COMMISSION ON HUMAN RIGHTS BEGINS DEBATE ON WOMEN’S ISSUES

Commission on Human Rights
57th session
9 April 2001
Morning





Also Hears Address by Minister for Foreign Affairs of Haiti



The Commission on Human Rights began debate this morning under its agenda item on “integration of the human rights of women and the gender perspective”, hearing from its Special Rapporteur on violence against women and from a Special Adviser on gender issues and the advancement of women.

Also addressing the Commission was Joseph Philippe Antonio, Minister for Foreign Affairs of Haiti, who said, among other things, that the situation of extreme poverty in the country and the absence of an effective culture of human rights respect had created conditions for all sorts of violence, although the recently inaugurated President had been calling for dialogue and reconciliation and human rights were a central concern of the Government.

Radhika Coomaraswamy, Special Rapporteur on violence against women, said among other things that she was greatly concerned over the amount of information she had received on violence against women and girls by United Nations peacekeepers. Peacekeepers were under an obligation to ensure the rights of the population in the countries where they were deployed, she said, and when they were themselves perpetrators of violations, the local population lost confidence and its sense of security, and the reputation and legitimacy of peacekeeping missions were destroyed.

A message from Angela E.V. King, Special Adviser on gender issues and the advancement of women, said among other things that at the twenty-third Special Session of the General Assembly, Member States of the United Nations had agreed to take action to eliminate particular forms of violence against women, including those based on racism and trafficking in women.

Also addressing the topic were Charlotte Abaka, Chairperson of the Committee on the Elimination of Discrimination against Women, and Dubravka Simonovic, Chairperson of the Commission on the Status of Women, who reviewed recent activities of their groups.

Abdelfattah Amor, Special Rapporteur on religious intolerance, spoke, introducing a report under the Commission’s agenda item on civil and political rights. Mr. Amor said that over the past year he had received 85 communications concerning 52 States which highlighted the vulnerability of minorities, especially to discriminatory and intolerant national policies and legislation. He added that minorities fell also victim to non-State bodies, especially religious communities, extremist organizations and the media, and that a harmful role was played by some media in promoting Islamophobia.

And a Representative of Myanmar, responding to remarks made Friday by the Commission’s Special Rapporteur on the human-rights situation in Myanmar, said, among other things, that the Government could not accept that there had been violations of human rights in the country, as portrayed by anti-Government elements and the Western media, nor it could accept that there was any need for a Commission resolution on Myanmar, but the Government was ready and willing to cooperate with the United Nations and the Commission to the extent possible under the prevailing circumstances.

Also speaking during the morning meeting were Representatives of Turkey, Bangladesh, Spain, India, and Nepal.

The Commission will reconvene at 3 p.m. to continue its discussion of the human rights of women.


Integration of the human rights of women and the gender perspective

Under this agenda item, the Commission has before it several documents.

There is a report (E/CN.4/2001/73) of Radhika Coomaraswamy, Special Rapporteur on violence against women, which recommends, among other things, that the United Nations take immediate steps to ensure that the representation of women is increased in all institutions and at all levels of decision-making; that a Gender Unit be created and senior gender advisers be appointed within the Department for Peacekeeping Operations, as well as senior gender advisers and child-protection advisers to all field missions; that more women be appointed as special representatives to conflict areas; that steps be taken to mainstream a gender perspective into all UN activities, most urgently in those areas affecting the physical security of women and girls, including in field operations, peacekeeping, and in military and police forces; that a clear mandate be established for all peacekeeping missions to prevent, monitor and report on violence against women and girls; that uniform procedures and disciplinary measures be elaborated for peacekeeping personnel who violate international standards, in particular those related to violence against women and girls; that special ad hoc tribunals to try peacekeepers for war crimes and crimes against humanity be considered in areas where peacekeepers operate; that the UN take steps to ensure that peacekeeping personnel who commit abuses against women and girls are held accountable; and that the wartime experiences and post-conflict needs of women and girls be fully taken into account in the formulation of repatriation and resettlement plans, as well as demobilization, rehabilitation, reintegration and post-conflict reconstruction programmes. Among a number of recommendations of the Special Rapporteur for national Governments is that States must ensure the safety of camps for refugees and internally displaced persons, especially against infiltration by armed groups, and must adopt effective measures to guarantee the particular security concerns of women and children.

An addendum to the report (Add.1) reviews communications of the Special Rapporteur with seventeen Governments. A second addendum (Add.2) summarizes a mission of the Special Rapporteur to Bangladesh, Nepal and India from 28 October to 15 November 2000 on the issue of trafficking in women and girls. Among its recommendations are that the international community must continue to play a proactive role in preventing trafficking in the South Asia region; that the Nepalese effort at prevention should be replicated in other countries of the region; that Governments of the region should each have a national plan of action to combat trafficking; that legislation to combat trafficking should be considered but only if it complies with international human-rights standards and does not violate the rights of women; and that Governments should refrain from enacting regulations and orders that restrict the free movement of women under the guise of fighting trafficking.

There is a report (E/CN.4/2001/72) of the Secretary-General on traffic in women and girls which concludes, among other things, that such trafficking for forced and exploitative labour, including for sexual exploitation, is one of the most egregious violations of human rights now confronted by the United Nations; that the problem is widespread and growing; that it is rooted in the social and economic conditions from which the victims come; that it is facilitated by practices that discriminate against women; and that the human-rights community has a special responsibility to ensure that the trafficking issue is not simply reduced to a problem of migration, a problem of order, or a problem of organized crime.

There is a report (E/CN.4/2001/71) of the Secretary-General on integrating the human rights of women throughout the United Nations system, which recommends, among other things, that all Governments should ratify, without reservations, the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child; that the obligations of States to prevent and redress violations of women’s rights need to be further clarified; and that recommendations of a 1995 expert group meeting on development of guidelines for integration of gender perspectives into human-rights activities and programmes had been implemented to some extent, but that many of the recommendations are still relevant.

And there is a letter (E/CN.4/2001/147) from the Permanent Representative of Georgia giving details of a national Action Plan on Combatting Violence against Women.


Statements

ABDELFATTAH AMOR, Special Rapporteur on religious intolerance, introducing his report to the Commission, said that since the fifty-sixth session of the Commission he had received 85 communications concerning 52 States. The limited resources allocated to the mandate made it impossible to cover all cases of discrimination around the world, especially since practically all States had problems of discrimination in the area of religion. The communications highlighted the vulnerability of minorities, especially to discriminatory and intolerant national policies and legislation. Minorities fell also victim to non-State bodies, especially religious communities, extremist organizations and the media. A harmful role was played by some media in promoting Islamophobia.

The general trend in the world in terms of religion was an increase in intolerance and discrimination against minorities and a lack of consideration for their specificities and needs, Mr. Amor said. An analysis of communications revealed further the tragic condition of women as a result of gender-specific discrimination. Women, like minorities, suffered from the scourge of extremism, which was sometimes abetted by the State. The general picture was rather negative and at times a matter of grave concern. The Special Rapporteur appealed urgently to Iran and Afghanistan, as well as the international community, to take measures to protect religious sites and monuments, in particular those which were the common heritage of humankind. He said requests he had made for visits to Indonesia, Israel, the Russian Federation, the Democratic People’s Republic of Korea, and Nigeria had not elicited any response from the relevant authorities.

There was a need to raise awareness on the issue of prevention of religious discrimination and intolerance and to devise a strategy at the international level to combat such problems, Mr. Amor said. Changing the title of his mandate from Special Rapporteur on religious intolerance to Special Rapporteur on freedom of religious and belief would be both a celebration of the 1981 Declaration on the subject and full acknowledgement of the role of the mandate in terms of the long-term prevention of intolerance and discrimination based on religion. However, the road to freedom of religion was long and full of obstacles.

JOSEPH PHILIPPE ANTONIO, Minister for Foreign Affairs of Haiti, said the process of restoration and promotion of democracy in his country was irreversible. On 7 February 2001, Jean Bertrand Aristide had become President for the second time after free democratic elections organized on 26 November 2000. A new Government had been formed comprising certain members of the opposition parties and independent personalities. The issue of human rights remained at the centre of the new Government's concern. The Government was determined to overcome the problems; however, without improvement in the economic situation of the country, current difficulties with human rights could not be ameliorated. In addition, it was necessary to improve the situation though creation of a true climate of peace and dialogue.

Mr. Antonio said that following the legislative elections of 21 May 2000, a report of the Organization of American States (OAS) had criticized the system of vote calculation applied by Haiti and had cast doubt on the mandates of some senators. That controversy was the origin of a crisis that still paralysed the normal functioning of the country's institutions. The Heads of the State and Government had taken a number of initiatives to find a solution to the problem. Before taking power, the country's President had addressed a letter dated 27 December 2000 to the former United States President and had proposed measures which might resolve the crisis, and said he was committed to implementing them immediately after his inauguration.

The situation of extreme poverty and the absence of an effective culture of human rights respect had created conditions for all sorts of violence, the Foreign Minister said. The President had been calling for dialogue and reconciliation. The struggle for human rights still remained a permanent concern of the Government. At the national level, all fundamental freedoms were guaranteed by the Constitution. In addition to the established courts, an office for the protection of citizens had been created with the aim of protecting all individuals from all forms of abuses by the public administration. On the international level, Haiti had ratified a number of international instruments relative to human rights. Mr. Antonio said that his country, which had been subjected to colonialism, slavery and racism, was preparing to celebrate its 200 years of independence in 2004.

RADHIKA COOMARASWAMY, Special Rapporteur on violence against women, its causes and consequences, said violence against women during armed conflict had continued unabated. Unimaginable brutality had been perpetuated against women and girls in conflicts ranging from Afghanistan to Chechneya, from Sierra Leone to East Timor. The report illustrated how, since 1997, women and girls had been raped by Government forces and non-State actors, by police responsible for their protection, by refugee camp officials and border guards, among others. They had been maimed and sexually mutilated, and often later killed or left to die. Women had been subjected to humiliating strip searches and forced into marriages with soldiers, a euphemistic term for what was essentially repeated rape and sexual slavery.

Of great concern was the amount of information that had been received during the period of the report of violence against women and girls by United Nations peacekeepers. The murder of an eleven-year-old Albanian girl in Kosovo was particularly disturbing. United Nations peacekeepers were under an obligation to ensure the rights of the population in the countries where they were deployed. When they were themselves the perpetrators of violations the local population lost confidence and its sense of security and the reputation and legitimacy of peacekeeping missions were destroyed. It was absolutely essential that all UN forces be held to the same standards of international human rights law as were States. To do otherwise would create a climate of impunity in which offences would proliferate.

Another serious problem was the use of female child soldiers and the impact of armed conflict on children. Girls were often victims of rape and forced marriage and might be abducted and forced to serve a number of distinct and overlapping roles for fighting forces. Another serous problem was the increase in the number of internally displaced persons, especially women and children. The Special Rapporteur said that during the preceding year she had made a field visit to India, Nepal and Bangladesh on the issue of trafficking in women and children.

A message read out from ANGELA E.V. KING, Special Adviser on Gender Issues and Advancement of Women, said that since the fifty-sixth session of the Commission there had been several important developments in the promotion and protection of the human rights of women. At the twenty-third Special Session of the General Assembly, Member States of the United Nations had not only recommitted themselves to the objectives of the Beijing Platform for Action, but also had agreed on strategic actions which would ensure their implementation. Among other things, action agreed to required legislation to eliminate particular forms of violence against women, including those based on racism and trafficking in women. The particular vulnerabilities of women and girls in times of armed conflict also had been acknowledged, and actions focussing on their role in conflict prevention and resolution, peace-keeping and peace-building had been emphasized. These aspects were taken up by the Security Council in October 2000 during its first-ever debate on women, peace and security, which resulted in the adoption of a far-reaching resolution on the topic.

On 22 December 2000, the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women had entered into force. The Optional Protocol entitled women from States which had ratified the Convention and the Protocol to submit petitions alleging discrimination to the Committee on the Elimination of Discrimination against Women. In March 2001, the Commission on the Status of Women had finished its work. Among the five resolutions it adopted was a draft resolution addressed to ECOSOC on the situation of women in Afghanistan.

DUBRAVKA SIMONOVIC, Chairperson of the Commission on the Status of Women, said five resolutions had been adopted by the Commission on the Status of Women at its forty-fifth session, two of which might be of particular interest to the Commission on Human Rights. Those were a resolution on the situation of women and girls in Afghanistan and a resolution on main streaming a gender perspective into all policies and programmes in the United Nations system. The resolution reaffirmed that gender main streaming constituted a critical strategy in the implementation of the Beijing Platform for Action and the outcome of the twenty-third Special Session of the General Assembly, as well as for achieving the overall goal of gender equality.

The issue of gender and racial discrimination was an important topic on the Commission's agenda and had resulted in the adoption of agreed conclusions on "gender and all forms of discrimination, in particular, issues of racism , racial discrimination, xenophobia, and related intolerance" that represented the thinking of the Commission on that issue and constituted its input to the World Conference against Racism.

The Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women had entered into force on 22 December 2000, Ms. Simonovic said. The Protocol was the concrete realization of the promise made by Governments at the World Conference on Human Rights and the Fourth World Conference on Women. As of 5 April, a total of 18 States had ratified or acceded to the Optional Protocol, and 66 had signed it. The Optional Protocol provided an additional and powerful tool for advancing women's interests, and a strong incentive for governments to review legislation and policy with regard to women.

CHARLOTTE ABAKA, Chairperson of the Committee on the Elimination of Discrimination against Women, said her Committee was a body of twenty-three experts, elected by State parties, who served in their personal capacities. The Committee was responsible for monitoring implementation of the Convention on the Elimination of All Forms of Discrimination against Women through the review of State parties' reports. With the accession of the People's Democratic Republic of China in December 2000, 167 States were now party to the Convention.

At its 24th session, the Committee had deliberated on the links between discrimination against women and racism, racial discrimination and related intolerance and had adopted a statement on gender and racial discrimination. The statement noted that the reports to the Committee submitted by States parties demonstrated that women all over the world continued to face multiple discrimination because of their sex and other factors of social exclusion and that multiple discrimination was often suffered by women migrant workers, women asylum seekers and women of diverse race, ethnicity, caste and nationality. Recommendations made in the statement included proposals for the development of special measures to protect women and girls from all form of discrimination. In addition, the statement encouraged the development of broad-based human rights education programmes to encourage peaceful conflict resolution and to contribute to the creation of societies based on gender equality, respect for human rights, tolerance and racial and ethnic harmony.

U. MYA THAN (Myanmar) said the presentation Friday of the Special Rapporteur on the situation of human rights in Myanmar had clearly demonstrated that the Government had goodwill; it was acting in good faith and with sincerity; and it had fully cooperated with the Special Rapporteur on the human rights situation to the extent possible during his recent visit to the country by extending all the assistance sought by him and by making all the necessary arrangements. For the first time in six years, the Government had accepted such a visit, which had taken place from 3-5 April. The visit had turned out to be a success, and the Government had recently released 101 prisoners.


While Myanmar had ceased cooperation with the International Labour Office (ILO) for the time being in relation to Convention 29 on account of the unfair treatment of the country and the unwarranted imposition of drastic measures under article 33 of the ILO Constitution, Myanmar had shown its goodwill and had made positive gestures. In addition, there were activities going on in Myanmar to promote human rights and raise awareness of human rights. Contrary to much-publicized allegations, schools and universities were open, and students from kindergarten to post-graduate classes had been pursuing their studies peacefully. The Government of Myanmar could not accept that there had been violations of human rights in the country, as portrayed by anti-Government elements and the Western media. Nor it could accept that there was any need for having a resolution on the situation of human rights in Myanmar. That remained the official position of the Government. However, the Government was ready and willing to cooperate with the United Nations and the Commission to the extent possible under the prevailing circumstances.

SERHAT AKSEN (Turkey) said that secularism in Turkey was not a tool for imposing an ideology or a singular conception of faith. Quite the contrary, it was the secular nature of the State that served as the principal guarantor of all beliefs. In one of the recommendations at the end of his report, the Special Rapporteur on religious intolerance had suggested that the Turkish Government should ensure that Islam did not become a political tool, since that would promote religious extremism. The Special Rapporteur could rest assured in this regard, since the Government's interpretation of secularism ensured that no religion became a political tool in Turkey. The Turkish State did not suppress the religious freedom of minorities or of the majority. It was truly a secular State. Tolerance and respect for different faiths was one of the characteristics of Turkish society.

Nationalism did not have any religious connotation in Turkey, either. It was an umbrella concept vis-à-vis citizenship and it was independent of religious belief. A Turkish citizen could be Muslim, Christian, Jew, believer or non-believer. Freedom of religion and belief, including the principle of non-discrimination on that basis, was legally protected.

ISMAT JAHAN (Bangladesh) thanked Special Rapporteur Amor for the interest he had shown in the situation of religious communities in Bangladesh. Among other things, there had been a misplaced and somewhat misleading emphasis in the report on the general status of women and its linkage to religion. It was true that women in Bangladesh faced many and varied forms of discrimination, mostly borne of existing socio-economic realities and traditional attitudes. However, it would be too sweeping an attempt to relate the situation to religious intolerance. The Government and civil society were alert to the given realities and were fully committed to the advancement of women in the country. In addition, contrary to certain observations in the report, religion did not play a significant role in the politics of the country.

Bangladesh took great pride in the religious and communal harmony that existed in the country. Although the country's population was predominantly Muslim, Bangladesh had always maintained a positive track record of communal harmony and religious tolerance in the region. That was not, however, to say that society was perfect. It was also not to exonerate the Government form addressing isolated cases of reported religious intolerance and discrimination, but rather to underscore the Government's constant and sincere endeavours to improve religious tolerance and communal harmony, which it believed was a continued process. Bangladesh remained open to all constructive suggestions in furthering its human rights record.


JOAQUIN PEREZ-VILLANUEVA Y TOVAR (Spain) said an international consultative conference on school education and tolerance and freedom of religion would be held in Madrid in November 2001. Spain wished to express its gratitude for the trust placed in it as host of the meeting. Experts of international stature had already drafted documents which had been submitted for consideration by Governments. All delegations were invited to contribute with their opinions.

The conference was designed to protect and promote tolerance and non-discrimination and it was hoped that not only member States would participate but other invited religious organizations.

SAVITRI KUNADI (India) said the Special Rapporteur had stressed the need for conceptual clarity in regard to the definition of trafficking, and the Prevention of Immoral Traffic Act of India did not define trafficking. The issue of definition and conceptual clarity was being referred by the Government of India, together with the views of the Special Rapporteur, to the National Commission for Women, a statuary body, which was currently engaged in an exercise to suggest suitable amendments to the Prevention of Immoral Trafficking Act.

India shared the concerns of the Special Rapporteur with regard to the low conviction rates for traffickers in India. The Government had already taken up the matter with States and had urged them to place greater emphasis on prosecution of traffickers. States had also been asked to report on cases registered under the Act in a prescribed form. There was need to create further awareness on the issue in the Indian police force, to change the mind set from registering cases against trafficked victims to prosecuting traffickers. A sensitization programme in that regard was being taken up in 2001 with assistance from the United Nations Children's Fund (UNICEF).

NABIN BAHADUR SHRESTHA (Nepal) said the problem of trafficking in girls and women in Nepal was one of the main concerns of the Government, which was committed to undertaking a series of measures nationally and regionally with the cooperation of all relevant sectors to combat the phenomenon. The 1990 Constitution of Nepal prohibited trafficking in human beings, slavery, serfdom and forced labour in any form. Besides Constitutional provisions, many legal initiatives had been taken against trafficking, including the setting up of special tribunals to try the offence of trafficking. Nepal was a party to all major international human rights treaties including the Convention on the Elimination of Discrimination against Women.

The Government realized that poverty, widespread underdevelopment, illiteracy and lack of employment opportunities were the major causes of this problem. As such, the Government had been making efforts to ensure women more access to political, economic and social development fields, and to streamline and strengthen the institutional arrangements for women's development. The Government had also been operating a technical assistance project with the Office of the High Commissioner for Human Rights. Furthermore, there were many NGOs in Nepal which were actively engaged in addressing the problem of trafficking.

ISMAT JAHAN (Bangladesh) said achieving the goal of gender equality had become a Constitutional commitment for her country; and Bangladesh upheld equality between women and men. Various legislative and administrative measures had been undertaken to reduce existing disparities between women and men in various fields. Main streaming of a gender perspective in the National Development Policy plan was a priority concern for all. Important measures had been in the education sector, such as special provisions and stipends for increasing the literacy rate of women and addressing the high female drop-out rate, and for providing free education for girls up to grade eight.

Notwithstanding Bangladesh's serious resource constraints and the many socio-economic challenges the country faced, the Government was committed to bringing about qualitative changes in the lives of disadvantaged groups, in particular women and children. Besides focusing on the social and economic emancipation of women, priority attention had also been given to addressing the problem of violence against women, which was a growing concern for Bangladesh. Various preventive and curative measures had been undertaken at the national level to address the problem. The current Government was fully aware that trafficking in women was a serious problem. However, it would not be correct to assert that trafficking was extensive in Bangladesh as observed by the Rapporteur. The Government was fully seized of the problem of trafficking and was committed to combatting it in all seriousness.

ABDELFATTAH AMOR, Special Rapporteur on religious intolerance, in his concluding remarks, thanked all those who had made statements on the subject of his mandate. Commenting on the consultative conference on school education and tolerance, to be held in Madrid, the Rapporteur said that each State had received documentation on the conference and he called on States to formulate their proposals and recommendations by 30 April.

With regard to Turkey, the Special Rapporteur said he believed he understood the substance of his mandate in that country. There was extremism in Turkey and elsewhere. The State was combatting the phenomenon, but political parties should not be allowed to use religion for electoral benefits. The Lausanne Treaty did not cover all minorities, some of which were about to disappear, and the explanation could not be only of an economic nature. There was a Turkitazation movement which was marked by nationalism that excluded certain minorities. With regard to Bangladesh, the Rapporteur said that minorities indeed complained of not being sufficiently represented in that country. Social traditions should not strangle social rights. Fatwas were issued by local authorities every day and did affect the rights of women. Religion was also used as a political tool by some parties in Bangladesh.




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