COMMISSION ON HUMAN RIGHTS CONTINUES DEBATE ON CIVIL AND POLITICAL RIGHTS

Commission on Human Rights
58th session
11 April 2002
Afternoon



Experts on Internally Displaced Persons,
Migrants and the Fund on Contemporary
Forms of Slavery Present Reports


The Commission on Human Rights this afternoon continued its debate on civil and political rights, hearing statements from national delegations on issues ranging from the importance of the independence of the judiciary and reparations for victims of torture or forced disappearances, to the need to ensure freedom of opinion and religion.

Several speakers referred to the 11 September attacks on the United States and stressed the importance of fighting terrorism. Some pointed out the importance of upholding basic human rights and fundamental freedoms during this fight, while others underlined the need to differentiate between terrorist acts and legitimate acts to achieve self-determination.

Also this afternoon, Gabriela Rodriguez Pizarro, the Special Rapporteur on the human rights of migrants; Francis Deng, the Representative of the Secretary-General on internally displaced persons; and Theo van Boven, a member of the Board of Trustees of the United Nations Voluntary Trust Fund on Contemporary Forms of Slavery presented reports.

In her statement which was distributed to the Commission, Ms. Pizarro said that she had highlighted in her report two important international developments with regard to the protection of the human rights of migrants: the World Conference against Racism and the deposition of the nineteenth ratification of the International Convention for the Protection of all Migrant Workers and Members of their Families. She also referred to her mission to Ecuador in which she noted that the State had undertaken important commitments regarding a human rights approach to its migration policies.

In response, the representative of Ecuador said the Special Rapporteur had given a positive assessment and her timely appeal that international cooperation be forthcoming to implement her recommendations was appreciated. The coordination body dealing with migrant issues in Ecuador would be responsible for implementing her recommendations.

Mr. Deng said in his statement which was distributed to the Commission that the role of his mandate had crystallized into that of advocacy, raising the level of awareness about the displacement crisis worldwide, and acting as a catalyst for international response. He also referred to his latest missions to Indonesia and Sudan. In Indonesia he said that internal displacement was a new phenomenon and the Government had formulated a policy aimed at ending displacement. In Sudan, he said he found improvements in the conditions of the displaced since his last visit, but the crisis remained grave and widespread.

In response, the representative of Sudan expressed his country's interest in the cause of internally displaced persons, and noted that many countries in Africa were affected by the phenomenon of internal displacement. Sudan supported the visit of the Representative, he said.

Mr. van Boven said that at its seventh annual session in 2002, the Board had reviewed about 40 new applications for project grants from non-governmental organizations to provide humanitarian, legal or financial aid to victims of contemporary forms of slavery, as well as 40 new applications for travel grants to allow representatives of non-governmental organizations (NGOs) to attend the twenty-seventh session of the Working Group on contemporary forms of slavery in May this year. He said that the Fund would need at least an amount of $ 300,000 before the next session of the Board of Trustees in January 2003. The Commission and all regular and potential donors were asked to generously contribute to the Fund before 1 December 2002.

Representatives of the following countries spoke on the issue of civil and political rights: Libya, Chile (on behalf of GRULAC), Guatemala, Bahrain, China, Cameroon, Uganda, Algeria, Argentina (on behalf of MERCOSUR), Peru, Japan, Indonesia, Togo, Croatia, Malaysia, Senegal, Viet Nam, the Democratic Republic of the Congo, India, Mexico, Brazil, Norway, Singapore, Iraq, and Kuwait. Speakers for the Sovereign Military Order of Malta and the International Committee of the Red Cross also took the floor.

When the Commission reconvenes at 10 a.m. on Friday, 12 April, it will be addressed by Secretary-General Kofi Annan. It will then start voting on draft resolutions submitted under several agenda items.


Specific Groups and Individuals

In advance of the general debate under this agenda item, the Commission heard introductions to several reports.

The report of Gabriela Rodriguez Pizarro, the Special Rapporteur on the human rights of migrants (E/CN.4/2002/94) was not available in English. In her statement which was distributed to the Commission, Ms. Pizarro said that she had highlighted in her report two important international developments with regard to the protection of the human rights of migrants: the World Conference against Racism and the deposition of the nineteenth ratification o f the International Convention for the Protection of all Migrant Workers and Members of their Families. She also referred to her mission to Ecuador in which she noted that the State had undertaken important commitments regarding a human rights approach to its migration policies.

The report of Francis Deng, the Representative of the Secretary-General on internally displaced persons (E/CN.4/2002/95) was not available in English. In his statement which was distributed to the Commission, Mr. Deng said that the role of his mandate had crystallized into that of advocacy, raising the level of awareness about the displacement crisis worldwide, and acting as a catalyst for international response. He also referred to his latest missions to Indonesia and Sudan. In Indonesia he said that internal displacement was a new phenomenon and the Government had formulated a policy aimed at ending displacement. In Sudan, he said he found improvements in the conditions of the displaced since his last visit, but the crisis remained grave and widespread.

There is a report of the Secretary-General on the United Nations Voluntary Trust Fund on Contemporary Forms of Slavery (E/CN.4/2002/93) which reviews the status and methods of operation of the Fund and notes that during its sixth session, the Board of Directors of the Fund recommended 18 project grants for an amount of $ 148,700 and 13 travel grants for an amount of $ 25,715 to allow representatives of non-governmental organizations to participate in the session of the Working Group on contemporary forms of slavery; and that the Board appealed for new contributions and estimated that it would need $ 400,000 per year to function effectively.


Presentation of Reports

GABRIELA RODRIGUEZ PIZARRO, Special Rapporteur on the human rights of migrants, said that in connection with her mandate, she took the opportunity to submit her report on her activities and on her mission to Ecuador (E/CN.4/2002/94). Due to time restrictions she asked that her statement be distributed. She hoped this situation of speaking time limitations would not create a precedent.

JOSE VALENCIA (Ecuador) thanked the Special Rapporteur for the submission of her report. It had been a pleasure to have her in Ecuador and her observations had been timely. Migrants had not only been seen in the context of social mobility since all the complex aspects of migrant workers had been highlighted. The human rights standards protecting all people must also protect migrant workers, and the State had a responsibility to ensure that their rights were respected. Ecuador had been working hard on this matter and was currently participating in bilateral talks with Spain concerning the flow of migrant workers. The Ecuadorian consulate service had also extended its services to migrant organizations. In addition, concerted efforts were being made to deal with issues affecting migrants and their families. The Special Rapporteur had given a positive assessment and her timely appeal that international cooperation be forthcoming to implement her recommendations was appreciated. The coordination body dealing with migrant issues in Ecuador would be responsible for implementing her recommendations.

FRANCIS DENG, Representative of the Secretary-General on internally displaced persons, said that the very limited time he was allocated due to the time constraints under which the Commission was operating was not adequate for a meaningful presentation of his in-depth report. He therefore referred delegates to his report and three addenda and to his prepared statement, which he asked the Secretariat to include in the records of the meeting.

OMER M. A. SIDDIG (Sudan) said that he regretted that time limits did not enable the Special Representative of the Secretary-General on internally displaced persons to present his report. Sudan appreciated the past and present work of the Special Representative. Sudan agreed to the mandate of the Representative because of the interest Sudan had vested in the cause of internally displaced persons. Many countries in Africa were affected by the phenomenon of internal displacement. Sudan supported the visit of the Representative to Sudan.

THEO VAN BOVEN, Member of the Board of Trustees of the United Nations Voluntary Trust Fund on Contemporary Forms of Slavery, said that at its seventh annual session in 2002, the Board had reviewed about 40 new applications for project grants from non-governmental organizations to provide humanitarian, legal or financial aid to victims of contemporary forms of slavery, as well as 40 new applications for travel grants to allow representatives of non-governmental organizations (NGOs) to attend the twenty-seventh session of the Working Group on contemporary forms of slavery in May this year. The Secretary-General had approved seven travel grants to allow NGO representatives, including victims, to attend the forthcoming session of the Working Group, and 21 project grants for a total amount of about $ 136,000. Taking into consideration the number of requests received in 2002 and that the Board recommended for expenditure almost all the money available in the Fund at its seventh session in 2002, the Fund would need at least an amount of $ 300,000 before the next session of the Board of Trustees in January 2003. The Commission and all regular and potential donors were asked to generously contribute to the Fund before 1 December 2002 to enable the Fund and Board of Trustees at its next session in 2003 to recommend new grants to assist victims of contemporary forms of slavery worldwide.


Civil and Political Rights

Under this agenda item, the Commission, in addition to reports already introduced, has before it a series of documents.

There is a report of the Secretary-General on the human rights of children and juveniles in detention (E/CN.4/2002/63), which reviews practical measures to protect and improve such rights, citing relevant activities of United Nations human rights mechanisms, work by the Office of the High Commissioner for Human Rights, activities in Europe, Latin America, Africa, and Asia, and steps taken by the Committee on the Rights of the Child, UNICEF, and the Coordination Panel on Technical Advice and Assistance in Juvenile Justice.

There is a report of the Secretary-General on the status of the Convention against Torture (E/CN.4/2002/65), which lists States that have signed or ratified the Convention.

There is a report of the Secretary-General on the United Nations Voluntary Fund for Victims of Torture (E/CN.4/2002/66), which reviews the financial status of the fund, describes fund-raising, predicts needs for 2002, and gives information on how to make contributions.

There is a report of the Office of the High Commissioner for Human Rights on human rights and forensic science (E/CN.4/2002/67), which describes progress in complying with a Commission resolution calling for updating of the Office's list of forensic and related experts, for the carrying out of training of such experts in relation to victims of human rights violations, and for updating of a manual for investigation of extra-legal, arbitrary and summary executions.

There is a report of the High Commissioner for Human Rights on the incompatibility between democracy and racism (E/CN.4/2002/69 and Add.1), which explores the relationship between democracy and racism, broadly identifies current trends in racism and related intolerance which threaten democracy, and considers actions that can counter the negative impacts of racism on democracy.

There is a report of the Working Group on a draft optional protocol to the Convention against Torture (E/CN.4/2002/78) on the group's tenth session, held from 14 to 25 January, and including the text of a proposal by the Chairperson for a "two-pillar" system on which the mechanics of prevention of torture would be based, the principles that would guide the functioning of national mechanisms, and the establishment of a subcommittee of the Committee against Torture that would provide assistance to such national mechanisms and carry out visits to places of detention.

There is a report of the Working Group on enforced or involuntary disappearances (E/CN.4/2002/79) summarizing the group's activities during 2001 and listing information on disappearances in 75 countries and territories.

There is a note by the Secretariat (E/CN.4/2002/121) summarizing replies received from Azerbaijan, Cuba, Turkey, and UNAIDS to a note verbale sent to all Member States requesting comments on the topics of "strengthening of popular participation, equity, social justice and non-discrimination as essential foundations of democracy" and "continuing dialogue on measures to promote and consolidate democracy".

There are letters or notes verbale from the Permanent Mission of Peru announcing establishment of a Commission on Truth (E/CN.4/2002/5) and describing the membership and activities of the Commission on the Truth (E/CN.4/2002/122); from the Permanent Representative of the Libyan Arab Jamahiriya containing texts related to the Lockerbie trial and a judgment rendered on 13 March by the Criminal Chamber of the Court of Cassation of the French Republic (E/CN.4/2002/122); from the Permanent Representative of Turkey responding to allegations by Cyprus of destruction of cultural property in northern Cyprus (E/CN.4/2002/130); from the Permanent Mission of Georgia describing Georgia's intention to strengthen efforts to combat torture (E/CN.4/2002/134); from the Permanent Representative of Turkey providing the text of a press release on the Organization of the Islamic Conference - European Union Joint Forum held in Istanbul from 12 to 13 February 2002; and from the Permanent Mission of Italy in response to questions put by the Special Rapporteur on Torture (E/CN.4/2002/154).

There are also letters or notes verbale from the Permanent Mission of France on a "comparative table of loopholes in international law on the subject of forced disappearances prepared by the International Commission of Jurists (E/CN.4/2002/155); from the Permanent Mission of the Sudan enclosing the text of a Presidential Decree re-establishing the Committee for the Eradication of Abduction of Women and Children (E/CN.4/2002/162); from Sudan announcing a decision of the Cabinet of Ministers to allow aliens the freedom to travel in any part of the Sudan with the exception of military areas (E/CN.4/2002/163); from the Permanent Mission of Singapore regarding the report of the Special Rapporteur on extrajudicial executions (E/CN.4/2002/170); from the Permanent Mission of Bahrain containing the text of a speech on the occasion of the International Day in Support of Victims against Torture (E/CN.4/2002/7); from the Permanent Representative of Turkey responding to the report of the Special Rapporteur on religious intolerance (E/CN.4/2002/8); and from the Permanent Representative of Cyprus charging desecration of religious places in northern Cyprus by Turkey (E/CN.4/2002/12).


General Debate on Civil and Political Rights

WIDAD KHALIFA BARRAH (Libya) said that independence of the judiciary was the basis of well-being of civil society. In Lybia, judges were independent; everyone could appeal to the courts. The Constitution stipulated that the objective of the judiciary was to protect society. The society enjoyed guarantees of independence of judges and fair trial. Courts provided legal aid and assigned councilors. A judge could be removed only for reasons of health and credibility. Decisions taken by the lower courts could be overturned on appeal. The Supreme Court could consider the constitutionality of laws. The performance of lawyers could also be reviewed. Members of the judiciary and lawyers could form trade unions and professional associations and enjoy all civil and political rights, as other members of the society.

JUAN ENRIQUE VEGA (Chile), also speaking on behalf of the Group of Latin American and Caribbean Countries (GRULAC), said that the vocabulary of "involuntary disappearances" had been a common usage in the Latin American region during the 1970's and it had been a subject of a resolution by the Commission in 1980. At present, regrettably, as it was reflected by the Independent Expert Manfred Nowak, forced disappearances had become an international phenomenon, and were a grave violation of universal human rights which required measures by the international community. The analysis of the Independent Expert had provided clarity to the need for States to adopt international instruments in that regard. Forced disappearances constituted a mass and grave violation of human rights and continued to violate those rights by making victims. In addition, there was a gap between the existing international judicial framework concerning disappeared persons and national legislation. An international legal instrument should be designed to protect persons subjected to involuntary disappearances.

ANTONIO ARENALES FORNO (Guatemala) said it was universally accepted that human rights were universal, indivisible and interdependent. Situations where economic, social and cultural rights were provided for, but where there were no civil or political rights were unacceptable. Much remained to be done in some countries to establish a legal order providing for a pluralist participative democracy. It was repugnant to hear speakers of authoritarian or pseudo democracies criticizing countries that had real democracies which ensured human rights and fundamental freedoms. The operation of successful democracies must be imitated and adapted to other cultures and realities, guaranteeing the individual's participation in the election process. The greatest dangers faced by countries seeking to consolidate their fragile democracies was stagnation in the election process - sometimes leading to a situation of disguised dictatorships. Such disrespect for democracy could never function and provide for basic and fundamental rights, such as civil and political rights. Guatemala appreciated the establishment of the working group that would construct a legally binding document on disappearances, since there had been a legal vacuum in this field until now. It was also stressed that the Convention against Torture was an effective means to address torture and other cruel, inhumane practices.

SAEED MOHAMED AL-FAIHANI (Bahrain) said that terrorism was an evil phenomenon which sought to destroy the values of civilization and which in itself was a clear violation of human rights. It targeted the innocent, regardless of race or nationality. It was therefore vital that the international community unite in order to contain and overcome this dangerous phenomenon. There was almost no country in the world that had not been subject to terrorist acts. Each year one heard about more and more terrorist acts carried out worldwide. There was therefore an urgent need to strengthen further international cooperation in order to prevent, combat and eliminate terrorism in all its forms.

The international community must, however, ensure that it properly defined terrorism, and in particular did not link it with the legitimate struggle against the occupation of land by others and the legitimate resistance of such occupation. In this regard, Bahrain stressed the right of the Syrian, Lebanese and Palestinian people to combat occupation as a legitimate right enshrined in international laws and norms. Terrorism was not confined to a single religion, nationality or ethnic background. Islam, in particular, stood against aggression and terrorism. Intolerance, extremism and violence had no place in Islam.

ALEJANDRO SALINAS (Chile) said that his country was sensitive to the reparation of victims of grave violation of human rights. Since 1990, the creation of the National Commission of Truth and Reconciliation had contributed a lot in the establishment of a comprehensive national policy which had guaranteed reparation to victims and their families. The motivation of the Government was to bring national reconciliation and through that to establish a policy of reparation. The measure of reparation extended to victims and their families was not an economic one but it was to repair the dignity of the persons who had been victims. Although the reparation could be considered as symbolic, it was a recognition of the victims. The experience of Chile had been shared by friendly countries and non-governmental organizations. Chile was also presenting to the Commission a draft resolution on the basis of the principles and guidance it had established during the past.

SHEN YONGXIANG (China) said his country had persistently attached great importance to the promotion and protection of civil and political rights. Tremendous efforts had been made toward this end and notable achievements attained. Much legislation had been adopted to ensure full realization of civil and political rights. China had spared no effort in the building of democracy. Mechanisms of judicial supervision had been strengthened to ensure fairness in the administration of justice. Furthermore, freedom of expression was safeguarded since it was clearly stipulated in the Constitution that everyone enjoyed the freedoms of expression, press, assembly and association. Everyone had the right to criticise or file complaints against the state machinery for unlawful behaviour and misconduct. Respect for and the protection of the freedom of religious belief was also safeguarded. Finally, Chinese laws clearly objected to and prohibited torture and acts of torture - they were seen as criminal acts. Cases of extorting confession by torture or abuse of inmates, though isolated, were never tolerated by the Government. Allegations by certain western powers that Chinese prisons were fraught with torture was sheer fabrication. No country was perfect when it came to human rights - there were both successes and shortfalls in the promotion and protection of civil and political rights. Through open exchanges, countries could learn from each other and work together to advance the cause of human rights around the world.

SAMUEL MVONDO AYOLO (Cameroon) said that the Government had decided to take measures to implement the recommendations by the Special Rapporteur on torture. Among the measures taken were the strengthening of the police force and the creation of a special unit charged with monitoring and punishing human rights violations committed by the police and the army; the rehabilitation of prisons and bringing them to the level of international standards; programmes designed to improve the conditions of detainees; and reducing overcrowdedness in prisons. Cameroon was convinced that major education reforms were necessary to ensure respect for national and international human rights standards. The objective of the Government was to eliminate the practice of torture and ensure that public agents who committed acts of torture did not enjoy impunity. Cameroon underlined that it was strongly committed to combatting torture and summary executions.

LUCIAN TIBARUHA (Uganda) said that the Ugandan Constitution provided that no person must be subjected to any form of torture, cruel, inhuman or degrading treatment or punishment. The Ugandan Human Rights Commission was mandated to visit jails, prisons, and places of detention or related facilities with a view to ascertain whether the human rights of inmates were being violated. The Constitution also provided that no person must be deprived of personal liberty except as may be authorized by law; that a person arrested or detained must be informed immediately in a language that the person understood of the reasons for the arrest; and that in the determination of civil rights and obligations or any criminal charge, a person must be entitled to a fair, speedy and public hearing before an independent and impartial court established by law. The essence of the above provisions was that the Constitution prohibited political detention. In fact, the Constitution of Uganda guaranteed the protection of civil and political rights of all persons in Uganda without discrimination of any kind whatsoever.

LAZHAR SOUALEM (Algeria) said that the sense of international solidarity and mobilization born after the 11 September events had shown that a collective and consensual approach had been devoted to face transnational terrorism which negated the values of human rights. The emergence of such dynamism, which was the expression of the will of the international community, would contribute to the triumph of the ideals of freedom, justice and progress for all peoples of the planet. Algeria, which had always supported and encouraged all actions of new perspectives aimed at the full emancipation of human beings, attached, without reserve, its support to such a process that would be extended to all aspects of human rights. The process of cooperation should prevail instead of confrontation. The democracy to which all were aspiring required a long endeavour, which submitted to factors of internal and external influences of each country.

The persistence of the multiple injustices and poverty in the world should incite the international community to awake its conscience for the development of international cooperation focused on the issues of democracy and human rights. One of the priorities of such cooperation would be to put in place a mechanism which could be adapted to respond to the concerns of humanity. The undeniable economic marginalization of the developing countries remained the principal source of instability, insecurity, political crisis, trafficking, corruption and organized crime, as well as the deterioration of the environment that was threatening the survival of the whole world population.

HORACIO SOLARI (Argentina), speaking on behalf of MERCOSUR and the associated countries Bolivia and Chile, said that the Group supported defensive democracy that could ensure respect for human rights and fundamental freedoms and the realization of economic, social and cultural rights as well as civil and political rights in the context of the right to development. Democracy was the most appropriate, if not only system whereby individuals could fully exercise their rights. Democratic legitimacy was a fundamental aspect of regional integration. The Member States of MERCOSUR considered that access to power and its exercise in the context of the rule of law and holding of free elections were essential components of representative democracy. A democratic system required oversight through transparent mechanisms, including independent judiciary, transparency and the application of human rights instruments. The Member States of MERCOSUR were committed to combat unemployment and poverty and ensuring the right to health and education.

JOSE LUIS PEREZ SANCHEZ-CERRO (Peru) expressed unequivocal support for human rights reached through a democratic system of transparency in the electoral process. Peru was moving towards the realization of civil and political rights. There was a need to ensure the protection and promotion of such rights within a context of development. Human rights had no frontiers and were of universal application. An international guardianship of human rights was essential and Peru had recently invited Special Rapporteurs to visit Peru to show the major advances achieved. In this regard, Peru was improving its human rights approach and was party to regional human rights mechanisms. In this context the importance of the Inter-American Convention of forced disappearances of individuals was highlighted. Concerning terrorism, Peru had also experienced terrorism and had not always respected human rights in the fight against terrorism. It had now been realized that human rights were not an obstacle and must serve as a constant point of reference in all activities of the State. In order to rectify the errors committed in the past, the current Government financed work on truth and reconciliation as well as compensation for victims of human rights violations. Peru was in favour of constructive cooperation in order to promote human rights through the combatting of poverty, the promotion of democracy, and the advancement of women and indigenous groups.

KOICHI HARAGUCHI (Japan) said that freedom of opinion and expression was a cornerstone of civil and political rights and also a key element to democracy. The International Covenant on Civil and Political Rights affirmed, in its article 19, that everyone had the right to hold opinions without interference, as well as the right to freedom of expression. Japan believed that those rights were fundamental to ensuring full and effective participation in democratic development. In connection with freedom of expression, in a modern society with advanced technology, it was important to receive information from all over the world without interference, as that new development would give people more abilities and opportunities to participate in their society. However, the information provided freely often included harmful messages such as the expression of racial hatred and child pornography. Those kinds of information had a negative influence on society, especially on children. Those problems should be tackled without imposing unlawful and unnecessary restrictions on the freedom of expression.

The Government of Japan was deeply concerned about enforced or involuntary disappearances, as they constituted serious human rights violations that endangered the lives and dignity of people. Despite the very regrettable decision by the Working Group on enforced or involuntary disappearances regarding the cases of Japanese nationals, the Japanese Government would like to point the special attention of all States to those cases, and requested them to respect Commission resolution 2001/46 of 23 April 2001 and other relevant resolutions.

DJISMUN KASRI (Indonesia) said that Indonesia had energetically pursued the reform process set in motion in 1998 by devising and implementing a wide range of measures in order to guarantee the realization of civil and political rights of all its citizens. Although Indonesian legal institutions had witnessed a steady upgrading in order to meet international standards, the judicial system still had much ground to cover before it could rival those of established democracies.

Indonesia's legislation specifically defined torture as a crime against humanity. The Indonesian Government continued to facilitate routine prison visits by human rights monitors as well as by the International Committee of the Red Cross. The current Government was taking measures to ensure a free and vibrant media. Special emphasis had also been given to good governance based on principles of transparency, honesty and accountability. The conflicts which had pitted the Muslim and Christian communities in the Moluccas and in Central Sulawesi against each other were today largely a phenomenon of the past.

ROLAND KPOTSRA (Togo) said the existence of a free and independent press was a necessity in an open and democratic society. In Togo, there was today a great diversity in public opinion which was reflected in the press. Out of the newspapers and the media in Togo, about two-thirds represented different political views and trends. Togolese and foreign, private, commercial and religious radio stations existed in the country and the number of televisions channels was multiplying. It was therefore clear that information and communication had the advantage of influencing and increasing democracy and the construction of a State under the rule of law. The freedom of press was guaranteed by the Togolese Constitution and any person had the freedom to distribute written opinions within the limits defined by the law. The press was also subject to the provisions of the law and thus the recent report in the western media that journalists had been arrested was total misinformation. The prosecution of these journalists had been carried out under the rule of law.

SPOMENKA CEK (Croatia) said that the issue of terrorism had established itself on the top of the agenda throughout the United Nations in the aftermath of the tragic events of the 11 September. Croatia believed that the Commission was the appropriate body to look into the human rights aspects of that unfortunate phenomenon and in the human rights guarantees needed to be upheld in the legitimate fight against it. It was hoped that the current session of the Commission would identify appropriate ways and means for fighting terrorism while at the same time securing fundamental human rights and freedoms.

The prohibition of torture today was a part of the general international law. All forms of torture or other cruel, inhuman or degrading treatment or punishment could not be justified under any circumstances. Croatia would like to encourage the universal ratification of the Convention against Torture, the reflection of its provisions in national legislation and their full implementation. The Croatian criminal legislation included the explicit prohibition of torture based on the definition contained in the Convention.

ZAINOL ABIDIN AHMAD FAIRUZ (Malaysia) said that Malaysia was a multi-racial society made up of diverse ethnic groups with heterogeneous affiliations, religions and cultures. Malaysia had been able to maintain peace and harmony throughout the years as it had exercised tolerance and respect among the different ethnic groups, allowing each to practice their cultures and beliefs. The Constitution of Malaysia divided the authority of the federation into the legislative, judiciary and the executive branches. Judicial independence was guaranteed by the provisions of the Constitution. The Special Rapporteur on the independence of judges and lawyers had suggested that the Malaysian judiciary was not totally independent. This was wrong. The judiciary in Malaysia had always been independent and had always acted and continued to act in the interest of the nation and its people.

MOMAR GUEYE (Senegal) thanked the Chairperson of the Working Group on a draft protocol to the Convention against Torture, and said adoption of such a protocol would be an important step to fight inhuman practices. Senegal was committed to all the recommendations and obligations of this instrument. The Constitution of Senegal clearly stated that the human being was sacred and inviolable. The penal code therefore had appropriate measures to deal with such inhuman practices. The measures used particularly targeted law enforcement officials since they were exposed to situations where they could resort to torture. Any police officer resorting to torture or other cruel and inhuman practices was severely reprimanded. In the fight against torture, the criminal code had been reviewed; a national commissioner for human rights had been appointed; and judges had been mandated to supervise detentions. The Commission was also informed that Senegal had all the instruments ready to ratify the Treaty of Rome and was committed to its obligations and the recommendations within this important human rights instrument.

DINH THI MINH HUYEN (Viet Nam) said that the realization of civil and political rights should go hand in hand with that of economic, social and cultural rights. A good realization of economic, social and cultural rights would concurrently promote that of civil and political rights; civil and political rights could not flourish in a world where economic, social and cultural rights were neglected. Viet Nam believed that the protection and promotion of civil and political rights and that of economic, social and cultural rights should equally be the central work of the Commission and all should show strong commitment to the protection of all those human rights.

There was no monopoly of models of democracy, yet surely one key element of democracy was full participation of people in all aspects of life of the country. It was vital for the people to have the right and opportunity to take part in the conduct of public affairs. For the last decade and half of Viet Nam's reconstruction process, the country had recorded remarkable achievements in strengthening its democratic institutions and the legal system, leading to significant progress in the enjoyment of all human rights.

NEHEMIE WILANYA WILONDJA (the Democratic Republic of the Congo) said that the situation in the occupied territories in the east of the Democratic Republic of the Congo was more than dramatic. The population was forced to feed the occupying power under the pretext of war efforts. Those who did not agree received lashings in public. Amnesty International noted in its 2001 report entitled torture against unarmed civilians that rape, in particular of young girls and women of all ages, was committed on a wide scale as a weapon of war by armed opposition groups and foreign government troops in the east of the country. Acts of torture often accompanied the rapes. Several sources underlined the link between the presence of armed troops and grave violations of human rights including the systematic rape of women and young girls and the spread of sexually transmitted diseases suffered by Congolese women in the territories under the control of rebels and their foreign allies. The atmosphere prevailing in those territories remained one of terror.

SHARAT SABHARWAL (India) said the phenomenon of terrorism today posed the most serious threat to human rights. Terrorist acts violated the most fundamental rights of all, the right to life. They infringed upon all other human rights including the freedom of opinion and expression, the freedom from fear as well as enjoyment of economic, social and cultural rights. Democracies were particularly vulnerable to terrorism because their liberties were exploited by terrorism. India had been the victim of some of the most brutal manifestations of terrorism aided and abetted by Pakistan. Successive Governments in Pakistan had all along nurtured territorial ambitions on the Indian State of Jammu and Kashmir. Pakistan's proxy war and sponsorship of terrorism had been responsible for gross violations of human rights by terrorists. The words "freedom movement" and "self-determination" sounded incongruous on the lips of the military dictators of Pakistan who had kept their own people deprived of their rights and freedoms under a military rule. The leadership of Pakistan was now seeking to use a facade of countering its own terrorist creation to get assistance for its beleaguered economy. Such encasement of terrorist structures, if allowed, would set a dangerous precedent that others might be tempted to follow.

MARICLAIRE ACOSTA (Mexico) said that democracy and human rights were indivisible and one could not exist without the other. The present Government of Mexico had been transforming deep-rooted structures that had been in place for many years, hampering the effective enjoyment of human rights and democracy. The Government was convinced that democracy and human rights were essential in the exercise of sovereignty. The human rights policies of the present Government of Mexico were based on the active participation of the country in international fora aimed at the promotion and protection of human rights; the harmonization of national legislation and international instruments; international cooperation, particularly with the Office of the High Commissioner for Human Rights; and the opening of genuine and effective space for civil society to participate in public affairs.

Mexico had recently taken further actions in ratifying all remaining human rights instruments to which it had not been a party. It had also taken measures to withdraw certain reservations to some articles in the conventions it had already ratified. The Government was also establishing new relationships with social actors; and for that purpose, it had created a new institutional mechanism which had enabled the holding of a dialogue between the Government and members of civil society. Turning to the initiative to establish a working group on the elaboration of a draft international instrument on forced disappearances and the draft optional protocol to the Convention against Torture, the speaker said that Mexican society, unfortunately, was not free from those crimes. The country's President had recently appointed a special prosecutor to investigate cases of disappearances to establish responsibility for those crimes.

OLYNTHO VIEIRA (Brazil) said that countless numbers of people were daily victims of police brutality, torture, detention without trial, execution, racial and gender discrimination. Although human rights legislation was extensive and firmly established, some States still flaunted their provisions. The Government of Brazil was convinced that collective action at the international level on standard setting accountability was a sine qua non of human rights observance. In an attempt to build a true and solid culture of human rights in the country, the Brazilian Government had decided to adopt a series of preventive measures to support the strengthening of effective national human rights institutions.

One example of the Government's action in protecting civil and political rights was the launching of a national campaign to combat torture. Federal funds were provided to civil society entities in order to create a national toll-free number (SOS Torture) for denunciations and the campaign had been publicized on television, radio and newspapers. The Government was committed to the international struggle against racism, racial discrimination, xenophobia and related forms of intolerance. The Durban Declaration and Plan of Action were relevant instruments in this regard.

JOHN BERNHARD HENRIKSEN (Norway) said arbitrary detention, lack of independence of judges and lawyers, violations of freedom of opinion and expression, as well as torture, extrajudicial, summary or arbitrary executions, and involuntary disappearances were all violations which struck at the very core of the rule of law. In no situation and under no conditions could torture be justified. Norway stressed the need for genuine implementation of international standards on the prevention of torture and other cruel, inhumane and degrading treatment or punishment through effective national legislation. This was essential for societies at large, but especially important for the many groups at risk, including minorities, indigenous peoples, political opponents, journalists and human rights defenders. Allegations of torture or ill-treatment must be investigated promptly, impartially and thoroughly. Norway supported the draft optional protocol to the Convention against Torture which would provide for preventive visits, and he called for an adoption of the protocol at this session. Freedom of expression and opinion, including freedom of the press and media, were among the basic prerequisite for truly democratic societies. Freedom of expression was fundamental in a society built upon the principles of human rights, as an enlightened, active and critical debate was a cornerstone of democracy.

VANU GOPALA MENON (Singapore) said that the draft resolution to be submitted by Croatia and other co-sponsors insisted on the universal applicability of the right to conscientious objection to military service. It ignored different countries' unique cultural, social, economic and political circumstances by attempting to summarily impose a standard on the whole world. In doing so, the co-sponsors were attempting to foist their value systems indiscriminately on others. The draft resolution ignored the fact that national defence was a fundamental sovereign right under international law.

How to deal with conscientious objectors to military service must be a matter for each State to determine. The draft resolution went beyond what was prescribed in international law and applicable human rights instruments. The draft resolution ignored the fact that when a State had established a compulsory military system, allowing individuals to be excused from that service on the basis of conscientious objection would fundamentally undermine collective responsibility for national defence, compromise national values and violate the principle of universal application of the law.

MARIE-THÉRÈSE PICTET-ALTHANN, of the Sovereign Military Order of Malta, expressed deep concern over the tragic situation taking place in the occupied territories of Palestine for many months and the recent intensification of events these days. The Sovereign Military Order of Malta could not remain indifferent to what was happening in the Holy Land because of its roots since the eleventh century and the important humanitarian and sanitary activities it deployed in the region. The Sovereign Military Order of Malta was present in Bethlehem with a hospital in which 14,000 women per year were hospitalized. The patients included Palestinians, Muslims, and Christians. Each year, 3,000 maternal deliveries were carried out in the hospital. In October 2001, in a repeated manner, and on 14 March, the hospital had been shelled with heavy weapons. The hospital had been evacuated and its activities been interrupted. The Sovereign Military Order of Malta should be allowed to continue its activities and the Fourth Geneva Convention should be respected.

OLIVIER COUTAU, of the International Committee of the Red Cross, stressed the need and the right of families to know where and what had happened to their missing relatives. Unfortunately, several families suffered from a complete lack of information and cooperation. This was not only harmful to the family itself but also to the process of reconciliation. The ICRC was doing its utmost to come to the aid of these families, however there were several difficulties. Some of these difficulties were the insufficient political will; inability to contact all detainees since some where totally cut off from the world; and the lack of news concerning casualties. In light of difficulties, the ICRC had decided to act with all concerned to combat these tragedies. First, through workshops with governmental and non-governmental experts to clarify how to meet the needs, and second, through the organization of an international conference where governmental and non-governmental experts could submit their results from the workshops. The result would hopefully contribute to help political and humanitarian players in their attempts to assist the families of the missing people.

JWAN HASSAN TAWFIQ (Iraq) said that Iraq had ratified the International Covenant on Civil and Political Rights in 1970 and since then the Government had taken many actions to ensure its implementation. In 1974, for example, a law establishing the autonomy of the Kurds was promulgated. Other laws allowed for the establishment of political parties and guaranteed freedom of expression and religion. The Iraqi Constitution also guaranteed the democratic participation of citizens in political life through referenda.

Current events bore witness to a crisis in which some influential countries did not respect international law and interfered in domestic affairs of other countries, thus violating their sovereignty. The United States and Great Britain had imposed an embargo on the north and the south of Iraq, not to mention the attacks they carried out against it in 1991 without the authorization of the UN Security Council. The air attacks carried out against Iraq had resulted in a massive loss of life, not to mention the destruction of the infrastructure. The United States had also threatened to use nuclear weapons against Iraq.

NAJEEB AL-BADER (Kuwait) said terrorism constituted a danger to the international community. The Commission had in the past adopted resolutions against terrorism. Kuwait had been the victim of terrorism, which had destroyed its infrastructure. The Government of Kuwait was against any form of terrorism and impunity should not passed with silence. Steps should be taken in order to punish those who perpetrated these crimes and those who were financing these acts. Those who committed the terror of 11 September should also punished. However, the struggle for self-determination and terrorism should not be confused.




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