COMMISSION ON HUMAN RIGHTS DISCUSSES NEEDS OF MINORITIES, MIGRANTS, INDIGENOUS POPULATIONS, OTHER TOPICS

Commission on Human Rights
58th session
24 April 2002
Morning




The Commission on Human Rights, pushing to complete its debate before the conclusion of its fifty-eighth session at the end of the week, heard continued discussions this morning under its agenda items on "specific groups and individuals" -- including migrant workers, minorities, and internally displaced persons -- indigenous issues, the report of the Subcommission on the Promotion and Protection of Human Rights, the promotion and protection of human rights, the effective functioning of human rights mechanisms, and advisory services and technical cooperation in the field of human rights.

A number of national delegations and non-governmental organizations (NGOs) called for greater efforts to protect minority groups. A representative of Hungary said international experience demonstrated that prevention was the most effective form of protection for minorities and other vulnerable groups, but that building a culture of prevention was not easy, since the costs of prevention had to be paid in the present while its benefits lay in the more or less distant future.

A representative of Finland said minorities were particularly vulnerable to human rights violations during states of emergency, and while States might derogate temporarily from some human rights obligations during emergencies, there were rights from which no derogations were allowed under any circumstances.

Another concern was discrimination and violence against migrants. A representative of the Holy See said a precondition for a forward-looking human rights framework was that it be set within a positive image of migration: legislation that was based primarily on control and repression of abuses -- which, without doubt, were necessary -- would never capture the concept of migration as an opportunity. And an official of Morocco said the terrible events of 11 September had created unhappy associations between Islam and terrorism, with unfair repercussions for Muslim migrant workers.

The non-governmental organization (NGO) Association for the Prevention of Torture urged States to extend standing invitations for visits to all thematic human rights mechanisms of the Commission.

Other topics raised over the course of the morning were the rights of the disabled; mental health; protection of human rights defenders; discrimination against persons with HIV/AIDS; abolition of capital punishment; good governance; human rights education; and contemporary forms of slavery, including bonded labour.

Addressing the meeting were representatives of Romania, United Nations Fund for Population Activities, Australia, Ireland, Hungary, the World Bank, Sri Lanka, Finland, the International Labour Office, the Holy See, Azerbaijan, Turkey, Morocco, Kuwait, Cyprus, the World Health Organization, Tunisia, Iraq, New Zealand, Yugoslavia, Norway, San Marino, the European Commission, and the United Nations Educational, Scientific and Cultural Organization.

The following NGOs also delivered statements: Association for the Prevention of Torture; Franciscans International; Minority Rights Group; World Organization against Torture; Colombian Commission of Jurists; All for Reparations and Emancipation; International Organization for the Development of Freedom of Education; International Association for Religious Freedom; Centre Europe - Tiers Monde; Afro-Asian People's Solidarity Organization; Agir Ensemble pour les Droits de L'Homme; Women's International League for Peace and Freedom; South Asia Human Rights Documentation Centre; Himalayan Research and Cultural Foundation; Movement against Racism and for Friendship Amongst Peoples; Australian Council for Overseas Aid; North-South XXI; Interfaith International; European Union of Public Relations; World Federation of Trade Unions; International League for Human Rights; Liberation; Association for World Education; World Union for Progressive Judaism; African Commission of Health and Human Rights Promoters; International Federation for the Protection of the Rights of Ethnic, Religious, Linguistic and Other Minorities; International Catholic Migration Commission; International Human Rights Association of American Minorities; World Muslim Congress; Reporters sans Frontieres International; Transnational Radical Party, and International Movement of the Apostolate in the Independent Social Milieu.

The Commission will reconvene at 3 p.m. to carry on with its debate under its remaining agenda items. High Commissioner for Human Rights Mary Robinson is also expected to present a report to the Commission on the situation in the occupied Palestinian territories.


Statements

ANDA FILIP (Romania) said the Romanian authorities had been concerned about the situation of the Roma population for a long time. Recently, efforts at different Government levels had finally produced fruit. Romania had adopted a national strategy for the improvement of the Roma situation. The elaboration and implementation of that strategy was a priority for the Romanian Government and the objectives of the plan had been inscribed in the programmes of the present Government. The strategy was to cover the next ten years. It took into account that the Roma had a double status: ethnic minority and socially disadvantaged group. The strategy envisaged promoting social integration, fighting discrimination, eliminating prejudices, and other goals. Protection and promotion of the cultural and linguistic heritage of the Roma were also taken into account.

ANA ANGARITA, of the United Nations Population Fund (UNFPA), said HIV/AIDS had never before been so high on the political agenda. Yet HIV/AIDS continued to spread. Half of all new infections occurred among people aged 15 to 24, and young girls were the most vulnerable. In Africa, where HIV/AIDS had hit the hardest, millions of young women had never even heard of the deadly disease and many others harboured serious misconceptions about how the virus was transmitted.

UNFPA's mandate in reproductive health, guided by human rights principles, provided an excellent entry point for prevention activities. The agency's priorities were greater access to education, life skills, health care and opportunities in life so that people could protect themselves from infection; empowering girls and women so that they could avoid unprotected and unwanted sexual relations; engaging boys and men in responsible sexual behaviour; and providing adolescents with access to reproductive and sexual health services. Gender played a significant role in sexual and reproductive life, and had an impact on HIV prevention. UNFPA stressed the need to continue building gender-responsive HIV prevention programmes.

PETER HEYWARD (Australia) said his country supported national human rights institutions as valuable mechanisms for the promotion and protection of human rights, and underlined their importance for discourse on human rights. Australia supported the statement delivered yesterday by the Czech Republic on the issue.

MARY WHELAN (Ireland) said there had been several important developments in the question of the human rights of persons with disabilities since the matter was last discussed by the Commission. Ireland was looking forward to participating in the drafting process of a comprehensive and integral international convention to promote and protect the rights and dignity of persons with disabilities. It would be essential that the process have the fullest possible participation by persons with disabilities and their representative organizations. It would also be critical to follow best practices in treaty elaboration and to ensure that the negotiating process involved a considered and reasoned debate. Ireland believed the views of the Commission, as expressed in this year's draft resolution on the human rights of persons with disabilities, would play in important part in ensuring that the negotiations would produce an outcome based on high standards and the fullest possible reflection of key aspects of the issue.

Slavery had not only survived into modern times but had thrived. Despite the fact that slavery was illegal in almost every country, it was estimated that currently there were more than 27 million people living in slavery. Contemporary slavery had three defining characteristics: a slave was someone who was unpaid, was controlled by violence or the threat of violence; and was unable to leave an "employer". Debt bondage -- where a person's labour was demanded in repayment for a loan -- was the most common form of slavery today, affecting an estimated 10 million people.

ANDRÁS SZABO (Hungary) said most major crises of the past decade had been triggered by conflicts in which ethnic identity had been a prominent element. The protection and promotion of the identities of national and ethnic minorities and ensuring their institutional participation in public affairs were not only requirements evolving from human rights, they also formed the basis of the non-discriminatory functioning of a democratic State. It was not surprising that successful attempts to improve the situations of minorities and national communities had taken root in the soil of democracies. Legal and institutional generosity towards minorities and other vulnerable groups was a sign of the State's strength and self-confidence. International experience demonstrated that prevention was the most effective form of protection for minorities and other vulnerable groups in danger. However, building a culture of prevention was not easy, since the costs of prevention had to be paid in the present, while its benefits lay in the more or less distant future.

The United Nations had an important role to play. In Hungary's view the current mechanisms of the United Nations did not address adequately the interrelated dimensions of minority rights and conflict prevention. Hungary would support the preparation of a report by the Office of the High Commissioner containing an analysis of the degree to which existing special procedures and mechanisms addressed conflict prevention involving national or ethnic, religious and linguistic minorities.

ALFREDO SFEIR-YOUNIS, of the World Bank, said HIV/AIDS must be eliminated and this demanded a global response. HIV/AIDS constituted a massive development problem, decreasing productivity and affecting the fabric of family and community life. It was estimated that in the hardest-hit countries of Sub-Saharan Africa, annual per-capita GNP growth might drop by 8 percent by 2010.

Indigenous peoples were the poorest and most excluded populations and policies must be linked to development and poverty reduction for them. Lack of participation and recognition plagued indigenous women who were vital for the maintenance of sustainable livelihoods. The World Bank supported the Permanent Forum on Indigenous Issues and felt that indigenous peoples must define the Forum's nature and scope. The futures of indigenous children and youth were at stake.

PRASAD KARIYAWASAM (Sri Lanka) said that as a multi-ethnic and multi-cultural nation, Sri Lanka had consistently remained in the vanguard of promoting minority rights. In that context and in the Working Group on minority rights, it continued to make an invaluable contribution to the debate under that agenda item. The mandate of the Group was guided by the UN Declaration on minority rights adopted in 1992. The broader framework of the Declaration contained concepts and parameters for States to pursue actions aimed at protecting and promoting minority rights, as well as the rights of all citizens while safeguarding the integrity and sovereignty of the State concerned.

The Group provided an effective forum for a constructive dialogue towards possible solutions and modalities for standard setting on issues concerning minorities. There were several values and norms that could form a basis for that debate. Individuals' rights to dignity and an identity as well as promotion of tolerance and acceptance of greater diversity in society were some such concepts. Sri Lanka strongly believed in the right of the individual to enjoy human rights and fundamental freedoms under all circumstances without derogation.

PEKKA HUHTANIEMI (Finland) said minorities were particularly vulnerable to human rights violations during states of emergency. They could be either directly targeted or the State might not be able or willing to uphold a sufficient level of protection. While States might derogate temporarily from some human rights obligations during emergencies, there were rights from which no derogations were allowed under any circumstances. Recent developments in international law had further narrowed the gap caused by derogations. Although international human rights law was developing, much remained to be done to promote minority rights during conflicts. Flows of refugees were often products of human rights violations against minorities. In conflict prevention, improving the position of minorities was important, as many conflicts were rooted in ethnic conflict and persecution of minorities. But minority rights also needed attention under democratic conditions.

Protection and promotion of the rights of minorities was a fundamental human rights issue. Furthermore, the right to self-identification of persons constituting a minority was relevant. Finland believed in a broad definition of minorities -- they need not only be religious or linguistic groups but individuals or groups of individuals suffering from discrimination based on age, disability, work or sexual orientation.

PATRICK TARAN, of the International Labour Office (ILO), said that in the last couple of years, protection of the rights and dignity of migrants had finally been given its due as a central concern in world affairs. The 1990 UN Convention and the two ILO Conventions on migrant workers provided a complementary set of standards. They provided the normative underpinning for both national migration policy and international cooperation in the field of labour migration.

The protection of human rights, and in particular protection against discrimination on the basis of HIV status, was essential for the prevention of HIV/AIDS. The ILO also considered that HIV/AIDS should be recognized as a workplace issue. The ILO had been actively involved in preparations for the forthcoming first session of the United Nations Permanent Forum on Indigenous Issues and hoped that this event would pave the way towards the creation of a strong and effective mechanism for the benefit of the world's indigenous peoples.

DIARMUID MARTIN (the Holy See) said migration would inevitably become one of the characteristics of a globalized economy. There was therefore an urgent need to intensify and better coordinate reflections on the theme of migration on an international level. Many Governments, faced with changing migration challenges, were drawing up new legislative measures.

A forward-looking human rights framework on migration was needed, which could be used to inspire and evaluate such national legislation. A first precondition for a forward-looking human rights framework was that it be set within a positive image of migration. Legislation that was based primarily on control and repression of abuses -- dimensions that, without doubt, were necessary -- would never capture the concept of migration as an opportunity. Migration was an opportunity today, just as it had been for so many individuals and families in the past.

MURAD NAJAFOV (Azerbaijan) said that in Azerbaijan one person in eight had been driven away from his place of residence due to ethnic cleansing. This was a consequence of the occupation of Azerbaijani territory and the considerable reduction of aid. Refugees from third countries, such as Afghanistan were also a problem in this regard. Unfortunately, one minute and forty-five seconds was not enough to explain the situation fully, and there was therefore no point in saying anything more.

MURAT SUNGAR (Turkey) said the question of migrant workers continued to be one of the most complex human rights issues. Migrant workers were one of the groups most vulnerable to ill-treatment and discrimination. In addressing the question of migrants and migrant workers, policies of integration rather than assimilation should be pursued. Allowing them to participate in the political, economic, social and cultural life of the host country was a must for their integration.

It was of great importance that measures be taken to prevent discrimination against migrants and migrant workers. Turkey was deeply concerned at growing manifestations of acts of racism, racial discrimination, xenophobia and related intolerance against migrant workers and members of their families in different parts of the world and believed that a better focused and more consistent approach towards migrant workers was needed.

JALILA HOUMMANE (Morocco) said migration flows remained one of the major concerns of decision-makers at the national, regional and international levels. The issue was complex and needed social development, human rights and cooperation. Migration also called for global cooperation and understanding in order to promote legal economic migration and discourage illegal migration. The priority of Morocco in the matter was to put in place concrete initiatives to aid Moroccan communities living in Europe. Everyone should endeavour to improve the living conditions of those persons and to guarantee their right to freedom of movement. Family reunions, cultural preservation and non-discrimination should also be guaranteed, along with respect for all other human rights.

The terrible events of 11 September had created unhappy associations between Islam and terrorism. Although Morocco had unequivocally condemned any acts of terrorism, it remained concerned by the repercussions against Muslim migrant workers who were already victims of xenophobia.

AISHA AL-ADSANI (Kuwait) said the Kuwaiti Constitution affirmed that the State cared about its citizens, protected them from moral and physical negligence, and ensured aid in times of sickness or inability to work. It also provided social security services, social aid and medical care. This care, protection and other support was provided to all, including persons with disabilities who were really in need of human care more than others. Kuwaiti law defined disability rights, which included the right to medical treatment inside the State and abroad, the right to housing with special specifications, the right to be provided with access to rehabilitation centres and specialized institutions, the right to a doubled social allowance, and the right to obtain adequate tools and electronic instruments to promote job performance. Such tools and instruments were exempted from taxes or customs duties.

The services of the Supreme Court included issuing certificates of disability; increasing social allowance for children with disabilities; issuing disabled-persons identity cards for Kuwaitis and citizens of other Gulf States; providing facilitated marriage loans for married couples with disabilities; settling educational fees to help students with disabilities; and issuing social contributions to families of low income having children with disabilities.

HELENA MINA (Cyprus) said her country wished to bring the attention of the Commission to two important and historic cases decided by the European Court of Human Rights concerning displaced persons in Cyprus and the enclaved populations remaining in the occupied areas. These two cases added to the normative framework in the protection and the upholding of the human rights of displaced persons. In the case Titina Loizidou v Turkey (1996) the Court decided that Turkey was in violation of the applicant's right to use and enjoy her property arising from the forcible division of the island. In the case of Cyprus v Turkey (2001) the European Court of Human Rights had found Turkey responsible for mass violations of human rights and fundamental freedoms, including the right to one's home and property of displaced persons and the human rights of enclaved persons in the occupied area. Turkey had yet to comply with the judgements of the Court.

IAN GRUBB, of the World Health Organization (WHO), said WHO was operationalizing a human rights perspective. Giving voice to persons with disabilities in both high- and low-income countries, WHO had launched an international disabled people's day. Last year, a report called Rethinking Care had containing personal testimony from people with disabilities about health care and what should be done to improve their quality of life.

For WHO's work in the particular area of mental health 2001 was, indeed, a landmark year. Member States were called to establish mental health policies, programmes and legislation based on current knowledge and considerations regarding human rights, in consultation with all stakeholders in mental health. Underscoring those initiatives and others, WHO had one resounding message: end discrimination that undermines efforts to prevent and treat mental illness and put an end to the social isolation of people with mental disabilities.

HOLLA BACH TOBJI (Tunisia) stressed her country's attachment to human rights in general and to the rights of human rights defenders in particular. Tunisia also attached great importance to all mechanisms aiming to involve citizens in the promotion of human rights. Defenders of human rights were an important part of civil society and contributed not only to the State but to democracy.

Tunisia had shown its goodwill and cooperation during the mission to the country of the Special Representative on the subject. The Special Representative was thanked for the impartiality of his report. This impartiality had not been an easy task, since there had been actors in civil society who had attempted to take this mechanism of the Commission hostage in an effort to spread negative lies about Tunisia. It was dangerous to enter into the logic of politicization and Tunisia supported any effort for the unbiased promotion of human rights.

SAAD HUSSAIN (Iraq) said his country gave great attention to the issue of minorities. A legal and democratic framework to guarantee the rights of minorities had been laid. The fifth paragraph of the Iraqi Constitution stipulated, for example, that the Iraqi people consisted of two major Arab and Kurdish nationalities. The Constitution recognized the national rights of the Kurdish people and the rights of other minorities.

Despite the efforts exerted by the Government of Iraq, the question of minorities in Iraq had become a pretext for intervention in its internal affairs. By the end of the Gulf War, the United States and its ally the United Kingdom had imposed the two so-called no-fly zones in the north and south of Iraq without any legal basis under the pretext of protecting Kurds in the north and Shiites in the south. The UN Secretary-General had noted in his statement dated 19 November 2001 that he saw no reference in the Security Council resolutions permitting the establishment of these two zones, and that some countries had decided to establish them unilaterally.

JILLIAN DEMPSTER (New Zealand) said the promotion and protection of the rights of indigenous peoples had special significance for New Zealand, and it was an area in which the Government, together with the Maori, had played an active role. New Zealand was looking forward to the first meeting of the Permanent Forum on Indigenous Issues in May as a substantive outcome of the International Decade of the World's Indigenous People. It would be an important means for indigenous peoples to participate in the work of a UN body on the same basis as that of States.

To demonstrate its support, New Zealand had provided financial and technical assistance towards establishment of the Forum and it encouraged other States to make similar contributions. It was vital, however, that the Forum be allocated adequate regular budget funding to enable it to fulfil its mandate.

MILORAD SCEPANOVIC (Yugoslavia) said a law had been adopted on the protection of rights and freedoms of national minorities in the Federal Republic of Yugoslavia which, according to observations made by foreign officials, neighbouring countries and international organizations, represented one of the most liberal and comprehensive laws in Europe. The law guaranteed not only the relevant individual human rights, but also collective rights of members of national minorities. With a view to preserving their cultural and ethnic identity, the law envisaged the establishment of so-called national councils whose representatives would be included in the Federal Council for National Minorities, which would primarily serve to offer the Government advice on issues related to the promotion and protection of the rights of national minorities. For the first time, under this law, the Roma population in the Federal Republic of Yugoslavia had been guaranteed status as a national minority, and special affirmative measures had been envisaged to improve their situation.

With regard to one of the most important minority rights, to speak one's mother tongue publicly and privately, the law provided for members of minorities that compromised at least 2 per cent of the total population to address federal authorities in their mother tongue, and for federal officials who belonged to such minorities to address Parliament and other federal bodies in their mother tongues and receive replies in their local languages. It was time to implement this law, since the legal framework itself could not offer solutions to all problems. The Government would in this context continue its cooperation with the OSCE.

ROALD NAESS (Norway) said human rights defenders were at risk. Those who on a daily basis fought for the respect of human rights were putting themselves and their families in danger and were faced with threats, harassment and human rights violations. Human rights defenders continued to be at risk in all parts of the world and under diverse political systems.

Governments needed to increase their tolerance of criticism. Openness and dialogue with human rights groups was not a sign of weakness on the part of Governments. It was on the contrary a sign of strength and dynamics that might lead to the better promotion and protection of human rights. The concern that the fight against terrorism might be a pretext for human rights violations and put human rights defenders at even greater risk was also an issue that had been widely debated during the Commission.

EROS GASPERONI (San Marino) said his country rejected the application of capital punishment even for abhorrent crimes. As the international community was putting in place a strategy to fight terrorism, it was also the right time to refuse to impose capital punishment for terrorist acts. As the Secretary-General had said, security could not be restored by sacrificing human rights, and if attempts were made to do so, it would be a great victory for terrorists. Such violations also would be a defeat for democracy.

By respecting sovereign decisions and democratic choices, each State could establish its own penal system. However, the catalogue of crimes for which the death penalty could be inflicted should be reduced.

CARLO TROJAN, of the European Commission, said the European Commission was seeking to mainstream human rights considerations throughout its funding programmes and policy activities. Country Strategy Papers were being established which included human rights as a key element. Since 1994, the European Initiative for Democracy and Human Rights had tackled many human rights issues -- for example, the prevention of torture and the rehabilitation of torture victims. For the period 2002-2004, the Commission had moved focus to five key priorities: support for strengthening democratization, good governance and the rule of law; the abolition of the death penalty; support for the fight against torture and impunity; and for international tribunals and funds to combat racism, xenophobia and discrimination against minorities and indigenous peoples.

At a time when human rights principles were under a great deal of strain, it was important that the international community target its assistance as effectively as possible. That was the goal towards which the European Commission would aim with determination.

GEORGES MALEMPRE, of the United Nations Educational, Scientific and Cultural Organization (UNESCO), said UNESCO was committed to contributing to human rights education. Its Chairs on peace, human rights and democracy had contributed to the development of such education through research programmes and the production of teaching materials and its translation of those materials into different languages. UNESCO was also active in the area of bioethics. In 1997 UNESCO had adopted a Universal Declaration on the Human Genome and Human Rights. Two committees had been set up to guide the Organization's work in this area: the International Committee of Bioethics, which was made up of independent experts, and the Intergovernmental Committee of Bioethics, which was made up of representatives from Member States.

RACHEL BRETT, of the Association for the Prevention of Torture, speaking on behalf of a number of NGOs, said States should do their best to facilitate visits by the special procedures, since they had been established by resolutions of the Commission with mandates of worldwide applicability. Access to all States should therefore follow, since visits to assess problems and solutions first hand were part of their established methods of work. Governments did not always respond promptly to requests for visits from the special procedures. Extending a standing invitation addressed this problem and greatly facilitated the implementation of the mandates of the special procedures. States were urged to extend standing invitations for country visits to all thematic human rights mechanisms of the Commission.

ALESSANDRA AULA, of Fransiscans International, speaking on behalf of Anti-Slavery International, Caritas International, Dominicans for Justice and Peace, Trocaire, and the Irish Catholic Agency for World Development, said modern forms of slavery, such as forced labour, bonded labour, trafficking in persons and many of the worst forms of child labour, persisted on every continent of the world. The International Labour Office estimated that there were 80 million children in the last category alone. To ensure the effective elimination of bonded labour the Commission must join with other bodies within the United Nations system to support independent assessments of the extent of bonded labour in all countries where it had been reported. These surveys must provide breakdowns by gender, age and minority group so that the nature and scale of the problem could be established and regional action plans could be designed which would identify, release and rehabilitate those in debt bondage.

Action plans must also incorporate measures to reduce the number of people becoming bonded through increased labour inspections, public information campaigns and provision of rural credit. Monitoring systems must be set up to record how many bonded labourers were freed, the compensation paid, the number of convictions secured for using bonded labour, and the sentences given.

CHRIS CHAPMAN, of Minority Rights, said the situation of minorities was still grave. In addition to suffering from social and economic exclusion and violation of the full range of human rights, minorities were directly affected by violent conflict by a disproportionate degree. As past experience had shown, the existing mechanisms of the Commission had not been able to draw the attention of the UN Secretariat and Security Council effectively to the dangers of violent conflict engulfing minorities. The Secretariat's failure to act on information from a special procedure of the Commission had resulted in what had been referred to by the UN itself as the preventable genocide of 1994 in Rwanda. The Commission was urged to appoint a Special Representative of the Secretary-General on Minorities.

ELSA LE PENNEC, of the World Organization Against Torture, said it was necessary to have international protection for human rights defenders. The work done by Hina Jilani, the Special Representative of the Secretary-General on human rights defenders, had been exemplary. It was essential that the means she had to carry out her mandate should be strengthened. At the regional level, the creation of mechanisms for the protection of human rights defenders would contribute much. In all regions of the world, defenders continued to be confronted by unacceptable violations of their freedoms of expression, of association, and of the right to freedom of movement, and they were paying with their lives. In Asia, human rights defenders were working in the context of the application of national security laws which hampered their activities, particularly in Viet Nam, Nepal, Malaysia and India.

NATALIA LOPEZ, of the Colombian Commission of Jurists, highlighted the importance of the missions carried out by the Special Representative on internal displacement. One of the biggest problems in terms of internal displacement could be found in Colombia. Even though legislation had been created on this issue, the Government had not adopted any mechanisms to cope with the matter on the ground. This had led to an increase of internally displaced people in Colombia. The Commission was called upon to urge the Government to identify the most appropriate mechanisms for dealing with internally displaced persons and to ensure their implementation.

On the topic of human rights defenders, many NGO members and trade unionists had lost their lives in the defense of human rights. Impunity for these crimes meant that general respect for human rights was deteriorating. The Commission was called upon to act on this issue.

ANA LEURINDA, of All for Reparations and Emancipation, said Afro descendants had had their mother tongues, cultures and religions forcibly removed: hence their present loss of identity and the negation of their essence. They continued to suffer racial discrimination and lingering effects of slavery. Afro descendants had called for an official UN Working Group and recognition of Afro descendants throughout the American Region. Justice and the elimination of racial discrimination called for an examination of the entire cause-and-effect phenomenon stemming from the ongoing suffering of Afro descendants: the lingering effects of slavery. Afro descendants numbered approximately 250 million.

ROMAN SCHIBLI, of the, International Organization for the Development of Freedom of Education, urged the appointment of a Special Rapporteur for human rights education with a mandate to report on the realization of the right to human rights education and the difficulties encountered in the implementation of that right; to monitor country progress and make recommendations for the implementation of the goals set in the High Commissioner's mid-term evaluation of the Decade annexed to last year's resolution; to assist Governments in working out and adopting urgent plans of action wherever they did not exist; to explore the central nature of human rights education, reaffirming its empowerment dimension with regard to the promotion and implementation of all human rights; and to evaluate the cross-sectoral impact of human rights education on priorities set in the High Commissioner's mid-term report.

JOHN TAYLOR, of the International Association for Religious Freedom, said that in China tens of millions of men and women suffered because of religious intolerance and discrimination. Even though the Constitution stipulated that Chinese citizens enjoyed freedom of religion, the measures adopted by the Government strongly limited this freedom. There were millions of Chinese, some Christian and some members of other religions, who wished to exercise this right concretely, and to meet peacefully and freely without any interference on the part of the State, but that was not possible.

They were therefore obliged to meet in secrecy. The Chinese authorities exposed them to harsh repression. Many thousands had been imprisoned. A particularly violent campaign was currently being led in China against members of the Falun Gong a peaceful, spiritual movement which helped its members through physical exercise to cultivate truthfulness, compassion and forbearance. It had been reported that over 100,000 members of this movement had been arrested and 20,000 had been sent without trial to work camps. The international community could not remain silent in the face of such human rights violations.

ISABELLE HEYER, of Centre Europe - Tiers Monde, said the Constitutional reform on indigenous rights and culture adopted by the Mexican Congress a year ago was a complete denial of the rights of indigenous people in Mexico. The revised Constitution did not recognize indigenous people as subjects of law. One of its fundamental points was the non-recognition of the rights of indigenous people to collective use of natural resources. The National Indigenous Congress as well as the Congress of all Mexican States with large indigenous populations had rejected this reform. The Government's plan for indigenous people would essentially benefit multinational corporations. The scope of the projects envisaged under the plan posed a serious threat to the indigenous population of the region whose lands had become an object of greed. The provisions of the plan, which had been adopted without consultation with directly concerned indigenous people, violated ILO Convention 169, which had been ratified by Mexico.

TAHIR NASEEM MANHAS, of the Afro-Asian People's Solidarity Organization, said mass exoduses and displacements as a result of man-made calamities were tragic situations. They carried with them not one but many violations of human rights. Those with a definite agenda in Kashmir did not have an iota of care for the human rights of people living miserable lives along the Line of Control. Artillery directed against military targets might land anywhere and kill anybody. That intolerable situation had forced dwellers of the border areas to abandon their homes and become refugees in their own country. Since the Line of Control extended over a distance of about several hundred miles, there was a vast group of border dwellers adversely affected by the ongoing shelling.

THIERRY BONNET, of Agir Ensemble pour les Droits de l'Homme, expressed on behalf of the Bar Association of Lyon concern about threats, death threats and actual killing of people in the legal profession taking place in Mexico. The Inter-American Court had recommended that the Mexican Government take action concerning this flagrant violation of human rights. Unfortunately, this recommendation had remained a dead letter and the Government had done little to improve the situation. The Inter-American Commission had recommended that an investigation be relaunched in the face of new incidents. Mexico was a democratic country and had ratified several international human rights instruments and could not ignore the basic principles of the role of the legal profession, according to which the State was obliged to ensure the safety of lawyers. The Commission was urged to recommend to the Government of Mexico that it ensure the safety of lawyers and human rights defenders, and provide justice and reparations for the victims and the families of victims.

DARIA CAVE , of the Women's International League for Peace and Freedom, said indigenous people and civilians of African descent were particularly affected by massive internal displacements in Colombia. To a large extent, paramilitaries were carrying out this deliberate displacement policy with total impunity. The strategy was to chase the peasants and workers from the land that they had been tilling in order to extend further large land holdings and allow companies to explore and exploit the natural resources under the soil for ever larger profits for a few. It was no coincidence that the majority of displaced civilians had been chased from areas rich in natural resources -- oil, water, gold and other minerals. They found refuge in cities where little was done for them. They had no access to health services and proper sanitation facilities, the mortality rate among them and their children was high, and they lived in total poverty. Warnings given by human rights organizations of impending new incursions by the paramilitaries were ignored by the State and displacements were the result.

ANDREA COOMBER, of the South Asia Human Rights Documentation Centre, said the organization was concerned about the plight of the Bhutanese refugees in eastern Nepal. The issue of the return of the refugees to their homes in Bhutan in dignity and safety seemed to have fallen off the radar screen of the Commission. Bhutan and Nepal had done little to expedite the holding of the twelfth round of ministerial talks on the matter. It was evident that given Nepal's concern with its Maoist insurgency, Bhutan had found another opportunity for procrastination. While finding the time to meet with a prominent member of the ruling Nepalese Congress Party recently in Thimpu. the Bhutanese Government was at present hosting the leader of the opposition in Nepal. However, it did not seem to have the time or inclination to fix an early date for the next round of official ministerial talks.

RIYAZ PUNJABI, of the Himalayan Research and Cultural Foundation, said the protection of the rights of minorities had been a major concern of the United Nations General Assembly and the Economic and Social Council. In fact, the inclusion of minority groups, other than religious minorities, had enlarged the scope of minority rights and created the opportunity for evolving mechanisms to protect those rights. The principle underlying the promotion and protection of minority rights was to sustain and strengthen diversity in society. The basic impediment to the realization and promotion and protection of minority rights was non-recognition of diversity.

Minority rights had suffered immensely in societies where religious, linguistic and cultural uniformities were pursued as an objective of State policy. The Commission was urged to put pressure on States still pursuing the objective of setting up uniform religious and cultural orders to restore democracy based on pluralism and tolerance and thus enable minorities to enjoy their legal and human rights.

GIANFRANCO FATTORINI, of the Movement against Racism and for Friendship Amongst Peoples, said the Saharan people had been fighting for their independence for almost three decades. Morocco was urged to organize as soon as possible a referendum on the autonomy of the Western Sahara. The policy of settling Moroccan citizens in the region should be denounced, as that would tend to falsify the results of the future referendum. Morocco was also urged to respect freedom of expression and in particular freedom of the press throughout the territory. Both parties must respect humanitarian law and must exchange prisoners as soon as possible.

The Movement against Racism condemned the destructive effects of the military campaign carried out by Turkey against the social and economic structure of the Kurdish people. It also expressed disappointment at the fact that the Subcommission had not been able to develop a study on the human rights situation of the Roma.

MARGARET REYNOLDS, of the Australian Council for Overseas Aid, said States should continue assisting indigenous peoples. The Commonwealth nations had been helping indigenous peoples and had provided resources to that end. In Australia, the organization was doing its best to assist asylum-seekers who were living in camps. The High Commissioner for Human Rights should be commended for her efforts in giving attention to asylum-seekers who were at present living in camps.

JUAN CHAVEZ ALONZO, of Nord-Sud XXI, stressed the importance for the Commission to focus further attention on the situation in Chiapas, Mexico. As a result of the war there, there were more than 10,000 displaced people. They had received no compensation and no assistance; in fact there had been a decline in the help given to them. It was stressed that there was a lack of dialogue between the Government and indigenous peoples in the region which had resulted in the denial of the rights of Indian people. This was particularly telling in Government programmes on poverty, which were discriminatory, ignoring the rights of indigenous peoples. In fact transnational companies had more rights than indigenous peoples in the country. The Commission needed to act to ensure that the rights of indigenous peoples of Mexico were respected.

MUNAWAR HALEPOTA, of Interfaith International, said the Sindhis, like other indigenous peoples, had a strong bond and relationship with the land. Despite strong protests from the indigenous people of Sindh, Sindh was being totally deprived of its share of water from the Indus by the Punjabi bureaucracy and military rulers. Despite massive rallies and protests the Government of Pakistan continued to violate the socio-economic rights of Sindhis and all international treaties and agreements by constructing the Thal Canal and the Chashma Link Canal. Furthermore, the Government was adamant on the construction of Kala Bagh Dam and 32 other dams, despite strong opposition from indigenous nations. Construction of these canals and dams violated the international Indus Basin Treaty and would result in increased logging and salinity, severely affecting the agrarian economy of Sindh.

V.K GUPTA, of the European Union of Public Relations, said it was a paradox of present day international politics that the President of Pakistan on the one hand was in the process of holding a referendum to extend his rule and on the other did not allow formerly elected prime ministers to enter the country. Mrs. Benazir Bhutto had been able to visit New Delhi and give interviews on television about her ideas on resolving bilateral problems between India and Pakistan, but felt too unsafe to visit Pakistan. It was not unreasonable to say that any international agreement entered into by the unelected military Government of Pakistan would not have sanctity in law nor would it have the support of the people.

MILAND WAIDANDEY, of the World Federation of Trade Unions, said the terms minority and majority were interchangeable for those who might be a majority group in one context and find themselves a minority in another. This in itself must motivate all human beings to live without any considerations of race, faith, or place of origin. Unfortunately, it was a sad commentary on mankind that even today the world was unable to imbue itself with this basic ideal. Minority groups required an assurance that their unique characteristics would be respected and that they would be permitted to conduct their lives free from any kind of harassment or intolerance merely because they were different. The tendency on the part of many societies was to try to make minorities secure by a process of assimilation and integration. The intent might be positive but the reality was that such forced assimilation created fear, psychosis and a greater ghettoisation of minority groups.

TANYA LOKSHINA, of the International League for Human Rights, said that although the Russian Federation had ratified all the major international human rights treaties and the Russian Constitution and federal legislation prohibited discrimination on any grounds, the Russian State had not been effectively preventing the subjects of the federation from passing laws and administrative acts of a discriminatory nature. The most discriminated-against group in the Krasnodar region was the Meskhetian Turks. Other groups subjected to direct discrimination were Armenians, Azeri, Kurds, Hemshins, Georgians and refugees from Abkhazia. In the last few years, the situations of such groups had become particularly dire.

SONG HE SUK, of Liberation, said his group was concerned at reports of human rights abuses committed against minorities in Bangladesh. The minority Buddhist, Hindu and Christian communities in that country were suffering under a wave of Muslim fundamentalist-led violence that had resulted in the deaths of hundreds of people and the terror of communities who for no other reason than their religion found themselves being persecuted by groups who continued to conduct such diabolical acts with impunity. It was particularly tragic to hear of the death of a prominent Buddhist monk whose work with orphaned children had come to an abrupt halt in the early hours of 22 April 2002.

DAVID LITTMAN, of the Association for World Education, asked which country on any continent had suffered a 20-year civil war during which more than 2 million people had died and over 4.5 million had been displaced? Which Government had declared a jihad war against its own population? Which Government had been condemned by this Commission for condoning slavery and continued to be an accomplice? Which regime dared instruct a high-ranking official to publicly threaten a Special Rapporteur at the Commission? Which State could do all this yet still be elected, regionally, as a member of the Commission -- even as a Vice-Chairman last year? Two days after last week's resolution on Sudan, the Sudanese armed forces had launched a major offensive to capture the town of Gogrial. Further, 20,000 civilians had been displaced since that vote. The enslavement of women and children -- euphemistically called abduction -- continued unabated. This Commission had become a witness to the enslavement of black African Christians and Animists in a jihad war.

DAVID LITTMAN, of the World Union for Progressive Judaism, said that during the twentieth century thousands of Jews -- , women and children -- had been brutally massacred in Iraq, Syria, Egypt, Libya, Yemen and the Maghreb and in Palestine during the British mandate. About 700,000 refugees from Jewish communities of the Middle East and North Africa had been integrated into Israel, even while it was being threatened with annihilation by neighbouring Arab States. Roughly half of Israel's population of 5 million Jew was now composed of those refugees and their descendants. The transfer of populations on a large scale had been a constant characteristic of human history, particularly in the Islamic Orient. Deportations, expropriations and expulsions of Jews, Christians and other indigenous people were recurrent throughout history, Palestine included.

ANA LEURINDA, of the African Commission of Health and Human Rights Promoters, said when two groups or countries were engulfed in violence, a large number of people were made to bear the brunt. When border clashes between two countries assumed dangerous proportions, there was indiscriminate shelling from either side resulting in wanton destruction of precious human lives and also the destruction of livestock, crops and houses. People were forced to leave their homes and sought shelter far away to escape the wrath of the booming guns. The report of the Special Rapporteur on mass exoduses and displacements was a comprehensive document that dealt with various aspects of the issue. However, an important aspect that needed to be studied more deeply was the return and rehabilitation of such peoples.

ANDREAS PARASCHOS, of the International Federation for the Protection of the Rights of Ethnic, Religious, Linguistic and Other Minorities, stressed the importance that the Commission pay due attention to the gross violations of human rights committed in Cyprus by the Turkish occupying force. These violations were not only a result of the occupation but also due to the ensuing wave of Turkish settlers. Cypriots who had lived in the area were not allowed to return and were now displaced persons. The European Court had recognized the guilt of Turkey in this regard. Furthermore the Turkish occupying force was attempting to alter the ethnic, religious and national character of the area by maintaining and encouraging displacement. The Turkish occupying force had also attempted to silence the press through harassment and intimidation. The Commission had taken a strong stance against the Israeli occupation of the Palestinian territories, and it was hoped that the Commission would take an equally strong stance on the 28-year occupation of Cypriot territories by Turkey.

MARIETTE GRANGE, of the International Catholic Migration Commission, said the international community's growing awareness of the internal displacement issue was one of the unequivocal contributions that the Commission had made to the advancement of human rights over the past decade. Concern was felt that despite increasing coordination on the IDP crises, the response of the international community to specific situations of displacement remained ad hoc and focused on assistance. The return of displaced persons should be voluntary and sustainable. Hasty, quick-fix solutions and unrealistically tight deadlines might achieve short-term political gains but were breeding grounds for lasting social unrest, further human rights violations and continued human suffering.

RONALD BARNES, of the International Human Rights Association of American Minorities, said Muslims in Gujarat, India, had been treated barbarically. It was widely recognized that what Gujarat had witnessed was not a riot but a terrorist attack on Muslims followed by a systematic, planned massacre/pogrom. The Association drew attention to the situation of Muslim minorities in non-Muslim countries which had been affected by the tragic events of 11 September in New York. It joined the many countries and organizations world-wide in condemnation of the attacks on innocent civilians, and its expressed sympathy and condolence to the families of the victims.

MAQBOOL AHMAD, of the World Muslim Congress, drew the attention of the Commission to the State sponsored anti-Muslim pogrom which had started in the west Indian state of Gujarat, in which rioters belonging to the majority Hindu community, in their religious frenzy, and with the active support of the State machinery, including transparent police complicity, had so far massacred more than 2,000 Muslims in the most brutal manner. It was impossible to put into words the soul-shattering horrors visited upon Gujarat's Muslim minority. Due to the destruction of their means of livelihood , they now faced starvation, and due to the discriminatory treatment being meted out to them in hospitals, the wounded were facing death. It was with a sad and heavy heart that he was forced to bring to the attention of the Commission the persecution of a terrorized minority to whom the right to live as equal citizens was being denied.

GEORGE GORDEN LENNOX, of Reporters sans Frontieres International (RSF), said the security forces, who were supposed to protect civilians, were in many countries the main enemies of human rights campaigners. Journalists were treated as rebels simply because they exposed the abuses of security forces. Since the Commission's last meeting, RSF had recorded dozens of cases of journalists who had been killed, imprisoned, physically attacked, threatened or censored for having defended human rights in their articles. Their work made them true champions of human rights. RSF formally asked the Commission to condemn countries that deprived journalists of their rights to denounce human rights violations.

VANIDA THEPHSOUVANH, of the Transnational Radical Party, said that in Laos daily repression was being practised and each corner of the street was under surveillance by militia members. That silent repression represented a dramatic situation for the people. All press and broadcasting was controlled by the State and they only served the interests of the Government and the political party on power. It was prohibited to criticize the Government and the ruling party or friendly countries of the regime. On 26 October 1999, for example, a peaceful demonstration calling for democratic change and respect for fundamental human rights had been repressed and some demonstrators had been arrested.

DANIEL DEFAGO, of the International Movement of Apostolate in the Independent Social Milieu, said the organization had closely followed the attempts of the international community to promote economic, social and cultural rights. The organization had strongly supported the work in preparation for the Financing for Development Summit. Civil society was calling out for more justice. In 1996, the Secretary-General had called for a global campaign for the elimination of poverty. The Commission had to have noticed that there were only five years left to the deadline set and it was time to act. The organization associated itself with the conclusions of the Monterrey summit and appealed to the Commission to ensure that all across the world despair and violence were ended.



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