COMMISSION ON HUMAN RIGHTS HEARS FROM EXPERTS ON DISABILITY, HUMAN RESPONSIBILITIES, HAITI AND THE SUBCOMMISSION

Commission on Human Rights
58th session
23 April 2002
Afternoon



Opens Debate on Remaining Agenda Items



The Commission on Human Rights heard statements this afternoon from the Special Rapporteur for Social Development on Disability, the Chairperson of the Subcommission on the Promotion and Protection of Human Rights, the Special Rapporteur of the Subcommission on human rights and human responsibilities and the Independent Expert on the situation of human rights in Haiti.
The Commission also opened its debate on its remaining agenda items which concern specific groups and individuals, indigenous issues, the report of the Subcommission for the Promotion and Protection of Human Rights, the promotion and protection of human rights, effective functioning of human rights mechanisms, advisory services and technical cooperation in the field of human rights, and the rationalization of the work of the Commission.
A member of the Secretariat, reading out a statement on behalf of Bengt Lindqvist, Special Rapporteur for Social Development on Disability, said the Commission had been instrumental in bringing about the recognition that disability-related problems were a concern for the United Nations human rights system. However a period of capacity-building and the development of tools and structures was needed within the human rights monitoring system, as well as among States parties and non-governmental organizations.
David Weissbrodt, Chairperson of the Subcommission on the Promotion and Protection of Human Rights, said the Subcommission had just completed studies on globalization, terrorism, indigenous land rights and the rights of non-citizens. These were some of the more difficult and noteworthy issues facing the human rights community. It was stressed that the Subcommission had suffered considerably from the decrease of its session from four weeks to three weeks.
The Chairperson of the Commission, Krzysztof Jakubowski, in response to the above statement, said that the difficulties faced by the Subcommission affected the Commission and needed to be brought up with the Economic and Social Council (ECOSOC), particularly in terms of the distribution of time, and the timing of the Subcommission itself. In general it seemed more logical to hold the Subcommission before the Commission, both being held before ECOSOC. This would entail certain changes but it was worth considering.
Miguel Alfonso Martinez, the Special Rapporteur of the Subcommission on human rights and human responsibilities, said that he had been looking at the definition of human responsibility, since this notion had not been defined since the creation of the Universal Declaration on Human Rights. A historical look back was therefore necessary and States were urged to contribute with views on this subject. He would also shortly look at the constitutional provisions in Africa and Asia in terms of human responsibilities, as expressed in terms of morals and ethics.
Louis Joinet, Independent Expert on the situation of human rights in Haiti, said his first visit to the country would probably take place in September 2002, when he would meet with the Ministers concerned by his mandate, highly placed judicial authorities, United Nations agencies operating in the country as well as representatives of civil society.
The representative of Haiti, speaking as a concerned country, said that Haiti welcomed the appointment of the Independent Expert and assured Haiti's full cooperation. A stable political environment was the best possible foundation for the protection of human rights. Consequently, the authorities continued to multiply their gestures of goodwill to the opposition parties with a view to establishing a democratic environment.
Speaking this afternoon were the representatives of Chile (on behalf of the Group of Latin American Countries), Chile, Spain (on behalf of the European Union), Cuba, Pakistan, Austria, Guatemala, China, Algeria, Ecuador, Peru, Bahrain, Russian Federation, Mexico, Libya, India, Zambia, Argentina (on behalf of MERCOSUR, Bolivia and Chile), Canada (on behalf of Australia, Chile, New Zealand and Norway), Croatia, Syria, Cameroon, Czech Republic (on behalf of Bulgaria, Latvia, Lithuania, Poland, Romania, Slovakia, Slovenia, and Turkey), Switzerland, Singapore, Georgia, and Denmark (on behalf of the Nordic countries).
Representatives of the International Federation of Red Cross and Red Crescent Societies and the International Committee of the Red Cross also addressed the Commission.
The Commission will reconvene at 10 a.m. on Wednesday 24 April to continue its debate on the remaining agenda items of the session. It is also expected to elect members of the Subcommission on the Promotion and Protection of Human Rights.
Specific Groups and Individuals
Under this agenda item, the Commission has before it a series of reports.
There is a report of the Secretary-General on the Status of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (E/CN.4/2002/89), which notes among other things that 17 States have ratified or acceded to the Convention, and that it will enter into force when 20 States have done so. Another 12 States have signed the Convention, but such an action does not contribute to entry into force.
There is a report of the Secretary-General on violence against women migrant workers (E/CN.4/2002/90), which concludes, among other things, that although States and international and regional organizations reported on measures to address migration and assistance to migrants, trafficking in women and violence against women, few reported on specific measures to address the particular issue of violence against women migrant workers; that it is clear that more extensive information is needed on the topic; and that despite the link which exists between trafficking and immigration, the situation of women migrant workers should not be systematically assimilated to the violence which confronts women victims of trafficking. Therefore, the Special Rapporteur on human rights and migrants should consider the subject as an integral part of her mandate.
There is a report of the Secretary-General on the rights of persons belonging to national or ethnic, religious and linguistic minorities (E/CN.4/2002/91), which notes among its conclusions and recommendations that information from various sources indicates a growing response to the Commission's concerns relating to the need to improve cooperation for better protection of minority rights; that there is growing recognition that further measures are required to realize the Commission's recommendations for action, particularly in the event of Governments' requesting the provision of expertise on minority issues for the purposes of conflict prevention; that the Commission may wish to consider requesting the organization of a meeting between various human rights institutions and mechanisms from the regional, national and international levels to exchange best practices and lessons learned; and that the Commission may wish to consider the suggestions offered by the Subcommission on the Promotion and Protection of Human Rights of activities to be promoted during the tenth anniversary of the adoption of the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities.
An addendum to the report (Add.1) contains the text of replies to a note verbale sent to Member States and other organizations requesting information on better protection of the rights of minorities. A second addendum (Add.2) appends a reply to the note verbale from the Government of Madagascar.
There is a note by the High Commissioner for Human Rights transmitting the report of the International Seminar on Cooperation for the Better Protection of the Rights of Minorities (E/CN.4/2002/92), held from 1 to 5 September in Durban, South Africa, which notes among its conclusions and recommendations that in certain instances there has been abuse and perversion of the concept of minority protection; that marginalized minority groups require special measures and the issue of the "invisibility" of particular communities and groups and of their concerns must be addressed; that national human rights institutions, with the independent status required under the Paris principles, can act as a bridge between NGOs representing minorities and State entities; and that development must be understood and operationalized in ways that take fully into consideration the values and lifestyles of the minorities concerned.
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 states among other things that to fulfil its mandate satisfactorily in 2002, the Board of Trustees of the Fund estimates that about $ 400,000 will be needed.
There is a report of the Special Rapporteur on migrant workers (E/CN.4/2002/94) which focuses, according to its executive summary, on extreme forms of abuse to which migrants are subjected by trafficking in human beings; the consequences of trafficking for its victims; the impunity with which trafficking networks operate; the situation of some migrant women and unaccompanied minors and the experiences of many young women who emigrate to more developed societies and settle there because they do not encounter the patterns of discrimination and repression that they suffered at home; and the need to incorporate protection of human rights fully into migrant control policies. The report also has a chapter giving details on urgent appeals sent to Bahrain, Indonesia, Iran, Lebanon, Saudi Arabia, Spain, Tonga, Turkey, and the United States, and her communications through normal channels with Indonesia, Morocco and Spain.
An addendum (Add.1) reports on a 5 to 16 November 2001 mission of the Special Rapporteur to Ecuador, which highlights among other things the situation of members of the families of migrants who remain behind, weighed down by debt and exploited by moneylenders who impose usurious rates of interest; the psycho social effects of migration on places of origin, particularly the damage caused by family breakups and the abandonment of children and young people; the lack of opportunities for a large proportion of the population to provide their families with decent lives which leads to emigration; and the risks inherent in the illegal migration which often follows. Among the Special Rapporteur's recommendations are that the State's ability to address the needs of families left behind by migrants needs to be enhanced; and that the international community should provide support to Ecuador to promote and protect the human rights of migrants and their families.
There is a report of the Working Group on Minorities (E/CN.4/Sub.2/2001/22), a body established by the Subcommission on the Promotion and Protection of Human Rights, on its session of 14 to 18 May 2001, which has among its recommendations that Governments ratify the seven major treaties and provisions relating to individual petitions of relevance to protection of minority groups; that they consider providing the Working group with information relating to minorities; that the Commission on Human Rights consider appointing a Special Representative on minorities; and that it consider establishing a voluntary trust fund to help minority representatives participate in sessions of the working group.
And there is a report of the Working Group on Contemporary Forms of Slavery (E/CN.4/Sub.2/2001/30), a body established by the Subcommission on the Promotion and Protection of Human Rights, on its twenty-sixth session, which has among its recommendations that States should ratify or accede to relevant international instruments on abolition of slavery and prohibition of trafficking in persons; that Governments should take serious note that it is the existence of demand for sexual exploitation of women and children that perpetuates prostitution, and to take effective measures to punish those who purchase the sexual services of others; that the Governments should provide protection and assistance to victims that are based on humanitarian considerations and not contingent on their cooperation with the prosecution of their exploiters.

Report of the Subcommission on the Promotion and Protection of Human Rights
Under this agenda item, the Commission has before it the report of the Subcommission on the Promotion and Protection of Human Rights on its fifty-third session (E/CN.4/2002/2) which has, among other things, nine draft decisions recommended to the Commission for action, ranging in subject from indigenous populations to the rights of non-citizens to a request to the Commission to restore the fourth week of the annual session of the Subcommission, which has met over only three weeks in recent years. A second chapter of the report presents resolutions adopted by the Subcommission at its fifty-third session, on topics ranging from the effects of the working methods and activities of transnational corporations to liberalization in trade in services to globalization and its impact on the full enjoyment of human rights to traditional practices affecting the health of women and the girl child.
There is the report of the Chairman of the Subcommission on its fifty-third session (E/CN.4/2002/99) which describes studies undertaken by the Subcommission and reviews working mechanisms of the body, and makes two requests of the Commission: that the Commission act upon Subcommission requests for studies and other concrete measures at its informal meeting in September rather than waiting until its annual session the following April, thus avoiding the loss of almost an entire year before studies can begin or a delay of eight months before Experts nominated to carry them out find out they will not be doing so; and that the Commission restore the length of the Subcommission's annual session to its previous four weeks.
There is a note by the Secretary-General (E/CN.4/2002/100) which lists candidates for election to the Subcommission and gives biographical information in an annex. Two addenda (Add.1 and Add.2) give information on additional persons nominated.

Promotion and Protection of Human Rights
There is a report of the Secretary-General (E/CN.4/2002/101) which gives the status of ratification or accession to the two international covenants on human rights, listing States parties and those which have ratified the optional protocol of the International Covenant of Civil and Political Rights.
There is a report of the Secretary-General (E/CN.4/2002/102) on impunity summarizing replies received from Governments to notes verbale sent to them seeking information on the topic. An addendum (Add.1) contains further Government comments.
There is a report of the Secretary-General (E/CN.4/2002/103) on fundamental standards of humanity which has among its concluding remarks that there have been substantive developments in the process of clarifying certain uncertainties in the application of international human rights and international humanitarian law, and in identifying such fundamental standards at various levels; that the developments are a result of the interplay between different sources of law and practice, and different actors; and that important areas still await further consideration and clarification. An International Committee of the Red Cross study on customary rules of international law which is in its final stage of preparation will be a key element in this process, according to the report.
There is a report of the High Commissioner for Human Rights (E/CN.4/2002/104) on implementation of the Plan of Action of the United Nations Decade for Human Rights Education 1995-2004 which lists activities undertaken, among other things, to support national capacities for human rights education and to assist grass-roots human rights education initiatives.
There is a report of the Subcommission's Special Rapporteur on human rights and human responsibilities Miguel Alfonso Martinez (E/CN.4/2002/107) which covers methodological starting points and progress made in research, including opinions of Governments, non-governmental organizations, and the views of some leading subject specialists.
There is a note by the Secretariat (E/CN.4/2002/108) in response to a request that yearly information be provided on changes in law and practice concerning the death penalty, referring the Commission to quinquennial reports on capital punishment and implementation of the safeguards guaranteeing the rights of those facing the death penalty prepared under the auspices of the Centre for International Crime Prevention at the United Nations Office in Vienna.
There is a report of the joint OHCHR-UNEP seminar on human rights and the environment held on 16 January (E/CN.4/2002/WP.7) which states that among the conclusions of the seminar were that developments during the last decade indicate a close connection between protection of human rights and environmental protection in the context of sustainable development, as well as a growing interrelationship between the two, and that there should be a wider range of initiatives aimed at reinforcing the linkage between environmental protection and human rights.

Effective Functioning of Human Rights Mechanisms
Under this agenda item the Commission has before it several reports.
There is a report of the High Commissioner for Human Rights (E/CN.4/2002/115) on the composition of the staff of her Office, listing the nationalities of employees.
There is a report of the Secretary-General on national institutions for the promotion and protection of human rights (E/CN.4/2002/114) which summarizes cooperation between United Nations human rights treaty bodies and national institutions; between the Office of the High Commissioner for Human Rights and such institutions; the activities of national institutions, including such matters as regional meetings and information and education activities; and concluding, among other things, that with an ever-growing number of national institutions, it is important to encourage exchanges between them and United Nations human rights machinery and to facilitate activities to promote such exchanges.
There is a report of the Secretary-General on regional arrangements for the promotion and protection of human rights in the Asian and Pacific region (E/CN.4/2002/WP.3) which covers implementation of the two-year plan of action adopted at the eighth workshop on regional cooperation for the promotion and protection of human rights in the region; reviews events at the tenth workshop on the topic, and publishes, in an annex the conclusions of the tenth workshop.
There is a note by the Secretariat (E/CN.4/2002/112) listing publications containing the conclusions and recommendations of thematic procedures for human rights.
There is a report of the Secretary-General on effective implementation of international instruments on human rights, including reporting obligations under international instruments on human rights (E/CN.4/2002/110) which describes measures taken to ensure financing and adequate staff for treaty bodies; measures taken to ensure adequate information resources for them; assistance provided to States parties in regard to the preparation of reports; and publication of a revised manual on human rights reporting.

Advisory Services and Technical Cooperation in the Field of Human Rights
Under this agenda item, the Commission has before it a report of the Secretary-General on the role and achievements of the Office of the High Commissioner for Human Rights in assisting the Government and people of Cambodia in the promotion and protection of human rights (E/CN.4/2002/117) which describes, among other things, assistance provided by the Office to the Special Representative of the Secretary-General for human rights in Cambodia; the role played by the Office in aiding the Government and people of Cambodia; a summary of the memorandum of understanding reached between the Office and the Government; and discussions of preparations for Commune Council elections in the country.
There is a report of the Secretary-General on advisory services and technical cooperation (E/CN.4/2002/116) which summarizes the technical cooperation programme for 2001, including policy orientation; project identification, formulation, appraisal and approval; implementation modalities; project monitoring, evaluation and lessons learned; substantive areas covered; integration of a gender dimension and economic, social and cultural rights into the technical cooperation programme; and management, administration and financing.

Rationalization of the Work of the Commission
Under this agenda item the Commission has before it a note by the Secretariat (E/CN.4/2002/145) drawing attention to reports and the work programme of the Commission on Population and Development; and a note by the Secretariat (E/CN.4/2002/142) enclosing a letter from the President of the Economic and Social Council offering close support and liaison work to the Commission during its fifty-eighth session.

Presentation of Reports
A member of the Secretariat read out a statement by BENGT LINDQVIST, Special Rapporteur for Social Development on Disability, in which he said that the year 2002 was a year of great opportunities for the further advancement of the human rights of people with disabilities. Three major events within the UN system had been scheduled for this year. The first of those three events had already taken place. The second great event for advancing the issue of human rights and disability was the fifty-eighth session of the Commission. Through its resolutions on disability and human rights in 1996, 1998 and 2000, the Commission had been instrumental in bringing about the recognition that disability-related problems were a concern for the UN human rights system. A period of capacity-building and the development of tools and structures was needed within the human rights monitoring system, as well as among States parties and non-governmental organizations.
Mr. Lindqvist said that concerning his new position as Special Rapporteur on human rights and persons with disabilities, there was no doubt in his mind that such a position would be of extreme value. In December 2001, the General Assembly had decided to establish an Ad Hoc Committee to consider proposals for an integral and comprehensive international convention to protect and promote the rights and dignity of disabled people. That was, of course, a major event in the history of disability policy development. The elaboration of a convention should take place within the context of established UN human rights norms and standards.
DAVID WEISSBRODT, Chairperson of the Subcommission on the Promotion and Protection of Human Rights, said that it was extremely difficult to summarize in five minutes the activities of 26 individual experts, who not only had a highly substantive meeting of three weeks in the summer, but who also worked through four intersessional Working Groups on communications, contemporary forms of slavery, indigenous populations, and minorities, as well as pursuing throughout the year six studies which the Commission had approved in the past.
There was very little question that the Subcommission, which had presented or just completed studies, for example, on globalization, terrorism, indigenous land rights and the rights of non-citizens, dealt with some of the more difficult and noteworthy issues facing the human rights community. As the Commission had requested at its fifty-seventh session, the Subcommission also took the first concrete steps towards the establishment of the Social Forum which was scheduled to meet this summer. The Subcommission had suffered considerably from the decrease of its session from four weeks to three and had unanimously recommended that the Commission restore the fourth week of its session.
MIGUEL ALFONSO MARTINEZ, Special Rapporteur of the Subcommission on the Promotion and Protection of Human Rights on human rights and human responsibilities, said he was pleased to submit his preliminary report. The document had been available to the Commission in English and Spanish as of last Friday. It was hoped that there could be an exchange of views on this report. The report had been completed in two years which had called for a rather quick pace in its research work. It was a preliminary report and contained no recommendations or conclusions. Much had been achieved. Last year the Special Rapporteur had made available to the Commission the broad lines of research. During the past seven months, he had worked on several issues including the historical background of responsibilities of human rights. These responsibilities had not been defined since the creation of the Universal Declaration on Human Rights. In order to find a definition of human responsibility it had been necessary to go back to the Universal Declaration for analysis.
Mr. Alfonso Martinez said he had also explored what the Roman Catholic church had had to say about rights and obligations. The need for input on the definition of human responsibilities was stressed, and he would soon be sending out of a questionnaire so that States could forward their views on this topic. It was also necessary to look at the constitutional provisions in Africa and Asia in terms of human responsibilities, as expressed in terms of morals and ethics.
LOUIS JOINET, Independent Expert on the situation of human rights in Haiti, said he had only assumed his mandate recently and had already initiated his first contacts with the officials of the Permanent Mission of Haiti to the United Nations at Geneva. During that meeting, he had underlined the spirit in which he intended to accomplish his mission to Haiti; he had also shown his will to develop a spirit of cooperation and collaboration with the authorities of the country; and to hold a dialogue with the representatives of all sectors of the population. Within the context of his first visit to the country, which would probably take place in September 2002, he would meet with the ministers concerned by his mandate. He would also meet with the procurator general and other highly placed judicial authorities.
Mr. Joinet said that during his stay in Haiti, he would meet with the representatives of the different UN agencies operating in the country. He was also scheduled to meet with the various leaders of civil society. His second mission to the country was scheduled for December 2003.
FRITZNER GASPARD (Haiti), speaking as a concerned country, said that it welcomed the appointment of the Independent Expert on the human rights situation in Haiti. The Government assured that it would fully cooperate with the Independent Expert. Indeed, Haiti had always cooperated with the UN mechanisms and hoped that the appointment of the Independent Expert would contribute to relaunching the process of technical assistance to Haiti. Haiti was of the view that a stable political environment was the best possible foundation for the protection of human rights. Consequently, the authorities continued to multiply their gestures of goodwill to the opposition parties with a view to establishing a democratic environment. The Government counted on the cooperation of the UN system, especially of the High Commissioner for Human Rights, in order to develop national capacity and contribute to local initiatives.

Debate on All Remaining Agenda Items
JUAN ENRIQUE VEGA (Chile), speaking on behalf of the Group of Latin American and Caribbean Countries (GRULAC), said concerning the question of migrants that there had been extensive discussions on this most important issue. It was difficult to find one single country that was not part of this chain, either as a recipient country or a sending country. Often migrants found themselves in vulnerable positions and their human rights were often violated. It was a matter of urgency to support international agreements on the respect of the rights of migrants through national mechanisms. Migrants contributed significantly both to the economy and culture of the recipient country. The World Conference Against Racism in Durban must be a watershed and a benchmark in the efforts of protecting the human rights of migrants. There was a need for the adoption of national mechanisms, including education, to eliminate discrimination against migrant workers. It was also vital to strengthen the monitoring of violations of migrants' human rights.
Concerning persons of disability, it was stressed that the amount of people with disabilities was proportionally increased with problems such as poverty, land-mines, and armed conflict. The decision of the United Nations to draw up a convention to protect the human rights of persons with disabilities was encouraged. Concerning the work of the Commission, the last few weeks had shown that the difficulties faced were not only limited to time issues. There were also structural issues which affected the functioning of the Commission. One needed to protect and improve the international system, including the work of the Commission. It was time to tackle realities, and GRULAC was prepared to begin in-depth consideration of how to improve the work of the Commission.
ALEJANDRO SALINAS (Chile) said that the preliminary results of the study on human rights of disabled persons, carried out by the Office of the High Commissioner at the University of Galway of Ireland, had shown that approximately 600 million persons suffered from disability, and the majority lived in the developing countries. That figure showed the importance and the urgency in strengthening the rights of disabled persons within a globalized system which would promote and protect their human rights. The Government of Chile had fully supported resolution 56/168 of the General Assembly which had established the Ad Hoc Committee for the elaboration of an international convention on the protection and promotion of the human rights of persons with disabilities. Chile, through its Government, had reinforced its national policy on the protection of people with disabilities. Recently, Chile had ratified the Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities. It had also strengthened its legislative and juridical systems aimed at strengthening the protection and promotion of the human rights of persons with disabilities.
JOAQUIN PEREZ-VILLANUEVA Y TOVAR (Spain), speaking on behalf of the European Union (EU), said that the EU strongly condemned the persistence of contemporary forms of slavery including forced labour, bonded labour, trafficking in people, child labour, as well as the sale of children, child prostitution, child pornography, and the use of children in armed conflict. These shameful practices should not be tolerated. States had an obligation to prevent, investigate and punish these practices whether they were perpetrated by the State or private actors. But despite this, millions of people in many different parts of the world continued to be affected by this scourge.
Human rights defenders played a crucial role in the fight against violations of human rights. Their work continued to be decisive in a large number of areas, in particular concerning the fight against impunity and the defence of the most vulnerable groups. Sadly, the rights and freedoms of human rights defenders were often gravely threatened when they carried out their tasks and their families and friends were harassed. The EU expressed its concern at the fact that a climate of intimidation and oppression in certain countries encouraged impunity for perpetrators of human rights violations against human rights defenders. Human rights defenders were the conscience of society and the voice of victims and of all those whose rights were violated. The EU considered that strengthening national human rights capacities was decisive for any progress in the promotion and protection of human rights and it fully supported the programme established by the High Commissioner for Human Rights which was carrying out activities in more than fifty countries world-wide.
JORGE FERRER RODRIGUEZ (Cuba) said the delegation agreed with most of the points of the Special Rapporteur on Migrants. The United States had enforced its border controls to prevent the entry of migrants into the country. In fact, 1,800 nationals of Latin American countries had lost their lives between 1997 and 2001 as a direct or indirect consequence of such anti-immigrant repressive operations. In September 2000, Cuba had presented the United States Government with a proposal of an agreement to fight illegal migration and trafficking in persons. Since that date, the proposal had been reiterated three more times. The United States had not given a positive response yet.
The question of the fight against impunity for violators of human rights acquired the highest importance for the work of this body. The reality of the world was that those responsible for summary executions, torture, enforced disappearances and other cruel forms of violations of human rights, continued to be protected from punishment in many countries. Nevertheless, the question of the fight against impunity must not remain restricted to the question of the violations of civil and political rights. The perpetrators of grave economic, social and cultural rights must receive the same treatment. Concerning the rationalization of the work of the Commission, Cuba, together with the Like-Minded Group, had submitted to the consideration of the Commission an initiative aimed at the enhancement of the effectiveness of its working methods. This initiative was being submitted to consultations, and it was hoped it would be adopted with a general consensus.
MUNIR AKRAM (Pakistan) said that he would like to concentrate on a programme put in place in India against Muslims. Quoting a report of an Indian civil servant, he enumerated what he said were atrocities committed against Muslims in the Gujarat state of India. He raised cases of violent acts perpetrated against individuals, including children and women. The minority Muslims had been subjected to violence and killings. Mosques had been destroyed. Police tacitly supported the violence committed against Muslims and had not protected the victims. One could say that the violence that took place in March 2002 was state-sponsored. The massacre of Muslims in Gujarat could be compared to that of "Rwanda", and according to sources it was not less than any kind of massacre perpetrated in history. The security of Muslims in the Gujarat state was still not ensured.
GEORG MAUTNER-MARKHOF(Austria) said that the number of those who had been forced to flee or leave their homes but stayed within the borders of their State was still estimated to be roughly 25 million worldwide. There were situations of internal displacement in at least 45 countries, making it a crisis of global dimensions. It was mainly women and children who had to bear the brunt of displacement and who, in many cases, were exposed to violence and threats. Frequently, it was persons belonging to minorities who were particularly affected by conflicts and forced to leave their homes.
Whenever there was conflict, in all likelihood there was displacement too. The international community must address more efficiently other root causes for displacement such as grave human rights violations or extreme poverty. Unfortunately, the problem of internal displacement would not disappear in the near future. The international community should raise awareness of the sheer numbers and the needs of internally displaced persons and should strengthen the framework for their protection. The Commission had a central role when it came to addressing the rights of millions of displaced persons.
ANTONIO ARENALES FORNO (Guatemala) said that regrettably human rights instruments were often used to justify violations against individuals and vulnerable groups. Those who perpetrated these crimes often used the excuse of domestic laws or customs as an excuse. Those who invoked these provisions had ratified international agreements and still persisted in their discriminatory practices, turning them into domestic legal norms. Discrimination and violence against women was as reprehensible as racism. Where did one find the human right to be human, elderly, black, white, woman or man? All people were entitled to equal treatment by the law. It was time that the Commission ceased to be tolerant of discriminatory practices using the unacceptable excuse of domestic laws and customs. It was necessary to criminalize such practises and to punish the perpetrators of such discrimination, whether it be discrimination of men, women, religious minorities or people of different religions or sexual orientations.
SHA ZUKANG (China) said that there were almost 200 countries in the world and over 2,500 ethnic groups. They might differ from each other in size but not in their inherent qualities. In fact, they were all equal members of the human family and had each contributed in their own way to the development of human civilization. As such, they deserved equal respect. Equality and mutual respect were not only the basis of dialogue and cooperation among nations but also the precondition for the promotion and protection of the rights of ethnic minorities. All countries should seek dialogue and cooperation on the basis of equality and mutual respect as a way to exchange and share their experiences in protecting the rights of national minorities.
China was a unified multi-ethnic country. Its national minorities enjoyed equal civil rights as the Han majority. Moreover, they were entitled to special rights under the Constitution and relevant laws. The Chinese Government was pursuing two policy objectives in Tibet: economic development to raise the living standards of the people in that region, preserving its distinct religion, culture and ethnic characters. The overall picture of Tibet today was that of social progress, ethnic unity, peace and tranquillity. "Let facts speak for themselves."
LAZHAR SOUALEM (Algeria) said that the situation of specific groups and individuals remained precarious and fragile in many respects. The documents and reports submitted to the Commission, in particular by Special Rapporteurs, illustrated the scope of the problem through the cases of migrants, displaced persons, victims of AIDS and disabled persons. The principles of human rights were supreme and intrinsically linked to the causes and effects of marginalization and human exploitation, especially that of the most vulnerable groups: women and children. The events of 11 September had further complicated the question of the integration of migrant communities, the precarious situation of illegal migrants and the circulation of persons. Their consequences were so profound and multifaceted that they could not be assessed at present. The question was how to correct the distortion of the perception of a foreigner, perception that was followed by discriminatory practices.
ALFREDO PINOARGOTE (Ecuador) reiterated the importance of ensuring the human rights of migrants as they faced several difficulties. One of the worst difficulty suffered by migrant workers and their families was trafficking. Trafficking called for the special attention of the international community and the Commission on Human Rights. Racial discrimination and xenophobia were also commonplace sufferings of migrants and their families. The World Conference against Racism had provided some important guidelines in this context. The Special Rapporteur on migrant workers had provided particularly pertinent observations on the difficulties faced by migrant workers and their families and Ecuador stressed the importance of the Special Rapporteurs to the Commission. Ecuador had ratified the International Convention on Migrants and their Families and hoped that the 20 ratifications would soon be achieved so that this instrument could be incorporated amongst other international standards on human rights.
ELIANA BERAUN ESCUDERO (Peru) said that for her country, the protection of the human rights of migrants and their families was highly important. Trans-boundary migration had a number of causes and millions of human beings were living in such conditions. Those migrants, the majority of them living in illegal situations, were confronted with a reality in which their fundamental rights were less respected. The Convention on Migrant Workers and their Families constituted an instrument in which States had the obligation to respect the rights of those persons. Peru had supported the recommendations of the Special Rapporteur on the human rights of migrants.
ALI ALSISI (Bahrain) said that national programmes and laws played a major role in the promotion of the disabled in many countries. However, the efforts undertaken by the international community to integrate disabled persons into society remained insufficient. Over the past 30 years Bahrain had promulgated and amended laws relating to the protection of the disabled in order to ensure that they did not suffer any form of discrimination. Bahrain had also promulgated policies and legislation in favour of the mentally handicapped. However, there was a need to strengthen the implementation of these laws. A number of special centres had been set up to provide disabled persons with career opportunities and to enable them to become independent. The integration of the disabled was a high priority in Bahrain and the Government provided particular incentives to enterprises that hired disabled persons. Bahrain commended the efforts of the Commission to promote the rights of disabled persons.
ALEXANDER GUSSEV (the Russian Federation) said that his country considered it its duty to speak today on the protection of vulnerable groups, including minorities and indigenous peoples. The Special Rapporteur's work must complement the Permanent Forum in this regard. One of the recent examples of the violation of minority rights had happened in Riga. Unfortunately, the closing of the OSCE mission in Riga had made the Government believe that it was beyond reproach. There had been several reports from Latvia that the Government was not implementing international standards with regards to the Russian language speaking minorities. Latvian legislation needed to be brought into line.
Furthermore, in 2001, the number of those receiving Latvian citizenships had been severely cut. The Russian Federation wanted to keep good relations with the international community and its neighbours. However, the Russian Federation would not move away from the principle of protecting minority rights. The efforts of the regional institutes in attempting to halt Latvian discrimination were welcome. However, it was necessary to step up action and develop an integrated approach. The situation of Latvian Russian language speakers called for concern and Latvia continued to ignore recommendations. A number of laws in Latvia infringed upon the human rights of minority groups such as the laws concerning radio and television. It would be appropriate to encourage the Latvian Government to adopt national legislation that protected the human rights of all its citizens. The international community needed to convince Latvia to follow generally recognized standards on human rights.
ARTURO HERNANDEZ BASAVE (Mexico) said that his country had taken a series of measures towards human rights issues. The State was also aiming to correct any mishaps in that regard. It had also taken a number of measures to strengthen its democratic process; additional measures were also taken to rectify past mistakes; and in order to protect the rights of human rights defenders in Mexico, the Government had taken preventive steps. An independent system of investigation had been put in place to protect human rights defenders. The right to freedom of expression had also been strengthened. On a different matter, Mexico believed that migrants workers contributed to the development of any host country and the country of origin. Measures taken to restrict migration had a large impact on the human rights of migrant workers and against the economic development of the country. In addition, 10 per cent of the world's population was suffering from physical or mental disability. The economic and social integration of those persons had to be considered urgently by the international community.
HUSNIYA M. MARKUS (the Libyan Arab Jamahiriya) said that Libya was one of the first States to care for disabled persons. Indeed, it was Libya which proposed that the General Assembly declare 1981 as a year for the disabled. Libya urged all States to comply with UN human rights instruments in relation with the disabled and urged the Special Rapporteur to take into account the needs of the disabled. The World Assembly, which was scheduled to be held in Japan, provided another opportunity to ensure equal opportunities for the disabled. The indiscriminate use of anti-personal mines in Libya had led to many disabilities and Libya urged the international community to cooperate to remove those mines.
SHARAT SABHARWAL (India) said Pakistan's inability to deal with its identity as a State, a military dictatorship, had led to unpleasant accusations already witnessed twice during the day. However, credibility had never been a big issue in Pakistan. The very acts that India had been accused of were common in Pakistan. The Indian Government believed that the killing of an innocent person, irrespective of his or her religion, was a reprehensible act. Pakistan had perpetrated several killings, including of people praying. Suffice it to say that Pakistan's actions were fit for the investigation of an international tribunal. Even the military leadership of Pakistan had recognized that religious extremists were to blame for the killing of people on the basis of their religious beliefs. In recognizing this fact, the Pakistani Government had failed to recognize that these extremist groups had been financed and supported by the Government.
BONAVENTURE BOWA (Zambia) said that much had not been achieved in terms of solutions to the problems of violations of human rights, persecution, political and ethnic conflicts, famine and economic insecurity, poverty and generalized violence which were some of the root causes of mass exoduses and population displacement. The recent reports of sexual exploitation of young refugees in West Africa had brought into sharper focus the need to ensure respect and protection of human rights of all refugees. More attention should be paid to the special needs of women and children, who were most vulnerable and usually constituted the majority of refugees and displaced persons. Women and girls needed to be protected from gender-based discrimination and gender-specific violations of human rights.
As a country that had hosted refugees for many years, Zambia appreciated the importance of international support to countries hosting refugees, most of which were poor developing countries. Zambia was host to over 280,000 refugees. It had only managed that enormous task with the support of the international community, such as the donor community and UNHCR.
HORACIO SOLARI (Argentina), speaking on behalf of MERCOSUR, Bolivia and Chile, said that they considered technical assistance programmes in the field of human rights as fundamental for the promotion and protection of human rights and for the prevention of violations. The number of technical cooperation activities had increased steadily since the Conference of Vienna, covering important issues such as the training of security forces and magistrates, legal reforms, human rights education, support for national institutions, the preparation of national programmes on human rights and support for vulnerable groups. Within this framework, the countries of MERCOSUR, Bolivia and Chile, held between 22 and 25 October 2001 a workshop on the application of international human rights norms by national courts and tribunals. The workshop was the first undertaking of the kind and was attended by members of the executive, legislative and judicial branches. The decisions adopted would contribute to the effective protection of human rights and provide remedies for violations. Participants in the workshop also underlined the link between democracy and the full respect for human rights and the need to ratify international and regional monitoring instruments.
MARIE GERVAIS-VIDRICAIRE (Canada), speaking on behalf of Australia, Chile, New Zealand and Norway, said the treaty body system was central to the United Nations' efforts to ensure universal respect for and enjoyment of fundamental human rights. It needed and deserved the strong support of all States. As highlighted in the draft resolution presented by Canada entitled "Effective Implementation of International Instruments on Human Rights", the most serious problems facing the treaty body system were: the backlog and delays in consideration of periodic reports and communications by the treaty bodies; overdue reports or non-reporting by States; and the lack of adequate resources to service the treaty bodies. Canada encouraged a partnership approach between the key stakeholders in this process - States, treaty bodies and the Office of the High Commissioner.
Practical steps could be taken to help bring about significant improvements in the short-to-medium terms such as streamlining periodic reporting requirements; the improvement of efficiency of working methods; ensuring that the treaty bodies were given proper resources to do their work; the expansion and better coordination of technical assistance by States and multilateral agencies; and greater cooperation among the treaty bodies themselves. It was also reiterated that, in seeking to encourage early and practical action to improve the function of the treaty body system, it was necessary to ensure its continuing effectiveness as a cornerstone of the international community's framework for protecting and promoting fundamental human rights.
SPOMENKA CEK (Croatia) drew attention to the fact that her country, together with the High Commissioner for Human Rights and the European Commission, had organized the International Conference on Human Rights and Democratization in Dubrovnik in October 2001. The aim of the Conference was to review regional cooperation in the field of human rights, among the Governments of the region as well as with the UN and key regional organizations. It was also aimed at identifying possible areas suitable for technical cooperation in Europe, Central Asia and the Caucasus. The Conference had gathered the representatives of the Governments from the region, and also representatives of the regional organizations that included the promotion and protection of human rights in their agenda.
Croatia believed that the results of the Conference could contribute to the process of better and more consistent exchange of views and cooperation among the international organizations in the field of human rights. The Conference recognized that the dialogue and various forms of cooperation were growing between the United Nations and the regional intergovernmental organizations in Europe.
FAYSAL KHABBAZ-HAMOUI (Syria) said that his country was concerned about the conduct of business in the present session. The adoption of austerity measures had prevented States and non-governmental organizations from expressing their views on basic concerns. The present session had witnessed interventions by those who claimed to be human rights defenders but in fact the defence of human rights was the least of their worries. Their intervention was aimed at slandering other religions and societies. This undermined their credibility and wasted valuable time. Everyone saw how they turned a blind eye to flagrant violations committed in the occupied territories by Israel and how they even justified the actions by the Israeli occupying authorities. The Western Group must respect and apply the principles of transparency and impartiality and reject double standards. It was hoped that future sessions would not see these abuses.
NESTOR NDOUMBA ELOUNGOU (Cameroon) said concerning the entitlement to education in human rights that such education was the best manner to form values and to combat racism, xenophobia and discrimination. It was stressed that human rights education consolidated an enabling environment for social development. The United Nations Decade of Education and Human Rights was important and it was regrettable that resources were missing in this regard. Cameroon had a great interest in human rights education and had contributed financially to the work of the Office of the High Commissioner in this regard. It was hoped that the Office could strengthen its human rights education work, so that more countries and people could be reached. Cameroon appealed to the international community to support all activities towards the increase in human rights education, including an initiative in Yaounde, Cameroon.
ALEXANDER SLABY (the Czech Republic), also speaking on behalf of Bulgaria, Latvia, Lithuania, Poland, Romania, Slovakia and Slovenia, said that the importance during the last decade of national human rights institutions, established according to the Paris Principles, working together for the maintenance and further realisation of human rights in different fora, had become evident. This year marked ten years since the Paris Principles were approved. The important factor in the promotion of the establishment of national institutions was an exchange of expertise between countries with already existing national institutions and those without them, aimed at providing assistance. Emphasis should be made on the education and training of national experts in the field of human rights and on the mutual cooperation of national institutions, including the exchange of information in the areas of common interest. National institutions could play a role in the implementation of international human rights treaties and human rights standards, elimination of all forms of discrimination, as well as in promoting and ensuring the indivisibility and interdependence of all human rights.
FRANCOIS NORDMANN (Switzerland) said that it placed great hope on the Permanent Forum on Indigenous Issues and urged the Commission to adopt a declaration on the rights of indigenous peoples by 2004 at the latest. Switzerland also called on the High Commissioner for Human Rights to undertake a study on situations involving minorities. The Guiding Principles on Internal Displacement represented a vital standard for addressing the needs of the 25 million displaced persons. Switzerland also welcomed the progress in identifying fundamental principles of humanity. Human rights defenders had an important role to play and their treatment revealed the will of any State to protect human rights. Switzerland underscored the importance of Special Rapporteurs and thematic mechanisms in promoting human rights and expressed its support for the work of Subcommission on the Promotion and Protection of Human Rights.
VANU GOPALA MENON (Singapore) said the question of the death penalty had been debated at great lengths in various fora. The resolutions of the Commission had never been adopted by an overwhelming majority. Therefore the real debate was not about the merits or demerits of the death penalty. The real debate was a larger question: did a group of countries have the right to insist that all others must abolish the death penalty. Should one allow some countries to bludgeon others into accepting their viewpoint without taking into account the diverse cultural, social and religious sensitivities of others? To Singapore, the answers were a clear "NO". Previously, several countries of the European Union had applied the death penalty. But now, when they had decided to abolish it because they felt it was a human rights violation, they expected everyone to immediately follow suit.
Was it explicitly clear from existing international law that the death penalty was a violation of human rights? The Universal Declaration and the various international covenants on human rights had all been drafted by mortals. The implementation and interpretation of the international law on human rights were therefore unavoidably political. Clearly, there was no universal consensus on whether the death penalty was a violation of human rights. How could one abolish capital punishment without abolishing murders and other serious crimes. The Commission must be responsive to human rights imperatives, but must not become a forum for some States to try to impose their notion of human rights on others.
AMIRAN KAVADZE (Georgia) said that unresolved conflicts and forcible displacement remained Georgia's most acute problem. As a result of the campaign of genocide and ethnic cleansing conducted by Abkhaz separatists with external military support, many civilians -- predominantly of Georgian origin -- had been killed and more than 300,000 were forcibly displaced. Ignoring Georgian legislation, which did not recognize the double citizenship in Georgia, the Russian Federation had granted citizenship to 50,000 residents of Abkhazia, to almost one third of the population currently living in the province, mainly ethnic Abkhaz and Russians. Moreover, the separatist regime and its instigators were doing everything they could to consolidate demographic changes and to create conditions which would make the process of expulsion of ethnic Georgians from their homeland irreversible.
JENS LUND (Denmark), speaking on behalf of the Nordic countries, said that in the disability movement there was consensus on seeing disability as a human rights issue and a convention on the rights of persons with disabilities as the best instrument to enhance the protection of the human rights of disabled people. The Nordic countries shared this view. The Nordic countries welcomed General Assembly resolution 56/168 of December 2001 establishing an Ad Hoc Committee to consider proposals for a convention. The convention must be built on the World Programme of Action concerning Disabled People and the UN Standard Rules on the Equalization of Opportunities for Person with Disabilities. In the coming work of the Ad Hoc Committee, it must avoid duplication and any risk of weakening existing human rights instruments. A convention that was aimed to ensure protection of the rights of persons with disabilities and thus guarantee equal opportunities should include an anti-discrimination clause, which also regulated the burden of proof. It was also important to address the issue of multiple discrimination.
ROBBIE THOMSON, of the International Federation of Red Cross and Red Crescent Societies, said the Federation had been addressing the needs and vulnerabilities of displaced populations for many years. As a Movement, the Federation was not primarily interested in the specific legal status of an individual, but based interventions solely on the needs and vulnerability of that individual. The Federation was also increasingly concerned for the growing number of those who were obliged to move as a result of the circumstances in which they lived. This frequently involved violations of, or serious shortcomings, in their economic and social rights. The cities to which they fled were invariably ill equipped and did not have the infrastructure to support these ever increasing influxes and required innovative and specifically designed programmes to alleviate needs and vulnerabilities.
The Federation had also developed and was continuing to develop programmes to assist vulnerable migrants as well as to promote tolerance and advocate for fair and humane policies in receiving countries.
OLIVIER COUTAU, of the International Committee of the Red Cross, said that the report on sexual violence and exploitation in refugee camps in West Africa was shocking. The Committee was shocked by the recent allegations of sexual exploitation in refugee camps in West Africa. Though the ICRC itself was not implicated in that affair, it was not more immune than other organizations from misconduct of its delegates. It believed that it was crucial to reexamine the rules of conduct of its staff on assignment. Turning to the issue of terrorism, and the strain which the tragic events of 11 September and their aftermath had put on international law and the repercussions on already vulnerable populations, it was essential that renewed efforts to combat terrorism would not undermine existing international law and the protection it afforded to vulnerable individuals.


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