COMMISSION ON HUMAN RIGHTS HEARS INDEPENDENT EXPERTS EXPRESS CONCERN ABOUT HUMAN RIGHTS IN HAITI, SOMALIA

Commission on Human Rights
59th session
17 April 2003
Morning



General Debate Continues on Specific Groups and Individuals,
the Effective Functioning of Human Rights Mechanisms, Other Agenda Items



The Commission on Human Rights this morning heard statements from its Experts on the situation of human rights in Haiti and Somalia before continuing its general debate on specific groups and individuals, the effective functioning of human rights mechanisms, and other remaining agenda items.

Louis Joinet, Independent Expert on the situation of human rights in Haiti, said, among other things, that the human rights situation in Haiti was deteriorating. Human rights defenders, journalists, political opponents, judges and magistrates were persecuted; arrests, illegal detentions of political activists, cases of police brutality and intimidation had been widely documented; and the prevailing atmosphere in the country was one of insecurity.

Speaking as a concerned country, a Representative of Haiti said that a democratization process of the political life in his country was underway. A number of reforms had also been undertaken to restructure the national police and the judiciary. Some of the reforms had not been implemented because of a lack of resources and a lack of a democratic culture on the part of numerous political actors. Furthermore, for the past two years, international aid for development had been blocked, which had increased the difficulties faced by the Government.

A member of the Secretariat read out a statement on behalf of Ghanim Alnajjar, the Independent Expert on human rights in Somalia, saying, among other things, that trends in the protection and observance of human rights were very uneven among the various regions of Somalia, ranging from recurrent violence and volatility to relative peace. Somalia remained without a central government. This environment had taken its toll through a myriad of human rights violations, including the violations of the right to life with close to five hundred deaths due to faction-based or inter-clan conflict in 2002. Violence against women and girls was reportedly not uncommon in Somalia, particularly in displaced persons’ camps and against women and girls of rival clans and those of minority groups

Several State Representatives then took the floor to call for a reform and review of the system of reporting to human rights treaty bodies in order to make it less burdensome and more effective. They apprised the Commission of national measures to promote the rights of specific groups and individuals. Many Representatives of non-governmental organizations (NGOs) expressed concern at the plight of migrant workers, displaced persons, asylum seekers and refugees, noting that national security concerns in the wake of 11 September had intensified the anti-immigrant and anti-foreigner climate in numerous countries, leading to violations of the most basic human rights.

Representatives of the following States took the floor: Poland, Latvia, Serbia and Montenegro, Azerbaijan, Holy See, Kuwait, Tunisia, Liechtenstein, Slovenia, European Union, Equatorial Guinea, Eritrea, Hungary, Netherlands, Belarus, and Jordan.

Representatives of the following international organizations also delivered statements: International Federation of Red Cross and Red Crescent Societies, World Health Organization, and United Nations Educational Scientific and Cultural Organization.

The following non-governmental organizations (NGOs) addressed the Commission: Friends World Committee for Consultations (Quakers), Baha’i International Community, North-South XXI, Franciscans International, Socialist International Women, All India Women’s Conference, Coordination Board of Jewish Organizations, Netherlands Organization for International Development Cooperation, International Confederation of Free Trade Unions, Canadian Council of Churches, Human Rights Advocates, African Society of International and Comparative Law, Indian Movement Tupaj Amaru, Migrant Rights, World Union for Progressive Judaism, Transnational Radical Party, International Catholic Migration Commission, Afro-Asian Peoples Solidarity Organization, Federacion de Asociaciones de Defensa y Promocion de Derechos Humanos, Nuclear Age Peace Foundation, World Peace Council, World Alliance of Reformed Churches, A Woman’s Voice International, and World Alliance of Reformed Churches.

Representatives of Armenia and Azerbaijan spoke in exercise of the right of reply.

The Commission will reconvene at 3 p.m. to continue to take action on remaining draft resolutions under its agenda items 9 and 10 on the question of the violation of human rights and fundamental freedoms in any part of the world, and economic, social and cultural rights. If time permits, the Commission will also start to take action on draft resolutions under agenda items 11, 12 and 13 on civil and political rights, the integration of the human rights of women and the gender perspective, and the rights of the child.


Statement by the Independent Expert on Human Rights in Haiti

LOUIS JOINET, Independent Expert on the situation of human rights in Haiti, said that information he had gathered on the ground confirmed that the situation of human rights in Haiti was deteriorating. Among victims of persecution were human rights defenders, journalists, political opponents, judges and magistrates. Several embassies had indicated that they faced increasing number of requests for asylum. The human right situation was aggravated by an atmosphere of insecurity, particularly in rural areas. Arrests, illegal detentions of political activists, police brutality and cases of intimidation had been widely publicized. Judges had been subjected to attacks and aggression. Some had gone into exile.


Response by Haiti as a Concerned Country

ETZER CARLES (Haiti) said that the report of the Independent Expert lacked a certain precision on some essential points which had led to an imperfect perception of the situation. Since 1991, a democratization process of the political life had been undertaken, except for its interruption from 1991 to 1994 by a military coup d’état. After the coup, the democratization process had continued with all the difficulties encountered as mentioned by the report. The process had been marked by the presence of a number of political parties, trade unions, independent civil associations and free press. The Government had undertaken a structural reform as provided by the 1987 Constitution. Although the hope for a better situation was there, some of the reforms were not fulfilled because of a lack of resources, and a weakness had been seen in the strengthening of the police and the judiciary. Some of the weaknesses in the process were attributed to the insufficiency of the democratic culture of the numerous political actors.

The deployment of efforts was important to overcome the problems faced by Haiti, and to advance the situation; however, for two years now, international aid for development had been blocked, which had increased the difficulties of the Government in that field. Since the report was submitted, Haiti had resolved the problem of reparation relating to the 17 December 2001 coup d’état and the Government had distributed 73 million gourdes to different political parties which were affected. A number of reforms had also been undertaken to structure the national police and the judiciary. The Government was always happy to welcome all United Nations missions on human rights on its soil. Among the Expert’s recommendations, the Government expressed a reserve concerning its advocacy in the short term for the strengthening of non-governmental organizations working in the field of human rights, to the detriment of State institutions.


Interactive Debate on Situation in Haiti

The Representative of Greece, speaking on behalf of the European Union, referred to the situation of magistrates and the judiciary in Haiti. What steps had been taken to combat impunity and what steps ought to be taken?

Responding, Louis Joinet, the Independent Expert on the situation of human rights in Haiti, said that he had noted the positive steps of distributed compensation for the victims of the events in December 2001. This move had been in response to the concerns expressed by public opinion in Haiti. It had also been confirmed by the Minister of Justice that steps that been taken to hunt down and arrest the person responsible. This was a step to end impunity. The intent must be to have a system of assistance with regards to impunity, in cooperation of civil society and governmental bodies, which could point out when things went wrong and the Government needed to act.

In response to the question raised by the delegation of Greece, on behalf of the European Union, Mr. Joinet said there was a clear relationship between the administration of justice and the battle against impunity. The Commission was informed that a school had been established to provide training for judges and legal experts in order to fight corruption within the judiciary. The results were very encouraging. Groups of judges had been qualified and were now applying their training in the field. Collective thinking as to the role of judges was moving towards that of independence of judges, as well as independence in terms of thinking. The problem was that many groups felt threatened by the independent thinking of judges and the judiciary. The goal must be that the school becomes a training center for the judiciary. Finally, he stressed the importance of training civil servants. This was not a political issue, however, for the well-being of the population, it was vital.


Statement by the Independent Expert on Human Rights in Somalia

A member of the Secretariat read out a statement on behalf of the Independent Expert on the situation of human rights in Somalia, GHANIM ALNAJJAR. Events in Somalia indicated greater progress towards peace and security in that country, but it was a tenuous progress. Since he last reported to the Commission, there had been the significant step of the commencement of an IGAD-led peace conference in October 2002. This had also been the period in which the self-declared autonomous region of “Somaliland” had held its first multi-party elections. These were important developments, which, as for any sustainable and meaningful advancement in Somalia, must be anchored in the institutionalization of human rights standards. Trends in the protection and observance of human rights were very uneven among the various regions, ranging from recurrent violence and volatility to relative peace, and Somalia remained without a central government.

This environment had taken its toll through a myriad of human rights violations, including the violations of the right to life with close to five hundred deaths due to faction-based or inter-clan conflict in 2002. Violence against women and girls was reportedly not uncommon in Somalia, particularly in displaced persons’ camps and against women and girls of rival clans and those of minority groups. He had been informed of allegations of rape by militia in the internally displaced persons camps of so-called "Puntland" and within the framework of domestic violence in so-called "Somaliland". The widespread practice of female genital mutilation continued and it affected roughly 90 per cent of the female population. The situation for children was an alarming one as the school enrolment rate for children in Somalia was 13 to 14 per cent which augured ill for the country’s productive future. During his mission he had been especially struck by the conditions of internally displaced persons, which were extremely poor, with inadequate or absent access to water and sanitation facilities, shelter, education or protection from criminal activity.

A key element of moving forward in Somalia must be addressing allegations of past massive human rights violations, Mr. Alnajjar's statement said. Coming to terms with past and on-going massive human rights violations was of vital importance to the future of Somalia. Partnerships must also be bolstered. The international community must act coherently and responsibly to the serious and often neglected circumstances in Somalia. Local and international non-governmental organizations, United Nations organizations and other actors had to work with each other to actualize over a medium-term horizon the protection and observance of fundamental human rights for the Somali people.


Statements in the General Debate on Remaining Agenda Items

REMIGIUSZ A. HENCZEL (Poland) said that it fully agreed with the opinion that the treaty bodies monitoring system was facing considerable problems that threatened its effectiveness. Growing complexity of the human rights machinery and the corresponding burden of reporting obligations strained the resources of Member States as well as the Secretariat of the United Nations. As a result, the benefits of the current system were not always fully clear. Poland supported a comprehensive reform of the reporting process. The procedures of the treaty bodies should be reviewed in order to simplify and streamline reporting obligations. Poland was ready to cooperate with other States willing to reform the existing system in order to make it more cohesive and effective.

PATRICIO UTRERAS (Chile) said that his country had been taking initiatives concerning disabled Chileans so that their social integration would be effective without discrimination. Since 1994, Chile had put in place a law on the social integration of disabled persons in accordance with the United Nations standards on disabled persons of 1993. The human rights and fundamental freedoms of its 10 per cent disabled persons had been emphasized. The legal emphasis was centred on their right to education and their capacity of integration into the labour force and the society as a whole. Chile had also set up a programme of solidarity to assist disabled persons and to improve their living conditions. The Government of Chile attached great importance to the drafting of the United Nations convention on the human rights of the disabled persons, whose work was under way.

POLY IOANNOU (Cyprus) said that in a landmark decision in the case of Cyprus vs. Turkey, delivered on 10 May 2001, the European Court of Human Rights had held Turkey accountable for severe violations of the human rights of the Greek Cypriot and Maronite communities living in the northern part of Cyprus which had been occupied by Turkish military forces since 1974. Regrettably, she was not in a position to report any kind of progress as a result of the judgment, as there had been no action on behalf of Turkey, or its subordinate Turkish Cypriot administration, to improve the inhuman and degrading conditions which the aforementioned enclaved communities experienced on a daily basis. The Council of Europe had also repeatedly condemned the perpetual climate of fear and intimidation the enclaved must constantly endure, the humiliation they were constantly subjected to, their restricted right to property, free movement and access to medical care and religious worship, as well as the lack of secondary education facilities for enclaved Greek Cypriot and Maronite children residing in the occupied part of the island.

TIBOR TÓTH (Hungary) said that special attention should be paid to minority situations that may lead to violence. Looking at the present mechanisms of the United Nations it was obvious that there was a protection gap in this respect, since the Working Group on Minorities was not in a position to address crises situations or to act as an early warning mechanism. Hungary believed that the Working Group on Minorities was a useful and unique forum for expert discussions on very sensitive and topical questions with regard to minorities. However, the participation of governmental delegations at the sessions of the Working Group was moderate. Consequently, there was an urgent need to revitalize the dialogue between Member States and the Working Group.

Milorad SCEPANOVIC (Serbia and Montenegro) said that the situation of minority communities in the province of Kosovo and Metoija, concerning Serbs and Roma in particular, was far from satisfactory. The United Nations Mission which had been administering the province for almost four years was responsible for this. Lack of security for the safe return of 230,000 internally displaced persons of non-Albanian background, predominantly Serbs, presented a flagrant violation of their basic human and minority rights. Regrettably, in over three years of this international presence, an organized return of only 357 persons had taken place. Particularly worrisome was the situation of 3,000 Roma refugees from Kosovo and Metohija, presently sheltered in Macedonia. The United Nations High Commissioner for Refugees should engage in solving their problems in a just and dignified manner.

ISMAYIL ASADOV (Azerbaijan) told the Commission about the consequences of the continuing occupation of Azerbaijan's territory, particularly the impact on refugees and internally displaced persons. The United Nations Security Council in its four resolutions had expressed deep concern at the displacement of a large number of civilians and had called for unimpeded access for international humanitarian relief efforts in order to alleviate the sufferings of the affected population. The Government was taking urgent measures, with the purpose of improving conditions of displaced persons and refugees in the country. Various programmes addressing the improvement of health services, education, and strengthening their social protection were being elaborated. At the same time, while the aggression still continued, the reduction of humanitarian assistance to refugees and internally displaced persons provided by international organizations and donor-countries was a cause for concern. The present situation of the “frozen conflict” had faded from international attention and suffered from a growing sense of donor fatigue. The return of refugees and displaced persons to their areas of origin was the only solution to the problem. In this context, the international community must intensify its efforts for the settlement of the armed conflict and the liberation of the occupied Azerbaijani territories.

DIARMUID MARTIN (Holy See) said in today’s era of globalization, where communication and economic integration had brought so many benefits, it was alarming that, not only were new barriers being erected to discourage the ordered movement of people, but there were many examples of increased intolerance towards immigrant population, even those who might have been resident in a country for many years and had contributed to the prosperity and peace of that country. Migrants who were in an irregular situation or who were undocumented were often among those most exposed to violations of their human rights.

NAJEEB AL-BADER (Kuwait) said his delegation was fully aware of the importance given to the role of the mass media and the opportunity it gave to people to express themselves. However, there had been abuse of some media. Some mass media were exploited by some cruel regimes. The true fostering and consolidation of the mass media would lead to a true exercise of human rights. The fact that some regimes manipulated the media might affect those who freely expressed their views. The role of the media should be strengthened as part of the means to strengthen the exercise of human rights. They should emphasize the truth and not biased information.

HABIB MANSOUR (Tunisia) said the Tunisian delegation had read the report of the Special Representative of the Secretary-General on Human Rights Defenders, and regretted the exaggerated manner in which allegations against Tunisia had been presented. These allegations had been put in the report without the Special Representative even taking the time to verify her information. This approach was inappropriate. He commended the work of human rights defenders and said that Tunisia had always co-sponsored the resolution on human rights defenders. Their work was vital in the field of human rights, provided that they undertook their work objectively and impartially. The effectiveness of their work depended on this. Things became very different if biased public conclusions were published, or allegations were spouted that were not based on the quest for truth. Tunisia was committed to human rights, a commitment prompted by public policy. In this regard, it had also been regrettable to hear the delegation of Switzerland endorse the baseless allegations of the Special Representative.

CHRISTIAN WENAWESER (Liechtenstein) said that as a State Party, Liechtenstein regularly fulfilled its reporting obligations to the relevant treaty bodies and like others, it was sometimes overwhelmed by the burden these obligations placed on its limited human resources. It therefore favoured measures to make the reporting system less burdensome and more efficient. The balance between the necessity to fight terrorism and safeguarding international human rights standards had been even more seriously jeopardized in the recent past. While the Security Council had vigorously responded by establishing the Counterterrorism Committee, no comparable action had been taken with regard to the question of safeguarding human rights.

ANDRAZ ZIDAR (Slovenia) said that his country supported the effective functioning of the human rights mechanisms. Effective functioning was a precondition for the successful implementation of human rights. With regard to the functioning of the treaty bodies, Slovenia supported the idea of a consolidated core report with supplementary annexes to each of the human rights treaty bodies; the follow-up procedure to the concluding recommendations, introduced by the Human Rights Committee; the practice of annual inter-committee meetings between human rights treaty bodies; and the idea of linking concluding recommendations with technical assistance from the Office of the High Commissioner for Human Rights.

CHARLES WHITELEY, of the European Community, said racism was a phenomenon with global reach, which was why the European Union was engaged in tackling racism both inside its own borders and in the wider world. With respect to efforts in third countries, the European Commission had selected the fight against racism and xenophobia was one of the four core priorities for human rights funding in the period 2002-2004. The importance attached by the European Union to the fight against the death penalty was illustrated by the policy guidelines which it had adopted, setting out the framework for the European Union’s international action, including in multilateral fora and through political dialogue with third countries. The political commitment to working for moratoria on the death penalty, with a view to universal abolition, was matched by considerable European Union funding. The European Union was also committed to working for the prevention of torture and the rehabilitation of torture victims. It had been a long-standing supporter of rehabilitation centers, which delivered much needed medical, legal and social assistance to victims of torture. In addition to assistance for the centers’ core activities, the European Union had supported projects to enhance cooperation between centers through the creation of networks.

RUBEN MAYE NSUE MANGUE (Equatorial Guinea) said that technical assistance should be extended to all States without discrimination. The Government of Equatorial Guinea had taken significant actions to improve the conditions of the country’s small prison population by signing a Protocol with the International Committee of the Red Cross that allowed the organization complete access to all the prisons and jails in the country. Last year, the President had granted an amnesty to 134 persons or nearly 70 per cent of its prison population. On 15 December 2002, the Government held presidential elections after nearly 18 months of preparations that involved all 13 political parties operating in the country. Over 100 observers monitored the voting process and the counting of votes. The verdict was that the elections were free and democratic.

CHRISTOPHER LAMB of the International Federation of Red Cross and Red Crescent Societies, said that one of the most disadvantaged groups of people in any country was that composed of migrants. They were seen by their host communities as "foreigners". They were people who frequently were unable to enjoy the full range of rights guaranteed by international and national laws. That was, sadly, a common fate in some countries for people who had migrated legally, or who came to a host country to work. It was even more common for those whose migration took place without the benefit of law, or outside a migration programme. Those were groups who were identified by the Conference of European Red Cross and Red Crescent Societies in April 2002 as people “living in the shadows”.

AMARE TEKLE (Eritrea) said it was gratifying to note that the plight of displaced persons had at long last attracted the interest and concern of the international community as a major human right and humanitarian issue. It was recognized that the return of displaced persons to their original homes and lands to resume stable and secure lives was the only durable solution to the problem of internally displaced persons. Yet, such a durable solution was predicated on the existence of durable peace. Ever since the Cessation of Hostilities agreement the Eritrean Government had geared all efforts to effect the speedy return of internally displaced persons caused by the barbaric acts by marauding forces during Ethiopia’s last aggression. Most of these were women, children and the disabled. Yet, its efforts had been systematically thwarted by the Ethiopian Government and its mercenaries, which had hitherto implanted serious obstacles, including the planting of landmines, to frustrate progress. Ethiopia had now declared its intention to altogether reject the final and binding decision of the Boundary Commission. Obviously, this would have serious consequences.

JANIS KARKLINS (Latvia) said that it implemented a national programme for Latvian language training designed to teach Latvian as a second language to non-Latvian speaking adults and to students in minority schools. The efforts of the Government and civil society had yielded significant results, reducing the total percentage of those who claimed no knowledge of Latvian. The programme had been such a success that it would be served as a model for other governments, through the sharing of experience and practical techniques garnered through the successful implementation of similar programmes.

IAN DE JONG (Netherlands) said that it was vital that technical cooperation and advisory services were made available to the international community. The Netherlands saw a key role for the Office of the High Commissioner for Human Rights. Its already impressive portfolio of technical assistance projects would be enhanced by the reforms proposed by the High Commissioner. The need for a bigger share of the regular United Nations budget for the Office of the High Commissioner was evident. Many of the assisted countries were newly established democracies. They struggled to build up the institutions that could ensure democratic governance and respect for human rights. Sustained support by the international community was vital to reach that goal.

ASAKO HATTORI, of the World Health Organization, said by addressing all forms of discrimination throughout the life span, vulnerability to, and impact of, ill-health could be reduced. The grounds for non-discrimination in international human rights law were evolving. In General Comment 14, adopted in 2000, the Committee on Economic, Social and Cultural Rights proscribed any discrimination in access to health care and underlying determinants of health. WHO estimated that between seven and ten percent of the world’s population – about 500 million people – experienced disabilities with approximately 80 per cent of them living in developing countries. A new form of discrimination not yet given enough attention was ageism. People were living longer today. However, worldwide, an unacceptable number of older persons lived in poverty and too many experienced discrimination by all sectors of society, including the health sector. Another group, much neglected in both the health and human rights arenas, was migrants. The greatest health and human rights challenge of the times was HIV/AIDS. Fear, stigma, discrimination and other forms of human rights violations remained a major impediment to the prevention of HIV transmission and the provision of treatment, care and support.

GEORGES MALEMPRE, of the United Nations Educational, Scientific and Cultural Organization, said that a major milestone in the area of bioethics was the implementation in 1993 of a programme of bioethics and the adoption in 1997 of a Universal Declaration on the Human Genome and Human Rights. This instrument was the first international instrument on the human genome. It reconciled between scientific and ethical demands and human rights by affirming the principles of individual freedom, freedom of research and respect for human dignity. UNESCO had also undertaken an in-depth analysis to examine the possibility of drafting a new instrument on bioethics. Given the rapid development of genetics and the growing number of data banks and the use of this data for non medical purposes, UNESCO had started work on an international declaration on human genetic data which would establish guidelines on the collection, processing, use and protection of human genetic data. This declaration was expected to be submitted in September.

SAJA MAJALI (Jordan) said that Jordan had issued a decree for the establishment of a national centre for human rights by virtue of a temporary law that had since come into effect after its publication in the official gazette. That was an important step towards promoting and protecting human rights and fundamental freedoms in Jordan and it came out of a firm belief in the constructive and indeed important role that human rights institutions could play in that regard. According to the law, the centre would promote human rights, ensure equality and justice, fight all forms of discrimination, enhance democracy and observe the Government’s commitment to international conventions.

RACHEL BRETT, of Friends World Committee for Consultation speaking on behalf of Amnesty International and Jesuit Refugee Service, said there were areas of violation of refugee rights that had not been dealt with in much detail. Too many Governments did not recognize that asylum seekers and refugees had rights under international law as well as under the refugee standards. In the post-Cold War and post-11 September world, respect for the human rights of refugees and asylum seekers, including rejected asylum seekers, was at low ebb. It was essential to develop understanding of how human rights applied to such persons. The organizations urged the Commission to affirm the civil, political, economic, social and cultural rights of refugees and asylum seekers; requested the High Commissioner to produce a thematic report on the protection of refugees and asylum seekers; called on the special procedures, as appropriate, to give specific attention to the human rights of refugees, asylum seekers and rejected asylum seekers; and to remind States of their obligation to promote and protect the human rights of all individuals regardless of status.

DIANE ALA’I, of Baha'i International Community speaking on behalf of International Movement Against Discrimination and Racism and Minority Rights Group International, said in a joint statement that the mechanisms to combat violations of minority rights were not yet effective, particularly in preventing violent conflicts. The existing UN mechanisms did not systematically deal with conflict prevention in situations involving minorities. It was therefore necessary to establish a special mechanism, with a direct channel of communication to the Secretary-General, for the prevention of violent conflict. The Commission was called upon to request that the Office of the High Commissioner produce a report analyzing the effectiveness of existing UN mechanisms in addressing violations of minority rights that could lead to violent conflicts.

MOHAMMED ARIF AAJAKIA, of North-South XXI speaking on behalf of African Society of International and Comparative Law and International Movement for Fraternal Union Among Races and Peoples, said that the stability, sovereignty and well-being of a country whose population was a mosaic of ethnicities, faiths, languages and cultures could only be ensured by balanced, just and equitable economic and social development. That assertion could be possible on condition that those groups were justly represented in the decision-making process at the low, medium and high levels. It held true especially in countries where minority groups were oppressed and excluded from political and economic power. Thus devolution of political power and decision-making authority entailed enormous responsibility and commitment on the part of governments towards the uplifting of minority communities.

ALESSANDRA AULA, of Franciscans International speaking on behalf of several NGOs*, said today, many decades after several conventions first came into force, contemporary forms of slavery like forced labor, bonded labor, trafficking in persons and the worse forms of child labor, persisted in every continent of the world. Indeed in many places the numbers of people affected by modern slavery had actually increased in recent years. ILO estimated that the number of children in the worst forms of child labor were about 179 million, and of these, some 8.4 million children were in slavery, debt bondage and forced labor, which included forced recruitment into armed conflict, trafficking and prostitution and pornography.

Bonded labor continued to be a problem, particularly in countries like India and Pakistan, even though both States had ratified ILO Convention 24 on forced labor over 45 years ago and had passed good domestic legislation which prohibited bonded labor. Progress remained slow and research indicated that millions of people continue to work in conditions of forced labor in both countries. Those who sought to profit from the forced labor of others must not be allowed to do so with impunity, but it was equally important that Governments addressed the root causes of slavery such as poverty, discrimination, corruption and increasing inequalities of wealth and opportunity between regions and countries.

KARIN STASILES, of Socialist International Women speaking on behalf of several NGOs**, in a joint statement with 9 other non-governmental organizations, said that restrictive immigration policies risked giving migrants no choice but to seek the services of smugglers or traffickers. It was essential that State actions against trafficking in human rights did not inhibit immigration, the freedom of travel and legal mobility, especially for women who emigrated in growing numbers because of gender-related discrimination and violations of their human rights. Discrimination against women was a main cause of poverty worldwide. Granting women the right to own land and to have access to credit, for instance through micro-credit schemes, was necessary in order to efficiently promote poverty reduction. Destination countries should grant victims of the traffic in human beings temporary permission to remain for the period of the judicial proceedings that should be held in the case of every victim of trafficking.

JOHN TAYLOR, of All India Women's Conference speaking on behalf of several NGOs***, said that the persecution and discrimination against some religious minorities by non-State entities, including religious bodies, were deeply disquieting. It was especially shocking to read in the report of the Special Rapporteur on freedom of religion or belief of instances where forces of law and order turned a blind eye to such violence against individuals or properties. The role of both religious and secular non-governmental organizations in facilitating contacts among minorities and mediation between members of majority and minority communities was important. Educational institutions or humanitarian projects, often mainly implemented by women, might be the context in which services were offered without regard to religious identity, thereby undermining discriminatory or marginalizing attitudes.

KLAUS NETTER , of Coordination Board of Jewish Organizations speaking on behalf of B’nai Brith International and Women's International Zionist Organization, said Jewish minorities around the world were being harassed, intimidated and attacked. In recent months, there had been a wave of anti-Semitism not seen since World War II. One of the sources was within the United Nations and the Commission. Year after year, this Commission heard speeches and passed resolutions condemning Israel for the worst crimes known to humanity, thereby giving these attacks a credibility that they would not otherwise have. Though the main instigators were the States at war with Israel, most States and non-governmental organizations sat silently while this chamber was turned into a hall of incitement of the Jewish State. There was a sharp contrast between language used against Israel and language about other countries. The organizations called on all victimized minorities to show some solidarity, and called upon States to stop providing a platform to anti-Zionism, and to stop the use of the Commission as a legitimizer of hate propaganda against the Jewish people. The safety of Jewish minorities worldwide depended on it.

TEUKU SAMSUL BAHRI, of Netherlands Organization for International Development Cooperation speaking on behalf of Thirld World Movement Against the Exploitation of Women,
said in a joint statement that the Indonesia Government had been half-hearted in assisting internally displaced persons (IDPs) in Indonesia whose total number was more than 1.5 million. IDPs faced terrible conditions in Aceh. They were forced out of the villages by Indonesian security forces and were camping along roads. IDPs were not protected by existing legislation in Indonesia. The Indonesian Government seemed to have no political will to stop the violence in order to resolve the conflict. There was no accountability and transparency in the resolution of IDPs cases in Indonesia.

MARIE THÉRESE BELLAMY, of International Confederation of Free Trade Unions speaking on behalf of Public Services International, and International Movement Against All Forms of Racial Discrimination, said that the international community would be better armed with the continued work on the convention on the human rights of migrants. The entering into force of the convention, which so far had been ratified by 21 States, would provide a hope to alleviate the suffering of thousands of migrants through improvement of their conditions. The convention would define the rights of migrants, including workers. It would also be an opportunity for migrants to enjoy their rights relating to education and health in the host countries. The convention, which would enter into force on 1 July 2003, would be an instrument which would complement other international mechanisms already existing.

TIM WICHERT, of Canadian Council of Churches speaking on behalf of Mennonite Central Committee, speaking on behalf of Mennonite Central Committee, said most refugees were forced to flee because of human rights violations. They fled to save their lives, and because they had the right to seek and enjoy asylum from persecution, according to the Universal Declaration of Human Rights. Durable solutions for refugees, whether in their country of origin or country of asylum, were dependent on respect for human rights and the prevention of future violations. Unfortunately, the promise of asylum had been under threat in a number of ways. Refugees in camps, in countries of asylum, too often endured attacks by bandits, paramilitary or military groups. Female refugees suffered sexual violence. Lack of food had increased the vulnerability of refugees, especially women and girls who had been forced to trade sex for food. The Commission was urged to acknowledge that refugees and asylum seekers had human rights which must be protected; and consider renaming the Mass Exodus resolution to be called human rights and refugees.

BIRTE SCHOLZ, of Human Rights Advocates speaking on behalf of International Possibilities Unlimited and Nuclear Age Peace Foundation, said that worldwide, migrants continued to die in huge numbers while crossing borders to find a better life. Globally countries continued to adopt more aggressive border policies. Yet, these policies had not deterred migration, but instead led to more migrant deaths. For example, one the United States/ Mexico border apprehensions and deaths had continued to increase since September 2001, despite the deterrence goals of harsher policies. New border walls, and intensified border patrols channeled migrants into more treacherous routes resulting in a death rate of one person per day. Since 1994, when border policies were stepped up more than 2,200 migrants had died. The workplace rights of migrant workers were protected under international law and often under domestic law. However, many laws lacked an enforcement mechanism or did not provide protection for workers bringing claims.

AMADOU WANE, of African Society of International and Comparative Law speaking on behalf of North South XXI and Femmes Africa Solidarité, said that his organization was deeply concerned by the deteriorating human rights situation in Côte d’Ivoire and by the massive displacement of the population affected by the conflict and acts of xenophobia. He condemned the death of thousands of people in the conflict. Many thousands had fled the country to find refuge in neighbouring countries, the majority of them going back to their countries of origin. Children as young as 14 years had been drafted into the opposition army. The authorities in place should bring all perpetrators of the crimes to justice and should fight impunity. Those civilians who had lost their properties should also be compensated.

LAZARO PARY ANAGUA, of Indian Movement "Tupaj Umaru" speaking on behalf of Union of Arab Jurists and General Arab Women Federation, said there were simply too many violations of human rights of minorities in too many countries. These violations were happening particularly in countries where minorities were falling victims to the cruel neo-liberal economic policies. The Roma people, walking across European borders whilst being seen as piranhas, were totally excluded from the economic market and mistreated as a general rule in most European countries. Regarding the right of peoples to peace, democracy and security, it was stressed that all people had a right to peace. It was the responsibility of the State to ensure peace and renounce war. In this connection, the unjust and illegal attack on Iraq, aiming to turning a sovereign country into the protectorate of the United States, must be condemned. Irreparable damage had been done, including the vandalism of the history of Iraq as well as that of the world. The aggressors must compensate the world for destroying the cradle of civilization.

GENEVIEVE GENCIANOS, of Migrants Rights International, said that the war against terrorism had greatly affected in adverse ways the human rights of migrants. The anti-immigrant and anti-foreigner climate had intensified with the institution of laws and practices that primarily targeted immigrants and people of color. In many countries, since September 11, countless men and women migrants had been harassed, fired from their jobs, arbitrarily arrested and detained, and even deported. National security concerns had alarmingly led to violations of even the most basic human rights of personal security and liberty, due process and recognition as a person before the law. Migrant Rights International cautioned that many of the laws, practices and measures adopted by many States in their fight against terrorism might effectively result in the arbitrary derogation of human rights in violation of the fundamental principles of international human rights law.

DAVID LITTMAN, of World Union for Progressive Judaism, said that it was an historic fact that the tragic double exodus of Arab and Jewish refugees had happened because of the Arab League’s refusal of international legality from 1947. In Iraq, in 1969, eleven Iraqi Jews were publicly hanged and scores more tortured by the Ba’ath regime. Today, less than 40 Jews remained in that country, out of a former population of about 140,000. In Egypt, there were under 100 from about 90,000 in 1945, and there was not a single Jew in Saudi Arabia, Jordan or Libya. Barely 5,000 remained in all the Arab world out of the forgotten millions.

LEROY ORANGE, of Transnational Radical Party, said he had spent 19 years on death row for a crime he had not committed. He was speaking before the Commission because the Governor of Illinois had imposed a moratorium on the capital punishment due to its shameful record of wrongful convictions. He said he knows that for every death row inmate who attracted attention, usually American like himself, there were thousands in the world who died unnoticed. He was referring to those executed in China, Cuba, Saudi Arabia, Iran and Iraq, and in other countries where stoning, hanging, beheading and death by firing squad were a daily occurrence, and where executions totaled thousands yearly, with no attention. The practice of the death penalty had two facets: one in the spotlight of international media attention and the other hidden from view. The second facet – the death penalty in China and under other totalitarian or authoritarian regimes – was marked by indifference. It was time to recognize that this was a global problem that required attention. He appealed to the Commission to ensure that a moratorium on executions applied not only to the citizens of Illinois like himself, but also to all inmates who faced the death penalty in the United States.

SARAH STEPHENS, of International Catholic Migration Commission, said that 172 countries had not yet ratified the International Convention for the Protection of the Rights of Migrant Workers and Members of their Families. The Convention was not to be feared. Many of the provisions contained therein reiterated rights enumerated in the six main international human rights instruments. The Convention contained a few additional civil and political rights, such as the right to have recourse to the protection of consular and diplomatic authorities. Economic, social and cultural rights were mostly included in the International Covenant on Economic, Social and Cultural Rights. In fact, this Convention was said to be more restrictive on those topics. The Special Rapporteur described a breadth of denunciations of violations of the rights of migrants including arbitrary detention, torture and physical assault during detention, ill treatment by immigration authorities, ruthless killing of domestic workers by employers, rape, non-payment of wages impunity for abusive employers and confiscation of passports.

TAHIR NASEEM MANHAS, of Afro-Asian Peoples' Solidarity Organization, said that for more than three decades, some 300,000 Urdu-speaking Bihari Muslims belonging to Pakistan had been left stranded in a miserable state in squalid refugee camps in Bangladesh. Those Muslims were citizens of Pakistan and had opted to return to Pakistan when Bangladesh came into existence following the break up of Pakistan in 1972. Since then, despite all efforts by the successive governmetns of Bangladesh to send those people to their country, Pakistan had resorted to endless prevarications and adamantly refused to allow them to return to their homeland

ROCIO DE LORENZO, of Federación de Asociaciones de Defensa y Promoción de Derechos Humanos, highlighted the situation of immigrants and the violation of their human rights in Spain. It was pointed out that the recent fire in the Malaga police station, which had killed seven immigrants, had not been a separate event. These sort of things, and other violations of the human rights of immigrants occurred all the time. In this connection, the Federation highlighted the practice within Spain of the expulsion of immigrants, particularly situations which involved children. The Federation condemned the separation of children from their parents. Concerning other violations of human rights of immigrants in Spain, it was stressed that no investigations had been carried out on this issue as yet. This was alarming when bearing in mind the frequency of these occurrences. The Federation also stressed the need to improve the living conditions in detention centers for immigrants, particularly in the Canary Islands. The conditions in these centers had been repeatedly denounced by non-governmental organizations.

KIRK BOYD, of Nuclear Age Peace Foundation, said that many professors from different disciplines were dedicated to researching and developing a mechanism to make human rights more enforceable in courts of law. In 2004, the Project, along with other NGOs would ask this Commission to pass a resolution creating a working group to consider the synthesis of the existing International Bill of Rights into a single document that would be enforceable in the court of all countries with an appeal to an International Court of Human Rights.

SHRI PRAKASH, of World Peace Council, said that on 22 February 2003, eight innocent Shia Muslims from Gilgit in Pakistan occupied Kashmir were heartlessly gunned down while watching a cricket match. The Pakistani authorities had done nothing to apprehend the culprits. Since 1988, the Shia and the Ismailis had been bearing the brunt of a violent pogrom unleashed against them by Sunni extremist groups.

JAE CHUN WON, of A Woman's Voice International, said the military junta had turned Burma into one vast concentration camp. The 54-year old war of attrition waged by the SPDC against the ethnic nationalities was the longest running civil war in history and had resulted in one million internally displaced people living in Burma and 145,000 refugees on the Thai-Burma border. Of particular concern to the organization was the SPDC’s use of systematic rape as a weapon of war – the reality of which shocked the conscience of the world last year with the release of the 120-page report entitled “License to Rape”. Turning to the situation in Viet Nam, it was stressed that since the Communists took power, ethnic nationalities had faced severe religious and racial persecution. The Commission was therefore urged to pressure the Vietnamese Government to stop the persecution of Montagnards and Hmong; and investigate human rights abuses by Government officials, including forced conversions, and prosecute those responsible for crimes against humanity.

MELODEE SMITH, of World Alliance of Reformed Churches, said that the death penalty system was not broken or flawed. There was sufficient evidence to conclude that the death penalty was working precisely the way that it was designed to work against the marginalized and powerless, people of color and the mentally impaired. The long history of the church’s entanglement with the death penalty revealed that for centuries violence and executions were blessed in direct service of the church as God’s will and proclaimed as the chief duty of the state. The death penalty could not be reformed and must be abolished. A new paradigm was required to create a culture of restorative justice that healed.


Rights of Reply

A Representative of Armenia, speaking in a right of reply in reference to a statement made by the Representative of Azerbaijan’s Ombudsman, said that much of her statement was devoted to acts of propaganda concerning the region. The speaker representing the Ombudsman had thus violated the independence of her office

A Representative of Azerbaijan, exercising his right of reply in response to the statement made by a Representative of Armenia, pointed out that her statement contained exactly the kind of propaganda characteristic of the Armenian Government. The truth was that in 1989, the Government of Armenia had adopted a decision by which it decided to annex part of the Azerbaijani territory of Nagorny Karabach. How did the delegation of Armenia explain the hundreds and thousands of displaced Azerbaijanis who used to live in this area? Surely they had not all left voluntarily? The Armenian delegation was advised to approach this issue more responsibly.



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* Joint statement on behalf of: Franciscans International; Dominicans for Justice and Peace; Caritas Internationalis; Anti-Slavery International; and International Movement Against Discrimination and Racism.

** Joint statement on behalf of: Socialist International Women; International Alliance of Women; Femmes Africa Solidarité; World Federation for Mental Health; International Federation of University Women; International Council of Women; Inter-African Committee; World Union of Catholic Women's Organization; Women’s World Summit Foundation; and Women's International League for Peace and Freedom.

*** Joint statement on behalf of: All India Women's Conference; International Association for Religious Freedom; Susila Dharma International; World Organization of Former Pupils of Catholic Education; and International Association for the Defence of Religious Liberty.