COMMISSION ON HUMAN RIGHTS STARTS CONSIDERATION OF WOMEN'S HUMAN RIGHTS AND RIGHTS OF THE CHILD

Commission on Human Rights
58th session
17 April 2002
Morning



Review of Civil and Political Rights Concluded



The Commission on Human Rights this morning began its general debate on the integration of the human rights of women and children's rights, hearing from many national delegations on the situation of human rights for women and children in their respective countries and regions.

Issues ranging from national efforts, initiatives and legislation, gender-based violence, the proliferation of trafficking in women and children, domestic violence, harmful traditional or customary practices, forced marriages, discrimination and the importance of the Convention on the Elimination of All Forms of Discrimination against Women, and legally binding instruments to protect women's human rights were discussed with regards to women's human rights and the integration of the gender perspective.

Many speakers said that despite the progress in the legal field, there were still many women and girls who did not enjoy their human rights and fundamental freedoms on an equal basis with men and boys.

Other speakers highlighted that today's women and girls were still confronted with multiple discriminatory practices based not only on gender, but also on grounds such as race, colour, family status, national or ethnic origin, language, religion, political opinion, social origin, property, birth, or sexual orientation. Women and girls of indigenous origin, or who belonged to minorities, were in a particularly difficult situation, they said.

Concerning the rights of the child, several speakers welcomed the entry into force of the two Optional Protocols of the Convention to the Rights of the Child on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography, and stressed the need for their implementation at the national, regional and international levels.

Speakers also reiterated that children must be protected from social or economic exploitation. Children must not be employed in or required to perform work that was likely to be hazardous or to interfere with their education or to be harmful to their health or physical, mental, spiritual, moral or social development. It was also stressed that the international community needed to act collectively to stop the proliferation of trafficking of children.

Speaking during the general debate were the representatives of Chile (on behalf of the Group of Latin American and Caribbean Countries), Canada, Viet Nam, Pakistan, Spain (on behalf of the European Union), Uganda, Cameroon, China, Republic of Korea, Thailand, Croatia, Algeria, Cuba, Togo, Sudan, Japan, India, Brazil, Indonesia, Syrian Arab Republic, Bahrain, the Democratic Republic of the Congo, and Mexico.

The representatives of Colombia, Singapore, Egypt, Thailand, Mauritania, Malaysia and Morocco exercised their right of reply this morning under the agenda item on civil and political rights. The debate on the item was subsequently closed .

The Commission will reconvene at 3 p.m. on Wednesday, 17 April to continue its consideration of the human rights of women and children.


Integration of the Human Rights of Women and the Gender Perspective

Under this agenda item the Commission has before it a series of documents.

There is a report of the Secretary-General on traffic in women and girls (E/CN.4/2002/80) which notes among its conclusions that there are many positive developments in the fight against trafficking, but that the human rights implications of trafficking and related phenomena are not always fully appreciated; that trafficking is too often considered from a criminal point of view and not from a human rights perspective; that it is important to acknowledge and there are both "buyers" and "sellers" involved in trafficking, and that the "pull" factor includes unmet labour demands, particularly in the informal sector; and that realistic and durable solutions require attending to the rights and needs of the individuals involved, who often suffer from lack of security and from gross inequalities within and between countries.

There is a report of the Secretary-General on integrating the human rights of women throughout the United Nations system (E/CN.4/2002/81) which concludes among other things that there is a need for all Governments to ratify without reservations the Convention on the Elimination of All Forms of Discrimination against Women and its Optional Protocol, and the Convention on the Rights of the Child and its Optional Protocols; that it is important that action be taken to change existing or introduce new legislation to ensure protection of women's human rights and to acknowledge the principle of gender equality; that the obligations of States to prevent and redress violations of women's rights need to be further clarified; and that many of the recommendations issued in 1995 on integrating a gender perspective into human rights activities and programmes remain relevant.

There is a report of the Secretary-General on the joint work plan of the Office of the Special Adviser on Gender Issues and the Advancement of Women, the Division for the Advancement of Women and the Office of the High Commissioner for Human Rights (E/CN.4/2002/82) which outlines the joint work plan for 2002.

There is a report of the Special Rapporteur on violence against women (E/CN.4/2002/83) which focuses on cultural practices in the family that are violent towards women and notes among other things that such practices exist throughout the world; that cultural relativism is often used as an excuse to permit such practices; that all cultures have certain practices that deny women their rights and dignity; that dominant ideologies and structures within societies that perpetuate such practices are often based on a society's belief that the freedom of a women, especially her sexual identity, should be curtailed and regulated and that fear of female sexuality and its expression are responsible for many of the regimes of law that operate in the cultural sphere; that States bear the responsibility for ending such practices; and that States should not invoke custom, tradition or religious considerations to avoid their obligation to eradicate violence against women and the girl child in the family.

An addendum (Add.1) summarizes communications to and from Governments, giving details relating to communications with 28 countries.

An addendum (Add.2) reports on a 21 to 29 August 2001 mission by the Special Rapporteur to Sierra Leone and recommends, among other things, that the wartime experiences and post-conflict needs of women and girls be fully taken into account in the formulation of repatriation and resettlement plans, as well as during demobilization and disarmament; that steps be taken to ease appalling conditions in camps for internally displaced persons; that all reports of rape and other forms of gender-based violence be fully investigated; that assistance be provided for restructuring and training of the police force and establishment of a competent, impartial judiciary; that appropriate training be given to prosecutors, judges, and others officials in the handling of cases of rape and other forms of gender-based violence; and that the international community increase funding for programmes that address the needs of victims of sexual violence in the country.

A third addendum (Add.3) summarizes a 1 to 7 November 2001 mission to Colombia and states among other things that all parties to the conflict should take measures to protect women and girls from rape and other gender-based violence, and should state publicly that rape constitutes a war crime and that anyone who commits rape will be brought to justice; that failure to investigate and punish those responsible for such crimes has contributed to an atmosphere of impunity in the country and has perpetuated such violence; that the Government should increase funding for the Human Rights Unit of the Office of the Prosecutor-General; that all parties should abide by and ensure enforcement of the Guiding Principles on Internal Displacement, paying special attention to the needs of women and children; that the Government should provide greater support and protection for human rights organizations working with women; that steps should be taken to ease the social reintegration of former female combatants; and that women should participate fully in the peace process in the country.

There is a note by the Secretary-General on the report of the United Nations Development Fund for Women on the activities of the Fund to eliminate violence against women (E/CN.4/2002/136) which summarizes grants awarded and concludes that the Fund will continue to identify and support innovative local, national, regional, and international initiatives for eliminating violence against women.


Rights of the Child

Several documents -- in addition to those introduced in previous days -- are before the Commission under this agenda item.

There is a report of the Secretary-General on the status of the Convention on the Rights of the Child (E/CN.4/2002/84) which lists States which have ratified or acceded to the Convention and its Optional Protocols.

There is a report of the High Commissioner for Human Rights (E/CN.4/2002/86) on the mission undertaken by her Office to assess the situation on the ground with regard to the abduction of children from northern Uganda which states among other things that the Lord's Resistance Army (LRA) is urged to stop immediately the abduction, torture, detention, rape, enslavement and forced recruitment of children from northern Uganda, and to release immediately all remaining captives; that the LRA must be effectively banned from raising funds internationally for its activities; that determined efforts should be made by all parties concerned to achieve a negotiated and peaceful settlement to the conflict in northern Uganda; that increased numbers of disciplined troops committed to protecting the local population should be deployed in the region; and that there should be a more active and comprehensive involvement of international organizations in systematically monitoring the conditions under which LRA escapees are handled and debriefed by the military, particularly in southern Sudan.

And there is a note by the Secretary-General (E/CN.4/2002/87) on the programme of action for the prevention of the sale of children, child prostitution and child pornography, drawing the attention of the Commission to a report of the Secretary-General to the Subcommission on the Promotion and Protection of Human Rights (E/CN.4/Sub.2/2001/4).


Statements

JUAN ENRIQUE VEGA (Chile), speaking on behalf of the Group of Latin American and Caribbean Countries (GRULAC), said that GRULAC gave the highest priority to the theme of the rights of the child. Jointly with the European Union, GRULAC would submit to the Commission a draft resolution on the rights of child, which was presently being consulted upon with other delegations. The present draft resolution suggested additional paragraphs different from the resolution of last year, including the structure. In its operative part, new paragraphs had been added, among which was the protection and promotion of the rights of the child against violence; with regard to discrimination, the themes of the World Conference against Racism had been added; the promotion and protection of the rights of children in difficult situations were also included; and the prevention and eradication of the sale of children, child prostitution and child pornography had also been added. The protection of children in times of war was also included in the draft resolution. In both the preambular and operative parts, references were made to the economic, social and cultural rights of children.

GRULAC would give the upcoming Special Session of the General Assembly on the Rights of the Child an important place; and it had participated actively in the preparatory work. The draft resolution which would be submitted to the Commission for its approval would contribute to the efforts to promote the rights of the child.

MARIE GERVAIS-VIDRICAIRE (Canada) said that the international community could not address effectively violations of human rights without considering the enjoyment of women and girls of their human rights. Systematic violations of women's and girls' human rights were a strong indicator of the existence of broader violations in countries and the collapse of societies. The fact that the Commission had a broadly sponsored annual resolution on the elimination of violence against women was indicative of the continuing and pervasive nature of this problem. Gender-based violence against women was a violation of human rights.

Despite the existence of international norms and standards that condemned violence against women, and the obligation of States to prevent acts of gender-based violence and to exercise due diligence, such violence was still rampant. Worldwide, pervasive negative society attitudes and discriminatory practices towards women and girls inhibited progress towards the elimination of all forms of violence against them. The root causes of this violence must be understood and addressed and prevention strategies must be developed and improved.

DINH THI MINH HUYEN (Viet Nam) said it was a sad fact that over the past 60 years the elimination of discrimination on the grounds of sex and the full and equal enjoyment by women of all human rights still remained far from being achieved. The Vietnamese State attached great importance to the realization of the principle of equality and non-discrimination between men and women in all civil, political, economic, social and cultural rights. Last year, Viet Nam had sent its combined third and fourth periodic reports to the Committee on the Elimination of Discrimination against Women. The dialogue between the Vietnamese delegation and the Committee had been excellent. Several other national initiatives to promote the rights of women had also been undertaken by the Government. It was important to note that Vietnamese women had remarkable contributed to a prime achievement of the country, namely by reducing poverty by half.

As other countries, Viet Nam had experienced violence against and the traffic of women and girls. This constituted a crime that trampled upon women's dignity and must be condemned and vigorously fought in all countries. Joint efforts and cooperation by countries must be promoted in this regard. As a member of the Convention on the Rights of the Child, Viet Nam had recently ratified two protocols to the Convention on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography, and had made great efforts to realize them.

TEHMINA JANJUA (Pakistan) said that the promotion and protection of women's rights was at the top of the Government of Pakistan's human rights policies. That stemmed from a deep-rooted belief that there could be no meaningful progress in achieving sustainable development without the empowerment and emancipation of the women of Pakistan. Some of the most spectacular human rights developments in the country in recent years had been registered in the field of women's rights. First and foremost was the empowerment of women through the local bodies elections. Under the devolution plan, 33 per cent of seats were reserved for women in elections at the municipal and district levels. That was a revolutionary step the full significance of which was only now becoming evident. It had resulted in the election of more than 40,000 women councillors across the country. Those councillors sat in the municipal and district assemblies, and discussed and debated issues relating to their communities.

The field of child rights in Pakistan had also registered an equally impressive list of positive actions in the last two years. Among those the Juvenile Justice Administration System Ordinance of 1 July 2000 constituted a landmark achievement. It raised the age of the applicability of the death penalty to 18 years among other things. Pakistan also ratified ILO Convention No. 182 on the Elimination of Worst Forms of Child Labour on 15 August 2001 and had signed the two optional protocols to the Convention on the Rights of the Child in September the same year. Those actions would provide a further impetus to the Government's efforts to promote and protect the rights of the child in Pakistan.

JOAQUIN PEREZ-VILLANUEVA Y TOVAR (Spain), speaking on behalf of the European Union (EU), said that today's women and girls were still confronted with multiple discriminatory practices based not only on gender, but also on grounds such as race, colour, family status, national or ethnic origin, language, religion, political or other opinion, social origin, property, birth or sexual orientation. Women and girls of indigenous origin, or who belonged to minorities, might be in a particularly difficult situation. Harmful traditional or customary practices, including female genital mutilation, early forced marriage and the so-called crimes committed in the name of honour, were serious violations of the human rights of women. States had an obligation to exercise due diligence to prevent, investigate and punish such acts of violence, and provide protection to victims. In no case could social, cultural or religious factors be invoked as a justification for these violations.

Trafficking in women and girls for the purpose of commercial and sexual exploitation was one of the most extended forms of violence world-wide. The insufficient representation of women in decision-making processes both in public and private life in most current societies was an obstacle to gender equality and development. The EU believed that a level of female representation in decision making bodies that reflected the proportion of women in the population was a key democratic demand. The EU firmly believed that education allowed the eradication of stereotypes and prejudices based on the idea of inferiority or superiority of sex and allowed the modification of men and women's social-cultural patterns of behaviour. It was important to intensify efforts in order to ensure universal access to essential health care services, including protection against HIV/AIDS, which increasingly affected women and girls. The EU affirmed that the human rights of women included their right to have control over and decide freely and responsibly on matters related to their sexuality, including sexual and reproductive rights, free of coercion, discrimination and violence.

The right to education was recognized by many international instruments. Nevertheless about 130 million children had no access to primary education. The scourge of poverty remained one of the most serious causes of concern in the combat for the rights of the child. The impact of armed conflict on children was especially harsh. In 2001, 11 million refugees, i.e. almost half the total number under the responsibility of the United Nations High Commissioner for Refugees, were less than 18 years of age. The EU was particularly concerned by the allegations of abuse against refugee children.

HAROLD ACEMAH (Uganda) said the Ugandan Constitution provided that children had a right to basic education, a responsibility of the State and parents. Children were entitled to be protected from social or economic exploitation and must not be employed in or required to perform work that was likely to be hazardous or to interfere with their education or to be harmful to their health or physical, mental, spiritual, moral or social development. In Uganda, education had become accessible to about 90 per cent of children.

Concerning the mission to Uganda by the Office of the High Commissioner, Uganda had already started the implementation of the recommendations. For example, security for the villages had been improved and steps had been taken to protect the local population. Agreements concluded between Uganda and Sudan were also a positive step. Uganda had passed an Amnesty Act which recognized that many of the combatants were themselves victims of abduction and coercion and that reconciliation in the North and in Uganda as a whole was necessary for peace in the country. The Commission was informed that on 11 to 13 March, the Government and NGO representatives from Uganda and Sudan had met in Entebbe, Uganda to update contingency plans for the expected return of hundreds of abducted children to Uganda.

C. S. MAHOUVE (Cameroon) said that the report of the Secretary-General on children had indicated the progress made in the protection and promotion of the rights of the child since 1990. Among other things, it highlighted the challenges faced by the children of the twenty-first century, such as inequality, poverty, proliferation of armed conflicts and violence, the spread of the deadly disease HIV/AIDS, and the continued discrimination against women and girls. The report also said that proper human development for the generation could be possible only if the international community invested in children. Cameroon shared that idea and had continued to strengthen its implementation of the Convention on the Rights of the Child. It had also signed the two optional protocols to the Convention. It was also contemplating to ratify ILO Conventions 182 on extreme forms of child labour and 138 on the minimum age for work. By doing so, Cameroon had committed itself to put in place measures and to create the necessary conditions in order to ensure the effective realization of the rights of the child.

Since 1991, Cameroon had adopted a National Plan of Action with the view of implementing the recommendations of the World Summit of 1990 on children. Recently, Cameroon had participated in the preparatory process of the Special Session of the Assembly General on the Rights of the Child at the regional level. In the same manner, Cameroon supported all initiatives aimed at fighting child labour trafficking, their sexual exploitation for commercial purposes and their involvement in armed conflicts. Although Cameroon was not affected by sex tourism, a law had been adopted regulating touristic activities in order to fight sexual tourism involving children.

LI BAODONG (China) said that as a party to the Convention on the Right of the Child, China always attached primary importance to the protection of the rights of the child and worked along with other countries to build a world that was more suitable to children's growth. To this end, China implemented conscientiously its obligations under the Convention and actively participated in other international instruments related to the protection of the rights of the child. Having signed the two optional protocols of the Convention, China was fulfilling domestic procedures for the ratification of the Protocol on the Sale of Children. The ratification of the Protocol on the Involvement of Children in Armed Conflicts was also under positive consideration.

The Chinese Government was convinced that children represented the hope of nations and the future of mankind. Safeguarding their rights would help ensure the sustainable and sound development of humanity. To create a better environment for the growth of children, China formulated in 1992 the National Programme for the Development of the Child for the 1990s. Thanks to the programme, significant progress had been made, among others, in lowering the child mortality rate, increasing the vaccination rate and reducing the child malnutrition rate.

JI-AH PAIK (the Republic of Korea) expressed concern about the continuing violence against women, which affected millions of women worldwide and impaired the full enjoyment of women's human rights. The eradication of all forms of violence against women, whether in times of peace or conflict, was one of the most fundamental and critical elements in the protection of women's human rights. The Republic of Korea shared the international community's concern that women's vulnerability to violence dramatically increased in times of armed conflicts or occupation. The work of the Special Rapporteur on violence against women had greatly contributed to the promotion of women's human rights by shedding light on the magnitude of all forms of violence against women, and advocating their eradication.

The Republic of Korea was concerned by the proliferation of trafficking in women and children, which often involved organized crime. In efforts to build a "world fit for children", her delegation stressed the importance of education, particularly the education of history. History would inadvertently shape a child's outlook on life and the world around him or her. It was of utmost importance that children were taught to have a correct and accurate historical perception. Education fostering a misguided historical perception could result in the recurrence of past wrongdoings in history. For the issue of addressing the issue of historical perception the "Korea-Japan Joint History Research Committee" had been established. This joint committee would make a substantive contribution to history education founded on truth.

PHANTIPHA IAMSUDHA (Thailand) said that good progress had been achieved in the country in terms of gender equality and the elimination of violence against women. The Government had augmented policies and plans to promote collective efforts in better prevention, protection and rehabilitation for women by promoting the role of the family as a necessary and integral part of the society. Legislative amendments had also been carried out for greater recognition of the rights and status of women. The Royal Thai Police had set up centres for the protection of children, youth and women; it coordinated assistance to those whose rights had been violated. Female police officers had been specially trained and assigned to various police stations to work with female victims of violence. The Public Welfare Department operated two 24-hour hotlines and offered counselling; and the Centre to End Domestic Violence against Women had been set up as a pilot project to work with male perpetrators with the aim to reduce and end domestic violence.

Thailand recognized the complexity of gender-based violence, in particular domestic violence, and that there remained areas to be improved including respect of legislature, law enforcement, training of officers, shelters and counselling services. The Government was determined to strive for the protection and advancement of women despite the country's financial constraints and the fact that the task ahead would be labourious.

SPOMENKA CEK (Croatia) said that States had an obligation to eradicate violence in the family, including harmful cultural practices, but this obligation must be implemented with the assistance of the whole society. Therefore, in addition to legislative and policy measures, the issue of education was crucial in this context to modify the social and cultural patterns condoning violence towards women. In Croatia, there was an increased awareness of the existence of violence against women, especially domestic violence, as well as the need for its eradication

In the past decade, the Government had adopted a set of legislative measures and policy decisions by which the issue of domestic violence was approached more consistently. In 1997, marital rape had been defined as a criminal offence. A new National Policy for the Promotion of Gender Equality included the development of a national strategy to combat violence against women, examination of laws which penalized violence against women, ensuring the monitoring of proper implementation of such legislation, continuous education of public servants and persons who provided services and support in cases of violence against women as well as ones who were involved in law enforcement, provision of financial assistance to women who were victims of violence, and establishment of special police units to handle and process cases of violence against women. Croatia was also preparing a national strategy for combatting trafficking, which had emerged as a serious problem in the region and required effective cross-border cooperation.

NASSIMA BAGHLI (Algeria) said women were still victims of discrimination and injustices. Despite the awareness of certain practices and efforts to eliminate them, they continued and went unpunished. This backward thinking concerning women had contributed to trafficking of women - the new slavery of the world. Such trafficking targeted particularly vulnerable individuals such as women and children. Only collective action would bring an end to trafficking of women. The draft resolution submitted by the Philippines on trafficking provided for measures to combat it on the national, regional and international levels. Preventive measures were also needed such as the strengthening of legislation. Women must therefore have access to education and basic services. Only then could women be incorporated into the political and economic spheres and protect themselves from discrimination and injustices. The situation of the women in Afghanistan was a worst case scenario of what could happen if action was not taken. Their strength was an example to all. States, United Nations agencies and non-governmental organizations had an important role to play for the restoration of women's dignity.

MERCEDES DE ARMAS GARCIA (Cuba) said that the experience of the Cuban Revolution demonstrated, in its performance of more than 40 years of political, economic, and social transformations, that a different life in benefit of human beings was possible; and that, in the framework of the conquest of justice and the fight for equality, the situation of women and children could be radically transformed to guarantee the full realization of their rights. In Cuba, women made up 43.6 per cent of the labour force in the civilian public sector; 32.3 per cent of persons occupying posts in different economic, political and social levels; 27.62 per cent of the deputies in the country's parliament; and 66.6 per cent of technicians and professionals. On the other hand, the maternal mortality rate in the country was only 2.2 per 10,000 childbirths. Cuba had reached an infant mortality rate of 6.2 per one thousand child born alive, and a life expectancy at birth of an average of 76 years, it being 76.6 years for women. Likewise, Cuba had totally eradicated major diseases, thanks to the fact that Cuban children were vaccinated against eleven predictable diseases. All those achievements were the result of the bold efforts of the Cuban Government that had never scanted neither human nor material resources, even in the most difficult circumstances, and had always put human beings in the first place, especially women and children.

The genocidal policy of economic, financial and commercial blockade against Cuba had had as the most sensitive and painful targets: women and children. It was enough to remember when, in 1981, terrorist organizations based in Miami had introduced in Cuba the epidemic of haemorrhagic Dengue, provoking death to 158 persons, including 101 children under fifteen. At that moment, the US Department of State, in application of the blockade, had delayed the authorization for the sale and shipment to Cuba of the specific insecticide to kill the identified vector of the disease. Cuba had had to acquire them in other countries with an additional cost of several million dollars and with a crucial delay in the transportation.

NAKPA POLO (Togo) said that more than five years after Beijing, access by women to legal services, credit, training, information, health services in general and reproductive health in particular, education, and revenue-generating activities did not seem to have taken place in developing countries. In many of these countries laws had been promulgated or amended with a view to reestablishing equal opportunities and rights for men and women in all areas. However, sexist trends made it difficult to see results from these efforts. The fight for the rehabilitation of women in all areas and at all levels required concerted efforts by the international community. Togo had been working for years to promote the rights of women. The family code had been revised and numerous programmes implemented in order to increase access by women to legal services and increase their participation in the economy.

Togo welcomed the entry into force of the Optional Protocol to the Convention on the Rights of the Child. Sale, trafficking and exploitation of children for commercial purposes were serious human rights violations that undercut the development and health of children and their ability to enjoy their rights. Togo was determined to enhance its policy to protect children. Three years after the ratification of the Convention, a national committee on the rights of the child had been set up to monitor the implementation of the Convention. Committees to combat child labour and sexual exploitation of children had also been set up. A law prohibiting female genital mutilation had also been adopted.

EL TAYEB HARON (Sudan) said the Sudanese Constitution expressly prohibited discrimination on grounds of sex in public offices and therefore any woman could nominate herself even for the presidency if she satisfied the conditions of eligibility which was to be Sudanese, of sound mind, not previously convicted and at least forty years of age. Working women in Sudan were on equal footing with men in terms of equality of work and wages. Furthermore, women could not be dismissed during pregnancy or maternity leave, a working woman whose husband died was entitled to four months and ten days full payments and women were also entitled to maternity leave for two years with basic salary. The Government had reaffirmed that female genital mutilation was a priority concern and that such practices were punishable by the Criminal Act. The Government was also engaged in sensitizing and launching awareness raising campaigns through the media and encouraging and facilitating work of NGOS in this context.

Women were involved in the decision-making hierarchy at the executive and judicial levels, and at the grassroots level, the Government had established a policy of economic enhancement for women to increase their income and allow them to enjoy their economic freedom. There had been negative consequences of the civil war, especially on women and children, and the Government had stressed the need for their repatriation and resettlement. The international community was called upon to help Sudan towards advancing women and their human rights.

MASARU WATANABE (Japan) said that his country had hosted the Second World Congress against Commercial Sexual Exploitation of Children last December. The Government of Japan greatly appreciated the contributions of more than 3,000 participants from 136 countries both in the preparatory process and in the Congress itself who offered their views and organized more than 100 workshops. Among the many achievements of the Congress was the adoption of the "Yokohama Global Commitment 2001", through which the Congress pledged its firm determination to eradicate the commercial sexual exploitation of children. The Government of Japan believed that the Yokohama Global Commitment would be remembered as an eminent international document in the fight against the commercial sexual exploitation of children and would serve as a key guide for global activities in realizing " a world fit for children", which would be confirmed as a goal at the forthcoming UN Special Session on Children.

Regarding Africa, Japan had hosted the Tokyo International Conference on African Development ministerial-level meeting in December last year, which confirmed that there could be no peace and prosperity without the solution of Africa's problems. Based on that recognition, Japan had provided over $ 400 million in grants towards solving core problems, including basic education, health, and safe water supply. Thanks to that grant, about 310,000 African children would have access to basic education and about 2.7 million people would gain access to safe drinking water.

NAVDEEP SURI (India) said that recognizing the importance of empowerment of women to give them their due place in the society, the Government of India had declared 2001 as the Women's Empowerment Year. The purpose of the Year was to ensure that women took their rightful place in the mainstream of the nation's social, political and economic life and to improve their well-being, equitable distribution of resources and a just social order. India's commitment to the cause of children was as old as its civilization.

Action taken in the area of child health care over the years had resulted in a significant drop in the mortality rate for all age groups of children. Massive immunization campaigns against major diseases had contributed to the decline in the mortality rate. A Constitutional amendment bill to make the right to education one of the fundamental rights for children of the age group 6 to 14 years had been introduced in Parliament and had already been passed by the lower house. Separately, an Education for All campaign was being undertaken by the Government to achieve the goal of universalization of elementary education.

HELIO BICUDO (Brazil) said that according to most international agreements, to be a child was to be any person under the age of 18. Meanwhile, the Convention of the Rights of the Child was less specific in its determination of what qualified being a child. It clearly stated that being a child was to be under the age of 18 years unless otherwise specified by national law. The United Nations definition of being a minor when it came to being deprived of freedom was when the person was below 18 years of age. The Convention of the Rights of the Child had been adopted in 1989. Since then, a UNICEF study had been released which stated that even though some progress had been made, the advances sought in the Convention had not been achieved. Indicators on child survival and levels of education showed discouraging failures.

The Convention had been adopted unanimously, yet several countries had not yet ratified it. The ratification of the Convention was of prime importance in the quest to promote the rights of the child. Other treaties concerning children also needed to be signed and ratified. Some countries had suggested that the age of a child be reduced from 18 years of age to 14. This was counterproductive and would also lead to the overcrowding and increase of promiscuity in prisons. Prisons were places for criminals and not a place for the rehabilitation of a child. Given the vulnerability of children, it was suggested that the Commission appoint a Special Rapporteur on violence against children. All States were urged to set the age for being a child at 18 years of age into their respective national legislation.

PERWITORINI WIJONO (Indonesia) said that her country had ratified the Convention on the Elimination of All Forms of Discrimination against Women, and had signed its Optional Protocol. They had proved to be valuable assets to the country's legal framework. In addition, the Government had resorted to a number of comprehensive measures in a bid to address the issue, not least with the setting up of national commissions and the enactment of new policies. Thus, the 2001-2004 National Action Plan incorporated a "zero tolerance" policy for acts of violence against women, and created safety mechanisms to protect the victims, while introducing new legislation to penalize those guilty of such violence. The National Commission on Violence against Women, together with other Indonesian human rights institutions and a large array of women's non-governmental organizations, had been actively coordinating efforts to combat abuse.

Since the 1990 World Summit for Children, substantial progress had been made on paper, most notably in the form of the core ILO Convention 182 on the worst forms of child labour; and on the two Optional Protocols on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography, all of which had been signed by Indonesia. In Indonesia, where children's rights had unfortunately suffered from the impact of the economic crisis and regional tensions in some provinces, the Government was deploying efforts to strengthen ties and cooperation with civil society in a bid to provide for the safety and protection of children.

IBRAHIM IBRAHIM (the Syrian Arab Republic) said that national legislation enhanced the rights of women in compliance with international instruments. Legislation prohibited discrimination against women and encouraged their participation in the economic and political life of the country. The Women's Society was one of the most popular organizations in Syria. Its objective was to enhance and promote the rights of women. Various ministries organized awareness programmes to enhance the rights of women; and educational and employment seminars to improve opportunities for women were held in collaboration with international organizations. Syria also attached great importance to rural women and to the improvement of their status.

The rights of the child was another area of prime importance for Syria. The Ministry of Health provided extensive care to pregnant women and to children, leading to a drop in the mortality rates, whereas the Ministry of Information had implemented programmes designed to enhance the awareness of children as to their rights and to guide them in their future choices. Computer science had been introduced as a major subject in schools and obligatory education had been extended until the age of 16. Penal law imposed severe penalties against the sexual violence against children, abduction of children and child labour in breach of ILO conventions. The phenomena of recruitment of children into the army did not exist in Syria. Syria concluded by reiterating its commitment to cooperating with the international community in all areas pertaining to the rights of women and children.

AHMED ARAD (Bahrain) said that the legislation in Bahrain promoted and protected the civil, political, economic, social and cultural rights of children. All laws were in conformity with the Constitution and focused on the bringing up of children by ensuring that their upbringing was based on Islam for their development and protection. Bahrain had signed the Convention of the Rights of the Child and it had been integrated into the Bahraini code of laws. Bahrain was committed to the full implementation of the Convention. Bahrain had also acceded to the Arab Convention on child labour. Much effort had been made by Bahrain to go beyond simple lip service in the protection of the Arab child. Bahrain had therefore created a mechanism that members of the Arab League could use as guidelines. This mechanism had been reviewed by Arab Ministers of Justice. A Committee had also been established that was mandated to survey the implementation of legislation related to children.

Bahrain had undertaken several national actions to improve the respect for the right of the child. These initiatives included the following: a decree related to family custody of the child; the establishment of a family custody committee; care for orphans; the integration of children who had special needs; social assistance to needy families; the establishment of a Committee on care for talented children including special care and special classes; increased focus on adolescence and health issues; the establishment of a fund for guardians of orphans; the granting of nationality to some children whose origins were unknown; the setting up of hospitals and health care centres; and a review of health curricula with the help of the World Health Organization. Bahrain would continue to work for the promotion and protection of the rights of the Child.

ANTOINE MINDUA KESIA-MBE (the Democratic Republic of the Congo) recalled that his country had ratified the Convention on the Elimination of All Forms of Discrimination against Women in October 1985, and since then it had taken part in all conferences devoted to the rights of women. With the sources available to it, the Government had implemented the recommendations of the conferences which it participated in, as well as the provisions of the Convention. In addition, the Government had given effect to the concerns of the Committee on the Elimination of All Forms of Discrimination against Women by putting in place appropriate measures. Congo's Constitution included provisions in which discrimination against women was prohibited. Within the Government, women occupied 30 per cent of the posts. A National Action Plan (1999-2004) had also been put in place with the view to promoting the rights of women.

In the field of health, efforts had been made in training delivery assistants, in vaccination of children and pregnant women, in the improvement of nutritional conditions, and in the fight against malnutrition. HIV/AIDS remained one of the concerns of the Government. With regard to education, the Government guaranteed equal access to education, professional and vocational training, and equal access to the literacy campaign. The illiteracy rate of women was 13 per cent in urban areas and 60 per cent in rural areas.

ARTURO HERNANDEZ BASAVE (Mexico) said that 51.17 per cent of the population of Mexico was made up of women and approximately 35 per cent of Mexicans were children under the age of 18. Hence, the particular importance that Mexico attached to issues relating to these two major segments of the population. Mexico was convinced that improving the human rights situation of women and children, including in the private sphere, was indispensable for the democratic life of Mexico. The institutional reform of August 2001 included for the first time a ban on discrimination on the basis of gender and age. The establishment of a National Institute for Women and the implementation of a National Program for the Equal Opportunities and Non-discrimination against women 2001-2006 pursued the same objectives as those set in Beijing B promoting and enhancing the conditions that made possible equal opportunities for and non-discrimination against women, and ensuring the full exercise of their rights and their equal participation in the political, cultural and economic life.

In order to harmonize national legislation with international norms, Mexico had ratified the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women as well as the two Optional Protocols to the Convention on the Rights of the Child.


Rights of Reply

A Representative of Colombia, speaking in right of reply, said that his country rejected some statements made in connection with discussions on item 11. It was serious indeed that the Commission was used to make statements that were hardly objective and which disqualified an entire country. It would be more useful if the international community cooperated by combatting, for example, money laundering that was used to finance many violent acts that caused victims among the civilian population of Colombia.

A Representative of Singapore, speaking in right of reply, said it was regrettable that the South Asia Human Rights Documentation Centre had chosen to make baseless and unfounded allegations against his Government. The non-governmental organization had contended that there was no free speech in Singapore and cited the limitations imposed on speakers wishing to speak at the Speakers' Corner in Singapore as evidence. In fact, the reason they must register their intent to speak was to allow the police to verify that speakers were indeed Singapore citizens and not foreigners. The speakers needed not indicate what they intended to speak on. Singapore was a multi-racial and multi-religious society. To safeguard racial and religious harmony, the rules prohibited speeches on religion and speeches that could cause feelings of hatred or hostility between different racial or religious groups.

The NGO had also alleged that the political establishment in Singapore often brought defamation charges against opposition leaders and that the damages awarded against the losing party were crippling. Singapore's laws and Constitution enshrined the freedom of speech and expression. As in all democratic societies, this was subject to laws of libel.

A Representative of Egypt, referring to a statement made by the representative of Baha'i International, said that the exercise of religious rights was one thing and practising illegal activities was another. That was the case of the Baha'i group in Egypt. The members of that group did not respect Islam and their activities were not peaceful. They defamed Islam. Some of their rituals were held in settings which were not in conformity with the country's laws on general order. Egypt recognized the right to the freedom of religion but the general law should be respected by all. Egypt had also responded to queries by the Special Rapporteur on the freedom of religion about the arrest of some members of the Baha'i organization. No authority in Egypt dared to change the Constitutional law of 1975. And finally, the Government did not interfere in what the media published in Egypt because the press was free.

A Representative of Thailand, speaking in response to a statement by the Asian Legal Centre, said that the case of the 17 bodies found in Mae Lamao River and Moei River in Tak province of Thailand had been investigated. However, the task of investors had been complicated by the difficult terrain in the area along the porous Western border. The Thai authorities concerned were actively pursuing this case and the results of the investigation would be made public in due course as soon as possible. The Government was in the process of enhancing protection for all illegal migrants.

. A Representative of Mauritania, speaking in right of reply, responded to allegations made against his country. Mauritania was a democratic country with a great deal of transparency. There had been some baseless allegations. The speakers could lie as much as they wanted. Anyone who knew the situation in Mauritania would know the pride felt in Mauritania for its democracy and Constitution.

A Representative of Malaysia, responding to allegations made by three non-governmental organizations, said that the Government needed the internal security act for its stability and to have peace in the country. It was also necessary for the economic growth of the nation. The act had been helpful to economic sustainability and political stability. All Malaysians were enjoying their human rights in all fields. The Government of Malaysia had already explained its position on human rights and it responsibilities in that area.

A Representative of Morocco speaking in right of reply in response to a statement by Algeria, said that the diatribe by the representative of Algeria did not touch on the fate of the 1,362 Moroccans detained in Algeria. The conflict of the Western Sahara was created by Algeria. Morocco could not accept the Algerian proposal of partition of the Sahara since it was synonymous with instability, human rights violations, separations of families, tribes and persons. The suffering of the 1,362 Moroccan detainees in the jails of the Algerian desert was a matter of very serious concern, not only for Morocco, but also for the international community. The indifference of Algeria constituted a flagrant violation of international humanitarian law and a blot on the collective memory of the peoples of the region.

A Representative of Cyprus, speaking in right of reply, said the Government of Cyprus considered the missing people of Cyprus as a humanitarian issue and had presented it as such to the Commission. Turkey could not deny or disclaim its responsibility. The European Court case of Cyprus vs. Turkey showed the responsibility of Turkey and proved that Turkey had never made an effort to look into the situation of the missing persons. This could only be categorized as inhuman treatment. Turkey had a legal and moral responsibility with regard to this issue and needed to act if it wanted to claim that it took human rights seriously. Several years had passed, years during which Cypriots waited for answers from Turkey. When would Turkey hear the recommendations and requests of the Commission and the international community and provide information on the missing people?




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