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10 August 2000
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Sub-Commission on the Promotion
and Protection of Human Rights
52nd session
10 August 2000
Evening
The Subcommission on the Promotion and Protection of Human Rights concluded discussion this evening of contemporary forms of slavery, with several members saying that systematic rape and sexual slavery in conflict situations were a matter of current concern and it was important that soldiers accused of committing such offenses should not be investigated or tried by the military -- that such a procedure invited impunity.
Debate also was given over to a definition of slavery that took into account modern and more subtle versions of the practice.
Non-governmental organizations also spoke, several of them referring to sexual slavery by Japan during World War II. Those addressing the meeting were Anti-Slavery International, the Coalition against Trafficking in Women, the International Confederation of Free Trade Unions, International Fellowship of Reconciliation, the World Federation of Trade Unions, Interfaith International, and North-South XXI.
Representatives of the Democratic People's Republic of Korea and Pakistan delivered formal statements.
Subcommission Experts or Alternate Members Fan Guoxiang, Chin Sung Chung, Yeung Kam Yeung Sik Yuen, Francoise Jane Hampson, Manuel Rodriguez Cuadros, Asbjorn Eide, and David Weissbrodt spoke.
And Nepal, India, Pakistan, Sudan and Indonesia exercised their right of reply.
The Subcommission will reconvene at 10 a.m. on Friday, 11 August to start its debate on the human rights of indigenous peoples.
Statements
MIKE DOTTRIDGE, of Anti-Slavery International, said that the twenty-fifth session of the working group on contemporary forms of slavery had focused on the issue of bonded labour. The working group had received testimony about some 20 million bonded labourers reported to be enslaved in this opening year of the twenty-first century. The working group had indicated in some detail what Governments and non-governmental organizations ought to be doing to address the predicament of the world's 20 million bonded labourers, and Anti- Slavery International urged Governments and NGOs to enure that these recommendations were followed and implemented.
There needed to be surveys in countries where reports of bonded labour had been made, but the scale of the problem had not been recognised. This would allow Governments everywhere to make a realistic assessment of the scale of these abuses, and take appropriate action to put an end to bonded labour.
GUNILLA EKBERG, of the Coalition against Trafficking in Women, making a joint statement with the International Council of Women and the International Council of Jewish Women, said her organization was working to promote the human rights of women and girls, and to eradicate sexual exploitation in all its forms, especially prostitution and trafficking in women and girls. Sexual exploitation undermined the right of all women and girls to human dignity, equality, sexual and bodily integrity, and autonomy. In addition, sexual exploitation disproportionately harmed women and children living in conditions of poverty, as well as those marginalized by race and ethnicity.
The working group on contemporary forms of slavery had, since its inception, served as an important venue for non-governmental organizations to voice their concerns, and had allowed them to present expert testimony on the global prostitution industry. Its open, democratic and flexible structure had made it possible for victims of contemporary forms of slavery, including survivors of prostitution, to testify about their experiences. The group's role as a monitoring mechanism had reached critical importance in the last few years. Despite numerous initiatives around the world to combat prostitution and trafficking in women and girls, the global prostitution industry was rapidly expanding, with several countries actually legalizing prostitution. As a result, serious violations of the human rights of women and children were reaching catastrophic proportions.
ANNA BIONDI BIRD, of the International Confederation of Free Trade Unions, said that her organization denounced the use of forced labour in Burma and Sudan. In Burma, an estimated 800,000 Burmese were daily subjected to forced labour. The unions in Burma obtained updated information on the persistence of forced labour. This data was subsequently submitted to the International Labour Organization, provoking the wrath of the junta.
The organization was encouraged by the determination of the ILO to combat forced labour which affected hundreds of thousands of lives, and it hoped that other international organizations would be as outspoken. In Sudan, there were many incidences of kidnappings of people who were then enslaved. In both countries, the operation of free workers' organizations was persecuted: it was the task of the Subcommission to ensure respect for fundamental workers' rights which was essential for the promotion of democracy worldwide.
JONATHAN SISSON, of International Fellowship of Reconciliation, also speaking on behalf of the Japan Fellowship of Reconciliation and the Asian Women's Human Rights Council, said that one of the most egregious examples of the violations of the human rights of women was the use of sexual violence as a weapon of war. It was now estimated that as many as 200,000 women of Korean, Chinese, Taiwanese, Filipino, Dutch, Indonesian and Malaysian origin were forced to serve as so-called "comfort women" in Japanese army brothels during the Second World War. For the past years, a number of non-governmental organizations had repeatedly raised the issue of military sexual slavery by Imperial Japan in reports to both the Commission on Human Rights and the Subcommission and to the working group on contemporary form of slavery. While the age of the women survivors was advancing, the Japanese Government still refused to assume its legal responsibility on that matter. In view of the intransigence of the Japanese Government, the NGOs concerned called upon the Subcommission to undertake any and all measures to implement the recommendations contained in the reports of the special rapporteurs on the issue.
SOORYA LAL AMATYA, of the World Federation of Trade Unions, said that women and children were very vulnerable across the world, and young girls were exploited increasingly in developing and developed countries. They were forced into prostitution and did not dare to speak about their plight. They were sold like animals. In Pakistan, women were still sold, leading to humiliating and miserable lives.
Though bonded labour was illegal, it was continuing but in a modified form. Continuous monitoring was needed. And even for those who had been freed, the question was how did former bonded labourers settle down and lead a normal life. A five-member Human Rights Commission had recently been created in Nepal, and the Federation looked forward to its effective performance on the issue of bonded labour.
DEIRDRE MCCONNELL, of Interfaith International, said that systematic rape, used as a weapon of war, intimidated, vilified, humiliated, and wounded not only the women of a community but the men, the children, the adolescents and the most intimate part of a whole community, where sacred new life was born. The Special Rapporteur on violence against women had decried the incidence of gang-rape and murder of women and girls by Sri Lankan soldiers, and said the practice was continuing unabated, with impunity, and without even serious investigation of specific cases.
Sarathambal Saravanbavananthakurukal, aged 29, was gang-raped and killed by Sri Lankan Navy soldiers last December, after which the Navy officer implicated was reported to have been immediately transferred to prevent action against him. Ida Hamlitta was gang-raped and murdered by seven soldiers in July of 1999. A Tamil woman had been raped every 16 days, on average, over the last four years, and that was only the documented cases. Even a 70-year-old woman had been raped on May 31 of this year. The Subcommission must take up the situation of systematic rape of Tamil women by Sri Lankan armed forces and take meaningful action to bring an end to these atrocities.
CRISTELLE MAURIN, of North South XXI, drew the attention of the Subcommission to the appalling reality of slavery in developed countries, especially affecting immigrants. They suffered from abuse and exploitation, while living without rights enshrined by the countries that they were in. This form of slavery should end, and countries in the developed world should take action to recognize the rights of immigrants and to effectively absorb these people into society so that they could fully enjoy human rights.
FAN GUOXIANG, Subcommission Expert, said the reports submitted under this agenda item were enlightening. Wartime slavery and rape were worth special notice. The Special Rapporteur on this topic, in her updated report, had mentioned Nazi and Japanese sexual slavery. World War II was a long time ago -- why should we continue to discuss this matter? Because the problem had not been resolved. The Japanese State observer four years ago had formally expressed an apology in this forum about the "comfort women", and the Government had formally apologized. Yet the complaints continued because the problem had not been truly resolved. The matter of compensation had not been resolved satisfactorily; the Government was not taking on any responsibility for compensation of victims.
Judging by statements of several non-governmental organizations today, this was not satisfactory -- their opinions should be taken seriously by the Subcommission and the international community. Some comfort women had brought lawsuits directly, and some forced labourers had brought lawsuits; and there were chemical-weapons victims of Japanese aggression during the war who also were considering bringing cases in court. Such victims had the right to seek compensation from the Japanese Government, and the Government should see this more clearly -- if it did, the question could be resolved.
HAN SLING IL (the Democratic People's Republic of Korea) said people should live free and in liberty. However, the world faced great challenges in the forms of human trafficking, child soldiers and other forms of slavery. All States had an obligation to protect human rights. In the last century, Koreans and other nationalities had been forced to work in mines or as prostitutes for the Japanese army. Japan had not done enough to take responsibility for its past crimes. Japanese authorities should make a new start and take responsibility for the country's past actions. The Subcommission should look further at the atrocities committed by Japan during the twentieth century when it was trying to build an empire in Asia.
FARUQ IQBAL KHAN (Pakistan) said the report of Gay McDougall, Special Rapporteur on wartime rape and sexual slavery, was impressive. However, the report seemed in certain respects to be incomplete. In the notes attached to it were a lot of references to well-known human-rights non-governmental organizations (NGOs), yet other NGOs, such as Human Rights Watch, which had spoken extensively on Kashmir, had not been quoted. There were other NGOs which had spoken out against the use of rape as an instrument of war in the disputed territory of Kashmir. Amnesty International, for example, had submitted a report to the Human Rights Committee stating that rape was frequently committed in Kashmir, and that it appeared to be used as punishment of the wives and daughters of men who seemed to be involved in the armed conflict. It was also used to demoralize the population, and there had been no real attempt to investigate these crimes. There had been several thousand such rapes. The Special Rapporteur had submitted her final report on the topic, and Pakistan thought it was unfortunate that the report was incomplete.
CHIN SUNG CHUNG, Alternate Subcommission Member, said there was increased interest in the welfare of citizens during warfare. The most victimised are usually women, with rape used as a weapon of war. Sexual crimes during wars and armed conflicts were increasing despite various efforts by international organizations. The continuing violations were based on a culture of impunity. There must be an end to impunity by those committing the crime. This would create more of a deterrence, and allow victims to speak out about the crimes committed against them. The High Commissioner for Human Rights should strongly oppose the culture of impunity. Armed forces should be trained and taught more about human rights and their actions would not go unrecognised by the international community.
YEUNG KAM YEUNG SIK YUEN, Subcommission Expert, said the working group on contemporary forms of slavery was performing a valuable service. The report on wartime rape and sexual slavery was also commendable. Sexual slavery defied, debased, and shattered human dignity. Systematic rape of women by soldiers had been cited by non-governmental organizations (NGOs); as an independent expert, he considered that the Subcommission must make it known that the use of rape as a weapon of war in whatever country and by whatever soldiers, must not be tolerated.
The review by Mr. Weissbrodt and Anti-Slavery International on the status of conventions against slavery raised the question of how slavery could have existed for so long before it was condemned and eventually banned for the first time in the nineteenth century. The enormous profits flowing from slave labour were perhaps the reason Governments and peoples were able to close their eyes to such an awful practice. There was a need to develop an accurate meaning of slavery that encompassed all such offenses, including the subtle ones now found around the world. There was a long list of violations of fundamental rights associated with slavery. The update paper was a very comprehensive review, and he commended it.
FRANCOISE JANE HAMPSON, Subcommission Expert, said that slavery needed a specific definition and that some of the areas proposed by Mr. Weissbrodt were not acts of slavery as such. Concerning cases of rape in Timor and in the Molocca islands in Indonesia, the Government was still discussing the activities of international organizations in the area which was unfortunate. The Indonesian Government was proving to be more open, but the problem lay in the military and their backing of military groups committing human rights violations.
States should respect their human rights obligations, and should educate their armed forces on human rights standards. She hoped that Japan and other States would start such human rights training for their armies.
MANUEL RODRIGUEZ CUADROS, Subcommission Expert, said the reports under this agenda item were laudable. He supported all the condemnations sounded here against contemporary forms of slavery; these were heinous violations of human rights, whether they took the form of sexual slavery, forced labour, or other reprehensible acts. The emphasis placed on a definition of slavery on the basis of article 2 of the Convention seemed to have resulted in a broad and comprehensive definition, which had been delineated in the report. It was interesting to know where to draw the line; there were situations of migrant workers in Latin America for example that dated back hundreds of years and involved some restrictions of movement, some control over marriage; perhaps these should be termed slavery; in any case these and other abuses of migrant workers around the world should be treated with systems for compensation and reparation of victims and especially for protection. A system needed to be devised for practical protection against contemporary forms of slavery. The working group perhaps could hone its rules of procedure so that it could provide systematic follow-up to situations of slavery around the world; and later the Subcommission could appoint a Special Rapporteur.
In the case of wartime rape and sexual slavery, the need for monitoring and effective implementation of international law, and the establishment of national laws duly enforced, clearly was vital. It also was obvious that the military should not investigate offenses committed by soldiers in these circumstances -- that invited impunity.
ASBJORN EIDE, Subcommission Expert, said the Subcommission should address many of the examples mentioned in today's discussions, including the situation in East Timor, the Mollucca islands, Kashmir and Sri Lanka. The issue of fighting impunity was essential. It brought up questions of proper mechanisms of bringing justice to military leaders who had violated human rights. Using military tribunals to try members of the military for violations was very problematic.
DAVID WEISSBRODT, Subcommission Expert, said the comments of Experts on contemporary forms of slavery had been valuable, and they correctly noted that such problems had not gone away and in fact were a cause of great current concern. The queries about definitions of slavery in his own report were of course of interest to him, but he deferred to what Mr. Sik Yuen had given as a summary; he had done the job very well. Mrs. Hampson had said that perhaps some of the things mentioned in the report were not in fact slavery, but it might help to tell her that the report said that many of the abuses suffered by migrant workers could not be considered slavery. He agreed with her that incest was a problem as was child abuse, but that in general that offense had nothing to do with slavery, either. Mr. Kartashkin's comments perhaps indicated that he had taken the report as summarized out of context.
Other situations had been mentioned in debate that might raise issues of wartime rape and sexual slavery, and he wished to say that Ms. McDougall's report cited examples, but did not attempt to provide a comprehensive list of all such situations around the world.
Rights of Reply
A representative of Nepal, speaking in right of reply, said that the system of bonded labour in Nepal had recently ended. However, the Government faced the problem of rehabilitating the people who had experienced bonded labour. A number of committees had been formed to help in this area. Plans were being developed to assist with monetary compensation those coming out of bonded labour.
A representative of India, speaking in right of reply, said Pakistan was being recalcitrant; it used any excuse to launch a tirade against India. This was a fine report by a reputable expert. Pakistan simply always displayed compulsive hostility; India found it amusing; it was quite bewildered by this behaviour. Pakistan did not go into the merits of the report, it just used the document as an opportunity to fabricate a tirade against India.
A representative of Pakistan, speaking in right of reply, said that the delegation was not questioning the actions of India. It questioned the situation in an area suffering from armed conflict, and facts were that there were human rights violations in Kashmir. Therefore, Pakistan had the right to raise cases of human rights violations. The issue had not been dealt in its totality by the Special Rapporteur.
A representative of India, speaking in a second right of reply, said he had thought this was a forum that would not descend to such a low level. The root cause of the problem in Kashmir was terrorism -- terrorists backed by the military Government of Pakistan, aided and abetted to commit crimes across the border. That was what India was fighting; it was fighting terrorism, according to the law. A military dictatorship was lecturing a democracy about human rights. Pakistan should put its own house in order.
A representative of Pakistan, speaking in a second right of reply, said that his Indian colleague should not discuss the internal situation of Pakistan. If the Indian army could not stop the terrorism, then India should sit down and talk and resolve the issue with the freedom fighters.
A representative of Sudan, speaking in right of reply, said the Association of World Citizens had made unfounded allegations on supposed slavery in the Sudan. The Association had depended on slanderous falsehoods supplied by unscrupulous organizations. Sudan prohibited slavery and fully provided for the human rights of its citizens. It had ratified relevant international conventions on the matter. Sudanese forces were acting legitimately to protect the population against severe and barbarous human-rights violations committed by a rebel movement. The presence of many rapporteurs and other UN officials demonstrated the sincere commitment of Sudan to work constructively to resolve human-rights matters related to civil conflict.
A representative of Indonesia, speaking in right of reply, said that in the Mollucca islands, there were no such rapes as mentioned by Mrs. Hampson. The conflict in the islands was one that the Indonesian Government was attempting to end as it was threatening the democracy of the country as a whole.
* *** *
and Protection of Human Rights
52nd session
10 August 2000
Evening
The Subcommission on the Promotion and Protection of Human Rights concluded discussion this evening of contemporary forms of slavery, with several members saying that systematic rape and sexual slavery in conflict situations were a matter of current concern and it was important that soldiers accused of committing such offenses should not be investigated or tried by the military -- that such a procedure invited impunity.
Debate also was given over to a definition of slavery that took into account modern and more subtle versions of the practice.
Non-governmental organizations also spoke, several of them referring to sexual slavery by Japan during World War II. Those addressing the meeting were Anti-Slavery International, the Coalition against Trafficking in Women, the International Confederation of Free Trade Unions, International Fellowship of Reconciliation, the World Federation of Trade Unions, Interfaith International, and North-South XXI.
Representatives of the Democratic People's Republic of Korea and Pakistan delivered formal statements.
Subcommission Experts or Alternate Members Fan Guoxiang, Chin Sung Chung, Yeung Kam Yeung Sik Yuen, Francoise Jane Hampson, Manuel Rodriguez Cuadros, Asbjorn Eide, and David Weissbrodt spoke.
And Nepal, India, Pakistan, Sudan and Indonesia exercised their right of reply.
The Subcommission will reconvene at 10 a.m. on Friday, 11 August to start its debate on the human rights of indigenous peoples.
Statements
MIKE DOTTRIDGE, of Anti-Slavery International, said that the twenty-fifth session of the working group on contemporary forms of slavery had focused on the issue of bonded labour. The working group had received testimony about some 20 million bonded labourers reported to be enslaved in this opening year of the twenty-first century. The working group had indicated in some detail what Governments and non-governmental organizations ought to be doing to address the predicament of the world's 20 million bonded labourers, and Anti- Slavery International urged Governments and NGOs to enure that these recommendations were followed and implemented.
There needed to be surveys in countries where reports of bonded labour had been made, but the scale of the problem had not been recognised. This would allow Governments everywhere to make a realistic assessment of the scale of these abuses, and take appropriate action to put an end to bonded labour.
GUNILLA EKBERG, of the Coalition against Trafficking in Women, making a joint statement with the International Council of Women and the International Council of Jewish Women, said her organization was working to promote the human rights of women and girls, and to eradicate sexual exploitation in all its forms, especially prostitution and trafficking in women and girls. Sexual exploitation undermined the right of all women and girls to human dignity, equality, sexual and bodily integrity, and autonomy. In addition, sexual exploitation disproportionately harmed women and children living in conditions of poverty, as well as those marginalized by race and ethnicity.
The working group on contemporary forms of slavery had, since its inception, served as an important venue for non-governmental organizations to voice their concerns, and had allowed them to present expert testimony on the global prostitution industry. Its open, democratic and flexible structure had made it possible for victims of contemporary forms of slavery, including survivors of prostitution, to testify about their experiences. The group's role as a monitoring mechanism had reached critical importance in the last few years. Despite numerous initiatives around the world to combat prostitution and trafficking in women and girls, the global prostitution industry was rapidly expanding, with several countries actually legalizing prostitution. As a result, serious violations of the human rights of women and children were reaching catastrophic proportions.
ANNA BIONDI BIRD, of the International Confederation of Free Trade Unions, said that her organization denounced the use of forced labour in Burma and Sudan. In Burma, an estimated 800,000 Burmese were daily subjected to forced labour. The unions in Burma obtained updated information on the persistence of forced labour. This data was subsequently submitted to the International Labour Organization, provoking the wrath of the junta.
The organization was encouraged by the determination of the ILO to combat forced labour which affected hundreds of thousands of lives, and it hoped that other international organizations would be as outspoken. In Sudan, there were many incidences of kidnappings of people who were then enslaved. In both countries, the operation of free workers' organizations was persecuted: it was the task of the Subcommission to ensure respect for fundamental workers' rights which was essential for the promotion of democracy worldwide.
JONATHAN SISSON, of International Fellowship of Reconciliation, also speaking on behalf of the Japan Fellowship of Reconciliation and the Asian Women's Human Rights Council, said that one of the most egregious examples of the violations of the human rights of women was the use of sexual violence as a weapon of war. It was now estimated that as many as 200,000 women of Korean, Chinese, Taiwanese, Filipino, Dutch, Indonesian and Malaysian origin were forced to serve as so-called "comfort women" in Japanese army brothels during the Second World War. For the past years, a number of non-governmental organizations had repeatedly raised the issue of military sexual slavery by Imperial Japan in reports to both the Commission on Human Rights and the Subcommission and to the working group on contemporary form of slavery. While the age of the women survivors was advancing, the Japanese Government still refused to assume its legal responsibility on that matter. In view of the intransigence of the Japanese Government, the NGOs concerned called upon the Subcommission to undertake any and all measures to implement the recommendations contained in the reports of the special rapporteurs on the issue.
SOORYA LAL AMATYA, of the World Federation of Trade Unions, said that women and children were very vulnerable across the world, and young girls were exploited increasingly in developing and developed countries. They were forced into prostitution and did not dare to speak about their plight. They were sold like animals. In Pakistan, women were still sold, leading to humiliating and miserable lives.
Though bonded labour was illegal, it was continuing but in a modified form. Continuous monitoring was needed. And even for those who had been freed, the question was how did former bonded labourers settle down and lead a normal life. A five-member Human Rights Commission had recently been created in Nepal, and the Federation looked forward to its effective performance on the issue of bonded labour.
DEIRDRE MCCONNELL, of Interfaith International, said that systematic rape, used as a weapon of war, intimidated, vilified, humiliated, and wounded not only the women of a community but the men, the children, the adolescents and the most intimate part of a whole community, where sacred new life was born. The Special Rapporteur on violence against women had decried the incidence of gang-rape and murder of women and girls by Sri Lankan soldiers, and said the practice was continuing unabated, with impunity, and without even serious investigation of specific cases.
Sarathambal Saravanbavananthakurukal, aged 29, was gang-raped and killed by Sri Lankan Navy soldiers last December, after which the Navy officer implicated was reported to have been immediately transferred to prevent action against him. Ida Hamlitta was gang-raped and murdered by seven soldiers in July of 1999. A Tamil woman had been raped every 16 days, on average, over the last four years, and that was only the documented cases. Even a 70-year-old woman had been raped on May 31 of this year. The Subcommission must take up the situation of systematic rape of Tamil women by Sri Lankan armed forces and take meaningful action to bring an end to these atrocities.
CRISTELLE MAURIN, of North South XXI, drew the attention of the Subcommission to the appalling reality of slavery in developed countries, especially affecting immigrants. They suffered from abuse and exploitation, while living without rights enshrined by the countries that they were in. This form of slavery should end, and countries in the developed world should take action to recognize the rights of immigrants and to effectively absorb these people into society so that they could fully enjoy human rights.
FAN GUOXIANG, Subcommission Expert, said the reports submitted under this agenda item were enlightening. Wartime slavery and rape were worth special notice. The Special Rapporteur on this topic, in her updated report, had mentioned Nazi and Japanese sexual slavery. World War II was a long time ago -- why should we continue to discuss this matter? Because the problem had not been resolved. The Japanese State observer four years ago had formally expressed an apology in this forum about the "comfort women", and the Government had formally apologized. Yet the complaints continued because the problem had not been truly resolved. The matter of compensation had not been resolved satisfactorily; the Government was not taking on any responsibility for compensation of victims.
Judging by statements of several non-governmental organizations today, this was not satisfactory -- their opinions should be taken seriously by the Subcommission and the international community. Some comfort women had brought lawsuits directly, and some forced labourers had brought lawsuits; and there were chemical-weapons victims of Japanese aggression during the war who also were considering bringing cases in court. Such victims had the right to seek compensation from the Japanese Government, and the Government should see this more clearly -- if it did, the question could be resolved.
HAN SLING IL (the Democratic People's Republic of Korea) said people should live free and in liberty. However, the world faced great challenges in the forms of human trafficking, child soldiers and other forms of slavery. All States had an obligation to protect human rights. In the last century, Koreans and other nationalities had been forced to work in mines or as prostitutes for the Japanese army. Japan had not done enough to take responsibility for its past crimes. Japanese authorities should make a new start and take responsibility for the country's past actions. The Subcommission should look further at the atrocities committed by Japan during the twentieth century when it was trying to build an empire in Asia.
FARUQ IQBAL KHAN (Pakistan) said the report of Gay McDougall, Special Rapporteur on wartime rape and sexual slavery, was impressive. However, the report seemed in certain respects to be incomplete. In the notes attached to it were a lot of references to well-known human-rights non-governmental organizations (NGOs), yet other NGOs, such as Human Rights Watch, which had spoken extensively on Kashmir, had not been quoted. There were other NGOs which had spoken out against the use of rape as an instrument of war in the disputed territory of Kashmir. Amnesty International, for example, had submitted a report to the Human Rights Committee stating that rape was frequently committed in Kashmir, and that it appeared to be used as punishment of the wives and daughters of men who seemed to be involved in the armed conflict. It was also used to demoralize the population, and there had been no real attempt to investigate these crimes. There had been several thousand such rapes. The Special Rapporteur had submitted her final report on the topic, and Pakistan thought it was unfortunate that the report was incomplete.
CHIN SUNG CHUNG, Alternate Subcommission Member, said there was increased interest in the welfare of citizens during warfare. The most victimised are usually women, with rape used as a weapon of war. Sexual crimes during wars and armed conflicts were increasing despite various efforts by international organizations. The continuing violations were based on a culture of impunity. There must be an end to impunity by those committing the crime. This would create more of a deterrence, and allow victims to speak out about the crimes committed against them. The High Commissioner for Human Rights should strongly oppose the culture of impunity. Armed forces should be trained and taught more about human rights and their actions would not go unrecognised by the international community.
YEUNG KAM YEUNG SIK YUEN, Subcommission Expert, said the working group on contemporary forms of slavery was performing a valuable service. The report on wartime rape and sexual slavery was also commendable. Sexual slavery defied, debased, and shattered human dignity. Systematic rape of women by soldiers had been cited by non-governmental organizations (NGOs); as an independent expert, he considered that the Subcommission must make it known that the use of rape as a weapon of war in whatever country and by whatever soldiers, must not be tolerated.
The review by Mr. Weissbrodt and Anti-Slavery International on the status of conventions against slavery raised the question of how slavery could have existed for so long before it was condemned and eventually banned for the first time in the nineteenth century. The enormous profits flowing from slave labour were perhaps the reason Governments and peoples were able to close their eyes to such an awful practice. There was a need to develop an accurate meaning of slavery that encompassed all such offenses, including the subtle ones now found around the world. There was a long list of violations of fundamental rights associated with slavery. The update paper was a very comprehensive review, and he commended it.
FRANCOISE JANE HAMPSON, Subcommission Expert, said that slavery needed a specific definition and that some of the areas proposed by Mr. Weissbrodt were not acts of slavery as such. Concerning cases of rape in Timor and in the Molocca islands in Indonesia, the Government was still discussing the activities of international organizations in the area which was unfortunate. The Indonesian Government was proving to be more open, but the problem lay in the military and their backing of military groups committing human rights violations.
States should respect their human rights obligations, and should educate their armed forces on human rights standards. She hoped that Japan and other States would start such human rights training for their armies.
MANUEL RODRIGUEZ CUADROS, Subcommission Expert, said the reports under this agenda item were laudable. He supported all the condemnations sounded here against contemporary forms of slavery; these were heinous violations of human rights, whether they took the form of sexual slavery, forced labour, or other reprehensible acts. The emphasis placed on a definition of slavery on the basis of article 2 of the Convention seemed to have resulted in a broad and comprehensive definition, which had been delineated in the report. It was interesting to know where to draw the line; there were situations of migrant workers in Latin America for example that dated back hundreds of years and involved some restrictions of movement, some control over marriage; perhaps these should be termed slavery; in any case these and other abuses of migrant workers around the world should be treated with systems for compensation and reparation of victims and especially for protection. A system needed to be devised for practical protection against contemporary forms of slavery. The working group perhaps could hone its rules of procedure so that it could provide systematic follow-up to situations of slavery around the world; and later the Subcommission could appoint a Special Rapporteur.
In the case of wartime rape and sexual slavery, the need for monitoring and effective implementation of international law, and the establishment of national laws duly enforced, clearly was vital. It also was obvious that the military should not investigate offenses committed by soldiers in these circumstances -- that invited impunity.
ASBJORN EIDE, Subcommission Expert, said the Subcommission should address many of the examples mentioned in today's discussions, including the situation in East Timor, the Mollucca islands, Kashmir and Sri Lanka. The issue of fighting impunity was essential. It brought up questions of proper mechanisms of bringing justice to military leaders who had violated human rights. Using military tribunals to try members of the military for violations was very problematic.
DAVID WEISSBRODT, Subcommission Expert, said the comments of Experts on contemporary forms of slavery had been valuable, and they correctly noted that such problems had not gone away and in fact were a cause of great current concern. The queries about definitions of slavery in his own report were of course of interest to him, but he deferred to what Mr. Sik Yuen had given as a summary; he had done the job very well. Mrs. Hampson had said that perhaps some of the things mentioned in the report were not in fact slavery, but it might help to tell her that the report said that many of the abuses suffered by migrant workers could not be considered slavery. He agreed with her that incest was a problem as was child abuse, but that in general that offense had nothing to do with slavery, either. Mr. Kartashkin's comments perhaps indicated that he had taken the report as summarized out of context.
Other situations had been mentioned in debate that might raise issues of wartime rape and sexual slavery, and he wished to say that Ms. McDougall's report cited examples, but did not attempt to provide a comprehensive list of all such situations around the world.
Rights of Reply
A representative of Nepal, speaking in right of reply, said that the system of bonded labour in Nepal had recently ended. However, the Government faced the problem of rehabilitating the people who had experienced bonded labour. A number of committees had been formed to help in this area. Plans were being developed to assist with monetary compensation those coming out of bonded labour.
A representative of India, speaking in right of reply, said Pakistan was being recalcitrant; it used any excuse to launch a tirade against India. This was a fine report by a reputable expert. Pakistan simply always displayed compulsive hostility; India found it amusing; it was quite bewildered by this behaviour. Pakistan did not go into the merits of the report, it just used the document as an opportunity to fabricate a tirade against India.
A representative of Pakistan, speaking in right of reply, said that the delegation was not questioning the actions of India. It questioned the situation in an area suffering from armed conflict, and facts were that there were human rights violations in Kashmir. Therefore, Pakistan had the right to raise cases of human rights violations. The issue had not been dealt in its totality by the Special Rapporteur.
A representative of India, speaking in a second right of reply, said he had thought this was a forum that would not descend to such a low level. The root cause of the problem in Kashmir was terrorism -- terrorists backed by the military Government of Pakistan, aided and abetted to commit crimes across the border. That was what India was fighting; it was fighting terrorism, according to the law. A military dictatorship was lecturing a democracy about human rights. Pakistan should put its own house in order.
A representative of Pakistan, speaking in a second right of reply, said that his Indian colleague should not discuss the internal situation of Pakistan. If the Indian army could not stop the terrorism, then India should sit down and talk and resolve the issue with the freedom fighters.
A representative of Sudan, speaking in right of reply, said the Association of World Citizens had made unfounded allegations on supposed slavery in the Sudan. The Association had depended on slanderous falsehoods supplied by unscrupulous organizations. Sudan prohibited slavery and fully provided for the human rights of its citizens. It had ratified relevant international conventions on the matter. Sudanese forces were acting legitimately to protect the population against severe and barbarous human-rights violations committed by a rebel movement. The presence of many rapporteurs and other UN officials demonstrated the sincere commitment of Sudan to work constructively to resolve human-rights matters related to civil conflict.
A representative of Indonesia, speaking in right of reply, said that in the Mollucca islands, there were no such rapes as mentioned by Mrs. Hampson. The conflict in the islands was one that the Indonesian Government was attempting to end as it was threatening the democracy of the country as a whole.
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