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16 August 2000
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Subcommission on the Promotion
and Protection of Human Rights
52nd session
16 August 2000
Afternoon
The Subcommission on the Promotion and Protection of Human Rights took up this afternoon its agenda item on "review of further developments in fields with which the Subcommission has been or may be concerned", covering such topics as national, regional and international efforts for human rights; elimination of religious intolerance; encouragement of universal acceptance of human rights instruments; implications of humanitarian activities for the enjoyment of human rights; terrorism; peace and security as an essential condition for the enjoyment of human rights; human rights and disabilities; human rights and scientific and technological developments; the adverse consequences of the transfer of arms and illicit trafficking in arms; and arbitrary deprivation of nationality.
A series of non-governmental organizations (NGOs), national delegations, and Subcommission Experts and Alternate Members addressed these matters, with many speakers expressing dismay over the human-rights impacts of international sanctions and embargoes.
Former Subcommission Expert Marc Bossuyt introduced a paper on the subject, contending, among other things, that sanctions should have time limits and should not be continued if it was clear that they were not having the intended political effects and that they were having negative consequences on vulnerable populations. Sanctions adopted against authoritarian regimes rarely worked, Mr. Bossuyt said -- they just made the poor poorer.
Subcommission Alternate Member Vladimir Kartashkin introduced a working paper on observance of the Universal Declaration of Human Rights by States which were not parties to United Nations human rights conventions, pointing out, among other things, that all countries were bound by the extensive standards of the Universal Declaration and the Charter of the United Nations.
At the beginning of the meeting, the Subcommission concluded its discussion on the situation regarding the promotion and full realization and protection of the rights of children and youth. Belarus and India described national efforts to promote the rights of children and youth in their respective countries.
Addressing the meeting were the following NGOs: United Towns Agency for North-South Cooperation, Medecins du Monde, the Women's International League for Peace and Freedom (a joint statement with seven other NGOs), the World Federation of United Nations Associations (a joint statement with three other NGOs), North-South XXI, the Himalayan Research and Cultural Foundation, Pax Christi International, the African Commission of Health and Human Rights Promoters, International Educational Development, World Evangelical Fellowship, the International Association of Democratic Lawyers, the Afro-Asian People's Solidarity Organization, and the World Federation of Trade Unions.
National delegations spoke from Belarus and India.
Also delivering statements were Subcommission Experts and Alternate Members Erica-Irene A. Daes, Kalliopi Koufa, Francoise Jane Hampson, Vladimir Kartashkin, Halima Embarek Warzazi, Deepika Udagama, David Weissbrodt, Fisseha Yimer, Yozo Yokota, Asbjorn Eide, Louis Joinet, Stanislav Ogurtsov, Manuel Rodriguez Cuadros, and Miguel Alfonso Martinez.
Japan spoke in exercise of the right of reply.
The Subcommission will reconvene at 10 a.m. on Thursday, 17 August, to conclude its debate on this agenda item before taking action on draft resolutions and decisions tabled under a series of agenda items.
Situation regarding the promotion, full realization and protection of the rights of children and youth
I. ANANICH (Belarus) said that protecting the rights of children was the most important social objective to ensure the safety of children and their health for future generations. Last year, there had been a law adopted in Belarus which corresponded with the United Nations principles and described children as a priority. There was a National Action Plan which covered all aspects of children's lives. There were programmes for the children of Chernobyl which consisted in rehabilitating victims and educational programmes. The Government of Belarus was trying to prevent the suffering of children through the reform of medical and other social services. The result of the Chernobyl accident had been a decrease in the standard of national health. There was a national commission on the rights of the child which studied and proposed legislative acts in this field and attempted to improve the current situation for children.
R. N. PRASAD (India) said India's commitment to child rights was centuries old; the current Constitution fully guaranteed child rights and prohibited child labour; childhood was protected against exploitation and moral and material dangers. A National Policy for Children had been adopted in 1974, and an integrated child-development services programme was launched in 1975. A separate department for women and children was set up in 1985 which formulated a plan of action for children.
There had been a significant drop in the mortality rate of all ages of children, in part because of massive immunization programmes. Expansion of school attendance was being vigorously pursued. India hoped that the optional protocols to the Convention on the Rights of the Child would contribute significantly to the well-being of children around the world. Non-State actors also should be bound by child-rights provisions, as India had seen only too well the use of schools in other countries of the region to teach children violence and hatred.
Right of reply
A representative of Japan, exercising his right of reply, said that foreign schools in Japan were not under State regulation with regards to the curriculum. Korean schools were not regulated and this was the reason why these schools were sometimes seen as miscellaneous. The students of these schools had therefore not been recognized in the same manner as those students from regulated schools. It was impossible to determine the quality of studies from non-regulated schools. However, this policy had been changed and examinations were given for further university studies to all students in Japan. If the students passed the exams, no one was discriminated against.
Review of further developments in fields with which the Subcommission has been or may be concerned
Under this agenda item, the Subcommission has before it a note by the secretariat (E/CN.4/Sub.2/2000/31) on terrorism and human rights. The Subcommission had requested the Secretary-General to transmit the preliminary report of the Special Rapporteur to Governments, specialized agencies and concerned intergovernmental and non-governmental organizations with the request that they submit to the Special Rapporteur as soon as possible comments, information and data relating to the study on terrorism and human rights. Due to the problems in collecting the comments, information and data in the time available, the Special Rapporteur proposes to submit her progress report on terrorism and human rights to the Subcommission at its fifty-third session.
The Subcommission has before it a note by the secretariat (E/CN.4/Sub.2/2000/32) on reservations to human rights treaties. In view of the fact that the Commission on Human Rights at its fifty-sixth session decided to request the Subcommission to request Francoise Jane Hampson, Special Rapporteur, to submit to the Subcommission revised terms of reference for her proposed study, further clarifying how this study will complement work already under way on reservations to human rights treaties, in particular the International Law Commission, no document has been prepared by Ms. Hampson for the present session.
The Subcommission has before it a working paper by Marc Bossuyt (E/CN.4/Sub.2/2000/33) on the adverse consequences of economic sanctions on the enjoyment of human rights. The paper consists of chapters on: sanctions and international law, a law of limitation; designing smarter sanctions; and sanction case studies on Iraq, Burundi and Cuba. The paper states that the question of legality, especially in terms of human rights and humanitarian law, has been at best peripheral to the international dialogue on sanctions. The working paper suggests that: any sanction-imposing body should ensure that a sanctions regime passes the six-prong test prior to implementation; the sanctioning body and the international community as a whole should respond with appropriate humanitarian aid to undo the damage as much as possible when a sanctions regime has severe adverse consequences; the full array of legal remedies should be available for victims of sanctions regimes that are at any point in violation of international law; the United Nations should give priority attention to the issue of the adverse consequences of economic sanctions and, as a minimum, should incorporate the proposed six-prong test in all deliberations of sanctions and that non-governmental bodies having information regarding the adverse effects of economic sanctions on a particular country should bring this information to the attention of the Subcommission and the Commission and other relevant United Nations bodies.
The Subcommission has before it under this agenda item a note by the Secretary-General (E/CN.4/Sub.2/2000/34) on the review of further developments summarizing activities in relation to the international covenants on human rights, including those of the Committee on Economic, Social and Cultural Rights, the Committee on the Elimination of Racial Discrimination, the Commission on Human Rights, the Committee against Torture, and the Committee on the Rights of the Child; and remarking on States' reporting obligations under the international covenants and on the status of ratification of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.
Under this agenda item, the Subcommission has before it a review of further developments in fields with which the Subcommission has been or may be concerned and a review of developments concerning recommendations and decisions relating, inter alia, to the encouragement of universal acceptance of human rights instruments and observance of the human rights and fundamental freedoms contained in the universal declaration of human rights by States which are not parties to United Nations human rights conventions. There is an additional working paper submitted by Vladimir Kartashkin pursuant to Subcommission resolution 1999/28 (E/CN.4/Sub.2/2000/2). The review focuses on ratification by States of the international covenants on human rights and other conventions containing the human rights and fundamental freedoms proclaimed in the universal declaration of human rights; possible obstacles to ratification of the international covenants on human rights; identifying the obstacles to ratification of the covenants and seeking ways to overcome them; and the establishment of a mechanism for encouraging efforts by States to observe the human rights and fundamental freedoms contained in the universal declaration, and their ratification of the international covenants on human rights.
Statements
ERICA-IRENE A. DAES, Subcommission Expert, said there was need to study the reasons why the Roma, after living in the same countries for centuries, continued to encounter problems of discrimination. Effective administration of justice, meanwhile, constituted the prerequisite for the protection of human rights in any country.
The freedom to leave one's country and to return to it could not be discussed without focusing on economic migration, which continued to increase, and which included more and more migrants without proper papers. Obviously countries were concerned with stopping irregular migration and stopping trafficking of persons by organized crime. Asylum-seekers and refugees fleeing armed conflicts and political persecution were also often exploited by smugglers; in many cases these asylum seekers were simply dumped in remote areas without food or resources, sometimes with tragic results. In other cases, smugglers dumped their passengers into the sea without life preservers, and they drowned. These crimes deserved investigation by the Subcommission. The widening practice of intercepting migrants without proper documentation was not acceptable, in her view, and it often hindered the human rights of asylum seekers and refugees. She thought there should be a separate agenda sub-item on smuggling and trafficking in persons.
MARK BOSSUYT, former Subcommission Expert and Special Rapporteur on the adverse consequences of economic sanctions on the enjoyment of human rights, presented his working paper on the subject. He said that the Subcommission had been impatient to address the sanctions issue. It was most important to question the viability of sanctions: were the sanctions imposed for valid reasons and was there a real threat to international peace; did they target the proper target or civilians; did they target proper goods; were they reasonably time limited as one could not continue economic sanctions if there were no political results; were they effective in producing desired results; and did their effects violate the principles of human rights.
Sanctions were based on the idea that with economic pressure, a political situation would change. This basis was obsolete, particularly when there was no democratic regime, but a totalitarian one. Usually, sanctions made the poor poorer and the rich richer. It had been revealed that whether they were strict or effective, sanctions affected civilians more than the leadership. The working paper consisted of case studies presenting three different types of sanctions. These were the sanctions in Cuba, Iraq and Burundi. More detailed studies were required and some kind of yardstick was needed to measure the effectiveness or the adverse effect of sanctions. Sanctions had proved to be politically and morally ineffective and deplorable.
KALLIOPI KOUFA, Alternate Subcommission Member and Special Rapporteur on terrorism and its effect on human rights, said she had made every effort to continue and supplement her research on her topic; unfortunately, it became impossible to finalize her progress report. Last year's resolution had been amended by the Commission with regard to her mandate, with the change ratified by the Economic and Social Council only last month, with the result that the Secretariat was not able to implement what was requested there-in. Further, the Secretariat had not transmitted until now her preliminary report to Governments, intergovernmental and non-governmental organizations for their comments, which were indispensable for her to progress with her study. The delay in setting her mandate also had made it impossible for her until now to carry out any visit to UN offices for consultations with competent services and bodies. She would vigorously pursue her study with the intention of presenting it next year.
FRANCOISE JANE HAMPSON, Subcommission Expert, apologized that there was no report on reservations to human rights treaties to present to this session. The Commission on Human Rights had asked her to submit revised terms of reference, further clarifying how the study would complement the work under-way on reservations to human rights treaties. Since the Commission had not authorized her appointment as Special Rapporteur and had not made available the necessary resources to undertake the work, she had no report to submit to the Subcommission. She had been in touch with the International Law Commission and was examining the actual reservations to human rights treaties. She hoped there would be a preliminary report to present to the Subcommission next year.
VLADIMIR KARTASHKIN, Alternate Subcommission Member, introducing a working paper on observance of the Universal Declaration of Human Rights by States which were not parties to United Nations human rights conventions, said all States had obligations to uphold basic human rights and freedoms which were derived from the Universal Declaration and the Charter of the United Nations. Many norms were enshrined in the Universal Declaration and they had become binding on all States regardless of whether they were parties to other covenants or not. It was no coincidence that many speakers at the Subcommission this year had referred to the Universal Declaration.
About 50 States had not ratified either covenant -- on civil and political or economic, social and cultural rights. Most were in Africa and Asia. The reasons for non-ratification could be divided into long-term and minor obstacles. To get around the long-term barriers, international help clearly was needed -- the problems included political instability in States, long-standing cultural and religious traditions, and other factors. Minor obstacles included lack of fully reliable information about the covenants, false perceptions of their contents, and, above all, worries about the consequences of ratifying the covenants. These concerns were very rarely justified, and sometimes were based on inaccurate ideas of the economic costs of ratification. He proposed a working group to advocate ratifications, to hold a seminar attended by States which had not ratified the covenants and States which had and could provide accurate information, as well as Subcommission members. The intent would be to come up with a mechanism to help achieve ratifications and to help States observe and comply with international human-rights standards.
HALIMA EMBAREK WARZAZI, Subcommission Expert, said the arguments in the working paper were clear and convincing. This study was warranted given the catastrophic situation many innocent civilian people were suffering due to being born in a specific country. According to sources and simple calculations, the share of basic products of food and health material was not sufficient for the suffering population of Iraq. The Executive Director of the Oil-for-Food programme had denounced the freezing of contracts. In his report following a visit, he had said that the sanctions committee had to show greater wisdom and sense. Most Iraqi purchases had been cancelled for security reasons raised by a small number of members. Embargos affected the most innocent people first and foremost, women and children. The situation in Burundi was the same as there was evidence that sanctions affected the population but not the leaders. The American embargo against Cuba was imposed without consulting other Member States of the United Nations. Above and beyond the UN Charter, a number of countries had been victims of unilateral sanctions. A Special Rapporteur should be appointed on this issue and given a case study on the effects of sanction on one nation. This report would surely have positive effects.
DEEPIKA UDAGAMA, Alternate Subcommission Member, said there was a need for human-rights bodies, including the Commission on Human Rights and human-rights non-governmental organizations, to attend and to have a strong input into the upcoming UN conference on illicit trafficking in small arms. There had been great emphasis in the UN, and rightly, on weapons of mass destruction, but in fact it was small arms and light weapons that currently had the greatest impact on human rights around the world. Such weapons were proliferating, and guns killed. There was not only the direct impact, furthermore, but the chilling effect such trade in arms had on peace, business confidence, public confidence, development, and civic hope. The easy circulation of small arms could be a negative and complicating factor for efforts to implement peace agreements. It was often connected to other scourges, such as the international drug trade.
A comprehensive and effective international regime was needed to back up several regional efforts to limit small-arms trafficking. Absence of an international regulatory framework was acutely felt. The Subcommission should seriously deliberate on the human-rights implications of the small-arms trade.
DAVID WEISSBRODT, Subcommission Expert, said that August 6 marked the tenth anniversary of the sanctions placed on Iraq. Since the sanctions policy had been in effect, conditions in Iraq had been characterized by increasing rates of child malnutrition and mortality, and deteriorating health indicators for all segments of the population. Iraq had undergone two international wars and Iraq's infrastructure could not be repaired under the current situation. The oil-for-food programme had alleviated some problems, but had not prevented the collapse of the health system or the deterioration of water supplies. The Security Council panel had recommended the five following measures: removing the ceiling placed on Iraq's exports; allowing private international investment to rehabilitate Iraq's oil industry; preapproval of applications to import food, pharmaceutical, medical, agricultural and educational equipment; cash component by way of payment for installation by and training for Iraqi workers and professionals; and steps to end the intellectual and informational isolation.
It was time that the sanctions policy be brought in line with international humanitarian and human rights standards. While the Security Council was certainly within its legal right within the UN Charter to implement policy designed to bring Iraq in line with international peace and security obligations, it should not assume the authority of denying an entire population their most basic rights and necessities.
FISSEHA YIMER, Subcommission Expert, said the study on the effects of sanctions was impressive and topical, especially as the Security Council was doing a great deal of soul-searching about sanctions. It was important to inject human-rights considerations into the extensive international dialogue going on over the issue, in the Security Council and other fora. It also was vital, as noted, to evaluate sanctions to see if they were accomplishing their purpose, or if they were having unacceptable human-rights effects on innocent people. Perhaps the Subcommission should carry out its own annual review of ongoing sanctions regimes, based on Mr. Bossuyt's proposed "six-prong test".
Mr. Kartashkin's study, while deserving of support, perhaps should not list specific countries that had not ratified the various covenants -- it could rub those Governments the wrong way and be counterproductive. And it would be interesting to know how Mr. Kartashkin had reached his conclusions on what amounted to "long-term" and easily removed obstacles to ratification -- was this speculation, or had there been a survey or study?
YOZO YOKOTA, Subcommission Expert, said the working paper was well formulated and well-analysed. He was particularly interested in the six-prong mechanism to verify the viability of sanctions. Perhaps there should be a clearer distinction between UN authorized economic sanctions and unilateral economic sanctions. The GATT had an exception article, if the member was acting under UN Security Council sanctions, one nation could avoid trading with another. Perhaps more could have been said about this in the report. It was unfortunate that Mrs. Hampson had not been able to present her report, as the topic of reservations to treaties was very important and a necessary area to look into. Reservations and universality balance in human rights treaties was also interesting to look into. In this regard, it was important to avoid compromising the integrity of treaties. There was an interesting overlap in this field between Mrs. Hampson and Mr. Kartashkin.
Universal human rights conventions should be respected by all nations, whether members or non-members of the treaties. Every State had to be involved in this kind of effort, it was a question which went beyond membership.
ASBJORN EIDE, Subcommission Expert, said he fully endorsed the need for international cooperation in the field of human rights, and one way to achieve the desired dialogue was to pursue universal ratification of the basic human-rights instruments and the reduction of reservations to these treaties. Dialogue also could be carried out electronically in this modern world, and it was a matter of concern to him that some States were blocking such dialogue -- Iran, for example, was now blocking some satellite broadcasts for questionable reasons.
It had to be emphasized that even the Security Council was not exempt from international human-rights norms, and that the human-rights implications of sanctions imposed by the Security Council had to be taken into account by that body. Governments that were targets of sanctions had human-rights responsibilities too; they should not fight the sanctions only through one-sided propaganda. The Iraqi Government was authoritarian and repressive, it was true, and its charge of genocide perhaps went a bit too far, but in the end that was not the point. The point was that the sanctions were hurting vulnerable and innocent people. He thought perhaps Ms. Udagama could be persuaded to continue the study on trafficking in small arms that had been begun by a former Subcommission member.
LOUIS JOINET, Subcommission Expert, referred to Mr. Kartashkin's report and stated that he agreed entirely with it. Regarding Iraq, Mr. Joinet had noted the footnote of the interview with Ms. Albright. When asked how she felt about half a million children having died as a result of the sanctions, she had replied that it was a price that the United States was willing to pay. After a response like that, only a minute of silence seemed appropriate. With regard to the sanctions against Cuba, Mr. Joinet questioned what kind of threat Cuba could be to the Unites States. The adverse effects on the Cuban population was clear. However, there were also adverse on American policy, as the embargo on Cuba only seemed to serve to pander to the pro-Cuban movement. The extraterritorial nature of these sanctions, meaning that everyone was indirectly involved and affected, was an unacceptable situation.
STANISLAV OGURTSOV, Subcommission Expert, said Mr. Kartashkin's working paper on the extent of ratifications of core human-rights instruments gave little justification for optimism; it also was discouraging that rates of ratification seemed to have slowed down. He hoped the Secretary-General's appeal to countries to achieve universal ratification during the millennium year would yield some fruit. It also was important for reservations to these treaties to be withdrawn. He approved of the proposal of a seminar on non-ratification.
MANUEL RODRIGUEZ CUADROS, Subcommission Expert, referred to the reports presented. The paper on sanctions and their adverse effects was serious and reflective. It also had a good legal approach and made a good contribution to the subject. The situation in Iraq was a good example. The issue of the legality of sanctions was important as there had only been marginal discussions as to their legality. Looking at the United Nations Charter, it stated that sanctions in the collective security system of the world were allowed. Concerning sanctions under chapter 7, the question of legality took on particular importance as one needed to establish a certain number of parameters as to the time limits that should be adhered to. Limits would allow for Security Council decisions to be considered within the framework of limits. It was interesting to hear the proposal of the six-pronged test before implementation of sanctions. This proposal could provide ongoing reflection on these questions and it could encourage the Security Council to take operational criteria into account. With regard to the victims of sanctions and their right to request compensation, this was directly linked to the human rights system and should be taken seriously. It was vital to take a practical approach which could entail 'smart sanctions'. On the question of genocide in Iraq, there was agreement that the term genocide should be carefully used with adequate evidence.
Mr. Rodriguez Cuadros agreed with Mr. Kartashkin's report and endorsed his recommendations; his goals reflected aspirations common to all States, peoples and victims, that was, when the universal expression of human rights was accepted and respected. States which had not yet ratified the Covenant should do so as soon as possible.
MIGUEL ALFONSO MARTINEZ, Subcommission Expert, said this was a valuable and interesting agenda item and the debate had been important. All the questions here warranted in-depth treatment, despite the Subcommission's time pressures. The working paper on sanctions was in fact a study, and was most useful. He was not sure he agreed that some countries should not be cited by name in Subcommission documents. He was not sure about Mr. Bossuyt's treatment of the Security Council's powers, if one checked carefully the formal language of the Charter, but he agreed entirely with the conclusion that the theory of sanctions was morally and practically bankrupt. He also was not sure about the use of the term "authoritarian regime" -- the term had never been satisfactorily defined to him. He also thought one had to decide whether specific sanctions regimes were internationally legal. Mr. Bossuyt was quite accurate in his analysis of the sanctions against Cuba -- they were damaging and illegal.
VLADIMIR KARTASHKIN, Alternate Subcommission Member, said there were 15 different subjects under the current item. Unfortunately, these issues were always discussed at the end of the session. Some subjects were very topical, and others were out of date. It was suggested that some be taken out for next year to allow a deeper discussion on the rest. Next session, it would be useful if some issues were discussed separately, such as terrorism and human rights, and that the question of observance of human rights and fundamental freedoms contained in the Universal Declaration of Human Rights by States which were not parties to United Nations human rights conventions, be included.
HENRY BANDIER, of the United Towns Agency for North-South Cooperation, said one subject affected all others, and was not discussed enough -- the right to life. A life lived without social equality was in a way a violation of the right to life, for example. As long as a human being could not fully enjoy life, everyone had to meet as they did here to try to improve matters. Solutions still had to be proposed to the leaders of the planet in the hope of establishing a more just, healthier, more human, and better world.
The Subcommission should include in its future work the notion of duty, which was too often forgotten in fora and textbooks. It was too often forgotten that people were responsible for others, as were Governments. In a sense, duties were more important than rights. International instruments often referred to obligations, but he did not find that term correct -- an obligation was imposed from outside, but a duty came from within, was something that came from the heart and the mind. A working group should draw up a declaration on universal duties related to human rights, so that human traditional and fundamental values were not lost.
ALEXANDRE KAMAROTOS, of Medecin du Monde, said that no one could ignore the difficulty of putting the protection of people into the limelight of the international community. Everyone could see that civilian populations were increasingly vulnerable to armed conflicts. Civilians were now becoming bargaining chips in the crossfire between waring factions. Non-governmental organizations and journalists were convinced that there was a need to protect the civilian population. There was a clear lack of political will, and no body supplied objective data on the actual figures of civilians suffering. There had to be an independent body that could supply independent and autonomous information on the current situations. The mandate of this body would be to evaluate the need for protection and humanitarian assistance. This body could act as a compliment to existing human rights bodies and mechanism.
MICHAELA TOLD, of the Women's International League for Peace and Freedom, speaking on behalf of seven other NGOs, said illicit trafficking in small arms continued, despite action by the Security Council and General Assembly, to cause major human-rights problems, with millions of people killed by these weapons. An estimated 500 million of these weapons were in global circulation; they were easily transported and durable; they were affordable to State and non-State actors of every kind. They contributed heavily to the sustaining of cultures of violence and were responsible for widespread human-rights violence. The fact that they were available meant they were used in times of conflict, thus eliminating what might be the better option -- dialogue that could resolve conflicts. Even family disputes were too often resolved through the use of firearms. Not surprisingly, women regarded household weapons as threats while men regarded them as security. Conflicts perpetuated by small arms impacted very negatively on women, moreover.
The upcoming UN world conference on illicit trade in small arms should be supported and effectively contributed to by the Subcommission and Commission on Human Rights, so that the human-rights dimension of the matter was reflected in the conference. The Subcommission should also study the matter on its own.
L. H. HORACE PERERA, of the World Federation of United Nations Associations, on behalf of two other non-governmental organizations, said that resolution 2000/33 did not stress the inalienable right of children to receive education in the religions or belief of their parents or legal guardians. In several other articles, there had been an emphasis on the rights of parents or legal guardians to chose for their children schools other than those established by public authorities to ensure the religious and moral education of their children in conformity with their own. A more effective clause was required. This should not be difficult to establish as all major religions called for respect for the freedom of the religion of others. Running through the varied tapestry of all these teachings, it was clear and simple: 'Do not do to another what you would not like another to do unto you'. This, said the Prophet Hillel 'is the whole law. The rest is all commentary'.
LYNA AL TABAL, of North-South XXI, said terrorism had been discussed over the years in relation to the occupied Palestinian territories; without small arms, Palestinian resistance would continue, as nothing could deny Palestinians their right to self-determination. The United Nations itself had said that occupation violated international law and threatened international peace. Resistance to occupation was a legitimate national right which was very far from any kind of terrorism. States or individuals could commit terrorist acts, such as Israel had committed against Palestine. Israel, as the occupying power, repeatedly violated human rights in the face of international opposition, among other things by establishing settlements on land that was not their own and by depriving the rightful citizens of Palestine of their housing.
The Subcommission must call for application of the fourth Geneva Convention in the occupied territories and for an end to Israeli terrorism.
K. WARIKOO, of the Himalayan Research and Cultural Foundation, said the scourge of terrorism had been universally recognized as the main challenge threatening domestic and international peace and security. Despite repeated condemnations and appeals by the international community for an end to acts of terrorism perpetrated by terrorist groups, there was no end in their atrocities on innocent victims, including women and children. The phenomenon of terrorism had acquired multiple and dangerous dimensions, particularly the increased role of religious terrorist groups, proliferation of small arms, narco-terrorism, money laundering and proxy wars. Particular attention should be drawn to the worst ever carnage perpetrated on August 1 and 2 by Islamist terrorists belonging to Pakistan-based terrorist groups which had left dead over 100 civilians belonging to the Hindu minority. The Subcommission was urged, in keeping with the spirit of the Security Council resolution of October 19, 1999, to act to achieve definite results in the international battle against terrorism.
JULIA STUCKEY, of Pax Christi International, said the war in the Democratic Republic of the Congo was about to enter its third year without any end in sight; the damage to the economy and the population was extensive; the population was deprived of its basic human rights and needs; in many areas the church was the only remaining channel of providing assistance. Despite repeated attempts to end the hostilities, problems were worsening. Pax Christi now believed that only a concerted international intervention could end this mounting tragedy.
What was essential for the international community to do was apply an immediate and thorough arms embargo, including of small arms, against all countries involved in the conflict; withdrawal of all foreign troops; establishment of an effective UN peacekeeping force; vigorous international support for the Lusaka peace accord; convening of an international Central African peace conference to be attended by all parties to the conflict; and creation of a major social development fund for use in the country and surrounding countries, to be linked to troop withdrawals and re-establishment of civilian control and the rule of law.
MAHMOUD LAVASSANI, of the African Commission of Health and Human Rights Promoters, said that there was rampant discrimination based on religion. The only way to bring an end to the suffering of millions of civilians was tolerance and the study of the causes of religious discrimination. One needed to look at psychological, social and cultural reasons for intolerance and discrimination. Lasting solutions had to be found for the sake of future generations. One had to bear in mind that resolutions were not unrealizable aspirations. If the roots of the problem were found, proper solutions could be found to discrimination. This would be possible if Governments established programmes of study and investigations. A thousand years ago, a Persian philosopher had stated that a gram of prevention was better that a tonne of cures.
ADAM BRANCH, of International Educational Development, said the organization had mentioned the adverse consequences of economic sanctions on Iraq as far back as 1996, and also had mentioned the use of depleted-uranium weapons against Iraq. Depleted-uranium weaponry in fact violated international humanitarian law -- it was unacceptable, and yet the same weaponry had been used by US/UK NATO forces against the Republic of Yugoslavia.
Mr. Bossuyt's study on the human-rights effects of sanctions was a valuable report. Such sanctions, moreover, had long-lasting effects that endured well after the embargoes were ended. The U.S. defense of the Iraqi embargo was almost hysterical these days, and it was trying to stifle debate on the matter, but that was because the country enjoyed tremendous economic gains from its unilateral control of the oil-for-food programme which provided undue preference for U.S. businesses. The Subcommission should act on Mr. Bossuyt's recommendations concerning economic sanctions.
ELIZABETH BATHA, of World Evangelical Fellowship, said that the freedom to form one's own opinions lay at the very core of human rights and dignity. The existence of a blasphemy law carrying criminal penalties, and most particularly the death penalty, was a serious affront to all those concerned about human rights. Throughout Central Europe, it was alarming that laws had been set in place to control religion and limit the ability of minority religious groups to function. This was particularly pertinent in the Czech Republic where a minimum number of 20,000 members were required in an attempt to prevent religious freedom. The situation in Laos was also of concern, there had been reports of detentions and oppression of those who 'believed in Jesus'. These problems did not receive enough attention and the Subcommission was urged to see to that religious freedom be accorded its proper place in the considerations of the United Nations.
YORIO SHIOKAWA, of the International Association of Democratic Lawyers, said the organization had recruited more than 7,000 signatures on a petition addressed to Government authorities demanding immediate ratification by Japan of the optional protocol to the International Covenant on Civil and Political Rights. Japan still infringed on workers' rights, including through its Ministry of Finance, which had brought about a split in a trade union acting on behalf of customs and national taxation officials and which had been trying to improve the working conditions of its members. The action was intended to exclude the union from the workplace.
Japan's prison law unfairly limited sending and receiving of letters, visits, and meals and did not comply with the UN's basic principles on the treatment of detainees. Steps should be taken to end these problems.
A. M. ALI, of the Afro-Asian Peoples Solidarity Organization, said the last century saw wars and massacres carried out in the name of religious animosity, racial discrimination and intolerance. The spill-over effects were still with us. The twentieth century was an era of great achievements in the field of science and technology - all of which paled before continuing inability to comprehend that we were all human beings and therefore equal. Racial prejudice and religious intolerance often merged. In Afghanistan, the Sunni Taliban had similar background to the Mujahideen. In Bangladesh, a war had been fought to end a system that perpetuated the concept of second class citizens. If racism and intolerance were to be eradicated, action against terrorist groups that preached intolerance backed by arms was required as was: action to eradicate the educational structure that bred ideologies of intolerance; action to stem the financial flows that sustained such groups; action to ensure that countries like Pakistan reformulated their Constitution and legal structures to ensure equality and a concerted action to rid the world of the Taliban, their ideology and their backers for they represented the most reprehensible face of intolerance.
GENEI SHIMOJI, of the World Federation of Trade Unions, said children were the greatest sufferers from terrorism. Toddlers were killed themselves or shrieked over the dead bodies of their parents; they jumped for years afterward at any loud noise. Another category of children had never known carefree childhoods; they had been taken by terrorist groups and turned into killing machines at an innocent age. In East Timor, Bosnia, Mindanao, Afghanistan, and Kashmir, children had seen incessant violence throughout their formative years; those who were the victims of violence were known to all -- the children of Afghanistan with their false limbs, the children of Kashmir in their refugee camps, voices dull with horror.
He had come across publications from Pakistan detailing the kind of education that many religious schools provided young children; recent issues of some prestigious magazines carried cover photos of very young children brandishing automatic weapons; in some of these schools, the alphabet was taught according to the first letters of weapons. If the world was to address the issue of terrorism and human rights, it had to demand an immediate dismantling of educational structures that taught children the alphabet in the language of death.
* *** *
and Protection of Human Rights
52nd session
16 August 2000
Afternoon
The Subcommission on the Promotion and Protection of Human Rights took up this afternoon its agenda item on "review of further developments in fields with which the Subcommission has been or may be concerned", covering such topics as national, regional and international efforts for human rights; elimination of religious intolerance; encouragement of universal acceptance of human rights instruments; implications of humanitarian activities for the enjoyment of human rights; terrorism; peace and security as an essential condition for the enjoyment of human rights; human rights and disabilities; human rights and scientific and technological developments; the adverse consequences of the transfer of arms and illicit trafficking in arms; and arbitrary deprivation of nationality.
A series of non-governmental organizations (NGOs), national delegations, and Subcommission Experts and Alternate Members addressed these matters, with many speakers expressing dismay over the human-rights impacts of international sanctions and embargoes.
Former Subcommission Expert Marc Bossuyt introduced a paper on the subject, contending, among other things, that sanctions should have time limits and should not be continued if it was clear that they were not having the intended political effects and that they were having negative consequences on vulnerable populations. Sanctions adopted against authoritarian regimes rarely worked, Mr. Bossuyt said -- they just made the poor poorer.
Subcommission Alternate Member Vladimir Kartashkin introduced a working paper on observance of the Universal Declaration of Human Rights by States which were not parties to United Nations human rights conventions, pointing out, among other things, that all countries were bound by the extensive standards of the Universal Declaration and the Charter of the United Nations.
At the beginning of the meeting, the Subcommission concluded its discussion on the situation regarding the promotion and full realization and protection of the rights of children and youth. Belarus and India described national efforts to promote the rights of children and youth in their respective countries.
Addressing the meeting were the following NGOs: United Towns Agency for North-South Cooperation, Medecins du Monde, the Women's International League for Peace and Freedom (a joint statement with seven other NGOs), the World Federation of United Nations Associations (a joint statement with three other NGOs), North-South XXI, the Himalayan Research and Cultural Foundation, Pax Christi International, the African Commission of Health and Human Rights Promoters, International Educational Development, World Evangelical Fellowship, the International Association of Democratic Lawyers, the Afro-Asian People's Solidarity Organization, and the World Federation of Trade Unions.
National delegations spoke from Belarus and India.
Also delivering statements were Subcommission Experts and Alternate Members Erica-Irene A. Daes, Kalliopi Koufa, Francoise Jane Hampson, Vladimir Kartashkin, Halima Embarek Warzazi, Deepika Udagama, David Weissbrodt, Fisseha Yimer, Yozo Yokota, Asbjorn Eide, Louis Joinet, Stanislav Ogurtsov, Manuel Rodriguez Cuadros, and Miguel Alfonso Martinez.
Japan spoke in exercise of the right of reply.
The Subcommission will reconvene at 10 a.m. on Thursday, 17 August, to conclude its debate on this agenda item before taking action on draft resolutions and decisions tabled under a series of agenda items.
Situation regarding the promotion, full realization and protection of the rights of children and youth
I. ANANICH (Belarus) said that protecting the rights of children was the most important social objective to ensure the safety of children and their health for future generations. Last year, there had been a law adopted in Belarus which corresponded with the United Nations principles and described children as a priority. There was a National Action Plan which covered all aspects of children's lives. There were programmes for the children of Chernobyl which consisted in rehabilitating victims and educational programmes. The Government of Belarus was trying to prevent the suffering of children through the reform of medical and other social services. The result of the Chernobyl accident had been a decrease in the standard of national health. There was a national commission on the rights of the child which studied and proposed legislative acts in this field and attempted to improve the current situation for children.
R. N. PRASAD (India) said India's commitment to child rights was centuries old; the current Constitution fully guaranteed child rights and prohibited child labour; childhood was protected against exploitation and moral and material dangers. A National Policy for Children had been adopted in 1974, and an integrated child-development services programme was launched in 1975. A separate department for women and children was set up in 1985 which formulated a plan of action for children.
There had been a significant drop in the mortality rate of all ages of children, in part because of massive immunization programmes. Expansion of school attendance was being vigorously pursued. India hoped that the optional protocols to the Convention on the Rights of the Child would contribute significantly to the well-being of children around the world. Non-State actors also should be bound by child-rights provisions, as India had seen only too well the use of schools in other countries of the region to teach children violence and hatred.
Right of reply
A representative of Japan, exercising his right of reply, said that foreign schools in Japan were not under State regulation with regards to the curriculum. Korean schools were not regulated and this was the reason why these schools were sometimes seen as miscellaneous. The students of these schools had therefore not been recognized in the same manner as those students from regulated schools. It was impossible to determine the quality of studies from non-regulated schools. However, this policy had been changed and examinations were given for further university studies to all students in Japan. If the students passed the exams, no one was discriminated against.
Review of further developments in fields with which the Subcommission has been or may be concerned
Under this agenda item, the Subcommission has before it a note by the secretariat (E/CN.4/Sub.2/2000/31) on terrorism and human rights. The Subcommission had requested the Secretary-General to transmit the preliminary report of the Special Rapporteur to Governments, specialized agencies and concerned intergovernmental and non-governmental organizations with the request that they submit to the Special Rapporteur as soon as possible comments, information and data relating to the study on terrorism and human rights. Due to the problems in collecting the comments, information and data in the time available, the Special Rapporteur proposes to submit her progress report on terrorism and human rights to the Subcommission at its fifty-third session.
The Subcommission has before it a note by the secretariat (E/CN.4/Sub.2/2000/32) on reservations to human rights treaties. In view of the fact that the Commission on Human Rights at its fifty-sixth session decided to request the Subcommission to request Francoise Jane Hampson, Special Rapporteur, to submit to the Subcommission revised terms of reference for her proposed study, further clarifying how this study will complement work already under way on reservations to human rights treaties, in particular the International Law Commission, no document has been prepared by Ms. Hampson for the present session.
The Subcommission has before it a working paper by Marc Bossuyt (E/CN.4/Sub.2/2000/33) on the adverse consequences of economic sanctions on the enjoyment of human rights. The paper consists of chapters on: sanctions and international law, a law of limitation; designing smarter sanctions; and sanction case studies on Iraq, Burundi and Cuba. The paper states that the question of legality, especially in terms of human rights and humanitarian law, has been at best peripheral to the international dialogue on sanctions. The working paper suggests that: any sanction-imposing body should ensure that a sanctions regime passes the six-prong test prior to implementation; the sanctioning body and the international community as a whole should respond with appropriate humanitarian aid to undo the damage as much as possible when a sanctions regime has severe adverse consequences; the full array of legal remedies should be available for victims of sanctions regimes that are at any point in violation of international law; the United Nations should give priority attention to the issue of the adverse consequences of economic sanctions and, as a minimum, should incorporate the proposed six-prong test in all deliberations of sanctions and that non-governmental bodies having information regarding the adverse effects of economic sanctions on a particular country should bring this information to the attention of the Subcommission and the Commission and other relevant United Nations bodies.
The Subcommission has before it under this agenda item a note by the Secretary-General (E/CN.4/Sub.2/2000/34) on the review of further developments summarizing activities in relation to the international covenants on human rights, including those of the Committee on Economic, Social and Cultural Rights, the Committee on the Elimination of Racial Discrimination, the Commission on Human Rights, the Committee against Torture, and the Committee on the Rights of the Child; and remarking on States' reporting obligations under the international covenants and on the status of ratification of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.
Under this agenda item, the Subcommission has before it a review of further developments in fields with which the Subcommission has been or may be concerned and a review of developments concerning recommendations and decisions relating, inter alia, to the encouragement of universal acceptance of human rights instruments and observance of the human rights and fundamental freedoms contained in the universal declaration of human rights by States which are not parties to United Nations human rights conventions. There is an additional working paper submitted by Vladimir Kartashkin pursuant to Subcommission resolution 1999/28 (E/CN.4/Sub.2/2000/2). The review focuses on ratification by States of the international covenants on human rights and other conventions containing the human rights and fundamental freedoms proclaimed in the universal declaration of human rights; possible obstacles to ratification of the international covenants on human rights; identifying the obstacles to ratification of the covenants and seeking ways to overcome them; and the establishment of a mechanism for encouraging efforts by States to observe the human rights and fundamental freedoms contained in the universal declaration, and their ratification of the international covenants on human rights.
Statements
ERICA-IRENE A. DAES, Subcommission Expert, said there was need to study the reasons why the Roma, after living in the same countries for centuries, continued to encounter problems of discrimination. Effective administration of justice, meanwhile, constituted the prerequisite for the protection of human rights in any country.
The freedom to leave one's country and to return to it could not be discussed without focusing on economic migration, which continued to increase, and which included more and more migrants without proper papers. Obviously countries were concerned with stopping irregular migration and stopping trafficking of persons by organized crime. Asylum-seekers and refugees fleeing armed conflicts and political persecution were also often exploited by smugglers; in many cases these asylum seekers were simply dumped in remote areas without food or resources, sometimes with tragic results. In other cases, smugglers dumped their passengers into the sea without life preservers, and they drowned. These crimes deserved investigation by the Subcommission. The widening practice of intercepting migrants without proper documentation was not acceptable, in her view, and it often hindered the human rights of asylum seekers and refugees. She thought there should be a separate agenda sub-item on smuggling and trafficking in persons.
MARK BOSSUYT, former Subcommission Expert and Special Rapporteur on the adverse consequences of economic sanctions on the enjoyment of human rights, presented his working paper on the subject. He said that the Subcommission had been impatient to address the sanctions issue. It was most important to question the viability of sanctions: were the sanctions imposed for valid reasons and was there a real threat to international peace; did they target the proper target or civilians; did they target proper goods; were they reasonably time limited as one could not continue economic sanctions if there were no political results; were they effective in producing desired results; and did their effects violate the principles of human rights.
Sanctions were based on the idea that with economic pressure, a political situation would change. This basis was obsolete, particularly when there was no democratic regime, but a totalitarian one. Usually, sanctions made the poor poorer and the rich richer. It had been revealed that whether they were strict or effective, sanctions affected civilians more than the leadership. The working paper consisted of case studies presenting three different types of sanctions. These were the sanctions in Cuba, Iraq and Burundi. More detailed studies were required and some kind of yardstick was needed to measure the effectiveness or the adverse effect of sanctions. Sanctions had proved to be politically and morally ineffective and deplorable.
KALLIOPI KOUFA, Alternate Subcommission Member and Special Rapporteur on terrorism and its effect on human rights, said she had made every effort to continue and supplement her research on her topic; unfortunately, it became impossible to finalize her progress report. Last year's resolution had been amended by the Commission with regard to her mandate, with the change ratified by the Economic and Social Council only last month, with the result that the Secretariat was not able to implement what was requested there-in. Further, the Secretariat had not transmitted until now her preliminary report to Governments, intergovernmental and non-governmental organizations for their comments, which were indispensable for her to progress with her study. The delay in setting her mandate also had made it impossible for her until now to carry out any visit to UN offices for consultations with competent services and bodies. She would vigorously pursue her study with the intention of presenting it next year.
FRANCOISE JANE HAMPSON, Subcommission Expert, apologized that there was no report on reservations to human rights treaties to present to this session. The Commission on Human Rights had asked her to submit revised terms of reference, further clarifying how the study would complement the work under-way on reservations to human rights treaties. Since the Commission had not authorized her appointment as Special Rapporteur and had not made available the necessary resources to undertake the work, she had no report to submit to the Subcommission. She had been in touch with the International Law Commission and was examining the actual reservations to human rights treaties. She hoped there would be a preliminary report to present to the Subcommission next year.
VLADIMIR KARTASHKIN, Alternate Subcommission Member, introducing a working paper on observance of the Universal Declaration of Human Rights by States which were not parties to United Nations human rights conventions, said all States had obligations to uphold basic human rights and freedoms which were derived from the Universal Declaration and the Charter of the United Nations. Many norms were enshrined in the Universal Declaration and they had become binding on all States regardless of whether they were parties to other covenants or not. It was no coincidence that many speakers at the Subcommission this year had referred to the Universal Declaration.
About 50 States had not ratified either covenant -- on civil and political or economic, social and cultural rights. Most were in Africa and Asia. The reasons for non-ratification could be divided into long-term and minor obstacles. To get around the long-term barriers, international help clearly was needed -- the problems included political instability in States, long-standing cultural and religious traditions, and other factors. Minor obstacles included lack of fully reliable information about the covenants, false perceptions of their contents, and, above all, worries about the consequences of ratifying the covenants. These concerns were very rarely justified, and sometimes were based on inaccurate ideas of the economic costs of ratification. He proposed a working group to advocate ratifications, to hold a seminar attended by States which had not ratified the covenants and States which had and could provide accurate information, as well as Subcommission members. The intent would be to come up with a mechanism to help achieve ratifications and to help States observe and comply with international human-rights standards.
HALIMA EMBAREK WARZAZI, Subcommission Expert, said the arguments in the working paper were clear and convincing. This study was warranted given the catastrophic situation many innocent civilian people were suffering due to being born in a specific country. According to sources and simple calculations, the share of basic products of food and health material was not sufficient for the suffering population of Iraq. The Executive Director of the Oil-for-Food programme had denounced the freezing of contracts. In his report following a visit, he had said that the sanctions committee had to show greater wisdom and sense. Most Iraqi purchases had been cancelled for security reasons raised by a small number of members. Embargos affected the most innocent people first and foremost, women and children. The situation in Burundi was the same as there was evidence that sanctions affected the population but not the leaders. The American embargo against Cuba was imposed without consulting other Member States of the United Nations. Above and beyond the UN Charter, a number of countries had been victims of unilateral sanctions. A Special Rapporteur should be appointed on this issue and given a case study on the effects of sanction on one nation. This report would surely have positive effects.
DEEPIKA UDAGAMA, Alternate Subcommission Member, said there was a need for human-rights bodies, including the Commission on Human Rights and human-rights non-governmental organizations, to attend and to have a strong input into the upcoming UN conference on illicit trafficking in small arms. There had been great emphasis in the UN, and rightly, on weapons of mass destruction, but in fact it was small arms and light weapons that currently had the greatest impact on human rights around the world. Such weapons were proliferating, and guns killed. There was not only the direct impact, furthermore, but the chilling effect such trade in arms had on peace, business confidence, public confidence, development, and civic hope. The easy circulation of small arms could be a negative and complicating factor for efforts to implement peace agreements. It was often connected to other scourges, such as the international drug trade.
A comprehensive and effective international regime was needed to back up several regional efforts to limit small-arms trafficking. Absence of an international regulatory framework was acutely felt. The Subcommission should seriously deliberate on the human-rights implications of the small-arms trade.
DAVID WEISSBRODT, Subcommission Expert, said that August 6 marked the tenth anniversary of the sanctions placed on Iraq. Since the sanctions policy had been in effect, conditions in Iraq had been characterized by increasing rates of child malnutrition and mortality, and deteriorating health indicators for all segments of the population. Iraq had undergone two international wars and Iraq's infrastructure could not be repaired under the current situation. The oil-for-food programme had alleviated some problems, but had not prevented the collapse of the health system or the deterioration of water supplies. The Security Council panel had recommended the five following measures: removing the ceiling placed on Iraq's exports; allowing private international investment to rehabilitate Iraq's oil industry; preapproval of applications to import food, pharmaceutical, medical, agricultural and educational equipment; cash component by way of payment for installation by and training for Iraqi workers and professionals; and steps to end the intellectual and informational isolation.
It was time that the sanctions policy be brought in line with international humanitarian and human rights standards. While the Security Council was certainly within its legal right within the UN Charter to implement policy designed to bring Iraq in line with international peace and security obligations, it should not assume the authority of denying an entire population their most basic rights and necessities.
FISSEHA YIMER, Subcommission Expert, said the study on the effects of sanctions was impressive and topical, especially as the Security Council was doing a great deal of soul-searching about sanctions. It was important to inject human-rights considerations into the extensive international dialogue going on over the issue, in the Security Council and other fora. It also was vital, as noted, to evaluate sanctions to see if they were accomplishing their purpose, or if they were having unacceptable human-rights effects on innocent people. Perhaps the Subcommission should carry out its own annual review of ongoing sanctions regimes, based on Mr. Bossuyt's proposed "six-prong test".
Mr. Kartashkin's study, while deserving of support, perhaps should not list specific countries that had not ratified the various covenants -- it could rub those Governments the wrong way and be counterproductive. And it would be interesting to know how Mr. Kartashkin had reached his conclusions on what amounted to "long-term" and easily removed obstacles to ratification -- was this speculation, or had there been a survey or study?
YOZO YOKOTA, Subcommission Expert, said the working paper was well formulated and well-analysed. He was particularly interested in the six-prong mechanism to verify the viability of sanctions. Perhaps there should be a clearer distinction between UN authorized economic sanctions and unilateral economic sanctions. The GATT had an exception article, if the member was acting under UN Security Council sanctions, one nation could avoid trading with another. Perhaps more could have been said about this in the report. It was unfortunate that Mrs. Hampson had not been able to present her report, as the topic of reservations to treaties was very important and a necessary area to look into. Reservations and universality balance in human rights treaties was also interesting to look into. In this regard, it was important to avoid compromising the integrity of treaties. There was an interesting overlap in this field between Mrs. Hampson and Mr. Kartashkin.
Universal human rights conventions should be respected by all nations, whether members or non-members of the treaties. Every State had to be involved in this kind of effort, it was a question which went beyond membership.
ASBJORN EIDE, Subcommission Expert, said he fully endorsed the need for international cooperation in the field of human rights, and one way to achieve the desired dialogue was to pursue universal ratification of the basic human-rights instruments and the reduction of reservations to these treaties. Dialogue also could be carried out electronically in this modern world, and it was a matter of concern to him that some States were blocking such dialogue -- Iran, for example, was now blocking some satellite broadcasts for questionable reasons.
It had to be emphasized that even the Security Council was not exempt from international human-rights norms, and that the human-rights implications of sanctions imposed by the Security Council had to be taken into account by that body. Governments that were targets of sanctions had human-rights responsibilities too; they should not fight the sanctions only through one-sided propaganda. The Iraqi Government was authoritarian and repressive, it was true, and its charge of genocide perhaps went a bit too far, but in the end that was not the point. The point was that the sanctions were hurting vulnerable and innocent people. He thought perhaps Ms. Udagama could be persuaded to continue the study on trafficking in small arms that had been begun by a former Subcommission member.
LOUIS JOINET, Subcommission Expert, referred to Mr. Kartashkin's report and stated that he agreed entirely with it. Regarding Iraq, Mr. Joinet had noted the footnote of the interview with Ms. Albright. When asked how she felt about half a million children having died as a result of the sanctions, she had replied that it was a price that the United States was willing to pay. After a response like that, only a minute of silence seemed appropriate. With regard to the sanctions against Cuba, Mr. Joinet questioned what kind of threat Cuba could be to the Unites States. The adverse effects on the Cuban population was clear. However, there were also adverse on American policy, as the embargo on Cuba only seemed to serve to pander to the pro-Cuban movement. The extraterritorial nature of these sanctions, meaning that everyone was indirectly involved and affected, was an unacceptable situation.
STANISLAV OGURTSOV, Subcommission Expert, said Mr. Kartashkin's working paper on the extent of ratifications of core human-rights instruments gave little justification for optimism; it also was discouraging that rates of ratification seemed to have slowed down. He hoped the Secretary-General's appeal to countries to achieve universal ratification during the millennium year would yield some fruit. It also was important for reservations to these treaties to be withdrawn. He approved of the proposal of a seminar on non-ratification.
MANUEL RODRIGUEZ CUADROS, Subcommission Expert, referred to the reports presented. The paper on sanctions and their adverse effects was serious and reflective. It also had a good legal approach and made a good contribution to the subject. The situation in Iraq was a good example. The issue of the legality of sanctions was important as there had only been marginal discussions as to their legality. Looking at the United Nations Charter, it stated that sanctions in the collective security system of the world were allowed. Concerning sanctions under chapter 7, the question of legality took on particular importance as one needed to establish a certain number of parameters as to the time limits that should be adhered to. Limits would allow for Security Council decisions to be considered within the framework of limits. It was interesting to hear the proposal of the six-pronged test before implementation of sanctions. This proposal could provide ongoing reflection on these questions and it could encourage the Security Council to take operational criteria into account. With regard to the victims of sanctions and their right to request compensation, this was directly linked to the human rights system and should be taken seriously. It was vital to take a practical approach which could entail 'smart sanctions'. On the question of genocide in Iraq, there was agreement that the term genocide should be carefully used with adequate evidence.
Mr. Rodriguez Cuadros agreed with Mr. Kartashkin's report and endorsed his recommendations; his goals reflected aspirations common to all States, peoples and victims, that was, when the universal expression of human rights was accepted and respected. States which had not yet ratified the Covenant should do so as soon as possible.
MIGUEL ALFONSO MARTINEZ, Subcommission Expert, said this was a valuable and interesting agenda item and the debate had been important. All the questions here warranted in-depth treatment, despite the Subcommission's time pressures. The working paper on sanctions was in fact a study, and was most useful. He was not sure he agreed that some countries should not be cited by name in Subcommission documents. He was not sure about Mr. Bossuyt's treatment of the Security Council's powers, if one checked carefully the formal language of the Charter, but he agreed entirely with the conclusion that the theory of sanctions was morally and practically bankrupt. He also was not sure about the use of the term "authoritarian regime" -- the term had never been satisfactorily defined to him. He also thought one had to decide whether specific sanctions regimes were internationally legal. Mr. Bossuyt was quite accurate in his analysis of the sanctions against Cuba -- they were damaging and illegal.
VLADIMIR KARTASHKIN, Alternate Subcommission Member, said there were 15 different subjects under the current item. Unfortunately, these issues were always discussed at the end of the session. Some subjects were very topical, and others were out of date. It was suggested that some be taken out for next year to allow a deeper discussion on the rest. Next session, it would be useful if some issues were discussed separately, such as terrorism and human rights, and that the question of observance of human rights and fundamental freedoms contained in the Universal Declaration of Human Rights by States which were not parties to United Nations human rights conventions, be included.
HENRY BANDIER, of the United Towns Agency for North-South Cooperation, said one subject affected all others, and was not discussed enough -- the right to life. A life lived without social equality was in a way a violation of the right to life, for example. As long as a human being could not fully enjoy life, everyone had to meet as they did here to try to improve matters. Solutions still had to be proposed to the leaders of the planet in the hope of establishing a more just, healthier, more human, and better world.
The Subcommission should include in its future work the notion of duty, which was too often forgotten in fora and textbooks. It was too often forgotten that people were responsible for others, as were Governments. In a sense, duties were more important than rights. International instruments often referred to obligations, but he did not find that term correct -- an obligation was imposed from outside, but a duty came from within, was something that came from the heart and the mind. A working group should draw up a declaration on universal duties related to human rights, so that human traditional and fundamental values were not lost.
ALEXANDRE KAMAROTOS, of Medecin du Monde, said that no one could ignore the difficulty of putting the protection of people into the limelight of the international community. Everyone could see that civilian populations were increasingly vulnerable to armed conflicts. Civilians were now becoming bargaining chips in the crossfire between waring factions. Non-governmental organizations and journalists were convinced that there was a need to protect the civilian population. There was a clear lack of political will, and no body supplied objective data on the actual figures of civilians suffering. There had to be an independent body that could supply independent and autonomous information on the current situations. The mandate of this body would be to evaluate the need for protection and humanitarian assistance. This body could act as a compliment to existing human rights bodies and mechanism.
MICHAELA TOLD, of the Women's International League for Peace and Freedom, speaking on behalf of seven other NGOs, said illicit trafficking in small arms continued, despite action by the Security Council and General Assembly, to cause major human-rights problems, with millions of people killed by these weapons. An estimated 500 million of these weapons were in global circulation; they were easily transported and durable; they were affordable to State and non-State actors of every kind. They contributed heavily to the sustaining of cultures of violence and were responsible for widespread human-rights violence. The fact that they were available meant they were used in times of conflict, thus eliminating what might be the better option -- dialogue that could resolve conflicts. Even family disputes were too often resolved through the use of firearms. Not surprisingly, women regarded household weapons as threats while men regarded them as security. Conflicts perpetuated by small arms impacted very negatively on women, moreover.
The upcoming UN world conference on illicit trade in small arms should be supported and effectively contributed to by the Subcommission and Commission on Human Rights, so that the human-rights dimension of the matter was reflected in the conference. The Subcommission should also study the matter on its own.
L. H. HORACE PERERA, of the World Federation of United Nations Associations, on behalf of two other non-governmental organizations, said that resolution 2000/33 did not stress the inalienable right of children to receive education in the religions or belief of their parents or legal guardians. In several other articles, there had been an emphasis on the rights of parents or legal guardians to chose for their children schools other than those established by public authorities to ensure the religious and moral education of their children in conformity with their own. A more effective clause was required. This should not be difficult to establish as all major religions called for respect for the freedom of the religion of others. Running through the varied tapestry of all these teachings, it was clear and simple: 'Do not do to another what you would not like another to do unto you'. This, said the Prophet Hillel 'is the whole law. The rest is all commentary'.
LYNA AL TABAL, of North-South XXI, said terrorism had been discussed over the years in relation to the occupied Palestinian territories; without small arms, Palestinian resistance would continue, as nothing could deny Palestinians their right to self-determination. The United Nations itself had said that occupation violated international law and threatened international peace. Resistance to occupation was a legitimate national right which was very far from any kind of terrorism. States or individuals could commit terrorist acts, such as Israel had committed against Palestine. Israel, as the occupying power, repeatedly violated human rights in the face of international opposition, among other things by establishing settlements on land that was not their own and by depriving the rightful citizens of Palestine of their housing.
The Subcommission must call for application of the fourth Geneva Convention in the occupied territories and for an end to Israeli terrorism.
K. WARIKOO, of the Himalayan Research and Cultural Foundation, said the scourge of terrorism had been universally recognized as the main challenge threatening domestic and international peace and security. Despite repeated condemnations and appeals by the international community for an end to acts of terrorism perpetrated by terrorist groups, there was no end in their atrocities on innocent victims, including women and children. The phenomenon of terrorism had acquired multiple and dangerous dimensions, particularly the increased role of religious terrorist groups, proliferation of small arms, narco-terrorism, money laundering and proxy wars. Particular attention should be drawn to the worst ever carnage perpetrated on August 1 and 2 by Islamist terrorists belonging to Pakistan-based terrorist groups which had left dead over 100 civilians belonging to the Hindu minority. The Subcommission was urged, in keeping with the spirit of the Security Council resolution of October 19, 1999, to act to achieve definite results in the international battle against terrorism.
JULIA STUCKEY, of Pax Christi International, said the war in the Democratic Republic of the Congo was about to enter its third year without any end in sight; the damage to the economy and the population was extensive; the population was deprived of its basic human rights and needs; in many areas the church was the only remaining channel of providing assistance. Despite repeated attempts to end the hostilities, problems were worsening. Pax Christi now believed that only a concerted international intervention could end this mounting tragedy.
What was essential for the international community to do was apply an immediate and thorough arms embargo, including of small arms, against all countries involved in the conflict; withdrawal of all foreign troops; establishment of an effective UN peacekeeping force; vigorous international support for the Lusaka peace accord; convening of an international Central African peace conference to be attended by all parties to the conflict; and creation of a major social development fund for use in the country and surrounding countries, to be linked to troop withdrawals and re-establishment of civilian control and the rule of law.
MAHMOUD LAVASSANI, of the African Commission of Health and Human Rights Promoters, said that there was rampant discrimination based on religion. The only way to bring an end to the suffering of millions of civilians was tolerance and the study of the causes of religious discrimination. One needed to look at psychological, social and cultural reasons for intolerance and discrimination. Lasting solutions had to be found for the sake of future generations. One had to bear in mind that resolutions were not unrealizable aspirations. If the roots of the problem were found, proper solutions could be found to discrimination. This would be possible if Governments established programmes of study and investigations. A thousand years ago, a Persian philosopher had stated that a gram of prevention was better that a tonne of cures.
ADAM BRANCH, of International Educational Development, said the organization had mentioned the adverse consequences of economic sanctions on Iraq as far back as 1996, and also had mentioned the use of depleted-uranium weapons against Iraq. Depleted-uranium weaponry in fact violated international humanitarian law -- it was unacceptable, and yet the same weaponry had been used by US/UK NATO forces against the Republic of Yugoslavia.
Mr. Bossuyt's study on the human-rights effects of sanctions was a valuable report. Such sanctions, moreover, had long-lasting effects that endured well after the embargoes were ended. The U.S. defense of the Iraqi embargo was almost hysterical these days, and it was trying to stifle debate on the matter, but that was because the country enjoyed tremendous economic gains from its unilateral control of the oil-for-food programme which provided undue preference for U.S. businesses. The Subcommission should act on Mr. Bossuyt's recommendations concerning economic sanctions.
ELIZABETH BATHA, of World Evangelical Fellowship, said that the freedom to form one's own opinions lay at the very core of human rights and dignity. The existence of a blasphemy law carrying criminal penalties, and most particularly the death penalty, was a serious affront to all those concerned about human rights. Throughout Central Europe, it was alarming that laws had been set in place to control religion and limit the ability of minority religious groups to function. This was particularly pertinent in the Czech Republic where a minimum number of 20,000 members were required in an attempt to prevent religious freedom. The situation in Laos was also of concern, there had been reports of detentions and oppression of those who 'believed in Jesus'. These problems did not receive enough attention and the Subcommission was urged to see to that religious freedom be accorded its proper place in the considerations of the United Nations.
YORIO SHIOKAWA, of the International Association of Democratic Lawyers, said the organization had recruited more than 7,000 signatures on a petition addressed to Government authorities demanding immediate ratification by Japan of the optional protocol to the International Covenant on Civil and Political Rights. Japan still infringed on workers' rights, including through its Ministry of Finance, which had brought about a split in a trade union acting on behalf of customs and national taxation officials and which had been trying to improve the working conditions of its members. The action was intended to exclude the union from the workplace.
Japan's prison law unfairly limited sending and receiving of letters, visits, and meals and did not comply with the UN's basic principles on the treatment of detainees. Steps should be taken to end these problems.
A. M. ALI, of the Afro-Asian Peoples Solidarity Organization, said the last century saw wars and massacres carried out in the name of religious animosity, racial discrimination and intolerance. The spill-over effects were still with us. The twentieth century was an era of great achievements in the field of science and technology - all of which paled before continuing inability to comprehend that we were all human beings and therefore equal. Racial prejudice and religious intolerance often merged. In Afghanistan, the Sunni Taliban had similar background to the Mujahideen. In Bangladesh, a war had been fought to end a system that perpetuated the concept of second class citizens. If racism and intolerance were to be eradicated, action against terrorist groups that preached intolerance backed by arms was required as was: action to eradicate the educational structure that bred ideologies of intolerance; action to stem the financial flows that sustained such groups; action to ensure that countries like Pakistan reformulated their Constitution and legal structures to ensure equality and a concerted action to rid the world of the Taliban, their ideology and their backers for they represented the most reprehensible face of intolerance.
GENEI SHIMOJI, of the World Federation of Trade Unions, said children were the greatest sufferers from terrorism. Toddlers were killed themselves or shrieked over the dead bodies of their parents; they jumped for years afterward at any loud noise. Another category of children had never known carefree childhoods; they had been taken by terrorist groups and turned into killing machines at an innocent age. In East Timor, Bosnia, Mindanao, Afghanistan, and Kashmir, children had seen incessant violence throughout their formative years; those who were the victims of violence were known to all -- the children of Afghanistan with their false limbs, the children of Kashmir in their refugee camps, voices dull with horror.
He had come across publications from Pakistan detailing the kind of education that many religious schools provided young children; recent issues of some prestigious magazines carried cover photos of very young children brandishing automatic weapons; in some of these schools, the alphabet was taught according to the first letters of weapons. If the world was to address the issue of terrorism and human rights, it had to demand an immediate dismantling of educational structures that taught children the alphabet in the language of death.
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