HIGH COMMISSIONER PRESENTS HUMAN RIGHTS REPORT ON COLOMBIA, CITES CONCERN OVER THE RULE OF LAW, PARAMILITARY GROUPS

Commission on Human Rights
58th session
18 April 2002
Morning






Minister for Foreign Affairs of Belgium,
Secretary of State for Foreign Affairs of United Kingdom
Address Commission on Human Rights


The High Commissioner for Human Rights expressed concern this morning over the state of affairs in Colombia, contending that the rule of law in the country was in grave jeopardy as a result of the continuing armed conflict, escalation of violence, application of a Law on National Security, lack of a proper administration of justice, and a burgeoning paramilitary threat. Violations of the right to life, the right to personal integrity, the right to liberty and security of the person and due process of law had continued unabated over the past year, she said.

High Commissioner Mary Robinson, introducing a report on the situation in Colombia, went on to tell the Commission on Human Rights that paramilitary groups, who were among the main violators of human rights, were expanding and consolidating constantly and had persistent links with public servants and security forces, compromising the Government. She said she was deeply disturbed by paramilitary claims that a significant number of those recently elected to Parliament represented paramilitary groups. She added that military authority was being expanded around the country at the expense of civil institutions, with negative effects on civilians' human rights.

Gustavo Bell Lemus, the Vice-President and Defence Minister of Colombia, said in response to the report that the Government was struggling mightily to protect the rights of its citizens, but was having difficulties dealing with a violent situation that had been destabilizing the political, economic and social circumstances of the country for years. Most problems were being caused by violent groups who represented a very small minority of the country's population. He said the accusation that public authorities were involved in human rights violations could not be justified -- there was no systematic or institutional violation of human rights and the Government was trying to establish the rule of law in the face of enormous obstacles.

Hina Jilani, Special Representative of the Secretary-General on human rights defenders, introduced a report and circulated a written statement that noted that the majority of allegations she had received of violations against human rights defenders concerned countries where legal and institutional protections and guarantees of human rights were circumscribed; where internal armed conflict or severe civil unrest existed; or where legal and institutional protections and guarantees existed but were not properly implemented. One disturbing trend was an increased targeting of non-governmental organizations and their activities to promote and protect human rights, the statement said.

The Commission also was addressed this morning by Louis Michel, Deputy Prime Minister and Minister for Foreign Affairs of Belgium, and by Jack Straw, Secretary of State for Foreign and Commonwealth Affairs of the United Kingdom of Great Britain and Northern Ireland.

Mr. Michel said among other things that States, civil society and citizens must be active in the realization of respect for human rights, and that prevention of conflict depended a great deal on understanding root causes, such as poverty and the increasing gap between the rich and the poor. He said it was a difficult but pertinent question whether or not Governments were responding effectively to the rapidly moving forces of globalization -- it was up to States to ensure that technological and economic advances were humane and respected human rights.

Mr. Straw told the Commission among other things that a key measure of a State's success was the extent to which it guaranteed the human rights of its population -- civil, political, economic, social and cultural; when human rights were ignored, experience showed that criminals and terrorists thrived, and regional and global security were at risk because chaos spread.

National delegations and non-governmental organizations (NGOs) spoke on the situation in Colombia, on threats to human rights defenders, and on the human rights of women and the rights of the child, continuing a debate begun Wednesday.

Addressing the meeting were representatives of Canada, Spain (on behalf of the European Union), Kyrgyzstan, New Zealand, and Jordan, and of the following NGOs: Franciscans International; World Federation of Trade Unions; Amnesty International; International Service for Human Rights; Colombian Commission of Jurists; International Commission of Jurists; International League for the Rights and Liberation of Peoples: International Federation of University Women; Human Rights Advocates; Inter-African Committee on Traditional Practices Affecting the Health of Women and Children; International Association for the Defence of Religious Liberty; World Organization against Torture; International Save the Children Alliance; International Federation Terre des Hommes; International Human Rights Law Group; Franciscans International; International Association for Religious Freedom; and International Educational Development.

Iraq spoke in exercise of the right of reply.

The Commission will reconvene at 3 p.m. to continue its discussion of the rights of women and children and to hear from national institutions for the promotion of human rights.


Organization of the Work of the Session

Under this agenda item, the Commission has before it the report of the High Commissioner for Human Rights on the human rights situation in Colombia (E/CN.4/2002/17) which concludes that unfortunately, the Office continued to observe a marked deterioration in the human rights situation throughout Colombia in 2001, violations which may be described as grave, massive and systematic. The High Commissioner remains concerned at the impunity that continues to characterize the main cases of violations of human rights and humanitarian law. Enforced displacement continued to worsen in complexity and magnitude, and the situation of human rights defenders continued to be critical.

The report makes 21 recommendations, including that the Government, armed factions and Colombian society continue efforts to reach a negotiated solution to the armed conflict; that all parties to the conflict abide strictly and unconditionally to humanitarian principles and refrain from all acts that may injure or endanger persons and property protected by international humanitarian law; that the authorities of the three branches of State power firmly respect and guarantee the autonomy and independence of judicial officials; that the Colombian State combat paramilitarism effectively and dismantle it permanently; that the Colombian State adopt all necessary measures to guarantee respect for and protection of the life and physical integrity of human rights defenders; that the State guarantee workers' human rights and the exercise of trade union rights; that the State guarantee the human rights of ethnic groups, such as the indigenous communities, Afro-Colombians, native islanders and Roma people, and that it protect them from discrimination, exclusion and intolerance; and that the State adopt measures to eliminate the widespread violence against boys and girls and that it prevent, counter and eliminate child labour, exploitation and the sexual abuse of minors, as well as the root causes of the problem of street children.


Promotion and Protection of Human Rights

Under this agenda item, the Commission has before it the report of Hina Jilani, the Special Representative of the Secretary-General on human rights defenders (E/CN.4/2002/106), which concludes that human rights defenders continue to face serious violations of their rights throughout the world. Political tensions and situations of armed conflict place human rights defenders at greater risk. The Special Representative indicates a direct connection between the severity of human rights violations and the militarization of States through military governance or resort to military means and methods as a response to security concerns. National laws in many countries do not provide a suitable legal framework for the protection of activity for the defence of human rights. And impunity for violations of human rights has become one of the most serious human rights problems and directly affects the security of human rights defenders. The Special Representative recommends that Governments increase their tolerance of criticism and be more willing to correct lapses of governance pointed out as affecting the work of human rights defenders; and that Governments must become conscious of the need to eliminate impunity for human rights. She underlines that the commitment of Governments to improving the environment for the promotion of human rights and the protection of human rights defenders can be demonstrated by inviting the Special Representative to visit their country in order for her to assess the situation of human rights defenders.

There is also an Addendum to the report (E/CN.4/2002/106/Add.1) on the Special Representative's mission to Kyrgyzstan from 30 July to 4 August 2002. The report recommends, among others, that restrictions imposed by laws and regulations on the freedom of assembly, association and expression be reviewed and brought into conformity with the spirit of the Constitution and the obligations of Kyrgyzstan under international human rights law; that in order to improve the environment for the work of human rights defenders, dialogue between the Government and civil society should be initiated and measures should be taken to build mutual trust and respect; that the Government investigate violations committed against human rights defenders and bring the responsible persons to justice; and that the Government strengthen the institutions of government, in particular the judiciary, in order to build public confidence and make a positive impact on the situation of human rights in the country.

There is also an Addendum to the report (E/CN.4/2002/106/Add.2) on the Special Representative's mission to Colombia from 23 to 31 October 2001. The report recommends, among others, that the Government adopt as a matter of priority a comprehensive policy on human rights and international human rights law; that the Government combat impunity by undertaking thorough and independent criminal investigations and that it put an end to the violence perpetrated against human rights defenders; that the Government combat paramilitarism effectively and dismantle paramilitary groups for good; that the Government publicly recognize the positive and crucial role played by non-governmental organizations and human rights defenders in general in strengthening democracy; that it substantially increase measures of protection to the most targeted and vulnerable groups, in particular trade unionists, ethnic minorities, internally displaced persons and women; and that it pay particular attention to the protection of journalists and media representatives. Finally, she urges all parties to the conflict, including the guerrillas, to respect without exception the rules of international humanitarian law and the right of the civil populations, in particular human rights defenders, to the due protection and guarantee of their fundamental freedoms.


Presentation of Report on Situation of Human Rights in Colombia

MARY ROBINSON, High Commissioner for Human Rights, introducing her report on the situation of human rights in Colombia (E/CN.4/2002/17), said the rule of law in Colombia was in grave jeopardy as a result of the continuing armed conflict, the escalation of violence, the application of a Law on National Security, lack of a proper administration of justice and a burgeoning paramilitary threat. Violations of the right to life, the right to personal integrity, the right to liberty and security of the person and due process of law had continued unabated over the past year.

The High Commissioner said many of the violations had taken place in the context of the continued armed conflict in Colombia. The recent discontinuation of peace talks between the Government and the FARC guerrillas and the consequent escalation of the conflict were disappointing. Violence was increasing and directed particularly against the civilian population. Attacks perpetrated against civilian property and infrastructure damaged the State's capacity to guarantee respect for human rights, including economic social and cultural rights, as it was hindered in providing basic services.

The High Commissioner said she was deeply concerned about a lack of results in addressing human rights protection including a lack of effective follow-up to international recommendations. On the one hand, as the armed conflict was prolonged and expanded, the State had been increasingly absent in numerous regions of the country, aggravating problems of legitimacy, governance, and respect for the rule of law. On the other hand, the Government was strengthening the military to the detriment of civil institutions. The result was subordination of civilian authority to the military, undermining the rule of law and increasing violations of human rights. The paramilitary groups, who were amongst the main violators of human rights, were expanding and consolidating constantly and had persistent links with public servants and security forces. This compromised the State and demonstrated its weakness in effectively combatting this phenomenon.

The High Commissioner said she was deeply disturbed by paramilitary claims that a significant number of those recently elected to Parliament represented paramilitary groups. Even more worrying was the fact that an important segment of society now viewed paramilitarism as a legitimate option and certain political candidates appeared to condone paramilitary activities. The international community must repudiate any attempt to draw the civilian population into the conflict or any other expression of support for violence. There had been cases of recent kidnappings of members of Congress, elected members of municipal authorities and other politicians, including a presidential candidate. These acts completely undermined democracy and the free exercise of political rights. The situation of persons deprived of their liberty was also an area of particular concern.

The High Commissioner said she continued to be concerned by the worsening scale and complexity of forced displacements, as well as the critical situation of human rights defenders, union leaders, journalists and academics and a lack of effectiveness of remedies that might prevent and protect victims. The situation of women and children as well as vulnerable groups, such as indigenous and Afro-Colombian communities, was also a matter of concern.

The High Commissioner said that soon Colombians would have the opportunity to contribute to the strengthening of democracy when they elected their next President. The future Government of Colombia must adopt measures showing a serious commitment to respect the rule of law and human rights, must fight against impunity and paramilitarism, and must spare no effort in seeking a negotiated settlement to the armed conflict.

GUSTAVO BELL LEMUS, Vice-President and Defence Minister of Colombia, said the State had taken a series of measures to tackle the problems in the country. However, the measures were not enough to resolve the violent situations that had persisted for many years now. Although the Government admitted some of the facts detailed in the report of the High Commissioner for Human Rights, it had been difficult to deal with the violent situation that had been destabilizing the political, economic and social circumstances of the country. Most of the problems were attributed to minority violent groups fighting the Government. The accusation that public authorities were involved in human rights violations could not be justified; there was no systematic or institutional violation of human rights; and the Government was trying to establish the rule of law through abiding by its international obligations.

Mr. Bell Lemus said the Government had been fighting against impunity and had shown political will in that regard. It had implemented mechanisms of monitoring such impunity and it had strengthened its justice system to tackle impunity. In addition, it had initiated a process of dialogue among the different segments of the civil society in order to promote and protect human rights. The Office of the High Commissioner for Human Rights had been supportive of the efforts of the Government to establish this dialogue. Since the World Conference on Human Rights of Vienna in 1993, the Government had been implementing a national plan of action in human rights. The plan of action had helped the Government in identifying and evaluating the experience and work of the State and that of the human rights organizations in resolving actual difficulties. On the basis of that, further measures were being implemented to guarantee human rights and fundamental freedoms. The Ministry of Labour together with the Vice-President were working to design mechanisms and strategies. The process of dialogue for peace had failed on several occasions because of the refusal of the rebels to participate.

Mr. Bell Lemus said that despite the violent actions of certain groups and the powerful drug-traffickers, assisted by a network of narcotics traffickers from outside, the Government had made progress in the civil, economic and social spheres. Under difficult circumstances, the Government had provided health and educational subsidies to 26,926 families under its family action programme; and it had also created 2,500 projects that had benefited 100,000 persons. In matters of rural education, during the current year, 330,000 children and adolescents, as well as 85,000 adults had attended educational programmes in 94 municipalities.


Presentation of Report on Human Rights Defenders

HINA JILANI, Special Representative of the Secretary General on human rights defenders, said that in view of the curtailment of time for the presentation of her report, it was not possible for her to make an oral statement. Ms. Jilani said she deeply regretted the current situation and sincerely hoped that this would not set a precedent for the future work of the Commission, especially with regard to the time allocated to Special Rapporteurs. Ms. Jilani said that she was making the written version of her statement available.

The written statement, among other things, noted that during the period under review, the Special Representative sent 161 communications to Governments, 134 urgent appeals, and 27 allegation letters. Reports of violations on the rights of human rights defenders had come from all regions of the world, including emerging democracies and countries with long-established democratic institutions, practices and traditions. However, the majority of allegations concerned countries where the legal and institutional protections and guarantees of human rights were circumscribed; where internal armed conflict or severe civil unrest existed; or where legal and institutional protections and guarantees existed but were not properly implemented. One disturbing trend was increased targeting of NGOs and their activities to promote and protect human rights, the Special Representative said.

AMIR SHAGIVALIEV(Kyrgyzstan) thanked the Special Representative for her visit to his country and said her report was a reflection of her sincere consideration of the situation. Despite progress made in human rights, the Government was encountering a number of difficulties, beginning with its transition from totalitarian to democratic rule. The procurator general of the Republic had set up a special section which implemented human rights mechanisms and monitored their implementation. The courts were also active in carrying out their functions. In addition, there were 3,000 non-governmental organizations working in various fields, including human rights. The Government had acceded to several international instruments of the United Nations.


General Statements

LOUIS MICHEL, Deputy Prime Minister and Minister for Foreign Affairs of Belgium, said unfortunately, more and more human rights violations had been seen in the recent past as well as the emergence of xenophobia, racism, armed conflict and civil and political unrest. The current situation in the world called for a more global approach. All actors in society -- the State, civil society and citizens -- must be active in the realization of respect for human rights. Prevention of conflict depended a great deal on understanding root causes, such as poverty and the increasing gap between the rich and the poor. The international community needed to mobilize in order to foster human development and equality.

Belgium was particularly interested in supporting, reconstructing and consolidating capable States, Mr. Michel said. A capable State was a State that was institutionally, materially and politically capable of carrying out its functions. Democratic values could be more naturally assumed through such an approach. Cooperation needed to be enhanced and there needed to be respect for the rule of law. Another point which needed to be considered was globalization and technological development. The techniques used by financial and other organizations were moving at an incredibly fast pace. No one was condemned or judged here, but the capability of the State to respond to these challenges had to be considered. Public authorities must ensure that the technological and economic advances were humane and respected human rights. This was relevant in all countries.

Mr. Michael said he welcomed the determination of Africa to take its destiny in hand through the New Partnership for the Development of Africa and in this context African States had to show determination to ensure respect for human rights. The tragedy in the Middle East was a concern to all -- it was a particularly pressing issue. No solution could come out of the spiralling inferno. Only through a political agreement could the matter be resolved as stated in the Tenet and Mitchell plans and in the Oslo accord. The international community must call on the parties in the conflict to respect human rights by accepting an international force on the ground. It was hoped that the High Commissioner would be able to provide wise observations on the situation after her mission to the region.

In achieving respect for human rights, a healthy dose of self-criticism was important, Mr. Michael said. This was one of the strengths of the Commission, and it must continue to look at all countries where human rights violations were prevalent. Self-criticism also meant that one looked back at the past. Only then could countries enter into reconciliation. In Belgium, special attention had been paid to its colonial past, including the acknowledgement of the murder of Patrice Lumumba and the apathy and the cold attitude of the Belgian Government at the time. A fund called the Patrice Lumumba Foundation had been established in response to strengthen the rule of law and the education of youth. Belgium had also had to deal with problems of intolerance and racism in the country and all efforts were being taken to ensure that Belgium became a truly harmonious and diverse society.

JACK STRAW, Secretary of State of the United Kingdom of Great Britain and Northern Ireland, said the tides of history were turning against those who would deny people their basic rights. Tyrants like Slobodan Milosevic and Jean Kambanda, the former Rwandan Prime Minister, were not in power but in prison. The entry into force of the International Criminal Court Statute on 1 July would be a major stride towards the global application of the rule of law. And the last decade had seen an historic decline in authoritarianism, both of the Left and the Right. Democracy, human rights and the rule of law were taking the place of tyranny, oppression and the rule of fear.

The key measure of a State's success was the extent to which it guaranteed the human rights of its population -- civil, political, economic, social and cultural, Mr. Straw said. When human rights were ignored, experience showed that criminals and terrorists thrived, and regional and global security were at risk because chaos spread. Ethnic cleansing instigated by the likes of Milosevic, Tudjman and Karadzic had threatened to destabilize all of southeast Europe in the early 1990s. The genocide in Rwanda still reverberated in the continuing conflict in the Great Lakes region, which had sucked in eight African countries. September 11 brought the chaos in Afghanistan to the heart of the Western World. In each of these cases, human rights abuses should have alerted the international community much sooner to emerging security threats. The same applied to Iraq, where appalling abuse of human rights domestically began before the invasion and annexation of Kuwait in 1990.

Mr. Straw said he was in no doubt that the international coalition's military action in Afghanistan had brought about a drastic improvement not just of regional stability but in human rights -- especially the rights of women and children. Governments had to strike the right balance between their commitment to ensure freedom and their duty to provide security. Combatting terrorism must not become a pretext for setting aside the human rights norms so painstakingly established over the last 50 years.

Israel had the right to defend itself against terrorism, Mr. Straw said. The terror that Israel had suffered, particularly from suicide bombings, had been appalling. But Israel's military actions in the West Bank were unlikely to protect the country from further attacks. And these actions had inflicted further suffering on the Palestinian people. Israel should withdraw its forces now, and comply fully with UN Security Council resolutions and the requirements of international humanitarian law. Russia had also suffered terrorist attacks, but military actions in Chechnya must follow international standards on human rights.

Mr. Straw said that in North Korea and Iraq, wholesale abuses of human rights went hand in hand with near total isolation from the benefits of a globalized world. Burma's problems had a similar origin. In China people were denied their right to self-expression and political freedom. China's treatment of dissidents and religious minorities, its use of the death penalty and torture and its conduct in Tibet and Xinjiang were matters of serious concern. In Zimbabwe the systematic erosion of the rule of law over several years had led to an assault on human rights, abuse of the electoral system and accelerating economic ruin.


Debate on the Situation in Colombia

MARIE GERVAIS-VIDRICAIRE (Canada) urged the Colombian Government to implement all the recommendations contained in the Office's 2002 human rights report and would be pleased if an interim report were to be presented at the General Assembly in New York next autumn. Canada was deeply concerned by the escalation of war and the deteriorating human rights situation in Colombia, and condemned the increasing number of attacks against the civilian population, especially human rights defenders, trade unionists, and prominent community leaders. Canada also condemned the recent assassinations and kidnappings of members of Congress and Presidential candidate Ingrid Betancourt, and continuing threats against the Presidential candidates.

Canada condemned attacks on civilian infrastructure that violated international humanitarian law. The Colombian Government's efforts to combat paramilitaries and to stop immunity were recognized. However, Canada was deeply concerned that the paramilitaries continued to increase in number. The Government of Colombia was urged to make greater efforts to sever any remaining links between State forces and the paramilitaries, and to ensure that officials against whom credible allegations were made were suspended while thorough investigations were undertaken. If such allegations were proven, the officials involved must be dismissed and subjected to criminal trial.

JOAQUIN PEREZ-VILLANUEVA Y TOVAR (Spain), speaking on behalf of the European Union (EU), said the EU had taken due note of the remarks made by the Government of Colombia. It expressed its support for the efforts carried out by President Pastrana to seek the end to Colombia's internal conflict through dialogue and negotiation. The EU condemned all acts of terrorism and other criminal acts committed by all illegal armed groups, such as attacks against life, physical integrity and personal safety. The EU condemned all human rights abuses and breaches of international humanitarian lawn committed by guerrilla groups. It urged the Government of Colombia to adopt efficient measures to eradicate the paramilitarism by, inter alia, credible criminal investigations and prosecutions.

The EU condemned human rights violations and breaches of international humanitarian law by members of the Armed Security Forces and called upon the Government of Colombia to ensure that all such cases were prosecuted in civilian courts. The EU strongly condemned the abuses of human rights committed against all who worked towards justice and respect for human rights. It urged Colombian authorities to strengthen their programme for the protection of all those who were engaged in human rights defence. The EU requested the parties to the conflict to respect the identities and the integrity of indigenous communities and minorities. The EU was gravely concerned at the progressive increase in internally displaced persons in Colombia and their deteriorating situation of vulnerability and insecurity and urged the State to provide the necessary protection and assistance, guaranteeing the return of internally displaced persons under safe conditions and preventing further displacement and incursions by paramilitary and guerrilla groups.

ALESSANDRA AULA, of Franciscans International, said the Special Rapporteur on violence against women and the Special Representative on human rights defenders had recently visited Colombia and had expressed their concerns about the grave and deteriorating situation of human right and peace. Franciscans International supported the recommendations of the Special Rapporteur in which the critical situation of human rights defenders was stressed. The Colombian Government was advised to take further measures to protect human rights defenders.

The reports had indicated the absence of political will by the Government to combat paramilitary groups. The paramilitaries were committing many human right violations. In general, indigenous peoples inhabiting the conflict zones, political and social leaders, trade union leaders and human rights defenders were constant targets of violations. The Government of Colombia was urged urgently to implement the decision of the Constitutional Court relating to the unconstitutionality of Law 684 on national defence and security.

AIOLA AVELLE, of the World Federation of Trade Unions, said there had been several murders in Colombia carried out by the paramilitaries with the support of the State. Several teachers, trade unionists and human rights advocates had been murdered, targeted, kidnapped or forcibly displaced. There had unfortunately been 100 per cent impunity due to the unwillingness of the State to defend innocent civilians. State terrorism had been carried out with total impunity in a supposedly democratic country.

Trade unionists were seen as a threat and a danger to the State and were often attacked, abducted, tortured and murdered. The Federation called upon the international community to set up a commission of inquiry to investigate the massive human rights violations in Colombia, particularly against the trade unionists. The international community was also urged to assist the victims of these horrible crimes. The Federation called for the end to violence against trade unionists in Colombia.

TESSA MACKENZIE, of Amnesty International, said both sides to the conflict in Colombia continued to disregard international human rights and humanitarian law, and the main victims were civilians living in the conflict zones. Over 80 per cent of non-combatant killings were allegedly carried out by paramilitaries in collusion with the security forces. The new National Security and Defence Law granted judicial police powers to the security forces in certain circumstances. Amnesty International feared that this could be used to cover up human rights violations committed by the security forces or their paramilitary allies.

Despite repeated promises by the Government to dismantle the paramilitary forces, these groups had expanded in size, increased their area of operations and retained strong links with the security forces. Guerrilla forces continued to be responsible for kidnappings and arbitrary and deliberate killings of civilians they accused of siding with their enemies, and for disproportionate and indiscriminate attacks on military targets that had resulted in numerous civilian casualties.

ADRIAN CLAUDE ZOLLER, of the Service International pour les Droits de l'Homme, said that since the last session of the Commission, the Service had travelled three times to Colombia. The situation there continued to deteriorate. The armed conflict had struck the civil population. No party was respecting humanitarian law. In addition, the extreme right wing targeted civil society and carried out acts of abduction, execution and massacre. The paramilitary groups operated openly. They were elected to Parliament, and very soon they would take power, because nothing was being done against them. Impunity reigned in the country. Without the presence of the Office of the High Commissioner for Human Rights in Bogota, the situation would have been worse. The Office should be strengthened.

NATALIA LOPEZ ORTIZ, of the Colombian Commission of Jurists, said the crisis and the situation in Colombia was far more serious than the Commission seemed to realize. There was a need for the Commission to take far more decisive action. The Government of Colombia had breached international law and in fact had legalized de facto militarization. All the Special Rapporteurs who had been to or reported on various aspects of human rights had cited the gravity of the situation. The facts were that almost twenty people disappeared or were killed daily for political or social reasons. It was a sad reflection on the State, since the State was responsible for 85 per cent of such cases.

In Colombia, only 60 per cent of the population was able to enjoy economic, social and cultural rights. Impunity had not been addressed and several human rights violations were being covered up. This reflected the failure of the peace talks. This was in addition to human rights violations by FARC guerrillas. The United Nations must be more active in tackling this situation and must insist on speedy compliance by the Colombian Government with the many relevant United Nations recommendations.

FEDERICO ANDREU, of the International Commission of Jurists, said that on 11 April, the Constitutional Court of Colombia had declared the National Security Law unconstitutional. This law undermined basic principles of the rule of law, such as the subordination of the military to the civil authorities and the effective separation of powers, in violation of the Constitution of Colombia and its international commitments in the area of human rights. The ICJ was deeply concerned by the announcement of the Ministry of Defence of Colombia that it would "re-edit" this National Security Law.

The International Commission of Jurists was also seriously concerned over proposals to reform the Constitution and do away with the Constitutional Court. It was equally concerned about an anti-terrorism bill submitted to the Ministry of Defence at the end of last year. The bill contained vague and ambiguous definitions of "terrorism" that would allow criminalization of legal acts and legitimate forms of social and political opposition. The bill also would establish modalities for censoring the press and would authorize the military forces to carry out home searches and detentions without legal warrants.

JULEN ARZUAGA, of the International League for the Rights and Liberation of Peoples, said Colombia had reinforced its anti-terrorist legislation which had restricted fundamental freedoms and increased the power of the police and army. In the name of fighting insurgent groups, the Government had been oppressing opposition political parties, and the activities of the paramilitary groups was reinforcing the activities of the Colombian army. The mechanism put in place by the Government was used against political groups and organizations working for peace.

The Government had adopted Law 684 on national defence and security, which had been declared unconstitutional by the Constitutional Court. The law had been passed on 13 August 2001 to establish new restrictions on Colombian legislation guaranteeing fundamental freedoms. The law also was incompatible with international humanitarian law.


Debate on the Human Rights of Women and the Rights of the Child

TUI DEWES (New Zealand) said the promotion and protection of the rights of women and children was an on-going process. It was important to recognize that children required special protection and assistance. The most comprehensive means of improving their lives was by implementing the Convention on the Rights of the Child which accorded primary value to the best interests of children. Much remained to be done. It was important to ensure that children were free of disease and malnutrition and that appropriate health care was available. The importance of children's education through adolescence could not be neglected, and children had to be protected from exploitation, abuse and danger. During the upcoming General Assembly Special Session on Children, New Zealand would emphasise the particular needs of indigenous children as well as reproductive health services and information.

The Convention on the Elimination of Discrimination against Women provided an excellent basis for improving the lives of women and ensuring equal opportunities within society. New Zealand would support the resolution on the elimination of violence against women and had been saddened to read the Special Rapporteur's report outlining the continuation of violent practices against women. Many of these practices were based on cultural ideologies that contributed to the marginalization of women in society. One could not accept the denial of women's rights in this manner.

SAJA MAJALI (Jordan) said women and children remained at the forefront of Jordan's national agenda. Jordan had continued its process of reviewing its legislation in an effort to eliminate all of what might be considered legal discrimination against women. Never before had there been as many legal amendments in one year. Jordan wished to highlight the concern voiced with regard to the deteriorating situation in the occupied Palestinian territories. Over 200 Palestinian children had been killed since the start of the second intifada, while over 7,000 had been injured 500 of whom would experience long-term disabilities. It was Palestinian children who had mostly suffered from the present crisis. They had lost their childhood.

Jordan strongly condemned the gross and flagrant violations of human rights and international humanitarian law in the occupied Palestinian territories and called on the international community to live up to its responsibility and to ensure that the life, safety, welfare and livelihood of the Palestinian people, including women and children, were safeguarded.

CONCHITA PONCINI, of the International Federation of University Women, said a gender perspective was needed to recognize the intersection of gender with other forms of discrimination in all policies and programmes of action against racism, racial discrimination, xenophobia and related intolerance. Addressing inter-sectionality meant an integrated approach that focused on forms of multiple discrimination intersecting with gender, age, sexual orientation, disability, migrant status, socio-economic or other status such as the right of women to be married or to be single which was tied with culture.

Certain forms of racial discrimination were directed at women specifically because of their gender, such as "stoning" and sexual violence against women members of particular racial or ethnic groups in detention or during armed conflict. Persecuted ethnic groups were the fastest growing groups of refugees and displaced persons. Abuses targeted at women included systematic rape, forced pregnancy, sexual abuse and sexual slavery.

BIRTI SCHOLZ, of Human Rights Advocates International, speaking on behalf of the Coalition against Trafficking in Women, Mouvement pour l'abolition de la prostitution et de la pornographie et de toutes formes de violences sexuelles et discriminations sexists, and Coordination francaise pour le lobby europeen des femmes, said the traffic in women and children existed to profit from the sale of victims for sexual exploitation. Traffickers earned billions of dollars every year by victimizing up to 4 million women and children. Traffickers used many means to enslave their victims -- they seized travel and identification documents and withheld wages, they restricted or banned the victim's movement, isolated victims from family and friends, and took advantage of language barriers. They sold victims to other owners to keep them disoriented. They threatened victims and their families with violence.

It was a great concern that allegations had been made that United Nations peacekeepers, humanitarian aid workers and Government agencies had contributed to the demand for trafficked victims by sexually exploiting refugees in Guinea, Liberia and Sierra Leone. The Commission should urge the United Nations and Governments to take action to monitor and prevent future abuses by their military forces and other personnel. It was also recommended that the Commission urge the United Nations and Governments to prosecute any future cases of sexual exploitation. Finally, it was recommended that the Commission urge Governments and the United Nations to address the problem of demand for commercial sex.

BERHANE RAS-WORK, of the Inter-African Committee on Traditional Practices Affecting the Health of Women and Children, also speaking on behalf of the International Movement for Fraternal Union Among Races and Peoples, said violence against women was universal and pervasive, and its manifestations varied from bride burning, female infanticide, rape, and battering to female genital mutilation. Progress had been made to redress diverse forms of violence in terms of legislation, counselling and awareness-raising on the part of women and the public at large. The issue would became challenging when the violator involved a whole society, sometimes a nation, which upheld traditional values and practices.

Female genital mutilation continued to exist, causing much suffering, pain and sometimes even death, because it was condoned by society as a positive value. It needed courage, perseverance and strategy on the part of some non-governmental organizations to raise the issue for discussion and decision at the level of the Subcommission. The Inter-African Committee was looking to the Commission with great hope, as were millions of victims of female genital mutilation and other forms of harmful traditional practices, for concrete actions to alleviate long-standing human suffering that menaced the well-being and lives of women and girl children.

WILFRED WONG, of the International Association for the Defence of Religious Liberty, said in some countries, street children were regarded as no better than vermin and had been murdered for being a nuisance. No one had been charged for any of these murders, which had been particularly prevalent in Brazil and Honduras. Previously -- and nowadays in some countries -- street children were picked up by the police, tortured and abused, both by the police and by other adult prisoners. Prison conditions often fell very short of international standards on human rights and places of detention were often overcrowded and lacked windows.

It was necessary that juvenile detainees worldwide had their human rights respected and were given fair trials. In situations where street children were murdered, the perpetrators needed to be punished. There could be no impunity for the murder of a child. At a time when there were over 100 million street children, it was unbelievable that the Commission had not yet appointed a Special Rapporteur on street children. The Commission was urged to do so.

NATALIA LÓPEZ ORTIZ, of the Colombian Commission of Jurists, said that despite the particular characteristics of each armed conflict in the world, in most of these conflicts crimes and serious human rights violations were committed against women, including forced displacement, sexual violence, sexual slavery, sexual mutilation, abortion and forced conscription. Unfortunately, these violations often went unnoticed and were awarded impunity.

The Special Rapporteur on violence against women had described the human rights violations in Colombia as grave and systematic, which agreed with the report of the High Commissioner for Human Rights. The Special Rapporteur indicated that violence against women in Colombia had become a common practice in the context of the deterioration in the armed conflict. The Rapporteur had stressed that impunity and the denial of justice were among the factors that contributed to the continuation of violations of the human rights of women and of human rights in general.

BIRTI SCHOLZ, of Human Rights Advocates International, in a joint NGO statement, said that despite calls from the international community, capital punishment against juveniles continued to be practised. In 2001 alone, three juvenile executions had taken place -- in Iran, Pakistan and United States. She welcomed the Iranian statement that affirmed that there would be no executions in the future concerning juveniles. However, the group was deeply concerned about scheduled juvenile executions in the United States. She recommended that the Commission get assurances from States that the death penalty would not be imposed on juveniles in the future.

JOANNA BOURKE, of the World Organization against Torture (OMCT), said there had been recent cases in Sudan and Nigeria of women being sentenced to corporal and capital punishment including whipping and stoning to death. In Chad's places of detention, women and children were held in the same cells as men and there had been numerous reports of rape and other forms of sexual slavery against women by other inmates as well as by prison guards and law enforcement authorities. OMCT called on the Commission to request that the Government of Chad take urgent measures to promote and protect the human rights and dignity of detained women.

The Secretary-General's in-depth study on violence against children needed to be based on the Convention of the Rights of the Child and other relevant international standards, and it needed to seek to identify the causes and contributing factors to violence against children, and lead to the development of strategies to effectively prevent and combat all forms of violence against children. OMCT urged that the study examine the relevance of the appointment of a Special Rapporteur on violence against children, mandated, among other things, to examine individual complaints and to conduct on-site investigations into situations of violence against children.

HELENA GEZELIUS, of the International Save the Children Alliance, said the organization was very concerned about the continued legal and social acceptance of serious violations of human rights, namely the corporal punishment of children. Hitting children was a dangerous practice, which could cause physical and psychological injury and even death. It inhibited or prevented positive child development and positive forms of discipline. Yet corporal punishment in the home was still a legal and common practice in most States.

Save the Children believed that the Commission could have a crucial role to play in supporting immediate progress towards ending social and legal acceptance of corporal punishment globally. Many States had already banished corporal punishment from their schools and other institutions, with positive results, and 11 countries had prohibited all corporal punishment, including in the family.

ALEXANDRA TUNDO, of the International Federation of Terre des Hommes, said the organization feared that child trafficking was on the increase. It affected millions of children each year. Its fear resulted from better awareness of the phenomenon and also from the fact that perpetrators were taking advantage of improved facilities in communication and travel.

Perpetrators also benefited from the juridical vacuum which existed in many instances. For example, why was it that in some countries child trafficking was poorly defined and rarely punished, whereas in others traffickers were sentenced in proportion to the gravity of the crime? To address that gap, the European Union had recently worked on a framework decision to harmonize the legislation of its members regarding trafficking in human beings.

QUDSIA ZUHRA, of the International Human Rights Law Group, said that during 23 years of war and armed conflict, the people of Afghanistan had faced unprecedented hardships. Millions had lost family members and property and thousands of children had been recruited as soldiers. On behalf of women and girls in Afghanistan, she thanked the international community for its continuous support for human rights in Afghanistan and thanked the Commission for integrating women's rights into its resolutions on Afghanistan.

The Commission was urged to continue providing assistance for the reconstruction of Afghanistan. Today women made up more than 60 per cent of the population, and there must be at least 50 per cent of seats allocated for women in the Grand Assembly Loya Jirga that would take place in June to formulate the new political shape of Afghanistan. There were millions of women and girls like her in Afghanistan who had become physically disabled during the brutal war. A clear national policy was needed to protect the rights of people with disabilities to ensure that they would have full access to education, employment and recreational programs to reach their full potential as human beings.

JOSEPH LEGONOU, of Franciscans International, said the exploitation and ill-treatment of and violence against domestic working girls in Togo had led the Government of Togo, in partnership with NGOs, international organizations and religious bodies, to draw up a new draft code aimed at protecting the fundamental rights of children, especially those in situations of vulnerability. The draft code incorporated and harmonized all international conventions ratified by Togo into national law.

Franciscans International welcomed this political will and these efforts to protect and promote the fundamental rights of children and urged the Government to adopt and rigorously implement the draft code as well as measures to punish perpetrators of abuses.

JOHN TAYLOR, of the International Association for Religious Freedom, said the Convention on the Rights of the Child affirmed that a child's education should seek to prepare the child to assume his or her responsibilities in life in a spirit of understanding, peace, tolerance and friendship among all peoples and ethnic, national and religious groups.

In other terms, the Convention, like other international instruments, underlined the necessity of educating new generations in respect for the other, for the one who was different. Children should be educated to accept pluralism, to accept those who belonged to different races, nationalities and religions. The terrible events of 11 September, and other events too, highlighted the fact that there were extremist movements which opposed pluralism, movements which made improper use of religion to sow intolerance and hatred even to the point of rejecting or exterminating the other.

KAREN PARKER, of International Educational Development, said there were unfortunately several situations of large-scale war-time rape of women that needed investigating and ultimately compensation for victims. It was regrettable that Japan continued its obstinacy on this issue. In the Sri Lanka conflict, fortunately now in a cease-fire and mediation effort, there were many unresolved cases of rape of Tamil women by members of the Government armed forces. Rape or other forms of violence against women had also been a serious issue with no remedy in Indian-occupied Kashmir and in the Moluccas. Both women and children had been among the most victimized in the long conflicts in Sudan and Uganda.

The organization welcomed the investigation by the Office of the High Commissioner into the abduction of children by the Lord's Resistance Army (LRA) in Uganda and southern Sudan. Unfortunately the LRA was not the only group in the region engaging in such practices, as credible reports indicated that in the Sudan conflict, both of the major participants (the Government of Sudan and the Sudanese People's Liberation Army) had also resorted to abduction and serious abuse of women and children. More attention from the international community was needed to the issue of violence against women.


Right of Reply

A Representative of Iraq, speaking in right of reply, said in response to the statement by the Secretary of State of the United Kingdom that he wondered whether civilization and progress meant imposing an embargo that led to the death of 1.5 million Iraqis, most of whom were women and children, or whether civilization and progress meant blocking civil work contracts. Depleted uranium, which was used against Iraq, had caused and continued to cause cancer. It was indeed strange that the United Kingdom spoke about respect for international law, given that it had been bombing Iraq since early 1990 outside the framework of international law. Further, its history as a colonial power was known to all. The embargo was a crime against humanity and a crime of genocide.




CORRIGENDUM

In press release HR/CN/02/44 of 18 April 2002, the statement on page 11 of the representative of the International Federation of University, on behalf of 12 international non-governmental organizations (NGOs), should read as follows:

CONCHITA PONCINI, of the International Federation of University Women, speaking on behalf of the International Federation of University Women, the International Federation of Business and Professional Women, the International Council of Women, Zonta International, Brahma Kumaris, The World Union of Catholic Women's Organizations, the Movement against Racism and for Friendship among Peoples (MRAP), the World Federation of Methodist Women and Uniting Church Women, the International Council of Jewish Women, the Women's International League for Peace and Freedom, the Associated Country Women of the World, and Soroptimist International, said a gender perspective was needed to recognize the intersection of gender with other forms of discrimination in all policies and programmes of action against racism, racial discrimination, xenophobia and related intolerance. Addressing inter-sectionality meant an integrated approach that focused on forms of multiple discrimination intersecting with gender, age, sexual orientation, disability, migrant status, socio-economic or other status such as the right of women to be married or to be single which was tied with culture.

Certain forms of racial discrimination were directed at women specifically because of their gender, such as "stoning" and sexual violence against women members of particular racial or ethnic groups in detention or during armed conflict. Persecuted ethnic groups were the fastest growing groups of refugees and displaced persons. Abuses targeted at women included systematic rape, forced pregnancy, sexual abuse and sexual slavery.




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