INDEPENDENT EXPERT TELLS COMMISSION THAT EXTREME POVERTY NEGATES ALL RIGHTS

29 March 2004



Numerous NGOs Speak as General Debate Concludes
On Worldwide Human Rights Situation


The Independent Expert on extreme poverty told the Commission on Human Rights this morning that such poverty amounted to an absolute denial of human rights wherever it occurred.

The Expert, Anne-Marie Lizin, presenting a final report on the topic, said her principal recommendations were as follows: the recognition of the indisputable responsibility of the State on the territory of which the extremely poor populations lived; the need for a programme of “good laws”, including a system of social security which would insure health, employment and retirement risks; a restructuring of States aimed at good governance; a guaranteed minimum income; access for all to education and health; a reinforcement of the role and power of women; micro-credit; and a listening policy with regard to poorer populations.

Ms. Lizin’s remarks came as discussion began on the subject of economic, social and cultural rights. Earlier in the morning general debate was completed under the Commission’s agenda item on the question of the violation of human rights and fundamental freedoms, annually the Commission’s most contentious topic of discussion.

Charging that abuses were occurring in numerous countries, forty-two non-governmental organizations (NGOs) spoke. In addition to raising charges against specific countries, NGOs remarked on a series of trends and themes. The General Conference of Seventh-Day Adventists said the development of religious extremism and intolerance in many parts of the world was alarming. International Save the Children Alliance said education was a priority, especially for girls. The Afro-Asian Peoples’ Solidarity Organization said that among the major impediments to the effective enjoyment of human rights was indiscriminate violence unleashed against innocent civilians by non-State actors. And the Himalayan Research and Cultural Foundation termed it “amazing” that so many authoritarian States claimed to be democracies.

Contributing statements at the morning meeting were representatives of the following NGOs: International Religious Liberty Association; Centro de Estudios Europeos ; World Peace Council; General Conference of Seventh-day Adventists; International Save the Children Alliance; South Asia Human Rights Documentation Centre; American Association of Jurists; World Alliance of Reformed Churches; Society for Threatened Peoples; North-South XXI; Lutheran World Federation; European Union of Public Relations; Afro-Asian Peoples Solidarity Organization; International Association against Torture; Federation of Cuban Women; Movimiento Cubano por la Paz y la Soberanía de los Pueblos ; Liberation; Becket Fund for Religious Liberty; International Educational Development; Himalayan Research and Cultural Foundation; World Federation of Trade Unions; African Society of International and Comparative Law; International NGO Forum on Indonesia Development; World Union for Progressive Judaism;and International Association for the Defence of Religious Liberty.

Also, Médecins du Monde International; International Human Rights Association of American Minorities; World Muslim Congress; National Union of Jurists of Cuba; International Youth and Student Movement for the United Nations; International Union of Socialist Youth; Worldview International Foundation; International Islamic Federation of Students Organizations; Indian Movement “Tupaj Amaru”; Voluntary Action Network India; Comité international pour le respect et l'application de la charte africaine des droits de l'homme et des peuples ; Centro de Estudios Sobre la Juventud; Organization for Defending Victims of Violence; Al-haq, law in the service of man speaking on behalf of Habitat International Coalition; Netherlands Organization for International Development and Cooperation; International Institute for Peace; and Movement against Racism and for Friendship among Peoples.

Cyprus and Belarus spoke in exercise of the right of reply.

The Commission will reconvene at 3 p.m. for general debate under its agenda item on economic, social and cultural rights.

Statements on the question of the violation of human rights in any part of the world

GIANFRANCO ROSSI, of International Religious Liberty Association, said education should prepare children to live in a spirit of peace, comprehension, tolerance and religious tolerance. In this spirit, it was regrettable that France had recently adopted a law running counter to this spirit.

France should teach children how to adapt to others, not how to exclude them. There were two forms of secularism in France: children were allowed to wear religious symbols except in public schools, where these were banned. The Commission should help France to respect all human rights and fundamental freedoms, and this included education.

The representative of Centro de Estudios Europeos, said that as a result of pressure placed last year on the members of the Commission by the Government of the United States, attempts had been made to portray mercenaries of the US as freedom fighters and human rights defenders. What was being distorted was the truth about who the dissidents really were. They were the Government and people of Cuba, who firmly resisted attempts at domination by a foreign power.

Hegemony and unilateralism in international relations were now being forced upon all. A better world was possible, as evidenced by Cuba, and it was possible to change the present unfair rules of the game. Cubans were calling for the freedom to be allowed to live their lives as they wished, without diktat. Their rights to independence and sovereignty should be respected.

KHAN ARSHAD MEHMOOD, of World Peace Council, said the initiatives for peace between India and Pakistan would benefit the lives of more than 1 billion people, but these initiatives would only bear fruit if the setbacks that had plagued past efforts were avoided.

Over the past five decades, the military in Pakistan had encroached upon the political and social spheres, impinging on the country’s respect for the basic tenets of good governance. The army and intelligence officials continued to maintain links with extremists groups. The Commission should do all it could to contribute to the transformation of Pakistan into a full-fledged democracy.

JONATHAN GALLAGHER, of General Conference of Seventh-day Adventists, said the organization defended the right of belief and faith for all and believed that in promoting religious freedom, family life, education, health and mutual cooperation one honoured the dignity of the human being, who had been created in the image of God.

The Universal Declaration of Human Rights had been elaborated by those emerging from the horrors of World War II and as such it constituted a document that stood firmly for human dignity, liberty, equality and non-discrimination against minorities. Yet today the Declaration was often violated and intolerance often raised its ugly head. The Commission and its members were urged to work for the full implementation of the Declaration. The development of religious extremism and intolerance in many parts of the world was alarming.

SHIRIN PERSSON, of International Save the Children Alliance, said the combination of endemic poverty, acute drought, decades of civil war and internal strife had all had a profoundly negative impact on the lives of Afghan children and on their ability to secure their rights. Recently, despite national development measures, children and families continued to be severely affected.

The right to education was a priority, especially for girls. There was a need for focused and specific measures to address the immediate and long-term rights and needs of children and young persons at this juncture, with States and United Nations agencies participating fully.

GARETH SWEENEY, of South Asia Human Rights Documentation Centre, said the ruling party in Laos continued to evade international scrutiny of its human rights record, which ranked among the most repressive in Asia. Constitutional and statutory provisions were grossly inadequate: there was no de facto right to free expression or association; all media were controlled by a Government agency; and all workers’ organizations were registered under the party controlled by the Lao Federation of Trade Unions.

Moreover, the persecution of religious and ethnic minorities was endemic. And while the law provided rights for the accused, there existed no record of a case in which they had been upheld in their entirety. These were isolated examples of a systematic pattern of abuse. The Commission was urged to appoint a country rapporteur to investigate violations in Laos. It was imperative to hold the ruling party accountable.

JAIME VALDES, of American Association of Jurists, said the Association was concerned with the circumstances of individuals held in detention in Peru and at Guantanamo Bay. The United States’ Secretary of State had said that the length of time for which an individual was held was determined by his individual case. However, no international standards were being observed in this regard.

A New York court had decided that the Government had no right to detain an American citizen indefinitely, a decision which the Government had appealed. The United States Supreme Court would soon be taking up the case. The Working Group on arbitrary detention had declared a number of the detentions being carried out by the United States at Guantanamo Bay to be arbitrary. The Commission should unequivocally address the situation.

W. MANSAGO, of World Alliance of Reformed Churches, said that after a long period of human rights violations in Equatorial Guinea, the situation seemed to be continuing without change. All powers had been concentrated in one person -- the country's President. The regime continued to ignore the calls of the international community concerning the human rights situation. People were being imprisoned and made to disappear. The Government was not heeding the concerns of the international community, which had been expressed in the Commission and other fora.

The Commission should appoint a Special Rapporteur on the human rights situation in the Equatorial Guinea.

TENZIN SAMPHEL KEYTA, of Society for Threatened Peoples, said China had been trying to defuse international concern over its human rights record by releasing a few high-profile political prisoners of conscience approximately one month before the commencement of the Commission’s annual session. Thus far, the policy had been effective in deflecting international criticism at the United Nations and in bilateral dialogues. However, there were serious concerns about a wide range of human rights issues in China, including the use of the death penalty, the treatment of dissidents, breaches of freedom of religion, the use of arbitrary detention and torture, violations of freedom of expression and questions about the situation in Tibet.

The Commission was called upon to urge to China to allow all thematic Special Rapporteurs freely to visit Tibet. It also should urge China to release all prisoners of conscience.

ANWAR YASSINE, of North-South XXI, said he was from the southern Lebanon and wished to give the Commission his testimony about the torture that he had suffered while inside Israeli prisons. He had been living a peaceful life until the savage Israeli occupation occurred. Israel had invaded southern Lebanon, killing women and children and imprisoning hundreds of youth.

His family was displaced and exiled; it lost its resources and livelihood. When taken prisoner, he had been subjected to severe torture, beaten on all parts of his body, kicked and insulted. The Israelis used to force him to stand for long hours with chains on his arms and legs. They splashed him with hot water followed by cold water and then left him wet and exposed during the winter for whole days and sometimes until as late as midnight.

GEORGE ARENDE, of Lutheran World Federation, said over 100,000 Bhutanese refugees were still languishing in Nepal. The majority wished to return to the homes from which they had been forced to flee. They faced an uncertain future in the midst of the worsening security situation in the region, and there was no prospect of a just and durable solution to their plight. The Commission should encourage Bhutan and Nepal to resume with greater commitment their efforts to resolve this crisis.

The Federation also felt deep concern about the situation in Haiti, where the persistent insecurity in the country continued to have grave human rights consequences. It was hoped that the deployment of the international peacekeeping force would result in the effective restoration of order and stability.

MOHAMMED MUMTAZ KHAN, of European Union of Public Relations, said respect for human rights in one place or region invariably encouraged peace, prosperity, transparency and the rule of law in other parts of the world. In keeping with the common duty to spread knowledge about the condition of human rights in various parts of the world, the organization wished to engage the attention of the Commission on the issue of Jammu and Kashmir.


The Government of Pakistan, while advocating human rights and the right to self-determination for the people of Kashmir, had exploited the popular sentiments of the Kashmiri people and had misled the international community. Pakistan practiced institutionalized violations of the basic rights of the people under its control, including their right to freedom of expression and their right to elect their own representatives. The Commission should urgently examine the human rights situation in Pakistan-controlled Kashmir.

TAHIR NASEEM MANHAS, of Afro-Asian Peoples Solidarity Organization, said participatory democracy was the best guarantor of the platform of rights enshrined in the Universal Declaration on Human Rights and the International Covenants on Civil and Political Rights and Economic, Social and Cultural Rights. Among the major impediments to the effective enjoyment of these rights today was the indiscriminate violence unleashed against innocent civilians by non-State actors. At a time when the paths of radicalism and technology appeared increasingly to converge, the international community owed it to future generations to recognize the perils confronting humanity.

There also were several States – such as Pakistan – that had consciously armed, trained and financed violent, religious-extremist groups over the past several decades. The Commission should seek to ensure that its work had a salutary impact on such States, so that the people of South Asia could turn their attention to solving the more pressing problems of poverty, hunger and disease.

ROGER WAREHAM, of International Association against Torture, said the United States and its posse, the Western European and Others Gang, were outlaws, as they operated on the basis that they were not subject to the same rules of international law and norms as were other, lesser member States. The US had a poor human rights record, domestically and internationally. There continued to be, despite the Vienna Declaration, two standards of human rights within the Commission: one for the developed world, another for the developing world.

The Commission could take a step towards fulfilling the demands of the Vienna World Conference on Human Rights by holding the US accountable for acts in violation of human rights norms. It could begin by adopting a resolution condemning the US. It also should appoint a Special Rapporteur on the US.

CAROLINA AMADOR, Federation of Cuban Women, said the Commission had been converted into an instrument of political manipulation, hypocrisy and selectivity, particularly by the Government of North America. The United States was using the subject of human rights to accuse other countries of disregarding the misery of their people. But in the US, 52 million people were illiterate and 40 million did not have access to health-care facilities, while millions of dollars had been spent on electoral campaigns and the manufacture of arms.

A double standard had also been demonstrated by the Representative of Ireland, speaking on behalf of the European Union, who had expressed concern about the human rights situations in many developing countries while ignoring the human rights concerns of Europe.

BRAULIO BORIS CASTILLO BARROSO, of Movimiento Cubano por la Paz y la Soberanía de los Pueblos, said the aberration by which the US State Department had placed Cuba on the list of countries aiding terrorism was particularly grave in the new world atmosphere. In an electoral year such as this one, it could not be ruled out that, as an electoral ploy, an attempt could be made to seek warlike alternatives, including a military attack on Cuba, with the report of the Personal Representative on Cuba of the High Commissioner for Human Rights used as a justification for this.

The people of Cuba had asserted their right to self-determination and had showed there were alternative ways of achieving a better world. There could not be peace without dignity, and where it was attacked, Cuba would defend itself.

MS. ARIF, of Liberation, said the 1997 peace accord reached between the Government of Bangladesh and the leaders of Jumma indigenous people had ended a 25-year-long armed conflict in the Chittagoing Hill Tracts. However, peace still had not been achieved in the region.

Of particular concern was the impunity of the security forces and the Bengali settlers who had committed gross and widespread human rights violations against the Jumma people. Such violations included torture, rape, deaths in custody, extrajudicial executions and unprovoked attacks. What was most disappointing was that successive governments had failed to end the systematic impunity enjoyed by the security forces and the settlers. It was a lack of political will that allowed such violations to continue.

EMILIE KAO, of Becket Fund for Religious Liberty, said the organization wished to bring to the Commission’s attention the persecution of the Juma Mosque Community in Baku, Azerbaijan. The Community was a staunchly independent, peaceful Muslim congregation that declined to register with the state-run Muslim Caucusus Board. For this, the Azerbaijan Government had arrested the mosque’s leader on unsupported charges of preaching against the Government. Moreover, Baku city authorities had recently won a decision to confiscate the mosque. That decision was now being appealed.

The Becket Fund supported all international efforts to protect the mosque and the Imam. The absurdity of the charges against the Imam were obvious. And if the decision to confiscate the Juma Mosque were enforced, it would contravene blatantly the mosque community’s rights of assembly and religion. The Government of Azerbaijan was called upon to honour its commitments to the International Covenant on Civil and Political Rights and its first optional protocol and release the Imam and ensure the continued use of the mosque as a sacred place of worship.

KAREN PARKER, of International Educational Development, said the practice of heightened scrutiny of certain countries by means of a Special Rapporteur or Special Representative was one of the most effective and successful mechanisms of the Commission. However, the use of this had been abused by the United States in regards to Cuba. Problems in Cuba paled in comparison to violations of human rights in other countries, such as China, Indonesia, Sri Lanka, Yugoslavia, Turkey and India.

It was imperative that the Commission free itself from the political agenda of a few States. Heightened scrutiny should be limited to the worst situations around the world, determined by objective, impartial, uncoerced evaluation.

RIYAZ PUNJABI, of Himalayan Research and Cultural Foundation, said large parts of the world were moving towards a democratic paradigm. That paradigm provided a greater scope for the protection of civil, political and overall human rights and fundamental freedoms. Still, in major parts of the world, democratic participation and social and economic empowerment at the grassroots level remained a far-off dream.

It was equally an amazing feat that many authoritarian States claimed to be democracies. The dictatorial regimes in those States banned political parties, banished popular political leaders and decimated dissent. Those States needed to be identified and pressured to restore democratic order in its normal and real form.


RAMON CARDONA, of World Federation of Trade Unions, said that in addition to enduring an unjust economic blockade for more than four decades, the Cuban people now faced increased threats, including a threat to their right to self-determination. The Commission’s inquiry into the human rights situation in Cuba had been intended to censure the social process in that country, which actually stood as a reference of how to achieve a better future for all – and not just for some. This year’s attempt within the Commission to continue the selective and discriminatory treatment of the Cuban people should be opposed.

The Federation also wished to bring attention to the situation in Balawaristan – present-day Pakistan-occupied Kashmir. In this area, basic political freedoms and the rule of law, as well as basic infrastructure, were non-existent. Economic development had been willfully neglected for decades and the people had no control over the region’s rich natural resources. The Government of Pakistan was called upon to implement the decisions of its own judicial organs and the recommendations of various international agencies so that the people of the region could exercise their right to self-determination.

ABDEL BAGRIL, of African Society of International and Comparative Law, said a number of African countries faced serious challenges in the area of the promotion and protection of human rights and fundamental freedoms. The situation was especially dramatic in countries experiencing armed conflicts and social unrest.

Under such circumstances, all warring factions without exception committed all sorts of human rights violations with impunity. This was happening in Nigeria, Uganda, the Ivory Coast, the Democratic Republic of the Congo, western Sudan, and Chad.

EPI NARTI, of International NGO Forum on Indonesia Development, said Aceh was isolated from all external humanitarian assistance, which had the effect of preventing the monitoring of human rights violations. The safety and security of human rights defenders during martial law had also been undermined. The Government of Indonesia had no policy or practice for protecting human rights defenders.

The Commission should urge the Government of Indonesia to revoke martial law in Aceh and allow wider space to the international humanitarian community to provide assistance to the people of Aceh and to monitor the human rights situation there.

DAVID LITTMAN, of World Union for Progressive Judaism, said the Commission should address the alarming wave of anti-Semitism which today characterized not only Europe but a growing part of the Arab/Muslim world. Europe’s reaction to this scourge had so far been disappointing, with Islamists permitted to openly preach their anti-democratic values in the heart of Europe.

At the beginning of the 21st century, terrorism, anti-Semitism, racism and jihad had become globalized, and the consequences affected all. The struggle against these evils was an indivisible part of the campaign for human rights across the globe.

GIANFRANCO ROSSI, of International Association for the Defence of Religious Liberty, said many countries and people in the world were living in situations of insecurity and fear of the threat of international terrorism. Terrorism sowed hatred, destruction and death. It violated human rights everywhere it took place.

The religion that had a global vision of the human family should have played an important role in the construction of a just society that respected human rights. However one could note the existence of religious extremism that was contrary to the building of just, peaceful and pluralist societies. Religious totalitarianism was growing. In many countries, such movements aimed at imposing religious law. A whole society therefore could be dominated by the perception of one religion, and those who did not follow that religion were considered infidels.

The representatives of Médecins du Monde International, said that, with respect to the situation in Chechnya, his organization would continue to report on serious violations of human rights and international humanitarian law so long as the situation was perpetuated. Among other problems, police controls in camps had been increased and armed kidnappings were on the rise. Moreover, there was reduced public access to care and clinics. The United Nations High Commissioner for Refugees had denounced the manner in which access to care had been limited.

Médecins du monde’s statistics showed that the war continued and that the vast majority of those wounded died. Furthermore, an official ban on using anesthetics during surgery was unacceptable. The international community was called upon to ensure, in cooperation with the Government of the Russian Federation and Chechen authorities, better access to assistance and acceptable alternatives for the Chechen population.

RAJA HUSSAIN, of International Human Rights Association of American Minorities, said the State of Jammu and Kashmir, which was under the occupation of India, continued to suffer flagrant human rights violations perpetrated by the occupying military and paramilitary forces. The victims of these abuses were private individuals of all ages.

Kashmiris’ fundamental human rights were being trampled upon by the Indian occupation forces on a daily basis. The Commission had a responsibility and a duty to prevent gross violations of human rights, and Kashmiris were looking to the Commission to help them.

FAROOQ REHMANI, of World Muslim Congress, said profound and growing concern was felt over continued human rights abuses by India in Jammu and Kashmir. Although the guns along the ceasefire line were silent, India had been quick to add a new phenomenon to her campaign of terror against the people of Kashmir in the form of the use of human shields. This tactic had resulted in the brutal killings of five civil porters in Bandipur. The slaughter had forced human rights activists in Srinagar to demand a ban on the use of civilian forced labour by the Indian army.

Kashmir had become a land containing the graves of innocent people killed by the state terrorism of India. The only business flourishing in this impoverished region was that of gravestone workshops. The Commission should initiate a fresh, results-oriented effort to ease the grim human rights situation in Indian-occupied Jammu and Kashmir.

IVONNE PEREZ GUTIERREZ, of National Union of Jurists of Cuba, said that the since 1959, the Government of United States, directly or indirectly, was responsible for the deaths of 3,478 Cubans and injuries to 2,099 others. It also continued to imprison five Cuban heroes who had been fighting terrorism.

With the support of the Israeli Government, the United States had undertaken a preventive war against the people of Iraq. The Cuban people had been resisting the barbaric strategy of political, economic and military domination of the United States, despite the economic blockade imposed against Cuba by the US. In her report on Cuba, the Personal Representative of the High Commissioner for Human Rights had not given much attention to the progress made by the country in economic, social and cultural rights.

M’HAMED MOHAMMED CHEIKH, of International Youth and Student Movement for the United Nations, said gross and grave violations of human rights were taking place in Western Sahara, where Morocco persisted in a repressive policy towards the civil population and continued a campaign of defamation and discredit of human rights defenders.

It was urgent that the international community redouble its efforts and set up concrete mechanisms to ensure that the fundamental rights to freedom and security, which were applicable to all, were respected in Western Sahara.

AHMED SIDI ALY, of International Union of Socialist Youth, said grave human rights violations had been taking place in Saharawi since 1975. The people there had been subjected to all forms of human rights violations. The Moroccan authorities had persecuted workers and leaders of trade unions. The Saharawi human rights defenders had been banned and their activities prohibited by the authorities. Many Saharawis had disappeared. The whereabouts of 500 individuals were unknown.

The construction by the Moroccan authorities of the separation wall between Morocco and Saharawi had been a shameful act. The United Nations High Commissioner for Refugees (UNHCR), meanwhile, apparently had forgotten the cases in which Saharawi family members were separated. The process of reunification had been stopped because of the complications posed by the wall. The wall had also curtailed the movement of the people of Saharawi.

SOE AUNG, of Worldview International Foundation, said Burma’s military junta claimed to be working for “disciplined democracy” with a seven-point “roadmap” but in reality it continued to arrest and detain democracy activists, including leaders of the election-winning National League for Democracy. The junta continued to ignore the resolutions adopted in previous years by the General Assembly and other relevant international bodies. It blatantly ignored the Secretary-General’s efforts to facilitate a national reconciliation process, and violations of human rights, including arbitrary killings, rape, looting, forced relocation and the destruction of villages continued, particularly in border areas where offensives were launched against ethnic minorities.

The Burmese people were being held hostage under the military’s corrupt, brutal, inhumane and undemocratic policies. What was needed was a transition that respected human rights and involved all interested parties. All political prisoners should be released and military attacks against ethnic groups must cease. Any roadmap to democracy in Burma must reflect the will of the people.

SHAMIM SHAWL, of International Islamic Federation of Students Organizations, said the dispute over Kashmir was a sad saga of violations of human rights emanating from the non-implementation of United Nations resolutions. Forcible occupation defined the lives of those living in Jammu and Kashmir. The region’s indigenous freedom movement was being crushed through India’s state terrorism and massive counter-insurgency operations. To maintain its illegal occupation, India had stationed more than 700,000 troops in the disputed territory and had engaged in systematic and significant human rights violations including extra-judicial killings, rape in custody, arbitrary arrest and detention, and the excessive use of force against innocent Kashmiris.

Respect for fundamental human rights was a universal norm and an international obligation. The people of the world who lived in occupied territories deserved the special attention of the United Nations and its human rights bodies. The Commission should demand that India prove its sincerity in dialogue with Kashmir and Pakistan.

LAZARO PARY, of Indian Movement “Tupaj Amaru”, said Cuba continued to be the victim of State terrorism unprecedented in history, with the clear intent of destroying the socialist movement in the country. The terrorism was perpetrated by the US Government, which refused all humanitarian aid to the country. In flagrant violation of the principle of non-interference, the US Government tolerated, permitted encouraged and financed from its own territory endless hours of broadcasts urging disorder, sabotage and terrorist actions against the State of Cuba, actions that had resulted in deaths.

This double standard and double morality had caused, after the events of September 11th, the unjust placing of Cuba on the list of countries giving aid to terrorists.

AKHTARUL WASEY, of Voluntary Action Network India, said the New World Order had posed new challenges for human rights which were coming to the fore in different forms and shapes and required new responses if they were to be dealt with effectively. New and unique zones of conflict had emerged in different parts of the world, and gross and flagrant violations of human rights and fundamental freedoms were taking place at the hands of both State and non-State actors.

Non-State actors were using brutal methods to cause mayhem and destruction. The world was also witnessing new trends in hate between and among communities. A strong United Nations held the hope of building a world in which human rights and fundamental freedoms would be respected.

DIEUDONNE DIKU, of Comite international pour le respect et l'application de la charte africaine des droits de l'homme et des peuples, said that the war in the Democratic Republic of the Congo had seen many violations of human rights. Although there had been a document signed in South Africa that called for an amnesty for all actions except grave war crimes and crimes against humanity, no action had been taken to redress such war crimes and crimes against humanity. There was a legal vacuum in that area, which meant that victims did not have the ability to defend their rights. Moreover, one could not pretend to protect human rights without allocating the proper financial and logistical resources to set up judiciary and investigation and security institutions.

The Government of the Democratic Republic of the Congo was called upon to ratify the Statute of the International Criminal Court and to implement the obligations of signatories of the Statute.

NATIVIDAD GUERRERO BORREGO, of Centro de Estudios sobre la Juventud, said Cuba had dedicated much effort to her people's education. No one had the right to condemn or intervene in the affairs of Cuba without any evidence. The case of the unjustified arrest of the five Cubans detained in the United States on the false pretext of terrorism was of great concern. The United States had not allowed those persons to receive their family members and they continued to be imprisoned without any evidence. They were not able to see their wives and children.

The international community and the Commission should denounce the arbitrary arrest of the five Cubans and call for the Government of President Bush to free them and to lift the economic blockade against Cuba.

ARASH GUITOO, of Organization for Defending Victims of Violence, said there were violations of human rights and fundamental freedoms in a number of countries, including Iran, where despite relative advances in various social areas, some serious concerns still existed. In Iraq, the lives and properties of innocent people continued to be seriously threatened, and people were deprived of their most basic rights to health and security. The United States’ treatment of the detainees at Guatanamo Bay was still a serious concern.

International mechanisms were the only legitimate way to conduct a war against terrorism, and all States should avoid unilateral actions so as to reduce violations of human rights and fundamental freedoms.

MURIEL MINGOT, of Al-haq, law in the service of man speaking on behalf of Habitat International Coalition, said the NGOs were greatly disturbed by the swiftly deteriorating situation in the occupied Palestinian territories. One of the most disturbing developments of the past year was the construction of the annexation wall, which would snake through the West Bank to encompass Palestinian land and illegal Israeli settlements on the “Israeli” side, while excluding indigenous Palestinians. Its construction had already involved the confiscation of thousands of acres of Palestinian land, including fertile agricultural land and critical water resources. At least 40 per cent of the West Bank would be de facto annexed by the Wall once it was completed.

This construction had also aggravated violations of fundamental human rights, such as the rights to freedom of movement, property, adequate housing, work, livelihood, family, water and access to public goods and services including education and health. In addition to the wall, Israeli authorities had systematically implemented other ongoing restrictions on Palestinians’ movement. Such restrictions had a grave impact on all aspects of Palestinian life.

RAFENDI DJAMIN, of Netherlands Organization for International Development Cooperation, said that since the last Commission session, the human rights situation in Indonesia had deteriorated. The global war against terrorism had been used as a justification by Indonesia to develop legislation and regulations with an authoritarian character. The process of resolving past human rights violations by both judicial and non-judicial means was stagnating.

The Commission should urge the Government of Indonesia to immediately end its anti-terrorism legislation, to accept a visit of the Special Rapporteur on freedom of expression, and to intensify its cooperation with relevant United Nations mechanisms by implementing the recommendations of various special procedures that had visited the country.

SHARMA US, of International Institute for Peace, said the situation of human rights in any country was a function of that country’s system of governance. It was in this context that concern was felt over recent developments in Bangladesh, where events threatened to usher in an era of increasing human rights violations.

Political configurations in any country impacted not only on the day-to-day governance of the country but on the kind of values that were inculcated in society. The Commission had a responsibility to conduct an immediate investigation into the condition of minorities in Bangladesh and to suggest remedial measures.

GIANFRANCO FATTORINI, of Movement against Racism and for Friendship among Peoples, said the situation of human rights and fundamental freedoms in China remained a matter of much concern. Freedom of association and of expression were still greatly limited, as was freedom of religion for the people of Tibet.

In Iran, civil and political rights remained frozen in an atmosphere of strict control of all forms of individual liberty. Concern also was expressed over reports of torture and inhuman treatment in Morocco. Such abuses were being carried out in the context of the fight against terrorism.

Rights of reply

HELENA MINA (Cyprus) said with regard to the statement made by Turkey that the Government of Cyprus was the internationally recognized legitimate Government of Cyprus, and no Government other than Turkey had recognized the other Government of Cyprus, which was illegally set up. States should have respect for the recommendations of the Security Council, as well as for people’s right to self-determination. Also untrue was the allegation that Turkish Cypriots were faced with extermination. Although such statements did not augur well for a positive result of the current reunification talks, the Government of Cyrus remained committed to finding a solution that would reunify the island in accordance with the decisions of the United Nations and the European Union.

ANDREI MOLCHAN (Belarus) said the delegation of Canada had been deliberately misleading the Commission in claiming that disappearances continued in Belarus. The incidents cited by Canada had occurred four or five years ago, and investigations were either ongoing or had resolved these cases. It should be noted that Canada itself had all sorts of problems with disappearances, including disappearances of indigenous women. The US Government had given exhaustive information on the status of non-governmental organizations and the media in Belarus. But Belarus was one of the only countries of the former Soviet Union in which there was inter-faith peace. The United States was a country that violated human rights itself.

Economic, social and cultural rights

As the Commission took up its consideration of economic and social affairs, it had before it an Addendum to the report of the Independent Expert on extreme poverty, Anne-Marie Lizin, on her mission to Yemen (E/CN.4/2004/43/Add.1). (Ms. Lizin’s main report was not yet available.) Ms. Lizin congratulated the Government of Yemen on its efforts to implement a civil registration programme. She recommended that Yemen pursue its efforts to promote recognition of women's rights by supporting campaigns against violence and adopting a law setting quotas for representation of women in Parliament and in local councils; that Yemen continue to strengthen the role assigned to local authorities in efforts to combat poverty; and that Yemen set up adequate monitoring mechanisms at the national level.

Statements on economic, social and cultural rights

ANNE-MARIE LIZIN, Independent Expert on human rights and extreme poverty, said extreme poverty was an absolute denial of human rights, whatever the country and whatever the level of development in which the extremely poor person lived. Six years of observation of States in various contexts had allowed her to examine the role of the United Nations Development Programme (UNDP), the World Bank and other agencies during visits to Albania, Algeria, Benin, Bolivia, Brazil, Bulgaria, Burundi, China, Ecuador, France, Lebanon, Portugal, the Democratic Republic of the Congo, the Dominican Republic, Sudan, and Yemen, as well as other countries. Her final report (E/CN.4/2004/43) aimed to provide answers to the question: what were the key human rights elements through which the situation of the poorest in the world was best addressed?

An important element for addressing the fight against poverty was to not give in to pessimism, even though extreme poverty was still far from being vanquished, and the multiple initiatives of the international community and development organs could not hide the fact that extreme poverty remained a massive phenomenon. The Expert considered that the evolution of the World Bank with regard to social goals and programmes for social development remained too limited. The policies of restructuring States, of an efficient policy of security linked to a policy of fighting against poverty and respect for the rights of men and women had brought the Expert to examine in several countries civil state policies. She also noted that racism against the poor was a widespread form of social behaviour, and during the period of her studies this problem had only increased throughout the world, due to an exacerbation of differences, a generalization of fear, and thus also of hatred. The Arab region deserved special attention, as poverty had increased in that region due to policies of rejection by the rest of the world.

Ms. Lizin said her principal recommendations were as follows: the recognition of the indisputable responsibility of the State on the territory of which extremely poor populations lived; the need for a programme of “good laws”, including a system of social security which would insure health, employment and retirement risks; the restructuring of States and good governance; a guaranteed minimum income, linked to a reinsertion policy; access to education and health; a reinforcement of the role and power of women; micro-credit; and a listening policy with regard to poorer populations. The Commission should continue to analyze the deep impact of modern civil state systems on the perception of rights and the capacity for enjoying rights of poorer populations.
Ms. Lizin made specific recommendations for two countries. She recommended that Sudan reinforce the role of women in society and help them to assume their proper place in society; a means of doing this would be to forbid genital mutilation, although a significant amount of work had already been done in this field. And she congratulated the Government of Yemen for the efforts it had made to implement its civil state program. She also recommended recognition of the rights of women by Government of Yemen through campaigns against violence; and she recommended that an independent national institution for human rights be re-established and used to reinforce the role of local authorities in the fight against poverty.

SULAIMAN MOHAMED TABRIZI (Yemen) said Yemen appreciated the report and thanked the Independent Expert for her visit to the country. The Yemeni economy had gone into crisis during the first and the second Gulf Wars. Many Yemeni workers had returned from elsewhere in region, creating employment problems. In addition, Yemen’s negative trade balance and balance of payments did not allow economic stability. However, the Government had continued to make economic reforms with assistance from the World Bank and the United Nations Development Programme. Particular attention had been focused on the empowerment of women. Measures to improve the social situation of all people were also being taken.

The Government had implemented programmes aimed at reducing the level of poverty with the help of international donors. It had also endeavoured to implement a programme of structural adjustment that would absorb unemployment and ease other economic problems. Further measures had been taken to benefit the poor in qualitative terms. Over the coming three years, the Government was planning to finance projects, with the help of international assistance, that would close the gap between the current economic situation and the standards set in the Millennium development goals.

ELSIDDIG ABDELAZIZ ABDALLA (Sudan) said the Independent Expert’s rapid response to his Government’s extension of an invitation to visit best exemplified Sudan’s cooperation with the Commission’s mechanisms. The Independent Expert had met with high officials in the State, including those responsible for combating poverty and for advancing social affairs and civil registration. Great efforts had been made to carry out technical cooperation and development of services in accord with the advice of the Office of the High Commissioner for Human Rights. On the subject of extra-judicial sentences, Sudan anticipated a visit of the relevant Special Rapporteur next year.

Ms. Lizin’s report had also shown the role played by national financial institutions in the fields of combating extreme poverty and the financing of small and medium enterprises, among other efforts. To combat poverty, the Government now mandated that petroleum industries allocate part of their revenues to help the populations of oil-producing regions. Among other developments cited by the Independent Expert, the law on civil registration had been redressed. All of the Independent Expert’s comments would receive due consideration by the Government of Sudan.

LA YIFAN (China) said with regard to the Independent Expert’s report, mention was made of China’s efforts at alleviating poverty, and Ms. Lizin’s positive comments on this were appreciated. In its effort to eliminate poverty, China remained confronted with difficulties, although it had lifted 250 million people out of poverty over the last two decades. China was aware of its responsibilities and duties in this regard, and was committed to making new and more efforts to remedy the matter, and hoped the Expert would provide suggestions.

The United States called itself the most developed country, but its military expenditure was greater than all other countries combined, and its levels of poverty increased every day, and had reached 34.6 million, or 16.7 per cent of children, and there were many millions of homeless. China, not understanding this situation, asked whether the US Government had invited Ms. Lizin to visit the US to improve the situation there.
YSSET ROMAN MALDONADO (Dominican Republic) said the Independent Expert had made a reference to discrimination that was inaccurate. The Dominican Republic wanted further explanation on the issue.

BRIAN CAHALANE (Ireland), speaking on behalf of the European Union, said the Independent Expert had reaffirmed the strong link between extreme poverty and female illiteracy. The EU requested additional information on initiatives to redress that phenomenon. Moreover, as Ms. Lizin’s mandate would soon finish, what recommendations did she have for the future Independent Expert? On the universalization of civil services, what steps should be taken to ensure universal provision of identify papers and otherwise avoid statelessness? And finally, in regard to her mission to Yemen, did Ms. Lizin foresee specific programmes for remedying the difficulties faced by women, in particular in the attainment of identity papers, due to high cost?


CORRIGENDUM

The statement of the International Organization for the Elimination of All Forms of Racial Discrimination appearing in press release HR/CN/04/21 should read as follows:

HANAN SHARFELDDIN, of International Organization for the Elimination of All Forms of Racial Discrimination, said the apartheid wall under construction by the fanatic Zionist forces in Palestine was clear evidence of the fascist and racist policies that had been fought by the international community all over the world. The wall would harm not only Palestinians, but also would harm Israelis and isolate them.

Israel remained above the law and ignored the rest of the world because of the blind and unconditional support given the country by the American Administration. NGOs and members of the Commission would undoubtedly stand firm against this racist apartheid wall, and against double standards when dealing with Israel, since the approach violated all of the principles humanity had worked so hard to uphold.

In Press release HR/CN/04/22, page 12, of 25 March 2004, the right of reply of the Permanent Representative of Greece should read as follows:

TASSOS KRIEKOUKIS (Greece), speaking in a right of reply in reference to paragraph 12 of the statement made by Pakistan on behalf of the Organization of the Islamic Conference, said that human rights were universal, indivisible, interrelated and independent. Universality is the cornerstone of the Human Rights system we have to respect and protect. The aforementioned reference runs to the contrary of this principle. All in this room might be aware that important talks for the solution of the longstanding Cyprus problem are being held now in Bürgenstock in Switzerland. Greece remains fully committed to a just, functional and viable settlement, which will allow a reunified island to become member of the European Union on 1st May 2004. There is no doubt that such a settlement will not only protect and enhance but forge the Human rights of all Cypriots, both Greek and Turkish, irrespective of their religion.”