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Joint statements by special rapporteurs of UN human rights commission

25 June 2004

25 June 2004

Protection of human rights and fundamental freedoms in the context of anti-terrorism measures

Joint Statement by participants at the eleventh Annual Meeting of the Special Rapporteurs/representatives, independent experts and chairpersons of the working groups of the Special Procedures of the Commission on Human Rights and of the Advisory Services Programme:


The Special Rapporteurs/representatives, independent experts and chairpersons of the working groups of the Special Procedures of the Commission on Human Rights and of the Advisory Services Programme, meeting in eleventh annual session in Geneva from 21 to 25 June 2004, reiterate the concerns expressed in their statement of June 2003 regarding the serious incidence that certain measures taken in the name of the fight against terrorism may have on the enjoyment of human rights and fundamental freedoms.

They once again strongly voice their unequivocal condemnation of terrorism in all its forms. At the same time, they reaffirm their individual and collective determination to monitor, each within the framework of his or her mandate, those policies, legislation, measures and practices developed by States in the name of the fight against terrorism, with a view to ascertaining that they are consistent with international human rights standards.

Bearing in mind a number of recent developments that have seriously alarmed the international community with regard to the status, conditions of detention and treatment of prisoners in specific places of detention, they express their unanimous desire that the Special Rapporteur on the Independence of Judges and Lawyers, Mr. Leandro Despouy, the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, Mrs. Leila Zerrougui, the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, Mr. Paul Hunt and the Special Rapporteur on Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, Mr. Theo van Boven, visit, together and at the earliest possible date, those persons arrested, detained or tried on grounds of alleged terrorism or other violations, in Iraq, Afghanistan, the Guantanamo Bay military base and elsewhere, with a view to ascertain, each within the confines of their mandate, that international human rights standards are properly upheld with regard to these persons, and also to make themselves available to the authorities concerned for consultation and advice on all issues within their areas of competence. They further express the wish that they present the outcome of their approaches and visits to the sixty-first session of the Commission on Human Rights.

Violations of human rights and fundamental freedoms in the occupied Palestinian territories

Joint statement by participants at the eleventh Annual Meeting of the Special Rapporteurs/Representatives, Independent Experts and Chairpersons of the Working Groups of the Special Procedures of the Commission on Human Rights and of the Advisory Services Programme:


The Special Rapporteurs/Representatives, Independent Experts and Chairpersons of the Working Groups of the Special Procedures of the Commission on Human Rights and of the Advisory Services Programme, meeting in eleventh annual session in Geneva from 21 to 25 June 2004, express our strong concern regarding continuous violations of human rights and fundamental freedoms in the occupied Palestinian territories despite grave concerns repeatedly expressed by the international community, including through Security Council Resolution 1544 of 19 May 2004. Such expressions of grave concern have been dealt with in numerous missions and statements by special procedures. This concern has been most recently expressed in numerous statements regarding the human rights violations taking place during the military incursion by the Israeli Defence Force in the Rafah refugee camp of the Gaza strip.

We deplore the practices of the Israeli authorities, including targeted killings, excessive use of force during military incursions, arbitrary and long periods of incommunicado detention, and torture and other forms of inhuman and degrading ill-treatment. Furthermore we deeply regret the policy of demolition of Palestinian houses and destruction of civilian property, the massive confiscation and destruction of land, and restrictions on the freedom of movement, which violates, inter alia, the human rights to food, housing, water, health, education and work.

We also denounce the practice of “suicide bombings” carried out against the Israeli population.

Recalling previous recommendations from UN human rights mechanisms, we would urge the Security Council to authorize an international protection force in the occupied Palestinian territories to ensure that human rights violations cease.

We will continue to closely monitor the human rights situation in the occupied Palestinian territories, and report on violations, through joint action when necessary. We urge Israel to comply with its obligations under international law, and to fully cooperate with the United Nations protection and monitoring mechanisms, including during country visits by special procedures of the Commission on Human Rights.

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Situation of migrants

The Special Rapporteurs/Representatives, Independent Experts and Chairpersons of the Working Groups of the Special Procedures of the Commission on Human Rights and of the Advisory Services Programme, meeting in eleventh annual session in Geneva from 21 to 25 June 2004, express their strong concern regarding the continued deterioration in the situation and the denial of human rights of migrants. We recognize the sovereign right of States to promulgate laws and regulations concerning the entry of aliens and the terms and conditions of their stay. Such actions by States must, however, be consistent with their obligations under international humanitarian law and human rights law. In this regard, we wish in particular to express our concern about the current attempts to institutionalize discrimination and exclusion of migrants as well as the increasing tendency to restrict the human rights of migrants, including the treatment that migrants, especially women and unaccompanied minors, deemed to be irregular, receive.



First name
Last name
Mandate
Last country visit (thematic experts)
Charlotte
Abaka
Independent Expert on Tech. Coop in Liberia


Ghanin
Alnajjar
Independent Expert on Somalia


Abdelfattah
Amor
Special Rapporteur on freedom of religion or belief

Romania (2003)
Cherif
Bassiouni
Independent Expert on Afghanistan


Christine
Chanet
Special Representative HC on Cuba


Francis
Deng
Special Representative of the SG on IDPs

Russia, including Northern Caucasus (2003)
Leandro
Despouy
Special Rapporteur on Judges and Lawyers

Kazakhstan (2004)
Doudou
Diène
Special Rapporteur on racism

Côte d’Ivoire (2004)
Yakin
Ertürk
Special Rapporteur on violence against women

Occupied Palestinian Territories (2004)

Stephen
Toope
Chairman, WGEID


Paul
Hunt
Special Rapporteur on physical and mental health

Peru (2004)
Asma
Jahangir
Special Rapporteur on ESAE

Sudan, including Darfur (2004)
Hina
Jilani
Special Representative on Defenders


Louis
Joinet
Independent Expert on Haiti


Peter Lesa
Kasanda
Chairperson/Rapporteur WG African Descent


Miloon
Kothari
Special Rapporteur on the Right to Adequate Housing

Brazil (2004)
Peter
Leuprecht
Special Representative on Cambodia


Ambeyi
Ligabo
Special Rapporteur on freedom of opinion and expression

Colombia (2004)
Anne-Marie
Lizin
Independent Expert on poverty

Sudan (2002)
Andreas
Mavrommatis
Special Rapporteur on Iraq


Iulia
Motoc
Special Rapporteur on the DRC


Bernards A.N
Mudho
Independent Expert on structural adjustment
Kyrgyzstan
Olara
Otunnu
Special Representative for children and armed conflict


Fatma Zohra
Ouhachi-Vesely
Special Rapporteur on toxic wastes

United States (2001)
Paulo
Pinheiro
Special Rapporteur on Myanmar


Gabriela
Rodriguez-Pizzaro
Special Rapporteur on Migrants

Italy (2004)
Arjun
Sengupta
Independent Expert on structural adjustment

Rodolfo
Stavenhagen
Special Rapporteur on Indigenous People

Canada (2004)
Theo
van Boven
Special Rapporteur on torture

Uzbekistan (2003)

Leila
Zerrougui
Chairperson/Rapporteur WGAD

Latvia (2004)
Jean
Ziegler
Special Rapporteur on the right to food

Ethiopia (2004)