SECRETARY-GENERAL ELABORATES ON REFORM OF HUMAN RIGHTS STRUCTURES IN ADDRESS TO COMMISSION ON HUMAN RIGHTS

Commission on Human Rights
MORNING
7 April 2005


Commission Continues its Consideration of Integration
of the Human Rights of Women and the Gender Perspective


United Nations Secretary-General Kofi Annan today elaborated on proposals to reform the human rights machinery of the United Nations in his address to the Commission on Human Rights.

Outlining the reforms envisaged for the three main pillars of the Organization's human rights machinery -- the treaty body system, the Office of the High Commissioner for Human Rights, and the intergovernmental machinery -- contained in his report, "In Larger Freedom", the Secretary-General said that the most dramatic of his proposals concerned the replacement of the Commission itself by a smaller Human Rights Council.

While the Commission in its current form had notable strengths such as its ability to take action on country situations, to appoint rapporteurs and other experts, and to work closely with civil society groups, its ability to perform its tasks had been overtaken by new needs, and had been undermined by the politicization of its sessions and the selectivity of its work, Mr. Annan said. A Human Rights Council could provide conceptual and architectural clarity, in parallel with the existing councils tasked to deal with security and development.

The Council would be a standing body, he explained, able to meet when necessary, rather than for only six weeks per year. It should have an explicitly defined function as a chamber of peer review, and its main task should be to evaluate all States' fulfilment of all their human rights obligations, giving concrete expression to the principle that human rights were universal and indivisible. Moreover, the Council should be equipped to give technical assistance to States, and to provide policy advice to States and United Nations bodies alike. Furthermore, under such a system, every Member State could come up for review on a periodic basis.
The Secretary-General paid tribute to the late Pope John Paul II, calling him an irreplaceable voice speaking out for peace, for religious freedom, and for mutual respect and understanding between people of different faiths. He also extended his condolences to the people and Government of Monaco over the loss of Prince Rainier.

Mr. Annan said the world faced appalling suffering in Darfur, Sudan. Valiant efforts had been made to deliver humanitarian assistance, and the Security Council had agreed to impose sanctions on individuals committing violations of international humanitarian or human rights law, and to ask the International Criminal Court to play its essential role in lifting the veil of impunity and holding those accused of war crimes and crimes against humanity accountable. Moreover, gratitude should be extended to the troops deployed by the African Union, whose presence had helped to protect the population from further crimes. However, in its present form, that force remained insufficient to provide security throughout such a vast territory. Meanwhile, there had been little progress towards a political settlement.

Makarim Wibisono, the Chairperson of the Commission, in introducing the Secretary-General, said the Secretary-General's contribution to the cause of human rights had been remarkable, as was recently testified by the issuing of his report on United Nations reform, in which he clearly affirmed the centrality of human rights in the United Nations system and programmes. His guidance on the future of the Commission was of importance and he would be listened to with particular attention.

Also this morning, the Commission continued its general debate on women's rights, as speakers highlighted issues related to the need to integrate the gender perspective in all aspects of national and international policy making, and especially in development policy, as sustainable development would not be possible without gender equality. Issues related to the prevalence of violence against women, including in the forms of rape, sexual exploitation such as trafficking, domestic violence, as well as women's particular vulnerability to violence in armed conflict, and to HIV infection as a result of their vulnerability to violence, were also highlighted.

Addressing the Commission were the Representatives of Liechtenstein, Yemen, Oman, Norway, Iraq, Syria, Viet Nam, Chile, Myanmar, Poland, Azerbaijan, Venezuela, Algeria, Bahrain, Afghanistan, Libya, Democratic Republic of the Congo, Morocco, Colombia, Democratic People's Republic of Korea, Bangladesh, Jordan, Thailand, Haiti, Nicaragua, Cameroon, Croatia, Israel, and Senegal.

Representatives of the International Federation of Red Cross and Red Crescent Societies, World Bank, World Health Organization, African Union, United Nations Joint Programme of HIV/AIDS (UNAIDS), and United Nations Population Fund also addressed the Commission.

Non-governmental organization Representatives addressing the Commission included: Centro de Estudios sobre la Juventud (speaking on behalf of Federation of Cuban Women and National Union of Jurists of Cuba); Coalition Against Trafficking in Women (speaking on behalf of several NGOs1); International Council of Women (speaking on behalf of several NGOs2); Human Rights Advocates (speaking on behalf of International Council of Women); Amnesty International (speaking on behalf of Center for Women's Global Leadership); World Young Women's Christian Association (speaking on behalf of General Arab Women Federation); Femmes Africa Solidarite (speaking on behalf of several NGOs3); Association for World Education (speaking on behalf of World Union for Progressive Judaism); Women's International Zionist Organization; Canadian HIV/Aids Legal Network; and World Organization against Torture.

The Commission on Human Rights will reconvene at 3 p.m. this afternoon to conclude its general debate on the integration of the human rights of women and the gender perspective, including violence against women, and to begin its consideration of the rights of the child. The Commission will also take action on two draft resolutions under its agenda item on the right of peoples to self-determination and its application to peoples under colonial or alien domination or foreign occupation.

Introduction to and Address by the Secretary-General of the United Nations

MAKARIM WIBISONO, Chairperson of the Commission, said it was a tremendous honour to have the Secretary-General come before the Commission. Indeed, his contribution to the cause of human rights had been remarkable, as was recently testified by the issuing of his report on United Nations reform, in which he clearly affirmed the centrality of human rights in the United Nations system and programmes. His guidance on the future of the Commission was of importance and he would be listened to with particular attention.

At the same time, it could not fail to be noticed that the Secretary-General's presence came at a moment when the world was mourning the loss of His Holiness Pope John Paul II, who had been a tireless advocate for the cause of social justice, peace, and fundamental freedoms. The Commission knew that the Secretary-General would be leaving for Rome shortly to attend his funeral, and was grateful that he had taken the time to appear at the meeting.

KOFI ANNAN, the United Nations Secretary-General, paid tribute to the late Pope John Paul II, calling him an irreplaceable voice speaking out for peace, for religious freedom, and for mutual respect and understanding between people of different faiths. As the international community mourned his loss, all concerned with human rights should pledge to preserve his legacy. He also extended his condolences to the people and Government of Monaco over the loss of Prince Rainier.

The Secretary-General recalled that one year ago today, the Commission had stood in silent tribute to the memory of the victims of the Rwandan genocide, and had resolved to act more decisively to ensure that such a denial of common humanity never occurred again. Today, another moment had arrived at which the international community must prove its commitment. The world faced appalling suffering in Darfur, Sudan. Valiant efforts had been made to deliver humanitarian assistance, and the Security Council had agreed to impose sanctions on individuals committing violations of international humanitarian or human rights law, and to ask the International Criminal Court to play its essential role in lifting the veil of impunity and holding those accused of war crimes and crimes against humanity accountable. Moreover, gratitude should be extended to the troops deployed by the African Union, whose presence had helped to protect the population from further crimes. However, in its present form, that force remained insufficient to provide security throughout such a vast territory. Meanwhile, there had been little progress towards a political settlement. The situation remained a test for all, as individuals and as an institution. For thousands of men, women and children, the response was already too late.

The plight of lesser-known victims must also be considered, Mr. Annan said. The responsibility of the international community, under the Charter of the United Nations, to the weak, the poor and the vulnerable -- all those who were denied their human rights, or could yet fall prey to violence and oppression -- was clear. More must be done to promote and protect fundamental rights and freedoms, whenever and wherever they occurred.

None had a monopoly on human rights virtue, the Secretary-General confirmed. Abuses were to be found in rich countries as well as poor. Women in a wide range of countries continued to enjoy less than their full rights. Whether committed in the name of religion, ethnicity or state security, violations had a claim on the international conscience. Whether carried out in public, or more insidiously, breaches of human rights must compel the international community to stand up for the right of all human beings to be treated with dignity and respect.

Human rights stood at the core of the package of proposals submitted in the report, "In Larger Freedom", Mr. Annan noted. In that report, he had argued that development would not be enjoyed without security, or security without development. Neither would be enjoyed without universal respect for human rights. Unless all these causes were advanced, none would succeed; unless the human rights machinery was remade, public confidence in the United Nations itself could not be renewed.

The cause of human rights had entered a new era, the Secretary-General affirmed. For much of the past 60 years, the focus had been on articulating, codifying and enshrining rights. That effort had produced a remarkable framework of laws, standards and mechanisms, including the Universal Declaration, international covenants, and many other international instruments. While this work must be continued in some areas, the era of declaration was now giving way to an era of implementation, and the recommendations put forward reflected this evolution. Above all, they attempted to build a United Nations, which could fulfil the promise of the Charter. Major changes in the three central pillars of the United Nations human rights system -- the treaty bodies, the Office of the High Commissioner and the inter-governmental machinery -- were envisaged.

The seven treaty bodies stood as the independent guardians of the rights and protections that had been negotiated and accepted over the years, Mr. Annan acknowledged. Their dialogue with States emphasized accountability, and their recommendations provided clear guidance on steps towards full compliance. The treaty body system had helped to create national constituencies for the implementation of human rights. However, the system must be streamlined and strengthened, to enable the treaty bodies better to carry out their mandates. Urgent measures must be taken to enable them to function as a strong, unified system.

The membership of the Organization was also called upon to strengthen the Office of the High Commissioner for Human Rights, he noted, whose role had expanded greatly. In addition to its long-standing advocacy work, the Office was today engaged in conflict prevention and crisis response. And where much of its energies had once been devoted to servicing the human rights bodies, today it also offered wide-ranging technical assistance. Yet, the Office remained ill equipped in key areas such as early warning, even though human rights violations were often the first indicators of instability. The High Commissioner and her staff continued to work admirably within real constraints, and would be the first to acknowledge shortcomings. They were the best placed to identify ways to overcome such shortcomings, and the High Commissioner had accordingly been asked to submit a plan of action by 20 May 2005. It was expected that a request for additional resources would figure prominently in her recommendations. As central as human rights were to it work, the United Nations allocated just two percent of its regular budget to that programme. There must be an effort to scale up to meet the growing challenges confronting the world.

Turning to his proposal to replace the Commission on Human Rights with a smaller Human Rights Council, Mr. Annan said that the Commission, in its current form had notable strengths in its ability to take action on country situations, to appoint rapporteurs and other experts, and to work closely with civil society groups. However, the Commission's ability to perform its tasks had been overtaken by new needs, and had been undermined by the politicization of its sessions and the selectivity of its work. A point had been reached at which the body's declining credibility had cast a shadow on the reputation of the United Nations system as a whole. Piecemeal reforms would not be enough.

A Human Rights Council would offer a fresh start, he stressed. The basic premise was that the main intergovernmental body concerned with human rights should have the status, authority and capability commensurate with the importance of its work. As the United Nations already had councils to deal with its two other main purposes -- security and development -- creating a full-fledged council for human rights offered conceptual and architectural clarity. However, the most important aspect of the new body would be to carry out the tasks required of it.

The Council should be a standing body, Mr. Annan reiterated, able to meet when necessary, rather than for only six weeks per year. It should have an explicitly defined function as a chamber of peer review, and its main task should be to evaluate all States fulfilment of all their human rights obligations, thereby giving concrete expression to the principle that human rights were universal and indivisible. Equal attention should be given to civil, political, economic, social and cultural rights, as well as the right to development. Moreover, the Council should be equipped to give technical assistance to States, and to provide policy advice to States and United Nations bodies alike.

Under such a system, every Member State could come up for review on a periodic basis, he underscored. Yet, any such rotation should not impede the Council from dealing with massive and gross violations, which might occur. Indeed, the Council would have to bring urgent crises to the attention of the world community. Therefore, the new Human Rights Council must be a society of the committed. It must be more accountable and more representative. The members should be elected by a two-thirds majority of the General Assembly, and those elected should have a solid record of commitment to the highest human rights standards. This election process should help make members more accountable, and the body as a whole more representative.

Human rights remained the core of the United Nations' identity, the Secretary-General concluded. Men and women everywhere expected the Organization to uphold universal ideals, to serve as their ally and protector. They wanted to believe that the United Nations could help to unmask bigotry and defend the rights of the weak and voiceless. For too long, the international community had indulged that view of its own capabilities. Yet, the gap between what had been promised, and what was actually delivered, had grown. The answer was not to draw back from an ambitious human rights agenda, but to make improvement to enable the machinery to live up to the expectations. The world's constituents would not understand, nor accept, any excuse if the international community failed to act. The international community should show them that it understand what was at stake.

MAKARIM WIBISONO, Chairperson of the Commission, said that the Commission and all members would now have to reflect on the appeal of the Secretary-General made to live up to the world's expectations. Also, the Commission as a whole joined with the Secretary-General in expressing their condolences to the people of Monaco for the death of Prince Rainier.

General Debate on the Integration of the Human Rights of Women and the Gender Perspective

ANDREA HOCH (Liechtenstein) said this year violence against women seemed to receive much less attention than last year, and could, like other topics, be overshadowed by the current reform discussions. It was hoped that this shift of attention did not imply less commitment to combating violence against women in its different forms. HIV/AIDS had enormous negative implications on global peace, security and development. It was particularly important to look at HIV/AIDS from a human rights perspective and not only from a medical or health-related point of view. Gender inequality had been identified as an underlying reason for the special vulnerability of women and girls with regard to HIV/AIDS.

Unequal power relations between women and men could lead to violence and abuse in relationships or marriage, where women lacked the power to negotiate safer sex. Further inequalities existed with regard to employment as well as property and heritage rights that rendered women economically dependent. These structural and social inequalities had to be addressed in order to place women in a position to control their own lives including their sexual and reproductive lives and to better protect themselves from HIV/AIDS. Closely related to this was the need to provide women with better education, adequate information on reproductive and sexual health and sufficient access to prevention services. Women played a key role in combating the spread of HIV/AIDS. It was crucial to empower them and to win them as actors in the fight against this epidemic.

LUNTAN BAYARMAA, of International Federation of Red Cross and Red Crescent Societies, said that equality meant much more than treating all persons in the same manner; it meant making special efforts to address situational imbalance. In the case of the International Federation, this meant mainstreaming women's rights in Red Cross and Red Crescent emergency relief, recovery, public health and capacity-building activities. Integrating the gender perspective as a strategy by which to ensure that men and women had equal access to, and benefited from, all humanitarian programmes constituted the central message of the Gender Policy adopted by the International Federation in 1999.

Recognizing the need for profound changes in community attitude, the International Federation's work sought to facilitate that change, including through examination of best practices. For example, the Afghan Red Crescent Society had mobilized thousands of volunteers to promote humanitarian values and non-discrimination, even while taking local culture and tradition into account. However, ensuring women's rights could not be achieved through awareness-raising alone, or even through legislation. National programming often provided a necessary framework, but that framework had not always been exploited for its full value. Goals regarding gender equality and women's empowerment must be integrated into that programming.

SULAIMAN MOHAMMED TABRIZI (Yemen) said women had made headway in all aspects in the social and economic development of Yemen. Through their active participation in the political process of the country, Yemeni women had become partners in the decision making process and the political agenda of the country. Each time there was an election in the country, national and local, women actively participated in the electoral process, by electing and being elected. Yemeni women held key ministerial posts and other senior positions in the civil service. They also played an active role in the private sector as leaders and entrepreneurs. Every opportunity in the field of employment had been opened to Yemeni women. Rural women continued to receive all the Government's attention in their social and economic development. The Government had also made available health and educational facilities, and had facilitated the access of women to those services.

AHMED AL-SHAHARY (Oman) said since Oman had started to adopt development plans and strategies, women had been given special importance in all ways of life, including their status and education, improving their participation in the work market and economic activities. This aimed to achieve gender equality in education, salary and work benefits. The women of Oman had achieved a breakthrough in Parliamentary life and in the consultative council. Their role had been ensure at all levels of political life. The importance given to this issue by the Government stemmed from its conviction of the necessity to achieve equality between the sexes in order for women to participate fully in the development process.

ASTRID HELLE AJAMAY (Norway) said that while much had been achieved in implementation of the Beijing Declaration and Platform for Action, systematic reform remained a necessity in many areas, as did the need for effective implementation of existing frameworks. The Convention on the Elimination of All Forms of Discrimination against Women stood as a key instrument in that regard; and while it had been ratified by 179 States, an unprecedented number had made reservations to it. All States should withdraw those reservations, and those that had not yet ratified the instrument should do so.

Women continued to fall victim to gross human rights violations, she noted, including rape and other forms of sexual abuse, early and forced marriages, commercial sexual exploitation, female genital mutilation, honour killings, and violations of their rights to freedom of speech, religion and belief, education, and suffrage, as well as of their right to reproductive health. These inequalities and violations of human rights were not just profoundly unjust, they represented barriers to development and democracy. Along with the Millennium Goals, the commitments undertaken at Beijing, and in the context of the Convention on the Elimination of All Forms of Discrimination against Women, must be viewed as benchmarks for sustainable development. Time and again, women had been specifically targeted during times of conflict and gender-based violence as a strategy of war seemed to be on the rise.

MAYADA A. YASS (Iraq) said armed conflict was one of the most hateful situations where women suffered most and their human rights were most violated. The Government had been implementing the Beijing Declaration and Platform for Action, as well as the outcomes of the special session of the General Assembly of 2000. Women in Iraq held senior positions in the national Government and local councils. They served in the armed forces, in the police and other positions. They also participated in elections. They had been sent abroad to be trained and to pursue their higher education. Women had also been sent abroad as diplomats. They had been assuming their responsibilities in the promotion of social and economic development of the country. Through its programmes, the Government was promoting equality of gender by expanding the opportunities for women to freely participate in the society.

JOSEPH K. INGRAM, of World Bank, said one of the most critical lessons learned from experience was that effective economic and social development required sustained action at all levels to eliminate gender disparities and barriers to men's and women's full access to rights and resources. Many standard indices revealed the extent to which women suffered from greater inequality in both the public and private spheres. Women's lack of economic empowerment made them susceptible to physical violence, and subjected them to discrimination and social exclusion on the grounds of social norms and traditions.

Cultural heritage could not ever be a justification for violating the rights of women, and discriminatory gender norms and dynamics fuelled the spread of HIV/AIDS. Women's infection rates had spiralled in recent years. This was why the gender and legal dimensions had to be incorporated in HIV/AIDS programmes, as it was in those of the World Bank. Women should no longer have to live in fear, their children should no longer witness daily acts of violence, and men should enjoy the dignity and freedom from want that enabled them to use peaceful means to resolve conflicts.

SOUHEILA ABBAS (Syria) noted that women suffered disproportionately from poverty and hunger as they constituted the most marginalized and excluded of groups. Thus, before one could speak of gender equality, was it not necessary to ensure that women achieved security and stability, particularly in situations of armed conflict and occupation? For example, how could one speak of the women of the occupied Palestinian territories or occupied Iraq as contributing to building a society when they faced murder and oppression daily? Did contributing to nation building now mean carrying the bodies of their dead children, or giving birth while waiting at an Israeli checkpoint, or while sitting in detention? The women of Syria sought, first and foremost, the achievement of a just and comprehensive peace in the occupied Palestinian territories, and the end of the military occupation of Iraq.

DANG TRAN NAM TRUNG (Viet Nam) said the inception of the people's democratic regime after the revolution in August 1945 in Viet Nam had emancipated women in the county out of slavery that they had suffered under the colonial feudalism and made them the true master of the family and society, equal to men. It had also enabled them to play a more active role in all of society's activities. Women had been placed on equal footing with men with regard to opportunity of employment. The "doi moi" policy had enabled women to participate more in all economic activities. The unemployment rate of women on average over the past six years was 6.29 per cent in comparison to 7.51 per cent for men. It was evident that the market economy in Viet Nam had generated more job opportunities for women. Equality in education between boys and girls had been ensured. Women had been playing a greater role in the political process.

JUAN EDUARDO EGUIGUREN (Chile) said the Government of Chile had signed and ratified several international treaties and conventions concerning the human rights of women, and these were reflected in substantial advances in the country in terms of gender. One of the fundamental examples was a full inclusion in public policy of a gender focus. One specific expression was a ministerial commitment to equality opportunities, thus all public institutions had to review their goods and services in order to identify obstacles for gender equity and propose solutions to ensure all had equal facility. Family courts had been installed to modernise solutions for problems such as domestic violence. A law had been promulgated concerning sexual harassment. As for compliance with international standards, the political Constitution had been reformed to ensure equality. Educational reform had been implemented, and an amendment of the act ensured access to education for pregnant or breast-feeding schoolgirls. A Bill was going through Parliament on welfare institutions to ensure there was no discrimination against women of childbearing age. There had been significant reduction in poverty and indigence among women.

CHEN REIS, of World Health Organization (WHO), said the ten-year review of the Beijing Declaration and Platform for Action had shown progress in the promotion of gender equality and the human rights of women. However, many challenges remained as violence against women continued to affect millions of individuals around the world. Under-reporting of violence, particularly sexual violence, as well as inadequate responses by the healthcare sector to this hidden, yet pervasive, problem meant that many women did not receive the care needed. The healthcare sector continued to struggle to find mechanisms to address violence against women. To that end, WHO was developing normative guidelines on improving the health sector's response to violence against women, including in emergency settings.

Although gender consideration had increasingly been integrated into public health policy, she noted, many women, particularly in rural areas, continued to find it difficult to obtain necessary health care. They continued to die during pregnancy and childbirth from preventable causes. WHO had adopted a reproductive health strategy based on internationally agreed instruments and global consensus declaration on human rights. The organization would also make facilitating women's access to general health services and reproductive health services a priority issue. Additionally concerned by the increasing rate of HIV/AIDS infection among women, WHO held it essential that HIV prevention programmes addressed gender inequalities and women's difficulties in protecting themselves from HIV infection, and that the healthcare sector facilitated women's access to testing and counselling services.

DAW AYE AYE MU (Myanmar) said Myanmar had ratified the Convention Against Transnational Organized Crime and its two protocols. Domestic law on trafficking in persons was being drafted to be in line with the Convention. To prevent Myanmar women from being victims of trafficking, a Committee had been established in 2002. With the collaboration of the United Nations Inter-Agency Projects on Human Trafficking in Mekong sub-region, the Coordinated Mekong Ministerial Initiative Against Trafficking in six countries of the Greater Mekong sub-region meeting was held in Yangon from 27 to 29 October 2004. Myanmar spared no efforts to prevent and control HIV/AIDS in the country with the cooperation of United Nations agencies and non-governmental organizations.

KHADIJA MASRI, of African Union said the African system of the promotion and protection of human rights of African people rested mainly on the African Charter of Human Rights and other pertinent international instruments. Regarding the primordial role that the African women had always played in the political, economic, social and cultural fields, the organs of the African Union had decided to adopt an additional instrument reinforcing the dispositions of the Charter and eliminating all forms of discrimination against women in order to respond to the needs of modern life and the specificities of the African Continent.

This Protocol called for the elimination of negative traditional practices including all forms of female genital mutilation. It also protected the reproductive rights of women, authorising medical abortion in the case of sexual aggression, rape, incest, or when the pregnancy put the mother's physical or mental health in danger. It also innovated by including specifically the right to food security, and that of adequate housing. The entry into application of the Protocol would reinforce the African system to ensure the promotion and protection of women's rights. Further, the African Commission had named a Special Rapporteur on the Rights of Women in 1998, whose mandate was to follow closely all issues related to women's rights.

SUSAN RUSSELL, of Joint United Nations Programme on HIV/AIDS (UNAIDS), said the number of women being infected by HIV/AIDS was on the rise in every region of the globe, largely because the human rights of women and girls were not protected. More than 20 years into the epidemic, the vast majority of young women and girls did not know how to protect themselves against HIV infection, and could not access the sexual and reproductive health information they needed. Even when they had information, they were often not in a position to use it. Girls were often told that abstaining from sex until they married, and then remaining faithful to their husbands, would keep them safe from infection, but that approach worked only if their husbands followed the same approach. Fear of abuse or abandonment deterred women from getting tested for HIV, discouraged them from revealing test results and seeking treatment, and could even deter pregnant women from taking steps to prevent transmission of the virus to their children.

UNAIDS had launched the Global Coalition on Women and AIDS last year, she noted, which constituted an alliance of civil society groups, Governments, United Nations agencies and concerned citizens from all walks of life, who had come together to stimulate changes to make AIDS response work better for women. The Coalition had one objective: to create an environment in which women and girls were able to take control of their lives in a world with AIDS. The key to achieving that objective lay in improving their ability to realize their rights, including the right to equal access to treatment and care, to live free from violence, to access, own and inherit property, and to be educated.

ANDRZEJ SADOS (Poland) said hundreds of thousands of young women were trafficked into prostitution, slavery or slavery-like practices in different parts of the world. The gravity of the problem had not fully been registered in the conscience of the international community. The crime of trafficking in women and girls and is various dimensions, including organized crime, security, migrants, labour and health was one of the most serious challenges facing human rights today. That scourge had for years affected many countries of the central and eastern European region. Poland, unfortunately, should be counted among them. In Poland, the problem existed in all its manifestations; it was a country of origin of the victims, a transit country, as well as a country of final destination.

AZAD JAFAROV (Azerbaijan) said whereas HIV/AIDS was initially perceived as a health issue, presently it was widely acknowledged as a development, security and human rights issue, with differential gender implications and impact. It was therefore recognised that the promotion and protection of human rights of women could reduce the spread of the disease and mitigate its consequences. The interconnection between violence against women and HIV/AIDS should be understood in the context of discrimination resulting from gender inequality, including women's lack of adequate access to education and health services. Poverty and gender power imbalances within families and communities limited women's access to basic services. Integrated responses dealing with gender inequality as the root cause and consequence of the gender-specific manifestations of the disease had to be created both at the national and international levels so that they could be more effective in addressing the pandemic.

In the context of combating trafficking in human beings, the economic empowerment of women and the reintegration of victims of trafficking required special attention.

MARIA ALEJANDRA BRAVO (Venezuela) said the Constitution of Venezuela provided for the equality of men and women's rights in all fields, including in the area of reproductive rights. Women had benefited from improvement in the field of labour and access to social security. The State had also promulgated new laws on opportunities for women, violence against women and the family, and on the prevention and punishment of trafficking in human beings, including women and children. Women's situations had also been improved by the establishment of the National Institute for Women, which coordinated public policy on women nationally. The Institute had elaborated a National Action Plan on Violence against Women and the Family, 2000-2005.

This national plan had led to the establishment of an ombudsman for women's rights, a national hotline for victims of abuse and mistreatment, and the founding of shelters, training programmes, and awareness raising programmes, she said. Nine new regional institutions, and 66 women's centres had been set up in the national territory, and a regional pilot programme on domestic violence had been established to monitor, prevent, and sanction violence against women within the family.

DALAL SOLTANI (Algeria) said the Government had taken a series of measures towards the empowerment of Algerian women. The new family code had been adopted with the view to increase the rights of women. The new code had taken into account all aspects of rights, including equality in inheritance and equality in the household. Women had the right to claim their rights and were now able to lodge complaints in matters of divorce. The new code provided for equality in matters of child custody. Women's participation in the policies process of the country, as well as in the social and economic development, was ensured in Algeria.

ALI E. ALSISI (Bahrain) said in the belief that women were an important part of society, Bahrain had given every importance to developing plans and programmes to allow them to participate in political and economic life. There was a new national strategy on the role of women to protect them in and out of the home. It was hoped that the new strategy would realize the hopes of women. The King of Bahrain
had given his whole support to this programme. Significant efforts had been made to strengthen and support the role of women in Bahrain. The Chair of Bahrain's Council of Women had chaired the opening of the African Network of Women. Women played an important role in politics, especially in the Ministry of Foreign Affairs and of Social Action.

ASSAD OMER (Afghanistan) said that Afghan women had suffered tremendously in the past quarter of a century of conflict and terrorism, which had cost the lives of thousands of Afghans and had affected the socio-economic infrastructure of the society. However, the Government had made all possible efforts to address the problems faced by 49 per cent of its population. Gender equality had been enshrined in the Constitution, which ensured that an average of at least two women would be elected from each province to the House of People, and that the nominees to the House of Elders would be women.

The Government had ratified the Convention on the Elimination of All Forms of Discrimination against Women, and had established the Ministry of Women's Affairs, he noted. Following the presidential election, in which 40 per cent of women voters had participated, three women had been made ministers, and one woman had become the first to serve as a provincial governor. Women's Development Centres were being established at the provincial level, and girls enrolment had leapt from 3 per cent in 2002 to 30 per cent in 2003.

ANA ANGARITA, of United Nations Population Fund (UNFPA), said within the context of population and sustainable development, UNFPA had underscored that legal systems should protect and enforce women's rights and that all forms of discrimination against women should be eliminated. A human rights framework should be applied to the provision of sexual and reproductive health services, including family planning, since reproductive rights were firmly rooted in the most basic human rights principles. During the past decade, the agency had taken many important steps forward. Reproductive rights were essential for achieving gender equality and equity. Yet, women and girls faced discrimination and were denied their rights throughout their life cycle.

HUSNYA MARKUS (Libya) said legislation in Libya was inspired from Islamic Sharia, which spoke equally to men and women. Men and women had equal rights, and legislation enshrined this equality in executive and legislative fields. Women shared in decision-making. Discrimination was strictly prohibited in any economic activity. Women had reached a high level of education, and had the possibility to participate in the judicial system as a judge or prosecutor. Development was a focus in rural areas. The High Commissioner was thanked for the attention paid to this question. Some success had been made in respect of human rights in general; further progress was needed in all directions.

EMMANUELLI KAHAYA (Democratic Republic of the Congo) said the conflict in the Democratic Republic of the Congo continued to cause immense human destruction. According to one non-governmental organization, 3.8 million individuals had been killed, and 40,000 acts of rape had been committed against women and children. These acts of sexual violence had been committed by armed groups with the aim of weakening the resistance of the civilian population. In some instances, peacekeepers in the eastern part of the country had also committed such abuses. As a party to the Convention on the Elimination of All Forms of Discrimination against Women, the Democratic Republic of the Congo remained extremely concerned by instances of sexual violence. The country's Constitution included provisions to combat violence against women in all aspects of public life, and a major multi-sectoral prevention programme had been established, which would enable better health, psychological and judicial assistance to be extended to women and children victims. A seminar had also been organized to give the State new legislation to prevent and punish such crimes. The military authorities had started to try perpetrators of such crimes against women. The Office of the High Commissioner for Human Rights should establish a training programme for peacekeepers to prevent similar abuses from recurring. The Special Rapporteur on violence against women was also invited to visit the country.

ABDELFATTAH EL KADIRI (Morocco) said Morocco had been engaged in a process of deep reform of the various public and institutional sectors with the view to strengthen the autonomy of women and to improve their conditions, as well to fight against discrimination. The will of the Moroccan authorities had allowed women to actively participate in public affairs and in the decision-making process at the local and national levels. During the last parliamentary elections, 35 women had been elected and two women ministers had been appointed to higher posts in the Government. The parliament in 2004 had adopted a family code with the aim of affirming gender equality. The new family code was a historical turning point with regard to Moroccan women, which aimed at consolidating family cohesion, equality and equity. It also strengthened the fundamental rights of women.

ANA MARIA PRIETO ABAD (Colombia) said it was committed to defending respect for diversity and women's rights. Women should enjoy their rights as enshrined in international instruments. Women had equal access to education, had entered the labour market en masse, and had increased their participation in decision-making. The Presidency of two of the High Courts of Justice and the Chamber of Representatives were women. In compliance with the Millennium Development Goals and to enhance the equality of women, changes had been made to legislation. The policy for women to build peace and development took place on many levels. In order to counter the conditions that encouraged poverty for women in depressed areas, programmes had been organised. Other programmes on HIV/AIDS and crime against women had also been implemented. There was still violence against women by armed illegal forces which had a considerable effect on women's lives.

KIM YONG HO (Democratic People's Republic of Korea) noted that the Korean people had celebrated the sixtieth anniversary of their liberation from Japanese occupation following the end of the Second World War this year. The crimes against humanity committed by Japan against the Korean people during that occupation, which remained unprecedented in history, would never be forgotten. Although the world was familiar with the term "comfort women", less was known about the gravity of the sexual slavery committed by Japan, and about the country's real intention and behaviour, which had led it to deny legal responsibility for past crimes. Japan continued to try and bury its past crimes through distortion, cover-ups and deception.

In 1996, the Special Rapporteur on violence against women had defined the "comfort women" system run by the Japanese military as constituting the crime of "military sexual slavery", recommending that Japan accept legal responsibility for the crime, make a public apology, pay compensation to the victims, ensure the correct reflection of historical realities, and punish the perpetrators. However, Japan remained unchanged in its intention to deny responsibility, or even to acknowledge its crime-ridden history. The starting point for Japan to be accepted as a responsible member of the international community must lie in clear and total recognition of its bloodstained past.

ISMAT JAHAN (Bangladesh) said the Government of Bangladesh placed high priority to fighting the problem of violence against women and it had implemented measures to eliminate it with special focus on dowry and acid crimes. Under the broad category of gender-based violence, there were different types of violence including domestic violence, workplace violence and discriminatory practices leading to violence. The dowry often contributed to the scenario of domestic violence, which made women vulnerable even in their own homes. However, this problem was not rampant in Bangladesh, as it did not have either religious or legal sanctions, but existed among certain sections of the population as a social practice. To address that evil practice, the Prime Minister of Bangladesh had made a fervent call to all citizens to fight violence against women.

LEENA AL-HADID (Jordan) said the role of women in society today at all levels was a matter of utmost importance to all in the international community. There could be no real progress without giving back to women what they had given to society in the first place: respect, sustenance and devotion. Women were mistreated as both mothers and wives, facing difficulties raising their children and in being fully participating members of society, especially in the third world and developing countries. Jordan continued to devote full attention to the rights of women. There had been major breakthroughs in legal adjustments and reforms in establishing a system of reserved seats for women's representation in Parliament and gender mainstreaming.

The country realised it had some way to go in advancing the rights of women and openly welcomed the support of the United Nations and the international community in this endeavour. Certain rights were more culturally relative than others, and religious values and codes played a major role. The aim was to continue to uphold the rights of women as prescribed in Islam, whilst integrating universal human rights norms in this quest to empower women. Undeniably, the violence against women was an impediment to social, economic and political security in both Palestinian and Israeli society. Real peace and human rights could only be achieved when women were fully respected, empowered, and duly given the dignity they deserved by all Governments and civil society actors concerned.

LADA PHUMAS (Thailand) said Thailand fully supported the realization of women's rights as an integral aspect of the realization of human rights for all. Also welcoming the outcome of the "Beijing plus 10" review, she confirmed that full implementation of the commitments adopted at the Beijing Conference, and at the Review Conference on Beijing, would contribute to attainment of the Millennium Development Goals. Those goals constituted a social contract into which the international community had entered voluntarily, with the common purpose of realizing human rights for all.

The realization of women's rights remained inseparably linked to the promotion of peace, security and development, she added. The international community should redouble its efforts to ensure that women were able to enjoy freedom from fear, freedom from want, and freedom to live in dignity. The United Nations should continue to mainstream the gender perspective in all areas of its work, and particular attention should be given to the problems faced by women on a daily basis, including violence, discrimination, and exploitation such as human trafficking. Equal attention should be given to the feminization of poverty and HIV/AIDS. For its part, Thailand was committed to creating favourable conditions for gender equality as guaranteed by the Constitution and the country's status as a party to the Convention on the Elimination of All Forms of Discrimination against Women.

JENANE ROCHER (Haiti) said since 1950, successive Haitian Governments had been adopting measures to allow the full participation of women in the electoral process of the country. However, so far, the participation of women in that process was unsatisfactory. With the aim of increasing the women candidates in the election process, the Government had decided to provide subsidies to those political parties that included 30 per cent of women in their electoral lists. The subsidy would contribute to their campaign expenses. The Government of Haiti had also taken measures to prevent the spread of HIV/AIDS among the population, which mainly affected women. Further measures had also been taken to increase awareness of the pandemic. The Ministry of Women and Human Rights had adopted a plan of action against domestic violence to which women were the main victims.

PATRICIA CAMPBELL GONZALEZ (Nicaragua) said the inclusion of gender equity within the national development plan had been the effort of the National Women's Institute and civil society in order to raise awareness that it was a necessary factor for development. The national Development Plan included gender equity on two levels, including the substantive level. There was a National Health Plan which incorporated a gender target, focusing on HIV/AIDS, gender violence, and access to family-planning services. A programme to increase participation of women in politics and to place gender issues in the main programmes had been implemented. Currently, participation in political life was very high. Work was being done on increasing police and judicial response in cases of gender-based violence. Consultations were being held for the ratification of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women. There was optimism that the progress made at the legislative level, working in tandem with civil society, would help to achieve the goal of gender equity.

ODETTE MELONO (Cameroon) said the delegation of Cameroon welcomed the cooperation established between various women's bodies within the United Nations system, which had established mechanisms to accelerate implementation of the Beijing Declaration and Platform for Action. At the national level, Cameroon's commitment to empowering women was embodied by the establishment of appropriate national mechanisms to promote the participation of women in development. For instance, in 1997, a political declaration and multi-sectoral plan on women in development had been promulgated, which contained the basic principles of governmental policy to reduce the disparity between the sexes by giving women equal access to financial resources and by reducing structural discrimination against women. The results were promising, as witnessed by the proliferation in micro-financing initiatives for women. The Government had also emphasized the importance of keeping girls in schools, and had sought to improve the basic health infrastructure, and to include reproductive health in basic health care. Furthermore, the country had ratified the additional protocol to the Convention on the Elimination of All Forms of Discrimination against Women.

GORDAN MARKOTIC (Croatia) said the Government of Croatia was strongly committed to the full and effective implementation of the Convention on the Elimination of All Forms of Discrimination against Women, its Optional Protocol and the Beijing Declaration and Beijing Platform for Action. The Constitution provided for gender equality. The adoption of the Law on Gender Equality, as well as the establishment of the Ombudsperson for Gender Equality and the Government Office for Gender Equality, should be emphasized. The Law on the Protection from Family Violence was adopted as well as the National Strategy for Protection from Domestic Violence. It was prepared in close collaboration with non-governmental organizations and contained concrete measures with a time frame and responsible actors for their implementation. Croatia would especially like to express its concern over trafficking in persons, particularly women and young girls.

IDIT SHAMIR (Israel) said although not all issues had been resolved yet in Israel, gender equality had been ensured under law. But law alone could not ensure gender equality. Education was no less important, and through this it was sought to inculcate democratic values in children, such as the equality of women. Violence against women directly limited their freedom to live their lives as they desired and to realise their own autonomy. Trafficking in women and sexual slavery were the most difficult manifestations of violence, and they were phenomena that Israel had been fighting over the past years.

There was still much work to be done, but it was clear to all in Israel today that the exploitation of trafficked women was a violation of their human rights: their right to dignity, equality, and physical and mental well-being. Israel's goal was stated in the Declaration of Establishment of the State of Israel, which pledged complete equality of social and political rights to all inhabitants, irrespective of religion, race or sex. This was an objective which Israel would continue to strive for.

FATOU ALAMINE LO (Senegal) said women had always enjoyed the right to participate in Senegalese society throughout history. The country, which had ratified almost all international human rights instruments, had incorporated many of those instruments in the new fundamental law of 22 January 2001. Significant progress had been made in the areas of economic promotion, education and training, reproductive health, promotion of the rights of women and girls, and reinforcement of institutional mechanisms for the promotion of women's rights. In this connection, the Senegalese fundamental law guaranteed the property rights of all, including to legal access to land. Other measures had been taken to combat violence against women, including through criminalization of female genital mutilation, domestic violence and sexual harassment. Regarding female genital mutilation in particular, she noted that prison sentences of six months had been mandated for mutilators and accomplices. In the economic domain, Senegal had encouraged women's economic enterprises, and had established a department responsible for small and medium-sized businesses, and for micro-finance enterprises for women. Senegal also intended to include the gender dimension in all its development strategies, and to establish a National Observatory for Women's Rights.

NATIVIDAD GUERRERO, of Centro de Estudios sobre la Juventud, speaking on behalf of Federation of Cuban Women and National Union of Jurists of Cuba, said the sensitively required was not yet attained with regard to human rights of women, particularly their reproductive health. The United Nations Population Fund had stated that thousands of women had perished because of complications to their reproductive health. The funds allocated to that purpose were not adequate. The Cuban Government was able to provide all the necessary facilities to its population in the area of reproductive health. Despite the blockade, Cuba was able to graduate university students that covered the needs in the health activities. Cuban women, however, suffered from the blockade because of the shortage of medicine. She called upon the Commission to bring an end to discrimination against women in all parts of the world.

LAURA CHAVEZ, of Coalition Against Trafficking in Women , speaking on behalf of several NGOs1, said the problems of trafficking in women and of HIV/AIDS were one of male demand, rooted in gender inequality. The demand for prostituted sex was the engine which drove the worldwide crisis of trafficking in women and girls. There was an increasing urgency to tackle the conditions that facilitated the sexual exploitation of women and girls, including the increasing harms of economic globalization, patriarchy, the broadening reach of Internet pornography, systematic rape and sexual exploitation during military conflicts. Prostitution was itself a form of violence, and should not be recognised as a form of labour. The use of the term sex work should never be used in international reports, as this wording legitimated the global sex industry and contradicted international human rights standards which did not consider prostitution as a form of labour.

BRIGITTE POLONOVSKI, of International Council of Women, speaking on behalf of several NGOs2, delivering a joint statement, said gender equality and equity had been recognized as indispensable ingredients for development and peace and they had been recognized and affirmed in several internationally-agreed conclusions and plans of action, including the Vienna Declaration on Human Rights, the Beijing Declaration and Platform for Action, and the Millennium Declaration. Yet, political will, combined with action and resource mobilization, continued to be necessary. The prevailing conditions of life for the majority of women continued to be governed by traditional values and norms. They continued to be affected by traditional practices worldwide, and the cruel nature of violence against women and its wide prevalence had also been documented. In Africa, women and girls continued to be submitted to female genital mutilation, early childhood marriages, rape, cruel widowhood rites, and more. The possibility of reversing deep-seated attitudes and internalized values discriminating against women had been demonstrated. The Commission should monitor the level of States' tolerance for violence against women, and take firm action to redress the situation. The report on violence against women should be circulated to all human rights treaty bodies, to receive the seriousness it deserved.

CHELSEA HALEYNELSON, of Human Rights Advocates, speaking on behalf of International Council of Women, delivering a joint statement, urged the Commission to recommend that the Special Rapporteur on trafficking in human beings address both supply and demand sides of trafficking. Specially, she should look at how poverty and the lack of viable economic opportunities would lead to a ready supply of vulnerable trafficking victims; and how the military and United Nations peacekeeping forces' current practices created a consistent demand for trafficking of women and children. Approximately 800,000 women and children were being trafficked across borders each year with estimates of intra-country trafficking ranging from two to four million. Poverty and the lack of economic opportunities created the conditions for women and children to be forced into the commercial sex trade. Traffickers exploited impoverished and vulnerable women seeking a better life by using promises of higher wages and good working conditions in wealthy foreign countries.

MARIANNE LILLIEBJERG, of Amnesty International, speaking on behalf of Center for Women's Global Leadership, said millions of women and girls in societies across the world faced violence at the hands of the State, society, and the family. Some were at risk of violence due to a multiplicity of factors, including race, religion, health, age, or physical or mental ability. This forced many women into situations of marginalization, and this was known by the Governments at the Commission, but little had been done to stop this. Lack of economic independence made women more susceptible to violence. In some countries, women were criminalized for sexual relationships. Sexuality baiting and violence against women closed down opportunities for advocating and publicising women's rights. Violence not only increased women's risk of HIV/AIDS infection, but that infection made them targets for more violence. Many women lacked information to HIV/AIDS information and healthcare. Governments had committed themselves to advancing women's rights in many areas. The centrality of women's rights should be recognised, or the development of their rights would not be realised.

KANJOO MBAINDIJKUA, of World Young Women's Christian Association, speaking on behalf of General Arab Women Federation, said there was a need to ensure the safe return and social inclusion of trafficked persons, especially women and children. Every day, victims of trafficking returned to their home countries, often with physical, psychological and social problems that prohibited them from reintegrating into society. However, ensuring their safe return and successful inclusion back into society was key to breaking the cycle of trafficking. To protect the human rights of victims of trafficking, countries of destination should offer financial help, legal aid, safe accommodation, psychological help, shelter and sustainable employment to victims of trafficking. The process of rehabilitation should be started in the destination country, and humanitarian residence permits should be granted to those for whom it would be unsafe to return. Moreover, countries of origin must provide the same resources to victims of trafficking and must not criminalize them, but instead see them as victims whose rights must be respected and ensured. The children victims of trafficking must be entitled to start or continue their education. States remained responsible for their citizens and had the obligation to protect them, and to ensure social inclusion for victims of trafficking.

ILKA BAILEY, of Femmes Africa Solidarite, speaking on behalf of several NGOs3, said sub-Saharan Africa continued to suffer the tragic effects of persistent violent conflict, extreme poverty and disease. Some 2.8 million refugees – and fully half of the world's 24.6 million internally displaced people – were victims of conflict and upheaval in Africa. The incidence of tuberculosis and malaria remained at an unacceptable high level. Africa continued to lag behind the rest of the developing world in achieving the Millennium Goals. About three quarters of the world's AIDS deaths every year occurred in Africa, with women the most affected. The Commission on Inquiry to investigate reports of violence and international humanitarian law and human rights law in Darfur of 1 February 2005 had included two female investigators specialized in gender violence. According to the report, rape and other forms of sexual violence committed by the Janjaweed militia and government soldiers in Darfur were widespread and systematic and thus well amounted to crimes against humanity.

DAVID LITTMAN, of Association for World Education, speaking on behalf of World Union for Progressive Judaism, said female genital mutilation had no religious or hygienic justification, yet over two million female children were being brutally mutilated each year. The goal of outlawing this torture by 2010 still seemed a pious hope. The stoning of women still occurred regularly in Iran, Sudan and other Muslim countries that strictly applied Sharia punishments and had even been justified in the Commission on the grounds of freedom of religion by a State that was a member of the Commission. These ghastly traditional practices were now hovering over more and more immigrant women in Europe. Sometimes cultural relativism was the explanation given for these traditional practices, or female genital mutilation/honour killings/increased polygamy.

RAMA ENAV, of Women's International Zionist Organization, said her organization sought to promote peace by empowering women and giving them a voice. Before the onset of the current intifadah, there had been many projects encouraging cooperation between Israeli and Palestinian women and youth. Unfortunately, since October 2000, these projects had been limited to Arabs and Jews from Israel only. As a result of the violence, stress had increased for women on both sides of the conflict who shared the burden of fear and bereavement. The latest developments in the political arena had led to hope that cooperation between women on each side would be renewed, and would assist to reduce violence. It was also hoped that the Special Rapporteur would soon be able to test her hypothesis that violence against women in the Palestinian Authority was largely due to the Israeli presence there, as the disengagement process in the Gaza Strip would shortly be achieved.

The representative of Canadian HIV/AIDS Network, said countless women around the world were being discriminated against and subjected to other forms of violence and inhuman treatment because of actual or perceived sexual orientation and gender expression. International human rights experts had called for greater attention to the intersections of gender-based discrimination, homophobia and other forms of racism and intolerance. Violence prepared and condoned by the State on the basis of sexual conduct and gender expression met the standard deserving the attention and recognition of the international community. While the rape of any woman put her at risk of contracting HIV/AIDS, stigma and discrimination against women whose sexual and gender expression did not conform to social and cultural norms put them in a compromised position. All too often, women who had sex with women, whether or not they defined themselves as lesbian or bisexual, found it impossible to receive appropriate and accessible HIV/AIDS support, treatment and care because they feared hatred or dismissal by health care providers.

CARIN BERINGUER-BUDEL, of World Organization against Torture, said the prohibition of torture and cruel, inhuman and degrading treatment or punishment was a peremptory norm of international law. However, torture and ill treatment of women persisted in many countries of the world on a daily basis. Women had been denied equal protection against torture under both international and national law resulting in widespread impunity for the perpetrators. Women experienced torture and other violence in gender-specific ways or for reasons that were related to their gender. It was essential that such gender-specificities were acknowledged and integrated into relevant United Nations human rights mechanisms and procedures. The Commission should recognise the existing links between gender, torture, and ill treatment by ensuring that gender dimensions are incorporated into the torture resolution.

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1Joint statement on behalf of: Coalition Against Trafficking in Women ; Mouvement pour l'abolition de la prostitution et de la pornographie et de toutes formes de violences sexuelles et de discriminations sexistes; Coordination française pour le lobby européen des femmes (CLEF); Guild of Service; and Miramed Institute


2Joint statement on behalf of: International Council of Women; International Federation of University Women; Pan Pacific and South East Asia Women's Association; Inter-African Committee on Traditional Practices Affecting the Health of Women and Children; International Movement for Fraternal Union Among Races and Peoples; World Union of Catholic Women’s Organizations; Soroptimist International; Women's International League for Peace and Freedom; All India Women's Education Fund Association and World Movement of Mothers.


3Joint statement on behalf of: Femmes Africa Solidarite; Brahma Kumaris World Spiritual University; African Society of International and Comparative Law; Women's Federation for World Peace International; International Council of Women; International Federation of Settlements and Neighbourhood Centres; World Young Women's Christian Association; International Council of Jewish Women; International Peace Bureau; Women's International League for Peace and Freedom; Socialist International Women; and All India Women's Conference.

For use of information media; not an official record