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SUB-COMMISSION APPOINTS SPECIAL RAPPORTEUR ON IMPACT OF DEBT ON HUMAN RIGHTS
24 August 2006
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Sub-Commission on the Promotion
and Protection of Human Rights
AFTERNOON
24 August 2006
Hears Statements by Non-Governmental Organizations on Administration
of Justice, Rule of Law and Democracy
The Sub-Commission on the Promotion and Protection of Human Rights this afternoon appointed Sub-Commission Expert El Hadji Guissé as Special Rapporteur on the impact of debt on the enjoyment and exercise of human rights. It also adopted a resolution on the prevention of human rights violations committed with small arms and light weapons.
In the decision on the effect of debt on the enjoyment and exercise of human rights, the Sub-Commission requested the Special Rapporteur to submit a preliminary report during the next meeting of the Sub-Commission.
Also this afternoon, the Sub-Commission adopted a resolution on the prevention of human rights violations committed with small arms and light weapons, urging States to adopt laws and policies regarding the manufacture, possession, transfer and use of small arms that complied with principles of international human rights and international humanitarian law; and further urged States to take effective measures to minimize violence carried out by armed private actors.
Taking the floor during the debate on the adoption of resolutions were Sub-Commission Experts Miguel Alfonso Martinez, Vladimir Kartashkin, El Hadji Guissé and Françoise Jane Hampson.
Eritrea exercised the right to reply.
Speaking under the agenda item on the administration of justice, the rule of law and democracy, non-governmental organization representatives from European Union of Public Relations; Commission to Study the Organization of Peace, International Buddhist Foundation, International Fellowship of Reconciliation and Association for World Education took the floor.
The next plenary of the Sub-Commission will be held at 10 a.m. on Friday, 25 August, during which it will wrap up its work before closing its session.
Resolutions
In a resolution (A/HRC/Sub.1/58/L.24) entitled Prevention of human rights violations committed with small arms and light weapons, adopted by consensus, as orally amended, the Sub-Commission: urged States to adopt laws and policies regarding the manufacture, possession, transfer and use of small arms that complied with principles of international human rights and international humanitarian law; also urged States to provide training on the use of firearms by armed forces and law enforcement personnel consistent with basic principles of international human rights and humanitarian law; further urged States to take effective measures to minimize violence carried out by armed private actors; endorsed the draft principles annexed to this resolution on the prevention of human rights violations committed with small arms; requests Ms. Frey to compile and update the study on prevention of human rights violations committed with small arms and light weapons so that it could be published in one volume as part of the Human Rights Study Series; decided to transmit to the Human Rights Council the draft principles on the prevention of human rights violations committed with small arms for consideration and adoption by the Council; and recommends a draft decision to the Human Rights Council for adoption.
In a resolution entitled Effect of debt on the enjoyment and exercise of human rights (A/HRC/Sub.1/58/L.26), adopted without a vote, the Sub-Commission decided to appoint Mr. El Hadji Guissé as Special Rapporteur on the impact of debt on the enjoyment and exercise of human rights and to present a report to the Sub-Commission at its fifty-ninth session, or, failing that, at the first session of the future expert body of the Human Rights Council.
Statements
MUMTAZ KHAN, of the European Union of Public Relations, said that when imploring for human rights and the rule of law to be respected, it should not be forgotten to consider how the rule of law or justice could be ensured in countries where democracy was being denied. In South Asia, the Middle East and Africa there were numerous examples of Governments that were floundering with democracy. Pakistan remained politically instable, undemocratic and in shackles of military rules that forced popular leadership out of the country. Economic disparity, social injustice, abuse of law by security and law enforcement agencies had threatened the very foundation of the country. According to Pakistan’s media report, over 1,300 women were languishing in jails under the hodud ordinance. Hundreds of people from minorities and secular Muslims were behind bars facing blasphemy charges.
NASIR AZIZ KHAN, of the Commission to Study the Organization of Peace, said the people in Pakistani-occupied Kashmir were victims of State policies. They were constantly oppressed, intimidated, harassed and were denied basic human rights. The people of Kashmir, Gilgit and Baltistan had serious complaints against the secret agencies of Pakistan and their repressive policies that were practically above the law. No law of Pakistan applied to them; that was unfortunately acknowledged by the Defence Ministry of Pakistan on 12 July 2006. The secret agencies and jihadi groups that promoted extremism and hatred had seriously damaged the rights movement of the Kashmiri people. The on-going military operations had tremendously increased their influence and power, and they were not prepared to let it go even through it was hurting the local people on both sides of the line of control.
CHANDRA PINNAGODA, of the International Buddhist Foundation, said that two ancient religions, Buddhism and Hinduism, both born in the Indian subcontinent, provided lofty ethical and humanitarian practices to promote fair and equitable administration of justice, rule of law and democracy. Such ideals illustrated the value of religious tolerance in developing healthy attitudes in modern society as demonstrated by the silent suffering of the world Buddhist community when Taliban forces had destroyed the Bamian Buddhas, and the utmost tolerance exhibited by the majority in Sri Lanka when the Tamil Tiger terrorists committed sacrilege by bombing the Temple of the Buddha Tooth. The United Nations had to pursue action relentlessly to counter measures aimed at ethnic cleansing and the recruitment of child soldiers, among others.
MICHEL MONOD, of the International Fellowship of Reconciliation, said that the report of Mr. Emmanuel Decaux on military tribunals should be submitted to the Human Rights Council for its consideration. The report was of great quality and dealt with a delicate issue. Although his organization wished that there should not be military tribunals at all, it also wished that the States concerned would pay attention to the principles contained in the document. The cases of objectors to military service should be seen before a civilian court and not by a military tribunal. Several countries still detained such objectors, particularly those who were Jehovah’s Witnesses.
DAVID LITTMAN, of the Association for World Education, said that, in the Dialogue Among Civilizations, one passage said that it was common sense that Islamophobic acts, which were also against internationally promoted common values, could not and should not be condoned in the pretext of freedom of expression or press and that the principle of freedom of expression could not be promoted by offensively hurting and trampling on the sincere religious beliefs of millions of people. The new rules of conduct being imposed and acceded to by many States for political or diplomatic reasons had no legal basis and no precedent. Those rules gave cause for grave apprehension regarding the administration of justice, the rule of law and democracy as understood in the International Bill of Human Rights. Unless the right to freedom of speech and expression was guaranteed, that precious liberty – a pillar of international law – risked erosion in international organizations.
BEREKET WOLDEYOHANNES (Eritrea) in exercise of the right to reply, said the allegations made by the International Fellowship of Reconciliation, which orally referred to his country, was baseless. Those who breached the laws of the country should be dealt with accordingly. The people referred to by the NGO were deserters and not objectors to military service.
* *** *
For use of the information media; not an official record
and Protection of Human Rights
AFTERNOON
24 August 2006
Hears Statements by Non-Governmental Organizations on Administration
of Justice, Rule of Law and Democracy
The Sub-Commission on the Promotion and Protection of Human Rights this afternoon appointed Sub-Commission Expert El Hadji Guissé as Special Rapporteur on the impact of debt on the enjoyment and exercise of human rights. It also adopted a resolution on the prevention of human rights violations committed with small arms and light weapons.
In the decision on the effect of debt on the enjoyment and exercise of human rights, the Sub-Commission requested the Special Rapporteur to submit a preliminary report during the next meeting of the Sub-Commission.
Also this afternoon, the Sub-Commission adopted a resolution on the prevention of human rights violations committed with small arms and light weapons, urging States to adopt laws and policies regarding the manufacture, possession, transfer and use of small arms that complied with principles of international human rights and international humanitarian law; and further urged States to take effective measures to minimize violence carried out by armed private actors.
Taking the floor during the debate on the adoption of resolutions were Sub-Commission Experts Miguel Alfonso Martinez, Vladimir Kartashkin, El Hadji Guissé and Françoise Jane Hampson.
Eritrea exercised the right to reply.
Speaking under the agenda item on the administration of justice, the rule of law and democracy, non-governmental organization representatives from European Union of Public Relations; Commission to Study the Organization of Peace, International Buddhist Foundation, International Fellowship of Reconciliation and Association for World Education took the floor.
The next plenary of the Sub-Commission will be held at 10 a.m. on Friday, 25 August, during which it will wrap up its work before closing its session.
Resolutions
In a resolution (A/HRC/Sub.1/58/L.24) entitled Prevention of human rights violations committed with small arms and light weapons, adopted by consensus, as orally amended, the Sub-Commission: urged States to adopt laws and policies regarding the manufacture, possession, transfer and use of small arms that complied with principles of international human rights and international humanitarian law; also urged States to provide training on the use of firearms by armed forces and law enforcement personnel consistent with basic principles of international human rights and humanitarian law; further urged States to take effective measures to minimize violence carried out by armed private actors; endorsed the draft principles annexed to this resolution on the prevention of human rights violations committed with small arms; requests Ms. Frey to compile and update the study on prevention of human rights violations committed with small arms and light weapons so that it could be published in one volume as part of the Human Rights Study Series; decided to transmit to the Human Rights Council the draft principles on the prevention of human rights violations committed with small arms for consideration and adoption by the Council; and recommends a draft decision to the Human Rights Council for adoption.
In a resolution entitled Effect of debt on the enjoyment and exercise of human rights (A/HRC/Sub.1/58/L.26), adopted without a vote, the Sub-Commission decided to appoint Mr. El Hadji Guissé as Special Rapporteur on the impact of debt on the enjoyment and exercise of human rights and to present a report to the Sub-Commission at its fifty-ninth session, or, failing that, at the first session of the future expert body of the Human Rights Council.
Statements
MUMTAZ KHAN, of the European Union of Public Relations, said that when imploring for human rights and the rule of law to be respected, it should not be forgotten to consider how the rule of law or justice could be ensured in countries where democracy was being denied. In South Asia, the Middle East and Africa there were numerous examples of Governments that were floundering with democracy. Pakistan remained politically instable, undemocratic and in shackles of military rules that forced popular leadership out of the country. Economic disparity, social injustice, abuse of law by security and law enforcement agencies had threatened the very foundation of the country. According to Pakistan’s media report, over 1,300 women were languishing in jails under the hodud ordinance. Hundreds of people from minorities and secular Muslims were behind bars facing blasphemy charges.
NASIR AZIZ KHAN, of the Commission to Study the Organization of Peace, said the people in Pakistani-occupied Kashmir were victims of State policies. They were constantly oppressed, intimidated, harassed and were denied basic human rights. The people of Kashmir, Gilgit and Baltistan had serious complaints against the secret agencies of Pakistan and their repressive policies that were practically above the law. No law of Pakistan applied to them; that was unfortunately acknowledged by the Defence Ministry of Pakistan on 12 July 2006. The secret agencies and jihadi groups that promoted extremism and hatred had seriously damaged the rights movement of the Kashmiri people. The on-going military operations had tremendously increased their influence and power, and they were not prepared to let it go even through it was hurting the local people on both sides of the line of control.
CHANDRA PINNAGODA, of the International Buddhist Foundation, said that two ancient religions, Buddhism and Hinduism, both born in the Indian subcontinent, provided lofty ethical and humanitarian practices to promote fair and equitable administration of justice, rule of law and democracy. Such ideals illustrated the value of religious tolerance in developing healthy attitudes in modern society as demonstrated by the silent suffering of the world Buddhist community when Taliban forces had destroyed the Bamian Buddhas, and the utmost tolerance exhibited by the majority in Sri Lanka when the Tamil Tiger terrorists committed sacrilege by bombing the Temple of the Buddha Tooth. The United Nations had to pursue action relentlessly to counter measures aimed at ethnic cleansing and the recruitment of child soldiers, among others.
MICHEL MONOD, of the International Fellowship of Reconciliation, said that the report of Mr. Emmanuel Decaux on military tribunals should be submitted to the Human Rights Council for its consideration. The report was of great quality and dealt with a delicate issue. Although his organization wished that there should not be military tribunals at all, it also wished that the States concerned would pay attention to the principles contained in the document. The cases of objectors to military service should be seen before a civilian court and not by a military tribunal. Several countries still detained such objectors, particularly those who were Jehovah’s Witnesses.
DAVID LITTMAN, of the Association for World Education, said that, in the Dialogue Among Civilizations, one passage said that it was common sense that Islamophobic acts, which were also against internationally promoted common values, could not and should not be condoned in the pretext of freedom of expression or press and that the principle of freedom of expression could not be promoted by offensively hurting and trampling on the sincere religious beliefs of millions of people. The new rules of conduct being imposed and acceded to by many States for political or diplomatic reasons had no legal basis and no precedent. Those rules gave cause for grave apprehension regarding the administration of justice, the rule of law and democracy as understood in the International Bill of Human Rights. Unless the right to freedom of speech and expression was guaranteed, that precious liberty – a pillar of international law – risked erosion in international organizations.
BEREKET WOLDEYOHANNES (Eritrea) in exercise of the right to reply, said the allegations made by the International Fellowship of Reconciliation, which orally referred to his country, was baseless. Those who breached the laws of the country should be dealt with accordingly. The people referred to by the NGO were deserters and not objectors to military service.
* *** *
For use of the information media; not an official record
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