SUB-COMMISSION CONCLUDES DEBATE ON HUMAN RIGHTS ISSUES; OPENS DISCUSSION ON ADMINISTRATION OF JUSTICE, RULE OF LAW

10 August 2004


Impact of Terrorism is a Focal Point of the Debate;
Speakers Urge States to Protect Human Rights of All, Especially Women


The Sub-Commission on the Promotion and Protection of Human Rights this morning concluded its discussion on specific human rights issues by hearing from a series of non-governmental organizations (NGOs), a United Nations body, several Observer Governments, and Experts.

At the end of the meeting, the Sub-Commission opened its debate on the administration of justice, rule of law and democracy, hearing from only one NGO, Dominicans for Justice and Peace, which urged the abolition of the death penalty in all countries.

A focal issue of particular interest to many speakers, both Observer States and NGOs, was terrorism and counter-terrorism, particularly the difficulty in differentiating the first from a legitimate struggle for self-determination. The threat of terrorism to the universal system of promoting and protecting human rights was raised by the Russian Federation. India said it was axiomatic that States had an affirmative duty to promote and protect the human rights of all persons under their jurisdiction, including and especially when there was a direct assault on them by the forces of terrorism.

Many speakers also pointed out that women suffered more from violations of their human rights than did men. They were often the first victims of any conflict, said the World Muslim Congress. In all regions of the world, violence against women was a reality, and women and girls were the victims of domestic violence, said Nigeria. They were also the victims of particularly horrible crimes including rape, said the International Islamic Federation of Student Organizations.

Other issues raised by NGOs during the meeting included the importance of the draft principles included in the progress report on the prevention of human rights violations committed with small arms and light weapons, female genital mutilation, sexual and other forms of slavery, and the situation in Sudan, in particular Darfur.

Experts participating in the discussion included Kalliopi Koufa, Francoise Jane Hampson, Antoanella-Iulia Motoc, and Cristiano Dos Santos.

A representative of the United Nations High Commissioner for Refugees took the floor this morning as did speakers for the Observer Governments of Iraq, Bahrain, the United Kingdom, the Russian Federation, Nigeria, India, and Colombia. Speaking in right of reply were the representatives of Sudan and Pakistan.

Among NGOs addressing the Sub-Commission were Asia-Japan Women’s Resource Centre, Minnesota Advocate for Human Rights, Association for World Education, Japan Fellowship of Reconciliation, International Association of Democratic Lawyers, World Muslim Congress, World Union for Progressive Judaism, International Islamic Federation of Student Organizations, International League for the Rights and Liberation of Peoples, International Human Rights Association of American Minorities, Japanese Workers Committee for Human Rights, World Peace Council, International Confederation of Free Trade Unions, International Institute for Non-Aligned Studies, International Youth and Student Movement for the United Nations, European Law Students’ Association, Conscience and Peace Tax International, World Forum on the Future of Sport Shooting Activities, and Dominicans for Justice and Peace.

The Sub-Commission will reconvene this afternoon at 3 p.m. when it will continue its consideration of the administration of justice, rule of law and democracy. It will hear its Experts present reports and working papers on criminalisation, investigation and prosecution of acts of serious sexual violence; the difficulties of establishing a guild and/or responsibilities with regard to crimes of sexual violence; the universal implementation of international human rights treaties; the issue of women in prison; the issue of the administration of justice through military tribunals; and the report of the sessional Working Group on the administration of justice.

Statements on Specific Human Rights

YOKO MARUTA, of Asia-Japan Women's Resource Center, drew the attention of the Sub-Commission to Japan’s serious failure for many years to comply with various United Nations and other international recommendations on the comfort women issue. The United Nations Committee on Economic, Social and Cultural Rights had expressed in 2001 its concern that the compensation offered to wartime comfort women by the Asian Women’s Fund had not been deemed an acceptable measure by the women concerned. However, the Government of Japan had taken no measures to date in response to recommendations by the International Labour Office and the Committee on the Elimination of Discrimination against Women. As an active member of the United Nations, Japan had a responsibility to follow United Nations counsel immediately and sincerely.

NICHOLAUS GARWICK, of Minnesota Advocates for Human Rights, said with regard to the progress report on the prevention of human rights violations committed with small arms and light weapons, and in particular the draft principles therein, these principles aimed to present clear standards to give meaning to the non-derogable right to life. The right to life was violated in many countries with impunity by law enforcement and security officials who acted without adequate direction or training regarding human rights. These principles would be useful in the field, in the grass-roots work of non-governmental organizations to improve law enforcement practices in communities, and as benchmarks from which special human rights mechanisms of the United Nations could inquire of States concerning their programmes and policies on training for law enforcement officials. Police use of force and firearms remained a core human rights issue, relevant to many other issues under consideration at the Sub-Commission, and it should therefore raise the primacy of human rights within the field of policing and security by reviewing and adopting these principles.

DAVID LITTMAN, of Association for World Education, said female genital mutilation (FGM) had no hygienic or religious justification, yet over two million female children in more than 30 countries, including more and more thousands in Europe, were being brutally mutilated every year. The goal of outlawing that cruel torture by 2010 seemed a pious hope. Up to 10 per cent of the female population of the world had been thus brutalized in childhood over the last 50 years and that sober realization should prompt leaders to act urgently. He reiterated a point made last year regarding the Cairo Consultation sponsored by the European Union on the theme “stop FGM”, which took place in the presence of the Grand Sheik of Al-Azhar and two Coptic spiritual leaders. But then one learned that the FGM figure for Egypt stood at 97 per cent, despite the Government’s legislation since 1997 to combat it. FGM for northern Sudan remained close to 90 per cent.

ETSURO TOTSUKA, of Japan Fellowship of Reconciliation, said prohibition of slavery was one of the oldest laws of nations. States, including the strong and rich countries, should abide by international law in order to make the world free from slavery. It was regretful that history showed the opposite. Japan still had a duty to punish perpetrators of war crimes and crimes against humanity as regarding the wartime military violence against women. Despite the stagnation of the process for reconciliation because of the attitude of the Government, some progress was steadily going on. The Government should express an apology for the violation of the honour and dignity of the victims of wartime sexual coercion and implement necessary measures to restore their honour as soon as possible; these measures should include monetary payment to the victims of wartime sexual coercion.

YORIO SHIOKAWA, of International Association of Democratic Lawyers, said that when in 1998 the Association began to make contributions to the Fund on Contemporary Forms of Slavery, it spared some money from a lawsuit against a company for its unjust and discriminative treatment. As the next step, the Association was providing contributions to the Indigenous Population Fund and the Indigenous Decade Fund as well as the Fund for Victims of Torture. With regard to Japan, he said that the Prime Minister once suggested a time schedule of constitutional revision. What was really at stake was whether Japan would change a well-known and most cherished pacifist clause, article 9, in order to dispatch freely its military forces overseas. More attention should be paid to an eventual constitutional change in the second wealthiest nation with regard to the reinforcement of United Nations Voluntary Funds.

SARDAR USMAN ALI KHAN, of World Muslim Congress, said violations of human rights of women in situations of armed conflict were violations of the fundamental principles of international women’s rights and humanitarian laws. Women were one of the most vulnerable sections of society. They were often the first victims in any conflict, and the international community needed to address this serious issue pertaining to the violation of the human rights of women in all parts of the world. Despite significant improvement and expansion of the international human rights agenda with inclusion and identification of gender-specific abuses, the international community was still short on action. Indian occupied Kashmir was one such area where these crimes were being systematically perpetrated in various forms of gender-based violence. Terrorism was abhorrent in all its manifestations and the people of Kashmir strongly condemned it in the strongest possible terms as they were on the receiving end of terrorist acts being perpetrated by the Indian security forces and India-sponsored armed outfits.

DAVID LITTMAN, of World Union for Progressive Judaism, said the humanitarian disaster unfolding in Darfur – over 50,000 people killed and 2.2 million displaced from their homes, and in urgent need of relief aid – included the systematic rape of African Muslim women and girls, as well as their enslavement. In 1999, the Sudanese Government had denied irrefutable facts in a major report on slavery by Human Rights Watch and had succeeded in ousting a Zurich-based non-governmental organization from the United Nations, Christian Solidarity International, which had constantly denounced slavery in the Sudan since 1993, and had redeemed tens of thousands of slaves. Darfur was at the centre of the revival of government-sponsored chattel slavery in Sudan. The Government had sponsored slave raids in the context of a genocidal jihad, resulting in the loss of over two million Black African lives and the displacement of over five million people. The current pattern of raiding in Darfur appeared to be virtually identical to what took place in northern Bahr El Ghazal.

ATIA ANWAR ZOON of International Islamic Federation of Student Organizations, said the scourge of terrorism continued to cause immense destruction and untold suffering to humanity. The report on various aspects of the issue of terrorism and international efforts to combat it rightly highlighted the issue of distinction between terrorist acts and people’s struggle for their right to self-determination. The people of Kashmir were the target of a most brutal and organized campaign of state terrorism by the huge might of the Indian military. The worst part of occupation was the repression unleashed on the occupied people through the State terrorism apparatus, and the situations both in Palestine and Indian occupied Kashmir revealed daily stories of barbaric and heinous crimes against all sections of the population; women were the most frequent victims of these horrible crimes. The Sub-Commission should suggest approaches containing effective solutions, based on principles of justice on these issues causing gross violations of human rights, particularly state terrorism and the rights of women.

ROMUALD PIAL MEZALA, of International League for the Rights and Liberation of peoples, said the final report on terrorism and human rights presented by the Special Rapporteur Ms. Kalliopi Koufa had clarified the importance of the protection of human rights in the face of the combat against terrorism and its development since 11 September 2001. One of the challenges of the fight against terrorism today was the necessity to find a balance between the measures adopted to fight terrorism and the respect for human rights and fundamental freedoms. In its resolution 1373, the Security Council had established a list of obligations, which States should fulfil while fighting terrorism. That resolution, which also established a counter-terrorism committee, had made very few references to human rights. It was only in resolution 1456 that the Council recalled that in the fight against terrorism States should respect all their obligations under international law, and the measures adopted should be in conformity with international human rights instruments and international humanitarian laws.

NAZIR AHMED SHAWL, of International Human Rights Association of American Minorities, said the issue of terrorism had a close inter-relationship with the state of observance and respect of human rights without any discrimination. The elimination of terrorism from global society required a thorough analysis of all aspects of terrorism and undertaking concrete measures towards that end. One of the key aspects, and indeed a crucial one, was the need to address the root causes which perpetrated terrorism. Tyranny, occupation, oppression, exclusion, and denial of legal rights by flouting international law and the norms of human society were some of the main factors responsible for the continuation of conflicts and disputes. It was important that an effective counter-terrorism strategy should aim at building an international political environment to explore the ways and means to resolve perennial conflicts and disputes in accordance with the obligations conferred by international law and respecting the rights of the people. Palestine and Kashmir remained two areas where the people had been denied their basic rights including the right to self-determination and were subjected to gross human rights violations.

OSAMU NIIKURA, of Japanese Workers Committee for Human Rights, said the problem of depleted uranium was a newly born and yet very difficult problem. He recalled that the atomic bombs drop in Hiroshima and Nagasaki had been an early warning of the problem. Depleted uranium was only a clad of the heaviest metal on earth in natural conditions, but it might be changed into one of the most horrific materials, which had long enduring effects noxious to every living creature on the planet, when it was used as a weapon. When swallowed in inspiration or digestion, very tiny particles would continue to give a radiation in low level from inside of human body during a very long time, say about 4 billion years. It was already reported that incidence rates of congenital malformations in areas where depleted uranium bullets were presumably shot were high. Now was the time to taken an initiative to ban any use, production, transport and stockpile of depleted uranium weaponry.

DAVID OLIVER, of World Peace Council, said there was increasing focus on one country from where contemporary terrorists appeared to have spread out across the globe like a swarm of locusts: Pakistan. Many international human rights non-governmental organizations had, over the past decade, cautioned the international community at the Sub-Commission about the dangers that the evolution of Pakistan, with its support for extremism and fundamentalism, would pose in coming years. Pakistan had permitted its soil to be turned into a breeding ground for a brand of terrorists who knew no boundaries. International counter-terrorism measures could not succeed if terrorism was viewed selectively, depending on the nationality or colour of its victims. One of the greatest fears of the international community and counter-terrorism experts had been the possibility that one day terrorist groups would acquire weapons of mass destruction, and yet it was astounding that the democracies of the world, faced with this danger, continued to talk of engagement with Pakistan involving the infusion of ever-increasing economic and military aid, when the country should be at least sanctioned and not assisted. The international community needed to send a clear signal to Pakistan that it would not accept Pakistan’s contention that some perpetrators of violence were terrorists and others, who had made a past-time of indulging in violence, were freedom fighters.

ANNA BIONDI, of International Confederation of Free Trade Unions, said the Confederation denounced the use of anti-human and anti-trade unions rights practices against workers and their freely chosen organizations, which too often nowadays stemmed from false charges of “terrorism”. The most striking example came from Burma. Following a strong condemnation of its human rights’ record by last June’s session of the International Labour Conference, Burma’s ruling military junta had reacted once more with fabrication and slander against the Federation of Trade Unions Burma. Accusations of terrorism had been levelled at the Unions since 1997, by the Government when it sentenced three union leaders and some of their relatives to life imprisonment and other long prison terms. They had been accused of smuggling explosives hidden inside a rice cooker into Burma. The Confederation strongly condemned the Government of Burma for its repeated fabrications, aimed at undermining the credibility of the trade unions.

PRAMILA SRIVASTAVA, of International Institute for Non-Aligned Studies, said half of humanity was made up of women, and yet they were the victim of some of the worst violations of human rights, discrimination and human deprivation. Being poor or belonging to a minority or disadvantaged group made women even more vulnerable. While all these problems were almost universal, there existed a wide gap in the Gender Development Index among countries. Millions of women throughout the world lived in conditions of abject deprivation of and attacks against their fundamental human rights for no other reason than they were women. There was a need for a society where women were granted the respect they deserved as the nurturers of humanity. All States should treat all forms of violence against women as a criminal offence punishable by law, and should incorporate gender perspectives to promote equitable, effective and appropriate resource allocation to support gender equality and development.

JAN LONN, of International Youth and Student Movement for the United Nations, said that over the last three years, many innocent people had become victims of excesses of counter-terrorism measures. An urgent question was what kind of remedies existed for compensation and reparation for those that had become victims of such unfair measures. What forms of reparation and compensation could be made for those illegally detained without due process in Guantanamo? The Sub-Commission might wish to deliberate on that matter in order to contribute to bring justice to those who had been illegally deprived of liberty for years in contravention of humanitarian law. The Security Council, which in the past had imposed sanctions on States, had in recent years also imposed random sanctions against individuals associated with various organizations and companies. That had happened without the presentation with any evidence of the guilt of the targeted individuals by the permanent members of the Council that called for the sanctions.

ANNA PROTANO-BIGGS, of The European Law Students' Association, said human rights were the basis of the rule of law, and were fundamental for a peaceful human society. There tended to be a general universal consensus on the value of human rights education, but there remained many challenges for effective and comprehensive human rights education in light of the complex realities facing global and national communities. These challenges mirrored the marked inconsistencies between universal standard setting and national implementation. It had long been established that civil, political, economic, social and cultural rights were interconnected and indivisible; however, in practice there was often fragmentation of these rights, with more emphasis placed on some. These polarities were embroiled in increasing politicization, which rendered human rights education more difficult and fractious in certain settings.

DEREK BRETT, of Conscience and Peace Tax International, suggested to the Sub-Commission that, in its role as a thing tank, it turn its attention to the right not to pay for war and the duty to pay for peace. The parallel right of conscientious objection military service was now thoroughly grounded in international law. The extension of the principle to the question of military taxation had been comparatively neglected. In Switzerland, objectors who were called up before conscientious objection was accepted by the authorities were, with others who had not completed their military service, still faced with a supplementary military tax, and some had extended their conscientious objection to a resistance to paying that tax. Over many years, in various countries, persons compelled by strong religious, moral or ethical considerations had attempted either to withhold the part of their individual tax assessment or to challenge the right of the authorities to use for that purpose the taxes they had paid.

DON B. KATES, of World Forum on the Future of Sport Shooting Activities, said there was a need to explore the boundaries of the right to self-defense as a general principle of criminal law and its specific application to small arms possession and use. Disarming law-abiding citizens did not make for peace and security, nor did it inhibit crime; rather it encouraged crime by impeding the legitimate right to self-defense. Genocides were not caused by small-arms use. International instruments, however well-intended, which had the aim of denying populations the means for self-defense should be fought. Armed minorities were rarely attacked, as killing them cost more than compromise. Although guns could be used to murder, they were primarily defensive weapons, allowing the weak to fight the strong. If civilian groups had firearms, that alone could deter Governments from embarking on genocides. Of all weapons, small arms alone allowed the weak to deter attacks from the strong.

CHRISTOPH BIERWIRTH, of the Office of the United Nations High Commissioner for Refugees (UNHCR), said UNHCR fully acknowledged the legitimate concern of States to ensure that there should be no avenue for those supporting or committing terrorist acts to secure access to territory, whether to find a safe haven, avoid persecution or to carry out further attacks. UNHCR recognized that appropriate mechanisms needed to be put in place in the field of asylum as in other areas. At the same time, Governments should take care to ensure a proper balance with the refugee protection principles at stake. In particular, it should not be forgotten that refugees were by definition themselves escaping persecution and violence, including terrorist acts, and were not the perpetrators of such acts. Both the protection of refugees and the adoption of anti-terrorism measures should be rooted in a common overriding concern for human rights.


UNHCR invited the Sub-Commission in its further efforts to minimize the adverse effects of counter-terrorism measures on the enjoyment of human rights, to seek such holistic understanding of security concerns and to reiterate the protection obligations of States vis-à-vis all persons on their territory, including non-citizens and in particular refugees.

SROOD NAJIB (Iraq) said the people of Iraq had been undergoing the difficult task of rebuilding a State in which all civilian infrastructure had been destroyed. The previous regime had released hundreds of assassins and criminals, which had led to abductions, looting, mercenary activities, terrorist attacks and had created mayhem all over the country. These criminal actions were denied by all monotheistic religions and the principles of humanity. Civilians had been killed while praying. The uncontrolled borders had aided the infiltration of many extremists and terrorists who had committed acts that were divorced from culture, tradition and the Islamic religion. These dire circumstances required serious and firm commitment, and a law had been passed to this effect, but it had not yet been enacted. The crucial situation of the Iraqi people required the collaboration and support of the international community in the fight against terrorism and it was hoped all would help in this quest.

SAEED MOHAMED AL FAIHANI (Bahrain) said that in the past, States were accused of violating human rights and fundamental freedoms. Nowadays, with the new developments witnessed by the world, the situation had changed. Violations by States of human rights were decreasing, but more and more non-State actors were violating these rights, especially on issues such as women and contemporary forms of slavery. Despite their increase, those violations were not focused upon due to many reasons. The Sub-Commission had the duty and responsibility to pinpoint those violations through the studies that were presented to the Commission on Human Rights. Bahrain had formulated policies that would ensure respect and protection of human rights and fundamental freedoms. It had submitted this year reports to the Committee on the Elimination of Racial Discrimination. It had proved that by submitting those reports, Bahrain did not tolerate any form of discrimination. On the contrary, it was determined to combat such phenomena. Women issues were important to the Kingdom and the concerned authorities were taking steps to draft the Kingdom’s initial report to the Committee on the Elimination of Discrimination against Women. Civil society was also contributing for its part to the development of human rights and fundamental freedoms.

ROBERT DIXON (United Kingdom) said with regard to the statement of the Government of Mauritius on 2 August, the British Government maintained that the British Indian Ocean Territory was British, and did not recognize the sovereignty claim of the Mauritanian Government. The Territory would be ceded when no longer required for defense purposes subject to the requirements of international law, and the British Government would liaise with the Government of Mauritius in that regard.

G.E. LUKIANTZEV (Russian Federation) said the role of the Sub-Commission as an intellectual Expert Forum was important, and it would contribute to solving the problem of international terrorism as a global terrorism affecting all aspects of life. The threat of terrorism to the universal system of promoting and protecting human rights was recognized, and the attention paid to this was appreciated. There was gratitude to the Special Rapporteur on Terrorism, Ms. Koufa, for the tremendous amount of work done. The conclusions and recommendations in her report were fair, coherent, good and forward-looking, and it was necessary to find ways to ensure their practical implementation so that they were indeed useful for the future. Some provisions were disputable, but the document was a good basis for future work on the problem, both at the Sub-Commission and in other United Nations bodies dedicated to human rights.

MIKE OMOTOSHO (Nigeria) said trafficking in women had become one of the world’s most profitable businesses. Traffickers and organized crime syndicates were taking advantage of poverty, lack of opportunities, political and social violence in the countries of origin, in conjunction with the decreased possibilities for legal migration in many parts of the work while demand for foreign labour head remained constant. States continued to allow trafficking to grow with near impunity and without passing necessary legislation to protect the rights of trafficked persons. His delegation was very concerned about trafficking in women and the extreme forms of violence against women that it involved and supported any international effort to combat that menace. In all regions of the world, violence against women was reality. Women and girls were the victims of domestic violence. They could be subjected to harmful traditional practices, and to rape, thus becoming victims of trafficking and forced prostitution.

PANKAJ SARAN (India) said the phenomenon of terrorism posed one of the most serious threats to human rights. Terrorist acts violated the most fundamental right of all, the right to life, and also impinged upon all other human rights. It was axiomatic that States had an affirmative duty to promote and protect the human rights of all persons under their jurisdiction, including and especially when there was a direct assault on them by the forces of terrorism. History had shown that democratic societies were those which sought peace, protected freedoms, celebrated diversity, respected political differences and did not feel threatened by dissent, and these, unfortunately, were precisely the attributes which made such societies the main targets of international terrorism. The global reach of terrorism required a global and comprehensive effort to counter it. Any study on the impact of terrorism on enjoyment of human rights had to be wary of argumentation that deflected the international community’s response to the evil of terrorism. There was also a need to ensure the accountability of non-state actors who perpetrated terrorist acts and were increasingly responsible for massive abuses of human rights. Terrorism sponsored across international borders by States in a quest for territorial expansion was a threat to international peace and security. There was a need to strike a balance between the imperative of dealing with, and putting an end to, terrorism on the one hand, and safeguarding human rights on the other.

ANA MARIA PRIETO (Colombia) said a new threat was emerging together with globalization. Terrorism was a criminal activity that breached the rights of individuals. The session of the Sub-Commission was doing better work on terrorism. The work done by the Special Rapporteur Ms. Koufa was striking. Her study had also included the activities of non-State actors. States could not allow their citizens to be victims without taking protective measures towards their human rights. Non-State actors should also respect the human rights of others.

Right of Reply

ELSADIG MUSTAFA ALMAGLY (Sudan), speaking in a right of reply, said with regard to the statement made by the Association for World Education that it was better not to waste the time of the Sub-Commission in responding to displaced, senseless and malicious statements.

FAISAL NIAZ TIRIZI (Pakistan), speaking in a right of reply, said an issue that had raised a great deal of anguish was the Secretariat-circulated document NGO/27, which contained highly offensive and selective remarks against Islam, its holy book and prophet, with the aim of defaming Islam, a religion of peace and tolerance. There was strong belief in freedom of expression, but this statement breached decorum, and should be condemned strongly. This should not go unchecked, as it set a dangerous precedent that could undermine the sanctity of the forum. The line had been crossed. Pakistan had never quoted any holy scriptures, as it believed in the sanctity of all beliefs and their texts, and it expected others to do the same. It appeared some groups had however determined to attack Islam in this forum and others, and it had even become a fashionable act. The growing incidents of defamation of Islam had continued. Such remarks could not contribute to the furtherance of human rights, and would only detract attention from the human rights issues discussed. Further action would be undertaken.


Statements on Specific Human Rights

KALLIOPI KOUFA (Sub-Commission Expert) expressed her gratitude to all those who had contributed to the comments and enrichment of her work on terrorism and human rights. A number of governments had also expressed a series of ideas to her work. Many Experts had supported the drawing up of guidelines, which was indicated in her conference paper. The limit of legal definition of terrorism had been widely argued during the debate. As long as terrorism remained political, it was not easy to have a definition of terrorism. The controversy of the situation of non-States actors had also been raised. With regard to non-State actors, a national mechanism could be found against it, while it might be difficult to design an international mechanism against the phenomenon under international humanitarian law or international law

FRANCOISE JANE HAMPSON (Sub-Commission Expert) said the complicated question of the human rights questions of the human genome had been demystified by the report of Ms. Motoc. There were good grounds for serious concern over the possible misuse of this work, as evidenced by historical incidents when European countries had engaged in sterilization of the handicapped. This was evidence of possible misuse, and illustrated the need for guidelines. The report also included genetic weapons, which was a danger sufficiently important that it needed to be on people’s agendas, despite appearing to be science-fiction.

ANTOANELLA-IULIA MOTOC (Sub-Commission Expert), responding to what her colleagues said with regard to the issues discussed in the report on human rights and the human genome, said it was important to note that genetic research was often done in the north, and results were not shared with those in the south, although they were often the subjects of the genetic research, even though problems were often shared with developing countries. Intellectual property was an issue here, and future research would take this into account. The human genome was an area where there needed to be foresight for possible dangers in the future, and also learning from the issues of the past. There were certain scientific issues that were at the core of this issue, which over time took over legal and ethical dimensions, which could become relatively autonomous, and dealt with independently from the other related issues to the matter, such as the rights of the disabled and the sick. The ethical aspect remained controversial, as there was a conflict between moral concepts as regarded individuals and decisions made by the States. Genetic manipulation also needed to take into account the acceptance of diversity within societies. Indigenous peoples were the first victims of discrimination because they had the characteristic of being homogenous, and thus researches had risked exploitation of these peoples in the past. The discrimination aspect had not yet been examined properly in this respect.

CRISTIANO DOS SANTOS (Sub-Commission Expert) thanked all those who made inputs to and comments on the work of the Special Rapporteur Mr. Ruis Baltazar Dos Dantos Alves on human rights and international solidarity. The Experts had made useful comments. As to the importance of the paper, he said it was elucidating international cooperation and solidarity in the realization of human rights. He hoped that the future expanded paper would bring further clarifications on international solidarity.

Statement on the Administration of Justice, Rule of Law and Democracy

OLIVIER POQUILLON, of Dominicans for Justice and Peace, speaking on behalf of Dominican Leadership Conference and Pax Christi International, said the trend towards the abolition of the death penalty was growing. In calling for the abolition of the death penalty, there was concern at the unfair discriminatory application of the penalty, as it was often used more on a racist basis against minorities and in general against persons who were in minority groups or who were disadvantaged, for example in Texas and in the rest of the United States.

The International Criminal Court had determined that the United States had violated the rights of 51 Mexicans when sentencing them to death. In Pakistan, the death penalty was the only possible penalty for those condemned for blasphemy, and its application in this context was not satisfactory as it did not follow international humanitarian law limiting its application. The Sub-Commission should ask Governments who had not done so to seek alternatives to the death penalty which reflected intelligence, civility, compassion and justice.