SUB-COMMISSION CONTINUES DEBATE ON SPECIFIC HUMAN RIGHTS ISSUES

Sub-Commission on the Promotion and Protection of Human Rights

17 August 2006


Discusses Contemporary Forms of Slavery, Terrorism and Counter-Terrorism
and Women and Human Rights


The Sub-Commission on the Promotion and Protection of Human Rights this afternoon continued its debate on specific human rights issues, focusing on contemporary forms of slavery, terrorism and counter-terrorism, women and human rights and new priorities.

Introducing the working paper on an updated draft of principles and guidelines concerning human rights and terrorism, Sub-Commission Expert Kalliopi Koufa that her paper, among other things, talked about the value of the overarching principles or guidelines, and emphasised that no set of principles sat apart from other international principles and laws. It emphasised the need for clear principles and guidelines for the protection of human rights in the fight against terrorism in order to give States clear options in the context of the respect of human rights. The elaboration of guidelines was vital for the future of the fight against terrorism, she said.

At the beginning of the meeting, the Sub-Commission heard a number of speakers react to the report of the Working Group on Contemporary Forms of Slavery which was presented yesterday (see press release HR/SC/06/10 of 16 August). Sub-Commission Experts called the Working Group “historic”, noting that it was the only specific procedure of the Commission to address slavery and all its reflections. The speakers talked about new forms of slavery emerging in societies.

After concluding its debate on terrorism and counter-terrorism, the Sub-Commission discussed other specific human rights issues, including women and human rights and the human rights of the elderly among others.

Taking the floor over the course of the meeting were Sub-Commission Experts Emmanuel Decaux, Vladimir Kartashkin, Chen Shiqiu, Antoanella-Iulia Motoc, Abdul Sattar, Florizelle O’Connor, Kalliopi Koufa, Mohamed Habib Cherif, Chin-Sung Chung, El-Hadji Guisse, Soli Jehangir Sorabjee and Christy Mbonu.

Also taking making statements were the representatives of Pax Roman; International Educational Development; United Nations Watch, in a joint statement; International Federation of Human Rights Leagues; Interfaith International; International Federation of University Women; Association for World Education; New Humanity; World Organization Against Torture; Franciscans International, in a joint statement; and International Institute for Non-Aligned Studies.

The next plenary meeting of the Sub-Commission will be held at 10 a.m. on Friday, 18 August, during which it will continue its discussion on specific human rights issues.

Statements on the Report of the Working Group on Contemporary Forms of Slavery

EMMANUEL DECAUX, Sub-Commission Expert, said this was a most interesting group, and what should be stressed was that it was a historic group within the Sub-Commission, the first to have been set up. With regard to the two other Working Groups, there was a draw-back, as those being referred to were hidden: the victims of contemporary forms of slavery or other forms of slavery. The Forum allowed for victims to come and address it, and this should be borne in mind. There was new dynamism in the group, and it should move further along these lines in ensuring that there was synergy. It would be ideal if the Working Group and the Voluntary Fund’s sessions took place at the same time: this would allow for joint meetings and would increase the Group’s potential without slowing down the attribution of grants.

Another synergy was with the non-governmental organizations (NGOs), and this year one of the NGOs that had been combating slavery since the eighteenth century had not been able to come. All NGOs were appealed to to participate actively, as the Working Group needed their work and expertise. A third synergy was with international organizations. The Forum had common concerns with the ILO, and it was important for regional organizations to also be associated with the work. Contacts should be increased in number, including with the other organizations of the United Nations system, and there should be a convergence of efforts. This important question of slavery needed to be one of the highlights of the work of the future body of experts.

VLADIMIR KARTASHKIN, Sub-Commission Expert, said the report had covered important issues with regard to the fight against contemporary forms of slavery. The discussion in the Working Group on slavery had given a good picture of the issue. With regard to the recommendation on monitoring of the implementation of the Slavery Convention, it was known that the Commission on Human Rights had prohibited the monitoring of the implementation of the convention with regard to States parties to the treaty. How did the Working Group intend to proceed with the monitoring of the implementation of the Convention? How could the Working Group carry out the monitoring task? The Working Group on slavery should produce acceptable arguments on the proposal it made on monitoring.

KALLIOPI KOUFA, Sub-Commission Expert, said the Working Group had been doing excellent work since 1975. It was the only specific procedure of the Commission to address slavery and all its reflections. This year, the Working Group devoted priority attention to the human rights dimension of prostitution, in particular the human rights impact of different national responses to this phenomenon, notably with regards to legalisation. The Working Group had indeed worked very hard throughout its history. It had also had a relationship with a wide range of NGOs, and this partnership was a clear model for United Nations action. The Working Group should be continued with a stronger monitoring mandate. It would be a huge set-back in human rights protection if the Working Group were to be lost in the reorganisation process, as it would ultimately have to be reinvented for the United Nations system to continue its consideration and work on this topic.

CHEN SHIQIU, Sub-Commission Expert, expressed satisfaction over the report of the Working Group on slavery presented by Mr. Sattar. He said a series of incidents of contemporary forms of slavery had been cited in the report. Traditional practices of forced marriage, forced labour and other similar instances were among the horrible practices. While the old practices disappeared, new forms of slavery emerged in societies. In today’s world, contemporary forms of slavery did not lessen; they rather increased, particularly in poor regions. He entirely agreed with the conclusions of the report on designing a new and efficient mechanism to deal with the phenomenon of contemporary forms of slavery.

ANTOANELLA-IULIA MOTOC, Sub-Commission Expert, said regarding the recommendation on the monitoring mechanism, the report spoke of the possibility of continuing with the Working Group and the possibility of the establishment by the Human Rights Council of a Special Rapporteur on slavery, stipulating that this did not overlap with any other mandate, as this would be very difficult. The function of the future Working Group or special procedure would have to be determined clearly, and this would be very difficult.

ABDUL SATTAR, Sub-Commission Expert, in a concluding remark, said he was satisfied by the qualification of the Working Group as historic. On the issue of participation by the members of the Working Group on the governing body of the fund for victims of slavery, he wished that the idea be included in the resolution to be submitted to the Sub-Commission for approval. With regard to the participation of non-governmental organizations, he said they had valuably contributed to the work of the Working Group. Concerning the monitoring of the implementation of the convention by the Working Group, it might be difficult if the States themselves did not open themselves for monitoring by the Working Group. The collective nature of the contribution made by the Working Group had also been taken well. The Working Group should be maintained as a subsidiary body to the Sub-Commission.

FLORIZELLE O’CONNOR, Sub-Commission Expert, said on the report on slavery, the Working Group had done a tremendous amount of work. Under the heading “human rights dimensions of prostitution”, there was reaffirmation that prostitution was incompatible with the dignity of the human person. The Sub-Commission should be aware that in some areas the situation was that legislation to make prostitution legal for health reasons was now being considered. It was very important that the work of the Working Group continue, and that attention was paid to national legislation. A study had been proposed on prostitution, and this was supported. As economic imbalances had increased, prostitution had increased, and there was a direct link between the two, as there was between prostitution and HIV/AIDS. All these links should be examined further.

ALESSANDRA AULA, of Franciscans International, in a joint statement with International Institute for Non-Aligned Studies, said despite the achievements of the Working Group on Contemporary Forms of Slavery, the minimum estimate of the number of people in forced labour around the world today was still over 12 million. Given these facts and the current review of the United Nations human rights machinery, it was an appropriate time to consider how greater priority could be given to the goal of eradicating all contemporary forms of slavery. There was a need for a special procedure to deal exclusively with contemporary forms of slavery within the United Nations system. A Special Rapporteur who would report directly to the Human Rights Council would greatly increase the profile of the issue both within and beyond the United Nations system. Due to the magnitude and gravity of the phenomenon, in addition to the establishment of the new mandate of Special Rapporteur, the new expert advice body should inscribe in its agenda an item exclusively dealing with contemporary forms of slavery.


Working Paper on Draft Principles and Guidelines on Human Rights and Terrorism

A working paper (A/HRC/Sub.1/58/30) entitled an updated framework draft of principles and guidelines concerning human rights and terrorism emphasises the need for clear and detailed guidelines on the observance and protection of human rights in the fight against terrorism in order to give clear guidance to States and to contribute to efforts to balance security interests with human rights. It contains an expansion on issues that either were not included in previous reports or could benefit from further elaboration. Section I outlines certain general principles and focuses in particular on the issue of derogations. It emphasises that any guidelines and principles should be interpreted in the light of general principles of international law, with attention to the emergence of norms of customary international law. Section II provides an updated “Framework draft of principles and guidelines concerning human rights and terrorism”, including provisions related to the duties of States regarding terrorist acts and human rights; general principles relating to counter-terrorism measures; counter-terrorism measures and the definition of terrorism; exceptions and derogations; specific principles relating to arrest, detention and trial; penalties; asylum, forcible transfers and extradition; freedom of opinion and expression; freedom of thought, conscience and religion; privacy and property rights; freedom of association and assembly; and the rights of victims of terrorist acts.

Statements on Working Paper on Human Rights and Terrorism

KALLIOPI KOUFA, Sub-Commission Expert, introducing the working paper on an updated framework draft of principles and guidelines concerning human rights and terrorism (A/HRC/Sub.1/58/30) said the paper was divided into two major parts. The first part contained a background of the Sub-Commission’s relevant work, and set out guidelines, described the transitional period, and provided information about the first sitting of the Sessional Working Group. The second part contained a paper in miniature on the value of overarching principles or guidelines, and emphasised, among other things, that no set of principles sat apart from other international principles and laws. The third section emphasised the need for clear principles and guidelines for the protection of human rights in the fight against terrorism in order to give States clear options in the context of the respect of human rights.

The second part of the working paper contained the updated draft, as well as comments. Some of the updates were subsequent to the meeting of the 2005 Working Group. The elaboration of guidelines was vital for the future of the fight against terrorism.

R.J. RAJKUMAR, of Pax Romana, said there had been suggestions in the work of Ms. Koufa to include minorities and other groups in the discussion concerning the guidelines. Pax Romana would like to provide suggestions in writing to be considered by Ms. Koufa in her working paper on drafting of principles and guidelines concerning human rights and terrorism.

ABDUL SATTAR, Sub-Commission Expert, said the work of Ms. Koufa was a seminal contribution to the promotion of understanding of the scourge of terrorism in all its forms and manifestations, and of the need to address the root causes of the scourge. Some guiding principles had been proposed, and these required careful consideration and should be studied with all attention. If he thought of something to help in the modification of the guidelines, then he would contribute.

FLORIZELLE O’CONNOR, Sub-Commission Expert, said that acts of terrorism were a violation of the individual rights of many peoples, and there should be a full understanding of terrorism. The issue of combating the violent and blatant acts of terrorism should be carefully considered and it was hoped that many States would adopt the guidelines and the principles drafted by Ms. Koufa.

VLADIMIR KARTASHKIN, Sub-Commission Expert, said this was a most important subject, and each time Ms. Koufa reported, her studies were very interesting. The question of human rights and terrorism was one which was among the most topical in today’s world. This was an item that would clearly remain on the international community’s agenda for many years to come, and it was therefore extremely important that each year Ms. Koufa should go into greater depth, and for her not to stop her work. The updated framework draft principles and guidelines seemed to be beyond dispute. Bearing in mind the importance of combating terrorism, various viewpoints expressed on terrorism, it was very important to develop the provisions on which there were disputes, and to refute the pretexts used by terrorists in carrying out their acts. One of these concerned the use of force and self-defence, which was, from the international law perspective, a moot point. The use of force by any people, even with the right to self-determination, was something that should be seen as an exceptional event, as the implementation of the right to self-determination was better obtained through a peaceful framework.

Only true acts of terror should be seen as such, but this did not reply to the question of “in what instances should the right to self-determination be seen as a pretext for justifying terrorist acts”. It was a complex question, on the theoretical and practical basis. Some of these issues required further expansion, and Ms. Koufa’s future studies would make it possible for her to resolve these moot points and give an interpretation of what had been adopted by the Sub-Commission.

CHEN SHIQIU, Sub-Commission Expert, said the working paper by Ms. Koufa was a result of hard work and she should be able to continue and complete her work. As a member of the Working Group himself, his views had been reflected in the paper. International terrorism was becoming worse and the international community should ask why was it so. The whole international community should deal with the question and seriously consider the reasons for its growth. Since the 11 September attacks, a number of measures had been taken at the international level. It was also true that the measures designed to fight against terrorism had political motivation, which had given a false illusion to the world community. He hoped that States, in their fight against terrorism, would continue to respect the fundamental human rights of people and abide by the guidelines and principles.

SOLI JEHANGIR SORABJEE, Sub-Commission Expert, said the work of Ms. Koufa was solid, and was an excellent contribution to the ongoing study on terrorism. What was implicit was the objectivity of treatment, without resort to emotionalism or exaggeration. It was important to remember that terrorism could not be justified under the label of war of liberation or self-determination; it was also important to remember that in the so-called war on terror, a State should not declare war on the civil liberties of its populations, or use it as a tool against political opponents. The study was excellent, and should be continued, as the future would include terrorism. Ms. Koufa had taken into account the different manifestations of the scourge, and how they could be dealt with in keeping with the various human rights aspects.

EL-HADJI GUISSE, Sub-Commission Expert, said that Ms. Koufa had courageously dealt with the issue of terrorism, and he endorsed her work. The distinction between terrorism and the fight for self-determination should be clear. There were political parties that targeted their own people as terrorists through their designation of anti-terrorist laws. Other than international terrorism, there was also domestic terrorism, which some States designed to attack their opponents. The scourge of terrorism should be fought in all its aspects; however, there should be law that could guide States in their fight. The drafting of the principles and guidelines concerning human rights and terrorism would be of great help to deal correctly with terrorism.

MOHAMED HABIB CHERIF, Sub-Commission Expert, said as to the subject, which was a most important and topical subject, namely terrorism and human rights, there was a lack in the world of effective means of ensuring peaceful national and international settlement of disputes. This led to a feeling of misunderstanding and injustice among the weak, leading to desperate acts by the desperate. There was a need to examine causes more thoroughly to combat this scourge. The fight against terrorism should not itself become a pretext or factor leading to serious violations of human rights. Among the recommendations, it should be stressed that there was a need for bodies and procedures that would find just and equitable solutions to conflicts. Human rights had an immediate and important impact on peace-keeping and the implementation of justice.

ABDUL SATTAR, Sub-Commission Expert, said that there should be a clear distinction between terrorism and the fight for self-determination, and the Sub-Commission was endeavouring to establish this distinction. In no circumstances could the world accept any form of terrorism, except by condemning those acts. The General Assembly should also ensure the struggle of the universally recognized right to self-determination, which was inherent in the UN Charter. The Charter provided for peaceful settlement of disputes, and the world community agreed that violence or war was not the solution of any problem on the basis of justice. The General Assembly should continue the debate in finding an acceptable solution to the issue of terrorism and the struggle for the right to self-determination.

CHRISTY EZIM MBONU, Sub-Commission Expert, said this was a very complex, sensitive and topical issue. On no condition could anybody justify terrorism: it was a crucial violation of a vital right - the right to life itself. There was a need to identify a definition of terrorism. There should be dialogue and peaceful resolution of conflict by peaceful means. There should be self-censorship on the part of the press, and if they could control themselves and not give terrorism the type of coverage relished by the terrorists, there would be no terrorism. Ms. Koufa should examine this option. Consensus on the definition of terrorism would probably not be found, as there was no justification for removing the lives of innocent vulnerable people. The root causes could be identified, but the press should be less morbid and gruesome in their reporting.

EMMANUEL DECAUX, Sub-Commission Expert, said the work by the United Nations on terrorism had been important and had been going on for some time now. However, it was regrettable that an agreed definition of terrorism was not yet found. A number of regional organizations had been making efforts on policies and legislation to define terrorism. Measures to combat terrorism had been sought at the regional level by the regional organizations, including the treatment of victims of terrorism. The guidelines should be put in place to assist victims of terrorism. He had submitted a paper on the issue of assisting victims of terrorism.

KAREN PARKER, of International Educational Development, said there had been steady and considerable progress on the elaboration of guidelines on terrorism, and the expanded paper this year reflected the important input of the participants of the working groups. It would be a tragic loss to terminate this work at this time, and the Sub-Commission and the Human Rights Council should support it. The development of guidelines should always start with an Expert Body, as States could not be sufficiently neutral to properly forward human rights in this way, and this was particularly clear in the situation of conflicts.

KALLIOPI KOUFA, Sub-Commission Expert, said she was encouraged by the words of appreciation by the Experts. She had avoided consistently the definition of terrorism in her work. However, it was critical that she continue her work and the Sub-Commission should be able to let her do so. On the issue of terrorism and the struggle for self-determination, enough stuff had been included in the paper with particular emphasis on anti-terrorist measures. On the issue of objectively, no one could fight terrorism without objectivity. One Expert had indicated the emphasis on the institutional means to fight terrorism. With regard to restraint by the media, the guidelines could not request journalists to restrain themselves because of the freedom of the press. She hoped to put more stuff in her work reflecting the concerns of the Experts. The paper submitted by one of the Experts on the issue of victims of terrorism was important.

PABLO KAPUSTA, of United Nations Watch, in a joint statement with International Federation of Human Rights Leagues, said as the fifth anniversary of the 11 September atrocities approached, the world once again found itself under the dark shadow of terror. As terrorism was a global scourge, the United Nations had to take the lead in combating it, and no challenge was more apt for the United Nations. The United Nations human rights apparatus had granted great attention to the correlation between human rights and terrorism, and in battling it, democracies had to show they respected justice and a set of values worth defending. The absence of a definition of terrorism seriously hindered the international response, and countries remained free to interpret their own obligations and decide for themselves who were terrorists and who were freedom fighters. There was no cause which could justify the intentional murder of innocent civilians, and the United Nations human rights bodies should begin to speak out and condemn specific acts of terrorism. The United Nations should show unequivocal moral leadership on an issue that affected all.

Statements on Specific Human Rights Issues

ALEXANDRA POMEON O'NEILL, of International Federation of Human Rights Leagues, said for the past year, the International Federation had launched an international campaign for the implementation of the Convention on the Elimination of All Forms of Discrimination Against Women and for the ratification by States of its Optional Protocol. A number of States had done so following the campaign. However, there remained a long road in that direction. The level of the integration of the Convention in domestic human rights remained partial. Despite the ratification of the Convention, some States maintained discriminatory provisions in the law books. About fifty States still maintained reservations on the Convention, and the rights of women had not been given a priority in some of those countries.

CHIN-SUNG CHUNG, Sub-Commission Expert, said the Sub-Commission or the former Commission had not yet duly included the issue of the human rights of elderly people in its work with a view to formulating human rights concepts and rights-based understanding of the issue. Millions of elderly people across the world faced unequal treatment or denial of basic rights, specifically in terms of chronic poverty, violence and abuse, little or no access to the law, and exclusion from social and political participation; the growing concern over the speed and scale of global ageing was not a matter only related to economic and social development agendas. The rights of elderly people were at risk of violation in various economic, institutional, community and family settings. In particular, the prevalence of violence and abuse against elderly people was a common issue for both developed and developing countries across the world.

Elderly people were even more vulnerable in natural disasters or situations of armed conflict. There had been ongoing efforts in the United Nations system to address the challenges of population ageing and the concerns of elderly people. However, this had been done mostly under social development agendas. Under human rights agendas, the issue had been occasionally and sporadically mentioned in some economic, social and cultural rights contexts, in particular with regards to persons with disabilities and poverty reduction. Vulnerability, discrimination and human rights violations on the basis of age needed special attention and targeted action. Bringing forward the human rights of elderly people in an integrated manner in the work of the United Nations human rights mechanisms and highlighting the issues of responsibility and accountability were most compellingly needed. There should be a study on this issue in order to make an effective and necessary contribution to the protection of elderly people’s human rights.

CHARLES GRAVES, of Interfaith International, said that the war in Lebanon clearly illustrated a clash of civilizations. In the Lebanon crisis the so-called “Western world” seemed to be aligning itself against the Muslim world. Even in the very obvious violation of human rights as Israel’s over-reaction to the capture of its soldiers, the major powers seemed to align themselves on one or another side of a religious divide. As the negotiations proceeded to solve the Lebanon crisis, the idea of a “clash of civilizations” appeared to take the limelight. The United States had apparently made the elimination of Hezbollah a major cornerstone of its policy. But such policy only worsened the fate of peoples in the Middle East. Such action was diametrically opposed to the United Nations’ new initiative for an alliance of civilizations vis-à-vis a supposed clash of civilizations.

CONCHITA PONCINI, of International Federation of University Women, said it was quite obvious that Government commitments abounded in legally-binding international instruments and regulatory frameworks, declarations at world conferences and voluntary pledges. What was missing was implementation and accountability at national levels. The Sub-Commission should become the Human Rights Council’s expert advisory group with the added mandate of coordinating with other research institutions and programmes of the United Nations system in analysing from the human rights approach what had constrained Member States in fully implementing their commitments and why gender inequality continued and women’s rights were still violated or abused. True equality could only emerge from efforts directed towards addressing and correcting situational imbalances.

DAVID LITTMAN, of Association for World Education, said the legitimacy of the use of violence and acts of terrorism in the name of Islam was the subject of continuing debate within the Islamic world, particularly since the recent events in the United Kingdom. The debate turned on interpretations of the concept of Jihad when carried out as a “Holy War”. Unfortunately, the concept of deliberately sacrificing one’s life while killing infidels and those targeted as Muslim apostates was sanctioned by tradition. According to some of the most influential voices in the Islamic world, Muslims who performed terrorist attacks in the path of Jihad remained Muslims however reprehensible their actions. It was significant that persons close to the London bombers of 7 July 2005 and the earlier attacks in Madrid claimed that their actions were a Jihad in the name of Islam. The Association for World Education called the Sub-Commission to adopt a clear resolution in which any call to kill, to terrorize or to use violence in the name of God or any religion was condemned without qualification.

MARCO AQUINI, of New Humanity, said solidarity implied a communion of responsibilities and interests between individuals, groups, nations and States, and sometimes appeared linked to the ideal of fraternity as proclaimed by the French revolution. The Universal Declaration of Human Rights stated at a universal level the three principles of freedom, equality and fraternity. In the current context of globalisation, characterised by the proliferation of subjects exercising significant roles for the protection of human rights and their respect by institutional subjects, especially in the economic-social sector, the principle of fraternity allowed problems to be confronted in a non-particularistic or nationalistic manner, bearing in mind instead that all problems and all solutions were linked by fraternal interdependence with other populations and people. International solidarity in the context of human rights should have a human rights fundament.

VIRGINIE BAILLON, of World Organization Against Torture, said that programmes on violence against women had been integral and systematic objectives of the World Organization Against Torture within the context of international human rights mechanisms. For many years, The World Organization Against Torture had collaborated with the UN mechanisms on the prevention of violence against women and on the promotion of gender equality. The Organization also continued to make States accountable for the violence perpetrated against women in their families and communities. The States were encouraged to prevent and investigate acts of violence against women. Violence against women was often considered as a private or cultural affair. However, due to the campaigns and the work of UN experts on the issue, the situation had now changed.

PRAMILA SRIVASTAVA, of International Institute for Non-Aligned Studies, said that with women’s movements gaining momentum in India and other south Asian countries, women had become the most important target and a debatable issue in the society. The term “women empowerment” was being heard in various phases of life; even the Government of India had adopted a “Policy for the Empowerment of Women” in 2001. Women empowerment was associated with women’s struggle for social justice and equality. The empowerment of women required immediate changes and proper orientation in the areas like judico-legal system, economy, health, education and industry. The range of violence against women was recognized worldwide.

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