SUB-COMMISSION ON PROMOTION AND PROTECTION OF HUMAN RIGHTS CONSIDERS VIOLATIONS IN DIFFERENT PARTS OF THE WORLD

Sub-Commission on the Promotion
and Protection of Human Rights
55th session
29 July 2003
Morning




Issues brought to the attention of the Sub-Commission by several NGOs included the situation of the inhabitants of Jammu and Kashmir. They said there was a vital need for the international community to take urgent action and remedy the situation in the area by guaranteeing the people their right to self-determination.

The plight of the Iraqi people, who were in dire need of aid and support after suffering under a dictatorship, sanctions, and now occupation, was another issue raised by NGOs. Several speakers called for a neutral, United Nations-led civilian mission to go to Iraq to administrate that country until such time when a legal government could be elected by the Iraqi people as a whole. They also called for the end of the US-led occupation of the country.

Further, there was concern that the rise of global terrorism was paralleled with a rise in restrictions on human rights, particularly the freedom of expression, in various countries, under the pretext of the prevention of terrorism. Some governments, said participants, were using this legitimate cause to establish or strengthen their hold on power at the expense of their commitments to human rights. The respect of human rights and fundamental freedoms should be at the core of the fight against international terrorism, it was stressed.

Other issues raised included the situation of indigenous peoples and ethnic minorities across the globe, including in the Moluccas, the United States, and Bangladesh where these people were subject to discrimination on many levels; threats to the freedom of expression and of the press in many areas of the globe; and incidents of sexual slavery and mass rape of women, particularly when used as a weapon or threat during periods of conflict.

The NGOs addressing the Sub-Commission were the General Arab Women Federation (on behalf of Women’s International League for Peace and Freedom, World Movement of Mothers, Union of Arab Jurists, International Association of Democratic Lawyers, World Information Transfer, and International Educational Development); World Union for Progressive Judaism; North South XXI; European Union of Public Relations; Dominicans for Justice and Peace; World Peace Council; Voluntary Action Network India; International Islamic Federation of Student Organizations; International Association of Democratic Lawyers; International Indian Treaty Council; American Association of Jurists; Franciscans International; Syriac International Alliance; World Muslim Congress; World Organization Against Torture; International Human Rights Association of American Minorities; Pax Romana; Asia-Japan Women’s Resource Centre; Interfaith International; International League for the Rights and Liberation of Peoples; Minnesota Advocates for Human Rights; Young Doctors Without Frontiers Tunisia; Afro-Asian People’s Solidarity Organization; and the International Institute for Peace.

The Sub-Commission will reconvene at 10 a.m. on Wednesday, 30 July to continue its debate on the question of the violation of human rights and fundamental freedoms in all countries, and, should time permit, begin discussions on the statement made on Monday by the Acting High Commissioner for Human Rights, Bertrand Ramcharan, and other issues.


Statements on the Question of the Violation of Human Rights and Fundamental Freedoms in All Countries

KRISHNA AHOOJAPATEL, of General Arab Women Federation, in joint statement with several NGOs*,said the Iraqi people had suffered 23 years of continuous war without interruption and had also gone through the misery of 12 years of economic sanctions. They were now living under the heavy weight of occupation resulting in increasing violence at every level in their daily live. During the period of over 12 years, 1.7 million Iraqi people had died, of which 600,000 were children, as a direct result of deprivation imposed by the sanctions which brought to a halt the productive capacity of the country. After the illegal attack on Iraq on 22 March by the United States and the United Kingdom, it had become evident that this was not a war but an invasion outside Chapter 7 of the United Nations Charter and the rules of international law. Under the Geneva Conventions, the occupying powers were under a legal obligation to ensure the human security of the population as well as their property and resources. The occupying authority was also obliged to provide the basic needs of the civilian population which included water and sanitation, electricity and medical aid. According to a number of witnesses on the spot, the Iraqi citizens, particularly women, were living under constant threats day and night, subject to raids and indiscriminate shooting in their own homes. They were often robbed of their personal property from their homes, which had made them totally destitute. Member States were urged to come to the aid of the Iraqi people, to provide relief to their suffering, and to assist them in realizing the right to form their own government themselves.

DAVID LITTMAN, of World Union for Progressive Judaism, said when genocidal acts had occurred in the past, they had not always found a mention in a United Nations Agenda, nor created recorded concerns. The World Union, notwithstanding international complacency towards HAMAS Terror Inc, preferred to envisage a future of peace and reconciliation, as first expressed thirteen years ago to the Sub-Commission. The Sub-Commission should contribute in one crucial area of its competence by showing concern in a resolution. The Sub-Commission should draw the attention of the Counter-Terrorism Committee of the Security Council to the HAMAS Charter and its violent implications.

EVO MORALES AYMA, of North-South XXI, said it was necessary to address the human rights situation in Bolivia. The economic policies currently pursued in Bolivia were prioritising the interest of transnational corporations and not the people of Bolivia, or its indigenous peoples. There was now a clash between these two cultures resulting in grave violations of human rights. Until this economic, social and cultural system was revised, there would be no end to the human rights violations. The Sub-Commission must assist in this situation to ensure that an end was put to impunity in Bolivia. It was a source of deep concern that each month 600 people were killed and 700 were wounded in Bolivia. Investigations were required to identify and indict the perpetrators of such crimes, he said. It was also necessary to change the entire economic system which was currently in the hands of a few, and ensure that the distribution of wealth benefited all. The indigenous peoples were the victims in this situation, he said, informing the Sub-Commission how, in a totally unconstitutional manner, he had been expelled from the Bolivian parliament. It was within the United Nations, particularly its human rights bodies, that such abuses needed to be addressed and combated.

SARDAR SHAUKAT ALI KASHMIRI, of European Union of Public Relations, said there were many places where military dictatorships, theo-fascist regimes and corrupt governments operated with impunity and denied to millions of people their most basic human rights. As a human rights activist from Jammu and Kashmir forced to live in exile for the past several years, he drew the attention of the Sub-Commission to the situation prevailing in that bitterly disputed territory, more than one-third of which had been illegally and forcibly occupied by Pakistan. The military-intelligence establishment continued to dominate the political dispensation of Pakistan with a military dictator retaining his hold on the levers of power on the basis of a rigged referendum, manipulated elections and a wholly unconstitutional legal framework order. Religious intolerance and theo-fascism continued to make deeper inroads into the polity, with obscurantist forces preaching religious intolerance and hatred and assuming power at the provincial level through manipulated election. The result had been an increase in the frequency and intensity of sectarian violence. The Sub-Commission must recommend the setting up of a special mechanism to examine the dismal human rights situation prevailing in Pakistan and the parts of Jammu and Kashmir forcibly occupied by it and to suggest concrete methods of redressing the grievances of the victims of human rights violations by the theo-fascist ruling classes of Pakistan.

PHILIPPE BLANC, of Dominicans for Justice and Peace, said the situation of the human rights of the people of Vieques in Puerto Rico was of concern. The fundamental rights of the 9,400 people of Vieques to life, a safe environment, adequate development, and physical and mental health were violated every day by the toxic legacy left by the US Navy as a result of their six decades of bombing, the evidence for which was overwhelming. There was no source of pollution in Vieques other than the US Navy. The Sub-Commission should place the issue of this toxic legacy on its urgent agenda, express concern for its impact on the rights to health, development and the environment, and urge the United States to make adequate compensation, as well as remove all toxic waste from the land and water of Vieques.

SHABIR CHOUDHRY, of World Peace Council, said the area known as the Northern Area of Pakistan was not a Pakistani territory but part of the State of Jammu and Kashmir. It was clear that it was not Pakistani territory, since no country would treat its own area so carelessly, with the people of the area deprived of basic human rights. The area did not benefit from the fruits of modern technology and democracy. Because of the denial of basic human rights and unfair treatment, the people of the region were alienated, and had no opportunity to even express their grievances. The Government of Pakistan had no legal right to control the region and deny the people their basic human rights. The situation on the other side of the Line of Control was not satisfactory either, since ongoing militancy had resulted in many problems for the people of Kashmir, including many social and economic problems, not to mention the uprooting of hundreds of people, and the death of thousands of innocent persons. The Sub-Commission should take note of the situation in Kashmir, and take appropriate actions to improve the lives and condition of the people in this unfortunate region.

NARENDER KUMAR, of Voluntary Action Network India, said while civil society in India fully subscribed to the international ethos of human rights, there was also the opinion that globalization of concerns around human rights should be matched by global cooperation to realise these rights, especially in view of the newly emerging challenges before human rights in the form of neo liberalisation on the one hand, and the new form of terrorism having international roots on the other. It was pertinent to take note of curtailment of freedoms in the wake of neo-colonialism, spearheaded by predatory globalization, which should develop within the framework of international law that guaranteed human dignity for all. Further, faced with the new realities of predatory globalization and terrorism with international roots, civil society organizations and human rights activists in India were gearing up to ensure that the human rights and fundamental freedoms of all people were respected. The Sub-Commission should help to create appropriate conditions that were conducive to human rights.

KOUKABUL SABA, of International Islamic Federation of Student Organizations, said amidst clamours about the safeguarding of human rights valued by the United Nations and other international bodies, the people of Jammu and Kashmir were continuing to suffer. The Sub-Commission was familiar with the basic facts of the situation, which was the result of India’s refusal to respect the United Nations Security Council resolutions that provided for the expression of the right to self-determination of the people of Jammu and Kashmir. The Indian Government’s failure to honour its commitment under these resolutions and the promises made to the people of Jammu and Kashmir were the root cause of the current turbulence. Anti-Muslim riots and hate waves in India had invariably concluded with blood letting of Kashmiris all along. The hard line extremist Hindu forces cast Kashmiris and Muslims as ideological enemies who were to be treated with brutality and animosity. The Kashmiris appealed to the Sub-Commission to give serious and urgent attention to the grave perils that they faced in India today. They were oppressed and marginalized, they were not terrorists. Kashmiris condemned terrorism in all its forms and manifestations. It was the obligation of the United Nations and the International Community to take urgent action and free Kashmiris from continuing Indian brutality and oppression.

PELPINA SAHUREKA, of International Association of Democratic Lawyers, alerted the Sub-Commission to the alarming human rights situation of the Moluccan people of Alifuru descent in Maluku. Until now, the Indonesian occupying forces had incited religious segregation between Moluccan Muslims and Moluccan Christians. Roadblocks prevented them from interacting; they were forbidden to communicate with one another; and if caught, there were severe punishments. The state of civil emergency proclaimed in 2000 was still effective in Maluku, only to give the Indonesian forces the right to justify their inhuman deeds against the Maluku population. The Sub-Commission was recommended to send an impartial international investigation team to explore the grave situation in Maluku and to ensure that all the perpetrators, military or not, of human rights violations, crimes, war crimes, and crimes against humanity in the Moluccas were indicted. The right to life and true long-lasting peace could only be achieved if the fundamental obstacles to the observance of human rights were eradicated.

GABRIEL SENGO, of The Syriac Universal Alliance, said the exclusion and the marginalisation of the Indigenous Aramean people of Mesopotamia in Iraq was unacceptable. They had been excluded during the war campaign conducted by the US administration in Iraq. They had been excluded as though they did not exist, and were repeatedly identified with myths and legends invented by the Western Missionaries in the sixteenth and nineteenth century. These people had been discriminated against, excluded, violated, faced with ethnic cleansing, genocide and continuous persecution for hundreds of years up to the present day. It would have given evidence of respect towards the Aramaic people worldwide if the heirs of ancient history were included in the statements of the US administration as the original inhabitants of Aram-Naharaim. It was, however, not too late to include them in order to enable them to get back their dignity and human rights as the ancient people of Mesopotamia.

Diana Patricia SANCHEZ LARA, of American Association of Jurists, said facts on the ground, as well as the death of British nuclear expert David Kelly, showed that the main pretext used to attack Iraq had been a crude lie. Security Council resolution 1483 was therefore deplorable since it sought to justify and legitimise a colonial aggression. The Iraqi people were resisting the occupation and other countries had now been called in to assist the occupying forces. The only fit, proper and legitimate reaction of the international community was to ensure the withdrawal of the occupying forces, the restoration of Iraq’s natural resources, its oil, to the Iraqi people, and the compensation to Iraqi people for the destruction caused in this illegal war of aggression. The United Nations must then be involved to ensure the establishment of a transitional government consisting of all sectors of society. It was recommended that the Sub-Commission pass a resolution to this effect, and that the High Commissioner for Human Rights return to his position in Geneva, as opposed to legitimising the legalization of colonial aggression.

ALESSANDRA AULA, of Franciscans International, expressed concern for the deterioration of the situation of human rights in Togo following the Presidential elections of last June when General Eyadema, in power for the last 36 years, had been proclaimed winner after a voting process full of irregularities. One of the direct results of this electoral coup d’etat was the obvious level of tension in Togo which gave rise to concerns with regard to the continuing or maybe even worsening situation in the context of violations of human rights, notably of the defenders of those rights, journalists, and representatives of the Church. The Sub-Commission should ask the Special Representative on human rights defenders and the Special Rapporteur on the freedom of expression to make a declaration on the situation in Togo, and to put pressure on the Togolese Government to respect the International Covenant on Civil and Political Rights.

ANTONIO GONZALES, of International Indian Treaty Council, said there was critical concern for the increase of situations of violations of human rights and fundamental freedoms against indigenous peoples in many parts of the world. There was particular concern for matters that involved state-sanctioned or state-sponsored activities which continued to serve to terrorise and traumatise those peoples only because of their cultural identity, traditional way of life, and for living on and maintaining the traditional lands of their ancestors. Indigenous peoples were generally discriminated against and excluded from political levels that affected or benefited their lives and living conditions.

TABASSUM AMIN, of World Muslim Congress, said the people of Kashmir, for the past 56 years, had been living under harsh and cruel Indian occupation. The Indian response to their peaceful struggle for their right to self-determination had been military vengeance and denial of their fundamental human rights. Kashmiri men, women and children alike had been targets of gross human rights violations at the hands of Indian military and paramilitary forces. Since 1989, through a systematic and organized campaign, 86,057 Kashmiris had been killed, 104,153 houses or shops had been gutted or burnt, 104,119 children orphaned, 9,165 women molested and 21,463 women widowed. This campaign of terror unleashed by the Indian forces had disrupted normal civic life in the Indian occupied Kashmir. Rape and sexual violence, torture and arbitrary detentions and disappearances were employed as tools of vengeance and subjugation against the political struggle of the people. Arbitrary detention of the civilians and use of torture was a frequent practice faced by Kashmiri youth. The international community and the Sub-Commission must make a genuine effort to intervene and bring an end to this brutal oppression and repression of the Kashmiri people.

MICHAEL ANTHONY, of World Organization Against Torture, said the deleterious effect upon the human rights situations in countries where there had been a cessation or continuing absence of United Nations human rights monitoring had been noted with concern. An ending of such monitoring activities in countries where the human rights climates continued to be clouded by widespread abuses, acted as a signal to the repressive regimes that were in place that they had a free reign, a green light to continue or even intensify their violations of human rights and fundamental freedoms. In order to illustrate these concerns, OMCT brought to the attention of the Sub-Commission the grave situations in countries such as Sudan, the Islamic Republic of Iran, and the Indonesian Province of Aceh. Concerns with regard to the growing barriers that were being erected to hinder the freedom of communication were also raised, and it was noted that the legitimate and necessary fight against terrorism was increasingly being diverted from its primary objective and used by governments to establish or strengthen their hold on power at the expense of their commitments to human rights.

ALTAF HUSSAIN QADRI, of International Human Rights Association of American Minorities. said with the passage of time, States, groups and individuals had explored new tools and pretexts to inflict human rights abuses and walk away devoid of accountability. There appeared to be no effective mechanism for States engaged in the systematic grass root human rights abuses. There were various areas of dispute which were posed with the extreme threats of losing the young generation, thus bringing about the acute social problems to the civil society, notably in Kashmir, where the Indian State, which was entrusted with the responsibility of protecting its citizens, was working against its people. The Sub-Commission was urged to ask India to bring an end to its brutal machinations in the occupied state and to allow the international media and human rights organizations as well as NGOs free access to Indian-occupied Kashmir.

RUKSHAN FERNANDO, of Pax Romana, drew the attention of the Sub-Commission to the human rights situation in Bangladesh, Sri Lanka and Zimbabwe, focusing on the issues of cleansing religious minorities, torture, and media freedom in the respective countries. In Bangladesh, extensive oppression of the minority Hindus, Christians and Buddhists was the result of the coalition government coming to power. Violations of human rights were rampant and minority religious groups were under threat due to the criminals protected by the ruling party. The Government denied the atrocities and blamed journalists and human rights activists, who were also in danger. In Sri Lanka, in recent years, the Government seemed to be practicing a policy of justifying torture by its police officers – a direct failing of the Government to uphold its commitments to the International Covenant on Civil and Political Rights, as well as the Convention against Torture. The Sub-Commission was requested to ensure that the Government and all its bodies did all that was possible within their mandate to eradicate torture and especially to bring perpetrators to justice. Finally, Pax Romana called the attention of the Sub-Commission to the situation of the continuous and systematic violation of human rights in Zimbabwe, particularly the rights to freedom of the press and expression. The violations of human rights were committed by the Government against the civilian population, human rights defenders, non-governmental organizations, civil society, free expression activists and the private media. It was imperative that the Sub-Commission ensured that the Government repealed all unconstitutional laws and recognized and impartially enforced the rights and freedoms contained in Zimbabwe’s constitution.

MINA WATANABE , of Asia-Japan Women’s Resource Centre, stressed the necessity for guidelines concerning the remedy and reparation for victims of grave sexual violence in conflict situations. Recently, it had come to the fore that 650 Masai women in Kenya had been victims of repeated sexual violence, including gang rape, at the hands of British soldiers. This had been going on for 35 years, and the authorities of both countries had known about it, yet no effective measures had been taken to stop it, and until recently, the number of victims had continued to increase. Whenever one heard about new cases of sexual violence committed by military or other groups, it was striking how similar the crimes were, and how similar the suffering of the victims was. Women who had survived Japan’s military sexual slavery were still suffering. They suffered because the Japanese Government denied legal state responsibility for what it had done to them, and still refused to disclose official documents from that time since those responsible had never been punished; the Government approved only of history textbooks that did not mention the term “comfort women”; and condoned its high-ranking officials and cabinet members continuing to label these women as common prostitutes. The international community must give truth and justice to the Masai women who had survived systematic rape and gang rapes by the United Kingdom military. It was necessary to remedy the wrongs of the past, and give the survivors of sexual slavery of Japan’s military truth and justice, and make this a precedent for the future, showing that it was possible to restore the dignity to victims and justice to the world.

CHARLES GRAVES, of Interfaith International, focused on the situation of human rights in Iraq and Pakistan. In Iraq, the population was finally, in a painful way, rid of Saddam Hussein’s rule. But with the new coalition forces occupying the country, Iraq risked losing its ancient identity. Moreover, the coalition had been unreasonably slow to begin to solve the problems of water and electricity supply or to restore health gaps. The failure to provide these necessary basic services on the part of the occupying forces was in violation of the Geneva Conventions, as was the photographing of dead bodies of enemies killed in warfare. Thus, besides the necessary reconstruction of Iraq, an immense political responsibility lay upon the United Nations to bring Iraq into becoming a politically and socially viable country. It was hoped that the Sub-Commission would, in a resolution, express its opinion about these matters in post-war Iraq. Concerning Pakistan, Interfaith International raised the issue of the rivalry between the Shi’a and Sunni believers. The situation appeared to be an anomaly in the present-day world, yet religious beliefs still, apparently, held such an important role in Pakistan that people were willing to kill one another for them. The Pakistani government must be in the forefront of an international effort to try to resolve this variety of religious tension. The Sub-Commission must also make an effort to promote tolerance between the various movements within the Islamic world.

JULEN ARZUAGA, of International League for the Rights and Liberation of Peoples, said the Iraqi people, after more than a decade of suffering the consequences of several hardships -- first the sanctions, then the military attack by a group of super powers in order to eliminate the supposedly possessed weapons of mass destruction and to liberate the people from an ominous dictatorship -- needed help. The situation of the Iraqi people had not improved since the Saddam Hussein regime had ended. Since the beginning of the occupation, nothing had been done to rebuild the civilian infrastructure destroyed by the bombing; therefore the population lacked essential services. The Sub-Commission was called upon to adopt a resolution proposing the withdrawal of the occupation forces, and the sending of a truly neutral civilian mission of the United Nations, and an international commission, to help the reconstruction of Iraq until a legitimate Government of Iraq was in place.

PENNY PARKER, of Minnesota Advocates for Human Rights, said anyone who had been observing the Sub-Commission in the past years would have noticed the overall decline in the proceedings under item 2 since the Sub-Commission had been told it could no longer vote on country-specific resolutions. The decline was reflected in the number of Sub-Commission members participating in the debate. Changes should be made to the form of the debate in order to reverse this trend, and a study should be held to recommend possible reforms. An open dialogue on the issue was favoured.

MOHAMED ELYES BEN MARZOUK, of Young Doctors Without Frontiers Tunisia, said many States had ratified several conventions and treaties on human rights, both in the civil and political, as well as in the economic, social and cultural fields. Political plurality opened the door to a variety of opinions and the freedom of expression. However, the exercise of democracy and the freedom of expression only had a true and genuine meaning if they were developed in accordance with the rule of law. At a time of globalization, the international community must focus increased attention on its ethnical consequences on human conduct. In this connection, he suggested the creation of a code on such human conduct, a type of code of honour, which could protect people from discrimination. In order to combat terrorism, the rule of law also needed to be respected. The aim in the struggle must be to consolidate the rule of law, not to violate it. In Tunisia, there had been increased modernization of legislation which was expected to lead to strengthened and consolidated democracy and pluralism. Organizations of civil society needed to hold governments accountable to guarantee this development and to promote the spirit of pluralism and solidarity between people.

TAHIR NASEEM MANHAS, of Afro-Asian People’s Solidarity Organization, said human rights situations and perceptions thereof did not remain frozen in time, but evolved in keeping with other broad social, economic, political or technological changes sweeping the world, and there was therefore a need for fresh thinking. It stood to reason that one of the strategic challenges facing the human rights community was to hold countries such as Pakistan accountable for deliberate acts which constituted a consistent pattern of gross violation of human rights. It was hoped that the Sub-Commission and other institutions charged with the protection and promotion of human rights would rise to the challenge.

AMARJIT S. NARENG, of International Institute for Peace, said so far the general perception had been that the State was the biggest violator of human rights, but what had emerged in recent years was that non-state actors were also serious violators of human rights, and, unfortunately, in some cases, were receiving governmental support. An example of this was the rise of fundamentalist forces in a number of countries, using armed and terrorist activities, in many cases of which these forces were used and abetted by States in order to achieve their own agendas or to keep the pot of conflict boiling, and in the process violating the human rights of innocent people. Growing national and international terrorism had become a major challenge to democracy and human rights around the world, and an example of this was the situation in Kashmir, where sincere efforts for peace were being scuttled by such forces, which were supported by vested interests and powers in Pakistan.



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* Joint statement on behalf of: Women's International League for Peace and Freedom; World Movement of Mothers; Union of Arab Jurists; International Association of Democratic Lawyers; World Information Transfer; and International Educational Development, Inc..