Subcommission adopts resolutions on women in Afghanistan, harmful traditional health practices, other topics

AFTERNOON


HR/SC/99/29
25 August 1999



The Subcommission on the Promotion and Protection of Human Rights adopted by consensus this afternoon 10 resolutions and decisions focussing, among other things, on traditional practices harmful to the health of women and girls; and on the situation of women and girls in Afghanistan.

Other measures dealt with the globalization and its impact on human rights; the right to clean drinking water; establishment within the Subcommission of a “Social Forum”; the right to development; women and the right to development; the right to food; the rights of non-citizens; and human-rights education.

The only resolution that specifically mentioned a country -- Afghanistan -- was adopted by consensus and was even supported by a delegate from Afghanistan.

The delegate said that since the coming to power in the country of the Taliban regime, the situation of women's rights had become grave, both for the country and the world. The adoption of the resolution, he said, was a message addressed to those who upheld the Taliban and showed them clearly that international civil society could not stand for such maltreatment of women and condemned it with the greatest firmness.

The measure on globalization and its effects on human rights recommended appointment of Subcommission Expert Joseph Oloka-Onyango and Alternate Expert Deepika Udagama as Special Rapporteurs to carry out a study of the topic.

On a resolution on the rights of non-citizens, the Subcommission recommended that the rights of such people be addressed during the upcoming World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance. It also called for the appointment of a Special Rapporteur to prepare a comprehensive study on the rights of non-citizens based on a working paper prepared by David Weissbrodt, a Subcommission Expert.

The measure on traditional practices affecting the health of women and girls recommended, among other things, that three regional seminars should be held in Africa, Asia and Europe to review progress achieved since 1985, and to devise ways and means of overcoming obstacles to the implementation of the Plan of Action for the Elimination of Harmful Traditional Practices.

The resolution on women and the right to development urged all Governments to fully comply with all international and regional obligations and commitments related to women's economic rights. It also asked Governments to repeal laws and policies that were discriminatory, especially pertaining to land, property and housing.

The Subcommission will reconvene Thursday, 26 August at 10 a.m., to continue action on draft resolutions.

Action on resolutions and decisions

In an amended resolution (E/CN.4/Sub.2/1999/L.4) on the rights of non-citizens, adopted without a vote, the Subcommission recommended that the rights of non-citizens be explicitly addressed during the upcoming World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance; took note of the working paper submitted by David Weissbrodt and endorsed the conclusions contained therein, including with regard to the importance of undertaking an updated study on the rights of non-citizens; recommended that the Commission on Human Rights adopt the following: that the Commission on Human Rights recommend to the Economic and Social Council that it authorize the Subcommission to appoint one of its members as Special Rapporteur with the task of preparing a comprehensive study of the rights of non-citizens based on the working paper prepared by David Weissbrodt as well as the comments and discussions that took place at the fifty-first session of the Commission , with a preliminary report to be submitted at the Subcommissions fifty-third session; and that the Council request the Secretary-General to provide the Special Rapporteur with all the assistance necessary to enable him/her to accomplish this task.

In a measure (E/CN.4/Sub.2/1999/L.8) on the promotion of the realization of the right to drinking water supply and sanitation services, adopted without a vote, the Subcommission decided to request El-Hadji Guisse to supplement his working paper, without financial implications, and to submit it to the Subcommission at its 52nd session.

In a resolution (E/CN.4/Sub.2/1999/L.9) on globalization and its impact on the full enjoyment of all human rights, adopted without a vote, the Subcommission decided, in response to a request from the Commission on Human Rights, and since this subject required careful and comprehensive inquiry, to nominate Expert Oloka-Onyango and Alternate Expert Udagama as Special Rapporteurs with the task of preparing a study on the issue of globalization and its impact on the full enjoyment of all human rights, and requested the Special Rapporteurs to submit a preliminary report to the Subcommission at its 52nd session; and recommended a draft decision to that effect to the Commission on Human Rights.

HALIMA EMBAREK WARZAZI, Subcommission Expert, said she had not been consulted as to the changes in the text. The decision to nominate Mr. Oloka-Onyango and Ms. Udagama as Special Rapporteurs on the issue of globalization and its impact on all humanity was due to a proposal made by the Commission on Human Rights, and there should be a referral to this within the text. The Commission should recall its own resolution to base itself on the decision it had made to cover this topic, just to show the Commission that its proposal had been followed.

In a resolution (E/CN.4/Sub.2/1999/L.13) on housing and property restitution in the context of the return of refugees and internally displaced persons, adopted without a vote, the Subcommission decided to continue its consideration of this question at its 52nd session and to recommend a draft decision to the Commission on Human Rights for adoption that read: "The Commission on Human Rights, noting Subcommission on Prevention of Discrimination and Protection of Minorities resolution 1998/26 of 26 August 1998 on housing and property restitution in the context of the return of refugees and internally displaced persons, Subcommission on the Promotion and Protection of a Human Rights decision of August 1999, and Commission resolution 199947 of 27 April 1999 in which the Commission encouraged the Subcommission to continue its work on this matter, requested the Secretary-General to transmit Subcommission resolution 1998/26 of 26 August 1998 to States, the Representative of the Secretary-General on Internally Displaced Persons, inter-governmental organizations, the United Nations High Commissioner for Refugees and non-governmental organizations for their comments”.

EL-HADJI GUISSE, Subcommission Expert, said the resolution was a closed one, and did not refer to national law on the subject. The resolution was too hermetic.

DAVID WEISSBRODT, Subcommission Expert, said that this was an issue that needed to be handled by domestic law. But the resolution did refer to domestic law.

In a resolution (E/CN.4/Sub.2/1999/L.14) on follow-up to resolution 1996/22 and decision 1998/105 on the right to development, adopted without a vote, the Subcommission urged all States members of the United Nations to strengthen international cooperation for promoting the realization of the right to development as emphasized by the General Assembly in the Declaration on the Right to Development, as reaffirmed by the World Conference on Human Rights; and requested the Secretary-General to once again invite all relevant United Nations bodies and agencies to step up their action aimed at promoting international cooperation for the realization of the right to development in the context of the United Nations Decade for the Elimination of Poverty (1997-2006) and to provide him with information thereon, and to transmit annually to the Subcommission the information received.

In a consensus resolution (E/CN.4/Sub.2/1999/L.20) on a Social Forum, the Subcommission decided to hold a Social Forum for three days during the 52nd session of the Subcommission; requested the Office of the United Nations High Commissioner for Human Rights to assemble a report including recent documents and studies on economic, social and cultural rights; requested the High Commissioner to send invitations to all the possible participants in the Social Forum, publish the purpose of this meeting, send to possible participants an agenda and other information necessary for the holding of this inaugural session; and proposed that the first meeting attach particular importance to the discussion of extreme poverty and human rights, and asked the Secretariat to prepare item 3 of the agenda in advance, asking possible participants to make statements based on their experience, as well as constructive studies on the subject.

JOSE BENGOA, Subcommission Expert, said the topic under discussion, the Social Forum, had been under discussion for a long time, and the idea had become more and more important. The Social Forum would bring to an end any discussion of economic and social matters in the Subcommission. It also implied that item 4 on the agenda would remain there. The Working Group on Transnational Corporations would continue its work for this year, and would submit its results to the Forum to encourage large-scale discussion. The Forum would follow on to all resolutions discussed in the field up until now. The idea was to create an appropriate space in the Subcommission for discussing this topic every year. The first session of the Forum could deal with the issue of extreme poverty and human rights.

ASBJORN EIDE, Subcommission Expert, said the purpose of the proposed Social Forum was to have a framework under which to discuss economic and social rights. This would be a significant way to meet some of the concerns of the Commission that the Subcommission better structure its work and give more attention to economic and social concerns.

EL-HADJI GUISSE, Subcommission Expert, said each time human rights were at the front of stage, things had happened to drown them out and to erase reality. This had begun when the right to development had begun to be discussed. A Social Forum could mean that economic and social rights were diluted, since a lot of people would come in and might slow work down. Economic rights should not be diluted. The Social Forum had appeared when everything was going well. He had significant doubts as to the resolution, but would not oppose it.

FAN GUOXIANG, Subcommission Expert, said that as one of the co-sponsors of this resolution, he thought social and economic rights were important and should be discussed more in the Subcommission. In the past, some work was done in this area and positive results came about as a result. The Social Forum could not replace the discussions Experts had in the Subcommission; what was needed was a more detailed discussion of economic and cultural rights, not abstract discussions. Economic, social and cultural rights could not all be put into the Social Forum.

While the concept of the social forum was admirable, it should start from concrete issues. Discussions in the Subcommission should not be replaced by discussions in the Social Forum.

HALIMA EMBAREK WARZAZI, Subcommission Expert, said she had studied the matter with attention, and had calculated that there was a problem. The Subcommission had spent two meetings on the discussion of economic and social rights. A choice should be made, that either the High Commissioner's Office should include two more sessions for the covering of the topic, in which two extra days should be added to the time of the Subcommission, of, if this were not possible, Experts should contribute two days for free, so as to find solutions for extreme poverty.

JOSE BENGOA, Subcommission Expert, said it would be necessary to experiment with this idea. With respect to Mr. Guisse's doubts, at the beginning the forum had been called the Forum on Economic, Cultural and Social Rights. Then the name came to be the Social Forum. The name could be changed back again.

Regarding Mrs. Warzazi's comments, the best thing was that for the two or three days the Forum would take, it should be covered within the agenda of the Subcommission.

ASBJORN EIDE, Subcommission Expert, said renaming the forum would make its mandate clearer. Forum on Economic and Social Rights was a better title, and there was a need to become more specific and concrete upon these issues. The question was how the agenda would be structured and the forum structured, and whether it would be during the four-week Subcommission session. The cost was more than just the Experts’ per diem, it was mostly for Conference services. The session should last three days, and should be more specific, thus avoiding dilution and generalities. Participation should include NGOs and international organizations such as WHO. The international trade unions should also be included so as to improve the discussion. The discussion should be prepared well in advance.

In a consensus measure (E/CN.4/Sub.2/1999/L.21) on the realization of the right to education, including education in human rights, the Subcommission took note of the working paper submitted by Expert Mustapha Mehedi; and decided to continue its consideration of this question and to request Mr. Mehedi to prepare, without financial obligations, a final paper and submit it to the Subcommission at its 52nd session.

LOUIS JOINET, Subcommission Expert, said that, as the author of the resolution, he thought the working paper was more than a working paper because it already contained an in-depth study. The working paper was much more than intended.

MUSTAPHA MEHEDI, Subcommission Expert, said that when the first draft was asked for, the idea was to clear the ground for the context of the right to education. The second stage was to develop the practical aspects. The third stage was to be devoted to human-rights education, which was the instrument of all human rights because through it all human rights could be implemented. He hoped the subject would come up in the next Subcommission agenda and could also be discussed in the upcoming forum.

The Subcommission postponed until Thursday, 26 August, action on a draft resolution (E/CN.4/Sub.2/1999/L.22) on trade liberalization, under which, if passed, the Subcommission, among other things, would request all Governments and economic policy forums to refrain from perpetuating the current disassociation between international economic policy formulation and international human rights law and policy, and to take international human rights obligations and principles fully into account in international economic policy formulation; and would declare that sanctions and negative conditionality were not appropriate ways of promoting the integration of human rights in international economic policy and practice, but rather that human rights obligations and principles must be fully addressed in the process of international economic policy formulation.

JOSEPH OLOKA-ONYANGO, Subcommission Expert, said the draft resolution was concerned with underlining the connection between human rights and trade liberalization, and the events that had taken place in the areas of trade liberalization and the enjoyment of human rights. The intention of the draft resolution was to underline the need for any future discussions to ensure that the discussion of human rights was part and parcel of the discussion.

MARC BOSSUYT, Subcommission Expert, said he had reservations about the resolution, particularly about preambular paragraphs eight and ten. There were also reservations about other operative paragraphs concerning the timing of the suggested studies. The resolution did not seem very realistic.

EL-HADJI GUISSE, Subcommission Expert, said the Subcommission was often taxed with concerning itself with questions that did not belong to its sphere of competence. This resolution reinforced that erroneous impression. International trade was regulated by a United Nations body. The WTO was being asked to undertake comprehensive and detailed studies on the impacts of liberalization policies and rules. There was a redundancy, since the Subcommission was also dealing with the issue. The sponsors should contemplate the contents and think about the possibility of trespass on the ground of another UN body that was already working on the subject. This was against UN rules. There was a need to be practical and to avoid subjects not within the mandate of the Subcommission.

FRANCOISE JANE HAMPSON, Subcommission Expert, said the draft resolution was important because the world of finance was a missing element which was not expressly covered by globalization and economic rights. Players who might be morally neutral did not attach significant importance to the connection between the economics and finance of trade and human-rights issues. This subject needed to be addressed in a resolution.

ASBJORN EIDE, Subcommission Expert, said trade had a strong impact on human rights -- sometimes it was negative and at other times it was positive. But many members of the Subcommission might not be well versed in the issues; the resolution could be postponed for a while.

In a resolution (E/CN.4/Sub.2/1999/L.25) on the right to adequate food and to be free from hunger, adopted without a vote, the Subcommission endorsed in particular the recommendation to the High Commissioner for Human Rights to ensure, through various measures, a continued follow-up of the evolving process to identify the steps needed to implement the right of all to adequate food and to be free from hunger, drawing up a coherent United Nations strategy for this purpose which could also serve as a model for how to approach economic, social and cultural rights more generally; also endorsed the recommendation to States to elaborate national strategies for the realization for everyone within their territory of the rights to adequate food and to be free from hunger, including the elaboration of framework legislation as proposed in general comment No. 12 of the Committee on Economic, Social and Cultural Rights; endorsed specifically the recommendation that the High Commissioner should organize a third Expert Cons
ultation, following those held in 1997 and 1998, this time with a focus on implementation mechanisms at the country level, inviting government experts to bring experiences from their countries as a contribution to the operationalization at the national level of the right to food, including the drawing up of a framework law; also endorsed the recommendations that the High Commissioner organize a consultation involving representatives of the treaty bodies and relevant agencies and humanitarian organizations, and the international financial and trade institutions, to enhance dialogue and encourage consultations on a regular basis and to prevent activities which would cause a further deterioration in the enjoyment of the right to adequate food, taking into account general comment No. 10 and the working paper by Mr. Joseph Oloka-Onyango and Ms. Deepika Udagama on human rights as the primary objective of international trade investment and finance policy and practice; requested the Commission on Human Rights to endorse the conclusions and recommendations contained in the updated study; expressed the wish for the updated study to be published by the United Nations in all the official languages and widely distributed; and recommended a draft decision to that effect to the Commission in Human Rights for adoption.

In a resolution (E/CN.4/Sub.2/1999/L.23) on traditional practices affecting the health of women and the girl child, adopted by consensus, the Subcommission appealed to all States concerned to intensify efforts to develop awareness of, and mobilize national public opinion concerning, the harmful effects of female genital mutilation, in particular through education, information and training, in order to achieve its total elimination; requested all non-governmental organizations dealing with women's issues to devote part of their activities to the study of the various harmful traditional practices and way and means of eradicating them, and to inform the Special Rapporteur of any situation which merited the attention of the international community; appealed to the international community to provide material, technical and financial support to the non-governmental organizations and groups working with dedication to achieve the total elimination of this cultural practice which was harmful to girl children and women; called upon all Governments to give their full attention to the implementation of the Plan of Action and requested the Secretary-General to invite them to submit to the Subcommission regular information on the situation regarding harmful traditional practices in their country; considered that one of the most effective means of developing the awareness of the Governments concerned regarding the problems of harmful traditional practices and appropriate solutions would be to organize regional seminars on the question; proposed that three seminars should be held in Africa, Asia and Europe in order to review progress achieved since 1985, and ways and means of overcoming the obstacles encountered in the implementation of the Plan of Action for the Elimination of Harmful Traditional Practices; and decided to continue consideration of the question at its 52nd session, under the same agenda item.

In a resolution (E/CN.4/Sub.2/1999/L.24) on the situation of women and girls in Afghanistan, the Subcommission condemned all forms of discrimination and violation of the most fundamental rights of women and girls who were deprived of the enjoyment of civil and political rights and the rights to health, employment, freedom of movement and security; noted, in particular, with concern that the access of girls to education was, according to the Office of the High Commissioner for Refugees, forbidden in most regions of the country and that 2 millions girls had never been to school; noted in this connection that this situation was totally at variance with the precepts of Islam, which imposed on Muslims the duty to acquire an education, as a number of ulemas had confirmed to the Special Rapporteur on the situation of human rights in Afghanistan; considered it essential that the international community should follow very closely the situation of women and girls in Afghanistan and bring maximum pressure to bear so that all restrictions imposed on women, which constituted flagrant and systematic violations of all the internationally recognized economic, social, cultural, civil and political rights, were removed; supported the United Nations activities aimed at promoting the fundamental rights of women and girls in Afghanistan, and also efforts to find the possibilities of constructive engagement at the community level in the context of community projects; considered that it was the duty of the armed groups in Afghanistan to respect the fundamental rights of the individual, and particularly those of women, in conformity with international law and humanitarian law; expressed the wish that the Special Rapporteur on violence against women would be able to travel to Afghanistan; again called upon Muslim religious leaders and scholars to give special attention to the extremely difficult and unprecedented situation of women in Afghanistan, and to use their authority and their knowledge with a view to bringing the policies and practices of the Taliban into line with the true spirit of Islam and the principles of human rights and fundamental freedoms; considered that any diplomatic recognition and any financial agreement with the Taliban regime would reinforce the discriminatory treatment which the latter was reserving for women, whereas it must be induced to end such treatment; requested the Secretary-General to continue to make available all information that could be compiled on this question; and decided to continue consideration of this question at its 52nd session under the same agenda item.

HUMAYUN TANDAR (Afghanistan) said this resolution was gratefully received. Women and men should enjoy the same rights, according to the Islamic State of Afghanistan. Without the full participation of women, nations were condemned to live in ignorance, misery and underdevelopment. Since the appearance of the Taliban, the situation of women's rights in Afghanistan had become a matter of grave concern for Afghanistan and the world. The religion of the Taliban was foreign to the practice of Afghanistan, and the roots of the Taliban lay in Pakistan. Its practices were so foreign to Afghanistan that they could only be imposed by force. The adoption of the resolution was a message addressed to those who upheld the Taliban and showed them clearly that human conscience, international civil society, peoples, States and international organizations could not stand these actions, and condemned them with the greatest firmness. The reconquest of human rights for women and girls in Afghanistan needed the help of the international community.

LOUIS JOINET, Subcommission Expert, said that in relation to the study on terrorism by Madame Koufa, as Afghanistan was a party to human-rights conventions, it was responsible for human-rights violations on its territory. But here was a State which was welcoming a resolution under which the State would have to be condemned. This was an example of the difficulty of approaching the subject of terrorism. He supported the resolution.

GUOXIANG FAN, Subcommission Expert, said the comment of Mr. Joinet that only Governments were responsible for human-rights violations should be debated fully, since this idea was incorrect.

In a consensus resolution (E/CN.4/Sub.2/1999/L.27) on women and the right to development, the Subcommission strongly urged Governments to comply fully with all their international and regional obligations and commitments concerning women's economic rights, including the rights to land, property, inheritance, loans and credit, adequate housing, including security of tenure, and an adequate standard of living; called upon Governments to take all necessary measures in order to amend and/or repeal laws and policies which inhibited women's economic rights and their right to development, especially those discriminatory laws pertaining to land, property and housing which denied women security of tenure and equal access and rights to land, property and housing, and loans and to encourage the transformation of customs and traditions which denied women their right to development; recommended that Governments, international financial institutions, local lending agents, housing finance institutions and other credit facilities review their policies and eliminate those which discriminated against women and kept women from securing financial resources necessary to access and secure land, property and housing and, in this regard, that special consideration be given to single women and households headed by women; called upon the international trade, investment and financial institutions, in particular the World Bank, the International Monetary Fund, the World Trade Organization and the Organization for Economic Cooperation and Development, to take fully into account the human rights implications for women of their policies; invited the United Nations High Commissioner for Human Rights, in pursuance of her mandate and in coordination with the appropriate United Nations bodies, to undertake initiatives that promoted women's economic rights and right to development; invited the Committee on the Elimination of Discrimination against Women to pay special attention to women's economic rights, including but not limited to the rights to land, property and an adequate standard of living, including adequate housing, when examining States parties' reports, and to explore the possibility of adopting a general recommendation on this theme as it related to the provisions of article 14 of the Convention on the Elimination of All Forms of Discrimination against Women, with a view to clarifying the obligations of States parties to the Convention in this respect; and invited the Secretary-General to continue to provide all available information on women and the right to development.

HALIMA EMBAREK WARZAZI, Subcommission Expert, said the preamble to the resolution deserved a small comment as a way of encouragement. In Kuwait, it was hoped that women would be able to vote in Parliamentary elections in 2003. She hoped Kuwait would confirm this initiative and hoped this sort of progress would spread to the whole region and that it would be possible for women to run for election there some day soon.

The Subcommission postponed until Thursday, 26 August, action on a draft resolution (E/CN.4/Sub.2/1999/L.28) on systematic rape, sexual slavery and slavery-like practices, under which, if passed, the Subcommission would, among other things, endorse the accepted view that regardless of whether sexual violence in armed conflict occurred on an apparently sporadic basis or as part of a comprehensive plan to attack and terrorise a targeted population, all acts of sexual violence, in particular during armed conflicts and including all acts of rape and sexual slavery, should be condemned and prosecuted; and would reiterate that the existing international legal frameworks of humanitarian law, human rights law and criminal law clearly prohibited and criminalized sexual violence and sexual slavery in all cases.

HALIMA EMBAREK WARZAZI, Subcommission Expert, said she was not entirely in agreement with the resolution. Paragraph 16 should be re-worked, stating the study should be broadly dissmenated. The Special Rapporteur was asked to add additional information along with the report should she deem it appropriate for the purposes of dissemination, and this was a concern.

Operative paragraph four reaffirmed the conclusion at Nuremberg, speaking of granting of compensation. But at the time of Nuremburg, many countries were under the colonial yoke; the Tribunal then had been set up by the States that had won World War II. In Africa there were thousands of innocent people who had been massacred; there was no provision for compensation for these people. Taking this into consideration, the Tribunal at Nuremburg was not credible and she was against the reference.

She also had problems with paragraphs 13 and 15.

FRANCOISE JANE HAMPSON, Subcommission Expert, said the point of paragraph 4 was that it provided one of the sources of information on the legal status of the 1907 Fourth Hague Convention, which was customary international law. It followed from that that the bits of paragraph 4 in inverted commas had the status of customary international law. Paragraph 13 maintained that States were bound by treaties and obligations, and could not be released from them, and the contents of the paragraph reflected Ms. Warzazi's comments, but from the opposite view. Therefore, there should be no problem with the text.

MIGUEL ALFONSO MARTINEZ, Subcommission Expert, said he had several reservations about the contents of the draft. There should have been adequate discussions beforehand in order to clarify concerns. One example was that the resolution said that States were being called on to take note of all acts of sexual conduct in armed conflict. The paragraph was vague. Other parts of the resolution also needed clarification.

FISSEHA YIMER, Subcommission Expert, said operative paragraph 18 was problematic. He wished to know the meaning of "cannot", and on what legal basis was the assertion based. If it was a general legal principle, then why was it formulated thus? There were also problems with the term "affirms", since the Subcommission might not have the legal competence to affirm what was affirmed in the text, and the legal basis for the affirmation was equally problematic.

GAY MAC DOUGALL, Subcommission Alternate Expert, said that, as for paragraph 4, Ms. Hampson had already responded to the concerns. Regarding paragraph 8, the point was taken. Definitions and elements of crimes were now being looked at. It would be useful to be engaged in a dialogue with the preparatory commission for the International Criminal Court. Regarding paragraph 13, international law could not be extinguished by national law or treaties; this example came up in response to the peace accord for Sierra Leone. On paragraph 14, which called on the High Commissioner to monitor the situation, the Deputy High Commissioner was consulted and he felt it would be possible to report back to the Subcommission. Concerning paragraph 16, this was not an attempt to extend the mandate or distribute additional information; the relevant phrase could be struck, if required.