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SUBCOMMISSION BEGINS REVIEW OF CONTEMPORARY FORMS OF SLAVERY
14 August 1998
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MORNING
HR/SC/98/16
14 August 1998
The Subcommission on Prevention of Discrimination and Protection of Minorities began its consideration this morning of contemporary forms of slavery, hearing the presentation of a report on systematic rape and sexual slavery during armed conflicts and registering comments by several of its members that all those responsible for such crimes should be prosecuted -- not only direct perpetrators, but also those who created climates or policies that allowed the abuses to occur.
The report was introduced by its author, Subcommission alternate expert Gay McDougall, who said, among other things, that the Japanese Government was obligated to prosecute and punish all those still alive who had run or administered wartime "comfort stations" for Japanese troops during World War II. The stations were staffed with over 200,000 women, many of them Korean, who had been forced into sexual slavery. Ms. McDougall said Japan must accept legal responsibility for human-rights violations suffered by the "comfort women". Japan's official apologies and establishment of an Asian Women's Fund were not enough.
Also presented was the report of the Subcommission's Working Group on contemporary forms of slavery, whose Chairperson, Halima Embarek Warzazi, remarked that official corruption and widespread use of the Internet for trafficking and sale of children were major obstacles to combatting slavery.
Earlier in the morning debate was concluded on "the implementation of human rights with regard to women" and the agenda item on indigenous peoples was opened briefly to allow introduction of the report of the Subcommission's Working Group on indigenous populations.
Subcommission experts or alternates Erica-Irene A. Daes, Yozo Yokota, Asbjorn Eide, Vladimir Kartashkin, Fisseha Yimer, and Y.K.Y. Sik Yuen spoke.
Observers for Sudan, Iraq, Mexico, and Iran made formal statements.
Non-governmental organizations addressing the meeting were International Confederation of Free Trade Unions; African Commission of Education for Development; Indian Council of Education; Christian Solidarity International; International Association of Democratic Lawyers; and International Movement Against All Forms of Discrimination and Racism.
The Subcommission will reconvene at 3 p.m. to continue its consideration of contemporary forms of slavery.
Documentation
Contemporary Forms of Slavery
Under its agenda item 6, the Subcommission has before it a report of the Secretary-General on the implementation of the Programme of Action for the Elimination of the Exploitation of Child Labour, submitted pursuant to Subcommission resolution 1997/22 (E/CN.4/Sub.2/1998/12). The report contains replies received from three Governments on the steps they had taken to implement the Programme of Action.
Brunei Darussalam states that the measures taken to stop exploitation of child labour are contained in Chapter XI of the Labour Act. Thailand says that a number of measures have been taken, including a new Labour Law that increases the minimum age for employment from 13 to 15 years of age, and a public education campaign. Mexico says that measures for protection and surveillance are in force in the labour sphere, and the Government has taken action to curb the sale of children, child prostitution and child pornography.
Under this item, the Subcommission has before it a report of the Working Group on contemporary forms of slavery (E/CN.4/Sub.2/1998/14), whose Chairperson-Rapporteur is Halima Embarek Warzazi.
The report says Working Group, held from 18 to 28 May 1998, reviewed and examined: the implementation of and follow up to the Conventions on Slavery; developments in the field of contemporary forms of slavery; measures to prevent and repress all contemporary forms of slavery; and the United Nations Voluntary Trust Fund on Contemporary Forms of Slavery. In conclusion, the report states among other things that slavery in its various forms is a crime against humanity, and a State that acquiesces to such practices, irrespective of whether it has acceded to the conventions on slavery or any other relevant consideration, was violating human rights.
In its recommendations, among other points, the Working Group encouraged the General Assembly to consider proclaiming the 2 December as the day for the abolition of slavery in all its forms; asked that the United Nations Secretary-General invite States which had not ratified the Conventions Against Slavery to do so; encouraged States to enact and revise national laws to ensure adequate protection and assistance to victims and survivors of trafficking and develop and enforce laws and law enforcement strategies that penalized those who exploited them; encouraged States to cooperate bilaterally and multilaterally to monitor and regulate trans-border trafficking of women and girls; urged States to examine and analyse the causes and consequences of corruption and to take steps to eradicate the root causes; recommended that Governments undertake further investigation of the misuse of the Internet for the sexual exploitation of women and children; and urged States to enact specific legislation to define the offense
of debt bondage and provide for the punishment of those responsible. The report also contains the provisional agenda for the 24th session of the Working Group.
Under this item, the Subcommission has before it a report on the contemporary forms of slavery: systematic rape, sexual slavery and slavery-like practices during armed conflict (E/CN.4/Sub.2/1998/13), prepared by Special Rapporteur Gay McDougall. The report defines sexual violence, and slavery; it then examines: the legal framework for prosecuting sexual slavery and sexual violence, including rape, under international law; holding individuals responsible; obligations to search for and prosecute war criminals; the right to an effective remedy and the duty to compensate; and prosecutions at the national level.
The report notes that ending the cycle of impunity which exists for acts of sexual violence and sexual slavery during armed conflict requires political will and concerted action by the whole international community. Among others, the report specifically recommends that States enact special legislation incorporating international criminal law into their municipal legal systems; that legal systems be capable of adjudicating international crimes and administering justice without gender bias; that victims be protected from intimidation; and that the Office of the High Commissioner for Human Rights take the lead in documenting sexual violence in conflict situations. The report concludes among other things that it was the lack of political will that poses the greatest obstacle to the effective prosecution and redress of sexual slavery and sexual violence during armed conflicts; that individual perpetrators of crimes against humanity, genocide, torture and war crimes have to be held responsible for their crimes at the international or national level; and that without the full equality and participation of women, any steps taken to prevent systematic rape or sexual slavery during armed conflict will ultimately fail.
Human Rights of Indigenous Peoples
Under its agenda item 7, the Subcommission has before it the report of the Chairperson-Rapporteur of the Working Group on indigenous populations (E/CN.4/Sub.2/1998/16), Erica-Irene Daes. The report reviews the developments pertaining to the promotion and protection of human rights and fundamental freedoms of indigenous people; examines among other things standard-setting activities, and the evolution of standards concerning the rights of indigenous peoples; indigenous peoples and their relationship to land; considers the establishment of a permanent forum for indigenous peoples; and analyses the resources available to the Office of the High Commissioner on Human Rights to carry out the work related to indigenous peoples.
The report in its conclusions and recommendations considers among other things the discussions on the theme 'indigenous peoples: education and language' as particularly helpful for its understanding of indigenous issues; it reaffirms its view that the agenda item on standard setting also constituted a fundamental part of its mandate; it encouraged participants to provide views on the proposed permanent forum for indigenous peoples to the Office of the High Commissioner; and requested that Subcommission expert Miguel Alfonso Martinez submit to its 18th session a working paper on the issue of guidelines for private sector energy and mining concerns.
There also was a progress report on the working paper prepared by Erica-Irene A. Daes on indigenous people and their relationship to land (E/CN.4/Sub.2/1998/15), which notes that few States have responded with comments or other recommendations on the subject, perhaps because of lack of time, but as a preliminary analysis, the issues of concern to States appeared to be how to reconcile indigenous land rights and claims with the need for certainty and security in land titles; how ruinous financial liability for past actions in derogation of indigenous land rights might be avoided and yet still allow reconciliation of difficulties; how an efficient and fair claim process could be set up; how nation States could maintain their functionality and stability while surrendering indigenous land or territory; and how indigenous claims could be reconciled with national needs for resource development, defence, and other fundamental functions.
Statements
M.T. BELEMI, of International Confederation of Free Trade Unions, said globalization was having negative effects on the health and well-being of working women; there was psychological violence, discrimination, abuse, sexual harassment, and deterioration of working conditions. The flexibility of new working arrangements caused by global financial capital and deregulation of the labour market had created a peripheral working force mostly of women, who did part-time, precarious employment; it was temporary work, very often extremely difficult, often performed at home, often illegal. Export-processing zones had mushroomed; their attraction for transnationals was enormous -- in Panama, almost 95 per cent of the workers in them were women, and according to numerous reports, women who worked there were subject to discrimination, human-rights violations, sexual violence, and pregnancy tests. Employment of under-age girls around the world could be stopped, meanwhile, by strict enforcement of suitable legislation, major steps to eradicate poverty, and other measures.
GIRMA GHENNET, of African Association of Education for Development said that the history of the human race was dominated by males; and the world was a world of massacres, wars and self-destruction. Therefore, why would women seek to be equal to men. In the interest of human rights, it was necessary to explore female qualities, and when seeking to empower women, they should not be pushed to imitate men, women were better placed to seek a new way of being successful without crashing and stepping on others. With regard to rape and the military, it should be considered on a wider level as it was the expression of male performance par excellence. There had to be a campaign against rape, in the army and beyond - because of AIDS now was possibly the best time to do this. The courage of Algerian women was laudable. Subcommission expert Halima Embarek Warzazi needed much support, and when renewing her mandate, the Subcommission should recommend that the issue be treated within the Office of the High Commissioner for Human Rights so that she could have wider means and services.
GASIM IDRIS (Sudan) said women enjoyed full political and civil rights in the Sudan; the Constitution protected their rights; but progress remained to be made; the first challenge was to fight the higher level of illiteracy among women, which reached 44 per cent, as compared to 25 per cent for men; since 1977, an education policy to promote women's schooling had emerged. In the senior civil service, women still held fewer jobs than males, at a proportion of 1 to 5; there were plans to redress the imbalance. Vaccination centres and health programmes had been set up to provide services for mothers and pregnant women, resulting in a decline in maternal deaths; and a comprehensive strategy had been established to fight against harmful customs and traditions, particularly female genital mutilation, which unfortunately was practised in some African and Arab countries of Africa. The goal had been set of eradicating such practices by year 2000. Sudan understood the Special Rapporteur's concern at scarcity of reports on the topic from countries, including Sudan, but promised to be more forthcoming in the future.
MOHAMMED HUSSEIN (Iraq) said Muslim women under the Sharia had gained all their rights. The Sharia stated that there was equality between men and women; social rights such as the right to divorce and education were guaranteed for women, and they had the right to work and own property. Women constituted 50.3 per cent of the population of Iraq, and it was in the interest of Iraqi development to include them and let them participate. Iraqi legislation had a provision that banned discrimination against women, and the Constitution made men and women equal before the law. Iraq had adhered to the International Convention on the Elimination of All Forms of Racial Discrimination and was proud of its efforts to enhance human rights. For eight years, all sectors of Iraqi society had faced difficulties as a result of the blockade: 1.5 million children had died as a result of malnutrition. Iraqi women were affected by increased rates of breast cancer as a result of substances used in 1991. The Government of Iraq appreciated the efforts of the Subcommission to cast light on the humanitarian situation in Iraq, and hoped that the Subcommission would continue its efforts to end the blockade - this was the only way to ensure that the 20 million Iraqi citizens would be able to enjoy their human rights.
ALICIA ELENA PEREZ-DUARTE (Mexico) said the Government was encouraging active participation of women in efforts to battle poverty and raise the standard of living. It was true that there were important differences and inequalities with regard to the number and availability of opportunities to women in work and education. Government authorities were now convinced that marginalization and poverty of women must be approached differently; women were more vulnerable, especially in times of social tension; steps had been taken, including the inclusion of women from vulnerable groups in planning for programmes; there were efforts increase rates of ownership of land for rural and indigenous women. There had been charges of aggression against the health and security of Mexican women; the Government rejected and condemned such actions wherever they occurred and whether committed by agents of the State or by individuals; the federal Government had implemented a programme in cooperation with states to eliminate violence against women, including aims of punishing such violations more heavily; rape was a very serious crime and had a high social cost; ignorance and centuries of culture made it difficult to combat such violence, but the Government was working to create structures for medical, psychological and legal help for victims and to set up more effective systems for filing complaints and bringing charges against perpetrators.
ALI KHORRAM (Iran) said that violence against women remained a major constraint in development, gender equality and full respect of human rights of women. Preventing violence against women required concrete policies and measures. In this regard, the role of UNIFEM and its Trust Fund in support of Action to Eliminate Violence Against Women was welcomed. The critical situation in Afghanistan was so alarming that it required urgent measures by the international community to alleviate suffering of women and children. As planning was an unequivocal necessity for attaining development, Iran's National Plan of Action included measures to raise public awareness of women's rights; a search for the causes and consequences of violence against women; and enforcing of the laws and other necessary measures for eradication of violence against women. Trafficking in women was among the increasing numbers of transnational crimes, and refugees and migrants were very vulnerable to this threat to human dignity that needed to be stopped. International cooperation and collective efforts to draft a convention on elimination of all forms of sexual exploitation of women were welcomed; the human rights mechanisms and the Subcommission could significantly contribute to this process. The proper treatment of and solutions for these problems required national and international endeavours.
IFTEKHAR AHMED CHOWDHURY Bangladesh) said that in developed countries gender disparities still existed in levels of employment and pay; in developing countries, particularly in rural areas, gender disparities were much wider and had accumulated over centuries of social neglect and injustice. Progress at least had been achieved in that it was acknowledged that empowerment of women was an integral part of the development process. Bangladesh was steadfast in its determination to improve living conditions and provide equality for women; there was a Ministry of Women's Affairs, a comprehensive national policy, and various programmes aimed at women, including free education for girls through grade 8. Legislative measures had been taken to protect women from various forms of violence; and regional cooperation was being examined as a method of combatting trafficking, rape, and kidnapping of women. But tangible improvement depended most of all on rapid economic development, and here the international community had to play a responsible role in creating supportive conditions for complementing national efforts.
ERICA IRENE DAES, Subcommission expert, introducing the report of the Working Group on indigenous populations (E/EN.4/Sub.2/1998/16), said that the meeting had been well attended and productive and had been a forum for a constructive dialogue. Nearly 1,000 people had attended the Working Group, including representatives of 42 States, 10 intergovernmental organizations and 840 non-governmental groups and representatives of indigenous organizations and peoples. This year, the Working Group had chosen to focus for the first time on the principle theme: "Indigenous peoples, education and language", and it was clear that education and the protection of language were of paramount importance to all indigenous peoples. The Working Group had benefitted greatly from the contributions of specialised agencies, in particular the United Nations Educational, Scientific and Cultural Organization (UNESCO). It was very positive that representatives of private sector mining and energy organizations had observed the meetings. The Working Group had considered the final report on the Study on Treaties Agreements and other Constructive Arrangements between States and Indigenous Populations prepared by Special Rapporteur Miguel Alfonso Martinez, and had considered the establishment of a permanent forum for indigenous peoples within the United Nations system. UNESCO had been invited to host next year's session of the Working Group at its headquarters in Paris, and this offer had many merits as it would provide an opportunity for bringing a strong focus on aspects and issues of indigenous life relating to education, science and culture.
Introducing her progress report on indigenous people and their relationship to land (E/CN.4/Sub.2/1998/15), Mrs. Daes said that the paper was intended to examine the problems linked to indigenous land issues with the aim of contributing to increased understanding between indigenous peoples and States. To date, only four States, and eleven indigenous people's organizations had commented on the preliminary working paper. Australia, New Zealand, Canada and Denmark had provided information. There had been significant developments since the preliminary working paper, including the Supreme Court of Canada's decision in Delgamuukw v. the Queen, the Treaty of Waitangi in New Zealand, and the first friendly settlement in the Inter-American human rights system which restored legitimate land rights to an indigenous community. The final working paper would be submitted to eh Subcommission during its 50th session.
YOZO YOKOTA, Subcommission alternate expert, said that in respect to Mrs. Daes's progress report on indigenous peoples and their relationship to land, he wished to report on two developments in Japan. The first was that last year, the Diet, after a long a difficult series of negotiations and discussions, had passed legislation protecting the Ainu people which replaced a century-old law; the new law contained a number of provisions for fair and equal treatment of the Ainu, who had long suffered from discrimination, poverty, and Japanese assimilation policy. The second development was a court decision of March 1977 over a plaintiff's claim to a particular ritual site lost as the result of construction of a dam; the claim was not sustained by the court, but nevertheless the ruling recognized the "indigenous character" of the Ainu people and emphasized that there was a need to protect and promote their distinct cultural heritage, which had been neglected for many years.
ASBJORN EIDE, Subcommission expert, said that important developments were taking place in many countries, and problematic developments in Australia. He noted that ILO Convention 169 was likely to be of great importance in the issue of land rights.
VLADIMIR KARTASHKIN, Subcommission alternate expert, said the report of Mrs. Daes on indigenous peoples was constructive and had been based on constructive dialogue, which was the only way to resolve the problems involved. He considered it important, similarly, that Mrs. Daes continue her report on indigenous peoples and their relationship to land; indigenous peoples were inalienably linked to their land, and it was a fine point how these claims were to be resolved with the situations of States; the matter was of importance to the Russian Federation, where indigenous peoples lived in vast regions of the north and the east; a conference recently had been held on Russia's indigenous peoples and their claims and needs, and how to deal with them through the law. Some regional settlements had been achieved, but there was no federal legislation yet on the matter. The conference had called for the appointment of an ombudsman on behalf of indigenous peoples in the country; there also was a call for representation for indigenous peoples in the legislatures both regionally and federally.
GAY MCDOUGALL, Subcommission alternate expert and Special Rapporteur on systematic rape, sexual slavery and slavery-like practices during armed conflict, presented her report and said that the Statute of the International Criminal Court recognised that sexual violence and slavery committed in the context of an internal or international armed conflict might constitute crimes against humanity and war crimes. Future meetings of the Assembly of States Parties would establish in more precise terms the exact elements of the crimes that would fall in the jurisdiction of the Court. The report highlighted that sexual violence was often used as a tactic and weapon of war, and that scarcely any prosecutions for acts of sexual violence had taken place. The report primarily restated and reinforced the established law that was applicable and considered the legal and prosecutorial issues that were raised by the fact that the majority of the world's armed conflicts were civil wars. The new Statute of the International Criminal Court specifically provided the jurisdiction to prosecute acts of sexual violence during civil wars. Legal responsibility had to be attached to all responsible parties, including those who created the political or social climate that made the commission of such crimes possible. Armed conflict exacerbated the discrimination and violence that was routinely directed at women everywhere, and unless women had full equality, steps taken to prevent systematic rape or sexual slavery during armed conflict would ultimately fail.
The true scope of the harms committed to more than 200,000 women enslaved by the Japanese military in so-called "comfort stations" during the World War II, and the direct role played by the Japanese military in those abuses, and the status of international law at the time, indicated that the Japanese Government had a legal responsibility for the abuses that occurred, Ms. McDougall said; the responsibility had not yet been fully discharged; Japan had an obligation to prosecute those who participated in the rape camps and to pay legal compensation to those who survived the atrocities; the apologies offered to date by the Government and the establishment of an Asian Women's Fund were not sufficient response.
FISSEHA YIMER, Subcommission expert, said the study on rape and sexual slavery during armed conflict was an important and timely document; the report rightly defined and contended that such acts as holding of women in sex camps and forced marriages of women to soldiers were in a legal sense forms of slavery and should be regarded and prosecuted as such. The study also listed, usefully, the various internationally established crimes having universal jurisdiction that could be applied to situations of systematic rape and sexual slavery during armed conflict. Mrs. McDougall was right to demand prosecution of those responsible for such crimes, including those who instigated or created the political or social climate that made commission of the crimes possible; that could include legislators and civil servants and administrators.
Y.K.Y. SIK YUEN, Subcommission expert, said that Ms. McDougall's report came at a propitious time, when rape was increasingly being used as a tool of war. There were clear signs that a new trend was evolving to consider sexual crimes committed during armed conflict as a serious international crime. There was good news with the forthcoming establishment of the International Criminal Court. Sexual crimes were prohibited at all times and in all situations and had no statute of limitations. Perhaps the ultimate message of the report was in the underlying cry that justice be done, and that future violations be no more. The report contained sufficient reminders to perpetrators of crimes against humanity that the international community would not forget.
HALIMA EMBAREK WARZAZI, Subcommission expert, introducing the report of the Working Group on contemporary forms of slavery, said that financial considerations had had a lot to do with the size of the report, although the document did accurately reflect the Group's activities; much valuable information had been received from NGOs, as always; extremely positive dialogue had been established between those concerned and the Group, and that often helped to work out solutions. Frequently Governments were overwhelmed with other problems and priorities and were not aware of problems of slavery that sometimes were systematic; and the Working Group performed a useful function by pricking them into acknowledging and responding. Harsh realities had to be faced, and Working Group attendees from developed countries went home, as they did every year, with a clearer idea of the situations prevailing in the world's poorer countries. Valuable NGO reports had been received on sexual trafficking in Asia and on the exploitation of child domestic servants. It should be added that sexual trafficking in children was no longer largely limited to girls; young boys were increasingly subject to it; the Working Group had decided to pay special attention at its next session to trafficking in women and children. Study had shown that official corruption was an unavoidable element in trafficking and slavery, Mrs. Warzazi said, and among the Working Group's recommendations were steps to combat corruption and to combat promotion of slavery and sale of children through the Internet.
ANJALI GANDHI, of Indian Council of Education, said that in south Asia, economic deprivation and unemployment of parents resulted in children often becoming a burden. This diverted them into fields of activity that should be alien to children. Rapid population growth, and social and cultural norms that discriminated between male and female children had created an environment for child abuse, and the numerous summits and declarations had done little to stem this evil. The cure did not lie solely in education and economic progress, but exemplary punishment for the crime of child abuse appeared to be becoming a necessity. The Government of India was making all efforts to meet the provisions stated in the articles of the Convention on the Rights of the Child. The Governments of developing countries should entrust the responsibility of implementation of the Convention on the Rights of the Child mainly to NGOs, and local NGOs needed to be trained to initiate appropriate programmes. The Subcommission was called upon to devise mechanisms to ensure that practices that deprived children of life and dignity were curbed and states were made accountable to the world community for their welfare.
G. WIEBALCK, of Christian Solidarity International (CSI), said the organization and a number of journalists had travelled six times into the heart of Sudan and had brought back overwhelming evidence that chattel slavery in Sudan continued unabated, as confirmed by the Special Rapporteur on Sudan; in April alone, over 1,000 African women and children were enslaved by National Islamic Front (NIF) soldiers during the most devastating Government offensive in Bahr-El-Ghazal since the resumption of the Sudanese civil war in 1983; they were marched to the north to join tens of thousands of others in NIF-controlled parts of the Darfur and Kordofan regions; some victims were even abducted at distribution points of the World Food Programme. Since CSI had begun its slave-redemption programme in 1995, it had freed more than 2,400; the testimonies of some were recorded and published by journalists; Sudanese slaves customarily were beaten, starved, and forced to convert to Islam; one boy reported that his Arab master had cut the throats of three boys to frighten the others. There also were consistent reports of rape and female genital mutilation among young women freed by CSI. In a special appeal to the High Commissioner for Human Rights, CSI was presenting today a list of 103 names of women and children currently enslaved in Sudan. The Subcommission must insist on access for human-rights monitors to all areas of Sudan, establish a tracing scheme to locate and return slaves to their homes and families in the south; and support Arab clans who cooperated in returning victims.
KIM HONG BOM, of International Association of Democratic Lawyers, said that the Japanese authorities were employing every possible means to evade State recognition and responsibility for the crimes against humanity committed by Japan in the past. Japan had kidnapped, abducted drafted, enslaved, tortured and slaughtered Asian peoples during their military occupation of Korea and the rest of Asia. Japan had to apologise to all Asian victims, including the Korean people. However, Japan had not atoned for its crimes, but had brought pressure on Radhika Coomaraswamy, Special Rapporteur of the Commission on Human Rights on violence against women, in order for her not to mention 'comfort women' in her report. Mankind should demand the Japanese Government to admit to and apologise for its unprecedented crimes, as a prerequisite for Japan to promote sincere reconciliation and friendship with all nations and states of the world.
ATSUKO TANAKA, of International Movement Against All Forms of Discrimination and Racism, said the organization's study on strengthening the international regime to eliminate the traffic in persons and the exploitation of the prostitution of others was now circulating at the Subcommission as an official conference paper; increasing numbers of women and children were being trafficked from the poorer regions of the poorer countries of the world into rich countries which had an ever-increasing demand for women and children to exploit sexually; the victims were not only exploited sexually but also discriminated against as undocumented migrants. Many Asian women and children were trafficked not only to Japan and surrounding countries but also to Europe and the Russian Federation, and east European women and children were trafficked not only to western Europe but to Japan and Thailand; it was very hard for the victims to leave the sex industry -- and it could be dangerous as well. A great majority of those trafficked were reduced to slavery for long periods; often there was force and deceit involved; a well-orchestrated counter-reaction to this mounting traffic was needed from the United Nations; the Subcommission might request that the Special Rapporteur on violence against women focus her year 2000 report on the issue of trafficking.
HR/SC/98/16
14 August 1998
The Subcommission on Prevention of Discrimination and Protection of Minorities began its consideration this morning of contemporary forms of slavery, hearing the presentation of a report on systematic rape and sexual slavery during armed conflicts and registering comments by several of its members that all those responsible for such crimes should be prosecuted -- not only direct perpetrators, but also those who created climates or policies that allowed the abuses to occur.
The report was introduced by its author, Subcommission alternate expert Gay McDougall, who said, among other things, that the Japanese Government was obligated to prosecute and punish all those still alive who had run or administered wartime "comfort stations" for Japanese troops during World War II. The stations were staffed with over 200,000 women, many of them Korean, who had been forced into sexual slavery. Ms. McDougall said Japan must accept legal responsibility for human-rights violations suffered by the "comfort women". Japan's official apologies and establishment of an Asian Women's Fund were not enough.
Also presented was the report of the Subcommission's Working Group on contemporary forms of slavery, whose Chairperson, Halima Embarek Warzazi, remarked that official corruption and widespread use of the Internet for trafficking and sale of children were major obstacles to combatting slavery.
Earlier in the morning debate was concluded on "the implementation of human rights with regard to women" and the agenda item on indigenous peoples was opened briefly to allow introduction of the report of the Subcommission's Working Group on indigenous populations.
Subcommission experts or alternates Erica-Irene A. Daes, Yozo Yokota, Asbjorn Eide, Vladimir Kartashkin, Fisseha Yimer, and Y.K.Y. Sik Yuen spoke.
Observers for Sudan, Iraq, Mexico, and Iran made formal statements.
Non-governmental organizations addressing the meeting were International Confederation of Free Trade Unions; African Commission of Education for Development; Indian Council of Education; Christian Solidarity International; International Association of Democratic Lawyers; and International Movement Against All Forms of Discrimination and Racism.
The Subcommission will reconvene at 3 p.m. to continue its consideration of contemporary forms of slavery.
Documentation
Contemporary Forms of Slavery
Under its agenda item 6, the Subcommission has before it a report of the Secretary-General on the implementation of the Programme of Action for the Elimination of the Exploitation of Child Labour, submitted pursuant to Subcommission resolution 1997/22 (E/CN.4/Sub.2/1998/12). The report contains replies received from three Governments on the steps they had taken to implement the Programme of Action.
Brunei Darussalam states that the measures taken to stop exploitation of child labour are contained in Chapter XI of the Labour Act. Thailand says that a number of measures have been taken, including a new Labour Law that increases the minimum age for employment from 13 to 15 years of age, and a public education campaign. Mexico says that measures for protection and surveillance are in force in the labour sphere, and the Government has taken action to curb the sale of children, child prostitution and child pornography.
Under this item, the Subcommission has before it a report of the Working Group on contemporary forms of slavery (E/CN.4/Sub.2/1998/14), whose Chairperson-Rapporteur is Halima Embarek Warzazi.
The report says Working Group, held from 18 to 28 May 1998, reviewed and examined: the implementation of and follow up to the Conventions on Slavery; developments in the field of contemporary forms of slavery; measures to prevent and repress all contemporary forms of slavery; and the United Nations Voluntary Trust Fund on Contemporary Forms of Slavery. In conclusion, the report states among other things that slavery in its various forms is a crime against humanity, and a State that acquiesces to such practices, irrespective of whether it has acceded to the conventions on slavery or any other relevant consideration, was violating human rights.
In its recommendations, among other points, the Working Group encouraged the General Assembly to consider proclaiming the 2 December as the day for the abolition of slavery in all its forms; asked that the United Nations Secretary-General invite States which had not ratified the Conventions Against Slavery to do so; encouraged States to enact and revise national laws to ensure adequate protection and assistance to victims and survivors of trafficking and develop and enforce laws and law enforcement strategies that penalized those who exploited them; encouraged States to cooperate bilaterally and multilaterally to monitor and regulate trans-border trafficking of women and girls; urged States to examine and analyse the causes and consequences of corruption and to take steps to eradicate the root causes; recommended that Governments undertake further investigation of the misuse of the Internet for the sexual exploitation of women and children; and urged States to enact specific legislation to define the offense
of debt bondage and provide for the punishment of those responsible. The report also contains the provisional agenda for the 24th session of the Working Group.
Under this item, the Subcommission has before it a report on the contemporary forms of slavery: systematic rape, sexual slavery and slavery-like practices during armed conflict (E/CN.4/Sub.2/1998/13), prepared by Special Rapporteur Gay McDougall. The report defines sexual violence, and slavery; it then examines: the legal framework for prosecuting sexual slavery and sexual violence, including rape, under international law; holding individuals responsible; obligations to search for and prosecute war criminals; the right to an effective remedy and the duty to compensate; and prosecutions at the national level.
The report notes that ending the cycle of impunity which exists for acts of sexual violence and sexual slavery during armed conflict requires political will and concerted action by the whole international community. Among others, the report specifically recommends that States enact special legislation incorporating international criminal law into their municipal legal systems; that legal systems be capable of adjudicating international crimes and administering justice without gender bias; that victims be protected from intimidation; and that the Office of the High Commissioner for Human Rights take the lead in documenting sexual violence in conflict situations. The report concludes among other things that it was the lack of political will that poses the greatest obstacle to the effective prosecution and redress of sexual slavery and sexual violence during armed conflicts; that individual perpetrators of crimes against humanity, genocide, torture and war crimes have to be held responsible for their crimes at the international or national level; and that without the full equality and participation of women, any steps taken to prevent systematic rape or sexual slavery during armed conflict will ultimately fail.
Human Rights of Indigenous Peoples
Under its agenda item 7, the Subcommission has before it the report of the Chairperson-Rapporteur of the Working Group on indigenous populations (E/CN.4/Sub.2/1998/16), Erica-Irene Daes. The report reviews the developments pertaining to the promotion and protection of human rights and fundamental freedoms of indigenous people; examines among other things standard-setting activities, and the evolution of standards concerning the rights of indigenous peoples; indigenous peoples and their relationship to land; considers the establishment of a permanent forum for indigenous peoples; and analyses the resources available to the Office of the High Commissioner on Human Rights to carry out the work related to indigenous peoples.
The report in its conclusions and recommendations considers among other things the discussions on the theme 'indigenous peoples: education and language' as particularly helpful for its understanding of indigenous issues; it reaffirms its view that the agenda item on standard setting also constituted a fundamental part of its mandate; it encouraged participants to provide views on the proposed permanent forum for indigenous peoples to the Office of the High Commissioner; and requested that Subcommission expert Miguel Alfonso Martinez submit to its 18th session a working paper on the issue of guidelines for private sector energy and mining concerns.
There also was a progress report on the working paper prepared by Erica-Irene A. Daes on indigenous people and their relationship to land (E/CN.4/Sub.2/1998/15), which notes that few States have responded with comments or other recommendations on the subject, perhaps because of lack of time, but as a preliminary analysis, the issues of concern to States appeared to be how to reconcile indigenous land rights and claims with the need for certainty and security in land titles; how ruinous financial liability for past actions in derogation of indigenous land rights might be avoided and yet still allow reconciliation of difficulties; how an efficient and fair claim process could be set up; how nation States could maintain their functionality and stability while surrendering indigenous land or territory; and how indigenous claims could be reconciled with national needs for resource development, defence, and other fundamental functions.
Statements
M.T. BELEMI, of International Confederation of Free Trade Unions, said globalization was having negative effects on the health and well-being of working women; there was psychological violence, discrimination, abuse, sexual harassment, and deterioration of working conditions. The flexibility of new working arrangements caused by global financial capital and deregulation of the labour market had created a peripheral working force mostly of women, who did part-time, precarious employment; it was temporary work, very often extremely difficult, often performed at home, often illegal. Export-processing zones had mushroomed; their attraction for transnationals was enormous -- in Panama, almost 95 per cent of the workers in them were women, and according to numerous reports, women who worked there were subject to discrimination, human-rights violations, sexual violence, and pregnancy tests. Employment of under-age girls around the world could be stopped, meanwhile, by strict enforcement of suitable legislation, major steps to eradicate poverty, and other measures.
GIRMA GHENNET, of African Association of Education for Development said that the history of the human race was dominated by males; and the world was a world of massacres, wars and self-destruction. Therefore, why would women seek to be equal to men. In the interest of human rights, it was necessary to explore female qualities, and when seeking to empower women, they should not be pushed to imitate men, women were better placed to seek a new way of being successful without crashing and stepping on others. With regard to rape and the military, it should be considered on a wider level as it was the expression of male performance par excellence. There had to be a campaign against rape, in the army and beyond - because of AIDS now was possibly the best time to do this. The courage of Algerian women was laudable. Subcommission expert Halima Embarek Warzazi needed much support, and when renewing her mandate, the Subcommission should recommend that the issue be treated within the Office of the High Commissioner for Human Rights so that she could have wider means and services.
GASIM IDRIS (Sudan) said women enjoyed full political and civil rights in the Sudan; the Constitution protected their rights; but progress remained to be made; the first challenge was to fight the higher level of illiteracy among women, which reached 44 per cent, as compared to 25 per cent for men; since 1977, an education policy to promote women's schooling had emerged. In the senior civil service, women still held fewer jobs than males, at a proportion of 1 to 5; there were plans to redress the imbalance. Vaccination centres and health programmes had been set up to provide services for mothers and pregnant women, resulting in a decline in maternal deaths; and a comprehensive strategy had been established to fight against harmful customs and traditions, particularly female genital mutilation, which unfortunately was practised in some African and Arab countries of Africa. The goal had been set of eradicating such practices by year 2000. Sudan understood the Special Rapporteur's concern at scarcity of reports on the topic from countries, including Sudan, but promised to be more forthcoming in the future.
MOHAMMED HUSSEIN (Iraq) said Muslim women under the Sharia had gained all their rights. The Sharia stated that there was equality between men and women; social rights such as the right to divorce and education were guaranteed for women, and they had the right to work and own property. Women constituted 50.3 per cent of the population of Iraq, and it was in the interest of Iraqi development to include them and let them participate. Iraqi legislation had a provision that banned discrimination against women, and the Constitution made men and women equal before the law. Iraq had adhered to the International Convention on the Elimination of All Forms of Racial Discrimination and was proud of its efforts to enhance human rights. For eight years, all sectors of Iraqi society had faced difficulties as a result of the blockade: 1.5 million children had died as a result of malnutrition. Iraqi women were affected by increased rates of breast cancer as a result of substances used in 1991. The Government of Iraq appreciated the efforts of the Subcommission to cast light on the humanitarian situation in Iraq, and hoped that the Subcommission would continue its efforts to end the blockade - this was the only way to ensure that the 20 million Iraqi citizens would be able to enjoy their human rights.
ALICIA ELENA PEREZ-DUARTE (Mexico) said the Government was encouraging active participation of women in efforts to battle poverty and raise the standard of living. It was true that there were important differences and inequalities with regard to the number and availability of opportunities to women in work and education. Government authorities were now convinced that marginalization and poverty of women must be approached differently; women were more vulnerable, especially in times of social tension; steps had been taken, including the inclusion of women from vulnerable groups in planning for programmes; there were efforts increase rates of ownership of land for rural and indigenous women. There had been charges of aggression against the health and security of Mexican women; the Government rejected and condemned such actions wherever they occurred and whether committed by agents of the State or by individuals; the federal Government had implemented a programme in cooperation with states to eliminate violence against women, including aims of punishing such violations more heavily; rape was a very serious crime and had a high social cost; ignorance and centuries of culture made it difficult to combat such violence, but the Government was working to create structures for medical, psychological and legal help for victims and to set up more effective systems for filing complaints and bringing charges against perpetrators.
ALI KHORRAM (Iran) said that violence against women remained a major constraint in development, gender equality and full respect of human rights of women. Preventing violence against women required concrete policies and measures. In this regard, the role of UNIFEM and its Trust Fund in support of Action to Eliminate Violence Against Women was welcomed. The critical situation in Afghanistan was so alarming that it required urgent measures by the international community to alleviate suffering of women and children. As planning was an unequivocal necessity for attaining development, Iran's National Plan of Action included measures to raise public awareness of women's rights; a search for the causes and consequences of violence against women; and enforcing of the laws and other necessary measures for eradication of violence against women. Trafficking in women was among the increasing numbers of transnational crimes, and refugees and migrants were very vulnerable to this threat to human dignity that needed to be stopped. International cooperation and collective efforts to draft a convention on elimination of all forms of sexual exploitation of women were welcomed; the human rights mechanisms and the Subcommission could significantly contribute to this process. The proper treatment of and solutions for these problems required national and international endeavours.
IFTEKHAR AHMED CHOWDHURY Bangladesh) said that in developed countries gender disparities still existed in levels of employment and pay; in developing countries, particularly in rural areas, gender disparities were much wider and had accumulated over centuries of social neglect and injustice. Progress at least had been achieved in that it was acknowledged that empowerment of women was an integral part of the development process. Bangladesh was steadfast in its determination to improve living conditions and provide equality for women; there was a Ministry of Women's Affairs, a comprehensive national policy, and various programmes aimed at women, including free education for girls through grade 8. Legislative measures had been taken to protect women from various forms of violence; and regional cooperation was being examined as a method of combatting trafficking, rape, and kidnapping of women. But tangible improvement depended most of all on rapid economic development, and here the international community had to play a responsible role in creating supportive conditions for complementing national efforts.
ERICA IRENE DAES, Subcommission expert, introducing the report of the Working Group on indigenous populations (E/EN.4/Sub.2/1998/16), said that the meeting had been well attended and productive and had been a forum for a constructive dialogue. Nearly 1,000 people had attended the Working Group, including representatives of 42 States, 10 intergovernmental organizations and 840 non-governmental groups and representatives of indigenous organizations and peoples. This year, the Working Group had chosen to focus for the first time on the principle theme: "Indigenous peoples, education and language", and it was clear that education and the protection of language were of paramount importance to all indigenous peoples. The Working Group had benefitted greatly from the contributions of specialised agencies, in particular the United Nations Educational, Scientific and Cultural Organization (UNESCO). It was very positive that representatives of private sector mining and energy organizations had observed the meetings. The Working Group had considered the final report on the Study on Treaties Agreements and other Constructive Arrangements between States and Indigenous Populations prepared by Special Rapporteur Miguel Alfonso Martinez, and had considered the establishment of a permanent forum for indigenous peoples within the United Nations system. UNESCO had been invited to host next year's session of the Working Group at its headquarters in Paris, and this offer had many merits as it would provide an opportunity for bringing a strong focus on aspects and issues of indigenous life relating to education, science and culture.
Introducing her progress report on indigenous people and their relationship to land (E/CN.4/Sub.2/1998/15), Mrs. Daes said that the paper was intended to examine the problems linked to indigenous land issues with the aim of contributing to increased understanding between indigenous peoples and States. To date, only four States, and eleven indigenous people's organizations had commented on the preliminary working paper. Australia, New Zealand, Canada and Denmark had provided information. There had been significant developments since the preliminary working paper, including the Supreme Court of Canada's decision in Delgamuukw v. the Queen, the Treaty of Waitangi in New Zealand, and the first friendly settlement in the Inter-American human rights system which restored legitimate land rights to an indigenous community. The final working paper would be submitted to eh Subcommission during its 50th session.
YOZO YOKOTA, Subcommission alternate expert, said that in respect to Mrs. Daes's progress report on indigenous peoples and their relationship to land, he wished to report on two developments in Japan. The first was that last year, the Diet, after a long a difficult series of negotiations and discussions, had passed legislation protecting the Ainu people which replaced a century-old law; the new law contained a number of provisions for fair and equal treatment of the Ainu, who had long suffered from discrimination, poverty, and Japanese assimilation policy. The second development was a court decision of March 1977 over a plaintiff's claim to a particular ritual site lost as the result of construction of a dam; the claim was not sustained by the court, but nevertheless the ruling recognized the "indigenous character" of the Ainu people and emphasized that there was a need to protect and promote their distinct cultural heritage, which had been neglected for many years.
ASBJORN EIDE, Subcommission expert, said that important developments were taking place in many countries, and problematic developments in Australia. He noted that ILO Convention 169 was likely to be of great importance in the issue of land rights.
VLADIMIR KARTASHKIN, Subcommission alternate expert, said the report of Mrs. Daes on indigenous peoples was constructive and had been based on constructive dialogue, which was the only way to resolve the problems involved. He considered it important, similarly, that Mrs. Daes continue her report on indigenous peoples and their relationship to land; indigenous peoples were inalienably linked to their land, and it was a fine point how these claims were to be resolved with the situations of States; the matter was of importance to the Russian Federation, where indigenous peoples lived in vast regions of the north and the east; a conference recently had been held on Russia's indigenous peoples and their claims and needs, and how to deal with them through the law. Some regional settlements had been achieved, but there was no federal legislation yet on the matter. The conference had called for the appointment of an ombudsman on behalf of indigenous peoples in the country; there also was a call for representation for indigenous peoples in the legislatures both regionally and federally.
GAY MCDOUGALL, Subcommission alternate expert and Special Rapporteur on systematic rape, sexual slavery and slavery-like practices during armed conflict, presented her report and said that the Statute of the International Criminal Court recognised that sexual violence and slavery committed in the context of an internal or international armed conflict might constitute crimes against humanity and war crimes. Future meetings of the Assembly of States Parties would establish in more precise terms the exact elements of the crimes that would fall in the jurisdiction of the Court. The report highlighted that sexual violence was often used as a tactic and weapon of war, and that scarcely any prosecutions for acts of sexual violence had taken place. The report primarily restated and reinforced the established law that was applicable and considered the legal and prosecutorial issues that were raised by the fact that the majority of the world's armed conflicts were civil wars. The new Statute of the International Criminal Court specifically provided the jurisdiction to prosecute acts of sexual violence during civil wars. Legal responsibility had to be attached to all responsible parties, including those who created the political or social climate that made the commission of such crimes possible. Armed conflict exacerbated the discrimination and violence that was routinely directed at women everywhere, and unless women had full equality, steps taken to prevent systematic rape or sexual slavery during armed conflict would ultimately fail.
The true scope of the harms committed to more than 200,000 women enslaved by the Japanese military in so-called "comfort stations" during the World War II, and the direct role played by the Japanese military in those abuses, and the status of international law at the time, indicated that the Japanese Government had a legal responsibility for the abuses that occurred, Ms. McDougall said; the responsibility had not yet been fully discharged; Japan had an obligation to prosecute those who participated in the rape camps and to pay legal compensation to those who survived the atrocities; the apologies offered to date by the Government and the establishment of an Asian Women's Fund were not sufficient response.
FISSEHA YIMER, Subcommission expert, said the study on rape and sexual slavery during armed conflict was an important and timely document; the report rightly defined and contended that such acts as holding of women in sex camps and forced marriages of women to soldiers were in a legal sense forms of slavery and should be regarded and prosecuted as such. The study also listed, usefully, the various internationally established crimes having universal jurisdiction that could be applied to situations of systematic rape and sexual slavery during armed conflict. Mrs. McDougall was right to demand prosecution of those responsible for such crimes, including those who instigated or created the political or social climate that made commission of the crimes possible; that could include legislators and civil servants and administrators.
Y.K.Y. SIK YUEN, Subcommission expert, said that Ms. McDougall's report came at a propitious time, when rape was increasingly being used as a tool of war. There were clear signs that a new trend was evolving to consider sexual crimes committed during armed conflict as a serious international crime. There was good news with the forthcoming establishment of the International Criminal Court. Sexual crimes were prohibited at all times and in all situations and had no statute of limitations. Perhaps the ultimate message of the report was in the underlying cry that justice be done, and that future violations be no more. The report contained sufficient reminders to perpetrators of crimes against humanity that the international community would not forget.
HALIMA EMBAREK WARZAZI, Subcommission expert, introducing the report of the Working Group on contemporary forms of slavery, said that financial considerations had had a lot to do with the size of the report, although the document did accurately reflect the Group's activities; much valuable information had been received from NGOs, as always; extremely positive dialogue had been established between those concerned and the Group, and that often helped to work out solutions. Frequently Governments were overwhelmed with other problems and priorities and were not aware of problems of slavery that sometimes were systematic; and the Working Group performed a useful function by pricking them into acknowledging and responding. Harsh realities had to be faced, and Working Group attendees from developed countries went home, as they did every year, with a clearer idea of the situations prevailing in the world's poorer countries. Valuable NGO reports had been received on sexual trafficking in Asia and on the exploitation of child domestic servants. It should be added that sexual trafficking in children was no longer largely limited to girls; young boys were increasingly subject to it; the Working Group had decided to pay special attention at its next session to trafficking in women and children. Study had shown that official corruption was an unavoidable element in trafficking and slavery, Mrs. Warzazi said, and among the Working Group's recommendations were steps to combat corruption and to combat promotion of slavery and sale of children through the Internet.
ANJALI GANDHI, of Indian Council of Education, said that in south Asia, economic deprivation and unemployment of parents resulted in children often becoming a burden. This diverted them into fields of activity that should be alien to children. Rapid population growth, and social and cultural norms that discriminated between male and female children had created an environment for child abuse, and the numerous summits and declarations had done little to stem this evil. The cure did not lie solely in education and economic progress, but exemplary punishment for the crime of child abuse appeared to be becoming a necessity. The Government of India was making all efforts to meet the provisions stated in the articles of the Convention on the Rights of the Child. The Governments of developing countries should entrust the responsibility of implementation of the Convention on the Rights of the Child mainly to NGOs, and local NGOs needed to be trained to initiate appropriate programmes. The Subcommission was called upon to devise mechanisms to ensure that practices that deprived children of life and dignity were curbed and states were made accountable to the world community for their welfare.
G. WIEBALCK, of Christian Solidarity International (CSI), said the organization and a number of journalists had travelled six times into the heart of Sudan and had brought back overwhelming evidence that chattel slavery in Sudan continued unabated, as confirmed by the Special Rapporteur on Sudan; in April alone, over 1,000 African women and children were enslaved by National Islamic Front (NIF) soldiers during the most devastating Government offensive in Bahr-El-Ghazal since the resumption of the Sudanese civil war in 1983; they were marched to the north to join tens of thousands of others in NIF-controlled parts of the Darfur and Kordofan regions; some victims were even abducted at distribution points of the World Food Programme. Since CSI had begun its slave-redemption programme in 1995, it had freed more than 2,400; the testimonies of some were recorded and published by journalists; Sudanese slaves customarily were beaten, starved, and forced to convert to Islam; one boy reported that his Arab master had cut the throats of three boys to frighten the others. There also were consistent reports of rape and female genital mutilation among young women freed by CSI. In a special appeal to the High Commissioner for Human Rights, CSI was presenting today a list of 103 names of women and children currently enslaved in Sudan. The Subcommission must insist on access for human-rights monitors to all areas of Sudan, establish a tracing scheme to locate and return slaves to their homes and families in the south; and support Arab clans who cooperated in returning victims.
KIM HONG BOM, of International Association of Democratic Lawyers, said that the Japanese authorities were employing every possible means to evade State recognition and responsibility for the crimes against humanity committed by Japan in the past. Japan had kidnapped, abducted drafted, enslaved, tortured and slaughtered Asian peoples during their military occupation of Korea and the rest of Asia. Japan had to apologise to all Asian victims, including the Korean people. However, Japan had not atoned for its crimes, but had brought pressure on Radhika Coomaraswamy, Special Rapporteur of the Commission on Human Rights on violence against women, in order for her not to mention 'comfort women' in her report. Mankind should demand the Japanese Government to admit to and apologise for its unprecedented crimes, as a prerequisite for Japan to promote sincere reconciliation and friendship with all nations and states of the world.
ATSUKO TANAKA, of International Movement Against All Forms of Discrimination and Racism, said the organization's study on strengthening the international regime to eliminate the traffic in persons and the exploitation of the prostitution of others was now circulating at the Subcommission as an official conference paper; increasing numbers of women and children were being trafficked from the poorer regions of the poorer countries of the world into rich countries which had an ever-increasing demand for women and children to exploit sexually; the victims were not only exploited sexually but also discriminated against as undocumented migrants. Many Asian women and children were trafficked not only to Japan and surrounding countries but also to Europe and the Russian Federation, and east European women and children were trafficked not only to western Europe but to Japan and Thailand; it was very hard for the victims to leave the sex industry -- and it could be dangerous as well. A great majority of those trafficked were reduced to slavery for long periods; often there was force and deceit involved; a well-orchestrated counter-reaction to this mounting traffic was needed from the United Nations; the Subcommission might request that the Special Rapporteur on violence against women focus her year 2000 report on the issue of trafficking.