SUBCOMMISSION DISCUSSES FREEDOM OF MOVEMENT, PROTECTION OF CHILDREN, OTHER MATTERS

MORNING

HR/SC/99/25
23 August 1999


The Subcommission on the Promotion and Protection of Human Rights completed debate this morning on freedom of movement and the protection of the rights of children and began consideration of its agenda item on “review of further developments with which the Subcommission has been or may be concerned”, discussing such topics as terrorism, illicit trafficking in arms, and the acceptability of reservations to international human-rights treaties.

Various non-governmental organizations (NGOs), international agencies, and observer nations told Subcommission Experts about the effects of armed conflicts and other dangerous situations on children. The Himalayan Research and Cultural Foundation alleged that more than 250 million children between the ages of five and 14 were working, and that millions of those did so in hazardous circumstances.

An official of the International Labour Office (ILO) reviewed a new ILO convention designed to prevent the worst forms of child labour, which were defined as slavery or recruitment into prostitution or pornography, drug dealing, or service with armed forces.

Expert Sang Yong Park said some guerrilla forces were rounding up children as young as eight to fight in wars and armed conflicts. Small arms and light weapons, he said, were a grave threat to children since they increased the likelihood that children would be recruited or abducted for use as soldiers.

On the topic of freedom of movement, a representative of the Office of the United Nations High Commissioner for Refugees said many countries were increasingly reluctant to accept and support refugees or persons otherwise forcibly displaced.

Other Subcommission Experts or alternates taking the floor were Kalliopi Koufa, Francoise Jane Hampson, Teimuraz Ramishvili, Fan Guoxiang, El-Hadji Guisse, Ahmed Khalil, Marc Bossuyt and Louis Joinet.

NGOs addressing the session were World Federation of Trade Unions; World Organization Against Torture; Indian Council of Education; African Commission of Health and Human Rights Promoters; Himalayan Research and Cultural Foundation; Pax Romana; Organisation tunisienne de l'education et de la famille; and International Institute for Non-Aligned Studies.

A representative of Cyprus spoke.

Iraq spoke in exercise of the right of reply.

The Subcommission will reconvene this afternoon at 3 p.m. to continue its review of “further developments”.

Documentation

Under its agenda item on “review of further developments in fields with which the Subcommission has been or may be concerned”, the Subcommission had before it several documents.

There was a note by the Secretary-General (E/CN.4/Sub.2/1999/23) containing a review of further developments in fields with which the Subcommission has been or may be concerned, which covers matter related to the International Covenants on Human Rights, the International Convention on the Elimination of All Forms of Racial Discrimination; the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment; the Convention on the Rights of the Child; and the effective implementation of international instruments on human rights, including reporting obligations of States parties.

There was a note by the Secretariat (E/CN.4/Sub.2/1999/26) on the adverse consequences of the transfer of arms and illicit trafficking in arms on the enjoyment of human rights.

There was a preliminary report (E/CN.4/Sub.2/1999/27) of the Subcommission’s Special Rapporteur on terrorism and human rights. The report contains an introduction, followed by an examination of some conceptual and other fundamental questions relevant to the study, notably the link between terrorism and human rights in fact and law, the question of defining terrorism, the interrelated questions of the scope of application of international human-rights law and of the accountability of non-State actors, and recent trends in international terrorism.

There was a working paper (E/CN.4/Sub.2/1999/28) on reservations to human rights treaties which contains a summary of the issues, followed by conclusions and recommendations.

There was a working paper (E/CN.4/Sub.2/1999/29) on observance of human rights by States which were not parties to UN human rights conventions, which details the legal force of the Universal Declaration of Human Rights; the obligations of States arising from the Charter of the UN and from the Universal Declaration of Human Rights; ways and means of encouraging acceptance of human-rights instruments; and a mechanism for encouraging efforts by States to observe the human rights and fundamental freedoms contained in the Universal Declaration, and for encouraging their ratification of UN human rights conventions.

And there was a memorandum submitted by the International Labour Office (E/CN.4/Sub.2/1999/24) entitled Comprehensive examination of thematic issues relating to the elimination of racial discrimination; the Implementation of human rights with regard to women; Human rights of indigenous peoples; the Administration of Justice and Human Rights; Review of further developments in fields with which the Subcommission has been or may be concerned. The document contains general information on the ILO declaration on Fundamental Principles and Rights at Work, and its follow-up; as well as information on adoption of the ILO Convention on the worst forms of child labour and its accompanying recommendation; ratification of ILO conventions; application of conventions; adoption of new standards; general activities for the prevention of discrimination; action against discrimination based on HIV/AIDS; the situation of Arab workers of the occupied Arab territories; and collaboration with other international organizations.

Statements

REFAQUAT ALI KHAN, of World Federation of Trade Unions, said the problem of internally displaced persons and family reunification remained unattended to at the international level, notably in the case of the Kashmiri Pandits, who had suffered under a planned operation of ethnic cleansing aided and abetted from across foreign borders. There was a jihad in Kashmir.

The Subcommission should do something about situations that resulted in large displacements of people. It should investigate not only the causes of such unfortunate situations, but look beyond them to identify the States or forces who engineered them, supported them, and sought to derive supposed or real benefits from them. Something urgent needed to be done to ameliorate the conditions of those who were already suffering.

NGOZI MADUAKOH of the Office of the United Nations High Commissioner for Refugees, said the situation in Kosovo highlighted the critical importance of the right to seek and enjoy asylum from persecution. Innocent civilians were direct targets; the violations of the rights of women and the killing of children were deliberate tactics. In Sierra Leone, the consequences of summary executions, murders, and amputations would be felt far into the future. These were graphic, but by no means isolated, examples which pointed to the need for the right to seek and enjoy asylum. People who were granted temporary sanctuary should be treated in a dignified and humane way.

Many countries today were increasingly reluctant to accept and support refugees and other victims of forced displacement. Refugees were vulnerable and had need of a comprehensive and indivisible range of human rights. The Office of the High Commissioner for Refugees called for further study by the Subcommission into the applicable rights and treatment of non-citizens.

PETROS EFTYCHIOU (Cyprus) said a third of Cyprus's population had been forcibly displaced. Conflict situations were one of the primary causes of massive human-rights violations. Because of this tragic reality, the international community had adopted the Geneva Conventions 50 years ago. Asking States to commit themselves to rules while actively engaged in war was a paradox. Bearing in mind the detailed provisions in the Conventions, it was surprising how blatant the violations were. Aggressor States went by the adage that the ends justified the means.

It was the duty of the international community to address these situations, to call on States to honour their contractual obligations. Millions of refugees who were displaced persons should have convinced everyone that much work still needed to be done. Time was of the essence.

LUZ ANGELA MELO, of World Organization Against Torture, said there was a comprehensive set of rules regarding reparations for people who were victims of torture and related violations. However, child victims of torture were among the most vulnerable, as they were often separated from their parents and unaware of their rights. The Convention on the Rights of the Child offered no individual complaint mechanism nor the possibility for denouncing human-rights violations. Proof was needed to demonstrate that the person presenting the complaint was acting on behalf of the alleged victim. Children could present complaints directly, but few were aware of this right.

The organization recommended that children who claimed to be the victims of abuses should be able to access any tribunal without the need of representatives; that children, specifically street children and very poor children, should be informed of their rights and remedies, including access to the courts, compensation and rehabilitation; that a document should be produced that clearly explained to children international procedures; and that children, parents and schools should be trained on the international procedures available to children.

A.S. NARANG, of Indian Council of Education, said protecting the child had been a constant concern of the international community throughout the 20th century. Children were among the most vulnerable of the victims of armed conflicts or their aftermath. It had been seen how weapons of high destructive power had devastating consequences for children in such places as Afghanistan, Rwanda, Chechnya and Bosnia. Kashmiri children in India had become the victims of militants and mercenaries, and Kosovar children had been attacked and massacred because of their ethnicity, while Serbian children were victims of bombing by NATO.

It was a matter of some satisfaction that the chairman of the working group on a draft protocol to the Convention of the Rights of the Child on involvement of children in armed conflicts had concluded that there was general support for finalizing the draft optional protocol. An increased awareness of the deplorable use of children in armed conflicts and commitment to combatting it was noted. In spite of this commitment, many States in practice were delaying the process by bringing up differences on minimum ages for participation in hostilities, on the age of recruitment into the armed forces, or on child recruitment by non-governmental armed groups. The Subcommission should use its moral authority to pressure States to help the working group finalize the protocol by next year.


BINETA DIOP, of African Commission of Health and Human Rights Promoters, said the health and educational needs of the children of Africa were subordinated to military expansion and arms purchases, and therefore they had no vision for the future. The situation of child soldiers in Africa was particularly tragic, with more than 120 000 children under the age of 18 enrolled in military operations. African States were called on to ratify the African Charter on the Rights and Welfare of the Child in addition to the UN Convention on the Rights of the Child, and to ensure the implementation of both. Child soldiers needed extensive assistance to ensure psychological healing and the learning of skills necessary for success in civil society. The international community should support the implementation of these international instruments to demonstrate solidarity with African States.

The cancellation of Africa's debts should be supported, but only upon the stipulation that the funds saved be used for programmes which provided youth with access to schooling, adequate health services, job opportunities and a secure environment in which to live.

K. WARIKOO, of Himalayan Research and Cultural Foundation, said children were the most vulnerable members of society. In developing countries, nearly 250 million children between five and fourteen years of age worked; many more millions worked in hazardous circumstances. The evils of child labour should be publicized and children should be enabled to have access to formal and non-formal education. Free and compulsory primary education should be available for all children, and the public should be educated in order to bring about the elimination of child labour.

There should be coordination between Governments and the voluntary sector to bring this about.

JOHN SAUTTER, of Pax Romana, said youth and students played a catalytic role in social change. Their imagination, ideals, considerable energies and vision were essential for the continuing development of the societies in which they lived. Thus, there was a special need for new impetus to be given to the design and implementation of youth policies and programmes at all levels. The ways in which the challenges and potentials of young people were addressed by policy would influence current social and economic conditions and the well-being and livelihood of future generations.

In order for youth to participate in the functioning of society and to be effective in promoting their rights, they must be given the proper tools, more specifically access to all forms of education. The case facing most young people around the world was that a pattern of decreasing emphasis was being put by their Governments on access to higher education based on merit. The Subcommission should prepare a working document on the impact of globalization on youth in relation to the promotion of their civil, political, economic, social and cultural rights, and it should recommend that the Office of the UN High Commissioner for Human Rights create a focal point on youth to develop programmes aimed at enhancing youths’ capacity as human-rights promoters and defenders.

MONCEF ACHOUR, of Organization Tunisienne de l'Education et de la Famille, said the concept of the rights of the child had reached maturity during the 1980s, when the Commission on Human Rights began the drafting of the Convention on the Rights of the Child, which was adopted in 1990. The importance given to the family and to children was a fundamental part of human development in Tunisia. Human-rights education for children, greater access to civil protection and the well-being and stability of all social categories, were the best means of deepening the sense of civil responsibility and of spreading democratic values and human-rights culture.

There was a growing gap between town and country children. The world of children was still fragile. In many developing countries, children were frequently the first victims of economic restructuring and other social problems. The best investment for the future of man was their protection.

REENA MARWAH, of the International Institute for Non-Aligned Studies, said the continued marginalization of the poorest communities and nations was depriving large numbers of children of their childhoods. Austerity measures had led to cuts in medical and educational services. Funds for immunization and safe drinking water had been cut drastically, leading to a rise in communicable diseases. Children bore the heaviest burden.

In many States, the situation called for radical transformation at several levels; the concept of children's rights had not yet been internalized by many Governments. Civil society and the media should be mobilized to help pressure Governments to ensure compulsory education and economic development so that children's interests and well-being were protected.

RICARDO HERNANDEZ PUUDO, of International Labour Office (ILO), said its international conference had adopted a new convention in June against child labour in all parts of the world. It defined a child as anyone under the age of 18. The convention provided that member States should adopt immediate and effective measures to prevent the worst forms of child labour and should ensure the social rehabilitation of children involved in such labour. It provided that the worst forms of such labour included slavery, forced recruitment of children into armed conflict, the use of child recruitment in prostitution and pornography, and the recruitment of children for illegal activities, including the use and sale of drugs.

At the same time as it approved the convention, the conference also adopted a recommendation that addressed the problems of work carried out in situations that were not subject to effective monitoring, including domestic work.

SAAD HUSSAIN (Iraq) said Iraq had already taken all measures and means on all legislative and judicial levels to sponsor and protect children. The State had obliged all institutions and health-care centres and other competent bodies to adopt rules that would guarantee good health and safety for children. In the domain of health care, Iraq had made a significant achievement as the death toll of infants and mothers had gone down, despite the hardship brought about by the international economic embargo imposed on Iraq.

The changes brought about in the aftermath of the 1991 military aggression and the continued comprehensive blockade had affected Iraqi society and in particular the psychological and social conditions of children. Today’s young children grew up with a deep sense of insecurity about their basic survival, which diverted their attention from education and creative activities and adversely affected their mental growth. Attention should be paid to these grave consequences, and the embargo lifted.

SANG YONG PARK, Subcommission Expert, said many millions of young children in the world worked in hazardous situations. In Asia, the numbers had risen in the wake of economic difficulties. While the problem was complex, it was clear that the worst forms of child labour must stop. Tangible efforts were already under way; Pakistan had provided several positive examples. As reaffirmed at the UN General Assembly in 1998, States should set specific target dates for eliminating all forms of child labour that were contrary to accepted international norms.

Concerning child soldiers, many countries in the world were recruiting them. Some guerrilla forces were rounding up children as young as eight years old. Small arms and light weapons in armed-conflict situations were a grave threat to children as they increased the likelihood that they would be recruited or abducted for use as soldiers. World-wide efforts should be made to raise public awareness for the protection of children affected by armed conflicts. The minimum acceptable age for soldiers should be raised from fifteen to eighteen.

KALLIOPI KOUFA, Subcommission Alternate Expert, introducing a preliminary report on terrorism and human rights, said that in the period since World War II the phenomenon known as international terrorism had become prevalent and its manifestations increasingly sophisticated. The difficulties involved in reaching agreements on steps to control the problem had become all the more acute. One principle upon which agreement was reached fairly early on in the United Nations was that States had a responsibility not to conduct, support or encourage terrorist activity against other States. Such prohibitions were contained in the work carried out by the UN on the codification and progressive development of international law.

Beyond this, however, the constant struggle between member States to reach consensus as to what types of acts constituted terrorism and what persons were terrorists had not only reflected their deep ideological disagreement on the permissible uses of violence, but had also turned international efforts into a piecemeal approach to the problem of controlling terrorism, resulting in the adoption of a number of conventions -- 12 until now -- that addressed crimes associated with terrorism.

It was hoped that the Subcommission would give particular attention to the multi-dimensional and complex subject matter of terrorism and human rights, and would consider adopting a resolution approving the suggestions contained in the concluding observations of the report.

FRANCOISE JANE HAMPSON, Subcommission Expert, said regarding reservations to human-rights treaties that some treaties were more affected than others; the Convention on the Elimination of Discrimination Against Women was a treaty that was particularly badly affected.

There was a need for a study of the effect of reservations to human-rights treaties in general, particularly because some treaty bodies had asked for it. The Subcommission should request the appointment of a Special Rapporteur on reservations to human-rights treaties.

TEIMURAZ RAMISHVILI, Subcommission Expert, said that despite the efforts made by all the human-rights bodies within the UN system, there were still a number of States that were not parties to the most substantial human-rights instruments. The results varied. The Convention on the Rights of the Child had broad support, for example, but other instruments were not as successful in attracting participation.

The Subcommission should think of setting up some sort of machinery that could obtain information about why some States were not parties to various instruments. The machinery could provide technical assistance or information or other help that would help them reconsider their attitudes towards the instruments. This would require some painstaking and delicate work.

FAN GUOXIANG, Subcommission Expert, said that the issues raised in the report on terrorism were difficult ones that required courage and intelligence; the Subcommission should study the area further.

Regarding the report on reservations, human-rights conventions were in a special category from other conventions. ILO treaties, for example, had their own rigid sets of rules to follow. Humans rights conventions, on the other hand, should not be rigid. The right to self-determination was an example; reservations were one way to show respect for treaties that were in conflict with certain national interests. It was one way to encourage countries to respect certain conventions. The discussion on reservations was interesting and the topic deserved further study.

There were various ways to encourage the participation of countries that were not yet parties to conventions. It was necessary to continue to push these countries, but the way to go about it needed more consideration. It was not necessary to set up a working group to do this.

EL-HADJI GUISSE, Subcommission Expert, said many issues were addressed in the working paper on terrorism. The most important question hanging over the whole of the report was the question of acceptance of these proposals and the analysis of the subject. The definition of terrorism could differ between two people. Some people could see it as something that needed to be stopped, while others could see it as a justifiable action to rid themselves of foreign intervention. It would be difficult to find an internationally acceptable norm. Such a definition could be impossible to achieve. To date, terrorism had been considered through a Western-based approach. However much time the report took to produce, it would only serve to open the debate at the international level.

There were other questions raised, all related to the scope of terrorism. Was State terrorism committed against another State, or could it be committed against people and populations of its own State? International law when joined with domestic law should not be based upon hypothesis.

Looking at the report of Mrs. Hampson, it must be understood that it surrounded the fundamental principle of sovereignty. Does a State accept the entire set of rules in a human-rights convention? Including articles that States could not file reservations to would not be beneficial. That should not be ignored. But the human-rights conventions should also not be weakened.


AHMED KHALIL, Subcommission Alternate Expert, said that terrorism as a world phenomenon required a consolidated response. The consequences were not confined directly to the victims, as terrorism could lead to further violations of human rights, for example, if States took excessive action as a result of the threat of terrorism. A definition of terrorism was needed.

Small weapons could be obtained easily and were relatively cheap. There was a close link between the organized trafficking of arms, of drugs and money laundering; this relationship deserved further study. The subject of terrorism, human rights and their impact on States was unusually complex, and this report was welcomed. There was a need to continue this study in order to have a better understanding of the full impact of terrorism.

MARC BOSSUYT, Subcommission Expert, said terrorism was a controversial subject, but was very important in relation to human rights. The study could certainly contribute to a better understanding and awareness of this issue. It was wise to consider the links between terrorism and the life and freedom of the individual. Terrorist attacks were not just attacks on human rights. These were frequently acts of extremists who were seeking to disrupt a peace process. They were partisans of the policy of the worst, they generally refused compromise. What was particularly regrettable was that too often terrorists achieved their aims. Statesmen must explain to their citizens that halting a peace process disrupted by terrorists would be playing into the hands of terrorists.

It was difficult to define terrorism. Many people defined any attack as an act of terrorism. It was hoped that the Special Rapporteur would put forward a definition.

LOUIS JOINET, Subcommission Expert, said the competence to determine the validity of reservations and the effects of an invalid reservation on a treaty were important issues. The Human Rights Committee said it was competent to determine the validity of reservations, but its opinions were not always accepted by other international bodies. This example was provided to show that further study was welcomed.

Right of reply

SAAD HUSSAIN (Iraq), speaking in right to reply, said the statement by Interfaith International had purported to provide information covering the situation in Iraq concerning food and other similar topics. This information was part of a campaign inimical to Iraq. The food supplied to Iraq was contaminated and inedible. Iraq had appealed to have the nature of the shipments of "food" delivered announced to the world so that it could know the true situation. The Interfaith statement was full of lies, and had been delivered by a liar. The report of the Special Rapporteur should be examined to find where truth lay. The statement made by the speaker was in violation of the rules laid down for the operation of the Subcommission.