SUBCOMMISSION ISSUES CHAIRMAN'S STATEMENT ON KOSOVO

AFTERNOON
HR/SC/98/27
21 August 1998

Subcommission Approves Resolutions on Human Rights of Women,
Contemporary Forms of Slavery, and Indigenous Populations

The Subcommission on Prevention of Discrimination and Protection of Minorities expressed serious concern this afternoon over what it called a deteriorating human-rights situation in Kosovo which had caused displacement of 10 per cent of the population. In a Chairman's statement, it condemned all acts of violence in Kosovo, including killings and beatings of civilians, hostage-taking, and violations committed by persons who were or were not affiliated with the State, and urged negotiations leading to a peaceful and equitable solution to the conflict in the region.

The panel also approved a series of resolutions and decisions falling under its agenda items on the human rights of women, contemporary forms of slavery, and the human rights of indigenous peoples. All were adopted by consensus.

The group took note of the "unprecedented and extremely difficult situation" of women in Taliban-controlled areas of Afghanistan, saying it considered that the current policies of the Taliban constituted a flagrant violation of the principles of Islam and of international law. The Subcommission appealed to all States not to encourage the Taliban by extending diplomatic recognition to it, and appealed to commercial enterprises to refrain from entering into financial agreements with the regime until it ended its discriminatory treatment of women.

The Subcommission called for Governments to treat women equally in matters related to the purchase, ownership, and use of land, property, and housing; urged intensified efforts to abolish female genital mutilation and other traditional practices harmful to the health of women and girls; called for a national and international responses to the increasing occurrence of systematic rape, sexual slavery and slavery-like practices during armed conflicts, and welcomed a recommendation for the United Nations to organize an expert meeting in 1999 to adopt guidelines for the effective prosecution of such international crimes of sexual violence. It also recommended that its Special Rapporteur on rape and sexual slavery in wartime compile an update of recent developments.

In a lengthy resolution dealing with its Working Group on Contemporary Forms of Slavery, the Subcommission urged steps to combat trans-border trafficking in persons for purposes of sexual slavery and prostitution, sought better monitoring of the global sex industry, called for "decriminalization" of victims of trafficking and sexual slavery, and said child domestic workers should be afforded greater protection and safety. In a separate measure, the panel encouraged donations to the United Nations Voluntary Fund on Contemporary Forms of Slavery.

The Subcommission asked for a final working paper of an ongoing study of indigenous land rights and a revised final report on a study of treaties, agreements and other constructive arrangements between States and indigenous populations.

It recommended that a draft declaration on the rights of indigenous peoples be adopted as early as possible and that a permanent forum for indigenous peoples within the United Nations system be established as quickly as possible.

In a measure focusing on its Working Group on Indigenous Populations, the panel approved a recommendation that the Working Group focus on the theme of "indigenous peoples and their relationship to land" and requested the High Commissioner for Human Rights to encourage studies with respect to the rights to food and adequate nutrition of indigenous peoples as they related to their access to land, cultural heritage and health, and, as appropriate, to call for an international workshop on the theme.

Later in the afternoon, debate was continued under the Subcommission's agenda item on freedom of movement. Non-governmental organizations addressing the topic were the Movement Against Racism and for Friendship Among Peoples; International Organization for the Elimination of All Forms of Racial Discrimination; Liberation; European Union of Public Relations; Prison Fellowship International; Afro-Asian People's Solidarity Organization; International Institute for Peace; Association of Refugees and Displaced Persons of Bosnia and Herzegovina; and Himalayan Research and Cultural Foundation.

Subcommission experts Soli .J. Sorabjee and Francoise Jane Hampson also spoke.

The Subcommission will reconvene at 10 a.m. Monday, 24 August, for a special meeting on the fiftieth anniversary of the Universal Declaration of Human Rights.

Action on Resolutions, Statements

1.
In a resolution (E/CN.4/Sub.2/1998/L.29) on women and the right to land, property and adequate housing, adopted by consensus, the Subcommission affirmed that the discrimination faced by women with respect to acquiring and securing land, property and housing, as well as financing for them, constituted a serious violation of women's human rights to equality, protection against discrimination, and to the equal enjoyment of the right to an adequate standard of living; strongly urged Governments to comply fully with the rights of women in this area; urged them to take all necessary measures to amend their laws, policies, customs, and traditions pertaining to land, property and housing rights which denied women equal rights; recommended that Governments, international financial institutions, local lending agents, housing-finance institutions and other credit facilities review their policies and eliminate any that discriminated against women, and that special consideration be given to single women and to households be headed by women; called on the international trade, investment and financial institutions to take fully into account the human-rights implications for women of their policies; and suggested that the Committee on Economic, Social and Cultural Rights undertake a thorough discussion of the issue and include the results of the discussion in its general comment on women.

2.deleted

3. In a resolution (E/CN.4/Sub.2/1998/L.30) on traditional practices affecting the health of women and the girl child, adopted by consensus, the Subcommission appealed to all States concerned to intensify efforts to eliminate female genital mutilation; appealed to the international community to provide support to non-governmental organizations and groups working to achieve this goal; called upon all States to give full attention to implementation of the relevant Plan of Action and requested the Secretary-General to invite them to submit to the Subcommission regular information on the situation regarding traditional practices in their countries; recommended that the mandate of the Special Rapporteur be extended to ensure completion of her task and to enable her to follow up recent developments; recommended that adequate administrative services be provided to her; recommended that the High Commissioner for Human Rights recognize traditional practices as a matter for research and programme activities; recommended that the Special Rapporteur receive appropriate resources; and recommended a draft decision encompassing these matters to the Commission on Human Rights for adoption.

4. In a resolution (E/CN.4/Sub.2/1998/L.32) on the situation of women in Afghanistan, adopted by consensus, the Subcommission took note of numerous reports dealing with the unprecedented and extremely difficult situation of Afghan women in Kabul and other parts of Afghanistan controlled by the Taliban, in particular widows who could not support themselves because they were not permitted to work or to benefit from humanitarian assistance, which was only given to men; expressed deep concern at the continuous suffering of Afghan women under the prohibitions placed upon them by the Taliban, which included confinement to the home and other restrictions on freedom of movement, as well as denial of the right to work, denial of education, and limitations on access to medical care; considered that the current policies of the Taliban constituted a flagrant violation of the principles of Islam and of international law; called upon Muslim religious leaders and scholars to give special attention to the situation with a view of bringing the policies and practices of the Taliban into line with the true spirit of Islam and human-rights law; appealed to all States not to encourage the Taliban by extending diplomatic recognition to them, and appealed to commercial enterprises to refrain from entering into financial agreements with the regime until the Taliban ended its discriminatory treatment of women.

05. MIGUEL ALFONSO MARTINEZ, Subcommission expert, said that as soon as he knew a resolution was being prepared on the situation in Afghanistan, he had told Subcommission expert Halima Embarek Warzazi that he thought the presentation of such a resolution was inappropriate in this context. Consequently he did not think it was appropriate to deal with specific matters in a specific country under a thematic item. He was not concerned about a possible duplication with the Commission on Human Rights as there was a certain latitude. He wished to register his objection to this draft resolution being placed under this item; this should not be considered a precedent.

6. ASBJORN EIDE, Subcommission expert, said he strongly supported the resolution on the women of Afghanistan; the measure dealt specifically with the rights of women; he had some problems, although they would not keep him from blocking consensus on the measures; he was pleased that the measure was being introduced by his Muslim colleagues. It was his understanding, for purposes of the resolution, that Islam as it applied in this case was in conformity with universal human rights standards.

07. HALIMA EMBAREK WARZAZI, Subcommission expert, said she was not trying to bring anything in through the back door. She thought that Mr. Alfonso Martinez understood her concerns.

08. AHMED KHALIL, alternate expert, said that while they were not experts in Islam, they knew that what was happening in Afghanistan went against the spirit of the Koran.

9. MUSTAPHA MEHEDI, Subcommission expert, said paragraph 2 of the resolution referred to the "suffering" of Afghan women, but he wished to point out that there was also terrorist violence against women and thought that should be reflected in the measure.

10. (Afghanistan) thanked the authors of the resolution on Afghanistan. Unfortunately the Taliban movement had disfigured the faith. The territory occupied by the Taliban was the only area in the world where human rights were violated continuously. In the zone controlled by the Taliban, women had no rights to health, education, take public transport, wash laundry in rivers, sew clothing, or go out in public. The Taliban saw women as evil and a means only of serving the desires of men. Recently the Taliban had closed the clandestine schools that were educating women. All humanitarian NGOs had been forced to leave Afghanistan. The rate of suicide among women was terrible. Women were pushed into prostitution. It was an imperative duty to come to the assistance of these women; they had established movements to resist the Taliban. One could not hear the cries of Afghani women because of the clouds of smoke and oil. The delegation called on all people of good will to mobilize and ensure the women of Afghanistan enjoyed their rights. This resolution was a clear signal to the Taliban and those who supported them. The world could not accept this situation on the eve of the 21st century.

11 In a resolution (E/CN.4/Sub.2/1998/L.26) on systematic rape, sexual slavery and slavery-like practices during armed conflict, including internal armed conflict, adopted without a vote, the Subcommission strongly endorsed the Special Rapporteur's call for national and international responses to the increasing occurrence of such offenses; called for enactment of legislation to allow effective prosecution as international crimes in municipal courts of all such human-rights violations; called upon States to consider legislation to provide jurisdiction in their municipal courts for serious international crimes of this type committed in other States; recognized the need to support and strengthen the ability of the International Criminal Court to prosecute all such cases of human-rights violations; welcomed the recommendation that it would be useful for the United Nations to organize an expert meeting in 1999 to adopt guidelines for the effective prosecution of international crimes of sexual violence at both national and international levels; recommended that the Special Rapporteur's mandate be extended for another year and that Subcommission expert Gay McDougall, as Special Rapporteur, present an update of recent developments related to the topic to the Subcommission at its fifty-first session; and recommended a draft decision to that effect to the Commission on Human Rights.

12. MR. ALFONSO MARTINEZ congratulated the Working Group on contemporary forms of slavery for its work. It was particularly important to see what was done on this subject, as it was necessary to see what was done to children everywhere.

13 In a resolution (E/CN.4/Sub.2/1998/L.31) on the report of the Working Group on Contemporary Forms of Slavery, adopted without a vote, the Subcommission recommended once again that the General Assembly express its solidarity with victims of contemporary forms of slavery by proclaiming 2 December as the international day for abolition of slavery in all its forms; urged States to address factors contributing to the traffic in persons and the exploitation of the prostitution of others; encouraged them to enact and revise laws to ensure adequate protection and assistance to victims and survivors and to develop and enforce laws and strategies to depenalize the victims while penalizing those who exploited them; urged States to strengthen monitoring, prosecution, and punishment of police and Government officials responsible for complicity in trafficking and prostitution; invited the Committee on the Elimination of Discrimination against Women and the Committee on the Rights of the Child to elaborate general recommendations to clarify State reporting procedures with regard to the traffic in persons and related practices of sexual exploitation; invited the Special Rapporteur on violence against women to conduct studies and engage in a consultative process on such issues as an assessment of the global sex industry, the legal status of prostitution and the decriminalization of the victims of trafficking and the exploitation of prostitution, international standards regarding the prevention of trafficking, the rights of victims and survivors, and the responsibility of the customer in creating demand for trafficking; decided that the Working Group on Contemporary Forms of Slavery should examine as a matter of priority the issue of the traffic in persons and the exploitation of the prostitution of others; declared that trans-border trafficking of women and girls for sexual exploitation was a contemporary form of slavery; recommended that States take immediate and effective measures at prevention; requested bilateral and multilateral cooperation to monitor and combat effectively trans-border trafficking; recommended that the relevant Special Rapporteurs consider the issue as part of their mandates; urged States to battle corruption in the perpetuation of slavery and slavery-like practices; decided to consider the subject further and in depth; recommended that Governments, as a matter of priority, take steps to prevent the misuse of the Internet for trafficking, prostitution and the sexual exploitation of women and children; urged States to adopt and enforce measures and regulations to protect child domestic workers; called upon States to eliminate all discrimination against girls in education, skill development and training; urged States to enact specific legislation to define the offense of debt bondage and to provide for punishment of those responsible and for rehabilitation of victims; invited the International Labour Office, the World Bank, the International Monetary Fund, the World Trade Organization, and other international bodies to consider debt bondage when establishing policies; expressed concern at the persistence and growth of the sale of children, child prostitution, and child pornography; and appealed to all Governments to send observers to the meetings of the working group.

14. DAVID WEISSBRODT, Subcommission expert said that while he was pressed by the lack of time for the draft resolution that had been submitted by Mrs. Warzazi, he would not object, given his great respect for her.

15. In a resolution on the United Nations Voluntary Fund on Contemporary Forms of Slavery, the Subcommission encouraged the activities of the non-governmental organizations financed by the Fund; urged all Governments, non-governmental organizations, other private and public entities, and individuals to contribute annually to the Fund to enable the Fund to fulfil its mandate effectively; and emphasized the need for contributions on a timely regular basis to allow effectively planning and disbursement of grants from the Fund.

16 In a resolution (E/CN.4/Sub.2/1998/L.27) on a study on indigenous land rights, adopted without a vote, the Subcommission requested the Special Rapporteur on the topic to prepare her final working paper on the basis of comments and information received and to submit it to the Working Group on Indigenous Populations at its seventeenth session and to the Subcommission at its fifty-first session; and recommended a draft decision to that effect to the Commission on Human Rights for adoption.

17 In a measure (E/CN.4/Sub.2/1998/L.33) on a study on treaties, agreements and other constructive arrangements between States and indigenous populations, adopted without a vote, the Subcommission decided to request the Special Rapporteur on the topic to submit, not later than 31 March 1999, a new version of his final report, including any revisions that might be introduced to the present unedited English version in light of the debates held at 1998 sessions of the relevant bodies.

18 In a resolution (E/CN.4/Sub.2/1998/L.34) on the International Decade of the World's Indigenous People, adopted without a vote, the Subcommission recommended that celebration of the International Day of the World's Indigenous People be held on the first day of the seventeenth session of the Working Group on indigenous populations in order to ensure as great a participation of indigenous people as possible; recommended that the Coordinator for the Decade consider holding a special fund-raising meeting with interested permanent missions and others to encourage financial contributions to the relevant Voluntary Fund; urged Governments and inter-governmental and non-governmental organizations to contribute to the Fund, and invited indigenous organizations to do likewise; recommended that attention continue to be given to improving the extent of participation of indigenous peoples in planning and implementing the activities of the Decade; recommended that the draft declaration on the rights of indigenous peoples be adopted as early as possible during the Decade; recommended that a permanent forum for indigenous peoples within the United Nations system be established as soon as possible with functions that did not duplicate those already conferred on the Working Group, and be financed through the regular budget of the United Nations; recommended that a three-day technical meeting be held immediately prior to the seventeenth session of the Working Group to undertake a mid-point review of the Decade; and recommended a draft decision encompassing these matters to the Commission on Human Rights for adoption.

19 In a resolution (E/CN.4/Sub.2/1998/L.35) on the Working Group on Indigenous Populations, adopted without a vote, the Subcommission recommended that the group cooperate as a body of experts in any conceptual clarifications or analysis which might assist the Working Group established by the Commission on Human Rights in its resolution 1995/32 to elaborate further the draft United Nations declaration on the rights of indigenous peoples; endorsed the decision taken by the Working Group not to take a final decision on the invitation to hold the next session of the Group in Paris at the United Nations Educational, Scientific and Cultural Organization until it received information on the results of consultations with indigenous communities on the issue; recommended that the Group adopt as its principle theme at its seventeenth session "indigenous peoples and their relationship to land"; requested the High Commissioner for Human Rights to encourage studies with respect to the rights to food and adequate nutrition of indigenous peoples as they related to their access to land, cultural heritage and health, and, as appropriate, to call for an international workshop on the theme with wide participation; requested that the Working Group be authorized to meet for five working days prior to the fifty-first session of the Subcommission; and recommended for adoption to the Commission on Human Rights a draft decision encompassing these matters.

20. In a Chairman's Statement, the Subcommission expressed serious concern over the rapidly deteriorating human-rights situation in Kosovo, where ethnic hostilities had caused the deaths of hundreds and had caused the displacement of 10 per cent of the population; the burning of villages and towns, destruction of property and the continuing threat of violence against the civilian population had forced almost 250,000 people to leave their homes, resulting in a serious refugee crisis in the region; the Subcommission expressed hope of joining in efforts leading to peace and human-rights protection in Kosovo; it condemned firmly all acts of violence, including killings and beatings of civilians, hostage-taking, and violations committed persons who were or were not affiliated with the State; and it supported all negotiations which could lead to a peaceful and equitable solution for the protection of the human rights of the people of Kosovo.

21. VLADIMIR KARTASHKIN, alternate expert, said that the Chairman's statement was the result of a compromise. He had agreed with it with great difficulty and many doubts. The Commission on Human Rights had also issued a Chairman’s statement, so this statement duplicated the work being done by other bodies. There was no support in the document for the territorial integrity of Yugoslavia, or against the groups that were acting against the territorial integrity of the country. Therefore he agreed with the document, though with great difficulty and many reservations.

22. SOLI J. SORABJEE, Subcommission expert, said that absence of condemnation of terrorist acts gave an imbalance and lack of objectivity to the Chairman's statement though he accepted it.

23. MRS. WARZAZI said she had put a lot of work into this Chairman's statement, and yet she was not happy with the text; it was not at all what she would have wished. But for the sake of consensus and because it was absolutely necessary to draw attention to the situation in Kosovo, she had accepted this consensus text.

Freedom of Movement, Statements

24. ,of Movement Against Racism and for Friendship Between Peoples, said that in Colombia the number of internally displaced persons had reached disturbing proportions; in the last four years, more than one million people had been displaced. This population movement was the result of a deliberate policy on the part of the armed forces who directly menaced the population. The linkage between the strategy of repression of the population and the interests of strong economy-financial groups was obvious. The case of Indonesia was similar; forced displacement took place in the context of the transfer of the population from densely to less densely populated islands. What was denounced in this case was the coercive methods used by the Indonesian authorities. The effect on the original populations of the destination islands was also dramatic. In Burma, over the past years, hundreds of villages had been displaced to make room for tourist complexes, and these people then often were subjected to rape, and pillage. The Chinese Government's policy of resettling millions of Chinese in Tibet had displaced the Tibetans who lost all rights to their land and suffered social damage. Gypsies had also suffered from local authorities refusing to allow them to stay in the area. It was also necessary to remember the devastation of Afghanistan, Sudan, and the Great Lakes. All these cases demonstrated the need to establish a Working Group on the subject of displaced persons.
25. ----, of International Organization for the Elimination of All Forms of Racial Discrimination, said many rational Jews asked themselves how anyone could logically and historically accept a law such as the law of return to Israel, which permitted any Jew from anywhere in the world to "return" to Palestine and enjoy residency and citizenship rights in Israel and yet did not allow these rights to any Palestinian, whether Christian or Muslim, who sought to return to the homeland where he was born as where his ancestors had lived for thousands of years. Many intellectual and rational Jews exerted tenacious efforts to get along with their neighbours and upheld the banner of peace in the here and now; however, the fanatical trend making itself felt in Israel now risked any chance of harmony or tranquillity and seemed to rest on the fallacious belief that the current, biased U.S. support of Israeli policy would last forever. Members of the organization all strongly condemned Israel's illegal actions and flagrant violations committed in the Middle East, including confiscation of Palestinian lands and building of Jewish settlements. Within the human-rights community, it was time to take a stand to save Israel against its own will and prevent Israel's fanatics from committing further atrocities.

26. ,of Liberation, said that nowhere was internal displacement more tragic than in Sri Lanka where it was estimated that today there were one million internally displaced persons. The large numbers of displaced persons represented almost a third of the Tamil people, and the resulting humanitarian crisis had been kept hidden from the international community by the Sri Lankan Government's censorship. The Sri Lankan Government had on numerous counts violated most of the proposed principles on internal displacement. There was an eight year economic embargo banning food and medical supplies to Tamil areas of the island; the Government used food and medicine as a weapon of war against the Tamil people, which was a violation of the Geneva Conventions. An appeal was made to the Subcommission to request the Special Representative on internally displaced people to make a return visit to the island of Ceylon to investigate the plight of the internal refugees. There was a war going on in Sri Lanka, many NGOs had conclusively proved that there were war crimes such as torture and extrajudicial killings. As a result, more than 500,000 people had sought asylum in many countries around the world. No country could send a person back to a country at war, especially when there were violations of the Geneva Conventions. Some countries continued to deport Tamils to Sri Lanka: the Subcommission was appealed to insist that no refugees were forcibly returned.

27. ---, of the European Union of Public Relations, said Pakistan-occupied Kashmir did not receive a lot of international attention, and yet persons there, especially in the so-called northern areas, suffered many human-rights violations; human-rights activists had difficulty travelling out of the region and then returning home again to the northern areas. Shaukat Ali Kashmiri, a human-rights activist of the region, had managed with a lot of difficulty to attend the Commission on Human Rights last year; after he went back, he was harassed, threatened, and finally kidnapped at gunpoint by the ISI, the secret-service agency of Pakistan. His whereabouts for the last 8 months had been unknown. In 1996, similarly, two advocates practising at Rawalako, Pakistan, were detained while on their way to attend the Commission, and recently Amanullah Khan, Chairman of the Jammu and Kashmir Liberation Front and a native of the northern areas, was beaten by Pakistani forces and prevented from entering Gilgit and Baltistan in the same region. There were scores of similar cases; the Subcommission should do something to restore the freedom of movement to residents of the northern areas.

28. of Prison Fellowship International, speaking on behalf of Christian Solidarity Worldwide, said that the displacement of populations constituted a serious violation of human rights in itself, but also provided the context for many other serious violations of human rights. In southern Sudan, an estimated 5 million people had been displaced in a population of 8 million largely as a result of the campaign of terror orchestrated by the Government of Sudan. Through burning of villages, destruction of crops, rape, killing and slavery, the Government of Sudan had sought to drive the people of the south into submission. The Government's denial of its involvement in the raids in May was contrary to its own admissions; denials of slavery by the Government were also easily rebutted. Sanctions of increasing severity should be imposed if the Government continued to pursue such policies. Immense suffering was also being inflicted through forced displacement in Burma. It was estimated that there were now over 115, 000 refugees on the Thai/Burma border resulting from conflict and oppression of minorities along with a deliberate policy of relocations. It was recommended that no repatriation take place against the will of the people concerned; condemnation of human rights abuses should be strengthened, and pressure should be brought to ensure access to Burma of the Special Rapporteur and other human rights monitors.

29. ----, of Afro-Asian People's Solidarity Organization, said a major cause of the current disastrous situation in Afghanistan was interference by a neighbouring country, Pakistan, which had always tried to control affairs in Afghanistan and had exported the religious fundamentalism that had resulted in the Taliban movement and which supported the Taliban with resources and weapons. Thousands had fled as a result, and their right to return to Afghanistan would not be exercised until conditions there improved. Similarly, Pakistan had exported mercenaries and marauders to Jammu and Kashmir in India, where they had created such terror and violence that the entire community of Kashmiri Hindus had fled in what looked like a planned operation of ethnic cleansing. Thousands of Muslim families had fled, too. These Hindus and Muslims wished to return but as things stood were unable to do so. It was time to take urgent steps to ameliorate the sufferings of such displaced persons and to censure States or terrorist groups that caused such displacements.

30. MR. SORABJEE said that refusal to give a passport to a citizen could curtail his rights. Experience had shown that passports had become an instrument of oppression in the hands of authoritarian regimes. Even in democratic countries, granting a passport was regarded as the prerogative of the State. This was incorrect as the right to a passport was an integral part of the right to leave and return to ones own country. It was imperative that the granting, refusal or impounding of a passport should be regulated by a law that would stipulate the reasons for this and provide for an appeals procedure. Sometimes impounding a passport was used to prevent dissidents or critics from travelling abroad to criticise the Government; this could impinge upon freedom of expression. Subcommission expert Volodymyr Boutkevitch had undertaken a study on the subject, and he suggested that another study be made on the subject.

31. FRANCOISE JANE HAMPSON, Subcommission expert, said many States had rules under which persons and even populations could be moved; Turkey had such regulations; there were at least 2 million internally displaced people in Turkey; they had not been displaced under the law; the majority were burnt out of their homes by security forces or else had fled when security forces destroyed nearby homes; doubtless some also fled from PKK violence, but she repeated that most had fled after violence by security forces; the European Commission and Court of Human Rights had found some cases in which this destruction of homes had occurred in degrading circumstances, including when villagers had been driven from their homes while not fully dressed and without warning or a chance to gather their affairs; these displacements were extremely traumatic, as those routed were peasants and their homes and lands were everything to them. They ended up in towns and cities where they were disoriented, without resources, and where populations had expanded so rapidly that services and accommodations were far from sufficient. Those displaced had not had titles legally taken from them; they ought to be able to go home, but authorities said they could not go home for lack of security, but the European Court had found that the security forces had in fact been responsible for the destruction, and in fact were the source of the lack of security. The State essentially was ignoring its own laws, finding them inconvenient for its purposes in this case. There were some minor methods of obtaining redress, but these did not apply to destruction of property by security forces; there were no effective remedies within the country for that. In such cases, the European Court had found ineffective investigation and inadequate prosecution by Turkish authorities. Turkey was urged to take effective action to stop gendarmes and security forces from destroying homes and property, to punish those responsible for human-rights violations, to allow those displaced to return home, and to provide sufficient aid for rebuilding destroyed village infrastructure.

32. ,of the International Institute for Peace, said that there were around 24 million people in the world today who were internally displaced. Among the many consequences of the proxy war waged by Pakistan in Jammu and Kashmir was the exodus of the entire Pandit community, who were now herded together in makeshift camps. Some organizations that had direct and indirect links with those responsible for the displacement of the Pandits were making fake appeals for them to return to Kashmir; the groups were not serious in their intentions and might even be camouflaging terrorists in international forums. Whenever attempts were made to encourage Pandits to return, terrorists initiated shoot outs that made the community abandon the idea of returning; the motive of these terrorists was to ensure that the community did not return home. During the last few years, Afghanistan had born the brunt of the blend of religious fundamentalism and terrorism; now these forces were bend on creating trouble in many Central Asian Republics. The Pakistani Government and its representatives kept denying that many terrorist organizations were located in Pakistan. These terrorists could destabilise the whole region; the Subcommission had to give serious attention to the causes behind this recurrent phenomenon of population displacement, and if terrorism sponsored by a particular country was responsible for it, then something serious had to be done to rectify the situation.

33. ----, of Association of Refugees and Displaced Persons of Bosnia and Herzegovina, said of over a million refugees from the region, some 200,000 had returned to Bosnia, but not to their own homes; others had acquired rights of residence elsewhere; as many as 600,000 still were of uncertain status; there were also hundreds of thousands of internally displaced persons; most would be in the minority if they returned to their homes, and would not feel secure; many had lost their property. Institutional and other impediments continued to hamper minority returns; such persons had to live in crowded camps and refugee centres; many returnees from abroad were unable to find any kind of shelter; they were homeless and wandered from town to town; the situation was very precarious in northeastern Bosnia. Meanwhile many refugees were being repatriated from countries such as Germany; many were Muslims who faced too many practical difficulties to be expected to go back to their original homes. More help was needed from the international community to eliminate violence and other obstacles to returnees; there would be no peace and no resolution to the ongoing difficulties of the region without the ability of the returnees to resume their lives in their own homes.

34. ,of the Himalayan Research and Cultural Foundation, urged the Subcommission to examine the role of religious extremism, mercenaries and terrorists in causing such displacement. The attention of the Subcommission was drawn to the consequences of terrorism and religious extremism on the 400,000 members of the Kashmiri Hindu minority. About 1,500 members of this indigenous minority had been murdered and more than 12,000 displaced Kashmiri Pandits had died due to unnatural circumstances. Not content with the cleansing of almost the entire Hindu minority, the terrorists and mercenaries had resorted to targeted killings of the few remnants of Kashmiri Pandits who had remained in the Valley. Just as the Kashmiri Hindus were cleansed from the Valley in the early 1990s, the Hindu minorities were now being intimidated, threatened and killed in the areas of Jammu region in Rajouri, Doda and Udhampur. All this carnage had been perpetrated by the Islamist terrorists and mercenaries supported by Pakistan, with the clear objective of ensuring that the Indian State of Jammu and Kashmir was cleansed of non-Muslim areas. It was time that the Subcommission took notice of these activities and took appropriate steps to ensure that states aiding and abetting such activities were taken to task.