THREE EXPERTS OFFER STATEMENTS TO COMMISSION ON HUMAN RIGHTS CONCERNING ECONOMIC, SOCIAL AND CULTURAL RIGHTS

Commission on Human Rigths
58th session
9 April 2002
Afternoon



Commission Concludes Debate on Question
of Violations Anywhere in the World



The Special Rapporteur on adequate housing addressed the Commission on Human Rights this afternoon, introducing a report calling among other things for greater attention to women's rights to own property, and a statement was read out on behalf of the Independent Expert on structural adjustment policies and foreign debt that said the critical economic situations of heavily indebted poor countries persisted with the result that human rights were suffering. The preliminary report of the Commission's Independent Expert on a possible draft optional protocol to the International Covenant on Economic, Social and Cultural Rights was also introduced.
The report of Miloon Kothari, Special Rapporteur on adequate housing, also discussed methods for progressive realization of housing rights. Representatives of Mexico and Romania responded to the report of the Special Rapporteur on his missions to their respective countries.
The statement read on behalf of Bernards Andrew Nyamwaya Mudho, Independent Expert on the effects of structural adjustment polices and foreign debt on the full enjoyment of human rights, said his appointment in November had not left him time to prepare a report, but that his work so far indicated that economic globalization was perceived as a threat to many countries, poor and rich, and that foreign debt burdens, coupled with the indiscriminate pressure of what had been described as "one-size-for-all" structural adjustment programmes, continued to take little account of the problems affecting poor countries, including the HIV/AIDS epidemic.
A brief statement was read out on behalf of Hatem Kotrane, the Commission's Independent Expert on a possible draft optional protocol to the International Covenant on Economic, Social and Cultural Rights. It said the Expert's present report was preliminary and addressed four major questions: the rights involved, the competent body, the possibility for individuals or groups to submit complaints, and measures to be taken to address violations by States.
In other work, the Commission concluded its debate on "the question of the violation of human rights and fundamental freedoms in any part of the world", hearing from a series of non-governmental organizations (NGOs) alleging abuses in numerous countries and regions. Many NGOs registered to speak were not able to do so because of the Commission's time limitations, and were asked instead to submit written statements. Several NGOs given speaking time declined to use it out of solidarity with their colleagues.
Addressing the afternoon meeting were representatives of the following NGOs: Baha'i International Community; International League for Human Rights; International Federation of ACAT; International Federation of Human Rights Leagues; Arab Lawyers Union; International Movement for Fraternal Union Among Races and Peoples; Interfaith International; Centre Europe - Tiers Monde; Earth Justice Legal Defense Fund; France Libertes - Fondation Danielle Mitterrand; American Jewish Committee; Organization for Defending Victims of Violence; Network of Women's NGOs in the Islamic Republic of Iran; Federation of Associations for the Defense and Promotion of Human Rights; African Commission of Health and Human Rights Promoters; Society for Threatened Peoples; World Federation of Democratic Youth; Catholic Institute for International Relations; International Peace Bureau; Centro de Estudios Europeos; International Save the Children Alliance; Franciscans International; Indian Movement "Tupaj Amaru"; Tunisian Association for the Rights of the Child and of the Mother; American Association of Jurists; International Association for Religious Freedom; North-South XXI; European Union of Public Relations; Netherlands Organization for International Development Cooperation; International Institute for Peace; Union of Arab Jurists; and Pax Romana.
Ethiopia, Eritrea, Kenya, the Democratic Republic of the Congo, Armenia, Lebanon, Azerbaijan, India, Algeria, Iraq, Burundi, Colombia, Malaysia, Israel, and Thailand spoke in exercise of their right of reply.
The Commission will reconvene at 10 a.m. on Wednesday, 10 April, to begin its annual debate on economic, social and cultural rights.

Economic, Social and Cultural Rights
The Commission heard presentations of the following documents in advance of the general debate under this agenda item:
There is a note by the Secretariat on the effects of structural adjustment policies and foreign debt on the full enjoyment of all human rights, particularly economic, social and cultural rights, (E/CN.4/2002/56) which explains that appointment of a new Independent Expert, Bernards Andrew Nyamwaya Mudho, on the subject did not occur until 5 December 2001, and hence the Expert will be unable to submit a written report to the fifty-eighth session of the Commission but will make an oral presentation.
There is a report (E/CN.4/2002/57) of Hatem Kotrane, the Independent Expert on the question of a draft optional protocol which would allow individual complaints under the International Covenant on Economic, Social and Cultural Rights. The Expert notes there is still "much doubt, uncertainty, and even outright opposition among Member States" and recommends passage of a resolution by the Commission confirming States' solemn commitment to the eventual adoption of a draft protocol; affirmation of the principle of setting up an open-ended working group to examine the matter at a later date; and extension of the Expert's mandate so that he can pursue his inquiries in greater depth.
There is a report (E/CN.4/2002/59) of Miloon Kothari, the Special Rapporteur on adequate housing as a component of the right to an adequate standard of living. The report consists of several sections: from the recognition to the operationalization of housing rights; and setting the research agenda - priority issues in the realization of housing rights and actions to promote the progressive realization of housing rights. The report recommends that the Commission may wish to encourage the Special Rapporteur to continue to draw attention to issues relevant to housing rights at the special session of the General Assembly on children and at the World Summit on Sustainable Development, and to request the Office of the High Commissioner on Human Rights and other concerned bodies to facilitate his participation in these conferences. The Special Rapporteur also makes it clear that he wishes to contribute to the process of the Commission on the issue of women's equal rights to own property, land and housing and to inherit. The Special Rapporteur also requests that the Commission make it possible for him to report annually both to the Commission and to the General Assembly.

Presentation of Reports
MILOON KOTHARI, Special Rapporteur on adequate housing, said that like his other colleagues, he would not present his full statement under item 10 on economic, social and cultural rights in view of the time constraints. The Special Rapporteur indicated that he had undertaken visits to Mexico and Romania last year and he had foreseen a visit to Palestine this year. However, he had received no reply from the Israeli authorities to his request to visit the occupied territories this year and he urged Israel to cooperate with the mechanisms of the Commission.
MARICLAIRE ACOSTA (Mexico) said that her delegation was interested in the report of the Special Rapporteur on adequate housing. The Rapporteur was welcome to carry out another visit to Mexico under his mandate relating to economic, social and cultural rights which were integral parts of human rights. The Government of Mexico was giving priority to the issue of housing, and it was implementing a national policy on the issue. The Government was also taking into consideration the special needs and conditions of the vulnerable and displaced persons. The work of the Rapporteur was important in the realization of the right to adequate housing in the world. It was necessary to recognize the right of women to own property. The delegation wished to support the Commission in its recognition of the right to adequate housing.
(Romania) said his delegation thanked the Special Rapporteur on adequate housing for his interest. The Government and Civil Society had been glad to offer to the Special Rapporteur access to all relevant segments of population and to areas of interest. The findings of the Rapporteur on the housing situation in Romania constituted a fair statement. The persistence of difficulties presented could very briefly be explained and understood if one took two aspects into account. The housing policies that existed during the communist regime could be summarized in a few words: poor housing for all. State subsidies and State loans had been the basic tool in this process. However, an emerging private market in housing had generated amazing results in producing high quality individual housing. The private property had become generalized. The housing situation in Romania did not indicate problems from the strict human rights perspective. The current situation would certainly improve not only due to the careful governmental policies as to housing, fighting discrimination, halting poverty and consolidating middle class, but also as a consequence of the ascending line of the economic indicators over the last two years.
A statement read out by the Secretariat on behalf of BERNARDS ANDREW NYAMWAYA MUDHO, Independent Expert on the effects of structural adjustment policies and foreign debt on the full enjoyment of all human rights, particularly economic, social and cultural rights, said that regrettably his appointment coming late last November had given him insufficient time to undertake the necessary consultations to prepare a report for the consideration of the Commission at its current session. Owing to the complexities of his mandate, its implementation posed formidable challenges. In order to ensure continuity and build on the work of his predecessor, he had consulted with main global actors in the field of structural adjustment programmes and foreign debt with a view to gathering first hand reliable information and data where required. For his mandate to be meaningful, it must include close consultation with the principal actors in global policy formulation in this area, i.e. Member States, the World Bank, the International Monetary Fund, regional development banks and civil society. It was suggested that the Commission seek to ensure that the operation of both mandates, namely, that of the Independent Expert and the Working Group, remained compatible.
Globalization was perceived as a threat to many countries, poor and rich, as reflected by recurrent protests of the anti-globalization movement in recent years. The debt burden, coupled with the indiscriminate pressure of what had been described as "one-size-for-all" structural adjustment programmes continued to take little account of the magnitude of the HIV/AIDS. The critical economic situation of Heavily Indebted Poor Countries persisted despite the perceived creditor dominated solutions with their new conditionalities which further aggravated the human rights conditions in such countries. It was time for the international community to review the present international economic framework with recognition of shared and differentiated responsibility so as to facilitate consensus and concerted action consistent with internationally agreed commitments. A debt pardon process would fit into a review of the international economic system.
A brief statement read out by the Secretariat on behalf of HATEM KOTRANE, Independent Expert on an optional protocol to the International Covenant on Economic, Social and Cultural Rights, said the Expert's present report was preliminary and addressed four major questions: the rights involved, the competent body, the possibility for individuals or groups to submit complaints, and measures to be taken to address violations by States. The Independent Expert suggested that the Working Group on the topic start its work as of the next session of the Commission.

General Debate on the Violation of Human Rights Anywhere in the World
DIANE ALA'I , of the Baha'i International Community, said members of her group in Iran were still subject to clear and systematic human rights violations. Those violations concerned not only civil and political rights but also a wide range of economic, social and cultural rights. While all of the death sentences had now been commuted and some prisoners had been released, five Baha'is were still in prison for their religious beliefs, two of them sentenced to life imprisonment for apostasy. The Baha'is posed no threat to the Iranian authorities. They obeyed the Government of their country. They sought no special privileges but simply wished to enjoy their civil, economic and social rights, and to be able to profess and practice their religion peacefully. They wanted to be able to work, receive their pensions, have access to high education, own property and to have their religious institutions reestablished. Since 1998, the Iranian authorities had developed a widespread pattern of short-term detention, wearing the Baha'is down with a constant feeling of insecurity and uncertainty.
ANTOINE.MADELIN, of the International League for Human Rights, said in the territory of the Russian Federation, in the Chechen Republic, military actions continued which had taken on the nature of a guerrilla war. The civilian population suffered greatly from the activities of both parties to the conflict. The Russian leadership had suggested that the world community perceive the activity of Russian forces in Russia as a constituent part of the struggle against international terrorism. However, the world community must take into account that in response to the Chechen fighters' attacks, Russian federal forces had engaged in acts of terror against the civilian population. The Commission was called upon to adopt a resolution expressing serious concern about continuing gross and massive violations of human rights in Chechnya and to establish an international commission to monitor the investigation of crimes committed in Chechnya.
ZAINAP GASHAEVA, of the International Federation of ACAT, said the Russian Federation had used the events of September as a pretext to commit further human rights violations in Chechnya. Violations by Russian troops included intensified search operations, increased arbitrary arrests, forced disappearances, rape, systematic torture and attacks. The inefficiency of the judicial system in Russia only contributed to increases in these acts of violence. The impunity enjoyed by the perpetrators violated international humanitarian law. The resolution adopted by the Commission last year on the situation in Chechnya had not produced any results on the ground. Human rights violations continued unabated. The Commission should ask Russia to respect humanitarian law and should send its Special Rapporteur on torture to Chechnya. The UN was also urged to carry out an investigation into human rights violations in Chechnya and to bring the perpetrators to justice.
JACQUELINE MOUDEINA, of the International Federation of Human Rights League, said that her organization had reacted against the dramatic situation in Algeria, where in 15 days, in Kabylia, 7 people had been killed; the number of victims since the beginning of the year had now reached 90; and 350 persons had been arbitrarily detained, including about 20 adolescents. The League would like to urge the Commission to request Algeria to accept the visit of the Special Rapporteur on extrajudicial killings and the Working Group on involuntary disappearances to inquire about the 7,200 cases of disappearances. Concerning the Republic of Chechnya of the Russian Federation, the League had observed an increase in disappearances as part of a campaign of reprisal, which had been followed by pillage, destruction and arbitrary detention, among other things. In China, there was absence of the independence of the judiciary and there had been a systematic use of torture and a massive exercise of the death penalty. In Iran, the application of capital punishment against minors, the recourse to flogging, and public executions were barbaric practices.
ABDELKADER MAACHOU, of the Arab Lawyers Union, said that the Union reiterated its condemnation of 11 September and expressed its belief in the fight against terrorism - true terrorism. The treatment by the United States of prisoners of war in Guantanamo Bay and the treatment of people of Islamic faith in the country was worrying. The forces of occupation in the Middle East had not considered the inalienable rights of the Palestinian people, resulting in the death of hundreds of innocent victims. The Union supported the proposal of the full withdrawal of Israeli troops and was against threats by the United States to bomb any Arab country. Such threats were illegal and against international humanitarian law.
PAUL BEERSMANS, of the International Movement for Fraternal Union Among Races and Peoples, said that his organization was deeply worried about the prevailing situation in Jammu and Kashmir. Human rights and fundamental freedoms of the Kashmiris were being violated by foreign jehadi fighters, or holy warriors with constant support from across the border and by the Government. The jehadis had been forcing the youth to join them to fight against the security forces. The silent crowds had no other options than to obey them, as any resistance meant sure death. The jehadis imposed various restrictions on the press, educational institutions and the dress code. The security forces violated the Kashmiris' rights to privacy in the name of midnight raids and allegations of supporting terrorists. More than ten years of bloodshed and violence had proved that the gun-culture only brought destruction.
ALI ALI AL-ADHADH, of Interfaith International, said that his organization three weeks ago had received more than 70 names of Iraqi prisoners who had been executed, and since the beginning of the year information had been received about hundreds having been executed in the so-called "cleaning" of the Iraqi prisons. The Iraqi regime continued in its systematic repression against the majority Arab Shi'a, the minority Turcomen and the Kurds living outside the northern zones. The Special Rapporteur on human rights situation on Iraq had not yet received answers to his questions about human rights violations in Iraq, questions which he had been asking since 1999. The previous Special Rapporteur had been asking the same questions which had remained unanswered. Interfaith International had for a long time deplored the use of chemical weapons by Iraq against its own people, mass executions, forced displacements, and the arbitrary detention of hundreds.
MALIK OZDEN, of the Centre Europe - Tiers Monde, said following 11 September it was regrettable that the United States did not adhere to humanitarian law. Legitimate defense was only possible after the Security Council took the necessary steps to maintain law and order. The Security Council should have stopped the unilateral war on terrorism carried out by the United States. It was regrettable that the Security Council had selected to follow a path of double standards. According to several United Nations norms and principles, both the United States and the Security Council were acting against the United Nations mandate. Presumed prisoners had been submitted to inhumane and degrading treatment. What about human rights in this context? One must fight terrorism so that it could not be used as a pretext for state terrorism. The Commission was urged to look into this situation and provide guidelines to prevent such actions.
YVES LADOR, of the Earth Justice Legal Defence Fund, said that in the fall of 2000, the United States and Colombia began an intensive aerial herbicide application programme to eradicate coca and poppy crops in drug producing areas of Colombia as part of a greater anti-narcotics initiative called Plan Colombia. To date, the programme was violating human rights of Colombian and Ecuadorean peasants and indigenous people living in the affected regions. Health harms from the spraying included gastrointestinal disorders, testicular inflammation, high fevers, dizziness, respiratory ailments, skin rashes and severe eye irritation. The spraying may also have caused birth defects and miscarriages and had destroyed more than 1,500 hectares of legal food crops and fruit trees. It has also resulted in the death of livestock and contributed to massive deforestation. Consequently, the Colombian and United States Governments were depriving individuals in Colombia and Ecuador of their right to health, life, sustenance, property, inviolability of the home and family and access to information and to a secure, healthy and ecologically balanced environment.
MELANIE LE VERGER, of France Libertes: Fondation Danielle Mitterrand, said that the tragic human rights situation in Iran had been a concern to the international community for the last 20 years. Hundreds of UN reports, as well as the last two reports of the Special Rapporteur on the human rights situation in Iran, had condemned the systematic human rights violations in Iran. In his last report, the Special Rapporteur had indicated the numerous violations to which journalists, lawyers, intellectuals, dissidents, detainees, women and other minorities were subjected. The discrimination against women had been imposed by the laws and rules of the country. The violation of the fundamental freedoms by the judiciary was directly related to Iran's Constitution. The Constitution itself had restored a monopoly of the power of the "spiritual leader" on the administration of justice. No change could be possible without the reform of the Constitution and other legislation.
MICHAEL YERUSHALMI , of the American Jewish Committee, expressed concern about the human rights situation in Iran. The regime had made clear its disdain for international protocols on human rights through policies of intimidation, brutal treatment of minorities, and suppression of opposition voices. Attacks had been especially harsh on journalists and media outlets that demonstrated some measure of independence from the government. Iran's Jewish population, which stood at 80,000 at 1979 stood at 30,000 by 1999. He reminded the Commission that eight of the Shiraz Jews were still in prison. The Commission was urged to censure Iran for its persecution of religious minorities, to pressure it to release political prisoners, and to demand that Iran cease all other violations of human rights.
YADOLLAH MOHAMMADI TCHRAMI of the Organization for Defending Victims of Violence, said that the banning of the activities of some press publications persisted in Iran. There were problems in judicial procedures and unexplained reactions to the expression of views. These obstacles had reduced the growing momentum and deepening of the democratic process. In the occupied Palestinian territories, the heavily armed Israeli military had targeted the civilians in villages and cities. By tightening the economic blockade and increasing the number of road checkpoints, Israel had full control over the routes into the occupied territories and was stopping food, medical supplies and fuel from reaching the Palestinians. Israel continued to totally ignore international law and UN resolutions and continued to inflict suffering and pain and committed crimes against the Palestinian people. In Afghanistan, the domestic war and intervention of other countries in the internal affairs of Afghanistan had made it difficult for Afghan people to live in peace in their own country.
SOUSAN SAFAVERDI, of the Network of Women's NGOs in the Islamic Republic of Iran, said that there was a clear case in point for the double standard approach in the multifaceted violation of human rights in Palestine. The actions causing such pain for the Palestinians were clear examples of the organized violation of the human rights, which led to the displacement of millions of Palestinians, mass murders, discrimination, torture, kidnapping, imprisonment and occupation of land being inhabited by the Palestinians, as well as Muslims and true inhabitants of the land. The silence of the international community and the sustaining support of the western countries and the United States in particular for the Zionist regime had embodied it to shamelessly ignore the resolutions by the General Assembly and the United Nations. The western countries' refusal to condemn the Zionist regime and their accusation of the third world countries of violation of human rights, had encouraged the occupying regime of Palestine in its organized crimes against Palestinians, especially their women and children.
CLARA LOPEZ DE LETONA, of the Federacion de Asociaciones de Defense y Promocion de los Derechos Humanos, said the peoples of Equatorial Guinea had been going through the systematic violation of their human rights with total silence from the international community. The most obvious sign was the insecurity surrounding legal norms, where the population stood at a constant risk of detention. There was a deprivation of the most basic and fundamental human rights, particularly when detained. There was evidence that there were often absolutely no arrest warrants in these activities. To date, there was no information that policies had changed -- people where still being tried by military courts. The Minister of Health and Social Affairs had admitted that there was an increase of child prostitution as a result of an increase of foreigners in the country. This was against the dignity of women and children. All members of the Commission were urged to act to make this situation end, so that the people of Equatorial Guinea could know what human rights really meant.
DJELY KARIFA SAMOURA, of the African Commission of Health and Human Rights Promoters, said that the African continent was too often targeted for human rights violations. African civil society was crucial in enhancing human rights and was trying to revitalize Africa and promote human rights. Too many people and Western countries tended to believe that the African continent was a continent of all evils, a continent plagued by wars and violence. Without underestimating this, the Commission was urged to take note of the fight of African civil society against violations of human rights. Emphasis should be put on the basic rights of impoverished populations of the African continent, including the right to food, the right to drinking water, the right to a healthy environment, the right to education and the right to health, especially in the context of the AIDS epidemics - in short the right to development.
U. DELIUS, of the Society for Threatened Peoples, welcomed the first face-to-face talks in four years between the presidents of the Greek and Turkish Cypriots. At least 3,000 Cypriots had died during the offensive against and the occupation of Northern Cyprus by Turkish troops in July 1974; 180,000 Greek Cypriots and the small Armenian, Maronite and Latin-Cypriot minorities were expelled to the South. In addition, about 1,600 Greek Cypriots had been missing since the Turkish offensive. According to Turkish Cypriot opposition estimates, half the Turkish Cypriot population had emigrated due to the influx of about 100,000 Turkish citizens from Anatolia. Today, the indigenous Turkish population was only a minority in Northern Cyprus.
IVONNE PEREZ GUTIERREZ, of the World Federation of DemocraticYouth, said yet again Cuba had been accused of violating human rights. This was a yearly event in the Commission. This was an ironic accusation since Cuba had signed and ratified far more human rights instruments than either the United States or the European Union. Cuba had also cooperated with the Commission on Human Rights and always showed its care and empathy with the suffering of developing countries. An attempt had been made to condemn Cuba's economic model which included provisions of social justice. This economic model was clearly a threat to powerful Western countries. Soon there would a resolution against Cuba, yet another unfair practice by the powerful countries.
J. SARMENTO, of the Catholic Institute for International Relations, said the East Timorese judicial system needed considerable ongoing financial and capacity support from the international community. Truth and reconciliation were under way and new serious crime cases had come to light. The lack of cooperation by Indonesia in transferring suspects to East Timor, despite its undertakings in a Memorandum of Understanding, was of concern. It was hoped that Indonesia would demonstrate seriousness about bringing military perpetrators of crimes against international law and war crimes to justice. Concern also was felt about the large military presence in court during such trials. Other areas of concern included deficiencies in Indonesian legislation governing the conduct of the trials, lack of an effective witness protection programme, and a questionable process for selecting of judges to the ad hoc court which had implications for their impartiality.
MAGOMED MAGOMADOV, of the International Peace Bureau, said that after the tragic attacks of 11 September, a number of countries, such as the Russian Federation, India and Israel, under the pretext of combatting terrorism, were committing heinous crimes against the civilian populations of Chechnya, Jammu and Kashmir, and Palestine. For more than two and half years, severe human rights violations had been going on in Chechnya. War crimes in the Balkans withered when compared with the two recent military campaigns of Russia in Chechnya. The head of the Chechnyan administration appointed by the Russian President recently had expressed his regrets that Russian punitive actions were not effective enough and had called for using the Stalin-era methods of the NKVD-KGB, when people were silently taken from their homes in the night and never seen again. It seemed that the more than 4,000 Chechen citizens who had already disappeared in Russian custody were not sufficient.
B. CASTILLO, of Centro de Estudio Europeos, said the terrorist attacks against the twin towers could have been a catalyst for fighting terrorism. Instead the response had turned into hegemonic vengeance. The United States' unilateral actions under the guise of fighting international terrorism with total impunity had only led to increased threats to international security and peace. The United States was not waging a war against terrorism; if it was, it would have stopped the terrorist Israeli actions and the actions of the Miami Cuban mafia. Instead, the United States was systematically bombing Iraq and continuing its inhumane unilateral sanctions against several countries. The United States continued its policies with impunity. Unfortunately, some of the European countries that claimed to be against the resolution and embargo against Cuba still did not dare to stand up and tell the truth.
SHIRIN PERSSON, of the International Save the Children Alliance, said the right to education was a priority for Afghan children. Under the Taliban it was estimated that only 39 per cent of boys and 3 per cent of girls were able to access education. Afghanistan was the second most heavily mined country in the world, with an estimated 10 million live mines on its territory. One third of Afghanistan's 100,000 mine victims had been children -with an average of four children injured every day. The recent military action had added to the amount of unexploded ordinance. Boys and girls from the age of six were being sent to home-based factories to work long hours of the day. They were forced to work in conditions akin to bonded labour.
THEO VAN DER BROEK, of Franciscans International, said although there had been political changes in the last few years, human rights violations had actually increased in Papua. There was continued denial of freedom of expression of the Papuan people, of their rightful demands and aspirations, including the right of self-determination, which had been voiced peacefully. The Indonesian authorities had systematically responded with violence, detention and torture. Another concern was the spread of fear and intimidation caused by covert actions by members of the security forces to paralyze the movement for freedom in Papua. There had been killings and egregious accusations of "subversion" aimed at members of the Papuan Presidium Council. The Commission was urged to request the Indonesian Government, among other things, to fulfil its obligations to respect and protect human dignity by ceasing to use violence in dealing with peacefully expressed demands and to carry out an open dialogue with the Papuan people.
LAZARO PARY, of the Indian Movement "Tupaj Amaru", said for 42 years Cuba had been a victim of marginalization and harassment. The successive attempts of ten Presidents of the United States of America had been aimed at destroying the social fabric and economic system of Cuba. Several added difficulties had been suffered by the Cuban people due to other American attempts to destroy Cuba. The United States stimulated disobedience and unrest in Cuba through radio programmes which encouraged people to engage in terrorist activities within Cuba. This was in flagrant violation of the principle of non-interference in the internal affairs of another State. The situation in Iraq indicated that the oil-for-food programme had failed. Its sponsors had attempted to make a refugee camp out of a sovereign State. This had to end. The Commission was urged to force the United States to end its programmes of economic, military and political warfare.
E. BENMERZOUK, of Association tunisienne des droits de l'enfant et de la mere, said that if terrorism was taking root on the planet, it was because human beings continued to believe in absolute dogmas used to motivate their actions. The terror that had hit New York and violations of the rights of the Palestinian people were a manifestation of dogmatism, intolerance and extremism. Israeli Prime Minister Ariel Sharon, who was elected democratically, had twisted democracy, sowing horror and terror among a people fighting for their dignity by throwing stones. Paradoxically, this intolerance and extremism flourished in an environment of freedom and democracy. Extremism and intolerance had no place in the world.
JAIRO SANCHEZ, of the American Association of Jurists, said the United States, under the pretext of combatting terrorism, had been expanding considerably its military, political and repressive activities around the planet in the service of its transnational companies, particularly oil companies. From Viet Nam to Afghanistan, the United States continued to use weapons prohibited by international conventions. The Commission had clearly pronounced itself on the grave impact of the use of prohibited arms on humanity and on human rights. In Colombia, the involvement of the United States had inflamed the human rights situation; the Commission should denounce the interference of outside forces in any conflict. Similarly the Commission should denounce the inhuman consequences of the economic embargo exercised by the United States against Cuba.
GIANFRANCO ROSSI, of the International Association for Religious Freedom, said the tragic events of 11 September were a violation of human rights -- a violation of the right to life. In the last century, a huge achievement had been the United Nations Charter and the Universal Declaration of Human Rights -- guidelines that showed what all people were entitled to. However, in recent years, the world had seen the devastating effects of extremism. True religion was against war, violence and terror. In fact, all religions must promote understanding and love. One must combat terrorists in the name of religion. However, this battle would not succeed if the roots of the problem were not dealt with. At the core of the problem was religious extremism. Unfortunately, some States supported this kind of religious extremism. This led to the growth of extremist movements spreading hatred around the world. The Commission must defend a human rights system threatened by religious extremism.
M. CLAUIJA, of North-South XXI, said the Commission should pay particular attention to grave human rights violations in Bolivia. In Bolivia, the fight against peasants cultivating coca had led to clashes with security forces in recent years, resulting, among other things, in 14 deaths and more than 80 wounded. These incidents were the consequence of recent measures taken by the Government of Bolivia, under instructions from the United States, to totally eradicate coca crops. These drastic and inappropriate measures ignored not only the need for alternative crops and agricultural reforms but also the historical and cultural reality of the Andean people. The policy of the United States to extend the Colombia plan to the whole subcontinent was not only hypocritical but deadly. The Colombia Plan was a major source of human rights violations.
M. KHAN, of the European Union of Public Relations, said human rights violations were prevalent and pervasive in Pakistan, Pakistan-held Kashmir, and Gilgit Baltisan. The recently published report of the Human Rights Commission of Pakistan had clearly acknowledged widespread human rights violations, including curbing of freedom of press, freedom of speech and freedom of assembly. There had been the recent dismissal and flight from Pakistan of the editor of the daily "The News", and the firing of three of its reporters who had been following the tale of the kidnapping and killing of the Wall Street Journal reporter Daniel Pearl. The conflict in Kashmir had continuously been used by Pakistan as a way of distracting the world attention from Pakistan's own human rights abuses.
AFRIDAL DARMI, of the Netherlands Organization for International Development Cooperation, said that in a spirit of cooperation and as a sign of solidarity with the non-governmental organizations that would not be able to speak due to time limitations, he would circulate his written statement and not read it out.
S. LARDIYA, of the International Institute for Peace, said it was not by accident that the global battle against terrorists had commenced from the territory of Pakistan. Over the past decade, investigations into terrorist incidents in different countries had revealed that in some way or another the footprints of the perpetrators led to Pakistan. Despite September 11, Pakistan had not changed it spots. An endless list of perpetrators of global terrorism had found and continued to find sanctuary and refuge in Pakistan while they went about their deadly task of depriving others of their human rights.
ELIAS KHOURI, of the Union of Arab Jurists, said that since its birth in 1948 on the land of Palestine, Israel had been using terrible methods of aggression and terrorism against the people of the region and continued to usurp the lands of its neighbours to construct settlements. Israel had been committing all sorts of crimes against the Palestinian people, including collective and individual killings, destruction of houses, and confiscation of lands and properties. Israel had re-occupied Ramallah and the rest of the territories which were under Palestinian administration and had demolished the existing infrastructure. It was carrying out terror, racism and ethnic cleansing against the Palestinian people in the name of combatting terrorism.
CHULHYO KIM, of Pax Romana, said he would not speak and instead handed his written statement in.

Rights of Reply
A Representative of Ethiopia, speaking in right of reply, said Ethiopia rejected the unfounded allegations of Eritrea. As usual, these allegations did not change the facts on the ground. The truth was that there were atrocities committed against Ethiopians held in Eritrean detention camps which were not open to any international scrutiny; and there were extrajudicial killings and forced disappearances of Ethiopian citizens. Today, the whereabouts of 13,000 Ethiopians remained unknown. Although the two countries had undertaken to respect human rights, Eritrea refused to honour its agreements. The United Nations was called upon to investigate the atrocities committed by Eritrea.
A Representative of Eritrea, speaking in right of reply, said most of the issues raised by the Ethiopian delegation were matters which concerned the Security Council, and so he would not bother to answer these absolutely false charges. The United Nations Mission in Eritrea and Ethiopia (UNMEE) and the UN were able to speak themselves more convincingly of their relations with the Eritrean Government. In fact, a general understanding, anchored in goodwill, had been reached between the Government and UNMEE, without either having to compromise its position, on the matters raised by the Ethiopian delegate. Consequently, UNMEE was operating without difficulties in Eritrea and its relations with the Government were harmonious.
A Representative of Kenya, speaking in the right of reply in response to a statement made by the European Union, said contrary to what the European Union had said the human rights situation in Kenya had undergone many improvements during the last twenty years. Steps had been taken particularly with regard to the right to assembly. Many reforms had been undertaken as well to aid the human rights situation of the judiciary. Ill-treatment by law enforcement officers was not condoned in Kenya, and several police officers had been punished for such offenses. Kenya was working to guarantee a safe environment for upcoming general elections, as it consistently had since its independence and since achieving the right to vote.
A Representative of the Democratic Republic of the Congo, speaking in right of reply, said that his country was surprised by the statement delivered by the World Organization against Torture. The statement was not entirely correct. This NGO should recall that the Democratic Republic of the Congo was divided into two parts. One part was controlled by the Government and the other was occupied by Rwandan and Ugandan troops. The Special Rapporteur on the Democratic Republic of the Congo had recognized that violations were committed in rebel-held territories. The European Union also had noted that violations were perpetrated in territories controlled by rebels. The World Organization against Torture should have made this distinction in its statement.
A Representative of Armenia, speaking in right of reply, said in reference to the statement of Pakistan that he wished to underline the importance and the fragility of the process where only parties concerned were engaged. As to yesterday's statement by Azerbaijan, it was obvious that not only Armenia but each and every other delegation in this room had become tired of the charade of Azerbaijani propaganda which repeated itself from one session to another. Also, when using the term "terrorism", the Azeri representative should be reminded that his country was listed as one of the countries that was harbouring terrorists.
A Representative of Lebanon, speaking in right of reply in response to a statement made by Israel, said Israel continued to launch false accusations. Israel needed to fully withdraw from all occupied areas. There were in fact ongoing violations by the Israelis in Lebanon regarding its airspace. Yet Lebanon was continually accused of violating the "Blue Line" even though the Secretary-General himself had told the Israelis to stop their violation of the line. Israel was the only country in the world occupying a country by force and ignoring the resolutions of the United Nations, including the Commission on Human Rights. With regard to the land mines referred to, they had been planted by the Israelis -- not Lebanon. The area had been under occupation by Israel; how could Lebanon have planted the mines? Israel had information as to the location of land mines and was refusing to give it to Lebanon.
A Representative of Azerbaijan, speaking in right of reply, said the representative of Armenia should familiarize himself with the official documents under this agenda item before taking the floor. He would then be more careful in addressing the assembly. The Government of Armenia supported terrorism and horrible crimes had been committed by Armenia in the eyes of the international community.
A Representative of India, speaking in right of reply, said he regretted the unwarranted and baseless remarks about his country contained in the statement made by the Secretary-General of the Organization of the Islamic Conference this morning. India categorically rejected those remarks. The Organization would be well advised to counsel its members, at whose behest it included anti-India remarks in its statement, to put an immediate end to their proxy war of terrorism of over 20 years against India.
A Representative of Algeria, speaking in the right of reply in response to a statement made by the International Federation of Human Rights, said that at a time of international solidarity with the Palestinian people, it was most suspect to see a non-governmental organization continuing to make accusations against Algeria. He was astonished as to the attitude of this organization. He stressed to this NGO that its interest in the Algerian people was suspect. Where had the interest been during the liberation war? Generally speaking, the organization had been asked to be give its view in the past -- he was still awaiting a reply. The silence of OMCT concerning the situation in South Africa was also suspect and again, he was awaiting a response to questions asked about that NGO's role at that time.
A Representative of Iraq, speaking in right of reply, said the representative of the so-called Council of Muslim Revolution, which had committed many terrorist acts in Iraq, had spoken in a narrow way about the Iraqi people. He should instead have defended the Iraqi people and denounced the international embargo and bombing against them. Such false statements did not deserve any comment.
A Representative of Israel, responding to the Lebanese delegation, said that, as affirmed by the report of the Secretary-General, Israel had submitted a map in which the locations of landmines were indicated. With regard to the activities of Hezbollah, it was up to the Lebanese Government to assert its authority in South Lebanon. On its part, Israel would continue to defend itself from the attacks of that group.
A Representative of Colombia, speaking in right of reply in response to a statement made by a non-governmental organization, said that linking the Colombian State and the Government with paramilitary groups was ridiculous. The Government had, with support of all the organizations in the country and of the United Nations, acted in an effort to create peace. It was incredible that this project could be turned into a paramilitary project. People had been amazed at the cynicism and lack or seriousness of this non-governmental organization.
A Representative of Malaysia, speaking in right of reply, said the country's Internal Security Act was legislation sanctioned by the Parliament and was applied only when peace and unity were threatened. The ISA was preventive legislation to curb activities that threatened national security, economic livelihood, and the maintenance of essential services. Since coming into force, the ISA had helped the Government to halt activities that threatened national security and economic sustainability of the country. It had also helped to maintain national unity. Malaysians enjoyed a high level of human rights and would only be able to continue doing so if peace and order were maintained in the country. In the case presented yesterday, it was to be noted that Mohamed Ezam Noor had been charged under the Official Act for revealing classified Government information.
A Representative of Burundi, speaking in response to statements made by Spain (on behalf of the European Union), by Canada, and by the International Federation of Human Rights Leagues, said Burundi was thankful for their concern about the human rights situation of his country. However, their statements were silent about groups that were delaying peace negotiations in the country. The rebel groups had not heeded the invitations to negotiate that had been extended to them.
A Representative of Thailand, speaking in the right of reply to a statement made by Pax Romana, said Thai policy towards displaced persons was in accordance with the standards of the United Nations High Commissioner for Refugees.


CORRIGENDUM

In press release HR/CN/02/31 of 9 April, the statement of the representative of Centre Europe - Tiers Monde on page 6 of the press release should read as follows:

MALIK OZDEN, of the Centre Europe - Tiers Monde, said following 11 September it was regrettable that the United States did not adhere to humanitarian law. Legitimate defense was possible only until the Security Council took necessary steps to maintain international law and order. The Security Council should have stopped the unilateral war on terrorism carried out by the United States. It was regrettable that the Security Council had selected to follow a path of double standards. According to several United Nations norms and principles, both the United States and the Security Council were acting against the United Nations mandate. Presumed guilty prisoners had been submitted to inhumane and degrading treatment. What about human rights in this context? The fight against terrorism should not be used as a pretext for state terrorism. The Commission was urged to look into this situation and provide guidelines to prevent such actions.


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