HUMAN RIGHTS COMMISSION MARKS FIFTIETH ANNIVERSARY OF UNICEF

Press Release
HR/CN/726

HUMAN RIGHTS COMMISSION MARKS FIFTIETH ANNIVERSARY OF UNICEF

GENEVA, 2 April (UN Information Service) -- The High Commissioner for Human Rights told the Commission on Human Rights this morning of progress made in protecting children's rights, but added that grave trends in the modern world demonstrated that the century had not seen the end of evil and odious violations of their rights.

Speaking as the Commission marked the fiftieth anniversary of the creation of the United Nations Children's Fund (UNICEF), the High Commissioner, José Ayala Lasso, said the Convention on the Rights of the Child would become the first universal human rights treaty, and in a brief time -- the process of ratification began only six years ago. He appealed to the six States that have not ratified the document to do so, adding that universal ratification would be a very fitting way to mark UNICEF's fiftieth anniversary.

But despite the advances made, some problems persisted and new ones were cropping up, the High Commissioner indicated. He spoke particularly of children who were civilian victims of war and children sold for purposes of prostitution or pornography. It was fitting and necessary that the Commission had responded and was attacking those problems with specific measures. Meanwhile, the sexual exploitation of children was a growing threat, and in recent years new communication technologies, such as the Internet, had expanded the reach of such reprehensible activities. It was more necessary than ever to reinforce international cooperation and coordination in battling such abuses, and for UNICEF and the Commission to make further efforts to help the world's children in the face of these and other pressing problems.

According to Stephen Lewis, Deputy Executive Director of UNICEF, there has been a quantum leap in the rights of the child as a result of the work of the Commission. But the fiftieth anniversary of UNICEF was expressive of a dreadful symmetry: UNICEF had been born out of the conflict of the last world war; it was now struggling to re-establish the rights of the child in a new era of world conflicts. None the less, thanks to the Convention, some 2.5 million fewer children would die in 1996 than would otherwise have been the case, while millions more would be spared from disabling afflictions.

Also this morning, the Commission heard further statements on the rights of migrant workers, minorities and indigenous peoples, in addition to taking up the report of the last session of its Subcommission on Prevention of Discrimination and Protection of Minorities. The Subcommission, established in 1947, undertakes studies and makes recommendations that are often at the root of international standards for the protection of human rights. Debate at the Subcommission is largely based on the studies and reports prepared by its 26 members, who are independent experts elected by the Commission.

This morning, the representative of the United States said the Subcommission needed to be reformed. Its work should not duplicate that of the Commission. The panel needed to undertake a careful, systematic review of new challenges to human rights, and to play a new role by providing studies and research directly assisting treaty bodies such as the Committee on the Elimination of Racial Discrimination.

Also taking part in this morning's discussion were representatives of the following non-governmental organizations: International Federation of Rural Adult Catholic Movements, Centre Europe - Tiers Monde, International Indian Treaty Council, African Association of Educators for Development, Muslim World League, World Muslim Congress, All Pakistan Women's Association, World Federation of Democratic Youth, American Association of Jurists, Human Rights Advocates, International Association for Religious Freedom and the International Commission of Jurists. The delegation of Mexico exercised its right of reply.

Statement by High Commissioner for Human Rights

JOSE AYALA LASSO, United Nations High Commissioner for Human Rights, said the world adults bequeathed to their children would depend on the children adults bequeathed to the world. Children were products of the world's societies and reflected the strengths and shortcomings of those societies.

The UNICEF had been created 50 years ago in acknowledgement of that truth, and to alleviate the suffering that war had inflicted on the children of the world at that time, said the High Commissioner. Over time, UNICEF's activities had changed, but it had never ceased to keep children's well-being at the heart of its efforts.

According to Mr. Ayala Lasso, the Convention on the Rights of the Child would become the first universal human-rights treaty, and in a brief time -- it had only been six years since the process of ratification had begun. Only six States had not ratified the document; he appealed to them to join the 187 that had done so. Universal ratification would be a very fitting way to mark UNICEF's fiftieth anniversary.

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Implementing the Convention was the next challenge, he added. Everyone had a role to play. Complete participation and commitment was necessary to give the children of the world the best possible care and best possible future. He accorded the rights of the child the highest priority in his own efforts, and had developed a plan of action to that end.

Since 1993, the Committee on the Rights of the Child had considered more than 50 reports submitted to it by States parties to the Convention, and had proved to be a major partner in bringing about improved treatment of children, he went on. Sadly, grave trends in the modern world demonstrated that the century had not seen the end of evil and odious violations of the rights of children, particularly children who were civilian victims of war and children sold for purposes of prostitution or pornography. It was fitting and necessary that the Commission had responded and was attacking those two problems with specific measures. War was not a new phenomenon, but it was always taking on new dimensions, and more and more they included making civilians, including children, the targets of violence.

Similarly, the High Commissioner continued, the sexual exploitation of children was a growing threat, and in recent years new communication technologies, such as the Internet, had expanded the reach of such reprehensible activities. No continent escaped this phenomenon, and it was therefore more necessary than ever to reinforce international cooperation and coordination in battling such abuses, and for UNICEF and the Commission to make further efforts to help the world's children in the face of these and other pressing problems.

Statement by UNICEF Deputy Executive Director

STEPHEN LEWIS, UNICEF Deputy Executive Director, said the High Commissioner for Human Rights' Plan of Action was entirely supported by UNICEF, which would spare no effort to cooperate with the Plan in any way it could.

There had been a quantum leap in the rights of the child as a result of the work of the Commission, he went on. But the fiftieth anniversary of UNICEF was expressive of a dreadful symmetry: UNICEF was born out of the conflict of the last world war; it was now struggling to re-establish the rights of the child in a new era of world conflicts.

Support for the Convention had exploded: it had now been ratified by 187 States, leaving only six countries which had not become signatories, he said. But the focus had now shifted to implementation. In that regard, some notable achievements had been realized. Firstly, several countries had extended national jurisidiction in cases of child prositution and pornography so that their nationals could be prosecuted for crimes related to sex tourism.

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Secondly, new structures had been established in a large number of countries which brought together a variety of government ministries, parliamentary committees and non-governmental organizations to promote, coordinate and monitor implementation of the Convention. Thirdly, judicial and penal reform had been undertaken in several countries to improve protection and rehbailitation of children in conflict, while judges, lawyers, correctional officers, social workers and law enforcement officers were being trained on the practical application of the Concention.

By those and other measures, the perception of "needs", had now been translated into explicit "rights", he continued. They had become moral imperatives for governments and a vehicle for international solidarity for human rights which had witnessed developed countries working with developing countries to underline the major prescriptions of other human rights conventions.

The pursuit of the rights of the child was at the leading edge of human rights for the twety-first century, he added. As as result of the Convention, some 2.5 million fewer children would die in 1996 than in 1990. Millions more would be spared from disabling afflictions. What was now required were goals and targets, among other things, to put an end child labour, child sexual exploitation and the infamy of children involved in armed conflicts.

Other Statements

PIERRE MIOT, of the International Federation of Rural Adult Catholic Movements, said the situation of indigenous peoples, most of whom lived in rural areas, continued to be deplorable. Indigenous peoples thought of the earth as their mother; of the environment as sacred; and of all violations of the laws of nature and the destruction of the environment as sacrilege. Sadly, their rights were being violated in Brazil, Peru and Ecuador, as well as in numerous Asian countries, including Malaysia, Myanmar, the Philippines, India, Bangladesh and Indonesia. It was virtually impossible to enumerate the atrocities committed against indigenous peoples around the world, and it was a paradox that the violators often were governments and their agents, although it was governments who were most responsible for protecting the rights of minorities and indigenous peoples.

MARINA JIMENEZ, of Centre Europe - Tiers Monde, said the organization had a different perspective to present on the situation in Chiapas, Mexico, than that recently given by the Mexican Government at the Commission. There had been repression, summary executions, rapes, and impunity for human rights violations committed by government forces in Chiapas. The Government had cut off dialogue and begun a new offensive against the Zapatistas, including displacement of more than 20,000 persons, suspension of individual rights, and violation of land-holding that had traditionally been collective in some

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regions. Armed civilians backed by government agents roamed the area terrorizing indigenous peoples. Rather than the low-intensity war being waged by the Government, what was needed from the authorities was greater political will to promote true peace and greater respect for the human rights of indigenous peoples.

JACKIE WARLEDO, of the International Indian Treaty Council, said there was pervasive religious intolerance of indigenous religions and practices. To despoil land and natural surroundings was to break with the spiritual and to compromise the identities of indigenous peoples. The Gabrileno, Luiseno and Juaneno peoples were the original inhabitants of Los Angeles and Orange counties, for example, and the Gabrileno village of Puvunga had been sacred to them since time immemorial; yet, the little portion that still remained now was claimed by the University of California, which sought to build a mini-mall there. There were numerous other examples in the United States of commercial development despoiling sacred landscapes. There also were cases in Canada, while in Guatemala the sacred sites of the Mayan peoples had been sacked and Mayan traditional knowledge stolen and converted into commerce. States must respect the religious rights of indigenous peoples.

GHENNET GIRMA, of the African Association of Education for Development, said Africans often were discriminated against when travelling in Europe. They were stopped in airports and at borders, and were victims of various abuses while living as migrants or under conditions of asylum. Humanist values of solidarity could not make progress in the negative climate now prevailing. In some African countries, those fleeing conflict found little support and protection from neighbouring nations, and often were afraid to go back home. Governments exploited religious differences, inciting greater tensions, as did forces that sought short-term political gain from ethnic or religious conflict. Frequently, governments did not step in to stop hate-mongering. Such conflicts, and the North-South divide, must not be allowed to destabilize the African continent and create a situation of widespread religious war.

GHULAM MUHAMMAD SAFI, of the Muslim World League, said it was astonishing that the visit to India of the Special Rapporteur on religious intolerance could not materialize; the Indian authorities had changed the dates of the visit for totally inconceivable reasons. It was clear that India had a lot to hide from the international community in Jammu and Kashmir, which was recognized as a disputed territory by the United Nations, and in India, too. Conspiracies had been hatched to divide religious and ethnic communities and promote instability there in order to achieve political objectives. He urged all countries of the world to use diplomatic and economic pressure on India to bring an immediate end to the reign of State terror in Jammu and Kashmir and to restore civil and political liberties to its people.

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M. AHMAD, of the World Muslim Congress, said events in Chechnya were a consequence of misplaced nationalism, of imperialism and of political expediency. For the last 15 months, Russian soldiers had been killing civilians, burning houses and destroying livestock; the ruthlessness of their human-rights violations was stunning, as was the absence of international condemnation. There also were violations of the rights of Albanians in Kosovo, and of minorities in India. Urgent measures were needed to rehabilitate the rights of Muslims in India, including their right to sufficient and just political representation. In the kind of democracy now practised in India, the voices of minorities were drowned out by the dominant majority.

SHAMINA SHAWL, of the All Pakistan Women's Association, said that despite constitutional guarantees, the victimization of ethnic, religious and linguistic minorities continued in many parts of the world. For example, ethnic frenzy had increased in India after independence. The preamble of the Indian Constitution proclaimed India as a secular, socialist and democratic country and stated that there would be no discrimination against any person on the basis of religion, predisposition, class, creed or caste. But the military attack on the Golden Temple, trampling under its feet the holiest shrine of Sikhs; the destruction and demolition of Babri Mosque; and the general attitude towards Muslim places of worship in the territory of Jammu and Kashmir were clear demonstrations of the scant regard the Government of India paid towards other religions.

EMMANUEL DE CRITS, of the World Federation of Democratic Youth, said many historic nations had been reduced to the status of minorities in larger countries since the Second World War. The Sindh province in the south of Pakistan was once a great nation; today, the region was dominated by the Pakistani army. Despite the announced departure of the army, it had remained for decades. Many civil and constitutional rights had remained suspended, while violations such as rape, torture and summary executions continued to be committed. Natural resources were exploited ruthlessly for the benefit of the central authorities, without fair compensation to the local inhabitants. Indigenous Sindh populations must be granted their basic human rights.

MERCEDES MOYA, of the American Association of Jurists, said that there was an urgent need to promote a greater awareness of the rights of minorities. It was also necessary to translate that awareness into concrete practices leading to the protection of human rights for specific groups, particularly the descendants of Africans. The violation of the rights of those groups were characterized by a lack of social, economic and cultural rights. That phenomenon was becoming more widespread. There was very little opportunity for access to leadership posts for blacks, and areas occupied by black communities were often declared to be a no man's land. It was urgent to undertake a study on the social, economic and political situation of black

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communities in the Americas. It was time to eliminate all aspects of discrimination affecting some 200 million people in the Americas.

MARIE APPEL, of the Human Rights Advocates, said it appeared unlikely that enough States would ratify the International Convention on the Protection of the Rights of All Migrant Workers and Their Families for it to come into force. Meanwhile, violations of the rights of migrant workers continued on a massive scale. Of great concern was the existence of sweatshop conditions in the garment and manufacturing industries, where migrant workers, both legal and illegal, were extremely vulnerable. In attempts to win sewing contracts by submitting the lowest bids, employers paid meagre wages and enforced long hours and horrendous conditions on their workers. Such abuses occurred in the United States, where most workers were women from Latin American or Asian countries. There were similar abuses in China, Thailand, Central America and the Caribbean. The Commission must do more to protect such workers.

Right of Reply

ANTONIO DE ICAZA (Mexico) said the representative of Centre Europe - Tiers Monde had spoken on the situation in a portion of the state of Chiapas. The truth was that in January 1994, there was an armed conflict in four parts of the state of Chiapas, replaced after 11 days by a process of negotiation still under way. The jurisdiction of the state had been restored in the areas of conflict, without clashes or loss of life. Negotiations had already borne results, including four agreements on the rights of indigenous cultures. Accusations of violations of human rights in connection with the clashes had resulted in corresponding judicial investigations. In Mexico, there were areas of poverty and social injustice, and great efforts were being made to redress those situations in a state of peace and through democratic processes.

Report of Subcommission on Prevention of Discrimination and Protection of Minorities

This morning the Commission took up the report of its Subcommission on Prevention of Discrimination and Protection of Minorities at its forty-seventh session. The report contains two draft resolutions and 10 draft decisions for action by the Commission, ranging in subject matter from the question of human rights and states of emergency to the proposed appointment of a Special Rapporteur to conduct a study of instances of systematic rape and sexual slavery during periods of armed conflict. It also reviews 40 resolutions and 19 decisions passed by the Subcommission on its own authority.

Also before the Commission will be a Subcommission report to the Secretary-General detailing responses from 11 countries reviewing their national legislation on public emergencies to ensure that minimum humanitarian standards are respected, and including comments from specialized agencies and

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intergovernmental organizations; a report of the Subcommission Chairman reviewing highlights of the session and explaining steps taken by the group to revise its methods of work; a note by the Secretariat transmitting the final draft programme of action for the prevention of traffic in persons and the exploitation of the prostitution of others; and reports on the first and second sessions of the Board of Trustees of the United Nations Voluntary Fund on Contemporary Forms of Slavery.

Introducing the report of the Subcommission, its Chairman, IOAN MAXIM, expert from Romania, said the forty-seventh session had made progress in its work on research and studies on various essential aspects of human rights. A number of issues had been considered in depth for the first time, such as contemporary forms of slavery, freedom of movement and humanitarian activities and their effects on human rights. The rights of women were deemed so important that they were carefully considered under each agenda item.

According to Mr. MAXIM, studies prepared by members of the Subcommission included reports on adequate shelter and principles and guidelines for protection of the heritage of indigenous peoples. The Subcommission had also requested the appointment of Special Rapporteurs on the subjects of systematic rape and sexual slavery during armed conflicts; implications of United Nations humanitarian actions on human rights; and the recognition of the massive violation of human rights as an international crime.

JOE W. PITTS III (United States) said that despite its many accomplishments, the Subcommission stood in need of genuine reform. It had a tendency to take on more studies than it could reasonably expect to handle at one time, which meant that some did not benefit from adequate discussion and suffered in overall quality. The panel also needed to undertake a careful, systematic review of new challenges to human rights, and to play a new role by providing studies and research directly assisting treaty bodies such as the Committee on the Elimination of Racial Discrimination. It had all too often proposed studies that appeared to reflect the personal interests of its members without regard to more significant human rights issues. It should avoid addressing topics already on the Commission's agenda. Further, it should listen more closely to the Commission's guidance and strive to depoliticize its environment and retain its independence and expertise.

GIANFRANCO ROSSI, of the International Association for Religious Freedom, said the Subcommission's commitment to religious intolerance had declined in recent years, since it had begun to consider that issue only every other year, instead of every year. Last year, there had been only a very short discussion of the subject, and no resolutions had been passed related to that field of human rights. That was a great concern, since there were violent, worrisome trends around the world towards increasing religious intolerance and extremism. Hebrew fanaticism had been behind the

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assassination of the Israeli Prime Minister last year, and Islamic fanaticism had given rise to abhorrent terrorism. Religious matters had been a factor in the genocidal conflict in Bosnia. There were also problems with religious discrimination or extremism in India, Myanmar, Iran and Saudi Arabia.

ALEJANDRO ARTUCIO, of the International Commission of Jurists, said Colombia was suffering a crisis of human rights, including a high rate of violent homicides and great impunity. Security forces, parliamentary groups, guerrilla organizations and drug forces were, in declining order, responsible for those homicides. The Subcommission was supposed to inform the Commission on the situation in Colombia, and had suggested that if the situation had not improved, a special rapporteur might be appointed. The time had come to do that or to send a special envoy to assist Colombia overcome that crisis. Action also was needed on the law of amnesty approved in 1995 in Peru, which had been debated by the Subcommission; it bestowed unwarranted impunity on forces responsible for serious human rights violations. The Commission should appeal to Peru to renounce the amnesty law.

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