HUMAN RIGHTS COMMISSION ADOPTS MEASURES ON EASING EFFECTS OF STRUCTURAL ADJUSTMENT PROGRAMMES

12 April 1996

Press Release
HR/CN/736

HUMAN RIGHTS COMMISSION ADOPTS MEASURES ON EASING EFFECTS OF STRUCTURAL ADJUSTMENT PROGRAMMES

19960412 Also Takes Action on Right to Development, Forced Evictions, Toxic Waste

GENEVA, 11 April (UN Information Service) -- The Commission on Human Rights this afternoon approved a resolution and a decision calling for the easing of the effects of economic structural adjustment programmes and foreign debt burdens on developing countries.

These measures and resolutions related to forced evictions and the illicit movement and dumping of toxic wastes were approved on votes supported by developing countries but opposed by the United States, Canada, and European nations.

In a resolution on the effects on the full enjoyment of human rights of the economic adjustment policies arising from foreign debt, and, in particular, on the implementation of the Declaration on the Right to Development, the Commission stressed the importance of continuing immediate actions for alleviating the debt and debt-service burdens of developing countries and affirmed that debt repayments should not take precedence over the basic rights of the people of debtor countries to food, shelter, clothing, employment, health services, and a healthy environment. It also considered that a dialogue should be held to initiate "a process aimed at restructuring the international economic order, with the objective of achieving more equitable and fair relations among all nations".

In a decision on effects on the full enjoyment of human rights of structural adjustment programmes, the Commission decided to establish an open-ended working group to meet for a period of one week prior to its fifty-third session to elaborate, on the basis of the preliminary work, a set of basic policy guidelines on structural adjustment programmes and economic, social, and cultural rights.

The Commission also voted to establish a group of 10 intergovernmental experts to elaborate a strategy for the implementation and promotion of the right to development, and decided to recommend to the Economic and Social Council that it authorize holding at an appropriate date a seminar of experts to elaborate human rights guidelines related to forced evictions.

Also among the 10 resolutions and two decisions approved this afternoon were measures on human rights and the environment, the rights of migrant workers, and the promotion of tolerance and pluralism.

Following action on the draft texts before it, the Commission heard additional statements on the further promotion and encouragement of human rights and fundamental freedoms and on the United Nations programme of advisory services in the field of human rights. In connection with the latter, the Commission heard a statement from the Director of the United Nations Mission for the Verification of Human Rights and of Compliance with the Commitments of the Comprehensive Agreement on Human Rights in Guatemala (MINUGUA). The following delegations also took the floor: Italy, United States, Ukraine, Mexico, Pakistan, Iran, Amenia, Russian Federation, Brazil, Australia, Chile, Ethiopia, Canada, El Salvador, New Zealand and Belarus.

In addition, the following non-governmental organizations contributed statements: American Association of Jurists, Pax Romana, International Confederation of Free Trade Unions (ICFTU), Indian International Council of Education, Caritas International, International Movement Against All Forms of Discrimination and Racism (IMADR), Commission for the Defence of Human Rights in Central America, Asian Buddhists Conference for Peace, Latin American Federation of Associations of Relatives of Disappeared Detainees, World Organization Against Torture, World Federation of Democratic Youth, Institute for Women, Law and Development, and International Fellowship of Reconciliation,

The Commission was scheduled to meet in private session on Friday, 12 May, to consider matters under its procedure for dealing with communications relating to violations of human rights and fundamental freedoms, governed by Economic and Social Council resolution 1503 (XLVIII) of 1970. The so-called "1503 procedure" allows the Commission on Human Rights to examine particular situations which appear to reveal a consistent pattern of gross and reliably attested violations of human rights, referred to it by the Subcommission on Prevention of Discrimination and Protection of Minorities. It's next open session will be on 15 April.

Action on Draft Resolutions

In a resolution on the question of the realization in all countries of economic, social, and cultural rights, and the study of special problems which developing countries faced in their efforts to achieve those human rights (document E/CN.4/1996/L.19), adopted without a vote, the Commission welcomed the important work of the Committee on Economic, Social, and Cultural Rights in its continuing efforts to give impetus to the implementation of economic, social and cultural rights; encouraged States parties to continue to give their full support and cooperation to that Committee and to use their reporting obligations to assist in realizing such rights. The Commission also

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urged all States parties to submit their reports in a regular and timely manner; recommended that the Centre for Human Rights convene expert seminars focused on specific economic, social, and cultural rights with a view to clarifying the particular contents of these rights; invited States to draw up national action plans for improvement of the situation of these rights; and requested the Secretary-General to invite the international financial institutions to continue considering the possibility of organizing an expert seminar on the role of these institutions in the realization of economic, social, and cultural rights.

Under the terms of a resolution on effects on the full enjoyment of human rights of the economic adjustment policies arising from foreign debt, and, in particular, on the implementation of the Declaration of the Right to Development (document E/CN.4/1996/L.20), adopted by a roll-call vote with 34 in favour, 16 opposed, and 1 abstaining, the Commission stressed the importance of continuing immediate actions for alleviating the debt and debt-service burdens of developing countries; emphasized the need for additional debt-reduction measures, in particular cancellation or partial reduction of the official debt or debt service, as well as planning other possible forms and specific means to find a solution to the foreign debt of developing countries. The Commission also stressed the need for new financial flows to debtor developing countries; affirmed that debt repayments should not take precedence over the basic rights of the people of debtor countries to food, shelter, clothing, employment, health services, and a healthy environment; requested international financial institutions to report periodically to the General Assembly and the Economic and Social Council the social repercussions of their policies on the full enjoyment of economic, social, and cultural rights in developing countries.

The Commission considered that there was a need for political dialogue within the United Nations system between creditor and debtor countries, based on the principle of shared responsibility. This dialogue should contribute to the initiation of an integral process aimed at restructuring the international economic order, with the objective of achieving more equitable and fair relations among all nations. The Commission requested the Secretary-General to establish a programme unit in the Centre for Human Rights for the promotion of economic, social, and cultural rights, in particular those related to the debt burdens of developing countries and the implementation of the right to development.

In a decision on the effects on the full enjoyment of human rights of structural adjustment programmes (document E/CN.4/1996/2-E/CN.4/Sub.2/1995/51, chapter 1B, decision 5), adopted following a show-of-hands vote of 34 in favour, 16 against, and 1 abstention, the Commission decided to establish an open-ended working group to meet for a period of one week prior to its fifty-third session to elaborate, on the basis of the preliminary policy guidelines on structural adjustment programmes in document

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E/CN.4/Sub.2/1995/10, and in close cooperation with the Committee on Economic, Social, and Cultural Rights, policy guidelines on the subject-matter; and it recommended a draft decision to that effect to the Economic and Social Council.

Through a decision on forced evictions (document E/CN.4/1996/L.21), the Commission, bearing in mind the work of other United Nations bodies on this issue, notably that of the United Nations Centre for Human Settlements (Habitat), and mindful of the need to avoid unnecessary duplication, would have decided to request the Subcommission on Prevention of Discrimination and Protection of Minorities to reconsider, in light of the conclusions of the Second United Nations Conference on Human Settlements (Habitat II) to be held in Istanbul in June 1996, its recommendation to convene an expert seminar on the practice of forced evictions. The Commission adopted an oral amendment to the decision by a show-of-hands vote of 20 in favour, 18 against and 11 abstentions.

Following amendment of the draft, Canada, the United States, the Netherlands, Germany, the United Kingdom and Japan withdrew their sponsorship of the text. Through the decision as adopted, by a show-of-hands vote of 22 in favour, 18 against and 9 abstentions (document E/CN.4/1996/L.21/Rev.1), the Commission decided to recommend to the Economic and Social Council that, bearing in mind the conclusions of Habitat II, that it authorize, once Habitat II is held, a seminar of experts on the practice of forced evictions with a view to elaborating complete guidelines for human rights in connection with development-based displacements.

Under a resolution on human rights and the environment (document E/CN.4/1996/L.32), the Commission decided, without a vote, to continue its consideration of the issue at its fifty-third session under the agenda item entitled, "Question of the realization in all countries of the economic, social and cultural rights contained in the Universal Declaration of Human Rights and in the International Covenant on Economic, Social and Cultural Rights, and study of special problems which the developing countries face in their efforts to achieve these human rights, including: foreign debt, economic adjustment policies and their effect on the full enjoyment of human rights and, in particular, on the implementation of the Declaration on the Right to Development".

In a resolution on the adverse effects of the illicit movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights (document E/CN.4/1996/L.17/Rev.1), adopted by a roll call vote of 32 in favour, 16 against, with 3 abstentions, the Commission noted with grave concern that the increasing rate of illicit dumping of toxic and dangerous substances and wastes in developing countries continued adversely to affect the human rights to life and health of individuals of those countries; urged

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all Governments to take legislative and other appropriate measures with a view to preventing illegal traffic in such products and wastes.

The Commission also invited the United Nations Environment Programme and the Secretariat for the Basel Convention, the International Labour Office, the World Health Organization, the International Atomic Energy Agency, the Organization of African Unity, and other regional organizations to intensify their cooperation and assistance on environmentally sound management of toxic chemicals and hazardous wastes; urged the international community to give appropriate support to developing countries, upon their request, in their efforts to control the transboundary movement and dumping of toxic and dangerous products and wastes; and requested the Special Rapporteur on the topic, in preparing her next report, to include information on countries and enterprises, including transnational corporations, engaged in the illicit movement and dumping of toxic and dangerous products and wastes in African and other developing countries.

PAULO TORELLA DI ROMAGNANO (Italy), speaking on behalf of member States of the European Union, said he wished to reaffirm the Union's preoccupation with the transport of dangerous products and wastes. However, international conventions already existed for addressing the problem. The priority of the international community should be to put into effect the relevant international instruments. Given the limited resources of the Commission, it should not be diverted from its primary purpose. Moreover, it was noted that the Special Rapporteur on the question of the adverse effects of the illicit movement of toxic materials had not consulted the Secretariat of the Basel Convention, which was the main source of information in that area. Therefore, the European Union would oppose the resolution on the question.

GERALDINE FERRARO (United States) said that although her country was very sensitive to the subject of toxic wastes, the Commission was not the appropriate forum for discussion of that issue. Moreover, the sponsors of the resolution had not sought the cooperation of other member States in drafting it. Furthermore, the Special Rapporteur had not consulted the Secretariat of the Basel Convention or availed herself of valuable information.

VOLODYMYR VASSYLENKO (Ukraine), explaining his delegation's vote on the draft on the dumping of toxic wastes, said it would like to associate itself with the position of the European Union. Ukraine also wished to point to the unbalanced nature of the proposed resolution, as it did not cover the illicit dumping of toxic wastes in other parts of the world.

DOLORES JIMENEZ (Mexico) speaking before the vote, said his delegation would vote in favour of the draft resolution because Mexico opposed the export of toxic waste. None the less, Mexico considered it appropriate to avoid scattering discussion of the issue in different fora; that was a duplication of effort.

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In a resolution on the right to development (document E/CN.4/1996/L.23/Rev.1), adopted by consensus, the Commission urged States to pursue the implementation of comprehensive development programmes; invited States to submit to the United Nations High Commissioner for Human Rights voluntary reports on progress and steps taken; invited regional commissions, relevant treaty bodies, and appropriate specialized agencies of the United Nations to consider examining, within the scopes of their mandates, the proper means for contributing to implementation of the right to development; recommended that the Economic and Social Council consider how best to promote system-wide action to promote the right to development. It decided to establish a group of 10 intergovernmental experts, to be appointed on the basis of geographical representation in consultation with regional groups, to elaborate a strategy for the implementation and promotion of the right to development. Such a group would be established for a two-year period and would work to elaborate concrete and practical measures on the right to development; it would submit a progress report to the Commission at its fifty-third session.

GERALDINE FERRARO (United States) said her delegation had joined the consensus on resolution L.23/Rev.1 but with misgivings. Her Government had repeatedly stated that "democracy was the key to development". Only through the careful nurturing of democratic values and institutions could individuals achieve their full potential and realize the right to development. If governments were not prepared to provide the internal conditions needed for all human rights to flourish, it was not surprising that the right to development continued to be unfulfilled.

In a resolution on the status of the International Covenants on Human Rights (document E/CN.4/1996/L.15), adopted without a vote, the Commission appealed strongly to all States that had not yet become parties to the International Covenant on Economic, Social, and Cultural Rights and the International Covenant on Civil and Political Rights to do so, as well as to accede to the Optional Protocols to the Covenant on Civil and Political Rights; emphasized the importance of the strictest compliance by States parties with their obligations under the International Covenants; encouraged States to consider limiting the extent of any reservations to the International Covenants; stressed to States parties the importance of avoiding the erosion of human rights by derogation, and underlined the need for States parties to provide full and timely information during states of emergency so that the justification and appropriateness of measure taken in those circumstances could be assessed.

The Commission also urged States parties to fulfil in good time their reporting obligations under the International Covenants on Human Rights; invited States parties to give particular attention to dissemination at the national level of the reports they have submitted to these Committees; and requested the Secretary-General to provide the Human Rights Committee and the

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Committee on Economic, Social, and Cultural Rights with additional means to deal effectively and in a timely manner with the increased workload they faced.

Through a resolution on violence against women migrant workers (document E/CN.4/1996/L.25), adopted by consensus, the Commission called upon States to adopt measures for the effective implementation of the Declaration on the Elimination of Violence against Women, including applying them to women migrant workers; encouraged States to enact or reinforce penal, civil, labour, and administrative sanctions to punish and redress wrongs done to women and girls subjected to any form of violence, and to adopt or implement and periodically to review and analyze legislation to ensure its effectiveness, emphasizing the prevention of violence and including compensation and indemnification and healing of victims. The Commission encouraged States to consider signing and ratifying the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, as well as the Slavery Convention.

Under the terms of a resolution on the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (document E/CN.4/1996/L.27), adopted without a vote, the Commission called upon all Member States to consider the possibility of signing and ratifying or acceding to the Convention as a matter of priority. The panel urged countries of destination to review and adopt appropriate measures to prevent the excessive use of force and to ensure that their police forces and competent migration authorities complied with the basic standards relating to the decent treatment of migrant workers and their families through the organization of training course on human rights.

Through a resolution on tolerance and pluralism as indivisible elements in the promotion and protection of human rights (document E/CN.4/1996/L.26), adopted by consensus, the Commission called upon States to promote and enhance tolerance, coexistence and harmonious relations between ethnic, religious, linguistic, and other groups and to ensure that the values of pluralism, respect for diversity and non-discrimination were promoted effectively; condemned all violent acts and activities that infringed upon human rights and fundamental freedoms, democracy, tolerance, and pluralism. The Commission also urged States to take steps to counter all manifestations of hatred, intolerance, and acts of violence, intimidation and coercion motivated by religious extremism and intolerance of religion or belief; called upon States to promote a culture conducive to tolerance.

Under a resolution on the rights of persons belonging to national or ethnic, religious and linguistic minorities (document E/CN.4/1996/L.34), adopted without a vote, the Commission urged States and the international community to ensure these rights, as set out in the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic

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Minorities, including through the facilitation of their full participation in all aspects of the political, economic, social religious and cultural life of society and in the economic progress and development of their country. It further urged all treaty bodies and special representatives, special rapporteurs and working groups of the Commission to continue to give due regard, within their respective mandates, to the promotion and protection of the rights of persons belonging to minorities.

A. S. BABAR HASHMI (Pakistan) said his delegation would have wished to include amendments to draft resolution L.34, not least to make reference to the prevention of war, the maintenance of peace and the protection of religious sites and shrines. It had not had the opportunity to discuss its concerns with the co-sponsors, but it would not formally press for amendments so as not to create difficulties. Pakistan was confident that amendments would be included when the resolution came before the General Assembly or the next session of the Commission.

Advisory Services in Human Rights Field and Further Encouragement and Promotion of Human Rights and Fundamental Freedoms

The Commission on Human Rights continued this afternoon to discuss the provision of advisory services in the field of human rights and the further promotion and encouragement of human rights and fundamental freedom. Under the former, the panel is examining in particular the situations in Guatemala, Cambodia, Haiti, Somalia and Togo in the context of the assistance these countries are receiving from the United Nations in the human rights field.

With regard to the further promotion and encouragement of human rights and fundamental freedoms, the Commission has been discussing the questions of violence against women; the role of national institutions for the protection of human rights; the effects of terrorism on the enjoyment of human rights; human rights and HIV/AIDS; human rights and unilateral coercive measures; arrangements for the promotion and protection of human rights in the Asian and Pacific region; the United Nations Decade for Human Rights Education; internally displaced persons, and human rights and mass exoduses.

Concerning Guatemala, the Commission heard the Director of the United Nations Mission for the Verification of Human Rights and of Compliance with the Commitments of the Comprehensive Agreement on Human Rights in Guatemala (MINUGUA) introduce his fourth report, contained in a note by the Secretary-General to the General Assembly (document A/50/878). The report covers the period from 21 August to 31 December 1995. It also contains general conclusions on the year of work since the Mission was set up on 21 November 1994.

According to the report, during the period from 21 August to 31 December 1995, the Mission received nearly 3,000 complaints, 368 of which were admitted

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for verification. Compared with the previous, three-month, period, there was a 39 per cent increase in the number of complaints received and a 12.3 per cent reduction in the number admitted. In 62 of the 368 cases admitted during this period, it was established that a human rights violation had occurred.

Among the cases covered in the report is the Xamán tragedy on 5 October 1995, described by the Mission as the gravest incident since its establishment, which led directly to the resignation of the Minister of Defence. On that date, 25 members of a military patrol entered the "Aurora 8 de Octubre" returnee community in the village of Xamán, province of Alta Verapaz. The tense situation which this created culminated in the deaths of 11 members of the community, including two children, at the hands of the patrol. Thirty people were injured, including three soldiers who were wounded by their fellow soldiers. The Mission's rapid arrival on the scene and the various verifications carried out immediately enabled the Mission to issue a public report on 10 October finding that members of the military patrol had committed serious violations of the right to life by deliberately opening fire on the members of the community; however, there is no evidence that the violation was planned at a higher level.

In the report, the Mission reaffirms its conviction that impunity was the main obstacle to the enjoyment of human rights and that its persistence was attributable basically to the absence of a State policy for combating it. Verification allows the Mission to conclude that, over the course of the year, serious violations of human rights were also committed in the context of the armed conflict and that the need to end the suffering of the civilian population was ignored, especially as a result of actions by members of the Unidad Revolucionaria Nacional Guatemalteca (URNG) which also went unpunished. Thus, both the Government of Guatemala and the General Command of URNG are responsible, by act or omission, for the human rights violations and the failure to fulfil the commitments of the Comprehensive Agreement. Nevertheless, verification also allows it to conclude that, during the period referred to in this section, both the Government and URNG took some positive steps which amount to progress in complying with a number of commitments in the Comprehensive Agreement.

Among the Mission's recommendations is that the Government should promote, as a matter of the utmost priority, a comprehensive policy against impunity that is binding on the various authorities of the State and on civil society. The Mission also recommends to the General Command of URNG to refrain from causing unnecessary injury to persons and damage to property, taking care not to create additional risks to life during attacks on military targets or during propaganda activities; respect the rights of the wounded and due assistance to the wounded; and restrict the use of mines or explosive devices in locations where this would put the civilian population at risk.

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LEONARDO FRANCO, Director of MINUGUA, said the Mission had helped to defuse conflicts and to establish channels of communication between opposing sectors of Guatemalan society. Non-governmental organizations and others had helped focus attention on human rights issues in the country. But while the long-term outlook was promising, it was necessary not to lose sight of the fact that there were still serious obstacles to the realization of human rights in Guatemala.

Statements

ALEJANDRO TEITELBAUM, of the American Association of Jurists (AAJ), said a number of sources had testified that the human rights situation in Guatemala had shown no sign of improvement. The AAJ had sent a mission to ascertain the situation regarding the administration of justice and the treatment of political prisoners in Guatemala. The mission had concluded that the authorities recognized that there were deficiencies in material and human resources that impeded the full exercise of the right of detainees, but they denied the existence of political prisoners. Lawyers who had tried to defend political prisoners had been threatened in a number of ways; others had ceased their activities because of fear of reprisals. The confidence of the Commission in the Guatemalan authorities had not been justified and should therefore not be further extended.

Turning to the question of violence against women in the home, he said this issue had been given insufficient consideration. The AAJ suggested that the Special Rapporteur on violence against women might study the link between poverty and the causes of violence in the home.

JUAN GERARDI, of Pax Romana, said the situation in Guatemala reflected a picture of authoritarianism and impunity. Among other problems, "social cleansing" had continued during 1995. Although a new era of reforms had begun in 1996 with the new Government, impunity persisted. Several institutions and citizens had undertaken a valiant struggle to bring the perpetrators of human rights violations to justice. What was required was vigilance, investigation and assistance. Moreover, the mandate of the independent expert on Guatemala should be extended.

DAN CUNNIAH, of the International Confederation of Free Trade Unions (ICFTU), said many millions of the workers the ICFTU represented were women; hence, the group was concerned about violence against women. What was needed was strong follow-up to the measures intended to protect women workers from exploitation, discrimination, and violence endorsed by the Fourth World Conference on Women held in Beijing last year.

Violence could be subtle as well as obvious, the speaker continued. Export-processing zones where some women worked, such as in El Salvador, often isolated women workers behind fences and border barriers. Also, sexual and

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physical harassment were common. Trade unions often were banned in law or in practice. In other parts of the world, such as in the Middle East, women migrant domestic workers were extremely isolated and vulnerable to violence and abuse, including physical assault and rape. The Special Rapporteur on violence against women should continue to focus on problems of women migrant workers.

VIJAY KUMAR KAUL, of the Indian International Council of Education, said there were an estimated 24 million persons in the world today who fitted the description of internally displaced people, having sought refuge in their own countries. They often outnumbered those who fell within the traditional definition of a refugee. They had the same protection requirements, but at present no international organization had a mandate to deal with that category of unfortunate people. Such displaced persons, unfortunately, were on the increase. In India, for instance over 4,500,000 Kashmiris had been rendered homeless by terrorism and were leading a difficult life as refugees in their own country. Those terrorist activities were mostly being conducted by mercenaries sponsored from across the borders.

MARY TOM, of Caritas International, commended the work of the Representative of the Secretary-General on internally displaced persons, Francis Deng, and said that his dialogue with governments constituted the most concrete aspect of his mandate. Conditions of peace, security and stability were essential if people were to return to their homes. Reconstruction was inconceivable in a hostile environment. Political solutions should be found and binding obligations had to be respected with a firmer commitment to peace was called for by all parties involved.

ATSUKO TANAKA, of the International Movement Against all Forms of Discrimination and Racism (IMADR), referring to the issue of military sexual slavery in wartime, said it was regrettable that the Japanese Government refused to acknowledge its obligation to compensate the victims, arguing that an individual could not be a subject of rights under international law. IMADR supported the distinction made by Special Rapporteur Radhika Coomaraswamy between legal responsibility and moral concern; the eradication of all cultural and structural causes of this sexual slavery -- the worst combination of gender-based violence and racism -- should be not only of moral concern but also the legal responsibility of the international community as a whole.

FALTOR MENDEZ, of the Commission for the Defence of Human Rights in Central America, considered that the regime of sanctions imposed against Cuba by the United States, a coercive unilateral measure, violated international human rights norms and hampered the effective enjoyment of the human rights and fundamental freedoms by the Cuban people.

Turning to the situation in Guatemala, he said the major activities of the Guatemalan human rights prosecutor were limited by various factors,

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including the armed conflict, political intolerance and administrative corruption.

MOHAMMED ARIF AAJAKIA, of the Asian Buddhists Conference for Peace, said the civilian populations of Karachi and other cities of Sindh Province in Pakistan had been without their basic human rights and fundamental freedoms for nearly four years; they continued to live in a state of siege. At the same time, the Mohajir nation was being denied any political participation and suffered economic impoverishment through the deliberate polices of the Government of Pakistan. In spite of the gradual erosion and usurping of their economic, social and political rights by the Government of Pakistan, the Mohajirs remained patriotic and law-abiding. The Mohajir Quami Movement (MQM) stood for restoration of the political, social and economic rights of all Pakistanis and wanted to democratize and reform the outdated and corrupt feudal political system in the country.

HERMANA NOHEMI PALENCIA, of the Latin American Federation of Associations of Relatives of Disappeared Detainees, said that in Peru and Colombia the number of displaced persons constituted 3 to 4 per cent of the whole population. Civilian populations in the combat zones were the most exposed to displacement. The presence of paramilitary groups in Colombia had hampered the return of displaced persons to their homes because of violence committed against those who had already returned. In all cases, women and children suffered the most in situations of displacement in the region; there was no effective mechanism to guarantee the safe return of displaced persons. In Guatemala, the United Nations human rights mission should not be dismantled before a solution was found to the problem of displaced persons in that country.

DANIELA BAGOZZI, of the World Organization Against Torture, said the three most evident forms of female specific violence were war-related sexual violence; violence permitted by law as a form of punishment for women who did not follow certain social or customary rules; and violence related to birth control policies. But there were also many forms of non-gender specific violence and ill-treatment which struck more forcibly and viciously against women. She urged greater participation by women in the Committee against Torture; the establishment of sustained collaboration between the Special Rapporteurs on torture and on violence against women; and the designation of a special day devoted to female-specific forms of torture during the sessions of the Committee. Moreover, the mandate of the Special Rapporteur on violence against women should be renewed after its expiration in 1997.

IVAN CASTRO, of the World Federation of Democratic Youth, said the advisory assistance rendered by the United Nations Centre for Human Rights to Colombia from 1988 to 1992 had not impeded the abduction and assassination of political opposition figures. That was well illustrated by the murder on 9 August 1994 of Manuel Cepeda, Senator of the Republic of Colombia for the

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Patriotic Union political party. Despite the cooperation of the international community, the human rights situation in Colombia had not shown major improvement. What was more, the recommendations made by United Nations since 1988 were not observed by Colombian authorities in a satisfactory manner.

MARGARET SCHULER, of the Institute for Women, Law and Development, said multiple strategies were necessary to address the problem of domestic violence. Strategies addressing the needs of the victims and tackling the underlying values of society were crucial in redressing and preventing domestic violence. Legal reform must also be part of any multi-pronged strategy. While more rigorous application and enforcement of current laws designed to protect women from domestic violence and punish perpetrators would be a significant improvement, most existing laws were too limited both in structure and in substance to address domestic violence effectively. In any case, adopting legislation alone was not enough. Sufficient financial and structural support were also required in the long term to adequately realize the provisions of legislation.

ETSURO TOTSUKA, of the International Fellowship of Reconciliation, said Japan claimed that, regarding the issue of reparations to "comfort women", the San Francisco Peace Treaty, bilateral treaties and other relevant international agreements finally and completely settled the issue. But the Special Rapporteur on violence against women, in her report on military sexual slavery by Japan (document E/CN.4/1996/53/Add.1), did not take this view and said the Japanese Government remained legally responsible for the consequent violations of international humanitarian law. And for the women victims of Taiwan, there existed no treaty which effectively denied the demands made by the victims.

MASSOUMEH EBTEKAR said the Network of Non-governmental Organizations of Iranian Women, which she represented, had focused on the empowerment of women and the enhancement of their status in Iranian society by ensuring their participation in decision-making processes as well as their enjoyment of equal access to education, health and employment. The Network had also as an objective countering all forms of violence against women, although the incidence of social and media-propagated violence was actually very low in Iran. There existed no contradiction between divine religious teachings and the empowerment of women. Empirical evidence suggested that in societies where religious and moral values prevailed and responsible partnership was promoted, the incidence of violence decreased.

VLADIMIR KARMIRSHALIAN, representing the Armenian Centre for Human Rights, said the recent establishment of the Centre in his country was a significant step in the realization of human rights; however, for historical reasons it was not yet possible to completely guarantee human rights. For example, civil servants did not have sufficient knowledge in that regard. Many judges and lawyers had been educated under Soviet rule. None the less,

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everything was being done by the Government that could be done, and the Centre had been acting in accordance with United Nations international conventions and instruments. Its task was to disseminate knowledge and obtain legal or advisory assistance from a variety of sources for the citizens of Armenia. Working contacts had been established with international bodies, such as the United Nations Educational, Social and Cultural Organization, the International Committee of the Red Cross and the Norwegian Committee for Refugees.

PAULO TORELLA DI ROMAGNANO (Italy), speaking on behalf of the European Union, said there was a need to ensure that advisory services drew on the reports of treaty bodies in order to guarantee that recommendations pertaining to the implementation of human rights treaties were duly taken into consideration. Massive human rights violations had been, and continued to be, a major cause of internal conflicts; technical assistance was an indispensable elements of proactive policies aiming at preventing such violations. Rwanda was a sad example of a situation in which early technical assistance in the field of human rights, together with other appropriate measures, might have prevented the worst. The special meeting on Burundi of 27 March had given the Commission the opportunity to stress the importance of preventive action, including through supporting the High Commissioner and the Centre for Human Rights in the programme of technical assistance to that country.

SERGUEI TCHUMAREV (Russian Federation) said the success of programmes of technical services offered by the Centre for Human Rights owed much to recent efforts to improve the efficiency of the Centre. Equally, such success would not have been possible without the cooperation of States in receiving technical assistance. Undoubtedly, the programme of advisory services must be given additional human resources and, in that respect, it could count on the Russian Federation's support. Regrettably, because of the replacement of the coordinator in the Centre working with the Russian Federation, his Government had been unable to commence implementation of any programmes. He called for a free flow of information from the Centre to Member States.

MARIA PINHEIRO PENNA DE MELLO BARRETO (Brazil) said her Government had announced on 8 March its intention to submit to Congress a bill to adequately address the issue of violence against women. The bill would include, among other things, amendments to the Criminal Code in order to reclassify rape, which would no longer be a "crime against moral and customs", but a crime against the human person, with far more severe sanctions. The Congress had already defined a quota that assured the participation of women in elections: at least fifteen per cent of the of candidates for each party would have to be women. In accordance with the recommendations on reproductive health of the world conferences in Cairo and Beijing, the Government had submitted a bill, subsequently approved by Congress, that guaranteed the incorporation of reproductive health and reproductive rights in all health services offered by the State.

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GENEVIEVE HAMILTON (Australia) said the Commission must provide for the participation in its deliberations of national institutions on a basis separate from that of the Government delegations of the countries in which they were located. In the Asia-Pacific Region, the establishment of national human rights institutions would continue to provide momentum towards the development of regional arrangements for the promotion and protection of human rights. She also underlined Australia's commitment to working towards the elimination of violence against women.

JAIME ERPEL (Chile) underlined the importance of advisory and financial assistance given by the Centre for Human Rights in promoting and protecting human rights. He said such cooperation had a great impact in human development and had encouraged recipient countries to pay more attention to the human rights of their citizens. However, the assistance was found to be inadequate to meet the growing needs of countries seeking to promote their human rights. Countries should implement the elements of the advisory and financial assistance they received in good faith. There was also the need to ensure transparency and not to distort the purpose of the cooperation in the field of advisory and financial assistance.

COLIN WILLIS (Australia) said any restructuring of the Centre for Human Rights should ensure that its capacity to deliver effective advisory services and technical cooperation was in no way diminished.

Mr. Willis announced that Australia would shortly contribute a further 80,000 Australian dollars to the Voluntary Fund for Technical Cooperation. Regarding Cambodia, he said the task of building the infrastructure necessary to sustain improved observance of human rights in that country would require a steady commitment over many years. The process of developing Cambodia's ability to promote and protect the human rights of its citizens was of critical importance. Although progress had been made in strengthening the human rights infrastructure, there was still much to be concerned about there. In particular, Australia was concerned about reports of violence and intimidation directed at minor political parties and their supporters; there should be no impediments to the formation of any political party, irrespective of its political complexion.

ADELE DION (Canada) urged members of the Commission to make particular efforts to follow up on their commitments: to ratify all international human rights instruments and to withdraw reservations to those instruments, particularly reservations regarding the human rights of women, and specifically the Convention on the Elimination of all Forms of Discrimination Against Women; to comply with the reporting requirements of the various human rights instruments and to ensure the inclusion of gender-specific information as it pertained to them; and to move to ensure that legislation addressed domestic violence. Canada hoped to build on the commitments made at the Fourth World Conference on Women to advance the essential process of ensuring

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that the human rights of over fifty per cent of the world's population were accorded equal weight and due consideration by the principal human rights mechanisms for which the Commission was responsible.

MARGARITA ESCOBAR (El Salvador) said progress was being made in El Salvador concerning the rights of women, but haltingly. Women's rights were an integral part of human rights and the international community must take every measure to guarantee them. The Special Rapporteur on violence against women had confirmed that this was a scourge which existed in all parts of the world. She had worked with diligence and dedication and El Salvador commended her excellent report (document E/CN.4/1996/53 and Add. 1). The Special Rapporteur had called for States to adopt legislation to eliminate violence against women. In that respect El Salvador had made progress by entering into the Inter-American Convention for the Elimination of Violence against Women of the Organization of American States; that instrument now took precedence of national law.

PETER HOSKING (New Zealand) said it gave him great pleasure to address the Commission as the Proceedings Commissioner of the New Zealand Human Rights Commission. Promoting human rights education was a major role of a national institution, a responsibility which New Zealand Human Rights Commission and others in the region strived to fulfil with finite resources but much commitment. He acknowledged particularly the contribution being made by the Centre for Human Rights. The Technical Co-operation Programme to assist in the establishment and strengthening of national institutions, with the creative input of the High Commissioner's Special Adviser, was generating significant progress, especially in the Asia Pacific region. Clearly much was being achieved. The value of the role national institutions played in protecting and promoting human rights has been clearly demonstrated. They ensured that citizens possessed a means of having their complaints investigated by a body independent of Government. And they also provided a means of promoting awareness within countries of the fundamental importance of respect for human rights.

STANISLAU AGURTSOU (Belarus) said the Commission had made a tremendous contribution to the promotion of human rights, but it was clear that it had reached a point where the need for reform was overwhelming. There was no longer any ideological confrontation -- the world had changed. However, there had been no commensurate change in the methods of work of the Commission. In reformulating the agenda, it was necessary to include new questions relating to current issues and to delete items left from the past. A partial solution might be the holding of more open-ended meetings; in addition, the Centre for Human Rights needed to able to respond more rapidly to current concerns.

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