ISR"L DEFENDS ACTIONS IN LEBANON BEFORE HUMAN RIGHTS COMMISSION

Press Release
HR/CN/744

ISRAEL DEFENDS ACTIONS IN LEBANON BEFORE HUMAN RIGHTS COMMISSION

GENEVA, 18 April (UN Information Service) -- Israel would halt its ongoing operations against Hezbollah when that group stopped lobbing Katyusha rockets into the north of the country, a representative of Israel told the Commission on Human Rights this afternoon.

The delegate said Israel had exercised considerable restraint in the face of the mounting provocations inspired, financed and equipped by Iran with the declared intent of undermining the peace process and, if possible, Israel itself. Israel demanded that the Government of Lebanon take control of the Hezbollah terrorists and prevent them from attacking Israeli civilians, he added.

Israel addressed the Commission during its debate on the question of human rights violations anywhere in the world, under which the situation in southern Lebanon and the Bekaa was considered. At the outset of this afternoon's meeting, the representative of Jordan said events in Lebanon were tremendously alarming and could seriously threaten the cause of peace in the region. Just as it abhorred the sight of innocent Israeli civilians being killed by indiscriminate bombings last month, Jordan hated just as much seeing innocent children and civilians being killed in Lebanon as a result of indiscriminate Israeli military bombardment, he said. Meanwhile, the representative of Syria urged the Commission to condemn what he called Israel's continued and premeditated violation of human rights, international law and international humanitarian law.

The Commission also went on to discuss children's rights, listening to statements from its Special Rapporteur on the sale of children, the Chairman-Rapporteur of the working group on a draft optional protocol to the Convention on the Rights of the Child on the involvement of children in armed conflicts, and the Chairman-Rapporteur of the working group on a draft optional protocol to that Convention on the sale of children, child prostitution, and child pornography.

Debate was shortly suspended this afternoon to allow the Commission to hear an address by the Vice-President of Bolivia, Victor Hugo Cardenas, who said his country had left behind its history of political instability, enjoying democracy for the past 14 years. The challenge now was to maintain

macro-economic stability while achieving results that would be felt in the pockets and stomachs of the families, indigenous communities and urban dwellers of the country -- a challenge that was being met, he added.

Participating in this afternoon's debates were the delegations from Jordan, Syria, Rwanda, Iran, Gambia, Israel, Myanmar, Albania, Azerbaijan and Afghanistan.

Also, representatives of the following non-governmental organizations contributed statements: International Prison Watch, Arab Organization for Human Rights, Friends World Committee for Consultation (Quakers), Regional Council for Human Rights in Asia, Angelican Consultative Council, African Association of Education for Development, World View International Foundation, Survival International, International Federation of Human Rights League, Andean Commission of Jurists, International Association Against Torture, World Federation of Democratic Youth, World Council of Churches and World confederation of Labour. The representatives of the United Nations Population Fund, United Nations Educational Scientific and Cultural Organization and the International Committee of the Red Cross also took the floor.

The delegations of Angola, Iran, Turkey, India, Afghanistan Cyprus, Lebanon, China, Cuba, Iraq, Greece, Pakistan and Kuwait exercised their right of reply.

Statement by Vice-President of Bolivia

VICTOR HUGO CARDENAS, Vice-President of Bolivia, said his country had left behind its history of political instability and for the past 14 years had enjoyed democratic life. There were also encouraging macroeconomic indicators -- a 4.5 per cent annual growth rate and single-digit inflation. The challenge now was to maintain macroeconomic stability while achieving results that would be felt in the pockets and stomachs of the families, indigenous communities and urban dwellers of the country.

To take up that challenge, he went on, Bolivia had begun a process of political and economic democratization two years ago. Political democratization was being accomplished through administrative decentralization and popular participation. Legislative reform had increased the number of municipal governments to 311 from 20, and had resulted in an expansion of the powers of those local bodies. Now, popular authorities and groups, indigenous or not, were recognized, in the framework of International Labour Organisation Convention 169.

Changes in the last 14 years meant that indigenous men and women could now vote and be elected to office, he said. As a result of municipal

- 3 - Press Release HR/CN/744 23 April 1996

elections held last December, around 35 per cent of all mayors and municipal councillors were indigenous. A National Committee for Indigenous People had been set up now in the last two years.

He reiterated his Government's commitment to work for the goals of the International Decade of the World's Indigenous People. A national committee on the Decade had already been formed. Bolivia's indigenous peoples had bet on democracy, not to brush over inequalities but to overcome them. The country sought a synthesis of the best democratic traditions of the West with those of the indigenous peoples. Bolivia also supported approval of the draft declaration on the rights of indigenous peoples.

He was conscious of the enormous responsibility he bore as the first indigenous person to hold such a high Government post in Bolivia, he said. Bolivia hoped this was the first firm step to demonstrate that indigenous peoples could and should share in the governance of their countries.

Statements in Debate

ABDALLAH MADADHA (Jordan) said Jordan had always been known to practice moderation and follow reason in the most difficult circumstances, even at times when that approach was quite costly. Unfortunately, events in Lebanon were tremendously alarming and could seriously threaten the cause of peace in the region. Jordan had always condemned the killing of innocent civilians by any party and under any pretext. Just as much as it abhorred the sight of innocent Israeli civilians being killed by indiscriminate bombings last month, it hated seeing innocent children and civilians being killed in Lebanon as a result of indiscriminate Israeli military bombardment. The majority of peoples of the region had been terrorized for decades -- the terror of war, bombardment, repression, bullets and bombs. Peace and war could not co-exist. Peace and occupation could not be reconciled. Only an end to occupation through the achievement of a comprehensive and urgent settlement could eliminate violence.

GHASSAN NSEIR (Syria) said that as the Commission began last week to examine the question of human rights violations anywhere in the world, including occupied southern Lebanon and the Bekaa valley, Israel was launching a ferocious war against Lebanon, bombing towns and villages. Israel's attacks on residential areas, hospitals, ambulances and the country's infrastructure had prompted the exodus of 400,000 people and resulted in the death of children, women and elderly people. The Commission was called upon, more than ever, to condemn Israel for its continued and premeditated violation of human rights, international law and international humanitarian law, not only in southern Lebanon and the Bekaa, but in the whole territory of Lebanon. The aggression revealed Israel's expansionist ambitions in southern Lebanon the

- 4 - Press Release HR/CN/744 23 April 1996

country aimed to give its occupation a permanent status. He regretted that the Italian delegate, speaking on behalf of the European Union yesterday, had not addressed the tragic situation in Lebanon.

JEAN-MARIE MBONIMPA (Rwanda) said his delegation had been disappointed to note that the Special Rapporteur on Rwanda claimed that the human rights situation in had barely changed. The efforts of the Government to normalize the situation had to be seen against the enormity of the tragedy in 1994. The Commission would have been better informed had the Special Rapporteur mentioned the substantial progress made towards the re-establishment of the judiciary, the improvement of conditions of detention and the repatriation of refugees.

After the tragic events in the country, he continued, it was urgent to punish those responsible. However, the justice system had been virtually paralysed by the conflict, although it would shortly be fully operational again. In addition, a bill had just been adopted on the organization and functioning of special chambers dealing with genocide and the massacres of 1994 with a view to eradicating impunity, which had been at the heart of the tragedy. He appealed to all countries to cooperate fully with the Rwandan justice system and the International Criminal Tribunal for Rwanda.

SIROUS NASSERI (Iran) said that should the old cold-war mentality prevail at the Commission, albeit along the new North-South divide, the ultimate loser would be the global crusade for the promotion and protection of human rights. He wished to invite closer attention to a conflict which was on the rise regarding the dialogue on human rights so that one might contemplate remedies before matters became too complex. That required, above all, moving beyond the limited dictates of political exigency and considering ways to circumvent the all-too-prevalent practices of selectivity and politicization. As far as the report of the Special Representative of the Commission regarding Iran, he did not want to engage in refutation or polemics, although that did not mean the document contained no errors or inaccuracies. Iran's view was that the Commission must do all it could to favour dialogue and cooperation. Iran was ready to receive the Commission's representatives and to examine their recommendations.

ABDOLIE M.R. MBYE (Gambia) said the Government had recently received reports of the death of a Gambian national, Ebrima Sey, while in police custody in the United Kingdom. It had been confirmed that the British police had used highly toxic gas in their efforts to secure the arrest of Mr. Sey following neighbours' reports of a family disturbance. The Gambia wished to register its utter dismay and disgust at that kind of inhuman treatment, which was usually reserved for foreign nationals, especially Africans. It was extremely disappointed that such a serious act could occur in a country which prided itself on being the "mother of all democracies". As for the situation in his country, he wished to assure the Commission that the transition

- 5 - Press Release HR/CN/744 23 April 1996

programme leading to democratic constitutional rule in the Gambia was firmly on course, with general elections to appoint the next civilian President and the legislature to take place later this year.

BASHIR S. MUNTASSER, of the United Nations Population Fund (UNFPA), said that since its inception, UNFPA had been adhering to the principle that every nation had the sovereign right to determine its population policy and to adhere to the principles of the Universal Declaration of Human Rights. The Fund's policy was based on the principle that population policies should be consistent with the internationally recognized human rights of individual freedom, justice and the survival of national, regional and minority groups; and with the basic right of all couples and individuals to decide freely and responsibly the number and spacing of their children and to have the information, education and means to do so.

Reproductive freedom as a basic human right of individuals and couples to decide freely and responsibly the number and spacing of their children was widely accepted and endorsed by international human rights instruments. The International Conference on Population and Development held in Cairo in September 1994 had endorsed the rights of women and reproductive rights, and incorporated the right to development and economic and social and cultural rights into its major principles.

YOSEF LAMDAN (Israel) said Israel demanded that the Government of Lebanon should take control of the Hezbollah terrorists and prevent them from attacking Israeli civilians. When the Hezbollah stopped its attacks permanently, Israel would halt its operation against them. Israel had exercised considerable restraint in the face of the mounting provocations which had been inspired, financed and equipped by Iran with the declared intent of undermining the peace process and, if possible, Israel itself. In that respect, Hezbollah was no different from its allies, Hamas and Islamic Jihad. Israel could not continue to allow its population in the north to be exposed to ongoing and escalating Hezbollah attacks.

Israel was acting to protect its citizens, and had no territorial claims on Lebanon he added. Israel's purpose was not to injure Lebanese civilians but to destroy Hezbollah targets. It was a fundamental principle of international law that no State may allow its territory to be used for acts which threatened or harmed the territorial integrity or political independence of another State. The Government of Lebanon must now exercise its sovereignty and take control of parts of the country, including south Beirut, to ensure security and stability of the border between the two countries.

U LIN MYAING (Myanmar) said his Government, in order to set up a democratic State, had been concentrating on developing stability, community peace, tranquillity, the prevalence of law and order, and national consolidation. Thanks to the sincere efforts of the Government, all but one

- 6 - Press Release HR/CN/744 23 April 1996

of the armed groups previously engaged in bearing arms against successive Governments had returned to the legal fold. And in spite of its limited financial and material resources, the Government had to date spent a total of $400 million on the implementation of a programme for the development of border areas and of the national races. The Government held the view that the most essential fundamental right of the people was the right to have the needs for adequate food, clothing and shelter met. He was convinced that the promotion of accepted norms of human rights could only be achieved through cooperation and consensus building. The imposition of incompatible values on a country by any other could only be counterproductive.

ANDI GJONEJ (Albania) said that since the overthrow of the autocratic regime in Albania, his Government had permanently focused on respect of human rights and on the creation of all conditions for their free monitoring. A modern educational system for minorities, based on international standards, had been adopted. In addition, a solid, democratic and transparent Constitution was in place. Albanians in Kosovo, who constituted 90 per cent of the population of that area, were not enjoying the exercise of human rights, however. The discriminatory legislation imposed by Belgrade on Kosovo not only violated the rights of Albanians, but had blocked the political, social and economic life of the region.

SIMA EIVAZOVA (Azerbaijan) said her country had been suffering aggression from Armenia for the last 10 years, as a result of which more than 1 million -- mostly women, children and the elderly -- had been displaced. The Armenians had begun the occupation of the territory that had previously been home to the displaced and had not allowed the Azerbaijanis to return. The displaced continued to live in tents and camps, without medical care. The Government of Azerbaijan was particularly concerned about the hundreds of children who were being deprived of the opportunity for educational advancement. That must considered an act of genocide.

CHRISTINE DAURE-SERFATY, of International Prison Watch, said there had been some improvements in the provision of food and healthcare in the prisons of Rwanda. The mortality rate had diminished since January 1996. Also, women and minors were kept separately, at least in the prisons the organization had visited. However, despite the efforts to minimize overcrowding through the construction of new premises and the enlargement of existing prisons, facilities still held three to four times the number of inmates they had been built for. The number of prisoners had also increased because, in the absence of any judicial procedure, new suspects were kept in detention.

ANITA MAIWAND-OLUMI (Afghanistan) said it filled her with sadness to have to inform the Commission of the acts committed during the Soviet occupation of her country. After the fall of the former regime, two mass graves had been found. Last month, another one had been found in the city of Jalalabad, and it was estimated that around 500 people might have been buried

- 7 - Press Release HR/CN/744 23 April 1996

in it. Having been a victim of such atrocities, Afghanistan would obviously never resort to the same kind of acts. The Commission's Special Rapporteur on extrajudicial executions had mentioned in his report the case of Mirwais Jalil, who had been kidnapped and killed in 1994 in the region under the control of an opposition group. A Government-appointed commission was investigating this mindless killing. The Government of Afghanistan condemned firmly any extrajudicial acts or human rights violations in any part of the world.

ADIB AL-JADIR, of the Arab Organization for Human Rights, said his organization deplored the bombing of Lebanon by Israeli forces, which had caused the displacement of some 400,000 persons. Three power stations in the suburbs of Beirut had been destroyed, causing many problems for the people of the area. Hezbollah owned no power stations. He urged the Commission to call upon Israel to cease its aggression against that country. He also indicated that in Kuwait, human rights violations had continued to occur. As for the situation of human rights in the region, there had been some improvements in 1995, but there were still areas of concern.

PENELOPE MCMILLEN, of the Friends World Committee for Consultation (Quakers), speaking on behalf of the International NGO Working Group on Refugee Women, said four years had passed between the indictment and the date set for the first trial at the International Tribunal for the former Yugoslavia. It was estimated that a minimum of two years would elapse before trials were brought to the International Tribunal for Rwanda. That period was too long for survivors of gender-based crimes who might feel at risk of intimidation or reprisals. The Friends World Committee urged the Commission to, among other things, adopt a resolution requesting States to: refrain from acts of intimidation or reprisals against those wishing to use or cooperate with procedures established under United Nations auspices; request States to adopt legislation to provide for the speedy referral of all suspects in accordance with the provisions stipulated in the Statutes and Rules of Procedure and Evidence of the two Tribunals; and ensure that war crimes against women in general, and gender-based war crimes in particular, be made a distinct category and an integral part of all human rights reporting and monitoring in areas of war and conflict by the Office of the High Commissioner for Human Rights.

RAFENDI DJAMIN, of the Regional Council on Human Rights in Asia, said human rights violations in Indonesia were on the increase. In this last year, the right to assemble and the freedom of expression had been severely curtailed. At least 80 public events and discussions had been banned by the authorities. Several religious, academic and non-fiction books had been placed on a blacklist, along with a number of student publications. There were restrictions on freedom of the press -- the Association of Independent Journalists was still not recognized by the Government.

- 8 - Press Release HR/CN/744 23 April 1996

JOHNCY ITTY, of the Anglican Consultative Council, said the Government of Sudan had indicated its willingness to cooperate with the international community and adhere to the instruments of the United Nations to secure peace in the country. To that end, the Government of Sudan should comply fully with the letter and the spirit of the Commission's resolutions regarding the unhindered monitoring of human rights practices within the country's borders. Members of the Commission should more seriously consider working with significant non-governmental organizations, especially religious organizations which had broad networks of grass-roots contacts, in any of its humanitarian and relief efforts and use all mechanisms available to hold all Governments which had been charged with gross human rights violations accountable for their actions in a manner consistent with their obligations under international humanitarian and human rights law.

GHENNET GIRMA, of the African Association of Education for Development (AAED), said negotiations on a settlement in Sudan were under way under the auspices of the United States. She hoped that political consensus could be reached, thus allowing the bread basket of Africa to pursue integral development. Demonizing the adversary and internationalizing the conflict was in the interest neither of the region nor of the continent. The AAED also appealed to the international community to help Liberia and to all the political leaders of Zaire to take on the responsibility of bringing political stability by respecting human rights and fundamental freedoms. In Equatorial Guinea the authorities falsified reality by releasing political prisoners only to imprison them again after the departure of human rights investigators.

THAUNG HTUN, of Worldview International, said when Daw Aung San Suu Kyi was released from house arrest, the international community applauded the action taken by the Burmese military regime as a positive step. Recent events indicated that her release was not as unconditional as it had been claimed by the State Law and Order Restoration Council (SLORC). Her travel beyond Rangoon was restricted. She had been blocked by military authorities while trying to visit Insein and Mandalay. Meanwhile, at least 1,000 political prisoners, including 16 representatives elected during the 1990 general elections, remained in jail. Most people arrested for political reasons were held incommunicado for investigation and interrogation. In almost all cases, torture or ill treatment took place during prolonged periods, sometimes for six months. Given the increasing harassment, surveillance and arrests of the National League for Democracy (NLD) supporters since the release of Daw Aung San Suu Kyi, further confrontation was almost inevitable. Worldview International requested the Commission to extend the mandate of the Special Rapporteur on Myanmar for one year.

BARRY KUMBE, of Survival International, said the Ogoni people, a minority ethnic group of about 500,000 people inhabiting the oil rich delta region of Nigeria, had since 1992 intensified their struggle against the gross human rights violations they were being subjected to. On 4 January 1996,

- 9 - Press Release HR/CN/744 23 April 1996

about 100,000 had peacefully marched through Ogoniland in memory of the nine Ogoni activists executed last year. At the end of the march, three Ogonis had been shot dead and 10 others had been seriously injured. Over 70 Ogoni had been arrested and tortured and were presently being detained at a military camp. Survival International called for the setting up of an independent commission to investigate the importation of arms and ammunition into Nigeria by the Shell corporation and the recent extrajudicial killings of Ogoni refugees at the border between Nigeria and Benin by Nigerian authorities.

INNOCENT CHUKWUMA, of International Federation of Human Rights (FIDH), said there were massive and systematic violations of human rights in Nigeria. So far, the military government of Nigeria had failed to cooperate with the special procedure mechanisms of the United Nations. At the same time, the Government of Nigeria had continued to detain, torture and harass over a hundred journalists, labour leaders, human rights and pro-democracy activists. In Algeria, the population had suffered many violations of its fundamental rights, in particular the right to life, at the hands of both the security forces and terrorist groups. The FIDH remained deeply concerned about the practice of preventive detention, during which torture was often practiced. The FIDH was also seriously concerned over human rights violations in Chad, Bahrain, Turkey, China and Cuba. The Commission should take action to address these problems.

JAVIER CIURLIZZA, of the Andean Commission of Jurists, said impunity had achieved legal recognition in Peru, where a wide amnesty law granted absolute impunity to the authors of thousands of grave crimes committed between 1980 and 1995. That law breached the obligation of States to investigate and sanction violations against internationally recognized human rights. In Colombia, there was widespread violence. Irregular armed groups there were responsible for grave violations of international humanitarian law. Political violence was also a serious problem in Colombia. According to non-governmental sources, 10 people died each day for either political or ideological reasons.

ROGER WAREHAM, of the International Association Against Torture, said no country was free of human rights violations. One United States representative even told him after an intervention criticizing United States human rights violations that he was "incorrigible". When a poor non-governmental organization elicited that kind of comment from the world's sole superpower, it meant that it was doing its job -- exposing human rights violation wherever they occurred.

For example, he continued, it was a fact that despite years of affirmative action, the United States foreign service remained 87.6 per cent white and only 6.7 per cent black. The arrogance of the United States was so great that it had the gall to pass the Helms-Burton bill, which further tightened the illegal blockade against the Cuban people. The International

- 10 - Press Release HR/CN/744 23 April 1996

Association Against Torture called upon the Government of the United States to withdraw its reservations to the few human rights conventions it had ratified and to ratify the International Convention on Economic, Social and Cultural Rights. It further demanded that the Commission, in the spirit of the Vienna Conference, appoint a Special Rapporteur to investigate the situation of human rights in the United States.

ABDELBAGI GEBRIEL, of the World Federation of Democratic Youth, said the violation of fundamental rights continued to take place in Nigeria. In October 1995, the Government had disclosed a transitional programme promising a return to democracy. The WFDY had welcomed this development, but it had expressed certain reservations. In recognition of the deteriorating situation in Nigeria, the General Assembly had invited the Commission through resolution 50/199 to give urgent attention to the situation of human rights in that country. WFDY recommended that the Commission take the maximum possible measures at its disposal so that Nigeria might comply with its obligations under international human rights agreements. WFDY also called on the Commission to pay attention to the systematic violation of fundamental rights committed in southern Sudan and called on the Government of Sudan to halt all acts of repression and harassment of the population, including acts of enslavement.

CLEMENT JOHN, of the World Council of Churches, said his organization had followed with concern the deteriorating human rights situation in Nigeria, particularly in Ogoniland. According to information received by the Council, since the taking of power of the present military, hundreds of people had remained in detention without formal charges being brought against them. The continued detention of 21 Ogonis and the likelihood of their being tried by special military courts rather than in accordance with due process was a matter of grave concern. Special military courts were the norm rather than the exception in Nigeria. They represented serious violations of the due process of law as envisaged under article 14 of the International Covenant on Civil and Political Rights. The World Council of Churches urged the Commission to consider appointing a Special Rapporteur to study the situation in Nigeria and report back no later than next year. It also urged the Commission to exert strong diplomatic, political and economic pressure on the military regime in Nigeria to facilitate the return to the rule of law and constitutionality.

BEATRICE FAUCHERE, of the World Confederation of Labour, said members and leaders of trade unions were regularly subjected to grave physical aggression, the threat of death, prison or assassination in Argentina, Bolivia, Colombia, Cuba, Guatemala, Honduras, Nicaragua, Paraguay and Peru. The Confederation was also concerned by the grave violations of human rights being committed in Rwanda, Burundi, Sudan and Liberia. Workers in Equatorial Guinea, Congo and Viet Nam were also deprived of their fundamental rights.

- 11 - Press Release HR/CN/744 23 April 1996

Children's Rights

The Commission on Human Rights this afternoon began a general discussion on children's rights, focusing specifically on: the status of the Convention on the Rights of the Child; the work of the Special Rapporteur on the sale of children, child prostitution and child pornography; the Programme of Action for the Prevention of the Sale of Children, Child Prostitution and Child Pornography, and the question of a draft optional protocol to the Convention on the sale of children, child prostitution and child pornography.

OFELIA CALCETAS-SANTOS, Special Rapporteur on the sale of children, child prostitution, and child pornography, introducing her report said the activities she studied were interlinked, they also had peculiar elements leading to diverse legal implications.

Causes could be divided into three main groups, she said: poverty; socio-cultural discrepancies pertaining particularly to discrimination based on gender, class, caste, and race, in effect granting power to some over the less fortunate; and commercialization and erosion of spiritual values which expanded the range of poverty beyond survival needs.

There was no dearth of recommendations on how those burgeoning problems involving children could be addressed, the Special Rapporteur said. She strongly felt that what was needed at this point was a more focused and programmed approach, bearing in mind the feasibility and implementability of strategies. The ills afflicting children were so revolting that one was tempted to conceptualize all sorts of strategies and approaches to achieve a holistic solution, but the mandate was so vast and available resources so limited that prioritization seemed to be the best way to proceed. Three potent tools already in place seemed best for the moment -- the media, education, and the justice system.

Strategies for addressing issues involving the sale of children would perforce vary from country to country, she said. Children were besieged from all corners and were crying from help, and the magnitude and complexities of the problem could not be addressed by any single section of society. The international community, moreover, would have to do a lot more than it had so far to alleviate the situation. The problem could not be solved in a day, or with anything less than extensive and aggressive effort at all levels. Children needed all the help they could get.

NILS ELIASSON, Chairman-Rapporteur of the working group on the draft optional protocol to the Convention on the Rights of the Child on the involvement of children in armed conflicts, introducing the report of the Group's second session (document E/CN.4/1996/102), said the experts had been faced with four major choices during its deliberations. The first choice concerned the age limit for participation in armed conflict. The Convention

- 12 - Press Release HR/CN/744 23 April 1996

had set the limit at 15 years, which was now recognized as too low. The working group shared the view of the International Conference of the Red Cross and Red Crescent, which had recommended that children under the age of 18 should not take part in hostilities.

The second major choice of the Group concerned whether persons under the age of 18 should be permitted to be recruited into the armed forces, he went on. But it was agreed that no one who had not attained the age of 18 years should be subjected to compulsory recruitment. The third choice, on recruitment into non-governmental armed groups involved in armed conflict, a clear majority of delegations in the Group favoured a specific age limit of 18 years. The fourth choice related to the role of the Committee on the Rights of the Child in monitoring the implementation of the provisions of the draft protocol. It was agreed that States parties to the protocol should include in the reports they submitted to the Committee information on the measures they had adopted to give effect to it. The working group should be able to finalize its work at a proposed third session, he said.

JORGE IVAN MORA GODOY, Chairman-Rapporteur of the working group on the draft optional protocol to the Convention on the Rights of the Child on the sale of children, child prostitution, and child pornography, said it was important for the group to finish its work quickly. Consideration had been given to questions relating to the abduction and sale of children and to the illegal separation of children from their parents for any reason whatsoever, and to the traffic and transplant of organs, he said. As for child prostitution and pornography, among the areas it was felt necessary to consider were abuse within the family and by employers, the marketing of child pornography and the use of new technologies to traffic in these areas.

He said it was considered fundamental to have bilateral and multilateral coordination among the actors battling such abuse of children, and there had been a lively debate on the role of international cooperation on such matters as poverty, hunger, and underdevelopment, which were such major factors in driving children into prostitution. In future meetings it would be advisable to have the participation of the Special Rapporteur on the sale of children, child prostitution and child pornography. It was hard to believe that it had been suggested that the time allotted to the working group should be reduced. That made no sense at all, as the issues were complex and it was vital for the group to conclude its work with dispatch. Meanwhile, the group had a long way to go, as the positions on some topics were very far apart.

He said all delegations had agreed on one thing -- the condemnation of any sort of exploitation of children. What gave him most cause for concern was that delay in the future work of the group, as far as public opinion was concerned, might create the impression that the United Nations was reluctant

- 13 - Press Release HR/CN/744 23 April 1996

to pursue the matter vigorously. The problems were far from being contained. They were proliferating alarmingly, and the children of the world could not wait.

JAIME S. BAUTISTA (Philippines) commended the Special Rapporteur on the sale of children, child prostitution and child pornography and endorsed her approach, which clearly defined her mandate, not as a restriction but in order to provide the necessary focus on the highly-complex and serious issues falling within that mandate. He also shared the deep concern of Graça Simbine Machel of Mozambique over the impact of armed conflicts on children. In situations of armed conflicts, children were tortured, raped, abused or killed. Those who survived the conflict endured immeasurable damage to their moral, social, physical, psychological and spiritual development.

The Philippines, which was among the first countries to ratify the Convention on the Rights of the Child, had taken the necessary steps to implement its obligations under the convention, he went on. A child rights centre under the Philippine Commission on Human Rights had been created to investigate and initiate legal action on behalf of child victims of human rights violations. Significant educational reforms had also been instituted to ensure that the Filipino child was given access to quality education.

PAULO TORELLA DI ROMAGNANO (Italy), speaking on behalf of the members of the European Union, and also Bulgaria, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia, Cyprus, and Malta, said universal ratification of the Convention on the Rights of the Child should be pursued with vigour, and reservations to the treaty should be reduced, especially when they were sweeping in character. Ratification of the Convention was of limited value unless it was accompanied by full and effective implementation of its provisions.

Continued effort was needed to protect children caught up in wars and armed conflicts, he said. Girl children suffered disproportionately under a number of situations, and it should be strongly stated that there could be no excuse whatsoever for discrimination against girl children. Further attention also was required on: the plight of street children; the sale of children, child prostitution, and child pornography; child labour; all extreme or exploitative forms of which must be eradicated; and to advancement of humane and effective systems of juvenile justice and crime prevention.

JULI MINOVES-TRIQUELL (Andorra) said the education given to children would open the avenue of their choice for the future. Children educated with the spirit of tolerance would build a better world, a planet where it would not be necessary to monitor the implementation of human rights, as those rights would be respected universally. If one educated children and the young

- 14 - Press Release HR/CN/744 23 April 1996

with the insistence that freedom was inseparable from responsibility, and that tolerance was a necessary condition to peaceful coexistence, they would live better on earth.

ROHANA RAMLI (Malaysia) said the Malaysian Government had implemented a National Plan of Action for Child Survival, Protection, and Development of Children in the 1990s. The Special Rapporteur on the subject had indicated that child prostitution had increased in areas where poverty was prevalent. Malaysia hoped that in her next report she could address the root causes and come up with recommendations, which seemed to be lacking in the current document. As for a draft optional protocol on the sale of children, child prostitution, and child pornography, Malaysia felt that such issues should not be discussed in isolation from other rights, such as economic rights.

She said Malaysia had: a Child Protection Act which imposed stiff penalties for trafficking in children; a Women and Girls Protection Act; and a social welfare programme for helping with rehabilitation of children who had been victimized. The issue of sex tourism needed to be addressed more assertively by the international community, as it was closely linked to the sale of children and child prostitution, and differences in legal systems between countries enabled many involved in sex tourism to escape prosecution.

ADRIANO PARREIRA (Angola) said Angola wished to draw the attention of the Commission to the growing problem of prostitution and sexual abuse of children in Africa. International efforts to date had not exposed sufficiently the situation in Africa, and that was unfortunate. There was an increasing number of agents who, in an organized and systematic way, promoted child pornography, child prostitution, and related abuses. Determining factors included underdevelopment and poverty as well as the shortage and often total absence of social structures.

He said African children were among the poorest and least protected in the world, and appeared to be prey to pedophiles who acted in almost absolute impunity, sometimes coming to the continent in sex tours advertised openly in their own countries. There also was concern about the behaviour of United Nations forces engaged in peace-keeping operations. The Special Rapporteur should look into the problem of the sudden growth of child prostitution shortly after the arrival of so-called peace-keeping troops, and the Commission should take immediate and consistent action on the matter.

CARLOS PARKER (Chile) said that if the problem of the abuse of children was not addressed properly, it might have grave repercussions. Children constituted a vulnerable group requiring special attention and protection. Children were victims of serious human rights violations when they came from societies in which extreme poverty persisted. They were vulnerable to various forms of exploitation, including prostitution, slavery, forced labour,

- 15 - Press Release HR/CN/744 23 April 1996

trafficking in children and the sale of organs. The participation of children in armed conflict was also another brutal form of violence perpetrated against children. Chile was doing all it could to protect children from any violent acts by promoting initiatives to ameliorate the conditions they lived in.

ALFREDO TARRE MURZI (Venezuela) said the discussion on the rights of children was among the most interesting and compelling on the Commission's agenda. The problems of children and adolescents deserved enormous effort and care, as children were the future. Two terrible tragedies deserved great attention -- the abandonment of children and the exploitation of children in labour. International conventions on the minimum working age and limiting the use of children in hazardous working environments or in jobs that were immoral were widely flouted around the world. In Africa, Asia, and Latin America, there were tens of millions of children who were worked harshly for an absolute pittance, without even a minimum of care. It was as if they were not human beings. The Commission had an absolute imperative to deal with such abuses, and it was time to hold an international conference on the subject with the participation of relevant agencies.

CHEN PEIJIE (China) said that while China was pleased to see that work had started on drafting optional protocols on issues related to children's rights, it would be more appropriate and feasible to make full use of existing mechanisms. The Chinese legislature had formulated a series of laws on protecting the rights of children, and had adopted a number of preferential measures and favourable policies towards children belonging to minorities, disabled children, and impoverished children. Children with mental and physical disabilities formed a special group. China's laws prohibited discrimination against them. There were provincial rehabilitation centres for hearing-impaired children, foster institutions, and extensive programmes for special education. China was trying to overcome difficulties involving the education of girl children, as were many developing countries. In general, in recent years the well-being and education of Chinese children had improved remarkably, although there were still problems with poverty, education, and medical care for children in remote rural areas -- a daunting task that would remain a long-term challenge for the country.

MARGARITA ESCOBAR (El Salvador) said the wide ratification of the Convention of the Rights of the Child meant that there existed a clear vision of political compromise that children of the world should be protected for the good of humanity. However, in many countries the violation of the rights of children of both sexes continued to occur. In many places, such violations occurred through the presence of land-mines, of which children were often the first victims. There were actually 100 million land-mines scattered throughout the world. The international community had the moral obligation to eradicate them. Referring to children born to refugees and migrants, she said all children, wherever they might be, were the same. "Every child should be the child of every country".

- 16 - Press Release HR/CN/744 23 April 1996

MOHAMMED ABDULLAH AL-HUMAIMIDI (Iraq) said Iraq had accorded special care to children, as they had special requirements for health services, but all the progress and advanced standards achieved in this field in the 1970s and 1980s had been destroyed by the international embargo imposed against Iraq. International investigation had shown the dimensions of the tragedy. There was an absence of basic medicines and medical supplies, degradation of health facilities, and deterioration of drinking water supplies. Death rates had risen markedly among children during the period of the embargo. One expert had said the embargo had set back the health situation in Iraq by 50 years. Those who cared about children should understand that the embargo had been far more damaging than direct military attack. Children were incapable of protecting themselves, and although the State had spared no effort to help them, the effect of the sanctions and blockade were too much for the Government to handle. How could the international community talk about children's rights and yet persist in the embargo?

KOMI GNONDOZI (Togo) said there was more determination around the world to help children, at least in terms of international instruments, than any other population, if the rate of ratification of different Conventions was considered. The report of the Special Rapporteur on the sale of children, child prostitution and child pornography was remarkable, however, because it showed that despite great efforts, abuses of children's rights were increasing. In Africa, countries were concerned but powerless regarding a number of cases, especially where ethnic or political rivalries prevailed, or where poverty was great. International instruments were not sufficient in themselves. What was really needed was the establishment of a true, new economic world order -- without alleviation of poverty, children remained vulnerable to exploitation and abuse. It was necessary to realize that truth and to act on it.

The representative of the International Committee of Red Cross (ICRC) said that as an organization charged with the protection and assistance of victims of armed conflicts, the ICRC was particularly interested in children who were involved in armed conflicts. To that end it had deployed unceasing efforts to improve the protection they received. Such efforts were concentrated on the improvement of juridical norms protecting children and on providing assistance to children victims of armed conflicts. With regard to the draft optional protocol to the Convention on the Rights of the Child and relating to children in armed conflicts, that instrument should prohibit all participation of children in such conflicts.

P.L.MALHOTRA, of the United Nations Economic, Scientific and Cultural Organization (UNESCO), said UNESCO was directly involved in meeting two goals related to the Convention on the Rights of the Child: providing basic education for at least 80 percent of primary-school-aged children by the year 2000; and the reduction of the adult illiteracy rate to at least half its 1990 level, with emphasis on female literacy. Other programmes aimed at increasing

- 17 - Press Release HR/CN/744 23 April 1996

knowledge of the Convention among children. An Associated Schools project now included more than 3,500 schools in over 125 countries, and focused on having children identify the needs of children and relating them to the Declaration and Convention on the Rights of the Child. To make the Convention known to the general public, UNESCO helped to translate it into local languages. It also had programmes aimed at helping street children and protecting children from violence.

Right of Reply

ADRIANO PARREIRA (Angola) responding to a statement made by the European Union yesterday, said the mention of the implementation of the peace process in his country was a deliberate attempt to manipulate concepts through the distortion of meaning. The statement was not a serious one, and he had simply ignored it.

MOSTAFA ALAEE (Iran) said that disparaging remarks and statements about Iran by the United States delegation could not be ignored. The allegations of the United States were again off the mark, even hallucinatory. The United States delegation seemed not to have read the reports on the Iranian situation, or if they had, they had taken a political and unrealistic approach. It was not right for the American Government to consider itself the high priest of human rights in the world -- that Government which so often had interfered in the affairs of other nations, fomented revolution in some countries, and financed subversive activities in Iran. Thank you, but the Iranian people could do better without such interference.

NECIP EGUZ (Turkey) said the statement of Greece lamenting the situation in Cyprus was once again a political ploy that did not relate to the facts. Greece had conspired in 1964 for the clandestine shipment of arms and troops to Cyprus. Greece had also engineered a coup in Cyprus in 1974. That coup had caused great bloodshed and suffering among both Greek and Turkish Cypriots. The historical responsibility for what had happened in Cyprus lay squarely with Greece. The tragedy in Cyprus was the result of Greek expansionist ambitions, and it was only owing to the Turkish intervention in 1974 that the violence had ceased. Meanwhile, Greece still had laws that discriminated against her own citizens on ethnic grounds.

M. MANIMEKALAI (India) said Pakistan was using every agenda item to attack India. She could not accept such blatant propaganda, particularly since it appeared to be aimed at a domestic audience in Pakistan. It was revealing that any attack on India, whether by the Pakistani delegation or by so-called non-governmental organizations, was reflected the very next day in the Pakistani press. Pakistan was not interested in the promotion and protection of the human rights of anyone.

- 18 - Press Release HR/CN/744 23 April 1996

HUMAYUN TANDAR (Afghanistan) said Pakistan's statement yesterday had left the sphere of human rights to enter politics. The statement was largely taken from that of the Ambassador of Pakistan to the Security Council on 9 April. At that time, Afghanistan had replied. Given geography, history, culture, and tradition, the two countries were destined to understand each other. Afghanistan could add nothing to what had already been said.

SOTOS ZACHEOS (Cyprus) said the statement by Turkey had revealed how weak its position was. The peace Turkey had brought to Cyprus was the peace of occupation, of genocide and of ethnic cleansing. The Cypriot Government urged Turkey to implement the relevant United Nations resolutions, abandon expansionist aims, and cease violating human rights both within and outside its borders. Since Turkey was sitting in a glass building, it should not throw stones. Cyprus hoped Turkey would listen to the criticism of it voiced by so many at the Commission this year.

AMINE EL KHAZEN (Lebanon) said his country was a victim of Israeli aggression. Israeli bombing had destroyed the infrastructure of the country. Israel should abide by resolution 425 (1978) of the Security Council.

ZHANG YISHAN (China) said China had never claimed the human rights situation in the country was perfect. China had been making major efforts to improve it. China's record in human rights was far better than that of the United States, which once again had criticized China. In the United States, racial discrimination was very serious. Among the homeless, 40 per cent were black, although they only made up 13 per cent of the American population. That kind of thing could not be found in China. In the United States, there also was a horrendous rate of violence. The rate of murder was five times that of China. There were seven million homeless in the United States, while in China, where per capita income was much lower, the rate of homelessness was only 5 per cent that of the United States. Meanwhile, the United States denied that the most fundamental of human rights -- economic rights, and rights to good health.

EUMELIO CABELLORO-RODRIGUEZ (Cuba) said he was responding to a statement by the delegation of the United States concerning the overflight of Cuban territorial waters. That delegation had introduced political motives into the debate on human rights. The United States had allowed the so-called "civilian" aircraft to fly and violate the territorial waters of Cuba. The agents who had flown the aircraft had been manipulated and financed by the Americans.

MOHAMMED ABDULLAH AL-DOURI (Iraq) said Kuwait, the United States, and the non-governmental organization Fondation France Libertés, were known for their hostile attitude towards Iraq. Kuwaiti's stand was blind and vindictive and not worthy of comment. Everyone knew there was nothing linking Kuwait to human rights. Meanwhile, millions were being spent in Kuwait to maintain the

- 19 - Press Release HR/CN/744 23 April 1996

economic embargo against Iraq. There were no Kuwaiti prisoners or missing Kuwaitis in Iraq. As for the United States, a country that had dropped more than 100,000 tons of bombs on Iraq and was killing women and children through the economic embargo it had orchestrated, it was responsible for the human rights problems of women and children in Iraq. The Fondation France Libertés was known for disseminating false information and propaganda aimed at continuing the isolation of Iraq.

MICHEL DARATZIKIS (Greece) said the representative of Turkey had tried to divert the attention of the Commission from Turkey's heavy responsibility for the tragedy in Cyprus. Serious matters relating to occupation, settlement policy, and missing persons could not be solved by rejecting blame through false and hopeless arguments. Turkey must simply comply with United Nations resolutions. As for the status of the Muslim minority in Thrace, alluded to by Turkey, it was not surprising that under all freedoms and guarantees provided to it, that minority was thriving. Meanwhile, Turkey did not treat Greeks living in Istanbul well at all -- Turkey had driven most such Greeks out of the country.

MASOOD KHAN (Pakistan) said India did not have the credentials to condemn terrorism in Kashmir. India was the primary source and main sponsor of State, individual and group terrorism in Kashmir. Its 700,000-strong occupation force was killing innocent and unarmed civilians and political leaders in Kashmir every day. The Indian authorities were sponsoring and abetting acts of terrorism against Kashmiri leaders and human rights activists.

DHARAR ABDUL-RAZZAQ RAZZOOGI (Kuwait) said the country had to reply to the nonsense of the Iraqi delegate who had just spoken. He was speaking of promoting human rights. Speak about human rights? If the delegate of Iraq spoke about butchering human rights, Kuwait might believe him. He might believe everyone was naive, but did he think everyone was crazy? He felt sorry for him, for his Government. He was dreaming. He should wake up.

* *** *