APPOINTMENT OF SPECIAL REPRESENTATIVE ON IMPACT OF ARMED CONFLICT ON CHILDREN WOULD BE RECOMMENDATION OF DRAFT APPROVED BY THIRD COMMITTEE
Press Release
GA/SHC/3401
APPOINTMENT OF SPECIAL REPRESENTATIVE ON IMPACT OF ARMED CONFLICT ON CHILDREN WOULD BE RECOMMENDATION OF DRAFT APPROVED BY THIRD COMMITTEE
19961122 Drafts on Rights of Child, Racial Discrimination, among Five Texts Approved Without Vote by CommitteeThe General Assembly would recommend that the Secretary-General appoint for three years, a Special Representative on the impact of armed conflict on children, and ensure necessary resources for the mandate, according to the terms of a draft resolution approved this afternoon by the Third Committee (Social, Humanitarian and Cultural). The draft resolution, which was one of five approved without a vote, also called for action to deal with the sexual exploitation of children and child labour.
By the text, the United Nations Children's Fund (UNICEF), the United Nations High Commissioner for Refugees (UNHCR), the office of the High Commissioner for Human Rights and the Centre for Human Rights would be encouraged to support the Special Representative and States and other institutions would be called on to make voluntary contributions.
The seven-part draft text on the rights of the child includes a call for States and the United Nations system to treat children in armed conflict as a priority concern in all human rights, humanitarian and development activities, and for States and other parties to armed conflicts to recognize the particular vulnerability of refugee and internally displaced children to recruitment into armed forces, as well as to sexual violence, exploitation and abuse. States would be asked to enhance protection and assistance mechanisms to protect children from those abuses.
The draft resolution calls for countries to criminalize commercial and other forms of sexual exploitation of children and to support effective national, bilateral and multilateral measures to eradicate such practices. It also calls for legislative, administrative, social and educational measures to protect children from economic exploitation and for action to address the problem of street children.
Third Committee - 1a - Press Release GA/SHC/3401 49th Meeting (PM) 22 November 1996
The Committee approved two draft resolutions on the elimination of racial discrimination. By the terms of one text, the Assembly would call on governments and intergovernmental organizations, with the assistance of non- governmental organizations, to continue cooperating with and supplying relevant information to the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance. The Secretary-General would be asked, without any further delay, to give him human and financial assistance to carry out his mandate efficiently, effectively and expeditiously.
A draft resolution on the Third Decade to Combat Racism and Racial Discrimination would have the Assembly, once again, ask the Secretary-General to consult with States, governmental and non-governmental organizations on the possibility of a world conference to combat racism, racial discrimination, xenophobia and contemporary forms of intolerance. The text would also call upon all Member States to consider signing, ratifying or acceding to the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.
Another text would have the Assembly call on governments to assist the Special Rapporteur on torture and to continue to include the United Nations Voluntary Fund for the Victims of Torture in the United Nations Pledging Conference for Development Activities. Governments would also be asked to assist the Fund's Board of Trustees in their efforts to promote it and solicit funding.
The Assembly would call on the Secretary-General to seek resources to give the United Nations human rights treaty monitoring bodies adequate administrative support, technical expertise and appropriate databases and on- line information services, by the terms of another text. He would be asked to prepare, within existing resources, a study comparing the provisions of a number of treaties. Treaty bodies would be urged to continue examining ways to reduce the reporting burden on Member States.
A final draft approved this afternoon would have the Assembly encourage the United Nations High Commissioner for Human Rights to continue his responsibilities.
The Committee concluded its debate on human rights issues with statements by Rwanda, Singapore, Yemen, Ukraine, Pakistan, Iran and Greece.
Sudan, Iran, Turkey, Greece and Cyprus made statements in exercise of their right of reply.
The Committee will meet again at 10 a.m. Monday, 25 November, to take action on a number of draft resolutions.
Committee Work Programme
The Third Committee (Social, Humanitarian and Cultural) met this afternoon to continue its general debate on human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms and the comprehensive implementation of and follow-up to the Vienna Declaration and Programme of Action. (For further background information see Press Releases GA/SHC/3388 of 13 November, 3390 of 14 November, 3391 and 3392 of 15 November, 3393 of 18 November, 3395 of 19 November, 3397 of 20 November and 3399 of 21 November.)
The Committee was also scheduled to hear the introduction of a draft resolution on the situation of human rights in Iraq (document A/C.3/51/L.40). By the terms of the draft resolution the General Assembly would urge the Government of Iraq to cooperate with the United Nations to ensure the implementation of Security Council resolution 986 (1995), in accordance with the agreement reached in May 1996 that medicines, health supplies, foodstuffs and other humanitarian supplies, purchased with the proceeds of the sale of Iraqi petroleum and petroleum products, are distributed to the Iraqi population equitably and on a non-discriminatory basis.
The Assembly would demand that the Government of Iraq restore the independence of the judiciary and abrogate all laws granting impunity to specified forces or persons killing or injuring individuals for any purpose beyond the administration of justice under the rule of law as prescribed by international standards, as well as any and all decrees that prescribed cruel punishment or treatment, and take all necessary steps to ensure that the practice of torture and cruel and unusual punishments no longer occur.
It would also urge the Government of Iraq to abrogate all laws and procedures, including Revolution Command Council decree No. 840 of 4 November 1986, that penalizes the free expression of competing views and ideas, and to ensure that the genuine will of the people shall be the basis of authority of the State. The Assembly would also urge the Iraqi Government to improve its cooperation within the framework of the Tripartite Commission and its technical subcommittees with a view to establishing the whereabouts or resolving the fate of the remaining several hundred missing persons and prisoners of war, Kuwaitis and third-country nationals who were victims of the illegal Iraqi occupation of Kuwait.
The Assembly would also call on Iraq, as a State party to the International Covenant on Economic, Social and Cultural Rights, and the International Covenant on Civil and Political Rights, to abide by its freely undertaken obligations under the Covenants and under other international instruments on human rights and international humanitarian law, particularly
Third Committee - 3 - Press Release GA/SHC/3401 49th Meeting (PM) 22 November 1996
to respect and ensure the rights of all individuals, irrespective of their origin, within its territory and subject to its jurisdiction.
The draft resolution is sponsored by Australia, Austria, Belgium, Canada, Denmark, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Kuwait, Kyrgyz Republic, Liechtenstein, Luxembourg, Monaco, Netherlands, Norway, Portugal, Slovak Republic, Spain, Sweden and the United Kingdom.
Also to be introduced was a draft resolution on the situation of human rights in Iran (document A/C.3/51/L.41). By the terms of the text the Assembly would urge the Government of Iran, as a State party to the International Covenants on Human Rights, to abide by its freely undertaken obligations under the Covenants and under other international instruments of human rights, and to ensure that all individuals within its territory and subject to its jurisdiction, including members of religious groups and persons belonging to minorities, enjoy all the rights enshrined in those instruments.
The Assembly would call on the Government of Iran to implement existing agreements with international humanitarian organizations and the Special Rapporteur's conclusions and recommendations on religious intolerance relating to the Baha'is and to other minority religious groups, including Christians. It would also continue the examination of the situation of human rights in Iran, including the situation of minority groups such as the Baha'is, during its fifty-second session.
The draft resolution is sponsored by Austria, Belgium, Canada, Czech Republic, Denmark, Finland, France, Germany, Greece, Honduras, Hungary, Iceland, Italy, Kyrgyz Republic, Luxembourg, Monaco, Netherlands, Norway, Portugal, San Marino, Slovak Republic, Spain, Sweden and the United Kingdom.
The Committee was also expected to take action on a number of draft resolutions this afternoon, including a seven-part text on the rights of the child (document A/C.3/51/L.37) and an amendment by Costa Rica (document A/C.3/51/L.38). In Part I, on the implementation of the Convention of the Rights of the Child, the Assembly would call upon States parties to ensure that the education of the child shall be carried out in accordance with the Convention and that the education be directed to the development of respect for human rights and fundamental freedoms, for the Charter of the United Nations and for different cultures, and to the preparation of the child for responsible life in a free society.
In Part II of the text, the Assembly would call upon States and United Nations bodies and organizations to treat children in situations of armed conflict as a priority concern in all human rights, humanitarian and
Third Committee - 4 - Press Release GA/SHC/3401 49th Meeting (PM) 22 November 1996
development activities, including in field operations and country programmes and to protect such children effectively.
The amendment to the text offered by Costa Rica (document A/C.3/51/L.38) would have the Assembly recommend that the Secretary-General appoint for a period of three years a special representative on the impact of armed conflict on children.
In Part III of the draft, the Assembly would call upon States and other parties to armed conflicts to recognize the particular vulnerability of refugee and internally displaced children to recruitment into armed forces, sexual violence, exploitation and abuse, and to enhance protection and assistance mechanisms. It would also call upon States and United Nations bodies, in recognizing the particular vulnerability of refugee and internally displaced children to protect both their safety and their developmental needs, including health, education and psycho-social rehabilitation; and to ensure the early identification and registration of unaccompanied refugee and internally displaced children and to give priority to programmes for family tracing and reunification.
In Part IV, the Assembly would call upon States to criminalize the commercial sexual exploitation and other forms of sexual exploitation of children and to condemn and penalize all those offenders involved, whether local or foreign, while ensuring that children victims of this practice are not penalized. The Assembly would also call upon all States to support efforts aimed at adopting effective national, bilateral and multilateral measures for the prevention and eradication of all such practices, particularly by criminalizing the sexual exploitation of children.
In Part V, the Assembly would call upon Governments to translate into concrete action their commitment to eliminate child labour and to implement national action plans and the resolution on the elimination of child labour adopted by the International Labour Conference at its eighty-third session. It would also call upon Governments to take legislative, administrative, social and educational measures to protect children from economic exploitation, particularly from performing any work that is likely to be hazardous or to interfere with the child's education, or to be harmful to the child's health or physical, mental, spiritual, moral or social development.
In Part VI on street children, the Assembly would call upon the international community to cooperate on efforts by States to improve the situation of children in need of special protection measures, including child well-being in urban settlements in accordance with the United Nations Centre for Human Settlements (Habitat) Agenda adopted by the United Nations Conference on Human Settlements (Istanbul, 1996). It would also encourage States parties to the Convention in preparing their reports to the Committee
Third Committee - 5 - Press Release GA/SHC/3401 49th Meeting (PM) 22 November 1996
on the Rights of the Child, to bear this problem in mind and to consider requesting technical advice and assistance for initiatives aimed at improving the situation of street children.
In Part VII, the Assembly would decide to continue its consideration of this question at its fifty-second session under the item entitled "Promotion and protection of the rights of children".
The draft resolution is sponsored by Australia, Austria, Bangladesh, Belgium, Bhutan, Bosnia and Herzegovina, Bulgaria, Canada, Cote d'Ivoire, Croatia, Cyprus, Czech Republic, Denmark, Eritrea, Federated States of Micronesia, Fiji, Finland, France, Georgia, Germany, Ghana, Greece, Guatemala, Ireland, Italy, Jamaica (on behalf of the Group of Latin American and Caribbean States), Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Marshall Islands, Namibia, Netherlands, Nicaragua, Norway, Philippines, Portugal, Republic of Korea, Romania, Samoa, Singapore, Slovak Republic, Slovenia, Solomon Islands, South Africa, Spain, Swaziland, Sweden, Turkey, Ukraine, United Kingdom and Viet Nam.
By the terms of the draft resolution on measures to combat contemporary forms of racism, racial discrimination, xenophobia and related intolerance (document A/C.3/51/L.23/Rev.1), the Assembly would call on governments and intergovernmental organizations, with the assistance of non-governmental organizations, to continue cooperating with and supplying relevant information to the Special Rapporteur of the Commission on Human Rights.
The Assembly would urge governments to cooperate fully with the Special Rapporteur to enable him to fulfil his mandate. It would request the Secretary-General, without any further delay, to provide the Special Rapporteur with human and financial assistance to carry out his mandate efficiently and expeditiously, and to enable him to submit, in a timely manner, a report on this question to the Assembly's fifty-second session.
The draft is sponsored by Turkey and Costa Rica, on behalf of the "Group of 77" developing countries and China.
By the terms of a draft resolution on the Third Decade to Combat Racism and Racial Discrimination (document A/C.3/51/L.27/Rev.1) the Assembly would request once again the Secretary-General to consult Member States, inter- governmental and non-governmental organizations on the possibility of holding a world conference to combat the problem. And it would decide to keep the item on the elimination of racism and racial discrimination on its agenda and consider it as a matter of the highest priority in its fifty-second session. It would urge all governments to take all necessary measures to combat new forms of racism and call upon them to cooperate more closely with the Special
Third Committee - 6 - Press Release GA/SHC/3401 49th Meeting (PM) 22 November 1996
Rapporteur of the Commission on Human Rights on contemporary forms of racism, xenophobia, and related intolerance.
The Assembly would also call upon all Member States to consider signing and ratifying or acceding to the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. It would further urge the Secretary-General, the United Nations system, governments, intergovernmental and non-governmental organizations to pay particular attention to the situation of indigenous people in the implementation of the Programme of Action for the Third Decade. In addition, it would strongly underline the importance of education as a significant means of preventing and eradicating racism. The Secretary-General would be requested to accord the highest priority to the Programme of Action for the Third Decade.
The draft resolution is sponsored by Costa Rica and Mexico, on behalf of the Group of 77 and China.
By a draft resolution on torture and other cruel, inhuman or degrading treatment or punishment (document A/C.3/51/L.33), the Assembly would call on all governments to cooperate with and assist the Special Rapporteur on torture in the performance of his task, and to supply all necessary information requested by him and to react appropriately to his urgent appeals. The Assembly would also request the Secretary-General to transmit to all governments its appeals for contributions to the Voluntary Fund for Victims of Torture to continue to include the Fund on an annual basis among the programmes for which funds are pledged at the United Nations Pledging Conference for Development Activities, and to assist the Fund's Board of Trustees in its appeal for contributions and its efforts to make the Fund better known.
The draft resolution is sponsored by Australia, Austria, Belgium, Canada, Chile, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Liechtenstein, Luxembourg, Malta, Monaco, Netherlands, New Zealand, Norway, Romania, Slovak Republic, Slovenia, Spain, Sweden and the United Kingdom.
By the terms of a draft resolution before the Committee on the effective implementation of international instruments of human rights, including reporting obligations under international instruments on human rights, (document A/C.3/51/L.34/Rev.1), the Assembly would emphasize the need to ensure financing, adequate staff and information resources for the treaty bodies. It would call on the Secretary-General to seek resources to give them adequate administrative support, technical expertise and appropriate databases and on-line information services.
Third Committee - 7 - Press Release GA/SHC/3401 49th Meeting (PM) 22 November 1996
The Assembly would urge treaty bodies to continue examining ways to reduce the duplication of reporting and generally reduce the reporting burden on Member States. In order to identify duplication, the Assembly would ask the Secretary-General to prepare, within existing resources, a study comparing the provisions of the following treaties: the International Covenant on Economic, Social and Cultural Rights; the International Covenant on Civil and Political Rights; the International Convention on the Elimination of All Forms of Racial Discrimination; the Convention on the Elimination of All Forms of Discrimination against Women; the Convention on the Rights of the Child and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
The Assembly would also express concern about the large number of overdue reports, the increasing backlog of States parties' reports, and delays in considering them. It would urge States parties to make every effort to meet their reporting obligations. It would also urge States parties to give priority to addressing non-compliance with reporting obligations and to provide adequate follow-up to reports which have been examined. The High Commissioner for Human Rights would be asked to ensure the revised Manual on Human Rights Reporting was available in all official languages at the earliest opportunity.
The draft resolution is sponsored by Albania, Argentina, Australia, Austria, Bulgaria, Canada, Chile, Cote d'Ivoire, Czech Republic, Denmark, Finland, Germany, Georgia, Iceland, Italy, Liechtenstein, Lithuania, Luxembourg, Hungary, Netherlands, Norway, Poland, Portugal, Republic of Korea, Romania, Slovak Republic, Sweden and the United Kingdom.
Statements
PIERRE EMMANUEL UBALIJORO (Rwanda) said human rights must be seen in the context of specific situations. Rwanda was now grappling with the aftermath of genocide, and only countries that had gone through such a situation could appreciate the difficulties. Those problems extended to the country's judicial system. The report of the High Commissioner for Human Rights was published in June 1996 and it should be distributed to all delegations because it accurately described the human rights situation in Rwanda as it pertained to the judicial system. The report points out the absence of lawyers, investigators, and even the most basic office supplies. Rwanda had only 16 lawyers in private practice for the whole country. In addition to the crimes of genocide, the Government needed to address witness protection and other related legal matters.
His Government believed that financial and material assistance should aim to support the capacity of justice in Rwanda, which was an important factor in the promotion and protection of human rights, he said. Rwanda had
Third Committee - 8 - Press Release GA/SHC/3401 49th Meeting (PM) 22 November 1996
been flogged many times before on account of its human rights situation. Now countless international organizations and journalists had combed over the entire country. If billions of dollars raised could solve all of Rwanda's problems, it would be a welcome development. However, according to the report of the High Commissioner on the Human Rights Field Operation in Rwanda (document A/51/478), 99.9. per cent of the funds contributed were earmarked for salaries, fees, and other overhead. No funds had gone to local observers, training for lawyers, transportation or other needed services. The High Commissioner had asked for an additional $30 million to increase the number of human rights observers in Rwanda, but if those funds were to be spent in the same way, then that would be difficult to fathom. But, if the money were dedicated for lawyers and other practical matters, it would be money well spent.
Rwanda welcomed close cooperation with the international community, and the Government believed that it had done everything in its power and would continue to do so, he said. The law on the crime of genocide was promulgated last August, and in an effort to seek true reconciliation, a series of responsibilities had been drafted. Recent developments for refugees were encouraging. However, it was important to secure human rights for the refugees who spoke the Rwandan language and were being killed. The world could not ignore those victims of the genocide.
CHI HSIA FOO (Singapore) said her Government unreservedly condemned extrajudicial, summary or arbitrary executions. But a clear distinction must be made between those executions, and capital punishment administered in accordance with national or religious laws after due process. Confusing the two separate issues, or attempts to merge them, would only dilute prohibitions against extrajudicial, summary or arbitrary executions. Paragraph 105 of the Special Rapporteur's interim report on extrajudicial, summary or arbitrary executions noted that capital punishment was not yet prohibited under international law. Yet, in paragraph 145, he requests the General Assembly to adopt a resolution calling for the abolition of the death penalty. The issue was potentially very divisive and contentious, and the Assembly would not be able to reach consensus on it. The Special Rapporteur's mandate was only to monitor the implementation of existing international standards and restrictions on capital punishment, and he had exceeded his mandate when he recommended the Assembly call for the abolition of the death penalty. Singapore understood and respected the position of other countries that opposed the death penalty as a matter of principle, and hoped they would extend the same courtesy and respect.
She said Singapore's approach to law and order was based on two basic principles. First, the legal system gave maximum protection to the majority of its law-abiding people from a small number of criminals. Second, arrested persons had the right to due process. But when found guilty, offenders must
Third Committee - 9 - Press Release GA/SHC/3401 49th Meeting (PM) 22 November 1996
be punished sufficiently as a deterrent. The abolition of the death penalty did not necessarily contribute to the enhancement of human dignity and the progressive development of human rights. On the contrary, it had preserved and safeguarded the interests of the community and society in maintaining law and order. The death penalty was the ultimate deterrent. It was only imposed for the most serious crimes such as drug trafficking. It was the sovereign right of States to determine the appropriate legal measures and penalties to combat serious crimes. Singapore did not claim universal validity for its approach, but its legal system worked in Singapore and it had no intention of changing practices that worked.
The Special Rapporteur's interim report on the elimination of all forms of religious intolerance stated Singapore had violated the rights linked to religious freedom by banning specific religious communities such as the Jehovah Witnesses, she said. The right of freedom of religion must be reconciled with the need to uphold the law of the State. The Jehovah Witness movement was not outlawed in Singapore for religious reasons, but because the movement forbad its members from serving in the National Service, thus advocating they break the law. Any group in Singapore which advocated breaking any laws would not be permitted. In Singapore, the Jehovah Witnesses enjoyed equal treatment before the law, and they were prosecuted, just like any other citizen, only if they broke the law by refusing to serve National Service. However, given the fact that the movement had been banned, it was unlawful for Jehovah Witnesses to conduct meetings or distribute materials, and a fine was imposed on those who violated the law.
AMEER ALAIDEROOS (Yemen) said the Vienna Declaration and Programme of Action were an indivisible whole, and the international community should deal with these two issues on an equal footing and take into account cultural, religious and social differences within countries. Yemen protected all human rights, including social, economic, civil, and political, and it had given priority to the implementation of human rights instruments. The Government rejected any violations of human rights without any exceptions. In the field of human rights, politicization and selectivity should not be used nor should there be an unbalanced system that ran counter to the rights of peoples.
Democracy and the right to development were also indivisible wholes, alongside human rights, he said. Yemen had built a democratic system based on political plurality and had organized its first honest and free election in 1993. The Government would continue to register voters, so they could participate in the second round of elections in April 1997. There were more than 20 political parties and over 100 independent newspapers. By ensuring the participation of most factions and representatives, people could make changes in economic and political life which would lead to greater stability. Yemen sought the support of the international community for these efforts.
Third Committee - 10 - Press Release GA/SHC/3401 49th Meeting (PM) 22 November 1996
His Government had reservations about the contents of the reports on the elimination of all forms of religious intolerance and extrajudicial, summary or arbitrary executions, he said. The Government was surprised by information and defamation against Yemen and would respond at the appropriate time.
BORYS OLIYNYK (Ukraine) said his Government supported all ethnic groups residing in the country through the adoption of a policy, the main principles of which included: ensuring the equality of rights and freedoms for all citizens; strengthening legal safeguards against discrimination and intolerance; promoting tolerance of ethnic groups and respect for their customs and traditions; and, a declaration of favourable conditions so all citizens could freely express religious and ethnic feelings. Regardless of ethnic origins, people should feel that they are equal citizens of the country they live in, and respect the country and care about its present and future. The protection of human rights had necessitated a series of legislative acts based on generally recognized international norms and standards. Despite the difficulties in the economic situation, educational programmes had been established to promote the language and traditions of ethnic groups.
The vital needs of the revival of the Ukrainian nation that had suffered greatly from the adverse policy of the Soviet totalitarian regime could also not be ignored, he said. However, the Government's policy of tolerance, respect and unity would never allow exploitive use of ethnic issues for political gains. The Government had adopted a state programme for the return of Crimean Tartars and other detainees and hoped the recent regional conference on refugees in Geneva in May 1996 would contribute to international awareness of the complexity of this problem. Ukraine also hoped the United Nations Development Programme (UNDP) office in Kiev would do its best to ease the situation. International support supplementing domestic efforts would contribute to the betterment of the ethnic atmosphere in the country. However, domestic policy alone was not enough to prevent the threat of ethnic difficulties. Bilateral treaties were needed to protect the rights of minorities. Mutually respectful agreements based on principles of international law would prevent mass migration caused by the negligence of human rights.
AHMAD KAMAL (Pakistan) said an emerging pattern of incremental concessions given to the grave violators of human rights was disturbing. Once the international community gave concessions, States jealously guarded against the application of human rights norms. Most States were opposed to the establishment of any mechanism which would subject them to compulsory scrutiny. Enforcement mechanisms, however, were unavoidable in the face of gross and consistent violations of human rights. The value of the cumulative pressure of the world community as well as the long-term costs of leaving violations of human rights unpunished should not be underestimated. The Indian occupation authorities in Indian-held Kashmir, supported by a 700,000-
Third Committee - 11 - Press Release GA/SHC/3401 49th Meeting (PM) 22 November 1996
strong occupation military force, had been violating the rights of the people of Jammu and Kashmir for the last six years with complete impunity. Eight million Kashmiris were being punished for demanding their right to self- determination, which had been recognized by the United Nations and by India and Pakistan. India had reneged on its solemn commitment to honour an international obligation to hold a plebiscite under the auspices of the United Nations. The scale of human rights violations in Jammu and Kashmir was unprecedented, he said, and he cited examples of abuses.
The sham elections by India in Kashmir in May and September 1996 were organized through coercion and intimidation, he continued. To ensure the desired outcome of the elections, India deployed a minimum of 50,000 troops in each constituency and refused to allow the international observers to monitor elections. Five hundred additional companies of paramilitary forces, or around 60,000 troops, bolstered the existing troop deployment of 650,000 soldiers. The elections were boycotted and rejected by the All Parties Hurriyat Conference, a political alliance of 34 Kashmiri political groups. Despite a pattern of coercion and intimidation, the overwhelming majority of the Kashmiri voters refused to participate in this farce. Both the Indian and international media had acknowledged that the Indian authorities resorted to large-scale rigging and coercion to force people to go to the polls.
The following steps are necessary for addressing the human rights crisis in Indian-occupied Kashmir: India must renounce the use of force in Kashmir and halt its human rights violations and systematic repression there; the United Nations should send a fact-finding mission to Jammu and Kashmir and India should accept the offer of good offices made by the Secretary-General and respond positively to Pakistan's proposals on the appointment of a Special Representative and the expansion of United Nations Military Observer Group in India and Pakistan (UNMOGIP); meaningful and result-oriented talks should be started to seek an early solution of the Jammu and Kashmir dispute; international media and human rights organizations should be given free access to Indian-held Kashmir.
SEYED HOSSEIN REZVANI (Iran) said it was deeply regrettable that, because of a selective, partial and non-objective approach, the cause of human rights as the main victim of political ends, had suffered the most. The existing approach only discredited the United Nations human rights organs and diminished human rights objectives. The Special Rapporteur on human rights in Iran and his reports had become an instrument of the political objectives of some countries.
Once again there was an attempt by certain quarters to politicize the Committee through imposition of a politically worded resolution, designed and elaborated primarily to ensure the continuity of a 12-year-old exercise whose main objective was to exert political pressure on Iran. This had occurred in
Third Committee - 12 - Press Release GA/SHC/3401 49th Meeting (PM) 22 November 1996
spite of the level and scope of Iran's cooperation with United Nations human rights bodies and mechanisms, and positive developments and measures in the field of human rights within the last year.
Iran had, to date, held five rounds of parliamentary elections and six rounds of presidential elections and many other elections since 1979. The last round of parliamentary elections was held in a free climate, with a serious contest between various groups and political factions.
There had been considerable progress and positive developments on the situation of women, including the establishment of a special commission on family and women's affairs in the Majlis; an expert group to promote the rights of women; a considerable increase in the number of women deputies in the Majlis; measures to create women's study courses in the universities; and an increase in the number of women occupying key policy and administrative decision-making positions.
He said executions mentioned in the draft resolution had been carried out after due process and were overwhelmingly for illicit drug trafficking. The draft resolution before the Committee on the question of human rights in Iran would not be conducive to cooperation.
DIMITRIOS MANOLOPOULOS (Greece) said, with regard to the Cyprus issue, he felt obliged, once more, to draw the attention of the international community to the recent serious human rights violations committed by the Turkish occupation forces, as well as by elements of Turkish extreme organizations and "organs" of the Turkish-Cypriot pseudo-state which resulted in the brutal killing of three unarmed Greek-Cypriot civilians and heavy injuries inflicted on others, including United Nations peace-keeping personnel. Those brutalities added to the suffering of the population of Cyprus, and perpetrated a dangerous and unpredictable situation which jeopardized security in the volatile south-eastern Mediterranean region. For the last 22 years, Cyprus had been divided, as a result of the Turkish invasion of 1974. Some 200,000 Greek-Cypriots brutally expelled from their homes, were still refugees in their own country. Furthermore, as a result of Turkey's colonization policy, a great number of Turkish-Cypriots had been forced to emigrate overseas. Turkey had been systematically attempting for years to alter the demographic structure of the country which paved the way for ethnic cleansing. The few Greek-Cypriots in the occupied part of the island continued to live under oppression, discrimination and harassment.
In Cyprus, fundamental freedoms had been systematically violated. Consecutive United Nations Security Council resolutions had been provocatively defied, he continued. A systematic plundering and looting of the island's cultural and religious heritage had been carried out by the Turkish occupation forces. Greece believed it was high time for the international community to
Third Committee - 13 - Press Release GA/SHC/3401 49th Meeting (PM) 22 November 1996
take measures for a just and viable solution to the complex international problem. The adoption of the proposal made by Cyprus President Clerides for the demilitarization of the island would decisively contribute to defusing existing tension and meet the security needs of both communities. The prospect of Cyprus joining the European Union would create the necessary conditions for a comprehensive settlement and prosperity for the people of Cyprus.
Greece followed with particular interest developments in neighbouring Albania and hoped that the process of reforms would continue towards the full establishment of a modern system, respectful of democratic principles, the rule of law and of human and minority rights.
Action on Draft Resolutions
The Committee then took action on the amendment of the draft resolution on the rights of the child. The representative of Uruguay introduced amendments to the text of the draft resolution.
-- In operative paragraph 35, line 3, the words "within existing resources" should be deleted.
Costa Rica thanked the representative for making the revision to the text and said she would therefore withdraw her amendment.
The Committee then took action on the draft resolution on the rights of the child. The representative of Uruguay introduced amendments to the text.
-- In the second preambular paragraph, line 3, "to achieve" should be replaced with "of achieving";
-- In operative paragraph 11, the word "customary" should be deleted;
-- In operative paragraph 19, line 2, the word "all" should be deleted.
-- In operative paragraph 21, line 3, the words "inter alia" should be added after "field operations";
-- In operative paragraph 22, the words "physical and psychological recovery" should be inserted after "educations";
-- In operative paragraph 35, line 6, the words "the office of" should be deleted";
-- In operative paragraph 36 (d), line 3, the words "the office of" should be deleted;
Third Committee - 14 - Press Release GA/SHC/3401 49th Meeting (PM) 22 November 1996
-- In operative paragraph 47, line 2, a comma should be inserted after the word "delivery"; and, the word "and" should be inserted after "monitoring";
-- In operative paragraph 50, line 2, the words "from within existing resources" should be deleted;
-- Operative paragraph 59 should read: "Stresses the need to combat the existence of a market which encourages such criminal practices against children";
The following were added to the list of sponsors: Azerbaijan, Fiji, Singapore, Swaziland, Ukraine, Belgium, Marshall Islands, Viet Nam, Australia, Cape Verde, Albania, Andorra, Burkina Faso, Cambodia, Estonia, Guinea Bissau, Iceland, Republic of Moldova, Monaco, Mongolia, Mozambique, Poland, Sri Lanka, Senegal, San Marino and the United Republic of Tanzania.
She said Uruguay, Venezuela and Nicaragua should be removed from the list of sponsors. Jamaica, with an asterisk, indicating that it represented the Group of Latin American and Caribbean States, should be added instead of Uruguay.
The representative of Mozambique said he appreciated the growing consensus on the issues regarding children. As almost the entire Committee was sponsoring the draft resolution, he asked that it be adopted by acclamation.
The United States asked what the difference was between adoption by consensus and by acclamation.
The CHAIRPERSON said that when a draft resolution was adopted by acclamation the Committee would applaud.
The Committee approved the draft resolution, as orally amended, by acclamation.
The United States said it reserved its right to speak when the matter came up during the Plenary.
The representative of Malta said, in joining the consensus, his Government recognized the rights of parents and guardians to give children appropriate guidance, as recognized in the context of the Convention on the Rights of the Child. It had reservations about the definition of the term "reproductive health" in operative paragraph 29 in the context of Malta's national legislation. He asked that that position be reflected in the records of the Committee.
Third Committee - 15 - Press Release GA/SHC/3401 49th Meeting (PM) 22 November 1996
The representative of Ireland, speaking on behalf of the European Union, thanked all those involved in the negotiations, particularly Uruguay who chaired the meetings. Although the draft resolution held no financial implications, rule 153 of the Rules and Procedures stated that before the Committee could propose that the General Assembly adopt a resolution there must be a statement of formal budget implications. For future resolutions, it would be best if all budget implications were distributed well in advance of any action.
The Committee Secretary said that the information would be delivered at the very earliest moment it was available from the budget office.
The representative of Costa Rica, on behalf of the Group of 77 and China, stated her pleasure at the adoption of the measure and thanked Uruguay for doing everything possible in seeing that the draft resolution was adopted.
The CHAIRPERSON proposed that the Committee recommend to the General Assembly that it take note of the report of the Secretary-General on the status of the Convention on the Rights of the Child (document A/51/424). The Committee approved the recommendation without a vote.
The Committee then took action on the draft resolution on measures to combat contemporary forms of racism, racial discrimination, xenophobia and related intolerance.
Costa Rica, speaking on behalf of the Group of 77 and China, thanked Algeria and Cuba for their work on the two resolutions on the elimination of racism and racial discrimination.
The Committee approved the draft resolution without a vote.
The United States said it reserved its right to speak when the matter came up during the plenary.
The Committee then took action on a draft resolution on the Third Decade to Combat Racism and Racial Discrimination.
The representative of Costa Rica said the asterisk, indicating that representation of the Group of 77 and China, should be placed next to Costa Rica and not Mexico.
Turkey and the former Yugoslav Republic of Macedonia asked to be added to the list of co-sponsors.
The Committee approved the draft resolution, as orally amended, without a vote.
Third Committee - 16 - Press Release GA/SHC/3401 49th Meeting (PM) 22 November 1996
The CHAIRPERSON then proposed that the Committee recommend to the General Assembly that it take note of the report of the Secretary-General on the status of the International Convention on the Suppression and Punishment of the Crime of Apartheid (document A/51/427). The Committee approved the recommendation without a vote.
The Committee then took action on a draft resolution on torture and other cruel, inhuman or degrading treatment or punishment.
The Committee Secretary announced a number of technical corrections to the draft resolution:
--Operative paragraph 1 should read: "Welcomes the report by the Committee against Torture submitted in accordance with the provision of article 24 of the Convention against Torture";
-- In operative paragraph 7, line 4, the words "including Member States" should be inserted after the words "all concerned";
-- Operative paragraph 9 should read: "Commends the Office of the High Commissioner for Human Rights/Centre for Human Rights of the Secretariat for support to States in preparing national reports to the Committee";
-- In operative paragraph 12, line 2, the word "optional" should be inserted before the word "protocol";
Denmark announced the following amendments:
-- In operative paragraph 12, line 3, "establishing a preventive system of regular visits to places of detention" should be deleted;
-- In operative paragraph 20, line 1, the word "developing" should be replaced by the word "recipient" and the word "consider" should be inserted after the words "agreed to". In the second line, the world "include" should be changed to "including", and the words "development cooperation" should be deleted;
The representative of Egypt said that his Government was not joining the consensus on the draft resolution. The Committee had not taken into account the amendment he had proposed which asked for the addition of a paragraph. The new paragraph would invite the Committee in its effort to combat torture to reflect the opinion of States parties in its final report in order to verify the objectivity of that report. Egypt had important issues requiring verification within the Commission. These comments addressed a secret investigation and inquiry in Egypt as well as the inclusion of the results of the procedure in the annual report of the Committee on Torture to States
Third Committee - 17 - Press Release GA/SHC/3401 49th Meeting (PM) 22 November 1996
parties to the Convention. In addition, the report was included as an official document to the General Assembly. The Committee's report merely selected short extracts from Egypt's response and did not reflect the full contents, truth and objectivity in Egypt's position. This selective treatment took place despite his request to the Committee to annex the text of Egypt's response to the report. Egypt would like to see this entire situation explained in the report of the Third Committee. He requested that copies of the report of the Committee on Torture be distributed in English.
Costa Rica, Republic of Moldova and Cote d'Ivoire asked to be added as co-sponsors.
The Committee approved the draft resolution, as orally amended, without a vote.
The representative of the United States said his Government had joined the consensus because it was a strong supporter of the Voluntary Fund and took pride in supporting the Convention. Full and faithful compliance to the Convention was needed. Regarding the work and effectiveness of the Special Rapporteur, he said it was inappropriate for the Committee to comment about specific efforts taken by the Special Rapporteur in fulfilling his or her mandate.
The Committee then took action on a draft resolution before the Committee on the effective implementation of international instruments of human rights, including reporting obligations under international instruments on human rights. The representative of Canada read the following amendments to the resolution:
-- In operative paragraph 5, lines 1 and 2, delete the words "within existing resources";
-- In operative paragraph 18, line 1, replace the word "endorses" with "welcomes";
-- Operative paragraph 21 should be deleted;
-- In operative paragraph 22, line 3, replace "opportunities for the" with "the feasibility of".
He said the following countries had been added to the list of sponsors: Malta, South Africa, Spain, Costa Rica, Russian Federation, United States, Guatemala, San Marino, El Salvador, Ukraine, New Zealand and Ireland.
The Committee approved the draft resolution, as orally revised, without a vote.
Third Committee - 18 - Press Release GA/SHC/3401 49th Meeting (PM) 22 November 1996
The representative of Japan said her Government had joined in the adoption by consensus. However, it believed that the meeting of the chairpersons of treaty bodies should be requested to review their working methods, so as to further enhance the efficiency of their work, particularly the reduction of delays in their consideration of reports. Japan would have preferred that this element be included in the resolution.
Right of Reply
The representative of Sudan, replying to a statement by the United States said the Sudan looked with great appreciation to the United States. However, behind all the cosmetics there was an unpleasant attitude. Why did the representative impose double standards while the United States turned a blind eye to the human rights violations of their allies? All the Sudanese people felt that they had been repeatedly accused of those fictions because of Islam. The United States linked Islam to all forms of torture and terrorism and relied on oppression and sanction to impose its views rather than through conviction and dialogue.
The representative of Iran said a few delegations had made observations about the human rights situation in Iran and their objectives stemmed from short-sighted political considerations. The reports of various non- governmental organizations categorically documented instances of ill treatment by police and sexual abuse by prison guards, among other human rights violations, in the United States. Many Western countries also had human rights violations. It was a matter of regret and irony that the self- proclaimed champions of human rights did not rectify their own problems. Instead they played the role of universal guardians and preachers of human rights and levelled unsubstantiated remarks against other countries on a purely subjective basis.
The representative of Turkey, said it had become a politically motivated habit of Greece to take the floor and repeat the same allegations against Turkey year after year. It was a case of collective, compulsive, obsessive, xenophobic nationalism that abused the patience and valuable time of the Committee. He wanted to remind the representative of Greece that the division of Cyprus took place 33 years ago. Given Greece's direct responsibility in those events, how could it accuse Turkey? The representative of Greece was well aware that Turkey's intervention was taken in accordance with its rights as spelled out in the Treaty. By its legitimate action in 1974 and its presence today, Turkey was protecting the right to life of the Turkish-Cypriot community.
The representative of Greece, speaking in exercise of the right of reply, said Turkey was following a familiar pattern of distorting the facts regarding Cyprus. Unfortunately, for Turkey, the facts spoke for themselves.
Third Committee - 19 - Press Release GA/SHC/3401 49th Meeting (PM) 22 November 1996
Ethnic cleansing was a practice Turkey had been applying for decades. The decisions and reports of non-governmental organizations and international organizations had been castigating Turkey in the field of human rights for years.
The representative of Cyprus, speaking in exercise of the right of reply, said his Government had displayed the necessary determination to achieve a just and viable solution to the Cyprus situation, which would safeguard the human rights of Greek and Turkish Cypriots alike. It had presented proposals to the Turkish-Cypriot side which went far beyond the protection of cultural, religious and linguistic identity and aimed at creating a bicommunal federal republic. The Turkish side had not yet shown any signs of change in its intransigent policy.
The representative of Turkey said he was speaking now in reply to Greece and only Greece. The representative of Greece's allegations did not merit a more comprehensive reply than the preambular part of his first reply.
* *** *