In progress at UNHQ

HR/CN/798

COMMISSION ON HUMAN RIGHTS DISCUSSES CHILD RIGHTS

14 April 1997


Press Release
HR/CN/798


COMMISSION ON HUMAN RIGHTS DISCUSSES CHILD RIGHTS

19970414

GENEVA, 10 April (UN Information Service) -- The sale of children, child prostitution, child pornography and related issues were discussed this evening by the Commission on Human Rights, with the group's Special Rapporteur on the topic telling the meeting that insensitive handling of victims of such abuses could cause far more anguish than already had been inflicted.

The Rapporteur, Ofelia Calcetas-Santos, said the plight of child victims under "response mechanisms" in fact was among her serious concerns; the justice system, unhappily, did not always succeed in alleviating the suffering of child victims, and she had therefore included in her annual report to the Commission a review of problems frequently encountered in the fields of law enforcement, prosecution, court procedures, and recovery and reintegration of children.

Also addressing the Commission was the Chairman-Rapporteur of a working group on a draft optional protocol to the Convention on the Rights of the Child which would focus on sale of children, child prostitution, and child pornography. Ivan Mora Godoy said negotiations in the group had focused on differing approaches on the scope of the protocol -- on whether it should be restricted to the sale of children with the purpose of sexual exploitation or have wider applications. He added that numerous other matters still had to be resolved.

And Nils Eliasson, Chairman-Rapporteur of a working group on a draft optional protocol to the Convention which would focus on involvement of children in armed conflicts, said that extended arguments had been voiced in the group regarding the age of voluntary recruitment and how to "define away" formal military schools in certain countries which basically provided civilian education and training, and that it was his feeling that the remaining issues were so narrowed down that an agreement could be reached at one further session of the group.

The topic of child rights was taken up following completion of debate on alleged human-rights abuses around the world, which had stretched over three days, had kept the Commission in session until midnight Wednesday, and ended

early this evening in a stampede of rights of reply: in all, 26 countries felt compelled to defend themselves against charges made against them. The meeting concluded at 9 p.m.

Addressing the session were delegates or observers of Indonesia, Colombia, Australia, Switzerland, Sudan, New Zealand, Venezuela, Kuwait, Azerbaijan, Myanmar, Iran, Armenia, Czech Republic, Dominican Republic, Netherlands (on behalf of the European Union) and Uganda.

Also delivering statements were the following non-governmental organizations: Association for World Education; International Institute for Non-Aligned Studies; International Islamic Federation of Student Organizations; United Towns Agency for North-South Cooperation; African Association of Education for Development; International Falcon Movement; World Progress Organization; Worldview International; World Organization Against Torture; All-China Women's Federation; Aliran Kesedaran Negara.

Representatives of the following countries spoke in exercise of the right of reply: Ethiopia, Brazil, Bahrain, Nepal, Nigeria, Iran, Papua New Guinea, Egypt, Turkey, Algeria, Iraq, Latvia, Estonia, Greece, India, Nicaragua, China, Cyprus, Armenia, Azerbaijan, Peru, Kenya, Kuwait, Pakistan, Cuba, and Equatorial Guinea.

The Commission will reconvene at 10 a.m. Friday, 11 April, to consider draft resolutions tabled under several agenda items. It will continue debate on the rights of children and is expected over the course of the day to take up agenda items on conscientious objection to military service and follow-up to the World Conference on Human Rights.

Statements in Debate

AGUS TARMIDZI (Indonesia) said a representative of a non-governmental organization who spoke on behalf of Jose Ramos Horta and the observer of Portugal had made statements containing gross misrepresentations of the situation in East Timor; Mr. Ramos Horta had resorted to falsehoods and malicious misrepresentations in a statement cooked up by hook and by crook and had further discredited his political objectives; and, as history had shown, the root causes of human-rights violations in East Timor were a result of decolonization of the territory that was undeniably mishandled by the erstwhile colonial power, Portugal, bringing great suffering upon people who already had been subjugated and neglected for four centuries. It must be remembered that it was the people of East Timor -- not Ramos Horta and his collaborators -- who decided their own future and chose the path of independence through integration with Indonesia; there was growing international recognition of the correctness and legitimacy of this decision by the people of East Timor. To set the record straight, Indonesia never "annexed" West New Guinea (Irian Jaya), either. Its claim over the territory

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was legitimate and legal. Indonesia's human-rights record in East Timor was far from perfect, but it was totally untrue to claim that there had been no improvement. The commitments of the Government to ensure full respect for human rights there were beyond contention.

ARMANDO SARMIENTO (Colombia) said the autonomous office of the Attorney-General in Colombia had sent a special message to non-governmental organizations appealing for comprehension and objectivity when they dealt with Colombia. In Colombia, State bodies always maintained an honest and strategic position of strict integrity. Colombia had recognized its shortcomings in human rights. The Attorney-General was trying to punish all those who violated human rights, whether or not they were part of the State. This gave Colombia the authority to ask for comprehension and more open-mindedness while the country overcame this difficult period. It was true that there had been impunity, but not to the extent reported. Colombia was preparing a new military criminal code to deal with the violations. While not claiming to have solved all its problems, Colombia could say it had begun the long and difficult task of doing so. State officials were already been prosecuted for violations. State bodies like the Council for Human Rights, the Public Prosecutor and the Ombudsman, would help Colombians have a better future. The international community and non-governmental organizations were urged to cooperate in this undertaking.

CHRISTOPHER LANGMAN (Australia) said it was a matter of particular regret that several countries had continued to obstruct or otherwise inhibit the Commission's international human-rights monitoring functions and responsibilities. Nigeria, Iraq, Iran and Cuba had all refused to allow Special Rapporteurs to visit their countries. Australia was also concerned over the deteriorating human-rights situation in Burma and the level of political violence in Algeria. China, meanwhile, had made welcome progress on implementation of economic and social rights, on democratization of local government structures, on freedom of movement, and on implementation of a more effective administrative legal system. Australia would also hope to see improvements regarding civil and political rights. Indonesia, meanwhile, was making a serious effort to address human-rights abuses in East Timor and Irian Jaya. Australia also recognized the difficulties posed by the continuing conflict in Bougainville for Papua New Guinea, and firmly believed there was no military solution to the conflict. It therefore welcomed the decision of the Government to abandon the proposed use of mercenaries in the conflict. The Australian delegate also expressed his country's concern about the stalemate in Cyprus and over human-rights problems in Nigeria, Rwanda, Burundi and Zaire. Progress had been achieved recently in Sri Lanka and Turkey.

URS ZISWILER, observer for Switzerland, said no country in the world could claim it did not have human-rights problems; if all countries dealt with the subject in that spirit, there would be more cooperation and less confrontation. Some 2,400 cases of extrajudicial executions had been reported

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by the Special Rapporteur on the topic, and it was clear that the countries in which these executions were reported needed to extend more cooperation to the Rapporteur; it was rare that he was able to visit them. Switzerland strongly urged Nigeria, Algeria, China, United States, India, Mexico, Sri Lanka, Tajikistan and Turkey to authorize visits. Switzerland had abolished the death penalty and applauded recent action by the Republic of Moldova, Belgium, and Mauritius taking the same step, and the decision by Spain to abolish capital punishment from its military penal code. States that continued to allow capital punishment must at least follow strictly international norms on the subject, and unfortunately a number of countries did not observe these standards. Switzerland also supported the suggestion that all machinery of the Commission should be consulted before created external offices of the High Commissioner for Human Rights in countries where the situations merited unusual attention.

FATHI KHALIL MOHAMED (Sudan) said allegations of slavery in Sudan had begun in 1995 with the start of a political campaign against the Government. The campaign by Christian Solidarity International, an non-governmental organization, was flagrantly partisan. Christian Solidarity International had also totally neglected to make any reference to the thousands of children and adult southern citizens who had been abducted and subjected to forced labour and forced conscription by its Sudan People's Liberation Army allies. Many credible observers had visited Sudan legally, and none of them had ever reached such conclusions on slavery. Christian Solidarity International was a main contributor to the distortion of the image of all NGOs working in the field of human rights.

RENE WILSON (New Zealand) said there was still much to achieve in the field of human rights and fundamental freedoms. The reports before the Commission clearly demonstrated that serious human-rights violations were still continuing. It was important to balance critical remarks with a willingness to offer practical assistance and encouragement. But, if basic norms were violated, it was a matter of legitimate concern to the international community as a whole and the Commission in particular. New Zealand was concerned over the situation of human rights in Nigeria, the Great Lakes region of Africa, the former Yugoslavia, Iran, Afghanistan, Myanmar, New Guinea, East Timor and China. Meanwhile, New Zealand praised positive steps taken in Cambodia, Colombia and Haiti.

WERNER CORRALES LEAL (Venezuela) said positive political developments in Guatemala and Haiti were reflected in a real improvement of the enjoyment of human rights by the populations of these two countries. The establishment of a human-rights office in Colombia was also a welcome development. Venezuela, for its part, had spared no effort to improve its institutional capacities in the field of human rights. While Venezuela had experienced one of the most serious political and economic crisis this century, the Government had created a national human-rights commission and declared 1997 Year of Human Rights.

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Likewise, the Government had engaged, with international assistance, on an major reform programme aimed at improving the administration of justice and modernizing the country's prisons in order to create more humane conditions.

DHARAR RAZZOOQI (Kuwait) said his country fully subscribed to the fundamental principles in the United Nations Charter. The report by Max van der Stoel on the human rights situation in Iraq painted a stark picture of unimaginable tragedy. The Special Rapporteur stated that the systematic violation of the civil and political rights of the Iraqi people prevailed throughout the country. The situation of human rights in Iraq was truly deplorable. Six years after the liberation of Kuwait from the Iraqi invaders, there had been no progress in the effort to secure the release of 600 prisoners of war, Kuwaiti and third country nationals, or to determine their whereabouts. International pressure must be brought upon Iraq until it complied with all Security Council resolutions, including resolution 686, which called for immediate access to and release of all prisoners, under the supervision of the International Committee of the Red Cross, and for the return of the remains of any deceased detainees.

TOFIK MOUSSAEV (Azerbaijan) said armed aggression against the country by Armenia had resulted in gross violations of human rights; some 20 per cent of the territory of Azerbaijan was still held by Armenian armed forces, who, along with mercenaries and terrorists, had killed over 18,000 people and wounded or maimed 50,000 others. There were currently over 1 million refugees and displaced persons who suffered difficult conditions in camps; some 900 settlements had been looted and destroyed; some 5,000 Azerbaijanis were missing; and Azerbaijani hostages and prisoners of war were forced to do heavy physical labour and subjected to beatings and torture. Azerbaijan still sought a peaceful settlement of the conflict in accordance with the relevant resolutions of the Security Council and the decisions of the Organization of Security and Cooperation in Europe. The Commission should take the necessary steps in consideration of the grave violations of human rights committed by Armenia, and call upon that Government to respect international humanitarian law and withdraw armed forces from occupied Azerbaijani territories.

U DENZIL ABEL (Myanmar) said the source of the allegations made against his country were none that anti-Government forces were determined to denigrate the outstanding achievements of his Government. The reconsolidation of the more than 135 national races of the country was a top priority. An olive branch had been extended to the armed groups and all but one, have since returned to the fold. This sole remaining group opposing the Government was the Karen National Union (KNU), which had been involved in a futile armed struggle against successive Governments for almost half a century and did not enjoy the support of the 2.7 million Kayins living peacefully with other national races in Myanmar. The so-called "Karen refugee camps" on the border were in fact safe havens for the KNU groups and their sympathizers and used as bases to launch raids against Myanmar.

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SIROUS NASSERI (Iran) said the Commission had heard many convincing arguments in favour of the idea of replacing the existing confrontational approach, based on imposition, subjectivity and selectivity, with that of promotion of cooperation through genuine dialogue, mutual understanding and full transparency. Those who did not favour cooperation resisted change and were using human rights issues to further their own political ends. This year, his country had informed those countries that were sponsoring a resolution on the human-rights situation in Iran that it was willing to work towards obtaining a consensus text based on the report of the Special Representative. However, the sponsors of the resolution had tabled it without informing Iran in advance. How could this be called transparency and genuine dialogue? It was also important to note how the sponsors of the resolution viewed the report of the Special Representative, as their draft sharply differed from it. In fact, one main reason he had not been invited to visit Iran was that his report seemed irrelevant to the decisions of the sponsor. At a time of retrenchment, why should scarce resources be allocated to a futile exercise? It might be more appropriate to replace the Special Representative's mandate with a "1503" mechanism.

KAREN NAZARIAN (Armenia) said his country supported the legitimate demands for the restoration of the fundamental human rights and freedoms of the Greek-Cypriots in the occupied territory. Nagorno Karabakh was also subjected to ongoing violations of all basic human rights. The Armenian population of that region had been constantly subjected to mass exoduses and involuntary deportations from their ancestral lands, as well as to plundering of villages and towns. Resolving the Nagorno Karabakh conflict by denying the right to self-determination of the population of the region or limiting it within the territory of the Azerbaijani Republic would imply that they should, in the words of President Ter-Petrossian: "live under the permanent threat of genocide and forced deportation". Unable to set up measures and guarantees for peaceful co-existence in the region, Azerbaijan appeared to be bent on uprooting the Armenians by means of arbitrary killings and forced evictions from their homeland.

RENE WADLOW, of Association for World Education, said one of the concepts that ran through many situations of human-rights controversies in countries was that tensions within a State were the result of a conspiracy, of subversion by a small number of powerful people, often linked to outside groups; conspiracy theories served as the ideological base for both anti-governmental terrorists and for Government-sponsored repression; both tended to use the same dangerous accusations, often based on hearsay or very slim evidence, and sometimes different forms of conspiracy theories or rumours were heard even in the Commission. There needed to be a firm UN policy to provide proof for statements -- if there was a disagreement concerning facts, then fact-finding procedures needed to be established; procedures other than rights of reply, which were not allowed to NGOs, must be considered. If the spotlight of reason was not brought to bear on such conspiracy theories, such

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ideas would continue to spread, and, however unreasonable, continue to undermine confidence and trust as the Commission struggled to overcome human-rights abuses.

GOVIND NARAIN SRIVASTAVA, of the International Institute for Non-Aligned Studies, said the international community should continue to accord priority to the search for solutions to mass and flagrant violations of human rights of peoples and persons, such as terrorism. The phenomenon of terrorism was spreading throughout the world. Terrorism was considered to be an act performed by an individual or group designed to undermine the legitimate authority of a Government or State. States had now emerged as a major source of terrorism, which they mainly directed at their neighbours. The international community should strongly condemn mercenary and terrorist activities, and all States should incorporate practical measures, including legislation, to prohibit the use of their territory for the recruitment, training, assembly, transit and financing of terrorism.

GHULAM MOHAMMAD SAFI, of the International Islamic Federation of Student Organizations, said many developing countries had not been able to realize the right to enjoy an adequate standard of living because solutions had not yet been found to the complex problems of foreign debt, structural adjustment policies and their adverse impact on the full enjoyment of human rights and the right to development. United Nation's legislation also did not adequately address the economic, social and cultural rights of peoples under foreign occupation, concentrating as it did on political aspects. The international community and the Commission should pay attention to the economic, social and cultural rights of the Kashmiris, who had suffered under 50 years of Indian occupation. The 700,000-strong Indian occupation force in Kashmir had caused massive environmental degradation and ruined Kashmir's economy, blocking all channels for growth and development.

PAZ MARTINEZ-NIETO, of United Towns Agency for North-South Cooperation, said there were human-rights violations in Tibet, Guatemala and Papua New Guinea. Cuban delegates had warned the group not to deal with the situation of human rights there threat, threatening to withdraw its consultative status before the Economic and Social Council. United Towns Agency condemned this attempt at blackmail. It congratulated the Special Rapporteur on human rights in Cuba for his report; it was a pity he had not been able to witness the real situation there because of his inability to visit the country. United Towns Agency had received alarming news about repression of independent journalists in Cuba. Dissidents had asked the group to tell the world about the human rights violations -- the attitude of the delegation of Cuba could kill the messenger.

GHENNET GIRMA, of African Association of Education for Development, said it was unfair to condemn countries caught up in civil wars for human-rights abuses without pinpointing the decisive role of external powers involved.

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That was certainly the case in Africa. Wars which were not in the interest of Africa were going on there, and the link between the turmoil in the Great Lakes region and the resumption of armed conflicts in the Horn of Africa were reinforced by those who were sponsoring and backing loyal elements from outside; it all had nothing to do with upholding human rights and defending democracy, since all of the countries involved had negative records as far as human rights were concerned. It should be recalled that when Marshal Mobutu Sese Seko took power years ago, he had the support of the United States, who used him to counteract forces at the time in Angola and Mozambique. Africa should not be a battleground where other forces had the impression of waging a crusade against a jihad, either, especially in countries like Eritrea and Ethiopia, where Christianity and Islam had large followings and had been coexisting harmoniously for centuries. Recently old habits had returned of fostering ethnic conflict, yet the Prime Minister of Ethiopia would soon travel to the United States to receive an award that was mystifying to Ethiopian citizens, who were not happy with his regime at all; what the United States was doing would not promote human rights in Ethiopia.

MITRA KEIHANI, of the International Falcon Movement, said the situation in Iran had sharply deteriorated in 1996, with the number of publicly announced executions tripling over the year. Large-scale arbitrary arrests under different pretexts continued unabated; peaceful protests and demonstrations were brutally suppressed; the persecution of members of religious minorities continued and women were subjected to arrest, imprisonment and public execution if they violated the dress code. In 1996, 32 Iranian dissidents had been assassinated abroad; the killing of four Iranian dissidents in Germany in 1992 was, according to a recent German court judgment, attributable to the highest levels of the State in Iran. Terrorism, intimidation and blackmail were the pillars of the Iranian regime's foreign policy.

NAZIMA FAUZIA KABIR, of the International Progress Organisation, said armed groups, whose existence constituted a major violation of human rights, were mushrooming. How long such groups remained active depended on what the international community would do to curb nations that sustained them. In South Asia, the advent of this breed of mercenary group could be traced to the activities of the Inter Services Intelligence of Pakistan. The existence of terrorist training camps, and Pakistan's involvement in them, had been the subject of many reports in the international media. If today the denial of human rights was occurring in many parts of South Asia, it was because of these groups, which had created an environment in which civilized society could only struggle to function. It was time for Pakistan to remember that the fire one set to a neighbour's home could engulf one's own home.

SYBILLE RUPPRECHT, of International Institute for Peace, said Pakistan was a democracy, but had a somewhat different flavour than most: a supra-Constitutional body of non-elected individuals oversaw the Government

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and had connections to the country's past military legacy; only members of the majority community could hold the highest offices in the land; the Constitutional and legal systems allowed those in power to declare others non-citizens or second-class citizens; theocratic concepts were incorporated and resulted in widespread religious discrimination, including acts against Hindus, destruction of temples and killing of Christians for blasphemy; the Mohajirs had been targeted for police action in their home province for years; and women were turned into second-class citizens. Deaths in police custody, especially of Mohajirs, had in fact been sanctified by the former Minister of the Interior, who had said that was the only way to treat such people. Pakistan also served as a base for terrorist groups, not in an underground fashion, but overtly. The country's new Government must win international credibility by ending these human-rights abuses.

DAVID TAW, of Worldview International Foundation, said a humanitarian and human-rights crisis now existed along the Thai/Burmese border. The State Law and Order Restoration Council (SLORC) that ran Burma had forced hundreds of thousands of people to live in relocation sites; there were at least 450,000 dislocated Burmese inside Thailand, and at least a similar number near the border. In Shan state, massive forced relocations continued; in Karenni state, another relocation campaign had affected at least 180 villages, many of which had been burned to the ground. The Commission must emphasize in its resolution on Burma the situation along the Thai/Burmese border. The international community must continue international humanitarian assistance to the region, and to work to improve the security of refugees by moving camps farther inside Thailand; Thailand must continue its long tradition of humanitarian assistance by not repatriating any refugees until a peaceful, lasting solution to the crisis had been found; and SLORC must stop its campaign of force against the civilian population and political opposition groups in Burma and begin serious dialogue with the democracy movement and ethnic nationalities to reach a national reconciliation.

ERIC SOTTAS, of World Organization Against Torture, said that in Iran, massive violations continued despite numerous resolutions passed by the Commission; the relevant Special Rapporteur had been unable to visit the country. Iran furthermore continued to carry out terrorist activities and assassinations abroad; executions within the country often were carried out in summary manner, and there was persecution of religious groups considered to be non-conformist; the Baha'i community continued to pay a very high price and was subject to extreme persecution. The question was how the United Nations intended to implement the 39 resolutions already adopted on Iran. In Colombia, kidnappings, including by paramilitary groups, continued, along with numerous other human-rights abuses; the new office of the High Commissioner for Human Rights in Colombia must focus on this problem as one of its first priorities; kidnapping was the cruellest demonstration of the overwhelming dimensions of the conflict in the country; measures taken to date by Governments had been insufficient in the face of kidnappings, which were

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carried out for ransom to fund armed groups, to exact revenge, or accomplish other illicit and dangerous purposes. The difficult situation in the country must not be given as an excuse for the industry of kidnapping.

FENG GUI, of All China Women's Federation, said she would speak about the United States and a small number of Western countries which reprimanded others on human rights. The American Government would be well advised to care more about the human-rights situation in its own country. It was known to all that the United States was classified as a country where the rate of violent crime was among the most severe and serious. The country was also famous for its notorious racial discrimination, and the cases were too many to list. Gender discrimination was another very serious and common phenomenon in the United States, a country that had repeatedly encroached upon the human rights of women of other countries. It was difficult to believe that a country which had once abused the human rights of Chinese women and still refused to face squarely the progress and development China had achieved would sincerely care about the country's human-rights situation. The Federation advised countries like the United States, Netherlands and Denmark -- where there existed racial discrimination, xenophobia, police violence and other human-rights abuses -- that they should first and foremost solve their own problems.

DEBBIE STOTHARD, of Aliran Kesedaran Negara, said the deteriorating human rights situation in Burma had been documented by the Special Rapporteur and many international organizations. Burma's State Law and Order Restoration Council's stated priority to ensure food and shelter for the country's citizens was perplexing in the light of the fact that SLORC had recently deprived tens of thousands of people in Burma of these very rights. Testimonies from recently-arrived refugees at the Thai-Burma border clearly showed that there had not been any abatement of SLORC's horrific human-rights abuses, which included arbitrary killings, torture, rape and assault. About 2 million people were being forced to work on infrastructure development projects whose beneficiaries were the SLORC, their families, their associates and foreign companies.

FACTOR MENDEZ, of Commission for the Defense of Human Rights in Central America, said one of the most devastating evils afflicting countries was impunity, owing, among other things, to the lack of responsibility and social awareness of those in power; impunity damaged the entire social fabric, as in Guatemala and Peru. Guatemala had suffered most of this century from social, economic, and political injustice, and impunity there had impeded the democratic process and the peace process -- one could not build peace and progress on bodies, on impunity, and on lies. To combat impunity, what was needed was legitimacy and effectiveness on the part of States; when those who infringed human rights were not punished, they increased their degradations. In Guatemala, those in the military who had committed violations of human rights had escaped punishment and even studied abroad; no effort should be

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spared to punish those responsible for offenses in Guatemala, as peace was at stake; currently the only true peace in that country was in the cemetery; the mandate of the Independent Expert for Guatemala must be extended. In Peru, there were thousands in prisons under questionable or utterly fraudulent convictions, and the conditions under which they were held were abominable.

FARZIN HASHEMI, of the International Association of Democratic Lawyers, said that during the last year, violations of fundamental human rights in Iran had taken a new and unprecedented dimension. The right to life, the most fundamental right of human beings, had been systematically violated in Iran. The threat to life went beyond the Iranian border: there had been an unprecedented rise in the assassination of Iranian dissidents abroad. Such blatant use of intimidation required a decisive response from the international community and the Commission.

Right of Reply

The representative of Ethiopia, referring to a statement by the NGO Society for Threatened Peoples regarding the Oromo Liberation Front, said that party had participated in the elections that followed the demise of the military dictatorship; it had withdrawn from the Government just before the regional elections in 1992 after realizing it was not going to win the elections, which had been free and fair. The Oromo people of Ethiopia enjoyed autonomy. The NGO in question had deliberately distorted the truth. Human rights were respected in Ethiopia, a State created on the basis of the equality of all people within the context of a multi-cultural society.

The representative of Brazil said an NGO had referred to landless peasants in Brazil; the delegation rejected the implication of complacency by the Government in the face of violence against peasants. In fact the Government energetically combatted such violence and battled against illegal acquisition and use of firearms. The Government was vigorously pursuing land reform, and under the current President land reform had made more progress than over the previous 30 years. The goal was to settle 208,000 families on expropriated land before the end of 1998. It also was absurd to allege that agrarian reform in Brazil hampered the right of indigenous populations to their lands; extensive information on this subject had been provided to the Commission by Brazil under agenda item 24.

The representative of Bahrain said an NGO speaking about Bahrain had, as at previous sessions of the Commission, presented false information. It had thereby lost its credibility. They were not aware of the plot hatched by fundamentalists in Bahrain. They would do better to consider the positive steps and measures Bahrain had taken. Some organizations wanted to undermine security in the region through the use of religious fanaticism. Bahrain was not the only country affected by such terrorist movements. Bahrain had to protect its citizens from those terrorists.

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The representative of Nepal said the remarks made in the report of the Special Rapporteur on arbitrary executions regarding deaths of detainees in suspicious circumstances were baseless. An investigation had been conducted into these charges, with no conclusive evidence of wrongdoing being found. Extrajudicial killings did not take place in Nepal. The constitution of Nepal guaranteed basic human rights to every citizen. Concerning the charges that hundreds of innocent people had been arrested, detained and imprisoned during the people's war without due process of law, the Constitution clearly stated that any person arrested and held in custody had to be brought before a judicial authority within a period a period of 24 hours after arrest.

The representative of Nigeria said statements made on Nigeria required the following response: allegations of arbitrary detention and summary executions were unfounded; those in prison were lawfully there. Moreover, Nigeria did not cancel a visit by two Commission Special Rapporteurs; rather it was the Rapporteurs who cancelled the trip; Nigeria still would welcome the visit, and requested the Rapporteurs to reschedule such a trip by contacting the Government. The delegation also wished to state that the democratic transition in Nigeria was under way and on schedule.

The representative of Iran said, in reference to statements made by the United States and Norway, that those two countries should listen to the wise saying that those who live in glass houses should not throw stones. If the United States was sincere in its concern for human rights, they should start in their own backyard and let Special Rapporteurs visit their prisons. The systematic violations occurring in the United States were of a huge magnitude -- delegates only had to see the report of the Special Rapporteur on racism. In Norway, the Muslim minority had always been subjected to the worst racial and religious discrimination. Norway's Government bred Islamophobia. It was hard to understand why it took this hostile position against Muslims. If international sanctions were to be imposed, it was Norway which deserved them for its unacceptable treatment of Muslims.

The representative of Papua New Guinea said the international community was familiar with the complex problem his country faced in Bougainville. The problem had begun with a landowners' revolt in 1974. Since 1990, many peace initiatives had been launched, some under the auspices of the United Nations and the Commonwealth, others under the auspices of regional neighbours. Yet the implementation process of peace accords reached had always been obstructed by a minority of Bougainville criminal elements. Some of the leaders of the Bougainville Revolutionary Army were among the most wanted men in Papua New Guinea. The Bougainville Revolutionary Army had no control over its men. The self-determination of Bougainville was not negotiable. The allegation by Solomon Islands that men, women and children had been tortured, raped and murdered was outrageous.

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The representative of Egypt, speaking in right of reply, said it wished to dispel any misguided ideas from what had been said by NGOs. Egypt complied with all its commitments pursuant to international instruments. The judiciary was independent and there was separation of powers in the Government; the question raised by the Arab Lawyers Union was being dealt with by the judiciary with all standard protections and procedures. It was important not to confuse terrorism and acts of terrorism carried out by isolated, irresponsible hired bands. Islam as a religion was known for its refusal of violence and for its tolerance, and it was innocent of acts carried out by extremists who misused Islam. Religious extremism was an exception condemned by the masses in Egypt, and extremists perhaps were seeking to use religion for their own purposes. What mattered in Egypt was economic opportunity and progress for all, which was being pursued with fairness and vigour.

The representative of Turkey said it was cynical of the European Union representative to condemn terrorism when several Union countries embraced terrorist elements and allowed them to engage in activities for the dismemberment of his country. The European Union was better advised to concentrate on the serious human-rights violations taking place in member countries.

In the absence of the Turkish Cypriot side, the Commission had become a body monopolized by the Greek Cypriot side for political propaganda purposes on the question of Cyprus, he continued. The Greek Cypriot Community representative, together with the representative of Greece, had rehashed the same litany of misrepresentations and distortion on Cyprus before the Commission. It was Greek Cypriot Forces and Greece which had carried out gross human rights violations on the island since December 1963.

The representative of Algeria said he refuted both the contents and the form of Amnesty International's statement concerning events in Algeria. The statement, riddled with a lack of professionalism, reflected ignorance of developments in his country, such as the progress recorded in democratization. The report contained fantastic allegations and anonymous statements; it had not been allowed to be challenged. The thesis advanced in it showed Amnesty leaders were ignorant of the constitutive elements of the State and of legal matters. The distinguished jurists of Amnesty had introduced two strange new legal concepts: armed opposition groups and politically motivated crimes. What politically motivated crime could justify the recent killing, in Blida, Algeria, of a six-month-old baby in the arms of his mother?

The representative of Iraq said the statement made by the United States contained allegations that deserved response: destruction of weapons of mass destruction was the responsibility of the Security Council, and the Iraqi Government was cooperating with the officials sent to oversee the process; in any case, the subject was not a matter for the Commission and should not be discussed here. Considering the suffering endured by the people of Iraq, the

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United States was not qualified to criticize Iraq, since the United States was behind the cruel economic embargo inflicted on Iraq. Iraq had no interest in withholding information on the subject of missing persons; it, too, was awaiting information on its missing persons, as was Kuwait, and had cooperated fully with those looking into the question of missing persons. Iraq had cooperated fully with all inquiries and requirement, and yet the international embargo had not been lifted; the embargo must be lifted if the international community truly cared about human rights. If Kuwait was sincere, that country must cease from spending billions of dollars to help maintain the embargo against Iraq.

The representative of Latvia said it was responding to unacceptable allegations made by the Russian Federation. Latvia had shown openness to the international community regarding human rights. The recommendations of international human rights bodies had been taken into account in Latvian legislation, a fact which had been praised. And last year, the General Assembly had concluded consideration of the question of human rights in Latvia after examining information received from the High Commissioner for Human Rights. Russia said that hundreds of thousands of Russians were unable to return to Latvia. This was simply not correct. These persons could freely return to latvia and gain citizenship, while maintaining their language.

The representative of Estonia said, in response to a statement made by the Russian Federation, that according to Estonian legislation and administrative practice, everybody had the right to leave and return to the country. The Estonian Government has provided alien passports to all residents who did not have any other valid travel documents. Alien passports had been granted to all who had applied for them. As the Foreign Minister of Estonia had said before the Permanent Council of the Organization for Security and Cooperation in Europe, Estonia had strengthened the institution of the High Commissioner on National Minorities by helping to create a new diplomatic instrument and promote its credibility and authority.

The representative of Greece said the representative of Turkey, in exercising his right of reply, had referred to Cyprus; he could say what he wished, but when would Turkey implement Security Council and General Assembly resolutions? What was it doing on the soil of Cyprus, a sovereign country? When would it withdraw? And when would it respect the rights of Greek Cypriots? Meanwhile, what was the record of Turkey in human rights? It was a country that remained under the constant review of international human-rights mechanisms. Turkey had no business criticizing anyone else on human rights.

The representative of India said India was forced to take the floor because Pakistan and its surrogates had maintained a one-point agenda with baseless attacks on the country. If Pakistan championed self-determination, Pakistan was encouraged to address the self-determination of some segments of its own population. Pakistan seemed to have problems with elections in India.

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Those who were new to democracy and supported violence might find those institutions difficult to uphold. Pakistan made its comments for domestic consumption and it took liberties with the truth. Violations of human rights in Pakistan were endemic.

The representative of Nicaragua said 80 per cent of the population that could do so had voted during the elections of October 1996. Cuba's remarks against the Government of Nicaragua was an affront to the people of his country. Maintaining that 51 per cent of the population were Somoza supporters was absurd; Cuba should give up trying to resurrect Somoza's ghost. Nicaragua was a pluralistic and democratic society. Cuba's regime, on the other hand, was characterized by massive violations of the United Nations Charter.

The representative of China said that over the past two days the United States and a few other countries had made accusations against China that were based on lies and distortions. In fact China had made untiring efforts to promote and protect human rights; and tremendous progress had been made, especially over the last seven years, with last year the best yet, as the economy had enjoyed a high rate of growth and the living standards of Chinese had risen accordingly. Major amendments had been made to criminal and procedural law. China attached great importance to international cooperation in human rights, and had ratified many international instruments and had met its obligations. It had always supported the work of the Commission's thematic rapporteurs. The accusations made by a few Western countries were without any justification; disagreements over human rights could only be resolved through dialogue and cooperation, and China urged those few who obstinately clung to methods of confrontation to change their ways.

The representative of Cyprus said the Cypriot representative was recognized by the whole world, except Turkey. If Turkey had not exploited the Turkish Cypriot community, Turkish Cypriot compatriots would have been sitting at the Commission with the delegation. The statement of the Turkish representative did not really need an answer. It was common knowledge, mentioned in all reports by rapporteurs and NGOs, that Turkey was a serious violator of human rights. The international community had condemned Turkey's invasion of Cyprus and its ethnic cleansing, but Turkey ignored everyone. Turkey invaded Cyprus to further its expansionist policies. Turkey, which aspired to be a member of the European Union, must learn to live in accordance with European Union values and international law.

The representative of Armenia said the statement of the Azerbaijan delegate regarding the Khojalu events had been the most cynical and vicious ever made by Azerbaijan during the session. The Azerbaijan delegation referred to a 1992 military event. According to the then-Azerbaijani president Mutabilov, the responsibility for the slaughter of the civilian population of the mostly-Azeri city of Khojalu, near Stepanekert in Nagorno

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Karabakh, fully fell on the Azeri national opposition group, the Azerbaijani National Front. In the days following the event, President Mutalibov, in an interview with a Czech journalist, had said the militia of the Azerbaijani National Front actively obstructed and actually prevented the exodus of the local population through the mountain passages specifically left open by the Karabagh Armenians to facilitate the flight of civilian population.

The representative of Azerbaijan said Armenia had attempted in its statement to distort some historical facts; in fact the widespread settlement of Transcaucasia by Armenians began only after 1828. The had settled into the area now known as Armenia, where Azerbaijanis had accounted for a third of the overall population; but today, thanks violent expulsions by Armenians, there remained in Armenia not a single Azerbaijani. The army had carried out a purge; unimaginable violence was carried out against Azerbaijanis. History in this case certainly could not be used by Armenia to justify violations of human rights.

The representative of Peru said their right of reply was not to counter anything said but to make the Commission aware of a situation. An NGO, the Commission for Human Rights in Central America, had made a reference to Peru. When the delegation had asked them for a copy of a statement, they had provided a text which did not include the part on Peru. When asked about this, the group said it did not have the part on Peru. The delegation believed there were people in the meeting room who did not have the right to speak but who were using the time allotted to NGOs. Anyone could issue an opinion, but exercise of that right implied a responsibility for what one said. Anonymity was a characteristic of cowards.

The representative of Kenya said, in response to remarks made yesterday by the European Union's representative, that the administration of justice in Kenya was based on the Constitution, and that the prerogatives of the legal profession were jealously guarded by legal practitioners. Police services were enjoined to operate within the law. And an independent and competent electoral commission existed to guaranteed free and fair elections.

The representative of Kuwait said Iraq as usual always pursued a policy of polemics, rhetoric, gimmicks, and continued disinformation -- that was the order of the day in Iraq. He had spoken in his intervention of one humanitarian issue -- to release prisoners of war and identify missing persons. Simple. That was the message. Six years after the end of hostilities, Iraq had a moral responsibility in terms of international humanitarian conventions and other human-rights agreements and Security Council resolutions, to resolve this matter. Iraq had responded by procrastination, dragging its feet, and by playing hide-and-seek. Kuwait knew what Iraq had done all these years, but it wanted independent international confirmation so that history would be made -- so that it would be known exactly what Iraq had done. Who waged war against Kuwait? Who victimized and

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terrorized the Kuwaitis and then destroyed Kuwait's environment, causing damage of billions of dollars? Iraq, if it hoped to see a light at the end of the tunnel, had to implement Security Council resolutions, release 600 prisoners of war, and identify the missing.

The representative of Pakistan said that in its right of reply, India had said Pakistan was new to democracy. Maybe it was, but Pakistan had done a better job of it than India had in 50 years. Humility had never been an attribute of India, which called itself the world's largest democracy. It was, in fact, the world's largest hypocrisy. It harped on elections in Indian-held Kashmir , but the media had said that the Kashmiris had gone to the polls at gunpoint. The media had even reported that dead men had cast votes.

The representative of Cuba said Nicaragua had used large sums of money to finance the election campaign, and to pay for the post, of the person who had spoken on its behalf this morning. He hoped there would be no more repetitions of the theatrical performance of the Nicaraguan delegate so as to allow the Commission to carry out more constructive work.

The representative of Equatorial Guinea said what had been said by Pax Romana and the World Alliance of Reformed Churches forced him to take the floor, as their statements did not reflect actual facts or circumstances. Equatorial Guinea today was undergoing democratic change -- those were the facts. Equatorial Guinea could not accept language that ignored the facts as reported by United Nations Special Rapporteurs and human-rights mechanisms; NGOs must avoid misrepresenting Equatorial Guinea and work in the field -- they seemed incapable of it, to his way to thinking, given the facts they came up with. Some NGOs did good work in the field in Equatorial Guinea, but the country could never give credence to the words of NGOs who did not see the country and only popped up here at the Commission.

The representative of Iraq said his delegation did not have a flair for acting as the representative of Kuwait had. Iraq had too much respect for the international community, so it could only refer to substance. The attempt of the representative of Kuwait to play on the feelings of others and gain their sympathy with exaggerated language would not be imitated by Iraq. Iraq would be grateful if the Chairman could draw the attention of Kuwait to the language he had used and insist he speak in an appropriate fashion.

The representative of Kuwait said Iraq had no right to give lessons on ethics to Kuwait. He only wished to reiterate one message to Iraq: "fulfil your obligations under international law and release the prisoners of war".

The representative of Armenia said massive violations of human rights such as those carried out by Azerbaijan were international crimes and could not be considered as internal affairs of State. Any State truly concerned

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with human rights should ratify the relevant international instruments; the fact that most of such instruments had not been ratified by Azerbaijan over the five years of its existence said a great deal about that country. Basing a country on blood and violence, as Azerbaijan had, was not the best way to build a democracy.

The representative of Azerbaijan said he wished to inform the Commission that Azerbaijan had ratified all the international documents mentioned by the representative of Armenia in his previous statement.

Children's Rights

The Commission took up this evening a general discussion on children's rights with the aid of a number of documents, including the report of its working group on a draft optional protocol to the Convention on the Rights of the Child on involvement of children in armed conflicts on its third session in January (document E/CN.4/1997/96). The report indicates that among the outstanding questions in the search for an instrument to protect children from armed conflicts are what should be the age of persons participating in hostilities, 17 or 18; and whether the protocol should prohibit all or only direct involvement in hostilities. The draft protocol is annexed to the report.

The Commission was presented with a report by the Special Rapporteur on the sale of children, child prostitution and child pornography, Ofelia Calcetas-Santos (document E/CN.4/1997/95). In reviewing the issues involved, the Special Rapporteur writes that any kind of sexual exploitation can be devastating to a child, but commercial sexual exploitation has long-lasting and deep-seated effects cover the entire range of the personhood of the child, physical, mental and psychological. As the sex market has changed and developed, the traditional pimp and the brothel "Madam" are no longer the only ones supplying child sex clients. Getting more and more involved are exploiters in the upper echelons of the industry, including members of organized crime, traffickers, tour organizers, corrupt officials and, unfortunately, also parents and caretakers of children. As for the users, soldiers and other members of the military, both local and foreign, have long represented a substantial portion of the demand for commercial sex. Sex tourists, as individuals entering into sexual exploitative relationships with local women, men or children while travelling for leisure purposes, do not represent an homogeneous group. Though the vast majority are heterosexual males, there are also homosexual and paedophile sex tourists. In many areas, sex tourists represent the major source of demand for children in prostitution.

According to the Special Rapporteur, making the commitment to do something to combat the sale, prostitution and pornography of children is not difficult, as shown by the almost universal acceptance of the Convention on

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the Rights of the Child, achieved in a short period of time. Translating the commitment into action, however, is quite another matter. Most Governments, non-governmental organizations or individuals wanting to do their part are daunted by the magnitude of the problems and find difficulty in even making a start in their search for solutions. Her recommendations call for thorough analysis of causes and problems in situ and an inventory of the legislative arsenal to determine its adequacy for fighting the phenomenon.

An addendum to the report relates to her visit to the Czech Republic last May (document E/CN.4/1997/95/Add.1). The report presents some of the issues of concern and reviews laws, policies and practices prevailing in the country. Another addendum relates to her visit to the United States last December (document E/CN.4/1997/95/Add.2). The report provides, among other things, an overview of the causes and characteristics of the problem in that country, as well as the profile of perpetrators of sexual exploitation of children.

The Commission also received a report on the meeting of the working group draft optional protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (document E/CN.4/1997/97), held in February and April of 1997. According to the report, which summarizes the debate at the meeting, all the participants agreed on the urgent need for action to address the sexual exploitation of children. Many delegations stressed that a wide range of legal norms and practical measures existed to combat the problem, and that what was needed was to improve their implementation. Others believed that existing instruments did not offer adequate protection to children and that an optional protocol was necessary to fill those gaps. Most delegates agreed that the optional protocol should be concise and focus on preventive measures.

There was also a report by the Secretary-General on the Status of the Convention on the Rights of the Child (document E/CN.4/1997/93). According to the report, 187 countries have ratified or acceded to the Convention, the highest acceptance rate for any human-rights instrument. Another document (E/CN.4/1997/94) draws the attention of the Commission to a report by the Secretary-General on the state of implementation of the Programme of Action for the Elimination of the Exploitation of Child Labour.

Statements in Debate

OFELIA CALCETAS-SANTOS, Special Rapporteur on the sale of children, child prostitution, and child pornography, said States increasingly were introducing laws for enhanced protection of child victims of sexual exploitation and abuse, and there was a growing trend not only to increase penalties against those responsible but also to explore punitive measures other than imprisonment. More and more states realize the imperative need for a multi-disciplinary approach when dealing with children who had been

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subjected to the trauma of abuse and exploitation; and the prevalence of preventive measures, happily, had increased in the past year.

She had included in her report some recommendations on steps that could be followed for a more systematic approach to commitments to helping children affected by sexual abuse and exploitation, the Special Rapporteur said.

The plight of child victims under response mechanisms was among her serious concerns, Ms. CALCETAS-SANTOS said; the justice system, unhappily, did not always succeed in alleviating the suffering of child victims. On the contrary, insensitive handling could damage such a child far more than the anguish already inflicted. The justice system was rife with entry points for "revictimization", and she had therefore identified problem areas in the fields of law enforcement, prosecution, court procedures, and recovery and reintegration.

She had visited the Czech Republic over the past year, she said, and was grateful for the cooperation extended. She had discovered that new-found freedoms in the region had raised some new problems for young people -- the market economy, for example, had created different needs for money for the young, and a great number of boys and girls were drawn to prostitution and pornography as these were perceived to be lucrative. This was particularly the case with boys, and in Prague the involvement of boys actually posed greater problems than that of girls.

She also had visited the United States, Ms. CALCETAS-SANTOS said, and had received laudable cooperation from the Government. Areas of concern there included child pornography on the Internet, and the inadequacy of alternative social-support systems and rehabilitation structures for victims of child sexual exploitation.

MILAN BERANEK (Czech Republic) said his country was very pleased to have had the visit of the Special Rapporteur on the sale of children, child prostitution and child pornography, with whom it had held an open and fruitful dialogue. Her mandate and the promotion of children's rights were always welcome in the Czech Republic. The Rapporteur's significant contribution in her report would make the Government's own efforts more effective.

NILS ELIASSON, Chairman-Rapporteur of the Commission's working group on a draft optional protocol to the Convention on the Rights of the Child on the involvement of children in armed conflicts, presented the panel's report. He said that it had not been possible to finalize the draft optional protocol at this year's session and that several delegations did not feel that the time was ripe for the settlement of the outstanding issues.

Agreement had been reached on, among other things, requiring only 10 ratifications for entry into force of the optional protocol, he said.

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Extensive arguments had been heard regarding the age of voluntary recruitment and how to "define away" formal military schools in certain countries which basically provided civilian education and training. Remaining issues had been narrowed down so much that an agreement could be reached at one further session of the Working Group.

IVAN MORA GODOY, Chairman-Rapporteur of the working group on a draft optional protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, said the panel had considered negotiations on definitions, how to penalize offenders and international cooperation. It had postponed negotiations on assistance, rehabilitation, compensation and other issues. One of the main results of the third session of the general debate of the Working Group had been that unlike at previous occasions, there was agreement on the need for such a protocol. This was a major change which came amid international meetings which made clear to the general public that these disgusting acts against children were on the increase and that measures to fight them was limited. There was a need to strengthen the political will of States to arrive to a positive outcome.

Mr. GODOY said there were differing approaches on the scope of the protocol, and whether it should be restricted to the sale of children with the purpose of sexual exploitation or given wider applications. There were still a large number of problems, even though opposition to the protocol had been overcome. But the main difficulty was the protocol's scope. The tenth anniversary of the World Summit on Children in the year 2000 offered a proper framework for the optional protocol once negotiations were concluded. This would establish a realistic deadline for the Working Group.

RHADYS ABREU DE POLANCO (Dominican Republic) said the World Summit on Children and other international conferences had ensured that children's rights were better known by the international community and contributed to the greater awareness of children in difficult situation. The rights of children were reaffirmed in the Vienna Programme of Action and at the Beijing Women's Conference. Her country had ratified the Convention on the Rights of the Child in 1991. This had given greater legal standing to children, and helped forge a new outlook on the problems they faced. The Dominican Republic had introduced a Code for the protection of children and adolescents which lay the groundwork for more solid institutional and civic support for children. The child and adolescent population of the Dominican Republic was 3 million, or 42.8 per cent of the population. A very large number of these young persons faced precarious situations. This was fuelled by unemployment, low family income and a lack of social services. The Code had chalked up some successes, and the rights of the child were better known as a result of an education campaign. Enhanced support was also being provided in day care centres, while a special police unit to deal with the problems of minors had been created.

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PETER VAN WULLFTEN PALTHE (Netherlands), speaking on behalf of the European Union, said the United Nations Convention on the Rights of the Children reflected the special protection the international community wished to give to children. Its core principle was the best interest of the child, which must be fully expressed in law, policy and practice. Children's rights were human rights and as such were protected by international human rights instruments. 1997 was an important year in the fight against child labour. Article 32 of the Convention recognized the right of the child to be protected from economic exploitation and from performing hazardous work, harmful to the child's education, health or development. Child prostitution and child pornography, which existed all over the world, were totally unacceptable. The physical and psychological damage inflicted on children made the commercial sexual exploitation of children one of the most hazardous forms of child labour. Special attention should be devoted to the position of girls, who, as recalled in the Beijing Platform of Action, were discriminated against from the earliest stages of life. Action was also needed to protect children from armed conflicts: an estimated two million children had been killed in armed conflicts in the past decade, while countless others had been forced to watch or even to take part in horrifying acts of violence.

LUCIAN TIBARUHA (Uganda) said a Children's Statute had been enacted by Uganda in 1996; a National Council for Children had been set up and entrusted with policy formulation for realizing the rights of children; a National Task Force was responsible for implementation of the Statute; and a United Nations Children's Fund-Uganda country programme had, among other things, a specific focus on implementing the Statute, which incorporated the provisions of the Convention on the Rights of the Child. The independent media also had taken up the challenge of promoting and protecting human rights in general and child rights in particular. The sufferings of children caught up in armed conflicts was a matter of great concern -- it was in just such situations that children should receive special protection. Uganda was no stranger to the situation of children in armed conflicts - in the past, during periods of civil wars, its children had suffered such abuses, and the rebel Lord's Resistance Army in the north of the country had committed horrendous abuses against children. The restoration of peace to the Great Lakes region of Africa would greatly contribute to the protection of child rights.

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For information media. Not an official record.