COMMISSION ADOPTS MEASURES ON HUMANITARIAN STANDARDS, SLAVERY, TRAFFIC IN WOMEN, HEALTH OF WOMEN AND GIRLS, JUSTICE ISSUES
Press Release
HR/CN/799
COMMISSION ADOPTS MEASURES ON HUMANITARIAN STANDARDS, SLAVERY, TRAFFIC IN WOMEN, HEALTH OF WOMEN AND GIRLS, JUSTICE ISSUES
19970414 Special Rapporteur on Iraq Says Widespread Human Rights Violations Continue(Reissued as received.)
GENEVA, 11 April (UN Information Service) -- The Commission on Human Rights approved resolutions this morning calling, among other things, for more vigorous national and international steps to end trafficking in women and girls; for greater efforts to prevent slavery-like practices against women and children, particularly migrant women; and for further development of principles of minimum humanitarian standards that would be considered unbreachable even in times of internal conflict and states of emergency.
The group also passed measures on promoting economic, social, and cultural rights; on implementation of the Declaration on the Elimination of All Forms of Intolerance and of Discrimination on Based on Religion and Belief; on the working methods of the Commission's principal subsidiary body, the Subcommission on Prevention of Discrimination and Protection of Minorities; on traditional practices affecting the health of women and children, in which it extended the mandate of the Subcommission's Special Rapporteur on the subject for another two years; on the question of a draft optional protocol to the Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment; and on steps to provide greater protection in the field for United Nations staff and associated personnel.
A proposed resolution on further measures to eliminate torture was discussed at length and was still under consideration when the Commission broke for lunch.
The meeting began with an address by Max Van der Stoel, Special Rapporteur on the situation of human rights in Iraq, who said that little positive could be reported over the past year and that the record of the Iraqi Government was one of long-standing, widespread, and systematic violations -- a situation that had its roots in the country's political and legal systems. Offenses were particularly evident with regard to civil and political rights
and rights to food and health, he said, adding that there was no rule of law in Iraq, no political dissent was permitted, and freedom of opinion, expression, association and assembly did not exist. He also reported that there were 16,199 unresolved cases of unresolved enforced disappearances in the country -- the worst record in the world.
A representative of Iraq, responding, charged that the Special Rapporteur had obtained his information from agents with connections with foreign States and the United States Central Intelligence Agency (CIA) that were well known for their hostility towards Iraq. His allegations of human-rights violations were baseless fabrications, he said, adding that the Special Rapporteur had not mentioned the hardships faced by the Iraqi people under the international economic embargo cruelly imposed on the country, which was causing enormous harm, among other things, to the health of the country's population.
In a resolution on traffic in women and girls, the Commission called upon Governments of countries of origin, transit, and destination to consider the ratification and enforcement of international conventions on trafficking in persons and on slavery; to take appropriate measures to address the root factors that encouraged trafficking; to step up cooperation and concerted action by relevant law-enforcement authorities and institutions; and to provide programmes to heal and rehabilitate victims.
In a resolution on contemporary forms of slavery, the Commission expressed grave concern at manifestations of contemporary forms of slavery; called upon States to consider appropriate action for protection of groups particularly vulnerable to slavery and slavery-like practices, such as children and women, including migrant women; and to consider adopting legal and administrative protective measures.
In a resolution on minimum humanitarian standards, the Commission recognized the desirability of identifying principles applicable to all situations in a manner consistent with international law; recognized the vital importance of the existence in each country of appropriate national legislation for dealing with such situations in a manner consistent with the rule of law; and invited all States to consider reviewing their national legislation on situations of public emergency to ensure that it met the requirements of the rule of law and did not involve discrimination.
The Commission will reconvene this afternoon at 3 p.m. to continue action on draft resolutions. It is scheduled to remain in session until all drafts slated for consideration are acted upon.
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Action on Resolutions and Decisions
In a resolution passed by consensus on the question of the realization in all countries of economic, social, and cultural rights, and study of special problems faced by developing countries in efforts to achieve those human rights (document E/CN.4/1997/L.26/rev.1), the Commission welcomed adoption of the Istanbul Declaration on Human Settlements and the Habitat Agenda, in particular the reaffirmation of the commitment to the full and progressive realization of the right to adequate housing; welcomed the adoption of the Rome Declaration on World Food Security and the World Food Summit Plan of Action, in particular the reaffirmation of the right of everyone to access to safe and nutritious food; called upon all States to secure, through national development policies and international cooperation, full respect for economic, social, and cultural rights, giving priority to the individuals, most often women, and communities living in extreme poverty; called upon States to promote effective and wide participation of civil society in decision-making related to promotion and protection of such rights; called upon States to consider drawing up national action plans to achieve such rights; and decided to request the High Commissioner for Human Rights and relevant mechanisms and treaty bodies to give greater attention to economic, social, and cultural rights.
MICHAEL DENNIS (United States) said the Universal Declaration of Human Rights gave everyone the right to live in adequate health. The United States welcomed resolution L.26, which followed up recommendations of several international conferences that had recognized the importance of adequate shelter and safe and nutritious food. The United States was working on the development of initiatives to respond to those recommendations, and it was pleased to support a resolution which dealt with recognised rights.
In a resolution passed by consensus as amended on implementation of the Declaration on the Elimination of All Forms of Intolerance and of Discrimination based on Religion or Belief (document E/CN.4/1997/L.38), the Commission urged States to ensure that their Constitutional and legal systems provided adequate and effective guarantees and projections in the field; to ensure that no one was deprived of the right to life, liberty, or security of person because of religion or belief, or was subjected to torture or arbitrary arrest or detention; to combat intolerance, violence, and hatred motivated by religious intolerance; to recognize the right of persons to worship or assemble in connection with religion or belief; to ensure that authorities did not discriminate on grounds of religion or belief; to make utmost efforts to ensure that religious places, sites, and shrines were fully respected and protected; to oppose acts of religious intolerance which violated the human rights of women or discriminated against women; to promote understanding and tolerance; to respect the understanding that restrictions on freedom to manifest religion or belief were permitted only if limitations were prescribed by law, were necessary to protect public safety, order, health, or morals, or
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the fundamental rights and freedoms of others, and were applied in a manner that did not vitiate the right to freedom of thought, conscience, and religion; and to cooperate with the relevant Special Rapporteur and to give serious consideration to inviting the Rapporteur to visit their countries.
In a resolution passed by consensus as revised on traffic in women and girls (document E/CN.4/1997/L.34), the Commission welcomed the convening of the World Congress against Commercial Sexual Exploitation of Children, held in August 1996; called upon Governments of countries of origin, transit, and destination, and regional and international organizations, as appropriate to implement the Platform for Action of the Fourth World Conference on Women by considering the ratification and enforcement of international conventions on trafficking in persons and on slavery; taking appropriate measures to address the root factors that encouraged trafficking; stepping up cooperation and concerted action by relevant law-enforcement authorities and institutions; allocating resources to provide programmes to heal and rehabilitate victims; and developing educational and training programmes and considering legislation aimed at preventing sex tourism and trafficking; invited Governments to take steps to ensure for victims of trafficking the respect of all their human rights and fundamental rights; and also invites Governments with the support of the United Nations, to formulate manuals for the training of personnel who receive and/or hold in temporary custody victims of gender-based violence, including trafficking.
In a measure on human rights of persons with disabilities (document E/CN.4/1997/L.39), the Commission decided to resume consideration of the question at its fifty-fourth session and to invite the Special Rapporteur on disability to be present on that occasion.
In a resolution on contemporary forms of slavery (document E/CN.4/1997/L.41), passed without a vote, the Commission expressed grave concern at manifestations of contemporary forms of slavery; called upon States to consider appropriate action for protection of groups particularly vulnerable to slavery and slavery-like practices, such as children and women, including migrant women; to consider adopting legal and administrative protective measures; to consider ratifying, if they had not done so, relevant International Labour Organisation conventions; and requested the Secretary-General to continue examining the reliability of allegations of the removal of organs and tissues of children and adults for commercial purposes, and to include, in an updated report, analysis of the question.
In a resolution passed by consensus on minimum humanitarian standards (document E/CN.4/1997/L.42), the Commission recognized the desirability of identifying principles applicable to all situations in a manner consistent with international law; recognized the vital importance of the existence in each country of appropriate national legislation for dealing with such situations in a manner consistent with the rule of law; invited all States to
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consider reviewing their national legislation relevant to situations of public emergency with a view to ensuring that it met the requirements of the rule of law and that it did not involve discrimination; and requested the Secretary-General, in coordination with others, to submit to the fifty-fourth session of the Commission an analytical report on the issue of fundamental standards of humanity.
The representative of Cuba said Cuba was grateful to Norway for presenting the text on L.42. The resolution had been subject to long consultations. Cuba was in no way opposed to this resolution being adopted by consensus. But it had a preliminary comment on the use in it of the term "internal violence", which still needed to be defined in present international law and was open to interpretations. If the text was adopted without a vote, Cuba wanted its comment noted. As to the reference in the text to the rule of law, Cuba believed that it related to consistency with internal legislations of countries as well as with international commitments the country freely accepted. On the basis of those definitions, Cuba would be able to join the consensus.
H. K. SINGH (India) said the call in L.42 on the Secretary-General to submit an analytical report on fundamental standards of humanity, India believed that human rights law and humanitarian laws were separate issues; any attempt to merge the two would only lead to a dilution of existing standards. India believed that the report called for would not contribute meaningfully to better understanding of the issues involved. It was also not feasible for the Secretary-General to submit a report on this without further debate on this matter.
In a resolution on the work of the Subcommission on Prevention of Discrimination and Protection of Minorities (document E/CN.4/1997/L.43), the Commission expressed appreciation of steps undertaken by the Subcommission to reform and improve its methods of work; requested it to continue thoroughly to review its working methods; to focus on its primary role as an advisory body of the Commission; to refrain from duplicating action by the Commission with regard to country situations unless, in exceptional cases, new and particularly grave circumstances arose; to select studies with particular attention and to take into account when doing so the recommendations of the Commission and human-rights treaty bodies; to improve further the independence and impartiality of its members, in particular during discussions concerning situations in a State of which a member of the Subcommission was a national; to facilitate efficient and effective participation of non-governmental organizations; and to improve consultations with special rapporteurs carrying out studies on its behalf. The Commission also called upon States to nominate as members and alternates for the Subcommission independent experts of recognized competence, and to respect fully the independence of elected members and alternates.
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The representative of Cuba indicated its appreciation for the spirit of cooperation and great transparency demonstrated regarding draft resolution L.43. The changes made had improved the text and therefore Cuba was ready to join the consensus on the resolution.
In a decision adopted without a vote on children and juveniles in detention (document E/CN.4/1997/L.32), the Commission requested the Secretary-General to submit an updated report on the subject for the commission's fifty-fourth session.
In a resolution passed by consensus as amended on the independence and impartiality of the judiciary, jurors and assessors and the independence of lawyers (document E/CN.4/1997/L.49), the Commission urged all governments to assist the relevant Special Rapporteur in the discharge of his mandate and to transmit to him all the information requested; encouraged governments that faced difficulties in guaranteeing the independence of judges and lawyers, or that are determined to take measures to implement those principles further, to consult and to consider the service of the Special Rapporteur, for instance by inviting him to their country; decided to extend the mandate of the Special Rapporteur for a further period of three years and requested him to submit a report on the activities relating to his mandate to the Commission.
In a resolution passed by consensus on the question of a draft optional protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (document E/CN.4/1997/L.50), the Commission requested the open-ended working group on the subject to meet for a period of two weeks prior to the fifty-forth session of the Commission in order to continue its work; requested the Secretary-General to invite governments, specialized agencies and relevant intergovernmental and non-governmental organizations, as well as the Chairperson of the Committee against Torture and the relevant Special Rapporteur to participate in the activities of the working group; and requested the Secretary-General to extend all the necessary facilities to the working group.
LI BAODONG (China) said it had always opposed torture and attached importance to the question as dealt with in the Commission and by the Special Rapporteur. For years, China had actively joined the consensus under L.51 and had hoped for consensus this year, taking an active part in the consutations. Unfortunately, a certain co-sponsor who was not cooperating had ignored the reasonable views of China and other countries. China welcomed, among other things, the revision the Danish representative had made to the text. However, this was not enough. China did not deny the work of the Special Rapporteur, but he had made some allegations toward certain countries and reached groundless. Many aspects of his work needed further improvement.
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MOURNIR ZAHRAN (Egypt) said he wished to congratulate the Danish delegation for its efforts and consultations on L.51 and thanked it for the amendment of one of its paragraph 27. Egypt was party to international conventions against torture and condemned all acts of torture under any pretext. Egypt suggested that paragraph 18 of the text be changed to read "took note of the report of the Special Rapporteur", instead of "welcomed", in order to ensure consensus.
The representative of Cuba said the delegation had listened attentively to the statement of China and the proposal of Egypt. Cuba had also taken part in consultations on the draft and wished to note that not all its concerns had been taken into account. Cuba recognized Denmark's efforts, but suggested it would be a good idea to devote a bit more time to L.51 to achieve consensus.
ROSS HYNES (Canada), commenting on China's statement and Egypt's proposal, said no one in the room would disagree that the scourge of torture had no place in the world and that it was one of the most important issues that the Commission dealt with. Because of its importance, the issue had to be dealt with under consensus, if possible. Canada did not why the Commission, as in previous years, could not welcome the report of the Special Rapporteur. Just noting it was not enough. Canada would appreciate it if China reconsidered its position.
HENRY STEEL (United Kingdom) said he very much appreciated and understood the desire of the Egyptian representative to find a middle ground for consensus and wished it were possible to accept his suggestion. There was more at stake, and this was not an occasion where the Commission should shirk the issue involved to avoid a vote. He was frankly at a loss to understand the reason why China was causing difficulty on this paragraph. It was the same formula China and the Commission had passed for years. The report of the Special Rapporteur this year and in previous years had been consistently thorough, well-documented, well-researched and written on the basis of consultations and dialogue. To change the formula this year was deliberately to downgrade the Special Rapporteur's report and the United Kingdom did not want to do that. China should consider its position again; the United Kingdom appealed to that delegate not to insist the paragraph in question be put to a vote.
LI BAODONG (China) said China had all along been opposed to torture and for years had taken a part in adopting resolutions by consensus on the matter; this year, however, a certain co-sponsor had refused to cooperate in negotiations on the draft resolution, causing problems to arise. China had always adopted a position of cooperation and flexibility. On such a basis, China supported the proposal of Cuba and was willing to carry on further negotiations on the matter.
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MOHAMED-SALEH DEMBRI (Algeria) said the draft resolution was of high quality, and felt the delegation had carried on excellent negotiations on the measure. Certain problems had been solved at that stage, and the delegation had no further difficulties with the matter; it was surprised at the turn of events that had arisen here, at such a late stage. The paragraph in question simply supported the substance of the Special Rapporteur's report, which was clear and useful work and said what all recognized -- that more had to be done to eliminate torture. The discussion was very confusing. It was willing to undertake further negotiations on the matter, however.
GILBERTO VERGNE SABORA (Brazil) said it was attracted to the compromise proposed by Egypt. In previous years, the Commission had commended the Special Rapporteur on his reports, and it should not be willing to send him a different message this year and weaken the statement on his report. If paragraph 18 was put to a vote, Brazil would have no difficulty in voting for it; but if there was a possibility for further efforts, that was welcomed.
SHANBHU RAM SIMKHADA (Nepal) said that, in view of the importance of the issue, the draft resolution should be adopted by consensus. Nepal supported the proposal made by Egypt.
In a resolution passed by consensus on United Nations staff (document E/CN.4/1997/L.53), the Commission called upon all States to consider promptly becoming parties to the Convention on the Safety of United Nations and Associated Personnel; decided to request the Secretary-General to take the necessary measures to ensure full respect for the human rights, privileges and immunities of United Nations and other personnel as well as to implement the recommendations contained in the final report of the Special Rapporteur of the Subcommission on the protection of the human rights of United Nations staff members, experts and their families. It also requested the Secretary-General to commission a comprehensive and independent study from within existing resources to shed further light on the safety and security problems faced by United Nations and other personnel.
ALICIA PEREZ DUARTE (Mexico) said the country supported L.53 but considered it important to recall that when the General Assembly had opened the Convention for signature, Mexico had explained that, while it recognized the importance of the protection of United Nations personnel, it considered that there had not been enough time to clarify certain principles regarding relations between States and peace-keeping operations.
Violations of Human Rights in Specific Countries
As the Commission continued its discussion of the violation of human rights and fundamental freedoms in any part of the world, with particular reference to colonial and other dependent countries and territories, it received a reports on the situation in Iraq.
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The Special Rapporteur on the situation in Iraq, Max van der Stoel concludes in his report (E/CN.4/1997/57) that, in so far as the politico-legal system in Iraq remained unchanged in the last year, there continued to be systematic violation of the civil and political rights of the Iraqi people throughout the country. Iraq, he writes, "is a dictatorial, totalitarian State which allows no political dissent. Freedoms of opinion, expression, association and assembly do not exist in Iraq". The Special Rapporteur has reported extrajudicial executions and indiscriminate killings of civilians which allegedly accompanied the use of Iraqi military and security forces during the events in northern Iraq beginning on 31 August 1996 (document A/51/496/Add.1). The indiscriminate shelling of, among others, the city of Arbil, resulting in the death or injury of numerous innocent civilians, was confirmed. In the course of the year, the Special Rapporteur has also received unconfirmed reports of periodic arrests, usually followed by at least some executions, of military and tribal leaders on the basis of "real or imagined assassination plots". Other reports of mass arrests followed by many executions were received subsequent and in relation to the attempted assassination of the President's eldest son, Uday Hussein, on 12 December 1996.
In the south of the country, he adds, reports continue to be received indicating that a strong military and security presence remains with arbitrary arrest and detention being commonplace.
The Special Rapporteur recommends: that the Government of Iraq cooperate in the search for missing Kuwaiti and third-country nationals by allowing the ICRC full access to places of detention throughout Iraq in accordance with normal ICRC terms of reference and practices; and that the Government cooperate fully in the implementation of Security Council resolution 986 (1995), containing the "oil-for-food" formula, in particular by resolving immediately with the United Nations any outstanding technicalities which may be obstructing efficient and effective observation of equitable distribution and ensuring the free and unobstructed movement of observers throughout the country.
Introducing his report this morning, Mr. VAN DER STOEL said he regretted that, for the sixth consecutive year, he had little positive news to report, as the situation remained essentially unchanged. The record of the Iraqi Government was one of long-standing, widespread, and systemative violation of human rights, a situation that had its roots in the country's politico-legal system. The violation of human rights was not only systematic, but was more fundamentally systemic. While all types of human rights violations have been found, they were particularly evident with regard to civil and political rights and also with regard to the rights to food and health. There was no rule of law in Iraq and political dissent was not permitted.
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One particularly cruel aspect of the situation in Iraq was the systematic practice of enforced disappearance, he went on. There were 16,199 unresolved cases enforced disappearance, which gave Iraq the worst record in the world; this figure did not include the more than 600 Kuwaitis and third-country nationals who had gone missing following the illegal occupation of Kuwait. Failure to resolve the cases of disappeared persons compounded the violations; the Government of Iraq refused to take steps to address and resolve the problem of the disappeared was sympotamic of the attute of the authorities in general. The situation facing the Kurdish and non-Kurdish populations in the northern part of Iraq was another source of particular concern. The behaviour of Iraqi troops during the army's actions against the city of Arbil in August 1996 had resulted in the arbitrary killing and injury of a large number of innocent persons, followed by arbitrary arrests and summary executions, including at least one incident of mass execution.
He welcomed the Government's decision to accept the "oil-for-food" formula of Security Council resolution 986, he said, which would alleviate the serious humanitarian situation. However, as long as the politico-legal order in Iraq remained as it was, the people would not be free to live in dignity or to realize fully their aspirations.
MOHAMAD ABDULLAH ALDODURI (Iraq) said the Special Rapporteur on Iraq had obtained information for his report from agents with connections to foreign States and the American Central Intelligence Agency (CIA). It was unacceptable for the Special Rapporteur to rely on sources that were well-known for their hostility towards Iraq. The allegations made regarding violations of civil and political rights were baseless fabrications, as Iraq's population were free to express their opinions and attitudes through their associations, social gatherings, press and radio and television broadcast stations. The reality with regard to the alleged indiscriminate killings of civilians during the events in northern Iraq in August 1996 was that the central Government had provided support to the Kurdish people at the request of one of the main Kurdish factions.
Iraq had spared no effort to respond to enquiries made by the Working Group on Enforced Disappearances, he said. The difficulties the country faced in resolving such issues were linked to the 8-year Iran-Iraq war and the military coalition's aggression against Iraq in 1991. The Special Rapporteur had not mentioned the hardships faced by the Iraqi people with relation to the exercise of their rights to food and medicine. Ten months had elapsed since the signing of the Memorandum of Understanding on the "oil-for-food" formula; but the Special Rapporteur had made no mention in his report about those countries blocking supplies to the country, nor had he appealed to them to implement Security Council resolution 986 in an objective, technical and non-political manner.
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