HUMAN RIGHTS COMMISSION HAS LEGITIMATE JURISDICTION OVER VIOLATIONS IN KASHMIR, SAYS PAKISTAN FEDERAL MINISTER
Press Release
HR/CN/801
HUMAN RIGHTS COMMISSION HAS LEGITIMATE JURISDICTION OVER VIOLATIONS IN KASHMIR, SAYS PAKISTAN FEDERAL MINISTER
19970414 Commission Continues Discussion of Children's Rights(Reissued as received.)
GENEVA, 14 April (UN Information Service) -- Pakistan's efforts to promote high standards of living and prosperity for its people had been impeded by the endemic confrontation with India over Kashmir, the Federal Minister of Pakistan said this morning before the Commission on Human Rights.
The current human-right crisis in Kashmir had been ignited by the accumulated anger and frustration of the people of Kashmir over India's prolonged oppression, said Sardar Mohammad Abdul Qayyum Khan. A first order of business should be to implement steps to halt the gross violations of human rights in Kashmir -- an area where the Commission had a primary interest and a legitimate jurisdiction, he said.
The Federal Minister said he had tried to facilitate a meeting of Kashmiris from both sides of the Line of Control and of all shades of opinion at a neutral site under the auspices of an international agency such as the United Nations, but that his efforts had been defeated by India. He hoped India would help rather than impede such a dialogue in the near future, he added.
Following the statement from the official the Commission resumed a discussion on children's rights. In the debate speakers commended the two Commission working groups elaborating optional protocols to the Convention on the Rights of the Child intended to strengthen international action to protect children from armed conflicts and sexual exploitation. Participants also referred to the study conducted by the Expert of the Secretary-General, Graça Machel, on the impact of armed conflict on children.
Another issue raised during the discussion was the effects of economic sanctions on children and other vulnerable groups. According to the representative of Malta, the world should not tolerate measures that inflicted
suffering on people, including women and innocent children, while leaving the party against whom they were primarily intended to continue with its policies and transgressions.
Delegates of the following members of the Commission addressed the meeting: Republic of Korea, Germany, Brazil, Bangladesh, Sri Lanka, Egypt and Ethiopia. The following observer countries also took the floor: Honduras, Peru, Australia and Iraq. The International Federation of Red Cross and Red Crescent Societies also made a statement.
The Commission will reconvene for an extended session this afternoon at 3 p.m. At that time it will continue discussing children's rights and take up agenda items on follow-up to the World Conference on Human Rights, conscientious objection to military service and the drafting of a declaration on the rights and responsibilities of individuals and groups to promote and protect human rights.
Statement by Federal Minister of Pakistan
SARDAR MOHAMMAD ABDUL QAYYUM KHAN, Federal Minister of Pakistan, said Pakistan's efforts to promote high standards of living and prosperity for its people had been impeded by the endemic confrontation with India over Kashmir. He was Kashmiri by birth and identity, and a Pakistani by conviction and national adoption. Although even India had in the past pledged to allow Kashmiris to exercise their right to self-determination through plebiscite, it had not stood by this pledge, and the history of Kashmir was a history of tragic betrayals by India and by some Kashmiri leaders, as well as by the United Nations. Pakistan, on the other hand, had always adhered to Security Council resolutions and other agreements in this regard; it would remain obliged and committed to continue its sincere support to the freedom movement in Jammu and Kashmir, and its logical conclusion.
The current human-right crisis in Kashmir had been ignited by the accumulated anger and frustration of the people of Kashmir by India's prolonged oppression compounded by deprivation and dishonour, the Federal Minister said. There was a virtual iron curtain around Jammu and Kashmir; even the Commission had not been able to send a fact-finding minion there despite mounting criticism of human-rights violations there over the past seven years. No election ever held by India in Kashmir had been free and fair, but the last election had perhaps been the most blatant and coercive exercise of electoral fraud there.
It was strange when the defenders of human rights, such as the European Union, advised that the victims of repression must not be helped against those who continued to violate and suppress their human rights, the Federal Minister said.
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A first order of business should be to implement steps to halt the gross violations of human rights in Kashmir -- an area where the Commission had a primary interest and a legitimate jurisdiction, he said. India, for its part, should, among other things, withdraw the 700,000 troops stationed there; release Kashmiri detainees; stop summary executions, arbitrary detentions, custodial killings, and similar offenses against Kashmiris; halt harassment and attacks against Kashmiri leaders; enable the international media and human-rights organizations to visit the region; and allow humanitarian help from the Red Cross and Kashmiris on the Pakistani side to reach destitute Kashmiri widows and orphans in Indian-held Kashmir.
He had tried to facilitate a meeting of Kashmiris from both sides of the Line of Control and of all shades of opinion at a neutral site under the auspices of an international agency such as the United Nations, the Federal Minister said. But his efforts had been defeated by India; he hoped India would help rather than impede such a dialogue in the near future.
Statements in Debate
BALA RAM KC (Nepal) said children represented the future of humanity and needed special care and protection. Despite international legal safeguards, the United Nations Children's Fund (UNICEF) estimated that one quarter of children between 5 and 14 years in the developing world remained deprived of many of the facilities they deserved as children. Refugee children, more than 35,000 of whom lived in refugee camps in Nepal, represented another important dimension to the problem. UNICEF had proposed six key steps to address the situation, including the elimination of hazardous and exploitative child labour, free and compulsory education for all children and strong child labour laws. The Nepalese delegation was also concerned about child trafficking, especially of girls, which was emerging as a major problem in South Asia. Taking legislative steps alone to combat this and related problems might not be sufficient; the provision of adequate services and special education was also necessary. Nepal had initiated legislative and administrative action in this regard.
YOUNG-CHUL CHA (Republic of Korea) said that despite the fact that the Convention on the Rights of the Child had been ratified, the world was still facing the grim reality that millions of children around the world were dying needlessly. They suffered from the age-old scourges of hunger and disease, and were also victimized by sexual violence and armed conflicts. Children were an "at-risk" group in times of war and sexual violence because they were incapable of protecting themselves. In this connection, Korea wished to highlight the work of Grama Machel on the plight of children in conflict zones (see Press Release HR/CN/97/6). Children in armed conflict situations were easy targets for mental and physical injury, sexual exploitation and violence. Korea encouraged the Commission to take meaningful and prompt measures to address this question: the draft optional protocol to the Convention on the
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Rights of the Child should be adopted without further delay in order to save those children trapped in war zones. Korea also highly commended the work of Ofelia Calcetas-Santos, Special Rapporteur on the sale of children, child prostitution and child pornography. The rights of the child could be protected and promoted only when the initiatives of national Governments were mirrored by civil society and reinforced through international cooperation.
GERHART R. BAUM (Germany) said special efforts were required to safeguard children's rights in view of their particular vulnerability and need of protection. Germany hoped the negotiations on the optional protocols to the Convention on the Rights of the Child relating to children in armed conflict and to the sale of children, child prostitution and child pornography would soon be concluded successfully (see Press Release HR/CN/97/43). It was Germany's main concern that the minimum age for direct and indirect participation of children in armed conflict be raised to 18 years. Concerning the protection of children from abuse, Germany attached high priority to carrying on legal reforms. However, punitive action was not sufficient to eradicate individual pathological behaviours. Ongoing reform in Germany aimed not only at tightening legal sanctions but also at improving the system of socio-medical and psychological treatments. Post-incarceration treatment programmes for child abusers would become compulsory. Another issue of utmost importance was better protection of child victims. One of the most difficult areas was computer-based traffic in pornography; reviewing national laws would not be enough to gain control over perpetrators of that offence. Germany called upon all States to join it in combined efforts to find solutions to the problem. Legislation alone would not change society. Public awareness was the best guardian of children's rights.
ANA CANDIDA PEREZ (Brazil) said that in developing countries, the key issue for guaranteeing the rights of children was that of raising standards of living and so creating conditions allowing families to provide for the basic needs of their children; Brazil had already attained most of the goals set by the 1990 World Summit for Children, and had good prospects for attaining all goals regarding health, reduction of malnutrition, sanitation, and primary education by the year 2000. Brazil believed that the working group on elaboration of a draft optional protocol on the sale of children, child prostitution, and child pornography should meet for two weeks before the next session of the Commission. Brazil had participated in the 1996 World Congress against commercial sexual exploitation of children, although it regretted that the scope and the conclusions of the Congress were narrowed by the virtual exclusion of consideration of the key elements of the problem -- poverty, underdevelopment, social exclusion, and unemployment. As for child labour, in developing countries, where work was a matter of survival for many children, prohibiting child labour without providing realistic and comprehensive solutions to the problem had proven to be of little use; Brail was trying to find and implement adequate responses based on fiscal improvements, with
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cooperation of labour unions, while at the same time offering practical alternatives to families and children.
IFTEKHAR AHMED CHOWDHURY (Bangladesh), reading a text by his country's Foreign Minister, said his country had been among the first to sign and ratify the Convention on the Rights of the Child. Subsequently, a national policy had been adopted by the Government in 1994 whose principal objective was to coordinate and enhance child-development activities and harmonize them with the provisions of the Convention. The enhancement of institutional structures had also been matched in the non-governmental sector: in 1990, a body of 70 non-governmental organizations (NGOs), the Bangladesh Child Rights Forum, had come into being to raise awareness regarding children's rights and conduct research into key issues, among other functions. Moreover, during the past decade, considerable attention had been devoted to the survival and development of children and the well-being of mothers, with an increasing proportion of resources being diverted to the primary health care network, including the provision of safe water supply and sanitation. And since the World Declaration of Education for All, there had been a major intensification of efforts to provide basic education for all Bangladeshi children. To this end, the two key strategies were the promotion of primary education and of non-formal education for the unschooled above primary school age. This had resulted in the rise of primary school enrollment from 12 million in 1990 to 16.8 million in 1995; to the progression of the enrollment rate from 76 per cent in 1991 to 92 per cent in 1995, and to the virtual disappearance of gender disparity in primary school enrollment.
BERNARD GOONETILLEKE (Sri Lanka) said the world had an obligation to create the necessary conditions to ensure that children were protected and not traumatized by war and conflict; grew up in environments not polluted by toxic affluents, and enjoyed facilities for development of their inherent skills. Sri Lanka was pleased to note that near universality had been reach in accession to the Convention on the Rights of the Child, and it joined the call for its universal acceptance. Sri Lanka had traditionally given the highest priority for the well-being of children and providing for their welfare had always been an integral part of its development policies. It appreciated the report by the Special Rapporteur on the sale of children, child prostitution and child pornography and believed her recommendations should see early implementation. Commercial sexual exploitation of children had become a matter of concern to Sri Lanka, which had recently enacted legislation to tighten existing laws against offenders. Sri Lanka also felt the subject of traumatization of children by war and armed conflict was an issue that should engage the urgent attention of the Commission. As a country presently experiencing terrorism and an insurgency, Sri Lanka was only too aware of the ravages such conflicts caused on children.
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MOUNIR ZAHRAN (Egypt) said Egypt had taken many steps to establish rights of the children, including early ratification of the Convention on the Rights of the Child. The rights of children to education, health and sports had all been addressed by the Government, which also encouraged non-governmental organizations to help. Egypt also had a programme aimed, in the short run, at protecting working children from workplace dangers; and in the long run, at ending that phenomena by treating its causes, especially poverty. The issue of child labour was related to the spread of poverty in societies where children worked to help their families. It had become clear that the dismissal of these children from work endangered them even more. The only way to end this kind of child labour was to take steps to gradually combat poverty, help poor families and encourage children to go to school. Egypt was interested in a new protocol to the Convention on child prostitution and sale. It gave equal importance to an optional protocol on the participation of children in armed conflict. Agreement on defining a minimum age for conscription would be an important accomplishment.
MINELIK ALEMU GETAHUN (Ethiopia) said the country had taken practical measures to live up to its commitments under the Convention on the Rights of the Child; young people made up more than 50 per cent of the country's population; the Government would do everything in its power to implement the recommendations given on its last report to the Committee on the Rights of the Child. Committees had been established at various Government levels for monitoring of child rights; the 1993 health policy of the Government paid special attention to women and children; a new educational policy provided free primary education and had the goal of increasing enrollment from 23 per cent to 50 per cent by the year 2000; a number of workshop had been held on relevant topics. A National Committee on Traditional Practices Affecting the Health of Women and Children was undertaking numerous activities to eradicate any such practices that were harmful. As a country which had experienced 30 years of civil war, Ethiopia wished to add its voice to those calling for urgent action to assist children affected by armed conflicts.
GRACIBEL BU (Honduras) said the country's Constitution committed it to defend the rights of the child. Honduras was a developing country and had to deal daily with fundamental economic and social problems. Poverty was the major problem affecting children enjoying because it reduced the opportunities available to them. It was necessary to ensure there was educational, moral and nutritional security and prospects for children to grow into healthy adults. The Honduras Government recognized the rights of families as part of the comprehensive treatment of the rights of the child. There was also a need to ensure that, rather than institutionalization, children at risk enjoyed family support and educational assistance. Honduras had achieved the goal of improving the prospects of its future generations; it called on the international community to witness these efforts to ensure and protect human rights.
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RASHIM AHLUWALIA, of the International Federation of Red Cross and Red Crescent Societies, said the world was aware of the tragic realities faced by children as victims of disasters, forced dislocations of populations, negative social and economic developments, exploitation for sexual and commercial purposes and, increasingly, war. In armed conflicts, the number of civilian victims was often high. Armed conflicts also caused large-scale displacement of children. Children were often intentionally brutalized to a point where they lost all respect for human life and dignity. They were subjected to and often forced to participate in beatings, torture, murder and various forms of sexual abuse. The process of dehumanization of children would have to be reversed. The International Federation of Red Cross and Red Crescent Societies had taken a clear stand against the use, or rather the abuse, of children as soldiers. The situation of children in armed conflicts had to be addressed urgently by the world community on the basis of total political commitment and determination. But child soldiers and other children affected by armed conflicts were not the only ones in need of attention: another issue of concern was the disproportionate effect on children of economic sanctions imposed by the international community.
ROMY TINCOPA (Peru) said Peru had adopted a Code on Children and Adolescents, and under had established a body for monitoring the care of children and adolescents and carrying out a national plan of action for children, which focused on health, education, and nutrition. In Peru, child labour affected hundreds of thousands of children; and in cooperation with UNICEF had developed a plan to address the problem; the country had joined the International Programme for the Elimination of Child Labour, of the International Labour Office. Still, the matter was complicated and would take time to resolve; child labour could not be separated from numerous other issues of the economy and society in the country. It was armed, non-governmental groups who were primarily responsible for the problems of children caught up in armed conflict; approaches to the problem must address this fact. Countries engaging in the repulsive businesses of child pornography, trafficking in children, and sex tourism had a special responsibility to take energetic steps to deal with the scourge.
MICHAEL BARTOLO (Malta) said his country supported all the activities and initiatives taken by the Commission and the Centre for Human Rights in defence of children all over the world. Malta agreed with the report by Grama Machel, which urged the international community to cease imposing comprehensive economic sanctions without obligatory and humanitarian exemptions. Malta had its reservations as to how effective sanctions were proving to be. Of course, countries which did not respect the rule of law and showed disrespect and disregard for basic fundamental rights and freedoms needed to be censured. The question was how to do this; but no matter how, the world should not tolerate measures that inflicted suffering on people, including women and innocent children, while leaving the party against whom they were primarily intended to continue with its policies and transgressions.
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CHRISTOPHER LANGMAN (Australia) said 190 States had now ratified the Convention on the Rights of the Child. Australia urged the few remaining non-signatories to ratify the Convention as soon as possible, as universal ratification would be a concrete expression of the oft-stated commitment to the principles of universality and indivisibility of all human rights. The work of the Commission's working group currently elaborating a draft optional protocol on the sale of children, child prostitution and pornography was particularly interesting; however, further attention needed to be given towards developing appropriate criminal legislation to address the problem of sexual exploitation. Another important development was the work underway within the International Labour Organisation resulting in the possible adoption in 1999 of a new Convention dealing specifically with hazardous and exploitative forms of child labour. This new instrument augured well for more effective action to eliminate the worst forms of child labour in the near term. But Australia was disappointed with the lack of progress at the most recent session of the Commission's working group elaborating a draft optional protocol on children in armed conflicts. Ms. Machel's report had made it graphically clear that the involvement of children in armed conflicts was a serious and widespread problem. There was a pressing need to address the question of age limits for recruitment into armed forces and the participation by children in armed conflict.
ABDUL MONAAM JAWAD (Iraq) said Iraq, a forerunner in the field of children's care, wished to draw the attention of the Commission to the suffering of the people of Iraq, and especially Iraqi children, due to the seven-year-old embargo. The children of Iraq were facing tragic conditions, in total contradiction with the terms of the Convention on the Rights of the Child. A UNICEF report had confirmed that 4,500 Iraqi children under the age of five died every month due to the sanctions. The international community had to refrain from imposing comprehensive international sanctions without compulsory humanitarian exceptions and agreed-upon mechanisms to monitor the impact of such measures on children and other vulnerable groups; sanctions had to be judged according to human-rights standards, particularly children's rights. The implementation of the Memorandum of Understanding signed with the United Nations, which was supposed to be a lifeline to ease the Iraqi people's suffering, had been delayed due to continued interferences by the United States. Iraq had the right to ask if the international community was impartial when it denied children, innocent citizens and vulnerable groups food and medicine. This deliberate killing of 20 million Iraqis was a case of mass destruction banned by international agreements and covenants. The Commission should shoulder its responsibility by studying the impact of international sanctions on children and vulnerable groups of targeted societies, as there was no legal or moral logic that would justify killing this huge number of innocent civilians.
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Statement on Organization of Work
BERNARD GOONETILLEKE (Sri Lanka) said the Rev. S.J. Emmanuel had spoken for the International Peace Bureau, although he had been accredited to another NGO, Pax Christi International. It had been announced that a letter accrediting the Reverend for the International Peace Bureau was available for inspection. But what the letter said was that Rev. Emmanuel was the Vicar General of Jaffna, which was beside the point. The letter did not deal with the issue raised by the delegation, which was the propriety of an official accredited to one NGO having the right to speak for another NGO without having the proper accreditation. The letter said the two NGOs were affiliated, and so the Vicar General was considered accredited for the International Peace Bureau as well; but the delegation of Sri Lanka noted that the two NGOs were registered as two different organizations, and the Commission should not accept the fact that an individual accredited under one NGO could, if so wished, simply decide to speak on behalf of another. If the Commission accepted that what had occurred was in order, it would face many futher situations that could not be resovled easily. The issue was too important to be resolved with a simple explanation from the NGO involved; the matter should be taken up by the Commission's Bureau and should involve consulting with legal counsel. The Sri Lanka delegation would then consider this response and decide if further action was necessary.
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