SOCIAL COMMITTEE SAYS ASSEMBLY SHOULD SEEK GLOBAL ACTION TO PREVENT USE OF CHILDREN IN ARMED CONFLICT

17 November 1997

Press Release
GA/SHC/3450

SOCIAL COMMITTEE SAYS ASSEMBLY SHOULD SEEK GLOBAL ACTION TO PREVENT USE OF CHILDREN IN ARMED CONFLICT

19971117 Convention on Rights of Child Is Cited; Range of Other Measures also Urged

The General Assembly would urge States and all other parties to armed conflict to adopt measures to end the use of children as soldiers and to ensure their demobilization and reintegration into society, by the terms of a draft resolution approved this afternoon by the Third Committee (Social, Humanitarian and Cultural).

The omnibus, eight-part draft resolution, approved without a vote, would state that the use of children as soldiers was in violation of the law of armed conflict and the Convention on the Rights of the Child. It would urgently ask that appropriate measures be taken by Member States and United Nations agencies to ensure humanitarian access to children affected by armed conflict.

Other parts of the draft text would call on the Assembly to take action on issues related to: the implementation of the Convention on the Rights of the Child; children with disabilities; preventing and eradicating the sale of children and their sexual exploitation, including child prostitution and child pornography; refugee and internally displaced children; child labour; and street children.

The representative of the United States withdrew his delegation's amendments to the resolution after they were rejected by the co-sponsors of the draft text. Those amendments concerned the definition of the term children and the minimum age for military service under general international law.

The Committee heard the introduction of three draft resolutions on follow-up to the Fourth World Conference on Women and implementing the Beijing Declaration and Platform of Action; on the International Decade of the World's Indigenous People; and on the implementation of human rights instruments.

Also this afternoon, as the Committee continued its consideration of human rights questions, the representative of the former Yugoslav Republic of

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Macedonia said the time had come for Member States to work out better arrangements in which the Third Committee and the General Assembly would be involved in the promotion and protection of human rights on a continuous basis. Their participation would include the ability to adopt recommendations on current and topical issues.

The representative of Colombia called on the international community not to turn a blind eye to violations of international humanitarian law committed by non-State agents, such as rebel movements. There should be more decisive condemnation of non-State agents that resorted to inhumane practices in confronting the State. The celebration of the fiftieth anniversary of the Declaration of Human Rights would be an appropriate opportunity to further advance that issue.

In a right of reply, the representative of the Sudan referred to a claim by the United States that the Sudan was preventing investigation of human rights violations. She cited the Special Rapporteurs on human rights and on religious intolerance who had investigated conditions in the Sudan, along with several international delegations who visited the country pursuant to the Government's open door policy. She said the aim of the United States was to change the attitude of the Sudanese Government because of its Islamic orientation, adding that the United States "always links Islam with brutality, torture, human rights violations and terrorism".

Responding to statements this morning by the United States and Kuwait, the representative of Iraq spoke of cooperative moves by his Government and said Iraq had proposed to negotiate with the International Committee of the Red Cross (ICRC), to allow the agency to visit detention sites. It had also accepted initiatives proposed by the League of Arab States, to satisfy the international community. He said Iraq was ready to receive Gulf State representatives, including Kuwaiti parliamentarians.

Statements were also made by the representatives of Romania, Georgia, Sudan, Cyprus, Argentina and Gabon.

The representatives of Turkey, Estonia and Kuwait also exercised their right of reply.

Representatives of the United Nations Educational, Scientific and Cultural Organization (UNESCO) and the International Labour Organization (ILO) also made statements.

The Third Committee (Social, Humanitarian and Cultural) will meet again at 10 a.m tomorrow, Tuesday, 18 November, to continue its consideration of human rights issues. The Committee is also expected to act on a resolution regarding refugee minors.

Committee Work Programme

The Third Committee (Social, Humanitarian and Cultural) met this afternoon to hear the introduction of the draft resolutions on the outcome of the Fourth World Conference on Women, the International Decade for the World's Indigenous People, and human rights instruments, and to continue its consideration of human rights questions. It was also expected to take action on a draft text on the rights of the child.

Draft Texts

By the terms of a draft resolution on follow-up to the Fourth World Conference on Women and implementing the Beijing Declaration and Platform of Action (document A/C.3/52/L.42), submitted by the Chairperson of the Third Committee on the basis of informal consultations, the General Assembly would call for intensified efforts to integrate the equal status and human rights of women into the mainstream of United Nations system-wide activity. It would ask all bodies dealing with programme and budget matters to reflect a gender perspective in budgets, and would ask the Economic and Social Council to ensure that gender mainstreaming was an integral part of activities concerning the follow-up to United Nations conferences.

The Assembly would ask the international community to implement specific programmes to eradicate poverty and illiteracy, ensuring women's equal access to entitlements such as education, training and credit. It would ask the Secretary-General to formulate a new system-wide medium-term plan for the advancement of women for the years 2002 to 2005. It would also ask him to ensure that resident coordinators fully incorporate a gender perspective into the execution of their mandates, and urge States to limit the extent of reservations to the Convention.

In addition, the Assembly would decide to appraise progress on an annual basis and to convene a high-level plenary review of programmes in the year 2000. It would also decide that the Commission on the Status of Women shall serve as the preparatory committee for that high-level review.

By a draft resolution on the International Decade of the World's Indigenous People, 1994-2004 (document A/C.3/52/L.40/Rev.1 and Corr.1), the Assembly would decide to appoint the United Nations High Commissioner for Human Rights as Coordinator for the International Decade and would encourage governments to support the Decade. The corrigendum would add a new paragraph asking the Secretary-General to report to the Assembly at its 1998 session on the programme of activities for the Decade.

The draft is sponsored by Armenia, Australia, Bhutan, Bolivia, Bosnia and Herzegovina, Brazil, Canada, Chile, Colombia, Cyprus, Denmark, Ecuador,

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Estonia, Fiji, Finland, France, Greece, Guyana, Iceland, Mexico, Netherlands, New Zealand, Norway, Peru, Solomon Islands, Spain and Sweden.

A draft resolution on the implementation of human rights instruments (document A/C.3/52/L.36) would have the Assembly decide to continue giving priority consideration to the conclusions and recommendations of the meetings of persons chairing human rights treaty bodies, in light of the deliberations of the Commission on Human Rights.

The text is sponsored by Austria, Bulgaria, Canada, Czech Republic, Finland, Guatemala, Iceland, Italy, Liechtenstein, Lithuania, Luxembourg, New Zealand, Romania, Spain and the United Kingdom.

The draft resolution on the rights of the child (document A/C.3/52/L.25) comprises eight parts. By Part I, on implementation of the Convention on the Rights of the Child, the Assembly would again urge all States that have not yet done so to become party to the Convention as a matter of priority, with a view to reaching the goal of universal adherence. States parties would be called on to implement the Convention fully, to cooperate closely with the Committee on the Rights of the Child, and to comply in a timely manner with their reporting obligations under the Convention. They would also be called upon to take appropriate measures so the Convention might be amended to increase the Committee's membership from 10 to 18 experts.

Part II of the draft resolution, on children with disabilities, would have the Assembly call upon all States to promote for children with disabilities a full and decent life, in conditions which ensure dignity, promote self-reliance, and facilitate the child's active participation in the community. It would call upon States to make education accessible to children with special needs.

Part III of the draft concerns preventing and eradicating the sale of children and their sexual exploitation, including child prostitution and child pornography. By its terms, the Assembly would call on States to criminalize all forms of sexual exploitation of children, including commercial sexual exploitation, and to condemn and penalize all those offenders involved, whether local or foreign. In cases of sex tourism, it would urge States to strengthen and implement laws to criminalize the acts of nationals of the countries of origin when committed against children in the countries of destination. States would be asked to step up cooperation to dismantle national, regional and international networks trafficking in children.

By Part IV of the draft text, the Assembly would express grave concern at the damaging effects of armed conflicts on children. It would urge States and all other parties to armed conflict to adopt measures to end the use of children as soldiers and to ensure their demobilization and reintegration into

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society, including through adequate education and training. It would urgently ask that appropriate measures be taken by Member States and United Nations agencies to ensure humanitarian access to children affected by armed conflict. It would also recommend that whenever sanctions are imposed, their impact on children should be assessed and monitored, and that humanitarian exceptions should be child-focused and formulated with clear application guidelines.

Under Part V of the text, on refugee and internally displaced children, the Assembly would urge governments to pay particular attention to the situation of such children. It would call upon all States and United Nations bodies to ensure the early identification and registration of unaccompanied refugee and internally displaced children, to give priority to programmes for family tracing and reunification, and to continue monitoring the care arrangements for them. It would call for particular attention to be given to the special vulnerability of child-headed households.

Part VI, on child labour, would have the Assembly urge States, as a matter of priority, to eliminate all extreme forms of child labour, such as forced labour, bonded labour and other forms of slavery. They would be called upon to set specific target dates for eliminating all forms of child labour that are contrary to accepted international standards. They would also be called upon to recognize the right to education by making primary education compulsory and ensuring that all children have access to free primary education as a key strategy in preventing child labour.

By Part VII of the draft, on street children, the Assembly would express grave concern at the large number of children living or working on the streets, and at the worldwide increase in reports of such children being affected by crime, drug trafficking, abuse, violence and prostitution. It would call upon governments to seek comprehensive solutions by helping to alleviate the poverty of such children and their families, ensuring their reintegration into society, and providing them with adequate nutrition, shelter, health care and education -- taking into account that such children are particularly vulnerable to all forms of violence, abuse, exploitation and neglect. It would call upon all governments to take urgent measures to prevent the killing of such children and to combat torture and violence against them.

Part VIII of the text contains a draft decision by which the Assembly would ask the Secretary-General to submit a report on the rights of the child to the Assembly's next session. His Special Representative on children in situations of armed conflict would be asked to submit to the Assembly and to the Commission on Human Rights relevant information on that issue.

The draft resolution is sponsored by Afghanistan, Andorra, Armenia, Australia, Austria, Azerbaijan, Bangladesh, Belgium, Bhutan, Bosnia and

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Herzegovina, Bulgaria, Canada, Cape Verde, Croatia, Cyprus, Czech Republic, Denmark, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, India, Iraq, Ireland, Israel, Italy, Japan, Kyrgyzstan, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Mongolia, Netherlands, New Zealand, Norway, Pakistan, Panama, Philippines, Poland, Portugal, Republic of Moldova, Romania, San Marino, Slovakia, Slovenia, South Africa, Spain, Sri Lanka, Sweden, Turkey, Turkmenistan, Ukraine, United Kingdom and Venezuela.

Also before the Committee were draft amendments to that text, proposed by the United States (document A/C.3/52/L.39), pertaining to part IV of the draft resolution, on children affected by armed conflicts.

In operative paragraph 1, by which the Assembly would express grave concern at the damaging effects of armed conflicts on children, "including the use of children as combatants in such situations", the words "in violation of the law of armed conflict and the Convention on the Rights of the Child" would be added. In operative paragraph 9, by which the Assembly would urge States and all other parties to armed conflict "to adopt all necessary measures to end the use of children as soldiers", the same words would be added.

In addition, the United States proposes replacing operative paragraph 14, by which the Assembly would recommend that whenever sanctions are imposed their impact on children should be assessed and monitored and humanitarian exceptions be child-focused and formulated with clear applications.

Under the proposed new paragraph, the Assembly would reaffirm its support for its previous recommendations and those of the Commission on Human Rights and the International Committee of the Red Cross (ICRC) and Red Crescent concerning the assessment and monitoring of the consequences of sanctions upon children, as well as those concerning humanitarian relief.

Introduction of Draft Texts

KARIM WISSA (Egypt), a Committee Vice-Chairman and coordinator of the draft resolution on follow-up to the Fourth World Conference on Women and full implementation of the Beijing Declaration and Platform of Action, introduced the draft text.

DAN E. FREDERIKSEN (Denmark) introduced the draft resolution on the programme of activities of the International Decade of the World's Indigenous People.

Turkmenistan and Argentina were added as co-sponsors.

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PETER SPLINTER (Canada) introduced the draft resolution on the effective implementation of international instruments on human rights instruments. He said the draft text was still under discussion.

Additional co-sponsors were added as follows: Argentina, Australia, Cameroon, Costa Rica, Denmark, Georgia, Germany, Hungary, Ireland, Japan, Malta, Netherlands, Norway, Republic of Korea, Portugal, San Marino, Slovakia and Sweden.

Action on Draft Texts

DAVID FROST (United Kingdom) said he was speaking on behalf of the 114 co-sponsors of the draft resolution on the rights of children. The text was the result of a lengthy process of consultations -- about 35 hours of meetings. Delegations were satisfied with the draft text as it existed before -- as document A/C.3/52/L.25. One delegation had introduced amendments at a late stage, which the co-sponsors had not been able to accept. (Note: These were contained in document A/C.3/52/L.39), proposed by the United States.) He therefore hoped that the delegation would take note of that reluctance and withdraw the amendments.

Committee Chairman, ALESSANDRO BUSACCA (Italy) asked if the United States would withdraw the amendments.

SETH WINNICK (United States) said that since the amendments had been rejected by a large number of States, he would withdraw them. However, he would make a statement of position on the draft text.

Mr. BUSACCA (Italy), Committee Chairman, said the draft resolution on the rights of the child had no programme budget implications.

He reminded the Committee that the following Member States had been added to the list of co-sponsors when the draft resolution was introduced (on 6 November): Algeria, Angola, Barbados, Burkina Faso, Côte d'Ivoire, Dominican Republic, Eritrea, Estonia, Ethiopia, Guyana, Kazakhstan, Kenya, Mali, Marshall Islands, Mauritius, Mozambique, Namibia, Samoa, Singapore, Solomon Islands, and The former Yugoslav Republic of Macedonia.

Additional co-sponsors were added as follows: Latvia, Morocco, Senegal, Tajikistan, Uzbekistan, Liberia, Bahamas and Lesotho.

Speaking in explanation of position before the vote, Mr. WINNICK (United States) said he would join the consensus because the United States recognized the importance of protecting and enhancing the rights of all children throughout the world without distinctions or discrimination. However, in section IV of the draft text, on the protection of children affected by armed

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conflict, there was language in operative paragraphs 1 and 9 that, standing alone, would be confusing and inconsistent with existing international human rights law. The reference to the use of children as combatants and as soldiers was contrary to the term "children" in the United Nations, where "it" referred to persons under 18 years of age, in accordance with article 1 of the Convention on the Rights of the Child. However, age 15 was the minimum age for enlistment in the armed forces under texts to which virtually all Member States were parties or signatories.

Negotiations had been under way for five years on an optional protocol to the Convention on the Rights of the Child, but agreement had not been reached. It would therefore be inappropriate for the Assembly to prejudge the outcome of those negotiations.

For more than 50 years, he said, the United States had permitted voluntary enlistment in the armed forces at 17 years of age, with parental consent, and it did not anticipate any changes to its law or practice in that area. Many Member States permitted military service for individuals between 15 and 18 years of age. Nevertheless the United States was concerned by drafting practices that used unclear and imprecise language that only undermined the hard work of the Organization. He preferred the language and approach of the Commission on Human Rights in a recent resolution, and would seek to address the issue during future sessions of the Commission and the Assembly.

The original draft resolution was approved without a vote.

The Committee then recommended that the Assembly take note of the reports of the Secretary-General on the Status of the Convention on the Rights of the Child, and on the exploitation of child labour.

The Committee concluded its consideration of the agenda item, the promotion and protection of the rights of the child.

Statements

JANUSZ SYMONIDES, Director of the Division of Human Rights, Democracy, Peace and Tolerance of the United Nations Educational, Scientific and Cultural Organization (UNESCO), noted his organization's participation in the drafting of the Universal Declaration of Human Rights and its subsequent role in implementing the instrument, particularly by its disseminating schools over the last 50 years. Last week UNESCO's General Conference approved the organization's plan of action to commemorate the fiftieth anniversary of the Declaration, envisaging an assessment of the state of implementation of human rights; giving new impetus to both formal and non-formal human rights education; and mobilizing support for human rights, particularly of young

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people. The plan of action also envisaged the organization of regional conferences on human rights education as well as about 30 publications on human rights related issues.

He said UNESCO's activities in the field of human rights had also focused on implementing the Plan of Action for the United Nations Decade for Human Rights Education (1995-2004). The UNESCO was working to encourage the preparation of national plans for developing human rights education. It was also important to take up the challenge of scientific and technological progress.

The advancement of biotechnology had led to the adoption by UNESCO's General Conference of a Universal Declaration on the Human Genome (chromosomes of an organism) and Human Rights. A declaration on the responsibilities of the present generation towards future generations had also been adopted. It stressed that full respect for human rights constituted an essential basis for the protection of the needs and interests of future generations. Both declarations were part of UNESCO's contribution to the celebration of the fiftieth anniversary.

DONNA SMITH, International Labour Organization (ILO), said human rights were a basic priority for her organization, represented in ILO conventions dealing with prohibition of forced labour, equality of treatment and minimum age for employment. The emphasis on those fundamental rights was based on the assumption that economic progress resulting from liberalization of trade should be accompanied by social progress. In the context of globalization they helped enable workers to claim a fair share in the economic progress generated by the trade liberalization.

To further the objectives of the conventions, she continued, the ILO launched a campaign for universal ratification of the seven core conventions. Since 1995, there had been 70 ratifications; the key to that success was constant dialogue between social partners and the ILO, as well as technical assistance provided by ILO to Member States.

Debate on how best to promote universal respect of fundamental rights was taking place in the ILO governing body, regarding adoption of a solemn declaration, with a follow-up mechanism to ensure promotion of those rights. Work was well under way for an ILO convention aimed at eliminating intolerable forms of child labour. The fiftieth anniversary of the Universal Declaration of Human Rights coincided with the fiftieth anniversary of an ILO Convention on Freedom of Association, and the ILO would actively commemorate both.

MIHAELA BABUSKA (Romania) said that ratification of the international instruments on human rights was a basic responsibility of States. In-depth thinking should continue on how to better coordinate the instruments. States

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should be vigilant to guarantee the rights covered by the instruments in both theory and practice. The effective promotion of human rights instruments had to be borne by governments, she said, but civil society had also to be involved, in disseminating human rights information and awareness.

Activities for such a programme had taken place in Romania recently through a national plan for human rights education. The purpose was to increase knowledge of regional and international instruments. The plan worked in concert with other bodies, such as the United Nations information centre in Bucharest. Activities were directed at present to two important events occurring in 1998, the fiftieth anniversary of the Universal Declaration of Human Rights, and the evaluation of the Vienna Declaration and Programme of Action.

PETER CHKHEIDZE (Georgia) said the recent abolition of capital punishment was a major step forward in his country's progress towards democracy, and living up to the highest international standards of conduct and humanitarian principles. Georgia had taken concrete measures to strengthen protection of human rights; an ombudsman had been appointed and strict control established over the detection and prevention of torture and ill-treatment during pre-trial detention. He said Georgia had always upheld racial and religious tolerance. In the capital city of Tbilisi, there were Georgian and Russian Orthodox churches, an Armenian Gregorian cathedral, a mosque, a synagogue and a Lutheran church side by side in a relatively small neighbourhood.

At present, there were about 300,000 refugees and internally displaced persons scattered across 60 towns of Georgia as a result of armed conflict in Abkhazia, where the separatist faction in Abkhazia had made life difficult for refugees wanting to voluntarily return. A branch of the United Nations Human Rights office, opened in Sukhumi, had eased the situation.

MAWYA KHALID (Sudan) said it was making efforts to eliminate every form of fanaticism. The Sudan was a multi-ethnic, multicultural country. Freedom of religion was guaranteed for all. Shariah and tradition were the two sources of legislation. The Government was making every effort with all faiths to promulgate a law acceptable to all. Law of the missionaries had been revoked by Christian churches themselves, and new draft laws had been looked at. Guarantees for tolerance between tribes, customs and Sudanese cultures were enshrined in daily social practices and school courses imparted the different cultural values.

Every two years, he went on, the Sudan held a dialogue on various religions at which the international community attended. Allegations against the Sudan were the result either of ignorance, or political intentions from certain Christian sectors, from certain sectors hostile to Islam. That

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included allegations of slavery in the Sudan's north. Those from the south of the Sudan had gone north when they could have gone elsewhere, and the Government had shown good faith, trying to be transparent and setting up a commission of inquiry when the allegations arose. The commission went to the alleged slavery site and found nothing.

Slavery had occurred for a number of reasons, he said, for example, from affairs between tribes. The Government of the Sudan wanted to go beyond such issues. It also wanted the Third Committee to prepare a code of conduct for all those violating the laws of Islam.

SOTIRIOS ZACKHEOS (Cyprus) said Cyprus suffered a clear case of massive and grave violations of human rights as a result of Turkey's invasion and continuous occupation. For more than 23 years, Cyprus continued to be forcibly divided. As a result of the forcible expulsion of the indigenous population, more than 200,000 Cypriots were still denied their home and properties, in safety, in the occupied part of the country. Foreign settlers from Anatolia were still being brought in and settled there, in breach of the Fourth Geneva Convention, changing the demographic structure of the island. There were serious violations of the basic rights of the Greek and Maronite Cypriots living in the Turkish occupied area.

Also of concern, he said, was the pain and suffering endured by those whose loved ones had disappeared or were missing. The Government of Cyprus had pursued every possible course of action. Despite the efforts of the families of the missing persons, the desired progress towards solving that humanitarian problem had not been achieved. The problem had been discussed further in July in a meeting of the President of the Republic of Cyprus and the leader of the Turkish Cypriot community. The outcome of that meeting had provided some hope that the necessary political and humanitarian will was at least being applied to the problem of missing persons. So he looked forward to the solution of that tragic humanitarian problem.

NASTE CALOVSKI (The former Yugoslav Republic of Macedonia) said the human rights situations in countries of his region were different because of the variety of political, economic, social and cultural situations in each. His country would have done better in its economic performance if the regional situation was different, if there had been no war, or if they were to be integrated into the European Union.

On specific human rights issues, he said it was important to promote the rights of children, to prevent practices like child labour and sale of children. The rights of disabled people and migrant workers should be protected, as should be the human rights of persons belonging to national, ethnic, religious and linguistic minorities. The issue was of paramount importance in the Balkans in which every State had national or ethnic

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minorities. The situation of those people could improve only if the overall situation in the countries in which they lived was improved. There was no room for separatist ideas because the borders of the Balkan States were inviolable. The strengthening of democracy, the rule of law, tolerance, non-discrimination and cultural development would help to promote their human rights.

He expressed concern about the membership and functioning of the Commission on Human Rights and other bodies established under the various conventions. The time had come, he said, for the Member States to work out better arrangements in which the Third Committee and the General Assembly would be involved in the promotion and protection of human rights on a continuous basis with the ability to adopt recommendations on current and topical issues.

ALEJANDRO BORDA (Colombia) hoped the new High Commissioner would maintain balanced criteria, to ensure that no new conditionalities for development assistance be established. Bretton Woods institutions must bear in mind the need to promote and facilitate adequate implementation of the right to development, through development programmes free of political or ideological conditionalities. He said the establishment of an office of United Nations High Commissioner for Human Rights in Colombia had been a landmark in that country's cooperation with the United Nations human rights mechanisms. Unlike field offices in other countries, the one in Colombia had been established by an initiative of the Colombian Government; it had not been created by a decision or mandate of the Security Council. That office had a mandate to assist the Colombian authorities in the development of polices and programmes for the promotion and protection of human rights.

Part of the agreement for the office was the possibility for it to receive complaints on violations of international humanitarian law from "non- State agents". The international community must not turn a blind eye to such acts because they had been committed by non-State agents. There was a school of thought which held that the international community should hold the non- State agents who promoted violence responsible and accountable, according to the Protocols of the Geneva Conventions. That ethical position, which was gaining ground, would allow for rebel movements to take responsibility for their acts, which could be extended to internal armed conflicts.

He said the international community must be more decisive in condemning non-State agents that resorted to inhumane practices in confronting the State. Perhaps the celebration of the fiftieth anniversary of Declaration of Human Rights would be an appropriate opportunity to further advance that issue. Colombia needed a strong appeal to reject violence in all its forms, whether it was caused by State agents, private groups, irregular armed groups or

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ordinary criminal activities. The international community should condemn any practice that did not respect human rights.

HERNAN FLORUTTI (Argentina) said it was the responsibility of States to protect human rights by establishing national institutions. In Argentina a number of such institutions had been set up. They included mechanisms within the Ministries of the Interior and of Foreign Relations. The Ministry of the Interior also had responsibility for the programme of reparation for what had occurred in the country during the period from 1976 to 1983. A post had been created for the protection of the rights of detainees in the federal penal system. The legislature had established human rights bodies that reflected the national political spectrum.

The right to development, he continued, was a universal and inalienable right. The principle that all human rights and fundamental freedoms were indivisible and interrelated were more relevant than before. Therefore, there could be no justification for polices that promoted some rights against others. The international community must strengthen the system for the enjoyment of human rights. Armed conflict and the resurgence of xenophobia and racism, as well as the denial of the rights of minorities, should not be tolerated.

EMMANUEL MBA ALLO (Gabon) said that as allegations of human rights abuses cropped up all over the world, it was easy to put the blame on others and forget one's own shortcomings. Democratic principles were asserting themselves in many places, as could be seen very quickly in Congo Brazzaville. African regional organizations, such as the Economic Community of West African States (ECOWAS), which had swiftly brought constitutional order back to Sierra Leone, were a significant agent in achieving democratic ends in Africa.

At present, some rights were disregarded. Social rights should get as much attention as civil and political. Some rights had no meaning without others. Being free meant also to have a job, a house and decent conditions of living. A pragmatic approach with the right to development as a precondition was the way to head in the right direction.

Firmly committed since 1990 to strengthening the rule of law, Gabon had instituted reforms to protect the vulnerable. It had established a mediator of the republic to listen, he continued, and had provisions for a health policy and social assistance policy, together with policies for those in rural areas and policies in profit-generating areas for women. It wanted to establish dialogue with others on ways to prevent human rights abuses and provide technical support for implementing them.

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Rights of Reply

AHMET ARDA (Turkey), in right of reply, responded to the statement by the representative of Iraq that Turkey had invaded Iraq. He said Turkey respected Iraq's sovereignty, but the situation had to be recognized for what it was. Iraq's difficulties came from Iraq's past aggressive policies. An existing de facto vacuum in northern Iraq had made it possible for terrorist elements to gather in the area. They were a threat to people in the border areas. Until Iraq re-established control in the north by applying all relevant resolutions to satisfy the international community, Turkey would not hesitate to remove the threat to the security of its people.

TRIVIMI VELLISTE (Estonia), responding to the Russian Federation's reference to his country, said Estonia's record on human rights was well known. It was a member of the Council of Europe, which had closed its human rights monitoring procedure in Estonia earlier in the year.

MOHAMMED AL-HUMAIMIDI (Iraq) responded to statements of Kuwait and the United States. He said his only comment for the United States was to reaffirm that Iraq had fulfilled its duties with regard to Security Council resolutions. He added, "If they don't think so, it's their problem." The sanctions, he said, should be lifted.

With regard to the missing persons referred to by the representative of Kuwait, he said Iraq had always attempted to locate the missing persons by publicizing the photos and descriptions. Iraq had also proposed to negotiate with the ICRC to allow the agency to visit detention sites and to perform the task entrusted to it by the tripartite committee. Iraq had also accepted initiatives proposed by the League of Arab States, plus others by King Hassan and by Qatar. Iraq had said it was ready to receive Gulf State representatives, including Kuwaiti parliamentarians, and had received a delegation from the Russian Federation.

However, the Kuwaitis, he said, had rejected Iraq's initiative, as had been pointed out by the Chairman of the Non-Aligned Movement. All the facts would make it clear that Iraq had lived up to its responsibilities and that Kuwait's allegations were political and had nothing to do with human rights. In addition, he went on, the Turkish military intervention in northern Iraq, including the aerial bombardment, had been an interference in Iraq's internal affairs. Those actions on the part of Turkey were denounced by the world.

SHAHIRA HASSAN AHMED WAHBI (Sudan) said the United States position against her country was not surprising. On 13 November, the United States had said the Government of the Sudan was continuing to prevent full and impartial investigation of violations. However, she went on, the Special Rapporteurs on Human Rights and on religious intolerance had investigated conditions in the

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Sudan, along with several international delegations who visited the country pursuant to the "open door" policy adopted by the Government. Those delegations could not indicate an attempt to prevent "full and impartial investigation". In fact, she said, the Sudan was committed to the respect for all human rights.

It would always reject the use of human rights issues for political ends and to settle bilateral disagreements. Selectivity of countries to be condemned under the pretext of respect for human rights was unacceptable. She said the declared aim of the United States was to change the attitude of the Sudanese Government. The Sudan was repeatedly accused of allegations, because of the Islamic orientation of its Government. "Why does the United States always link Islam with brutality, torture, human rights violations and terrorism?" she asked.

MARIAM AL-AWADHI (Kuwait), responding to Iraq, said the claim that missing persons were being looked for was another instance of misrepresentation. Another was mention of the Tripartite Commission, and its last meeting held in September. The report of the meeting stated no progress had been made because of lack of cooperation by Iraq.

AHMET ARDA (Turkey) said he would not engage in a pointless argument with Iraq but it was important to protect the lives of citizens. Iraq was the party solely responsible for its situation. Turkey was not willing to pay for the sins of others. Turkey had been encouraging Iraq to comply with international demands, and hoped its Iraqi friends would understand that Turkey would protect its people against terrorism.

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