COMMISSION ON HUMAN RIGHTS DISCUSSES SITUATION IN COLOMBIA

Press Release
HR/CN/840

COMMISSION ON HUMAN RIGHTS DISCUSSES SITUATION IN COLOMBIA

(Reissued as received.)

GENEVA, 31 March (UN Information Service) -- The situation in Colombia was the focus of discussion this afternoon, as the Commission on Human Rights received the report of the office of the High Commissioner for Human Rights in Bogota.

Introducing the document, High Commissioner for Human Rights Mary Robinson recalled that only a few days earlier the People's Advocate of Colombia had told her of nearly 4,000 deaths in the country due to political violence, and of continuing threats against those who fought for justice and human rights. The office in Bogota was there to help bring about positive change and improve the human rights situation, but its resources were extremely limited alongside the immense and complex needs of the country, she said.

A representative of Colombia said the key element in the success of the office in Bogota lay in its role to provide useful and appropriate advice to the Government, gather knowledge of what was happening in the country, and maintain a constructive dialogue with the authorities. Colombia was prepared to facilitate the work of the office and to seriously consider its concerns, he added.

Meanwhile, representatives of non-governmental organizations (NGOs) said the human rights situation in Colombia had seriously deteriorated, citing alleged collusion between the Government and paramilitary groups.

Also this afternoon, the Special Rapporteur of the Commission on Social Development, Bengt Lingvist, introduced a report on the monitoring of the implementation of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities. That and other questions -- including action against the traffic in women and girls and the elaboration of minimum humanitarian standards to be applied in armed conflicts -- were taken up as the Commission continued to consider the report of its Subcommission on the Prevention of Discrimination and Protection of Minorities.

The delegation of Colombia made a statement, as did the following NGOs: Andean Commission of Jurists, International Commission of Jurists, Women's International Democratic Federation, Lutheran World Federation, Pax Romana, Pax Christi International, Canadian Council of Churches, Catholic Institute for International Relations, International Federation of Human Rights, International League for the Rights and Liberation of Peoples, and American Association of Jurists.

Statements on the work of the Subcommission came from the delegations of Ireland, Denmark, Poland, South Africa, India, Libya and Sweden. Representatives of the following NGOs also spoke on that item: Association for Religious Freedom, American Association of Jurists, African Commission for Health and Human Right Promoters, International Movement against all Forms of Discrimination and Racism, North-South XXI, Coalitions against Trafficking in Women, and World Movement of Mothers.

Statement by High Commissioner for Human Rights

MARY ROBINSON, United Nations High Commissioner for Human Rights, introduced the report of the High Commissioner's office in Colombia (document E/CN.4/1998/16). She said that, 10 days ago, she had listened to the address of José Fernando Castro Caycedo, the People's Advocate of Colombia. He had painted a bleak picture of nearly 4,000 deaths in that country due to political violence and of continuing threats against those who fought for justice and human rights. The High Commissioner had also heard the Colombian Minister for Foreign Affairs, Camilo Reyes Rodriguez, asking for the cooperation of the international community in addressing his country's problems.

Mrs. Robinson said the office in Colombia had opened a year ago and that its mandate had been extended for a further year. The human rights officers based in Bogota observed and reported on the human rights situation throughout the country. They took into account the climate of violence and internal armed conflict, as well as measures by the Government to improve the situation of human rights. They also provided technical advice to the Government.

The office in Bogota was there to help bring about positive change and improve the human rights situation, Mrs. Robinson said. However, its resources were extremely limited alongside the immense and complex needs of the country. It was essential that the issue of staffing and resources for the Bogota office be addressed. Significant additional resources were required.

Report of High Commissioner's Office in Colombia

The Commission reopened the general debate on organization of the work of the session this afternoon. In that context, it considered the report of the United Nations High Commissioner for Human Rights on her office in Colombia (document E/CN.471998/16). The report expresses the High Commissioner's deep

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concern at the gravity and scale of the violations of human rights and breaches of international humanitarian law in Colombia, all of which could be considered as serious, gross and systematic. Particularly deplorable were the massacres, extrajudicial executions, murders, practice of torture, enforced disappearances and kidnappings, threats, and the enforced displacement of the population. The High Commissioner deplores the high number of violent deaths occurring in Colombia, both within and outside the context of the armed conflict. She notes that most violations of the right to life have been attributed to paramilitary groups, sometimes acting in conjunction with or with the acquiescence of members of the armed forces or police. The High Commissioner expresses particular concern at the alarming increase in crimes committed by paramilitary groups and the high level of impunity regarding violations of human rights.

The High Commissioner urges all parties to the conflict to abide by the norms of international humanitarian law and to respect the right to life. She urges the authorities to carry out an effective policy for permanently disbanding paramilitary groups. She recommends that the Government remove from its armed forces and police any persons against whom there is reliable evidence of having supported paramilitary groups. She also appeals to Colombian authorities to take more effective measures against impunity.

The Commission also is considering a letter dated 10 March from the Deputy Minister for Foreign Affairs of Colombia, transmitting the observations of the Government of Colombia on the High Commissioner's report (document E/CN.4/1998/135). The Government states that the office has played a fitting and important role in creating an environment that is prepared to welcome help from the international community by maintaining a continuous and high-level dialogue with all States authorities and with the various sectors of the society. The Government, nevertheless, believes that it is important that the office should be able during the next phase to help, through initiatives, plans and specific programmes, in the implementation and promotion of policies and actions that will give concrete effect to human rights. The office's advisory function is essential and needs to be strengthened, and the Government has agreed that the number of experts be increased. The Government also wants to see the office maintain and expand its capacity for local visits to areas particularly prone to violence.

The Government concludes by noting that the domestic armed conflict is the primary source of human rights violations in Colombia, and the mandate of the office must be read in this context. It is important for the office to issue a clear and consistent demand, in the name of the international community, that armed outlaw groups must respect standards of international humanitarian law and engage in dialogue and reconciliation. The great challenge facing the office is to increase its efforts to seek solutions to the problems of human rights and international humanitarian law, based on its independent and impartial monitoring and analysis of the situation, that can make a true and action-oriented contribution for all the sectors involved.

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Report of Human Rights Subcommission

As it continued to examine the work of its subsidiary body, the Subcommission on Prevention of Discrimination and Protection of Minorities, the Commission took up an analytical report of the Secretary-General on minimum humanitarian standards (documents E/CN.4/1998/87 and Add.1). The report provides a brief history of the discussion, noting that the need for identifying fundamental standards of humanity arises from the observation that, at the present time, it is often situations of internal violence that pose the greatest threat to human dignity and freedom. Although such situations frequently lead to the most gross human rights abuses, there are disagreements and doubts regarding the applicable norms of both human rights and humanitarian law. The rules of international humanitarian law are different depending on the nature and intensity of the conflict. There are disagreements concerning the point at which internal violence reaches a level where the humanitarian law rules regulating internal armed conflicts become operable. Even when those rules manifestly do apply, it is generally acknowledged that, in contrast to the rules applying in international armed conflicts, they provide only the bare minimum of protection.

Further, the report continues, until now, the rules of international human rights law have generally been interpreted as only creating legal obligations for Governments, whereas in situations of internal violence it is also important to address the behaviour of non-State armed groups. It is also argued that some human rights norms lack the specificity required to be effective in situations of violent conflict. Finally, concern has been expressed about the possibilities for governments to derogate from certain obligations under human rights law in those situations. Insofar as there is confusion about the application of existing rules, a statement of fundamental standards of humanity would provide a useful reference for those advocating greater respect for human rights in situations of internal violence, the report concludes before recommending further study of the issue.

The Commission also took up the Secretary-General's report on traffic in women and girls (document A/52/355). The report describes activities undertaken to implement the Platform for Action of the Fourth World Conference on Women, which called on governments to criminalize all forms of trafficking in women and girls. The platform points out that an increasing number of women and girl children from developing countries or with economies in transition are being victimized by traffickers. It further calls for a condemning of the practice and the penalizing of offenders, while ensuring that victims are not penalized. The report is based on information from 30 States parties to the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child, as well as from bodies of the United Nations system and intergovernmental organizations.

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The report states that significant trafficking activity is evident and that further data is required before effective strategies can be designed and implemented. Present strategies are predominantly legal measures and bilateral agreements. Those do not confront the problem of strategies being affected by the international nature of the activity and by the reluctance of the victims to complain or be involved in measures to address it.

Nevertheless, the report documents significant steps that have been taken to implement the Platform at all levels since its adoption in 1996. Some governments have set up interministerial working groups to elaborate national policies and others are sharing information on aspects of trafficking, such as strengthening preventive measures, providing advisory and rehabilitation services to victims, or establishing machinery for implementation of international conventions. Within the United Nations system, the Commission on the Status of Women is facilitating the study of root factors, including external forces, for all forms of sexual exploitation. In the Commission on Human Rights and its subsidiaries, including the Subcommission on Prevention of Discrimination and Protection of Minorities, the working group on contemporary forms of slavery and the special rapporteurs on violence against women and on the sale of children are focusing on aspects of standardizing both protection and limitation of offences. The Commission on Crime Prevention and Criminal Justice is considering the issue as it relates to the smuggling of illegal migrants.

The Commission took up, in addition, a report by the Special Rapporteur on disabled persons of the Commission on Social Development concerning the monitoring of the implementation of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (document A/52/56). The report recalls that the purpose of the United Nations rules is to proved guidance to Member States concerning policies and measures to achieve the goal of full participation and equality. The Special Rapporteur feels no country has fully implemented the rules, although five years after their adoption they are widely accepted. There is no doubt that the Standard Rules have proved to be a useful tool in international efforts on behalf of the disabled.

Statements

BENGT LINDQVIST, Special Rapporteur on disabled persons of the Commission on Social Development, introducing his report (document A/52/56), said if he were to choose one word to describe the situation of disabled people, he would without hesitation, say "exclusion". By international standards of classification, there were at least 500 million disabled people in the world, and the number was expected to rise, due to various factors. Millions of disabled people in developing countries lacked access to education, had poor health conditions and were socially isolated. It was a well-known fact that there was a close link between disability and poverty. What was being done was often achieved by voluntary organizations, while governments, in many cases, failed to assume their responsibilities. The purpose of the Standard Rules was to provide guidance to

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Member States in their efforts to work towards full participation and equal opportunities for disabled persons.

Mr. Lindqvist recommended, among other things, that more distinct disability components should be elaborated to be included in all monitoring activities of the United Nations human rights entities.

SONIA ELJACH (Colombia) said the key element in the success of the High Commissioner for Human Rights' office in Bogota lay in its mandate to provide useful and appropriate advice to the Government, gather information on what was happening in the country, and maintain a constructive dialogue with the authorities. The objective of the office was to help change the human rights situation in the country. The contribution of the international community in that area and efforts to find peace had become more relevant, and the office had earned an important place in Colombia. The office accumulated knowledge on what was going on and was present in the areas most affected by violence. The Government was fully prepared to facilitate the work of the office and to seriously consider its concerns. The Government's reports on the office included its views on the actors involved in the problem. The reports also expressed agreement with various aspects of the High Commissioner's report. The reports should be considered guidelines for the office as it continued its work, as they stressed the need for constructive dialogue and a search for solutions.

The internal armed conflict had affected the human rights situation in Colombia, she continued. It was the duty of the democratic State to continue to search for negotiated solutions for the conflict and to take steps to help protect the human rights of its people. There was no way that this could be postponed until peace was achieved. Indeed, the Government believed that the undertaking of peace would directly affect the human rights situation. On behalf of the Government, she thanked all those who had contributed to help Colombia and urged them to continue that assistance to achieve a sovereign and peaceful Colombia where human rights were protected.

MARIE-NOELLE LITTLE, of the Andean Commission of Jurists, said the establishment of the High Commissioner's office in Bogota had been an important and effective decision. It was good that the office's term of existence had been extended, and that more experts had been added to its staff. The office should have proper financing and its mandate should be reaffirmed -- advice to Government and to members and organizations of civil society. The High Commissioner should visit the office again. The Commission's thematic mechanisms also should pay particular attention to Colombia in their annual reports. Presence of the United Nations agencies tended to improve crisis situations, as long as their objectives were clear. Efforts should be made to consolidate efforts so that the office could function efficiently.

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ALEJANDRO ARTUCIO, of the International Commission of Jurists, said the High Commissioner's report on the Bogota office reflected the reality of Colombia, where every day about 10 people died as a result of political violence. Many persons were displaced and were victims of all sorts of violations perpetrated by the paramilitary groups. The human rights situation had deteriorated despite the Government's commitment to restrict the activities of the paramilitary groups. In the past, the country's high court had ruled that cases of torture should not be dealt with by military tribunals. However, the military tribunals had continued to examine such cases of torture and thus the crimes committed by the paramilitary groups remained unpunished.

AIDA AVELLA, of the Women's International Democratic Federation, said the human rights situation in Colombia was becoming acute. Leaders, activists and human rights defenders had all been declared military targets. There was a need to confront the paramilitary groups and dismiss all police and army officers who supported them. There was coordination between the army and the paramilitary groups. Senior officials known to be connected to the paramilitary groups had been tried and found innocent with the help of the Government. The Women's International Democratic Federation did not agree that the number of violations committed by the armed forces had diminished -- not if one looked at their joint action with paramilitary groups, which had increased.

GENEVIEVE JACQUES, of the Lutheran World Federation, speaking on behalf of two other NGOs, said the three groups had participated in a pastoral and fact-finding mission to Colombia in November 1997. The presence, activity and symbolism of the High Commissioner's office warranted continuing support. The office should intensify its contacts with NGOs and social sectors in the country in order to promote and strengthen human rights efforts and respect for humanitarian law in the context of the very polarized and fragmented situation in Colombia. Impunity was a recurrent theme, and the extent and complexity of the problem had to be acknowledged. Prompt finalization and implementation was needed for legislation which would clearly and unambiguously exclude offences not directly connected with activities of the military service, narrowly defined, from jurisdiction of military tribunals. Steps should also be taken to confront the disproportionate levels of impunity enjoyed by members of paramilitary or "private justice" groups. Trials of such persons were rare. Colombia also must make greater efforts to protect human rights defenders. Children must not be used as combatants by armed sectors of society, as they were now, and all necessary measures must be taken to help those internally displaced by the violence.

MARIA-JOSEP PERES, of Pax Romana, said the Colombian Government had been asked since 1995 by the Special Rapporteurs on torture and on extrajudicial executions to drop the system of secret justice still operating in the country. At the same time, paramilitary activities had increased with the involvement of

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the military. The activities of the paramilitary groups included massacres of innocent people, torture and destruction of dwelling places. Since 1996, some 200,000 people had been forced to flee their home areas in order to escape the terror of the paramilitary groups.

JULIO MATA MONTEIL, of Pax Christi, said many NGOs agreed that the situation of human rights in Colombia in 1997 had become extremely serious and had considerably deteriorated. Various United Nations bodies, including the High Commissioner for Human Rights, agreed with that assessment. Human Rights Commissioner Robinson described the violations as serious, massive and systematic. Pax Christi was concerned, in particular, about the difficult situation which human rights defenders found themselves in Colombia. More than 20 human rights advocates had been killed and others had been forced to disappear or leave the country. The various murders reflected a government policy to undermine the advocates of human rights in Colombia, with authorities claiming that they supported the guerillas. Pax Christi warned that unless there was intervention, in a short time, it would be impossible to defend human rights defenders in Colombia.

BILL FAIRBAIRN, of the Canadian Council of Churches, said the Canadian churches had participated in numerous missions to Colombia over the past decade and had received hundreds of reliable eyewitness accounts attesting to the real and ongoing links that existed between the State security forces and paramilitary groups. Despite the overwhelming evidence, the Government repeatedly maintained that there was no official policy of support for paramilitary groups. If that were truly the case, how did one explain the unprecedented expansion of paramilitary groups around the country, or the innumerable accounts of joint operations conducted by paramilitary and military units, or the ability of paramilitary groups to conduct repressive operations openly and unchallenged in highly militarized zones? Lack of effective curbs on such activities resulted -- in the northern region of Uraba, for example -- in a climate of terror causing forced displacement of tens of thousands of Colombians. The office of the High Commissioner should be strengthened in its mandate and a follow-up report presented to the next session of the General Assembly. The Government of Colombia should be the subject of careful scrutiny to see how it responded to calls for disbanding of paramilitary groups and removing from its armed forces and police persons reliably shown to have supported paramilitary groups.

MADELEINE CHURCH, of the Catholic Institute for International Relations, said she was concerned about the belief that the Colombian State could only guarantee the rule of international law with respect to human rights once peace was achieved in the country. The Institute considered that respect for basic rights and concerted action to combat the almost total impunity that existed in Colombia should be the foundations on which a just and lasting peace was built. During 1997, the increase in activity by paramilitary groups was a significant cause of the deterioration in the situation. The links that

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existed between the paramilitary groups and the security forces had become more evident. It was, therefore, of great concern that the Government continued to present paramilitary activity as "a complex phenomenon", difficult to combat and dismantle.

LUIS GUILLERMO PEREZ, of the International Federation of Human Rights, said it was regrettable that the Colombian Government rejected the conclusions of the report of the High Commissioner on Human Rights, which stated that violations of human rights violations continued to be grave, massive and systematic. That indicated that the Government was not recognizing the key problem, which, in turn, meant that its causes would not be resolved definitively. One of the most serious problems was the army's backing of paramilitary groups. The Ombudsman recently told Parliament in Colombia that these paramilitary groups had become the illegal arm of the army, carrying out its dirty work. The Ombudsman called the paramilitary groups a new form of government exercising illegal repression without restrictions. In such circumstances, the Commission should call for the strengthening of the High Commissioner's office in Bogota. The Commission should also establish a special rapporteur for Colombia.

FERNANDO DE MEDINA-ROSALES MATRAN, of the International League for the Rights and Liberation of Peoples, said the Government of Colombia had not complied with the High Commissioner's office's recommendations and other findings and recommendations of international agencies. The situation in Colombia was deteriorating. Paramilitary groups had not been criminalized, thus ignoring recommendations. The Government had defended the paramilitary groups in various ways and was using them to conduct a war against its own very people, and against human rights defenders. The groups were encouraged and permitted by the Government and the army itself. Similarly, soldiers were not put on trial after violations -- they were promoted. Impunity amounted to about 100 per cent. Army officers charged continued to be judged by military tribunals which exceeded their powers and rational jurisdictions. The Government had responded timidly to this problem, and offences against the civilian population were not judged with sufficient severity, because military justice was not impartial or fair. The High Commissioner should visit Colombia from time to time, and a Special Rapporteur should be assigned to investigate the human rights situation.

HERNAN MOTTA, of the American Association of Jurists, said a regime of terror represented by the paramilitary and security forces was reigning in Colombia. The paramilitary groups were not only carrying out counter-insurgency activities -- they were also instruments in terrorizing human rights activists and organizations, including political opponents and trade unionists. Their terror was felt in broad regions of the country. The Government had given its tacit approval to the paramilitary groups, and it paid no heed to the atrocities they perpetrated.

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Statements on Issues Dealt with by Subcommission

ANNE ANDERSON (Ireland) said that traditionally, disabilities issues tended to be approached exclusively in a social welfare or social development perspective. Setting them in the human rights context had important philosophical, psychological and practical consequences. Disability issues were no longer compartmentalized within the United Nations system, and progress had been made in integrating the disability component into mainstream United Nations activities. Yet, despite those steps towards mainstreaming, substantial progress remained elusive. With an estimated 500 million disabled people worldwide, they were a significant percentage of the world's population. Their problems needed to be tackled using the same tools as in other situations of human rights violations: good legislation at the national level backed by adequate funding; international standard setting; application of benchmarks; and monitoring and constant attention by international bodies. There was also a need to fully recognize the link between disability and poverty. Given the particular vulnerability of disabled people in many developing countries, it was especially important that bilateral and multilateral development cooperation programmes should integrate disability measures into their overall approach. HOLGER KALLEHAUGE (Denmark) said the Commission was urged to adopt a resolution with a clear and direct message to all nations that persons with disabilities had a right to equal opportunities and non-discrimination. Human rights were universal and therefore applied to all, including persons with disabilities. Member States must reiterate their responsibility for creating equal opportunities for persons with disabilities as stipulated in the United Nations Standard Rules on Equalization of Opportunities for Persons with Disabilities. Such persons had a right to, among other things, effective medical care and rehabilitation; independent living and active participation in all aspects of society; access to physical environment, information, communication, shelter, infrastructure, public transport and education at all levels; equal opportunity for employment; and inclusion in poverty-eradication programmes. Whenever a particular group of vulnerable, marginalized or impoverished persons was mentioned in a human rights instrument, the text should be read to include persons with disabilities as belonging to the group.

KRZYSZTOF DRZEWICKI (Poland) said the report of the Secretary-General on minimum humanitarian standards had helped significantly to clarify the whole issue of the applicability of minimum standards and the legal modalities for potentially further promotion of minimum humanitarian standards. The report had taken a commendable approach in setting the framework for future discussions on the whole issue, instead of giving ready and categoric replies. Poland believed that the terminology was not a secondary issue in that case. Although there were clear concepts behind, it was better for the whole idea to be reflected as adequately as possible. Concepts, not terms, should be the masters. Therefore, the delegation of Poland was in favour of referring to "standards of humanity" instead of "humanitarian standards".

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HEIKO ALFELD (South Africa) said the analytical report of the Secretary- General on fundamental standards of humanity highlighted the salient issues of a very complicated subject matter. South Africa felt that the urgent need to protect those who were exposed to extreme suffering as a result of a lack of sufficient protection was too often overlooked. It was patently clear that existing international law relating to human rights and humanitarian norms applicable in armed conflicts did not adequately protect human beings in situations of internal violence, disturbances, tensions or public emergencies. To do nothing about this would, in effect, undermine existing standards. However, much depended on the provision of legal and technical assistance to Governments, especially in developing countries.

H.K. SINGH (India) said the Subcommission, having made progress in rationalizing its agenda, should try as well to improve its time management, in part by devoting more time to contributions by its experts and less to statements by observer governments and NGOs. It should try to follow up in plenary in greater depth on the activities of its working groups on minorities, contemporary forms of slavery, and indigenous populations. The mandate of the working group on minorities should be extended. Practical measures should be examined by the Subcommission to promote tolerance and pluralism; and discussions should be more focused, perhaps with experts making presentations on the basis of working papers. A full study of terrorism and human rights should be authorized, and the Subcommission should commence work on a draft declaration on human rights and extreme poverty. More work should be performed on the right to development. The Office of the High Commissioner should expand efforts to enhance the level of contributions to the Voluntary Fund for Victims of Contemporary Forms of Slavery.

HUSNIY MARKUS (Libya) said the international community was becoming increasingly aware of the need to protect the rights of the disabled, in general. The disabled had the same human rights as other persons. They were all entitled to the rights to dignity and to the enjoyment of all sorts of assistance that society provided for others. The majority of disabled people lived in the developing countries, where they experienced exclusion without enjoying their rights. Disabled women, in particular, were excluded, given their status in society in general. Disabled children were also among the vulnerable segments of a society. Islam was a religion of compassion and, thus, promoted the well being of all human beings in all spheres.

JAN ROMARE (Sweden) said there was a strong relationship between poverty and disability. Two thirds of disabled persons lived in developing countries, and it was estimated that 350 million disabled persons lived in areas where services they needed were scarce or non-existent. The disabled poor lacked influence, information, education, resources and access. Their human rights were being violated. It had been said that women with disabilities, including those in developing countries, had a double or even a triple handicap, being disabled, poor and women. The need for gender equality and for empowerment

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was particularly urged with regard to disabled women. Children with disabilities, including those who lived in poverty, were also particularly exposed. Sweden fully supported the recommendations of the Special Rapporteur which would develop awareness, increase efficiency, and create closer cooperation between the United Nations human rights entities, the Standard Rules on the Equalization of Opportunities for Persons with Disabilities monitoring the mechanisms, and NGOs in the disability field.

GIANFRANCO ROSSI, of the International Association for Religious Freedom, said it was important to properly recognize minorities. A member of a minority religion was a member of a minority, even if that person had other characteristics in common with the majority population. A member of the Subcommission had contended that that was not true, and it was necessary for the Subcommission to pay honest attention to protecting religious minorities from the dangers of majority religious extremism. An example was the Hindu-dominated Government now in power in India, which had left the Muslim minority feeling threatened, while in Jammu and Kashmir it was the Hindus who were in the minority and felt threatened. Thousands of Hindu pandits had fled the region, preferring to live in refugee camps. The international community could not twiddle its thumbs faced with such situations. The Commission should recommend that the Subcommission pay more attention to situations concerning religious minorities. It should urge the Governments of India and Pakistan to find a fair, non-violent, political solution to the conflict in Kashmir.

ALEJANDRO TEITELBAUM, of the Association of American Jurists, said the United States had violated the right to freedom of movement of the President of the Permanent Assembly of Human Rights of Bolivia, Waldo Albarracin, while he travelled through that country on his way to Canada at the invitation of OXFAM-Quebec. Last month, he had been stopped while in transit in Miami and sent back to Bolivia after a long body search and much humiliation. Although he was a holder of valid return ticket and passport, the United States authorities prevented him continuing his trip. The right to freedom of movement was enshrined in article 12 of the International Covenant on Civil and Political Rights, which the United States had ratified. Article 12 was not among the reservations the United States had entered upon adhering to the Covenant, and, therefore, the treatment Mr. Albarracin had received constituted a flagrant violation of the pact.

KASHINATH PANDITA, of the African Commission of Health and Health Rights Promoters, said the Special Rapporteur on terrorism and human rights was finding it difficult to extricate herself from the controversy surrounding the definition of terrorism. The General Assembly and the human rights Subcommission had both condemned all acts of terrorism in all its forms and manifestations, so there was no need for the Special Rapporteur to rake up the controversy on the definition of terrorism by linking it to national liberation struggles or struggles for the right to self-determination. Moreover, care had to be taken that new forms of

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terrorism were not overlooked. The group called for the halt of one such new form -- namely, transnational and cross-border terrorism, whereby States allowed known terrorists to live in and launch attacks from their territories. There were adequate legal provisions within United Nations bodies and institutions to combat that menace; the question was whether there was a will to implement the deterrent legal action.

ATSUKO TANAKA, of the International Movement against All Forms of Discrimination and Racism, said the problem of trafficking in persons needed to be urgently addressed, especially trafficking in women from the poorer regions of the world. Those women were lured, forced, or otherwise compelled to enter into situations of debt bondage, serving the sexual desires of men in more economically advanced countries. In a study conducted by the organization on trafficking of Asian women to Japan, it became apparent that in most cases women did not choose to endure the conditions of prostitution they experienced but were compelled to enter and remain due to poverty, unemployment, lack of proper reintegration services, stigma, adverse social attitudes, family expectations and pressure. It was essential to attack the root causes of trafficking and penalize the traffickers, as well as to meaningfully reintegrate the victims. The organization was drafting an optional protocol to the relevant 1949 Convention incorporating various modern aspects of trafficking. It had also released a reference manual entitled "Trafficking in Women: From Recognition to Response", which was intended for the empowerment of victims and survivors.

GRACELYN SMALLWOOD, of North-South XXI, said that despite the 1948 Universal Declaration, it was not until 1967 that the Australian indigenous people were accorded the most basic rights. On 26 January 1788, English visitors arrived and colonized the country, then practised discrimination and genocide on a massive scale. Many Aboriginal children were forcibly removed from their families on the grounds of race. Indigenous children were placed in institutions, church missions, adopted or fostered, and were at risk of physical and sexual abuse. Many never received wages for their labour. Yet, the Australian Government refused to apologize for the stolen generation, even though it had passed a Genocide Convention Act in 1949.

BRIGITTE POLONOVSKI VAUCLAIR, of the Coalition against Trafficking in Women, said there was massive sexual exploitation of Taiwanese women and girls. But that deplorable situation was not unique to Taiwan. Trafficking in women and girls was a severe human rights crisis throughout the Asian region. Trafficking in women and girls in South-East Asia had reached epidemic proportions. One of the major destinations for such traffic was Japan. Thailand was a major sending country, while Taiwan had become the hub of that traffic. The impact on Taiwanese women and girls was devastating, and they were increasingly targeted by pimps and traffickers. Among others, there was one very urgent problem: AIDS. Because of their status, women and girls in the sex industry could not receive welfare or medication. With the

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development of the Thailand-Taiwan-Japan linkage in mind, the organization was deeply concerned about the development of AIDS.

MARIE-LAURA BECK-HENRY, of the World Movement of Mothers, said it was difficult to be focused on the right of a mother to choose her own fate. The World Movement was encouraging mothers to take their rightful place in the societies of their own countries. Still, in many countries, mothers still faced unequal treatment in families and societies. Too often, they faced situations of poverty and were forced to work outside the home; too often they were the main breadwinners for their families. The Movement felt that mothers were fully fledged workers and had full equality. A status as "mother" should be created, whether they worked in or outside the home, and they should have the right to choose whether or not to stay at home, without any external constraints. The Commission should pay more attention to issues affecting mothers and act to give mothers their rightful place.

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