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GA/SHC/3557

SOCIAL COMMITTEE URGES STEPS TO PREVENT ABUSE OF STREET CHILDREN, PROTECT WELFARE OF CHILDREN IN ARMED CONFLICT SITUATIONS

11 November 1999


Press Release
GA/SHC/3557


SOCIAL COMMITTEE URGES STEPS TO PREVENT ABUSE OF STREET CHILDREN, PROTECT WELFARE OF CHILDREN IN ARMED CONFLICT SITUATIONS

19991111

Other Texts Seek Assembly Action on Rights of Girl Child, Promotion of International Convention on Migrant Workers and Families

Governments would be strongly urged to take urgent and effective measures to prevent the killing of children living and/or working on the streets, by the terms of one of three draft resolutions approved without a vote this afternoon by the Third Committee (Social, Humanitarian and Cultural). The measures should combat torture and abusive treatment of those children, and bring the perpetrators to justice.

Also by the orally revised draft resolution, the General Assembly would urge States and other parties to armed conflict to respect international humanitarian law, to put an end to any form of targeting of children or attacking of sites that usually have a significant presence of children. Also, it would urge the Secretary-General and all relevant parts of the United Nations system to intensify efforts to develop a concerted approach to the rights, protection and welfare of children affected by armed conflict. In addition, governments would be urged to improve the implementation of policies and programmes for the protection, care and well-being of refugees and internally displaced children with the necessary international cooperation.

The representatives of Singapore, United States and Uruguay made statements on the draft.

By the terms of another text approved today, the Assembly would urge States to take all necessary measures, and to institute legal reforms, to ensure the full and equal enjoyment by the girl child of all human rights and fundamental freedoms. They would be urged to take effective action against violations of those rights and freedoms and to base programmes and policies for the girl child on the rights of the child. In addition, they would be urged to enact and strictly enforce laws to ensure that marriage is entered into only with the free and full consent of the intending spouses, to enact and strictly enforce laws concerning the minimum legal age of consent and the minimum age for marriage, and to raise the minimum age for marriage where necessary.

By the terms of the third draft approved by the Committee (as orally revised), the General Assembly would call upon all Member States to consider

Third Committee - 1a - Press Release GA/SHC/3557 43rd Meeting (PM) 11 November 1999

signing and ratifying or acceding to the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, as a matter of priority. Also, the Secretary-General would be requested to provide all the facilities and assistance necessary for the promotion of the Convention through the World Public Information Campaign on Human Rights and the programme of advisory services in the field of human rights.

The Committee this afternoon also concluded its discussion on human rights issues.

The representative of the Russian Federation said the question of human rights should be depoliticized. He called for the reaffirmation of the rule of law, the respect of human rights and the humanizing of international relations.

Economic, social and cultural rights must be given their rightful place in the human rights machinery and in practice, said the representative of Norway. He reviewed the human rights situation in many areas, and said the elimination of poverty was an urgent human rights challenge. He called for global accountability in implementing human rights.

Statements were also made by the representatives of Ethiopia, Israel, Eritrea and Haiti.

The following countries made statements in exercise of the right of reply: Turkey, Estonia, Rwanda, China, Eritrea, Democratic Republic of the Congo, Russian Federation, Ethiopia, Iraq and Indonesia. The Observer for Palestine also spoke.

The Committee will meet again tomorrow, 12 November, at 10 a.m. to begin its consideration of issues related to refugees and hold a dialogue with the High Commissioner for Refugees.

Committee Work Programme

The Third Committee (Social, Humanitarian and Cultural) met this afternoon to conclude its current consideration of human rights issues, including alternative approaches for improving human rights; human rights situations; follow-up to the Vienna Declaration; and the report of the United Nations High Commissioner for Human Rights. (For background information, see Press Releases GA/SHC/3546 and 3547 of 4 November.)

The Committee also has before it several draft resolutions on which action is expected. By an 87-power, eight-part draft on the rights of the child (document A/C.3/54/L.49), the Assembly would call for actions related directly to promotion and protection of those rights. In part I, it would call for implementing the Convention on the Rights of the Child. Specifically, it would once again urge States to sign and ratify or accede to the Convention, reiterating its concern at the great number of reservations and urging States to withdraw them. The Assembly would also call on States to implement the Convention and would urge States to involve children and youth in their efforts to implement the goals of the World Summit for Children and the Convention on the Rights of the Child.

Under part II of the draft, concerning prevention and eradication of the sale of children and of their sexual exploitation and abuse, including child prostitution and child pornography, the Assembly would strongly support the work of the open-ended inter-sessional working group of the Commission on Human Rights on elaborating a draft optional protocol to the Convention on the Rights of the Child. Also, it would call upon States to criminalize and effectively penalize all forms of sexual exploitation and sexual abuse of children. In addition, it would call on States to enact and enforce, review and revise, as appropriate, laws, and implement policies programmes and practices to protect children.

Part III, on protection of children affected by armed conflict, would have the Assembly urge the Secretary-General and all relevant parts of the United Nations system to intensify efforts to develop a concerted approach to the rights, protection and welfare of children affected by armed conflict. States and other parties to armed conflict would be urged to respect international humanitarian law, to put an end to any form of targeting of children and to attacking sites that usually have a significant presence of children.

Part IV concerns refugee and internally displaced children. In that regard, the Assembly would urge Governments to improve the implementation of policies and programmes for the protection, care and well-being of refugee and internally displaced children with the necessary international cooperation. Part V of the text, concerning progressive elimination of child labour, would have the Assembly call on States to translate into concrete action their commitment to eliminate child labour contrary to accepted international standards. Also, it would also call on States to assess and examine the magnitude, nature and causes of child labour and to elaborate and implement strategies for eliminating child labour.

By Part VI, on the plight of children working and/or living on the streets, Governments would be strongly urged to guarantee the respect for all human rights and fundamental freedoms, as well as to take urgent and effective measures to prevent the killing of children living and/or working on the streets. By part VII, concerning children with disabilities, the Assembly would call on States to take all measures to ensure full and equal rights to children with disabilities and to promote a decent life for them. By part VIII, the Assembly would decide to request reports related to the rights of the child from both the Secretary-General and his Special Representative on children and armed conflict.

The draft is sponsored by Afghanistan, Algeria, Andorra, Armenia, Australia, Austria, Azerbaijan, Bangladesh, Belgium, Belarus, Benin, Bhutan, Botswana, Burkina Faso, Bosnia and Herzegovina, Bulgaria, Canada, Cameroon, China, Cape Verde, Croatia, Cyprus, Czech Republic, Denmark, Egypt, Estonia, Finland, France, Georgia, Germany, Greece, Guinea, Hungary, India, Iceland, Ireland, Italy, Iraq, Indonesia, Japan, Kazakhstan, Kenya, Kyrgysztan, Latvia, Liechtenstein, Lithuania, Liberia, Lesotho, Luxembourg, Malta, Malaysia, Mali, Monaco, Mongolia, Micronesia, Republic of Moldova, Namibia, Netherlands, New Zealand, Nigeria, Norway, Pakistan, Peru, Philippines, Poland, Portugal, Romania, Russian Federation, San Marino, Slovakia, Slovenia, Spain, Sweden, Sudan, Sierra Leone, South Africa, the former Yugoslav Republic of Macedonia, Tunisia, Ukraine, Uzbekistan and the United Kingdom.

The Committee also has before it a 84-Power draft resolution on the girl child (document A/C.3/54/L.46). By the terms of that draft the Assembly would urge all States to take all necessary measures and to institute legal reforms to ensure the full and equal enjoyment by the girl child of all human rights and fundamental freedoms, to take effective action against violations of those rights and freedoms and to base programmes and policies for the girl child on the rights of the child. Also, States would be urged to enact and strictly enforce laws to ensure that marriage is entered into only with the free and full consent of the intending spouses, to enact and strictly enforce laws concerning the minimum legal age of consent and the minimum age for marriage and to raise the minimum age for marriage where necessary.

Also by the draft, the Assembly would urge all States to fulfil obligations they have under the Convention on the Rights of the Child and the Convention on the Elimination of all Forms of Discrimination against Women as well the commitment to implement the Platform of Action of the Fourth World Conference on Women. All States would further be urged to enact and enforce legislation to protect girls from all forms of violence, including female infanticide and prenatal sex selection, female genital mutilation, rape, domestic violence, incest, sexual abuse, sexual exploitation, child prostitution and child pornography, and to develop age-appropriate safe and confidential programmes and medical, social and psychological support services to assist girls who are subject to violence. States would be urged to take special measures for the protection of children, in particular to protect girls from rape and other forms of sexual abuse and gender based violence.

Also by the terms of the draft, the Assembly would urge States to formulate comprehensive, multidisciplinary and coordinated national plans, programmes or strategies to eliminate all forms of violence against women and girls.

That draft was sponsored by the following countries: Afghanistan, Andorra, Angola, Argentina, Australia, Bahamas, Bangladesh, Barbados, Belgium, Benin, Botswana, Brazil, Bulgaria, Burkina Faso, Canada, Cape Verde, Chile, China, Colombia, Congo, Costa Rica, Côte d’Ivoire, Croatia, Cuba, Democratic Republic of the Congo, Dominican Republic, Ecuador, Equatorial Guinea, Eritrea, Ethiopia, Fiji, Finland, France, Germany, Ghana, Guatemala, Guinea, Guyana, Haiti, Hungary, Iceland, Ireland, Italy, Kenya, Lesotho, Liberia, Liechtenstein, Luxembourg, Malawi, Malaysia, Mali, Mauritius, Monaco, Mozambique, Namibia, Nepal, Netherlands, Nigeria, Norway, Papua New Guinea, Paraguay, Peru, Poland, Portugal, Romania, Rwanda, Saint Lucia, Senegal, Seychelles, Singapore, Slovenia, Solomon Islands, South Africa, Suriname, Swaziland, Sweden, the former Yugoslav Republic of Macedonia, Ukraine, United Kingdom, United Republic of Tanzania, Uruguay, Venezuela, Viet Nam, Zambia and Zimbabwe.

By the terms of another draft, on the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (document A/C.3/54/L.53), the General Assembly would call upon all Member States to consider signing and ratifying or acceding to the Convention as a matter of priority, expressing the hope that it would enter into force at an early date, and notes that, pursuant to article 87 of the Convention, only eight ratifications or accessions were still needed for it to enter into force. Also, the Secretary- General is requested to provide all the facilities and assistance necessary for the promotion of the Convention through the World Public Information Campaign on Human Rights and the programme of advisory services in the field of human rights.

That draft is sponsored by Argentina, Bangladesh, Cape Verde, Colombia, Costa Rica, Cuba, Ecuador, Egypt, El Salvador, Guatemala, Mexico, Morocco, Paraguay, Peru, Phillipines, Senegal, Sri Lanka, Turkey and Uruguay.

Action on draft resolutions

The Committee took up the draft on issues related to the promotion and protection of the rights of children entitled "the girl child". The following countries were added as co-sponsors: Spain, Madagascar, Belize, Russian Federation, Ghana, Republic of Moldova, Benin, Saint Vincent and the Grenadines, Cambodia, India, Jamaica, Grenada, Burkina Faso, Antigua and Barbuda, Austria, Uzbekistan, Uganda, San Marino, Republic of Korea, Panama and Belarus.

The Committee approved the draft resolution without a vote.

Next, the Committee took up the orally revised draft entitled "the rights of the child". The following countries were added as co-sponsors: Eritrea, Indonesia, Swaziland, United Republic of Tanzania, Uganda, Equatorial Guinea, Malawi, Togo, Mozambique, Cambodia, Ghana, Zimbabwe, Jamaica and Congo.

The representative of Singapore said he was unable to sponsor the draft this year even though it had traditionally done so. It contained a provision urging States parties, among other things, to “regularly review any reservations with a view to withdrawing them”. The purpose of reservations was to allow as many countries as possible to come on board international treaties at the earliest opportunity, while providing them with flexibility as required by their particular circumstances. There seemed to be a trend to discourage reservations. This made it more difficult for countries to accede to international treaties.

The representative of the United States said his Government had joined in approving the draft by a consensus. It would help improve the situation of children worldwide and further sought to end the brutalization of children in conflict situations and their use as soldiers.

The representative of Uruguay said the draft was a comprehensive one improving the situation of children worldwide.

The draft resolution on “the rights of the child” was approved without a vote.

The Committee recommended to the General Assembly that it take note of the report of the Secretary-General in the status of the Convention on the Rights of the Child.

Next, the Committee took up the draft resolution on issues related to “Human Rights questions: implementation of human rights instruments” entitled “International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families”. Added as co-sponsors were: Yemen, Nicaragua and Portugal.

The orally revised text was approved by the Committee without a vote.

Statements

ALEXANDRE ZMEEVSKY (Russian Federation) asked how the vicious cycle of human rights abuses could be eradicated in the world. Perhaps force could be applied to keep people in line, but history had proven that the use of force without law was unjust and made matters worse. Human rights factors should be used to bring nations together, never to circumvent the Charter. There could be no tally of the high cost for humanity in cases of unchecked armed intervention, as in the case of Kosovo. There, the relevant Security Council resolutions should be implemented.

He said there was a real threat to the global community due to terrorism. Human rights were important in the era of prevention the Secretary-General had initiated; a key to implementing that era was to depoliticize human rights issues. Less than 20 per cent of all cultures were homogenous, he went on. Ethnic purges and conflicts among nations did not begin with machete blows or gunshots, but with the rejection of the truth that all people were equal in their dignity. Why was it possible for some nations to have schools in languages representing their ethnic populations while in other countries the majority language was excluded in some areas, and in other countries still, minority languages were not accepted. Civilized integration and not ethnic disintegration should be the key.

He said his country had the greatest concern with regard to Chechen affairs. Human rights violations by outside terrorist groups had been going on there for far too long. After armed attacks by them in Moscow, it had become clear that those international forces of terrorism had to be checked. It was for the purpose of freeing the Chechen people that the Russian people were losing their lives. In fighting those outside terrorist gangs, civilian populations were to be strictly avoided. Some were attempting to picture the situation as a humanitarian catastrophe in the northern Caucasus, similarly to what had occurred in the Balkans. There was no humanitarian catastrophe, however; the Russian Federation had the resources to prevent that. Further, it was ready to cooperate with all those who saw events in Chechnya not as another global geopolitical situation but as a defence of human rights.

FESSEHA TESSEMA (Ethiopia) said most States today aspired to enjoy their human rights and to avoid the dangers of war and aggression. The human rights instruments had laid down the obligations of governments in guaranteeing those rights to their people and in refraining from the unlawful use of force in resolving disputes. Despite that, armed conflicts continued, accompanied by the mass exodus of refugees, violence and flagrant violations of human rights by States. The blatant aggression against Ethiopia by the Eritrean regime was a good example of the deplorable situation.

He said that since May 1998 unprovoked aggression had been unleashed by the Eritrean Government, which had persistently violated the cardinal principles enshrined in international human rights instruments, the Geneva Conventions and the First Additional Protocol. The gross violations, including continuous attacks on civilian targets and cultural sites, were just the tip of the iceberg. All the criminals responsible for those crimes against human rights must be brought to justice, whether they were authorities, members of the police force or private individuals.

BENJAMIN ORON (Israel) said there was no need to argue about the political motivations behind some references made to Israel in both reports and statements in the Committee. However, certain facts should be clarified. For one, a serious peace process was ending decades of conflict between Israel and Palestine, despite differences on a permanent status agreement. An ambitious schedule had been set for resolving outstanding issues through intensive negotiations. Over 90 per cent of the Palestinian people living in Gaza and the West Bank lived their daily lives under the Palestinian Authority and a safe passage between Gaza and the West Bank was operating. Palestinian prisoners had been released and further redeployments in the West Bank were expected in the next days.

Decisions regarding dismantling of illegal settlements had been implemented, and Israel had pledged to withdraw its troops from Lebanon by next summer. Israel’s Supreme Court played the leading role in protecting human rights and freedoms. Legislation had been proposed to guide activities of government agents. It had been affirmed that the status of residency of East Jerusalemites would not be affected by overseas residency. Far from being an issue of legislation and judicial ruling, human rights in Israel were at the heart of public debate, in both the media and the educational system. Dozens of nongovernmental organizations (NGOs) worked freely to promote and protect rights.

Charity began at home, he said, and Israel would continue to pursue its efforts in promoting and protecting human rights in its own backyard.

AMARE TEKLE (Eritrea) said about 13,000 Eritreans and Ethiopians of Eritrean origin had been expelled by the Ethiopian Government just because of their national origin. More human suffering, expulsions, detentions and torture and even brutal suppression of human rights had occurred.

Close to 70,000 Eritreans had been deported, he said. Over 250,000 had been displaced as the result of the bombardment of Eritrean villages by Ethiopian armed forces. Also, about 2,000 or more had been incarcerated in Ethiopia’s concentration camps such as Blatte and Dedessa. In Ethiopia, he asserted, Eritreans were deported and not allowed to leave voluntarily. Civilian targets like churches in the town of Adi Qaih, had been bombarded and children were being abducted and forcibly conscripted into the Ethiopian armed forces. In addition, third party reports had consistently accused Ethiopians of adopting a deliberate policy of systematic violations of the human rights of Eritreans and Ethiopians of Eritrean origin. The international community, through its human rights agencies, must ensure the protection of human rights in all the corners of the world, he said, adding, “To those who claim that, by their silence, they are promoting peace and stability, history advises that tolerance of human rights violations only begets more violations and eventually leads to chaos".

PETTER WILLE (Norway) said the commitment to fulfil and respect human rights was incumbent on every State. All States had to question whether they were doing enough to implement human rights for their own people. That same approach must be applied internationally. All should cooperate as a family of nations by proceeding on the common understanding that the human rights debate was no longer only about civil and political rights and that human development was no longer only about economic growth. Economic, social and cultural rights must be given their rightful place in the human rights machinery and in practice. Eliminating poverty was an urgent human rights challenge.

Citing difficult human rights situations around the world, including that in the Federal Republic of Yugoslavia, he said Norway was engaged in a number of multi-faceted dialogues on human rights, followed by practical involvement in the field. He noted among positive developments on the global scene the upcoming world conference against racism, the declaration on human rights defenders and growing cooperation with the United Nations High Commissioner for Human Rights.

NICOLE ROMULUS (Haiti) said her Government had abolished capital punishment. In the context of the United Nations, participation of countries in United Nations programmes should not depend on a State’s position in relation to the death penalty. There was a great division in regard to that matter. A calm and serene climate that would lead to understanding was necessary.

Rights of Reply

The representative of Turkey said his country was committed to democracy and respect for human rights. People’s ethnic background did not define their rights as citizens. Discrimination and intolerance were alien to his Government. He did not understand the statement of Norway in connection with his country.

The representative of Estonia said there were no fewer than four different United Nations Special Representatives in his country, assessing the situation there. They had not found any violations of human rights. The situation in the northern Caucasus had demonstrated how vulnerable the world was. A country was carrying out an inhumane campaign to kill people in Chechnya; the situation there was far from being an internal matter. The Russian Federation had denied access to the fact-finding mission; thousands of refugees there were in a vulnerable situation. The world had turned a blind eye to what was going on in Chechnya.

The Observer for Palestine said statements by Israel contained inaccuracies. There were obstacles to freedom of movement. Israel was trying to change the nature of Jerusalem by making the majority citizenship of Jerusalem Jewish by taking away Palestinian identity cards. Israel claimed that 99 per cent of the Palestinian people lived under Palestinian rule. In truth, it was impossible to buy a bottle of milk without authorization.

The representative of Rwanda said the delegate of Norway and others should put the blame about his country where it belonged. Rwanda was doing all it could and its human rights commission was cooperating with the United Nations machinery.

The representative of China repudiated Norway’s inappropriate statements about his country. China had always respected the rights of minorities and the human rights situation in Tibet had been improved. His country had carried out useful dialogues with Norway in the past year. It was inappropriate for Norway to use the forum of the United Nations to speak against China. Norway should point no finger at others.

The representative of Eritrea said the issue of aggression in his country’s situation with Ethiopia had been openly discussed and the facts were clear. That was evident by the fact that Eritrea had signed all Organization of African Unity (OAU) agreements while Ethiopia had not. The intent of the Ethiopian Government had been to say “a plague on both houses,” and perhaps that had occurred in the eyes of the international community since both countries were seen as equally guilty. The questions to ask, however, were: was the international community interested in the truth? Was the Ethiopian Government ready to enter into an investigation of human rights considerations in its activities? If not, what would the world community do?

The representative of the Democratic Republic of the Congo said his Government had taken measures to change the situation of children and detainees after the revolution, and to bring about the necessary reforms. He wanted the representative of Norway to note those as signs of positive activities in favour of human rights. Much progress had been made in the international community through the work of the Third Committee. Cooperation was necessary in order to move forward the situation in the Great Lakes region of Africa. He hoped his country could live in peace.

The representative of the Russian Federation wondered who was really violating the situation in the northern Caucasus. As for the situation of human rights in Estonia, the Government there was discriminatory towards Russians and to non-Estonians. He hoped the authorities in that country would carry out the recommendations made by the regional structures.

The representative of Ethiopia said the representative of Eritrea continued to misinform the international community on the nationality of deportees. The Eritrean delegation had hidden the facts and given a distorted interpretation. Eritreans confirmed their nationality by law. Any person having Eritrean nationality was considered an Eritrean citizen. The deportees were Ethiopian. Most of Eritreans in Ethiopia had chosen that nationality. Eritreans had established networks to undermine Ethiopian economic establishments. Some Eritreans who had tried to undermine his Government had been deported. All Governments had the right to deport those who were considered dangerous for national security.

In response to Norway’s statement, the representative of Iraq said he rejected the allegations made, and it would have been better if Norway had been more careful with the facts.

The representative of Indonesia said his Government had taken special measures to protect East Timorese refugees. It had worked with international organizations to protect them. It was conducting fruitful dialogues on protecting them.

The representative of Eritrea said Ethiopia had referred to the Eritrean Referendum Proclamation rather than the Eritrean Nationality Proclamation in speaking about citizenship. Reading from the law concerning Eritrean nationality, he said citizenship was not mentioned because citizenship was not an option until it had been decided, by the referendum, who would be citizens if Eritrea decided to become independent. The representative of Ethiopia said he would not debate Eritrean law. Ethiopia had accepted every peace proposal offered, including the United States-Rwanda proposal that had been ridiculed by Eritrea. Eritrea turned down any agreement containing elements directing Eritrea to withdraw from Ethiopian territory. Further, his country was committed to the OAU peace plans.

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For information media. Not an official record.