Fifty-eighth General Assembly

Third Committee

37^th & 38^th Meetings (AM & PM)

ADDRESSING THIRD COMMITTEE, ACTING HIGH COMMISSIONER STRESSES LINK BETWEEN PROMOTION

OF HUMAN RIGHTS, POVERTY ERADICATION AND DEVELOPMENT

Issues Related to Migrants, Cambodia also Discussed

Acting High Commissioner for Human Rights, Bertrand Ramcharan, stressed the intrinsic link between human rights promotion, poverty eradication and development, as the Third Committee (Social, Humanitarian and Cultural) began its review of approaches for improving the effective enjoyment of human rights as well as specific human rights situations.  The Committee also heard from the Special Representative on human rights in Cambodia and the Special Rapporteur on the Human Rights of Migrants.

Were it not for a heinous act of terrorism in Baghdad, Sergio Vieira de Mello would have presented the annual report of the High Commissioner for Human Rights, Mr. Ramcharan noted with regret.  The report was premised on the fact that the protection of human rights was essential for humankind, as well as the future of the United Nations.  Human rights meant all human rights -– economic, social, cultural and political and civil rights –- as well as the right to development, he said.  Without development, there could be no universal realization of human rights, and without universal human rights, development would be unattainable. 

Presenting a report on human rights in Cambodia, the Special Representative of the Secretary-General for human rights in Cambodia, Peter Leuprecht, said Cambodia was plagued by four basic evils -– poverty, violence, corruption and lawlessness.  Cambodians needed a truly democratic regime based on the rule of law and respect for human rights; equal access to justice, health care and education; and a trustworthy public service.  The Khmer Rouge trial was overdue, and he hoped the agreement signed with the United Nations last June would be speedily ratified and implemented.  The people of Cambodia needed the solidarity of the international community in their struggle for democracy, rule of law and human rights.

Responding to the Special Representative, the representative of Cambodia said that Cambodia was currently overcoming a legacy of more than two decades of warfare, violence and destruction throughout the country.  The report of the Special Representative only portrayed a negative image of the situation of human rights in Cambodia, while ignoring the great efforts accomplished by the Government in terms of socio-economic development –- showing the bias of the Special Representative against the Government and people of Cambodia. 

Gabriela Rodriguez Pizarro, Special Rapporteur on the Human Rights of Migrants, said that, despite progress, she continued to receive reports of the violation of human rights of migrants.  She stressed that the international community and States could no longer ignore the situation of human rights of migrants, including the special situations that occurred as a result of irregular migratory flows.  Migratory policies often ignored the medical, psychological and legal needs of migrants, and that women migrants were particularly vulnerable to abuse and exploitation. 

States also needed to improve the access of migrants to public health services, she continued.  Particular attention needed to be paid to migrants in detention, since they often suffered circumstances that were often ignored, such as being minors, unaccompanied or victims of transnational organized crime.

In a subsequent question-and-answer session, speakers from host and transit countries and countries of origin stated their concerns regarding to the human rights of migrants.  Questions were raised about illegal migrants abusing the institution of asylum and policies for the orderly return of illegal migrants to their countries of origin.  The importance of the Convention against Transnational Organized Crime was stressed, and questions were asked about the detention of migrants and whether the regular or irregular nature of migration should affect the rights of migrant individuals.

Also addressing the Commission today was the Chairperson of the fifty-ninth session of the Commission on Human Rights, Najat Al-Hajjaji of Libya, who presented a brief overview of the session, its achievements and challenges.  She said a new working group would meet in 2004 to consider a possible optional protocol to the International Covenant on Economic, Social and Cultural Rights.  The Commission had also endorsed decisions of the subcommission to convene annually a social forum, and to commence new studies, including on human rights and small arms and discrimination in the criminal justice system. 

Reform of the working method of the Commission was needed, however, she said.  Such reform must address the level of politicization in the Commission, the length and periodicity of its resolution, the Commission’s agenda, the role of non-governmental organization (NGO) partners, the role of special procedures, the use of limited resources, and the question of country-specific work.

Also speaking today were representatives of the United States, Mozambique, Iran, Japan, Ukraine, Uruguay (on behalf of the Southern Common Market, MERCOSUR), Saudi Arabia, Ecuador, and Canada.

The Committee will reconvene tomorrow, at 10 a.m., to continue its consideration of alternative approaches to the promotion of human rights, human rights situations, as well as reports of special rapporteurs and representatives.

Background

The Third Committee (Social, Humanitarian and Cultural) will begin its consideration of human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms.

There is a note by the Secretary-General transmitting the report of his Special Representative for human rights in Cambodia, Peter Leuprecht (document A/58/317).  The report states that the third National Assembly elections, held on 27 July 2003, marked an important step in Cambodia’s efforts to establish a multiparty democracy.  There was a marked improvement in the technical aspects of election administration and polling had been conducted in a generally peaceful and orderly manner.  However, in confronting electoral fraud, vote-buying, intimidation and violence, the National Election Committee had failed in almost every case to use its considerable power to impose fines and other sanctions.

The report emphasizes that the process of building democratic institutions and advancing the enjoyment of human rights under the rule of law in Cambodia will require a far greater commitment to ensuring the separation of powers, transparency of executive action, and neutral and accountable State institutions.  The report explains that landlessness is an increasing problem in Cambodia, and land continues to be a major source of conflict and of human rights violations, since over 80 per cent of the population reside in rural areas and are dependent upon agriculture for their livelihood.

Many problems persist in the delivery of the right to housing, such as forced evictions and the lack of adequate shelter for displaced Cambodians.  The Special Representative expresses concern that Cambodia’s imminent accession to the World Trade Organization (WTO) –- the first least developed country to do so -– may adversely impact the fulfilment of its human rights obligations.  There is a need for informed public debate on that issue.

After many years of negotiations, an agreement between the United Nations and the Government of Cambodia concerning the prosecution under Cambodian law of crimes committed during the period of Democratic Kampuchea was signed in June 2003.  These trials represent an important opportunity for catharsis, healing and coming to terms with the country’s recent history.

There is a note by the Secretary-General on human rights of migrants (document A/58/275) transmitting the report of the Special Rapporteur on human rights of migrants, Gabriela Rodriguez Pizarro, who plans to visit Spain, Morocco, Belgium and Italy in the second half of 2003 and the first half of 2004.  During the period under review, the Special Rapporteur has observed that the strengthening of security policies and the tendency to consider migration as a matter falling under State security plans pose a threat to the human rights of migrants.

The report contains recommendations to promote and protect the human rights of migrants throughout the migration process.  The Special Rapporteur believes that the subject matter of such recommendations merits increased attention at the international and national levels.  International support for the exchange and collection of good practices and successful experiences is also particularly encouraged in order to facilitate the development of tools for the promotion of a human rights-based approach to migration.

The need to strengthen measures to prevent irregular migration, including in countries of origin, is stressed.  In particular, the Special Rapporteur encourages States to ratify the International Convention for the Protection of the Rights of All Migrant Workers and Members of Their Families and the Protocols supplementing the United Nations Convention against Transnational Organized Crime, those on trafficking in persons and smuggling of migrants.

It is recommended that special efforts be undertaken to combat corruption of immigration officials and to eliminate impunity for members of trafficking and smuggling networks.  Countries of origin must also undertake efforts to provide adequate documentation and strengthened consular protection to their nationals abroad in order to prevent violations.

A report of the Secretary-General on the role and achievements of the Office of the High Commissioner for Human Rights in assisting the Government and people of Cambodia in the promotion and protection of human rights (document A/58/268) contains information on the role and achievements of the Cambodia Office of the United Nations High Commissioner for Human Rights (OHCHR/Cambodia) from January to July 2003 in assisting the Government and people of Cambodia in the promotion and protection of human rights.

To assist the Government in meeting its international human rights obligations, OHCHR/Cambodia continued to monitor the general human rights situation, investigate reports of violations of human rights and document patterns of such violations.  The OHCHR/Cambodia reinforced its election programme in connection with the National Assembly elections of 27 July 2003.  Activities included the provision of technical assistance to the Government in drafting electoral laws and regulations.  The Office continued to contribute to the legislative process and efforts to advance judicial reforms; was active in the implementation of education and technical assistance; and continued to participate in a number of United Nations and donor coordinating mechanisms relevant to human rights and the rule of law.

A report of the Secretary-General on the protection of migrants (document A/58/121), welcomes the entry into force of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, which as of 15June 2003 had been ratified by 22 States.  In his recommendations, the Secretary-General urges Member States to ratify the Convention as well as the United Nations Convention against Transnational Organized Crime and the Protocols thereto on trafficking in persons and smuggling of immigrants.  The Secretary-General further welcomes and encourages increased dialogue and cooperation between the United Nations and other bodies and organizations in the field of migration.

A report on the activities of the Office of the United Nations High Commissioner for Human Rights (document A/58/36) covers activities related to the human rights treaties, peace, development, justice, and conflicts and human rights violations.  The report highlights the central role of human rights activities in the achievement of United Nations goals and the future of the Organization.

The report also addresses new challenges posed by terrorism, bioethics and the corporate sector.  It notes that the OHCHR has given particular attention over the past year to coordinating with partners’ activities against terrorism and to the preparation of a digest of jurisprudence on basic principles of human rights applicable in counter-terrorism policies.  It addresses the impact of scientific and technological developments on human rights, highlighting the need for a human rights-based approach to protect the legitimate interests of those seeking to benefit from technological advancements. 

The report also notes the increasing power and influence of the corporate sector as another pressing new challenge to human rights.  While States are the primary duty bearers of human rights and are bound by international legal commitments, it has become increasingly clear that the actions of the private sector, which is not subject to such legal constraints, can significantly affect the enjoyment of human rights.  As the primary duty bearers of human rights, States have a duty to ensure that third parties, such as the private sector, respect those rights.

Statement by Acting High Commissioner

BERTRAND RAMCHARAN, Acting High Commissioner for Human Rights, presented the annual report of the High Commissioner for Human Rights and said that the General Assembly and the Third Committee had played a leading role in the promotion and protection of human rights.  Had it not been for a heinous terrorist act, it would have been Sergio Vieira de Mello sitting in front of the Third Committee today.  The report was premised on the fact that the protection of human rights was essential for humankind, as well as the future of the United Nations.  By human rights, he meant all human rights -– economic, social, cultural and political and civil rights -– as well as the right to development.

Three principles must influence the universal promotion of human rights, he said.  Those were respect within discourse, confidence- and capacity-building, and the protection of victims of human rights.  There was also a major link between the promotion of human rights and the consolidation of peace.  The report proceeded to discuss the role of human rights in efforts for the prevention of conflicts.  A society that was striving for the realization of human rights under democracy and the rule of law had a better chance of preventing internal conflicts that were far too prevalent in today’s society.

The interrelationship between development and human rights was also discussed in the report, he said.  Without development, there could be no universal realization of human rights.  And without universal human rights, development would be unattainable.  One of the key points of intersection between development and human rights was the pursuit of human rights approaches to the eradication of extreme poverty.  The essential idea underlying the adoption of a human rights approach to poverty reduction was that policies and institutions for poverty reduction must be based explicitly on the norms and values set out in international human rights law.  Underpinned by universally recognized moral values and reinforced by legal obligations, international human rights provided a compelling normative framework for the formulation of national and international policies, including poverty reduction strategies.

He also stressed the need for accountability, the fight against impunity in violations of human rights, as well as the need for truth and reconciliation processes, in order to achieve justice in situations where there had been massive and flagrant violations of human rights.  The report thereafter discussed the need for human rights responses to new challenges arising from developments in biotechnology, such as the deciphering of the human genetic code.  It was fundamental that the human rights perspective be ever present in the minds of those seeking to apply those new discoveries, particularly when it came to their application to human beings.

Underlying the whole report was a cooperative approach to working with governments, non-governmental organizations (NGOs) and civil society for the strengthening of national capacity for the promotion and protection of human rights, he concluded.

Interactive Dialogue

The representative of Switzerland asked the High Commissioner for suggestions to draw more benefit from technology in the area of preventive action in strengthening efforts to distribute information as broadly as possible.  He also asked the Acting High Commissioner to address efforts to promote human rights within the private sector.

The representative of Liechtenstein requested an assessment of how the relationship between human rights and democracy was recognized within the United Nations system, and whether it had taken hold in a satisfactory way.  Regarding the resolution on counter-terrorism and human rights adopted during the last year, he asked the Acting High Commissioner to discuss his vision for the future.  He also wanted to know how the Office of the High Commissioner regarded its role in relation to the International Criminal Court, which was not a human rights court but had a direct bearing on human rights issues.

The representative of Italy, speaking on behalf of the European Union, asked the High Commissioner for an update on his Office’s efforts to meet the Secretary-General’s recommendations on strengthening of the United Nations, including the development of a plan in cooperation with the United Nations Development Programme (UNDP) and the Executive Committee for Humanitarian Affairs.  Could he also discuss the changes made to structure of the Office and clarify the tasks of the new branches?

Responding, the Acting High Commissioner said his Office was indeed using information technology to promote preventive action and making efforts to strengthen the Office’s capacity to use information technology.  Those efforts had been funded by voluntary contributions, and his Office would continue to seek contributions to strengthen information technology capacity.  His Office also aimed to increase corporate awareness of the norms of agreements regarding human rights and to increase the respect of human rights in the way corporations conducted business.  He hoped corporations could play a promotional role in the area of human rights.

Regarding the interrelationship between democracy, the rule of law and respect for human rights, he said there was increasingly a connection among those three topics in the work of the OHCHR.  There was indeed a growing awareness of the interrelation between democracy, the rule of law and respect for human rights, though this was harder to attain in environments of extreme poverty.

On budgetary issues, his Office was receiving $22 million a year from the regular budget and was spending twice as much.  Therefore, it was always in search of more money, both from the budget and from extrabudgetary sources.  He appealed to delegates to win approval for increased funding for his Office from the regular budget.

He said the Office had just published a digest on basic human rights principles concerning the struggle against terrorism, highlighting the importance of striking a balance between security and freedom.  His vision of the future was one of pragmatic action in support of the balance between security and freedom and in support of human rights organs.  Regarding the International Criminal Court, the relationship between his Office and the prosecutor was a fruitful one, and the same principle of practical cooperation would influence its relations with the Court.

In response to the European Union’s concerns, he said his Office had worked closely with partners of the United Nations and had adopted an action plan on peace and security that proposed to go forward on projects for implementation of national capacity-building.  United Nations country teams were crucial entry points and vehicles for implementation of capacity-building strategies.

The new branch of his Office that dealt with special procedures was functioning well and was working to further professionalize support on special procedures.  The external relations branch was also functioning well, and had a communications component, a fundraising component, and a component dealing with cooperation with NGOs and civil society.  It was operating largely from voluntary contributions, he said, reiterating the Office’s appeals for an increase in regular budget and extrabudgetary support.

The representative of Pakistan said that, in cases on conflict and potential conflict situations, human rights mechanisms were not always available.  Such situations must be monitored in order to prevent them from growing into real conflicts.  In some of those situations, there was a peacekeeping presence.  Could those peacekeepers be mandated to monitor the human rights situation?

Expressing his satisfaction with the report of the High Commissioner, the representative of Tunisia asked about the limited progress within human rights mechanisms towards the right to development.

Responding, Mr. Ramcharan said he had spent nearly four years in the Yugoslav peace negotiations.  In the last 10 years, there had been a distinct shift in the culture of the United Nations that had to do with representatives increasingly informing the Secretary-General of situations with which they were familiar.  The Office of the High Commissioner drew, as appropriate, from such information.  There was a Memorandum of Understanding between the Office and the Department of Peacekeeping Operations, and cooperation was increasing.

Regarding the question put forward by the representative of Tunisia, he said that from the time of the elaboration of the Declaration of the Right to Development, the United Nations membership had been exploring the implementation of the right to development at the national, regional and international levels.  One strand of thought was that human rights were needed in order to ensure development, and another strand was that the international economic and social order negatively impacted the development and thus the promotion of human rights in developing countries.  Different strands of thought must be incorporated in order to ensure that the right of development was attained by all, he said.

The representative of Japan asked the High Commissioner to address the importance of the relationship between human rights and poverty reduction, and the erroneous use of resources.  What role could be played by the OHCHR to promote good governance?  What were his views on the reform of treaty bodies?  She noted that States, including Japan, were overburdened by reporting requirements.

The representative of Cuba wanted to know what support the OHCHR was giving to the follow-up of the Durban conference (on racial discrimination) and implementation of results from the conference, which he said was an event of great importance in the field of human rights.

The representative of Algeria, referring to paragraph 70 of the report regarding terrorism, said the text lacked the perspective of law.  His delegation agreed that terrorism was one of the scourges of the modern world, and was the cause of extensive loss of life and limb.  But could the paragraph not also address the impact of terrorism on human rights and fundamental freedoms?

Mr. Ramcharan, responding, said the OHCHR had been organizing conferences and seminars to promote good governance and the concept promoted by the Secretary-General for a national protection system conforming to international human rights norms.  In his view, this concept was at the heart of the issue of promoting good governance.  If countries could meet the recommendations for such a national protection system, it was on a good road to promoting good governance.

He said the dialogue on treaty body reform was providing constructive results.  His Office agreed it was important to find ways to get increased cooperation among treaty bodies so that States would not have to repeat information submitted to different ones.  He said treaty body reform could be discussed, but, fundamentally, it was up to States Parties to advance the reform process.

Turning to the Durban Declaration and Programme of Action, he said there could be no doubt that combating racism, racial discrimination, xenophobia and related intolerance must be among the highest priorities in the United Nations quest for human rights protection.  He reiterated that the follow up to Durban was of the highest priority in his Office.  He hoped that personnel issues would be resolved by the beginning of next year.

Algeria’s concerns about the impact of terrorism on human rights would be considered in the writing of future reports, he said, explaining that the current text reflected an attempt to strike a middle ground in a debate as to whether terrorists violated human rights or whether terrorists committed crimes.

Statement by Chairperson of Commission on Human Rights

NAJAT AL-HAJJAJI, Chairperson of the fifty-ninth session of the Commission on Human Rights (Libya), presented a brief overview of that session of the Commission, underlining both its achievements and the challenges that lay ahead.  The Commission had operated under severe time constraints, and there had been an inevitable effort on both the quality of the debate and the speaking time given to members and observers alike.

The work of the Commission had taken place against the background of the conflict in Iraq, which had coincided almost exactly with the opening of the session, she said.  A proposal by a number of members to hold a special sitting on events in Iraq had not been endorsed by the Commission.  In this connection, one could not fail to recall that the fifty-ninth session of the Commission had been the first with Sergio Vieira de Mello as High Commissioner for Human Rights.  His death in Iraq, four months later, had been a terrible blow for the Commission, for human rights and for her personally.

One feature of this year’s session had been the introduction of a number of innovations in the working methods of the Commission, she said.  Among these was the holding of a High-Level Segment for dignitaries and the introduction of interactive dialogues with the special procedures.  She noted that the documentation before the Commission at the session had been more focused than in previous years.  A strict application of the relevant rules by the Secretariat had resulted in a lower number of pages of documentation, even though the total number of documents was higher than in previous years.

Among the results of the Commission’s work was that a new working group would meet in early 2004 to consider a possible optional protocol to the International Covenant on Economic, Social and Cultural Rights, she said.  This year, the Commission had also considered three new country situations in specific resolutions.  No new mandates had been established; however, the mandate on human rights in the Sudan had been terminated.  During the current year, the Commission had endorsed the decision of the Subcommission to convene annually a Social Forum, and to commence new studies, including on human rights and small arms and discrimination in the criminal justice system.

Despite its achievements, the Commission still faced a number of significant challenges, she said.  As a body, it had suffered a considerable amount of criticism from certain sectors of the media, civil society and Member States themselves.  A round of consultations was under way, with a view to consolidate reforms already undertaken.  Those reforms would address the level of politicization in the Commission, the length and periodicity of its resolutions, the Commission’s agenda, the role of NGO partners, the role of special procedures, the use of limited resources, and the question of country-specific work.

Statements by Delegation

WALID MAALOUF (United States) said democratic States that protected human rights were those best able to secure peace, promote economic development, combat international terrorism and crime, avoid humanitarian crises, and improve the global environment.  Closed political systems, poverty, weak institutions and corruption could make weak States vulnerable to terrorist networks, political instability, and organized crime.

The United States was committed to supporting democracy around the globe and assisting newly formed democracies in implementing democratic principles, he said.  Human rights training and support had strengthened the civil society in Chile, Peru and Argentina.  Great strides had also been made this year in the Middle East, notably in Bahrain, Qatar, Jordan and Morocco.  However, the United States remained concerned about Syria’s human rights record and human rights abuses.

He also expressed concern about the failure of Belarus’ authorities to implement democratic reform, as well as the egregious acts of political repression carried out by the Cuban dictatorship, when arresting more than 100 political activists.

He said the Democratic People’s Republic of North Korea was one of the most repressive regimes in the world and that reports from there painted a shocking, often horrifying, picture of brutality, oppression, injustice and deprivation.

In addition, the military junta in Burma continued to ignore the desire of the Burmese people and the international community for a return to democracy, he said.  Aung San Suu Kyi and all those imprisoned for the peaceful expression of their political beliefs must be released immediately and unconditionally.  In Iran, the overall deterioration of the human rights situation this year was also of grave concern.

Concerning the rule of law, he said it was a tradition necessary to build stable, secure political and economic environments that benefited all countries and protected citizens from unjust and capricious actions by governments.  In this connection, he welcomed developments in the Balkans and Kenya.  Conversely, concern was expressed about the situation in Turkmenistan and the Democratic Republic of the Congo, as well as the situation in Zimbabwe, which was growing more desperate with each passing day.

On religious freedom, the Untied States believed that allowing persons to practice their faith peacefully and free from government of societal repression helped to promote stability, cultivate democracy and support sustainable development.  In this connection, the United States remained concerned at the Government of Iran’s continued discrimination and harassment of religious minorities.  Mention was also made of the practices of the Government of the Sudan that had crippled the development of the country’s human and material resources.  The leaders of the north and south of the Sudan now faced a historic moment.  He called upon those leaders to demonstrate their courage to genuinely embrace principles of democracy, human rights, and religious freedom.

FILIPE CHIDUMO (Mozambique) said that both the civil and political rights and the economic, cultural and social rights, including the right to development, were two faces of the same coin.  His country was reforming its government machinery and institutions dealing with human rights, including the police and public administration, as well as the education system.  In partnership with donor countries and international human rights organizations, his Government was reviewing national legislation to ensure it was consistent with international human rights treaties.  A Plan of Action for the Eradication of Absolute Poverty had been adopted in order to maintain an annual average economic growth rate of 8 per cent and reduce poverty below 50 per cent by the end of the decade.

Despite all those efforts, he said, full enjoyment of human rights in his country was yet to be ensured.  The main concern was law enforcement, which required strengthening of institutions.  One of the most important projects was related to reform of the judiciary.  Access to justice by citizens and increased effectiveness of the courts, including the fight against corruption, were some of the reform’s strategic objectives.  A lack of adequate resources, however, continued to impede the protection and promotion of human rights in many developing countries, including his own.  He expressed hope that the United Nations and the international community would continue to render his country the necessary support.

MOSTAFA ALAEI (Iran) said that, in a globalized world, a key factor in the promotion and protection of human rights was the emergence of global governance institutions, mechanisms and decision-making processes.  Another key factor was the increasing importance of transnational corporations for the realization of such rights.  In addition, in the ever-changing global environment, the dynamics of human rights were constantly evolving.

Therefore, he said, the principle of international equity was important, beginning with objectivity and symmetrical accountability for both national governments and global structures for successes and failures in the protection of human rights.  He quoted the Special Rapporteur on the right to food, who asserted that human rights must be developed to circumscribe abuses of power by corporations.  It was particularly important, he said, that the United Nations and other post-war institutions adapt to the new global reality, which was very different from the international world in which they had been created.

KOICHI HARAGUCHI (Japan) said it was the primary responsibility of every State to promote and protect human rights and fundamental freedoms.  In addition, the international community must intensify its efforts to resolve outstanding issues.  One of those issues was the abduction of Japanese nationals by North Korean agents; and he said North Korea should take concrete measures to reunite abductees and their families in Japan at the earliest possible date and provide concrete information on the cases, as well as cooperate with the United Nations working groups and offices involved.  He called on all States concerned to cooperate by providing information and conducting thorough investigations where appropriate.

In trying to address human rights cases effectively, he said, the specific situation of every country in question must be considered.  Understanding of that specific situation must be promoted and a cooperative approach utilized, to enhance human rights protection in a practical manner.  However, firm disapproval of serious human rights violations must be expressed whenever necessary. 

Based on such a threefold approach, Japan had conducted dialogues on human rights with several countries to promote mutual understanding, seek practical solutions and recognize progress.  In that context, he mentioned the situations in Cambodia and the Sudan, where he saw positive changes.  Regarding Myanmar, he expressed concern about the present situation, saying it was important that the freedom of parties to engage in political activities be promptly restored, and for concrete steps to be taken in national reconciliation and democratization.

VALERY KUCHINSKY (Ukraine) asked about saving and promoting the most fundamental and inalienable right of every person, namely the right to life.  He said that to combat new threats like terrorism, there was a need to respond not only by legislative and security measures, but with “the armory of common values, standards and commitments on universal rights”.  A comprehensive strategy to establish global security must be grounded in promoting respect for human rights through upholding the rule of law, fostering social justice and enhancing democracy.

Raising public awareness of human rights was among the most important tasks faced today, he said.  Nations had the right to know the truth about past events, and the full exercise of that right was essential to avoid any recurrence of violations in the future.  In that regard, he continued, his country, together with others, had issued a joint statement on the Great Famine of 1932-1933 in his country, the “Holodomor”, which had claimed the lives of 7 to 10 million people and had been engineered by the totalitarian Soviet regime of Joseph Stalin.  That famine had been accompanied by purges of the Ukrainian intelligentsia, religious leaders and politicians.

He announced that his delegation, together with a number of non-governmental organizations, would organize scores of events in observance of the seventieth anniversary of the Great Famine.  The joint statement would be circulated as an Assembly document.

FELIPE PAOLILLO (Uruguay), speaking on behalf of the Southern Common Market (MERCOSUR), Bolivia and Chile, reiterated their condemnation of all human rights violations and all forms of terrorism.  He emphasized that it was possible to combat terrorism without compromising the protection of human rights and fundamental freedoms. 

He said that, in order to ensure results in the promotion of human rights, it was necessary for States to foster closer ties of cooperation.  He noted the incompatibility of democracy and racism, as well as the imposition of protectionist trade policies in agriculture, which were an additional factor affecting human rights and had a negative impact on social, economic and cultural rights and on the right to development. 

He reaffirmed the importance of reinforcing national and regional cooperation and the commitment of MERCOSUR and associated countries to efforts towards realizing the enjoyment of human rights and fundamental efforts for all.

FAWZI SHOBOKSHI (Saudi Arabia) said human rights were as ancient as mankind, and since Allah granted these rights, they were permanent, and not subject to abridgement or cancellation.  The leaders of Saudi Arabia had the unique privilege and honour to be the custodian of the two Holy Mosques and the guardian of the Islamic Holy Sites.  The present Saudi Arabia, as its past, was founded on Islam and its teachings, which advocated justice, freedom, and the dignity of mankind.  Human rights in the Kingdom of Saudi Arabia were those recognized in Islam.  They might not extend what the Almighty had prohibited, or transgress what the Almighty had ordered.

His country had ratified four of the six international conventions relating to human rights, and was currently considering the ratification of other conventions on human rights.

Saudi Arabia had also provided financial assistance to United Nations funds dealing with human rights, he said.  In addition, education efforts made a point of bringing human rights to the attention of the body of students at all levels of education.  Today’s world was going through great challenges that stood against the authentic concepts of human rights.

It was a world where double standards were not restricted to political issues alone -– they extended to ideas and philosophical positions.  Some media repeatedly pretended that Islam and Muslims had become the source of terrorism and violence.  The phenomenon of globalization had also affected the manner, in which States dealt with human rights.  He stressed that the sovereignty of individual States had been negatively impacted by the concept of open borders.  The practices of Israel regarding the occupied Palestinian Territories were a perfect example of double standards in human rights, he said.

SILVIA ESPINDOLA (Ecuador) said international migration was the result of inequalities in the development of States and disparities in income between developed and developing countries.  The differences in per capita income encouraged migration toward higher income countries.  There was a great social impact on countries of origin as hundreds of families broke apart.  Many migrants became victims of human trafficking and abuse by authorities.  Ensuring the protection of migrants called for shared responsibility among all parties. 

She said the promotion of respect and protection of the human rights of migrants remained a priority for her Government.  Ecuador had adopted a range of measures to protect the rights of migrants and their families.  It had given special attention to children and adolescents whose parents had migrated.  Measures had also been adopted to prevent human rights violations of migrants while they were in transit. 

The transnational nature of the problem of migration required the cooperation of both the countries of origin and the receiving countries.  Ecuador called upon the international community to sign and ratify the International Convention on the Rights of Migrant Workers and their Families. 

GILBERT LAURIN (Canada) said that, in Iran, little progress had been made, especially in terms of freedom of expression, arbitrary detention and torture, and that the State Peace and Development Council continued to deny to the people of Burma the exercise of their human rights and fundamental freedoms.  He also expressed concern about the human rights situation in the Democratic People’s Republic of Korea, as well as the sharp deterioration in the situation in the Middle East.  Canada was profoundly disturbed by the continuing terrorist campaign against Israeli civilians, as well as by the worsening of the already difficult humanitarian situation in several Palestinian cities, as a result of the occupation. 

Concern was also raised about the human rights situations in Turkmenistan, Haiti, Liberia, Zimbabwe, Sudan, and the Democratic Republic of the Congo.  He was encouraged by the efforts of President Karzai and the Afghan Transitional Administration to extend good governance and the rule of law throughout Afghanistan.  In addition, Iraq was coming out of a dark era in human rights performance.  Until political authority had been transferred to the Iraqis, it was incumbent upon the occupying powers to fulfil their responsibility, under international humanitarian law, and their obligations to safeguard human rights.

Other matters of concern were the continuing high incidence of executions and corporal punishment carried out in Saudi Arabia, as well as the Cuban Government’s recent harsh sentencing of 75 Cuban political dissidents.  Canada was deeply disturbed that the physical integrity of the person remained under severe attack, with the deplorable use of torture, arbitrary arrest and detention, and extrajudicial killings in places such as Nigeria. 

Canada expressed concern about the rule of law and due process in China, he said.  In addition, he expressed concern about the situation of ethnic minorities in the western Balkans.  He stressed that to show their commitment to the protection of human rights, States must prosecute human rights abusers.  Canada therefore remained concerned by the ongoing human rights violations in Pakistan, and by the culture of impunity surrounding the practice of “honour killings”. 

Human Rights in Cambodia

The Committee began its afternoon session by considering the human rights situation in Cambodia.

PETER LEUPRECHT, Special Representative of the Secretary-General for human rights in Cambodia, said the people of Cambodia deserved a better future after having suffered terribly in the last thirty years.  Cambodia was plagued by four basic evils:  poverty, violence, corruption and lawlessness.  Cambodians needed a truly democratic regime based on the rule of law and respect for human rights, equal access to justice, health care and education and a trustworthy public service.  The Khmer Rouge trial was overdue, and he hoped the agreement signed with the United Nations last June would be speedily ratified and implemented.

He stressed that the United Nations had a special responsibility regarding Cambodia.  After its scandalous silence when the Cambodian tragedy was unfolding, the United Nations had produced an endless litany of assurances and commitments towards Cambodia.  He noted with regret that the draft resolution made no mention of the General Assembly’s intention to continue consideration of the situation of human rights in Cambodia.  This was the result of a “deal” which was not based on the realities of the human rights situation in Cambodia, but on considerations of political expediency.  It was a deliberate misrepresentation to describe the United Nations’ involvement concerning the human rights situation in any country as a kind of harassment.  Such involvement was the expression of solidarity of the international community in the defence and promotion of human rights.

Efforts to reduce United Nations involvement and assistance in the area of human rights did not have the support of the whole spectrum of authorities and political forces in the country.  The United Nations would be making a serious mistake to reduce its involvement regarding the human rights situation in Cambodia, as that country’s people needed the solidarity of the international community in their struggle for democracy, rule of law and human rights.

OUCH BORITH (Cambodia), responding to the Special Representative, said that Cambodia was currently on the path of development as a modern democratic society, overcoming, in the process, a legacy of more than two decades of warfare, violence and destruction throughout the country.  Cambodia’s process toward the creation of a modern democratic society had been clearly defined by the conduct of three elections -- in 1993, 1998 and in July of this year.  Regarding the elections, the report could have paid further attention to the general praise lavished by both international and domestic observers.

The report could also have mentioned the fact that the officials at the polls and at the counting booths had been very conscientious and meticulous in performing their tasks.  Many of these officials were not members of the Government, having been recruited from the general public, as well as from opposition parties.  The report further failed to mention the use of racial discrimination incitement committed by the opposition parties for their political gains in the electoral campaigns.

In addition, the report failed to mention the gross interference in the domestic affairs of Cambodia through promises of giving another $21.5 million if Hun Sen was not elected Prime Minister –- a promise publicized by opposition parties.  Such incitement should have been mentioned in the report, he said.

Concerning legal and judicial reform, he said the Government had established the Council for Legal and Judicial Reform, which aimed to accelerate the strategic and concrete action plans for moving forward.  On the topic of land and forest concessions, the Government had formulated the Land Law that had greatly reduced the number of land disputes.  The land concessions provided to different forest companies, rubber plantations and other agricultural developments did not affect the people’s interests or their living conditions.  The Government was monitoring the implementations of contracts by the land and forest concessions companies.

Regarding mob killings and the prison situation, he said the Government had organized seminars and vocational training given to the law enforcement officials and the military.  Mob killings no longer occurred in Cambodia, and the information raised by the Special Representative was just extracted information, based on unidentified sources, stated without definite identification of the locations of such events.  In addition, the report did not portray the reality of what had been taking place within prisons.  The Government had both renovated prisons and improved their conditions in all provinces and cities.

Concerning political asylum and the situation of the Vietnamese Montagnards, he said that there was a difference between refugees resulting from wars, economically displaced persons whose purposes were to seek new resettlements, and illegal immigrants.

In short, the report mentioned only a number of events to portray a negative image of the situation of human rights in Cambodia, while ignoring the great efforts accomplished by the Government in terms of socio-economic development.  He concluded that the Special Representative’s inadequate coverage of the problem showed his bias against the Government and people of Cambodia.  The way the Special Representative made it sound, it seemed that he blamed Cambodia for not putting the Khmer Rouge on trial.  Nothing could be farther from the truth.  It was only when the Khmer Rouge had been eliminated politically and militarily in 1996 by the current Government that the process of the Khmer Rouge trials had started.

Interactive Dialogue

The representative of Italy, speaking on behalf of the European Union, said her delegation was concerned about impunity for human rights violations addressed in his report.  What were the main obstacles to reform the judicial system?  The report mentioned that a majority of Cambodians were unable to pay for their legal representation.  Could a legal aid scheme be introduced in the medium term to address this issue?  She also wanted to know if the Special Rapporteur had contact with treaty bodies.  Regarding the 6 June 2003 agreement with Cambodia concerning the prosecution of the Khmer Rouge, did the Special Rapporteur think subsequent steps could be taken in the short run?

Responding, Mr. LEUPRECHT said access to justice in Cambodia was unfortunately not the same for the rich and for the poor -- a serious problem, since the poor made up the majority of the population.  Another hurdle to overcome was the lack of financial resources and the shortage of practising lawyers, he said, noting that there were fewer than 200 practising lawyers in the country.  Those hurdles could be overcome if the Government and donors saw legal aid as a priority.  Cambodia was still in early stages of discussion in the development of a legal aid scheme, so implementation of such a scheme was still several years away.  Serious thought had to be given to an appropriate model of legal aid for Cambodia.

He added that he was regularly in touch with treaty bodies, but there was a lack of demonstrable commitment on the part of the Cambodian Government in preparing periodic reports to the treaty bodies, and an absence of follow-through in implementing their recommendations.

He said the 1979 Khmer Rouge trial was not a model, but was an example of a totalitarian-style show trial, as a result of which, Pol Pot got the death sentence in absentia.  He had consistently pressed for a Khmer Rouge trial in accordance with basic international human rights standards.  That trial should be accompanied by a major effort towards public education.

The representative of Cambodia, responding to the Special Rapporteur’s characterization of the Khmer Rouge trial as a show trial, said the trial was not a show trial at all, but provided proof of the Government’s determination to bring the Khmer Rouge to justice.

Rights of Migrants

GABRIELA RODRIGUEZ PIZARRO, Special Rapporteur on the Human Rights of Migrants, said that during the year, she had been able to participate in international conferences and seminars with governments and civil society on the human rights of migrants.  Unfortunately, reports of the violations of their rights were still being received.  The international community and States could no longer ignore the situation of human rights of migrants.  She noted with concern that problems remained between countries of origin and host countries, including that of irregular migration.  In addition, she had observed a sharpening of migratory flows, most of them irregular, leading to increasing human rights violations.  Actions for migratory control were not working effectively, due to poverty, corruption, and the exploitation of migrants. 

Migratory policies often ignored the needs of migrants, such as medical, psychological and legal needs, she said.  Women migrants were often the main victims, suffering human rights violations and sexual exploitation.  Their social, physical and economic conditions were often deplorable.  States also needed to address public health issues, including the improved provision of such services to migrants.  Furthermore, States needed to pay further attention to migrants that were detained.  They suffered from particular circumstances that were often ignored, such as being minors, unaccompanied or being victims of transnational organized crime.  Governments, civil society and migrants themselves must cooperate in order to ensure that migrants were effectively integrated into society.  In this connection, she stressed the need for States to protect undocumented and unaccompanied migrant children. 

She encouraged States to ratify the International Convention for the Protection of the Rights of All Migrant Workers and Members of their Families and the Protocols supplementing the United Nations Convention against Transnational Organized Crime on trafficking in persons and smuggling of migrants. 

Interactive Dialogue

The representative of Italy, speaking on behalf of the European Union, said illegal migrants often used the asylum procedure as a means to stay, thereby abusing the institution of asylum.  The European Union was looking for appropriate ways to address the problem.  Was there a difference between permanent and temporary migrants?  Were educational programmes an effective tool to stop trafficking and smuggling?  She asked the Special Rapporteur also to address the adoption of a policy for the orderly return of illegal migrants to their country of origin.

The representative of Canada said the Special Rapporteur’s recent visit to Canada had resulted in changes to detention provisions and to improvements to Canada’s provision of migrants’ rights.  She urged other countries to sign and ratify the Convention against Transnational Organized Crime.  What were her views on engagement of States regarding international cooperation to combat crimes that commodified human beings?  Was she satisfied that States were doing enough to combat those crimes?

The representative of Mexico noted that the Special Rapporteur’s report mentioned that the detention of migrants was of concern -- particularly the illegal imprisonment for misdemeanors.  Modifications had been introduced in the migratory laws in a number of countries.  To what degree were those laws respecting human rights?  The migratory status of a person should not be used to violate the rights of workers.  She requested the Special Rapporteur’s assessment of whether migratory status would be taken into account in assessing standards of protection for migrant workers.

The representative of Burkina Faso said his country, which had experience with many migrant workers abroad, was greatly concerned about their rights.  Did the Special Rapporteur consider that the regular or irregular nature of migration should affect the rights of migrant individuals?  Historically, there were many cases wherein migrant workers had fallen victim in cases of conflict and had suffered serious violations of their human rights.  He reiterated that Burkina Faso was open to visits by the Special Rapporteur, and he extended an invitation to the Special Rapporteur to visit his country and to see firsthand cases involving the rights of migrant workers.

Responding, Ms. PIZARRO said there was an interrelationship between asylum and migration.  She was increasingly seeing irregular migratory situations -- migrants who, for lack of knowledge, did not request asylum, as well as the ignorance of authorities dealing with requests for asylum.  That made the situation rather complex.  Officials must be familiar with the appropriate procedures depending on the situation of the country of origin.  Migrants must not be considered to be “a priori” lying.  Such attitudes were becoming more and more common, and the media were not helping in this regard.  She stressed the need to respect the dignity of irregular migrants.  Regarding irregular migrants, their treatment was mostly that of detention and expulsion.  They had the right to legal expertise and due process. 

On trafficking of human beings, she said she had used the definition of illegal immigrants as defined in the Optional Protocol of the Convention against Organized Transnational Crime, as well as the language of other human rights instruments.  The situation was such that many victims did not dare complain about their abuse.  As a Special Rapporteur on that subject, she did not believe that enough had been done through national legislations to prevent the abuse of migrants and protect their rights.  The international community was currently witnessing the opposite trends of what it wished to see concerning the human rights of migrants, including disorder and a lack of control. 

She welcomed the statement made by the representative of Canada and stressed that any return to a country of origin must be undertaken with dignity.  She shared the concern that had been expressed by the representative of Mexico.  Regarding comments made by the representative of Burkina Faso, she said that the Government must establish a deep-seated dialogue with transit and host countries. 

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