COMMISSION ON HUMAN RIGHTS COMPLETES DISCUSSION OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS

COMMISSION ON HUMAN RIGHTS COMPLETES DISCUSSION OF ECONOMIC,

SOCIAL AND CULTURAL RIGHTS

Begins Review of Civil and Political Rights

(Reissued as received.)

      GENEVA, 7 April (UN Information Service) -- The Commission on Human Rights concluded at an extended meeting this afternoon its annual consideration of economic, social and cultural rights, hearing from a long series of
non-governmental organizations contending, among other things, that international financial institutions were not acting in the best interests of the poor nations and people.

      A Representative of the International Confederation of Free Trade Unions said the external debt of many poor countries and the arrangements made for servicing it had strangled the growth and sustainable development prospects of developing countries.  The international financial institutions and the
World Trade Organization were failing to fulfil their original undertakings and were responsible for the establishment of an unjust economic model, which was undermining democracy and not contributing to sustainable development or a fair process of globalization, the Representative contended.

The non-governmental organization Indian Movement "Tupaj Amaru" charged that the "neo-liberal" development policy of the World Bank was responsible for serious violations of the economic, social and cultural rights of developing countries, and that the financial policy of the International Monetary Fund (IMF) and its structural adjustment measures had failed at easing the extreme poverty of the majority of developing countries.

      The International Federation of Rural Adult Catholic Movements said that during the first World Food Summit, the United Nations Food and Agriculture Organization had adopted the liberal theses of the World Trade Organization according to which market liberalization was the only means for rapidly solving the problem of famine -- but five years on, it was evident that these liberal solutions had not led to a significant reduction in the misery that still affected 800 million malnourished people.  The organization also charged that at the second World Food Summit, in June 2002, only two Heads of State and Government of the
29 members of the Organization of Economic Cooperation and Development had been present, whereas 60 developing countries had sent high-level delegates.  This, the NGO contended, was an indication of the political priority accorded by rich countries to famine.

      Other matters criticized by NGOs included trade barriers to
developing-country agricultural products, privatization of water and electricity supplies, the war in Iraq, and failure of countries to provide free and compulsory education to all children.

Towards the end of the meeting, the Commission began debate on civil and political rights.

Louis Joinet, Chairman-Rapporteur of the working group on arbitrary detention, presented the group's annual report, saying among other things that countries must help by responding to communications from the working group and by responding in a timely fashion to opinions issued by the group.  Australia and Mexico took the floor as concerned parties.

And Abdelfattah Amor, Special Rapporteur on freedom of religion and belief, said the past year had seen a general increase in religious intolerance and discrimination -- religious minorities, particularly Muslim minorities in the United States and Europe, were particularly affected, and as a result religious extremism was finding fertile ground for development.  Algeria made a statement as a concerned country.

Among NGOs addressing the afternoon meeting were:  New Humanity (joint statement with International Young Catholic Students and International Organization for the Development of Freedom of Education), Women's International League for Peace and Freedom (joint statement with International Alliance of Women and Socialist International Women), Indian Movement "Tupaj Amaru" (joint statement with Union of Arab Jurists and General Arab Women Federation), Movimiento Cubano por la Paz y la Soberania de los Pueblos (joint statement with the National Union of Jurists of Cuba and Organization for the Solidarity of the Peoples of Asia, Africa and Latin America), International Federation of Human Rights Leagues, World Organization Against Torture, International Federation of Rural Adult Catholic Movements, World Federation of Trade Unions, International Institute for Non-Aligned Studies, Afro-Asian Peoples’ Solidarity Organization, Federación de Asociaciones de Defensa y Promoción de Derechos Humanos, Indian Council of Education, Colombian Commission of Jurists, Transnational Radical Party, Europe-Third World Centre, International Educational Development, Inc., International Confederation of Free Trade Unions, American Association of Jurists, International League for the Rights and Liberation of peoples, Liberation, Asian Legal Resource Centre, Liberal International, Comité international pour le respect et l'application de la charte africaine des droits de l'homme et des peuples, Interfaith International, Organization for Defending Victims of Violence, International Women's Rights Action Watch, Anti-Slavery International, International Indian Treaty Council, Centro de Estudios sobre la Juventud, Himalayan Research And Cultural Foundation, World Federation for Mental Health, All Pakistan Women's Association, Andean Commission of Jurists, Christian Democratic International, Third World Movement against the Exploitation of Women, Association Tunisienne pour l'Auto-Développement et la Solidarité(ATLAS), Netherlands Organization for International Development Cooperation, Foodfirst Information and Action Network, Voluntary Action Network India, International Human Rights Association of American Minorities, Pax Romana, International Islamic Federation of Student Organizations, International Fellowship of Reconciliation, Fraternité Notre Dame, Inc.

India, Turkey, Egypt, Cyprus, and Pakistan spoke in exercise of the right of reply.

The Commission will reconvene at 10 a.m. Tuesday, 8 April, to continue its consideration of civil and political rights.

General Debate on Economic, Social and Cultural Rights

ANDRE KALENDE, of the New Humanity speaking on behalf of International Young Catholic Students and International Organization for the Development of Freedom of Education, said the right to education remained increasingly elusive for millions of people around the world.  Schooling fees were not only a major obstacle to realizing the right to education in several developing countries but also contradicted commitments undertaken by States to guarantee free primary education.  This constituted a violation of States’ obligations under international human rights law and weighed on parents who were already poor.

Education was the main tool that could enable economically and socially marginalized people to break free of poverty and acquire the means to fully participate in the life of their nations.  The right to education did not concern only children.  Approximately 900 million adults were illiterate.

KARIN STASIUS, of the Women's International League for Peace and Freedom speaking on behalf of International Alliance of Women and Socialist International Women, said women and girls were widely confronted with the negative impacts of the increasing privatization of access to water and food, as well as privatization of education.  The Special Rapporteur on adequate housing had given a welcome example how monitoring of the Millennium Development Goals on the question of water and gender mainstreaming could be done in a convincing manner.

The organizations recommended that his mandate be extended, as well as the mandate of the Special Rapporteurs on the right to food and on extreme poverty.  Furthermore, there was a need for an ongoing study on women and adequate housing.  Throughout the world, women were denied inheritance of land or housing, leaving them and often their families in desperation.  Rape was used to enforce evictions and in some countries homeless women were not regarded as citizens any more, but as easy victims for different forms of violence.  Governments were urged to help the Special Rapporteur on adequate housing to find constructive solutions to such situations.

LAZARO PARY ANAGUA, of the Indian Movement "Tupaj Amaru" speaking on behalf of Union of Arab Jurists and General Arab Women Federation, said the Anglo-UK illegal had featured the use of fragmenting bombs to destroy water and electric sources and public market areas which had been the sources of Iraqi people's minimum food for survival.  The Governments of Great Britain and Washington, along with France, Russia and Germany, which opposed the war against Iraq, were now attempting to divide the profits.

The neo-liberal development policy of the World Bank was responsible for serious violations of the economic, social and cultural rights of developing countries.  The financial policy of the International Monetary Fund and its structural adjustment measures had been a failure.  These policies had not eased the extreme poverty of the majority of developing countries.  The poverty situation had prompted the resurgence of racism and terrorism in the globalized world.

LOURDES CERVANTES VASQUEZ, of the Movimiento Cubano por la Paz y la Soberania de los Pueblos speaking on behalf of the National Union of Jurists of Cuba and Organization for the Solidarity of the Peoples of Asia, Africa and Latin America, said the national security strategy of the United States undermined the principles of international cooperation that had been established over the past
50 years.  Of what economic, social and cultural rights, cooperation programmes in the area of development and action to fight the alarming increase in poverty could the United States speak when the strategy of national security of the
United States was intended to ensure the implementation of its project of hegemony?

Some of the most significant elements of this empire’s policy in the economic and social areas were: promotion of free trade and investment, the removal of State subsidies (only those which did not affect American products), increased market access and institutionalization of protectionist clauses in the area of the environment and employment.  This neo-liberal project of globalization, which was supported by the World Bank and the IMF, exploited Latin American and Caribbean countries.

ANTOINE MADELIN, of the International Federation of Human Rights Leagues, urged adoption of the draft additional protocol to the International Covenant of Economic, Social and Cultural Rights.  This would make it possible for individuals to have an international appeals procedure and broaden the international and national recognition of human rights.  Such an initiative would also provide a follow-up to European and Inter-American regional work on economic, social and cultural rights.

In this connection, it was stressed that there was a need for those living in abject poverty to contribute to policies concerning to them, enabling them to become genuine development partners.  Attention was drawn to the situation in Niger, where there had been several incidents of contaminated water being given to the population.  It was essential that the Government of Niger ensure that those responsible for this tragic situation be held responsible since such situations must not remain unpunished. 

CATHERINE FERRY, of World Organization against Torture (OMCT), said that despite the firm stand taken by the international community on the indivisibility and interdependence of all human rights, in reality civil and political right continued to be treated separately from economic, social and cultural rights.  Such separation was notably reflected by the absence of an individual complaint mechanism at the international level regarding economic, social and cultural rights.  The fact that civil and political rights were inextricably linked to economic, social and cultural rights rendered such separation senseless for the victims of human rights violations.

Evidence collected by OMCT showed that violations of economic, social and cultural rights were often accompanied by or led to violations of civil and political rights, including torture, summary executions, enforced disappearances and other forms of cruel, inhuman or degrading treatment.  That was notably the case with regard to the right to adequate housing and the related issues of house demolitions and forced evictions.

PIERRE MIOT, of the International Federation of Rural Adult Catholic Movements, said the second World Food Summit, held under the aegis of the United Nations Food and Agriculture Organization in June 2002, recognized that the objective set by Heads of State of cutting in half the number of malnourished persons had not been attained.  The fact that only two Heads of State and Government of the 29 members of the Organization of Economic Cooperation and Development were present, whereas 60 developing countries sent high-level delegates, was an indicator of the political priority accorded by rich countries to famine.

During the first World Food Summit, the United Nations Food and Agriculture Organization had adopted the liberal theses of the World Trade Organization according to which market liberalization was the only means for rapidly solving the problem of famine.  Five years on, it was evident that these liberal solutions had not led to a significant reduction in the misery that still affected 800 million malnourished people.

RAMON CARDONA, of the World Federation of Trade Unions, urged that steps be taken to ensure that economic policies took into consideration the social dimension of life.  The promises that had been made had fallen short of realizing the economic, social and cultural rights of many people in several countries.
The current international economic order was in fact disregarding the social dimension that must be part of economic growth and social justice.

Today, the concept of social security had been undermined and working conditions were deteriorating around the world.  There was a huge divide in the labour conditions of people, not only between countries but also within countries.  It must be acknowledged that any attempt at addressing this situation would fail if the causes of the situation were not recognized.  One must stand up against a system that de-humanized people and violated their economic, social and cultural rights.  It was necessary to act when developing countries were basically being re-colonialized.  It that context, the unjust and illegal war being fought in Iraq must end.

SRIVAS TAVA, of the International Institute for Non-Aligned Studies, said the two pillars on which the International Covenant on Economic, Social and Cultural Rights rested were that the resources of a State should be used for the benefit of all parts of its population, and that there should be no justifiable discrimination in the enjoyment of economic, social and cultural rights.  Though the implications were direct for national systems, the impact of globalization and inter-governmental understandings did play a significant role in policy decisions and strategic implications.  The ultimate state of economic, social and cultural rights was contingent on the measures taken by the Governments to give actual effect to their national and international obligations.

      The realization of economic, social and cultural rights was a complex issue which depended upon national resources, economic priorities and political will.  Such interventions on a massive scale could not be realized purely through
State-initiated and State-monitored efforts.  The contribution of civil society and the active participation of non-governmental organizations were imperative.

ZAFAR IQBAL KHAN MANHAS, of the Afro-Asian Peoples' Solidarity Organization, said that in the past 13 years, most of the basic rights contained in the Universal Declaration of Human Rights had been grossly violated in the Indian State of Jammu and Kashmir by externally aided proponents of intolerance through brutal, coercive measures.  The prevalent gun culture posed a grave threat to Kashmir’s social fibre and had led to many unpleasant and tragic developments.  The terror created by the gun culture had resulted in the migration of thousands of people, particularly the minority Kashmiri Pandits.

The gruesome killing of more than 20 members of this community in Shopian barely a week ago was one in a long series of barbaric acts which aimed to extinguish the pluralistic, syncretistic and socio-cultural ethos of Kashmir and replace it with a completely alien, narrow, puritanical and intolerant version.

ENRIQUE DE SANTIAGO, of the Federación de Asociaciones de Defensa y Promoción de Derechos Humanos, said that currently the world's situation of extreme poverty had been aggravated.  In matters of the right to food, the World Summit of 1996 had declared its objective to reduce the number of persons in poverty situations by half before 2015; the Committee on the Economic, Social and Cultural Rights had also emphasized the right to food in its General Comment 12; and the Special Rapporteur on the right to food had also given a clear overview of the situation of food.  At present, 840 million people were living in poverty while 2 billion people lived in hidden poverty.

The sending of food to people in need should be continued, particularly to those living in refugee camps and to victims of disasters.  States should continue cooperation among themselves and should design policies to strengthen infrastructure that would allow an increase in food production.  The Special Rapporteur on the rights to food should also be allowed to receive complaints from individuals whose right to food was violated by States.

R. ARAVINDAN, of the Indian Council of Education, said many States were confronting increasing incidents of ethnocentric clashes and cultural conflicts.  Hegemonic tendencies often created situations of cultural intolerance.  The groups discriminated against on the basis of their cultural practices continuously suffered deprivation in terms of education, health facilities, employment opportunities and respectful living.

It was through education that practices of harmonious give-and-take among cultures could be developed.  Therefore, in order to sensitize people about respecting the social and cultural rights of all, intercultural education needed to be integrated into national agendas. 

NATHALIA LOPEZ, of the Colombian Commission of Jurists, said it was vital for the Commission to move towards the adoption of the optional protocol to the International Covenant of Economic, Social and Cultural Rights.  This would have a positive impact on the full realization of these rights, as well as other human rights, since all rights were interrelated, interlinked and indivisible.

The current situation of economic, social and cultural rights was a cause of great concern and these rights were violated on a daily basis in many countries.  It seemed too much attention was currently focused on security and military concerns, as opposed to social dimensions and the rule of law.  Such was unfortunately the situation in Colombia.  The Working Group must work towards the adoption of the optional protocol, take into account the recommendations of the Special Rapporteur, Hatem Kotrane, as well as the contributions of States,
non-governmental organizations and civil society on the realization of economic, social and cultural rights. 

CIPING HUANG, of the Transnational Radical Party, said the Chinese Government was denying the basic human, social and cultural rights of fellow Chinese, including the right to education.  Education in poor and remote areas of the country was at a low level.  In some areas, children had to quit school due to lack of money, as little as the cost of five eggs.  Recent studies conducted in nine poor provinces showed that 10 per cent of rural children had never enrolled in primary school and 35 per cent could not finish nine years of basic education.

Discrimination against females was evident in the difficulties girls had in getting an education, not to speak of selective abortions or of many baby girls left to die because of China's one-child policy.  Even the Chinese Government's census showed that girls had less probability of enrolment at all levels of school, especially in poor areas.

MALIK OZDEN, of the Europe-Third World Centre, said all serious studies showed that the rules imposed by the World Trade Organization (WTO) in the area of the circulation of agricultural products would harm the vast majority of peasants in the world, literally condemning them to death.  However, no measures were taken to protect their rights.  On the contrary, the entire apparatus of the State, the WTO and transnational corporations had joined hands to deny peasants these rights.

The simple idea of imposing restrictions or limitations on international trade in basic agricultural products to protect local markets and save millions of peasants from bankruptcy gave rise to cries of alarm from all liberals, even the most virtuous ones.

KAREN PARKER, of the International Educational Development, Inc., said attention must be paid to violations of the economic, social and cultural rights of children born of parents from two different countries, especially girls, who were abducted by their fathers against court-ordered custody rights in favour of their mothers, and taken to the father’s country.  The situation was at its worst when American girls were abducted to Saudi Arabia by Saudi fathers, in part because the Saudi Government helped to kidnap them, and in part because the
United States authorities did not help to recover them.  Once in Saudi Arabia, the children's fathers and male relatives kept the abducted girls as virtual slaves because their fathers feared they would escape or be rescued.  Many girls became mentally ill, were sexually abused, were denied basic education and were forcibly married.

Attention also was needed to the situation of Kurdish human rights in Turkey.  Turkey’s Government refused to discuss the economic, social and cultural rights of the Kurds.  Turkey must be called upon to address the lack of these rights for the Kurdish people in Turkey.

ANNA BIONDI, of the International Confederation of Free Trade Unions, said the global economic slowdown, which could even turn into deflation, had brought the world farther away from achieving the Millennium Development Goals only three years after they were adopted.  External debt and its servicing arrangements had strangled the growth and sustainable development prospects of developing countries.  While it was a moral and ethical duty to cancel the debt, in turn it was also a prerequisite for economic growth and development.

It was quite disturbing to learn that even the proposed Sovereign Debt Restructuring Mechanism had today no chance of being adopted by the International Monetary Fund (IMF) because of the United States veto power over changes to the IMF's Constitution.  The international financial institutions and the World Trade Organization were failing to fulfil their original undertakings and were responsible for the establishment of an unjust economic model, which was undermining democracy and not contributing to sustainable development or the governance of globalization.

JAIRO SANCHEZ, of the American Association of Jurists, said that terrorist bombings with cluster bombs against civilian populations gathered in markets was not the only way of bringing pain and death to those who already suffered materially and spiritually.  There were other less spectacular but more effective arms in terms of their lethal effects, since their victims were in the hundreds of millions.

These were the economic policies imposed internationally by the world’s superpowers.  In this case, the arms of mass destruction were called the International Monetary Fund, the World Bank, the World Trade Organization and, in North America, the Free Trade Area of America.  Negotiations at the WTO over the liberalization of agriculture and the access of poor countries to medicines had been brought to a deadlock by the superpowers and by transnational pharmaceutical companies.  Furthermore, on 31 March, States presented to the WTO a list of public services that they intended to privatize under the General Agreement on Trade and Services.  This represented an imminent danger for essential public services such as health, education, culture, water, energy and postal services that transnational companies would subject to the law of maximum profit.

ORETTA BANDETTINI DE POGGIO, of the International League for the Rights and Liberation of peoples, said States must promote, respect and ensure respect for the economic and social rights of their people, including food, housing, water, adequate living conditions, and the means of using the country’s natural resources.

The recent discovery of oil in Western Sahara had contributed to the continuing annexation of Western Sahara by Morocco.  The Government must be able to provide for the needs of its people, but instead the benefits went straight into the hands of American and French companies, as well as Moroccan companies.  The Western Saharan people were experiencing the removal of their independence and risked losing access to their main natural resources, fishing and phosphate.
The rights of these people were being violated both by the Government of Morocco and by the current international order.  It was particularly telling that Morocco had prevented 13 people from Western Sahara from coming and addressing the Commission.  What, one might wonder, was Morocco hiding?

      LUKAS LEUTHOLD, of the Liberation, said the situation of the peoples of Punjab, Assam, Tripura, Manipur and Kashmir should be addressed by all Rapporteurs under item 10, as well as by the Rapporteur on economic, social and cultural rights.  Each year, the Commission was confronted with a resolution on human rights in Cuba.  Such resolutions provided cover for the economic blockade of Cuba by the United States.  The Commission should recognize that such unprincipled resolutions led nowhere and had gone a long way to undermine its credibility.
The blockade affected all areas of economic, social and cultural rights of the Cuban people.  At the Commission, the key human rights issue was Cuba.  Cuba had cooperated on universal, non-discriminatory human rights issues.  The Cuban people were victims of the world superpower far more than of their own Government.

The report of the Sub-Commission on the Promotion and Protection of Human on the adverse consequences of economic sanctions convincingly argued that the
United States economic blockade of Cuba was both illegal and unjust.  It was time for the Commission both to condemn that blockade and to reject efforts by the United States to demonize the Government of Cuba.

ALI SALEEM, of Asian Legal Resource Centre, said the military Government of Myanmar was not genuine in its stated aspiration of ensuring the food security of people in Myanmar.  The right to food in Myanmar was denied by more than mere neglect -- it was a matter of principle.

In every sense, the State in Myanmar rested on the preeminence of the armed forces.  Policies there were designed at the highest level to fulfil military needs first, without regard to civilian well-being.  It was in the remote parts of Myanmar that the worst abuses of the right to food continued.  The Government of Myanmar had failed to fulfill its obligations under international law and it alone must be held responsible for the pervasive food insecurity that continued to grip the country.

JANNET RIVERO, of Liberal International, said in totalitarian states, the Government suppressed human rights and all individual development.  In Cuba, any attempts at independence were suffocated and the lands of peasants were confiscated by the Cuban Government.  Hundreds of Cubans had been assaulted, fined or imprisoned for aiming to realize their economic, social and cultural rights.  Workers were not given the permission to associate themselves with free trade unions, but were forced to be part of a Government controlled and centralized trade union.

It was also disturbing to witness the severe punishments given to activists, including prison sentences and harassment.  It was necessary for the international community to address the situation of the Cuban people and the repressive Cuban State and to ensure that all Cuban people could fulfill their individual development, including their economic, social and cultural rights. 

ALFRED GONDO, of the Comité international pour le respect et l'application de la charte africaine des droits de l'homme et des peuples, said that since the transatlantic slave trade, the African continent, which was the home of humanity, had been subjected to multiple aggressions which had inflicted great human and material damage with regard to economic, social and cultural aspects.  Today, Africa consumed what it did not produce and produced what it was not consuming.  That situation had now been aggravated by the heavy external debt and the exigencies of globalization.

The crucial theme of the effective enjoyment by Africans of their economic, social and cultural rights could be summarized by the following question:  "To whom belong the natural resources of Africa?"  The former colonial powers continued to intervene in the economic, social and cultural rights of African peoples.  

MOHAMMAD AHSAN, of Interfaith International, said the people of Sindh province had suffered discrimination, repression and denial of opportunities for development in economic, social and cultural aspects of life.

After obtaining a people’s mandate in the October election in Pakistan, the Muttahida Quami Movement had become part of the coalition Government and had assumed the responsibility of ensuring the economic, social and cultural rights of the Pakistani people.  With the initiation of the democratic process in Pakistan in October, space had been made for political pluralism in which the MQM was determined to play a constructive role.  The Governor of Sindh, who came from the MQM, therefore had initiated several administrative and reform measures leading to economic development for the people.  However, much remained to be done if the benefits of economic development were to reach the common man.

YADOLLAH MOHAMMADI, of Organization for Defending Victims of Violence, said the world today, at the dawn of the Third Millennium, was more complicated than ever before.  These complications created opportunities and were also a threat to mankind.  The welfare of humanity had become a public demand, but unfortunately there was still not enough commitment from Governments and relevant institutions towards reaching this goal.

Globalization had become a determined process.  It had been able to have effects on humanity by applying new information and communication mechanisms based on science and mankind’s achievements, and the effects of globalization were becoming more and more visible on a daily basis.  But globalization must not take any particular form just to serve superpowers of the world.  It must be a process that all countries could benefit from and all countries must be able to use the opportunities it created.

MARIA GRATEROL, of the International Women's Rights Action Watch, said the resolution on the mandate of the open-ended working group on an optional protocol to the International Covenant on Economic, Social and Cultural Rights would acknowledge the struggles of individual victims and survivors.  The protocol was a means for recognizing violations of human rights that, until now, had remained unnoticed, and would provide States with tools for ending that impunity.

Such a working group would support the Commission in its efforts to move closer to the actual and practical recognition that all human rights were indeed, indivisible.  As the global community moved towards the realization of the principle of the indivisibility of all human rights, the initiation of a process for the formulation of an optional protocol indicated the commitment of States parties of the United Nations to actualize the principle of equal protection in a way that encompassed all dimensions of human rights.

CHRISTIANE DEHOY, of Anti-Slavery International, said the deprivation of civil and political rights in Myanmar also resulted in the denial of economic, social and cultural rights, although the country was rich in national resources.  The Rohingya Muslims in Northern Arkan State were the worst affected.  They were discriminated against on the basis of race and religion and were denied citizenship rights.  A policy of severe restrictions on their movements aimed at containing them, and food insecurity was deliberately created to induce their flight to Bangladesh.  Policies of exclusion had become policies of expulsion through food deprivation.

This past year, a new refugee influx of more than 10,000 Rohingya had been reported in Bangladesh.  Food insecurity was being used as a tool to target and compel the most vulnerable Muslim population into leaving the country, and once it fled, their names were deleted from Government family lists, preventing them from ever returning.  Compulsory labour deprived villagers of their daily income.  There had been many complaints of illegal taxation and extortion. Confiscation of land also continued.

WILLIAM SIMMONS, of International Indian Treaty Council, said that today, in the United States, the threat to the Arctic National Wildlife Refuge and the Gwich’in peoples was propelled by American patriotism and war.  It was a sad time in the history of humanity.  One could witness the bloodshed of innocents for the sinister intent of promoting the attainment of more oil.  Most believed that if Iraq were not fertile with oil, there would be peace instead of war today.
The cry of no blood for oil was falling upon the deaf ears of the hierarchy within the United States Government.

The Gwich’in Nation had also raised its voice to denounce the war for oil and was fighting for recognition of its people's survival and their fundamental human rights to live their subsistence way of life.  The Bush Administration and multinational oil companies continued to seek access to the coastal plain of the Arctic National Wildlife Refuge for oil extraction as the foremost sources within the United States for quenching the country's voracious thirst for oil.
The pursuit of access to these ancestral lands was now being justified under the guise of homeland security.  

EDELYS SANTANA CRUZ, of the Centro de Estudios sobre la Juventud, said the illegal and unjustified war waged by the United States against Iraq, against the international opinion, was barbaric.  The unilateral application of the blockade against Cuba for more than four decades and the war against Iraq had violated the elementary human rights of the respective peoples of those countries.
The economic rights of the developing countries could not clearly be defined in the face of the globalization process.  What cultural rights could people enjoy while their cultural identities were being damaged by globalization?  The right to development had been limited by the incapacities of Governments.

Youth constituted 18 per cent of the world population; and 60 per cent of the world's youth lived in the developing countries.  Cuban youth, for their part, had realized that they should have a sound living standard and enjoy their rights to education and health.  They should be given the possibility of fulfilling their aspirations.

KULBHUSHAN WARIKOO, of Himalayan Research and Cultural Foundation, said terrorism and religious extremism had had devastating consequences in Jammu and Kashmir.  The Islamist terrorists defined their campaign in terms of religion and opposition to the indigenous cultural ethos.  Hatred and intolerance of other cultures and faiths was taught in religious seminaries called madrassas.

The damage caused to the social fabric by religious extremists and terrorists over the past 13 years had systematically violated the economic, social and cultural rights of the people of Jammu and Kashmir.  During this period,
1,345 Government buildings, 820 educational institutions, 11 hospitals,
354 bridges, 3,000 shops and more than 32,000 private houses had been destroyed by the terrorists with the clear objective of destroying the socio-economic infrastructure in the State that had been built so assiduously over the past
30 years.

MYRNA LACHENAL-MERRITT, of World Federation for Mental Health, said with the Special Rapporteur’s report on the right to health, it was the first time that the Commission had addressed directly and specifically the issues of the human rights of persons with mental health problems.  It was essential to fight for improvement in mental health care and to eliminate the stigma and discrimination still prevalent and too often associated with mental and behavioral disorders suffered by hundreds of millions of people around the globe.

The Federation had undertaken initiatives to promote positive mental and emotional health and which served to reduce the stigma and discrimination that were still prevalent.  This year’s campaign addressed the effects that violence and trauma –- including war, terrorism, famine, poverty and displacement -- had on the emotional health of children and adolescents throughout the world.  It also promoted advocacy for the ratification and implementation of the United Nations' optional protocol to the Convention of the Rights of the Child on the involvement of children in armed conflict.  The Commission was commended for its continued efforts to protect and preserve the human rights of all citizens of the world. 

ATTIYA INAYATULLAH, of All Pakistan Women's Association, said that
4 million Kashmiris in Indian-occupied Kashmir were human without rights.  Every human right on the statute book had been violated with impunity.  The economy of Indian-held Kashmir had collapsed; its cultural identity, both the tangible and intangible heritage, stood abused; and social life had been demolished to be replaced by fear and insecurity.  Today, nearly the total rural population of Indian-occupied Kashmir lived below the poverty line.

Crops were destroyed to punish whole villages; orchards were uprooted in the name of security and not a village had been spared from arbitrary destruction of homes during name searches.  Those in urban areas fared no better.  Tourism was obviously dead.  Social and cultural life were at a standstill with the normal functioning of schools, hospitals and places of worship being obstructed.
Socio-cultural abuse had been compounded by the destruction of the Hazrat Bal library and Chirar Sharif, both symbols of the Kashmiri people's heritage.

Mr. MARQUEZ, of Andean Commission of Jurists, said that in recent years political economic, social and demographic conditions had continued to create serious inequalities which affected the enjoyment of economic, social and cultural rights in relation to labour rights in Bolivia, Chile, Colombia, Ecuador, Peru and Venezuela.  In the Andean region, forced labour constituted one of the most serious and frequent violation of the rights enshrined in Andean Constitutions, human rights treaties and the Andean Charter for the Promotion and Protection of Human Rights.

Forced labour arose from situations of discrimination, marginalization, poverty and lack of effort by the State to enforce labour laws.  It was reinforced by cultural practices that promoted servitude and similar forms of slavery that could be considered as neo-slavery in the twenty-first century.  Forced labour affected vulnerable groups such as women, children, migrants, people of
Afro-American decent and indigenous people.  Although international norms distinguished between forced and precarious labour, it was important to emphasize that precarious labour could easily turn into forced labour.

JOHN SUAREZ, of Christian Democratic International, said the organization extended its solidarity to those nations subjected to political and cultural domination, as well as those which struggled against oppressive and totalitarian regimes.  Democracy was the seed of liberty and development.  Regretfully, there still remained many nations where even the most minor democratic indication did not exist or where leaders attempted to mislead with totalitarian systems disguised as democracies.  How could democratic principles such as human rights, freedom of expression, freedom of religion, racial equality, and
non-discrimination prosper if the fundamental pillar was not respected? 

Could one accept Zimbabwe as a democratic country?  Could one accept Uganda, when there was only one political party that maintained in power its president?  Was Equatorial Guinea a democratic country?  Christian Democrat International denounced these abuses and asked these African Governments to cease practices which violated human rights. 

ARIEF PATRAMIJAHA, of Third World Movement against the Exploitation of Women, said the Government of Indonesia had repeatedly made economic crisis an excuse for the failure to fulfil the economic, social and cultural rights of its people.  If the Government and other State institutions succeeded in banishing corruption and promoting bureaucracy efficiently, the available funds would be more than enough to fulfil and protect people's basic rights and needs.

Although the Government claimed to have taken necessary steps to promoting and protecting economic, social and cultural rights, violations of those rights in Indonesia persisted.  Secured protection and fulfilment of economic, social and cultural rights was included in the 1945 Constitution and its amendment.
In practice, those rights had not been acknowledged as legal rights.  There was no adequate judicial mechanism to address remedies for the victims of violations of such rights.

BEN MARZOUK, of the Association Tunisienne pour l'Auto-Développement et la Solidarité, said President Ben Ali of Tunisia had launched an initiative to create an International Solidarity Fund to combat poverty.  This initiative enjoyed the support of the international community and that had been translated into the adoption by the General Assembly of a resolution relating to the creation of the fund.

Atlas urged the international community to make all necessary effort to implement this initiative.  The international community was also urged to mobilize itself to redress the imbalances created by a globalization process that had resulted in further marginalization and exclusion.  In this context, civil society was called upon to play its role and contribute to promoting and protecting all human rights, in particular economic, social and cultural rights.

MUFTI MAKARIM AL AKHLAG, of Netherlands Organization for International Development Cooperation, said the problem in Indonesia of inefficient, ineffective and corrupt Government had been contagious to all State institutions, including the military and the police.  The funds from domestic resources and foreign debt were currently managed by a corrupt Government, and an inefficient and ineffective bureaucracy.  Secondly, neo-liberal policies had undermined the protection of economic, social and cultural rights in Indonesia.  Such policies had resulted in the State’s negligence of its responsibility in fulfilling its obligations.

The Commission was urged to put pressure on the Government of Indonesia and its related institutions to banish corruption; prosecute the perpetrators of human rights violations; ratify the International Covenant on the Economic, Social and Cultural Rights; and invite the Special Rapporteurs on housing, food and health to exercise their functions and pay visits to conflict areas, particularly Aceh, Malaku, West Papua and Poso.

FRANCESCA SCOTT, of Food First Information and Action Network, drew the Commission's attention to the violation of the right to food in many parts of the world.  Millions of indigenous people had been evicted from their territories on the basis of national policies of the Governments to implement plans supported by the World Bank.  The major part of control of the biodiversity of the world actually belonged to multinational commercial system which practiced dumping and monopoly.

In many regions, chemical fertilizers were used by multinational companies for their agricultural production.  As result of the violation of their rights to food, many people in the world were suffering from hunger and malnutrition.
All persons detained because of their actions to protect their rights should be freed; the WTO, the World Bank and the IMF should not participate in programmes that might violate the human rights of people; and all States should ratify the International Covenant on Economic, Social and Cultural Rights.

NARENDER KUMAR, of Voluntary Action Network India, said global concerns about human rights should be matched by global cooperation to realize those rights.  Development aid should not be limited by factors which were potentially open to vested political interpretations and interests at the international level.

The neo-liberal policies under the WTO regime had curtailed the expansion of budgetary resources for the poor.  Rich countries continued to subsidize their own agriculture while pressuring the poor countries not to do the same. In such conditions, in developing countries like India, the right to food could not be ensured without the right to work.  Therefore it was the responsibility of Governments and the international community to ensure employment for all who demanded it at wages that ensured sustainable livelihoods for their families.

SHIREEN WAHEED, of International Human Rights Association of American Minorities, said the realization of economic, social and cultural rights required a just dispensation of resources towards the welfare and development of people.  This goal could be achieved by ensuring the sovereignty of people over their resources to enable them to pursue their own welfare and development.

Today, in many parts of the world, people were being denied their fundamental right to socio-economic development through subjugation and forced military occupation of their lands and natural resources.  The Jammu and Kashmir was one such area.  Despite its poor social conditions, India had increased its defense spending by about 60 per cent over the last two years to promote its hegemonistic policies in the region.  A considerable portion of the defense budget was being spent on maintaining India’s brutal military control over occupied Kashmir.  Poverty, hunger and economic deprivation must not become the destiny of Kashmiris.  The Indian military occupation of Kashmir and its atrocities against the civilian population negated the very right to development of Kashmiris.
The occupation and oppression of Kashmir must come to an end in order to enable its people to realize their economic, social and cultural rights.

ANA PALLARES, of Pax Romana, said that currently, a humanitarian funding crisis existed for the United Nations, which raised many critical questions about the full enjoyment of economic, social and cultural rights, particularly in relation to the poorest nations.  Burundi, which was now officially listed as the third poorest nation on earth, had received 3 per cent of its United Nations request for funding.  Sierra Leone had received 1 per cent.  One wondered how such countries could respect, fulfil and protect economic, social and cultural rights under such circumstances.  Recently, Afghanistan had been provided with
$50 million, of which $35 million was to be spent on the construction of a
five-star hotel in Kabul.  Where did one situate the right to adequate housing?

In the early months of this year, owing to the cold wave in some of the northern regions of South Asia, nearly 1,700 people had died in India and Bangladesh.  All of them were extremely poor and had lacked shelter, food and health care.

SAHFBZADA ISHAQ ZAFAR, of International Islamic Federation of Student Organizations, said the people of Jammu and Kashmir remained deprived of basic economic and social rights because of foreign occupation since 27 October 1947.  They had been denied the right to prosperous life, despite having a vast wealth of natural resources in their motherland.  The presence of over 700,000 Indian military and paramilitary forces had completely destroyed the infrastructure of the region.  Tourism, which used to be one of the main sources of income for a large number of the people, had totally dried up because of the violent conditions created by the Indian army.  The shops and businesses of the poor were gutted and looted every day on the pretext of security and maintenance of law and order.

The Indian military occupation had contributed to the systematic destruction of the socio-economic fabric of life in Kashmir.  Poverty, hunger and the number of people facing trauma and shock were on the rise.

NORZIN DOLMA, of International Fellowship of Reconciliation, said that while the international community welcomed China for having ratified the Convention on Economic, Social and Cultural Rights, Chinese authorities still did not respect the Tibetans' right to preserve their cultural, religious and national identity.  In 2001, one of China’s white papers had spoken of the great attention given to the right to study, use and pursue development in the Tibetan language.
Yet independent studies and refugee accounts revealed that there was minimal educational development in Tibet.

The United Nations Development Programme had found that the educational index for Tibet stood lowest among 31 provinces of present-day China.  The gross enrolment rate and adult literacy ratio also remained the lowest.  It also was a concern that China had yet to submit its initial report to the Committee on Economic, Social and Cultural Rights.  The report had been due on 30 June 2002.  Equally disturbing was Beijing’s failure to submit its second periodic report to the Committee on the Rights of the Child, which had been due on 31 March 1999.

SABINE LEGRAND, of Fraternité Notre Dame, said the Fraternité was a religious community and its activities were humanitarian.  Many of the people assisted by the group were poor.  Free food and shelter were provided to orphans; schools, hospitals and patients were visited by members of the group, including prisoners.  The group was actually present in Niger, Haiti, Chicago, New York, Martinique, France and Mongolia.

The Fraternité had opened free food-distribution centres not only in the poorest countries but in the cities of the most advanced countries.  Thousands of people received food rations each day.  In Paris, for example, the group's personnel supplied food every day to 600 destitute persons and distributed every week 800 food and clothing packets to families.  In Chicago and New York, thousands of free lunches were distributed to impoverished persons. 

Rights of Reply

A Representative of India, responding to a statement made by Pakistan, said the statement had spoken of a region of hegemony and spiralling defence budgets.  It was clear that there were some people who respected empirical evidence and those who ignored it.  Through the use of hyperbole, the delegation of Pakistan had yet again attempted to mislead the Commission, as it consistently had chosen to do with regards to its links to terrorism.  The situation in the region was actually such that it was Pakistan which had a disproportionate defence expenditure, whereas India’s defence budget was decreasing.  In that sense, the Pakistani delegate had been right to speak of hegemony and a spiralling defence budget.  The source of the problem lay within Pakistan's own national borders.  The Pakistani delegation was urged to undertake corrective measures at home.  Hegemony was what Pakistan had attempted to establish through the Taliban, which had resulted in the total violation of all the economic, social and cultural rights of the Afghan people.  This had made Pakistan the epicentre of terrorism.  It was unfortunate that Pakistan was speaking whilst exercising a selective memory.

A representative of Turkey, speaking in right of reply, said the Turkish intervention that had prevented the illegal annexation of Cyprus by Greece was legal and legitimate.  The cultural heritage of Cyprus was a common heritage of humanity and must be protected.  The Turkish Department of Antiquity was striving to preserve this cultural heritage.  The same could not be said was of the Greek part of the island, where Turkish shrines faced destruction and disintegration.

A Representative of Egypt replied to a statement made about the demolition of houses in slum areas.  Slum areas were a real problem in Egypt, leading to violence and drug use.  Therefore the State had adopted plans to build safe and new houses.  The State plan had concentrated on developing projects for young graduates.  Of course, houses were not demolished before alternative housing had been provided in accordance to legal procedures.  Accidents had only occurred when people had not adhered to eviction orders.  It was stressed that Egypt was committed to economic, social and cultural rights and was doing its utmost to ensure the full realization of these rights for its citizens. 

       A Representative of Cyprus said the priority of the Government was to save the heritage of the country.  For the last 29 years, effort had been exerted to protect the national heritage.  Despite the support provided by Governments and academic circles, Cyprus could not maintain its policy of preserving its heritage.  The international community should make more effort to conserve the
seven-thousand-year-old heritage of Cyprus.

A representative of Pakistan said the Commission heard more lies from the Indian Representative in order to conceal the doom and gloom of Indian citizens.  Over the past 50 years, citizens’ hopes for a life of dignity had been systematically snuffed out in India.  Every democratic institution had shown itself to be unaccountable and inaccessible to the ordinary citizen.  Any attempt at reform had been cunningly rendered ineffectual by the fascist greed that held power in India.  While Pakistan decreased its defense expenditures, India increased its defense spending dramatically.

Civil and Political Rights

Under this agenda item, the Commission has before it a series of documents.

There is a report of the Working Group on arbitrary detention  (E/CN.4/2003/8) by Chairperson-Rapporteur by Louis Joinet.  During 2002, the working group visited Australia and Mexico at the invitation of the Governments of those countries.  The reports on these visits are contained in addenda 2 and 3 to the report.  During the same period, the Working Group adopted 21 Opinions concerning 125 persons in 17 countries.  In 92 cases, it considered the deprivation of liberty concerned to be arbitrary.  The Working Group has continued to develop its follow-up procedure and has sought to engage in continuous dialogue with those countries visited by the group, in respect of which it has recommended changes in domestic legislation governing detention.  In its recommendations in this annual report, the Working Group attaches particular importance to the following matters:  the use of detention as a means of combating terrorism; the use of detention as a means of protecting victims; and the arbitrary character
-– on the grounds of discrimination –- of detention motivated by sexual orientation.  There are three addenda to the report: the Opinions adopted by the Working Group on arbitrary detention (Add.1); a report on the visit to Australia (Add.2); and a report on the group's visit to Mexico (Add.3).

There is a note by the High Commissioner for Human Rights on the right to a remedy and reparation for victims of violations of international human rights and humanitarian law (E/CN.4/2003/63) which transmits to the Commission the report of the Chairperson-Rapporteur on a consultative meeting on the draft Basic principles and guidelines on the right to a remedy and reparation for victims of violations of international human rights and humanitarian law.  Based on discussions during the meeting, it is recommended that the Commission establish an appropriate and effective mechanism with the objective of finalizing the elaboration of the set of Basic principles and guidelines on this right.  Also, taking into account the discussions held and the Chairperson-Rapporteur’s conclusions, it is recommended that the mechanism should consult and cooperate with interested Governments, international organizations, NGOs, and the two relevant experts, Theo van Boven and M. Cherif Bassiouni, in its work. 

There is a report of the High Commissioner on further measures to promote and consolidate democracy (E/CN.4/2003/64).  The Office of the High Commissioner had been urged to invite the views of various regional, subregional and other organizations and arrangements on the role they play in promoting and consolidating democracy, and to report to the Commission.  The Office received five responses to its request for information: from the Food and Agriculture Organization, the Economic and Social Commission for Western Asia, the Organization of American States and the National Human Rights Commissions of India and New Zealand.  The responses are contained in the report. 

      There is a report of the Special Rapporteur on independence of judges and lawyers, Dato’Param Cumaraswamy (E/CN.4/2003/65), who has undertaken missions to Indonesia, Saudi Arabia and a follow-up mission to Italy.  On standards, the Special Rapporteur observes that while the two main United Nations instruments on judicial independence and the role of lawyers are well known, implementation needs to be intensified.  On the war on terrorism, the Special Rapporteur expresses his concern at its impact on the principles of due process and urges the Commission to remind member States of their obligations under international law.  He also expresses concern at the opposition of the Government of the United States to the establishment of the International Criminal Court.  With regard to Zimbabwe, there has been further deterioration of the rule of law, the Special Rapporteur contends, and he urges the Commission to address this situation appropriately.  With regard to the United Kingdom, the Special Rapporteur reiterates his call for a public judicial inquiry into the murders of Patrick Finucane and
Rosemary Nelson.  The Special Rapporteur also reminds the Commission of the needs of countries in transition, particularly in Eastern and Central Europe and Asia, for technical assistance for structuring and restructuring their institutions for effective administration of justice.  Both Timor-Leste and Afghanistan are identified as countries needing urgent and particular attention.  There are four addenda to the report: on the situation in specific countries or territories (Add.1); a report on the mission to Indonesia (Add.2); a report on the mission to Saudi Arabia (Add.3); and a report on the mission to Italy (Add.4).

There is a report of the Special Rapporteur on freedom of religion or belief, Abdelfattah Amor (E/CN.4/2003/66).  The report explains that all activities carried out as part of the Special Rapporteur’s mandate fall into two basic areas of concern:  operational activities to deal with intolerance and discrimination based on religion or belief; and prevention of intolerance and discrimination based on religion or belief.  In his conclusions and recommendations, the Special Rapporteur presents an analysis of the communications sent since the last session of the Commission and his comments on the situation of religious minorities and women with regard to the freedom of religion or belief and with regard to religious extremism.  He also refers to the prevention of intolerance and discrimination based on religion through interfaith dialogue and school education and to the consequences of 11 September 2001.  There is one addendum to the report, which contains the report of the Special Rapporteur's visit to Algeria (Add.1).

There is a report of the Special Rapporteur, Ambeyi Ligabo, on the right to freedom of opinion and expression (E/CN.4/2003/67).  The report defines the terms of reference and methods of work of the Special Rapporteur and describes his activities during the past year.  The report contains a discussion of issues relevant to his mandate, including access to information for the purposes of education on and prevention of HIV/AIDS, and the right to freedom of opinion and expression in the context of counter-terrorism measures.  It also refers to a number of trends with respect to freedom of opinion and expression that emerged from analysis of the communications received by the Special Rapporteur over the year.  There are two addenda to the report:  a summary of communications sent to and received from Governments (Add.1) and a report on the Special Rapporteur’s mission to Equatorial Guinea  (Add.2).

There is a report of the Special Rapporteur, Theo van Bowen, on torture and other cruel, inhuman or degrading treatment (E/CN.4/2003/68).  Chapter 1 deals with aspects of the mandate and methods of work.  With a view to enhancing cooperation with all parties concerned, the methods of work were briefly described in this chapter.  Chapter 2 summarizes the Special Rapporteur’s activities in 2002 and Chapter 3 contains his general conclusions and recommendations.  A revised version of the recommendations made by his predecessor is presented in this chapter.  The Special Rapporteur encourages States to reflect upon them as a useful tool in efforts to combat torture.  A summary of communications sent by the Special Rapporteur and the replies thereto from Governments from 1 December 2001 to 15 December 2002, as well as country-specific observations, may be found in an addendum to the report (Add.1).  In a second addenda, the Special Rapporteur accounts for his mission to Uzbekistan (Add.2) where he recommends a number of recommendations to put an end to ill-treatment and torture.

There is a note of the secretariat (E/CN.4/2003/119) on the strengthening of popular participation, equity, social justice and non-discrimination as essential foundations of democracy.  In its resolution 2002/34, the Commission decided to continue consideration of the issue at its fifty-ninth session, but did not request a report on the subject.

There is report of the Secretary-General on implementation of General Assembly resolution 57/219 concerning "protecting human rights and fundamental freedoms while countering terrorism" (E/CN.4/2003/120).  It says the necessity of ensuring respect for human rights in the international campaign to eliminate the practice and threat of terrorism will continue to be emphasized, consistent with the provisions of General Assembly resolution 57/219.  Initiatives already taken to promote exchanges of views and information on this issue will be maintained.

There is a study on the situation of trade in and production of equipment which is specifically designed to inflict torture or other cruel, inhuman or degrading treatment, its origin, destination and forms, submitted by Theo van Boven, Special Rapporteur on torture, pursuant to resolution 2002/38 of the Commission (E/CN.4/2003/69).  The study provides information regarding such equipment previously reviewed by the Rapporteur; the existing legal framework regarding the use of such equipment; and information received regarding the production of and trade in such equipment.

There is a report of the Working Group on enforced or involuntary disappearances (E/CN.4/2003/70).  The report retains its emphasis on further developments in respect of the practice of disappearances, which persists in a number of countries; and the clarification process, particularly of those cases transmitted more than 10 years ago.  The report accounts for the activities of the group and the communications it has received: it received documentation of 120 new cases of disappearances in many countries in 2002.

There is a report of the intersessional open-ended working group to elaborate a draft legally binding normative instrument for the protection of all persons from enforced disappearance, presented by its Chairperson-Rapporteur, Bernard Kessedjian (E/CN.4/2003/71).  The Commission decided, in its resolution 2001/46, to establish an intersessional open-ended working group charged with the elaboration of a draft legally binding normative instrument for the protection of all persons from enforced disappearances, taking into account in particular the draft international convention on the protection of all persons from enforced disappearance.

Presentation of Report of Working Group on Arbitrary Detention

LOUIS JOINET, Chairperson-Rapporteur of the working group on arbitrary detention, stressed the need for States to cooperate with the working group.
The group's communications in the last year had been relatively successful and it had been encouraging that four States had systematically responded to the working group.  Those countries were China, Cuba, Iran and Mexico.  It was stressed that if it was possible for them to respond, all countries should be able to respond to contacts from the working group.  With regards to the opinions given by the group, responses had also been late.  It was stressed that when answers were late it was difficult to change the texts.

Mr. Joinet mentioned visits to Australia, Mexico and Iran and stressed that cooperation was a process -- not a question of distributing good or bad marks.  Cooperation with both Australia and Mexico had been total and transparent.  As for Iran, the group had visited all places of detention without surveillance.
In Australia, Mr. Joinet welcomed the fact that the Government had decided to open a new detention centre.  The Government had also been told about the legal conditions of vulnerable groups, particularly women and children, and was in the process of adjusting policies accordingly.   With regard to Mexico, Mr. Joinet said there was no use of having seminars on United Nations standards if judges did not feel bound by them.  He was therefore impressed that the Government had taken this into consideration.  A profound change had been noted in Mexico –- including the creation of a consultation structure -- between the Government and the civil society.  The attention of the Commission was finally drawn on his report to three points of principle, illustrated through situations of arbitrary detention in Rwanda, Egypt, and Guantanamo Bay.  

Responses to Report of Concerned Countries

MIKE SMITH (Australia) said Australia was disappointed with the Working Group’s report on immigration detention in Australia.  The Working Group might wish to re-examine its consultative processes with the States it visited in order to minimize inaccuracies or misrepresentations of policy or legal issues.  Immigration detention assisted in maintaining the Australian community’s faith that its borders were controlled and that it was able to determine who was attempting to enter Australia.  Australia did not detain asylum seekers; it detained people who arrived without legal authority.  Detention allowed appropriate identity, character, health and security checks to be undertaken.
It also ensured that people were available while any request to stay in Australia was assessed, and available for removal should they be found to have no legal authority to remain.  When a detainee made an asylum request, every effort was made to ensure a quick and thorough assessment of claims.  Australia’s detention of unauthorized arrivals was not arbitrary, not was it indefinite.  Alternative detention arrangements outside an immigration detention centre were also used when circumstances warranted, particularly for women and children and unaccompanied minors.

Detainees could make complaints regarding their treatment and could have them considered independently.  They were provided with information on how to do this.  The Government had invested substantially in ensuring that the physical conditions and the services available within detention centres were of a high standard.  A significant investment had also been made to ensure that detention centre staff treated detainees with respect and dignity. 

JUAN JOSE GOMEZ (Mexico) said the Mexican Government appreciated the manner in which the Chairperson-Rapporteur had conducted his visit.  The views expressed and particularly the external remarks made were beneficial to the Government of Mexico in strengthening and enhancing it activities.  By inviting Mr. Joinet to Mexico, the Government had shown its political will to cooperate with United Nations mechanisms.  As he indicated himself, he was able to visit places and establish contacts.  The Government welcomed the recommendations made by different mechanisms of the United Nations, particularly by the Working Group on arbitrary detention.  As part of their efforts to continue their dialogue with the Working Group, Mexican officials would communicate the results of their implementation of the group's recommendations.  The Government had also continued to cooperate with the Office of the High Commissioner for Human Rights and had been implementing the recommendations formulated by the Office to improve human rights in certain sectors.

Interactive Dialogue on Arbitrary Detention

In a subsequent interactive dialogue, a Representative of Cuba said he was compelled to comment on one of the elements in the report.  It was stressed that the courts of the United States had tried to exempt the Government for incidents that had arisen at the naval base of Guatanamo Bay, which was illegally occupied by the United States.  The treaty of Guantanamo Bay was illegal and must be made void, since it was a violation of Cuba’s territorial integrity.   

Responding, Louis Joinet said he had heard the statements made and wanted to comment about the Australian visit.  The Australian response had exceeded the page limit allowed by the Commission, which was why he had written to the former Chairperson of the Commission asking for Australia’s response to be included in the report.  To the Representative of Mexico, he stressed the importance of the recent development of relations with civil society.  With regard to Cuba, it was clear that this question could be resolved between the two Governments and the United States courts –- the situation was pending.   The Commission was informed that the Working Group had been invited to Argentina, Canada, China and Latvia.  Mr. Joinet concluded by advising Governments that it was better to run the risk of criticism through cooperation with the Working Group than to be criticized for not cooperating.

Presentation of Report on Freedom of Religion and Belief

ABDELFATTAH AMOR, Special Rapporteur on freedom of religion and belief, introducing his report to the Commission, said the report gave the balance sheet of communications addressed to States, visits to and replies by States.
The Special Rapporteur said that Georgia had responded in the affirmative to a request for a visit.  Iraq had asked the Special Rapporteur to visit.  Russia and Indonesia were holding their replies this year for a request for visit.
The People’s Democratic Republic of Korea, Nigeria and Romania had not responded to requests addressed to them.  It appeared that Israel did not envisage any cooperation with the Special Rapporteur.  It had explicitly rejected a request for a visit formulated on the basis of the Commission’s resolution of 19 October 2000.

Mr. Amor said a culture of violence, discrimination and hate was
re-emerging, in violation of international law.  The ideological, political and legal legitimization and justification of this new trend resulted in hatred, ostracism, demonization and non-respect of religious and cultural diversity.
It was important to contain this trend.  The different religions had to reject this development and engage in a dialogue of peace, understanding and respect for cultural and religious diversity.  The period from the end of the fifty-eighth

session of the Commission to the beginning of the fifty-ninth session had seen a general increase in intolerance and discrimination based on religion or belief.  His communications addressed to States and allegations received all attested to this.  Religious minorities, particularly Muslim minorities in the United States and Europe, were particularly affected.  In this context, religious extremism was finding fertile ground for development.

Response of Concerned Country to Report

MOHAMED EL AMINE BENCHERIF (Algeria) said that since it was the first time the Special Rapporteur had visited the country, the Government had given importance to his mission.  In fact, he was the first Special Rapporteur to visit the country.  Next time, the Commission's Special Rapporteur on violence against women would visit the country.  During his mission, Mr. Amor was able to meet with representatives of civil society, religious leaders, the media and other important institutional leaders.  He had accomplished his mission with professionalism.  He was able to speak to everyone during his visit and had met with Government officials.  He had said there was no problem related to religion in the country except problems pertaining to some groups that attempted to manipulate public opinion on religious grounds to attain their goals.  Algeria would continue in its efforts to strengthen human rights and to promote a culture of tolerance.

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