HUMAN RIGHTS COUNCIL DISCUSSES THE REPORT PRESENTED BY THE CHAIRPERSON/RAPPORTEUR ON ENFORCED OR VOLUNTARY DISAPPEARANCES
The Human Rights Council this afternoon heard the presentation of a report by Santiago Corcuera Cabezut, the Chairperson/Rapporteur of the Working Group on Enforced or Involuntary Disappearances.
Mr. Corcuera said that since its creation, the Working Group had transmitted over 50,000 individual cases to Governments in all regions of the world. Over the past five years, the Working Group had clarified the fate or whereabouts of nearly 3,000 disappeared persons. The Working Group had maintained strong collaboration with other Special Procedures of the Council, including cooperation on visits. Disappearances were currently a global problem and there was concern about underreporting of disappearance cases.
Speaking as concerned countries on the issue of enforced or involuntary disappearances were, Guatemala, Honduras and El Salvador.
Cuba, Cost Rica, Chile, Germany on behalf of the European Union, Morocco, France, Uruguay, Japan, Switzerland and the Republic of Korea spoke in the interactive dialogue.
Speaking in right of reply were the Democratic Peoples’ Republic of Korea, Sri Lanka, Algeria and Ukraine.
At the beginning of the meeting, the Council concluded its interactive dialogue on the reports presented in the morning meeting on the use of mercenaries, effects of economic reform policies and foreign debt on the full enjoyment of all human rights, and the right to education.
In concluding remarks, Jose Luis Gomez del Prado, the Chairperson of the Working Group on the use of mercenaries, said with respect to the regional round table to be held on the role of the State as the principal holder of the use of force, three countries in Latin America had already expressed their desire to host such meetings, for which organizational support had to come from the Office of the High Commissioner for Human Rights. Concerning questions posed, it was not easy to define the term "mercenary", but under international law mercenaries had the status of prisoners of war.
Bernards Andrew Nyamwaya Mudho, the Independent Expert on the effects of economic reform policies and foreign debt on the full enjoyment of all human rights, said the report and the draft guidelines did not purport to present a panacea. The objective was to provide a guide for countries to perform a human rights assessment. Regarding what role he could play towards helping to realize the relevant Millennium Development Goals (MDGs), Mr. Mudho referred to the draft guidelines, in which he had suggested that the MDGs could be used as an advocacy instrument to help mobilize resources that could help countries achieve the relevant human rights in the economic, social and cultural areas.
Vernor Munoz Villalobos, the Special Rapporteur on the right to education, said the Convention on the Rights of Persons with Disabilities, and the strengthening of disabled persons’ rights, seemed to provide a link that could bring about progress in the right to education. That could not, however, be divorced from quantitative indicators, processes and results. On the apportioning of budgets to local level programmes, the Special Rapporteur said the programmes should be commensurate with detected needs, and community participation in identifying those needs was essential.
Speaking in the interactive dialogue on the use of mercenaries, economic reform policies and the right to education were Germany, Peru, Costa Rica, Indonesia, Cameroon, New Zealand, Spain, Pakistan, Malaysia, China, Bangladesh, Brazil, Turkey, Canada, Equatorial Guinea, Nicaragua, Mexico, Tunisia, Uruguay, Uzbekistan and Argentina. Also speaking were representatives of the following non-governmental organizations: Human Rights Advocates, World Organization of the Scout Movement (Joint Statement), Women’s International League for Peace and Freedom, World Federation of Trade Unions, Centre Europe Tiers-Monde, International Association of Democratic Lawyers, Global Rights, International NGO Forum on Indonesian Development (Joint Statement), International Human Rights Association for American Minorities.
When the Council meets at 10 a.m. on Thursday, 22 March, it will continue with its debate on the issue of enforced or involuntary disappearances before taking up reports by the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967, the Special Rapporteur on the situation of human rights in the Democratic People’s Republic of Korea and the Special Rapporteur on the situation of human rights in Myanmar.
Reports before the Council
The Council has before it the report of the Working Group on Enforced or Involuntary Disappearances (A/HRC/4/41), which notes that, in 2006, the Working Group transmitted 248 newly reported cases of disappearance to 16 Governments, 79 of which allegedly occurred during 2006. The urgent action procedure was used for 87 of these cases, which allegedly occurred within the three months preceding the receipt of the report by the Working Group. The Working Group was able to clarify 152 cases of disappearance, and 18 cases were discontinued. The Working Group remains concerned that, of the 79 States with outstanding cases, some Governments (Burundi, Guinea, Israel, Mozambique, Namibia and Seychelles, as well as the Palestinian Authority), have never replied to the Working Group’s requests for information or its reminders, and that some Governments provide responses that do not contain relevant information. The Working Group reiterates its concern that the enactment of amnesty laws and other measures that lead to impunity are contrary to the Declaration on the Protection of All Persons from Enforced Disappearance, and is gravely concerned about the increase in reports received in the past year concerning the disappearance of human rights defenders and acts of intimidation, persecution or reprisal against individuals seeking to discover the fate or whereabouts of the disappeared.
A first addendum (A/HRC/4/41/Add.1) contains the report of the Working Group's mission to Guatemala in September 2006, which notes a broad gap between the advanced legal framework and expressions of political will to bring to justice cases of disappearances on the part of the authorities, versus the low level of or lack of practical results. In fact, to date, there has not been one person convicted for the commission of the crime of enforced disappearance. The Working Group reiterates its request that Guatemala and others provide information regarding the more than 2,000 cases of disappeared persons still pending.
A second addendum contains a preliminary note on the Group's mission to Honduras, in January and February 2007, noting that, of the 202 cases of forced disappearances in Honduras before it, there were still 125 pending cases. The Working Group welcomes the constructive attitude of the Honduran authorities and the real political will it expressed to address the cases of forced disappearance that occurred in the 1980s, however, it notes that the Honduran Penal Code did not contain a specific crime of forced disappearance and that, despite a prohibition against amnesties for such offences in the Constitution, other measures in Honduran law provide an avenue for de facto amnesty to be granted for those responsible for grave human rights violations, including forced disappearances.
A third addendum contains preliminary observations of the Working Group on its mission to El Salvador in February 2007. The Working Group has received for consideration a total of 2,661 cases of forced disappearances in El Salvador, some 2,270 of which remain pending. However, according to the El Salvador Truth Commission, the true number of such cases is estimated to exceed 5,500. Among other things, the Working Group regrets that there exists an apparent impunity for the perpetrators of the crime of forced disappearance, as no effective investigations have been instigated, and no prosecutions have been undertaken.
Presentation of Reports by the Chairperson/Rapporteur of the Working Group on Enforced or Involuntary Disappearances
SANTIAGO CORCUERA CABEZUT, Chairperson/Rapporteur of the Working Group on Enforced or Involuntary Disappearances, said that, since its creation, the Working Group had transmitted over 50,000 individual cases to Governments in all regions of the world. Over the past five years, the Working Group had clarified the fate or whereabouts of nearly 3,000 disappeared persons. During 2006, the Working Group sent five prompt intervention communications to four Governments, regarding the reported harassment of and threats to human rights defenders working on cases of disappeared persons. The Working Group had maintained strong collaboration with other Special Procedures of the Council, including cooperation on visits. The Working Group had originally been created to address the legacy of disappearances arising from authoritarian rule in Latin America. However, disappearances were currently a global problem.
The Working Group would like to draw attention to the underreporting of disappearance cases, the Special Rapporteur said. That phenomenon occurred for various reasons, including poverty, illiteracy, fear of reprisal, weak administration of justice, ineffectual reporting channels, institutionalized systems of impunity, a practice of silence and restrictions on the work of civil society. In the context of internal armed conflicts, opposition forces had reportedly perpetrated acts that were analogous to disappearances in Nepal, Uganda and Colombia. Although its mandate was limited to violations carried out by state agents, the Working Group condemned the practice of acts analogous to enforced disappearance by non-State actors. Concerning the application of the Declaration on the protection of All persons from Enforced Disappearance, the Working Group reminded the authorities that the Declaration established that no perpetrator or enforced disappearances should benefit from any special amnesties or similar measures.
The Working Group noted that the main obstacle to the effective exercise of the rights to truth, justice, and reparation was the Amnesty Law of 1993. In its annual report, the Working Group noted four major areas of concern. The first was that in numerous post-conflict situations of democratic transition following a period of widespread human rights violations, disappearances frequently remained unsolved. Secondly, there was the concern that the enactment of amnesty laws and the implementation of other measures that lead to impunity were contrary to article 18 of the Declaration, and might perpetuate human rights abuses for many years. Thirdly, the Working Group was concerned that in some regions, non-governmental organizations were not present, organized or well-funded enough to be able to work effectively. Finally, the Working Group was concerned about the increased number of reports concerning the disappearance of human rights defenders and acts of intimidation, persecution or reprisal against defenders, witnesses, legal counsel and relatives of disappeared persons.
Statements by Concerned Countries
CARLOS RAMIRO MARTINEZ ALVARADO (Guatemala), speaking as a concerned country, said Guatemala was grateful for the visit made by the Working Group. The relevant and important recommendations of the Working Group had been taken onboard as a commitment of the State, and the necessary resources would be allocated to implement them appropriately. The issue of forced disappearances affected the most vulnerable parts of the population, which had still not recovered. However, due to the firm commitment of various Governments, progress had been made. That was still insufficient, but with the support of the entire nation and of the Working Group, it continued.
The Working Group had left behind clear lines of action and recommendations to ensure further progress on the issue of forced disappearances. At the moment, there were preparations to ensure approval of judicial changes. In compliance with the Peace Agreements, and the need to maintain full respect for human rights, Guatemala, via an agreement with the United Nations, had created the International Commission against Impunity in Guatemala, with the objective of supporting and strengthening State institutions, as bodies of investigation and prosecution. Further data on those who disappeared would be transmitted to the Working Group. The work of the Working Group should continue, as it provided an important benchmark for Guatemala.
SANDRA PONCE (Honduras), speaking as a concerned country, thanked the Special Rapporteur for his visit to Honduras and expressed its thanks for the comments made in the preliminary report. The visit had been very efficient. A humanitarian goal was at stake. The public ministry had carried out a system to update information and a consultation process was under way concerning the number of the victims to be included in the registry. There were problems and obstacles in carrying out that work; the clandestine group had also posed problems. A draft law to reform the penal code had been developed. Via the United Nations office in Honduras, technical assistance had been requested from the High Commissioner to enhance efforts on forced disappearances. Honduras shared the concern that it still had no system of compensation for victims. Some standards must be elaborated in that direction, but that could only take place when the victims had been identified. The report was a good example of showing how to improve the situation in each and every country.
BYRON FERNANDO LARIOS (El Salvador), speaking as a concerned country, said the Working Group had had free access to information and direct channels of communication had been available to them. There had been no further involuntary disappearances in El Salvador since the end of the worst period of conflict, 1980-1983, and that reflected the climate of stability that had developed since. Work was under way to clarify pending cases, and El Salvador expressed its full willingness to cooperate on the search. The main obstacle was inadequate information. The Government was working with an inter-institutional team dealing with documentation of disappeared persons, and there had been significant progress in family reunification. There was also a commission working on tracing disappeared children who had been victims of the conflict, with cross-departmental support. There had also been an amnesty law adopted in 1993, part of a process of promoting peace, reconciliation, and development.
On the issue of El Salvador acceding to certain international human rights instruments, some of those contained provisions that were counter to the Constitution of El Salvador, and therefore constitutional reforms were needed before they could be adopted. Consultations were under way aimed at aligning El Salvador with those instruments.
Interactive Dialogue on Enforced or Involuntary Disappearances
YURI ARIEL GALA LOPEZ (Cuba) said that it was particularly important to strengthen international efforts to combat forced and involuntary disappearances. One of the most illustrative examples of the criminal brutality of forced and involuntary disappearances had been witnessed in Latin America during the military dictatorships imposed by Washington, which were responsible for massive and flagrant human rights violations. The advisory services and logistics help from the United States had allowed coordination between regional intelligence services, including an exchange of information, which had resulted in murders and kidnappings.
Today, the so-called war against terrorism had caused the Government of the United States to resort to kidnappings that were indeed forced disappearances. The Working Group was still concerned by the programme of kidnappings carried out by the United States authorities. It was important that the Working Group continue to examine this issue. This was particularly important for the families of victims of disappearances and the non-governmental organizations which had fought for many years to ensure that this crime did not continue, and was actively punished. It was important that the perpetrators of these crimes not go unpunished, not enjoy amnesty, and that the necessary measures be taken to bring them to due process.
LUIS VARELA QUIROS (Costa Rica) said that Costa Rica had read the report of the Working Group on enforced disappearances. Twenty-seven years ago, the Working Group had begun its important work and had made good progress. The international community should maintain the study on the topic of enforced disappearances and above all adopt preventive measures. Costa Rica had signed the International Convention for the Protection of All Persons from Enforced Disappearance, and hoped that it would be soon in force. As a tribute to the victims of those crimes, Costa Rica hoped that the future committee would have the necessary instruments to comply with the convention. Mr. Corcuera was asked what could be done, until the Convention would enter into force, to fight effectively against the practice of enforced disappearances. In addition, Costa Rica asked if invitations had been extended to the Working Group from countries to visit in 2008.
JUAN EDUARDO EGUIGUREN (Chile) said that Chile had been involved in the lengthy process leading up to approval of the International Convention for the Protection of all Persons from Enforced Disappearance. Chile would cooperate with the Working Group to clarify the situation of disappeared persons in Chile and the whereabouts of disappeared prisoners. This task involved society as a whole. There had been developments in jurisprudence in Chilean courts concerning disappeared detainees. Application of the 1978 amnesty law had been set aside so as to allow the Geneva Conventions to prevail. In 2007 the Supreme Court declared that the Geneva Conventions were fully in force in Chile, though they were not yet incorporated into national legislation. Cases remained open and courts could work to determine the whereabouts of disappeared prisoners.
ANDREAS BERG, (Germany), speaking on behalf of the European Union, said the entry into force of the International Convention for the Protection of All Persons from Enforced Disappearance would shortly provide a new instrument to deal effectively with a practice that was regrettably wide-spread, as attested by the 41,000 unresolved cases dating back to 1980. As internal conflicts came to an end, it was sometimes necessary to adopt national reconciliation measures, and the Chairperson of the Working Group was asked how it would be possible to guarantee that these measures would conform to commitments undertaken in the fight against enforced disappearances and would be effective in coming to a close.
Further, the Chairperson was asked what were the causes for the worrying increase in the intimidation and disappearance of human rights defenders in 2006, and what measures could be used to counter the trend. Finally, the European Union requested an update on the situation with regards to negotiations with the Government of Sri Lanka to agree on suitable dates for a country visit as well as any relevant information on the role of the National Human Rights Commission.
MOHAMMED LOULICHKI (Morocco) said that the Working Group fully lived up to its vocation and high humanitarian mandate to assist victims. Morocco thanked Mr. Corcuera for his presentation and the results achieved. Morocco attached great importance to this Working Group and its achievements over the last years. Morocco welcomed the relations established with members of the Working Group. It wanted to assure the country’s strong commitment to continue with this cooperation. In the implementation of its mandate, the reconciliation forum had held public hearings that were broadcast to ensure a national debate on the past violations on human rights. The forum had treated 16,000 individual cases. Financial compensation had exceeded $ 150 million. The forum provided community reparations, reflecting the practice of Morocco. Morocco, within its wish to abolish human rights violations worldwide, had recently signed the Convention on the Protection of People against Forced Disappearances in Paris.
GALLIANNE PALAYRET (France), said France had organized the signing ceremony for the International Convention for the Protection of All Persons from Enforced Disappearance, and welcomed the high number of signatures to the treaty. The momentum must be kept up. France had been raising this question for over 25 years, encouraging States to live up to their obligations to fight the widespread scourge of enforced disappearances. As soon as constitutional obstacles were removed, France hoped States would hasten to sign the Convention.
ALEJANDRA DE BELLIS (Uruguay) said Uruguay valued the work done by the Working Group, in particular its humanitarian function and the link it was creating between Governments and the families of victims. In building the future, Uruguay had ventured to strengthen its domestic legislation, and the links between it and international law and international humanitarian law. It had criminalized crimes of genocide, crimes against humanity, and others, with the aid of the International Criminal Court. It had signed the International Convention on the Protection of All Persons from Enforced Disappearance, in the conviction that this marked a step forward in the protection of all from forced disappearances, the fight for truth and against impunity, and hoped that this would be a major step forward.
HIROSHI MINAMI (Japan) said that Japan appreciated the Working Group for its strenuous efforts to identify the whereabouts of the victims of enforced disappearances. The Working Group was the one and only organ that fulfilled the functions of handling each individual case of enforced disappearance, inquiring States concerned about the relevant facts, and working for the solutions of the cases. Japan requested the investigation of the whereabouts of the nine Japanese nationals who were victims of abduction by the Democratic People's Republic of Korea. The Government and people of Japan were highly grateful for the efforts extended by the Working Group in these cases. Japan believed that the solution of enforced disappearances including the abduction issue needed enhanced cooperation and raised awareness in the international community.
JEAN-DANIEL VIGNY (Switzerland) said Switzerland was concerned about allegations of forced disappearances in Sri Lanka – over 700 in two years in the Jaffna peninsula, and others in the Colombo area. Switzerland noted the efforts by the Sri Lanka Government to fight this phenomenon. Did the Working Group have special recommendations on tacking the problem in Sri Lanka?
BUM-HYM BEK (Republic of Korea) said the study of the Working Group was well-documented and in-depth, and would be a valuable guide in assessing the current status of enforced disappearances and furthering discussions. The adoption of the International Convention for the Protection of All Persons from Enforced Disappearance would give humankind the opportunity to take a significant step towards the prevention of enforced disappearances and the protection of the victims.
The Working Group had rung an alarm bell, alerting to the reality that enforced or involuntary disappearances still happened in various parts of the world, including countries experiencing post-conflict situations or democratic transition. The report underlined that the Council would not stop hearing the grievances of the victims and their families and should undertake tasks to help countries experiencing armed conflicts establish good governance, including the rule of law. It was hoped the Working Group would continue to suggest to the Council effective ways of preventing enforced disappearances in the post-convention era
Concluding Remarks by Chairperson of Working Group on Enforced Disappearances
SANTIAGO CORCUERA CABEZUT, Chairperson of Working Group on Enforced or Involuntary Disappearances, said that he wanted first to refer to the comments of Guatemala, Honduras and El Salvador. He was very happy to see the very positive comments from those delegations with respect to the visits to their countries. Efforts were already starting before the reports came out. Initiatives for girls and legislative measures were taken. Major progress was made in those countries. This was enhancing the protection of the victims and providing them with compensation. There was the way of preventing in the future situation the practice of enforced disappearance.
Delegations with questions on reconciliation should refer to the general comment providing certain guidance in this respect. The same comment clarified the fact that in certain conditions, some norms leading to reconciliation should be applied. Delegations were invited to look at this general comment and in particular at paragraph eight.
Concerning possible visits, the Working Group was in discussion with the Government of Sri Lanka to organize a visit in 2008, he said. A visit to Argentina was already agreed to take place in 2008. There were talks with the Russian Federation and Indonesia as well. Nepal, Sudan and Nicaragua were also mentioned with regard to visits to provide follow up.
Right of Reply
CHOE MYONG NAM (Democratic Peoples Republic of Korea), speaking in a right of reply, said the Democratic People’s Republic of Korea categorically rejected Japanese allegations. Sexual slavery under the Japanese military had not been resolved. The so-called resolution on the Democratic People’s Republic of Korea had been an attempt to denounce the country. Japanese distortions were part of a policy of hostility towards the Democratic People’s Republic of Korea and its attempt to destroy it. The Japanese claim on abduction cases was in line with this policy. Japan was the only country that had not settled the issue of crimes against humanity. Japan’s past violations remained outstanding due to the Government’s unwillingness to deal with them.
DAYAN JAYATILLAKE (Sri Lanka), speaking in a right of reply, said as the delegations would have noted from earlier remarks, the Government of Sri Lanka was constructively engaged with the international community in helping to improve the situation there. It was an open democratic society, besieged by a separatist suicide-terrorist army, and as a responsible Government, would continue to defend itself. It had sought assistance from the international community where it could not help itself to construct a stable society.
Exception was taken to the tone and attitude taken in at least three of the submissions that morning by two non-governmental organizations, and by the representative of Sweden. Sri Lanka was committed to remaining constructively engaged with the United Nations mechanisms and the international community as a whole, but wished to emphasise that it would not be prodded, pushed or intimidated in any way into accepting any measures or institutions that as a sovereign democracy it did not see fit to accept. If certain steps were to be taken, they would have to be taken in concert with the Government of Sri Lanka.
MOHAMMED BESSEDIK (Algeria), speaking in a right of reply in response to comments made by a representative of Interfaith International, said the Sahari people had an inalienable right to self determination. There should be no polemic on the sub-Saharan question. This was being treated in other United Nations bodies. Allegations on the theft of humanitarian aid were not new. With regard to comments on humanitarian aid being stolen, Algeria affirmed that this was not true. Algeria provided its help and assistance to refugees. The Saharis had found refuge in Algeria, and their rights were provided to them.
TETIANA SEMENIUTA (Ukraine), speaking in a right of reply, said with regard to the report of the Special Rapporteur on the sale of children, child prostitution and child pornography, Ukraine had expressed doubts about his methodology and handling of statistics. There were statistical anomalies in the report itself. In his concluding statement, the Special Rapporteur had referred to the list of 3,000 victims of trafficking registered since 2000, but he had omitted to note that only 150 were minors. Ukrainian agencies dealing with child rights were dealing with these issues. The recommendations in the report were already under careful study by the Ukrainian agencies dealing with child rights. Ukraine thanks Mr. Petit for his efforts and was ready to continue the dialogue with him.
Interactive Dialogue on Use of Mercenaries, Economic Reform Policies and Foreign Debt, and Right to Education
MICHAEL STEINER (Germany), speaking in response to the report of the Special Rapporteur on the right to education, said the final report of Professor Munoz Villalobos’s visit to Germany would be studied carefully. Findings would help in the ongoing modernization of the education system. Ninety percent of students in Germany possessed an upper secondary education. There were different concepts regarding different types of schools being tested, aimed at securing a high degree of mobility and support for students. A continuous education monitoring mechanism had been established. On home schooling, legal rules were clear: school attendance was compulsory as laid down in the Constitution. Home schooling was to promote the rights of parallel societies and was not permitted in Germany. A key objective in Germany was to reduce the link between educational success and social background. Opportunities should be equal for all children. People from migrant families should be able to develop their full potential. Language support in school and kindergarten were designed to support this and a wide range of schemes were introduced to this end. Children with disabilities had particular support through special needs programmes and special schools. Special needs teachers underwent thorough specialist training. Germany backed the United Nations Convention on the Rights of Persons with Disabilities and would sign both the Convention and the Protocol.
CARLOS ALBERTO CHOCANO BURGA (Peru) thanked the Experts for their reports. Speaking in response to the report of the Working Group on the use of mercenaries, Peru welcomed the visit of Mr. Prado and the Government was committed to continuing the dialogue with him. Peru had gained awareness of the different kinds of mercenaries. The work of the Working Group had been extremely valuable. Peru had undertaken two actions: it had acceded to the Convention on the Use of Mercenaries and had presented a draft law against the recruitment, use, financing and training of mercenaries. These were just some of the immediate reactions. Peru believed that it was a way to address the needs and the problems. Peru wondered if a date had been set for the regional round table? Peru believed that by sharing experience on how each State proceeded, the situation could be improved.
LUIS VARELA QUIROS (Costa Rica) said Costa Rica gave priority to the right to education at the Constitutional level: 16 percent of GDP was directed to education. Costa Rica was pleased to see the direction of resources to developing countries to help develop their education systems. The law on equal opportunities for people with disabilities in Costa Rica meant the State had legal responsibility to follow this through and ensure an inclusive system, which accounted for individual student special needs. Flexibility in the curriculum was necessary. What measures could States employ during transition periods regarding inclusive educational systems, and what good practices had been identified giving responses to governments and non-governmental organizations by experts and independent experts?
DIANA EMILLA SARI SUTNIKO (Indonesia) thanked the experts for their reports. The issues depicted in the reports reflected several preoccupations of Indonesia. The reports gave attention to poverty reduction and the realization of more rights. Trade liberalization would boost competitiveness on the global market. Indonesia believed that there was a strong link between national economic policies and debt repayment capacity and that it played a decisive role in the country’s ability to overcome and manage its development challenges, especially with regard to the Millennium Development Goals.
Countries should be able to create policy space in establishing their strategies for development. Likewise, any economic policies must take into consideration country specific concerns and constraints. They must also ensure that economic stability and development growth underlied any efforts at human rights promotion and protection. Indonesia welcomed the report on education of people with disabilities. Indonesia was looking forward to more actively contributing to the debate on this topic. Indonesia had been involved in the preparation of Convention on the Rights of Persons with Disabilities and was currently preparing to sign it.
ODETTE MELONO (Cameroon) said that Cameroon did not wait for the adoption of the Convention on the Rights of Persons with Disabilities to promote and protect the rights of this particularly vulnerable group. Since 1983, Cameroon had had a judicial arsenal for the protection of the rights of persons with disabilities. In practice, free education at both primary and secondary levels, as well as other factors including scholarships and specialized training for teachers were among various measures for the implementation of this policy.
The concept of inclusive education, which was at the heart of the report of the Special Rapporteur on the right to education, could only favourably hold the attention of Cameroon. The need for deep changes in the educational system to reinforce the capacities of the teaching personnel, and the financial costs caused by this led Cameroon to ask the Special Rapporteur to explain how countries with small incomes and high debts could implement the recommendations and reach the goal of inclusive education.
CAROLINE BERESFORD (New Zealand) welcomed the report by Mr. Munoz Villalobos and in particular the focus on persons with disabilities. There was a heightened need to address this issue in the light of the International Convention on the Rights of Persons with Disabilities of December 2006. The report had highlighted the need to shift to an inclusive model of education. New Zealand echoed the request of Costa Rica concerning examples of best practices.
MARIA DE LOS REYES FERNANDEZ BULNES (Spain) said Spain noted carefully the reports and wanted to raise a few questions to Mr. Gomez del Prado on the issue of mercenaries. Spain wanted a clear distinction to be made between the definition of a mercenary and an employee of a private security company and asked the Special Rapporteur about his point of view concerning this topic. The Working Group on the use of mercenaries, in the report, took note of their concern about the labour conditions of people contracted under private security companies. Spain asked about the most important and necessary means of dissemination and divulgation.
MARGHOOB SALEEM BUTT (Pakistan) said with regards to the report on the effect of economic reform policies and foreign debt, it provided an in-depth analysis of different aspects of debt sustainability and macro-economic reform policies, providing useful general guidelines to be followed by States and by private and public, national and international institutions in decision-making and execution of debt repayments and structural reforms. Economic reform programs should not be based on one size fits all macro-economic solutions and should take the situation of individual countries into account. There should be an international enabling environment, which would help developing countries to undertake structural reforms and benefit effectively from integration into the world economy.
Endeavours in Pakistan were now focused on harnessing the benefits of economic success into a meaningful gain for all segments of society, and massive social uplift. Pakistan was committed to a continuing process of reforms, and had embarked on a second generation of reforms covering infrastructure up-grade, institution building and human resource development.
FARIDAH ABU HASSAN (Malaysia) supported the emphasis on educational rights for people with disabilities. Inclusive special needs education in Malaysia was already established without special schools being built. Class sizes were large and teacher assistants in short supply, however. There were residential facilities for students needing them. The cross-cutting issues and gaps the Government planned to fill included the income gap, the digital gap, the rural-urban gap, the achievement gap, and the gap between special needs and normal children. One plan was to increase the special education provision and reduce drop-out risks. Other schemes were also being considered and Malaysia viewed the provision of inclusive education as vital, and there was a five-year programme to improve teacher training and strengthen the situation in the country.
LA YIFAN (China) expressed sincere appreciation for the reports and the study that was carried out about foreign debt. China supported the work of the Special Rapporteur on economic reform policies and foreign debt. China took note that foreign debt burdens had a negative impact on the full enjoyment on economic, social and cultural rights and the achievement of the Millennium Development Goals. With regard to the report of the Special Rapporteur on the right to education, China supported his work. It noted that in the presentations, the importance of integrating children with disabilities into the normal educational system was high lightened and China agreed with this. However, in many developing countries, Governments were facing pressure to ensure the integration of children with and without disabilities. China wanted to know how governments could ensure that this integration could take place and if the Special Rapporteur had been travelling to a country where this was happening already.
MUSTAFIZUR RAHMAN (Bangladesh) said on the report on the effect of economic reform policies, the words of the Special Rapporteur had always been valued, and the report was yet more evidence of his professionalism. The issue of debt relief had taken centre stage, as the enjoyment of economic rights could not be enjoyed if the debt problem was not resolved. It was hoped debt relief could be improved.
Some shortcomings of the debt relief initiative had been pointed out. The implications of the economic reform policies had also been pointed out in the report. Dialogue was ongoing in many institutions, and there should be an equitable multilateral financial trading system. The issues of trade and development were under negotiation in dedicated fora. Trade liberalisation policies should not affect the competivness of less-developed countries. The conclusions and recommendations of the report were quite pertinent, and deserved due attention.
LUCIANA DA ROCHA MANCINI (Brazil) said Brazil’s demographic census wad disaggregated by types of disability, the idea being to accurately assess the needs of children with disabilities. Inclusiveness had two dimensions: enrolment of students with disabilities in regular education classes to help integration; and the right of those children to receive special education, the latter having legal status in Brazil. Brazil considered the right to education of children with disabilities, and the Convention on the Rights of Persons with Disabilities a key extension of the concept of human rights. The statistics in the report of Mr. Munoz Villalobos were worrying: children with disabilities attending schools in developing countries made up between less than one per cent and five per cent.
EBRU DEMIRCAN (Turkey) expressed appreciation for the work of Mr. Munoz Villalobos, the Special Rapporteur on the right to education. Attention was drawn to the challenges faced by migrant children in enjoyment of their right to education. What measures would the Special Rapporteur recommend in order to overcome social disparities and to ensure equitable and equal educational opportunities to every child, in particular migrant children. In the report, it was recommended to launch a national debate on the relationship between the educational system and the phenomena of exclusion and manipulation of school children. Turkey asked what modalities the Special Rapporteur would envisage to ensure that such a debate was effective and meaningful.
HEIDI SMITH (Canada) said Canada supported the training of private security personnel in human rights. It was important to not simply relapse into definitional debates as to what constituted a mercenary: this was an opportunity to develop a normative framework to ensure that private security companies and non-State actors respected human rights law.
SISINIO EYEBE MBANA MAKINA (Equatorial Guinea), speaking on the issue of mercenaries and with reference to the failed coup in the country, said the Government of Equatorial Guinea would be considering an official country visit from the Working Group. The mercenaries involved in the attempted coup were being tried.
ALICIA MARTIN GALLEGOS (Nicaragua) expressed the gratitude of Nicaragua for the reports of the experts. The right to education was a Constitutional right in Nicaragua and free primary and secondary education was guaranteed throughout the country. Literacy campaigns were continuing as well. The Minister of Education was revising the curriculum, taking into account ethnic and cultural diversity. The country was striving to strengthen education by improving the quality of education and adjusting it to the needs. Those measures required a review of the national budget. More than $ 20 million would be allocated to projects for the education international funds. Nicaragua had inclusive education in its programme for more than 5,000 children with disabilities.
JOSE GUEVARA (Mexico) said Mr. Munoz Villalobos’s points on the right to education were very promising. Last year the Special Rapporteur used this approach when talking about including all children in educational programmes, including pregnant girls. The report was centred on children with disabilities, a matter which had gained priorities and raised awareness of the Convention on the Rights of Persons with Disabilities. The Special Rapporteur should continue his work from this vantage point, and the Office of the High Commissioner for Human Rights should consider this report when working on persons with disabilities.
MOHAMED CHAGRAOUI (Tunisia) said Mr. Munoz Villalobos had raised fundamental human rights issues. Tunisia had made major sacrifices to guarantee education for all and reported decreased drop-out rates in the over-16s. Enrolment rate was 71 per cent and the picture was similarly positive for older students. Public authorities and civil society had worked hard to improve these figures. A National Programme was created to assist priority schools showing results below the national average, and resources were being allocated to reduce gaps and improve backlogs. Inclusivity was tackled through total integration for students with disabilities in regular schools, and partial integration for certain categories. There was also a programme to speed up the eradication of illiteracy. How did globalization jeopardize social achievement and undermine rights to education and how could this be overcome?
PAULINE DAVIES (Uruguay) said Uruguay completely supported the report on the right to education. Uruguay supported the concept of integrative education. Uruguay was presently facing a process of review of its programmes on education. It had been an active participant in the negotiation on the Convention on the Rights of Persons with Disabilities. Uruguay endorsed the recommendations of the Special Rapporteur and encouraged his work.
ESMURAT KANYAZOV (Uzbekistan) said the report on the right to education was very important. More than 45 per cent of the population of Uzbekistan were of school age, and thus the results of reform of the education system prepared the future for the State. Education should be humanitarian and democratic in nature, ongoing, consistent, secular, and with general access. Uzbekistan had a system of education of human rights, and had a programme for advancing the legal culture of the country. It had fulfilled one of the Millennium Development Goals.
Uzbekistan was working in the area of manpower development, with particular effort given to strengthening the technical base. There was a two-stage system of baccalaureate and masters programme. A fund for the development of higher educational institutions had been established with the aim of providing textbooks and improving the condition of dormitories, among other things. Education was being improved by links between universities and cooperation with other universities in the world.
SERGIO CERDA (Argentina) asked whether Mr. Munoz Villalobos could comment on the process of the reform of the mandates and the strengthening of follow-up for the Special Procedures. Argentina also requested elaboration on the content of educational programmes, notably private teaching for future jobs and the labour sector of countries.
TROY WARE, of Human Rights Advocates, said that at present, there was little being done to address allegations of abuse by private security companies and most Member States did not extend criminal jurisdiction to their activities abroad. Private security companies were not regulating themselves. There was a need to address the involvement of private security companies in peacekeeping and peacemaking.
ARTURO ROMBOLI, of World Organization of the Scout Movement, said there was deep concern about the ongoing violations of the rights of children and young people, especially with regards to education. In spite of the Convention on the Rights of the Child, 855 million children and young people still had no access to formal education because of discrimination, poverty, child labour, armed conflicts and many other human rights abuses. It was clear that the formal education system did not work for all children or young people. States parties and civil society should take urgent action to ensure that Governments recognised that current education policies that were built only around formal educational systems were failing the needs of millions of children and young people.
KATHERINE RONDEROS, of Women International League for Peace and Freedom, said that to improve aid effectiveness, donors had to be committed to the Paris Declaration principles and modalities. But civil society organizations seemed to lack the coverage and capacity to make a difference and there was an impression that donors were emphasizing the role of civil society organizations towards holding Governments accountable for their poverty reduction strategy papers, rather than in service delivery. In consequence, in many countries, opportunities to promote gender equality were being missed. It was important to recognize gender equality issues and women’s rights as key components of poverty reduction.
JULIO AVELLA, of World Federation of Trade Unions, said that alternatives for mercenaries should be found. There were violations of human rights carried out by mercenaries who were not complying with international human rights responsibilities. In Colombia, mercenaries affected labour rights and had impacts on the economic and health situation of the people. Colombia should comply with the recommendations of the Working Group on the use of mercenaries.
MALIK OZDEN, of Centre Europe–Tiers Monde, said the report of the Independent Expert on foreign debt was an important tool, but there were some problems in the proposals, such as debt swaps, which were presented as innovatory solutions lightening the debt. However, these short-circuited national sovereignty, and extended the deadlines for repayment and increased the interest rates. They also sometimes diluted responsibility altogether. Some non-legitimate debts should be given a special status. There was a need to go back to the origins of debt to shed light on the responsibilities, carrying out independent and specific national audits of the debt in the third world, identifying responsibilities and reconciling the North and South, allowing to break through the stereotype of North-South relations.
AN HYANG SY, of International Association of Democratic Lawyers, said the Convention on the Rights of the Child stated that primary education was compulsory. There were inequalities in Japan concerning the tax incentives applying to international schools, to the detriment of Chinese and Korean schools. The Japanese Government was acting in a discriminatory manner against foreigners depending on their financial interest and this amounted to a form of racial discrimination. The Council should focus on this discrimination in Japan.
SUSANA FRIED, of Global Rights, commended the Special Rapporteur on the right to education for focusing the report on the important issue of the right to education of persons with disabilities because it was greatly in need of a perspective that encompassed the intersection of education, disability, marginalization and social exclusion. Multiple forms of discrimination presented a barrier to enjoying the right to inclusive education. It was asked if the Special Rapporteur could further talk about how children with disabilities were further discriminated against because of other factors for which they may face discrimination, such as their gender, ethnicity, sexual orientation, gender identity and gender expression.
DON MARUT, of International NGO Forum on Indonesian Development, said the conclusions and recommendations in the report on the effects of economic reform policies were appreciated and supported, in particular the conclusion that all parties should be held responsible for the process of impoverishment of countries of the South, and therefore there should be an initiative of a significant debt cancellation so that the achievement of the Millennium Development Goals targets could be on time. The report should be expanded to include policies imposed by international financial institutions as the violations of human rights. The Council should bring the issue of debt cancellation to the General Assembly in order to make a resolution on significant debt cancellation for countries of the South.
SARDAR AMJAD YOUSAF KHAN, International Human Rights Association for American Minorities, addressing the report of Gay McDougall, said that minorities were the poorest of the poor in many regions of the world. In India, various ethnic and linguistic minorities faced discrimination while the Government was oblivious to their rights. Muslims in India faced economic and psychological pressures owing to discrimination. The Association asked Ms. McDougall whether she had advice for the Indian Government on its claim to be a secular state.
Concluding Remarks by Experts on Mercenaries, the Effects of Economic Reform and Education
JOSE LUIS GOMEZ DEL PRADO, Chairperson-Rapporteur of the Working Group on the question of the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination, thanked all the delegations for their positive statements about the work of the Working Group. The Chairperson-Rapporteur was encouraged by the efforts undertaken by the States visited by the Working Group, and noted with satisfaction the follow-up efforts to the Working Group's recommendations that had already undertaken by some of those States. In Honduras, for example, an investigation had been undertaken into the recruitment of Hondurans and Chileans to go to Iraq. In addition, measures had been taken to regulate the activity of private military and security companies there.
With respect to the regional round table to be held on the role of the State as the principal holder of the use of force, Mr. Gomez del Prado said that three countries in Latin America had already expressed their desire to host such meetings, for which organizational support had to come from the Office of the High Commissioner for Human Rights. The Working Group was in contact with a further 15 countries that imported or exported mercenaries. Finally, with regard to the questions posed by Spain, the Chairperson-Rapporteur observed that it was not easy to define the term "mercenary", but noted that under international law mercenaries had the status of prisoners of war.
BERNARDS ANDREW NYAMWAYA MUDHO, Independent Expert on the effects of economic reform policies and foreign debt on the full enjoyment of all human rights, particularly economic, social and cultural rights, said the report and the draft guidelines did not purport to present a panacea of concrete and straightforward policy prescriptions. Instead, the objective was to provide a guide for countries to perform a human rights assessment. Delegations were assured that careful note had been taken of all the very useful and helpful suggestions that had been made, and they would be referred to in future work. This included some of the interesting ideas that had been floated by the representatives of non-governmental organizations.
Mr. Mudho, responding to a question on how to enhance international cooperation as an obligation, suggested that in the context of the draft that he was working on, poverty reduction strategies could be a useful instrument for States in encouraging innovative ways to cooperate in the realization of all human rights, especially economic, social and cultural rights. Regarding what role the Independent Expert could play towards helping to realize the relevant Millennium Development Goals, Mr. Mudho referred to the draft guidelines, in which he had suggested that the Millennium Development Goals could be used as an advocacy instrument to help mobilize resources that could help countries achieve the relevant human rights in the economic, social and cultural areas.
VERNOR MUNOZ VILLALOBOS, Special Rapporteur on the right to education, thanked the many delegations for the recognition they had shown for his report. In particular, the Special Rapporteur thanked the delegations of Morocco and Germany for the appreciation they had expressed for the report and the self-critical spirit in which they had addressed the issues in it. The Convention on the Rights of Persons with Disabilities, and the strengthening of disabled persons’ rights, seemed to provide a link that could bring about progress in the right to education. That could not, however, be divorced from quantitative indicators, processes and results. On the apportioning of budgets to local level programmes, the Special Rapporteur said the programmes should be commensurate with detected needs, and community participation in identifying those needs was essential.
The report noted that there were specific obligations to recognize inclusive education as a human right; to focus on minimum norms; on transition from a segregationist model to an inclusive model; establishing supervision and monitoring for education for disabled persons; and other themes. Concerning guidelines and best practices, it was urgent to take account of educational infrastucture, the training of teachers, and other issues.
For use of the information media; not an official record
HRC07018E