HUMAN RIGHTS COUNCIL HEARS FROM SPECIAL PROCEDURES ON SLAVERY, CHILD PORNOGRAPHY AND INTERNATIONAL SOLIDARITY
The Human Rights Council this afternoon heard presentation of reports from the Special Rapporteur on contemporary forms of slavery, its causes and consequences; the Special Rapporteur on the sale of children, child prostitution and child pornography; and the Independent Expert on human rights and international solidarity. Interactive discussions were held with the experts on slavery and child pornography.
Gulnara Shahinian, Special Rapporteur on contemporary forms of slavery, its causes and consequences, said the magnitude and gravity of slavery today and its tendency to transcend into new forms showed that policies and actions to enhance human security and to promote human rights had been inadequate. All Member States should take all necessary steps to comply with the international legal standards and develop innovative integrated policies to address the scourge of modern slavery, which would create the foundation for ensuring the dignity of all people and the protection of rights for all. On her mission to Haiti to engage in a dialogue with the Government in order to identify the challenges in addressing the situation of "restavek" children, she said that what was happening now was the economic exploitation of children and the flagrant disregard of their rights in the name of a traditional practice. This practice was nothing other than slavery.
Najat M'jid Maalla, Special Rapporteur on the sale of children, child prostitution and child pornography, said her thematic report on child pornography discussed child pornography on the Internet. Pornography on the Internet was a form of sexual exploitation and its consequences were very serious, both physically and psychologically. Despite responses, there remained several challenges, including the facts that legislation remained insufficient. Turning to the country visits she had conducted, as for Estonia, the Special Rapporteur noted that the amplitude of sale of children and child prostitution and pedo-pornography remained low in Estonia. The Special Rapporteur also noted the strong political willingness in Estonia to include the promotion and protection of child rights among the Government’s priority. With respect to her visit to Latonia, the Special Rapporteur noted that the reported number of cases of child prostitution and treatment of children to sexual ends had been low.
Rudi Muhammad Rizki, Independent Expert on human rights and international solidarity, said international solidarity was a principle of international law, and could guide the implementation and interpretation of human rights - the Council had referred to it as a right of peoples and individuals, which was a component of the right to a democratic and equitable international order.
Poverty was the root cause of many of the world's problems, and solidarity was essential in combating both poverty and iniquity. International solidarity was a pre-condition for the attainment of the Millennium Development Goals and the realisation of the right to development, both key to the eradication of poverty. In conclusion, there was fertile ground to be further explored in the recognition of a right of peoples and individuals to international solidarity. International solidarity was essential to human dignity, the basis of human rights, and the key to survival of mankind's common future.
Speaking in the interactive discussion on contemporary forms of slavery, speakers said there should be a joint, concerted and well-coordinated move on the part of Member States, United Nations agencies, private actors and civil society to raise awareness and take preventive, prosecution and protection measures to combat forced and bonded labour. While recognising forced labour and particularly bonded labour as a crime under international law, this recognition had to be accompanied by strong political will and by coordinated action by many Governments in order to enforce international law and protect the rights of all. Greater work to combat slavery could have a significant impact on the realisation of the Millennium Development Goals and the Special Rapporteur should be able to work with development partners to draw attention to these linkages.
In the interactive discussion on the sale of children, child prostitution and child pornography, speakers said these were abhorrent practices that had no place in any religion or culture, and indeed contradicted the fundamentals of humanity. It was a collective responsibility to provide sustainable physical, psychological and virtual environments for future generations. The report devoted particular attention to how countries should seek to combat Internet pornography, and the exploitation of children through the Internet remained a very disturbing problem with staggering international consequences. This was a collective responsibility and there was a need for a clear delineation of responsibility. It was essential to be conscious of the constraints and weaknesses faced by most countries in the global south.
Speaking as concerned countries were Haiti, Latvia, and Estonia.
Speaking this afternoon were Sweden for the European Union, Pakistan for the Organization of the Islamic Conference, Nigeria for the African Group, the Netherlands, Indonesia, Bosnia and Herzegovina, Australia, India, United Kingdom, Russian Federation, Ghana, Armenia, China, Burkina Faso, Paraguay, Senegal, Uruguay, Peru, United States, Italy, Brazil, Chad, and Morocco.
Also speaking were Franciscans International, Asian Legal Resource Centre, Worldwide Organization for Women, World Peace Council, Global Alliance against Traffic in Women, and Permanent Assembly for Human Rights.
Speaking in right of reply were Iran, Iraq, Sri Lanka, Azerbaijan, Uzbekistan, Algeria, and Morocco.
The next meeting of the Council will be at 10 a.m. on Thursday, 17 September, when it is scheduled to hold a panel discussion on the human rights of migrants in detention centres.
Documentation
The Council has before it the report of the Special Rapporteur on contemporary forms of slavery, including its causes and consequences, Gulnara Shahinian (A/HRC/12/21), which explores the issue of forced labour in more detail. As mentioned in her initial report, the Special Rapporteur has also focused on bonded labour as a pre-eminent example of forced labour. The Special Rapporteur believes that bonded labour as a form of slavery is a global issue. Neither its traditional form nor its subtle and new emerging forms have been sufficiently addressed. This is irrespective of the fact that many countries have ratified the slavery conventions and the relevant conventions of the International Labour Organization. The Special Rapporteur also found that where laws on forced labour exist, their enforcement is limited. In addition, very few policies and programmes address bonded labour. In her conclusions, the Special Rapporteur recommends that Governments, non-governmental organizations, United Nations agencies and private actors take specific prevention, prosecution and protection measures to combat forced and bonded labour.
A first addendum to the report contains findings of the Special Rapporteur’s Mission to Haiti in June 2009, during which she focused on challenges facing restavèk children, or children given by their families to more affluent families in the hope that they will be provided with food, clothing, shelter, schooling and health care in return for their domestic labour. The estimated number of restavèks is between 150,000 and 500,000. The Special Rapporteur considers the restavèk system a contemporary form of slavery, and notes that these children are economically exploited as they are not being compensated for their work and are performing tasks interfering with their education and harmful for their development and health. In addition, these children are malnourished and given food only at school, with little or no access to health care. The Special Rapporteur is deeply concerned that restavèk children are subjected to various forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of their host family, and that these abuses are reported as being widespread. Among recommendations are that the Government should establish a national commission on children, with special attention given to vulnerable children, to monitor and ensure protection of the rights of children.
The report of the Special Rapporteur on the sale of children, child prostitution and child pornography, Najat M’jid Maalla (A/HRC/12/23), before the Council, focuses on the issue of child pornography on the Internet, which it says constitutes a worldwide problem. The development of new technologies which greatly increase ways of accessing, disseminating and selling this criminal material have contributed to the growth of this phenomenon. Numerous actors from both the private and public sectors have made a commitment and worked actively to combat child pornography, leading to the implementation of many measures: legislative reforms, dismantling of networks, exposure reporting services for Internet users, filtering and blocking of Internet sites, seizures of pornographic material, arrests and awareness campaigns. In the context of monitoring implementation of the recommendations made by the previous Special Rapporteur in 2005, and of follow-up to the Third World Congress against Commercial Sexual Exploitation of Children and Adolescents, held in Rio de Janeiro, among others, the present report is intended to take stock of progress made, identify remaining challenges and make specific recommendations on how better to prevent and combat child pornography on the Internet. Relevant legislation should be clear and comprehensive and treat child pornography on the Internet as a grave violation of the rights of the child and as a criminal act. The age of consent to sexual activity should not be a relevant factor; because a minor under the age of 18 is not in a position to consent to sexual exploitation, such as child pornography, all forms of which should be criminalized and heavily penalized. The victim’s privacy must be protected and appropriate protection measures and care adapted to the needs and characteristics of children must be available. Actions undertaken should be specific and targeted and guarantee specialized resources for the identification of victims, adequate protection for child victims and child Internet users, genuine involvement of children, a committed and responsible private sector, and, lastly, coordinated, effective and structured international cooperation for the protection of all children everywhere.
A first addendum to the report (A/HRC/12/23/Add.1) contains the findings of the Special Rapporteur's Mission to Latvia in October 2008. The Special Rapporteur observes that significant efforts have been made at the legislative and policy levels in the area of protecting the rights of the child. The number of reported cases of child prostitution and trafficking of children for sexual purposes is low. However, all actors with whom the Special Rapporteur met were of the view that child pornography, mainly via the Internet, was on the rise. An increasing number of families in difficulty are incapable of protecting their children. Difficulties are mainly financial, or alcohol- or abuse-related. Coupled with the proliferation of tourism, easy accessibility of new methods of information technology by children, increasing demand in the sex industry and the establishment of increasingly structured trafficking networks, children are increasingly vulnerable to risk of abuse, violence and exploitation. Efforts should be concentrated on prevention, including the provision of adequate training and sufficient human and financial resources, to ensure effective measures to protect children and prevent violations.
A second addendum (A/HRC/12/23/Add.2) provides a report on the Special Rapporteur’s visit to Estonia, also made in October 2008. The Special Rapporteur notes a significant political commitment in Estonia to prioritize the rights of the child. While the number of reported cases of child prostitution and child pornography is low, the Special Rapporteur is of the view that vigilance is required and that efforts should be directed towards prevention. Concrete actions to be implemented include the adoption of legislative amendments, efficient training of police, particularly in detecting cases of sexual exploitation of children and online child pornography, ensuring that programmes and policies are sustainable and accessible throughout the country, and strengthening of the non-governmental and civil society sector.
A third addendum to the report (A/HRC/12/23/Add.3) provides, on a country-by-country basis, summaries of general and individual allegations and urgent appeals transmitted to Governments between 1 December 2007, which is the cut off date in Mr. Juan-Miguel Petit’s final report, and 15 April 2009, as well as replies received between 1 February 2008 and 15 June 2009.
Presentation of Reports on Contemporary Forms of Slavery and on Sale of Children, Child Prostitution and child Pornography
Gulnara Shahinian, Special Rapporteur on contemporary forms of slavery including its causes and consequences, said the magnitude and gravity of slavery today and its tendency to transcend into new forms showed that policies and actions to enhance human security and to promote human rights had been inadequate. All Member States should take all necessary steps to comply with the international legal standards and develop innovative integrated policies to address the scourge of modern slavery, which would create the foundation for ensuring the dignity of all people and the protection of rights for all. Slavery existed all over the world, and the majority of public information and awareness on bonded labour referred to its traditional manifestation, but what was hugely lacking was information and awareness with regard to new forms of bonded labour which also existed in Europe and North America.
The causes of bonded labour had, dishearteningly, not changed with the times: factors such as poverty, migration and discrimination on the basis of race, ethnicity, caste, social status and gender were still the main causes of bonded labour. Forced labour was not addressed effectively by Member States. Depending on the sector, it also affected women and girls, boys and men in very different ways. Although some work on bonded labour had been carried out, specific action to address bonded labour as a separate crime and a form of slavery was still insufficient, both in enforcing national and international laws, and in developing programmes, including those to suppress trafficking in humans. Member States should develop laws that specifically targeted bonded labour. Despite the illegality of the practice of bonded labour, a lack of international enforcement allowed the problem to persist.
In early June, the Special Rapporteur had undertaken an official country mission to Haiti to engage in a dialogue with the Government in order to identify the challenges in addressing the situation of "restavek" children. During her conversations with many stakeholders, alarming new tendencies had been revealed: what was happening now was the economic exploitation of children and the flagrant disregard of their rights in the name of a traditional practice. This practice was nothing other than slavery. Taking into consideration all the challenges and difficulties faced by the Government of Haiti, she wished to compliment the actions taken and achievements made to protect human rights in Haiti. However, Haiti should cooperate with the international community to respect, protect and fulfil the right to identity, the right to education, the right to health, the right to a family environment, the right to security of person, and the right to an effective remedy. As poverty, social and economic exclusion were at the root of all forms of slavery, Ms. Shahinian wished to add her voice in urging for the realisation of the Millennium Development Goals, which would tremendously decrease the vulnerabilities of men and women and have a significant impact towards eliminating slavery.
NAJAT M’JID MAALLA, Special Rapporteur on the sale of children, child prostitution and child pornography, said her thematic report on child pornography discussed child pornography on the Internet. Pornography on the Internet was a form of sexual exploitation. On a global scale, the homepages using child pornographic images had multiplied; the United Nations Children’s Fund estimated at more than four million the number of sites that had young minors as victims. The child victims were also increasingly young people, and there was an augmentation of the solicitation of children on the Internet, i.e. “grooming”. The production and distribution of child criminal pornography images led to an income of several billion dollars throughout the world. The consequences of child pornography on the Internet were very serious, both physically and psychologically.
The responses to such child pornography on the Internet involved the engagement and mobilization of several actors; national action plans to protect children against all forms of violence and sexual exploitation, implemented by the great majority of States; and comprehensive legislation that criminalized all forms of child pornography, adopted by some countries. Child victims had been identified thanks to cooperation mechanisms among countries’ polices; a certain number of telephony and credit cart providers had adopted codes of conducts; several telephone services providing assistance to child victims had been established at the national and international level; and education and sensitization programmes were implemented by the great majority of States. Despite these responses, there remained several challenges, including the fact that legislation remained insufficient, the identification of child victims remained difficult, the protection and the recovery of child victims and the protection of child users of the Internet remained insufficient, the participation of children in the elaboration of the implementation of prevention strategies against pedo-pornography remained low, and many of the implemented actions were lacking coordination and cooperation among countries.
Turning to the country visits she had conducted, as for Estonia, the Special Rapporteur noted that the amplitude of sales of children and child prostitution, and pedo-pornography remained low in Estonia. The Special Rapporteur also noted the strong political willingness in Estonia to include the promotion and protection of child rights among the Government’s priority. Further, many legislative reforms had been taken to harmonize national laws with international and regional instruments. As for the complaints mechanism that was accessible to children, the Special Rapporteur strongly supported the proposition to expand the mandate of the Chancellor of Justice so as to integrate a child ombudsman. With respect to her visit to Latonia, the Special Rapporteur noted that the reported number of cases of child prostitution and treatment of children to sexual ends had been low. She also noted the political engagement of the Latvian Government in the field of promotion and protection of the rights of the child. As for the implementation of the Central Office of Statistics, which allowed the centralization of relevant data, there remained a need regarding the desegregation of the data as well as the harmonization of the collection method and the data treatment.
Statements by Concerned Countries
JEAN-CLAUDE PIERRE (Haiti), speaking as a concerned country, said the Special Rapporteur on the sale of children, child prostitution and child pornography had had fruitful discussions with the various officials in Haiti in order to understand the situation of “restavek” children. Haitian authorities were concerned about the impact of poverty on child labour and family circumstances leading to child labour. Haiti had been working hard to resolve those difficult problems and the Government had ratified many human rights instruments and annulled Chapter 9 of the Labour Code of Haiti. Over 200,000 children were living in conditions close to slavery and had no access to services. Haiti disapproved of this practice and its institutions no longer gave authorisation for a child to be put in domestic service. It still remained true that the solution to this practice was the reduction of extreme poverty of the families that resorted to child labour.
JANIS MAZEIKS (Latvia), speaking as a concerned country, said during her visit the Special Rapporteur met various State officials from different ministries, visited border control points and prisons for women and girls in Riga, and also held extensive meetings with various representatives of civil society. Latvian authorities highly valued the Special Rapporteur's recognition of the progress made by Latvia at both legislative and policy levels in the area of protecting the rights of the child. Since her visit, legislation had been strengthened to protect children from sex crimes, and policy framework documents had been strengthened. Latvia also actively participated in the elaboration of the new regulatory framework combating sexual abuse, sexual exploitation of children, and child pornography within the European Union. Latvia fully agreed with the Special Rapporteur that with the advent of modern technologies, children were increasingly vulnerable to risk of abuse, violence and exploitation, and that efforts should be particularly focused on awareness-raising and prevention to ensure that effective measures were available to protect children and prevent violations. The Special Rapporteur was thanked for her valuable work and cooperation, and Latvia undertook to evaluate accordingly her recommendations and suggestions.
JURI SEILENTHAL (Estonia), speaking as a concerned country, said this was the first visit of the Special Rapporteur on the sale of children, child prostitution and child pornography to Estonia after Estonia had issued a standing invitation to all Special Procedures of the Human Rights Council in 2001. During the Special Rapporteur’s visit to Estonia, Estonian authorities had entered into an open and constructive dialogue with the Special Rapporteur. Estonia noted that the Special Rapporteur had acknowledged a strong political will to prioritize the rights of the child in Estonia, and the Estonian Government could only concur with the Special Rapporteur in her call for a holistic approach to the fundamental rights of children and the importance of addressing the root causes like poverty and underdevelopment that were contributing to the vulnerability to children. Estonia was and would remain committed to advance and protect human rights and the protection of most vulnerable persons as women and children was a cornerstone of this commitment. Estonia had started preparing a new framework for the protection of children. More importantly, practical steps, such as the training of law enforcement and social services personnel, had already been taken. Estonia would like to emphasize the role of the Office of the Chancellor of Justice in advocating for children’s rights, and it was important to underline that many legislative and practical changes had been made as a result of the healthy public debate in Estonian media. Estonia would also be joining the European Union Safer Internet Programme.
ANNA UGGLA (Sweden), speaking on behalf of the European Union, welcomed the attention given in the report of the Special Rapporteur on contemporary forms of slavery, including its causes and consequences, to the ongoing problem of forced labour, particularly bonded labour, and asked about steps to address the problems of perception and lack of awareness at national and international levels, highlighted in the report. The report drew attention to some of the common forms of bonded labour, its causes and consequences and the European Union wanted to hear more about successful strategies some States employed to highlight this problem and address its causes and consequences.
The European Union also congratulated the Special Rapporteur on the sale of children, child prostitution and child pornography for her very thorough report that gave a particular thematic emphasis on the issue of child pornography on the Internet. How did the Special Rapporteur envisage the continuation of cooperation with other United Nations Special Procedures? To what extent had the Special Rapporteur taken consideration of the draft guidelines for the protection of children in cyberspace that were to be issued at the ITU Telecom World next months in Geneva? The European Union put particular emphasis on mainstreaming the rights of the child in its key policies and programmes both with the European Union and in its external action. Recent European Union initiatives included the European Union Council Framework Decision on combating the sexual abuse, sexual exploitation of children and child pornography designed to replace the 2004 respective Framework Decision on the same issue.
ABRAR HUSSAIN HASHMI (Pakistan), speaking on behalf of the Organization of the Islamic Conference, said with regards to the report of the Special Rapporteur on the sale of children, child prostitution and child pornography, the report was on an issue that merited serious consideration and concerted efforts by all stakeholders at all levels. The sale of children, child prostitution and child pornography were abhorrent practices that had no place in any religion or culture, and indeed contradicted the fundamentals of humanity. It was a collective responsibility to provide sustainable physical, psychological and virtual environments for future generations. Child pornography, a never-ending violation of the right to privacy, was a violation of the rights of the child and a criminal act. The report contained a number of valuable recommendations including the need for strong international cooperation against this borderless menace. On the report on contemporary forms of slavery, the report highlighted the shocking and depressing reality that even today there were at least 12.3 million people involved in the illicit market of forced labour. It was regrettable to have an evolution of modern forms of slavery with very conventional mindsets of exploitation of marginalised individuals and groups. There should be a joint, concerted and well-coordinated move on the part of Member States, United Nations agencies, private actors and civil society to raise awareness and take preventive, prosecution and protection measures to combat forced and bonded labour.
OSITADINMA ANAEDU (Nigeria), speaking on behalf of the African Group, said the African Group welcomed the thrust of the report of the Special Rapporteur on the sale of children, child prostitution and child pornography. The African Group encouraged that the Special Rapporteur’s report should take stock of the recommendations made at the 2005 conference in Rio de Janeiro. The report was a step in the right direction and recommendations could be made so as to better fight child pornography on the Internet. This was a collective responsibility and there was a need for a clear delineation of responsibility. It was essential to be conscious of the constraints and weaknesses faced by most countries in the global south. The African Group would appreciate if the Special Rapporteur could recommend how the Council could follow up on her recommendations and how the outlined priorities could be met in a clear framework. The African Group supported all international efforts to combat exploitation of any form.
SUSANNA TERSTAL (Netherlands) said the report of the Special Rapporteur on the sale of children, child prostitution and child pornography highlighted once more the vulnerability of children on the Internet, with girls being identified as the most common victims. Vulnerability of the girl child was one of priority agenda items for the Government of the Netherlands, which had undertaken a number of initiatives in this regard, such as the establishment of a Working Group to deal with the issue. This Working Group confirmed the recommendations made by the Special Rapporteur on the sale of children, child prostitution and child pornography in her report. The Netherlands wanted to hear more about the future cooperation between the Special Rapporteur and the newly appointed Special Representative of the Secretary-General on violence against children. The Netherlands, together with the United States and Brazil, intended to organize a side event during the Ministerial Week at the upcoming General Assembly, dedicated to violence against girls.
DERSRA PERCAYA (Indonesia) said one of the main features the reports had in common was that they indicated clearly the existence of interlinking dimensions, as they touched upon the present and future wellbeing of children worldwide. With regards to the report on slavery, the focus on bonded labour as a form of slavery was welcomed, as this was a global issue. While recognising forced labour and particularly bonded labour as a crime under international law, this recognition had to be accompanied by strong political will and by coordinated action by many Governments in order to enforce international law and protect the rights of all. These forms of labour, as well as the sexual exploitation and trafficking of children, continued to require concerted effort from all stakeholders if they were to be eradicated. The issue of trafficking remained a major concern for many countries. The report on the sale of children devoted particular attention to how countries should seek to combat Internet pornography, and the exploitation of children through the Internet remained a very disturbing problem with staggering international consequences. The Special Rapporteur should explain if there were any particular strategies such as early-warning systems which Governments could put in place to effectively address this issue comprehensively.
LJUBICA PERIC (Bosnia and Herzegovina) said Bosnia and Herzegovina supported the Special Procedures mechanisms and in that context actively participated in the Human Rights Council sessions. As the Special Rapporteur said in her report that in most countries forced and bonded labour fell into the category of trafficking in persons, activities in Bosnia and Herzegovina on these issues were included in the category of trafficking in persons. Though Bosnia and Herzegovina had been combating trafficking in human beings in past years and it was noticeable that the continued trend was in gradual decrease in the total number of identified victims, the problem was still present and was subject of the future serious activities of the bodies in charge. Bosnia and Herzegovina fully supported the recommendations made by the Special Rapporteur in her report, those related to the development programmes aimed to reduce poverty, awareness campaigns, educational and training programmes, policies and practices which would ensure the access of vulnerable people to their human rights and especially underlining the recommendations with regard to the national legislation and cooperation among the States.
ANGELA ROBINSON (Australia) said Australia encouraged all countries to ratify and give effect to the 1926 Slavery Convention and the 1956 Supplementary Convention. Australia invited the Special Rapporteur on contemporary forms of slavery, including its causes and consequences, to comment on how regional efforts could complement domestic measures to reduce forced and bonded labour. As to the report of the Special Rapporteur on the sale of children, the report detailed disturbing trends in the circulation of child pornography on the Internet. Australia condemned this practice which constituted a serious abuse of human rights. As noted by the Special Rapporteur’s report, Australia had been active in its efforts to take measures against online child pornography. Could both Special Rapporteurs comment on whether there was information available on the impact of both bonded labour and child pornography on the human rights of persons with disabilities, Australia asked, also asking whether this vulnerable group was particularly susceptible to, or affected by, these practices.
SANJEEV KUMAR SINGLA (India) said that the bulk of the global forced labour was in the Asian-Pacific region, including India, as noted by the International Labour Organization and the Special Rapporteur’s report. The pre-dominant form of such forced labour in all regions of the world was privately-imposed economic exploitation, except for industrialised economies where the predominant form was sexual exploitation. It was important to keep in mind that the underlying nature of the entire problem was economic. While welcoming the Special Rapporteur’s recommendations in her report, India wanted to lay greater emphasis on addressing poverty, employment generation and development. Experience had shown that economic growth and inclusive development had a much greater capacity in empowering the disadvantaged to break through regressive social patterns and attitudes. The Government of India remained deeply concerned about the problem of bonded labour and continued to make concerted efforts to eliminate it. India had been the first country in South Asia to enact legislation against bonded labour in 1976 and had taken many more important measures since. As a result, the number of identified bonded labourers had gone down. The Government remained vigilant about any new forms of bondage that might emerge in different sectors of the economy.
BOB LAST (United Kingdom) said with regards to the report of the Special Rapporteur on contemporary forms of slavery, this mandate was a much-needed one, in order to combat the ongoing problem of slavery in all parts of the world; this was an abhorrent practice, which required much greater action at the national and international levels. Not only did it constitute a violation of human rights per se, but it was clear that for those in slavery, the broad spectrum of other human rights and fundamental freedoms guaranteed by international humanitarian law became meaningless. The attention given in the report to some of the root causes of bonded labour, such as discrimination and slavery, were welcome - discrimination often lay at the heart of slavery and similar practices as it allowed people to dehumanise others, justify or excuse the violation of others' rights, and to perpetuate such violations generation after generation. Poverty was often the cause of individuals being trapped in bonded labour, as well as the reason why they were unable to free themselves once they became trapped in such a situation. Greater work to combat slavery could have a significant impact on the realisation of the Millennium Development Goals and the Special Rapporteur should be able to work with development partners to draw attention to these linkages.
NATALIA ZOLOTOVA (Russian Federation) said the Russian Federation thanked both Special Rapporteurs for their reports. As for the report of the Special Rapporteur on the sale of children, child prostitution and child pornography, this was an exemplary report as it adopted a balanced approach despite the sensitive nature of the topic. The Russian Federation was convinced of the need for collaboration in this field, and without such collaboration, this problem could not be effectively tackled. This type of study gave a better understanding of the causes and solutions in this field. Both Special Rapporteurs were asked how they had reached certain of their decisions at the seminar in June. Further, could Ms. Shahinian further expand on the close link among land ownership and indigenous people, the Russian Federation asked.
MERCY YVONNE AMOAH (Ghana) said that the International Labour Organization’s estimate of over 12 million persons involved in illicit forced labour constituted a cause for concern. Ghana was concerned that factors such as the impact of globalization led to new forms of bonded labour, used predominantly by private individuals and not States. Given the gravity of the situation, greater attention should be dedicated to the problem. Ghana agreed that the education programmes on bonded labour should be delivered to both States and non-state actors. While endorsing the idea to develop stronger guidelines and the policing of labour agents, Ghana called for better cooperation between States on the issue of migrant workers, as recommended in the report.
VAHEH GEVORGYAN (Armenia) said the report of the Special Rapporteur on contemporary forms of slavery guided the international community into the often forgotten world of a dozen million people deprived of their most basic rights of being holder of their own lives and dignity. Different forms of slavery were likely mapping the whole world in various colours of forced labour entailing bonded labour and trafficking. One of the important merits of the report was a clear indication of change and continuity in the evolving of different forms of forced labour. Thus, on one hand bonded labour came as a remnant of the past, and on the other hand, trafficking in persons seemed to be the contemporary history of people's enslavement. The report suggested social groups and particular industries which were often involved in forced labour - in Armenia's view, further studies were needed to elaborate on already-identified areas such as the construction industry. The institutionalisation of combating all forms of slavery should be undertaken at the national level. This could entail systematic work conducted with regard to strengthening the rule of law, creating conditions for the formation of genuine trade unions. The normative power of combating all forms of slavery could be effectively shaped at the international level; the international recognition of the problem would be the first step in this direction.
YAO SHAOJUN (China) said China appreciated the efforts of the Special Rapporteur on the sale of children, child prostitution and child pornography and thanked her for her work for the promotion and protection of human rights. Bounded labour should be prohibited and receive more attention by the international community. China also hoped the Special Rapporteur on contemporary forms of slavery would make more contributions to the follow-up of the Durban Review Conference. Relevant services showed that the market and demand for child pornography concentrated in developed countries. Further, States should adopt legislation to criminalize child pornography and international cooperation should be strengthened since child pornography was an international issue. Western countries should do their best to decrease the demand for child pornography. China attached importance to the protection of children’s rights. To protect children, China had campaigned to shut down illegal websites which served the right to mental and physical integrity. China highly appreciated the suggestions of the Special Rapporteur on the sale of children, child prostitution and child pornography, and it would support discussion on this issue within the Human Rights Council.
CLARISSE MERINDOL OUOBA (Burkina Faso) said that Burkina Faso was a party to the Convention on the Rights of the Child and virtually all other human rights instruments relative to the protection of vulnerable persons. Burkina Faso was actively engaged in the fight against child trafficking both in the country and in the region and had undertaken a number of measures and initiatives, including signing a cooperation agreement with Mali and other countries in the region and a pilot project which set up a surveillance system with the United Nations Children’s Fund. Those various mechanisms produced results such as better understanding of the issues, better cooperation and establishment of network of communicators in 2006 that contributed to raising awareness of the population about this issue. Poverty and illiteracy were among the factors favouring the labour of vulnerable persons and increased the number of those living in the street.
RAUL MARTINEZ VILLALBA (Paraguay) said with regards to the report of the Special Rappporteur on the sale of children, child prostitution and child pornography, which focused on child pornography on the Internet, this was a very interesting report. Paraguay had an open invitation to the Special Procedures, and had been visited by the previous Special Rapporteur on the sale of children in 2004, whose report mentioned that the visit was a sign of the opening of Paraguay to the system of Special Procedures, and was also a catalyst for the consolidation of democratic procedures in the country. One of the consequences of his visit was the promulgation in 2005 of a law criminalising the trade and dissemination of pornographic images featuring minors and the disabled. This was an important law for Paraguay. Public policies had also been designed, including the National Secretariat for Children and Adolescents.
ABDOUL WAHAB HAIDARA (Senegal) said the report of the Special Rapporteur on the sale of children, child prostitution and child pornography demonstrated the urgency to attack child pornography on the Internet. This phenomenon was so complex that it required a global and consorted response with a view to better protect children and preserve their dignity. For this reason, Senegal subscribed to the Special Rapporteur’s recommendations, particularly that which regarded the three-dimensional approach, namely prevention, repression, and sensitization. Further, Senegal would appreciate if the Special Rapporteur could explain the measures she noted in the last paragraph of her report as means to fight criminal organizations and persons involved in child pornography on the Internet. Senegal also said that it would be desirable that further reflections would lead to a reinforcement of the capacities of certain countries so as to lead a more efficient fight against child pornography on internet.
PAULINE DAVIES (Uruguay) attached great importance to the mandate of Special Rapporteur on the sale of children, child prostitution and child pornography, and Uruguay had served as a generator of ideas to develop concrete proposals to face this scourge face on. Uruguay believed it had helped the cooperation between States to exchange best practices. A number of national laws had been adopted that outlawed child pornography. The national Plan of Action was linked with poverty reduction policies and measures and with efforts to protect the rights of the girl child. Practices in child pornography changed and evolved quickly and the legislation must develop and follow. The main challenge was the lack of system of data that would allow for early detection of victims and provide evidence for legal repression. Uruguay wanted to know what would be the impact of the adoption of the Optional Protocol of the Convention on the Rights of the Child on the Special Rapporteur’s mandate.
CARLOS SIBILLE RIVERA (Peru) said with regards to the report of the Special Rapporteur on contemporary forms of slavery, this Special Rapporteur should attach special importance to cooperation and coordination with the International Labour Organization in order to obtain a comprehensive picture of the human rights perspective as well as labour rights - it would only be thus that the actions taken to combat this phenomenon would have a broad enough scope to combat the problem effectively. In this sense, Peru had taken on the very firm commitment to fight against forced labour, with a National Commission to Combat Forced Labour, a standing multi-sectoral body. The Labour Ministry had completed an official investigation into forced labour in Peru, making it possible to pinpoint the zones where this phenomenon occurred, making it easier to combat. As for the report of the Special Rapporteur on the sale of children, child prostitution and child pornography, States should criminalise and combat child pornography on the Internet, and this was the case in Peru. The need to encourage cooperation between the public and private sectors to draw up initiatives to stop the production and sale of child pornography should not be neglected.
KRISTEN MCGEENEY (United States) said the United States was pleased to see in Ms. Shahinian’s report that she had been working with other Special Rapporteurs to develop a work plan and schedule to ensure complementarity, in conjunction with the relevant United Nations agencies, human rights mechanisms and non-governmental organizations. The United States looked forward to hearing about the substance of this work plan. Forced labour was an egregious human rights violation and the United States recognized that vulnerable populations could become victims of forced labor when exposed to exploitative labour conditions or unfair labour practices. The United States used a number of legislative tools to fight forced labour and all recent Free Trade Agreements included eradication of forced labour as one of the core labour standards that needed to be effectively enforced in trade-related sectors. The United States also released three reports on child labour and/or forced labor in countries around the globe. It encouraged all nations to combat such exploitation, whether victims had been moved across borders or were held in bondage in their own communities.
ROBERTO VELLANO (Italy) said that the fight against paedophilia and child pornography in Italy was based on two pillars: the Observatory for the fight against Paedophilia and Child Pornography and the Italian National Centre for Combating Child Pornography on the Internet. The Observatory monitored the activities carried out by every public administration and analysed the problem in order to develop strategies to prevent and fight sexual abuse and exploitation of children, and to support victims. The National Centre was responsible for gathering all reports concerning websites showing materials related to sexual abuse of children and to identify managers and beneficiaries of related payments. Since 2004, Italian authorities had undertaken awareness campaign targeting parents with children to prevent their misuse of Internet technologies. Italy wanted to know if the establishment with the individual complaint mechanism within the Convention on the Rights of the Child could play a positive role in strengthening children’s ownership of their rights and reinforcing the fight against their sexual exploitation, thereby also stimulating States responsibility at the domestic level.
RUI ANTONIO JUCA PINHEIRO DE VASCONCELLOS (Brazil) said Brazil welcomed the report of the Special Rapporteur on contemporary forms of slavery which emphasised the complex issue of debt bondage. It provided an independent and realistic account on human rights violations in a cooperative and forward-looking way. The positive mention of Brazilian achievements gave that country an additional encouragement to deepen and broaden successful policies. The combat against trafficking in persons and contemporary forms of slavery was in no sense favoured by unilaterally evaluating the situation of third countries - this only created resentment and reduced the possibilities of cooperation, undermining the trust necessary to address those issues within the appropriate multilateral fora. At the international level, Brazil had long cooperated with the International Labour Organization for the implementation of the Decent Work Agenda. On the report on child Internet pornography, Brazil attached special priority to the issue. Particular emphasis should be put on the criminalisation of production, distribution, possession and reception of child pornography, as well as the responsibility of legal entities involved in the dissemination of such material.
ANGUI AWADA (Chad) said would confine its comments to the report of the Special Rapporteur on the sale of children, child prostitution and child pornography and it was surprised to learn about the Special Rapporteur’s discussion on the silent trafficking of children for the purposes of armed groups in Chad. This surprise was all the greater since a delegation, comprising Chad’s Minister of Social Affairs and other high-level officials, had recently visited the refugee camps and had been told by the people living there that, although there had been such recruiting before, this was no longer the case. This was the result of the intervention by the Government of Chad and its collaboration with the United Nations Children’s Fund. Chad would like to know through what channels the Chadian Government had been contacted.
OMAR HILALE (Morocco) congratulated the Special Rapporteur on the sale of children, child prostitution and child pornography for presenting her excellent report and for paying particular attention to the use of new technologies in child pornography. The interest attached in the report to this new challenge meant that the international community must respond quickly. The challenge was greater given fast development in the technology. Alarming statistics from the report confirmed this concern. The report defined all forms of pornography involving children and helped governments to identify both the acts that needed to be punished and to adjust child protection systems. Given the global nature of the problem, international corporation must be involved as well in addressing the challenge in coordination with others. Morocco had ratified the Optional Protocol to the Convention on the Rights of the Child and had undertaken a number of institutional and legal measures to protect children and to prosecute violators, including in the Penal and Criminal Codes. Morocco commended the Special Rapporteur on contemporary forms of slavery, including its causes and consequences on her report and shared her view that the question required more attention and more political will and coordinated action by governments. It expressed its concern about persistence of certain forms of slavery by the leaders of polisario by the people in Tindouf camp where Moroccan people were held. The Special Rapporteur should urgently put this situation on her agenda and alert the international community.
CHUN HYE RAN (Republic of Korea) said with regards to the report of the Special Rapporteur on the sale of children, the Government of the Republic of Korea paid keen attention with deep concern to this fairly new, but already worldwide problem. In tackling the problem, it attached importance to the exchange of information and strengthened international cooperation in the efforts of the international community to prevent and eradicate child pornography on the Internet. With the dramatic advance of the development of new technologies in communication including the Internet, the sexual exploitation of children and adolescents had emerged as a transnational crime which demanded much stronger international cooperation. In no other area was the collective action of the international community more required than in combating child pornography on the Internet, and a network of international cooperation, especially in the investigation of crimes and prosecution of offenders, was important. Another important issue was information-sharing on lessons learned and good practices of other countries in fighting against these crimes. Currently, many countries had set up their own systems of punishment - however, progress had been slow with minimal effective outcomes. The Government of the Republic of Korea was committed to eradicating the sexual exploitation of children and adolescents.
AJOY KUMAR, Franciscans International, said Franciscans International welcomed the report of the Special Rapporteur on contemporary forms of slavery and shared the Special Rapporteur’s opinion that debt bondage had not drawn sufficient attention so far and much more needed to be done to address this scourge. What were the most urgent steps that Governments, international organizations and civil society could take; what were the main reasons that bonded labour received so little attention internationally; were there examples of good practice in terms of monitoring mechanisms developed for employment agencies and their supply chains; was it possible to hear the Special Rapporteur’s opinion about the use of micro-credit and aggressive introduction of GM/Hybrid seeds which rendered people even more vulnerable to enter into debt bondage and commit suicide; and how could this be resisted, Franciscans International asked.
MICHAEL ANTHONY, of Asian Legal Resource Centre, said that the figure of some 120,000 children – victims of trafficking in Bangladesh, India, Nepal and Pakistan - was likely just the tip of the iceberg. Girls purchased in Nepal for $ 400 were sold to brothels in India for up to $ 4,000. In Pakistan, there were documented cases in which the Pakistani military was forcing young women and children to work as sex slaves in brothels it operated. The Special Rapporteur had repeatedly called upon the States to not only take affirmative steps to prevent child trafficking, but also to provide support and protection to human rights groups engaged in combating child trafficking. Asian Legal Resource Centre wanted to know what steps the Governments of Bangladesh, India, Nepal and Pakistan should take to effectively halt and prevent the sale of children.
NICHOLAS MUSSO, of Worldwide Organization for Women, said the root causes of commercial sexual exploitation were many and varied, but they were familiar problems that had plagued the world for centuries. Problems such as poverty, unemployment and lack of education were compounded by the current global economic crisis to create an increasing sense of human insecurity for women and girls. This was a global problem: women and girls were sexually exploited for commercial gains in every economy. Child prostitution and child pornography had mushroomed into an extremely lucrative enterprise. Programmes were needed on a community level to improve assistance to child victims and their families, and resources were also needed to develop education and awareness for all members of the community. It was imperative that the Council, as an international body, join together to provide law enforcement agencies and communities the resources necessary to end the practice of criminal sexual exploitation. This crisis should be lifted to the status of the most pressing of human rights violations.
STEPHAN CICCOLI, of World Peace Council, said that throughout the world hundreds of thousands of children under 18 years were affected by child prostitution and the sale of children. Yet international law prohibited child prostitution and the sale of children. Girls were at particular risk of rape and other sexual violence. The international community was reminded that the United Nations Convention on the Rights of the Child was the most widely ratified human rights treaty in history; that there were an estimated 100 to 150 million street children in the world and this number was growing; and that the participation of children in prostitution acts was prohibited under international law. The accountability and righting against impunity for child right violations needed to be of utmost importance for the international community and there was a need for collective action to meet the emerging challenges relating to the protection of children rights.
CAROLINE SUSAN HAMES, of Global Alliance against Traffic in Women, in a joint statement with Anti-Slavery International, said that poverty and discrimination against marginalized groups lay at the heart of bonded labour. The Global Alliance shared the Special Rapporteur’s concern that bonded labour received too little attention by States despite its extensive presence globally and supported her call for comprehensive action to eliminate it. The Global Alliance highlighted a number of cases of debt bondage affecting those with whom their member organizations and allies worked around the world and asked the Special Rapporteur what work she planned to carry out with States in order to take forward the recommendations in her report.
VICTORIA PAIS DEMARCO, of Permanent Assembly for Human Rights, said there was concern for the persistent trafficking of persons in Argentina, in particular children for sexual purposes. One of the roots for the victims was Paraguay, Misiones, and the province of Buenos Aires. About 3,500 children were in a situation of sexual exploitation. Illegal migration, clandestinity and discrimination as well as the vulnerability of victims were all contributing towards the problem. There was an alarm for various situations in Argentina, including the kidnapping of child educators. The Government should ensure that necessary measures were taken to eliminate the trafficking of children and adolescents, and to ensure the protection of the rights of children.
Concluding Remarks by the Special Rapporteurs on Contemporary Forms of Slavery and on the Sale of Children, Child Prostitution and Child Pornography
GULNARA SHAHINIAN, Special Rapporteur on contemporary forms of slavery, their causes and consequences, said she would like to thank the Government of Haiti for its support during her visit and she looked forward to follow up on this process. The Special Rapporteur also thanked Brazil for its invitation and said she intended to visit Brazil, Italy, Romania and Uzbekistan. As for the questions raised, the Special Rapporteur noted that many speakers spoke about the data produced by the International Labour Organization. That data estimated that 12.3 million people were affected by modern slavery, but that only 20 per cent of these were victims of trafficking and others were victims of other forms of human rights violations. The Special Rapporteur encouraged those countries that had not ratified the international instruments in this field to do so. Slavery was an extremely dynamic issue which today expressed itself in the fields of economy, land possession and micro-credit, and there was a need for thorough assessment before taking action in this regard. Bonded labour was a form of slavery and a violation of human rights; having legislation in this regard was not enough – there remained a need for complementary programmes. The issues she raised should be seen as complex, multi-level issues of violations of human rights. As for the question regarding positive experiences, the Special Rapporteur answered by mentioning the example of Brazil which could become a model for other countries. Regarding the question of cooperation, the Special Rapporteur said her mandate clearly stated that mandates should not overlap, but it seemed that the theme of her report was clearly interlinked with others. With respect to another question, the Special Rapporteur in fact looked forward to cooperating with the Special Rapporteur on human rights and transnational corporations and other business enterprises. Finally, the Special Rapporteur stressed the importance of also addressing the issues of compensation and assistance to those in bonded labour when developing legislation. Brazil could again be seen as an example of best practices in this regard.
NAJAT M’JID MAALLA, Special Rapporteur on contemporary forms of slavery, in concluding remarks, said with regards to the issue of the participation of children, there were perfectly good examples of children's participation in certain countries which had created groups where children were consulted. To fight against pedo-porography on the Internet, States should ratify the relevant protocols and conventions, and adopt adequate legislation that was as broad-based as possible. With regards to an Optional Protocol linked to the Convention on the Rights of the Child which would include a complaints mechanism for children, this would in effect be judicious, but it should not obviate or cause neglect of the need to create local and national mechanisms for complaints for child victims. Internet service providers, banks and other private bodies should also be further implicated in the fight against the sale of children, child prostitution and child pornography.
Documentation
The Council has before it a note by the United Nations High Commissioner for Human Rights containing the report of the independent expert on human rights and international solidarity, Rudi Muhammad Rizki (A/HRC/12/27). The report is divided into three sections. In the first, the independent expert considers international solidarity as a principle of international human rights law; in the second, he deals with international solidarity in relation to the eradication of poverty; and in the third, he reviews international solidarity and cooperation in natural disasters and combating diseases. The independent expert highlights some elements of the scope, content and nature of obligations in the promotion and protection of the right of peoples and individuals to international solidarity. The independent expert concludes that there is adequate evidence of the existence of a principle of international solidarity and numerous global public values, policies and both hard and soft laws, followed in practice, which can support the construction of a normative framework for human rights and international solidarity and the emergence of a right of peoples and individuals to international solidarity.
Presentation of Report of the Independent Expert on Human Rights and International Solidarity
Rudi Muhammad Rizki, Independent Expert on human rights and international solidarity, presenting his report, said the report was divided into three sections: international solidarity as a principle of international law; international solidarity in relation to the eradication of poverty; and international solidarity and cooperation in natural disasters and combating diseases. International cooperation constituted the core of international solidarity, and third-generation rights set the context for international solidarity. Some elements of the scope, content and nature of obligations in the protection and promotion of the right to international solidarity were highlighted in the report, which was written against the backdrop of a globalising world faced by multiple crises, all closely related to the individual and collective actions of States and non-State Actors. The predicament faced by humanity as a whole reiterated and reinforced now more than ever the call for international solidarity. The hardest hit were the poor, developing and least developed countries, and underprivileged people in all countries.
International solidarity was a principle of international law. People's rights, solidarity rights or third-generation rights had become a legal norm and were embodied in both hard- and soft-law instruments. Instruments of law and policy reflecting international solidarity and cooperation were practically implemented by numerous acts of international cooperation that constituted evidence of practice of States and other stakeholders. International solidarity could guide the implementation and interpretation of human rights - the Council had referred to it as a right of peoples and individuals, which was a component of the right to a democratic and equitable international order. International solidarity was a fundamental purpose of the United Nations as evident in the Charter and emphasised by the General Assembly, and according to some interpretations, this imposed a legal obligation on Member States.
International cooperation rested on the premise that developing countries may not possess the resources for the full realisation of rights set forth in Conventions - there was therefore a shared responsibility for development met by States' national obligations and the obligations of international cooperation, facilitating global implementation. Poverty was the root cause of many of the world's problems, and solidarity was essential in combating both poverty and iniquity. International solidarity was a pre-condition for the attainment of the Millennium Development Goals and the realisation of the right to development, both key to the eradication of poverty. In conclusion, there was fertile ground to be further explored in the recognition of a right of peoples and individuals to international solidarity. International solidarity was essential to human dignity, the basis of human rights, and the key to survival of mankind's common future.
Right of Reply
MESBAH ANSARI (Iran), speaking in a right of reply on statements made concerning the recent presidential elections in Iran, said that the unbalanced and biased vision towards country situations in the world had led to stereotyping of the situation in Iran, while there were a lot of very alarming human rights situations across the world including among European Union countries. Negative approaches and political motivations deprived one from gaining a balanced and constructive attitude towards human rights. The calls for the release of detainees involved in the events subsequent to the elections without mentioning due process of law showed a non-constructive approach which needed to change. Iran rejected the allegations made by United Nations Watch earlier today and reminded the Council of the pertinent rules of procedure.
FARIS AL-ANI (Iraq), speaking in a right of reply, said that the Ashraf camp was in Iraq and Iraq had sovereignty over it. This was rejected by some people in the camp. During one such incident, some residents of the camp had attacked Iraqi forces and this meant that Iraqi forces had had the legitimate right to defend themselves. The Constitution of Iraq did not allow foreign political organizations to operate on Iraqi territory. Iraq refused the presence of the organization in question as its members had been expelled earlier from the country. Iraq wished to guarantee the safety of those in its camps and was prepared to move them to third countries which accepted to host them. This could be done according to international agreements.
U.L.M. JAUHAR (Sri Lanka), speaking in a right to reply, said Sri Lanka regretted the intemperate attitude of some non-governmental organizations. Recovering from the conflict and decades of terrorism was a difficult task, and Sri Lanka's record was better than most. Sri Lanka looked forward to overcoming these difficulties, and deplored the slight of hand in describing the situation so that facts were lost sight of. Human Rights Watch had been up to its old tricks, when the basic problem was expediting the return of the displaced whilst ensuring security. This was not easy, and Sri Lanka did not appreciate efforts to stampede it. The Special Rapporteur's recognition of security considerations whilst suggesting methods for expediting release had been very helpful. Sri Lanka had to make its own plans, since the security of its citizens was its own responsibility. Sri Lanka hoped that consultations with the relevant authorities would make clear the seriousness of the problems of landmines, which the LTTE had liberally strewed. Pitch could not be touched without being defiled, and Sri Lanka hoped that a study of the records of Human Rights Watch's members would help it to clear its name. The judicial process in Sri Lanka was still open.
HABIB MIKAYILLI (Azerbaijan), speaking in a right of reply, reminded the Council of the words of the High Commissioner that no country was immune from human rights violations. As much as Azerbaijan valued the contribution of non-governmental organizations to the work of this Council, it had to reject the allegations made by some of them earlier today as they did not reflect the truth.
BADRIDDIN OBIDOV (Uzbekistan), speaking in a right of reply, responded to the statements made by two non-governmental organizations (NGOs) that had taken the floor this morning to speak about the situation in Uzbekistan. These NGOs singled out Uzbekistan on a subject not related to the report of the High Commissioner. Further, the allegations they had brought forward were not born out by any facts. Uzbekistan had been implementing measures for the establishment of civil society organizations, charities and other organizations, and it also implemented programmes for the country’s democratization. Since the 1990s there was in fact a trend of increasing numbers of NGOs and today there were over 5,000 registered NGOs in the country. There was also a decision taken in July 2009 on measures aimed at strengthening support to NGOs.
SELMA MALIKA HENDEL (Algeria), speaking in a right of reply, said Tinduf was in Algeria, and therefore Algeria was responding to the statement made by Morocco, a brotherly and neighbourly country, which should be better represented by not making such aberrations in their statements. The High Commissioner for Refugees had visited the Tinduf camp, and had not noted any of the situations claimed by Morocco. The Saharawi refugees only wanted to claim their legitimate right to self-determination. The international community had been kept abreast of the truth. Given the appeal made about trafficking in persons, it would be very interesting if all of the Special Procedures could urgently deal with the violation of the rights of the Saharawi people in the Western Sahara, who had been peacefully fighting for their right to self-determination during more than three decades of occupation.
OMAR RABI (Morocco), speaking in a right of reply, said that camp Tindouf was in Algeria and it was the responsibility of the Algerian Government to provide protection for the population living in the camp. If Algeria felt concerned about Tindouf, it should also shoulder its responsibilities under the international human rights and humanitarian law. The issue of the Sahrawi people was used by Algeria for political reasons. Regarding the report made about Tindouf camp by journalists from Australia, Morocco asked why were they imprisoned by the polisario and why was their film taken. They were released only after the United Nations intervened. It was regrettable that Algeria was more concerned about defending the polisario than about implementing its obligations to protect the inhabitants of the camp.
For use of the information media; not an official record
HRC09103E