COUNCIL CONCLUDES DISCUSSION ON ENFORCED OR INVOLUNTARY DISAPPEARANCES, TAKES UP THEMATIC ISSUES

The Human Rights Council this morning concluded its discussion of the report of the Working Group on enforced or involuntary disappearances and then debated various thematic issues raised earlier in the week including freedom of religion and the rights of children, women, minorities, migrants, indigenous peoples and internally displaced persons.

In the context of the discussion of the report of the Working Group, delegates raised such issues as the responsibility of the State in protecting and promoting the human rights of all its citizens, but noted it should be taken into account that countries normally contended with a complex situation involving a variety of perpetrators of disappearances, which sometimes ended in killings. As many countries emerged from conflict, delegates suggested it would be useful for the Council to revisit the situation in its broader context in light of recent experience, for no legal argument could justify the maintenance of circumstances wherein the killing of innocents would continue, if there was an alternative option to stop the killing.

Under thematic issues discussed earlier, delegates raised a wide range of issues, including freedom of religion, and the human rights of children, women, minorities, migrants, indigenous peoples and internally displaced persons. The principles of universality and non-discrimination required that these issues be addressed, delegates said. On the rights of the child, the Council was urged to seek to promote increased advocacy and accountability through its procedures, deliberations and resolutions in this regard, and in particular the human rights system should continue to play a strong role in efforts on the ground to protect the rights of children affected by war. On violence against women, delegations strongly condemned the practice of honour killings, and legislation favouring those guilty of such heinous crimes, urging that this practice should be actively discouraged. There was also deep concern for the situation of women in armed conflict; the use of rape as a tool of war was totally unacceptable and no amount of humanitarian assistance could overcome the serious after-effects of such cruel treatment.

Delegations also urged the adoption of conventions, including the Declaration on the Rights of Indigenous People, which, they said, would be a great instrument to enhance the rights of indigenous peoples. Other delegations raised the issue of the Convention on the Protection of All Migrant Workers and their Families, saying that it was important to include a human rights perspective in all migrant issues dealt with at a global level.

The discussion on thematic issues was scheduled to be taken up again on Wednesday, 28 March in the afternoon.

Speaking this morning were Algeria, the Russian Federation, Yemen, Nepal, Philippines, Mexico, Democratic People's Republic of Korea, Canada, Argentina, Peru, Thailand, Germany for the European Union, the Netherlands, Finland, Mexico, Peru, Holy See, Sovereign Order of Malta, Tanzania, Chile, Australia, Norway, Armenia, Spain, and Colombia.

Speaking in right of reply were Morocco, Japan, Algeria, Democratic People's Republic of Korea, Thailand, Iran, Turkey, and the Philippines.

Also speaking were : Mouvement contre le racisme et pour l’amitié entre les peuples, International Commission of Jurists, Amnesty International, Interfaith International, Cairo Institute for Human Rights Studies, Dominicans for Justice and Peace, Asian Legal Resource Centre, Baha'i International Community, World Population Foundation, Center for Women's Global Leadership, Indian Movement «Tupaj Amaru», Indian Council of South America, Franciscans International, Human Rights Watch, Netherlands Centre for Indigenous Peoples, Foundation for Aboriginal and Islander Research Action, International Human Rights Association of American Minorities, International Buddhist Foundation, International Islamic Federation of Student Organizations, Amnesty International, Colombian Commission of Jurists, and Union de l'action féminine.

The next meeting of the Council will be at 3 p.m. this afternoon, when the Council is scheduled to take up the agenda item on the implementation of General Assembly resolution 60/251 of 15 March 2006 entitled “Human Rights Council”, under which it will hear the presentation of reports by the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967, by a member of the high-level fact-finding mission to Beit Hanoun, and by the Special Rapporteur on the situation on human rights in the Democratic People’s Republic of Korea, which will be followed by an interactive debate.

Interactive Dialogue on Report of Working Group on Enforced or Involuntary Disappearances

IDRISS JAZAIRY (Algeria) said the report indicated 31 newly-reported cases in Algeria, and this could give the false impression that lawlessness prevailed today in Algeria: these were in fact new indications on alleged disappearances during the Dark Decade of the nineties, when tens of thousands of individuals disappeared at the hands of terrorist groups, who were successful in presenting themselves as the innocent victims of human rights violations by State agents. There was no amnesty in Algeria as people, whomever they were, found guilty of rape, bombing in public places, or assassination would not escape the rigours of the law.

The wound inflicted by terror attacks could not be left bleeding indefinitely. As many countries emerged from conflict, it would be useful for the Council to revisit the situation in its broader context in light of recent experience from Algeria to Uganda, Afghanistan, and, some would say, Iraq, for no legal argument could justify the maintenance of circumstances wherein the killing of innocents would continue if there was an alternative option to stop the killing. Not all situations of civil strife and violence were similar, there were at least two broad categories: where violence had erupted as a result of the State oppressing its people; and where Nations came under attack by terrorist groups. Ultimately, the responsibility of States was to their people; they, and none other than they, had to make hard choices to save lives, regardless of the clamour beyond their borders.

NATALIA ZOLOTOVA (Russian Federation) said this area of work of the Council was of great significance and the Russian Federation was cooperating with the Working Group on enforced or involuntary disappearances. Law enforcement in Russia was looking at disappearances there but there were a number of objective factors that impeded progress. Significant decreases were reported in the Caucasus. In 2000 the Working Group said 147 cases had been recorded, and in 2006 there were only five. The Working Group had asked to visit the Russian Federation and timing would be agreed upon later. Mass media reports suggested there were disappearances in Iraq and Afghanistan and mass burials had been detected, yet the past year Working Group did not study enforced disappearances in these countries. Was it because there were no non-government organizations or civil society to inform the Working Group of cases? Did this indicate that the countries were in a difficult situation that escaped any law enforcement monitoring. What would the Working Group propose with regard to these countries.

MANAF AL SALAHI (Yemen) thanked the Working Group on enforced or involuntary disappearances. Yemen had worked with transparency and seriousness with the Working Group. It had met the mission of the group to find means of solving this humanitarian matter. Yemen had carried out efforts to set up a committee to study and work on every case it heard of and it had reached satisfactory results. The Government had then sent those results to the Working Group. Yemen affirmed that it would continue to cooperate with the Working Group on enforced disappearances and also other Working Groups to enhance the protection of human rights.
BHARAT RAJ PAUDYAL (Nepal) said that cases referred to in the report dated from before the political change in the country and there were no disappearances after April 2006. The report of the Working Group on enforced or involuntary disappearances did not reflect this changed situation. The Government was working to resolve cases of disappeared persons and both the Government and the Nepal Communist Party had committed to make public the status of those missing. A taskforce constituted by the Supreme Court was investigating some of the alleged cases and a report would be delivered soon. Many cases seemed to be due to improper recording of releases and detentions. Systematic efforts had been made to inculcate human rights values within the security services. Clear directives had been issued to them and their training included a human rights package. Any individual aberrations were taken very seriously. Nepal had viewed the merit of the report in the light of the changed context and new allegations of disappearance had ceased to exist.

NOEL E. SERVIGOV (Philippines) said the report’s format, which presented the roots of the phenomenon of disappearances in particular countries, as well as what these countries were doing to address the issue, could lend itself well to identifying and exchanging best practices among States in their efforts to solve the problem of disappearances. The State had the primary role in protecting and promoting the human rights of all its citizens, but it should be taken into account that countries normally contended with a complex situation involving a variety of perpetrators of disappearances, which sometimes ended in killings.

The Government of the Philippines was committed to addressing the cases presented in the Working Group’s report, and was exerting its best efforts to ascertain the fate and whereabouts of the persons listed as disappeared. Urgency would be given to recent reports, as fresh information could yield greater chances of tracing the concerned person’s whereabouts, however, the majority of the cases reported in the Philippines occurred three and almost four decades ago. The Working Group would be furnished with current information on the bills in the Philippine Congress on disappearance.

JOSE GUEVARA (Mexico) welcomed the report of the Working Group on enforced or involuntary disappearances. Mexico recognized the excellent work carried out by the Working Group. The clarification of nearly 3,000 cases in November 2005 and 2006 was evidence of the importance of that mechanism for the relatives and the victims of enforced disappearance. Mexico also welcomed the opening for signature of the International Convention on the Protection of All Persons from Enforced Disappearance. Mexico asked if the Special Rapporteur could share some thoughts on how the mechanisms could be implemented.

CHOE MYONG NAM (Democratic People's Republic of Korea) said the report of the Working Group on enforced or involuntary disappearances was regrettable, as the positions and concerns of the Democratic People's Republic of Korea were not reflected therein, despite its efforts to fulfil its obligations under the Japan-Democratic People's Republic of Korea agreement. This case was unfortunately being described as outstanding in the report, as Japan was abusing it for political purposes, as part of its hostility towards the Democratic People's Republic of Korea. This was an obstacle to the work of the Working Group, and the delegation hoped the Working Group would see beyond the Japanese purposes on the abduction case, and formally reject it.

JOANNE LEVASSEUR (Canada) said those responsible for enforced disappearances should not go unpunished. The Working Group had for a long time been interested in amnesty laws in some countries, and Canada noted that the report referred to the circumstances in which these laws were violations of the Declaration on the Protection of All Persons from Forced Disappearance. In last year’s report, the Working Group had said that certain post- conflict situations led to the adoption of these amnesty laws and other measures that permitted impunity, and these concerns over amnesties were reiterated in this report. Canada asked for further elaboration on these concerns.

Had the Working Group received a response concerning the request to visit Sudan, Canada asked. In Sir Lanka there were still over 5,000 cases outstanding. The report also mentioned more recent cases in the north east of the country. How could the international community assist the Working Group in investigations, enforcement and justice, and what role could it play in support of the National Commission of Enquiry

ALBERTO J. DUMONT (Argentina) expressed its satisfaction with the adoption of the International Convention for the Protection of All Persons from Enforced Disappearance in December 2006 by the General Assembly. Argentina signed the Convention in February this year. It affirmed its permanent cooperation with the Working Group and wanted to repeat the invitation for the Working Group’s regular session to take place in 2008 in Buenos Aires. The Working Group report mentioned the case of the intimidation of human rights defenders in Argentina. The country wanted to announce that a systematic search had been made by the judicial police and that a joint committee had been established. A public reward of 200,000 pesos increased to 400,000 had been announced as well. Nobody had been charged in this connection yet. The Government had also adopted a programme for the protection of witnesses. A national plan was established to provide assistance to victims, to remedy the effect on witnesses and to strengthen the struggle against impunity.

EYNARD ZEVALLOS AGUILAR (Peru) said for almost twenty years, Peru had suffered a serious internal conflict, of which it was still suffering the consequences. With the return of democracy, Peruvian society felt the need to overcome the past, and had set up a Truth and Reconciliation Commission, with the objective of building up a broad picture of the events of the past. The identity of those disappeared was now known, with a real possibility of knowing their fate. There was no amnesty law in Peru today, and those who were responsible for the acts of disappearance were prosecuted, and reparation was given to the relatives.

The Government was committed to submitting cases to the Working Group and cooperating fully with it, and to ensure that cases of disappearance did not result in impunity or in neglect.

PITCHAYAPHANT CHARNBHUMIDOL (Thailand) said that the Government of Thailand had investigated every case of suspected disappearance that had been reported to the Thai authorities, without delay or exception, transparently and in accordance with the law. Thai authorities were ready to offer necessary assistance to any relatives of disappeared persons affected by alleged intimidation – including special protection if required – to ensure their safety.

GIANFRANCO FATTORINI, of Mouvement contre le racisme et pour l’amitié entre les peuples, in a joint statement on behalf of Asian Indigenous and Tribal Peoples Network, Asian Forum for Human Rights and Development, Society for Threatened Peoples, International Fellowship of Reconciliation, Interfaith International, France Lbiertes-Fondtion Danielle Mitterrand, Pax Romana, International Educational Development, International Federation for the protection of the Rights of Ethnic, Religious, Linguistic and other Minorities, Transational Radical party, nonviolence International, Women’s International league for peace and Freedom, Femmes Africa Solidarites and Commission africaine des promoteurs de la sante et des droits de l’homme, said that the enforced disappearance since 1995 of Gedhun Choekyi Nyima, the eleventh Panchem Lama of Tibet, was a continuous crime. Tibetans and followers of Tibetan Buddhism remained deeply concerned about the whereabouts, well-being and fate of this boy. Therefore, the organization wished to know why the report of the Working Group failed to consider a renewed urgent intervention on this case.

LAILA KARIMI, of International Commission of Jurists, said in Sri Lanka, allegations of disappearances in Colombo and the north and east of Sri Lanka continued to be received, and the Government should invite the Working Group to visit the country. In Thailand, allegations of disappearances in the three southern border provinces and in the north and northeast also continued to be received. The Working Group should visit Nepal to assist in dealing with past disappearances. The Colombian Government should comply with the recommendations of the Working Group following their visit in July 2005. All Member States of the United Nations should ratify and adopt the International Convention for the Protection of All Persons from Enforced Disappearance, reaffirming their commitment to eradicate this heinous crime.

PETER SPLINTER, of Amnesty International, asked what, in light of the large number of unresolved cases in Sri Lanka and the limited capacity of the National Commission of Enquiry there, could be done to protect the Sri Lankan population from disappearances and to investigate those disappearances and human rights abuses that had taken place. Amnesty International welcomed the Sri Lankan Government’s readiness to host a visit by the Working Group but hoped the visit would take place sooner than planned. The Working Group had noted that the Government needed to do more to clarify past cases and ensure a strong system of rule of law for the pursuit of truth and justice. Were there examples of measures that could be taken in this regard? Amnesty International asked what the Human Rights Council could do to deal effectively with intimidation and reprisals against human rights defenders, legal counsel and witnesses and relatives of disappeared persons.

VISUVALINGHAM KIRUPAHARAN, of Interfaith International, said that since the Working Group on enforced or involuntary disappearances had been established in 1980, it had been doing valuable work in countries in conflict, under dictatorship and in other situations. The Working Group was undertaking an important task in Sri Lanka. Sri Lanka had once again reached the position of the country with the second highest rate of disappearances, exceeded only by Iraq. Interfaith International asked what immediate remedies was the Working Group proposing for Sri Lanka to stop the ongoing abductions and disappearances happening there.

General Debate on “Related Issues”

MARTIN HUTH (Germany), speaking on behalf of the European Union, said both the Representative of the Secretary-General on the human rights of internally displaced persons and the Chair of the Working Group on enforced or involuntary disappearances had said they wished to visit Sri Lanka, and the Government of that country should allow this, so that they could improve the situation through cooperative dialogue. The European Union was also concerned about the situation of the Baha’i. With regards to violence against women, the European Union strongly condemned the practice of honour killings, and legislation favouring those guilty of such heinous crimes. This practice should be actively discouraged. There was also concern for the treatment of women’s rights activists in Iran, and the arrest of women taking place during peaceful demonstrations. Iran should respect its human rights obligations under international human rights treaties.

SUZANNE DE GROOT (Netherlands) said the situation of women in Afghanistan was a concern. Discrimination and violence against them continued and early enforced marriage and bartering of young girls was also ongoing. The Netherlands called on the Government of Afghanistan to implement the recommendations of the Special Rapporteur on violence against women. The Netherlands was also concerned by ongoing intolerance towards lesbians, gays and transgender individuals. Human rights violations based on sexual orientation, including rights to life and freedom, and prohibitions of torture, continued. The principles of universality and non-discrimination required that these issues be addressed.

LASSE KEISALO (Finland), in a joint statement with Denmark, Iceland, Norway and Sweden, said that the Declaration on the Right of Indigenous People would be a great instrument to enhance the rights of indigenous people. A significant step was taken with it. It would hopefully be regarded as a turning point. The Declaration was a political document and the result of more than ten years of hard work. The effective participation of governments and indigenous people made it possible. Many compromises had to be made. The Special Rapporteur on the situation on human rights and fundamental freedoms on indigenous people was thanked for his efforts.
He had contributed to the improvement of the rights of indigenous people. The Nordic countries also viewed the role of the High Commissioner as crucial for the protection of indigenous people worldwide. Finland affirmed that the Nordic countries attached great importance to the rights of indigenous people. Indigenous issues should continue to be a major concern of the Human Rights Council and its machinery. The effective participation of indigenous people at the work of the Human Rights Council must be ensured.

JOSE GUEVARA (Mexico) said Mexico attached great importance to the rights of indigenous peoples, and attached even more importance to the Declaration on the Rights of Indigenous People which had been adopted by the Council. Mexico had projects, as suggested by the Special Rapporteur on the rights of indigenous peoples, and was running these under the auspices of the Office of the High Commissioner for Human Rights, with the implementation of the actions and recommendations of the Special Rapporteur. A dialogue would be launched between the Government and civil society on the implementation of these recommendations.

A study put forward recommendations on how to improve the administration of justice for indigenous peoples in Mexico, including the application of indigenous norms, due defence, and the right to an interpreter. Mexico also attached prime importance to the human rights of migrants and their family members, and recognised the contribution of the United Nations agencies on backing up Mexican work on defending the rights of migrants. All States which were not Party to the Convention on the Protection of All Migrant Workers and Members of Their Families should accede to this document. It was important to include a human rights perspective in all migrant issues dealt with at a global level.

ALEJANDRO NEYRA (Peru) said Peru supported the remarks of Finland and Mexico concerning the commitment to approving the Declaration on the Rights of Indigenous Peoples in the General Assembly. The Declaration was an obligatory reference point in the system and the issue deserved to be followed through and remain firmly on the agenda. This was a priority for many Latin American countries and also for the overall system. Mechanisms and mandates for the Special Rapporteur on indigenous peoples should be maintained and strengthened.

SILVANO TOMASI (Holy See) said the Holy See appreciated and fully supported the openness of the new Council to uphold the universal vision of human rights protection. A major contribution of the Council was an approach that was inclusive and consistent with existent provisions in human rights instruments and declarations that clearly supported, among other rights, freedom of religion, of expression, of conscience, of worship in private and in public, and respect of religious convictions for believers of all faiths and for non-believers alike. Respect of the rights and dignity of others should mark the limit of any right, even that of the free expression and manifestation of one’s opinions, religious ones included.

Respect for the human person and his or her dignity implied respect of his freedom in religious matters to profess, practice and publicly manifest one’s religion without being mocked, injured or discriminated against. A really democratic state valued religious freedom as a fundamental element of the common good, worthy of respect and protection, and created the conditions to allow its citizens to live and act freely. A comprehensive approach, that saw respect of religion rooted in the freedom that every human person was entitled to enjoy in a balance of rights with others and with society, appeared as a reasonable way forward.

MARIE THERESE PICTET- ALTHANN (Sovereign Order of Malta) said the report of the Special Rapporteur on violence against women provided the Council with a welcome opportunity to focus on the widespread violations of women’s rights. The elimination of poverty was important in relation to human rights and human dignity. There was deep concern for the situation of women in armed conflict; the use of rape as a tool of war was totally unacceptable and no amount of humanitarian assistance could overcome the serious after-effects of such cruel treatment. Legislation that foresaw the punishment of violence against women and children needed to be followed up, and it was hoped the Special Rapporteur would encourage the authorities to give their full attention to this issue.

The High Commissioner was also thanked for her report on Palestinian women giving birth at Israeli checkpoints; when the movement of civilians was seriously impeded and access to the hospital became difficult due to roadblocks and checkpoints, the patients’ health was in danger. The annual reporting cycle in respect of this issue should be upheld by the Council.

MWENDWA MALECELA (Tanzania) said the Special Rapporteur on the rights of indigenous peoples had misrepresented the situation in Tanzania. Tanzania refuted claims that it had plundered ancestral lands of the most marginalized and vulnerable in the Ngorongoro Conservation Area. It had tried to balance rights of inhabitants and environmental preservation, and natural resources and wildlife facing threats due to uncontrolled activities. National land policy was based on certain principles: recognition of land rights of marginalized communities; fair and prompt compensation; and adjudication in special land tribunals. These principles supported minority rights. In addition, the Government had introduced affirmative action in secondary and higher education, economic generation programmes such as cultural tourism, a commission for human rights and good governance with powers to redress concerns and compensate victims of human rights violation, and improved social services close to nomadic areas, all of which supported the rights of the indigenous people.

XIMENA VERDUGO (Chile) thanked the Special Rapporteur on violence against women for her report. The Secretary-General’s report was also welcomed. Treaty bodies had made numerous recommendations to States to ensure the non-discrimination of women and to protect their rights. Those recommendations should be implemented as soon as possible. Countries should apply policies nationally to promote and protect the rights of women. Girls and women must be given all opportunities to live their lives in dignity and enjoy all of their freedoms. Concerning the Human Rights Council, Chile believed that it was vital to adopt a gender-perspective. Chile would promote the adoption of a draft resolution on the rights of women to become an integrative part of human rights within the United Nations system.

BRIGID RICE (Australia) welcomed the recognition of the Representative of the Secretary-General on internally displaced persons of the complexities of recognizing how and when internally displaced persons were no longer considered in need of assistance and protection. These had important operational implications for the UN Refugee Agency and others. Australia also felt the report by the Special Rapporteur on the sale and exploitation of children and child pornography provided useful sources of information on tried and tested approaches. It welcomed further ratifications of the Optional Protocol to the Convention on the Rights of the Child, and developments aimed at tackling child sex tourism such as that supported by the United Nations Children’s Agency in Sri Lanka. Australia said it would be interested in the Special Rapporteur’s assessment of the existing range of legislation to address child sex tourism and his views on gaps and weaknesses

JONAS JOLLE (Norway) said Norway firmly supported the recommendations of the Secretary-General’s study on violence against children, and this had inspired the Nordic countries to strengthen their efforts to prevent and respond to violence against children, in partnership with civil society. The human rights system should continue to play a strong role in efforts on the ground to protect the rights of children affected by war. The Council should seek to promote increased advocacy and accountability through its procedures, deliberations and resolutions.

There was an increasing awareness of the need for the Council to examine how it dealt with the rights of the child. The Special Rapporteur on the sale of children, child prostitution and child pornography had alerted the Council to this need; non-governmental organizations were calling for a more holistic approach to promoting and protecting the rights of the child. The ongoing review of the Special Procedures provided an opportunity to strengthen the procedures in this regard, with the aim of filling any protection gaps that affected children.

ZOHRAB MNATSAKANIAN (Armenia) said that Armenia attached significant importance to the issue of the promotion of the rights of minorities. Protection of minority rights should constitute one of the fundamental elements for prevention of crimes on a massive scale. For Armenians, the protection of minority rights was far beyond the merely political and legal context, it had been an issue of security and identity. Following the break up of the Soviet Union, Armenia had witnessed a significant decrease of its own minority population. Sensitive to the issue of minority rights and eager to promote effective domestic mechanisms through international cooperation, Armenia had joined the Council of Europe Framework Convention on the Protection of National Minority Rights well before becoming a member of the Council of Europe in 2001.

Armenia was one of the few countries to have signed the Convention without reservations. At present Kurds, Assyrians, Greeks, Russians and Ukrainians enjoyed the status of national minorities in the country with all deriving rights and benefits. Armenia hoped that effective measures would be taken to address the feelings of insecurity among the Armenian population in Turkey and ensure protection of their community institutions, leaders and intellectuals. The country remained committed to initiating a genuine and sincere dialogue on all contentious issues between Armenia and Turkey in order to promote normal neighbourly relations between the two countries for the benefit of their peoples.

MARIA DE LOS REYES FERNANDEZ BULNES (Spain) said with regards to migration, this was a complex issue, which was a multidisciplinary phenomenon, which impacted on a wide range of areas, including education, legislation and inter-cultural dialogue. Spain was currently a country of transit and of destination, and this unprecedented fact required a joint effort from Spanish society as well as from immigrants who sought to integrate. The necessary adjustments should be made to make public systems, including health, able to cope, whilst meeting social needs. Spain was making numerous efforts in this area.

On indigenous issues, Spain hoped the General Assembly would adopt the Declaration on the Rights of Indigenous People during the current session, as it resulted from compromise efforts over a prolonged length of time. The Conventions on the Rights of Persons with Disabilities and for the Protection of All Persons from Enforced Disappearance were issued from similar efforts, and should be widely adopted by Member States.

TOMAS CONCHA (Colombia) said the National Commission for Missing Persons in Colombia consisted of departments of the State and of victims’ relatives and civil groups. They had made possible the adoption of standards and a single registry of persons, as well as the training for law enforcement officials, armed forces, and staff of the Prosecutor’s office. It had been funded through budgetary provisions for the National Institute on Forensic Medicine. A search-and-locate plan had been set up with the aim of finding the whereabouts of missing persons through systematising information, identification of the disappeared, and locating the whereabouts of their remains and relatives.

MOHAMMED BESSEDIK (Algeria) said Algeria wanted to come back to the report on internally displaced persons. Algeria stressed the need for consistency in texts written in English and French. This matter had been discussed in the United Nations Refugee Agency. In English the problem was less strong with the term of “internally displaced persons”, but in French only the term “displaced persons” was used. A distinction between those to concepts must be made. Algeria wanted clarification about the paragraph stating the role of the United Nations High Commissioner for Refugees concerning displaced persons. Algeria wanted to know what was understood by this paragraph.

Concerning the role of the United Nations High Commissioner for Refugees in field activities, this had been discussed with the United Nations High Commissioner for Refugees already. Algeria wanted to stress that that approach should undergo a review by the end of the year and the need was emphasized to make a distinction between the protection of refugees and displaced persons. In this connection, the clarification of another term was asked, concerning one of the emergency situations. Algeria wanted to know more about the precise complexity of those situations.

JEREMIE DWIGHT SMITH, of Cairo Institute of Human Rights, said the Special Rapporteur on violence against women had reported eloquently on the horrific impact of violence against women in conflict, and as the debate continued, thousands of women in Darfur faced continuous threats of sexual violence. The Council should not delay in addressing the suffering of the people in Darfur: the world was watching as the Council took up the issue. The Council should adopt a strong resolution which took note of the high-level mission report, and take action on the recommendations therein. This would be a small but much-needed step towards addressing grave human rights abuses in Darfur, and the failure of the Government to meet its obligation to protect its citizens.

PHILIPPE LEBLANC, of Dominicans for Peace and Justice, said there were approximately 1.8 million internally displaced persons in Iraq. There were an estimated 100,000 Iraqis leaving the country each month. Syria and Jordan had shown openness in welcoming refugees, but services were becoming overwhelmed. The international community through the United Nations should seek ways to provide food clothing and shelter, as well as medical and educational provisions, to Iraqi refugees in neighbouring countries. Western countries should open their doors to Iraqis seeking security abroad, and UN refugee services should seek support from the international community to provide basic services for displaced Iraqis living in other regions of Iraq. The long-term reconstruction of Iraq should be tackled with the utmost seriousness.

MICHAEL ANTHONY, of Asian Legal Resource Center, said in a joint statement that it was concerned in particular by the lack of cooperation of States with the work of the Special Procedures. Asia was the scene of many of the world’s forced disappearances. Of particular concern here was that several leading violators represented Asia in this Council, which seriously undermined this body in its infancy. The Member States of the Council must cease their practice and denial of disappearances, and accept and act upon their responsibility to investigate and prosecute all perpetrators, and ensure adequate reparation to the victims and their families.

SUSANNE TAMAS, of Baha’i International Community, said last year an Egyptian Administrative Court had adopted a landmark ruling in favour of Baha’i plaintiffs, upholding their right to obtain identity cards that did not misrepresent their religious affiliation. This was part of an ongoing crisis over efforts to deny identity cards to the minority in Egypt, and was a tribute to the independence of the judges of that Court, and Egyptian human rights groups immediately hailed the decision. But ultimately it did not lead to the issue being resolved. The Government appealed the ruling, and the Supreme Court upheld the Government’s position, once more denying the Baha’i their legitimate rights.

BABU GOGINENI, of World Population Foundation, said the practice of child marriage was all too prevalent. Pregnancy and childbirth in young girls posed great risks to their physical and psychological health and welfare and thousands of young girls were dying as a result. The World Population Foundation called on all States to implement fully all human rights conventions, rectify legislative loopholes between civil, customary and religious marriages, raise awareness on child marriage, raise the legal age of marriage to 18 and promote gender equality and the rights of girls and young women to education.

CHARLOTTE BUNCH, of Centre for Women’s Global Leadership, said that the Centre had always worked for the full integration of gender in the United Nations system. The work of achieving human rights for all had always meant making changes to existing cultural systems. Cultural was a factor in violence against women and must be investigated. The gun-culture in the United States was often a cause for domestic violence against women. The Human Rights Council should discuss by 2008 the question of violence against women. A firm commitment from the Council for gender questions was asked.

KIM WOO KI, of Indian Movement Tupaj Amaru, said with regards to the reports and resolutions adopted by the Council, including on violence against women and the related military sexual slavery by Japan, the Government of Japan had said that although the recommendations stressed the need for the Government to acknowledge responsibility, the Government did not do so. It had also refused to disclose information. It had refused to make a public apology, and had rejected legal responsibility and the liability to make compensation. It had not punished perpetrators, nor had it identified them. The Council should adopt a resolution, urging the Government of Japan to implement these recommendations.

RONALD BARNES, of Indian Council of South America, encouraged the Human Rights Council to continue institution building without selectivity. A Canadian elder who died while under arrest in Western Canada was honoured by the Indian Council and Canada should honour its obligations with indigenous peoples. There should be recognition in good faith of all such agreements. Alaska was never de-colonised and the United States committed crimes against humanity in its treatment of the peoples there. The Human Rights Council recently called on the United States to address the discriminatory application of law in Alaska and resolve the issue of permanent trusteeship for Alaska, where the United States still evoked “discovery title” in its claims over the territory. The term best practice tended to signify insignificant and incomplete standards and in many cases the Special Rapporteur, in his report, found not “best practices” but only “good intentions”.

LILANA URIBE, of Franciscans International, said that in Colombia more than three million were internally displaced persons. They did not enjoy a proper status because the Government denied it to them and the authorities considered themselves not responsible for the displacement. The displacements were often caused by military activities. Military intervention was given priority. In Mr. Kalin’s visit to Colombia, he observed a discrepancy, which was mentioned in his report. The scale of displacement showed that the problem of internally displaced persons was still not properly addressed. There was a discrepancy between legislation and practice. There was no guarantee of truth justice either.

SEBASTIEN GILLIOZ, of Human Rights Watch, said culture was often disingenuously used as a justification for inadequate government policies, laws and programmes for the prevention and punishment of violence against women. Cultural expressions were no less static than violence against women was inevitable. There was particular concern for the worsening human rights situation in Iran, and the Human Rights Council should consider how to intensify its efforts to address the situation. Gender mainstreaming and integrating the human rights of women into all human rights work had become a priority in most United Nations processes, and the Council should be part of this important process, and consider how it could best integrate a substantive concern for the human rights of women into all its work, and how it could most effectively address the human rights violations that happened mostly or exclusively to women and girls.

RITOLDA DALARY, of the Netherlands Center for Indigenous Peoples, said the Centre fully supported the recommendations of Professor Stavenhagen, and noted deficiencies in collaboration from the Philippine Government, which had manifestly displayed discrimination against the indigenous peoples of the Philippines. The Human Security Act of the Philippines would further undermine the rights of the indigenous peoples of the country. The Centre appealed to the Human Rights Council to establish a country Rapporteur to ensure follow-up to the various recommendations of Special Rapporteurs’ in the Philippines, and to review the participation of the Philippines in the Council taking into account its human rights record in relation to indigenous peoples.

LES MALEZER, of Foundation for Aboriginal and Islander Research Action, said that the situation of human rights of indigenous people continued to be extensively violated despite over two decades of consideration in the United Nations. It was unfortunate that the United Nations had this year failed to introduce a General Assembly resolution calling for States to address the breaches of human rights of indigenous peoples and action through the various programmes and mechanisms of the United Nations. The Human Rights Council was called upon to continue to emphasize the need to address abuses of human rights against indigenous peoples.
UZERA SHAN, of International Human Rights Association of American Minorities, said more than one million Indian soldiers were involved in Kashmir in order to suppress the basic human rights of the Kashmiri people, including the right to life, liberty, and freedom of expression. The security forces used wide powers, and laws contrary to all international human rights standards which allowed long-term detention of civilians, without any right to representation. There were also countless cases of disappearances and killings committed by the security forces, causing irreparable losses to thousands of Kashmiri families. These inhuman practices should cease, in conformity with international humanitarian law.

DOUGLAS WICK RAMARAINE, of International Buddhist Federation, said the Federation was pleased that a Special Rapporteur would be visiting Sri Lanka. It was hoped that all internally displaced persons would return to their homes once the Tamil Tiger terrorists were driven out of the area. Already, internally displaced persons were starting to return in the east. The plight of kidnap victims of the LTTE was not receiving attention. They were subjected to inhuman and barbaric treatment. There were also thousands of Singhalese and Muslim Sri Lankans expelled by a policy of ethnic cleansing in parts of the country and they were prevented from returning. Sri Lanka should be supported in her attempts to eradicate terrorism, which was the root cause of internal displacement in Sri Lanka.

SABA KOURAB W., of International Islamic Federation of Students Organizations, said that violence against women constituted a great crime. All crimes and forms of violence against women were committed with impunity. The women of Kashmir were looking up to the Human Rights Council so that the abuses committed in the region could be highlighted. The international community was asked for their support for the rights of women in Kashmir.

PATRIZIA SCANNELLA, of Amnesty International, said in the report on the mission of the Special Rapporteur on internally displaced persons to Colombia, one of the reasons for displacement of children was said to be paramilitary groups. The demobilisation of the latter had been deemed by the international community to be successful, but Amnesty International had determined that they had resumed abducting children for military and sometimes sexual purposes. There should be further investigation of this serious phenomenon. The issue of culture in the report of the Special Rapporteur on violence against women was important, and this should be mainstreamed throughout the United Nations system, and the wider understanding between culture and violence against women should be mainstreamed throughout the United Nations.

GUSTAVO GALLON, of the Colombian Commission of Jurists, said promotion and protection of human rights should be based on “cooperation and dialogue”. The Colombian Government’s willingness to be open to scrutiny on human rights had been commended as a positive step forward by the international community. However, the Working Group on arbitrary detention stated in its report of 2007 that the Government had not responded to its request to visit, nor to those from the Working Groups on minorities and mercenaries. The urgency of the situation should be reviewed. Repeated silence in the face of these requests showed a systematic flouting of the principle of cooperation.

MALIKA KRITI, of Union de l'action féminine, said that she wanted to give a testimony of what she and her siblings had gone through after her father had disappeared. She hoped that the international community could hear her voice. She wanted to know about the fate of her father who had been abducted in the Sahara. He had been fighting Spanish occupation and had been abducted then. Thirty years had passed and her family wanted to know about his whereabouts. Neither Morocco nor various non-governmental organizations had answered her inquiries.

Right of Reply

MOHAMMED LOULICHKI (Morocco), speaking in a right of reply, said Algeria had responded yesterday to a non-governmental organizations which had referred to the treatment undergone by women and girls in the camps in the Tinduf, giving inadvertent evidence that his country was part of the dispute in the area, and not a simple observer. Whilst recognising that the issue of the Sahara was a matter for the Security Council and the General Assembly, the representative of Algeria began his usual demonstration, which no longer fooled anybody, forgetting that this was the Human Rights Council and not the Security Council.

United Nations texts and practice were clear that self-determination was applied on the internal level by the association of all citizens in political decisions, the recognising of their cultural specificities, and their direct inclusion in the management of local affairs. Algeria spoke only of independence, synonymous to the infringement of the territorial integrity of Morocco. The population of the camps were held in an isolated desert area, and the Convention made Algeria responsible.

MAKIO MIYAGAWA (Japan), speaking in a right of reply in response to the statement by the Democratic People’s Republic of Korea, said that Japan had dedicated itself to international peace and prosperity out of remorse for its historical record. Concerning victims of abduction, no satisfactory explanation had been given by the Democratic People’s Republic of Korea and the issue was not considered resolved. The Democratic People’s Republic of Korea should ensure the safety of detainees, return them, and provide a full account of the circumstances of their abductions.

MOHAMMED BESSEDIK (Algeria), speaking in a right of reply, said that he wanted to reply to the Representative of Morocco that self-determination did not mean autonomy. The reference had been concerning the sharing of the territory. Algeria had always been in favour of implementing the United Nations settlement plan. Concerning the number of refugees, the country wanted to state that a diversion had been made to this regard. About the lifting of the embargo, no member of the press had been permitted to visit the Western Sahara.

CHOE MYONG NAM (Democratic People's Republic of Korea), speaking in a right of reply, said the Japanese allegations were rejected. If the remorse of Japan was true or sincere, then they would not be reluctant to acknowledge their crimes against humanity. The issue of abduction had been fully resolved. Japan should acknowledge the ulterior political reasons behind its claims, and should recognise its responsibilities for the genocidal killings and sexual slavery of the past, as well as recognising the discrimination undergone by Koreans in Japan. The Japanese Prime Minister had repeatedly refused to apologise for the military sexual slavery. Japan should acknowledge its past, as had Germany, and make reparations.

MOHAMMED LOULICHKI (Morocco), speaking in a right of reply, said the Representative of Algeria appeared to have a problem with the concepts of autonomy and self-determination. The concept of autonomy appeared to be a source of irritation to him. He talked of a UN plan but there was no UN plan as it had been superseded by events. The Security Council was calling on all parties to step back and resolve their issues. Detailed inquiries had been carried out and refuted Algeria’s figures concerning the beneficiaries of aid. Parliamentary delegations would be welcome to visit, but Morocco was opposed to delegations that would like to foment disorder in the southern areas.

MAKIO MIYAGAWA (Japan), speaking in a right of reply, said the President of the Democratic People's Republic of Korea had presented excuses for the abduction of a Japanese citizen. Japan urged the Democratic People's Republic of Korea to respond to the demands of the international society. The numbers that the Democratic People's Republic of Korea mentioned were groundless and Japan could not accept them.

PITCHAYAPHANT CHARNBHUMIDOL (Thailand), speaking in a right of reply, said with regards to the comments made by Human Rights Watch and the International Commission of Jurists on the concern about the Emergency Decree - this was promulgated to enable the Government to deal with the situation in a more effective, integrated and expeditious way to keep law and order, and it contained the necessary safeguards to protect human rights. It did not provide for impunity. Officials would receive protection only as long as they could prove to the court that their actions were in keeping with the safeguards included in the Decree.

FOROUZANDEH VADIATI (Iran), speaking in a right of reply in response to the German delegation, said the right to assembly and peaceful gathering was constitutionally guaranteed in Iran, but there were laws to obey and groups wishing to demonstrate should obtain a permit. The group in question had not requested a permit and the gathering was therefore illegal and treated as such. The temporary detention following an unauthorized gathering of some women three weeks ago was mainly due to this and their non-compliance with police instructions to disperse. Concerning the reference to the Baha’i community in Iran, the German representative’s allegations were baseless. Rights of Baha’i communities living in Iran were protected.

ALI ONANER (Turkey), speaking in a right of reply, said Turkey wanted to reply to the statement by Armenia. Armenian citizens rights were safeguarded in Turkey. They exercised their rights the same way as all citizens in Turkey did. The murder of Hrant Dink was an isolated incident. Mr. Dink was a respected Turkish-Armenian journalist and Turkey regretted his loss. His murderer was captured within six hours after the crime.

JESUS ENRIQUE GARCIA (Philippines), speaking in a right of reply, said with regards to the statement of Asian Legal Resource Center, the Government of the Philippines was exerting best efforts to ascertain the fate and whereabouts of those reported as disappeared, and was cooperating with the International Committee of the Red Cross. The Working Group on enforced or involuntary disappearances would be provided with information on the bills on this topic that was going through the Congress as they became available. The Government had already invited Mr. Stavenhagen, and was considering his request for a follow-up visit. The Philippines believed the General Assembly should adopt the Declaration on the Rights of Indigenous People.

For use of the information media; not an official record

HRC07019E