SPECIAL PROCEDURES ON ENFORCED DISAPPEARANCES, SALE OF CHILDREN AND TORTURE PRESENT REPORTS TO HUMAN RIGHTS COUNCIL

The Human Rights Council this afternoon heard presentation of reports from the Chair-Rapporteur of the Working Group on enforced or involuntary disappearances, the Special Rapporteur on the sale of children, child prostitution and child pornography and the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment.

At the beginning of the meeting, the Council concluded its interactive dialogue with the Special Rapporteur on the adverse effects of the illicit movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights, the Chairperson of the Working Group on arbitrary detention and the Chairperson of the Working Group on the use of mercenaries as a means of impeding the exercise of the right of peoples to self-determination.

Santiago Corcuera Cabezut, Chair-Rapporteur of the Working Group on enforced or involuntary disappearances, presenting his report, said that during the past year, the Working Group had completed a review of its methods of work. A general comment providing a construction of the definition of enforced disappearances had also been adopted. The general comment stressed that any act of enforced disappearance had the consequence of placing the person subjected thereto outside the protection of law.

Juan Miguel Petit, Special Rapporteur on the sale of children, child prostitution and child pornography, introducing his report, said that his report highlighted examples of national policies as well as good practices developed by international organizations, non-governmental organizations and civil society in assistance and rehabilitation programmes for children victims of commercial sexual exploitation and trafficking. Positive examples included those from Belgium, Finland, Germany, Honduras, Spain and Turkey.

Manfred Nowak, Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, presenting his report, said that his main report was devoted to exploring the influence of international norms relating to violence against women on the definition of torture, the extent to which the definition itself could embrace gender-sensitivity, and discussing the specific obligations upon States which followed from this approach. In this context, and in specific commemoration of International Women’s Day, which took place two days ago, he drew the attention of the Council to the central yet debilitating role of stigma associated with victims of sexual violence, and the related challenges that women faced in terms of access to justice, reparations and rehabilitation.

Speaking as concerned countries in response to the above reports were Honduras, El Salvador, Mexico, Indonesia and Paraguay.

Okechukwu Ibeanu, Special Rapporteur on the adverse effects of the illicit movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights, in concluding remarks, said that the right to information would not provide a full solution to the problem of dumping toxic waste, particularly in the receiving countries. Information should be used to educate and not to manipulate people. Information should be complete and not partial. Workers should not be put at risk.

Leila Zerrougui, Chairperson-Rapporteur of the Working Group on arbitrary detention, in concluding remarks, said, with regard to the detention of migrants, the mandate of the Working Group concerned detention and not the status of the migrant. The Working Group urged governments to be reasonable in the treatment of migrants who were often in a sensitive situation, distressed or seeking asylum. In many countries, there were illegal practices that did not comply with national or international norms and there was a trend for an increasing resort to measures of detention. The Working Group hoped that in future it would receive greater cooperation.

Jose Luis Gomez del Prado, Chairman of the Working Group on the use of mercenaries as a means of impeding the right of peoples to self-determination, in concluding remarks, said on the matter of the Convention being outdated, it was still necessary to endorse it on an international level as it could have a positive impact on reducing the recruitment of international mercenaries. With regards to Paragraph 33, all information from witnesses was confidential. Regarding the term unconditional, it was included to draw attention to national authorities for them to deal with the situation accordingly.

Speaking in the interactive dialogue this afternoon on the reports on toxic and dangerous products, arbitrary detention and mercenaries were the Russian Federation, Mauritania, Belarus, the United States, Brazil, Bangladesh, Canada, Mexico, Saudi Arabia, Iraq, Slovenia on behalf of the European Union, Venezuela, Sudan, Honduras, Switzerland, the Republic of Korea, the African Union and Columbia.

Also speaking were representatives of the Norwegian Center for Human Rights, Federation of Cuban Women, World Organization against Torture, in a joint statement with International Federation of Human Rights Leagues (FIDH), Human Rights Advocates, Friends World Committee for Consultation (QUAKER), Society for Threatened Peoples, Colombian Commission of Jurists, International Islamic Federation of Student Organizations, Canadian HIV/Aids Legal Network, speaking on behalf of several NGOs1, Interfaith International, and Women's International League for Peace and Freedom.


When the Council reconvenes at 10 a.m. on Tuesday, 11 March, it will continue to hear statements from concerned countries on the reports of enforced disappearances, sale of children and torture before starting its interactive dialogue on those topics.

Interactive Dialogue on Reports on Toxic or Dangerous Products, Arbitrary Detention and Mercenaries

ALEXEY GOLTYAEV (Russian Federation) said the Russian Federation believed the Working Group on arbitrary detention was one of the most important mechanisms in the Council’s system of Special Procedures, as the subject they dealt with was an integral component of any democratic society. It also supported the work of the Special Rapporteur on toxic wastes and called on him to continue his good work.

With regard to the Working Group on mercenaries, it was extremely important to discuss the important issue of the role of the State as the only entity responsible for preserving its integrity in a conflict. The Russian Federation saw a trend to the privatization of military conflict, often taking place when a State avoided its role to uphold international human rights law and standards. The Russian Federation asked what contribution the Working Group could make to help implement the recommendations by the Secretary-General on the use of private military and security companies with a view to preserving international human rights and humanitarian law. States using these security companies must be held accountable for human rights violations committed by personnel of those companies. Moreover, the Russian Federation believed it was important to pay close attention to the threats imposed on the territorial integrity of States with regard to non-State actors operating in the country as security forces.

MOUNINA MINT ABDELLAH (Mauritania) said Mauritania took due note of the preliminary conclusions formulated by the Working Group on arbitrary detention, which had just returned from Mauritania. In authorizing the visit of the Working Group, Mauritania had sought above all to promote cooperation and transparency. The Government also reaffirmed its willingness to implement the Working Group's recommendations and stressed that that willingness was only restricted by the lack of human and material resources at the administration's disposal. Mauritania also welcomed any cooperation, including technical, from other countries.

ANDREI MOLCHAN (Belarus) said that Belarus highly valued the work with the Working Group on arbitrary detention and its visit to Belarus had been very important. High value was attached to cooperation with the Working Group. The latest information had been sent to the Working Group in December. A new law had entered into force ensuring the independence of judges. It was hoped that the Working Group would use that information in its next report.

KEVIN A. BAUMERT (United States) said that by addressing and promoting the Convention against the Recruitment, Use, Financing and Training of Mercenaries in the context of a report on private and military security companies, the Working Group on the use of mercenaries had failed to distinguish between private military security companies and mercenaries. The Working Group had failed to recognize that there was a long history of using contractors in support of military operations, and that there were legitimate reasons why modern military forces required contractor support not only for national military forces involved in defence, but also in peacekeeping and humanitarian relief operations. The United States had undertaken numerous steps to strengthen the coordination, oversight and accountability of private security contractors working in Iraq on behalf of the Government of the United States. Procedures had been established to improve communications and cooperation among the United States Embassy in Baghdad, the Multi-National Forces in Iraq, and the Government of Iraq. In addition, the United States was working to enhance the existing legal framework to hold security contractor personnel accountable for crimes committed in Iraq, Afghanistan and elsewhere.

MURILO VIEIRA KOMNISKI (Brazil) said that in the last 15 years, the Working Group on arbitrary detention had undertaken important country visits to expose the conditions of detainees. In its previous reports it had addressed issues such as counter-terrorism, which currently constituted an important challenge. That was also the case for the present report. Prison and detention centres for asylums-seekers and migrants were an important aspect to examine. Brazil was concerned by the international trends expressed in those reports, particularly with regard to the vulnerability of migrants and the situation of detainees. Brazil also requested that the Special Rapporteur on the human rights of migrants explore the facets of irregular and illegal migration. Brazil reiterated its firm position on counter-terrorism, which had to be implemented under a framework that took into account human rights norms. Brazil believed that the recommendations presented in all three reports would improve public policies for all countries, not only those visited in the context of those reports.

MUSTAFIZUR RAHMAN (Bangladesh) said that on toxic waste, the transport and dumping of harmful substances endangered human rights. That practice was taking place too often without any safeguards. People were unknowingly exposed to dangers. They were injured, became sick or even died; it was threatening the right to life and the right to safe water and food. The Special Rapporteur’s report had helped creating awareness but it had not changed the situation. Many developing countries were trading in toxic waste. Industrialized countries were exploiting that market, without insuring the safety of workers. There was an ethical and moral issue that needed to be addressed.

DANIEL ULMER (Canada) said Canada was deeply concerned by instances of arbitrary detention in countries around the globe and urged fellow Member States to cooperate with the Working Group on arbitrary detention in addressing the concerns raised by the Working Group in its appeals and opinions. The intimidation and detention of political opposition, journalists and human rights non-governmental organizations (NGOs) without due process was a continuing concern. The Working Group was asked to comment on specific trends related to the arbitrary detention of political opposition, journalists and human rights NGOs. Canada was deeply concerned as well about the susceptibility of vulnerable groups to sexual abuse in detention, particularly women and juveniles. Canada also condemned the further abuse of authority that led to the exchange of sexual services for favourable treatment. The Working Group was asked what steps the international community could take to advocate for the importance of well organized penitentiary systems with well trained staff to mitigate against such abuses. Canada was also concerned about detainees who were subjected to sexual violence because of their sexual orientation or gender identity.

JOSE GUEVARA (Mexico) expressed appreciation for the report on arbitrary detention and particularly the fact that it dealt with the deprivation of liberty for migrants and asylum-seekers. Both groups represented the most vulnerable groups in society. In response to the recommendation in the report, Mexico was in favour of organizing a seminar under the auspices of the Office of the High Commissioner for Human Rights on the subject of migrants and asylum-seekers who were deprived of their liberties. It was also appreciated that within the report, no migrants were described as illegal. A more correct terminology was "undocumented worker" or "migrant", but it should be noted that a person could not be considered or referred to as illegal.

ABDULLAH AL-ALSHEIKH (Saudi Arabia) said that Saudi Arabia was committed to full cooperation with the Working Group on arbitrary detention. In the framework of its fight against terrorism, Saudi Arabia had made sure that there were no contradictions between the counter-terrorism measures it was taking and the respect of human rights. Saudi Arabia was confident in the role of the Working Group and its aims. It was hoped that the Working Group would issue answers to the list of questions Saudi Arabia had sent to it.

HUSSAIN AL-ZUHAIVI (Iraq) pointed out that the Chairperson of the Working Group on mercenaries had already sent a letter dated 25 September 2007 citing a number of actions by the private security company Blackwater operating in Iraq. The letter listed the joint efforts by the Iraqi authorities and posed a series of questions to the Iraqi Government, which had set up a commission to provide replies to those questions. There had been some delays, but the responses should be forthcoming.

The Multi-National Force in Iraq was clearly aware of the work of private security companies in view of their respect for human rights. There was a draft Bill recently submitted to the Iraqi Assembly which would govern the work of private security companies in Iraq under the auspices of the Iraqi Ministry of Interior. As to the Working Group on arbitrary detention, the situation of Tariq Aziz was recalled; he was no longer in the custody of the Multi-National Force Authorities.

DOMINIK FRELIH (Slovenia), speaking on behalf of the European Union, expressed its thanks to the Working Group on arbitrary detention and requested additional information on the implementation of two recommendations. The first was with regard to the detention of non-citizens. On that issue, the Council should organize a seminar to have an in-depth deliberation to seek effective alternatives to prevent migrants and asylum-seekers from violations of fundamental rights. What were some other “effective alternatives” that could be discussed during this seminar? In another question to Ms. Zerrougui, the European Union asked how she analysed the evolution of the use of “unlawful practices” by States and non-State actors and did she identify “good practices” or “good evolution” in that regard?

GABRIEL IGNACIO SALAZAR PINEDA (Venezuela) said, on the use of mercenaries, that Venezuela fully supported the work of the Working Group on that theme. Venezuela was considering becoming part of the International Convention against the Recruitment, Use, Financing and Training of Mercenaries. Information should be disseminated on the topic of the Working Group. Moreover, the Working Group should monitor the repercussion of actions by private companies with regard to the enjoyment of human rights and ensure the appropriate follow-up of their recommendations. Such companies should respect human rights. It was noted that the United States had not responded to the question of the Working Group on a specific case; that was not acceptable. The United States had also not responded to Venezuela’s extradition request. That was also not acceptable. The United States had to meet its obligations towards the Working Group.

OMER DAHAB FADOL MOHAMED (Sudan) noted that the report of the Working Group on arbitrary detention revealed the dangerous conditions of non-citizens in countries because of illegal migration or their seeking asylum, among other reasons. Sudan proposed that the Working Group also consider the adverse effects of cultural, linguistic or ethnical differences in the treatment of those detainees and the actions used by the authorities in the asylum countries and places of detention. Those places of detention must be called by their names and not by using misleading terminology. It was noted that Sudan had no political prisoners in the country today.

GRACIBEL BU FIGUEROA (Honduras) said that Honduras had taken due note of the report by the Working Group on arbitrary detention and thought the recommendations had been most useful. Honduras was pleased to announce that, through its legislative procedures, it had passed bill no. 133-2007 on the International Convention on the Recruitment, Use, Financing and Training of Mercenaries. Since 15 December 2007, that Convention was now a part of national legislation.

MARTIN GEORGOS KELEMENIS (Switzerland) said that the Working Group on arbitrary detention had presented an excellent report. Clarification was asked on the subject of the use of military tribunals to judge civilians. The report said that such tribunals could judge civilians if there were objective and serious reasons. What was meant under objective and serious reasons? Also, the Working Group had mentioned concerns that detention during states of emergency could be indefinitely long. Could the Working Group give an order of magnitude for the length of detention generally admissible?

BYONG-JO KANG (Republic of Korea) noted that addressing a follow up letter to the Governments of the countries visited was one of the necessary follow-up measures with respect to the Working Group on arbitrary detention’s country visits. The Republic of Korea joined the Working Group in appreciating some Governments' responses submitted in a comprehensive and detailed manner. What was the Working Group's own assessment on the follow-up letter measures, and the Working Group’s future plan to develop a more effective follow-up procedure? The Working Group was also asked whether it had or would have a close consultation and exchanges of views with the Special Rapporteur on human rights of migrants or with the Special Rapporteur on the promotion and protection of human rights while countering terrorism, given the Working Group’s concerns involving human rights of immigrants and counter-terrorism measures.

KHADIJA RACHIDA MASRI (African Union) said that the threat of mercenaries had had harmful effects on Africa, since the beginning of its independence struggle until today. The creation of the Special Rapporteur mandate in January 1987 and the creation of the subsequent Working Group in July 2005 had proved the international support to combat the threat posed by mercenaries. The use of mercenaries was much more than a human rights issue but shook the foundations of political sovereignty. The African Union continued to see mercenaries a threat to national sovereignty, peace and security. Mercenaries could not be used as a means to overthrow democratically elected governments. At a time when the international community was concerned with terrorism, it must not forget the equally large threat of mercenaries.

ALVARO AYALA (Colombia) said that, concerning the questions in the report of the Working Group on mercenaries, the answers of the Government of Colombia had been sent earlier this year. Also, it was noted that no United Nations personnel were involved in human trafficking or the trafficking of illegal products.

KATHARINA ROSE, of the Norwegian Centre for Human Rights, speaking with regard to the Working Group on arbitrary detention’s visit to Norway, called on the Working Group to encourage the Government of Norway to continue to monitor that practice of imposing restrictions and deprivation of liberty to ensure that it was carried out on a case-by-case basis. The Norwegian Centre for Human Rights recommended that the results of the investigation be taken into consideration or incorporated in the survey as recommended by the Working Group. The Centre also agreed with the Working Group’s recommendations regarding the use of the INFOFLYT database, and supported the Working Group’s proposal of an independent commission to resolve conflicts of competence between correctional services and health-care authorities.

OLGA SALANUEVA, of the Federation of Cuban Women, wished to transmit a message on behalf of five Cubans unfairly imprisoned for 10 years in United States jails. Despite the three years that had passed since the Working Group on arbitrary detention had declared the imprisonment of those five Cubans illegal, they continued to suffer from solitary confinement. As the deadliest terrorists in the Western hemisphere, the United States continued to impose its will on innocent victims, as their children became teenagers and adults, far from their fathers’ warmth. Even from prison, the five incarcerated persons would not stop their call on the human conscience to awaken and rebel against such impunity.

ALEXANDRA KOSSIN, of World Organization against Torture, in a joint statement with International Federation of Human Rights Leagues (FIDH), welcomed the renewal of the mandate of the Working Group on arbitrary detention. The Working Group was working on a relevant topic in light of what was happening in the world today. States were persistently preventing freedom in the fight against terrorism, abusing states of emergency or using other derogations. To what extent did the Working Group plan to cooperate with other human rights mechanisms?

ELENA GIL, of Human Rights Advocates, said with regard to the report of the Special Rapporteur on the adverse effects of the illicit movement and dumping of toxic wastes, the enforcement of the human right to information was paramount in ensuring that everyone took a role in protecting against human rights violations stemming from toxic transfers. Because of inconsistent standards of what constituted an illegal hazardous transfer among States, Human Rights Advocates and Earth Justice saw the need to include illicit and legal toxic transfers in the mandate of the Special Rapporteur. Moreover, inconsistent domestic standards of what constituted a hazardous product actually encouraged a race to the bottom.

RACHEL BRETT, of Friends World Committee for Consultation - Quakers, said that the Committee welcomed the reports of the Working Group on arbitrary detention and on its missions to Norway and to Angola. The Committee appreciated the continued focus on the overuse of detention on asylum-seekers and others crossing borders and also to those particularly susceptible to sexual abuse in detention. It strongly endorsed the Working Group’s reminder that juveniles should be separated from adult detainees and women detainees from men. In that context, the Friends World Committee drew attention to the Handbook on Women in Prisons, being published jointly by the United Nations Office on Drugs and Crime and the Quaker United Nations Office, Geneva.

TENZIN KAYJA, of the Society of Threatened People, thanked the Special Rapporteur on the human rights of migrants for bringing up the question of detention of non-citizens, in particular asylum-seekers. The illegal detention of asylum-seekers was disturbing, particularly when host countries were handing them over to another country. Nepal was such a country; handing over Tibetan refugees to China. The Working Group was urged to seek clarifications from both Nepal and China.

ISABELLE HEYER, of the Commission of Colombian Jurists, with regard to the Working Group on arbitrary detention, underscored the concerns in their report, including the situation of various vulnerable groups exposed to sexual violence, and arbitrary detentions in the context of efforts to counter terrorism. The Working Group had to remain vigilant in the face of such violations, which were on the rise. In Colombia the situation regarding arbitrary detention continued to be very serious. There was a continuation of such acts with impunity for those responsible. Many victims were killed by paramilitary groups and Government forces. It was important for the Working Group to check for itself into that serious situation and the Human Rights Council should urge Colombia to extend an open-ended invitation to the Working Group to visit the country.

SYED FAIZ NAQSHBANDI, of the International Organization of Islamic Students, said that Indian occupied Jammu and Kashmir was one region where illegal and arbitrary detention were part of daily life. Most recent figures showed that more than 4,000 Kashmiris were languishing in jails without trial and in clear violation of the provisions of the Universal Declaration of Human Rights. The pattern of impunity found legal justification in laws such as Section 45 and 97 of Criminal Procedure Code of Jammu and Kashmir Disturbed Areas Act. As such, the International Organization of Islamic Students strongly urged the Council to persuade India to accept a visit by the Working Group on arbitrary detention to ascertain the true situation in Jammu and Kashmir.

SOHA ABDELATY, of Canadian HIV/Aids Legal Network, speaking on behalf of several NGOs1, asked the Chairperson of the Working Group on arbitrary detention what was being done on the issue of people being imprisoned because of their HIV sero-positive status? That was a clear violation of the International Covenant on Civil and Political Rights. People had been targeted for arrest and prosecution due to their presumed HIV status. That had happened lately in Egypt and people were still being detained for the sole reason that they were a threat to public health.

ABDESLEM LECHENE OMAR, of Interfaith International, said that today in many regions the practice of arbitrary detention and torture were still frequently reported. Interfaith International was concerned about the situation in Western Sahara, and in particular in the light of political prisoners languishing in Moroccan jails. The speaker noted the case of a human rights defender who had been in prison in Morocco for 10 years, and the ongoing hunger strike regarding his case. Another case of a person arrested after having taken part in a peaceful demonstration in Rabat was also raised. Interfaith International urged the Office of the High Commissioner for Human Rights to publish its report on Western Sahara and called on the Moroccan Government to abide by the laws without impunity.

KIRSTY MCKAY, of Women’s International League for Peace and Freedom, urged States to inform and consult their citizens before decisions to accept toxic waste or to build weapons complexes or nuclear facilities were taken. Time and again, the precautionary principle had been compromised in favour of short-term profit or in the name of national security. Furthermore, whether in the research or development of weapons, the use of weapons, or in the aftermath of a conflict, a direct link between militarism and toxic pollution had been established. In addition, the League supported the decision of the United States judiciary, granting veterans the legal right to sue the United States Government for exposing them to DU in Iraq and the 170 million Euro compensation package awarded by Italy to its veterans.

Concluding Remarks by Special Procedures on Toxic and Dangerous Products, Arbitrary Detention and Mercenaries

OKECHUKWU IBEANU, Special Rapporteur on the Adverse Effects of the Illicit Movement and Dumping of Toxic and Dangerous Products and Wastes on the Enjoyment of Human Rights, in his concluding remarks, said that the interventions of the delegations had underscored the negative impact on human rights of the use of dumping toxic waste. The right to information would not provide a full solution to the problem, particularly in the receiving countries. Information should be used to educate and not to manipulate people. Information should be complete and not partial. Workers should not be put at risk. On the distinction between illicit and licit waste dumping and the differences on its implication on human rights, there were no differences for human rights. The discussion was becoming intensely blurred on the impact of human rights. It was hoped that the review of the mandate of the Special Rapporteur would help to strengthen it.

LEILA ZERROUGUI, Chairperson-Rapporteur of the Working Group on Arbitrary Detention, in response to questions posed to her, said, with regard to the detention of migrants, the mandate of the Working Group concerned detention and not the status of the migrant. The Working Group urged Governments to be reasonable in the treatment of migrants who were often in a sensitive situation, distressed or seeking asylum. It was hoped that a forthcoming seminar would embrace all of these issues. Regarding alternative measures, there were many countries which had developed alternative measures allowing them to avoid using detention to the extent possible. In Canada, for example, detention was hardly used, and in Norway, very few people were held in detention, and, if so, for very brief periods. In many countries, there were illegal practices that did not comply with national or international norms and there was a trend for an increasing resort to measures of detention. Through visits and follow-up the Working Group had been able to achieve results. The Working Group hoped that in future it would receive greater cooperation. Regarding the individual cases, the Working Group was considering them and would reply in its individual opinions in due course.

JOSE GOMEZ DEL PRADO, President of the Working Group on the Use of Mercenaries as a Means of Impeding the Exercise of the Right of Peoples to Self-Determination, extended his congratulations to Honduras for ratifying the 1989 Convention on the Recruitment, Use and Training of Mercenaries. With regards to the question put forth by the delegation of Peru, the Working Group would like to pursue any measures that would provide incentive for the ratification of the abovementioned Convention, even if it needed to be done outside of the United Nations system.

With regards to the comments by Chile, the Working Group was aware of its mandate and intentionally adopted a broad interpretation. Chile did not have any regulations regarding the export of private security forces. On the matter of the Convention being outdated, it was still necessary to endorse it on an international level as it could have a positive impact on reducing the recruitment of international mercenaries. With regards to Paragraph 33, all information from witnesses was confidential. Regarding the term unconditional, it was included to draw attention to national authorities for them to deal with the situation accordingly. Given the lack of time, Mr. Gómez del Prado also stated that he would be in touch with the delegations of Russia and Pakistan to discus their questions and concerns. Finally, he congratulated the United Stated for all of the recent measures it had adopted but regretted the lack of efforts it had made on the use of private security forces abroad.

Reports on Enforced Disappearances, Sale of Children, Torture

The Council has before it the report of the Working Group on Enforced or Involuntary Disappearances (A/HRC/7/2 and Add.1-2), which reflects communications and cases examined by the Working Group during its sessions in 2007, during which it transmitted 629 new cases of enforced disappearances to the Governments of Algeria, Bahrain, Chad, China, Colombia, the Democratic Republic of the Congo, Equatorial Guinea, Ethiopia, Gambia, Honduras, India, Indonesia, Iran, Japan, Lebanon, Libya, Mexico, Myanmar, Nepal, Pakistan, Philippines, the Russian Federation, Saudi Arabia, Sri Lanka, Sudan, Syria, Thailand and United Arab Emirates. Of the newly reported cases, 84 allegedly occurred in 2007. A summary of activities during the last year is presented in a table for each country, with a detailed text description of the areas of activity.

The first addendum contains the report of the Working Group's 2007 mission to Honduras, which sets out the historical and political context, the applicable domestic legal framework, and the steps taken by the Government to clarify cases of enforced disappearance and to apply the provisions of the Declaration on the Protection of All Persons from Enforced Disappearance. It also looks at reports that alleged perpetrators of serious violations of human rights are at large, have not been investigated or convicted, and in some cases occupy public functions. Furthermore, it examines efforts made by the Government to search for missing persons and the right to full reparation, noting praiseworthy efforts in this area. However, it would be advisable to institute a State-run plan or programme for such search efforts, benefiting from the active involvement of civil society. Among other recommendations are the classification of enforced disappearance as a separate offence in the national Criminal Code; and that Honduras become a party to the new International Convention for the Protection of All Persons from Enforced Disappearance.

Addendum two sets out the report of the 2007 country visit to El Salvador, which looks at, inter alia, Government and non-governmental organization efforts to search for disappeared children. It emphasizes the lack of a comprehensive search plan or programme for searching for disappeared persons, including a comprehensive redress scheme. It concludes that the national legal framework might prove to be an impediment to transparency and access to information. The report also notes information received that human rights Ombudsmen and those investigating cases of enforced disappearance are subjected to threats, intimidation and harassment in the course of their work. Among recommendations are that El Salvador ratify the International Convention for the Protection of All Persons of Enforced Disappearance; take effective steps to guarantee and enforce the rights to justice, truth, redress and rehabilitation; and create and implement an effective plan to search for disappeared persons, not limited to the search for missing children.

The Council has before it the report submitted by the Special Rapporteur on the sale of children, child prostitution and child pornography, Juan Miguel Petit (A/HRC/7/8 and Add.1-2), which recapitulates the different issues the Special Rapporteur has focused on since his nomination in 2002, presenting the achievements and accomplishments of the mandate, in particular focusing on assistance and rehabilitation programmes designed for children victims of trafficking and sexual commercial exploitation. It highlights examples of national policies and strategies and discusses positive examples of good practices developed by international organizations, non-governmental organizations and the civil society in assistance and rehabilitation programmes for children victims of commercial sexual exploitation and trafficking. Among key recommendations are that, because of the very nature of the harm done to child victims of sexual exploitation, they are in need of special, separate programmes and facilities catering specifically to their needs; they should not be together with victims of domestic abuse and violence or with adults.

A first addendum contains, on a country-by-country basis, summaries of general and individual allegations and urgent appeals transmitted to Governments in 2007, as well as replies received. During the reporting period the Special Rapporteur transmitted 12 communications to the 11 countries: Cambodia, Chad, France, Guinea, Guatemala, India, Mexico, Mozambique, Myanmar, Paraguay and South Africa, for which only two responses were received (from France and India).

Addendum two is the report of the Special Rapporteur's 2007 country visit to Mexico, which analyses the legal frameworks at the federal level and in the States visited. There follows a discussion of the various programmes and policies adopted by government and civil society actors, which the Special Rapporteur considers useful for combating the commercial sexual exploitation of children; measures taken to implement a general national strategy for children; and the authorities responsible for punishing crimes. Among recommendations are that a stronger and more creative approach must be taken to combat child sexual exploitation; legislation must be harmonized, coordination between law enforcement authorities must be improved, and additional resources must be allocated to combat this phenomenon, bearing in mind that the commercial sexual exploitation of children is not an isolated incident and that efforts must be made in conjunction with the fight against impunity and organized crime.

The Council has before it the report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Manfred Nowak (A/HRC/7/3 and Add.1-6), which summarizes the activities of the Special Rapporteur undertaken between August and December 2007, including updates on country visits, future visits and pending requests for invitations, and highlights of key presentations and meetings. Chapter II focuses on the protection of women from torture. Chapter III sets out conclusions and recommendations thereon, including the introduction of an additional element into the definition of torture – “powerlessness” – to underline that situations constituting de facto deprivation of liberty may occur in different “private” settings, such as battered wives, victims of trafficking, as well as women prisoners who have been abused. Moreover, rape and other serious acts of sexual violence by officials in contexts of detention or control not only amount to torture or ill-treatment, but also constitute a particular egregious form of it, due to the stigmatization they carry. Forced abortions or sterilizations carried out by State officials in accordance with coercive family planning laws or policies may also amount to torture.

Addendum one contains, on a country-by-country basis, summaries of reliable and credible allegations of torture and other cruel, inhuman or degrading treatment or punishment that were brought to the attention of the Special Rapporteur, and were transmitted to the Governments concerned. From 16 December 2006 to 14 December 2007, the Special Rapporteur sent 79 letters of allegations of torture to 51 Governments and 187 urgent appeals to 59 Governments on behalf of persons who might be at risk of torture or other forms of ill-treatment. Government responses received up to 31 December 2007 have been included.

Addendum two contains information supplied by Governments, as well as non-governmental organizations, relating to the follow-up measures to the recommendations of the Special Rapporteur made following country visits.

Addendum three is the report of the Special Rapporteur's visit to Paraguay from 22 to 29 November 2006, which contains a study of the legal and factual aspects of the situation of torture and ill-treatment, and conditions of detention in the country. It concludes that the situation of torture and ill-treatment in prisons and military detention facilities has improved in recent years. Regarding prisons, the excessive use of isolation cells to punish detainees was observed, and the Special Rapporteur received credible allegations of beatings by prison guards. In relation to the military, a few allegations of hazing and beatings of conscripts were received. However, the situation of detainees in police custody is of serious concern. Torture is still widely practised during the first days of police custody, in order to obtain confessions, and the main reason for the continuing practice of torture and other ill-treatment in Paraguay is impunity. A final section sets out conclusions and recommendations.

Addendum four is the report of the Special Rapporteur's 2007 mission to Nigeria, which concludes that torture and ill-treatment is widespread in police custody, and particularly systemic in the Criminal Investigation Departments there. Circumstances surrounding the deaths of two persons personally interviewed by the Special Rapporteur - examples of serious torture, disappearance and extrajudicial killing - illustrate and confirm the inability of the current system to effectively investigate allegations, protect victims of serious human rights violations, and bring law enforcement officials in Nigeria to account. Moreover, the conditions of detention in police cells visited were appalling, and corporal punishment, such as caning, and including Sharia penal code punishments (i.e. amputation, flogging and stoning to death), remain lawful. Recommendations include that the absolute prohibition of torture should be considered for incorporation into the Constitution; the highest authorities should declare unambiguously that torture and ill-treatment by public officials will not be tolerated and will be prosecuted; and an effective and independent complaints system for torture and abuse should be established.

Addendum five sets out the report of the mandate holder's official visit to Togo in 2007, in which he finds that, despite considerable improvements since 2005, in most police commissariats and gendarmerie posts visited, there is evidence of ill-treatment by law enforcement officials, which was inflicted mostly during interrogation for the purpose of obtaining a confession. There were also allegations and evidence of several cases of beatings by prison guards and other prisoners as a means of punishment. The Special Rapporteur is very concerned that minors and children are at greater risk of corporal punishment and ill-treatment than adults in situations where they are deprived of their liberty. Among his recommendations, the Government should criminalize torture and fight impunity, improve existing safeguards against torture and ensure that they are implemented, introduce and strengthen restorative justice and non-custodial measures of punishment, and continue efforts to improve the detention conditions.

Addendum six, which contains the report of the Special Rapporteur's mission to Sri Lanka in 2007, notes the important steps taken by the Government to prevent and combat torture and to hold perpetrators accountable, including the system of Judicial Medical Officers. Nevertheless, indications are that torture is still widely practised in Sri Lanka. The absence of an ex officio obligation on law enforcement officials or judges to investigate such cases further aggravates the situation for victims. The Special Rapporteur was particularly shocked by the brutality of some of the torture measures applied to persons suspected of being Liberation Tigers of Tamil Eelam members. Among others, the Government should ensure that all detainees are given access to legal counsel within 24 hours of arrest; develop proper mechanisms for the protection of torture victims and witnesses; and establish an effective complaints system in prisons for torture and abuse leading to criminal investigations.

A seventh addendum contains the report of the Special Rapporteur's mission to Indonesia. [Not currently available.]

Presentation of Reports on Enforced Disappearances, Sale of Children, Torture

SANTIAGO CORCUERA CABEZUT, Chair-Rapporteur of the Working Group on Enforced or Involuntary Disappearances, presenting its report, said that the Working Group had been established in 1980 by the Human Rights Commission and had been the United Nations’ first thematic mechanism. Since its creation, it had transmitted 51,763 individual cases to Governments all over the world. During the past year, two prompt intervention communications were sent to two governments regarding the reported harassment of and threats to human rights defenders. The Working Group had also completed a review of its methods of work. A general comment providing a construction of the definition of enforced disappearances had also been adopted. The general comment stressed that any act of enforced disappearance had the consequence of placing the person subjected thereto outside the protection of law. The Working Group maintained strong collaboration with the Special Procedures of the Council, including cooperation during visits. The Working Group had been initially created to address the legacy of disappearances arising from authoritarian ruling in Latin America. However disappearances were currently a global problem. In the context of internal armed conflict, opposition forces had reportedly perpetrated acts that were analogous to disappearances.

Mr. Cabezut said that, although the Working Group’s mandate limited its actions to violations carried out by States or non-State actors, acting with the consent of the State, the Working Group condemned the practise of acts analogous to disappearances. As part of a programme of regional visits to Central America, the Working Group had visited Honduras and El Salvador. Four areas of concern were noted: some countries used the armed forces to undertake police activities, under the excuse that police forces were incapable of coping with the maintenance of public order. In some countries, the investigating authorities themselves were part of the military forces and trials were being held before military tribunals. In some cases investigations had been suspended or closed. Investigations should be able to be conducted for as long as the fate of the victim remains unclarified. Finally, the Working Group reiterated its concern that the enactment of amnesty law and the implementation of other measures had led to impunity. The increasing number of reported cases of disappearances in Sri Lanka was worrying. The Working Group hoped to be able to soon meet with the Sri Lankan Government. A lack of consistency had been noted in the quality of responses provided by States to the Working Group. The adoption of the International Convention to Protect all Persons from Enforced Disappearances was welcomed.

JUAN MIGUEL PETIT, Special Rapporteur on the sale of children, child prostitution and child pornography, noted that in 2007, he undertook a mission to Mexico. Concerning positive developments during the year, 12 more countries had recently ratified or acceded to the Optional Protocol to the Convention on the Rights to the Child on the sale of children, child prostitution and child pornography. At the regional level, 2007 was marked by the adoption of the Council of Europe Convention on the protection of children against sexual exploitation and sexual abuse. At the national level, in 2007 Costa Rica adopted a law against sexual exploitation of children and offences against minors. In 2007, the Special Rapporteur said he followed up the study on violence against children that had been presented in 2006. Less than one year after the study’s release, its positive impact was evident in all regions of the world. During the period under review, an extensive questionnaire was developed on the issue of assistance and rehabilitation programmes for child victims of sexual commercial exploitation and was sent to all Member States and to selected inter-governmental and non-governmental organizations working on issues related to children’s rights and trafficking.

The report highlighted examples of national policies as well as good practices developed by international organizations, non-governmental organizations and civil society in assistance and rehabilitation programmes for children victims of commercial sexual exploitation and trafficking, the Special Rapporteur noted. After having visited many shelters and reintegration and rehabilitation services for children victims of trafficking and sexual exploitation, it was assessed that shelters needed to include at least medical care, psychological assistance, interviews with professionals, education and recreational activities. National strategies of several countries had to be considered as good practices. Positive examples included those from Belgium, Finland, Germany, Honduras, Spain and Turkey. Most States which answered the questionnaire already had some public entities and organizations which provided assistance and protection to victims of sexual exploitation and trafficking. Some States had made efforts to provide specific shelters for children victims of sexual commercial exploitation and trafficking.

With regard to his visit to Mexico, the Special Rapporteur noted that it was important for the State to assume responsibility for the cases of sexual abuse of children in the country, which had serious repercussions and often had correlation to poverty. There was a need for a new system of social protection in Mexico with children being included on the agenda and becoming part of a lasting State policy. Sexual exploitation of children was not an isolated issue in the country and there was a need for a network of support. Moreover, efforts had to be taken to combat impunity and organized crime. There was a need to strengthen educational tools and a need for more programmes to assist victims of sexual exploitation. Among other things, better training was needed in the correctional institutions and efforts had to be made to combat corruption, as this problem still existed in Mexico. There was a lack of information in certain communities regarding child protection measures, including in Ciudad Juarez.

MANFRED NOWAK, Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, said that his main report was devoted to exploring the influence of international norms relating to violence against women on the definition of torture, the extent to which the definition itself could embrace gender-sensitivity, and discussing the specific obligations upon States which followed from this approach. In this context, and in specific commemoration of International Women’s Day, which took place two days ago, he drew the attention of the Council to the central yet debilitating role of stigma associated with victims of sexual violence, and the related challenges that women faced in terms of access to justice, reparations, and rehabilitation.

Following his visit to Paraguay from 22 to 29 November 2007, Mr. Nowak said he recognized that Paraguay had come a long way in overcoming the legacy of the military dictatorship under General Stroessner and was especially impressed by the efforts of the Truth and Justice Commission to guarantee the victims’ right to know about the gross and systematic violations committed by the former regime. However, torture was still widely practiced in Paraguay, primarily during the first days of police custody as a means of obtaining confessions. Moreover, most of the prisons that were visited by the Special Rapporteur were overcrowded and had a high incidence of inter-prisoner violence. In addition, the provision of adequate food and health care was poor, as were opportunities for education, leisure and rehabilitation activities.

In Nigeria, Mr. Nowak recognized the challenges faced by the Government given the sheer size and diversity of the population, the plurality of legal systems, the nature of the federal structure, the high level of crime and widespread poverty. Nevertheless, the conditions of detention in the police cells visited were appalling. All the prisons were characterized by severe overcrowding, typically double or even triple the actual capacity of the facility. In fact, Nigerians themselves have acknowledged the severity of the situation, including President Obasanjo who made reference to the deplorable situation of torture in August 2005.

In his visit to Togo, Mr. Nowak found evidence of ill-treatment by law enforcement officials, most of which were inflicted during interrogations. Beyond allegations by detainees and physical evidence of beatings by prison guards, he expressed his concern that children in particular were at a high risk of corporal punishment and ill-treatment. With regards to the ongoing situation of torture in Togo, he reiterated that torture should be criminalized and impunity addressed as a matter of priority.

Mr. Nowak also visited detention facilities in Sri Lanka in October 2007. Notwithstanding the serious security situation, the Government did not allow the Special Rapporteur to travel to LTTE-controlled areas and as such, he could not report on the situation of torture in this region. While Sri Lanka had taken a number of important legal steps to prevent and combat torture, it was still far from being a torture free State. With respect to LTTE suspects under detention, the majority complained of police brutality. The nature of the torture was particularly shocking, including burning with soldering irons. Finally, concern was expressed about the reported collaboration between the Government and the TMVP-Karuna Group, which has been accused of particularly brutal human rights abuses in Sri Lanka.

Mr. Nowak regretted that Indonesia had not outlawed torture under its criminal legislation. He received reports of ill-treatment in both pre-trial detention houses and prisons. In Jakarta, the prisons were severely overcrowded and while the situation was better outside of the capital, concern was expressed about the standard use of “quarantine cells”, which were not in line with international standards.

Unfortunately, the visit scheduled to Equatorial Guinea had been postponed at the Government’s request at very short notice, but he had been promised that it would be rescheduled soon. Mr. Nowak also confirmed that the Government of Iraq had accepted his request to visit their detention facilities. While the United Kingdom indicated that the Special Rapporteur was welcome to visit the few detainees it had left in Iraqi detention centres, the United States, however, would not grant similar access. After clarifying a falsified interview with him on the situation of torture in Zimbabwe, the Special Rapporteur concluded by requesting Governments to share information on the steps taken to implement the recommendations.

Statements by Concerned Countries

JOSE DELMER URBIZO (Honduras), speaking as a concerned country, noted that the Working Group had stated in its report that a climate of impunity was prevailing as regards to cases of enforced disappearances in Honduras. The Working Group also said that adequate regulation in cases of forced disappearances was one of the shortcomings in Honduras. The State Prosecutor’s Office had asked the National Human Rights Commission to work on a preliminary draft to reform the penal code. The draft reform of the code would be sent to the legislative authorities. Honduras needed technical assistance from the Office of the High Commissioner for Human Rights. Honduras had signed the Convention on Enforced Disappearances and was taking steps to incorporate it into its law. The Attorney General had been assessing cases before the judiciary to look into obstacles obstructing cases. A data base of victims was being built. Civil society was also involved in this process. The aim was to coordinate State activities on this matter.

MARIO ERNESTO CASTRO GRANDE (El Salvador), speaking as a concerned country with regard to the Working Group on enforced or involuntary disappearances, noted that the Working Group had been able to carry out its work during its visit to El Salvador and was able to interview representatives of State officials and civil society to deal with question of disappearances during armed conflict. The talks between the State and the Working Group were open, objective and sincere. El Salvador had shown full respect for human rights since the end of the internal armed conflict and no new cases had take place since. This reflected the climate of stability that prevailed in the country. Most of the cases of disappearances took place between 1980 and 1983. This practice was not exclusive to any one party of the conflict. The Government had been making a number of efforts to clarify and close these cases. More than 300 cases had been resolved as a result of the information provided by the Government. El Salvador faced a very difficult situation to get reliable information. Despite this difficulty, among others, tremendous efforts had been made to find missing persons.

The State had established an inter-agency commission to focus on the cases of children who disappeared and had been successful in resolving a number of such cases. The commission had investigated 50 priority cases and number of them had been resolved and had resulted in eight family reunifications. The commission conducted 170 interviews in 2007 and the State had taken 325 measures to address cases of disappearances. Moreover, the Government of El Salvador recognized the importance of the work being done by the Working Group and stood ready to continue its support to the Group. El Salvador would strive to clarify all pending cases of disappearances before it in the shortest amount of time.

ELIA SOSA (Mexico), speaking as a concerned country, said that it was a priority for Mexico to observe and protect human rights. Great importance was attached to the recommendation of the Special Rapporteur on the sale of children, child prostitution and child pornography. The sale of children and child prostitution were a matter of national priority, in terms of crime prevention and also in the administration of justice. In keeping with the objectives of the National Development Plan for 2007-2012, Mexico had adopted a law on the sale and trafficking of children, which set out the necessary legal instruments to prosecute perpetrators as well as providing provisions for the protection of victims. The provisions also provided for the setting up of an inter-agency to address the prevention of such crimes, as suggested by the Special Rapporteur.

Additionally, Mexico’s Special Prosecutor’s Office was working to set up models to give specialized care for survivors of such crimes, in line with the age of the victims and the severity of the crimes. Undocumented child victims were also given the option of obtaining a visa for those who wished to remain in Mexico. Mexico took special note of the Special Rapporteur’s recommendations and reiterated its commitment to addressing any and all offences to human dignity.

HARKRISTUTI HARKRISNOWO (Indonesia), speaking as a concerned country, said that, as a member of the Human Rights Council, Indonesia was cooperating with the Council and its Special Procedures. Thus, the reports of Special Procedures should be carried out in good spirit. Indonesia had had 11 county visits by various United Nations Special Procedures. This attested to the great transparency of Indonesia. The country was witnessing a vibrant civil society and a free media, as well as active national human rights bodies. All were playing an important role in the protections of human rights. With so many bodies, it was not unusual that alleged cases of torture were brought up. In its cooperation with the Council, Indonesia focused on strengthening international cooperation and dialogue. The visit of the Special Rapporteur on the sale of children, child prostitution and child pornography to Indonesia was appreciated, but he had been unable to fulfil his mandate to study relevant important documents and reports. It was wondered how this could result in tangible and reliable recommendations. This was very unfortunate as Indonesia had had high expectations for his visit. Efforts should not be relaxed. A visit conducted in a manner that strengthened mutual dialogue would be able to produce balanced, fair and tangible recommendations.

RIGOBERTO GAUTO VIELMAN (Paraguay), speaking as a concerned country on the report of the Special Rapporteur on torture, said the visit of the Special Rapporteur took place in the context of a standing invitation to all United Nations’ Special Procedures by Paraguay. In addition to the measures already being implemented, Paraguay had been stressing the need to lodge formal complaints to punish those responsible for such acts. Among other things, the National Police included human rights as a cross-cutting subject in its curriculum for training police and correctional officers. With regard to prison personnel and detainees, certain challenges remained although a number of changes were being recorded in a number of institutions. Challenges had been benefiting more than 2,000 prisoners, which amounted to one-third of the prison population in the country. Some 288 detained convicted persons had been brought from prisons and had been given the necessary rehabilitation. Moreover, the Truth and Justice Commission was also completing its work and would issue its report in August this year. Its work was helping to eradicate the injustices of the past. Paraguay was working hard to uphold human rights through the strengthening of already existing United Nations human rights mechanisms.


1Joint statement on behalf of: Canadian HIV/Aids Legal Network; Action Canada for Population and Development; Development Alternatives with Women for a New Era; Federation for Women and Family Planning; and Human Rights Watch.

For use of the information media; not an official record

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