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March 21, 2007 

HUMAN RIGHTS COUNCIL DISCUSSES REPORTS ON USE OF MERCENARIES, ECONOMIC REFORM POLICIES AND FOREIGN DEBT, RIGHT TO EDUCATION

Concludes Debate on Internally Displaced Persons, Violence against Women, and Sale of Children

21 March 2007

The Human Rights Council this morning discussed the reports of the Chairperson/Rapporteur of the Working Group on the question of the use of mercenaries as a means of violating human rights, Jose Luis Gomez del Prado; the Independent Expert on the effects of economic reform policies and foreign debt on the full enjoyment of all human rights, Bernards Andrew Nyamwaya Mudho; and the Special Rapporteur on the right to education, Vernor Munoz Villalobos.

Mr. Gomez del Prado said the Working Group had established a system of communication to study allegations and possible violations and the impact of private military/security firms on the matter. Contrary to other Special Procedures, the Working Group was concerned with persons who could be both violators and victims of human rights abuses. The mandate covered rights to security, economic and social rights, indigenous peoples, health, labour and freedom of speech, and a wide range of interested groups and issues. 

Mr. Mudho said that he had given priority to the continued analysis of recent initiatives in the area of foreign debt and its impact on economic, social and cultural rights and had undertaken to summarise earlier analytical work, country visits and annual consultations with international financial institutions. The objective of his recommendations was to guide and to inform country-specific human rights assessments, and not to impose one-size-fits-all solutions. 

Mr. Villalobos said that in order to react to the phenomenon of educational exclusion, measures were taken such as inclusive education where all children should be educated together. Educative systems should stop seeing children with disabilities as problems and should see them as an opportunity to enrich their system. The available data showed there was a higher drop out rate among children with disabilities than among normal children. 

Speaking as concerned countries were Honduras, Ecuador and Morocco.

Cuba, the Russian Federation, Germany on behalf of the European Union and Portugal spoke in the interactive debate. 

At the beginning of the morning meeting, the Council concluded its consideration of the reports introduced yesterday on internally displaced persons, violence against women and the sale of children, child prostitution and child pornography.

Walter Kalin, Representative of the Secretary-General on the human rights of internally displaced persons, said in concluding remarks that the international community should offer technical assistance on the reform of land laws. Simpler and more efficient dispute settlement mechanisms should be created. 


Yakin Erturk, Special Rapporteur on violence against women, said that equal participation and equal access of all persons helped bring about greater inclusiveness in society, which counteracted violence and human rights violations. She suggested that the Council set aside one specific day to discuss violence against women and to adopt a strong resolution on the issue. A strong mandate should also be established for the Special Rapporteur. The involvement of non-governmental organizations was crucial. 

Juan Miguel Petit, Special Rapporteur on the sale of children, child prostitution and child pornography, said concerning the report on Ukraine, there was an error in the document, which was going to be rectified. The topic of corruption was raised by the Government of Ukraine and not initially by the Special Rapporteur, and the subject was indeed in the mandate of the Special Rapporteur because it was also related to trafficking of persons, among others. It was positive that China had raised the topic of donating of organs of prisoners. 

Algeria, United States, China, Canada, United Kingdom, Malaysia, Japan, Sweden, Bangladesh, Tunisia, Morocco, Costa Rica, Ecuador, Sudan, Brazil, and Sri Lanka spoke on internally displaced persons, violence against women and the sale of children. The following non-governmental organizations also spoke: Colombian Commission of Jurists, International Educational Development, Union de l'action féminine, International Commission of Jurists, Human Rights Advocates, Asian Forum for Human Rights and Development, Human Rights Watch, Asia Pacific Forum on Women, Law and Development, Interfaith International, Tchad Agir Pour l'Environnement, and Women's International League for Peace and Freedom.

The Council is scheduled to reconvene at 3 p.m. this afternoon at which time it will conclude its debate on the use of mercenaries, economic reform policies and foreign debt, and the right to education, and then will hear the presentation of the report on the Working Group on enforced or involuntary disappearances. 

Documents before the Council

The Council has before it the annual report of the Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination (A/HRC/4/42 and Add.1-2). The report provides an overview of the activities undertaken by the Working Group in 2006; identifies and studies the effects of the activities of mercenaries and mercenary-related activities in different parts of the world; elaborates on the theme of the State as the primary holder of the use of force, in particular in light of the effects of the activities of private military and private security companies on the enjoyment of human rights; provides an overview of normative developments in the field; and describes its envisioned future activities, notably a process of regional round tables. The Working Group recommends, inter alia, that Member States support the process of regional round tables and enable the Working Group to meet for three sessions annually. 

A first addendum to the report contains findings from the Working Group's visit to Honduras in August 2006, as part of a regional assessment of a recently observed phenomenon in which nationals of countries in Latin America have been recruited by private military and security companies. Despite a number of positive measures in the field taken by the Honduran Government, the Working Group remained concerned about Chilean and Honduran nationals who received training in Honduras and were sent to work in Iraq. A second addendum contains the report of the Working Group on its mission to Ecuador in August and September 2006, as part of the same regional assessment. Among other things, the Working Group recommends that Ecuador conclude without delay its investigation into the private military security company Epi Security and Investigations and that it offer effective solutions to those affected by the private military security firms involved in the programme of chemical sprayings as part of Plan Colombia.

The Council has before it the note verbale from Honduras to the Office of the High Commissioner for Human Rights (A/HRC/4/G/6), transmitting the comments of the Government of Honduras on the report of the Working Group on mercenaries visit to Honduras. The comments take up the report on a paragraph-by-paragraph basis, challenging many of its assertions, and providing further information for clarification. For example, with regard to the recruitment of Honduran nationals to work in Iraq, the Government notes that that practice was discontinued after the hiring of the 189 workers referred to in the report. Also, it points out that, in Honduras, private security companies are for-profit commercial legal entities, not private military security companies. The term “mercenary” does not exist in Honduran law. Although the actions of Your Solutions Honduras have allowed the Commission to use the term to identify a human rights violation, no personnel have ever been trained for that purpose in Honduras. The persons concerned were recruited to work as security guards.

The Council has before it the report of the Independent Expert on the effect of economic reform policies and foreign debt on the full enjoyment of all human rights, Bernards Andrew Nyamwaya Mudho (A/HRC/4/10), which outlines the evolution of the Independent Expert's mandate during the past years and summarizes its main results. The first part of the report analyses recent debt relief initiatives and their impact on poverty reduction and the realization of all human rights. It concludes that current concepts of debt sustainability used by the Bretton Woods institutions do not sufficiently reflect Millennium Development Goals and human rights related objectives. In its second part, the report reviews possible human rights implications of standard reform policies promoted by the multilateral financial institutions. While recognizing the importance of broad macroeconomic stability for growth, development and realization of human rights, the report underlines the equally important need for county-specific solutions instead of one-size-fits-all stability thresholds and macroeconomic schemes. Concerning trade reform policies, trade liberalization should be combined with measures to improve the productive capacity of the poor country’s economy and to strengthen its competitiveness on the global market. Finally, structural reforms in health and education sectors should always be guided by countries’ international human rights obligations. 

The Council has before it the report of the Special Rapporteur on the right to education, Vernor Muñoz Villalobos, on the right to education of persons with disabilities (A/HRC/4/29 and Add.1-3), which says the right to inclusive education implies that it is possible for all children and young people, regardless of their situations or differences, to learn together. The paradigm of inclusive education is a response to the limitations of traditional education, which has been described as patriarchal, utilitarian and segregational, as well as to the shortcomings of special education and policies to integrate learners with special needs into mainstream educational systems. The concept of inclusive education is contained implicitly in the International Covenant on Economic, Social and Cultural Rights and the Convention on the Rights of the Child, and expressly in a number of instruments, including the recently adopted Convention on the Rights of Persons with Disabilities. The report recommends a series of legislative, policy and financial measures that need to be adopted in order to give effect to this right. It also identifies some of the obstacles that prevent the fulfilment of the right to inclusive education, including the discrepancy that exists between the normative framework and the resources available for realizing the right to inclusive education, as well as the lack of genuine political will to achieve this goal. 

A first addendum to the report contains a summary of communications sent to and replies received from Governments and other actors from 1 January 2006 to 11 January 2007. A second addendum contains a preliminary note on the Special Rapporteur's mission to Morocco, which commends the authorities for their efforts in combating illiteracy and in ensuring positive progress in the generalization of primary education, which has evolved from a school enrolment rate of 40 per cent in 1960 to 93 per cent in 2006. The Special Rapporteur also identified the rising phenomenon of child labour as an important factor impeding children’s enjoyment of their right to education, and urged Morocco to elaborate and implement appropriate legislation on the prohibition of child labour; to consider establishing the age for completion of school education as the minimum age for admission to any form of employment; and to adopt appropriate socio-economic policies and measures to tackle the root causes of these phenomena. [A/HRC/4/29/Add.3 is not immediately available]

Presentation by Chairperson/Rapporteur of Working Group on the Use of Mercenaries

JOSE LUIS GOMEZ DEL PRADO, Chairperson/Rapporteur of the Working Group on the Use of Mercenaries as a means of violating human rights, said the Working Group had established a system of communication to study allegations and possible violations and the impact of private military/security firms on the matter. Contrary to other Special Procedures, the Working Group was concerned with persons who could be both violators and victims of human rights abuses. The mandate covered rights to security, economic and social rights, indigenous peoples, health, labour and freedom of speech, and a wide range of interested groups and issues. 

Mr. Gomez del Prado said missions to Honduras, Ecuador and Peru had collected much new data on manifestations and tendencies. There were inter-linkages between traditional mercenaries and private security companies, the privatisation of war and the export of military manpower. Military and private security companies enjoyed immunity and this could lead to impunity with states even contracting with private firms to avoid liability. He reiterated the need for a prohibition of military and private security companies becoming involved in armed conflict. 

The Working Group had noted that one difficulty related to the fact that countries paid little attention to the phenomenon of mercenaries. They did not accede to the 1989 Convention or adopt legal and administrative measures to combat mercenaries. The Working Group considered that in the long or short term, it would be necessary to have a round table under United Nations auspices to debate the question of the role of States in holding monopoly over the use of force. 

Mr. Gomez del Prado said missions on the ground were continuing with the aim of studying emerging trends and monitoring violations resulting from the use of mercernarism. At the same time, efforts were under way to encourage adhesion to the 1989 Convention. The Working Group considered that the Human Rights Council could promote a model law on the Convention to facilitate the process of establishing international norms. Lack of recognition of the effects of mercenarism was shared by intergovernmental organizations as well as national authorities. 

In Honduras and Ecuador and Peru, recommendations were being followed up. Peru was working towards adhesion of the Convention and had established new legal instruments prohibiting the contracting of Peruvians for security work in zones of armed conflict. Regarding Honduras, the Group recommended studying the manner in which legal organs and law enforcement institutions were introducing changes needed to guarantee public order and protect security, to look at ways of controlling private security company activity, and to prohibit export of private military or security services. Concerning Ecuador, the Working Group recommended that it establish national legislation to control the phenomenon, implement recommendations of the Peoples’ Defence and National Congress on the situation of spraying in the Northern frontier, and a number of other measures. 

Presentation by Independent Expert on Effects of Economic Reform Policies and Foreign Debt on Human Rights

BERNARDS ANDREW NYAMWAYA MUDHO, Independent Expert on the effects of economic reform policies and foreign debt on the full enjoyment of all human rights, particularly economic, social and cultural rights, said since the presentation of the previous report in September 2006, he had given priority to two thematic areas: first, a continued analysis of recent initiatives in the area of foreign debt and its impact on economic, social and cultural rights; second, he had undertaken to summarise and draw operational conclusions from earlier analytical work, country visits and annual consultations with international financial institutions, with a view to finalising a first set of draft general guidelines on a human rights-consistent design and implementation of debt and economic reform programmes. 

Mr. Mudho underscored once again the shared responsibility of creditors and borrowing States with regards to the debt burden of developing countries. The new framework was designed to guide both creditors and borrowers in their decisions so that the accumulation of unsustainable debt could be avoided. The key objective of this new approach still remained the financial ability to service debt rather than the sustained financial ability to pursue and achieve wider human rights and development objectives. Thus, the promotion of an alternative debt sustainability concept had to be a centrepiece of the draft general guidelines. Domestic peer review mechanisms could play an important role to complement current creditor driven debt sustainability analysis with alternative local views. 

The present report and the draft guidelines should be cautions with concrete and straightforward policy receipts. The objective of the recommendations was to guide and to inform country-specific human rights assessments, and not to impose one-size-fits-all solutions. A human rights based approach not only required an outcome of economic reforms that was in conformity with human rights principles, but also a human rights inspired process of designing and implementing debt and economic reform policies. Relief agreements, new loan arrangements and any economic policy reform should be formulated in a participative and transparent way, with relevant information made available in a timely manner, and with the knowledge of the public, legislative frameworks, institutional arrangements and mechanisms for consultation and accountability being established. 

Presentation by Special Rapporteur on Right to Education

VERNOR MUNOZ VILLALOBOS, Special Rapporteur on the right to education, noted that the mandates of all the Special Procedures had been extended for one year. He believed in the need to strengthen education using the Special Procedures to promote joint missions and reports. He had carried out several missions recently, such as to Germany, Morocco and Malaysia. His work in his annual report focused on people with disabilities, who suffered from educational exclusion. It was estimated that 120 million children with disabilities were living in poverty. Between 20-50 per cent of all students had special needs at some point during their studies. There was uncertainty on which level those children were excluded from educational systems. To react to the phenomenon of exclusion, measures were taken, such as inclusive education where all children should be educated together. Children with special needs should have access to regular education as well. 

Educative systems should stop seeing children with disabilities as problems and should see them as an opportunity to enrich their system, Mr. Villalobos said. The system of segregated education consisted of the separation of two education systems, one for children with disabilities and one for children without. Often, the special educational institutions did not take proper care of the needs of children with disabilities. In regular schools, students were reluctant to have children with disabilities working with them. Human rights standards imposed three obligations, such as no obstacle to joining education, that the State should protect children while being educated, and that it took measures to maximize access to education. Ministries of Education must see to it that inclusive education was ensured. Different shortages like the absence of attention to the special needs of females with disabilities, a lack of resources and a lack of teaching materials should be combated. 

Based on the questionnaires, in most of the countries mixed structures combining students with and without disabilities existed, Mr. Villalobos said. But there was no quality control for special education. Public debt and a lack of investment were obstacles to that. Also the lack of data was a problem to measure for example the dropout rate. The available data nevertheless showed a higher drop out rate concerning children with disabilities than children without. The report included a series of recommendations to foster the right of children with disabilities to enjoy their right of education. Ministries must be responsible for the education of persons with disabilities. 

Concerning the visit to Germany, several meetings were held with the Government, experts and non-governmental organizations. With regard to the Pisa study, Germany was the country with the highest correlation between the social environment of the students and their school performance. Equitable and equal conditions for learning for all must be guaranteed. The Government should foster widespread discussions, especially concerning the marginalization of some students. Concerning the visit to Morocco, the country had undertaken a set of legislative measures to protect human rights in general and improve the educational system. 

Statements by Concerned Countries

SANDRA PONCE (Honduras), speaking as a concerned country in response to the report of the Chairperson of the Working Group on the use of mercenaries, said the observations after the visit by the Working Group on the use of mercenaries had been noted. Regarding the effect of the violation of international law on the right to self determination and non intervention, the Government was investigating the circumstances under which Honduran and Chilean citizens had been recruited for export to Iraq. This was not a violation of international law. Conclusions of the investigation would be transmitted to the Working Group. Honduras wished to highlight the effectiveness of procedures. An institutional group was set up to ensure follow up to the observations of the Working Group. This committee had been dealing with human rights of Hondurans sent to Iraq. This had not been fully checked out due to inadequate resources. The delegation said it would like the Working Group to make a site visit to establish the circumstance of the transfer to Iraq. The Working Group had been concerned about regulations for private security firms in Honduras. Domestic regulations were insufficient or inappropriate. Congress was currently debating a new bill and would take account of the recommendations on the legislative framework. 

On the killing of Mr. Garcia, who had been defending labour rights of security forces, the Public Prosecutors’ office was working on this and had brought a criminal case against an individual. The information would be published and transmitted to the Working Group. 

MAURICIO MONTALVO (Ecuador), speaking as a concerned country in response to the report of the Chairperson of the Working Group on the use of mercenaries, said the Working Group, responding to the outstanding invitation that Ecuador had extended to all Special Procedures, Rapporteurs and mandates, had visited the country, including areas that were directly related to Ecuador’s interests, to look into the work of labourers, the possible labour exploitation of foreign security workers, and other issues. Ecuador’s responses to the report would be circulated in a document. The recommendations were welcomed with a spirit of constructive criticism. Ecuador had not implemented one recommendation, but all the others had been dealt with in one way or another, with legislative and constitutional reforms underway, measures taken to implement international standards, and reforms in due process, among others, including with regards to spraying along the northern border. 

There was a clear strengthening of human rights institutions, as had been recognised by the Council and other United Nations bodies. In accordance with the Constitution, work was being done to reinforce institutions, and to continue to protect and reinforce human rights. In the report, it was important to distinguish between Ecuadorian institutions, and those belonging to other countries. Although actions did take place that had an effect on Ecuador, these were not necessarily the responsibility of the country, which was in fact a victim of these, as had been pointed out by the Working Group. The Working Group had determined that the foreign and transnational company which was carrying out these actions was the same one that was carrying out the spraying along the northern border. Ecuador did not agree with the view of the Working Group that the lack of any complaints against military and private security agents meant that the people in the country did not know about human rights procedures - this was because there were no occurrences to denounce. 

MOHAMMED LOULICHKI (Morocco), speaking as a concerned country in response to the report of the Special Rapporteur on the right to education, said that Morocco wanted to thank Mr. Villalobos for his report and his recommendations following his visit to the country. The visit gave effect to a fruitful dialogue. While awaiting the publication of the report, the recommendations would be studied by Morocco. The Special Rapporteur would be notified with a document. Morocco attached the highest importance to the right to education. Morocco had developed several reforms to foster the educational system. Social integration should be promoted through education. Concerning the promotion of human rights in the educational system, measures had been adopted such as the establishment of an observation centre, curricular programmes and the establishment of a children’s parliament to introduce democratic principles to them. 

An additional effort by the authorities had been done through the establishment of a national plan of action. The Government of Morocco was fully aware of the problem of school dropouts, particularly in rural areas. The Government therefore was working on electrification systems and drinking support infrastructure for this reason. The private sector was involved to backup the public measures taken to foster education. Morocco strongly supported the International Convention on the Rights of Persons with Disabilities. Morocco wished to develop and promote the linguistic diversity within the country. Morocco was waging a long term struggle to combat school drop out. Measures were also being taken to reduce the illiteracy rate. 

Interactive Dialogue on the Use of Mercenaries, Economic Reform Policies and Foreign Debt, and Right to Education

RODOLFO REYES RODRIGUEZ (Cuba) said Cuba had signed the Convention in the Use of Mercenaries. The Working Group on mercenaries had done good work in monitoring the impact of private security companies used to prop up regimes. Large numbers of mercenaries had been used to support the coalition forces in Iraq and to carry out the hegemonistic designs of Washington. Some had been involved in torture. Cubans had been executed by Central American mercenaries, and there was the implication of certain well known criminals in the 1976 explosion of a civilian airplane. The culprits had not been brought to face justice. Cuba said it was essential for the Working Group on the use of mercenaries to visit the United States. 

Structural adjustment and external debt for human rights were essential and Cuba congratulated Mr. Mudho on coming up with general guidelines in this area. The burden of debt was to be resolved through structural adjustment, yet developing countries continued to finance the opulence of the north. ¨

Cuba endorsed recommendations on the right to education, the Cuban system being totally inclusive, ensuring also the rights of children with disabilities, and this was a victory of the Cuban Revolution. 

ALEXEY GOLTYAEV (Russian Federation) said with regards to the report of the Working Group on the use of mercenaries, the work of the Group was commended, and the report welcome. It was balanced and presented an appropriate reflection of the real situation. The privatisation of the use of force in recent times had become a way of shirking responsibility for human rights violations and of international humanitarian law which took place during conflicts. The transfer by States of some of their functions to private hands should not release States from their responsibilities. The Group should continue to work on this subject. 

On the question of the responsibility of mercenaries as non-State actors for the violation of human rights and the threat posed by these non-State actors to the independence and territoriality of States, it was hoped the activities of the Working Group would bring about a change in the attitudes of those who maintained that human rights could only be violated by States or their representatives, and denied the responsibility of non-State actors. Russia supported the extension of the mandate of the Group. 

BIRGITTA SIEFKER EBERIE (Germany), speaking on behalf of the European Union, congratulated the Special Rapporteur on the right to education for his excellent report. The European Union asked if the question of the importance of a transparent and efficient cooperation process between independent mechanisms at a national level and the United Nations monitoring system in the area of the protection and promotion of the right to education of children with disabilities could be more elaborated. In addition, what should be the role of civil society, in particular of persons with disabilities and their representatives’ organizations, in the implementation of those monitoring mechanisms. 

ANA BRITO (Portugal) said the report on the right to education mentioned the role of data collection on literacy. Did the Special Rapporteur have specific recommendations regarding the definition of international standards. Also, were there any conflicts between established legal safeguards and international norms on the protection of human rights and fundamental freedoms and the ethical use of the statistics? 

Continuation of Interactive Dialogue on Reports on Internally Displaced Persons, Violence against Women, and the Sale of Children

MOHAMMED BESSEDIK (Algeria) said Algeria fully supported the call for concrete efforts towards the full implementation of the Convention on the Rights of the Child. The report of the Special Rapporteur on the sale of children, child prostitution and child pornography was not politicized, and had made proposals which merited the explicit support of the Council. Algeria was committed and determined to deploy all efforts possible to guarantee children a proper education and give them the best life possible, allowing them to develop all rights. 

On the report on violence against women, Algeria supported the comments on behalf of the Organization of the Islamic Conference. In line with its general intentions, Algeria had ratified the United Nations Convention on the Elimination of All Forms of Discrimination against Women, as well as other relevant conventions. The fundamental rights of women were part of universal human rights, and Algeria was committed to supporting and reinforcing those rights. There was an urgent need to continue to progress in this area, and Algeria would spare no efforts to ensure that women were fully involved in the development process, and in economic, political and social life, with a particular focus on women in rural areas. 

AMY OSTERMEIER (United States) said the United States was deeply concerned about the use of rape as a weapon by Governments during wartime. Gender-based violence in Darfur was a particular concern, with women and girls brutalized during the early stages of the conflict, and driven from their homes. There were disturbing trends also in Burma’s Karen State, were violence and rape were used as part of a strategy to terrorize and subjugate the Karen people. The delegation called on the Burmese regime to step up responsibility for protecting its own people from those crimes. The United States also pointed out that prostitution and related activities were inherently harmful and dehumanizing and contributed to the phenomenon of human trafficking. Legalizing prostitution could increase the number of trafficking victims, and the United States asked whether the Special Rapporteur had a view on the risk of legalization.

ZHAO XING (China) said that China noted the report on the sale of children, child prostitution and child pornography and wanted to comment on it. Chinese laws provided strict provisions concerning prisoners. Only adults above the age of 18 could be sentenced to death and executed. The death sentence did not apply to children. The Rapporteur was supposed to conduct studies related to the sale of children, child prostitution and child pornography, and the mention of the situation of prisoners had nothing to do with the mandate of the Special Rapporteur. 

CHANTAL WALKER (Canada) said that Canada continued to work within the international community to ensure that culture, in all its forms, was never used as an excuse for any act of violence. In that light, the report of the Special Rapporteur on violence against women drew attention to the importance of acknowledging the crucial nature of the work being done by local women’s groups in eliminating violence against women and girls. The growing influence of non-State actors and the need to broaden understanding of due diligence beyond the obligations of individual States was also a useful observation. 

The advocacy role of the Special Representative on internally displaced persons in support of the rights and well being of the internally displaced remained essential, and his advances in seeking to promote their integration into national legislation and policies was a positive point. The Special Representative's preoccupation with the situation of internally displaced persons in a number of countries – where the displaced faced a protection crisis – was shared. Ensuring an effective response to the rights and well-being of the internally displaced required a concerted effort involving many actors, and the Special Representative was encouraged to continue to foster synergies across the United Nations system and to engage with national Governments, and national and international non-governmental organizations. 

HARRIET CROSS (United Kingdom) welcomed the Government of Colombia’s cooperation with Mr. Kalin and asked whether Mr. Kalin could update the Council on the situation and suggest priority areas for action on improving the situation of internally displaced persons there. The United Kingdom also asked Ms. Erturk to elaborate on possible ways in which her mandate might be strengthened. 

MARGARET HO POH YEOK (Malaysia) said that the Malaysian delegation wanted to thank the Special Rapporteur on her report on violence against women. Gender-based violence could not be condoned. Malaysia acknowledged that it had so far undertaken limited research to study the link between culture and violence against women. Recommendations from the Special Rapporteur were therefore welcome in order to eliminate all sorts of gender-based violence in the country. A campaign was launched in 2001 to raise awareness on the topic of violence against women. Recognizing that violence against women also happened in families, the Government had undertaken efforts to raise awareness among newlyweds. Relevant information about the challenges of marital life was provided to them. Malaysia also planned to publish a book for children on the theme of violence against women. 

MAKIO MIYAGAWA (Japan) said, with regard to the report of Mr. Petit, the Special Rapporteur had examined two serious issues regarding the rights of the child, namely illegal trafficking of children’s organs and tissues and the abduction of children. Both of those issues were very important. Japan had enacted a law concerning organ transplantation which prohibited the sale of human organs for organ transplant, and Japan’s legal framework punished the act of selling or buying children for purposes of child prostitution, let alone the act of abduction and kidnapping. 

Japan fully agreed with the recommendations in the Special Rapporteur’s report that legal measures would not be enough to effectively prevent and tackle those issues, and firmly believed that education programmes, as well as awareness-raising activities, were essential. Cooperation between countries concerned was also a prerequisite. The Special Rapporteur should explain how it would be possible to facilitate bilateral and regional cooperation in a situation where one country was on the supply side, and the other on the demand side. On violence against women, that should not be justified. Japan's position on that issue had been expressed on many occasions, and it extended its sincere apologies and remorse to all those who suffered pain and wounds as comfort women. 

JAN NORDLANDER (Sweden) said the escalating conflict in Sri Lanka, including shelling in areas populated by civilians, had led to growing numbers of internally displaced persons (IDPs) – 127,000 according to the UN Refugee Agency (UNHCR). UN agencies were unable to help civilians in front line areas. The situation in Batticaloa district was particularly bad, with an urgent need for food, sanitation and shelter. There were reports that the Government had been returning internally displaced persons from Batticaloa to Trincomalee, and that officials and troops had been threatening internally displaced persons with withdrawal of humanitarian aid, and also of abductions and killings, and there were also threats to non-governmental organizations in or near IDP camps, notably from paramilitary personnel. Sweden asked what action could be taken to protect and guarantee the rights of Sri Lankan citizens and internally displaced persons. 

NAYEM AHMED (Bangladesh) thanked the Special Rapporteur on violence against women for her excellent report. Bangladesh had read it with great interest. The cultural factor explained a lot concerning violence against women. The violation of women's rights should be recognized as a human rights violation. Bangladesh had made tremendous progress in women’s rights and in their empowerment. A comprehensive approach was the key issue in combating violence against women. Socio-economic and cultural progress in Bangladesh had been made possible through cooperation between the Government, non-governmental organizations and civil society. Bangladesh was committed to eliminating all forms of discrimination against all women. In that connection, Bangladesh wished to highlight that empowerment of women in Bangladesh through the use of microcredit had been seen as a role model throughout the world.

MOHAMED CHAGRAOUI (Tunisia) said, with respect to violence against women, the conclusions of the report of the Special Rapporteur incited the international community to redouble its efforts in order to halt that phenomenon, which harmed the physical and moral integrity of women, and which, consequently, offended their dignity. To fight that phenomenon, Tunisia had adopted a global strategy which included the implementation of appropriate judicial means, as well as awareness programmes. 

However, women could be exposed to violence either as wives or as girls. With regard to wives, the Tunisian legislature had taken note of the problem of conjugal violence, and the Penal Code allowed for that problem to be treated both with penal severity and the spirit of conciliation. Similarly, the Code of Protection of Children protected girl children from all forms of aggression and ill treatment. Civil society was associated with all the efforts of the State to protect the physical integrity of women. Given the risk of seeing the phenomenon of violence against women increase, Algeria called upon the international community as a whole to take action, and called upon the Council in particular in order to examine that issue in all its aspects. 

MOHAMMED LOULICHKI (Morocco) said Ms. Erturk’s report concerned not just adopting laws and measures, but also extended into educational and family spheres to eliminate prejudices. Education should take account of tolerance and respect for diversity to combat stereotypes harmful to women. Media awareness-raising, non-governmental organization involvement and civil society were also important in promoting equality and respect for differences. Civil society’s role was decisive here too. Promotion and protection of womens’ rights was a priority for Morocco. Morocco had introduced reforms in this sphere, including adoption of the family code and equality for rights for men and women, adopting national strategies to combat violence against women, criminalization of sexual harassment in the workplace, and revision of school textbooks to remove discriminatory references. A national observation centre for violence against women, and a hotline for victims of violence to provide support and legal advice had also been established. 

Mr Petit’s efforts to tackle the sale, prostitution and pornography involving children were welcomed. Morocco had hosted a visit from the former Special Rapporteur. Concerning sale of organs and child disappearances: those two phenomena went beyond national borders, and required effective international, Government and civil society cooperation to tackle them. Morocco had signed the Convention on the Rights of the Child and its Optional Protocol on the sale of children, child prostitution and child pornography, and had also established a plan of action to promote and protect all vulnerable groups, with special emphasis on promotion protection and reintegration of children who were victims of violence. 

LUIS VARELA QUIROS (Costa Rica) noted with pleasure the three reports presented yesterday. Costa Rica wanted to make a statement concerning the report of the Special Rapporteur on the sale of children, child prostitution and child pornography, in which attention had been called to the serious dangers that the most vulnerable population, children, were exposed to. What future awaited the world if children were continuously exploited and trafficked? Costa Rica asked for the strong support of the Special Rapporteur and encouraged him to continue his work, so that action would be taken in the future. For its part, Cost Rica had taken legislative measures to combat child prostitution, pornography and trafficking.

ARTURO CABRERA HIDALGO (Ecuador) said internal displacement was a rapidly growing phenomenon and protection of internally displaced persons a developing field of activity. Ecuador welcomed the report’s contribution to that development, and the highlighting of the need for durable, genuine solutions to issues that had not been given the priority they deserved. As the Government of Costa Rica had already commented, in his report Mr. Kalin had highlighted the negative impact of chemical spraying by Colombia, which had caused mass population displacements. Those practices directly threatened the ability of those affected to enjoy their human rights. Ecuador stressed that measures such as these to combat drug trafficking had to be subject to negotiations and agreement between all concerned parties.

IGBAL ELAMIN (Sudan), addressing the issue of internally displaced persons, said Sudan had various policies to protect the displaced. New challenges were facing Sudan in that sphere, and Sudan based its policy on a range of points. The international community was expected to provide material assistance to the displaced, with the aim of bringing about voluntary return, in agreement with the plan established between the partners. The Government had tried to re-establish social and economic development efforts, and to help the areas affected by conflict to rebuild their local communities. Reconciliation between the hill tribes in Southern Sudan had been achieved, restoring the humanitarian corridors. The Special Rapporteur would receive the necessary replies. 

SERGIO ABREU E LIMA FLORENCIO (Brazil) thanked the Special Rapporteur for her report on violence against women. Important progress had been made recently in Brazil in its efforts to combat violence against women. On the legislative level, the judicial system had been provided with a new law, constituting an important instrument for combating violence against women. With regard to implementation, Brazil highlighted the creation of the special secretariat of policies for women, as well as the National Council for Women in 2003. Centres had also been created to protect women against violence within the family. Women therefore felt more confident and protected to freely express themselves. Databases and information on violence against women within society was being collected. Also, a call centre had been created to assist women facing domestic violence. 

SHAVINDRA FERNANDO (Sri Lanka) said Sri Lanka was working closely with Mr. Kalin to finalize details of his visit to Sri Lanka, and that the Government was doing all that it could to assist the internally displaced, working closely with humanitarian agencies. Sri Lanka was also currently formulating guidelines for confidence-building and stabilization measures for internally displaced persons. It hoped to establish a programme of action that could be implemented effectively, in order to stabilize the population and build confidence between communities, the displaced, law enforcement, and the armed forces, and also to ensure infrastructure to enable voluntary resettlement. Sri Lanka intended to bring in other humanitarian and non-State actors to ensure the necessary infrastructure could be built. The aim was to stabilize conditions and improve readiness for the return of persons, with the expectation that voluntary return would occur over time.

GUSTAVO GALLON, of Colombian Commission of Jurists, welcomed the report of Mr. Kalin, which reflected the grave and continuous violations of the rights of the victims of forced displacements. The Special Rapporteur had expressed his surprise that land had been illegally taken. The Comisión thanked the Special Rapporteur for the recommendations in his report, and asked that they be immediately implemented. Concerning women facing armed conflicts, there should be codes of conduct. 

KAREN PARKER, of International Educational Development, said in Sri Lanka a genocidal campaign of ethnic cleansing of the Tamil peoples was taking place in the Tamil areas. There were still several hundred thousand internally displaced Tamils due to the tsunami, and now there were maybe as many as 700,000 displaced Tamils due to the armed conflict as well as the tsunami, representing more than one third of the entire Tamil population. The Special Representative should urgently visit the area, along with other mandate holders, and the Council should take steps to ensure that they had full and unfettered access to all affected areas.

FATIMA DUTALEB, of Union de l'action féminine, said, with regard to the report on violence against women, that was an international issue, and women’s rights were often denied in the name of culture and customs. In Morocco, women’s non-governmental organizations had worked to challenge the perceptions that limited their rights, and that had led to many reforms, all of which had provided for more guarantees regarding justice, equality and reparation for women victims of violence. However, there was concern for the need to consolidate what had been achieved, as the cultural dimension was taken as a given. 

LAILA KARIMI, of International Commission of Jurists, said it was deeply concerned about reports from Sri Lanka, and the trend of forced resettlement in the east with the threat of humanitarian aid being withdrawn. The International Commission was also concerned about children in camps for internally displaced persons (IDPs), as well as schools in the firing line and the consequent traumatization of children. There was an acute humanitarian crisis and a need for access for the international humanitarian agencies to provide for immediate needs. The International Commission was also concerned about the IDP situation in Colombia, where over 3 million internally displaced persons had been reported. 

CARYN NUTT, of Human Rights Advocates, said that Security Council Resolution 1325 (2000) required special measures to protect women and girls from gender-based violence during armed conflict. In that connection, Human Rights Advocates asked what suggestions the Special Rapporteur had for encouraging the domestic prosecution of sexual exploitation, abuse, and trafficking by forces contributed to peacekeeping missions. 

RAFENDI DJAMIN, of Asian Forum for Human Rights and Development, had a number of questions and comments to put to the Special Rapporteur on internally displaced persons. Could he clarify how the proposed benchmarks related to voluntary and safe return and resettlement of internally displaced persons could be implemented in some contexts, such as in Sri Lanka? He should also elaborate on progress in developing the handbook for the national implementation of Guiding Principles on Internal Displacement for parliamentarians and policy makers. Also, what were the follow-up mechanisms when there was no follow-up action by Governments? And what was the Special Rapporteur's perspective on how national human rights institutions could best work with Governmental and UN agencies in addressing emergency situations in terms of protection of the human rights of the internally displaced? 

SEBASTIEN GILLIOZ, of Human Rights Watch, said there were grave concerns concerning the situation of internally displaced persons in Sri Lanka, with forced returns, threats concerning withdrawal of aid, and grave security concerns. There had been threats and violence to individuals in Batticaloa, abductions – including of children - by the Liberation Tigers of the Tamil Eelam (LTTE), and other serious problems. The Human Rights Council should call on the Government of Sri Lanka to stop forced returns, and support human rights monitoring in the country. 

MADHU MEHRA, of Asia Pacific Forum on Women, Law and Development, said that the Forum fully supported the recent report to the Human Rights Council by the Special Rapporteur on violence against women, which had provided a critical analysis of the use of culture to justify and perpetuate violence against women. The recognition and protection of the human rights of women including the end to all forms of violence against them, was a pressing global priority that deserved and required the full and unconditional support of the international community. 

MOSTAFA BOUH, of Interfaith International, said women in the Western Sahara in the Tindouf camps were undergoing a daily, multifaceted form of exploitation. However, their situation should not be viewed separately from those of their brothers, also held in the camps. This conflict gave rise to a daily quota of suffering. Humanitarian aid was hijacked and sold as contraband in countries of the region. The conflict was a pure sequel of the Cold War. Self-determination was not a synonym for independence or separatism, but led to autonomy or integration, and the majority of Sahrouis wished for autonomy. 

ABDOULAYE YOUGA, of Tchad Agir Pour l'Environnement, said the organization was concerned about the removal of olive trees by Israel in the Occupied Palestinian Territories, as these olives were the only source of income for Palestinian farmers. The organization believed that for the first time in the history of the region, all the parties were ready to accept the State of Israel. That should strengthen international resolve to implement the partition of Palestine into two autonomous countries and establish a durable accord. In Darfur, the first priority was protection of civilians. Eastern Chad was also affected, with displaced persons involved in deforestation there. The organization was also concerned by the issue of poverty among divorced or widowed women. African custom deprived them of inheritance and of chances of obtaining business loans. It also condemned the problems faced by female prisoners on both sides in Colombia and called for the freeing of Ingrid Betancourt.

AMY BARROW, of Women’s International League for Peace and Freedom, welcomed the examination of the intersections between culture and violence against women in the report of the Special Rapporteur. The Women's League welcomed acknowledgement that all forms of cultural essentialism undermined international human rights and the elimination of violence against women. All Member States were urged to review any discriminatory legislation and criminal justice procedures which could exacerbate rather than respond effectively to violence against women. 

Concluding Remarks by Experts on Internally Displaced Persons, Violence against Women, and Sale of Children

WALTER KALIN, Special Rapporteur on the situation of internally displaced persons, said there was a fruitful relationship between his mandate and the Governments he was dealing with. The comments of the delegation of Côte d’Ivoire were noted. Germany had asked questions regarding land disputes, and what the international community could do in this regard: the international community could and should offer technical assistance on the reform of land laws. Support should also be given to create dispute settlement mechanisms that were simpler and efficient. 

On measures ensuring that internally-displaced persons could use their electoral rights, it was necessary to take measures to remedy this situation, allowing them to register as voters, and giving them access to ballot boxes. On what measures should be taken to prevent the infringement of the human rights of victims of natural disasters, there were various measures including training, capacity-building, but there was a need for increased donor support in this regard. There was concern for the reluctance of some Governments to see a more active role by the UN Refugee Agency. 

On the terminology used as referred to by Serbia, this was a technical omission, and a corrigendum was being issued. On the effective implementation of policies for internally displaced persons, there was often a lack of political will in this regard. On Colombia, the main priority was to implement the 2004 decision by the Constitutional Court, and to strengthen the early-warning mechanism, and to address the issue of urban displacement, particularly in view of the strengthening of paramilitary activity. 

Yakin ErtUrk, Special Rapporteur on violence against women, its causes and consequences responding, said she was heartened by the strong endorsement of her mandate expressed by Member States. She said only 32 per cent of Special Procedures had responded. This undermined the effectiveness of the communications procedure. She suggested publishing at each session of the Council rather than once a year. 

Abuse, torture and killing were caused by unequal power. Specific country missions specified how conflict and occupation exacerbated the situation. Her report aimed to go beyond a narrow definition of culture in order to overcome personal biases and acceptance within cultures. States could respond to this, and the ruling principle was: zero tolerance to violence – this would destabilize all justifications, cultural or otherwise. She suggested one specific day to discuss violence against women and to adopt a strong resolution on the issue. A strong mandate should also be established for the Special Rapporteur. The involvement of non-governmental organizations was crucial. Other ways of engaging with civil society should be found at these forums. Her first report had referred to an intersectoral approach, which looked at different sectors in which violence against women occurred – there was a protection gap for example with regard to sexual orientation. Equal participation and equal access of all persons helped bring about greater inclusiveness in society which counteracted violence and human rights violations. 

Ms. Erturk said she had not carried out any mission to the Asia Pacific region but had participated in consultations in the region, supported by the Australian Government. She called on other regional states to support similar consultations. She welcomed the invitation from the Democratic Republic of Congo to visit there. 

JUAN MIGUEL PETIT, Special Rapporteur on the sale of children, child prostitution and child pornography, said he wanted to respond to some topics and critical points that had emerged. Concerning the report on Ukraine, there was an error in the document, which was going to be rectified. There was a lack on information concerning this country in transition in relation to data to measure social factors. The sources for the documents and figures in the report were indicated. The Representative of Ukraine had asked about the figures of migration. The figure was indeed a very large one, corresponding to two persons a day who had been assisted to reintegrate. But it should be ten times higher. The approach was systematic. 

The topic of corruption was raised by the Government of Ukraine and not initially by the Special Rapporteur, Mr. Petit said. The subject was indeed in the mandate of the Special Rapporteur because it was also related to trafficking of persons, among others. It was positive that China raised the topic of donating of organs of prisoners. These persons were not in full possession of their rights, Mr. Petit added. Germany asked how to reintegrate women and children suffering from trafficking. There could be networks of volunteers responding to such emergencies when they were occurring. Concerning peace forces related to prostitution, there should be human rights units within the armed forces to educate the soldiers about those topics.