Commission on Human Rights adopts five resolutions on human rights of women, specific groups and individuals

Commission on Human Rights
57th session
24 April 2001
Afternoon




The Commission on Human Rights this afternoon adopted five resolutions and two measures concerning the human rights of women, protection of human rights in the context of HIV/AIDS, the human rights of migrants, and the administration of justice.

In a resolution on traffic in women and girls, adopted by consensus, the Commission urged Governments to address the root factors that encouraged such trafficking and called upon Governments to criminalize it and to penalize traffickers and intermediaries, while ensuring protection and assistance to victims with full respect for their human rights.

Concerning the elimination of violence against women, the Commission adopted by consensus a resolution in which it condemned all acts of gender-based violence and called for elimination of all forms of such violence within the family, within the general community and where perpetrated or condoned by the State.

On the integration of the human rights of women throughout the United Nations system, the Commission adopted by consensus a resolution in which it emphasized that mainstreaming a gender perspective was to achieve gender equality and that this included ensuring that all United Nations activities integrated the human rights of women.

In a measure on traditional practices affecting the health of women and the girl child, the Commission endorsed a decision of the Subcommission on the Promotion and Protection of Human Rights to extend the mandate of the Subcommission’s Special Rapporteur on the topic for two more years.

Moving on to action on resolutions under its agenda item on specific groups and individuals, the Commission adopted by consensus a resolution on the protection of human rights in the context of HIV/AIDS in which it invited States to strengthen measures to eliminate stigmatization and discrimination related to HIV/AIDS. It also urged States to promote effective programmes for prevention, education, awareness-raising and improved access to high-quality goods and services for preventing transmission of the virus.

And concerning the human rights of migrants, the Commission adopted by consensus a resolution in which it requested States effectively to promote and protect the human rights of all migrants. The Commission called upon all States to consider reviewing and, where necessary, revising immigration policies and reiterated the need for all States to fully protect the universally recognized human rights of migrants, especially those of women and children, regardless of their legal status, and to treat them humanely.

Under its agenda item on civil and political rights, the Commission adopted a measure in which it decided to authorize the Subcommission on the Promotion and Protection of Human Rights to convene a Working Group on the administration of justice during its fifty-third session.

At the beginning of the meeting, Cuba spoke about the rationalization of the work of the Commission. Among other things, Cuba said that political manipulation and selectivity were evident with respect to the Commission’s handling of the agenda item on the violations of human rights and fundamental freedoms in any part of the world, which was originally conceived to avoid the frictions that country specific resolutions gave rise to. An exhaustive review of the methods of work of the Commission should be undertaken, Cuba urged.

The Commission was scheduled to continue its work in an evening meeting from 6 p.m. to 9 p.m. during which it would take more action on draft resolutions, including E/CN.4/2001/L.47 concerning torture and other cruel, inhuman or degrading treatment or punishment which was debated in the afternoon meeting before being postponed until later in the evening.


Statement on rationalization of the work of the Commission

MIGUEL ALFONSO MARTINEZ (Cuba) said that nobody could deceive themselves as to the scale of the crisis afflicting the Commission. The identity crisis of the Commission was beyond question. Political manipulation and selectivity were evident with respect to item 9 on the violation of human rights and fundamental freedoms in any part of the world and with respect to thematic mechanisms. These were originally conceived to avoid the frictions that country specific resolutions gave rise to. As a result, the countries of the South found themselves on the dock to face their prosecutors from the North.

The Commission should facilitate the identification of true problems using approaches other than confrontation which would further the protection and promotion of human rights. Regrettably, the Commission was spending more and more time - the Commission this year would break all records in terms of number of sessions and resolutions - yet its work turned into a virtual exercise, removed from reality. In this regard, it should be noted that the sheer size of many documents exceeded the absorption capacity of many delegations. An exhaustive review of the methods of work of the Commission should be undertaken.


Action on measure concerning civil and political rights

In a measure /E/CN.4/2001/L.36) on a Working Group on the administration of justice, adopted by consensus, the Commission decided to authorize the Subcommission on the Promotion and Protection of Human Rights to convene such a Working Group during its fifty-third session.

A Representative of Cuba said his delegation did not wish to break the consensus. However, Cuba wished to state for the record that the phrasing of the proposal suggested that the Commission would be authorizing the Subcommission to do something for which the Subcommission did not require authorization. This should not be a precedent which would require the Subcommission to ask for authorization to organize a meeting of a Working Group. This said, Cuba would join the consensus.


Action on resolutions concerning integration of the human rights of women and the gender perspective, including violence against women

In a resolution (E/CN.4/2001/L.59) on traffic in women and girls, adopted by consensus, the Commission invited Governments and relevant organizations to consider the recommendations of the Special Rapporteur on the issue of trafficking, in particular on the need for greater allocation of resources and better coordination in tackling the problem; urged Governments to address the root factors that encouraged such trafficking; called upon Governments to criminalize trafficking in women and children, to penalize traffickers and intermediaries, while ensuring protection and assistance to victims with full respect for their human rights; encouraged Governments to conclude bilateral, subregional, regional and international agreements to address the problem; urged them to consider signing the Convention against Transnational Organized Crime and its protocols, particularly the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children; urged Governments to consider signing and ratifying the Convention on the Rights of the Child and the relevant protocol to the Convention on the sale of children, and the International Labour Office Convention 182 on elimination of the worst forms of child labour; invited Governments to encourage Internet service providers to adopt or strengthen self-regulatory measures to promote the responsible use of the Internet to eliminate trafficking in women and children, particularly girls; and encouraged them to undertake campaigns to clarify opportunities, limitations and rights in the event of migration so as to enable women to make informed decisions and to prevent them from becoming victims of trafficking.

In a resolution (E/CN.4/2001/L.60) on the elimination of violence against women, adopted by consensus, the Commission condemned all acts of gender-based violence; called for elimination of all forms of such violence within the family, within the general community and where perpetrated or condoned by the State; strongly condemned physical, sexual and psychological violence occurring in the family; urged State parties to consider signing and ratifying the optional protocol to the Convention on the Elimination of all Forms of Violence against Women; called upon States, among other things, to support initiatives undertaken by women's organizations and non-governmental organizations on the elimination of violence against women; to consider undertaken information campaigns about violence against women; to create or improve and fund programmes on the topic for training of judicial, legal, medical, social, educational, police, correctional service, military, peacekeeping, humanitarian relief and immigration personnel; condemned violence against women committed in situations of armed conflict; welcomed efforts to eliminate impunity in such situations; welcomed the inclusion of gender-based crimes in the Rome Statute of the International Criminal Court; urged States to integrate a gender perspective into commissions of inquiry and commissions for achieving truth and reconciliation; urged States to provide gender-sensitive training to all actors, as appropriate, in peacekeeping missions dealing with victims of violence; called upon parties to armed conflict to respect the civilian and humanitarian character of camps and settlements for refugees and internally displaced persons; and urged Governments to include women in all peace, reconciliation and reconstruction activities.

A Representative of Algeria said that his delegation did not co-sponsor the draft resolution as a matter of principle. Paragraph 13 referred to the inclusion of gender-related crimes in the Rome Statute, an instrument which had yet to enter into force.

A Representative of the United States said his country was deeply committed to battling violence against women. In the past few years, Congress had taken action to prevent violence against women, and violence against migrant women. Despite this strong support, the United States had reservations on the draft resolution. It objected to the reference to the International Convention against the Elimination of all Forms of Racial Discrimination. The Commission should respect that signing and ratifying was a decision that should be left to the States. The delegation had hoped to amend the paragraph so it could co-sponsor the draft resolution, and it was disappointed that it was unable to do so.

A Representative of the Russian Federation said that his delegation had already apprised the Commission of the measures his country had taken to improve the situation of women and overcome gender-based discrimination. The Russian Federation commended the work done by the authors of the text, but expressed reservations concerning the wording of several of its paragraphs. This said, the Russian Federation indicated that it would not break the consensus reached on L.60.

In a resolution (E/CN.4/2001/L.61) on integrating the human rights of women throughout the United Nations system, adopted by consensus, the Commission emphasized that mainstreaming a gender perspective was to achieve gender equality and that this included ensuring that all United Nations activities integrated the human rights of women; recognized the importance of examining the intersection of multiple forms of discrimination, including their root causes, in order to develop and implement effective strategies; welcomed the resolution of the Commission on the Status of Women which requested the Economic and Social Council to devote a future coordination segment to the review and appraisal of UN system-wide attempts to mainstream a gender perspective; drew attention to the need to develop strategies to implement the recommendations contained in the expert group on the development of guidelines for integration of a gender perspective into human-rights activities and programmes; urged relevant organs of the United Nations system to bear in mind, in the recruitment of staff, including for peacekeeping operations and humanitarian and human-rights missions, the need for expertise in the human rights of women and girls; stressed the importance of mainstreaming a gender perspective in the preparations, work, and outcome of the World Conference against Racism; encouraged the efforts of the treaty bodies to monitor more effectively the human rights of women in their activities; and urged all States that had not yet done so to ratify or accede to the Convention on the Elimination of Discrimination against Women, so that universal ratification could be achieved as soon as possible, and urged all State parties that had not yet done so to consider signing, ratifying or acceding to the optional protocol to the Convention.


In a measure (E/CN.4/Sub.2/2000/46, chapter 1, draft decision 4) on traditional practices affecting the health of women and the girl child, the Commission endorsed a decision of the Subcommission on the Promotion and Protection of Human Rights to extend the mandate of the Subcommission’s Special Rapporteur on the topic for two more years, and recommended the decision to the Economic and Social Council for adoption.


Action on draft resolution concerning the rights of the child

The Commission briefly considered draft resolution (E/CN.4/2001/L.89) on the abduction of children from northern Uganda and then decided to postpone taking action on it until Wednesday, 25 April.

A Representative of the Democratic Republic of the Congo said that last year, the Commission had adopted a similar resolution about the Democratic Republic of the Congo. It had not only held the Rwandan and Ugandan forces responsible for this, but held them responsible for widespread sexual crimes by the armed forces. The Democratic Republic of the Congo was also a victim of the abduction of children because of the aggressive troops of Uganda. But this draft resolution should not be considered during this session since it could be politically exploited by the Government of Uganda to avoid dialogue with the rebels. It was hoped that this draft would be postponed until next year.

A Representative of Kenya said that his delegation welcomed draft resolution L.89. The draft resolution addressed a serious issue which should be the concern of all. Children in northern Uganda continued to be subjected to torture, rape, enslavement, possible recruitment and death. The international community should increase its effort to put an end to the suffering of thousands of children. In this regard, Kenya supported the effort deployed by Uganda and Sudan to implement the bilateral agreement they signed in 1989 with the aim of resolving the problem of children in northern Uganda.

A Representative of the Democratic Republic of the Congo said there should be a resolution that condemned all abductions of children -- not just Ugandan children. There were reports that Ugandan armed forces abducting Congolese children. Passage of this would be a sort-of endorsement of the rebel activity that went on in Uganda.

A Representative of Burundi said that the Commission had already taken a position on draft resolution L.89 and should continue considering it.


Action on resolutions concerning specific groups and individuals

In a resolution (E/CN.4/2001/L.69) on protection of human rights in the context of HIV/AIDS, adopted by consensus, the Commission invited States, United Nations organs, programmes and specialized agencies and international and non-governmental organizations to contribute to international cooperation on the subject; invited States to strengthen measures to eliminate stigmatization and discrimination related to HIV/AIDS; invited States, United Nations organs, programmes and specialized agencies and international and non-governmental organizations to assist developing countries, in particular the least-developed countries and those in Africa, in their efforts to prevent the spread of the epidemic and to control its detrimental impacts; urged States to promote effective programmes for prevention, education, awareness-raising and improved access to high-quality goods and services for preventing transmission of the virus; requested States to ensure that codes of professional conduct respected human rights in the context of HIV/AIDS; and requested the Secretary-General to submit a progress report to the Commission's fifty-ninth session on steps taken to promote and implement the Guidelines on HIV/AIDS and Human Rights.

In a resolution (E/CN.4/2001/L.70) on the human rights of migrants, adopted by consensus, the Commission requested States effectively to promote and protect the human rights of all migrants; welcomed the renewed commitment made in the United Nations Millennium Declaration to take measures to ensure respect for such rights; requested the Special Rapporteur, among other things, to continue her programme of visits; requested all Governments to cooperate with the Special Rapporteur, to give serious consideration to inviting her to visit, to furnish all information requested and to react promptly to her urgent appeals; called upon all States to consider reviewing and, where necessary, revising immigration policies; reiterated the need for all States to fully protect the universally recognized human rights of migrants, especially those of women and children, regardless of their legal status, and to treat them humanely; reaffirmed the responsibility of Governments to safeguard and protect migrants against illegal or violent acts; urged States to put an end to the arbitrary arrest and detention of migrants; encouraged them to take further effective measures to combat international trafficking and smuggling of migrants; and called upon them to protect all human rights of migrant children, especially unaccompanied migrant children.

A Representative of Japan said he wished to clarify the position of his delegation on this resolution. The trafficking of persons needed to be distinguished from the smuggling of persons. In the latter case, the people left of their free will. Therefore, Japan did not consider that smuggled persons should be given the same level of protection as victims of trafficking.



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