Press releases Commission on Human Rights
COMMISSION ON HUMAN RIGHTS CONTINUES GENERAL DEBATE ON SPECIFIC GROUPS AND INDIVIDUALS
12 April 2005
Share
Commission on Human Rights
AFTERNOON
12 April 2005
The Commission on Human Rights this afternoon continued its general debate on specific groups and individuals. Representatives of Governments, international organizations and non-governmental organizations emphasized the urgent need to promote and protect the human rights and fundamental freedoms of vulnerable groups in society, in particular migrant workers, ethnic minorities, internally displaced persons, refugees, and persons with disabilities.
Several delegations speaking this afternoon called attention to the important contributions made by migrant workers to boost economies in both host countries and countries of destination, yet underlined the negative impacts they often faced in terms of the realization of their rights. Human rights violations commonly committed against migrants workers included discrimination, xenophobia, racist practices and detention of undocumented immigrants. Speakers called for concerted international attention to address the global phenomenon of increased migration flows and for the establishment of mechanisms and strategies to reverse negative trends in this regard. A number of participants highlighted, in particular, the plight of women migrant workers and family reunification.
On the issue of internally displaced persons and refugees, national delegations outlined State policies which took into consideration the special needs of these groups of people. These policies included measures intended to fully respect and uphold the human rights of internally displaced persons and refugees and to integrate them into local communities. Despite certain progress made in this area, various speakers highlighted the various disadvantages facing internally displaced persons and refugees. While drawing attention to the notion that the prime responsibility for the protection and assistance of internally displaced persons lay with their States, they noted that too many States had failed to meet their responsibilities in this regard. They also attested that improvements were urgently needed to fill gaps in terms of protection for internally displaced persons and refugees in a coordinated manner.
Speakers also raised issues pertaining to the trafficking of human beings, especially women and children, religious and linguistic minorities, and people living with HIV/AIDS, among other things.
The United Nations Joint Programme on HIV/AIDS (UNAIDS) said that HIV/AIDS posed such an exceptional threat to humanity that it demanded fundamental changes on many fronts, including human rights. In 25 years, the pandemic had swept across the world to infect some 65 million individuals. HIV/AIDS was exceptional because it had set off a chain of devastation in hard hit countries, which was debilitating agriculture, education, health, commerce, governments and entire communities. UNAIDS called on the Commission to lead States through the difficult human rights challenges raised by the issue of HIV/AIDS and to ensure the rights of those suffering from the disease.
The International Labour Organization said migration, and labour migration in particular, was a major global challenge for governance, international cooperation and for protection of the rights and dignity of the individuals involved. One of the main challenges was how to ensure that protection of migrant workers was established in law and implemented in practice in the countries of the world. Recognition and protection of these rights carried both economic and political costs. Efforts by United Nations agencies, international organizations and civil society remained urgent, and it was hoped there would be further progress in achieving implementation of a rights-based approach to ensuring dignity for all migrants, and to enhancing their contributions for the development and welfare of host and home countries alike.
Representatives of the following national delegations addressed the Commission: Sri Lanka, Ethiopia, Armenia, Honduras, Kenya, Romania, Hungary, Russian Federation, Ireland, Nepal, Norway, Cuba, China, Ukraine, Iraq, New Zealand, Chile, Cyprus, Poland, Austria, Singapore, Switzerland, Croatia, Morocco, Israel, Azerbaijan, El Salvador, Philippines, Spain, Serbia and Montenegro, Democratic Republic of Congo, Venezuela, Thailand and Turkey.
Also speakers from African Union, International Federation of Red Cross and Red Crescent Societies, International Committee of the Red Cross, and International Organization for Migration took the floor.
A number of non-governmental organizations also spoke this afternoon: Franciscans International (in a joint statement with Dominicans for Justice and Peace and Dominican Leadership Conference), Médecins du monde international, Friends World Committee for Consultation (QUAKER) (in a joint statement with Amnesty International) and Interfaith International.
Speaking in exercise of the right to reply were the delegations from Turkey and Cyrus.
When the Commission reconvenes at 9 a.m. on Wednesday, 13 April, it will open its agenda item on the effective functioning of human rights mechanisms and will hear from 40 national human rights organizations. The Commission will hold three back-to-back meetings on Wednesday from 9 a.m. to 6 p.m. In the meeting from noon to 3 p.m., the Commission will continue its general debate on specific groups and individuals. At 3 p.m., it will take up the situation of human rights in Colombia under its agenda item on the organization of the work of the session.
General Debate on Specific Groups and Individuals
SUMEDHA EKANAYAKE (Sri Lanka) said in the world of globalization, migration had become a global phenomenon as a large number of people crossed international boundaries every day seeking work and family reunion. By matching the needs between developed and developing counties in terms of the requirements of skilled and unskilled migrant workers, enormous benefits could be shared by both sending and hosting counties. Therefore, migrant labour was something to be valued, welcomed and assisted to develop its full potential. The contribution made by migrant workers to the economic development of sending countries had been highly valued and appreciated. However, social consequences of migration in sending countries, such as the breaking up of families and the negative effects that it had on children and other vulnerable groups, needed to be addressed urgently. Moreover, increasing feminization of migration had provided opportunities to many skilled and unskilled women migrant workers to work in a wide range of hosting societies in many parts of the world.
With regard to internally displaced persons (IDPs), during the last three years, with the progress in the peace process, the Government of Sri Lanka had been able to resettle nearly 115,000 families displaced by the conflict back in their original places of habitation. However, on 26 December 2004, when the tsunami disaster struck Sri Lanka, the Government had faced a large number of an entirely new category of IDPs. Soon after the devastation, the Government established the Centre for National Operations with a view to coordinating emergency relief work among different governmental and non-governmental institutions, international organizations, the donor community and the private sector. Taking into consideration the special needs of IDP children, right from the inception of the Centre, two important desks, namely the Children’s Desk and Psycho-Social Desk, were set up under the direct supervision of the National Child Protection Authority, Department of Probation and Childcare and UNICEF.
LULIT ZEWDIE (Ethiopia) said the situation of migrants workers remained of great concern for the international community. The problem of migrant workers in many parts of the world, particularly of women migrant workers, remained far from resolved, in spite of the new international instruments that had been adopted in recent years. The increase in the number of countries of origin, feminization of migrant workers, and the minimal attention given to the recognition of human rights of immigrants posed great challenges to endeavours for management of international migration. Migrant workers, particularly those in domestic service, suffered the most inhumane and degrading abuses, as well as different forms of exploitation, in contrast to the international norms contained in the main international human rights instruments adopted and signed by most countries. Human rights violations commonly committed against migrants workers included discrimination, xenophobia, racist practices and detention of undocumented immigrants. They were subjected to sexual and labour exploitation, trafficking, to having their documents taken away by their employers, which left them vulnerable, summary expulsions, massive deportations, impunity for crimes committed against them, and gender violence.
Ethiopian migrant workers, like many migrant workers from the developing world, left their country in search of a better life, she said. Yet, their dreams were shattered in most cases due to unexpected conditions awaiting them in destination countries. The Government of Ethiopia had been taking a number of measures to alleviate the plight of migrant workers, including by adopting a proclamation that prohibited trafficking and illegal migration of women, which prevented the issuance of exit visas to persons without proper work contracts. As a signatory to ILO Convention 191, Ethiopia had opened consular offices in some receiving countries and had exerted efforts to help protect the human rights of Ethiopian migrant workers by negotiating on their behalf for unpaid wages, or if they were in detention. Private employment agencies had been opened to facilitate legal and proper employment processes for migrant workers in the Middle East. The media also played a significant role in raising public awareness on illegal trafficking of migrant workers, particularly women and children.
ARTAK APITONIAN (Armenia) said in the early years of independence, Armenia was faced with the challenge of accommodating a considerable number of internally displaced persons and refugees equal in their numbers to one fifth of its total population. Armenia’s political commitment to addressing the problems of such vulnerable groups had continuously been that of implementing the policies of local integration and naturalization. Previously, Armenia had elaborated at length before the Commission on the specific details of such policies. Once again, Armenia remained committed to that course and greatly valued the assistance and engagement of the international community. Armenia believed that further evolution of safeguards for the rights of persons belonging to national, ethnic, religious and linguistic minorities should continue to remain in the focus of the United Nations human rights machinery. Acknowledging that there was a protection gap within the United Nations system to address situations concerning minorities, Armenia would support the idea of further developing the special mechanisms.
The protection of the rights of national, religious and other minorities, vital for peace and harmony in society, continued to be of utmost priority for Armenia. In order to further streamline and upgrade its policy-making structure in that regard, the Government had set up last year a reformed Department on National Minorities and Religious Affairs, among other things.
J. BENJAMIN ZAPATA (Honduras) said the situation of migrants was a matter of utmost priority, as all continued to see the tragic results of illegal migration, with effects on human rights, dignity and security. International coordination was vital. One of the main features of migration was that it was constantly evolving and was a priority issue. The Government was seeking to adopt appropriate and effective mechanisms in order to implement strategies and programmes for Hondurans abroad. An inter-regional shelter for the more vulnerable abroad was also established, along with a programme for returning migrants. Work had been carried out to maintain an ongoing dialogue, bilaterally and multilaterally, on the issue.
Regarding HIV/AIDS, there was a special law seeking to combat and control the epidemic. Action was carried out to ensure multi-sectoral organization, ensuring coordination and complementarity. Work was also being carried out with the civil society on a project to strengthen the national response capability in the field of HIV/AIDS, tuberculosis and malaria. The support of the Global Fund had proved indispensable. Among the main achievements was the internationally recognized programme for providing retroviral therapies. Regarding the human rights of persons with disabilities, Honduras had several private organizations that worked with the Government for the creation and support of organizations for people with disabilities. There was legislation and an employment act aimed at enhancing sensibility to the issue and at providing employment opportunities.
DANIEL KOTUT (Kenya) said special groups and individuals like migrants, refugees, internally displaced persons, children, women and persons with disabilities and those suffering from HIV/AIDS, among others, suffered great disadvantages to their enjoyment and realization of human rights. Realizing the rights of these groups was also difficult for developing countries like Kenya, and there must be cooperation among States, intergovernmental organizations and civil society to address the problems of these special groups and individuals. Among other helpful mechanisms, the Special Rapporteur on migrant workers had made recommendations that could help to improve the situation of migrant workers, who experienced delays in the processing of their applications and renewals of work permits, problems of integration and lack of medical insurance, detention on weak charges, and inadequate legal representation in many cases. Kenya supported efforts to address all issues related to illegal migration, and condemned the trafficking and smuggling of migrant workers, women and children for any reason.
Last year, Kenya had ratified the Convention on Transnational Organized Crime and its two Optional Protocols, he noted, and it was currently considering ratification of the Migrants’ Rights Convention. To address the human rights problems of minority communities, especially nomadic communities, the Government had established small-scale educational and animal husbandry programmes with the support of the United Nations Development Programme and the World Bank. To curb the problem of internally displaced persons, it had launched a judicial commission of inquiry into ethnic clashes. It had also established a National HIV/AIDS Control Council, which addressed the special needs of that group of people. A Bill on HIV/AIDS control and prevention was currently before the Parliament to protect and promote the human rights of people living with AIDS. The Government had also prepared a Bill to provide a legal framework for the protection and promotion of human rights of refugees. And a national Commission on Gender and Development had been established to streamline women’s issues in all facets of national life. Finally, the new draft Constitution contained a Bill of Rights that contained provisions for the human rights of specific groups and individuals.
DORU COSTEA (Romania) said for many years the Government of Romania had been deeply engaged on the path of preventing and combating human trafficking, with a special focus on assistance and protection of victims. The 2004 report of the Romanian Ministerial Working Group for Coordinating and Evaluation of Activities for the Preventing and Combating Trafficking reasserted that prevention and countering trafficking in human beings was a priority on the Romanian Government agenda. The Romanian National Plan of Action focused primarily on law enforcement and legal reform and included all relevant governmental and non-governmental institutions in each field of action, including research, prevention, awareness raising, assistance, and legal reform and law enforcement. The Government was currently focusing on improving the procedures of identification of victims and the capacity to offer them proper and complete assistance and protection, placing emphasis on the special needs of children.
In 2004, he said, the authorities started to review the functioning of the national system of collecting statistical data by implementing a standardized application form to be used by all governmental institutions involved in that activity. Fighting trafficking in human beings was not only a national responsibility, but also a regional and international obligation. The mobility and flexibility of criminal networks required a coherent international response when approaching that phenomenon.
MIKLOS BOROS (Hungary) said there was considerable scope for improvement of minority protection within the existing United Nations system, since it was not capable of early warning and prevention of conflicts involving minorities. It was essential to ensure better coordination within the whole United Nations system. The methods of work of the Sub-Commission’s Working Group on Minorities needed to be strengthened. All actors, including the Working Group, Member States and non-governmental organizations should think about possible ways and means to enable this important forum to fulfill its unique mission. Therefore, efforts to enhance the dialogue within the framework of the Working Group were welcomed.
Recommendations coming from minorities themselves for finding a solution to a particular problem, as was done now, were welcome. It would be equally important that the Working Group itself formulate recommendations with regard to particular cases. The work of the Working Group should be complemented by a special procedure at a higher level - a Special Representative of the Secretary-General, who would be capable of engaging a dialogue with Governments in order to promote the implementation of the Declaration on the Rights of Persons Belonging to National, Ethnic, Religious or Linguistic Minorities. At present, the Working Group, whose mandate was very limited, could not act upon the numerous communications it received.
ANDREI LANCHIKOV (Russian Federation) said he wished to emphasize the importance of the proper functioning of the international mechanisms for the protection of specific groups and individuals. Nearly one and a half million Russian speakers lived in conditions amounting to statelessness and suffered from violations of their civil rights, including the right be educated in their native language. The Russian Federation had developed good relations with all its neighbours, and welcomed progress made with them. Minority rights should not fall victim to political ambitions or goals. Ethnic minorities were in a particularly vulnerable position, he stressed, and the Russian Federation welcomed the work of the Working Group on minorities. Any lack of integration of ethnic minorities was a source of instability for States, as highlighted by the Working Group. Ethnic minorities must have the right to maintain and use their language, and to maintain their cultures.
EAMONN MAC AODHA (Ireland) recalled that trafficking was not a recent phenomenon, as illustrated by the adoption in 1921 of the International Convention on Trafficking in Women and Children. However, 84 years later, the problem had become more widespread than ever. Trafficking was now placed just behind drugs and arms supply on the list of lucrative international crimes. It was a problem with an extensive reach. Countries of origin, transit and destination encompassed not only the very poorest but also the very rich States. It had been justly described as a contemporary form of slavery whose principal victims, though not exclusively, were women and children. Internationally, in the pursuit of those criminal syndicates who perpetuated the phenomenon of trafficking, there had been a tendency to overlook the victims. It was clear that a great many of those victims suffered sexual and/or economic exploitation, and were thus grossly abused and robbed of their dignity.
Ireland welcomed the appointment last year of a Special Rapporteur on trafficking in persons. Her mandate was crucial in the efforts to eradicate that modern scourge. All States needed to be vigilant to ensure that this issue would not affect them, either from the origin, transit or destination angle.
ANUP JUNG THAPA (Nepal) said the Convention on the Protection of the Rights of All Migrant Workers and Members of their Families was an important treaty for protecting and promoting the fundamental human rights of the migrant workers and their families. It was significant not only from the standpoint of safeguarding their overall interest and welfare, but also in fulfilling their economic and other aspirations. Migration had become a necessary and beneficial phenomenon of economic and social life, with enormous potential for both the sending and the receiving States. This mutuality of interests had been attributed to its exponential growth around the world today. The disparities in economic development among countries of the North and South, increased demand for both low skilled and semi-skilled chief workers in the developed countries, phenomenal improvements in transport and communications, as well as the deepening poverty in the developing countries, had triggered dramatic increases in international migration.
There was deep concern over the continuous neglect of the human rights of the migrant workers and their family members despite their significant contribution to the socio-economic development in their host countries. This had adverse impacts on their safety, security and dignity. Another matter of grave concern was the unholy nexus growing between migration flows and trafficking. Women migrant workers continued to suffer various forms of discrimination and violence, and the international community should see to it that their human rights were protected by introducing stringent legal and institutional frameworks, and that the violators of their rights did not go unpunished. All should work together to ensure the dignity, safety and integrity of migrant workers, and to enhance respect for their fundamental human rights by putting in place necessary legal and institutional measures both at the national and international levels.
ASTRID HELLE AJAMAY (Norway), speaking on behalf of the Baltic and Nordic States - Denmark, Finland, Iceland, Sweden and Norway, said that while primary responsibility for the protection and assistance of internally displaced persons lay with their States, too many States had failed to meet their responsibilities. The progress made in recent years to conceptualize protection for internally displaced persons and to obtain acceptance of and commitment to the Guiding Principles on international displacement by an ever-growing number of States was welcomed. Unfortunately, actual implementation of the Guiding Principles left much to be desired. Also welcoming the renewed focus given by the Secretary-General’s Representative to the protection of internally displaced persons on the ground, the Baltic and Nordic countries expressed hope that the analytical approach taken would be helpful in designing appropriate laws and policies for Governments facing actual or potential situations of internal displacement on their territory.
Regarding international response to the plight of internally displaced persons, the Baltic and Nordic countries maintained the view that tangible improvements were urgently needed to fill the protection gap. There was a need for dedicated cooperation and close coordination among the various actors involved for the sake of efficiency and better results. The Secretary-General should continue to strengthen inter-agency response to the needs of internally displaced persons, as proposed in his report “In Larger Freedom”. It was regrettable that internally displaced persons had been viewed mainly as victims in need of protection and assistance since they became an object of international diplomacy. Their unused human potential should also be born in mind when considering their situation.
JORGE FERRER RODRIGUEZ (Cuba) said for 46 years, the aggressive measures and political manipulation of Cuban migration by Governments of the United States had been a constant feature. In that country, irregular migrants from other nationalities were discriminated against and deprived of their rights by new federal and State laws on human rights to education, health and employment; they were persecuted, detained, deported and even murdered by border patrols or by anti-migrant racist gangs. In contrast, any Cuban arriving on United States' soil by whatever means, whether illegal or violent, was immediately given social benefits and automatic legal residence one year after his or her arrival, pursuant to the so-called Cuban Adjustment Act of 1966. That law had encouraged illegal, violent and unsafe migration, terrorist hijacking of tens of planes and vessels and the criminal and unpunished traffic of migrants, and had caused the deaths of hundreds of Cubans. The United States continued to apply, in violation of the 1994 bilateral migratory accords, the “dry foot” or “wet foot” policy in order not to repatriate to Cuba any of the illegal migrants who set foot on that country’s soil and many of those were intercepted on the high seas.
As from last July, the current United States' administration had conducted a new unprecedented attack on the human rights of Cuban migrants and on the Cuban family in general, who had been unscrupulously turned into hostages to the insane aggressiveness against Cuba. The sick obsession to asphyxiate the Cuban economy had no limits or scruples. In the anti-Cuban policy of the Bush administration everything counted. The vast majority of the Cuban community of migrants in the United States, which was against the genocidal blockade and in favor of normalized relations with their families and with their homeland, had been silenced for years by power, threats, and the terrors of those who in Miami had attempted to impose a sole thinking, had said enough.
WANG GANG (China) said over the years the international community had done a lot of useful work for the promotion and protection of minority rights. In order to further promote and protect these rights, there was a need to adhere to the principle of equality of all ethnic groups; respect religious and cultural traditions and the ethnic identity of all ethnic groups; develop the economy in ethnic minority regions and raise people’s living standards; and share experience in protecting minority rights in different countries through dialogue and cooperation on the basis of equality and mutual respect.
China was a party to the International Convention on the Elimination of All Forms of Racial Discrimination, and it was sincere in fulfilling its obligations under the Convention. As the largest developing country with its historical legacies and geographical restraints, China has yet to resolve the problem of uneven development, where the western region of the country, where most of the ethnic minorities resided, was lagging behind its well-developed East. The Chinese Government would adopt a scientific approach to comprehensive, coordinated and sustainable development, with people at the centre. It would continue its efforts to improve the material basis of the system of regional ethnic autonomy in the interest of the economic and social development of the ethnic minority groups and their regions.
VOLODYMYR VASSYLENKO (Ukraine) said the problems of specific groups and individuals were complicated, complex and sensitive. This was a crossroads at which human rights and security risks interplayed and posed a real challenge for States and international organizations. For that reason, national authorities and the United Nations system should maintain the human rights of these vulnerable groups on their daily agenda. Significant gaps continued to exist in the protection of minority rights, urging the United Nations to strengthen its capacities to address minority issues. Ukraine attached the utmost importance to the protection of the rights of persons belonging to national, ethnic, religious and linguistic minorities, in conformity with international standards. One of the Government’s main tasks was to improve its legislative base for promoting harmonious relations between people of diverse ethnic origin, ensuring equality of rights and freedoms for all citizens irrespective of race, religion or ethnic origin, and creating favorable conditions to enable all Ukraine’s citizens to express their ethnic, cultural and religious identity freely.
The Government also attached great attention to renewing the rights of persons belonging to peoples deported from Ukraine by the former, totalitarian communist regime, he said. The authorities did their utmost to secure the return of these people, and to ensure their legal, political, social and cultural rehabilitation. Among those affected by this work figured the Crimean Tatars, Germans, Greeks and others. The current strategy was to accommodate returnees and to support their integration into social, economic and public life. The Government also took measures to create flexible legal mechanisms of State protection for all Ukrainian citizens, wherever required. A center for Ukrainians living abroad had been established which was entrusted with promoting and supporting Ukrainians living or working abroad. Finally, the issue of trafficking in human beings was often closely linked to the issue of migrant workers. Despite resolute efforts by the international community, the phenomenon had gone beyond the borders of individual States and had become an aspect of transnational organized crime.
HELENE IACKENBAUER, of International Federation of Red Cross and Red Crescent Societies, said the absence of international protection as it was commonly understood within the context of the 1951 Convention on Refugees, by no means eliminated the validity of international concern for the application of a high human rights standard to internationally displaced persons and others with special needs because of their displacement or removal from their homes. Much of the debate about the situation of displaced persons in the past had placed the vulnerability and special needs in a conflict-related context. Some of the concerns had been highlighted during the recent tsunami crisis. There was insufficient time in the debate to offer a great amount of detail, but it was important to record that protection issues which were raised were being addressed by the Federation and national societies. These included access to assistance, discrimination, enforced relocation, sexual and gender-based violence, safe and voluntary return or resettlement.
Migrant workers constituted a significant proportion of the much wider group of persons living in a country other than their own. That wider group was continuing to grow in the modern globalizing world, but much too little was being done by Governments to address the consequential needs of communities and nations as demographical changes were taking place.
OSAMA BADRULDIN (Iraq) said millions of Iraqis were still living today outside their country for various reasons, especially due to the disturbing conditions there. They were yearning to return and rebuild their country, and had elected in great numbers their representatives in the Assembly, both at home and abroad, ushering in a new era of democracy, freedom and the rule of law. All Iraqis should enjoy a life of freedom and dignity, including Arabs, Kurds, Assyrians and all other religious and ethnic groups, who were guaranteed freedom of religion. In order to facilitate the return of those who had been forcibly displaced from their areas of origin, the Government had set up a Board to look into property claims.
Regarding the humanitarian situation of vulnerable groups such as the handicapped, orphans, widows and the old, which was also being exacerbated by the difficult security situation, the authorities were seeking to provide care and protection to these vulnerable categories by providing health care and social services, including vaccination of children against childhood diseases.
OLIVIER COUTAU, of International Committee of the Red Cross (ICRC), said the ICRC had convened a conference on missing persons and their families in February 2003, at which participants had affirmed the magnitude of the problem, and had adopted a set of recommendations aimed at preventing and resolving cases of disappearances, as well as responding to the needs of families left behind. The twenty-eighth International Conference of the Red Cross and Red Crescent Societies had confirmed its commitment to these objectives, and participants had pledged to respect and restore the dignity of persons missing as a result of armed conflicts or other situations of armed violence and of their families. For its part, the ICRC was reinforcing its traditional activities, such as reestablishing and maintaining family links, collecting and centralizing information on vulnerable persons and on the dead, and tracing persons when their families were without news of them. Following the earthquake and tsunami in Asia, the ICRC had launched, with the cooperation of all concerned Red Cross and Red Crescent National Societies, a major project to restore contact between family members, to clarify the fate of those missing, and to support scattered and remaining family members. The ICRC also sought to promote the implementation of the Agenda for Humanitarian Action of all relevant actors, adopted at the twenty-eighth International Conference, and had drawn up a Plan of Action to be implemented progressively.
ANDREW BEGG (New Zealand) said for nearly four decades, everyone had been entitled to the core, generic human rights and freedoms “without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status”. After forty years, the international community might be in danger of taking that phrase for granted. It had become strikingly apparent, as negotiations on the rights of persons with disabilities progressed in New York, that in practice a group of people of “other status” had not received their due entitlement. The world’s 600 million people with disabilities continued to suffer from neglect and exploitation and they were often denied the most basic rights that the rest of the people took for granted.
The continuing failure to apply the provisions of the International Bill of Rights to persons with disabilities highlighted the need for an early conclusion to the negotiations on the Convention on the Rights of Persons with Disabilities. People with disabilities had not asked to be accorded new or different rights. They only asked that the international community take into account the barriers, which often made it impossible for them to enjoy the rights to which they were already entitled.
JUAN ANTONIO MARTABIT (Chile) said it supported the proposal of the Government of Mexico to have the United Nations General Assembly adopt a broad and comprehensive convention for the protection of those with disabilities and to ensure dignity for them. The Ad-Hoc Committee was to be supported. Human rights should be exercised fully and on an equal basis for those with disabilities, and this was why Chile supported the instrument fully. In 1994, legislation on social integration of persons with disabilities had been adopted with the aim of promoting social integration and equality.
The enrolment of students with disabilities had increased by 61.6 per cent over the last few years, thanks to a policy of full school integration. Chile was supporting a resolution on the rights of persons with disabilities.
JAMES C. DROUSHIOTIS (Cyprus) said the delegation of Cyprus wished to bring to the attention of the Commission the living conditions in the enclaves in the occupied part of Cyprus. Since the invasion of July 1974, and with the continuing military occupation, a large number of Greek Cypriots and Maronites had become enclaved amid the occupying forces. Despite the Third Vienna Agreement, reached between the two sides on 2 August 1975, Turkey had implemented a policy of systematic violation of the human rights of the enclaved. Their plight and their human rights situation had been documented and authoritatively dealt with by the European Court of Human Rights in its judgment on Cyprus vs. Turkey of 10 May 2001, which had found Turkey responsible for seven violations of the European Convention on Human Rights, related to the living conditions of the Greek Cypriots in the occupied area of Cyprus. These violations included violations of the freedom of thought, conscience and religion, freedom of expression, right to peace, enjoyment of one’s property, respect for one's private and family life, and the right to education. Turkey continued to defy that judgment, and refused to execute it by restoring the basic human rights and fundamental freedoms of the Greek Cypriots and Maronites in the occupied part of Cyprus. The Government of Cyprus called for nothing more than the safeguarding of fundamental freedoms and basic human rights of the enclaved.
GERMAIN BARICAKO, of African Union, said Africa had adopted its own convention for the protection of refugees and had established a Commission for Refugees and internationally displaced persons. The Commission visited refugees and displaced persons in camps. It recently visited the camps in Darfur and closely cooperated with the United Nations High Commissioner for Refugees and the International Committee of the Red Cross. Over the course of 2004, it had visited Sudanese refugees in Chad and the displaced persons in the camps near to Darfur. It had also visited refugee camps in Burundi following the massacre perpetrated in the camps in August 2004. The Special Rapporteur of the African Commission on Refugees had taken part in the visit to Burundi. Since some years, the African Commission had taken serious measures with regard to the issue of refugees and displaced persons. The Commission had signed in 2003 a memorandum of understanding with UNCHR with regard to African refugees.
PATRICK TARAN, of International Labour Organization, said the slow but constant progress of the main international standards for the protection of migrant workers and international cooperation in regulating migration was appreciated. To date, 70 States had ratified at least one of the instruments of the ILO on the protection of rights. The three ILO instruments represented an international charter on migration, establishing complementary provisions for a rights-based approach to regulation of international migration and international cooperation by States on migration movement. Migration, and labour migration in particular, was a major global challenge for governance, international cooperation and for the protection of the rights and dignity of the individuals involved.
One of the main challenges was how to ensure that protection of migrant workers was established in law and implemented in practice in the countries of the world. Recognition and protection of these rights carried both economic and political costs. In an intensely competitive global economy, any additional costs for a growing but unprotected portion of the global labour force undermined the advantages of relying on it to provide cheap, docile and flexible labour. Migrant and immigrant workers simply did not have large and powerful economic interests willing to advocate in their defence. Efforts by United Nations agencies, international organizations and civil society remained urgent, and it was hoped there would be further progress in achieving implementation of a rights-based approach to ensuring dignity for all migrants, and to enhancing their contributions for the development and welfare of host and home countries alike.
SUSAN TIMBERLAKE, of United Nations Joint Programme on HIV/AIDS (UNAIDS), said that HIV/AIDS posed such an exceptional threat to humanity that it demanded fundamental changes on many fronts, including human rights. HIV/AIDS was exceptional because there was no plateau in sight in terms of the HIV/AIDS epidemic, even though HIV was not easily contagious. In 25 years, it had swept across the world to infect some 65 million individuals. And although HIV/AIDS had been treatable since 1996, the rights to life and health had not prevented the death of many. Second, HIV/AIDS was exceptional because it had set off a chain of devastation in hard hit countries, which was debilitating agriculture, education, health, commerce, governments and entire communities. Thirdly, HIV/AIDS was exceptional because issues with which the international community was still uncomfortable, and which caused discomfort, denial, stigma, discrimination and even violence, sat at the heart of its spread, and included sex, discrimination and harmful traditions practiced against women, behavior deemed illegal or immoral such as drug use, sex out of marriage, homosexuality, controversy about sex education in schools and sexual reproductive classes for minors, and the continued neglect of the poor. The Commission should lead States through the difficult human rights challenges raised by these issues, and should ensure the rights of those suffering from HIV/AIDS. States had committed themselves to protect human rights in the context of HIV/AIDS, but there was an urgent need for a programmatic implementation of those rights.
ANDRZEJ SADOS (Poland) said the threat posed by the HIV/AIDS pandemic required the urgent attention of the Commission and of the entire international community. The situation of children under 15 years being made vulnerable or orphaned by HIV/AIDS was worsening, with an estimated 2.3 million children living with HIV at the end of 2004, including 640,000 children newly infected that year; 510,000 children died of AIDS in 2004; 500,000 children were in need of HIV/AIDS treatment; and 12 million children were orphaned in sub-Saharan Africa, with the number expected to rise to more than 18 million by 2010. For 13 years, the Polish delegation had been the main sponsor of one of the most important legal instruments adopted by the Commission, the resolution on the protection of human rights in the context of HIV/AIDS. The delegation of Poland invited all other governmental delegations to the Commission to co-sponsor the resolution.
WOLFGANG PETRITSCH (Austria) said many States had minorities within their national territories; meeting the aspirations of these persons and ensuring their rights required the acknowledgement of the dignity and equality of all individuals as a matter of priority. It furthered participatory development and contributed to stability and social development. This could only be done through the promotion of tolerance, mutual understanding and pluralism, and had to be nurtured and fostered through human rights education, confidence-building measures and dialogue. Persons belonging to minorities had to be encouraged to contribute to the multi-cultural enrichment of societies, and should be involved as equal partners. Much remained to be done to fully realize the rights of persons belonging to minorities.
Within the United Nations system there was only one mandate entirely devoted to the issue of minorities - the Working Group on minorities. This was an excellent forum for dialogue with non-governmental organizations and civil society, and it had carried out valuable conceptual work. However, it was not in the position to act in a flexible and timely manner to assist States in addressing situations involving persons belonging to national or ethnic, religious and linguistic minorities. Important areas of minority rights remained outside of or were reflected only partially within the existing mandates of treaty bodies and special procedures. There was also a shortage of time and resources allocated to minority issues.
ROZANE ABDUL MAJID (Singapore) said Singapore's success had been built upon the contributions of immigrants from China, India and other parts of Asia since the nineteenth century. They had bequeathed the State cultural diversity and social dynamism, and had contributed immensely to social dynamism and economic growth. Singapore continued to be open to migrants from around the world. All migrants should enjoy the basic human rights, and be given the protection of the law regardless of the national, racial or linguistic origins. However, a clear distinction must also be made between legal and illegal immigrants. An illegal migrant was necessarily subject to certain limitations on his rights, as he had violated immigration laws. Such illegal migrants posed a threat to the safety and security of any country. The distinction also applied to those willing to use international smuggling syndicates to enter a country illegally. Aware of the high risks involved, and the fact that they were committing a crime, these individuals would also have to face the legal consequences of their illegal actions.
The smuggling of human beings was a global criminal problem that must be dealt with comprehensively, both nationally and internationally, she said. Both the supply and demand sides of the question must be addressed. On the supply side, States must deal with the nefarious activities of criminal syndicates. On the demand side, they must rectify the causes of illegal migration at their source. In that respect, there was a need for greater cooperation between sending and receiving States to track illegal migration, punish human smugglers and traffickers, to raise international awareness about the problem, and to facilitate the orderly return of illegal migrants. Singapore strongly disagreed with the Special Rapporteur’s conclusion that the only way to halt the deteriorating situation was to recognize the rights of illegal migrants, and to apply the principle of non-discrimination. This would only address the symptoms, not the root causes, which included human rights violations, discrimination, and lack of economic opportunity in source countries. Calls for Governments to revise their immigration policies and eliminate discriminatory practices against migrants were inherently flawed. Each country had the right to tailor its immigration policy to suit its specific conditions and circumstances.
JEAN-DANIEL VIGNY (Switzerland) said Switzerland paid special attention to the protection against discrimination, and to safeguard the participation in decision making of monitories. The guaranteeing of the rights of minorities constituted an essential element for the protection of human rights and was necessary for social and political stability, as well as for the prevention of any conflict. In international development, the protection and promotion of minority rights was among the strategies for poverty reduction, as laid down in the Millennium Declaration. Switzerland supported the creation of a special procedure by the Commission concerning minorities. With regard to internally displaced persons, special attention should be focused on the 25 million internally displaced persons worldwide.
GORDAN MARKOTIC (Croatia) said the report on the rights of persons belonging to national, linguistic or other minorities was very welcomed. Croatia had ratified key international instruments in the field of minority rights, and the Government had fostered institutional reforms on the Constitutional level. The law introduced some positive measures to ensure the participation of minorities at various levels of Government. Some key issues on minorities had been addressed, and a National Body had been set up.
Regarding the rights and freedoms of the Roma, there was a National Programme aimed to improve their situation, which incorporated all relevant legislation from international organizations. Regarding those with disabilities, several documents had recently been adopted, among other things, dealing with pensions of those with disabilities. This stimulated the integration of disabled persons in economic and family life. The Social Welfare system provided various items for disabled persons. There was support for the draft Convention on the Rights of those with Disabilities.
JALILA HOUMMANE (Morocco) said that the question of migration was now of high priority for the international community and the United Nations system. Because of its complex and multi-dimensional character, which included political, economic, social, cultural, and developmental aspects, migration should be subjected to a global and integrated approach, based on openness, cooperation, and shared responsibility, and centred around the principle of respecting human dignity and taking into account the mutual interests of countries of origin, transition and destination. As globalization led to increased migration, migrants had become part of the international economic system, and constituted an essential vector to create a dialogue between different peoples and civilizations. Unfortunately, migrants continued to be confronted with ever-greater restrictions during the migratory process.
At the center of national and international concern was the phenomenon of illegal migration, which was a veritable scourge due to the involvement of human traffickers. Morocco, which was heavily impacted due to its position close to Europe, had adopted a strategy that integrated judicial, institutional, security, social and economic aspects in a global fight against criminal elements. Legislation had been adopted to strengthen the criminalization of trafficking activities and to safeguard the rights of foreigners in the country.
TIBOR SHALEV SCHLOSSER (Israel) said Israel was investing great efforts in order to improve the situation of person with disabilities in its society and in the past few years had stepped up its promotion of that issue. In 1998, a major statute was enacted with regard to peoples with disabilities; the law was very comprehensive, covering all basic rights of persons with disabilities. The Equal Rights Law had set a goal for Israel to protect the dignity and liberty of person with disabilities and anchored their right to equal and active participation in society in all fields of life, as well as properly provided for their special needs in a manner enabling them to spend their lives in maximum independence, privacy and dignity, while making the most of their capabilities. This year, Israel had enacted a law that added the fifth section to the previous four, ensuring the access of physically, mentally impaired persons to public places.
SEYMUR MARDALIYEV (Azerbaijan) said the international community’s response to internal displacement had left many questions unanswered and the collaborative approach chosen to address the needs of internally displaced persons was accompanied by a certain lack of coordination and protection. The United Nations should assume a leadership role in advocating the protection of internally displaced persons. Recognizing that the primary responsibility for the protection and assistance of internally displaced persons fell within the national jurisdiction of States, the Government had spared no time or effort to ensure all basic rights of internally displaced persons, but the international community had to take into account the scale of displacement faced by countries, as well as the Government’s capacities to address it. All internally displaced persons who were in need of international protection deserved the attention and protection of the international community.
The promotion and protection of the human rights of persons belonging to minorities contributed to the political and social stability of any State in which they lived. The compliance of minorities with their commitments before the State of their residence as well as respect of their rights by the State was an important factor for peace, security, stability and democracy.
RAMIRO RECINOS TREJO (El Salvador) said El Salvador had established a Vice-Minister for Migrants, whose role was to promote and support migrants abroad. In 1999, in conjunction with the International Organization for Migration, the “Welcome Home” programme was set up with the aim of providing assistance to Salvadorans returning to the country; this assistance included an initial orientation, shelter or assistance, emergency medical care, and training, among other services. El Salvador was also committed to countering the illegal trafficking of human beings, especially children, and had conducted awareness raising nationwide. El Salvador had signed the Migrants’ Rights Convention, as it was the international instrument best suited to protecting the rights of migrants. The country had also ratified the Convention on Transnational Organized Crime and its Optional Protocols, and had promoted migrants’ rights by co-sponsoring resolutions on migrants' rights at the United Nations. The country held that the International Convention on Migrants' Rights was the instrument to ensure protection at the international level, and emphasized the importance of universality.
JUNEVER MAHILUM-WEST (Philippines) said the Philippines was a strong advocate of the protection and promotion of the rights of migrant workers worldwide. It held the highest priority on strengthening collaboration within the international community, with multilateral, regional and bilateral partners, to enhance the protection of their rights. In that regard, the Philippines reiterated its call to the world community to consider and alleviate the plight of vulnerable migrant workers, particularly women, and to put these people first on the global agenda. To realize those objectives, international mechanisms were needed for sustained dialogue in addressing issues related to migrant labour such as illegal migration, assistance to nationals, protecting and promoting the rights and welfare of migrant workers in receiving States and putting in place reintegration programmes upon return to their country of origin.
The vulnerability of migrant workers to transnational crime, such as trafficking of women and children for labour and commercial sexual exploitation, was another issue which required sustained international attention.
JOSE ANTONIO DE ORY (Spain) said the Special Rapporteur on the human rights of migrants should be thanked for the statement made and the information and thoughts shared with the Commission. Spain was a country highly affected by migration, and was familiar with its complexity. It was a country of transit and reception, but for decades had been a source of migrants. It was an issue that was constantly growing, and policies on migration focusing on security had been developed in the context of avoiding and monitoring irregular migration and combating transnational crime. It was important to have coordination in this area in order to avoid discrepancies.
With respect to the new provisions adopted by Spain, in particular the normalization of foreigners who were in Spain and met certain requirements, this was an extraordinary event. A new migration policy was being developed that would guarantee the constant feature of all policies: the promotion and protection of migrants in Spain and Spaniards abroad. Moreover, the Spanish legal order provided a general framework to combat discrimination.
MARINA IVANOVIC (Serbia and Montenegro) said minorities constituted nearly 30 per cent of the population of the country, and noted that 12 national minority councils had been established to promote minority rights. The councils represented national minorities as collectivities, and acted as advisory bodies to the relevant authorities in the field of culture, education, information, and official use of minority languages. The Government had recently established the Council of National Minorities, which was responsible for coordination of all activities relevant to the implementation of minority rights. Further work was pending regarding the setting up of a Fund, as stipulated by the Law on the Protection of Rights and Freedoms of National Minorities. In addition to affirmative action measures in the sphere of electoral law, affirmative action measures had also been undertaken in the Republic of Serbia for the benefit of the Roma, and the Ministry on Human and Minority Rights had prepared action plans for implementing a strategy for the integration of the Roma in the areas of education, housing, health and employment.
The country continued to provide protection for more than 200,000 internally displaced persons from Kosovo and Metohija, he added, and the internally displaced persons were completely equal to all other citizens. International humanitarian assistance had been gradually phasing out from the country, which was doing its best to respond to the needs of the vulnerable internally displaced persons. There had also been considerable progress to find durable solutions for refugees in the region, but the issue of missing persons remained at the center of the agenda.
JILLYANNE REDPATH, of International Organization for Migration (IOM), said throughout the world, countless migrants faced sub-standard living and working conditions, discrimination and other deprivations of their human rights on a daily basis. Regrettably, 11 September had compounded negative attitudes and responses to migrants within host societies. Whilst regularity of immigration status provided no guarantee for the well-being of migrants, migration outside the legal framework of a State posed the greatest risks to migrants’ rights. The violations of the human dignity suffered by many migrants involved in irregular migrations were well documented. Irrespective of national origin, race, creed or colour, or legal status, migrants shared with the nationals of their host community both a common humanity and the right to expect decent and humane treatment. Ensuring that migrants’ rights were upheld and respected was of primary importance to the work of IOM, which would continue in the coming years.
EMMANUELLI KAHAYA (Democratic Republic of Congo) said recent studies by the United Nations and other international organizations demonstrated an internal displacement which affected approximately 30 million people. Africa was the worst affected continent, with over three million persons displaced in the Democratic Republic of Congo alone - six per cent of the entire displaced population in Africa - and this humanitarian disaster was the result of the war in the country. Conscious of its responsibility to protect the human rights of internally displaced persons, the Government had set up a programme for the return and integration of internally displaced persons, aiming to encourage them to return to their origins and join the fight against poverty.
The support measures for the socio-economic reintegration of displaced persons were also strengthened. This all required financial resources that were lacking in the Democratic Republic of Congo in its post-conflict situation. The return of refugees could not take place without difficulties. The infrastructure was damaged and dilapidated, and commercial enterprises had been pillaged. Effective support by the international community would be greatly appreciated in order to meet the needs of refugees and internally displaced persons.
RAFAEL HANDS (Venezuela) said that Venezuela was a transit and recipient country for migrants, and understood that there must be solutions for the inclusion of migrants to ensure international social cohesion. There must be compatibility between national and international provisions in the areas of international human rights and humanitarian law, and there should also be a change in the worldwide perception of migrants. The technical assistance provided by the Organization of American States and the International Organization for Migration was welcomed. It had led to the creation of an inter-ministerial working group on migrant issues. Venezuela continued to work on educational programmes for millions of Venezuelans, including migrants, who had previously been excluded from the educational system. There was also healthcare for migrants, and the Government had established a programme to regularize the standing of migrants that had been in the country for extended periods. He also reaffirmed the need to create a more just international order, and to redress the unequal distribution of wealth, in order to address the root causes of migration.
PITCHAYAPHANT CHARNBHUMIDOL (Thailand) reaffirmed Thailand's unwavering commitment in the protection and promotion of human rights, including the rights of specific groups of individuals. Thailand's Constitution guaranteed the rights and fundamental freedoms for all Thai citizens. The Thai Government would continue its best efforts to put into action every spirit and letters of the Constitution deemed dear. The Government had also addressed the issue of minorities based on the principles of non-discrimination. The Labour Protection Act of 1998 guaranteed equal payment to both Thai and migrant workers. A regularization scheme had been undertaken to ensure that registered migrant workers were provided with the same access and conditions as Thai workers with regard to basic health care and other remunerations.
O. KORAY ERTAS (Turkey) said internal displacement was unfortunately affecting the lives of many people in various parts of the world. The scourge of terrorism had raised its ugly head by causing the displacement of Turkish citizens who were living mainly in the South East of the country. Fully ascribed to democratic values and aiming to attain the highest possible human rights standards, Turkey was resolute to find a solution to this issue, in close cooperation with civil society organizations and relevant international partners.
In its struggle for finding effective solutions to the internally displaced persons issue, Turkey had been acting in full transparency and cooperating with international partners. As a reflection of Turkey’s willingness to continue cooperation with the United Nations, the new Representative of the Secretary-General on the human rights of the internally displaced persons had been invited to Turkey for a working visit to receive a firsthand observation of the latest situation related to internally displaced persons. Turkey was determined to handle the issue within its territory in good will, and this had been recognized and praised by the European Commission in 2004.
ALESSANDRA AULA, of Franciscans International, in a joint statement with Dominicans for Justice and Peace and Dominican Leadership Conference, delivering a joint statement, said that it was regrettable that the Migrants’ Rights Convention had only been ratified by 28 countries to date, and that its Committee had yet to examine a periodic report. The mandate of the Special Rapporteur on migrants' rights should be extended for an additional three years, to allow the international community to receive comprehensive, updated reports, and to permit visits to countries that had not yet ratified the Convention. Regarding the contemporary forms of slavery, non-governmental organizations felt that trafficking in persons, forced labour, bonded labour, or early or forced marriage represented manifestations of this scourge. Governments should ensure the protection of the victims of trafficking. States should ratify the protocols to the Convention on Transnational Organized Crime and incorporate the recommended principles and guidelines on human rights and human trafficking in their domestic legislation at the earliest possibility.
GRACIELA ROBERT, of Médecins du monde international, said they had been in south Darfur in Nyala since July 2004, providing medical treatment to people in camps. In July 2004, the group had hosted 50,000 people in the Kalma camp. After seven months, the number of people in the camp had increased three fold and had been filled with people fleeing violence perpetrated in their villages. In order to host as many people as it could, Médecins du Monde had expanded its capacity and during the past few months had observed an alarming deterioration of the humanitarian situation in the region. The security of persons and their protection was not guaranteed. Within the camps, there had been violence and shootings during the night. The displaced persons alleged that it was the police that was using its firearms.
RACHEL BRETT, of Friends World Committee for Consultation (QUAKER), in a joint statement with Amnesty International, said the Commission should call unequivocally on States to protect the human rights of refugees, asylum seekers, and displaced persons wherever they may be and whatever their legal status. There was concern that millions of refugees who had moved in mass flows had been living in protracted refugee situations for years and had been denied of their fundamental human rights. States should demonstrate a real commitment to ending the human rights violations that caused mass exoduses, and to removing the protection gaps into which the refugees of the world fell. The Commission should call on States to pay particular attention to the human rights of displaced persons and refugees when reviewing the Millennium Development Goals, and should investigate and prosecute their own nationals involved in peacekeeping operations as well as other persons suspected of crimes under international law.
MEHRAN BALUCH, of Interfaith International, said the idea of creating Pakistan had been based on similarities of faith among the people of the region. However, the country had become a State where there was an institutionalized domination of the Punjabi nationality above all the others. The forceful annexation of Balochistan in 1948 had been followed by continued violations of human rights and absence of basic human dignity in the region. The forced assimilation and integration programmes implemented by the Punjabi establishment had reached a crucial point where the Baluch existence was under threat. The unabated plundering of the area’s wealth and the exploitation of the people left them with no option but to rid themselves of Punjabi domination to safeguard their existence and to enjoy of future of prosperity and development. Moreover, Pakistan was encouraging fundamentalist religious elements allied to the State, who were funded and patronized by the fabric of a secular Baluch society. Pakistan had fooled the world with its hypocrisy and duplicity. On the one hand, it was the United States' ally in the war on terrorism; on the other, it was one of terrorism’s essential incubators in the war against the West.
Right of Reply
MUSTAFA LAKADAMYALI (Turkey), speaking in exercise of the right of reply in reference to the statement made by the Greek Cypriot Representative, said the Greek Cypriot Representative had depicted the Turkish Republic of Northern Cyprus as an occupied area. The only occupation in Cyprus was the 42-year long unlawful occupation by the Greek Cypriots. Turkey’s intervention in Cyprus in 1974 was undertaken in accordance with its rights and obligations under the 1960 treaty of guarantee. He recalled that the term ‘enclaved’ was first used by the UN Secretary-General to describe the plight of the Turkish Cypriots between 1963-74, who had been squeezed by the Greek Cypriots into small pockets scattered around the island in the wake of the Greek Cypriot side’s armed onslaught against the Turkish Cypriot partner. Since 1974, the Greek Cypriot side has attempted to hijack this term to misrepresent the living conditions of the Greek Cypriots and Maronites residing in North Cyprus, for purely propaganda purposes. One should note that the Greek Cypriots and Maronites enjoyed the same, if not better, standard of living as the Turkish Cypriots of the same area.
JAMES C. DROUSHIOTIS (Cyprus), speaking in a right of reply in response to the right of reply by Turkey, said the representative of Turkey had attempted to hide facts and distort truth, but this could not be concealed, nor contested, in particular with regard to the presence of occupying troops in Cyprus. There were United Nations resolutions substantiating that. As indicated in the earlier statement, among the grave and mass violations of human rights, Turkey was responsible for 14 violations of the European Convention on Human Rights. In brief, regarding freedom of expression, the European Court of Human Rights found that the right of expression of Greek Cypriots was denied, and schoolbooks were subjected to extreme censorship. Regarding the right to education, the situation of Greek Cypriot children in the occupied area had not been remedied. Secondary school functioning in the area did not cover the needs for different levels of education, and it was held under restrictive conditions. These were just a few examples. With regard to the living conditions, the facts spoke for themselves.
MUSTAFA LAKADAMYALI (Turkey), speaking in a second right of reply, said that the Greek Cypriot Representative had once more politicized this forum by making unfounded allegations. The Greek Cypriot side had overwhelmingly rejected the Secretary-General’s peace plan for Cyprus. On the one hand they were rejecting the peace plan, and on the other, their delegates were shedding crocodile tears regarding the human rights situation in Cyprus.
JAMES C. DROUSHIOTIS (Cyprus), in a second right of reply, remined the Turkish delegation of the relevant Security Council resolutions, such as 541 and 550, concerning the situation in Cyprus.
* *** *
For use of information only; not an official record
AFTERNOON
12 April 2005
The Commission on Human Rights this afternoon continued its general debate on specific groups and individuals. Representatives of Governments, international organizations and non-governmental organizations emphasized the urgent need to promote and protect the human rights and fundamental freedoms of vulnerable groups in society, in particular migrant workers, ethnic minorities, internally displaced persons, refugees, and persons with disabilities.
Several delegations speaking this afternoon called attention to the important contributions made by migrant workers to boost economies in both host countries and countries of destination, yet underlined the negative impacts they often faced in terms of the realization of their rights. Human rights violations commonly committed against migrants workers included discrimination, xenophobia, racist practices and detention of undocumented immigrants. Speakers called for concerted international attention to address the global phenomenon of increased migration flows and for the establishment of mechanisms and strategies to reverse negative trends in this regard. A number of participants highlighted, in particular, the plight of women migrant workers and family reunification.
On the issue of internally displaced persons and refugees, national delegations outlined State policies which took into consideration the special needs of these groups of people. These policies included measures intended to fully respect and uphold the human rights of internally displaced persons and refugees and to integrate them into local communities. Despite certain progress made in this area, various speakers highlighted the various disadvantages facing internally displaced persons and refugees. While drawing attention to the notion that the prime responsibility for the protection and assistance of internally displaced persons lay with their States, they noted that too many States had failed to meet their responsibilities in this regard. They also attested that improvements were urgently needed to fill gaps in terms of protection for internally displaced persons and refugees in a coordinated manner.
Speakers also raised issues pertaining to the trafficking of human beings, especially women and children, religious and linguistic minorities, and people living with HIV/AIDS, among other things.
The United Nations Joint Programme on HIV/AIDS (UNAIDS) said that HIV/AIDS posed such an exceptional threat to humanity that it demanded fundamental changes on many fronts, including human rights. In 25 years, the pandemic had swept across the world to infect some 65 million individuals. HIV/AIDS was exceptional because it had set off a chain of devastation in hard hit countries, which was debilitating agriculture, education, health, commerce, governments and entire communities. UNAIDS called on the Commission to lead States through the difficult human rights challenges raised by the issue of HIV/AIDS and to ensure the rights of those suffering from the disease.
The International Labour Organization said migration, and labour migration in particular, was a major global challenge for governance, international cooperation and for protection of the rights and dignity of the individuals involved. One of the main challenges was how to ensure that protection of migrant workers was established in law and implemented in practice in the countries of the world. Recognition and protection of these rights carried both economic and political costs. Efforts by United Nations agencies, international organizations and civil society remained urgent, and it was hoped there would be further progress in achieving implementation of a rights-based approach to ensuring dignity for all migrants, and to enhancing their contributions for the development and welfare of host and home countries alike.
Representatives of the following national delegations addressed the Commission: Sri Lanka, Ethiopia, Armenia, Honduras, Kenya, Romania, Hungary, Russian Federation, Ireland, Nepal, Norway, Cuba, China, Ukraine, Iraq, New Zealand, Chile, Cyprus, Poland, Austria, Singapore, Switzerland, Croatia, Morocco, Israel, Azerbaijan, El Salvador, Philippines, Spain, Serbia and Montenegro, Democratic Republic of Congo, Venezuela, Thailand and Turkey.
Also speakers from African Union, International Federation of Red Cross and Red Crescent Societies, International Committee of the Red Cross, and International Organization for Migration took the floor.
A number of non-governmental organizations also spoke this afternoon: Franciscans International (in a joint statement with Dominicans for Justice and Peace and Dominican Leadership Conference), Médecins du monde international, Friends World Committee for Consultation (QUAKER) (in a joint statement with Amnesty International) and Interfaith International.
Speaking in exercise of the right to reply were the delegations from Turkey and Cyrus.
When the Commission reconvenes at 9 a.m. on Wednesday, 13 April, it will open its agenda item on the effective functioning of human rights mechanisms and will hear from 40 national human rights organizations. The Commission will hold three back-to-back meetings on Wednesday from 9 a.m. to 6 p.m. In the meeting from noon to 3 p.m., the Commission will continue its general debate on specific groups and individuals. At 3 p.m., it will take up the situation of human rights in Colombia under its agenda item on the organization of the work of the session.
General Debate on Specific Groups and Individuals
SUMEDHA EKANAYAKE (Sri Lanka) said in the world of globalization, migration had become a global phenomenon as a large number of people crossed international boundaries every day seeking work and family reunion. By matching the needs between developed and developing counties in terms of the requirements of skilled and unskilled migrant workers, enormous benefits could be shared by both sending and hosting counties. Therefore, migrant labour was something to be valued, welcomed and assisted to develop its full potential. The contribution made by migrant workers to the economic development of sending countries had been highly valued and appreciated. However, social consequences of migration in sending countries, such as the breaking up of families and the negative effects that it had on children and other vulnerable groups, needed to be addressed urgently. Moreover, increasing feminization of migration had provided opportunities to many skilled and unskilled women migrant workers to work in a wide range of hosting societies in many parts of the world.
With regard to internally displaced persons (IDPs), during the last three years, with the progress in the peace process, the Government of Sri Lanka had been able to resettle nearly 115,000 families displaced by the conflict back in their original places of habitation. However, on 26 December 2004, when the tsunami disaster struck Sri Lanka, the Government had faced a large number of an entirely new category of IDPs. Soon after the devastation, the Government established the Centre for National Operations with a view to coordinating emergency relief work among different governmental and non-governmental institutions, international organizations, the donor community and the private sector. Taking into consideration the special needs of IDP children, right from the inception of the Centre, two important desks, namely the Children’s Desk and Psycho-Social Desk, were set up under the direct supervision of the National Child Protection Authority, Department of Probation and Childcare and UNICEF.
LULIT ZEWDIE (Ethiopia) said the situation of migrants workers remained of great concern for the international community. The problem of migrant workers in many parts of the world, particularly of women migrant workers, remained far from resolved, in spite of the new international instruments that had been adopted in recent years. The increase in the number of countries of origin, feminization of migrant workers, and the minimal attention given to the recognition of human rights of immigrants posed great challenges to endeavours for management of international migration. Migrant workers, particularly those in domestic service, suffered the most inhumane and degrading abuses, as well as different forms of exploitation, in contrast to the international norms contained in the main international human rights instruments adopted and signed by most countries. Human rights violations commonly committed against migrants workers included discrimination, xenophobia, racist practices and detention of undocumented immigrants. They were subjected to sexual and labour exploitation, trafficking, to having their documents taken away by their employers, which left them vulnerable, summary expulsions, massive deportations, impunity for crimes committed against them, and gender violence.
Ethiopian migrant workers, like many migrant workers from the developing world, left their country in search of a better life, she said. Yet, their dreams were shattered in most cases due to unexpected conditions awaiting them in destination countries. The Government of Ethiopia had been taking a number of measures to alleviate the plight of migrant workers, including by adopting a proclamation that prohibited trafficking and illegal migration of women, which prevented the issuance of exit visas to persons without proper work contracts. As a signatory to ILO Convention 191, Ethiopia had opened consular offices in some receiving countries and had exerted efforts to help protect the human rights of Ethiopian migrant workers by negotiating on their behalf for unpaid wages, or if they were in detention. Private employment agencies had been opened to facilitate legal and proper employment processes for migrant workers in the Middle East. The media also played a significant role in raising public awareness on illegal trafficking of migrant workers, particularly women and children.
ARTAK APITONIAN (Armenia) said in the early years of independence, Armenia was faced with the challenge of accommodating a considerable number of internally displaced persons and refugees equal in their numbers to one fifth of its total population. Armenia’s political commitment to addressing the problems of such vulnerable groups had continuously been that of implementing the policies of local integration and naturalization. Previously, Armenia had elaborated at length before the Commission on the specific details of such policies. Once again, Armenia remained committed to that course and greatly valued the assistance and engagement of the international community. Armenia believed that further evolution of safeguards for the rights of persons belonging to national, ethnic, religious and linguistic minorities should continue to remain in the focus of the United Nations human rights machinery. Acknowledging that there was a protection gap within the United Nations system to address situations concerning minorities, Armenia would support the idea of further developing the special mechanisms.
The protection of the rights of national, religious and other minorities, vital for peace and harmony in society, continued to be of utmost priority for Armenia. In order to further streamline and upgrade its policy-making structure in that regard, the Government had set up last year a reformed Department on National Minorities and Religious Affairs, among other things.
J. BENJAMIN ZAPATA (Honduras) said the situation of migrants was a matter of utmost priority, as all continued to see the tragic results of illegal migration, with effects on human rights, dignity and security. International coordination was vital. One of the main features of migration was that it was constantly evolving and was a priority issue. The Government was seeking to adopt appropriate and effective mechanisms in order to implement strategies and programmes for Hondurans abroad. An inter-regional shelter for the more vulnerable abroad was also established, along with a programme for returning migrants. Work had been carried out to maintain an ongoing dialogue, bilaterally and multilaterally, on the issue.
Regarding HIV/AIDS, there was a special law seeking to combat and control the epidemic. Action was carried out to ensure multi-sectoral organization, ensuring coordination and complementarity. Work was also being carried out with the civil society on a project to strengthen the national response capability in the field of HIV/AIDS, tuberculosis and malaria. The support of the Global Fund had proved indispensable. Among the main achievements was the internationally recognized programme for providing retroviral therapies. Regarding the human rights of persons with disabilities, Honduras had several private organizations that worked with the Government for the creation and support of organizations for people with disabilities. There was legislation and an employment act aimed at enhancing sensibility to the issue and at providing employment opportunities.
DANIEL KOTUT (Kenya) said special groups and individuals like migrants, refugees, internally displaced persons, children, women and persons with disabilities and those suffering from HIV/AIDS, among others, suffered great disadvantages to their enjoyment and realization of human rights. Realizing the rights of these groups was also difficult for developing countries like Kenya, and there must be cooperation among States, intergovernmental organizations and civil society to address the problems of these special groups and individuals. Among other helpful mechanisms, the Special Rapporteur on migrant workers had made recommendations that could help to improve the situation of migrant workers, who experienced delays in the processing of their applications and renewals of work permits, problems of integration and lack of medical insurance, detention on weak charges, and inadequate legal representation in many cases. Kenya supported efforts to address all issues related to illegal migration, and condemned the trafficking and smuggling of migrant workers, women and children for any reason.
Last year, Kenya had ratified the Convention on Transnational Organized Crime and its two Optional Protocols, he noted, and it was currently considering ratification of the Migrants’ Rights Convention. To address the human rights problems of minority communities, especially nomadic communities, the Government had established small-scale educational and animal husbandry programmes with the support of the United Nations Development Programme and the World Bank. To curb the problem of internally displaced persons, it had launched a judicial commission of inquiry into ethnic clashes. It had also established a National HIV/AIDS Control Council, which addressed the special needs of that group of people. A Bill on HIV/AIDS control and prevention was currently before the Parliament to protect and promote the human rights of people living with AIDS. The Government had also prepared a Bill to provide a legal framework for the protection and promotion of human rights of refugees. And a national Commission on Gender and Development had been established to streamline women’s issues in all facets of national life. Finally, the new draft Constitution contained a Bill of Rights that contained provisions for the human rights of specific groups and individuals.
DORU COSTEA (Romania) said for many years the Government of Romania had been deeply engaged on the path of preventing and combating human trafficking, with a special focus on assistance and protection of victims. The 2004 report of the Romanian Ministerial Working Group for Coordinating and Evaluation of Activities for the Preventing and Combating Trafficking reasserted that prevention and countering trafficking in human beings was a priority on the Romanian Government agenda. The Romanian National Plan of Action focused primarily on law enforcement and legal reform and included all relevant governmental and non-governmental institutions in each field of action, including research, prevention, awareness raising, assistance, and legal reform and law enforcement. The Government was currently focusing on improving the procedures of identification of victims and the capacity to offer them proper and complete assistance and protection, placing emphasis on the special needs of children.
In 2004, he said, the authorities started to review the functioning of the national system of collecting statistical data by implementing a standardized application form to be used by all governmental institutions involved in that activity. Fighting trafficking in human beings was not only a national responsibility, but also a regional and international obligation. The mobility and flexibility of criminal networks required a coherent international response when approaching that phenomenon.
MIKLOS BOROS (Hungary) said there was considerable scope for improvement of minority protection within the existing United Nations system, since it was not capable of early warning and prevention of conflicts involving minorities. It was essential to ensure better coordination within the whole United Nations system. The methods of work of the Sub-Commission’s Working Group on Minorities needed to be strengthened. All actors, including the Working Group, Member States and non-governmental organizations should think about possible ways and means to enable this important forum to fulfill its unique mission. Therefore, efforts to enhance the dialogue within the framework of the Working Group were welcomed.
Recommendations coming from minorities themselves for finding a solution to a particular problem, as was done now, were welcome. It would be equally important that the Working Group itself formulate recommendations with regard to particular cases. The work of the Working Group should be complemented by a special procedure at a higher level - a Special Representative of the Secretary-General, who would be capable of engaging a dialogue with Governments in order to promote the implementation of the Declaration on the Rights of Persons Belonging to National, Ethnic, Religious or Linguistic Minorities. At present, the Working Group, whose mandate was very limited, could not act upon the numerous communications it received.
ANDREI LANCHIKOV (Russian Federation) said he wished to emphasize the importance of the proper functioning of the international mechanisms for the protection of specific groups and individuals. Nearly one and a half million Russian speakers lived in conditions amounting to statelessness and suffered from violations of their civil rights, including the right be educated in their native language. The Russian Federation had developed good relations with all its neighbours, and welcomed progress made with them. Minority rights should not fall victim to political ambitions or goals. Ethnic minorities were in a particularly vulnerable position, he stressed, and the Russian Federation welcomed the work of the Working Group on minorities. Any lack of integration of ethnic minorities was a source of instability for States, as highlighted by the Working Group. Ethnic minorities must have the right to maintain and use their language, and to maintain their cultures.
EAMONN MAC AODHA (Ireland) recalled that trafficking was not a recent phenomenon, as illustrated by the adoption in 1921 of the International Convention on Trafficking in Women and Children. However, 84 years later, the problem had become more widespread than ever. Trafficking was now placed just behind drugs and arms supply on the list of lucrative international crimes. It was a problem with an extensive reach. Countries of origin, transit and destination encompassed not only the very poorest but also the very rich States. It had been justly described as a contemporary form of slavery whose principal victims, though not exclusively, were women and children. Internationally, in the pursuit of those criminal syndicates who perpetuated the phenomenon of trafficking, there had been a tendency to overlook the victims. It was clear that a great many of those victims suffered sexual and/or economic exploitation, and were thus grossly abused and robbed of their dignity.
Ireland welcomed the appointment last year of a Special Rapporteur on trafficking in persons. Her mandate was crucial in the efforts to eradicate that modern scourge. All States needed to be vigilant to ensure that this issue would not affect them, either from the origin, transit or destination angle.
ANUP JUNG THAPA (Nepal) said the Convention on the Protection of the Rights of All Migrant Workers and Members of their Families was an important treaty for protecting and promoting the fundamental human rights of the migrant workers and their families. It was significant not only from the standpoint of safeguarding their overall interest and welfare, but also in fulfilling their economic and other aspirations. Migration had become a necessary and beneficial phenomenon of economic and social life, with enormous potential for both the sending and the receiving States. This mutuality of interests had been attributed to its exponential growth around the world today. The disparities in economic development among countries of the North and South, increased demand for both low skilled and semi-skilled chief workers in the developed countries, phenomenal improvements in transport and communications, as well as the deepening poverty in the developing countries, had triggered dramatic increases in international migration.
There was deep concern over the continuous neglect of the human rights of the migrant workers and their family members despite their significant contribution to the socio-economic development in their host countries. This had adverse impacts on their safety, security and dignity. Another matter of grave concern was the unholy nexus growing between migration flows and trafficking. Women migrant workers continued to suffer various forms of discrimination and violence, and the international community should see to it that their human rights were protected by introducing stringent legal and institutional frameworks, and that the violators of their rights did not go unpunished. All should work together to ensure the dignity, safety and integrity of migrant workers, and to enhance respect for their fundamental human rights by putting in place necessary legal and institutional measures both at the national and international levels.
ASTRID HELLE AJAMAY (Norway), speaking on behalf of the Baltic and Nordic States - Denmark, Finland, Iceland, Sweden and Norway, said that while primary responsibility for the protection and assistance of internally displaced persons lay with their States, too many States had failed to meet their responsibilities. The progress made in recent years to conceptualize protection for internally displaced persons and to obtain acceptance of and commitment to the Guiding Principles on international displacement by an ever-growing number of States was welcomed. Unfortunately, actual implementation of the Guiding Principles left much to be desired. Also welcoming the renewed focus given by the Secretary-General’s Representative to the protection of internally displaced persons on the ground, the Baltic and Nordic countries expressed hope that the analytical approach taken would be helpful in designing appropriate laws and policies for Governments facing actual or potential situations of internal displacement on their territory.
Regarding international response to the plight of internally displaced persons, the Baltic and Nordic countries maintained the view that tangible improvements were urgently needed to fill the protection gap. There was a need for dedicated cooperation and close coordination among the various actors involved for the sake of efficiency and better results. The Secretary-General should continue to strengthen inter-agency response to the needs of internally displaced persons, as proposed in his report “In Larger Freedom”. It was regrettable that internally displaced persons had been viewed mainly as victims in need of protection and assistance since they became an object of international diplomacy. Their unused human potential should also be born in mind when considering their situation.
JORGE FERRER RODRIGUEZ (Cuba) said for 46 years, the aggressive measures and political manipulation of Cuban migration by Governments of the United States had been a constant feature. In that country, irregular migrants from other nationalities were discriminated against and deprived of their rights by new federal and State laws on human rights to education, health and employment; they were persecuted, detained, deported and even murdered by border patrols or by anti-migrant racist gangs. In contrast, any Cuban arriving on United States' soil by whatever means, whether illegal or violent, was immediately given social benefits and automatic legal residence one year after his or her arrival, pursuant to the so-called Cuban Adjustment Act of 1966. That law had encouraged illegal, violent and unsafe migration, terrorist hijacking of tens of planes and vessels and the criminal and unpunished traffic of migrants, and had caused the deaths of hundreds of Cubans. The United States continued to apply, in violation of the 1994 bilateral migratory accords, the “dry foot” or “wet foot” policy in order not to repatriate to Cuba any of the illegal migrants who set foot on that country’s soil and many of those were intercepted on the high seas.
As from last July, the current United States' administration had conducted a new unprecedented attack on the human rights of Cuban migrants and on the Cuban family in general, who had been unscrupulously turned into hostages to the insane aggressiveness against Cuba. The sick obsession to asphyxiate the Cuban economy had no limits or scruples. In the anti-Cuban policy of the Bush administration everything counted. The vast majority of the Cuban community of migrants in the United States, which was against the genocidal blockade and in favor of normalized relations with their families and with their homeland, had been silenced for years by power, threats, and the terrors of those who in Miami had attempted to impose a sole thinking, had said enough.
WANG GANG (China) said over the years the international community had done a lot of useful work for the promotion and protection of minority rights. In order to further promote and protect these rights, there was a need to adhere to the principle of equality of all ethnic groups; respect religious and cultural traditions and the ethnic identity of all ethnic groups; develop the economy in ethnic minority regions and raise people’s living standards; and share experience in protecting minority rights in different countries through dialogue and cooperation on the basis of equality and mutual respect.
China was a party to the International Convention on the Elimination of All Forms of Racial Discrimination, and it was sincere in fulfilling its obligations under the Convention. As the largest developing country with its historical legacies and geographical restraints, China has yet to resolve the problem of uneven development, where the western region of the country, where most of the ethnic minorities resided, was lagging behind its well-developed East. The Chinese Government would adopt a scientific approach to comprehensive, coordinated and sustainable development, with people at the centre. It would continue its efforts to improve the material basis of the system of regional ethnic autonomy in the interest of the economic and social development of the ethnic minority groups and their regions.
VOLODYMYR VASSYLENKO (Ukraine) said the problems of specific groups and individuals were complicated, complex and sensitive. This was a crossroads at which human rights and security risks interplayed and posed a real challenge for States and international organizations. For that reason, national authorities and the United Nations system should maintain the human rights of these vulnerable groups on their daily agenda. Significant gaps continued to exist in the protection of minority rights, urging the United Nations to strengthen its capacities to address minority issues. Ukraine attached the utmost importance to the protection of the rights of persons belonging to national, ethnic, religious and linguistic minorities, in conformity with international standards. One of the Government’s main tasks was to improve its legislative base for promoting harmonious relations between people of diverse ethnic origin, ensuring equality of rights and freedoms for all citizens irrespective of race, religion or ethnic origin, and creating favorable conditions to enable all Ukraine’s citizens to express their ethnic, cultural and religious identity freely.
The Government also attached great attention to renewing the rights of persons belonging to peoples deported from Ukraine by the former, totalitarian communist regime, he said. The authorities did their utmost to secure the return of these people, and to ensure their legal, political, social and cultural rehabilitation. Among those affected by this work figured the Crimean Tatars, Germans, Greeks and others. The current strategy was to accommodate returnees and to support their integration into social, economic and public life. The Government also took measures to create flexible legal mechanisms of State protection for all Ukrainian citizens, wherever required. A center for Ukrainians living abroad had been established which was entrusted with promoting and supporting Ukrainians living or working abroad. Finally, the issue of trafficking in human beings was often closely linked to the issue of migrant workers. Despite resolute efforts by the international community, the phenomenon had gone beyond the borders of individual States and had become an aspect of transnational organized crime.
HELENE IACKENBAUER, of International Federation of Red Cross and Red Crescent Societies, said the absence of international protection as it was commonly understood within the context of the 1951 Convention on Refugees, by no means eliminated the validity of international concern for the application of a high human rights standard to internationally displaced persons and others with special needs because of their displacement or removal from their homes. Much of the debate about the situation of displaced persons in the past had placed the vulnerability and special needs in a conflict-related context. Some of the concerns had been highlighted during the recent tsunami crisis. There was insufficient time in the debate to offer a great amount of detail, but it was important to record that protection issues which were raised were being addressed by the Federation and national societies. These included access to assistance, discrimination, enforced relocation, sexual and gender-based violence, safe and voluntary return or resettlement.
Migrant workers constituted a significant proportion of the much wider group of persons living in a country other than their own. That wider group was continuing to grow in the modern globalizing world, but much too little was being done by Governments to address the consequential needs of communities and nations as demographical changes were taking place.
OSAMA BADRULDIN (Iraq) said millions of Iraqis were still living today outside their country for various reasons, especially due to the disturbing conditions there. They were yearning to return and rebuild their country, and had elected in great numbers their representatives in the Assembly, both at home and abroad, ushering in a new era of democracy, freedom and the rule of law. All Iraqis should enjoy a life of freedom and dignity, including Arabs, Kurds, Assyrians and all other religious and ethnic groups, who were guaranteed freedom of religion. In order to facilitate the return of those who had been forcibly displaced from their areas of origin, the Government had set up a Board to look into property claims.
Regarding the humanitarian situation of vulnerable groups such as the handicapped, orphans, widows and the old, which was also being exacerbated by the difficult security situation, the authorities were seeking to provide care and protection to these vulnerable categories by providing health care and social services, including vaccination of children against childhood diseases.
OLIVIER COUTAU, of International Committee of the Red Cross (ICRC), said the ICRC had convened a conference on missing persons and their families in February 2003, at which participants had affirmed the magnitude of the problem, and had adopted a set of recommendations aimed at preventing and resolving cases of disappearances, as well as responding to the needs of families left behind. The twenty-eighth International Conference of the Red Cross and Red Crescent Societies had confirmed its commitment to these objectives, and participants had pledged to respect and restore the dignity of persons missing as a result of armed conflicts or other situations of armed violence and of their families. For its part, the ICRC was reinforcing its traditional activities, such as reestablishing and maintaining family links, collecting and centralizing information on vulnerable persons and on the dead, and tracing persons when their families were without news of them. Following the earthquake and tsunami in Asia, the ICRC had launched, with the cooperation of all concerned Red Cross and Red Crescent National Societies, a major project to restore contact between family members, to clarify the fate of those missing, and to support scattered and remaining family members. The ICRC also sought to promote the implementation of the Agenda for Humanitarian Action of all relevant actors, adopted at the twenty-eighth International Conference, and had drawn up a Plan of Action to be implemented progressively.
ANDREW BEGG (New Zealand) said for nearly four decades, everyone had been entitled to the core, generic human rights and freedoms “without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status”. After forty years, the international community might be in danger of taking that phrase for granted. It had become strikingly apparent, as negotiations on the rights of persons with disabilities progressed in New York, that in practice a group of people of “other status” had not received their due entitlement. The world’s 600 million people with disabilities continued to suffer from neglect and exploitation and they were often denied the most basic rights that the rest of the people took for granted.
The continuing failure to apply the provisions of the International Bill of Rights to persons with disabilities highlighted the need for an early conclusion to the negotiations on the Convention on the Rights of Persons with Disabilities. People with disabilities had not asked to be accorded new or different rights. They only asked that the international community take into account the barriers, which often made it impossible for them to enjoy the rights to which they were already entitled.
JUAN ANTONIO MARTABIT (Chile) said it supported the proposal of the Government of Mexico to have the United Nations General Assembly adopt a broad and comprehensive convention for the protection of those with disabilities and to ensure dignity for them. The Ad-Hoc Committee was to be supported. Human rights should be exercised fully and on an equal basis for those with disabilities, and this was why Chile supported the instrument fully. In 1994, legislation on social integration of persons with disabilities had been adopted with the aim of promoting social integration and equality.
The enrolment of students with disabilities had increased by 61.6 per cent over the last few years, thanks to a policy of full school integration. Chile was supporting a resolution on the rights of persons with disabilities.
JAMES C. DROUSHIOTIS (Cyprus) said the delegation of Cyprus wished to bring to the attention of the Commission the living conditions in the enclaves in the occupied part of Cyprus. Since the invasion of July 1974, and with the continuing military occupation, a large number of Greek Cypriots and Maronites had become enclaved amid the occupying forces. Despite the Third Vienna Agreement, reached between the two sides on 2 August 1975, Turkey had implemented a policy of systematic violation of the human rights of the enclaved. Their plight and their human rights situation had been documented and authoritatively dealt with by the European Court of Human Rights in its judgment on Cyprus vs. Turkey of 10 May 2001, which had found Turkey responsible for seven violations of the European Convention on Human Rights, related to the living conditions of the Greek Cypriots in the occupied area of Cyprus. These violations included violations of the freedom of thought, conscience and religion, freedom of expression, right to peace, enjoyment of one’s property, respect for one's private and family life, and the right to education. Turkey continued to defy that judgment, and refused to execute it by restoring the basic human rights and fundamental freedoms of the Greek Cypriots and Maronites in the occupied part of Cyprus. The Government of Cyprus called for nothing more than the safeguarding of fundamental freedoms and basic human rights of the enclaved.
GERMAIN BARICAKO, of African Union, said Africa had adopted its own convention for the protection of refugees and had established a Commission for Refugees and internationally displaced persons. The Commission visited refugees and displaced persons in camps. It recently visited the camps in Darfur and closely cooperated with the United Nations High Commissioner for Refugees and the International Committee of the Red Cross. Over the course of 2004, it had visited Sudanese refugees in Chad and the displaced persons in the camps near to Darfur. It had also visited refugee camps in Burundi following the massacre perpetrated in the camps in August 2004. The Special Rapporteur of the African Commission on Refugees had taken part in the visit to Burundi. Since some years, the African Commission had taken serious measures with regard to the issue of refugees and displaced persons. The Commission had signed in 2003 a memorandum of understanding with UNCHR with regard to African refugees.
PATRICK TARAN, of International Labour Organization, said the slow but constant progress of the main international standards for the protection of migrant workers and international cooperation in regulating migration was appreciated. To date, 70 States had ratified at least one of the instruments of the ILO on the protection of rights. The three ILO instruments represented an international charter on migration, establishing complementary provisions for a rights-based approach to regulation of international migration and international cooperation by States on migration movement. Migration, and labour migration in particular, was a major global challenge for governance, international cooperation and for the protection of the rights and dignity of the individuals involved.
One of the main challenges was how to ensure that protection of migrant workers was established in law and implemented in practice in the countries of the world. Recognition and protection of these rights carried both economic and political costs. In an intensely competitive global economy, any additional costs for a growing but unprotected portion of the global labour force undermined the advantages of relying on it to provide cheap, docile and flexible labour. Migrant and immigrant workers simply did not have large and powerful economic interests willing to advocate in their defence. Efforts by United Nations agencies, international organizations and civil society remained urgent, and it was hoped there would be further progress in achieving implementation of a rights-based approach to ensuring dignity for all migrants, and to enhancing their contributions for the development and welfare of host and home countries alike.
SUSAN TIMBERLAKE, of United Nations Joint Programme on HIV/AIDS (UNAIDS), said that HIV/AIDS posed such an exceptional threat to humanity that it demanded fundamental changes on many fronts, including human rights. HIV/AIDS was exceptional because there was no plateau in sight in terms of the HIV/AIDS epidemic, even though HIV was not easily contagious. In 25 years, it had swept across the world to infect some 65 million individuals. And although HIV/AIDS had been treatable since 1996, the rights to life and health had not prevented the death of many. Second, HIV/AIDS was exceptional because it had set off a chain of devastation in hard hit countries, which was debilitating agriculture, education, health, commerce, governments and entire communities. Thirdly, HIV/AIDS was exceptional because issues with which the international community was still uncomfortable, and which caused discomfort, denial, stigma, discrimination and even violence, sat at the heart of its spread, and included sex, discrimination and harmful traditions practiced against women, behavior deemed illegal or immoral such as drug use, sex out of marriage, homosexuality, controversy about sex education in schools and sexual reproductive classes for minors, and the continued neglect of the poor. The Commission should lead States through the difficult human rights challenges raised by these issues, and should ensure the rights of those suffering from HIV/AIDS. States had committed themselves to protect human rights in the context of HIV/AIDS, but there was an urgent need for a programmatic implementation of those rights.
ANDRZEJ SADOS (Poland) said the threat posed by the HIV/AIDS pandemic required the urgent attention of the Commission and of the entire international community. The situation of children under 15 years being made vulnerable or orphaned by HIV/AIDS was worsening, with an estimated 2.3 million children living with HIV at the end of 2004, including 640,000 children newly infected that year; 510,000 children died of AIDS in 2004; 500,000 children were in need of HIV/AIDS treatment; and 12 million children were orphaned in sub-Saharan Africa, with the number expected to rise to more than 18 million by 2010. For 13 years, the Polish delegation had been the main sponsor of one of the most important legal instruments adopted by the Commission, the resolution on the protection of human rights in the context of HIV/AIDS. The delegation of Poland invited all other governmental delegations to the Commission to co-sponsor the resolution.
WOLFGANG PETRITSCH (Austria) said many States had minorities within their national territories; meeting the aspirations of these persons and ensuring their rights required the acknowledgement of the dignity and equality of all individuals as a matter of priority. It furthered participatory development and contributed to stability and social development. This could only be done through the promotion of tolerance, mutual understanding and pluralism, and had to be nurtured and fostered through human rights education, confidence-building measures and dialogue. Persons belonging to minorities had to be encouraged to contribute to the multi-cultural enrichment of societies, and should be involved as equal partners. Much remained to be done to fully realize the rights of persons belonging to minorities.
Within the United Nations system there was only one mandate entirely devoted to the issue of minorities - the Working Group on minorities. This was an excellent forum for dialogue with non-governmental organizations and civil society, and it had carried out valuable conceptual work. However, it was not in the position to act in a flexible and timely manner to assist States in addressing situations involving persons belonging to national or ethnic, religious and linguistic minorities. Important areas of minority rights remained outside of or were reflected only partially within the existing mandates of treaty bodies and special procedures. There was also a shortage of time and resources allocated to minority issues.
ROZANE ABDUL MAJID (Singapore) said Singapore's success had been built upon the contributions of immigrants from China, India and other parts of Asia since the nineteenth century. They had bequeathed the State cultural diversity and social dynamism, and had contributed immensely to social dynamism and economic growth. Singapore continued to be open to migrants from around the world. All migrants should enjoy the basic human rights, and be given the protection of the law regardless of the national, racial or linguistic origins. However, a clear distinction must also be made between legal and illegal immigrants. An illegal migrant was necessarily subject to certain limitations on his rights, as he had violated immigration laws. Such illegal migrants posed a threat to the safety and security of any country. The distinction also applied to those willing to use international smuggling syndicates to enter a country illegally. Aware of the high risks involved, and the fact that they were committing a crime, these individuals would also have to face the legal consequences of their illegal actions.
The smuggling of human beings was a global criminal problem that must be dealt with comprehensively, both nationally and internationally, she said. Both the supply and demand sides of the question must be addressed. On the supply side, States must deal with the nefarious activities of criminal syndicates. On the demand side, they must rectify the causes of illegal migration at their source. In that respect, there was a need for greater cooperation between sending and receiving States to track illegal migration, punish human smugglers and traffickers, to raise international awareness about the problem, and to facilitate the orderly return of illegal migrants. Singapore strongly disagreed with the Special Rapporteur’s conclusion that the only way to halt the deteriorating situation was to recognize the rights of illegal migrants, and to apply the principle of non-discrimination. This would only address the symptoms, not the root causes, which included human rights violations, discrimination, and lack of economic opportunity in source countries. Calls for Governments to revise their immigration policies and eliminate discriminatory practices against migrants were inherently flawed. Each country had the right to tailor its immigration policy to suit its specific conditions and circumstances.
JEAN-DANIEL VIGNY (Switzerland) said Switzerland paid special attention to the protection against discrimination, and to safeguard the participation in decision making of monitories. The guaranteeing of the rights of minorities constituted an essential element for the protection of human rights and was necessary for social and political stability, as well as for the prevention of any conflict. In international development, the protection and promotion of minority rights was among the strategies for poverty reduction, as laid down in the Millennium Declaration. Switzerland supported the creation of a special procedure by the Commission concerning minorities. With regard to internally displaced persons, special attention should be focused on the 25 million internally displaced persons worldwide.
GORDAN MARKOTIC (Croatia) said the report on the rights of persons belonging to national, linguistic or other minorities was very welcomed. Croatia had ratified key international instruments in the field of minority rights, and the Government had fostered institutional reforms on the Constitutional level. The law introduced some positive measures to ensure the participation of minorities at various levels of Government. Some key issues on minorities had been addressed, and a National Body had been set up.
Regarding the rights and freedoms of the Roma, there was a National Programme aimed to improve their situation, which incorporated all relevant legislation from international organizations. Regarding those with disabilities, several documents had recently been adopted, among other things, dealing with pensions of those with disabilities. This stimulated the integration of disabled persons in economic and family life. The Social Welfare system provided various items for disabled persons. There was support for the draft Convention on the Rights of those with Disabilities.
JALILA HOUMMANE (Morocco) said that the question of migration was now of high priority for the international community and the United Nations system. Because of its complex and multi-dimensional character, which included political, economic, social, cultural, and developmental aspects, migration should be subjected to a global and integrated approach, based on openness, cooperation, and shared responsibility, and centred around the principle of respecting human dignity and taking into account the mutual interests of countries of origin, transition and destination. As globalization led to increased migration, migrants had become part of the international economic system, and constituted an essential vector to create a dialogue between different peoples and civilizations. Unfortunately, migrants continued to be confronted with ever-greater restrictions during the migratory process.
At the center of national and international concern was the phenomenon of illegal migration, which was a veritable scourge due to the involvement of human traffickers. Morocco, which was heavily impacted due to its position close to Europe, had adopted a strategy that integrated judicial, institutional, security, social and economic aspects in a global fight against criminal elements. Legislation had been adopted to strengthen the criminalization of trafficking activities and to safeguard the rights of foreigners in the country.
TIBOR SHALEV SCHLOSSER (Israel) said Israel was investing great efforts in order to improve the situation of person with disabilities in its society and in the past few years had stepped up its promotion of that issue. In 1998, a major statute was enacted with regard to peoples with disabilities; the law was very comprehensive, covering all basic rights of persons with disabilities. The Equal Rights Law had set a goal for Israel to protect the dignity and liberty of person with disabilities and anchored their right to equal and active participation in society in all fields of life, as well as properly provided for their special needs in a manner enabling them to spend their lives in maximum independence, privacy and dignity, while making the most of their capabilities. This year, Israel had enacted a law that added the fifth section to the previous four, ensuring the access of physically, mentally impaired persons to public places.
SEYMUR MARDALIYEV (Azerbaijan) said the international community’s response to internal displacement had left many questions unanswered and the collaborative approach chosen to address the needs of internally displaced persons was accompanied by a certain lack of coordination and protection. The United Nations should assume a leadership role in advocating the protection of internally displaced persons. Recognizing that the primary responsibility for the protection and assistance of internally displaced persons fell within the national jurisdiction of States, the Government had spared no time or effort to ensure all basic rights of internally displaced persons, but the international community had to take into account the scale of displacement faced by countries, as well as the Government’s capacities to address it. All internally displaced persons who were in need of international protection deserved the attention and protection of the international community.
The promotion and protection of the human rights of persons belonging to minorities contributed to the political and social stability of any State in which they lived. The compliance of minorities with their commitments before the State of their residence as well as respect of their rights by the State was an important factor for peace, security, stability and democracy.
RAMIRO RECINOS TREJO (El Salvador) said El Salvador had established a Vice-Minister for Migrants, whose role was to promote and support migrants abroad. In 1999, in conjunction with the International Organization for Migration, the “Welcome Home” programme was set up with the aim of providing assistance to Salvadorans returning to the country; this assistance included an initial orientation, shelter or assistance, emergency medical care, and training, among other services. El Salvador was also committed to countering the illegal trafficking of human beings, especially children, and had conducted awareness raising nationwide. El Salvador had signed the Migrants’ Rights Convention, as it was the international instrument best suited to protecting the rights of migrants. The country had also ratified the Convention on Transnational Organized Crime and its Optional Protocols, and had promoted migrants’ rights by co-sponsoring resolutions on migrants' rights at the United Nations. The country held that the International Convention on Migrants' Rights was the instrument to ensure protection at the international level, and emphasized the importance of universality.
JUNEVER MAHILUM-WEST (Philippines) said the Philippines was a strong advocate of the protection and promotion of the rights of migrant workers worldwide. It held the highest priority on strengthening collaboration within the international community, with multilateral, regional and bilateral partners, to enhance the protection of their rights. In that regard, the Philippines reiterated its call to the world community to consider and alleviate the plight of vulnerable migrant workers, particularly women, and to put these people first on the global agenda. To realize those objectives, international mechanisms were needed for sustained dialogue in addressing issues related to migrant labour such as illegal migration, assistance to nationals, protecting and promoting the rights and welfare of migrant workers in receiving States and putting in place reintegration programmes upon return to their country of origin.
The vulnerability of migrant workers to transnational crime, such as trafficking of women and children for labour and commercial sexual exploitation, was another issue which required sustained international attention.
JOSE ANTONIO DE ORY (Spain) said the Special Rapporteur on the human rights of migrants should be thanked for the statement made and the information and thoughts shared with the Commission. Spain was a country highly affected by migration, and was familiar with its complexity. It was a country of transit and reception, but for decades had been a source of migrants. It was an issue that was constantly growing, and policies on migration focusing on security had been developed in the context of avoiding and monitoring irregular migration and combating transnational crime. It was important to have coordination in this area in order to avoid discrepancies.
With respect to the new provisions adopted by Spain, in particular the normalization of foreigners who were in Spain and met certain requirements, this was an extraordinary event. A new migration policy was being developed that would guarantee the constant feature of all policies: the promotion and protection of migrants in Spain and Spaniards abroad. Moreover, the Spanish legal order provided a general framework to combat discrimination.
MARINA IVANOVIC (Serbia and Montenegro) said minorities constituted nearly 30 per cent of the population of the country, and noted that 12 national minority councils had been established to promote minority rights. The councils represented national minorities as collectivities, and acted as advisory bodies to the relevant authorities in the field of culture, education, information, and official use of minority languages. The Government had recently established the Council of National Minorities, which was responsible for coordination of all activities relevant to the implementation of minority rights. Further work was pending regarding the setting up of a Fund, as stipulated by the Law on the Protection of Rights and Freedoms of National Minorities. In addition to affirmative action measures in the sphere of electoral law, affirmative action measures had also been undertaken in the Republic of Serbia for the benefit of the Roma, and the Ministry on Human and Minority Rights had prepared action plans for implementing a strategy for the integration of the Roma in the areas of education, housing, health and employment.
The country continued to provide protection for more than 200,000 internally displaced persons from Kosovo and Metohija, he added, and the internally displaced persons were completely equal to all other citizens. International humanitarian assistance had been gradually phasing out from the country, which was doing its best to respond to the needs of the vulnerable internally displaced persons. There had also been considerable progress to find durable solutions for refugees in the region, but the issue of missing persons remained at the center of the agenda.
JILLYANNE REDPATH, of International Organization for Migration (IOM), said throughout the world, countless migrants faced sub-standard living and working conditions, discrimination and other deprivations of their human rights on a daily basis. Regrettably, 11 September had compounded negative attitudes and responses to migrants within host societies. Whilst regularity of immigration status provided no guarantee for the well-being of migrants, migration outside the legal framework of a State posed the greatest risks to migrants’ rights. The violations of the human dignity suffered by many migrants involved in irregular migrations were well documented. Irrespective of national origin, race, creed or colour, or legal status, migrants shared with the nationals of their host community both a common humanity and the right to expect decent and humane treatment. Ensuring that migrants’ rights were upheld and respected was of primary importance to the work of IOM, which would continue in the coming years.
EMMANUELLI KAHAYA (Democratic Republic of Congo) said recent studies by the United Nations and other international organizations demonstrated an internal displacement which affected approximately 30 million people. Africa was the worst affected continent, with over three million persons displaced in the Democratic Republic of Congo alone - six per cent of the entire displaced population in Africa - and this humanitarian disaster was the result of the war in the country. Conscious of its responsibility to protect the human rights of internally displaced persons, the Government had set up a programme for the return and integration of internally displaced persons, aiming to encourage them to return to their origins and join the fight against poverty.
The support measures for the socio-economic reintegration of displaced persons were also strengthened. This all required financial resources that were lacking in the Democratic Republic of Congo in its post-conflict situation. The return of refugees could not take place without difficulties. The infrastructure was damaged and dilapidated, and commercial enterprises had been pillaged. Effective support by the international community would be greatly appreciated in order to meet the needs of refugees and internally displaced persons.
RAFAEL HANDS (Venezuela) said that Venezuela was a transit and recipient country for migrants, and understood that there must be solutions for the inclusion of migrants to ensure international social cohesion. There must be compatibility between national and international provisions in the areas of international human rights and humanitarian law, and there should also be a change in the worldwide perception of migrants. The technical assistance provided by the Organization of American States and the International Organization for Migration was welcomed. It had led to the creation of an inter-ministerial working group on migrant issues. Venezuela continued to work on educational programmes for millions of Venezuelans, including migrants, who had previously been excluded from the educational system. There was also healthcare for migrants, and the Government had established a programme to regularize the standing of migrants that had been in the country for extended periods. He also reaffirmed the need to create a more just international order, and to redress the unequal distribution of wealth, in order to address the root causes of migration.
PITCHAYAPHANT CHARNBHUMIDOL (Thailand) reaffirmed Thailand's unwavering commitment in the protection and promotion of human rights, including the rights of specific groups of individuals. Thailand's Constitution guaranteed the rights and fundamental freedoms for all Thai citizens. The Thai Government would continue its best efforts to put into action every spirit and letters of the Constitution deemed dear. The Government had also addressed the issue of minorities based on the principles of non-discrimination. The Labour Protection Act of 1998 guaranteed equal payment to both Thai and migrant workers. A regularization scheme had been undertaken to ensure that registered migrant workers were provided with the same access and conditions as Thai workers with regard to basic health care and other remunerations.
O. KORAY ERTAS (Turkey) said internal displacement was unfortunately affecting the lives of many people in various parts of the world. The scourge of terrorism had raised its ugly head by causing the displacement of Turkish citizens who were living mainly in the South East of the country. Fully ascribed to democratic values and aiming to attain the highest possible human rights standards, Turkey was resolute to find a solution to this issue, in close cooperation with civil society organizations and relevant international partners.
In its struggle for finding effective solutions to the internally displaced persons issue, Turkey had been acting in full transparency and cooperating with international partners. As a reflection of Turkey’s willingness to continue cooperation with the United Nations, the new Representative of the Secretary-General on the human rights of the internally displaced persons had been invited to Turkey for a working visit to receive a firsthand observation of the latest situation related to internally displaced persons. Turkey was determined to handle the issue within its territory in good will, and this had been recognized and praised by the European Commission in 2004.
ALESSANDRA AULA, of Franciscans International, in a joint statement with Dominicans for Justice and Peace and Dominican Leadership Conference, delivering a joint statement, said that it was regrettable that the Migrants’ Rights Convention had only been ratified by 28 countries to date, and that its Committee had yet to examine a periodic report. The mandate of the Special Rapporteur on migrants' rights should be extended for an additional three years, to allow the international community to receive comprehensive, updated reports, and to permit visits to countries that had not yet ratified the Convention. Regarding the contemporary forms of slavery, non-governmental organizations felt that trafficking in persons, forced labour, bonded labour, or early or forced marriage represented manifestations of this scourge. Governments should ensure the protection of the victims of trafficking. States should ratify the protocols to the Convention on Transnational Organized Crime and incorporate the recommended principles and guidelines on human rights and human trafficking in their domestic legislation at the earliest possibility.
GRACIELA ROBERT, of Médecins du monde international, said they had been in south Darfur in Nyala since July 2004, providing medical treatment to people in camps. In July 2004, the group had hosted 50,000 people in the Kalma camp. After seven months, the number of people in the camp had increased three fold and had been filled with people fleeing violence perpetrated in their villages. In order to host as many people as it could, Médecins du Monde had expanded its capacity and during the past few months had observed an alarming deterioration of the humanitarian situation in the region. The security of persons and their protection was not guaranteed. Within the camps, there had been violence and shootings during the night. The displaced persons alleged that it was the police that was using its firearms.
RACHEL BRETT, of Friends World Committee for Consultation (QUAKER), in a joint statement with Amnesty International, said the Commission should call unequivocally on States to protect the human rights of refugees, asylum seekers, and displaced persons wherever they may be and whatever their legal status. There was concern that millions of refugees who had moved in mass flows had been living in protracted refugee situations for years and had been denied of their fundamental human rights. States should demonstrate a real commitment to ending the human rights violations that caused mass exoduses, and to removing the protection gaps into which the refugees of the world fell. The Commission should call on States to pay particular attention to the human rights of displaced persons and refugees when reviewing the Millennium Development Goals, and should investigate and prosecute their own nationals involved in peacekeeping operations as well as other persons suspected of crimes under international law.
MEHRAN BALUCH, of Interfaith International, said the idea of creating Pakistan had been based on similarities of faith among the people of the region. However, the country had become a State where there was an institutionalized domination of the Punjabi nationality above all the others. The forceful annexation of Balochistan in 1948 had been followed by continued violations of human rights and absence of basic human dignity in the region. The forced assimilation and integration programmes implemented by the Punjabi establishment had reached a crucial point where the Baluch existence was under threat. The unabated plundering of the area’s wealth and the exploitation of the people left them with no option but to rid themselves of Punjabi domination to safeguard their existence and to enjoy of future of prosperity and development. Moreover, Pakistan was encouraging fundamentalist religious elements allied to the State, who were funded and patronized by the fabric of a secular Baluch society. Pakistan had fooled the world with its hypocrisy and duplicity. On the one hand, it was the United States' ally in the war on terrorism; on the other, it was one of terrorism’s essential incubators in the war against the West.
Right of Reply
MUSTAFA LAKADAMYALI (Turkey), speaking in exercise of the right of reply in reference to the statement made by the Greek Cypriot Representative, said the Greek Cypriot Representative had depicted the Turkish Republic of Northern Cyprus as an occupied area. The only occupation in Cyprus was the 42-year long unlawful occupation by the Greek Cypriots. Turkey’s intervention in Cyprus in 1974 was undertaken in accordance with its rights and obligations under the 1960 treaty of guarantee. He recalled that the term ‘enclaved’ was first used by the UN Secretary-General to describe the plight of the Turkish Cypriots between 1963-74, who had been squeezed by the Greek Cypriots into small pockets scattered around the island in the wake of the Greek Cypriot side’s armed onslaught against the Turkish Cypriot partner. Since 1974, the Greek Cypriot side has attempted to hijack this term to misrepresent the living conditions of the Greek Cypriots and Maronites residing in North Cyprus, for purely propaganda purposes. One should note that the Greek Cypriots and Maronites enjoyed the same, if not better, standard of living as the Turkish Cypriots of the same area.
JAMES C. DROUSHIOTIS (Cyprus), speaking in a right of reply in response to the right of reply by Turkey, said the representative of Turkey had attempted to hide facts and distort truth, but this could not be concealed, nor contested, in particular with regard to the presence of occupying troops in Cyprus. There were United Nations resolutions substantiating that. As indicated in the earlier statement, among the grave and mass violations of human rights, Turkey was responsible for 14 violations of the European Convention on Human Rights. In brief, regarding freedom of expression, the European Court of Human Rights found that the right of expression of Greek Cypriots was denied, and schoolbooks were subjected to extreme censorship. Regarding the right to education, the situation of Greek Cypriot children in the occupied area had not been remedied. Secondary school functioning in the area did not cover the needs for different levels of education, and it was held under restrictive conditions. These were just a few examples. With regard to the living conditions, the facts spoke for themselves.
MUSTAFA LAKADAMYALI (Turkey), speaking in a second right of reply, said that the Greek Cypriot Representative had once more politicized this forum by making unfounded allegations. The Greek Cypriot side had overwhelmingly rejected the Secretary-General’s peace plan for Cyprus. On the one hand they were rejecting the peace plan, and on the other, their delegates were shedding crocodile tears regarding the human rights situation in Cyprus.
JAMES C. DROUSHIOTIS (Cyprus), in a second right of reply, remined the Turkish delegation of the relevant Security Council resolutions, such as 541 and 550, concerning the situation in Cyprus.
* *** *
For use of information only; not an official record
VIEW THIS PAGE IN: