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13 April 2000
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Commission on Human Rights
56th session
13 April 2000
Morning
Hears Statements by Foreign Affairs Minister of Canada,
Israeli Minister for Immigrant Absorption
The Commission on Human Rights this morning began a debate on its agenda item on specific groups and individuals, focusing on migrant workers, minorities, mass exoduses and displaced persons, and other vulnerable groups and individuals.
The Commission was also addressed by the Foreign Minister of Canada and the Minister for Immigrant Absorption of Israel.
Lloyd Axworthy, Minister for Foreign Affairs of Canada, said that the Commission was scheduled to take action on the human rights situation in a number of countries. It was important that the international community be allowed to address human rights concerns wherever they occurred, particularly the Commission, which existed for the purpose of giving free and open voice to human rights concerns. The promotion of human rights, however, involved much more than public expressions of concern. It involved concrete measures to build sustainable human rights capacity.
Yael Tamir, Minister for Immigrant Absorption of Israel, on her part told the Commission that the Law of Return led Israel to offer support and asylum to individuals found in deep distress all over the world. Israel opened its doors to Jews and their kin regardless of their age, race or gender. It accepted with open arms individuals in poor health, illiterate individuals or those who endured economic hardship. Few countries were ready to offer not only a shelter, but also citizenship rights, including health services and economic benefits to individuals in such a distress.
Gabriela Rodriguez, the Special Rapporteur on migrant workers, said violations of the human rights of migrants occurred in many parts of the world. The protection of the human rights of migrants was the responsibility of States, civil society, international organizations and non-governmental organizations. The first step in preventing the violations of the human rights of migrants was to inform potential migrants of migration policies and their rights and duties.
Francis Deng, the Representative of the Secretary-General on Internally Displaced People, introduced his report and said that apart from physical insecurity and persecution, internally displaced people were often deprived of adequate shelter, food, safe water, medicine and education. Many Governments and non-State actors in conflict situations lacked either the capacity or the political will to protect or assist their internally displaced populations.
Introducing his report, the Special Rapporteur on Disability, Bengt Lindqvist, said variations in physical, mental and sensory functioning had always existed among human beings, and people with functional limitations had always run the risk of being excluded and marginalized. Throughout centuries, societies had been constructed and designed as if people with disabilities did not exist.
Over the course of the morning meeting, the representatives of the following countries participated in the debate: Pakistan, the United States, Cuba, Senegal, El Salvador, Venezuela (on behalf of the Group of Latin American and Caribbean States), Peru, Mexico, China, the Russian Federation, Morocco, Philippines, the United States (Special Envoy to Sudan) and India.
Palestine exercised its right of reply.
When the Commission reconvenes at 3 p.m., it will continue its debate on the subject of specific groups and individuals, with special focus on migrant workers, minorities, mass exoduses and displaced persons, and other vulnerable groups and individuals. At the beginning of the meeting, it is scheduled to take action on a draft resolution on the right to development. The Commission is scheduled to hold extended meetings until midnight.
Specific groups and individuals including migrant workers, minorities, mass exoduses and displaced persons, and other vulnerable groups and individuals
Under this agenda item, there is a report by the Secretary-General (E/CN.4/2000/80) and the United Nations Voluntary Trust Fund on Contemporary Forms of Slavery. The report includes notes on the mandate of the fund, beneficiaries, administration and board of trustees, the financial situation, fund-raising, needs assessment, how to contribute to the fund and additional information.
Addendum 1 (E/CN.4/2000/80/Add.1) consists of the recommendations adopted by the board of trustees of the United Nations Voluntary Trust Fund on Contemporary Forms of Slavery at its fifth session. The addendum examines the applications for new travel and project grants, the financial situation of the Fund and the implementation of its previous recommendations, approved in 1999.
There is a report (E/CN.4/2000/81) by the High Commissioner for Human Rights, submitted pursuant to Commission resolution 1998/49, on human rights and mass exoduses. The report states that the Commission's consideration of this issue is more relevant than ever. The awareness of the link between human rights violations and situations of mass exodus and displacement is now well-developed. The report highlights the need for focused attention to the measures required to prevent and redress the human rights violations causing and characterizing mass exoduses, as well as the undertaking of concrete action when such crises occur. Further development of the role of mechanisms of the Commission in addressing the issue, both in general and especially in specific situations, is critical.
There is a report (E/CN.4/2000/83) by the Representative of the Secretary-General on Displaced Persons, which concludes, among other things, that the international community must now devote its attention to ensuring that the Guiding Principles developed on displaced persons and mass exoduses are systematically applied; and that "the time has come to go beyond ad hoc responses and to agree on a clear legal and institutional framework for protecting internally displaced persons. Their precarious plight, as highlighted in the country situations in this report and in the unpredictability of national and international responses, underscores the urgency of translating the normative and institutional frameworks created thus far into actual protection on the ground".
An Addendum 1 to the report (E/CN.4/2000/83 Add.1) is a follow-up document on a mission to Colombia by the Secretary-General’s Representative which concludes, among other things, that while the Government has made progress in coping with problems of internal displacement, much remains to be done, and the problem "lies not so much in the design of laws or the selection of strategies... but in their implementation". There seems to be "insufficient will on the part of the Government to put its laws into practice," the Representative contends. He recommends an overall Government strategy to clarify the central role of the State in coping with internal displacements.
An Addendum 2 (E/CN.4/2000/83 Add.2) consists of a report of the Workshop on Implementing the Guiding Principles on Internal Displacement, held in Bogota, Colombia, from 27 to 29 May 1999. The Workshop urged the Government, among other things, to comply with the Guiding Principles and with international recommendations already made to deal with the situation and expressed concern, among other things, that forced displacement had become a military strategy deliberately used by armed actors to establish control over disputed territories.
There is a letter from the Permanent Mission of the Federal Republic of Yugoslavia to the Chairperson of the Commission (E/CN.4/2000/138) on "information on the humanitarian situation in the Federal Republic of Yugoslavia", which outlines Government efforts to deal with refugees; reviews expenses occurred to that end; claims that "due to non-implementation of the Dayton peace accords and the agreement on the normalization of relations between the Federal Republic of Yugoslavia and Croatia, by Croatia and Bosnia and Herzegovina, the number of refugees returning to those countries is negligible"; and charges that "a brutal aggression committed by NATO against our country allegedly to prevent a humanitarian disaster of the ethnic Albanians in Kosovo and Metohija, actually resulted in a humanitarian catastrophe of the Serbian, Montenegrin and other non-Albanian population".
There is a report by the Secretary-General on violence against women migrant workers (E/CN.4/2000/76). The report contains a summarized account of action taken by States, United Nations bodies, specialized agencies and intergovernmental organizations to address violence against women migrants. The report indicates, among other things, that although the Special Rapporteur on violence against women had insisted on the need to take measures to tackle the specific problems of this particular group of migrants, additional attention at the national and international level was required. Further, more extensive information and data was required on the situation of women migrant workers in order to identify concrete strategies.
Statements
GABRIELA RODRIGUEZ, Special Rapporteur on migrant workers, presenting her first provisional report to the Commission, said the first part outlined a plan of action for the three-year period of her mandate. The second part was devoted to an initial examination of international instruments available for the protection of the human rights of migrants. The third part examined the link between migration and the increase in racism, discrimination and intolerance, and a more detailed examination of the issues surrounding women migrants.
Violations of the human rights of migrants occurred in many parts of the world. The protection of the human rights of migrants was the responsibility of States, civil society, international organizations and non-governmental organizations. The first step in preventing the violations of the human rights of migrants was to inform potential migrants of migration policies and their rights and duties. Special attention had to be given to victims of trafficking in persons and transnational organized crime, asylum seekers and violence against women migrant workers. The situation of migrant women should be of particular concern as they were often exposed to sexual exploitation, violence and abuse and trafficking. These practices led to family disintegration and created situations where women and their children were highly vulnerable.
With regard to trafficking in persons, the Special Rapporteur indicated that she intended to encourage the introduction of legislation, which would penalize the practice, and would launch information campaign on the rights of victims. The Special Rapporteur also highlighted the importance of combating discrimination, xenophobia and intolerance and promoting respect for cultural diversity and solidarity.
FRANCIS DENG, Representative of the Secretary-General on Internally Displaced People, said he had tried to underscore the challenges that had to be met to develop an effective and comprehensive system of protection and assistance for internally displaced people. Apart from physical insecurity and persecution, internally displaced people were often deprived of adequate shelter, food, safe water, medicine and education. The causes of internal displacement, internal conflicts, gross violations of human rights, communal violence, and other human made and natural disasters were factors associated with an acute crises of national identity. Many Governments and non-State actors in conflict situations lacked either the capacity or the political will to protect or assist their internally displaced populations.
The State had to meet the minimum standards of protection and assistance for all under its jurisdiction. The most significant accomplishment of the mandate in this regard was the development, with the encouragement of the Commission and the General Assembly, of the Guiding Principles on Internal Displacement. Although not binding, these principles were based on existing norms of human rights and humanitarian law and had met with wide acceptance by the international community, particularly the Inter-Agency Standing Committee. The Security Council had also made reference to the principles and had begun to refer to the Guiding Principles when addressing specific situations of internal displacement, as in the case of Burundi. The principles had been noted with appreciation and interest in regional contexts also.
To assist international organizations and NGOs in applying the Guiding Principles, a handbook had been prepared as well as a Manual on Field Practice in Internal Displacement. While the international community had made appreciable progress in developing institutional responses to crises, the internally displaced remained in an anomalous situation. Mr. Deng said country missions provided the litmus test for the effectiveness of international collaboration in bringing needed protection and relief to the millions of those uprooted and dispossessed within the borders of their countries. So far 16 missions had been undertaken, however, unless they resulted in the improvement of conditions of the internally displaced, they could only raise hope which would degenerate into despair and the loss of faith in the United Nations and the international community.
LLOYD AXWORTHY, Minister for Foreign Affairs of Canada, said that as President of the Security Council for this month, Canada was trying to broaden the Council's approach to include the issue of human security perspective in both words and deeds. The protection of civilians was an explicit part of the mandates of the United Nations operations in Sierra Leone and East Timor, and child protection advisors and human rights units were now regular parts of peacekeeping missions. This week, the Security Council would examine the report into the actions of the United Nations during the 1994 genocide in Rwanda. The report would raise serious issues about the Council's action -- and inaction -- in the face of widespread human suffering, and it provided useful recommendations on how to avoid those tragedies in the future.
Canada strongly supported the announcement of the High Commissioner for Human Rights to send a human rights consultant to Sudan to assess the possibility of a human rights field office there. The continued serious violations of human rights and humanitarian law in the brutal armed conflict in Sudan was also on the Security Council's agenda. Earlier this week, the Commission had discussed the High Commissioner's report on her mission to Chechnya. Canada remained convinced that human security could not be restored in that troubled region without an open and inclusive investigation of all allegations from all sides. Canada would strongly support the establishment of an independent commission of inquiry and would emphasize the importance of the participation by international experts in its work.
Next week, the Commission would be taking action on the human rights situation in a number of countries, including Cuba, China, Iran, Iraq, Sierra Leone and Sudan. It was important that the international community be allowed to address human rights concerns wherever they occurred -- particularly the Commission, which existed for the purpose of giving free and open voice to human rights concerns. The promotion of human rights, however, involved much more than public expressions of concern. It involved concrete measures to build sustainable human rights capacity. Through its various agencies, Canada was taking steps to assist countries, such as Guatemala, Indonesia and South Africa, to build lasting human rights institutions.
Canada remained committed to the adoption of a strong and effective Declaration on the Rights of Indigenous People during the International Decade. In particular, it supported the creation of a permanent forum at the United Nations which would serve as an advisory body on indigenous issues. The Commission was urged to approve the resolution which was being prepared along the lines of the proposal developed in partnership with indigenous people.
YAEL TAMIR, Minister for Immigrant Absorption of Israel said his Government granted to those immigrants who entered Israel, according to the Law of Return, automatic citizenship. From the point of view of the Law of Return, all Jews were potential citizens. Upon arrival they were awarded citizenship, a full set of political and welfare rights and special services that met their needs such as Hebrew classes, financial assistance for the purpose of finding housing, professional training, as well as support in work placement.
The Law of Return led Israel to offer support and asylum to individuals found in deep distress all over the world. Due to the Law of Return, Israel had opened its doors to Jews and their kin regardless of their age, race or gender. It accepted with open arms individuals in poor health, illiterate individuals or those who had endured economic hardship. Few countries were ready to offer not only a shelter, but also citizenship rights, including health services and economic benefits to individuals in such a distress. The case of Ethiopian Jews exemplified the width of the entry door to Israel. Israel had absorbed over 74,000 Ethiopians and would absorb thousands more. Countries more affluent than Israel viewed the dire conditions in Africa in general and Ethiopia in particular yet did not offer those who suffered hunger and distress the right to immigrate and acquire citizenship. True, Israel did not make such offers on universal grounds, but it was more generous than others. The Law of Return thus encompassed not only a national vision but also a humanitarian one.
By giving priority to Jews and their kin, the Law of Return placed the Palestinian citizens of Israel in an inferior position. Such a policy was justified by two conditions: first that Israel would acknowledge the right of the Palestinians, in their State, whenever it would be founded, to enact a similar Law of Return. Second that apart from the Law of Return, Israel would treat all its citizens equally. While introducing the Law of Return in the Israeli Parliament, Ben Gurion stated that "In the State of Israel Jews shall not be privileged over non-Jews, all citizens will enjoy equal rights and be burdened with equal responsibilities. This goal had yet to be achieved. This would be one of Israel's major moral tests. The Middle East was not yet ready to transcend the age of nation-states, the least one could aspire to was therefore that these States would live in peace with each other and would respect the rights of all their citizens.
BENGT LINDQVIST, Special Rapporteur on Disability, said variations in physical, mental and sensory functioning had always existed among human beings, and people with functional limitations had always run the risk of being excluded and marginalized. Throughout centuries, societies had been constructed and designed as if people with disabilities did not exist.
In his mandate, Mr. Lindqvist would work on the establishment of a permanent monitoring mechanism, address the gaps and shortcomings of the present texts, and present a proposal on how to involve UN agencies in the further implementation of the Standard Rules. A great step was taken two years ago in human rights when the Commission had adopted resolution 1998/31 where all State parties were invited to open up to the inclusion of the disability dimension in the human rights monitoring process. This was only the beginning. How should one proceed and ensure that the issues of importance were covered? Was it possible to effectively monitor the human rights within the present system? Should one strengthen and develop the tools? Should this be done through the development of guidelines or an Additional or Optional Protocol?
Was the answer that a Special Convention on persons with disabilities be established, as had been suggested by China. Another aspect was the strengthening of the administrative system. This could be done through the appointment of an Ombudsman or a Special Rapporteur to assist in the monitoring of the rights of disabled persons. The excellent initiative of two years ago had brought the Commission to the crossroads, Convention or no Convention. It was necessary to engage in further analysis before taking such decisions on the possibilities. The Commission was a perfect forum for this analysis. Working Groups on disabilities could be established to this end and international conferences could be held where a special dialogue on the subject could take place and people could learn from each other.
DERICK CYPRIAN (Pakistan) said that in Pakistan, all churches comprising of Roman Catholic, Protestant, Lutheran and Anglican denominations were functioning freely. Hinduism, Yoroastrianism and Sikh religions were being practiced openly. Missionary activities were allowed. Only recently all schools belonging to Christian missions had been de-nationalized and were being handed over to their original missionary functionaries. Similarly, freedom of speech and religious publication including running of religious educational institutions were allowed without fear of interference. Inter-faith understanding and communal harmony and eradication of all kinds of discrimination was being given top priority by the present Government.
There was not discrimination of admission to schools funded by public money and all minorities were free to operate and maintain their places of worship and their respective educational institutions. Most of the Sikh holy shrines were situated in Pakistan and they were being maintained to facilitate the Sikh minority, not only locally but also for pilgrimages coming from India and other countries of the world. The Sikh minority community had on various occasions publicly expressed their sense of gratitude for the care taken by the Government of Pakistan for maintaining their places of worship. The law on blasphemy was maintained to protect the religious and sectarian harmony by including and inculcating self-respect among the followers of different faiths so that they might not commit sacrilege against each others prophets.
NANCY RUBIN (the United States) said that all human beings were born free and equal in dignity and rights, yet every one struggled with their prejudices, misconceptions and good intentions. We confined those we did not understand behind walls - of institutions and of silence - rather than accept their differences. All human beings were born free and equal in dignity and rights, yet every day, gays and lesbians around the world faced discrimination, persecution and even death. Nothing in international law could justify the persecution of individuals on the basis of sexual orientation.
Many other groups demanded that dignity play a role in the promotion and protection of human rights. They included elderly citizens, cast off the forgotten; children sold into debt bondage or sexual slavery; individuals overcoming physical disabilities; and women coping with domestic violence. Perhaps the most overlooked and vulnerable of these were individuals with mental disabilities, including the mentally ill. In too many countries, Governments failed to distinguish between the mentally ill and the mentally retarded - two groups with distinctly different problems and needs. Further, in far too many countries patients in psychiatric hospitals must contend with extremely poor, unsanitary and inhumane living conditions.
JORGE FERRER RODRIGUEZ (Cuba) regretted that 10 years after the adoption by the General Assembly of the International Convention on the Protection of the Rights of Migrant Workers and their Families, it had not entered into force. Only twelve nations had ratified it and amongst them, there were no developed countries. There had been a transformation of xenophobic discourse into official language particularly in the United States. This needed to be addressed with urgency. The immigrants crossing the borders to the United States were exposed to mortal dangers. In January alone, 63 people died as the immigration service used more armed officials than any other federal agency. An estimated 50,000 women and children had been trafficked to the United States for the purpose of prostitution and exploitation. This had not received adequate attention.
The US 1966 Law of Cuban Adjustment was to blame for the many incidents of death as under this law, any Cuban arriving on US territory could obtain legal residence and a work permit. This constituted a clear discrimination against other countries. Acts of this kind would lead to further loss of human lives and international solidarity was needed to end this abominable law immediately and to punish those who smuggled Cuban citizens. The problem of minorities was a matter of concern, particularly in the Czech Republic. The Czech Republic was experiencing a trend leading toward apartheid regarding the Roma people who were continually subjected to discrimination, unemployment and inadequate education for their children. Skinheads attacked Roma families in their own homes without impunity. Both the rights of migrants and minorities needed international instruments and political will to ensure that societies treated every one equally.
MAMADOU LOUM (Senegal) said that despite a number of international laws and conventions, the respect for the rights of migrants was far from a reality. That was why Senegal, a country of immigrants and migrants, called upon States to ratify, as early as possible, the 1990 International Convention on the Protection of the Rights of Migrant Workers and their Families. Ratification would allow it to enter into force and its effective implementation would enable States to respect the rights of that category of persons who were particularly vulnerable. The growing feminization of the work of migrants, the trafficking in human beings, prostitution and the criminality to which migrants were more and more exposed, needed the adoption of concerted and concrete action by the international community.
The difficulty to find a content which would be globally acceptable to the concept of migrants, xenophobia and the rejection of others, which was deeply anchored in certain societies, should not annihilate the inalienable rights of all human beings, national or non-nationals, to co-exist peacefully. Senegal recognized the right of each State to define its policy on immigration but it was time to endeavour for an approach which was more humane by ending the marginalization, social exclusion and the extreme forms of treatment which victimized migrants.
CARLOS GARCIA GONZALEZ (El Salvador) said that the Government of El Salvador attached great importance to the question of migrants, which was covered in the Government's New Alliance programme for the 1999-2004 period. The programme placed emphasis on the need to promote the rights of migrants and their families in accordance with national legislation, relevant international conventions and UN resolutions. In this respect, a review of a draft law on migration was being conducted with a view to modernizing national legislation and incorporating in one instrument issues relating to migrants. In particular, the draft law considered classifying all foreigners who came into the country so as to address their needs and requirements.
The Government had also undertaken steps which would allow the prompt ratification of the International Convention on the Protection of the Rights of All Migrant Workers and Their Families. El Salvador had also hosted a seminar on migrant women on 24 and 25 February, the principle purpose of which was to discuss proposals for a regional study on migrant women and children in central America and to identify actions in favour of them. Currently, the creation of an ombudsman for migrants was under consideration. The Government firmly believed that the international community and the Commission could play an important role in the protection and promotion of the human rights of migrants and their families.
VICTOR RODRIGUEZ CEDENO (Venezuela) said, on behalf of the Group of Latin American and Caribbean States, that the protection and promotion of human rights of migrants deserved special attention. Migratory flows had contributed to the history, culture and society of several countries. Yet migrants were faced with traffickers, abuses by authorities and groups of the society, xenophobia and racism. The increase of political parties with xenophobic programmes was worrying, as were the negative situations of migrants recorded in the arena of labour, education and housing. Legislation had been passed that restricted the basic rights of migrants. Globalization was based on the free market and should promote and not hinder the process of free movement. There were currently 120 million migrants, 40 per cent of whom had no papers. Latin America and the Caribbean region had a long experience of migration and respected their human rights as evident by the horizontal, regional and bilateral agreements on the issue. Protection and promotion of human rights of migrants was incompatible with a repressive view on migration. The 1999 Lima Declaration ensured respect for migrants and constituted a major concern for the countries in the region.
Family unification was of essential value, as some migrants could not have their families with them. This needed to be addressed. As for the legal rights of migrant in case of detention and arrest, they had the right to be informed about consultary assistance and the right to due legal process. This would help the situation of migrants all over the world. The structural vulnerability and the administrative and institutional obstacles preventing migrants from enjoying their basic human rights had to be removed. Venezuela encouraged initiatives for regional dialogue, the strengthening of international instruments and the training of migrant officials.
Speaking as Venezuela, the delegation stressed that the new constitution of Venezuela included the right to dual nationalities in view of linking citizens with other nations. The acquisition of visas and work permits was more flexible, and other countries were encouraged to follow suit. Responsibility should not only lie on the host country; all countries had responsibilities and this should be addressed through regional cooperation. Migrants should be dignified, not victimized. This was the right approach and should be shared by all as tools for cooperation for human rights, without ignoring the monitoring role of the Special Rapporteur. Venezuela had received various groups of internally displaced people in transit from Colombia and had attended to them. Despite the economic and social burden, all were given humanitarian assistance. The Government was facilitating the presence of UNCHR to deal with displaced people from Colombia.
GONZALO GUILLEN (Peru) said that the situation of internally displaced persons was difficult because they fell under the jurisdiction of the State in which they were displaced. It was estimated that between 20 to 25 million people in 40 countries in the world had been internally displaced. It was important to define principles in which the rights of those internally displaced person could be protected as in the case of refugees who were under the United Nations protection system. The lack of a defined international law had prevented the internally displaced persons from participating in the development programmes of their countries. Although States' sovereignty should be respected, humanitarian assistance could be provided to displaced persons. The humanitarian assistance should be channeled on the basis of the request by the affected State, and with full respect for its national unity and territorial integrity. Peru had the highest proportion of displaced people, including children and women. It was carrying out intensive and effective work to resolve the problems relating to internally displaced persons.
ALEJANDRO NEGRIN (Mexico) said that migrants constituted a vulnerable group which required permanent attention by the international community and the Commission. Special concern was expressed at the increase in discrimination, racism, xenophobia, and violence against migrants, on the one hand, and the increase in trafficking and illegal transport of migrants on the other. These aspects confirmed the structural condition of vulnerability of migrants. It was therefore imperative that the upcoming World Conference against Racism accord special priority to migrants. States were sovereign as far as their migration policies were concerned. However, they were obliged to guarantee to the individuals under their jurisdiction the basic human rights recognized in the Universal Declaration of Human Rights and the international instruments they had ratified.
LI BAODONG (China) said his country was a unified multi-ethnic State which followed a policy of treating all minorities as equals who enjoyed the full set of civil rights legally accorded to them. In the National People’s Congress, the minority percentage was always considerable. China had autonomous governing in areas of concentrated minorities. There were 120 autonomous areas where the minority leaders could implement resolutions adopted by the superior government organ. The autonomous regions also decided over educational, cultural, scientific, technological and economic questions. Judicial activities were undertaken both in Chinese and minority languages and every one could testify in their own language. There were 18 million Muslims and over 30,000 mosques.
The Chinese Government promoted economic development and social progress. In 1999 the Government had speeded up the development of the western part of China and people's enjoyment of rights there. All Governments were duty bound to promote the legal rights of minorities. Whilst seeking the best system these Governments should adhere to international standards. China did not agree with aggression by neighboring countries in the name of minority rights and the United States and Western Europe should not politicize minority rights, but should take a look at their own minority situations and not judge others. They should give up their arrogance and prejudice and resolve their own problems by taking practical measures to protect the rights of their minorities.
ALEXANDER GUSEV (the Russian Federation) said the Government had been implementing measures in order to counter extremism of any kind and in any form. The Government was however alarmed by the growing extremist attitude in countries neighboring Russia, particularly in the countries of the former Soviet Union. Frequent tragic incidents had been taking place involving people of Russian origin. In Latvia, persons of Russian origin had been prevented from obtaining the citizenship of the country they had lived in throughout their lives. If the Latvian legislation on citizenship was implemented, it would take 50 years to obtain citizenship by persons of Russian origin. The parliament had also rejected a draft law designed to allow persons of Russian origin to participate in local elections. Also in Estonia, the status of statelessness had been given to Russians who had lived there for 40 to 50 years. Their economic, social and cultural rights had not been respected by the authorities. Instead, the Russians were considered as second class citizens.
MOHAMED MAJDI (Morocco) said that the phenomenon of immigration had been born of the lack of manpower in Western Europe following the Second World War and had increased with the decolonization and economic growth. At the time, Western Europe had kept its doors wide open. As of the mid-70s however this policy had been officially stopped and numerous initiatives had been undertaken to encourage immigrants to return to their countries of origin. Immigrants had been suddenly blamed for all the evils of the society where they lived.
Some politicians had wasted no time in grasping this phantasm, sending ambiguous or clear-cut signals which had encouraged some groups to commit acts of aggression against the innocent. Such hateful acts of aggression had been on the increase. The perpetrators did not feel they were doing wrong. On the contrary, they were convinced that killing an immigrant or forcing him to leave the country was a lofty civil act. The authorities, especially at the local level, had often turned a blind eye to such acts. One isolated act by an immigrant unleashed attacks against a whole community, as had happened in several towns in the south of Spain, where mobs armed with iron bars had attacked Moroccan and African migrants for three consecutive days. Despite some measures taken by some countries, the situation of inequality before the law and denial of civil and political rights persisted and xenophobia, racism and discrimination were on the rise.
ROBERT FERRER (the Philippines) said there were an estimated six million Filipinos overseas in almost every country in the world. Many of them were subjected to human rights violations in the form of physical and sexual abuse, being forced to do work not stated in contracts, surrendering their passports, and being killed or prosecuted for religious beliefs. All States should ratify the International Convention on the Rights of Migrant Workers and Their Families. The first report on migrant workers was welcomed as the first and necessary step to identify migrants.
The issue of migration was a factor in the practice of trafficking of women and young boys. The solution would require an integrated approach at the national, sub-regional, regional and international levels. The Philippines was carrying out its mandate under the Migrant Worker and Filipinos Overseas Act of 1995. The protection of Filipinos overseas and the promotion of their rights and welfare continued to be one of the pillars of the Philippine foreign service. The Philippines had participated in the International Migration Policy and Law Course sponsored by the International Labour Organization, the United Nations Fund for Population Activities, the United Nations Institute for Training and Research and the International Organization of Migration, which had been held in Bangkok. The interests of the Philippines were pursued and embodied in the summary proceedings of that meeting. Fellow delegations should institute urgent means to strengthen the protection mechanisms accorded to their overseas workers.
ROBERT GRIBBEN (the United States), the US Special Envoy to Sudan, said there were upwards of four million internally displaced persons in Sudan, more than in any other country of the world. A full 40 per cent of those persons lived around Khartoum. While there had been a remarkable improvement in the camps there over the past four years, the number of displaced persons in the country continued to escalate. Adding to the numbers had been thousands of Nuers and Dinkas whom the Government had forcefully removed from a 50-kilometer area on either side of the pipeline that ran from southern Sudan to the Red Sea. The fate of those four million persons was a source of considerable concern to the United States, just as it was in the Congo, Kosovo, Indonesia and the Caucasus region of Russia.
The United States believed that the Commission should focus clearly on the human rights violations that had caused so much destruction and disruption within Sudan. The United States called upon the Government of Sudan to halt immediately and unconditionally all aerial bombardments in the south. As an initial and immediate step, Sudan was urged to suspend its bombing campaign during the Easter week celebration, when large crowds were expected to gather for religious observances. That would avoid a potentially significant loss of life and would demonstrate the Government's desire for peace.
A. GOPINATHAN (India) said that in the unfolding scenario of increasing pluralism in the world, there was a greater need today for tolerance and understanding on the part of all. There was a need for concerted action to promote a culture of tolerance, both nationally and internationally. This culture of tolerance was best promoted through dialogue, empathy and understanding. The recrudescence of various forms of exclusivism, bigotry, hatred and intolerance was particularly worrying, as were the extreme forms of aggressive nationalism and narrow chauvinism, along with the rise of so-called religious fundamentalism and extremism. These phenomena posed challenges that confronted nations in varying degrees in all parts of the world. They carried with them the danger of alienation and marginalization, leading to militancy, violence and even terror. The problem of internally displaced persons was also a global problem, affecting a large number of people, which was not properly addressed.
The Constitution of India not only guaranteed all citizens freedom of religion but also provided special safeguards for minority rights. The Constitution prohibited all forms of discrimination on grounds of religion, and guaranteed equality of opportunity to all in matters relating to employment or appointment to any office under the State. Regrettably, incidents involving violence against members of minority communities sometimes occurred. The Government had always condemned these incidents in the strongest terms.
Right of Reply
The representative of (Palestine), speaking in right of reply, said the Minister for Immigration Absorption of Israel had made a statement which concentrated on the Law of Return. This law benefited only people of Jewish origin. It was an ethnic law based solely on religion according to the first Zionist Conference in Basel. It also applied in the occupied territories which was against international law. These were lies and falsifications of the truth and the word of an aggressor. Each member of the Commission should read the Law of Return to fully see its discriminatory nature.
* *** *
56th session
13 April 2000
Morning
Hears Statements by Foreign Affairs Minister of Canada,
Israeli Minister for Immigrant Absorption
The Commission on Human Rights this morning began a debate on its agenda item on specific groups and individuals, focusing on migrant workers, minorities, mass exoduses and displaced persons, and other vulnerable groups and individuals.
The Commission was also addressed by the Foreign Minister of Canada and the Minister for Immigrant Absorption of Israel.
Lloyd Axworthy, Minister for Foreign Affairs of Canada, said that the Commission was scheduled to take action on the human rights situation in a number of countries. It was important that the international community be allowed to address human rights concerns wherever they occurred, particularly the Commission, which existed for the purpose of giving free and open voice to human rights concerns. The promotion of human rights, however, involved much more than public expressions of concern. It involved concrete measures to build sustainable human rights capacity.
Yael Tamir, Minister for Immigrant Absorption of Israel, on her part told the Commission that the Law of Return led Israel to offer support and asylum to individuals found in deep distress all over the world. Israel opened its doors to Jews and their kin regardless of their age, race or gender. It accepted with open arms individuals in poor health, illiterate individuals or those who endured economic hardship. Few countries were ready to offer not only a shelter, but also citizenship rights, including health services and economic benefits to individuals in such a distress.
Gabriela Rodriguez, the Special Rapporteur on migrant workers, said violations of the human rights of migrants occurred in many parts of the world. The protection of the human rights of migrants was the responsibility of States, civil society, international organizations and non-governmental organizations. The first step in preventing the violations of the human rights of migrants was to inform potential migrants of migration policies and their rights and duties.
Francis Deng, the Representative of the Secretary-General on Internally Displaced People, introduced his report and said that apart from physical insecurity and persecution, internally displaced people were often deprived of adequate shelter, food, safe water, medicine and education. Many Governments and non-State actors in conflict situations lacked either the capacity or the political will to protect or assist their internally displaced populations.
Introducing his report, the Special Rapporteur on Disability, Bengt Lindqvist, said variations in physical, mental and sensory functioning had always existed among human beings, and people with functional limitations had always run the risk of being excluded and marginalized. Throughout centuries, societies had been constructed and designed as if people with disabilities did not exist.
Over the course of the morning meeting, the representatives of the following countries participated in the debate: Pakistan, the United States, Cuba, Senegal, El Salvador, Venezuela (on behalf of the Group of Latin American and Caribbean States), Peru, Mexico, China, the Russian Federation, Morocco, Philippines, the United States (Special Envoy to Sudan) and India.
Palestine exercised its right of reply.
When the Commission reconvenes at 3 p.m., it will continue its debate on the subject of specific groups and individuals, with special focus on migrant workers, minorities, mass exoduses and displaced persons, and other vulnerable groups and individuals. At the beginning of the meeting, it is scheduled to take action on a draft resolution on the right to development. The Commission is scheduled to hold extended meetings until midnight.
Specific groups and individuals including migrant workers, minorities, mass exoduses and displaced persons, and other vulnerable groups and individuals
Under this agenda item, there is a report by the Secretary-General (E/CN.4/2000/80) and the United Nations Voluntary Trust Fund on Contemporary Forms of Slavery. The report includes notes on the mandate of the fund, beneficiaries, administration and board of trustees, the financial situation, fund-raising, needs assessment, how to contribute to the fund and additional information.
Addendum 1 (E/CN.4/2000/80/Add.1) consists of the recommendations adopted by the board of trustees of the United Nations Voluntary Trust Fund on Contemporary Forms of Slavery at its fifth session. The addendum examines the applications for new travel and project grants, the financial situation of the Fund and the implementation of its previous recommendations, approved in 1999.
There is a report (E/CN.4/2000/81) by the High Commissioner for Human Rights, submitted pursuant to Commission resolution 1998/49, on human rights and mass exoduses. The report states that the Commission's consideration of this issue is more relevant than ever. The awareness of the link between human rights violations and situations of mass exodus and displacement is now well-developed. The report highlights the need for focused attention to the measures required to prevent and redress the human rights violations causing and characterizing mass exoduses, as well as the undertaking of concrete action when such crises occur. Further development of the role of mechanisms of the Commission in addressing the issue, both in general and especially in specific situations, is critical.
There is a report (E/CN.4/2000/83) by the Representative of the Secretary-General on Displaced Persons, which concludes, among other things, that the international community must now devote its attention to ensuring that the Guiding Principles developed on displaced persons and mass exoduses are systematically applied; and that "the time has come to go beyond ad hoc responses and to agree on a clear legal and institutional framework for protecting internally displaced persons. Their precarious plight, as highlighted in the country situations in this report and in the unpredictability of national and international responses, underscores the urgency of translating the normative and institutional frameworks created thus far into actual protection on the ground".
An Addendum 1 to the report (E/CN.4/2000/83 Add.1) is a follow-up document on a mission to Colombia by the Secretary-General’s Representative which concludes, among other things, that while the Government has made progress in coping with problems of internal displacement, much remains to be done, and the problem "lies not so much in the design of laws or the selection of strategies... but in their implementation". There seems to be "insufficient will on the part of the Government to put its laws into practice," the Representative contends. He recommends an overall Government strategy to clarify the central role of the State in coping with internal displacements.
An Addendum 2 (E/CN.4/2000/83 Add.2) consists of a report of the Workshop on Implementing the Guiding Principles on Internal Displacement, held in Bogota, Colombia, from 27 to 29 May 1999. The Workshop urged the Government, among other things, to comply with the Guiding Principles and with international recommendations already made to deal with the situation and expressed concern, among other things, that forced displacement had become a military strategy deliberately used by armed actors to establish control over disputed territories.
There is a letter from the Permanent Mission of the Federal Republic of Yugoslavia to the Chairperson of the Commission (E/CN.4/2000/138) on "information on the humanitarian situation in the Federal Republic of Yugoslavia", which outlines Government efforts to deal with refugees; reviews expenses occurred to that end; claims that "due to non-implementation of the Dayton peace accords and the agreement on the normalization of relations between the Federal Republic of Yugoslavia and Croatia, by Croatia and Bosnia and Herzegovina, the number of refugees returning to those countries is negligible"; and charges that "a brutal aggression committed by NATO against our country allegedly to prevent a humanitarian disaster of the ethnic Albanians in Kosovo and Metohija, actually resulted in a humanitarian catastrophe of the Serbian, Montenegrin and other non-Albanian population".
There is a report by the Secretary-General on violence against women migrant workers (E/CN.4/2000/76). The report contains a summarized account of action taken by States, United Nations bodies, specialized agencies and intergovernmental organizations to address violence against women migrants. The report indicates, among other things, that although the Special Rapporteur on violence against women had insisted on the need to take measures to tackle the specific problems of this particular group of migrants, additional attention at the national and international level was required. Further, more extensive information and data was required on the situation of women migrant workers in order to identify concrete strategies.
Statements
GABRIELA RODRIGUEZ, Special Rapporteur on migrant workers, presenting her first provisional report to the Commission, said the first part outlined a plan of action for the three-year period of her mandate. The second part was devoted to an initial examination of international instruments available for the protection of the human rights of migrants. The third part examined the link between migration and the increase in racism, discrimination and intolerance, and a more detailed examination of the issues surrounding women migrants.
Violations of the human rights of migrants occurred in many parts of the world. The protection of the human rights of migrants was the responsibility of States, civil society, international organizations and non-governmental organizations. The first step in preventing the violations of the human rights of migrants was to inform potential migrants of migration policies and their rights and duties. Special attention had to be given to victims of trafficking in persons and transnational organized crime, asylum seekers and violence against women migrant workers. The situation of migrant women should be of particular concern as they were often exposed to sexual exploitation, violence and abuse and trafficking. These practices led to family disintegration and created situations where women and their children were highly vulnerable.
With regard to trafficking in persons, the Special Rapporteur indicated that she intended to encourage the introduction of legislation, which would penalize the practice, and would launch information campaign on the rights of victims. The Special Rapporteur also highlighted the importance of combating discrimination, xenophobia and intolerance and promoting respect for cultural diversity and solidarity.
FRANCIS DENG, Representative of the Secretary-General on Internally Displaced People, said he had tried to underscore the challenges that had to be met to develop an effective and comprehensive system of protection and assistance for internally displaced people. Apart from physical insecurity and persecution, internally displaced people were often deprived of adequate shelter, food, safe water, medicine and education. The causes of internal displacement, internal conflicts, gross violations of human rights, communal violence, and other human made and natural disasters were factors associated with an acute crises of national identity. Many Governments and non-State actors in conflict situations lacked either the capacity or the political will to protect or assist their internally displaced populations.
The State had to meet the minimum standards of protection and assistance for all under its jurisdiction. The most significant accomplishment of the mandate in this regard was the development, with the encouragement of the Commission and the General Assembly, of the Guiding Principles on Internal Displacement. Although not binding, these principles were based on existing norms of human rights and humanitarian law and had met with wide acceptance by the international community, particularly the Inter-Agency Standing Committee. The Security Council had also made reference to the principles and had begun to refer to the Guiding Principles when addressing specific situations of internal displacement, as in the case of Burundi. The principles had been noted with appreciation and interest in regional contexts also.
To assist international organizations and NGOs in applying the Guiding Principles, a handbook had been prepared as well as a Manual on Field Practice in Internal Displacement. While the international community had made appreciable progress in developing institutional responses to crises, the internally displaced remained in an anomalous situation. Mr. Deng said country missions provided the litmus test for the effectiveness of international collaboration in bringing needed protection and relief to the millions of those uprooted and dispossessed within the borders of their countries. So far 16 missions had been undertaken, however, unless they resulted in the improvement of conditions of the internally displaced, they could only raise hope which would degenerate into despair and the loss of faith in the United Nations and the international community.
LLOYD AXWORTHY, Minister for Foreign Affairs of Canada, said that as President of the Security Council for this month, Canada was trying to broaden the Council's approach to include the issue of human security perspective in both words and deeds. The protection of civilians was an explicit part of the mandates of the United Nations operations in Sierra Leone and East Timor, and child protection advisors and human rights units were now regular parts of peacekeeping missions. This week, the Security Council would examine the report into the actions of the United Nations during the 1994 genocide in Rwanda. The report would raise serious issues about the Council's action -- and inaction -- in the face of widespread human suffering, and it provided useful recommendations on how to avoid those tragedies in the future.
Canada strongly supported the announcement of the High Commissioner for Human Rights to send a human rights consultant to Sudan to assess the possibility of a human rights field office there. The continued serious violations of human rights and humanitarian law in the brutal armed conflict in Sudan was also on the Security Council's agenda. Earlier this week, the Commission had discussed the High Commissioner's report on her mission to Chechnya. Canada remained convinced that human security could not be restored in that troubled region without an open and inclusive investigation of all allegations from all sides. Canada would strongly support the establishment of an independent commission of inquiry and would emphasize the importance of the participation by international experts in its work.
Next week, the Commission would be taking action on the human rights situation in a number of countries, including Cuba, China, Iran, Iraq, Sierra Leone and Sudan. It was important that the international community be allowed to address human rights concerns wherever they occurred -- particularly the Commission, which existed for the purpose of giving free and open voice to human rights concerns. The promotion of human rights, however, involved much more than public expressions of concern. It involved concrete measures to build sustainable human rights capacity. Through its various agencies, Canada was taking steps to assist countries, such as Guatemala, Indonesia and South Africa, to build lasting human rights institutions.
Canada remained committed to the adoption of a strong and effective Declaration on the Rights of Indigenous People during the International Decade. In particular, it supported the creation of a permanent forum at the United Nations which would serve as an advisory body on indigenous issues. The Commission was urged to approve the resolution which was being prepared along the lines of the proposal developed in partnership with indigenous people.
YAEL TAMIR, Minister for Immigrant Absorption of Israel said his Government granted to those immigrants who entered Israel, according to the Law of Return, automatic citizenship. From the point of view of the Law of Return, all Jews were potential citizens. Upon arrival they were awarded citizenship, a full set of political and welfare rights and special services that met their needs such as Hebrew classes, financial assistance for the purpose of finding housing, professional training, as well as support in work placement.
The Law of Return led Israel to offer support and asylum to individuals found in deep distress all over the world. Due to the Law of Return, Israel had opened its doors to Jews and their kin regardless of their age, race or gender. It accepted with open arms individuals in poor health, illiterate individuals or those who had endured economic hardship. Few countries were ready to offer not only a shelter, but also citizenship rights, including health services and economic benefits to individuals in such a distress. The case of Ethiopian Jews exemplified the width of the entry door to Israel. Israel had absorbed over 74,000 Ethiopians and would absorb thousands more. Countries more affluent than Israel viewed the dire conditions in Africa in general and Ethiopia in particular yet did not offer those who suffered hunger and distress the right to immigrate and acquire citizenship. True, Israel did not make such offers on universal grounds, but it was more generous than others. The Law of Return thus encompassed not only a national vision but also a humanitarian one.
By giving priority to Jews and their kin, the Law of Return placed the Palestinian citizens of Israel in an inferior position. Such a policy was justified by two conditions: first that Israel would acknowledge the right of the Palestinians, in their State, whenever it would be founded, to enact a similar Law of Return. Second that apart from the Law of Return, Israel would treat all its citizens equally. While introducing the Law of Return in the Israeli Parliament, Ben Gurion stated that "In the State of Israel Jews shall not be privileged over non-Jews, all citizens will enjoy equal rights and be burdened with equal responsibilities. This goal had yet to be achieved. This would be one of Israel's major moral tests. The Middle East was not yet ready to transcend the age of nation-states, the least one could aspire to was therefore that these States would live in peace with each other and would respect the rights of all their citizens.
BENGT LINDQVIST, Special Rapporteur on Disability, said variations in physical, mental and sensory functioning had always existed among human beings, and people with functional limitations had always run the risk of being excluded and marginalized. Throughout centuries, societies had been constructed and designed as if people with disabilities did not exist.
In his mandate, Mr. Lindqvist would work on the establishment of a permanent monitoring mechanism, address the gaps and shortcomings of the present texts, and present a proposal on how to involve UN agencies in the further implementation of the Standard Rules. A great step was taken two years ago in human rights when the Commission had adopted resolution 1998/31 where all State parties were invited to open up to the inclusion of the disability dimension in the human rights monitoring process. This was only the beginning. How should one proceed and ensure that the issues of importance were covered? Was it possible to effectively monitor the human rights within the present system? Should one strengthen and develop the tools? Should this be done through the development of guidelines or an Additional or Optional Protocol?
Was the answer that a Special Convention on persons with disabilities be established, as had been suggested by China. Another aspect was the strengthening of the administrative system. This could be done through the appointment of an Ombudsman or a Special Rapporteur to assist in the monitoring of the rights of disabled persons. The excellent initiative of two years ago had brought the Commission to the crossroads, Convention or no Convention. It was necessary to engage in further analysis before taking such decisions on the possibilities. The Commission was a perfect forum for this analysis. Working Groups on disabilities could be established to this end and international conferences could be held where a special dialogue on the subject could take place and people could learn from each other.
DERICK CYPRIAN (Pakistan) said that in Pakistan, all churches comprising of Roman Catholic, Protestant, Lutheran and Anglican denominations were functioning freely. Hinduism, Yoroastrianism and Sikh religions were being practiced openly. Missionary activities were allowed. Only recently all schools belonging to Christian missions had been de-nationalized and were being handed over to their original missionary functionaries. Similarly, freedom of speech and religious publication including running of religious educational institutions were allowed without fear of interference. Inter-faith understanding and communal harmony and eradication of all kinds of discrimination was being given top priority by the present Government.
There was not discrimination of admission to schools funded by public money and all minorities were free to operate and maintain their places of worship and their respective educational institutions. Most of the Sikh holy shrines were situated in Pakistan and they were being maintained to facilitate the Sikh minority, not only locally but also for pilgrimages coming from India and other countries of the world. The Sikh minority community had on various occasions publicly expressed their sense of gratitude for the care taken by the Government of Pakistan for maintaining their places of worship. The law on blasphemy was maintained to protect the religious and sectarian harmony by including and inculcating self-respect among the followers of different faiths so that they might not commit sacrilege against each others prophets.
NANCY RUBIN (the United States) said that all human beings were born free and equal in dignity and rights, yet every one struggled with their prejudices, misconceptions and good intentions. We confined those we did not understand behind walls - of institutions and of silence - rather than accept their differences. All human beings were born free and equal in dignity and rights, yet every day, gays and lesbians around the world faced discrimination, persecution and even death. Nothing in international law could justify the persecution of individuals on the basis of sexual orientation.
Many other groups demanded that dignity play a role in the promotion and protection of human rights. They included elderly citizens, cast off the forgotten; children sold into debt bondage or sexual slavery; individuals overcoming physical disabilities; and women coping with domestic violence. Perhaps the most overlooked and vulnerable of these were individuals with mental disabilities, including the mentally ill. In too many countries, Governments failed to distinguish between the mentally ill and the mentally retarded - two groups with distinctly different problems and needs. Further, in far too many countries patients in psychiatric hospitals must contend with extremely poor, unsanitary and inhumane living conditions.
JORGE FERRER RODRIGUEZ (Cuba) regretted that 10 years after the adoption by the General Assembly of the International Convention on the Protection of the Rights of Migrant Workers and their Families, it had not entered into force. Only twelve nations had ratified it and amongst them, there were no developed countries. There had been a transformation of xenophobic discourse into official language particularly in the United States. This needed to be addressed with urgency. The immigrants crossing the borders to the United States were exposed to mortal dangers. In January alone, 63 people died as the immigration service used more armed officials than any other federal agency. An estimated 50,000 women and children had been trafficked to the United States for the purpose of prostitution and exploitation. This had not received adequate attention.
The US 1966 Law of Cuban Adjustment was to blame for the many incidents of death as under this law, any Cuban arriving on US territory could obtain legal residence and a work permit. This constituted a clear discrimination against other countries. Acts of this kind would lead to further loss of human lives and international solidarity was needed to end this abominable law immediately and to punish those who smuggled Cuban citizens. The problem of minorities was a matter of concern, particularly in the Czech Republic. The Czech Republic was experiencing a trend leading toward apartheid regarding the Roma people who were continually subjected to discrimination, unemployment and inadequate education for their children. Skinheads attacked Roma families in their own homes without impunity. Both the rights of migrants and minorities needed international instruments and political will to ensure that societies treated every one equally.
MAMADOU LOUM (Senegal) said that despite a number of international laws and conventions, the respect for the rights of migrants was far from a reality. That was why Senegal, a country of immigrants and migrants, called upon States to ratify, as early as possible, the 1990 International Convention on the Protection of the Rights of Migrant Workers and their Families. Ratification would allow it to enter into force and its effective implementation would enable States to respect the rights of that category of persons who were particularly vulnerable. The growing feminization of the work of migrants, the trafficking in human beings, prostitution and the criminality to which migrants were more and more exposed, needed the adoption of concerted and concrete action by the international community.
The difficulty to find a content which would be globally acceptable to the concept of migrants, xenophobia and the rejection of others, which was deeply anchored in certain societies, should not annihilate the inalienable rights of all human beings, national or non-nationals, to co-exist peacefully. Senegal recognized the right of each State to define its policy on immigration but it was time to endeavour for an approach which was more humane by ending the marginalization, social exclusion and the extreme forms of treatment which victimized migrants.
CARLOS GARCIA GONZALEZ (El Salvador) said that the Government of El Salvador attached great importance to the question of migrants, which was covered in the Government's New Alliance programme for the 1999-2004 period. The programme placed emphasis on the need to promote the rights of migrants and their families in accordance with national legislation, relevant international conventions and UN resolutions. In this respect, a review of a draft law on migration was being conducted with a view to modernizing national legislation and incorporating in one instrument issues relating to migrants. In particular, the draft law considered classifying all foreigners who came into the country so as to address their needs and requirements.
The Government had also undertaken steps which would allow the prompt ratification of the International Convention on the Protection of the Rights of All Migrant Workers and Their Families. El Salvador had also hosted a seminar on migrant women on 24 and 25 February, the principle purpose of which was to discuss proposals for a regional study on migrant women and children in central America and to identify actions in favour of them. Currently, the creation of an ombudsman for migrants was under consideration. The Government firmly believed that the international community and the Commission could play an important role in the protection and promotion of the human rights of migrants and their families.
VICTOR RODRIGUEZ CEDENO (Venezuela) said, on behalf of the Group of Latin American and Caribbean States, that the protection and promotion of human rights of migrants deserved special attention. Migratory flows had contributed to the history, culture and society of several countries. Yet migrants were faced with traffickers, abuses by authorities and groups of the society, xenophobia and racism. The increase of political parties with xenophobic programmes was worrying, as were the negative situations of migrants recorded in the arena of labour, education and housing. Legislation had been passed that restricted the basic rights of migrants. Globalization was based on the free market and should promote and not hinder the process of free movement. There were currently 120 million migrants, 40 per cent of whom had no papers. Latin America and the Caribbean region had a long experience of migration and respected their human rights as evident by the horizontal, regional and bilateral agreements on the issue. Protection and promotion of human rights of migrants was incompatible with a repressive view on migration. The 1999 Lima Declaration ensured respect for migrants and constituted a major concern for the countries in the region.
Family unification was of essential value, as some migrants could not have their families with them. This needed to be addressed. As for the legal rights of migrant in case of detention and arrest, they had the right to be informed about consultary assistance and the right to due legal process. This would help the situation of migrants all over the world. The structural vulnerability and the administrative and institutional obstacles preventing migrants from enjoying their basic human rights had to be removed. Venezuela encouraged initiatives for regional dialogue, the strengthening of international instruments and the training of migrant officials.
Speaking as Venezuela, the delegation stressed that the new constitution of Venezuela included the right to dual nationalities in view of linking citizens with other nations. The acquisition of visas and work permits was more flexible, and other countries were encouraged to follow suit. Responsibility should not only lie on the host country; all countries had responsibilities and this should be addressed through regional cooperation. Migrants should be dignified, not victimized. This was the right approach and should be shared by all as tools for cooperation for human rights, without ignoring the monitoring role of the Special Rapporteur. Venezuela had received various groups of internally displaced people in transit from Colombia and had attended to them. Despite the economic and social burden, all were given humanitarian assistance. The Government was facilitating the presence of UNCHR to deal with displaced people from Colombia.
GONZALO GUILLEN (Peru) said that the situation of internally displaced persons was difficult because they fell under the jurisdiction of the State in which they were displaced. It was estimated that between 20 to 25 million people in 40 countries in the world had been internally displaced. It was important to define principles in which the rights of those internally displaced person could be protected as in the case of refugees who were under the United Nations protection system. The lack of a defined international law had prevented the internally displaced persons from participating in the development programmes of their countries. Although States' sovereignty should be respected, humanitarian assistance could be provided to displaced persons. The humanitarian assistance should be channeled on the basis of the request by the affected State, and with full respect for its national unity and territorial integrity. Peru had the highest proportion of displaced people, including children and women. It was carrying out intensive and effective work to resolve the problems relating to internally displaced persons.
ALEJANDRO NEGRIN (Mexico) said that migrants constituted a vulnerable group which required permanent attention by the international community and the Commission. Special concern was expressed at the increase in discrimination, racism, xenophobia, and violence against migrants, on the one hand, and the increase in trafficking and illegal transport of migrants on the other. These aspects confirmed the structural condition of vulnerability of migrants. It was therefore imperative that the upcoming World Conference against Racism accord special priority to migrants. States were sovereign as far as their migration policies were concerned. However, they were obliged to guarantee to the individuals under their jurisdiction the basic human rights recognized in the Universal Declaration of Human Rights and the international instruments they had ratified.
LI BAODONG (China) said his country was a unified multi-ethnic State which followed a policy of treating all minorities as equals who enjoyed the full set of civil rights legally accorded to them. In the National People’s Congress, the minority percentage was always considerable. China had autonomous governing in areas of concentrated minorities. There were 120 autonomous areas where the minority leaders could implement resolutions adopted by the superior government organ. The autonomous regions also decided over educational, cultural, scientific, technological and economic questions. Judicial activities were undertaken both in Chinese and minority languages and every one could testify in their own language. There were 18 million Muslims and over 30,000 mosques.
The Chinese Government promoted economic development and social progress. In 1999 the Government had speeded up the development of the western part of China and people's enjoyment of rights there. All Governments were duty bound to promote the legal rights of minorities. Whilst seeking the best system these Governments should adhere to international standards. China did not agree with aggression by neighboring countries in the name of minority rights and the United States and Western Europe should not politicize minority rights, but should take a look at their own minority situations and not judge others. They should give up their arrogance and prejudice and resolve their own problems by taking practical measures to protect the rights of their minorities.
ALEXANDER GUSEV (the Russian Federation) said the Government had been implementing measures in order to counter extremism of any kind and in any form. The Government was however alarmed by the growing extremist attitude in countries neighboring Russia, particularly in the countries of the former Soviet Union. Frequent tragic incidents had been taking place involving people of Russian origin. In Latvia, persons of Russian origin had been prevented from obtaining the citizenship of the country they had lived in throughout their lives. If the Latvian legislation on citizenship was implemented, it would take 50 years to obtain citizenship by persons of Russian origin. The parliament had also rejected a draft law designed to allow persons of Russian origin to participate in local elections. Also in Estonia, the status of statelessness had been given to Russians who had lived there for 40 to 50 years. Their economic, social and cultural rights had not been respected by the authorities. Instead, the Russians were considered as second class citizens.
MOHAMED MAJDI (Morocco) said that the phenomenon of immigration had been born of the lack of manpower in Western Europe following the Second World War and had increased with the decolonization and economic growth. At the time, Western Europe had kept its doors wide open. As of the mid-70s however this policy had been officially stopped and numerous initiatives had been undertaken to encourage immigrants to return to their countries of origin. Immigrants had been suddenly blamed for all the evils of the society where they lived.
Some politicians had wasted no time in grasping this phantasm, sending ambiguous or clear-cut signals which had encouraged some groups to commit acts of aggression against the innocent. Such hateful acts of aggression had been on the increase. The perpetrators did not feel they were doing wrong. On the contrary, they were convinced that killing an immigrant or forcing him to leave the country was a lofty civil act. The authorities, especially at the local level, had often turned a blind eye to such acts. One isolated act by an immigrant unleashed attacks against a whole community, as had happened in several towns in the south of Spain, where mobs armed with iron bars had attacked Moroccan and African migrants for three consecutive days. Despite some measures taken by some countries, the situation of inequality before the law and denial of civil and political rights persisted and xenophobia, racism and discrimination were on the rise.
ROBERT FERRER (the Philippines) said there were an estimated six million Filipinos overseas in almost every country in the world. Many of them were subjected to human rights violations in the form of physical and sexual abuse, being forced to do work not stated in contracts, surrendering their passports, and being killed or prosecuted for religious beliefs. All States should ratify the International Convention on the Rights of Migrant Workers and Their Families. The first report on migrant workers was welcomed as the first and necessary step to identify migrants.
The issue of migration was a factor in the practice of trafficking of women and young boys. The solution would require an integrated approach at the national, sub-regional, regional and international levels. The Philippines was carrying out its mandate under the Migrant Worker and Filipinos Overseas Act of 1995. The protection of Filipinos overseas and the promotion of their rights and welfare continued to be one of the pillars of the Philippine foreign service. The Philippines had participated in the International Migration Policy and Law Course sponsored by the International Labour Organization, the United Nations Fund for Population Activities, the United Nations Institute for Training and Research and the International Organization of Migration, which had been held in Bangkok. The interests of the Philippines were pursued and embodied in the summary proceedings of that meeting. Fellow delegations should institute urgent means to strengthen the protection mechanisms accorded to their overseas workers.
ROBERT GRIBBEN (the United States), the US Special Envoy to Sudan, said there were upwards of four million internally displaced persons in Sudan, more than in any other country of the world. A full 40 per cent of those persons lived around Khartoum. While there had been a remarkable improvement in the camps there over the past four years, the number of displaced persons in the country continued to escalate. Adding to the numbers had been thousands of Nuers and Dinkas whom the Government had forcefully removed from a 50-kilometer area on either side of the pipeline that ran from southern Sudan to the Red Sea. The fate of those four million persons was a source of considerable concern to the United States, just as it was in the Congo, Kosovo, Indonesia and the Caucasus region of Russia.
The United States believed that the Commission should focus clearly on the human rights violations that had caused so much destruction and disruption within Sudan. The United States called upon the Government of Sudan to halt immediately and unconditionally all aerial bombardments in the south. As an initial and immediate step, Sudan was urged to suspend its bombing campaign during the Easter week celebration, when large crowds were expected to gather for religious observances. That would avoid a potentially significant loss of life and would demonstrate the Government's desire for peace.
A. GOPINATHAN (India) said that in the unfolding scenario of increasing pluralism in the world, there was a greater need today for tolerance and understanding on the part of all. There was a need for concerted action to promote a culture of tolerance, both nationally and internationally. This culture of tolerance was best promoted through dialogue, empathy and understanding. The recrudescence of various forms of exclusivism, bigotry, hatred and intolerance was particularly worrying, as were the extreme forms of aggressive nationalism and narrow chauvinism, along with the rise of so-called religious fundamentalism and extremism. These phenomena posed challenges that confronted nations in varying degrees in all parts of the world. They carried with them the danger of alienation and marginalization, leading to militancy, violence and even terror. The problem of internally displaced persons was also a global problem, affecting a large number of people, which was not properly addressed.
The Constitution of India not only guaranteed all citizens freedom of religion but also provided special safeguards for minority rights. The Constitution prohibited all forms of discrimination on grounds of religion, and guaranteed equality of opportunity to all in matters relating to employment or appointment to any office under the State. Regrettably, incidents involving violence against members of minority communities sometimes occurred. The Government had always condemned these incidents in the strongest terms.
Right of Reply
The representative of (Palestine), speaking in right of reply, said the Minister for Immigration Absorption of Israel had made a statement which concentrated on the Law of Return. This law benefited only people of Jewish origin. It was an ethnic law based solely on religion according to the first Zionist Conference in Basel. It also applied in the occupied territories which was against international law. These were lies and falsifications of the truth and the word of an aggressor. Each member of the Commission should read the Law of Return to fully see its discriminatory nature.
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