HIGH COMMISSIONER PRESENTS REPORT ON HUMAN RIGHTS SITUATION IN COLOMBIA; URGES END TO PARAMILITARY LINKS

Commission on Human Rights
59th session
4 April 2003
Afternoon



Commission on Human Rights Continues Review
of Economic, Social and Cultural Rights



High Commissioner for Human Rights Sergio Vieira de Mello presented a report this afternoon on the situation in Colombia, saying that while some progress had been made by the Government, particularly in the adoption of international human rights instruments, the continuing internal conflict in the country, with its mix of paramilitary, rebel and Government combatants, was a matter of deep concern.
The extreme deterioration of the conflict, with unacceptable methods of combat used by the illegal armed groups, namely the paramilitaries and guerrillas, had increased the challenges that the Colombian Government faced in this critical situation, the High Commissioner reported. The atrocities committed by the armed groups, including an increase in acts of terrorism, put the civilian population in an extremely vulnerable position and worsened the conditions of survival and security for civilians.
The High Commissioner said the existence of links between public servants and illegal armed groups must not be allowed, nor could impunity be allowed, as it generated a weakening of judicial guarantees, as well as of the independence and autonomy of the administration of justice
Responding to the report, a Representative of Colombia said among other things that although attempts to achieve a negotiated solution to armed conflict had thus far failed, this had not reduced the political will of the State to find such a solution. Among other sources of cooperation, the mediating influence of the United Nations, the Catholic Church and friendly countries had been sought. In the face of increased terrorism and other attacks against democratic institutions, a democratic security policy had been established, which had the support of both the Colombian people and the Colombian Supreme Court, the Representative said.
A series of countries and non-governmental organizations (NGOs) delivered statements. The NGO Human Rights Watch contended that while Colombia had made limited progress, fundamental problems remained, among them persistent links between units within the armed forces and illegal paramilitary groups that were responsible for most of the violations of the human rights of civilians. Human Rights Watch continued to receive numerous and credible reports of joint military-paramilitary operations, the organization's spokesman said.
Representatives of the International Confederation of Free Trade Unions and the World Federation of Trade Unions decried what they said were continued killings of trade unionists and their leaders, while several national representatives and NGOs said the overall situation had deteriorated in the past year and civilians were increasingly subject not only to deadly violence but to forced displacements under pressure applied by guerrillas and paramilitaries.
The Commission also carried on this afternoon with its debate of economic, social and cultural rights. Miloon Kothari, Special Rapporteur on adequate housing, said he had highlighted four emerging issues in his report: the right to water and the issue of sanitation; processes of globalization and their impact on the realization on the right to adequate housing; the need for human rights-based approaches to monitoring the Millennium Development Goals; and the right of persons with disabilities to adequate housing.
In addition, there was a guest address by Abdelfattah Amor, Chairperson of the Human Rights Committee, who said that to date 150 States had ratified the International Covenant on Civil and Political Rights and 104 had adopted its Optional Protocol, and that the Committee's consideration of numerous individual complaints under the Protocol allowed it to provide justice for numerous victims of human rights violations, in the form of suspension of death penalties, modification of legislation and administrative practices, or financial compensation.
And the Commission's agenda item on civil and political rights was opened briefly to allow introduction of a report by Ambeyi Ligabo, Special Rapporteur on freedom of opinion and expression. Mr. Ligabo said, among other things, that the right to freedom of opinion and expression was a clear indicator of the level of protection and respect for all other human rights in a given society, that it helped promote and strengthen democratic systems, and that it had widespread benefits in other areas, such as in the effectiveness of education and information campaigns on HIV/AIDS prevention
Among those addressing the afternoon meeting were Representatives of Mexico, Israel, Palestine, Romania, Greece (on behalf of the European Union), Canada, the United States, Norway, Bahrain, Costa Rica (on behalf of the Group of Latin American and Caribbean Countries), Ukraine, Argentina, Peru, the Netherlands qnd the following NGOs also made statements, Franciscans International (speaking on behalf of Dominicans for Justice and Peace); Colombian Commission of Jurists (speaking on behalf of International Commission of Jurists, International Service for Human Rights and International Federation of Human Rights Leagues); International Confederation of Free Trade Unions (speaking on behalf of Public Services International); World Organization Against Torture (speaking on behalf of Agir Ensemble pour les droits de l'homme); Amnesty International; World Federation of Trade Unions; Human Rights Watch; International League for the Rights and Liberation of Peoples; Latin American Federation of Associations of Relatives of Disappeared Detainees; American Association of Jurists; and Canadian Council of Churches. Colombia spoke following statements by NGOs.
The Commission will reconvene at 9 a.m. Monday, 7 April, for an extended meeting scheduled to conclude at 6 p.m. with a one-hour break at 1 p.m. The Commission will continue its discussion of economic, social and cultural rights.

Response of Concerned Country to Report on Illicit Movement and Dumping of Toxic Wastes
MALIK M. HASAN (United States), speaking as a concerned country, said that as had been noted by the Special Rapporteur, the United States, at the federal and state levels, had fully cooperated with the Special Rapporteur on the illicit movement and dumping of toxic wastes, and had facilitated her efforts to study this important issue. The United States remained concerned that in a number of instances, unverified allegations were reported and often treated as fact in her report. The Special Rapporteur had made a variety of recommendations and the United States noted that it was currently taking action in some of these areas, such as its efforts to seek ratification of the Basel Convention. In other areas, the United States disagreed with the assumptions underlying some of the Special Rapporteur's treatment of these complex issues, and her resulting recommendations. The Special Rapporteur noted that the United States had indicated its intention to seek ratification of the Basel Convention, but within the BAN Agreement, and that NGOs considered that this did more to legitimize international waste dumping than it did to prevent it. The United States disagreed strongly with this characterization, and noted that the BAN Amendment would provide it with the ability and responsibility to better regulate exports of hazardous waste. It would not legitimize international waste dumping.
Despite comments submitted by the United States, the report continued in portions to wrongly characterize issues relating to maquiladoras. The recommendation that the United States increase its efforts to coordinate institutional action to ensure that exports were sent to the proper destination for the designated purpose was being actively pursued by the newly created Hazardous American Commission for Environmental Cooperation. The United States appreciated the Special Rapporteur's efforts to address the important and complex issues concerning US laws and policies. As noted, however, the United States disagreed in some important respects with the Special Rapporteur's discussion of these issues. The regulation of toxic wastes was an area which required the balancing of several important interests and the complex policy interests underlying United States law and practice in this area must not be oversimplified.

Interactive Dialogue on Illicit Movement and Dumping of Toxic Wastes
A question-and-answer session followed introduction at the morning meeting of a report of Fatma Zohra Ouhachi Vesely, Special Rapporteur on the illicit transfer and dumping of hazardous products and wastes.
A Representative of Algeria said it was a good thing to transfer technology to the developing countries and to reduce flows of toxic waste and dangerous materials. The effort to fight such phenomena should include the adoption of national legislation which would prohibit the export and import of such materials, in accordance with the Basel Convention.
A Representative of Peru said the Government was preparing a report on the issue and it would be submitted very soon.
The Special Rapporteur said that she had taken note of the recommendations made by the Canadian delegation. The comments were constructive. She said she had received full cooperation from the United States authorities and non-governmental organizations in the country. Development of national legislation was necessary to fight against toxic waste, as had been mentioned by the Algerian delegation.

Introduction of Report on Adequate Housing
MILOON KOTHARI, Special Rapporteur on adequate housing, said he had followed a holistic approach based on the reality that all human rights were interrelated and indivisible. The right to adequate housing could not be fully realized if separated from other rights such as the rights to food, water, sanitation, electricity, health, work, property, security of home, and protecting against inhumane and degrading treatment. This had required him to examine a range of issues related to adequate housing, including land, forced evictions, access to water and sanitation, health, poverty and the impact of globalization. His particular focus had been to develop a strong gender perspective, consistent with the right to non-discrimination, and to place emphasis on the rights of particular groups, such as children, indigenous people and minorities. He had focused on the progress that had been made at international and national levels, and on the work of the United Nations and civil society. In his report he had highlighted four emerging issues: the right to water and the issue of sanitation; processes of globalization and impact of the realisation on the right to adequate housing; the need for human rights-based approaches to monitoring the Millennium Development Goals; and the right of persons with disabilities to adequate housing.
The Special Rapporteur referred to the country missions, which had been an important part of his mandate, to Romania, Mexico, as well as a visit to the occupied Palestinian territories. He also flagged some areas which he would like to focus on in the coming year. First, there must be a continued focus on the issue of women and adequate housing. Second, he would continue his efforts to bring the issue of adequate housing to the attention of the follow-up processes of relevant United Nations conferences and summits such as the World Summit on Sustainable Development. Third, he would attempt to further elaborate on the non-discrimination framework on housing, and to suggest ways to operationalize this framework. Fourth, he would expand his focus on vulnerable groups and to specifically address the rights of children and persons with disabilities to adequate housing, Finally, he looked forward to contributing to the Commission working group on the draft optional protocol to the Covenant on Economic, Social and Cultural Rights. He urged the Commission to ensure that the agenda of the working group included expressed consideration of the draft protocol before the Commission since 1997.

Responses of Concerned Countries to Report on Adequate Housing
ROBERTO DE LEON (Mexico) said his delegation welcomed the report of the Special Rapporteur on adequate housing and would continue to cooperate with him. It was the first time that a mechanism for promoting economic, social and cultural rights had visited the country. Mexico had set up, in cooperation with civil society, an independent housing policy to develop housing structures in the country. The National Commission for the Promotion of Housing had been endeavouring to promote housing facilities and recreational centres. It had centred its activities in the most populous areas.
The National Commission had further made available a credit system to allow individuals to benefit from long-term loans for the construction of houses. Mexico's President had also been devoted to the promotion of housing in the country with the building of a significant number of housing units each year. The Government of Mexico would continue to cooperate with the Special Rapporteur.
TUVIA ISRAELI (Israel) said Israel had been informed about the draft report of the Special Rapporteur on adequate housing that was now before the Commission. The report was based on a visit to Israel that the Special Rapporteur had made in a private capacity. The Special Rapporteur had clearly indicated that his visit to Israel was to attend a conference at the Ben Gurion University. His visit had never been endorsed by the Secretariat or the Office of the High Commissioner as an official visit. Yet the data compiled was now part of an official United Nations report. Israel was deeply disturbed by this behaviour. The Special Rapporteurs conduct was unacceptable and raised serious legal and ethical issues. The discussion of this report was therefore both inappropriate and unethical, and no other member or observer of the Commission would accept must accept such behaviour on the part of Special Rapporteurs.
NABIL RAMLAWI (Palestine) said the policy of house demolitions had been pursued by Israel for a long time. One could imagine how many Palestinian houses had been demolished during all those years. Israel was doing it to consolidate its occupation of the Palestinian territories. Buildings were at times destroyed with the pretext that they had been built without permission. Some Palestinians did, however, obtain permits to build houses, but the Israeli authorities destroyed the dwellings anyway. In addition, Palestinian houses were destroyed by bombs dropped from helicopters. Israeli forces shelled houses on purpose. The other Israeli policy involved the demolition of houses under the pretext that they belonged to Palestinians activists.
When Israel destroyed Palestinian houses, it would give way and space to the Israel settlers coming from all over the world. The crime was related to Israeli practices that had started in 1948.
PETRU DUMITRIU (Romania) said the Romanian Government and local authorities were fully engaged in the follow-up to the recommendations the Special Rapporteur on adequate housing had made during this mission to Romania. The poor housing conditions of some Roma families in Piatra Neamt had been brought to the attention of the Special Rapporteur. The families lived in poor conditions, which required urgent intervention by the municipality. A solution was found by turning an old agricultural farm complex into a modern residential area. Funding was provided from the local budget to rehabilitate the existing buildings and to subsidize the housing expenses of the residents. The apartments were equipped with all facilities and would host poor families in an integrated and non-discriminatory manner. The National Housing Agency would expand the project to other 15 agricultural farms to be converted into social housing.

Interactive Dialogue on Adequate Housing
A Representative of the Syrian Arab Republic said Israel had been violating the right to housing of thousands of Palestinians by demolishing their houses. He asked if there was any international legal order that might obligate Israel to rebuild the houses it had demolished or to pay compensation.
A Representative of Greece, speaking on behalf of the European Union, asked how the Special Rapporteur intended to focus his work on the right of disabled persons to adequate housing. He also asked about the Rapporteur's efforts at implementation of the Millennium Development Goal number 7 at the national level.
A Representative of Cuba asked about the impact of the current economic and debt situations against the rights to adequate housing.
Responding, the Special Rapporteur, Mr. Kothari, thanked the Government of Mexico for its positive attitude and cooperation. The Mexican Government had taken a positive step in providing land to squatters instead of evicting them forcefully.
The National Strategy Policy on Roma adopted by the Government of Romania was a good thing; and it was expected that it would reduce the practice of discrimination against Roma, the Special Rapporteur said.
With regard to the question raised by European Union, Mr. Kothari said that with a better focus on the rights of disabled persons, things might change concerning them. Adequate housing facilities should be accessible to disabled persons. He also was giving special focus at the national level the issue of the Millennium Development Goals. In order to highlight the rights of women to adequate housing, he was working closely with other UN bodies and organizations, including the Committee on the Elimination of Discrimination against Women.

Presentation of Report of High Commission for Human Rights on Situation in Colombia
SERGIO VIEIRA DE MELLO, United Nations High Commissioner for Human Rights, introducing to the Commission his report on the human rights situation in Colombia, said a number of positive measures had been adopted by the Colombian State concerning the ratification of international agreements and the internal application of some of them. Among those measures were the ratification of the Rome Statute of the International Criminal Court and the adoption of standards for the enforcement of the Ottawa Convention regarding antipersonnel mines and of the Convention relating to human trafficking.
The High Commissioner said that despite these very important measures, the gravity of the humanitarian and human rights situation in Colombia was a matter of deep concern. The extreme deterioration of the armed conflict with unacceptable methods of combat used by the illegal armed groups, namely the paramilitaries and guerrillas, had increased the challenges that the Colombian Government faced in this critical situation. The atrocities committed by these armed groups, including an increase in acts of terrorism, in particular by the FARC-EP, put the civilian population in an extremely vulnerable position and worsened the conditions of survival and security for civilians.
The High Commissioner said the existence of links between public servants and illegal armed groups must not be allowed, nor could impunity be allowed as it generated a weakening of judicial guarantees, as well as of the independence and autonomy of the administration of justice. It was fundamental that necessary policies and measures adopted by the Colombian State, including those relating to security, were compatible with international standards and principles which guaranteed the defense and protection of human rights. On the other hand, strengthening of the civil institutions which had key functions for the defense and protection of human rights constituted the fundamental principle for the strengthening the rule of law.

Responses to Report on Situation in Colombia
CARLOS FRANCO (Colombia) said the Colombian Government had studied the recommendations of the High Commissioner's report and had adopted a plan to implement most of them. Goals and indicators had been prepared and the Government had set up mechanisms for direct dialogue with the Office of the High Commissioner. Among others, the goals outlined in the national plan of action included the prevention of violations of human rights, protection of vulnerable persons and communities, efforts to combat impunity, the strengthening of territorial entities, a national plan of action against anti-personnel landmines, and the removal of children from armed groups. Although attempts to achieve a negotiated solution to armed conflict in the country had thus far failed, this had not reduced the political will of the State to find such a solution. Among other sources of cooperation, the mediating influence of the United Nations, the Catholic Church and friendly countries had been sought.
In the face of increased terrorism and other attacks against democratic institutions, a democratic security policy had been established, which had the support of both the Colombian people and the Colombian Supreme Court. The Government was aware that security could not be obtained at the cost of legitimacy. During the first six months of its rule, there had been significant decreases in violations of, among others, the rights to life and freedom of movement. The Government would continue to work to break social acceptance of armed rebel groups. The Government was counting on the understanding and support of the international community in its efforts to strengthen the promotion and protection of human rights in Colombia.
TASSOS KRIEKOUKIS (Greece), speaking on behalf of the European Union, acceding and associated countries, said that the European Union urged the Government of Colombia to comply fully with the recommendations contained in the report and with those adopted by the Commission. The Union and the Government of Colombia were engaged in close consultations with the aim of agreeing on the text of a Chairperson's statement on the situation of human rights in Colombia. The Union fully supported democracy in Colombia and the efforts of the Government to meet the substantial political, economic and social challenges that the country was facing, including the fight against terrorism and drug trafficking, and to establish the rule of law throughout the country.
The Union remained seriously concerned at the grave and persistent violations of human rights and breaches of international humanitarian law that continued to take place in Colombia. The Union strongly condemned all breaches of international humanitarian law and acts of terrorism committed by guerrilla and paramilitary groups and recalled that the deliberate targeting of the civilian population was a violation of humanitarian law. It was concerned at continued reports of human rights violations attributed to the armed and security forces. It remained seriously concerned at the persistence of impunity in Colombia, especially with regard to violations and abuses of human rights and international humanitarian law. The Union urged the Attorney General to secure and strengthen the independence of the human rights and international law unit at his office. The Union was further seriously concerned at the worrying increase in attacks against the integrity and safety of human rights defenders, among others.
CHRISTOPHER WESTDAL (Canada) said Canada remained concerned by increasing violations of human rights and international and humanitarian law, the continued targeting of human rights defenders, trade union leaders, the leaders of women’s groups and members of indigenous, Afro-Colombian and rural communities in Colombia. The increasing number of terrorist actions by illegal armed groups was of particular concern. Canada noted with concern the significant increase in violations attributed to the security forces, some committed during the implementation of the Government’s security policy, others carried out with the full knowledge of the Office of the Attorney General.
Canada supported the Colombian Government’s efforts to provide security for all Colombians but cautioned that these efforts must be fully consistent with international human rights and humanitarian law. Canada urged the Colombian Government to live up to its commitment to aggressively confront paramilitary groups and to hold public officials criminally liable for their links to paramilitary operations. Canada was very concerned about the increase in forced displacement in the country and urged the Colombian Government to provide adequate funding to assist and protect the civilian population.
MARK FALCOFF (United States) commended Colombia on its progress in observing human rights in the past year. As part of Colombian President Uribe’s “democratic security”, the State had extended its reach to previously neglected areas which had served as a base of operations for terrorist groups. Moreover, the Presidential Human Rights Programme had also been reinvigorated and the Government had indicated that no military-paramilitary cooperation would be tolerated.
While the Government had taken important steps to restore "democratic security", more clearly needed to be done. However, the principal culprits of human rights abuses and violence in Colombia were illegal armed groups that defied legitimate authority and wreaked terror on the Colombian people. These groups were involved in narcotics trafficking, kidnappings and extortion as a source of revenue and a way of life. The Government of Colombia recognized that much remained to be done to strengthen democratic institutions and permanently sever ties between the armed forces and illegal armed groups. Under President Uribe, Colombia was worked to achieve these goals.
SVERRE BERGH JOHANSEN (Norway) said lack of progress in the peace process in Colombia was very detrimental to the human rights situation in the country. The breakdown of the dialogue with the FARC and the ELN had led to an escalation of indiscriminate terrorist attacks which were causing increasing suffering and despair for the civilian population. Those acts constituted blatant violations of international humanitarian law. There could be no tolerance of such acts, and those responsible should be held accountable. The objective of the Colombian Government's strategy with regard to security--- Seguridad Democratica -- together with the mild state of siege, had been to protect the civilian population from violence. The emergency laws, however, were too often used to infringe on human rights.
It was urgent to resuscitate the political negotiation process. Unless one recognized and addressed the fundamental reasons for the conflict that were condemning millions of Colombians to poverty and exclusion, there could be no lasting peace. Colombians should be given reason for hope and trust in a better future, where the causes of the armed conflict were no longer present.
ALESSANDRA AULA, of Franciscans International in a joint statement with Dominicans for Justice and Peace, said the two NGOs were deeply alarmed by the constant deterioration in the human rights situation in Colombia and the undermining of the democratic foundations of the rule of law. For this reason, the organizations urged the Commission to ask the Office of the High Commissioner for Human Right to submit to the General Assembly its report on the human rights situation in Colombia and the status of the implementation of its recommendations.
Alarm was expressed over the evidence of increased forced displacement and a lack of political will on the part of the Colombian Government to fight paramilitary groups. Another matter of serious concern was the adoption of a law that opened the door for negotiations with paramilitary groups, despite the fact that these groups were responsible for most human rights violations and attacks against the civilian population. This law envisaged general amnesty in contravention of the right to fair administration of justice and adequate compensation for victims. The Commission was urged to call upon the Colombian Government to respect its undertakings in the area of human rights and humanitarian law.
NATHALIA LOPEZ, of Colombian Commission of Jurists in a joint statement with International Commission of Jurists, International Service for Human Rights and International Federation of Human Rights Leagues, said the first paragraph of the High Commissioner's report contained a good description of the current state of affairs in Colombia. In 2002, there had been an increase in the violation of civil and political human rights, many of which constituted serious crimes against humanity. Among other actions, human rights defenders had been detained en masse, the Government had undertaken a massive policy of oppression against the civilian population and had promoted the militarization of society by setting up a national network of informers and by organizing peasant militias, which benefited from the inclusion of paramilitaries pardoned by the Government.
Additionally, the Vice-President's proposal to pay more attention to the violent actions of non-state groups than to the violations committed by State agents constituted a violation of Colombia's international commitments. The main agent of human rights violations had been the State, which remained unable to protect the civilian population against the actions of armed groups. The Commission should call on the Government to comply with its commitments.
ANNA BIONDI, of International Confederation of Free Trade Unions (ICFTU), speaking on behalf of Public Services International, said the situation was particularly grave for those courageous working women and men who tried to exercise their human rights and trade union rights in Colombia. An ICFTU compilation of killings and disappearances in 2002 and over the first part of 2003 set the figure at 14 killings. While the Confederation recognized the importance of protection programmes which allowed threatened trade unionists to leave the country, those programmes could only be considered as proof of the total inability of the Government to administer law and justice.
The Government had issued laws allowing demobilized members of illegal armed groups amnesty without any judicial control nor process that would lead to real reestablishment of peace. That policy of impunity could not be accepted.
AUGUSTIN JIMENEZ of World Organization Against Torture speaking on behalf of Agir Ensemble pour les droits de l'homme, said the Colombian Government’s policy of democratic security, which was allegedly aimed at attacking armed and paramilitary groups, constituted in actual fact a mechanism for persecuting civilian opponents. Measures were taken against social leaders, trade union activists and human rights defenders in order to undermine democratic opposition. Human rights and fundamental freedoms were violated with the establishment of rehabilitation areas, especially in Arauca.
With the strengthening of security, detainees were increasingly subjected to torture and cruel and inhuman treatment. In October 2001, a UN commission had visited the country and issued a report containing a large number of recommendations. However, none of these recommendations had been implemented by the prison authorities. The Commission was urged to request the High Commissioner for Human Rights to present to the General Assembly an interim report on the situation of human rights in Colombia in case the human rights situation there deteriorated further.
GABRIELLE JUEN, of Amnesty International, said that since the collapse of peace talks between the Government and armed opposition groups in Colombia, internal conflict had further intensified, which had had a devastating effect on the civilian population. The security forces and their paramilitary allies continued to be responsible for widespread and systematic violations of human rights, while armed opposition groups continued to be responsible for numerous and repeated violations of human rights. There had been little to no progress with regard to implementing the recommendations of the United Nations. In fact, the Government had pursued policies contrary to many of the recommendations.
Rather than shielding civilians from hostilities, Government measures risked dragging them further into the conflict. Therefore, the Commission should, among other measures, express disappointment that its recommendations had not been implemented, call upon the Government and armed opposition groups to sign a humanitarian agreement to protect the civilian population, and urge the Government to disarm paramilitary groups and end impunity.
AIDA AVELLA, of World Federation of Trade Unions, said the situation in Colombia was dramatic. Many organizations, including hers, had expressed their opposition to the violence perpetrated against trade union leaders in Colombia. The situation of political executions, disappearances, and detention of trade union leaders and members had persisted with impunity. Since the meeting of the fifty-ninth session of the Commission on Human Rights, the situation in Colombia had not changed; and the violations of the trade union rights had not stopped.
The Federation and other organizations had learned that human rights in the country, in particular those of trade unionists, had continued to be violated. No more human rights violations had occurred in the world than in Colombia. Last years, 184 workers had been gunned down, 13 of them by paramilitary groups.
EMMANUELLE WERNER, of Human Rights Watch, said Colombia had made limited progress on some concerns expressed by the Commission. However, fundamental problems remained, among them persistent links between units within the armed forces and illegal paramilitary groups that were responsible for most of the violations. Human Rights watch continued to receive numerous and credible reports of joint military-paramilitary operations. There were also significant new threats to human rights. The most serious came from within the very institution pledged to administer justice. The fight against terror could not be successful without an independent and impartial judiciary.
The FARC rebel group had escalated attacks on civilians, among them hundreds of mayors and other local officials. In 2002, the FARC had used gas cylinder bombs in over 40 attacks on cities and towns, causing mainly civilian casualties.
JULEN ARZUAGA, of International League for the Rights and Liberation of Peoples, said eight months had elapsed since the election of the new Government in Colombia, during which the situation of human rights in the country had worsened. New measures had been taken which negatively affected civil and political rights. Among other things, the power of the military had been increased under the "democratic security" policy; the powers of the Attorney General had been increased, fora for negotiation for a peaceful solution to the conflict had been closed, and economic and social exclusion had been increased.
In the majority of cases, violations of human rights remained unpunished. In fact the Government had begun a dialogue with paramilitary groups based on impunity. The serious situation should compel the Commission to appoint a Special Rapporteur for Colombia and to submit the report of the High Commissioner to the General Assembly.
GLADYS AVILA FONSECA, of Latin American Federation of Associations of Relatives of Disappeared Detainees (FEDEFAM), said the group deplored the human rights situation in Colombia, where the overall situation had worsened. Acts of forced disappearances and killings had continued in the country without the Government taking further measures to stop them. Most of the killings had been committed by the members of the paramilitary commandos, who enjoyed impunity.
The violence in the country had increased by 100 per cent over the last three years. The new amnesty decree 128 promulgated by the Government was a sign that the Government was practicing impunity. Because of the seriousness of the situation in Colombia, the situation should be treated similar to the cases of Guatemala and Chile, where Special Rapporteurs had been appointed by the Commission.
JAIRO SANCHEZ, of American Association of Jurists, said the report of the High Commissioner on the situation of human rights in Colombia left no doubt that the human rights and humanitarian situation in Colombia was deteriorating by the day since the present Government, like its predecessor, had done very little to comply with international recommendations on ways to improve the situation. There was lack of political will on the part of political authorities to make Colombia a state of law and democracy. Human rights violations were committed by public officials and by President Vélez’s policy of democratic security, which established rehabilitation and consolidation areas, restricted human rights and fundamental freedoms, including freedom of movement, respect for private life, personal freedom and the right to due process.
Moreover, the links between officials and paramilitaries undermined human rights, in particular the fight against impunity. The deterioration in the realization of civil and political rights of the Colombian people was further aggravated by economic and social exclusion, a high rate of poverty and growing inequality.
ROBERT FARIS, of Canadian Council of Churches, said the Council remained profoundly concerned over the deteriorating state of human rights in Colombia and urged the Commission to take robust measures to address the situation more effectively. Growing militarization and increasing human rights violations characterized the situation, and despite claims to the contrary, he remained convinced that collusion between state security forces, public officials and paramilitary groups was ongoing and widespread. This clandestine alliance was behind the vast majority of political assassinations and disappearances in Colombia.
Increasing numbers of Colombians, including grass roots organizers, trade unionists, social activists, indigenous leaders and church and human rights workers had been murdered, disappeared, internally displaced or force into exile. Colombian security forces had used the guise of the war on terror to carry out arbitrary arrests and raids on the offices of respected trade unions and peace organizations. Moreover, the Colombian Government, with its national security policy, had undermined institutional human rights safeguards. In this situation, the Commission should insist more forcefully on the full implementation of the recommendations made by the High Commissioner.

Address by Chairperson of Human Rights Committee
ABDELFATTAH AMOR, Chairperson of the Human Rights Committee, said that to date 150 States had ratified the International Covenant on Civil and Political Rights and 104 had adopted its Optional Protocol. Concerning individual complaints, 1,167 had been registered to date. Of these, 295 were still under consideration and observations had been made on the merits of more than 400 cases. It was worth noting that there was greater cooperation by State parties in the implementation of the observations that the Committee adopted on the basis of the complaints, and that the decisions of the Committee were invoked by the highest judicial authorities of State parties. Moreover, the individual complaints procedure allowed the Committee to provide justice for numerous victims of human rights violations, be it in the form of suspension of death penalties, modification of legislation and administrative practices, or financial compensation.
Mr. Amor said numerous State parties did not submit their reports in accordance with article 40 of the International Covenant. Thirty States parties out of 150 had still not submitted their initial reports to the Committee. Other States submitted their reports with considerable delays. Furthermore, numerous States parties did not comply with the directives laid down by the Committee with regard to the presentation of the reports, and so produced reports that did not sufficiently reflect the implementation of the provisions of the Covenant.

Presentation of Report on Freedom of Opinion and Expression
AMBEYI LIGABO, Special Rapporteur on the right to freedom of opinion and expression, said the variety of countries to which communications had been sent under his mandate indicated that alleged violations of the right to freedom of opinion and expression occurred in all regions and countries, whatever their systems, although democratic institutions offered more guarantees for protection of the right as well as a more enabling environment for its exercise. However, these freedoms did not just benefit from a democratic environment but also contributed to the emergence of sound and functioning democratic systems. The right to freedom of opinion and expression was a clear indicator of the level of protection and respect of all other human rights in a given society.
A study on access to information for the purposes of education and the prevention of HIV/AIDS was contained in the report, said Mr. Ligabo, and it underlined that the protection of human rights in a given country had a direct impact on the spread of the epidemic. Thus, the protection of freedom of opinion and expression had a direct impact on the effectiveness of education and information policies, programmes and campaigns for the purpose of HIV/AIDS prevention. Another area of priority concern was found within the adoption of new anti-terrorist measures and legislation.
Since his appointment, Mr. Ligabo said, he had received invitations to visit Equatorial Guinea and the Islamic Republic of Iran (a visit that would take place from 17-27 July 2003). The overall situation of freedom of opinion and expression in Equatorial Guinea seemed to have improved from a legislative point of view; however, he was concerned about the absence of free and independent audio-visual media in the country, as well as about the legal and administrative obstacles faced by the print media.

General Debate on Economic, Social and Cultural Rights
MONA ABBAS RADHI (Bahrain) said education played an important role in the progress of people. It was a political, social and cultural right which allowed people to participate in the life of their country. The Constitution of Bahrain ensured the right to education and called on the State to promote cultural and educational services. The Constitution also stated that basic education was compulsory and free. It also established equality between men and women. Equality of women was ensured in the cultural, political and social spheres while fully respecting the provisions of the Islamic Sharia. Women had the right to education at all level and also enjoyed equal opportunities in the field of professional and vocational training.
The Charter of National Action of Bahrain reaffirmed the need to promote science, literature, the arts and universities as a mean of promoting knowledge and scientific progress. The State had made tireless efforts to promote scientific and technological progress and to ensure that people acquired technological and computer skills. Bahrain sought to do away with stereotypes by regularly revising school textbooks. It also took measures to decrease the school dropout rate. Its policy was aimed at promoting human rights and a more equitable distribution of wealth.
CARMEN CLARAMUNT (Costa Rica), speaking on behalf of the Group of Latin American and Caribbean Countries (GRULAC), said the lengthy history of active participation in negotiations on economic, social and cultural rights showed the extent to which these rights were valued by the members of GRULAC.
Welcoming the agreement reached last year for the establishment of a working group, with open-ended membership, to study options relative to the elaboration of a protocol to the International Covenant on Economic, Social and Political Rights, GRULAC proposed that the working group, which would meet for the two weeks before the Commission's annual session, should analyze all elements related to a protocol on economic, social and cultural rights; remain open to contributions from Governments, NGOs, members of the Committee on Economic, Social and Cultural Rights, United Nations bodies working on the exercise of this set of rights, and the relevant Independent Expert.
VALERIE KUCHINSKY (Ukraine) said that despite the efforts of the international community, there had been little change in the world social situation since the Copenhagen Summit. The richest had become even more prosperous, while the poor had been reduced to sheer misery. Globalization and its opportunities for growth had not solved the disparities among and within countries. Ukraine was doing its utmost to translate international strategies and policies in the social sphere into effective national programmes. The development of a socially oriented economy based on the efficient use of existing resources was incorporated in the Presidential Initiative "Ukraine: the Road to the Twenty-first Century".
Ukraine was committed to protecting the rights of citizens not able to fully realize their opportunities because of disabilities. Last December, the President of Ukraine had issued a decree on additional measures to strengthen the social protection of disabled people. Ukraine fully endorsed the need to integrate health and education policies into poverty eradication strategies. Improved health was central to the development process. The Government of Ukraine fully recognized the importance of domestic spending on human resources development, particularly in the spheres of health and education.
NORMA NASCIMBENE DE DUMONT (Argentina) said Argentina fully endorsed the notion of the universality, indivisibility, interdependence and interrelation of all human rights and fundamental freedoms. This was why the promotion of one category of human rights could never exempt States from promoting and protecting other rights.
It should be acknowledged, however, that a serious economic crisis could severely impede the realization of human rights, particularly economic, social and cultural rights. Since 1998, Argentina had been experiencing the worst economic recession in its history. This recession had resulted in rising unemployment and a drop in the standard of living of Argentinean citizens. In order to remedy the effects of the serious socio-economic situation, the Government had adopted numerous emergency measures. Nevertheless, a propitious international environment was required for the realization of economic, social and cultural rights, and the right to development. Trends in the international economy impacted on States’ abilities to fulfil their international obligations in the field of human rights. In this connection, Argentina stressed the need to eliminate agricultural trade barriers.
ELIANA BERAUN ESCUDERO (Peru) said Peru considered economic, social and cultural rights to be one of the most important items on the Commissions agenda; Peru had taken steps to ensure the development of respect for all human rights, civil and political, as well as economic, social and cultural. Substantive progress on economic, social and cultural rights would both benefit Perus citizens and strengthen the rule of law and democratic institutions.
The fight against poverty and for equality of access for all was the main pillar of an agreement reached in July 2002 by the principle social and political actors in Peru. Moreover, the guidelines provided by the Special Rapporteurs and independent experts set a baseline for progress on the implementation of these rights. The visit of Miloon, Kothari, Special Rapporteur on adequate housing, to Peru had provided an important incentive for its agenda of strengthening economic, social and cultural rights. The eradication of poverty and provision of the rights to housing, health and education, among others issues, were all urgently needed in developing countries, yet national efforts could become bogged down, in which case stepped-up international cooperation was necessary.
TASSOS KRIEKOUKIS (Greece), speaking on behalf of the European Union, said that since the adoption of the Universal Declaration of Human Rights, various actions had been taken to ensure the realization of economic, social and cultural rights. These efforts were part of the wider action for the promotion and protection of human rights that had taken place over the last 55 years. Human rights were universal, indivisible, interdependent and interrelated. Promoting and protecting one category of rights never exempted States from promoting and protecting other rights. Such actions should take place in parallel. The International Covenant on Economic, Social and Cultural Rights was a fundamental legal instrument, and 146 States were parties to it. Under the terms of the Covenant, most of the rights embodied were to be realized progressively. There were certain provisions in the Covenant that imposed obligations of immediate effect, including those on equality, non-discrimination, trade union rights, working conditions, primary education and freedom of scientific research, among other things.
Poverty eradication and full enjoyment of economic, social and cultural rights were interrelated goals. The European Union confirmed its willingness to contribute towards the realization of the target of the UN Millennium Declaration to halve the population of people whose income was less than US$ 1 per day by the year 2015. It recognized that hunger was an affront to human dignity. States should take all appropriate measures, individually and through international cooperation, to protect and promote the right to adequate food as well as to provide access to clean drinking water.

Other statements
A Representative of Colombia expressed gratitude to all those who had spoken in support of the efforts of the Colombian Government. The Government was a democratic one and its legitimacy could not be questioned. The judiciary was independent and as such it carried out its functions. Some non-governmental organizations had been alluding to its dependence on executive power, which was not in conformity with Colombian legal practice. The amnesty law 128, to which many speakers referred, was not new; it had been in place for a long time, and it was related to impunity. The Government of Colombia would continue its cooperation with the Office of the High Commissioner for Human Rights.
A Representative of the Netherlands, speaking in right of reply, referred to the report of the Special Rapporteur on the adverse effects of the elicit movement and dumping of toxic wastes. The report mentioned case No.19941 involving the Netherlands, China and Haiti. The Netherlands delegation had met with the Special Rapporteur this afternoon and promised to transmit her report to the Government.



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