Sub-commission hears reports of its experts on bioethics; terrorism; traditional practices harming women and girls

Sub-Commission on the Promotion and
Protection of Human Rights
55th session
4 August 2003
Afternoon




The Sub-Commission on the Promotion and Protection of Human Rights this afternoon continued its consideration of specific human rights issues, including human rights and women, contemporary forms of slavery, and new priorities such as terrorism and bioethics, and heard Sub-Commission Experts and Special Rapporteurs presenting their reports on human rights and bioethics, human rights and terrorism, and traditional practices affecting the health of women and the girl child.
Presenting her working paper on human rights and bioethics, Sub-Commission Expert Antoanella-Iulia Motoc said the United Nations Charter had given priority to the human environment; the human genome was a common heritage of all human beings and it could not be monopolized. Concerning new and upcoming issues within the international community, with human rights consequences, such as genetic manipulation and the question of cloning – currently at the centre of a debate within the United Nations – the value of a new convention designed to regulate research on human cloning was suggested.
During a subsequent discussion on her report, Sub-Commission Experts stressed that human genome research could have both positive and negative effects. Asbjorn Eide said that it could lead to the overcoming of serious illnesses, at the same time as it could lead to increased discrimination between individuals based on genetic data. He proposed increased cooperation between the Sub-Commission and other actors in this field, including with UNESCO. Other Experts underlined the need for cooperation and added that the World Health Organization, with its scientific expertise, also needed to be involved on bioethics.
Halima Embarek Warzazi, Chairperson of the Sub-Commission and Special Rapporteur on traditional practices affecting the health of women and the girl child, informed the Sub-Commission that progress had been achieved in the field of female genital mutilation. Much of the progress was due to the attention on this issue by the international community. However, there were other equally harmful practices to women and girls, which had not received equal attention and which continued with impunity. In this connection, she welcomed the adoption of a protocol by the African Union on all traditional practices affecting the health of women and the girl child.
Following her presentation, Sub-Commission Experts highlighted the important work undertaken by Ms. Warzazi and noted the real change that had occurred in Africa, including the adoption of the African Union protocol, much to her credit. Sub-Commission Expert Francoise Jane Hampson raised concern about the traveling of harmful traditional practices through migration. States must accept and deal with the extent to which incidents, such as honour killings and dowry killings, were taking place. On the same topic, Sub-Commission Expert El Hadji Guisse said when people moved, they did not necessarily leave their traditions behind. In such cases States must exercise understanding – not repression.
Experts also stressed the need to raise awareness on harmful traditional practices affecting the health of women and the girl child, and the role that non-governmental organizations could play. In this regard, Sub-Commission Expert Florizelle O'Connor and other Experts highlighted the need for external non-governmental organizations (NGOs) to work with and respect the view and experience of local NGOs.
Three NGOs also participated in the discussion on specific human rights issues. They raised concerns about violence against women, both within and outside of armed conflict, and stressed women’s need to legal recourse for human rights violations.
Making an oral presentation on her report on terrorism and human rights, Sub-Commission Expert and Special Rapporteur Kalliopi Koufa said that time and distance from 11 September 2001, instead of bringing back much-needed normalcy in international relations, had truly opened a new era of global insecurity, uncertainty and erosion of established international law. The Sub-Commission and all other human rights bodies must continue to urge the Security Council Counter-Terrorism Committee to review new national anti-terrorism legislation from the point of view of human rights and humanitarian law.
The following Sub-Commission Experts also participated in the afternoon discussion: Leila Zerrougui, Barbara Frey, Soo Gil Park, Yozo Yokota, Soli Jehangir Sorabjee, Emmanuel Decaux, Christy Ezim Mbonu, and Shiqiu Chen.
A representative of Egypt addressed the Sub-Commission this afternoon. Also addressing the Sub-Commission were representatives of the following non-governmental organizations: Foundation of Japanese Honorary Debts; Asia-Japan Women’s Resource Center, speaking on behalf of Korea Women’s Associations United; and Interfaith International.
The Sub-Commission will reconvene at 10 a.m. on Tuesday, 5 August, to continue its consideration of specific human rights issues.

Documents
There is a progress report by Kalliopi Koufa, not yet officially submitted as document E/CN.4/Sub.2/2003/28, on terrorism and human rights, which includes two addendums on an update on international anti-terrorist activities and initiatives and a summary of comments received. The report consists of a follow-up on the issue of definition; sub-States (or non-State or individual) terrorism; and delimitations of terrorism – a legal approach. The report concludes that the events of 11 September 2001 had somewhat deviated the work of the Special Rapporteur. The Special Rapporteur states that it is essential to follow-up and permanently examine the conformity of these measures with international human rights law. The Special Rapporteur is encouraged by the fact that the treaty bodies are developing methods to address compliance of national legislation on terrorism, including the inclusion of specific questions on these issues in their directives to States for the preparation of their report. The Special Rapporteur considers it appropriate to press for the Sub-Commission and all other human rights bodies to continue to urge the Security Council Counter-Terrorism Committee to fulfill its obligation to review national anti-terrorism legislation from the point of view of human rights and humanitarian law.
Under this agenda item, there is an expanded working paper submitted by Antoanella-Iulia Motoc on human rights and bioethics (E/CN.4/Sub.2/2003/36) which states that an international framework should be developed, taking into account the public but also the private research in the field. National codes could specify the criteria for deciding whether a new genetic test should be marketed, used, or even developed at all. Codes for genetic counseling could also be established to help individuals make choices regarding their particular circumstances, if at all possible, obtainable for all persons, irrespective of their social and economic resources. All the solutions have to take into account the role of the private sector in the genomic industry since although Governments may introduce regulation, it would largely be the private actors such as corporations and physicians who would implement them. The paper also states that it is worth taking into account the proposal to organize a world summit on the future of the human species to protect the integrity of the human species, and to prevent the market and its powerful industries, businesses and self-serving scientists from deciding for humanity what its future will be.

Statements
ANTOANELLA-IULIA MOTOC, Sub-Commission Expert, presenting her report on “human rights and bioethics”, said that the Commission on Human Rights had adopted a resolution on the issue and the Sub-Commission had been asked to pursue its work on the subject. The human genome was being modified by different regimes. The United Nations Charter provided priority to the human environment. In her paper, she had underlined the issues of genetic manipulation and intellectual property. The human genome was a common heritage of human beings, and it could not be monopolized. Genetic manipulation and the question of cloning were at the centre of the debate within the United Nations. The cloning and the reproduction of human beings violated the principles laid down by the international community. The violation of the international norm against cloning of human beings should be followed by sanctions. A new convention should be designed in order to regulate the cloning of human beings. Women should be more and more involved in the issue of cloning, which reduced the role of women as reproducers of human beings. There was a proposal to hold a conference on the future of the reproduction of human species.
EL HADJI GUISSE, Sub-Commission Expert, expressed concerns about the results of the use of the research on the human genome, which were not within the scope of developing countries. Research in this field could result in the improvement of the lives of people, however only for those who had the resources to carry out such research. The poor were always vulnerable, as had been seen with regards to HIV/AIDS, where the scientific research and developments had not been shared with developing countries. The results obtained, irrespective of the legal frameworks that might appear, might further complicate the lives of the poor since profit alone was the objective pursued in such research.
LEILA ZERROUGUI, Sub-Commission Expert, said she endorsed the report presented by Ms. Motoc. The research made on human genetics could be beneficial to human beings if it was based on scientific research. However, the research might lead to discrimination involving vulnerable groups of society. Regulations should be adopted to avoid such acts of discrimination. The Sub-Commission should identify a way in which the issue of genetic manipulation would become beneficial to all.
ASBJORN EIDE, Sub-Commission Expert, said the issues brought to the attention of the Sub-Commission were extremely important for the future of humanity. Scientific advances, such as genetic manipulation, could have both positive and negative consequences, including overcoming serious illnesses or the danger that it would lead to an increased discrimination between individuals. With regard to positive effects, it was therefore important to look at how potential benefits would be distributed in connection with intellectual property rights. Where should the work on this issue be done, he asked. It seemed that UNESCO had taken the lead in this regard, as well as the European Union and the Council of Europe. How could the Sub-Commission play a role in this field, particularly given its lack of scientific expertise on this issue?
FRANCOISE JANE HAMPSON, Sub-Commission Expert, joined previous speakers in appreciating the work of Ms. Motoc. She said that the World Health Organization (WHO) should be involved in the medical research of genetics. The militarization and use of human genes should be given further thought and attention should be drawn to their manipulation.
BARBARA FREY, Sub-Commission Expert, said that the presentation had been very educational since it had highlighted some of the human rights implications to do with genetic research. Further studies must include seminars with bioethics experts as well as an elaboration of the human rights norm on the topic.
SOO GIL PARK, Sub-Commission Expert, said this was a disturbing concept due to the unknown consequences of current research. Without the guidance of ethics based on human rights norms, research could have unforeseen negative consequences. Human cloning was the most controversial human and ethical issue at the moment and research must be strictly monitored. Any positive results must be shared between all peoples since human genome research was the common human heritage of all. Intellectual property rights were needed to promote research in the health field, however, it must be ensured that such rights did not bring about a biotech divide or increased discrimination based on genetics. Efforts needed to be coordinated with UNESCO in this regard, including the holding of informal consultations with experts in this field.
YOZO YOKOTA, Sub-Commission Expert, said if the advancement of genetic science was to determine only specific genes, it would result in discrimination and might be detrimental to human development. Special attention should thus be drawn on scientific genetic research that might discriminate against the human being in general. An international norm should be drawn to avoid such misuse of scientific research.
ANTOANELLA-IULIA MOTOC, Sub-Commission Expert, responded to questions and comments and stressed that the study would consider the contribution of bioethics. Concerning the legal framework, there were both voluntary and legal provisions in the declaration of UNESCO on this topic. The question was really how to use the provisions in existence and how to align them with human rights norms. On the role of the private sector, it was necessary to deal with codes of conduct. The framework directed towards the private sector must be accompanied by a strong national legal framework. Concerning cooperation with other bodies, there were already proposals made by UNESCO that all organizations should be involved and should participate in a network on bioethics. The contribution of the Sub-Commission would be to look at and monitor human rights norms on this bioethics. On issues related to discrimination, the Sub-Commission could really make a difference with its history of expertise on the issue of discrimination.
KALLIOPI KOUFA, Special Rapporteur on the question of terrorism and human rights, said that time and distance from the catastrophe of 11 September 2001, instead of bringing a rehabilitation of the much-needed normalcy in the international relations of the dawning twenty-first millennium, had truly opened a new era of global insecurity, uncertainty and erosion of established international law. While “the dust had still not yet settled”, the very viability, relevance, even legitimacy, of the international system built up within the past fifty plus years had been put to question and to further severe testing over the past few months. Seeing no clear roadmap to the reinstitution of the rule of law necessary to protect human rights and humanitarian law in the global struggle against terrorism, she shared the skepticism of most people around the world about the over-zealous use of counter-terrorism measures to facilitate enforcement activities in criminal and other matters unrelated to terrorist activities.
On a more positive note, there had also been a kind of regrouping in the international community with regard to the anti-terrorist legislation passed since 11 September. After initially leaning heavily towards national security measures at the expense of international human rights and humanitarian law norms, the international community had begun to generate a more reasonable balancing of security and rights in relation to anti-terrorist legislation.
It would be valuable and appropriate for the Sub-Commission and all other human rights bodies to continue to urge the Security Council Counter-Terrorism Committee to remember its obligation to review national anti-terrorism legislation from the point of view of human rights and humanitarian law. It was apparent that to date, the “liaison” relationship between the Office of the High Commissioner for Human Rights and the Human Rights Committee had yet to yield a specific undertaking from the Counter- Terrorism Committee regarding human rights. It was certainly not premature to recommend that the latter incorporate human rights and humanitarian norms into its advisory programme assisting States to draft or amend counter-terrorism legislation.
HALIMA EMBAREK WARZAZI, Sub-Commission Chairperson and Special Rapporteur on traditional practices affecting the health of women and the girl child, introducing her progress report, said that major progress had been taken in the field combating female genital mutilation. The practice had made women third degree citizens and it had been affecting their health. At present, the situation had been reverted and the international community had become aware of its harmfulness. The adoption by the African Union of the protocol concerning all traditional practices affecting women was a good example in the fight against the harmful practices against women. The evolution of attitudes within the African societies had contributed to the decreasing tendency of female genital mutilation. She had included in her report information received from all regions of the world. The issue of forced marriages had also been studied carefully. During the Conference on the issue in Addis Ababa, further measures to combat all forms of harmful practices affecting women had been suggested. The European Union also had to be congratulated for its courageous measures adopted towards combating female genital mutilation.
FRANCOISE JANE HAMPSON, Sub-Commission Expert, said that the changes that had been made for a long time in Africa were much due to the important work of Ms. Halima Embarek Warzazi. The issue had been advanced in such an important manner by the Special Rapporteur that she should credit herself with the adoption of the African Protocol. Concern was raised about the traveling of harmful traditional practices through migration. States where such practices were new often approached them with rejection or failed to realize the extent to which these practices were taking place. Examples included the practice of honour killing or dowry killing. Effective change could be achieved only if one realized that legislation itself did not change practices. It was clear that problems faced in the Sub-Continent were only partly the lack of education, but more so the inactivity of law enforcement on such issues.
LEILA ZERROUGUI, Sub-Commission Expert, approved the efforts made by Ms. Warzazi in contributing to the combat against female genital mutilation. She said that the Special Rapporteur should include in her future work information on acts of imprisonment of and attacks on women who opposed traditional practices when States failed to protect them.
EL HADJI GUISSE, Sub-Commission Expert, welcomed the important work undertaken by Halima Embarek Warzazi as well as the decision of the African Union to take issues of harmful traditional practices seriously. These were traditional practices that were deeply ingrained into culture, and they were actions that could not simply be punished or sanctioned. It was first necessary to explain the nature of these harmful traditional practices on people’s health. Because of migratory flows, people from other civilizations would have to understand that persons did not necessarily leave their traditions behind. One had to start with understanding, not repression. The rules in the West were different from the rules in Africa and one must not assume that the chime of one bell was the chime of all bells.
ANTOANELLA-IULIA MOTOC, Sub-Commission Expert, said that the report of Ms. Warzazi was balanced and provided for a better explanation of female genital mutilation, which many people could not understand easily. Some traditional practices affected the health of women. It was important for the Sub-Commission to continue looking into the issue in depth. The work done by Ms. Warzazi had shown her seriousness in dealing with the issue. Members of the Sub-Commission should underline issues concerning women’s development.
YOZO YOKOTA, Sub-Commission Expert, said that the monumental paper just introduced was impressive and Ms. Halima Embarek Warzazi’s study had become a tradition. Every year, there were new developments. This year, the adoption of a protocol by the African Union was indeed welcome. In the past, her papers had given everyone the opportunity to look seriously at this human rights problem and reflect on whether there were traditional practices in one’s respective part of the world affecting the health of women. When dealing with this issue, it was necessary to focus on the victims, not political, religious or cultural justifications. One must also not associate a particular human right violation with a particular culture, since all cultures had a responsibility to address human rights violations. The Sub-Commission must support the continuation of the work on this issue.
SOLI JEHANGIR SORABJEE, Sub-Commission Expert, applauded Ms. Warzazi for her perseverance in her work on traditional practices that affected the health of women. In his view, education should be at the base of the fight against harmful practices affecting women. In some countries, honour killings had been practised with impunity. In India, for example, the law laid down by the authorities did not fully protect women from the traditional practices to which they were subjected.
EMMANUEL DECAUX, Sub-Commission Expert, said that sincere congratulations were due to Ms. Warzazi for her pioneering work. The Sub-Commission had made women’s rights a true cross-cutting concern. Unfortunately, women were the main victims of violence as well as the feminization of poverty. Crimes against women must be prosecuted and the term “crimes of honour” must in no way allow for more lenient legal consequences. It was, in fact, necessary to ensure the “feminization of justice”. Presence of women in the judiciary was essential to restore a balance. Victims also needed to be able to speak to women about their cases.
CHRISTY EZIM MBONU, Alternate Sub-Commission Expert, said that the tenacity shown by Ms. Warzazi had to be lauded. In the past, every girl child had been subjected to genital female mutilation; however, the situation had changed and the practice had become criminalized. Educational programmes had to be carried out against all forms of traditional practices affecting the health of women. Further work had to be done by the international community in order to avert the situation. Even today, rural women in many countries preferred to be handled by traditional midwives than going to modern hospitals. Ms. Warzazi should continue with her work in that field.
SHIQIU CHEN, Sub-Commission Expert, said he could still recall that in the early 1980s the Sub-Commission had been discussing the same issue. One would have thought that such practices would have disappeared by now, but instead they thrived in many regions. This problem did not lie in the lack of political will on the part of Government, or because of the lack of international attention, but in the fact that the communities in question believed in these practices. Within the human rights mechanisms there should be an assistance programme to strengthen the African Unity in its work on this issue, particularly in terms of education.
SOO GIL PARK, Sub-Commission Expert, expressed his appreciation of the work carried out by Ms. Warzazi and encouraged her to continue her work. He said that the adoption of a protocol by the African Union was a big step in the fight against traditional practices affecting the health of women.
FRANCOISE JANE HAMPSON, Sub-Commission Expert, referred to issues raised and said there was a need for non-governmental organizations (NGOs) to assist in education. This was vital; however external NGOs must work with local NGOs. Otherwise, if not careful, the work of NGOs could be counter-productive.
ASBJORN EIDE, Sub-Commission Expert, said that if non-governmental organizations wanted to participate in the field of education as part of the combat against traditional practices affecting the health of women, they were most welcome.
ANTOANELLA-IULIA MOTOC, Sub-Commission Expert, said a major role must be played by people who understood the culture in the region. Local non-governmental organizations must also be allowed to speak for themselves and must not be forced to adopt the line of external non-governmental organizations. Their position must be based on local knowledge and they should not feel forced to adopt other views due to issues of financing.
FLORIZELLE O’CONNOR, Sub-Commission Expert , said that one of the problems facing local non-governmental organizations (NGOs) was that they were not heard by the international NGOs which ignored their experience on the ground. The role of the Internet in promoting education should not be neglected.
MOHAMED LOUTFY (Egypt) thanked Ms. Halima Embarek Warzazi for her report and assured her that he would convey her thanks to the Egyptian Government for holding a conference in Cairo on this subject. The holding of this conference had underscored the commitment of the Government to the eradication of female genital mutilation. Members of all faiths had a responsibility to address the practice of harmful practices, since it had no basis in religion whatsoever. The Egyptian Government was cooperating in this regard with representatives of different faiths as well as non-governmental organizations.
HALIMA EMBAREK WARZAZI, Sub-Commission Chairperson and Special Rapporteur on harmful traditional practices affecting the health of women, thanked all those who supported her in her work. She said that the work had to be done by taking into consideration those who lived according to their faith and beliefs. Many countries had grasped that traditional practices affecting the health of women were human rights violations. All Governments should be made aware of their obligations to protect the human rights of their citizens, including against the practice of female genital mutilation. Governments should further explain to their citizens living abroad that the laws of the host countries were applicable concerning them and not those of their countries of origin, where harmful traditional practices were still perpetuated. Further, Governments should comply with their international obligations in promoting and protecting the rights of women in their respective countries. A lot of time had been given to Governments in implementing their obligations.
JOSE ADRIAANSEN-SMIT, of Foundation of Japanese Honorary Debts, said the organization was founded in the 1990s in the Netherlands following the decision in the United States to offer a compensation of $ 20,000 to Japanese Americans who were detained in Canada and the United States during the Second World War. The organization also upheld the interests of former Dutch prisoners of war (POWs) and civilian internees who suffered in concentration camps from forced labour, sex slavery, and other enforcements by the Japanese occupation in South East Asia during World War II. Its aim was to bring into the open the violation of human rights by the Japanese Government and to obtain acknowledgement of the physical, mental and material damage brought upon the victims. The Working Group should pay attention to the NGOs concerned with the problems of obtaining justice for the thousands of victims of this occupation, some of whom were still suffering as a result of the illegal and systematic acts of desecration conducted by the Japanese Government or enacted by people under their direct responsibility, since the present Japanese Government ignored the victims of its past wars of aggression. In order to become a truly respected member of the international community, the Japanese Government should clarify its responsibility and pay its Honorary Debts.
YEONG'AE YAMASHITA, of Asia-Japan Women's Resource Center, speaking on behalf of Korea Women’s Associations United, said there was concern over the fact that despite strong evidence for acts of rape or other sexual violence against women in the context of armed conflicts, the vast majority of cases were not investigated, prosecuted or punished. It was frustrating to see the new cases of sexual violence occurring during armed conflict or as part of widespread or systematic attack directed against a civilian population again and again. The survivors of sexual violence needed a particular kind of remedy, since they were stigmatised, blamed, and made to suffer in silence. There was a need to study the guidelines for remedy measures including the criminalisation, investigation and prosecution of the provision for the reparation for the offences of grave sexual violence occurring during armed conflict.
JOELLE PERRACHON, of Interfaith International, said in China the inhuman torture inflicted on women of all ages and conditions who practiced Falun Gong still continued. Torture was widespread and often involved sexually humiliating and violent practices. Many women had been systematically raped and had lost their lives in the most undignified and violent manner. However, for the first time a wind of hope was blowing, and the voices of the victims had been heard by justice. Since October 2002, a trial was underway in Chicago, Illinois against Jiang Zemin and the main executioners of this repression. The Sub-Commission should intervene to put an end to this persecution and make manifest its support, so that these women could appeal to justice and so that the judicial processes underway could be brought to a fruitful end. If these victims were now appealing to justice, it was not only so that this repression ended but to protect the dignity and the fundamental rights of all women in the world.



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