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453500 | General Assembly Distr.: Limited
28 November 2001
Original: English
01-66657 (E) 291101
*0166657*
Fifty-sixth session
Third Committee
Agenda item 119 (b)
Human rights questions: human rights questions, including
alternative approaches for improving the effective enjoyment
of human rights and fundamental freedoms
South Africa:* draft resolution
The right to development
The General Assembly,
Guided by the Charter of the United Nations, expressing, in particular, the
determination to promote social progress and better standards of life in larger
freedom as well as to employ international mechanisms for the promotion of the
economic and social advancement of all peoples,
Recalling that the Declaration on the Right to Development, adopted by the
General Assembly in its resolution 41/128 of 4 December 1986, confirmed that the
right to development is an inalienable human right and that equality of opportunity
for development is a prerogative both of nations and of individuals, who make up
nations,
Recalling also that the outcome of the World Conference on Human Rights,
held in Vienna in 1993, the Vienna Declaration and Programme of Action,1
reaffirmed the right to development as a universal and inalienable right and an
integral part of all fundamental human rights,
Recalling further the outcomes of the World Summit for Social Development,
held at Copenhagen from 6 to 12 March 1995,2 and the twenty-fourth special session
of the General Assembly, entitled “World Summit for Social Development and
beyond: achieving social development for all in a globalizing world”,3 held at
Geneva from 26 June to 1 July 2001, especially as they relate to the realization of
the right to development,
Recalling its resolution 55/279 of 12 July 2001, in which it endorsed the
Brussels Declaration4 and Programme of Action for the Least Developed Countries
for the Decade 2001-2010,5 adopted by the Third United Nations Conference on
Least Developed Countries, held in Brussels from 14 to 20 May 2001, and, in this
regard, emphasizing the importance of implementation and follow-up to the Brussels
commitments,
Welcoming the report of the Secretary-General,6 in preparation for the
International Conference on Financing for Development to be held in Monterrey,
Mexico, from 18 to 22 March 2002, and expressing its hope that the Conference will
set a new partnership for financing sustainable development and for implementation
of the goals set out in the United Nations Millennium Declaration7 and other
internationally agreed development targets,
Taking note of the three studies prepared by the independent expert on the right
to development and his proposed possible approaches to the operationalization of
the right to development,
Taking note also of the report of the Open-Ended Working Group on the Right
to Development established to monitor and review progress made in the promotion
and implementation of the right to development8 and of the Chairperson’s
conclusions on the issue, as well as the comments submitted thereon,
Welcoming the commitment made by the heads of State and Government in the
United Nations Millennium Declaration to make the right to development a reality
for everyone and their resolve to create an environment, at the national and global
levels alike, which is conducive to development and to the elimination of poverty,
and their commitment to spare no effort to promote good governance and democracy
and to strengthen the rule of law as well as respect for all universally recognized
human rights and fundamental freedoms, including the right to development,
Underlining that meeting the objectives of good governance also depends on
good governance at the international level and on transparency in the financial,
monetary and trading systems and an open, equitable, rules-based, predictable and
non-discriminatory multilateral trading and financial system,
Underlining also the fact that the realization of the right to development
requires effective development policies at the national level as well as equitable
economic relations and a favourable economic environment at the international
level,
Underlining further the important role of the United Nations High
Commissioner for Human Rights in the promotion and protection of the right to
development,
Recalling the need for coordination and cooperation throughout the United
Nations system for a more effective promotion and realization of the right to
development,
Noting the outcome of the South Summit of the Group of Seventy-seven, held
in Havana from 10 to 14 April 2000, relating to the realization of the right to
development,9
1. Welcomes the holding of two sessions of the Working Group on the Right
to Development from 18 to 22 September 2000 and from 29 January to 2 February
2001, which focused on certain issues, as reflected in the report of the Open-Ended
Working Group on the Right to Development,8
and emphasizes the need to continue
deliberations on the right to development in all its aspects, inter alia, on the basis of
the report of the Working Group and the Chairperson’s conclusions, as well as
comments submitted thereon;
2. Emphasizes that, on the basis of the text of the Declaration on the Right
to Development, several resolutions and declarations adopted by consensus at
subsequent international conferences and the Vienna Declaration and Programme of
Action,1
it should now be possible to reach consensus on the full implementation of
the right to development;
3. Expresses its appreciation for the reports of the independent expert on
the right to development and his additional work on and clarifications of the
“development compact” proposal, which contributed to a better understanding of
this proposal, while recognizing that further clarification is still needed;
4. Recognizes that any development compact would be of a voluntary nature
for all parties involved and that its content would be defined on a case-by-case basis
and be adapted to the priorities and realities of any country willing to conclude such
a compact, which would need the adherence and the support of all international
actors involved in its implementation;
5. Notes the request by the Commission on Human Rights for the
independent expert to clarify further the proposed development compact, taking into
consideration views expressed during the two sessions of the Working Group and in
broad consultation with the Office of the United Nations High Commissioner for
Human Rights and United Nations funds and programmes, as well as the specialized
agencies, relevant international and regional organizations, non-governmental
organizations and, in particular, those actors and States interested in developing
pilot projects in this regard, keeping in mind:
(a) The ongoing bilateral, regional and multilateral development cooperation
programmes;
(b) The formulation of an operational model for a development compact;
(c) The views of concerned international organizations and agencies and
relevant regional institutions and actors;
(d) The need to ensure the added value of a development compact to and
complementarity with the relevant existing mechanisms;
(e) The need to address and remedy the national and international
dimensions of corruption;
(f) The need for country-specific studies both from a national and an
international perspective;
6. Reaffirms that States have the primary responsibility for the creation of
national and international conditions favourable to the realization of the right to
development and that they are committed to cooperating with each other to that end;
7. Also reaffirms that the realization of the right to development is essential
to the implementation of the Vienna Declaration and Programme of Action, which
regards all human rights as universal, indivisible, interdependent and interrelated,
and which also places the human person at the centre of development and recognizes
that while development facilitates the enjoyment of all human rights, the lack of
development may not be invoked to justify the abridgement of internationally
recognized human rights;
8. Recognizes that, in order to realize the right to development, national
action and international cooperation must reinforce each other in a manner that goes
beyond the measures for realizing each individual right, and also recognizes that
international cooperation for the realization of the right to development should be
conducted in a spirit of a partnership, in full respect of all human rights, which are
universal, indivisible, interdependent and interrelated;
9. Also recognizes that for many developing countries, the realization of the
rights to, inter alia, food, health and education may be important development entry
points to the realization of the right to development and that, in this context, the
independent expert’s concept of a development compact intends to give expression
to some basic tenets of the interdependence of all human rights and national
ownership of development strategies and development programmes, as well as the
importance of international cooperation;
10. Takes note of the ongoing discussion on the question of a suitable
permanent follow-up mechanism and the different views expressed thereon in the
Open-Ended Working Group on the Right to Development, and recognizes the need
for a discussion on this issue;
11. Stresses the necessity of establishing, at the national level, an enabling
legal, political, economic and social environment for the realization of the right to
development, and emphasizes the importance of democratic, participatory,
transparent and accountable governance, as well as the need for efficient national
mechanisms, such as national human rights commissions, to ensure respect for civil,
economic, cultural, political and social rights, without any distinction;
12. Also stresses the need to prevent, address and take effective action
against corruption, at both the national and international levels, including by
establishing a firm legal structure for eradicating corruption, and urges States to take
all necessary measures to that end;
13. Recognizes the importance of the role of the State, civil society, free and
independent media, national institutions, the private sector and other relevant
institutions in the realization of the right to development, and also recognizes a need
to continue discussion on this subject;
14. Affirms the role of women in the process of realization of the right to
development, including their role as active actors in and beneficiaries of
development, and that further actions in this context are needed to ensure the
participation of women on equal terms with men in all fields in the realization of the
right to development;
15. Also affirms the promotion of gender equality and the empowerment of
women as effective means to combat poverty, hunger and disease and to stimulate
sustainable development, as well as the importance of equal rights and opportunities
for women and men, including property rights for women and their access to bank
loans, mortgages and other forms of financial credit, taking into account the best
practices of microcredit in different parts of the world;
16. Underlines that in the process of the realization of the right to
development, special attention should be given to persons belonging to minorities,
whether national, ethnic, religious or linguistic, as well as to persons belonging to
vulnerable groups, such as elderly people, indigenous people, persons facing
discrimination on multiple grounds, Roma, migrants, persons with disabilities,
children and persons infected with human immunodeficiency virus/acquired
immunodeficiency syndrome, and that such attention should have a gender
perspective;
17. Affirms in this context that attention should also be given to the right to
development of children, with special attention to the rights of the girl child;
18. Acknowledges the need to continue discussion on the role of civil society
in the realization of the right to development and the role of national institutions in
this respect;
19. Reaffirms the need for States to cooperate with each other in ensuring
development and eliminating obstacles to development, recognizes the importance
of the international community in promoting effective international cooperation for
the realization of the right to development, and also recognizes that lasting progress
towards the implementation of the right to development requires effective
development policies at the national level, as well as equitable economic relations
and a favourable economic environment at the international level;
20. Reiterates that the gap between developed and developing countries
remains unacceptably wide, that developing countries continue to face difficulties in
participating in the globalization process, and that many risk being marginalized and
effectively excluded from its benefits;
21. Recognizes, while bearing in mind the existing efforts in this respect, that
it is necessary to enhance efforts to consider and evaluate the impact on the
enjoyment of human rights of international economic and financial issues, such as:
(a) International trade issues;
(b) Access to technology;
(c) Good governance and equity at the international level;
(d) Debt burden;
22. Notes the request by the Commission on Human Rights for the
independent expert to prepare, in consultation with all relevant United Nations
agencies and the Bretton Woods institutions, a preliminary study on the impact of
those issues on the enjoyment of human rights, starting by analysing the existing
efforts and means of assessing and evaluating such an impact, for consideration by
the Working Group at its future sessions;
23. Notes also the request by the Commission on Human Rights for the
Office of the United Nations High Commissioner for Human Rights, the specialized
agencies, funds and programmes, the international financial institutions and other
relevant actors to collaborate with the independent expert in the fulfilment of his
mandate and encourages further cooperation;
24. Notes further the request by the Commission on Human Rights for the
Working Group and the independent expert, to consider, as appropriate, the relevant
economic and developmental outcomes of the international conferences, inter alia,
the South Summit of the Group of Seventy-seven, held in Havana from 10 to
14 April 2000,9
and the follow-up thereto, in elaborating their recommendations for
the implementation of the right to development;
25. Decides to continue consideration of the issue of the right to
development, as a matter of priority, at its fifty-seventh session. | [
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792816 | United Nations A/CONF.192/PC/L.3
General Assembly Distr.: Limited
1 December 2000
Original: English
00-77708 (E) 141200
*0077708*
Preparatory Committee for the United Nations
Conference on the Illicit Trade in Small Arms
and Light Weapons in All Its Aspects
Second session
8-19 January 2001
Draft Objective of the Conference
Working paper by the Chairman of the Preparatory Committee
The Preparatory Committee recommends that the objective of the Conference
should be to develop and strengthen international efforts to prevent, combat and
eradicate the illicit trade in small arms and light weapons in all its aspects. To this
end, the aims of the Conference should be:
– To strengthen or develop norms at the global, regional and national levels that
would reinforce and further coordinate efforts to prevent and combat the illicit
trade in small arms and light weapons in all its aspects;
– To develop agreed international measures to prevent and combat illicit arms
trafficking in and manufacturing of small arms and light weapons and to
reduce excessive and destabilizing accumulations and transfers of such
weapons throughout the world;
– To put particular emphasis on the regions of the world where conflicts come to
an end and where serious problems with the proliferation of small arms and
light weapons have to be dealt with urgently;
– To mobilize the political will throughout the international community to
prevent and combat illicit transfers in and manufacturing of small arms and
light weapons in all their aspects, and raise awareness of the character and
seriousness of the interrelated problems associated with the illicit trafficking in
and manufacture of small arms and light weapons and the excessive and
destabilizing accumulation and spread of these weapons;
– To promote responsibility by States with a view to preventing the illicit export,
import, transit and retransfer of small arms and light weapons. | [
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600312 | United Nations A/61/917
General Assembly Distr.: General
21 May 2007
Original: English
07-35147 (E) 230507
*0735147*
Sixty-first session
Agenda items 68 and 117
Report of the Human Rights Council
Programme budget for the biennium 2006-2007
Reports of the Secretary-General on the revised
estimates resulting from decision S-4/101 adopted
by the Human Rights Council at its fourth special
session in 2006 (A/61/530/Add.2) and on the revised
estimates resulting from resolutions adopted by the
Council at its fourth session in 2007 (A/61/530/Add.3)
Report of the Advisory Committee on Administrative and
Budgetary Questions
1. The Advisory Committee has considered the reports of the Secretary-General
on the revised estimates resulting from decision S-4/101 adopted by the Human
Rights Council at its fourth special session in 2006 (A/61/530/Add.2) and on the
revised estimates resulting from resolutions adopted by the Council at its fourth
session in 2007 (A/61/530/Add.3).
2. As noted in the report of the Secretary-General on the revised estimates
resulting from decision S-4/101 adopted by the Human Rights Council at its fourth
special session in 2006 (A/61/530/Add.2), the adoption of the decision gives rise to
estimated requirements in the amount of $347,200 for the biennium 2006-2007 to
implement the activities outlined in paragraph 5 of the report of the SecretaryGeneral.
3. The Advisory Committee notes from paragraph 7 of the report that revised
programme budget implications were not presented prior to the introduction and
adoption of the draft decision presented by the President of the Human Rights
Council. Consequently, the Council was informed that the General Assembly would
be informed of the estimated resources required to implement the decision (see
A/HRC/S-4/5, para. 12). It is envisaged that the estimated expenditures will be
accommodated from within existing resources under section 23, Human rights, of
the programme budget for the biennium 2006-2007.
07-35147
4. The Advisory Committee recommends that the General Assembly take
note of the above-mentioned report of the Secretary-General (A/61/530/Add.2).
5. As noted in the report of the Secretary-General on the revised estimates
resulting from resolutions adopted by the Human Rights Council at its fourth
session in 2007 (A/61/530/Add.3), the adoption of resolutions 4/4 and 4/8 gives rise
to estimated requirements of $434,600. In accordance with rule 153 of the rules of
procedure of the General Assembly, the Council was provided with a statement of
programme budget implications prior to the adoption of the resolutions.
6. A summary of the requirements is provided in the annex to the report of the
Secretary-General. With regard to Council resolution 4/8, the Secretary-General
intends to accommodate $360,300, to the extent possible, from within the resources
already appropriated under the programme budget for the biennium 2006-2007. Any
additional requirements would be reported in the context of the second performance
report of the programme budget for the biennium 2006-2007. With regard to
Council resolution 4/4, an amount of $74,300 is projected to be required for the
biennium 2008-2009 and will be considered in accordance with established
procedures under General Assembly resolutions 41/213 and 42/211.
7. The Advisory Committee recommends that the General Assembly take
note of the fact that the implementation of Council resolution 4/8 would give
rise to additional requirements in the amount of $360,300 under sections 2, 23
and 28E of the programme budget for the biennium 2006-2007, which would be
accommodated, to the extent possible, within the existing appropriation, and
that the Secretary-General intends to report in the context of the second
performance report of the programme budget for the biennium 2006-2007 on
any additional requirements (A/61/530/Add.3, sect. IV (a)).
8. The Advisory Committee recommends that the General Assembly take
note of the fact that the implementation of Council resolution 4/4 would give
rise to additional requirements in the amount of $74,300 under sections 2, 23
and 28E of the proposed programme budget for the biennium 2008-2009, and
that those requirements would be considered when the Assembly takes up the
proposed 2008-2009 programme budget and the related contingency fund
(A/61/530/Add.3, sect. IV (b)). | [
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450842 | United Nations A/56/337
General Assembly Distr.: General
6 September 2001
Original: English
01-53477 (E) 121001
*0153477*
Fifty-sixth session
Items 57 and 131 (e) of the provisional agenda*
The situation in East Timor during its transition
to independence
Human rights questions: report of the United Nations
High Commissioner for Human Rights
Situation of human rights in East Timor
Note by the Secretary-General**
The Secretary-General has the honour to transmit to the members of the
General Assembly the report of the United Nations High Commissioner for Human
Rights on the situation of human rights in East Timor.
* A/56/150.
** In accordance with General Assembly resolution 55/222, part III, para. 10, this report is being
submitted on 6 September 2001 so as to include as much updated information as possible.
Interim report of the United Nations High Commissioner
for Human Rights on the situationof human rights in
East Timor
Contents
Paragraphs Page
I. Introduction .......................................................... 1–3 3
II. Activities of the Office of the United Nations High Commissioner for Human
Rights ............................................................... 4–11 3
A. Follow-up to the visit of the High Commissioner to East Timor ............ 4 3
B. Follow-up to the visit of the High Commissioner to Indonesia regarding
matters pertaining to East Timor ..................................... 5 3
C. Technical cooperation between the Office of the United Nations High
Commissioner for Human Rights and the United Nations Transitional
Administration in East Timor ........................................ 6–11 4
III. The human rights situation in East Timor and related activities................. 12–61 5
A. Status of investigations and prosecution of serious crimes committed in East
Timor in 1999 .................................................... 13–18 5
B. Capacity-building ................................................. 19–38 6
C. The reception, truth and reconciliation process.......................... 39–43 9
D. The protection of ethnic and religious minorities and other vulnerable
groups........................................................... 44–56 10
E. Political issues affecting human rights................................. 57–61 12
IV. Ongoing and future key areas of work to promote and protect human rights in
East Timor 62–76 13
V. Recommendations ..................................................... 77–100 15
I. Introduction
1. At the fifty-seventh session of the Commission on
Human Rights, the Chairperson of the Commission
issued a statement on the situation of human rights in
East Timor, in which the United Nations High
Commissioner for Human Rights was requested to
submit an interim report to the General Assembly at its
fifty-sixth session and to report to the Commission at
its fifty-eighth session. The statement of the
Chairperson was endorsed by the Economic and Social
Council at its substantive session of 2001.
2. The High Commissioner submitted a report to the
Commission at its fifty-seventh session
(E/CN.4/2001/37), in which she noted, inter alia, that a
project of technical cooperation between the Office of
the United Nations High Commissioner for Human
Rights (OHCHR) and the Human Rights Unit of the
United Nations Transitional Administration in East
Timor (UNTAET)1
was to be implemented during
2001.
3. The present report is submitted pursuant to the
request contained in the Chairperson’s statement and
provides information on developments since the
issuance of the statement.
II. Activities of the Office of the
United Nations High Commissioner
for Human Rights
A. Follow-up to the visit of the High
Commissioner to East Timor
4. The High Commissioner visited East Timor in
August 2000. In order to follow up on a number of
concerns that arose during her visit, the High
Commissioner appointed a personal consultant for East
Timor, Shanthi Dairiam, Director of the Malaysiabased International Women’s Rights Action Watch
(Asia Pacific). The personal consultant visited East
Timor from 29 October to 15 November 2000 and
reported to the High Commissioner on, inter alia,
appropriate action to be taken to encourage the
voluntary return of refugees from West Timor to East
Timor and modalities to assist in tracing persons
missing since the violence of 1999. The High
Commissioner has provided the present report to
UNTAET and relevant United Nations agencies, funds
and programmes with a view to assisting their work in
East Timor. The High Commissioner has also provided
the Government of Indonesia with the report. She has
received positive feedback on the report from a number
of United Nations agencies, funds and programmes.
B. Follow-up to the visit of the High
Commissioner to Indonesia regarding
matters pertaining to East Timor
5. During the High Commissioner’s visit to
Indonesia on 22 and 23 November 2000, the then
Attorney-General, Marzuki Darusman, informed the
High Commissioner that the Indonesian House of
Representatives (DPR) had adopted the Law on Human
Rights Tribunals on 6 November 2000. Pursuant to that
legislation, an ad hoc tribunal was to be set up to hear
cases of East Timor-related violations of human rights
in 1999. The Attorney-General also informed the High
Commissioner that dossiers had been prepared on 14
persons suspected of committing serious crimes in the
1999 violence and requested the High Commissioner to
provide technical assistance to support the
investigation and prosecution of the human rights
violations that had taken place at that time. It was
intended that OHCHR would commence its provision
of technical assistance in mid-2001 which would
include training for judges, prosecutors and defence
counsellors and ad hoc judges and ad hoc prosecutors
of the ad hoc human rights court. The purpose of that
cooperation was to train a cadre of judicial and legal
professionals who would be able to act as a catalyst of
change within the administration of justice system. At
the time of writing, however, OHCHR had yet to
commence implementation of the proposed cooperation
activities pending revision of Presidential Decree
Number 53 of 23 April 2001, which had established an
ad hoc court to try the East Timorese cases, so as to
incorporate a reference to cases that had taken place
prior to the popular consultation held in East Timor on
30 August 1999. As currently drafted, the Presidential
Decree provides only for prosecution of alleged
violations that took place after the popular
consultation.
C. Technical cooperation between the
Office of the United Nations High
Commissioner for Human Rights and
the United Nations Transitional
Administration in East Timor
6. In April 2001, an agreement concerning a
technical cooperation project to strengthen national
infrastructure for the promotion and protection of
human rights in East Timor was signed by the High
Commissioner and the Special Representative of the
Secretary-General for East Timor. That project, funded
by the Government of Ireland, includes the following
activities:
(a) Human rights training for East Timorese
and international Professional staff of the Human
Rights Unit of UNTAET and East Timorese nongovernmental organizations;
(b) Human rights training for the East Timorese
Police Service and the United Nations Civilian Police
component;
(c) Human rights training for East Timorese
judges, prosecutors and public defenders;
(d) Promotion of human rights activities, to
include funding for the purchase, translation and
dissemination of international human rights educational
and training materials;
(e) Legal advice and assistance on particular
issues, cases and draft legislation to ensure conformity
with international human rights standards;
(f) Assistance with the establishment of a
commission on reception, truth and reconciliation; and
(g) Assistance with promoting ratification of
and compliance with the principal international human
rights instruments.
7. In late May 2001, an OHCHR expert travelled to
East Timor to provide human rights training on the
methodology of monitoring, investigation and
protection to East Timorese district human rights
officer interns recruited by the Human Rights Unit.
Topics included international human rights norms,
identification of human rights violations, monitoring
principles, methodological aspects of informationgathering and verification, interviewing, reporting and
witness protection. The topics were illustrated through
practical exercises and case studies and involved two
days’ fieldwork followed by a systematic review. The
East Timorese district human rights officer interns
participated actively in the training, showing a very
keen interest in learning new skills or improving
existing ones. The possibility of subsequent training
once the participants had had sufficient opportunity to
apply their skills and identify areas that required
further improvement or development was considered
desirable. OHCHR provided the Human Rights Unit
with a set of training materials covering a wide range
of subjects for further reference, training or follow-up
use and these are to be translated into the Tetun
language.
8. In early June 2001, OHCHR, the Human Rights
Unit, the East Timorese Police Service and the Civilian
Police organized two training courses on human rights
in law enforcement, one for the East Timorese Police
Service and the other for the Civilian Police. Three
police training experts from India, the United Kingdom
of Great Britain and Northern Ireland and OHCHR
assisted at both workshops. Topics included nondiscrimination, women and the administration of
justice, civil policing in the democratic order, human
rights and police investigations, human rights during
arrest and detention, use of force and firearms and how
to incorporate human rights into a police training
curriculum. Thirty-two officers from the East Timorese
Police Service participated in the first training course,
which lasted five days. Though this was their first
exposure to human rights training, there was a very
positive response to the training. Forty-four Civilian
Police officers from more than a dozen countries
participated in a four-day training course that followed
the course for the East Timorese Police Service. For
many of the international participants, this was also
their first exposure to comprehensive human rights
training for police and the international standards
adopted by the United Nations concerning criminal
justice. The response to the course was extremely
positive and discussions were held with the United
Nations Police Commissioner and the Human Rights
Unit regarding concrete follow-up action. The Human
Rights Unit has undertaken to produce pocket-sized
cards for all police in East Timor, outlining arrest
rights, which will be printed in four languages.
9. Ongoing activities connected with the project
include the purchase, translation into Tetun and Bahasa
Indonesia and dissemination of international
educational and training materials on human rights,
legal advice and assistance to ensure that draft
legislation is in accordance with international human
rights standards and technical assistance to the
reception, truth and reconciliation process.
10. The two remaining activities, human rights
training for East Timorese judges, prosecutors and
public defenders and assistance in promoting
ratification of and compliance with the principal
international human rights instruments, are still to be
scheduled for implementation during the course of
2001.
11. OHCHR continues to seek methods to improve its
support to the Human Rights Unit, including
dissemination of information on United Nations human
rights machinery, comparative information on
implementation of international human rights standards
and the selection of candidates for posts within the
Unit. On 3 July 2001, the Director of the Unit travelled
to Geneva to discuss with OHCHR the ongoing and
future key areas of work for a United Nations human
rights presence in East Timor (see paras. 62-75).
III. The human rights situation in East
Timor and related activities
12. The information upon which this section is based
has been provided by UNTAET.
A. Status of investigations and
prosecution of serious crimes
committed in East Timor in 1999
13. It is estimated that the crimes arising from the
1999 violence in East Timor number in the thousands,
with many alleged perpetrators remaining in refugee
camps in West Timor. Some 400-500 files in
connection with the 1999 violence currently remain
open with the Serious Crimes Unit of the East
Timorese Transitional Administration (ETTA).2 Many
of those files concern several alleged offences.
UNTAET considers that countless serious crimes
remain unreported or need to be evaluated to determine
if a file should be opened.
14. A lack of resources, both human and material, in
the Serious Crimes Unit has continued to prevent
investigations from being undertaken in connection
with the overwhelming majority of crimes against
humanity committed in 1999. At the time of writing, 26
indictments had been issued against 46 accused
persons, with 20 being charged with crimes against
humanity (including murder, deportation and rape).
Eight trials for murder, attempted murder or
manslaughter had been concluded, with seven
convictions and one acquittal. Sentences have ranged
from 7 to 13 years’ imprisonment.
15. The first trial for crimes against humanity, the
Los Palos case, began on 3 July 2001. The indictment
includes the forced deportation of the residents of the
village of Leuro to West Timor on 8 September 1999,
the murders of a group of clergy who had been
distributing food and medicine on 25 September 1999
and a number of other individual murders.
16. The Human Rights Unit provides information on
specific cases to both the Serious Crimes Unit and the
Civilian Police to assist them in pursuing cases.
However, that information concerns only individual
cases and no record yet exists that can provide a
general description of the events that took place in
1999, from the political climate before the popular
consultation to an estimate of the number and types of
crime that were committed. UNTAET and district
human rights officers of the Human Rights Unit are
therefore currently engaged in gathering such
information, which the Unit will compile into a
comprehensive record of events. It is intended that that
record would be available for use by, inter alia, the
Reception, Truth and Reconciliation Commission, the
Serious Crimes Unit, the Civilian Police, the East
Timorese Police Service and other researchers.
17. In Indonesia, on 23 April 2001, the President of
the Republic of Indonesia signed a decree establishing
an ad hoc tribunal to hear cases of human rights
violations committed in East Timor. As noted in
paragraph 5, however, the Decree establishing the court
limited its temporal jurisdiction to those cases which
occurred after the popular consultation on 30 August
1999. As a result, the court cannot hear cases of human
rights violations that occurred prior to the vote. Those
cases include the Liquisa Church killings of 6 April
1999, during which non-governmental organizations
estimate that at least 57 people were killed, and the
attack on the house of Manuel Carrascalao of 17 April
1999, in which at least 12 people are believed to have
been killed. The Government of Indonesia has agreed
to review the court’s jurisdiction, but as yet this has not
been done and the ad hoc tribunal has not been
established. Accordingly, this means that not one case
that occurred during the 1999 violence, either before or
after the vote, has been prosecuted. UNTAET has
expressed its serious concern and disappointment at the
restriction on jurisdiction.
18. UNTAET further reports that, in addition to
failing to pursue vigorously its own prosecutions, the
Government of Indonesia has not cooperated
adequately with the prosecutions of the ETTA Serious
Crimes Unit. On 9 April 2001, the Chief Prosecutor of
the Unit forwarded four arrest warrants to the
Attorney-General of Indonesia but as yet no response
has been received.
B. Capacity-building
1. Access to justice
19. Prior to the popular consultation, the judiciary
was staffed almost exclusively by Indonesian civil
servants. Only one East Timorese had ever served as a
judge, and that only since 1998; one East Timorese had
worked as a prosecutor and only a few of the East
Timorese who had obtained law degrees had been
permitted to practise law. Those professionals, together
with a small number of international staff, now serve as
judges, prosecutors and public defenders within the
East Timorese judicial system.
20. Four district courts (Dili, Baucau, Oecussi and
Suai) and two serious crimes panels have been
established to try the serious crimes3
of 1999.
However, only one serious crimes panel is actually
functioning. This is due to the requirement that an East
Timorese judge sit on each panel and as yet only one
East Timorese judge has been assigned to do so. The
lack of East Timorese judicial and legal officials4
has
produced a situation where the Dili District Court is the
only fully functioning court.5
This dire shortage of
qualified judicial and legal personnel has extremely
serious consequences. For example, UNTAET reports
that at the end of January 2001 approximately 103
serious crime detainees were being held unlawfully
because their detention orders had expired owing, inter
alia, to lack of access to legal counsel. The Serious
Crimes Unit has made significant efforts to address the
issue, however, and at present, there are no serious
crime detainees being held on expired detention orders.
Concerns remain, however, over the functioning of the
ordinary courts. In that respect, UNTAET has also
reported that access to legal counsel is limited and
suspects are often held for weeks or months before
seeing a public defender. In fact, 74 detainees charged
with “ordinary” crimes are currently being held on
expired detention orders. Since 12 public defenders
cannot service four courts in East Timor,6
there are
instances where, owing to sudden increased demands
on the judicial system, persons taken into custody may
be held for short periods of time after their detention
warrants have expired before they are brought before
the courts.
21. Concerns also remain as to the actual competence
of those few personnel who are in service. Though the
Department of Justice has put in place a framework for
ongoing training for judges, prosecutors, public
defenders and court registry staff and the International
Development Institute is offering a week of training for
every month of service in criminal, civil and
procedural matters, some judges have complained that
appropriate training has not always been provided. The
international judicial mentoring system has also not
been as effective as hoped. The situation is
compounded by the difficulty for members of the
judiciary to devote time to training, given their
demanding professional schedules.
22. In other cases, and because, for instance, of the
pressure to release detainees whose warrants have
expired, judges have released suspects charged
pursuant to allegations of serious crimes, sometimes
unconditionally or on inappropriate conditions. In two
instances, the releases came unexpectedly and the
decision to release the suspect seemed, on the face of
the evidence available, questionable. UNTAET had to
act quickly and gathered the receiving community
together to try and contain any possible violent reaction
to the release of the alleged murderers.
23. While it is clear that the primary issue with
respect to providing access to justice in East Timor is
the lack of trained personnel and resources, there are
other concerns, the origins of which stem from 25
years of Indonesian occupation and a discredited
judiciary that did little to protect the rights of East
Timorese. The population is understandably suspicious
of both the police and the judiciary. As a result, East
Timorese continue to resort to traditional dispute
resolution mechanisms involving different approaches
depending on the community and its leaders. In some
cases, serious crimes are dealt with through that
mechanism, often leaving the victim without either any
real access to justice or appropriate remedy or, worse
still, resulting in other human rights abuses. The
burden resulting from such practices falls
disproportionately on the shoulders of the weakest
members of society, in particular women (see para. 46).
24. In addition, it is reported that East Timorese
judges and prosecutors are coming under increasing
political pressure and that there have been cases of
judges and prosecutors being subjected to threats and
intimidation both in the courts and in their homes. For
instance, the arrests that followed the violence between
rival groups and opposing villages in the districts of
Viqueque and Baucau in April 2001 resulted in serious
intimidation and threats from villagers to the judges
who heard the subsequent trials. In an attempt to assist
in resolving the problem, therefore, an experienced
international judge was recently deployed to Baucau on
a permanent basis to help the less experienced East
Timorese judges to deal with such threats and
intimidation. UNTAET is working to ensure that
security is provided to judges and prosecutors and that
arrests are made in such cases, and the Civilian Police
now maintain a permanent presence in the court during
working hours
25. Some of the pressures on judges are not so
blatant. UNTAET reports that members of the
community who enjoy a certain standing, such as
priests, teachers, former members of the Armed Forces
for National Liberation of East Timor (FALINTIL) or
of the National Council of East Timorese Resistance
(CNRT) are, in some cases, not vigorously prosecuted
for criminal acts and it is thought that this may be due
to a fear of repercussions on the part of the judges. To
add to the pressure, a district court judge earns the
equivalent of $361 per month compared with a salary
of $2,000 per month authorized for Cabinet members
in June 2000 when ETTA was formed. The low salaries
of East Timorese judges may leave them vulnerable to
external pressure and work against security of tenure.
26. The Human Rights Unit works with the ETTA
Department of Justice to meet the enormous challenges
of creating and developing an independent functioning
judiciary from the ground up. As a result of its role in
monitoring the progress of the courts, the Human
Rights Unit provides information on crucial issues that
need to be addressed. In addition, the Unit has
provided advice on the recruitment of public defenders
and highlighted the need for a secure and safe
environment in court. Over the coming months, the
Unit will also be working to enhance East Timorese
confidence in the judiciary, first, by providing
information to communities on the functioning of the
judiciary and their rights on arrest. It will then, in
cooperation with OHCHR, provide human rights
training to the judiciary, prosecutors and public
defenders on issues shown to be relevant by the Unit’s
monitoring process.
2. The legislative framework
27. The Human Rights Unit is a member of the
Legislation Committee of the East Timorese Cabinet
(composed of East Timorese and international
representatives), which advises the Cabinet on the
drafting of legislation. The Human Rights Unit reviews
proposed legislation to try and ensure that legislation
adopted is in accordance with international human
rights standards. In recent months, the Unit has made
major contributions to a wide variety of proposed
legislation, including regulations on the reception, truth
and reconciliation commission, the constitutional
commission, prison and police services, the defence
force, legal aid, political party registration, firearms
and weapons, traffic regulations, travel documents,
four labour regulations, the ombudsman office,
administrative evictions, public demonstrations and the
judicial and prosecutorial codes of conduct.
3. Elections and the constitutional process
28. Elections for the Constituent Assembly have been
scheduled for 30 August 2001. The Assembly has a
recommended mandate of 90 days after the swearing in
of its members to draft and adopt a constitution. The
mandate of 90 days is not an absolute requirement,
however, as the Assembly could decide to extend it.
29. A short-term consultation process has been
established to ascertain the wishes of the East Timorese
in relation to the constitution.7
In each district, five to
seven constitutional commissioners have been
appointed to conduct the consultations. Each district
panel of commissioners is to conduct at least one
public hearing in each sub-district between mid-June
and mid-July. A rapporteur and a constitutional adviser
have been appointed to assist each district panel. All
commissioners, rapporteurs and advisers are East
Timorese. The commissioners are to prepare a report
on the consultations to be given to the Transitional
Administrator. Once the Constituent Assembly is
established, the report of the consultations is to be
submitted to it for consideration. A number of
UNTAET components are working to support the
process.
30. Given the short period in which consultations are
to take place and the limited information available to
the community concerning both the subject matter of
the consultation process and the process itself, the
Human Rights Unit has been working with a coalition
of non-governmental organizations to mount an
information campaign concerning the nature of a
constitution, relevant human rights issues and the
rights of the East Timorese in the process. In June
2001, the Human Rights Unit assisted a coalition of
non-governmental organizations, the NGO Working
Group, to convene a one-day conference on the
constitutional process, “Together Building a
Constitution for East Timor”. Experts from Fiji, South
Africa and Thailand spoke of their experiences in
seeking to ensure popular involvement in all aspects of
constitution-making. East Timorese speakers from
political parties, the church and the university were
also invited to debate the current process in East Timor.
Approximately 180 persons attended the conference.
Also organized with the NGO Working Group was a
one-day workshop on women and the constitution to
discuss means of maximizing women’s involvement in
the constitution-making process and of ensuring that
women’s rights and interests are reflected in the
Constitution itself.
31. The Human Rights Unit also supports the NGO
Working Group more generally in its work of ensuring
that education on the constitution is a long-term
process, rather than something that will end with the
election of the Constituent Assembly. Activities after
the election will include discussions and advocacy with
political parties and members of the Constituent
Assembly on a number of issues, including the
possibility of an interim constitution as a means to
achieve a more comprehensive consultation process.
Community education on constitutional issues will also
continue. In that connection, the NGO Working Group
is producing, with the help of the Human Rights Unit, a
series of basic and accessible pamphlets in Tetun and
Bahasa Indonesia on issues relating to constitutions,
including the nature of a constitution and the human
rights issues to be safeguarded in a constitution. The
first pamphlet, which discusses the nature of a
constitution, has already been completed in Tetun and
Bahasa Indonesia and has been distributed widely
throughout East Timor. The second pamphlet, on
human rights and the constitution, is currently being
finalized.
32. The Human Rights Unit has also been actively
involved in the training of those conducting the
consultations, including the training of the eight
trainers who in turn will train the constitutional
commissioners. The training not only covered the
human rights aspects of the consultation process itself
(emphasizing, inter alia, rights of participation,
freedom of speech, equality rights and minority rights),
but also provided an overview of the ways in which
human rights issues might arise during the consultation
process itself. More intensive input was provided for
the training of the 13 constitutional advisers. Topics
covered included identifying human rights concerns
and dealing with human rights issues to be included in
the constitution. The Human Rights Unit will be
monitoring the operation of the constitutional
commissions and liaising with them to provide further
assistance throughout the whole consultative process.
33. The Human Rights Unit is also considering the
situation of human rights in the context of the
upcoming elections. In view of the short timescale and
the concerns regarding potential political violence, the
Unit has produced a leaflet on human rights and
democracy to increase awareness about fundamental
human rights, such as freedom of speech and assembly,
the right to participate in public life and to hold elected
office, and non-discrimination principles. The leaflet
will be distributed by the district human rights officers
and the non-governmental organizations in all districts
and will be used in continuing human rights training
organized by the Human Rights Unit. The Unit is also
working on ensuring that human rights violations
committed in the context of the elections are monitored
and reported. Furthermore, the Unit is working with the
Civilian Police and the Independent Electoral
Commission to establish a system for effective and
coordinated reporting during the run up to and on
election day itself.
4. Civil society and non-governmental
organizations
34. In addition to the specific issue-based activities
noted above (see paras. 30-33), the Human Rights Unit
continues to conduct a number of activities to support
the strengthening of civil society, in particular human
rights organizations. Following the holding in 2000 of
general human rights training in the districts with a
wide range of participants, the Unit in 2001 developed
a series of training courses for specific groups. In April
2001, the Unit focused on a national training of trainers
course, to which the district human rights officers
nominated candidates from their districts whom they
believed would be able to use their skills to train
others. The district human rights officers continue to
follow up on the training by providing support to the
“trained trainers” to conduct smaller training courses in
their own districts.
35. As an integral part of its training programme, the
Human Rights Unit has hired East Timorese district
human rights officer interns for each of the districts
(see para. 7). The interns work side by side with the
international district human rights officers to build the
capacity of East Timorese to become human rights
advocates.
36. One major goal of UNTAET is to ensure that a
human rights presence remains in each of the districts
after the departure of UNTAET. Therefore, either a
non-governmental organization or a loosely formed
human rights organization has been established with
the support of the district human rights officers in each
of the Aileu, Ainaro, Bobonaro and Covalima districts.
Support has included the allocation of funds,
participation in informal training on human rights by
district human rights officers and by the organization
itself in the villages and subdistricts, the dissemination
of human rights materials, the training of police and the
development of an East Timorese human rights manual.
UNTAET is working to ensure that those it trains and
works with over the coming months will take the lead
in protecting and promoting human rights in East
Timor in the future.
37. With financial assistance provided by OHCHR,
UNTAET is disseminating international human rights
promotional and training materials in Tetun and Bahasa
Indonesia throughout East Timor. The training team is
finalizing negotiations with human rights nongovernmental organizations in Indonesia to translate
and publish a number of human rights materials, to
include booklets containing various international
instruments on, for example, the Universal Declaration
of Human Rights (General Assembly resolution 217 A
(III)), the International Covenant on Civil and Political
Rights and the International Covenant on Economic,
Social and Cultural Rights (see resolution 2200 A
(XXI), annex), the Convention on the Elimination of
Discrimination against Women (resolution 34/180
(annex)) and the Declaration on the Elimination of
Violence against Women (see resolution 48/104), the
Convention on the Rights of the Child (resolution
44/25, annex), the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or
Punishment (resolution 39/46, annex) and the
International Convention on the Elimination of All
Forms of Racial Discrimination (resolution 2106 A
(XX), annex).
38. In addition to training East Timorese counterparts
and disseminating promotional material, the Human
Rights Unit is developing a means by which the
information collated and analysed by it and that of East
Timorese non-governmental organizations will be
preserved in an accessible format for future use. In that
regard, the Unit is in the process of determining the
needs of East Timorese human rights nongovernmental organizations, whether for training,
hardware or databases, and is working with the nongovernmental organization Fokupers on a database to
track cases of violence against women. It is also
anticipated that the Unit will play a significant role in
the establishment of a database for the Reception,
Truth and Reconciliation Commission.
C. The reception, truth and reconciliation
process
39. On 20 June 2001, the East Timorese National
Council unanimously adopted a regulation establishing
the Reception, Truth and Reconciliation Commission in
East Timor. Subject to funding, it is currently
envisaged that the Commission will be operational by
the end of 2001.
40. The Commission was first proposed by CNRT in
June 2000 and was endorsed by the CNRT Congress.
The Human Rights Unit assisted in the further
development of the proposal by supporting a steering
committee, which undertook the preparatory work
leading up to the adoption of the regulation. The
committee consisted of representatives of CNRT and
key East Timorese human rights non-governmental
organizations, namely, Fokupers, Yayasan HAK,
ETWAVE, the Justice and Peace Commission of Dili
Diocese and the Association of Ex-Political Prisoners.
The Committee benefited from the assistance of
UNHCR, the Political and Legal Units of UNTAET and
the input of two international experts on truth and
reconciliation commissions. It undertook a national
consultation, visiting all 13 districts, and consulted
East Timorese judges, the Officeof the General
Prosecutor, public defenders, political parties and other
stakeholders.
41. The Commission will have two broad functions.
The first will be a truth-telling mechanism in which
witnesses and victims of human rights abuses will give
testimony, promoting healing, and contribute to the
compilation of a national history and recommendations
on legal and institutional reforms that will safeguard
human rights in the future. There will be no provision
for amnesty.
42. The second major function will be to promote
community reconciliation by dealing with the many
thousands of East Timorese who were involved in lowlevel crimes in 1999 and periods before by means of a
community-based mechanism rather than the courts.
Under those procedures perpetrators will approach the
Commission which will form a panel to include local
leaders from the community concerned. Victims,
witnesses and the community will participate in a
hearing and the panel will decide on an appropriate act
of reconciliation, which may take the form of
community service, repayment, public apology or other
act, but must comply with international human rights
norms and be proportional to the offence. The decision
of the panel will be registered as a court order and once
satisfactorily discharged will exempt the perpetrator
from further civil or criminal liability. The courts will
deal with serious crimes such as murder, rape or
organizing large-scale violence.
43. The community mechanisms are intended to be
cheaper and faster than the already overburdened
fledgling justice system, will involve the community in
the process and will assist reconciliation in a practical
way. As the majority of the ex-militia in West Timor
are low-level perpetrators, it is hoped that the
Commission process will be an incentive for them to
return to their communities safely.
D. The protection of ethnic and religious
minorities and other vulnerable groups
44. The Human Rights Unit, through its office in Dili
and its district human rights officers, continues to
address the need for protection of particular vulnerable
groups, the security of East Timorese refugees
returning from West Timor and violence against
women.
1. The protection of ethnic and religious
minorities
45. The future of minorities in East Timor is
uncertain. Currently, there are no regulations governing
their status. The border regulation stipulates that a
renewable three-month visa is required for persons who
wish to reside in East Timor unless such individuals
were born in East Timor before December 1975, were
born outside East Timor but with one parent or
grandparent born in East Timor before 1975 or are the
spouse or the dependent child under 18 of a person who
falls under the other two categories. This includes
persons who resided in East Timor on a permanent
basis before the popular consultation and includes, for
example, the case of an ethnic Chinese businessman
who moved to East Timor with his Chinese wife in
1982, bore and raised three children, purchased two
properties and developed a private business in East
Timor. A second matter of concern relates to the fate of
Muslims, approximately 240 of whom remain in the
Dili Mosque. The Muslims fled to West Timor with
other refugees following the violence surrounding the
popular consultation, but returned to the Dili Mosque
soon after the violence. As there are no protection
mechanisms for minorities, they fear for their safety if
they try to return to their homes.
2. Human rights violations against women;
women’s rights as human rights
46. Though the legal position is that violence against
women is a crime, non-governmental organizations
have reported that the judicial system (including the
Civilian Police and the Timorese Police) have not, in
some cases, pursued matters involving violence against
women vigorously. Furthermore, there is a perception
that some elements of Timorese society wish to deal
with such crimes more leniently by using traditional
dispute resolution mechanisms. This contributes to a
culture in which such offences are not considered as
serious as they are treated in the applicable criminal
law and fall short of international standards. The
Civilian Police has, however, taken a number of
initiatives to address the issue, including the setting up
of the Vulnerable Persons Unit to deal with cases of
violence against women and other vulnerable groups.
To date, only the Dili District Vulnerable Persons Unit
has adequate resources to deal with such cases. There
are continuing problems, however, with nongovernmental organizations’ reports of gender bias in
court proceedings, which result in the unfair
administration of justice for victims of violence against
women.
47. Traditionally, women have not been encouraged
to participate in public life in East Timor. “Public life”
ranges from simply working outside the home to
participating in government or political structures. The
ETTA Gender Affairs Unit takes the lead on this issue,
providing training to women entering public service
and ensuring that women are represented in the newly
created structures of East Timorese civil society and
government. The Human Rights Unit works to support
their initiatives, in particular, by mainstreaming
women’s and gender issues in its training on human
rights and assisting non-governmental organizations in
its strategic plans to address women’s issues. For
example, the Human Rights Unit has included nondiscrimination and women’s rights in its training and
has also invited women’s organizations to make
presentations on their work. Nearly 50 per cent of the
participants in the training have been women and the
Human Rights Unit welcomed their active
participation. The Unit also ensured that the steering
committee that drafted the regulation for the
establishment of a Reception, Truth and Reconciliation
Commission included female members from leading
women’s non-governmental organizations and the
Commission itself has been formed in such a way as to
ensure that women survivors will testify. For instance,
gender guidelines will be distributed for the
commissioners to follow, some cases will be held in
camera (cases involving women are particularly
envisaged), 30 per cent of the national and regional
commissioners will be women and ETWAVE is
represented on the panel selecting the commissioners.
48. The Human Rights Unit has assisted Fokupers, a
non-governmental organization focusing specifically
on women’s issues, to create a database to track
violence against women and also the cases of women
whose partners were killed, detained or tortured in
1999. The Unit is able to pass that information to the
Serious Crimes Unit and facilitates the relationship
between non-governmental organizations and that Unit.
There are currently at least 114 known cases of rape
that occurred during the violence surrounding the
popular consultation in 1999, attributable mostly to
militia groups. The Serious Crimes Unit estimates that,
as investigations continue, that figure will increase
significantly. At the beginning of February 2001, five
suspects were indicted on charges of crimes against
humanity, including rape. This was the first indictment
for crimes against humanity in East Timor where rape
was included as one of the crimes.
49. In order to ensure a continuum of support for
women who suffered as a result of the violence in
1999, the Human Rights Unit also links survivors to
non-governmental organizations for, among other
things, trauma counselling, planning and finding
resources for future support. The Unit has facilitated
the establishment of or provided support to women
survivors’ self-help groups in Covalima, Maliana,
Bobonaro and Liquisa districts. It also liaises with
Indonesian non-governmental organizations, including
organizations in West Timor, and with the Indonesian
National Human Rights Commission, the Indonesian
Commission on the Elimination of Violence against
Women and the Indonesian Commission on Child
Rights in connection with ongoing cases of violence
against women in West Timor.
50. Further progress has been made with Ratelaek, a
women survivors’ group in Liquisa, which has
completed a project supported by the Office for
Transition Initiatives of the United States Agency for
International Development and planned with the
Human Rights Unit. The project includes the
establishment of a cooperative, which runs a restaurant
and a shop, an exchange visit to other survivors’
groups in Maliana and Suai, financial management
training and an exhibition on the contribution of East
Timorese women to the independence struggle.
3. East Timorese refugees
51. According to UNHCR figures, as at 15 June
2001, 180,662 refugees had returned from West Timor
to East Timor. Estimates of the number of refugees
remaining in West Timor range from 90,000 to
130,000. Many refugees remain fearful to return
because of misinformation in the refugee camps that
leads them to believe that fighting is continuing in East
Timor and it is not safe for them to return.
52. On 6 and 7 June 2001, the Government of
Indonesia conducted registration of refugees in West
Timor. Refugees were required to register and to
indicate whether or not they wanted to stay in
Indonesia or be repatriated to East Timor. Information
about the process was conveyed by camp leaders and
members of the Union of East Timorese Heroes
(UNITAS) (a political grouping composed of East
Timorese parties in favour of the integration of East
Timor with West Timor). Only heads of family were
entitled to vote.
53. Preliminary results announced by the
Government of Indonesia confirmed the registration of
113,794 refugees, with 111,540, or 98.02 per cent,
electing to stay in Indonesia and only 1,250, or 1.1 per
cent seeking to return. Many commentators have
surmised that it is likely that a large number of
refugees voted to stay in Indonesia due to fear of
reprisal by militia and/or because they were not yet
ready to return to East Timor, wanting instead to wait
for the outcome of the 30 August elections, which
would allow them to make an assessment of the
chances of intimidation against returnees. This was
confirmed by the 12 international observers of the
process who concluded in their report that, although
the procedures respected confidentiality and integrity:8
“The overwhelming majority of refugees
interviewed held high expectations of the
assistance that was to be provided to those opting
to stay in Indonesia. Opting for return was widely
understood as meaning that they would have to do
so almost immediately, thereby, as explained by
the refugees, forfeiting the right to any severance
package for government employees or preventing
children in school from taking exams.”
54. The Indonesian task force responsible for the
repatriation of refugees who chose to return is reported
to have told the United Nations military observers that
the returns were to begin on 15 June 2001 and would
continue until 15 August 2001. West Timor’s
provincial governor has reportedly stated that, of those
who chose to remain in Indonesia, only 6,000 would be
able to resettle permanently in West Timor. The
remainder of the population would be required to
resettle in other parts of Indonesia. The Government of
Indonesia has not yet released official results of
registration and therefore official repatriation has yet to
start. The International Organization for Migration
(IOM) is reportedly drawing up plans to repatriate
refugees pursuant to the registration.
55. While UNTAET is working in coordination with
UNHCR to determine how best to expedite and ensure
the returnees’ safe return, the Human Rights Unit
specifically focuses on what happens to them after
return. In some cases, returnees will not be welcomed
back, in particular those who participated in serious
crimes, while others may be seen as traitors or common
criminals since they participated in low-level violence
in the aftermath of the popular consultation. It is the
return of the latter that requires preparation to ensure
that they are not targeted but instead taken back into
the community.
56. The district human rights officers prepare the
communities for the returns, where they are able and
usually in coordination with the other actors of the
international community within the framework of a
district returns committee. Often, the Human Rights
Unit receives information at the last minute that a
number of refugees are returning to a certain area and
then works to determine who the returnees are and if
there will be any concern surrounding their return. In
cases where allegations already exist or surface
regarding some of the returnees, the district human
rights officer, together with other members of the
international community, will call together community
leaders to ensure that the returnees are not met with
any hostility or harassment. Of course, if the returnee
has been indicted or if there are allegations that he or
she has committed serious crimes, then that returnee
must be brought to justice. In other cases, however, and
where allegations are unsubstantiated, the international
community needs to ensure that allegations do not
translate into violence. In situations where community
leaders are unable to reach an agreement on a certain
return, safe houses of varying capacity and quality are
available in eight and are under construction in four of
the districts. Under no circumstances, however, will the
Human Rights Unit accommodate a request to reject
the return of anyone wishing to return.
E. Political issues affecting human rights
1. Law and order
57. Before the popular consultation, CNRT played a
central role in East Timorese life, coordinating the
clandestine resistance movement and distributing
information outside East Timor to support the
independence movement. The Council provided
support to victims of Indonesian violations and took
significant risks in doing so. Immediately after the
popular consultation, the CNRT stepped in to fill the
vacuum in many essential services, including some law
and order functions, often with the knowledge and
cooperation of the Civilian Police, who were at that
time still building up full capacity. Since 1999, CNRT
has assisted UNTAET in resolvingmany of the issues
inherent in a post-conflict society and has been active
in preparing East Timor for the transition to an
independent State.
58. However, despite the mandate and increased
capacity of the Civilian Police and the newly
established East Timorese Police Service, members of
various parallel structures — some part of the CNRT
village, district and national structures, including the
Seguranza Civil and persons claiming to be exmembers of the former military wing of CNRT,
FALINTIL — continue to fulfil what they perceive to
be a security role, which often extends to the
enforcement of law and order. The justification claimed
for this is often that the official structures are unable to
maintain security effectively. The situation is, of
course, extremely problematic, as none of those quasisecurity groups are accountable for their actions and
therefore act with impunity. UNTAET has received
reports of human rights abuses by members of such
groups, in particular in relation to returnees. Included
in those reports are instances of unlawful arrests,
“summonsing” returnees to appear before the security
structures in order to question them about their
activities in West Timor, assaults and, in at least one
case, the murder of a returnee while in the custody of
one of the groups. In other cases, individuals have used
the guise of a security group to cover illegal activities,
including extortion, threats and intimidation for
political purposes.
59. With the dissolution of CNRT on 9 June 2001, the
security groups linked to the organization were
formally disbanded. There has already been a
suggestion that the security groups should now report
directly to the village chief. UNTAET is concerned that
this may lead to potential abuses of power, in particular
in the run-up to the election.
2. Human rights and political activity
60. Several political parties have adopted platforms
advocating political tolerance and the protection of
human rights. However, concerns linger that the 1975
political climate may be reintroduced and violence may
occur during the election campaign. That concern has
been supported in part by a series of skirmishes that
have taken place during 2001 between followers of
East Timorese political groups, which led to the
detention of 13 people on 8 March 2001 in Baucau.
Their detention subsequently resulted in an eruption of
violence, including the burning of the Baucau Mosque.
61. Sporadic outbreaks of violence have not been the
only concern regarding the conduct of political parties.
At the end of 2000 and the beginning of 2001, party
workers of the Frente Revolucionária do Timor Leste
Independente (Revolutionary Front for an Independent
East Timor, FRETILIN) “registered” all “supporters”.
UNTAET has received reports that some villagers felt
obliged to register themselves and their families as
sympathizers if not militants. FRETILIN have also
been accused of warning individuals to vote for them
or suffer the consequences, while both Democratic
Republic of East Timor (RDTL) supporters and the
Timorese Democratic Association have been accused
of trying to prevent individuals from participating in
the civil registration process, which is required in order
to vote in the August elections. For its part, the Human
Rights Unit seeks to address those issues mainly via its
civic education programme, through which the Unit
promotes the idea of breaking with the past and the
need for political parties to be tolerant of each other.
IV. Ongoing and future key areas of
work to promote and protect
human rights in East Timor
62. The mandate of UNTAET as transitional
government expires on 31 January 2002. The United
Nations is therefore currently engaged in a process of
assessing the extent to which the new independent East
Timorese Government will require ongoing technical
assistance. Experience reveals that a post-conflict
situation is often accompanied by the creation of a
fertile environment for future institutionalized
violations of human rights. Signs of the potential
problem are already apparent in East Timor and it is
imperative that a strong human rights presence remain
there to ensure that that fertile environment is not
exploited. OHCHR and the Human Rights Unit have
identified a number of areas as requiring immediate
and medium-term United Nations technical assistance
to support the new East Timorese Government’s efforts
to promote and protect human rights.
63. Progress in East Timor in investigating and
prosecuting suspects for the serious crimes committed
in East Timor in 1999 has been slower than hoped for.
Further attention and resources must be devoted to
ensuring that the process of investigation and
prosecution is speeded up, taking account, for instance,
of the risk of deterioration of evidence.
64. The nascent East Timorese judicial system is only
functioning in part. In order to build a judiciary from
the ground up with only very limited human resources
available and a largely destroyed infrastructure requires
long-term commitment and considerable resources.
Assistance will be required to support the training,
continuing professional development and adherence to
ethical standards by the judiciary, prosecutors, public
defenders and other legal and judicial officials.
Attention will also be required to focus on
satisfactorily addressing the inadequate remuneration
and other poor conditions of service and risks to
personal safety. Independent monitoring mechanisms
of the judicial and legal process will be required. Most
important for a newly democratic State will be the need
to educate the East Timorese public about the new
system of justice in order to develop the confidence of
the people that it will indeed deliver justice.
65. The new East Timorese Government will need to
ensure that all legislation adopted is consistent with
international human rights standards. Training will be
required to ensure that those who interpret and
implement the law do so in accordance with
international standards.
66. The recent experience of many newly
democratized countries has demonstrated the critical
need for a constitution based firmly on democratic
principles, containing a strong bill of rights in full
conformity with international standards and
establishing one or more institutions in support of
democracy, such as a national commission on human
rights. Experience has also shown that it is important
for such a constitution to be adopted as soon as
possible and to enter into force, at least provisionally,
at the same time as the newly elected democratic
Government accedes to power. This is because during
the period before the accession to power of a new
Government the greatest consensus exists among all
political parties and civil society over the need for a
strong bill of rights and effective democratic
institutions to be enshrined in the new constitution.
That period also coincides with the time when the
public is generally most interested in national affairs
and can be effectively mobilized to participate in the
historic constitution-making process. It should be noted
that such public consultation and participation is a key
element in ensuring the ultimate accountability of a
new Government to the people. Most importantly, the
Timorese themselves have expressed interest in recent
constitutional hearings for the protection of human
rights to be enshrined in their first constitution.
67. Non-governmental organizations in East Timor
played an active and vital role in the resistance
movement and worked towards the common goal of
independence. Of real concern to the non-governmental
organizations now is the continuing evolution of their
role, which in 2001 moved towards the more traditional
role for a non-governmental organization of monitoring
the human rights situation, providing analysis and
advice to the Government and conducting human rights
training. It is possible that, following the departure of
UNTAET, there may be a tendency by the new East
Timorese Government to exclude the participation of
non-governmental organizations in its work.
68. Another concern affecting the future viability of
non-governmental organizations is the flow of nongovernmental organizations staff to ETTA. More may
choose to stand for election on 30 August. Others have
been given opportunities internationally. Thus, many of
the more experienced members of the nongovernmental organizations community will no longer
be playing a leading role in that arena.
69. The newly established judiciary, the East Timor
Police Service, the East Timor Defence Force and staff
of the civil service all require ongoing training in
human rights. The general public has also had no
exposure to a culture of human rights. Without a solid
foundation, the promotion and protection of human
rights will not become an integral part of the East
Timorese State.
70. Upon independence, East Timor will be in a
position to ratify the key international human rights
instruments. Technical assistance will be required both
for the ratification process itself and for compliance
with reporting obligations to the relevant treaty bodies.
71. The joint OHCHR/UNTAET training for the East
Timorese Police Service was their first exposure to
human rights training. Most participants had had less
than two years’ experience in the police. That overall
lack of experience represents a major challenge for the
East Timorese to assume, by 2002, full responsibility
in the country for maintaining law and order. Among
the areas needing attention are human rights and police
investigations, arrest procedures, policing public
gatherings and the use of force and firearms. It will
also be important to establish effective mechanisms for
monitoring, investigating and preventing abuses within
the police.
72. The Reception, Truth and Reconciliation
Commission will have a mandate to investigate
violations of human rights committed in the context of
the political conflict from 25 April 1974 to 25 October
1999. The mandate will be for two years, with a
possible extension of six months, and the Commission
will be led by between five and seven national
commissioners who will be appointed by a panel made
up of representatives of civil society, the church and
political parties who were active in 1974. Funding for
the Commission must be raised outside the national
budget and the Commission will require ongoing
technical assistance.
73. Tolerance, acceptance of minorities and a
rejection of a past ridden with violations of human
rights are the only way forward to true reconciliation.
This must be the basis on which to overcome the lack
of protection mechanisms available for minorities. In
addition, education regarding gender equality and
women’s rights will continue to be required in all
spheres of life, in particular in the political domain, as
will analysis of the use of traditional dispute resolution
mechanisms in order to ensure that the state apparatus
is complying with its international legal obligations.
The challenge of protecting returnees, facilitating their
integration and promoting reconciliation will remain
vital to the continuing stability of independent East
Timor.
74. Since October 1999, human rights monitoring by
both UNTAET and non-governmental organizations
human rights monitors has assisted in the process of
identifying needs in the development of East Timor’s
new institutions. From its inception, the newly
independent East Timor Government will face the huge
task of establishing and consolidating the key
institutions that will be required for the legislative,
judiciary and executive branches of power to assume
their respective responsibilities of establishing a
functioning system of the rule of law based on
principles of human rights. Independent human rights
monitoring across the country will continue to be
essential for the development of strong institutions that
uphold law and order and also in ensuring a stable
political environment.
75. Monitoring of the developing institutions in East
Timor will provide the future independent Government
and civil society with impartial, objective informative
feedback on how well the newly created institutions are
functioning, highlighting areas needing corrective
action, improvement and reform. Such a programme
would provide the Government with a solid and
reliable factual basis for monitoring the functioning of
those institutions, drawing attention to problem areas
and designing corrective measures and appropriate
responses.
76. The continuing presence of illegitimate security
forces and the illegal activities of political parties need
to be monitored and addressed. Continued independent
monitoring of human rights will also be vital for, in
particular, the safe return of those refugees in West
Timor who wish to return, many of whom fear reprisal
upon return, which has potentially serious
consequences for the security and stability of
independent East Timor. Independent monitoring
across East Timor will go some way to ensuring that
those refugees who choose to return will feel more
secure in doing so.
V. Recommendations
77. In facing the challenge of strengthening new and
vulnerable institutions, it will be essential to develop
strong mechanisms for the protection of human rights,
including rights based, inter alia, on provisions of the
constitution, legislation, government structures and
procedures. Taking into account the ongoing human
rights situation in East Timor, with both the potential
for escalation and the challenge of prevention, the High
Commissioner recommends that a sturdy United
Nations human rights component fully equipped to
address the situation be maintained in the period
following the UNTAET mission.
78. As in all steps to promote and protect human
rights, consideration of the interests of women must be
central. Adequate attention and resources are required
to address the particular obstacles women face in the
exercise of their rights. The implications for women of
any legislation adopted or policy pursued must be
assessed and addressed by the new Government of East
Timor.
79. The High Commissioner reaffirms her call for
justice for grave violations of human rights and
humanitarian law and that the perpetrators of the
serious crimes of 1999 be speedily prosecuted under
the law. At the present critical moment, just a few
months before East Timor reaches long-awaited
independence, the High Commissioner reiterates her
call upon the East Timorese, UNTAET, the Indonesian
leadership and other relevant actors in the international
community to ensure that the necessary human and
material resources are made available and that the
political will is galvanized to ensure that justice is
done. For, while appreciating the need in East Timor
for reconciliation and the need to move forward, there
is also a need to ensure that serious crimes do not go
unpunished. Impunity for such crimes and a return to
the legal fold for the perpetrators would undermine
from the very beginning the capacity to build in a
credible manner a culture embodying respect for the
rule of the law, where the equality of all before the law
is a cardinal principle.
80. In that regard, the High Commissioner
recommends that UNTAET and ETTA, in cooperation
with OHCHR, draw up plans to ensure the unhampered
continuation of the tasks of the Serious Crimes Unit
during the winding-down phase of UNTAET and
following the end of the mission. The completion of its
tasks must not be subjected to the expiration of the
mandate of UNTAET and must continue until the most
serious crimes have been prosecuted.
81. The High Commissioner notes that a serious lack
of resources, both human and material, in the Serious
Crimes Unit has continued to prevent investigations
from being undertaken in connection with the
overwhelming majority of crimes against humanity
committed in 1999. The High Commissioner
welcomes, however, the opening of the Los Palos trial
and recognizes the importance of the holding of that
trial, in accordance with international standards of
justice, and its outcome will have for the people of East
Timor.
82. Notwithstanding the statement of the Indonesian
Foreign Minister to the Secretary-General that “the
national judicial mechanism of the Republic of
Indonesia is functioning and capable of dispensing
justice”9
and the encouragement of the Security
Council to “institute a swift, comprehensive, effective
and transparent legal process, in conformity with
international standards of justice and due process of
law”,10 the High Commissioner notes with concern that
not one case arising from the 1999 violence has been
concluded in Indonesia.
83. The High Commissioner welcomes the decision
of the Government of Indonesia to revise the
Presidential Decree establishing the ad hoc court for
East Timor so as to include reference to cases that took
place before the popular consultation and reiterates her
call for the revision to take place with all speed. In that
regard, the High Commissioner renews her offer to
provide technical cooperation to the Government of
Indonesia to support the administration of justice and
recalls that her Office has drawn up a full programme
in that connection, to be implemented when the
existence of the appropriate conditions makes it
possible.
84. The High Commissioner also recalls the
recommendation of the International Commission of
Inquiry on East Timor that:11
“Future action with regard to the violations of
human rights in East Timor should be governed
by the following human rights principles: the
individual’s right to have an effective remedy for
violations of human rights, which includes the
State’s responsibility to investigate violations,
prosecute criminally and punish those
responsible; the individual’s right to reparation
and compensation for violations of human rights
from the State responsible for the violations; the
need to act against impunity in order to
discourage future violations of basic human
rights”.
The High Commissioner also recalls the
recommendation of the International Commission that
the United Nations establish an international human
rights tribunal consisting of judges appointed by the
United Nations to receive complaints and to try and
sentence those accused of serious violations of
fundamental human rights and international law that
occurred in East Timor in 1999.12
85. The High Commissioner recognizes the enormous
difficulties and challenges posed by the need to
establish a judicial and legal system from the very
beginning and appreciates the efforts of UNTAET and
ETTA, in particular the Department of Judicial Affairs
and the Human Rights Unit, in putting in place the
building blocks for that process. Nonetheless, the High
Commissioner notes that the judiciary is yet to become
self-sustainable, resulting in serious shortcomings in
the law. The High Commissioner therefore
recommends that UNTAET, ETTA and the new East
Timorese Government ensure the provision of
resources, training and support for the development of
a judicial system premised upon respect for the rule of
law. Taking into account the long-term nature of the
sustainability of the judiciary, the High Commissioner
calls upon donors to provide adequate funding for that
process.
86. Given the complexity of the current legal
framework in East Timor, the High Commissioner
recommends that legislative reform and drafting, in
accordance with international human rights standards,
continue to be a high priority. The High Commissioner
renews her offer to provide ongoing technical
cooperation to assist in the drafting of legislation and
in the interpretation and implementation of those
standards.
87. The High Commissioner recognizes that the
process of constitution-making is an important
opportunity for the East Timorese to define the aims
and scope of the structures of power. Accordingly, the
High Commissioner encourages UNTAET, ETTA and
the new East Timorese Government to ensure that the
process leading towards the adoption of a constitution
is a thoroughly consultative and participatory process.
That process is already under way and should be
continued as a matter of priority. The sense of priority,
however, must be balanced by the requirement that the
East Timorese be given adequate time and access to
adequate information in order to participate fully in
discussions on the new constitution. Furthermore, the
timetable envisaged for the consultation process and
election of the Constituent Assembly is short.
88. The High Commissioner encourages detailed
discussion of the way in which the constitution might
best protect the human rights of all East Timorese and
reaffirms her call for the international human rights
standards to which East Timor has already committed
itself to be reflected in appropriate provisions of the
constitution. Such a step would ensure that the
foundation of the newest member of the United Nations
is based upon respect for human rights and
fundamental freedoms for all without distinction.
89. The High Commissioner calls upon UNTAET,
ETTA and the new East Timorese Government to
recognize fully the unique role and contribution of nongovernmental organizations, both in the past and in the
future and to ensure that they continue to play an
integral part in the development of East Timor. They
should also encourage and facilitate participation of the
wider civil society in community affairs.
90. The High Commissioner welcomes the efforts of
UNTAET and international and East Timorese nongovernmental organizations to ensure that human rights
education is as widespread as possible throughout East
Timor. At the same time, the High Commissioner
recognizes the fundamental need to further such
education in all spheres of society in East Timor.
91. The High Commissioner strongly encourages the
new East Timorese Government to ratify all key
international human rights instruments at the earliest
possible opportunity. The High Commissioner also
advises that sufficient technical assistance should be
made available to assist the new Government to
implement its international legal obligations and
comply with reporting obligations. To do so would
assist East Timor in building a society based upon a
culture of human rights, entrenched through the rule of
law.
92. Following on from the human rights training
provided by OHCHR and UNTAET to the East
Timorese Police Service and the Civilian Police, the
High Commissioner strongly endorses the calls by
UNTAET that human rights training be integrated into
the police training curriculum. In that regard, the High
Commissioner welcomes the positive reception to those
calls by the Director of the East Timor Police Training
College.
93. The High Commissioner encourages
consideration of formal mechanisms to promote and
protect human rights in East Timor, including the
possible establishment of an independent national
human rights institution in accordance with standards
adopted by the United Nations. In that regard, the High
Commissioner welcomes the initiative of UNTAET to
assist a working group of non-governmental
organizations to consider the various mechanisms and
institutions appropriate for East Timor. The High
Commissioner reiterates the need for civil society to be
involved in the development of any governmental
initiative that addresses human rights concerns and for
adequate training and resources to be provided for
agencies whose work has a direct impact on the
individual’s enjoyment of those rights.
94. The High Commissioner congratulates those
involved in the events leading to the adoption of the
regulation on the establishment of the Reception, Truth
and Reconciliation Commission. The High
Commissioner recognizes the importance that
mechanism can play, as a complement to the judicial
process for serious crimes, and encourages donors to
provide the required resources to the Commission.
95. The High Commissioner notes with concern the
situation of ethnic and religious minorities in East
Timor and calls upon UNTAET, ETTA and the new
East Timorese Government to provide protection
mechanisms in order to ensure that the East Timorese
minorities live peacefully with their indigenous East
Timorese neighbours.
96. The High Commissioner calls upon UNTAET,
ETTA and the new East Timorese Government to find a
solution based on international human rights standards
for persons still living in the Dili Mosque. The High
Commissioner also calls upon UNTAET, ETTA and the
new East Timorese Government to introduce legislation
protecting minorities and to amend any legislation that
allows for illegal discriminatory behaviour.
97. The High Commissioner vigorously supports the
work of UNTAET in its efforts to encourage the
protection and promotion of women’s rights. Moreover,
though recognizing that in certain instances it may be
appropriate to recommend that a problem be solved
through traditional means, she affirms that violence
against women should be seriously addressed in both
criminal law and practice.
98. The High Commissioner recommends that
UNTAET, ETTA and the new East Timorese
Government ensure the preparation and facilitation of
conditions for the safe return of internally displaced
persons and refugees from West Timor.
99. The concerns raised by the behaviour of certain
political groups, who have acted in a manner indicating
a belief that they are not accountable to the authorities,
including through the maintenance of security groups
existing without legal authority in parallel to the
legitimate police and defence forces, illegal detention
and interrogation of returnees and other individuals and
the use of threats and intimidation for political goals,
require more attention from the legitimate authorities.
The High Commissioner calls upon UNTAET, ETTA
and the new East Timorese Government to pursue
vigorously the establishment of a climate of
accountability and respect for the rule of law.
100. The High Commissioner welcomes the important
role that human rights must play in forming the
bedrock of a democratic society and encourages
UNTAET, ETTA and the new East Timorese
Government to ensure that human rights values are at
the centre of daily political activity.
Notes
1 The mandate of UNTAET is set out in Security Council
resolution 1272 (1999), which established UNTAET as
the transitional administration in East Timor as follows:
to provide security and maintain law and order
throughout the territory of East Timor; to establish an
effective administration; to assist in the development of
civil and social services; to ensure the coordination and
delivery of humanitarian assistance, rehabilitation and
development assistance; to support capacity-building for
self-government; and to assist in the establishment of
conditions for sustainable development.
2 The responsibilities of ETTA follow from the UNTAET
mandate and ETTA exists within UNTAET, with a
separate budget. Part of the UNTAET mandate includes
establishing an effective administration, supporting
capacity-building for self-government as well as
assisting in the establishment of conditions for
sustainable development. To accomplish those
objectives, the Transitional Administration (the Special
Representative of the Secretary-General) initially created
a component of the UNTAET mission known as the
Governance and Public Administration, which was
overseen by the Deputy Special Representative of the
Secretary-General). The role of the Governance and
Public Administration was to create an initial framework
for the establishment of the future Government and to
begin nation-building. International staff, in charge of
both international and local staff, initially managed each
of the departments of the Governance and Public
Administration, such as Land and Property, Civil Service
and Agriculture.
In July 2000, CNRT and UNTAET jointly agreed
to restructure the mission and transformed the
Governance and Public Administration into the East
Timorese Transitional Administration (ETTA), in order
to increase the direct participation and political
responsibility of the East Timorese in furtherance of
Security Council resolution 1272 (1999). All Cabinet
officers are answerable to the Special Representative of
the Secretary-General. Within ETTA, several East
Timorese have been appointed heads of departments and
all district administrators are East Timorese.
Nothing in this new governmental structure affects
the overall responsibility for East Timor that the
Security Council in its resolution 1272 (1999) has given
to UNTAET; rather, it seeks to further the UNTAET
mandate to build the capacity of the East Timorese for
self-government and to create conditions for sustainable
development.
3 UNTAET Regulation No. 2000/15 on the Establishment
of Panels with Exclusive Jurisdiction over Serious
Criminal Offences defines “serious crimes” as genocide,
war crimes, crimes against humanity, murder, sexual
offences and torture.
4 For instance, only nine East Timorese public defenders
and three international public defenders serve on both
the serious crimes and ordinary crimes panels in each of
the four district courts.
5 In Suai, though there is a panel of three judges, one
investigating judge and two prosecutors, there are no
permanent public defenders. In Oecussi, there is one
prosecutor and one investigating judge, but there is no
judge or permanent public defender. Although there are
no permanent public defenders in those courts, a system
of mobile public defenders has been put in place until
such time as it will be possible to have permanent public
defenders in all courts.
6 UNTAET reported that, at the time of writing, a further
four public defenders were being recruited by the
Department of Justice.
7 UNTAET reported that, as at 6 July 2001, 24,408 people
had participated in over 250 hearings held in the 13
districts.
8 Findings of the International Observers on the
Registration of East Timorese in Nusa Tenggara Timur,
13 June 2001. Brunei Darussalam, Japan, Korea,
Malaysia, Mozambique, Norway, the Philippines,
Portugal and Thailand, UNTAET and the International
Organization for Migration sent observers.
9 Letter dated 26 January 2000 from the Minister of
Foreign Affairs of Indonesia to the Secretary-General
(A/54/727-S/2000/65, annex).
10 Letter dated 18 February 2000 from the President of the
Security Council to the Secretary-General in connection
with the report of the International Commission of
Inquiry on East Timor (S/2000/137).
11 Report of the International Commission of Inquiry on
East Timor (A/54/726-S/2000/59, annex, para. 148).
12 Ibid., para. 153. | [
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448094 | United Nations A/56/187
General Assembly Distr.: General
12 July 2001
English
Original: Arabic/English/Spanish
01-45925 (E) 140801 240801
*0145925*
Fifty-sixth session
Item 83 of the preliminary list*
Establishment of a nuclear-weapon-free zone
in the region of the Middle East
Establishment of a nuclear-weapon-free zone in the region
of the Middle East
Report of the Secretary-General**
Contents
Paragraphs Page
I. Introduction .......................................................... 1–2 2
II. Observations.......................................................... 3–4 2
III. Replies received from Governments................................................ 2
Belgium*** ................................................................... 2
Egypt......................................................................... 3
Mexico ....................................................................... 4
Syrian Arab Republic ........................................................... 5
* A/56/50.
** The present report includes replies received from Member States up to July 2001.
*** On behalf of the States Members of the United Nations that are members of the European Union.
I. Introduction
1. In paragraph 10 of its resolution 55/30 of 20
November 2000, the General Assembly requested the
Secretary-General to continue to pursue consultations
with the States of the region of the Middle East and
other concerned States, in accordance with paragraph 7
of resolution 46/30 of 6 December 1991 and taking into
account the evolving situation in the region, and to
seek from those States their views on the measures
outlined in chapters III and IV of the study annexed to
his report (A/45/435) or other relevant measures, in
order to move towards the establishment of a nuclearweapon-free zone in the Middle East. In paragraph 11
of the same resolution, the Assembly also requested the
Secretary-General to submit to it at its fifty-sixth
session a report on the implementation of the
resolution. The present report is submitted pursuant to
that request.
2. On 16 February 2001, the Secretary-General
addressed a note verbale to all Member States drawing
attention to paragraph 10 of resolution 55/30 and
seeking the views of Member States on the matter.
Replies were received from Belgium (on behalf of the
States Members of the United Nations that are
members of the European Union), Egypt, Mexico and
the Syrian Arab Republic. The text of those replies is
reproduced in section III below and any additional
replies from Member States will be issued in an
addendum to the present report.
II. Observations
3. The issue of the establishment of a nuclearweapon-free zone in the region of the Middle East
continues to be high on the agenda of the international
community. In that context, measures with regard to
the Middle East, especially the implementation of the
1995 Resolution on the Middle East, were included in
the Final Document1
of the 2000 Review Conference of
the Parties to the Treaty on the Non-Proliferation of
Nuclear Weapons (“the Non-Proliferation Treaty”),
which was adopted by consensus. The agreements
reached also reaffirmed the broad measure of support
for the establishment of such a zone in the region of the
Middle East. It is to be regretted that no further
progress has been achieved since.
4. The Secretary-General has on several occasions
carried out various consultations with concerned
parties within and outside the region in order to explore
further ways and means of promoting the establishment
of a nuclear-weapon-free zone in the Middle East,
taking into account the evolving situation in the region
as well as the continuing efforts by the Arab States to
establish such a zone. It is clear that the realization of
that goal requires the participation of all States of the
region, as well as other interested States, including the
nuclear-weapon States. Adherence to the NonProliferation Treaty2
and full implementation of its
provisions are essential steps towards that goal. The
Secretary-General firmly believes that the multilateral
Working Group on Arms Control and Regional
Security could play a useful role as a forum for
discussing a broad range of arms control, disarmament
and confidence-building measures, including the
establishment of a nuclear-weapon-free zone in the
region. It is therefore important that the parties of the
region and other States concerned reach an early
agreement on a comprehensive agenda for the Working
Group so that it can commence formal activities as
soon as possible. The Secretary-General calls on all
concerned to review the situation in order to resume
discussions with a view to developing practical
concepts aimed at reaching a common position. The
Secretary-General also reaffirms the continued
readiness of the United Nations to provide any
assistance deemed helpful in that regard.
III. Replies received from
Governments
Belgium*
[Original: English]
[16 July 2001]
1. The European Union recalls the guidelines on the
establishment of nuclear-weapon-free zones, adopted
by the Disarmament Commission at its 1999 session,3
stipulating that the establishment of nuclear-weaponfree zones should be based on arrangements freely
arrived at by the States of the region.
2. The European Union also takes note of Security
Council resolution 687 (1991), recalling the goal of
* On behalf of the States Members of the United Nations
that are members of the European Union.
establishing in the Middle East a zone free from
weapons of mass destruction and all missiles for their
delivery.
3. The European Union further recalls the
conclusion of the report of the Secretary-General of
10 October 1990 (A/45/435) that the nuclear threat can
be effectively and permanently eliminated only as a
pattern of sound regional security relationships is
developed.
4. The European Union recognizes the importance
of confidence-building measures, such as nuclearweapon-free zones, as an integral part of a
comprehensive, regional security arrangement, based
on peaceful and friendly relations between all States in
the Middle East. The Union stresses that the creation of
a secure and stable environment for all States, which
would facilitate the establishment of a zone free from
weapons of mass destruction, is first and foremost the
responsibility of the States in the Middle East.
5. The European Union has repeatedly called on all
States to adhere to the Non-Proliferation Treaty and
recalls the decisions and the resolution on the Middle
East adopted by the 1995 Review and Extension
Conference of the Parties to the Treaty on the NonProliferation of Nuclear Weapons and the Final
Document of the 2000 Review Conference. The Union
equally attaches great importance to the universal
adherence to the Comprehensive Nuclear Test-Ban
Treaty (General Assembly resolution 50/245, annex),
the Convention on the Prohibition of the Development,
Production, Stockpiling and Use of Chemical Weapons
and on Their Destruction,4
the Convention on the
Prohibition of the Development, Production and
Stockpiling of Bacteriological (Biological) and Toxin
Weapons and on Their Destruction (resolution 2826
(XXVI), annex), and to agreements between States and
the International Atomic Energy Agency (IAEA) for
the application of safeguards with additional protocols,
and considers those treaties and agreements to be in the
best interest of all States, as they constitute important
steps to promoting non-proliferation and disarmament
of weapons of mass destruction, thereby contributing to
international and regional confidence, stability and
peace.
6. The European Union urges the States of the
region to devote themselves to efforts to develop
peaceful and friendly relations, with a view to creating
a secure and stable environment for all States in the
region, thereby rendering possible the establishment of
a zone free from all weapons of mass destruction and
their means of delivery in the Middle East.
Egypt
[Original: English
[18 July 2001]
1. Egypt’s commitment to the establishment of a
nuclear-weapon-free zone in the Middle East is
unquestionable. It was at the request of the Islamic
Republic of Iran and Egypt that the item entitled
“Establishment of a nuclear-weapon-free zone in the
Middle East” was first inscribed on the agenda of the
General Assembly in 1974. Since that date, the
Assembly has annually adopted a resolution, by
consensus since 1980, on the matter. Throughout the
years, Egypt continued to play a consistently leading
role in promoting the objective of ridding the Middle
East of the threat of nuclear weapons.
2. As a State party to the Non-Proliferation Treaty
and a signatory to the African Nuclear-Weapon-Free
Zone Treaty (the Pelindaba Treaty), Egypt has clearly
and unambiguously demonstrated its rejection of the
nuclear option, which represents a major threat to
peace, security and stability in the Middle East. Today,
Egypt notes that all States of the Middle East have
become parties to the NPT with the exception of Israel,
which regrettably persists in ignoring repeated calls to
join the Treaty and to place all its nuclear facilities
under IAEA full-scope safeguards, thereby
perpetuating a dangerous imbalance in the region.
3. The importance given during the 2000 Review
Conference of the Parties to the Non-Proliferation
Treaty to the establishment of a nuclear-weapon-free
zone in the Middle East is yet another testimony to the
commitment of the international community to the
establishment of such a zone in the region. Further to
the 1995 Resolution on the Middle East, the 2000
Review Conference adopted unanimously in its final
document a reaffirmation for the importance of Israel’s
accession to the Non-Proliferation Treaty and the
placement of all its nuclear facilities under
comprehensive IAEA safeguards. The Conference
recalled that in paragraph 4 of the 1995 Resolution on
the Middle East it had called upon all States in the
Middle East that had not yet done so, without
exception, to accede to the Treaty as soon as possible
and to place their nuclear facilities under full-scope
IAEA safeguards. The Conference noted, in that
connection, that the report of the United Nations
Secretariat on the implementation of the 1995
Resolution on the Middle East stated that several States
had acceded to the Treaty and that, with those
accessions, all States of the region of the Middle East,
with the exception of Israel, were States parties to the
Treaty. The Conference welcomed the accession of
those States and reaffirmed the importance of Israel’s
accession to the Treaty and the placement of all its
nuclear facilities under the comprehensive IAEA
safeguards in realizing the goal of universal adherence
to the Treaty in the Middle East.
4. Egypt is cognizant of the fact that the
establishment of a nuclear-weapon-free zone in the
Middle East is a difficult task. Indeed, each region of
the world has its own characteristics and each zone
must be tailored to suit those characteristics. However,
Egypt does not share the view that full-scale peace and
fully developed political and economic relations
between all States of the region are a prerequisite for
the commencement of negotiations on the
establishment of a zone. If such an argument was
correct, it is unlikely that the Treaty for the Prohibition
of Nuclear Weapons in Latin America and the
Caribbean (“the Treaty of Tlatelolco”)5
or even the
Treaty of Pelindaba would ever have been negotiated.
Regrettably, conflicts continue to rage in various parts
of Africa to this very day, yet such conflicts were not
invoked as reasons to prevent negotiations on an
African nuclear-weapon-free zone. To Egypt,
experience has shown that the establishment of
nuclear-weapon-free zones in areas of tension and
conflicts does indeed contribute to easing tensions,
preventing conflicts and developing peaceful relations
and mutual cooperation.
5. For a nuclear-weapon-free zone to be established
in any area of the world, there must inevitably exist a
regional commitment to that objective. Such a
commitment is unquestionably present in the Middle
East, as is testified to by the annual adoption of a
consensus resolution of the General Assembly on the
matter and by the adoption of consensus guidelines by
the Disarmament Commission at its 1999 substantive
session on the establishment of nuclear-weapon-free
zones on the basis of arrangements freely arrived at
among the States of the region concerned. In that
connection, Egypt notes with satisfaction that there is
agreement that the establishment of a nuclear-weaponfree zone in the Middle East as well as the
development of a zone free from all weapons of mass
destruction should be encouraged. Egypt considers that
it is imperative that those commitments be turned into
concrete actions if it is to have a determining and
positive impact on the Middle East peace process.
6. Making negotiations on a Middle East nuclearweapon-free zone contingent upon an ever growing list
of prerequisites is a sure recipe for failure. In Egypt’s
view, the only prerequisite for negotiations to
commence on the establishment of a zone in the
Middle East is that States in the region have the
political will to sit together and commence
negotiations. Viewing the Middle East nuclear-weaponfree zone as no more than an act that “sets the seal on a
durable peace” is not a vision that is shared by Egypt.
A Middle East nuclear-weapon-free zone is in and of
itself an important confidence-building measure and an
act of political reconciliation. Furthermore, arguing
that fully fledged relations of peace must exist before
talks on such a zone can commence, while at the same
time persisting to maintain a nuclear option, clearly
appear as two mutually exclusive and contradictory
arguments. In a region as volatile as the Middle East no
solid and durable peace can be achieved while a
nuclear threat continues to loom over the region.
7. Egypt will continue to pursue the objective of
establishing a nuclear-weapon-free zone in the Middle
East at the earliest time and will, in that context,
continue to seek the support of regional and
extraregional States. Furthermore, Egypt will continue
its endeavours to realize the objective of establishing
such a zone based on the outcome of the 2000 Review
Conference. It will also pursue its April 1990 initiative
for the establishment, in the Middle East, of a zone free
from all weapons of mass destruction. In its
endeavours, it will continue to seek the support of the
international community and of all those who are
committed to ridding the world, at both the regional
and the global level, of the threat of nuclear weapons.
Mexico
[Original: Spanish]
[7 June 2001]
1. Mexico considers that the establishment of
nuclear-weapon-free zones is an effective parallel way
strengthening the nuclear non-proliferation regime.
It noted with interest that the sixth Review Conference
of the Parties to the Non-Proliferation Treaty invited
States, in particular in the Middle East, to reaffirm their
support for practical steps towards the establishment of
a nuclear-weapon-free zone in that region.
2. The initiative on the establishment of a nuclearweapon-free zone in the Middle East is in line with
article VII of the Non-Proliferation Treaty, which
recognizes the right of States to conclude regional
treaties in order to assure the total absence of nuclear
weapons in their respective territories. The
establishment of nuclear-weapon-free zones ensures
the elimination of the threat that such devices represent
and helps to preserve international peace and security
on a trustworthy basis, especially in regions where
tension exists.
3. At the 1995 Review and Extension Conference,
Mexico endorsed the need for specific steps to ensure
the full implementation of the provisions of the
resolution on the Middle East. Implementation of that
resolution is a pressing commitment of the States
parties to the Treaty and accordingly the Final
Document of the sixth Review Conference notes that
the broadening and the establishment of nuclearweapon-free zones on the basis of arrangements freely
arrived at, especially in zones of tension such as the
Middle East, represent a significant contribution
towards a world free of nuclear weapons.
4. Mexico welcomes the fact that the resolution on
the establishment of a nuclear-weapon-free zone in the
region of the Middle East was adopted unanimously.
Syrian Arab Republic
[Original: Arabic]
[15 May 2001]
1. The Syrian Arab Republic has always affirmed its
strong commitment to the establishment of a nuclearweapon-free zone in the Middle East. It expresses its
deep concern at the fact that Israel represents an
insurmountable obstacle preventing the establishment
of such a zone by its refusal to accede to the NonProliferation Treaty. It still maintains that refusal
despite the international community’s repeated
admonition that its intransigent position is causing
great damage to the credibility and universality of the
Treaty and that it is, in practice, preventing the
establishment of a nuclear-weapon-free zone in the
Middle East regardless of the good faith of the other
parties involved and of the various formulas proposed.
2. The Syrian Arab Republic is of the view that
measures for the establishment of the nuclear-weaponfree zone in the Middle East for which the relevant
United Nations resolutions have called will require:
(a) That Israel, the only country in the region
that possesses nuclear installations and a nuclear
stockpile, should accede to the Non-Proliferation
Treaty, place all of its nuclear installations under the
comprehensive safeguards regime of IAEA and
eliminate its entire stockpile of nuclear weapons, all as
an indispensable desideratum for the establishment of
the zone;
(b) That the United Nations provide the proper
framework for serious talks to facilitate joint action by
the countries concerned in the Middle East for the
establishment of a nuclear-weapon-free zone.
Notes
1 NPT/CONF.2000/28 (Parts I and II).
2 United Nations, Treaty Series, vol. 729, No. 10485.
3 Official Records of the General Assembly, Fifty-fourth
Session, Supplement No. 42 (A/54/42), annex I, sect. C.
4 See Official Records of the General Assembly, Fortyseventh Session, Supplement No. 27 (A/47/27),
appendix I.
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593552 | THIRD REVIEW CONFERENCE OF THE STATES PARTIES TO
THE CONVENTION ON PROHIBITIONS OR RESTRICTIONS
ON THE USE OF CERTAIN CONVENTIONAL WEAPONS
WHICH MAY BE DEEMED TO BE EXCESSIVELY INJURIOUS
OR TO HAVE INDISCRIMINATE EFFECTS
CCW/CONF.III/SR.1
25 September 2007
ENGLISH
Original: FRENCH
Geneva, 7-17 November 2006
SUMMARY RECORD OF THE 1st MEETING
Held at the Palais des Nations, Geneva,
on Tuesday, 7 November 2006, at 10.15 a.m.
Temporary President: Mr. CAUGHLEY (Deputy Secretary-General of the
Conference on Disarmament and Director of the Geneva
Branch of the Department for Disarmament Affairs)
President: Mr. RIVASSEAU (France)
later: Mr. DRAGANOV (Bulgaria)
CONTENTS
OPENING OF THE THIRD REVIEW CONFERENCE
CONFIRMATION OF THE NOMINATION OF THE PRESIDENT-DESIGNATE
ADOPTION OF THE AGENDA
ADOPTION OF THE RULES OF PROCEDURE
CONFIRMATION OF THE NOMINATION OF THE SECRETARY-GENERAL OF THE
CONFERENCE
This record is subject to correction.
Corrections should be submitted in one of the working languages. They should be set forth
in a memorandum and also incorporated in a copy of the record. They should be sent within one
week of the date of this document to the Editing Unit, room E.4108, Palais des Nations, Geneva.
Any corrections to the records of the meetings of the Conference will be consolidated in a
single corrigendum, to be issued shortly after the end of the Conference.
GE.07-60005 (E) 100907 250907
CONTENTS (continued)
ORGANIZATION OF WORK, INCLUDING THAT OF THE SUBSIDIARY BODIES OF THE
CONFERENCE
ELECTION OF VICE-PRESIDENTS OF THE REVIEW CONFERENCE, CHAIRPERSONS
AND VICE-CHAIRPERSONS OF THE DRAFTING COMMITTEE, THE CREDENTIALS
COMMITTEE AND THE MAIN COMMITTEES
APPOINTMENT OF THE CREDENTIALS COMMITTEE
MESSAGE FROM THE SECRETARY-GENERAL OF THE UNITED NATIONS
SUBMISSION OF THE REPORT OF THE GROUP OF GOVERNMENTAL EXPERTS
GENERAL EXCHANGE OF VIEWS
The meeting was called to order at 10.15 a.m.
OPENING OF THE THIRD REVIEW CONFERENCE (item 1 of the provisional agenda)
1. The TEMPORARY PRESIDENT, acting on behalf of the United Nations
Secretary-General, who is the depositary of the Convention on Prohibitions or Restrictions on
the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious
or to Have Indiscriminate Effects and the protocols annexed thereto, called to order the Third
Review Conference of the States Parties to the Convention. He pointed out that, in view of the
key importance of the Convention in reducing unnecessary suffering and protecting innocent
lives during and after conflicts, the first and second Review Conferences had agreed that future
conferences should be held more often. At their meeting in 2005, the States parties had decided
that the Third Conference would be convened from 7 to 17 November 2006 in Geneva, and that
all necessary preparations for the Conference would be undertaken within the framework of the
existing Group of Governmental Experts (CCW/MSP/2005/2, paras. 26 and 27).
CONFIRMATION OF THE NOMINATION OF THE PRESIDENT-DESIGNATE
(item 2 of the provisional agenda)
2. The TEMPORARY PRESIDENT pointed out that, in accordance with rule 6 of the draft
rules of procedure (CCW/CONF.III/3), the Conference should elect a President from among the
States parties participating in the Conference. At their meeting in 2005, the States parties had
decided to designate Ambassador François Rivasseau of France as President of the Third Review
Conference (CCW/MSP/2005/2, para. 38). He understood that the Conference wished to confirm
the nomination of Mr. Rivasseau.
3. Mr. Rivasseau (France) was elected President of the Conference by acclamation.
4. Mr. Rivasseau (France) took the Chair.
5. The PRESIDENT said that it was an honour for France and for himself to chair the Third
Conference to review the Convention, an honour which was all the greater as the Conference
was taking place at an extremely sensitive time, when the eyes of the world community were
turned towards the Conference because of a difficult international situation. He was sure that all
the delegations present were aware of the importance of the tasks ahead of them.
ADOPTION OF THE AGENDA (item 3 of the provisional agenda) (CCW/CONF.III/1)
6. The PRESIDENT said he understood that the Conference wished to adopt the provisional
agenda issued under the symbol CCW/CONF.III/1, which had been approved by the Group of
Governmental Experts at its thirteenth session.
7. The agenda was adopted.
ADOPTION OF THE RULES OF PROCEDURE (agenda item 4) (CCW/CONF.III/3)
8. The PRESIDENT said that the Group of Governmental Experts had agreed at its
thirteenth session to recommend to the Third Review Conference the rules of procedure which
had been applied during the first and second Conferences, except for the suggestion that two Main
Committees should be set up instead of three. Rule 35 of the draft rulesof procedure issued
under the symbol CCW/CONF.III/3 had been adjusted accordingly. He said that an error in
rule 50 of the draft rules of procedure should be corrected: the words “rules 45 to 47” should be
replaced by “rules 46 to 48”. In accordance with the rules of procedure, the provisions relating to
observers from intergovernmental and non-governmental organizations would be applied in the
same manner as for the proceedings of the Group of Governmental Experts. Concerning rule 34
of the rules of procedure, it was to be noted that the High Contracting Parties had conducted their
deliberations and negotiations on the Convention and the Protocols annexed thereto on the basis
of consensus, and had not taken any decision by vote.
9. The rules of procedure were adopted as orally amended.
CONFIRMATION OF THE NOMINATION OF THE SECRETARY-GENERAL OF THE
CONFERENCE (agenda item 5)
10. The PRESIDENT said that, at the last meeting of its thirteenth session, on 10 March 2006,
the Group of Governmental Experts, noting that the Secretary-General of the United Nations had
designated Mr. Peter Kolarov, Political Affairs Officer in the Geneva Branch of the Department
for Disarmament Affairs, to serve as provisional Secretary-General of the Conference, had
decided to approve the designation, on the understanding that Mr. Kolarov would perform the
function of provisional Secretary-General until the opening of the Conference, at which time his
nomination would need to be confirmed. He understood that it was the wish of the Conference to
confirm Mr. Kolarov in that office.
11. The designation of Mr. Kolarov as Secretary-General of the Conference was confirmed.
ORGANIZATION OF WORK, INCLUDING THAT OF THE SUBSIDIARY BODIES OF THE
CONFERENCE (agenda item 6) (CCW/CONF.III/2, 4, 5 and 7/Add.4 and Add.5)
12. The PRESIDENT said that, in accordance with the rules of procedure it had just adopted
on the recommendation of the Group of Governmental Experts, the Conference was to set up a
General Committee, two Main Committees, a Drafting Committee and a Credentials Committee.
The Group of Governmental Experts had also recommended that agenda items 12 and 13 should
be assigned to Main Committee I and item 14 to Main Committee II. The Group had further
drawn up and recommended provisional agendas (CCW/CONF.III/4 and 5) and programmes of
work (CCW/CONF.III/Add.4 and Add.5) for the two Main Committees. Lastly, he drew the
delegations’ attention to the provisions of rules 44 and 45 of the rules of procedure, concerning
the public nature of the proceedings. If there was no objection, he would take it that the
Conference endorsed the recommendations of the Group of Governmental Experts on all those
points.
13. It was so decided.
14. The PRESIDENT drew delegations’ attention to the provisional programme of work for
the Conference, which had been issued under the symbol CCW/CONF.III/2, pointing out that the
programme, which was indicative in nature, could be modified in the light of progress in the
proceedings. He encouraged delegations to make the most of the time available and agree to
move on directly with the programme of work if they completed consideration of a particular
item more rapidly than expected. He hoped that the texts already approved in the Group of
Governmental Experts, concerning in particular a plan of action to promote the universality of
the Conference, the establishment of a sponsorship programme, the draft final document of the
Conference and the draft declaration to be issued by the Conference on the occasion of the entry
into force of Protocol V, would not give rise to lengthy discussions and could be speedily
forwarded by the Main Committees to the Drafting Committee. It was his intention to hold brief
plenary sessions when necessary to take stock of progress in the work of the Main Committees.
If there was no objection, he would take it that, in the light of the information he had just
outlined and the fact that the programme of work could be modified as needed, the Conference
approved the provisional programme of work issued under the symbol CCW/CONF.III/2.
15. It was so decided.
ELECTION OF VICE-PRESIDENTS OF THE REVIEW CONFERENCE, CHAIRPERSONS
AND VICE-CHAIRPERSONS OF THE DRAFTING COMMITTEE, THE CREDENTIALS
COMMITTEE AND THE MAIN COMMITTEES (agenda item 7)
16. The PRESIDENT said that, in accordance with rule 6 of the rules of procedure, the
Conference was to elect from among the States parties participating in the Conference
10 Vice-Presidents of the Conference, as well as the Chairperson and Vice-Chairperson for each
of the two Main Committees, the Drafting Committee and the Credentials Committee. Those
officers should be selected in such a way as to ensure the representative character of the
General Committee of the Conference provided for under rule 10.
17. The representatives of the following States were candidates for the 10 posts of
Vice-President of the Conference: Bulgaria, China, Cuba, Czech Republic, Germany, Japan,
Morocco, Philippines, Poland and Switzerland.
18. He had received the following nominations for the offices of Chairperson and
Vice-Chairperson of the various subsidiary bodies: Mr. Borisovas (Latvia) and Ms. Baker
(United States of America) as Chairperson and Vice-Chairperson, respectively, of
Main Committee I; Mr. da Rocha Paranhos (Brazil) and Mr. Novokhatskiy (Russian Federation)
as Chairperson and Vice-Chairperson, respectively, of Main Committee II; Mr. Prasad (India)
and Mr. Levanon (Israel) as Chairperson and Vice-Chairperson, respectively, of the Drafting
Committee; lastly, Mr. Markotić (Croatia) and Mr. Ochoa (Mexico) as Chairperson and
Vice-Chairperson, respectively, of the Credentials Committee.
19. These candidates were elected to the posts in question by acclamation.
APPOINTMENT OF THE CREDENTIALS COMMITTEE (agenda item 8)
20. The PRESIDENT said that, in accordance with rule 4 of the rules of procedure, the
Credentials Committee should be composed of five members elected by the Conference on the
proposal of the President. As the Chairperson and Vice-Chairperson of the Committee had just
been elected, they proposed Australia, Slovakia and South Africa to fill the three remaining
posts.
21. Australia, Slovakia and South Africa were elected as members of the Credentials
Committee by acclamation.
MESSAGE FROM THE SECRETARY-GENERAL OF THE UNITED NATIONS
(agenda item 9)
22. At the President’s invitation, Mr. CAUGHLEY (Deputy Secretary-General of the
Conference on Disarmament and Director of the Geneva Branch of the Department for
Disarmament Affairs) read out a message addressed to the Third Review Conference by the
Secretary-General of the United Nations. In the message, the Secretary-General, noting that the
Convention on Certain Conventional Weapons still had only 100 States parties, welcomed the
steps expected to be taken at the Third Review Conference to encourage other States to accede to
it, especially those among the least developed or developing countries which were affected by
the problem of mines and explosive remnants of war. He also welcomed the imminent entry into
force of Protocol V on explosive remnants of war.
23. Highlighting the effects of cluster munitions during and after armed conflicts, the
Secretary-General urged the States parties to devise norms that would immediately reduce and
ultimately eliminate the horrendous impact of those weapons in humanitarian and economic
terms. In particular, he called on them to declare a freeze on the use of cluster munitions against
military assets located in or near populated areas - an action which was in any event illegal under
international humanitarian law - and on the transfer of such munitions which were known to be
unreliable and inaccurate. In fact, technical requirements should be established for any new
weapons system so that the risk it posed to civilian populations could be reduced.
24. The Secretary-General noted with satisfaction that the States parties intended to continue
their efforts to prevent the loss of human life caused by mines other than anti-personnel mines.
He urged them to articulate strong legal commitments that would reinforce the humanitarian
norms laid down in the Convention. He also noted with satisfaction that the States parties were
making progress in devising an effective cooperation and compliance mechanism which would
fully apply to the Convention and the Protocols annexed thereto.
SUBMISSION OF THE REPORT OF THE GROUP OF GOVERNMENTAL EXPERTS
(agenda item 10) (CCW/CONF.III/7 and Add.1 to 8)
25. The PRESIDENT, introducing the report of the Group of Governmental Experts
(CCW/CONF.III/7 and Add.1 to 8), said that the annexes to the report had been issued in the
form of addenda for technical reasons, which had strictly no effect on their status. The Group
had held three sessions in 2006, from 6 to 10 March, from 19 to 23 June and from 28 August
to 6 September, as well as informal consultations. It had settled all the procedural and
substantive issues required to enable the Third Review Conference to begin its work; in
particular, it had approved and recommended a set of draft rules of procedure for the Conference,
a provisional agenda and programme of work for the Conference and the two Main Committees,
as well as a draft final document and a draft declaration to be issued by the Conference on the
occasion of the entry into force of Protocol V relating to explosive remnants of war.
26. The Group of Governmental Experts had examined proposals relating to compliance with
the Convention and the Protocols annexed thereto, explosive remnants of war, mines other than
anti-personnel mines, a sponsorship programme and the universalization of the Convention and
its Protocols. The Group had agreed on a plan of action to promote the universalization of the
Convention and a draft decision relating to the establishment of a sponsorship programme under
the Convention. As for the first three issues - explosive remnants of war, mines other than
anti-personnel mines and compliance - no consensus had emerged, although positions had moved
markedly closer. He considered that the reports on those three issues, which appeared in addenda
to the Group’s progress report, properly reflected the state of progress in the proceedings, and
that the Conference could consider those issues under agenda items 13, 14 and 18 taking into
account all the statements made and all the working papers and other documents presented.
27. Noting that the Group of Governmental Experts had taken a large number of its decisions
by consensus, in a climate of constructive cooperation, and that many documents had been
presented, demonstrating the genuine commitment and serious efforts of all the participants, he
considered that the Group’s proceedings constituted a good starting point for what was to be
undertaken at the Third Review Conference and augured well for the conduct of the Conference.
The coordinators of the Group of Governmental Experts on the issues of explosive remnants of
war and mines other than anti-personnel mines, as well as the Friend of the President of the
Group on the issue of compliance, had agreed to serve as his Friends for the same issues during
the Review Conference.
GENERAL EXCHANGE OF VIEWS (agenda item 11)
28. Mr. KAHILUOTO (Finland), speaking on behalf of the European Union, as well as the
acceding countries Bulgaria and Romania, the candidate countries Croatia and The former
Yugoslav Republic of Macedonia, the countries of the Stabilization and Association Process and
potential candidates Albania, Bosnia and Herzegovina, Montenegro and Serbia, as well as
Liechtenstein, Ukraine and Moldova, said that the right of parties to an armed conflict to choose
methods or means of warfare was not unlimited. That was a fundamental rule on which the
Convention on Certain Conventional Weapons and the Protocols annexed thereto drew in
prohibiting or restricting the use of certain specific types of weapons or munitions. The
European Union viewed the prohibitions and restrictions imposed by those instruments as
establishing minimum standards applicable in all situations of armed conflict, and so called upon
all States that had not yet done so to ratify or accede to the Convention and its Protocols,
including amended article 1 of the Convention. It unreservedly supported the plan of action for
the universalization of those instruments which was to be adopted at the Third Review
Conference.
29. At the first two Conferences held to review the Convention, the States parties had extended
the scope of the regime established by the Convention, strengthened the rules relating to mines,
booby-traps and other devices spelled out in Protocol II and adopted two new protocols, one on
blinding laser weapons and the other on explosive remnants of war, thus demonstrating that it
was possible to adapt the Convention to advances in weapons technology and developments in
the nature and conduct of armed conflict. That said, it was important that any new instrument
created under the Convention should meet the general objective of strengthening international
humanitarian law and should be designed to be effective in the field. A protocol on mines other
than anti-personnel mines would serve that very purpose, but the European Union was concerned
that some States parties were apparently still not able to subscribe to an agreement on a draft
protocol.
30. At the Third Review Conference, the States parties should reaffirm the importance of the
principles agreed and commitments made at the previous conferences and take the opportunity to
review and clarify the obligations entered into under the regime established by the Convention
and the Protocols annexed thereto, but also to strengthen their implementation, and to exchange
experience relating to national legislation, cooperation and assistance, the dissemination of the
Convention and legal reviews of new weapons. The European Union welcomed the proposal put
forward by the President on the issue of compliance and supported the draft final document
provisionally approved by the Group of Governmental Experts.
31. In addition to the issues of mines other than anti-personnel mines and compliance, the
European Union wished to highlight the issue of explosive remnants of war: the disproportionate
impact on the civilian population of munitions, including submunitions, that might become
explosive remnants of war, not to mention the huge burden that could arise from the need for
their clearance, meant that each of the States parties must commit itself to resolving that issue
urgently. They should work for the universalization of Protocol V and its expeditious and
effective implementation. The European Union encouraged the States parties to participate in the
informal consultations on that subject which would be organized on the margins of the Third
Review Conference. It was in favour of further work on the issue beyond the Third Review
Conference, in accordance with the mandate it had submitted at the fifteenth session of the
Group of Governmental Experts. It would be important to pursue work on the issue beyond the
Conference by focusing more on clarifying the existing obligations, strengthening their
implementation and promoting the universality of the Convention and the Protocols annexed
thereto.
32. Ms. MILLAR (Australia) pointed out that, since the Second Review Conference, the States
parties had been dedicating themselves to examining the issue of mines other than anti-personnel
mines and that of explosive remnants of war. Concerning mines other than anti-personnel mines,
the studies and information put before the Group of Governmental Experts by Governments and
non-governmental organizations had provided irrefutable evidence that such weapons, when
undetectable and persistent, threatened the lives of both civilians and humanitarian workers and
impeded development long after hostilities, when they had ceased to have any military utility.
More effective restrictions must be placed on the use of mines other than anti-personnel mines.
Ideally, the States parties, at the present Review Conference, should finalize a legally binding
protocol on the issue; to make a practical difference on the ground, the protocol must include
measures on detectability and the active life of mines, and strengthen existing international law.
33. As for the question of explosive remnants of war, Protocol V on the subject, which would
enter into force on the following 12 November, could greatly alleviate the problems of
contamination by explosive remnants of war through clearance, cooperation and information
exchange measures. The technical annex on preventive measures should also greatly help to
reduce the risk that weapons might become explosive remnants of war. Australia was on the
point of ratifying the Protocol and had already begun to provide assistance for decontamination.
That said, more could be done: while the existing rules of international humanitarian law were
specific and comprehensive enough to make it possible to curb the problem, the fact remained
that they could be better implemented, as the report prepared by Professor McCormack showed.
Further work was needed on examining those rules, including with regard to targeting, and on
further studying the possibility of introducing technical preventive measures as well as a system
of confidence-building measures on destruction of old or outmoded weapons. In that spirit,
Australia endorsed the idea of continuation of the current mandate of the Group of Governmental
Experts.
34. Australia had always supported the idea of devising a compliance mechanism for the
Convention and all the Protocols annexed to it, inspired by the model established by amended
Protocol II and following a clear, consistent and effective approach at low cost. That said, it was
also ready to accept the proposal made to the Third Review Conference by the President.
Australia welcomed the President’s initiative in producing a plan of action to promote the
universality of the Convention, as well as a sponsorship programme under the Convention. In the
Asia-Pacific region there were many countries affected by the problem of explosive remnants of
war that could benefit from participating in the work carried out under the Convention and
receiving assistance thereby. A sponsorship programme would be particularly useful in the
context of Protocol V.
35. Mr. MACKAY (New Zealand) said that the States parties to the Convention had achieved
constructive results after their work over the past five years. Most importantly, they had adopted
Protocol V on explosive remnants of war, whose entry into force was imminent and which
New Zealand, for its part, planned to ratify before the end of 2006. Yet progress remained to be
made in many areas, particularly that of cluster munitions. The delegation of New Zealand fully
endorsed the call made by the United Nations Secretary-General for States to take steps in
relation to such weapons without further delay. They should negotiate a legally binding
instrument that would meaningfully address the humanitarian consequences of the use of cluster
munitions, thereby demonstrating that the Convention and its Protocols offered, in terms of
international humanitarian law, the means of responding to the contemporary concerns of the
international community. In the view of the delegation of New Zealand, specific international
regulations with regard to cluster munitions should relate principally to the following elements:
the persistent nature of failed cluster munitions, prohibition of the use of such munitions within
areas with concentrated civilian populations, prohibition of indiscriminate attacks of a nature to
strike combatants and civilians alike, prohibition of the use of such weapons in circumstances in
which they were likely to cause disproportionate loss of human life among the civilian
population and excessive damage to civilian objects, and lastly, the potential for increased
proliferation, retention or use of stocks of outmoded cluster munitions.
36. The issue of mines other than anti-personnel mines was also an issue which the Review
Conference should address as a matter of priority. New Zealand would welcome the adoption of
an instrument on the issue which would have the effect of genuinely strengthening existing
international humanitarian law. That said, it feared that an instrument of which some key
provisions relating to the detectability and active life of the mines in question were optional
would have the effect of undermining international humanitarian law rather than strengthening it.
37. Mr. GRÖNING (Germany) said that his country fully subscribed to thestatement made by
the representative of Finland on behalf of the European Union. He wished very particularly to
draw delegations’ attention to three issues, firstly that of explosive remnants of war: Protocol V,
which Germany had been the fifth State to ratify, was a major step, which nevertheless was not
yet sufficient to make it possible to settle all the aspects of the problem, especially that of cluster
munitions, which had an excessive impact on the civilian population. Throughout the year 2006,
the German delegation had sought to prompt a responsible and transparent discussion on cluster
munitions within the framework of the proceedings of the Group of Governmental Experts. The
previous September it had submitted a text which set out the elements of an agreement among
the States parties (CCW/GGE/XV/WG.1/WP.3), in order that it should be developed further, in
particular by devising provisions aimed at significantly reducing the dud rate which led to the
creation of explosive remnants, as well as restrictions on the use of cluster munitions within or
near populated areas. The German armed forces, for their part, had phased out all the cluster
munitions they had stockpiled whose failure rate was over 1 per cent.
38. Secondly, regarding mines other than anti-personnel mines, the draft instrument which had
been drawn up on that subject was firmly supported not only by the European Union but also by
the vast majority of States, and it should be finalized as quickly as possible. In the view of the
German delegation, the provisions of such an instrument which dealt with the detectability and
active life of munitions should be legally binding in nature, as what was involved was better
protection of the civilian population.
39. Thirdly, regarding blinding laser weapons, the German delegation was of the view that, in
view of the evolution of such weapons during the decade which had followed the entry into force
of Protocol IV, it was time to review the implementation of that important instrument and
consider improving it, in particular by drawing up precautions which could possibly be taken in
the area of the design of military laser systems. It was important to find solutions in those three
areas, and hence the German delegation hoped that the Third Review Conference would renew
the mandate of the Group of Governmental Experts and that the States parties would continue to
meet as frequently as in the past.
40. Mr. CHENG (China) said that substantial progress had been made where the
Convention was concerned during the period which had followed the last Review Conference,
particularly as regards the universalization of the instrument and the Protocols annexed to it. In
addition, the scope of the Convention and the Protocols had been extended to armed conflicts of
a non-international character, while the Protocol relating to explosive remnants of war had
enriched the humanitarian rules laid down in the Convention. The Group of Governmental
Experts had held in-depth discussions on the issues of anti-vehicle landmines, a compliance
mechanism and a sponsorship programme, discussions which presaged the real possibility of
agreement on certain points. In China’s view, it was now important to promote the
universalization of the Convention, including amended article 1, as well as the Protocols annexed
thereto, and to work for the effective application of all those instruments. China placed great
hopes in the plan of action which was scheduled for adoption for that purpose at the present
Review Conference. As for China, it had yet to ratify Protocol V relating to explosive remnants
of war; it had striven to fulfil the obligations it bore under the Convention and the Protocols
annexed thereto, and had actively participated in international cooperation activities carried out
in the framework of the Convention.
41. Concerning the issue of explosive remnants of war, China welcomed the imminent entry
into force of Protocol V, which made a significant contribution at the international level to arms
control and the protection of non-combatants. Earnest implementation of the provisions of the
Protocol, including generic preventive measures, would help to resolve the problem posed by
such remnants. Concerning anti-vehicle mines, considerable progress had been achieved in the
Group of Governmental Experts over the past five years on that issue, although divergent views
remained on certain aspects. At the present stage, delegations should make a special effort to find
a consensus solution which struck a balance between military requirements and humanitarian
concerns, took into consideration the economic and technological capabilities of different
countries, proposed a different approach for anti-vehicle mines, which did not have the same
military value or raise the same humanitarian concerns as anti-personnel mines, and, lastly, was
realistic and feasible.
42. Concerning compliance, China favoured the idea of establishing for all of the Convention
and the Protocols annexed thereto a mechanism based on the one used in amended Protocol II,
which it regarded as the most realistic and feasible solution. Moreover, the establishment of a
sponsorship programme would greatly enhance the influence of the Convention and its
Protocols, as well as the universality and implementation of those instruments.
43. Mr. CHANG (Republic of Korea), noting that, since its adoption in 1980, the Convention
on Certain Conventional Weapons had been playing a paramount role in realizing the principles
of international humanitarian law, said that the last two Review Conferences had made it
possible to adopt measures which had truly added to the authority and relevance of the
Convention. At the present Review Conference, the delegations would be invited to adopt a plan
of action to promote the universality of the Convention and establish a sponsorship programme.
They might perhaps reach agreement on an optional mechanism to ensure compliance with the
provisions of the Convention and the Protocols, which, in the view of the delegation of the
Republic of Korea, would contribute to more effective implementation of those instruments.
44. It was regrettable that, despite all the work devoted to it by the Group of Governmental
Experts, it was unlikely that the Review Conference would be able to adopt a protocol on mines
other than anti-personnel mines. The Republic of Korea, for its part, would prefer such a
protocol to be legally binding, so that the impact of the mines in question could be combated
effectively. However, in the interests of a possible consensus, it would be ready to consider the
solution proposed at the last session of the Group of Governmental Experts, under which States
would be free to decide whether the application of certain provisions would be binding or
optional.
45. Welcoming the forthcoming entry into force of Protocol V on explosive remnants of war,
he said that his country planned to ratify that instrument as soon as possible. Delegations should
now focus their deliberations on ways and means available to strictly apply the generic
preventive measures set out in the Protocol. The Working Group on Explosive Remnants of War
had made good progress on the issue, and therefore its mandate should be extended so that it
could complete its work.
46. Mr. MACEDO (Mexico) expressed the hope that the States parties to the Convention
would demonstrate, at the present Review Conference, that they were capable of continuing to
develop and codify international humanitarian law relating to certain conventional weapons and
that they possessed the political will required to do so. The protection of civilian populations
before, during and after armed conflicts was ultimately at stake.
47. It was in that spirit that Mexico and certain countries had put before the Conference for
consideration a draft mandate for the negotiation of a legally binding instrument on cluster
munitions. Those countries had observed that the existing rules of international humanitarian law
were not adequate to minimize the risk posed by the use of such munitions for the civilian
population, owing to their lack of precision and a high dud rate. Consequently, they considered
that their use should be strictly regulated initially and the use of certain types of such weapons
prohibited outright. In the same spirit, Mexico welcomed the forthcoming entry into force of
Protocol V on explosive remnants of war. As for mines other than anti-personnel mines, Mexico,
while favouring a complete ban on that type of mine, was aware that a number of delegations did
not share that view. At all events, it could not join a consensus on an instrument which did not
have the effect of strengthening and supplementing the provisions of amended Protocol II.
48. As regards the issue of a mechanism for verification of compliance with the provisions of
the Convention and the Protocols annexed thereto, Mexico viewed the draft decision presented
by the President as a first step in the right direction and was of the opinion that work on the topic
should be continued after the Review Conference. The sponsorship programme which was
proposed broadly met the concerns raised by the low level of participation in the work carried
out in the framework of the Convention by least developed or developing States parties. Mexico
was ready to support all efforts to ensure the universal application of the Convention and the
Protocols annexed thereto, a goal pursued by the plan of action which was proposed for adoption
by the Conference.
49. Mr. ANTONOV (Russian Federation) said that the Russian Federation had taken part in
the drafting of the Convention and the Protocols annexed thereto, and that it had been among the
first States to ratify those instruments. It had become a party to amended Protocol II in
December 2004 and, in October 2006, the President of the Russian Federation had signed the law
adopting the amendment to article 1 of the Convention. The country was preparing to ratify
Protocol V.
50. He expressed appreciation to the delegations which had put forward proposals designed to
solve the complex and urgent problems which were related to the Convention. He considered
that it was important to analyse those proposals in terms of the implications of their
implementation. The main criteria governing that analysis should be the balance that they would
strike between humanitarian, military and economic interests, the practical scope for the
fulfilment of the obligations that would be entered into and the focusing of the proposals on the
settlement of actual rather than imaginary humanitarian problems, in addition to the fact that the
proposed solutions should be consensual, otherwise the Convention itself and its universalization
would suffer.
51. Overall, the Russian Federation was satisfied by the work accomplished by the Group of
Governmental Experts over the past five years, which had made it possible to identify the
problems more clearly and make substantial progress in certain areas. That was the case for the
question of mines other than anti-personnel mines. The stakes in that regard were very high, at
least in the case of the Russian Federation, which largely relied on such mines for its defence.
He pointed out in that regard that it was not possible to apply directly to mines other than
anti-personnel mines the technical requirements laid down as regards anti-personnel mines
because the functions of the two types were different. In addition, it had yet to be shown that
mines other than anti-personnel mines posed a real danger to civilian populations. Moreover, it
should not be forgotten that mines must be detectable after conflicts, and not during hostilities,
and so it was important to modernize mine detection devices rather than seeking to modify mine
design. Lastly, it was necessary to be aware that it was difficult to draw up a single set of rules
regarding the active life of remotely delivered mines other than anti-personnel mines, since that
depended on circumstances. An added fact was that mines of types which were highly advanced
would make developing countries dependent on output from technologically advanced
countries and would oblige them to earmark for that purpose resources which were much needed
for their development. In order to resolve the humanitarian problems posed by mines other than
anti-personnel mines while maintaining their military utility, it would be better for the States
parties to focus their efforts on international cooperation, assistance for humanitarian demining,
assistance to the population during the post-conflict period, regulation of the use of mines of
that type and the development of transparency measures. All the technical parameters set for
such mines should be for optional application. As regards explosive remnants of war, the
Russian Federation could not agree to the restriction or prohibition of munitions deemed to be
very dangerous in the absence of evidence to support such a claim. In that regard, Protocol V
furnished an example of balanced interests and a compromise solution.
52. With regard to the mechanism which was to be set up to ensure compliance with the
provisions, the Russian Federation continued to support the proposal put forward by
South Africa. It noted with satisfaction that the draft decision drawn up by the President was
essentially policy-oriented; it planned to study more closely the idea of establishing a pool of
experts. Before taking any decision in that regard, it was important to clarify the underpinnings
of the proposal fully and ensure that it would not give rise to a politicization of the issues under
consideration or lead to unjustified financial implications. The Russian Federation would be
ready to support the programme of action to promote the universality of the Convention, the
smooth implementation of which would be decisive for the authority of the Convention, and also
the sponsorship programme, provided that it was funded from voluntary contributions and did
not lead to unnecessary bureaucratic machinery. He trusted that the constructive climate which
had always marked the work carried out in the framework of the Convention would continue
during the Review Conference, so that it would be possible to study all the aspects of the
problems under consideration and their consequences for the national security of the States
parties. It was his hope that the final declaration of the Conference would sum up in a balanced
manner the implementation of the provisions of the Convention and the Protocols annexed
thereto and would contain clear recommendations on ways and means of ensuring the
universality of those instruments and their effectiveness.
53. Mr. MARTABIT (Chile) referred to the principles of international humanitarian law which
were set out in the preamble to the Convention. Noting the work carried out in the framework of
the Group of Governmental Experts relating to the question of mines other than anti-personnel
mines and that of explosive remnants of war, he said that the present Review Conference should
serve as an occasion to make further progress in those two areas, with the aim of securing
practical results. As for the question of mines other than anti-personnel mines, which was
centred on improving the living conditions of the civilian population and humanitarian deminers
during and after hostilities, what was needed, after four years of discussions during which the
States parties had addressed the most important elements of the issue, including the detectability
and active life of such devices, was to adopt a mandate for further work which would incorporate
the various viewpoints expressed and make it possible to move forward in studying an
instrument which would settle that important question and provide for the essential cooperation
and assistance activities. As regards explosive remnants of war and international humanitarian
law, he favoured continuation of the three-stage initiative outlined by the coordinator on the
issue in March 2004, as well as study of the McCormack report, in particular the
recommendations that appeared in it which could help to lessen the humanitarian impact of such
explosive remnants.
54. Concerning compliance, the Chilean delegation favoured the establishment, for that
purpose, of a mechanism which would apply to the Convention and to all the Protocols annexed
thereto. Noting the imminent entry into force of Protocol V on explosive remnants of war, Chile
was convinced that the universalization and application of that instrument would offer useful
means of combating the many consequences of conflicts. It supported the draft plan of action to
promote the universality of the Convention and the Protocols annexed thereto, proposed by the
Group of Governmental Experts. As for the sponsorship programme which the President of the
Conference proposed to institute, Chile hoped that that programme, which was indeed useful,
would be governed by the same principles as those which had made a success of the mechanism
set up in the framework of the Ottawa Convention, namely financing through voluntary
contributions, facilitation of appropriate regional representation and assistance for the purpose of
better fulfilment of all the obligations entered into by the States parties.
55. For its part, the Chilean Government had initiated the procedure for the ratification of
Protocol V and the incorporation of amended article 1 of the Convention into domestic law.
It wished to pay tribute to the contribution made by the United Nations agencies, other
international organizations, regional organizations and the International Committee of the
Red Cross and the Geneva International Centre for Humanitarian Demining, as well as
non-governmental organizations, to the strengthening of international cooperation in the
application of the prohibitions and restrictions laid down by the Convention and the Protocols
annexed thereto. It counted on broad and effective participation by civil society in the
Conference held to review a convention which was focused both on disarmament and on
humanitarian law.
56. Mr. KHAN (Pakistan), noting that the Convention on Certain Conventional Weapons, as
conceived, made it possible to address a wide range of humanitarian issues posed by a variety of
conventional weapons and therefore constituted an important instrument amongst the many
conventions and treaties relating to arms control, considered that theConvention and its four
Protocols were working effectively and that its provisions should be applied strictly because the
aim was to reduce the sufferings of human beings in conflicts. It was equally important to
universalize those instruments, and the draft plan of action presented to the Review Conference
for consideration should contribute to the attainment of that goal. Protocol V on explosive
remnants of war, which would shortly enter into force, would expand the scope of the
Convention and enhance its significance. The discussions which had taken place in the Working
Group on the question of explosive remnants of war had been very useful - the recommendations
made by Professor McCormack in his report deserved further study. In that regard, the States
parties should strive to identify points of convergence while continuing their deliberations on
contentious issues and avoid rushing to adopt solutions that were neither workable nor
achievable.
57. In relation to the question of anti-vehicle mines, he noted that stark divergences remained
on key issues, beginning with the definition of that expression, which would define the future
scope and parameters of the deliberations among the States parties. Noting that detectability and
active life were issues which related to the security of States, while the non-detectability and
persistence of anti-vehicle mines were two elements of critical importance in the defensive
strategy of certain countries, he referred to the working paper he had presented to the fifteenth
session of the Group of Governmental Experts, which set out the rationale of the position
adopted by his country on the question (CCW/GGE/XV/WG.2/WP.2).
58. As for the question of a compliance mechanism, the proposed draft needed further work,
and in particular should be based on the idea that such a mechanism should remain optional,
non-intrusive and impartial. He also expressed the hope that the Review Conference would adopt
the draft decision relating to the establishment of a sponsorship programme. Noting that a
number of proposals for future work by the States parties had been submitted for endorsement by
the Review Conference, he urged States not to forget that the aim was to strengthen the regime
established by the Convention and the Protocols annexed thereto and make it more effective and
to avoid any additions and amendments which would slow down or undercut their efforts to
universalize those instruments.
59. Mr. STREULI (Switzerland) noted that, by general agreement, the Convention was an
adaptable instrument and could lead to the formulation of new rules so as to minimize the
harmful effects which certain weapons had on the civilian population during conflicts while
taking into consideration the military interests of States. In that spirit, Switzerland had, even
before the Second Review Conference, in 2001, taken the initiative to propose the adoption of
international regulations on submunitions, or cluster munitions: the purpose was to remedy the
humanitarian problems posed by that type of munition which had already been reported at that
time, but also to establish relevant rules before those munitions were too widely used. The
solution advocated by Switzerland was based in particular on the introduction of technical
improvements designed to reduce the number of duds in the field, the regulation of transfers and
the destruction of stocks of submunitions which did not meet the reliability criteria. That
initiative had not succeeded, as the States parties had preferred to focus their efforts on
post-conflict remedial measures concerning all unexploded munitions, a much more ambitious
holistic approach, which had culminated in the adoption of Protocol V in 2001. The discussions
on explosive remnants of war held in the interim had still not led to regulation of munitions,
including submunitions, which might become explosive remnants of war, an idea to which
Switzerland remained firmly committed. It therefore favoured the idea of setting up a working
group specifically to negotiate a legally binding instrument on cluster munitions, which
continued to cause the most serious humanitarian problems, and it supported the proposed
mandate proposed in document CCW/CONF.III/WP.1*.
60. Switzerland believed that it was necessary to enhance protection of the civilian population
from mines other than anti-personnel mines, which operated indiscriminately. There was a need
for a new instrument dealing specifically with such mines, which should clearly reinforce the
achievements and the norms set out in amended Protocol II. In that regard, the Swiss delegation
considered that legally binding provisions should be adopted as regards the detectability of mines
other than anti-personnel mines and the limitation of their active life.
61. Concerning the establishment of a mechanism relating to compliance with the provisions
of the Convention and the Protocols annexed thereto, Switzerland had repeatedly upheld the idea
of an effective and binding solution. However, it seemed that the majority of States preferred a
political solution, setting out measures to promote compliance and cooperation in the
implementation of the provisions. The Swiss delegation supported the draft decision relating to
the establishment of a sponsorship programme within the framework of the Convention.
62. Monsignor TOMASI (Holy See) assured the States parties that the Holy See would do its
utmost to ensure that the Third Conference to review the Convention achieved tangible results, in
the interests of all the population groups affected by war and conflicts. The success of the
Conference would be measured in terms of the impact its decisions would have on the daily lives
of the persons in question. The universalization of the Convention, compliance with the
obligations entered into, the sponsorship programme and the scrupulous implementation of the
agreements embodied in the various Protocols annexed to the Convention should constitute not
only a whole, but also a common commitment on the part of all the States parties, for, as the
representative of the Holy See pointed out, in armed conflicts, with their trail of misery and
suffering, there were neither winners or losers.
63. In any event, the Convention on Certain Conventional Weapons, despite its limitations and
its failures, should retain its dynamic, evolutionary and flexible nature. As new weapons were
designed and produced, it was important that reflection and negotiations should keep pace with
military realities, so that those new weapons complied with the criteria laid down by the
Convention and its Protocols, and, where necessary, new instruments were negotiated where
existing agreements proved inadequate. In that light, the Holy See welcomed the imminent entry
into force of Protocol V on explosive remnants of war and considered that it was now the duty of
the States parties to make that Protocol useful, effective and operational. That should not distract
them from other urgent tasks: mines other than anti-personnel mines continued to pose serious
humanitarian problems, and the Holy See therefore hoped that meaningful and robust agreement
with a view to a new protocol on the issue would be reached at the present Review Conference.
He trusted that the Review Conference would adopt a negotiating mandate on that issue, as it
could not ignore such a serious problem. Pending the culmination of such negotiations in
effective solutions, States should declare a moratorium on the use of cluster munitions. In the
same spirit, a thorough examination of the question of laser weapons was necessary.
64. The challenges were considerable, but he was convinced that the States parties had the
ability to meet them as long as they had the political will required and took into consideration the
interests of the most vulnerable population groups. The legitimate security of States could not be
assured if it jeopardized the lives and future of their populations. Even as a last resort, armed
conflicts constituted failure, and it was necessary to avoid compounding failure with irreparable
consequences.
65. Mr. Draganov (Bulgaria) took the Chair.
66. Mr. PRASAD (India) said that his country was firmly committed to the Convention on
Certain Conventional Weapons and the humanitarian principles it embodied. India had ratified
the five Protocols annexed to it, as well as amended article 1 of the Convention, and had taken
the necessary steps to fully implement its obligations under amended Protocol II, just as it would
take all requisite measures to apply the other Protocols, including Protocol V. India favoured the
adoption of the proposed plan of action to promote the universality of the Convention. It would
provide support to the draft decision relating to the establishment of a sponsorship programme.
67. In India’s view, it was important to establish a mechanism to ensure compliance with the
provisions. However, given the difficulties that would be raised by further amendment of the
Convention in order to establish such a mechanism, the Indian delegation supported the
President’s proposal for the adoption of a draft policy decision for that purpose and hoped that
that draft would secure consensus. Concerning paragraph 7 of part II of the draft decision in
question (CCW/CONF.III/8), it wished to point out that, as far as India was concerned, the
High Contracting Parties would be required to take the steps referred to in order to fulfil their
obligations under the Convention and the Protocols annexed thereto only wherever necessary.
68. The forthcoming entry into force of Protocol V on explosive remnants of war would
constitute a landmark in the achievement of the basic objectives of the Convention. India, which
was among the 25 States that had notified the Secretary-General of their consent to be bound by
the Protocol, looked forward to the declaration to be made by the Review Conference on that
subject. Protocol V contained remedial measures to be taken after conflicts, including those in
relation to the removal or destruction of explosive remnants of war, and above all it recognized
the right of the High Contracting Parties to seek and receive assistance and required them to
provide assistance in dealing with the problems posed by existing explosive remnants. Article 9
of the Protocol encouraged the High Contracting Parties to take remedial measures to minimize
the occurrence of such remnants. He was confident that, when strictly implemented, Protocol V
would go a long way towards mitigating the humanitarian problems associated with explosive
remnants of war. After the adoption of the Protocol in November 2003, the Working Group on
Explosive Remnants of War had continued its work by focusing on study of the application of
the existing principles of international humanitarian law and possible preventive technical
measures to improve the design of certain specific types of munitions in order to prevent them
from becoming explosive remnants of war. The responses to the questionnaire on the application
of the existing principles of international humanitarian law at the national level had demonstrated
that the States parties were determined to fulfil their obligations under that law. The analytical
report on those responses, prepared by Professor McCormack, had identified gaps in the
application of that law and outlined the steps which might be taken to rectify them. India was
convinced that that work would encourage the States parties to take further measures to fulfil
their obligations. That said, it considered that the mechanisms set up under the Geneva
Conventions and the Protocols additional to those Conventions would offer the best way to
consider any proposal for elaborating on the existing principles of international humanitarian law
and promoting their application. At their meetings, the military and technical experts had carried
out useful work by establishing criteria for identifying types of munitions which posed special
risks for humans and had considered measures focused on enhancing the reliability of those
munitions. Those experts should be given an opportunity to conclude their work, in particular as
regards preventive measures related to the design of munitions.
69. The Working Group on Mines Other than Anti-Personnel Mines had made significant
progress in evolving the outline of a future protocol regarding the use of such mines. He hoped
that it would be possible to settle the final difficulties and adopt a legally binding protocol on the
issue. He would not wish the States parties to that protocol to be able to opt out of some of the
obligations contained in the future instrument, as that would probably make it impossible to
respond to the humanitarian concerns raised by those devices. Lastly, he paid tribute to the
active, constructive and most useful participation of the International Committee of the
Red Cross and non-governmental organizations in the work conducted in the framework of the
Convention.
70. Mr. BETTAUER (United States of America) said he wished to reiterate the position the
United States had always held concerning the regulation of conventional weapons which had
indiscriminate effects or caused excessive harm: what was needed was to find the requisite
balance between humanitarian concerns and States’ military interests, to clarify the facts
concerning the weapons in question and to secure a consensus on the restrictions required.
Protocol V was consistent with that idea. The United States considered that that instrument
would go a long way towards mitigating the suffering caused by explosive remnants of war,
when large numbers of countries acceded to it, applied it and followed the provisions of its
technical annex relating to reliability of munitions, which should immediately reduce the number
of such munitions which became explosive remnants. It was clear from the work of the States
parties on the question of explosive remnants of war, the questionnaire on international
humanitarian law and the analysis of responses prepared by Professor McCormack that the law
applicable to explosive remnants of war was adequate. ICRC had called for the conclusion of an
agreement on cluster munitions. While sharing the humanitarian concern which motivated ICRC,
the United States believed that the best way to counter the effects of those weapons now
consisted in applying existing international humanitarian law, before thinking of drawing up new
rules.
71. For lack of consensus, it had not been possible to incorporate into amended Protocol II,
during the negotiations on that subject, the restrictions relating specifically to anti-vehicle mines,
or mines other than anti-personnel mines, which had been proposed by his country and Denmark.
The United States nevertheless remained convinced that mines of that type genuinely posed a
threat to civilians and that it was possible to regulate their use in a manner consistent with all
legitimate military interests. It had therefore continued to attach priority to the question
throughout the work carried out by the Group of Governmental Experts since 2001. That work
had allowed an exhaustive study of all the technical and political considerations, and so the
delegation of the United States considered that it was now time to bring that work to a
conclusion, or to give up the quest for the adoption of an instrument regulating the use of that
type of weapon. The United States, for its part, would have preferred the adoption of the
30-nation proposal, or the text proposed by the Ambassador of Finland the previous year, but
was committed with other countries to finding compromises. The delegation of the United States
considered that the solution currently proposed (CCW/CONF.III/7/Add.2), incorporating
provisions on the detectability and active life of mines other than anti-personnel mines in
optional annexes to an instrument, could secure consensus, as that would give Governments
which so wished the option of considering the provisions in question as binding, while those
which were not ready to accept the restrictions laid down in that field by those provisions would
have the option of endorsing the other provisions of the instrument, which would, in any event,
constitute a constructive contribution to the law of war. In addition, such a solution would be in
keeping with the conception of the Convention, with the States parties to the latter remaining
free to decide whether to become parties to the Protocols annexed thereto.
The meeting rose at 1.10 p.m. | [
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478967 | UNITED
NATIONS S
Distr.
GENERAL
Security Council
S/AC.26/Dec.168 (2002)
3 October 2002
Original: ENGLISH
UNITED NATIONS
COMPENSATION COMMISSION
GOVERNING COUNCIL
Decision concerning the twenty-fourth instalment of “E3” claims taken by
the Governing Council of the United Nations Compensation Commission
at its 122nd meeting, held on 3 October 2002
The Governing Council,
Having received, in accordance with article 38 of the Provisional Rules for Claims Procedure (“the
Rules”), the report and recommendations made by the panel of Commissioners concerning the twentyfourth instalment of “E3” claims, covering 12 claims, 1/
1. Approves the recommendations made by the panel of Commissioners, and, accordingly,
2. Decides, pursuant to article 40 of the Rules, to approve the amounts of the recommended
awards concerning the claims covered in the report. The aggregate amounts awarded per country, based
on the recommendations contained in paragraph 534 of the report, are as follows:
Country
Number of claims
recommended for
payment
Number of claims not
recommended for
payment
Amount of
compensation
claimed (USD)
Amount of
compensation
recommended (USD)
1/ The text of the report appears in document S/AC.26/2002/23.
GE.02-64375
Page 2
Country
Number of claims
recommended for
payment
Number of claims not
recommended for
payment
Amount of
compensation
claimed (USD)
Amount of
compensation
recommended (USD)
Bangladesh 1 1 24,034,180 2,561,779
Croatia 1 1 9,432,508 105,027
Egypt 1 - 4,050,146 25,000
Germany - 1 2,800,503 nil
India - 1 535,121 nil
Italy - 2 1,875,515 nil
Pakistan 1 - 1,238,966 3,000
United Kingdom - 1 1,847,437 nil
United States 1 - 108,401 40,160
Total 5 7 45,922,777 2,734,966
3. Reaffirms that when funds become available payments shall be made in accordance with
decision 100 (S/AC.26/Dec.100 (2000)/Rev.1),
4. Recalls that when payments are made in accordance with decision 100, and pursuant to
the terms of decision 18 (S/AC.26/Dec.18 (1994)), Governments shall distribute amounts received to the
designated claimants in respect of approved awards within six months of receiving payment, and shall, not
later than three months after the expiration of this time limit, provide information on such distribution,
5. Requests the Executive Secretary to provide a copy of the report to the SecretaryGeneral, to the Government of the Republic of Iraq and to each respective Government.
----- | [
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454736 | GE.01-70823
UNITED
NATIONS
Distr.
LIMITED
FCCC/SBSTA/2001/L.8
2 November 2001
Original: ENGLISH
SUBSIDIARY BODY FOR SCIENTIFIC AND TECHNOLOGICAL ADVICE
Fifteenth session
Marrakesh, 29 October - 6 November 2001
Agenda item 10
OTHER MATTERS
Special circumstances of the Republic of Croatia under Article 4.6 of the Convention
Draft conclusions proposed by the Chairman
1. At its fourth meeting, on 31 October 2001, the SBSTA considered the request from the
Subsidiary Body for Implementation to review the methodology used by the Government of
Croatia to estimate its base year emissions as described in document FCCC/SBI/2001/MISC.3.
It invited Parties to send their views on this matter to the secretariat by 15 February 2002 for
compilation in a miscellaneous document.
2. The SBSTA also requested the secretariat to organize a review of the national
communication of the Republic of Croatia at the earliest convenient time and decided to consider
this matter further at its sixteenth session.
- - - - - | [
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518695 | United Nations S/2004/263
Security Council Distr.: General
31 March 2004
English
Original: French
04-29380 (E) 020404 020404
*0429380*
Letter dated 30 March 2004 addressed to the President of the
Security Council by the Secretary-General
I have the honour to transmit to you attached the text of a communication
dated 25 March 2004 that I received from the Secretary-General of the North
Atlantic Treaty Organization (see annex).
I would be grateful if you would bring this communication to the attention of
the members of the Security Council.
(Signed) Kofi A. Annan
Annex
Letter dated 25 March 2004 addressed to the Secretary-General by
the Secretary-General of the North Atlantic Treaty Organization
[Original: English]
In accordance with Security Council resolution 1088 (1996), I attach the
monthly report on the operations of the Stabilization Force (SFOR) for February
2004. I would appreciate your making this report available to the Security Council.
(Signed) Jaap de Hoop Scheffer
Enclosure
Monthly report to the United Nations on the operations of the
Stabilization Force
1. Over the reporting period (1 to 29 February 2004) there were 10,579 troops
deployed in Bosnia and Herzegovina and Croatia.
Security
2. The overall situation in Bosnia and Herzegovina remained stable during the
period under review, with no serious incidents to report.
3. On 9 February, the High Representative, Lord Ashdown, joined by the
Commander of the Stabilization Force and the United States Ambassador Clifford
Bond, announced a series of actions against several individuals for their provision of
material support to persons indicted for war crimes, namely Radovan Karadzic. The
most prominent person on the list is former Bosnian Serb presidency member Mirko
Sarovic, who resigned over the Orao affair in 2003. The list also includes the chiefs
of police of Lukavica, near Sarajevo, and of Pale. The package of measures freezes
the bank accounts of those on the list, dismisses them from political office and bars
them from standing for office again.
Attacks against SFOR and SFOR operational activities
4. There were no significant acts of violence directed against SFOR personnel
over the reporting period.
5. SFOR continued to contribute to the maintenance of a safe and secure
environment in Bosnia and Herzegovina and to monitor possible terrorist-related
threats throughout the country. SFOR remained engaged with weapons collection,
destruction and framework operations.
6. The results of weapons turned-in/collected from 1 to 29 February within the
framework of Operation Harvest are: 631 small arms (rifles, pistols and revolvers,
etc); 152,408 rounds of ammunition less than 20 mm; 23,158 rounds of ammunition
between 20 mm and 76 mm; 284 rounds of ammunition more than 76 mm; 2,404
hand grenades; 184 mines; 63.15 kilograms of explosives; 2,951 other items
(mortars and mortar rounds, rifle grenades, handmade ordnance, attack rocket, etc).
Weapons collection results showed increased success. SFOR will continue its efforts
in this area in order to contribute to the maintenance of sustained stability in Bosnia
and Herzegovina.
7. However, as part of SFOR’s strategy to facilitate the transfer of responsibilities
to nascent authorities, the local police will be increasingly encouraged to lead
operations of execute Operation Harvest activities independently.
8. On 20 February, Operation Armadillo was transformed to Operation Armadillo
2, changing SFOR’s support for the reduction of unserviceable, redundant and
obsolete Entity Armed Forces ammunition. The focus of Operation Armadillo 2 will
be more on training and monitoring the efforts of the Entity Armed Forces and less
on direct involvement.
9. In February 2004, the Volunteer Reserve Forces destroyed 4,539 SA-7 and 37
SA-16 man-portable anti-aircraft rockets. This initiative is a consistent step forward
in defence reform.
10. On 19 February, an SFOR document examination team, supported by the
Multinational Specialized Units, conducted a search of the PTT office and Sveti
Jovan radio station in Pale. The focus of the operation was to investigate noncompliance issues such as wire-tapping and surveillance of SFOR operations. The
Sveti Jovan radio station is owned by Radovan Karadzic’s daughter, Sonja, and was
previously inspected by SFOR on 2 January 2003.
11. The aircraft of the President of the Former Yugoslav Republic of Macedonia,1
President Trajkovski, crashed on 26 February 2004 near Mostar. SFOR immediately
initiated a series of measures to assist the Bosnia and Herzegovina authorities who
were in overall control of the search and rescue operation. The board of inquiry into
the crash has begun its work under the lead of the Bosnia and Herzegovina
Department of Civil Aviation.
12. On 17 February, the Force Commander, Major General Virgil Packett, sent a
letter to Dragan Covic, the Bosnian-Croat tri-Presidency member, ordering him to
discharge six officers from the Bosnian-Croat component of the army of the
Federation of Bosnia and Herzegovina immediately. The officers include one major,
four colonels and Brigadier-General Jozo Beljo. The six officers were dismissed
because they had engaged in anti-Dayton activities as part of the Bosnian-Croat
third-entry movement.
Cooperation and compliance by the parties
13. On 24 February, SFOR completed an operation in order to release Zeljko
Jankovic to Republika Srpska Interior Ministry Police (MUP) authorities in
Bijeljina. Jankovic was detained by SFOR during another operation in Bijeljina on
28 January 2004.
14. On 2 February, at the 42nd Joint Military Commission (JMC) meeting at Camp
Butmir, representatives of the Entity Armed Forces agreed to significant personnel
cuts. According to the agreement, the army of the Republika Srpska (VRS) will
dismiss 2,200 troops and civilian employees by March 2004, and its strength will be
reduced to 4,000 personnel; the army of the Federation of Bosnia and Herzegovina
(VF) is to be cut by 5,200 forces to a level of 8,000 personnel.
15. During the reporting period, the Entity Armed Forces have carried out normal
training activities, in compliance with the military provisions of the Dayton Peace
Agreement. In February 2004, there were no reports of missing weapons from
weapons storage sites.
16. There were a total of 135 Entity Armed Forces training and operational
activities (15 VRS and 120 VF) during the reporting period and 205 movements (72
VRS and 133 VF) conducted during the reporting period. A total of 10 teams have
been working on three separate mine-clearing tasks throughout the period. All
entities can be considered to have been compliant.
17. SFOR conducted a total of 37 weapons storage sites and ammunition storage
sites inspections during the reporting period (16 VRS and 21 VF). One site was
closed this month and another 12 are pending closure.
Outlook
18. In February, SFOR continued to maintain a safe and secure environment, and
the armed forces of Bosnia and Herzegovina remain in compliance with the General
Framework Agreement for Peace. During the reporting period, SFOR conducted
several operations related to persons indicted for war crimes and individuals
involved in their support networks. SFOR’s active role in weapons collection
operations has diminished with responsibility now being transferred to the Entity
Armed Forces. | [
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482132 | United Nations A/C.2/56/SR.25
General Assembly
Fifty-sixth session
Official Records
Distr.: General6 December 2002
English
Original: Spanish
This record is subject to correction. Corrections should be sent under the signature of a member
of the delegation concerned within one week of the date of publication to the Chief of the
Official Records Editing Section, room DC2-750, 2 United Nations Plaza, and incorporated in a
copy of the record.
Corrections will be issued after the end of the session, in a separate corrigendum for each
Committee.
01-62154 (E)
*0162154*
Second Committee
Summary record of the 25th meeting
Held at Headquarters, New York, on Tuesday, 6 November 2001, at 3 p.m.
Chairman: Mr. Barnwell (Vice-Chairman) .................................... (Guyana)
later: Mr. Djumala (Vice-Chairman) ................................... (Indonesia)
Contents
Agenda item 97: Sustainable development and international economic cooperation
(continued)
(a) Women in development (continued)
(b) Human resources development (continued)
(c) High-level dialogue on strengthening international economic cooperation for
development through partnership (continued)
(d) Implementation of the commitments and policies agreed upon in the
Declaration on International Economic Cooperation, in particular the
Revitalization of Economic Growth and Development of the Developing
Countries, and implementation of the International Development Strategy for
the Fourth United Nations Development Decade (continued)
Agenda item 96: Sectoral policy questions (continued)
(a) Business and development (continued)
Agenda item 98: Environment and sustainable development (continued)
(b) International Strategy for Disaster Reduction (continued)
(c) Implementation of the United Nations Convention to Combat Desertification in
Those Countries Experiencing Serious Drought and/or Desertification,
particularly in Africa (continued)
(e) Further implementation of the Programme of Action for the Sustainable
Development of Small Island Developing States (continued)
The meeting was called to order at 3.20 p.m.
Agenda item 97: Sustainable development and
international economic cooperation (continued)
(A/56/221, A/56/222-S/2001/736, A/56/306 and
A/56/362-S/2001/87)
(a) Women in development (continued) (A/56/321
and Corr.1)
(b) Human resources development (continued)
(A/56/162 and 306)
(c) High-level dialogue on strengthening
international economic cooperation for
development through partnership (continued)
(A/56/364 and 482)
(d) Implementation of the commitments and
policies agreed upon in the Declaration on
International Economic Cooperation, in
particular the Revitalization of Economic
Growth and Development of the Developing
Countries, and implementation of the
International Development Strategy for the
Fourth United Nations Development Decade
(continued) (A/56/306)
1. Ms. Weill-Hallé (North American Liaison Office,
International Fund for Agricultural Development) said
that human and economic development required
continued efforts to move gender issues from the
margin to the mainstream. Gender inequalities were
undermining global human and economic growth.
Closing gender gaps in education resulted in faster
economic growth, and improvements in the socioeconomic status and health of women also had an
immediate and lasting impact on the well-being of the
entire family.
2. The experience of the International Fund for
Agricultural Development (IFAD) had shown that rural
women held the key to the goals in household food
security and nutrition that were central to the Fund’s
mandate and to the survival of poor rural households.
In IFAD-assisted projects, women had proved to be a
driving force in making them effective and in reducing
poverty. However, the restricted access of women to
knowledge, assets and services and their lesser
influence on the decisions that affected their lives
curtailed their ability to perform their multiple roles.
3. Consequently, women must be empowered to
play active roles in decision-making and they must be
ensured access to knowledge, technologies, assets and
services. In developing countries, microfinancing had
enabled women to increase their asset base, diminish
their vulnerability, strengthen their self-confidence and
improve their social status. While it was not a panacea
for poverty reduction, microfinancing could contribute
greatly to improving the living conditions of the rural
and urban poor. Recognizing that, IFAD dedicated
significant attention to the development of rural
finance systems, institutional diversity and sustainable
access of the rural poor to financial services. Roughly
two thirds of IFAD projects had a rural finance
component. That experience had yielded a number of
lessons related to the gender perspective on
microfinance. First, for poor rural women, access to
financial services was more important than the level of
interest rate they had to pay for the services. Therefore,
it was important to focus on building sustainable rural
finance institutions while at the same time expanding
the outreach of those institutions towards the poor.
Secondly, decisions on who should be the owners and
who the users of microfinance institutions were best
left to the people concerned. In some cultures, women
would decide to be the sole owners; in others, they
might prefer to form a separate unit within a
microfinance institution or opt for some other solution.
Thirdly, microfinance institutions needed to become
more gender-sensitive in terms of the financial
products and services they offered and in their
operating procedures. Fourthly, because in most
countries microenterprise activities were differentiated
by sex, and support was customarily concentrated on
microenterprises run by men, business development
services specifically for women microentrepreneurs
were needed.
4. Also, in countries where a wealth of rural finance
activities had developed, it might be useful to elaborate
national policies and strategies on financial services for
the rural poor, both women and men. Such strategies
could facilitate the provision of finance services to the
poor, ensure that different initiatives were coherent and
complementary, support the creation of an appropriate
regulatory and legislative framework, and help develop
demand-based and sustainable financial services over
the long term. To make a reality of the millennium
development goals, over half of which were directly
correlated with the improved capabilities and wellbeing of rural women, focused efforts would be
required to redress gender inequalities and improve the
social and economic statusof poor rural women. IFAD
promised to continue its work to achieve that goal.
5. Ms. Siddharth (International Labour
Organization) said that the International Labour
Organization (ILO) provided technical assistance to
developing countries and countries in transition, in the
form of skills training for people living in poverty or
social exclusion. Analysis had shown that gender
issues were complex and cross-cutting, affecting all
aspects of employment. The ILO adopted a holistic
approach, which embraced the promotion of core
labour standards and fundamental rights at work; job
creation, with the emphasis on women; the
improvement of working conditions, including social
protection; and human resources development, training
and social dialogue.
6. It was important to make skills development
strategies and programmes more responsive to the
needs of people, especially women living in poverty.
New methodologies for formulating training and
curriculum development programmes had therefore
been introduced in a number of countries, with the aim
of fostering collaboration with public and private
training providers and with the relevant ministries. The
ILO Capacity-building Programme on Gender, Poverty
and Employment aimed: (a) to enhance the capacity of
local, national and regional stakeholders to understand
the interrelationship between gender, poverty and
employment and to assess, develop and implement
anti-poverty and employment promotion actions; and
(b) to mainstream a gender-and-employment
perspective into national and international policy
agendas on poverty eradication. The programme had
already begun in the Southern Cone of Latin America,
Southern Africa, some Arab States and Central and
Eastern Europe.
7. A striking trend in micro- and small enterprises
was the significant rise in the number of women
entrepreneurs. In many countries, such women had to
contend with policy, regulatory and institutional
environments that were unfriendly and had a bias
against small enterprises. Nonetheless, more and more
women were owners or managers of small enterprises
in the less traditional sectors. ILO technical
cooperation activities in that regard included assistance
in designing and implementing programmes in the
following fields: skills and entrepreneurship training,
productivity improvement, managerial capacitybuilding, accessing resources, institution-building and
policy advice and research. ILO support for addressing
gender concerns would be further extended by a new
programme for boosting employment through small
enterprise development, with a view to both reflecting
and encouraging the growing number of women
entrepreneurs.
8. Women continued to occupy the lower and
middle ranks of organizations, had unequal access to
training and promotion, encountered difficulty in
entering male-dominated professions and were paid
less than men for equal work. Faced with increasing
competition in the global marketplace, the advantage
lay with organizations that maximized the potential of
their workforce by addressing the needs and aspirations
of all their workers, both men and women. ILO
supported the work of the Inter-Agency Task Force on
Full Employment and Sustainable Livelihoods and
would contribute actively to the preparation for the
high-level segment of the 2002 session of the
Economic and Social Council on the theme of the
contribution of human resources development,
including in the areas of health and education, to the
process of development.
9. Mr. Al-Khal (Bahrain) said that legislation to
promote the cause of women had been enacted in his
country since the 1920s, and had dealt with questions
relating to the legal situation of women, the right to the
ownership and management of property and the right to
health care, education, employment and social security.
Women’s political rights, including the right to vote
and the right to participate in public life, had been
reaffirmed. The progress made had been due to the
tireless work of the National Council for Women,
whose efforts had been crowned with success. Women
had been encouraged to participate actively in the life
of society and in social and economic affairs and at the
same time to strengthen the family, which was the
basic unit of society. Women participated in
government, were members of institutions of civil
society and occupied senior posts in ministries. Some
ambassadors were women.
10. In the context of the changes taking place in the
economy and thus in the labour market, it was
important to devote more attention to human resource
development. It would therefore be necessary to
modify education policies in order to adapt to those
changes. A functional relationship would need to be
developed between education and the knowledge-based
professions, which had assumed more importance in
the new economy. Human development reports would
need to be examined and consideration would need to
be given to the defects and drawbacks in existing
labour legislation. The Government had adopted
measures to stimulate national investment and promote
foreign investment in the field of human resources,
among others. It was crucial that experiences should be
shared with other countries in order to strengthen
international cooperation with a view to speeding up
development that would lead to a better future.
11. Ms. Soettady (Indonesia) said that her delegation
endorsed the statement made by the representative of
the Islamic Republic of Iran on behalf of the Group of
77 and China. The issue of women in development had
been discussed in the Committee for over two decades,
and it was further addressed in the Beijing Platform for
Action. In debates on the issue, it had been agreed that
the mobilization of women — particularly through
gender mainstreaming in all walks of life, including
development — was a critical factor in the
advancement of women. Although the number of
businesses owned by women had steadily increased
throughout the world, women continued to encounter
constraints in seeking access to financial resources.
Such constraints had been aggravated by the steep
downturn in the global economy and the uncertainties
in the wake of the terrorist attacks in the United States
on 11 September 2001.
12. In developing countries, the most vulnerable
groups, such as women and children, were worst
affected by the negative impact of globalization. In the
face of that situation, existing commitments to
empower women must be met and strategies already
adopted must be translated into reality. Women must be
given access to credit at both the macro and the micro
levels, to education, to high-paying jobs and to
administrative and managerial positions, so that they
could secure sustainable livelihoods for their families
and communities. Such issues, particularly the gender
perspective in macroeconomic development and the
gender dimension in financing for development should
be taken up at the International Conference on
Financing for Development.
13. The Chairman said that the Commission had
concluded the general debate on agenda item 97.
Agenda item 96: Sectoral policy questions (continued)
(a) Business and development (continued)
Draft resolution on business and development
(A/C.2/56/L.18)
14. Mr. Traub (United States of America) introduced
the draft resolution, which was sponsored by his
delegation.
Agenda item 98: Environment and sustainable
development (continued)
(b) International Strategy for Disaster Reduction
(A/C.2/56/L.15)
Draft resolution on the International Strategy for
Disaster Reduction
15. Mr. Moeini Meybodi (Islamic Republic of Iran)
introduced the draft resolution on behalf of the Group
of 77 and China.
16. Mr. Djumala (Indonesia), Vice-Chairman, took
the Chair.
(c) Implementation of the United Nations
Convention to Combat Desertification in Those
Countries Experiencing Serious Drought and/or
Desertification, particularly in Africa
(continued)
Draft resolution on the implementation of the United
Nations Convention to Combat Desertification in Those
Countries Experiencing Serious Drought and/or
Desertification, particularly in Africa (A/C.2/56/L.17)
17. Mr. Moeini Meybodi (Islamic Republic of Iran),
introducing the draft resolution on behalf of the Group
of 77 and China, said that the sponsors had made a
number of revisions to the text which would be duly
transmitted to the secretariat of the Committee.
(e) Further implementation of the Programme of
Action for the Sustainable Development of
Small Island Developing States (continued)
Draft resolution on the further implementation of the
Programme of Action for the Sustainable Development
of Small Island Developing States (A/C.2/56/L.16)
18. Mr. Moeini Meybodi (Islamic Republic of Iran),
introducing the draft resolution on behalf of the Group
of 77 and China, said that the sponsors had made a
number of revisions to the text which would be only
transmitted to the secretariat of the Committee.
The meeting rose at 4.15 p.m. | [
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425638 | UNITED
NATIONS E
Economic and Social
Council
Distr.
LIMITED
E/CN.4/S-5/L.1/Add.1*
23 October 2000
Original: ENGLISH
COMMISSION ON HUMAN RIGHTS
Fifth special session
17-19 October 2000
Agenda item 4
REPORT TO THE ECONOMIC AND SOCIAL COUNCIL ON
THE FIFTH SPECIAL SESSION OF THE COMMISSION
DRAFT REPORT OF THE COMMISSION
Rapporteur: Ms. Marie GERVAIS-VIDRICAIRE
Chapter
IV. LETTER DATED 3 OCTOBER 2000 FROM THE PERMANENT
REPRESENTATIVE OF ALGERIA TO THE UNITED NATIONS OFFICE AT
GENEVA ADDRESSED TO THE UNITED NATIONS HIGH COMMISSIONER FOR
HUMAN RIGHTS (continued)
_______
* The present document contains the conclusion of chapter IV, providing details of the action
taken on the draft proposal submitted under agenda item 3.
GE.00-15658 (E)
IV. Letter dated 3 October 2000 from the Permanent Representative of Algeria
to the United Nations Office at Geneva addressed to the United Nations
High Commissioner for Human Rights (continued)
Grave and massive violations of the human rights of the Palestinian people by Israel
1. At the 5th meeting, on 19 October 2000, the representative of Tunisia introduced draft
resolution E/CN.4/S-5/L.2/Rev.1, sponsored by Algeria, Bahrain, Bangladesh,
Brunei Darussalam, China, Cuba, Egypt, Indonesia, Jordan, Kuwait, Lebanon, Malaysia,
Mauritania, Morocco, Niger, Oman, Pakistan, Palestine, Qatar, Saudi Arabia, Senegal, Somalia,
the Sudan, Tunisia, Turkey, the United Arab Emirates and Yemen.
2. At the request of the representative of the United Kingdom of Great Britain and
Northern Ireland, supported by the representatives of Tunisia and Venezuela, the Chairperson
suspended consideration of the draft resolution.
3. At the 6th meeting, on 19 October 2000, the Commission resumed consideration of draft
resolution E/CN.4/S-5/L.2/Rev.1.
4. Statements in connection with the draft resolution were made by the representatives of
Pakistan (on behalf of the Organization of the Islamic Conference) and Tunisia.
5. In accordance with rule 28 of the rules of procedure of the functional commissions of the
Economic and Social Council, the attention of the Commission was drawn to the estimated
administrative and programme budget implications of the draft resolution.
7. At the request of the representative of the United States of America, a roll-call vote was
taken on the draft resolution, which was adopted by 19 votes to 16, with 17 abstentions. The
voting was as follows:
In favour: Bangladesh, Bhutan, China, Cuba, India, Indonesia, Madagascar,
Mauritius, Morocco, Niger, Pakistan, Philippines, Qatar, Senegal,
Sri Lanka, Sudan, Swaziland, Tunisia, Venezuela.
Against: Canada, Czech Republic, France, Germany, Guatemala, Italy,
Japan, Latvia, Luxembourg, Norway, Poland, Portugal, Romania,
Spain, United Kingdom of Great Britain and Northern Ireland,
United States of America.
Abstaining: Argentina, Botswana, Brazil, Burundi, Chile, Colombia, Ecuador,
El Salvador, Mexico, Nepal, Nigeria, Peru, Republic of Korea,
Republic of the Congo, Russian Federation, Rwanda, Zambia.
8. Statements in explanation of vote after the vote were made by the representatives of
Argentina, Burundi, Canada, Chile, France (on behalf of the European Union; the
Czech Republic, Latvia, Poland and Romania aligned themselves with the statement),
Guatemala, India, Japan, Nepal, Norway, Mauritius, the Republic of the Congo and the
United States of America.
9. After the adoption of the draft resolution, statements in connection with the draft
resolution were made by the observers for Israel and Palestine.
10. For the text of the resolution as adopted, see chapter II, resolution 2000/S-5/1.
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538854 | UNITED
NATIONS E
Economic and Social
Council
Distr.
GENERAL
E/CN.4/2005/20
14 December 2004
Original: ENGLISH
COMMISSION ON HUMAN RIGHTS
Sixty-first session
Item 6 (a) of the provisional agenda
RACISM, RACIAL DISCRIMINATION, XENOPHOBIA AND
ALL FORMS OF DISCRIMINATION: COMPREHENSIVE
IMPLEMENTATION OF AND FOLLOW-UP TO THE DURBAN
DECLARATION AND PROGRAMME OF ACTION
Report of the Intergovernmental Working Group on the effective
implementation of the Durban Declaration and Programme of
Action on its third session*
Chairperson-Rapporteur: Mr. Juan Martabit (Chile)
* The annexes are reproduced in the language of submission only.
GE.04-16799 (E) 040105
Summary
At its third session, the Intergovernmental Working Group conducted a thematic analysis
of racism and health, racism and the Internet, and complementary standards.
One issue repeatedly raised by delegations and discussed by the panellists was the lack of
disaggregated health data on different racial, ethnic and minority groups, such information being
important in developing health services sensitive to particular needs.
Regarding racism and the Internet, delegations and panellists examined the competing
interests of upholding freedom of speech and expression and the need to ban incitement to
racism on the Internet.
Concerning complementary standards, the participants found that the single most
pressing obstacle to tackling racism, racial discrimination, xenophobia and related intolerance, as
well as the effective implementation of the Durban Declaration and Programme of Action, is the
failure of States to implement their obligations and that concrete efforts at the national level,
including by national human rights institutions, with appropriate support from the international
community, would make a substantial contribution to the fight against racism.
The Working Group adopted a set of recommendations on each theme.
CONTENTS
Paragraphs Page
Introduction .............................................................................................. 1 4
I. ORGANIZATION OF THE SESSION .......................................... 2 - 14 4
A. Attendance ................................................................................ 4 - 7 4
B. Opening of the session .............................................................. 8 5
C. Election of the Chairperson-Rapporteur ................................... 9 5
D. Opening statements ................................................................... 10 - 11 5
E. Adoption of the agenda ............................................................. 12 5
F. Documentation .......................................................................... 13 5
G. Organization of work ................................................................ 14 5
II. GENERAL STATEMENTS ........................................................... 15 - 19 6
III. THEMATIC ANALYSIS ............................................................... 20 - 49 6
A. Racism and health ..................................................................... 20 - 36 6
B. Racism and the Internet ............................................................ 37 - 49 9
IV. COMPLEMENTARY STANDARDS ............................................ 50 - 63 12
V. FOLLOW-UP TO THE RECOMMENDATIONS OF THE
SECOND SESSION AND RECOMMENDATIONS FOR
FUTURE WORK ............................................................................ 64 - 72 15
VI. RECOMMENDATIONS ................................................................ 73 16
VII. ADOPTION OF THE REPORT ..................................................... 74 21
Annexes
I. List of attendance ................................................................................................. 23
II. Agenda ................................................................................................................. 25
III. List of documents prepared for the Working Group ............................................ 26
Introduction
1. The present report is submitted to the Intergovernmental Working Group on the effective
Implementation of the Durban Declaration and Programme of Action in accordance with
Commission on Human Rights resolution 2003/30. While the recommendations included in
section VI were adopted by consensus by the Working Group, the other sections of the report are
the sole responsibility of the Chairperson-Rapporteur.
I. ORGANIZATION OF THE SESSION
2. As reflected in the report on the second session of the Working Group (E/CN.4/2004/20),
under paragraph 26 of the recommendations, the present report is structured in four parts:
general statements; thematic analysis (racism and health, racism and the Internet);
complementary standards; recommendations and future work.
3. The Working Group held its third session in Geneva from 11 to 22 October 2004. The
Working Group held a total of 20 meetings.
A. Attendance
4. The session was attended by representatives of States Members of the United Nations,
non-Member States, specialized agencies, treaty bodies, special procedures of the Commission
on Human Rights, intergovernmental organizations and non-governmental organizations. (For
the list of attendance, see annex I.)
5. Several experts were invited to participate in the three panels on the themes under
consideration. Regarding the theme of racism and health, the following experts gave
presentations: Mr. Paul Hunt, Special Rapporteur on the right of everyone to the highest
attainable standard of physical and mental health; Ms. Helena Nygren-Krug, Health and
Human Rights Adviser, World Health Organization (WHO); Ms. Cristina Torres Parodi,
Regional Adviser in Health Policy Development, Pan American Health Organization (PAHO);
Mr. Manuel Carballo, Director, Centre for Migration and Health (United Kingdom);
Dr. Benedeto Saraceno, Director, Department of Mental Health and Substance Abuse - Mental
Health and Discrimination (WHO); Dr. Federico Montero, Medical Officer, Discrimination
and Right to Health (WHO); Dr. Nora Groce, Professor of Global Health (Yale University);
Ms. Miriam Maluwa, Senior Adviser, Law and Human Rights, Joint United Nations Programme
on HIV/AIDS (UNAIDS); and Dr. Ximena Avellaneda, Grupo de Estudios sobre la Mujer
Rosario Castellanos (Rosario Castellanos Study Group on Women) - Health and Indigenous
Peoples.
6. On the theme of racism and the Internet, the following experts gave presentations:
Mr. Marc Furrer, Director, Federal Office of Communication (Switzerland);
Mr. Ernest C.A. Ndukwe, Chief Executive Officer, Communications Commission (Nigeria);
Mr. Alexander Ivanko, Senior Adviser on Freedom of the Media, Organization for Security
and Cooperation in Europe (OSCE), and Mr. Robert Shaw, Internet Policy Adviser,
International Telecommunication Union (ITU).
7. On the theme of complementary standards, the following experts gave presentations:
Mr. Alexandre Sicilianos, Vice-Chairman, Committee on the Elimination of Racial
Discrimination (CERD); Mr. Raghavan Pillai, Vice-Chairman, CERD; Mr. Doudou Diène,
Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and
related intolerance; Mr. Yuri Kolosov, member, Committee on Economic, Social and Cultural
Rights (CESCR); Ms. Patrina Patten, member, Committee on the Elimination of Discrimination
against Women (CEDAW); Mr. Lee Swepston, Chief, Equality and Employment Branch,
Human Rights Coordinator, International Labour Office (ILO); Ms. Jo-Anne Bishop, Adviser on
Tolerance and Non-Discrimination, Office of Democratic Institutions and Human Rights
(OSCE/ODIHR); and Mr. Serguei Lazarev, Chief, Fight against Discrimination and Racism
Section, United Nations Educational, Scientific and Cultural Organization (UNESCO).
B. Opening of the session
8. At the first meeting, Mr. Dzidek Kedzia, Chief of the Research and Right to
Development Branch in the Office of the High Commissioner for Human Rights (OHCHR),
opened the session.
C. Election of the Chairperson-Rapporteur
9. Also at the first meeting, Ambassador Juan Martabit (Chile) was elected
Chairperson-Rapporteur by acclamation.
D. Opening statements
10. United Nations High Commissioner for Human Rights, Mrs. Louise Arbour, delivered
the opening address.
11. The Chairperson-Rapporteur made a statement.
E. Adoption of the agenda
12. Also at the first meeting, the Working Group adopted the agenda for its third session
(E/CN.4/2004/WG.21/6) (annex II).
F. Documentation
13. The Working Group had before it a number of documents, a complete list of which is
attached (annex III).
G. Organization of work
14. The Working Group approved its programme of work as contained in document
E/CN.4/2004/WG.21/7.
II. GENERAL STATEMENTS
15. Representatives of 13 States took the floor in the general debate on agenda item 5.
Delegates stressed the importance of implementing the Durban Declaration and Programme of
Action, and expressed their commitment to fight against racism, racial discrimination,
xenophobia and related intolerance. Several welcomed the broad participation of States on the
first day of the Working Group and called on States to continue to participate actively in the
proceedings. Several expressed support for the pragmatic approach taken during the discussions
with the aim of finding practical solutions to eliminate racism and racial discrimination.
16. Delegates discussed strategies that were being implemented at the national level.
Anti-discrimination legislation had been adopted or was being elaborated in several countries.
The Chairperson suggested that the texts of such legislation should be made available to Member
States in order to share experiences of good practices. Numerous States referred to the work
undertaken by various ministries within their Governments as well as by national human rights
institutions in tackling racism and racial discrimination. One delegate mentioned the creation of
a fund, with an allocation of substantial financial resources over several years, to coordinate
measures to fight against racism, anti-Semitism and extremism.
17. Awareness-raising campaigns to inform the larger public about the positive aspects of
multiculturalism and the importance of tolerance were under way in several countries. Such
campaigns often targeted young people at school, and were designed as part of educational
programmes against racism and racial discrimination.
18. Several delegates acknowledged that the primary responsibility for combating racial
discrimination rests with States. States were encouraged to ratify the International Convention
on the Elimination of All Forms of Racial Discrimination and were reminded that the effective
implementation of the Convention was of utmost importance. Some delegates acknowledged the
positive efforts made to date by the United Nations and regional organizations in combating
racism. The importance of the international legal framework in combating racism and racial
discrimination was pointed out by many delegates. Some delegates mentioned the need to tackle
contemporary forms of racism with additional tools.
19. An NGO observer stressed the difficulties faced by Muslim populations in the aftermath
of the events of 11 September 2001. Reference was also made to the plight of the Palestinian
people, human rights defenders, indigenous peoples and minorities.
III. THEMATIC ANALYSIS
A. Racism and health
20. The Working Group began its thematic analysis of agenda item 6 by considering the
topic of racism and health.
21. Paul Hunt provided an overview on health and discrimination. He stated that
discrimination on the grounds of race, ethnicity, gender and other factors was a key social
determinant of health. He pointed out that a human rights approach brought an added value to
the issue of health, such as a focus on the disadvantaged and vulnerable. Referring to the origins
and scope of the right to health, he explained that the right to health went beyond health care to
encompass safe drinking water, adequate sanitation and access to health-related information, and
included freedoms, such as the right to be free from discrimination and the right to a system of
health protection.
22. Non-discrimination meant that everyone had the right to the highest attainable standard
of mental and physical health without distinction as to race, colour, national or ethnic origin. At
the same time, attention must be given to ensure that health care was responsive to the particular
needs of vulnerable and marginalized populations. Sound health policy-making within the
context of the Durban Declaration and Programme of Action required that the cultures and
traditions of specific groups be taken into account by actively involving those who were affected
by the decisions being made. He also emphasized the need to train health professionals so that
they were sensitive to ethnic and cultural values in the delivery of health care.
23. Benedetto Saraceno highlighted the key linkages between discrimination and mental
health. Referring to the persisting notion that behavioural and mental disorders were
connected to certain groups of people, he explained that mental illness was prevalent
across all populations, regardless of race or ethnicity. Certain populations such as refugees,
asylum-seekers and migrants were disproportionately burdened by mental health problems
owing to their socio-economic situations and concerns linked to immigration status. Exposure to
racism severely affected a person’s dignity which, in turn, was detrimental to the mental health
of the individual. Emphasizing that racism was a social determinant of mental ill-health, he
indicated that people exposed to discrimination encountered barriers to accessing mental health
care.
24. Noting that access to mental health treatment and care, and discrimination at the
workplace were critical issues for marginalized and vulnerable populations, Dr. Saraceno
stressed the need to ensure that mental health services were accessible and affordable, and
responsive to the needs of marginalized populations, including migrants. Providing education to
indigenous women and to girls was also an effective way of empowering them in light of their
vulnerability to mental health problems. In his view, education and sensitization campaigns in
schools, hospitals, the workplace, as well as by the media in countries of immigration were
effective ways of fighting stigma and discrimination.
25. Helena Nygren-Krug, WHO, underlined the significance of the World Conference in
shedding light onto the issue of health and discrimination. She explained the intersection
between discrimination and health, including the importance of being sensitive to discrimination
in designing public health programmes. For example, outreach activities undertaken in a single
language or ignoring health problems unique to certain groups could result in discrimination.
She also referred to discrimination as a determinant of health. She gave examples of WHO
activities that addressed discrimination, including a world health survey that found
discrimination in the way that different groups of people were treated by the health system and
in the training of health professionals on human rights, in particular, about stigma and
discrimination.
26. Cristina Torres Parodi cited global examples of good practices in health policies and
programmes that addressed racial/ethnic inequalities in access to health. Best practices included:
developing health programmes and strategies that took into account a particular ethnic group;
disaggregating information by ethnic origin; creation of new institutions to deal with racial
discrimination; implementing special programmes and conducting research to reduce disparities
in health conditions and access. In her view, financial commitment was the biggest obstacle to
addressing racial/ethnic inequalities regarding access to health information and services. She
stressed the need to develop ethnically sensitive indicators to monitor progress in meeting the
health-related Millennium Development Goals, to introduce an ethnic variable into national
statistics and to utilize the information in policy-making.
27. Nora Groce addressed racism in the delivery of health care. She asserted that the denial
of health programmes and support services to members of specific ethnic and minority groups
was the most obvious form of racism. Racism could be manifested in more subtle forms, namely
in separate services, often substandard, for members of ethnic or minority populations or in cases
where there was a refusal to acknowledge culturally divergent practices. The denial of the right
to decision-making in health policies by the members of ethnic and minority communities was
also a form of racism. She also underlined the need for improved statistics on health with regard
to minorities and other vulnerable groups.
28. Ximena Avellaneda explained the impact of discrimination on the health of indigenous
peoples. She noted that the systems of traditional medicine maintained by indigenous peoples
through the ages had been discriminated against and rejected in national health plans. She
underlined the need for strengthening the capacity of indigenous organizations to participate in
decision-making and implementation of health plans that involved the welfare of indigenous
peoples. She also called attention to the difficulties faced by indigenous peoples with respect to
their reproductive health and to violence against women. In providing specific ideas for
eliminating such discrimination, she underscored the importance of the political will of
Governments to work for the benefit of women.
29. Federico Montero argued that health and rehabilitation services were inaccessible or
non-existent for the vast majority of persons with disabilities in most countries. Many of the
persons with disabilities lived in isolated areas of developing countries where access to
transportation was difficult. In order to promote and guarantee access, persons with disabilities
and their organizations needed to be directly involved in the planning, monitoring and evaluation
of the health and rehabilitation services. People with disabilities were disproportionately poor,
poverty could cause disability and disability perpetuated poverty. He stressed the importance of
mainstreaming disability prevention and rehabilitation in all poverty reduction programmes and
of promoting community-based rehabilitation strategies.
30. Miriam Maluwa described the complex linkages that existed between discrimination,
poverty and HIV/AIDS. Women belonging to minority groups were particularly vulnerable to
HIV infection as they faced dual discrimination, once by virtue of their gender and second, based
on their ethnicity. She reiterated the need for disaggregated data to demonstrate the trends of
HIV epidemics in marginalized communities. She called for strengthening of local and national
programmes to counter intolerance against people with AIDS, capitalizing on existing
knowledge, and for strong commitment by Governments to promoting access to HIV prevention
measures without discrimination.
31. Manuel Carballo focused on the issue of access to health services for migrants, regardless
of their legal status, refugees and displaced persons. People on the move were more vulnerable
to health risks, including work-related accidents and diseases, sexually transmitted infections,
and reproductive health and chronic psychosocial problems. He underlined the importance of
ensuring access to health care and social support in countries of destination. When the health of
migrants and refugees was threatened, so was the health of people in countries of destination.
Therefore, there was a vested interest on the part of Governments of countries of destination to
ensure access by these groups to health services.
32. In the discussion that followed, many participants agreed that racism was a social
determinant of health and that States had the obligations to develop programmes to address
disparities in access to health.
33. One issue repeatedly raised was the lack of disaggregated health data on different racial,
ethnic and minority groups, needed to understand their health situation and the availability to
them of health services and information. One participant pointed out that lack of disaggregated
data impeded the development of comprehensive national anti-discrimination plans.
Ms. Maluwa indicated that the lack of consensus on the definition and classification of different
groups hampered systematic efforts to collect disaggregated data. She also noted the possibility
of such data being used in a negative manner. She added that UNAIDS had no disaggregated
data regarding HIV and race.
34. Several participants argued that urgent attention should be given to neglected diseases
which often afflicted the poor in developing countries. Mr. Hunt noted that WHO had
implemented good programmes in that area, but agreed that the amount of research being
conducted in the field of neglected diseases was insufficient. He called for additional funds to be
made available for such research.
35. Mr. Hunt stressed the important role played by national human rights institutions in
relation to racism and health. He suggested that more attention should be given to developing a
sound methodology for impact assessments on human rights and health prior to the formulation
of policies.
36. Regarding asylum-seekers and health, Mr. Carballo said that States often gave preference
to asylum-seekers with urgent health needs. Citing trends for asylum policies to become stricter,
he pointed out that health problems, including stress, could be exacerbated by the considerable
time spent waiting for a decision on asylum.
B. Racism and the Internet
37. The Working Group continued its thematic analysis of the implementation of the Durban
Declaration and Programme of Action by considering the topic of racism and the Internet.
38. Robert Shaw presented an overview of the World Summit on the Information Society
(WSIS) which took place in Geneva in December 2003. He referred to the background of WSIS
as well as the Declaration of Principles and the Plan of Action adopted by the Summit. While
recognizing the potential of new information technology to promote sustainable development,
WSIS also confirmed that preventive measures must be taken, as determined by law, against
abusive uses of information technology, such as illegal acts motivated by racism, racial
discrimination, xenophobia and related intolerance. The ethnic dimension of the information
society was one of the key WSIS principles. The focus of the second WSIS, to be held in
Tunisia in 2005, would include follow-up to the Geneva Declaration and Plan of Action as well
as the report of the Working Group on Internet Governance. Mr. Shaw suggested that a WSIS
thematic meeting on ethical dimensions of information communication technologies (ICTs)
could be organized to encourage stakeholders to continue research in this area.
39. Ernest C.A. Ndukwe expressed his views from a regulator’s perspective, as well as that
of someone from a developing country. He cited the crucial role of the Internet in driving the
economy and referred to the digital divide between the developed and developing countries.
Most Governments in developing countries were concerned about facilitating expansion of the
much-needed ICT infrastructure to generate economic growth. Regulatory bodies worldwide
had adopted a light-handed regulatory approach so as not to limit the enormous benefits of the
Internet. Taking account of the nature of the Internet, he stressed that it must be mandatory for
all States not only to legislate against acts that incited hatred in any form, but also to track down
and prosecute offenders. Once the Government had set the appropriate legislation in place, the
regulator should ensure compliance by service providers. The regulator also had a responsibility
for consumer protection and played a direct role in eliminating racism and hate messages on the
Internet.
40. Alexander Ivanko stated that a least-restrictive approach should be taken in addressing
misuse of the Internet. He emphasized the importance of ensuring freedom of expression and
equal access to the Internet, and did not advocate regulation. He also referred to the difficulty of
filtering sites and the relatively small portion of cyberspace occupied by problematic web sites,
such as those inciting racism and hatred. He expressed support for educational programmes to
tackle hatred. For example, in Canada, non-governmental organizations offered classes in
schools to help students learn how to deal with web sites that had racist content.
41. Marc Furrer underlined the importance of maximizing the opportunities offered by ICTs,
while minimizing the dangers of ICTs. He stated that every country should have a national law
that established as a criminal act racist action and the public spread of racist ideas. It was not
necessary to have a specific law on the Internet, as racist action must be judged a crime whether
committed on the Internet or by any other means. Such a law must respect the principle of
freedom of expression and clearly draw the line between freedom of expression and a criminal
racist act. The responsibilities of the Government, the legal system, the private sector and civil
society at the national level must be clear. Private Internet service providers needed to know
when they must take action against customers who violated a law against racism. Governments
must ensure restrictive use of such a law so as not to limit freedom of speech. He further noted
the importance of harmonizing legal structures, as the Internet was not bound by national
borders. Coordinating international action, such as bringing the Durban Declaration and
Programme of Action into the WSIS process, was also essential.
42. In the discussion that followed, many participants recognized the positive role of the
Internet in promoting human development and fostering a culture of tolerance, while expressing
concern about the use of the Internet for widely spreading racist propaganda. The importance of
ensuring equal access to all people around the world was reiterated by many.
43. There was a discussion on whether regulation was necessary. Mr. Furrer defined
regulation as the legal enforcement of measures against racist content on the Internet.
Mr. Ndukwe said that regulation meant checking misuse of Internet resources. Many
participants disagreed with Mr. Ivanko, who opposed regulation of the Internet to fight racism.
Mr. Ivanko stressed the importance of ensuring freedom of expression, and was of the opinion
that hate messages were often spread by classic media and not necessarily the Internet, and that
the courts should decide whether there was a clear and present danger posed by racist sites.
Mr. Shaw pointed out that regulation was indispensable for using new technologies such as the
Internet. The need to strike a balance between freedom of expression and cyber abuse was
echoed throughout the discussion.
44. Many participants agreed that a national law that established as a criminal act racist
action and the spread of racist ideas was necessary. Some referred to a specific law banning
incitement of racism on the Internet, while others referred to a more general anti-discrimination
law that criminalized racist action on and off the Internet.
45. Several participants emphasized the importance of freedom of expression and the need to
clearly draw the line between criminal racist acts and freedom of speech. Mr. Ndukwe, among
others, noted that regulatory measures should not hamper the use of the Internet. The existence
of anti-discrimination legislation was seen as having a deterrent and educational effect for
potential offenders. Technical difficulties in finding the offender should not discourage
authorities from regulating the use of the Internet to propagate racist messages. One participant
suggested that all web sites should bear the name of the author to facilitate prosecution.
46. Several participants underlined the role of regulators in fighting racism in cyberspace.
To avoid the risk of service providers being ruled by the market, Governments needed to oversee
any self-regulatory measures taken by the private sector. Mr. Ndukwe said that consumer
protection constituted a vital responsibility of regulators.
47. It was agreed that international cooperation was essential in addressing the digital divide
between developed and developing countries as well as in combating the misuse of the Internet,
such as inciting racism and hatred. In some countries, in particular in Africa, infrastructure for
establishing an Internet connection was poor and the market had just begun to open up to
operators. Mr. Ivanko explained that OSCE provided financial support to Internet cafés to
promote the use of the Internet. An NGO participant highlighted the digital divide and the need
to ensure access to the Internet by indigenous peoples.
48. Concerning combating racism in cyberspace, reference was made several times to the
Convention on Cybercrime. Participants stressed that international cooperation was possible
even if the applicable legislation was different among countries. Mr. Ivanko, however, referred
to the difficulty in securing international cooperation as some countries could block the process
of building consensus towards uniformity in relevant legislations.
49. Many participants stated that OHCHR should organize a seminar on the human rights
dimension of the use of the Internet. Such a seminar could take stock of measures that had
already been taken in fighting racism on the Internet and recommend areas in which the Working
Group could be active in following-up on the Durban process in that regard. One participant
suggested including the Internet and terrorism as one of the issues to be discussed.
IV. COMPLEMENTARY STANDARDS
50. In connection with item 7 of the agenda, Alexandre Sicilianos presented the views of
CERD on the implementation of the substantive provisions of the International Convention on
the Elimination of All Forms of Racial Discrimination. He said that article 1 clarified the scope
of racial discrimination and provided protection for the groups of victims identified in the
Durban Declaration and Programme of Action. Concerning article 2, the Committee emphasized
the obligation of States parties to take special and concrete measures to guarantee vulnerable
groups the full enjoyment of human rights. He reiterated the Committee’s view that the
prohibition of the dissemination of ideas based on racial superiority or hatred was compatible
with the rights to freedom of expression and freedom of association. Article 4 also applied to
material disseminated on the Internet. The Committee strongly felt that any reservations limiting
the scope of article 4 should be withdrawn. Regarding article 5, Mr. Sicilianos stressed that the
adoption of an international instrument on cultural rights defining the content of those rights
would be useful for the work of the Committee. With regard to article 6, the Committee noted
the difficulties faced by victims of racial discrimination in seeking protection and remedies
against acts of racial discrimination, and invited States parties to regulate the burden of proof in
civil proceedings, thereby ensuring that the complainant did not bear the entire burden of proof.
Finally, with respect to article 7, he underlined the importance of human rights education in the
elimination of racial discrimination.
51. Raghavan Pillai expressed the views of the Committee on the implementation and
effectiveness of the Convention. He began by stressing the importance of the reporting process
for States parties, enabling them to assess and evaluate as well as improve, among other things,
existing legal provisions. He noted the resource constraints of States parties in preparing reports
and referred to the options for dealing with overdue reports, such as the submission of a
consolidated document. Referring to the Committee’s view that preventive measures should be a
part of its regular agenda, he said that early warning measures were to be directed at preventing
existing problems from escalating into conflicts. The presence of a pattern of escalating racial
hatred and violence was one of the criteria for taking early warning measures. He cited the lack
of awareness on the part of the public with respect to the existence of the possibility of
communications from individuals or groups and the importance of first exhausting national
remedies. He concluded that complementary standards in procedures evolved with the dynamics
of the work of the Committee.
52. Doudou Diène elaborated on the new trends of racism. The struggle for human rights in
the area of discrimination had eroded in light of the fight against terrorism, and there had been an
increase in xenophobic political platforms worldwide. He also pointed out that there was an
emerging trend towards establishing a hierarchy among different forms of discrimination. In
order to counter such trends, the universal nature of the struggle against racism must be
emphasized, and linked to the struggle for multiculturism. He stressed the need to implement
existing norms before considering the development of a new instrument. Coordination among
the mechanisms set up to fight racism was of the utmost importance.
53. Pramila Patten provided a gender perspective on racial discrimination. Noting that racial
discrimination did not affect men and women in the same way, she pointed out that women
victims of racism faced structural barriers, including poverty, social exclusion, insecure legal
status, violence and difficulty in accessing the labour market. CEDAW had noted that women
suffered multiple forms of discrimination based on the grounds of race and ethnic or religious
identity, recognized the intersection of gender and ethnicity, addressed women who were at
special risk of violence, and emphasized the special health needs of women belonging to
vulnerable groups. CEDAW had consistently reflected the rights of minority and indigenous
women in its concluding observations. She stressed that the effective implementation of existing
instruments is crucial in combating racism and encouraged the use of individual complaint
procedures, complementarity among treaty bodies and the ongoing reform of the treaty bodies.
54. Yuri Kolosov presented his views on the issue of complementary standards in connection
with the authoritative legal status of general comments and observations issued by treaty bodies
and their possible role in filling in gaps as complementary standards. In this regard, a
determination should be made as to whether such comments and conclusions were legally
binding or not. Mr. Kolosov referred to the possibility of putting forward a request, through the
General Assembly or the High Commissioner on Human Rights, to the International Court of
Justice for such a determination. With regard to complementary standards, he called for broad
participation by States in the implementation of international treaties combating discrimination;
he suggested the transformation of declarations into treaties; he mentioned the possible
elaboration of a model national law against discrimination and the development of a school
programme to teach students about different civilizations; and urged revitalization of the
International Convention Concerning the Use of Broadcasting in the Cause of Peace of 1936. He
also explained the need for a code of ethnics for Internet service providers.
55. Lee Swepston referred to various ILO conventions relevant to combating racism in the
field of labour. He underlined the significance of the ILO Declaration on Fundamental
Principles and Rights at Work and its follow-up, which recognized that the members of ILO had
an obligation to respect the principles concerning the fundamental rights contained in the ILO
conventions. The right to be free from discrimination was one of those fundamental rights.
Citing practical aspects of the work of ILO, he remarked that the ratification and implementation
of existing legal instruments were important and that ratification campaigns to encourage States
to accept certain legal norms could be effective. He also referred to the reluctance of States to
collect data by race and ethnic group, such as the racial make-up of the workforce. Lack of
information on indigenous people, for instance, was contributing to their exclusion in society.
National human rights institutions should have a role in identifying racial discrimination.
56. Serguei Lazarev outlined the UNESCO strategies, priorities and activities which reflected
the Durban Declaration and Programme of Action. The fight against racism, discrimination and
exclusion was central to the mandate of UNESCO and the World Conference had given new
impetus to the UNESCO work programme. New UNESCO strategies would aim at: revitalizing
efforts in the fight against racism; reinforcing cooperation with other United Nations agencies;
and strengthening awareness-raising activities in the field. Priority areas of work would include:
strengthening research efforts on the link between current forms of racism and discrimination as
well as traditional prejudices and forms of discrimination; pursuing the link between
discrimination and women, HIV/AIDS, globalization and other new forms of discrimination; and
construction of identities in multicultural and multi-ethnic societies. UNESCO would also
facilitate the ratification of its standard-setting instruments such as the 1960 Convention against
Discrimination in Education. The new strategies had been designed as a multidisciplinary
exercise, requiring cooperation among the organization’s programme sectors, namely, social and
human sciences, natural sciences, education, culture and communication.
57. Jo-Anne Bishop described the increased role of OSCE in promoting tolerance and
combating racism. ODIHR, among others, had been tasked with serving as a collection point
for information as well as with monitoring incidents motivated by racism, xenophobia,
anti-Semitism and intolerance. In developing its Tolerance and Non-Discrimination Programme,
ODIHR had concentrated its efforts on understanding what activities were being undertaken by
other organizations. Ms. Bishop recommended several measures to ensure the implementation
of existing international standards, including providing concrete support and assistance to States
which had yet to adopt, implement or strengthen national laws to meet international standards, as
well as establishing an international cadre of law enforcement trainers to provide an international
standard of law enforcement training.
58. Following the panellists’ remarks, a group of countries urged States that had not done so
to ratify the International Convention on the Elimination of All Forms of Racial Discrimination
and effectively implement the existing conventions that dealt with the fight against racism and
related intolerance. The group further stated that the effective implementation of existing
conventions should not prevent the Working Group from addressing the gaps identified. In the
view of the group, the best way to deal with gaps in the existing conventions was not through the
adoption of general recommendations by the treaty bodies but through the elaboration of optional
protocols to the relevant international conventions, beginning with the International Convention
on the Elimination of All Forms of Racial Discrimination. Such an optional protocol could deal
with definitions of new racist crimes, a general prohibition of discrimination, human rights
education to promote racial harmony, discrimination against workers in the informal economy
and Internet crimes, and set up criteria for the annual publication of a “racial equality index” as
proposed by the independent eminent experts.
59. Another group of countries highlighted the Committee’s view that a State’s failure to
ratify or to implement the International Convention on the Elimination of All Forms of Racial
Discrimination, rather than the gaps in the Convention itself, was the key issue in combating
contemporary forms of racism. The group stressed that it shared the views of CERD that the
single most pressing obstacle to tackling racism, racial discrimination, xenophobia and related
intolerance, as well as the effective implementation of the Durban Declaration and Programme
of Action, was the failure of States to implement their obligations. The group believed that
concrete efforts at the national level, including by national human rights institutions, with
appropriate support from the international community, would make a substantial contribution to
the fight against racism. Citing the Committee’s comments on article 4, the group said that
further discussions in relation to complementary standards should proceed on the basis of an
assessment of the added value of any additional instruments in combating racism. The group
emphasized that the discussion on complementary standards and the implementation of existing
standards were interlinked.
60. Several participants expressed support for the views of one or the other group of
countries, to varying degrees. Many agreed that the lack of political will on the part of
Governments was a major obstacle in the fight against racism and discrimination.
61. The first group of countries also referred to the proposal made by the former Acting
High Commissioner for Human Rights during the second session of the Working Group that
further standard-setting might be useful in the areas of ethnic cleansing, human rights education,
genocide, indigenous populations and propagation of hatred through the Internet. The group
cited the proposal as an example of a way to deal with gaps in the existing conventions. Several
participants, however, questioned the need to develop new instruments in those areas, such as
human rights education, and called for the gaps to be identified prior to consideration of
additional instruments. Some participants argued that the existing legal framework did not
address the multiple forms of discrimination mentioned in the Durban Declaration and
Programme of Action, and stressed the need for complementary standards.
62. Several participants shared the concern expressed by Mr. Diène that there had been an
increase in xenophobic political platforms worldwide. Several underscored Mr. Diène’s call for
more attention to be paid to the universal nature of the struggle against racism. Mr. Diène
emphasized the need to counter the current trend towards establishing a hierarchy among
different forms of discrimination, and said that specific forms of discrimination experienced by
certain groups must be raised to the universal level. Mr. Diène emphasized the direct link
between fighting racism and the long-term construction of multicultural societies. The
recognition of plural identities was of the utmost importance and victims of discrimination
should not be “locked up” in certain communities. Cultural diversity, multiculturalism and the
building of cultural identities were all essential elements for combating all forms of
discrimination.
63. A participant underlined the importance of country visits by CERD. Drafting an optional
protocol to the Convention setting out conditions and procedures for such visits could be
undertaken by the Committee, if needed. The visits could also be organized in the context of
early warning.
V. FOLLOW-UP TO THE RECOMMENDATIONS OF THE SECOND
SESSION AND RECOMMENDATIONS FOR FUTURE WORK
64. Items 8 and 9 were discussed together. The Coordinator of the Anti-Discrimination Unit
(ADU) presented an overview of the follow-up measures taken by OHCHR in response to the
recommendations of the second session of the Working Group. Those measures took into
consideration the main focus of the role of OHCHR, which was to follow up the effective
implementation of the Durban Declaration and Programme of Action, by collecting information
on initiatives taken by interested stakeholders while focusing on servicing established follow-up
mechanisms and other meetings, providing technical cooperation to partners, strengthening
inter-agency coordination, expanding liaison with NGOs and youth organizations, and launching
a series of publications and other awareness-raising and outreach material.
65. In 2004, the High Commissioner had submitted a report to the Commission on
Human Rights (E/CN.4/2004/17 and Corr.1) and the Secretary-General had submitted a report to
the General Assembly (A/59/375).
66. The Working Group of Experts on People of African Descent held its fourth session in
Geneva from 25 October to 5 November 2004 and considered the impact of racism on health,
employment and housing. It is envisaged that the experts will undertake their first-ever country
mission in 2005, at the request of the Government of the country concerned.
67. The independent eminent experts, who initially met in November 2004 inGeneva to
assess the international standards in fighting racism with a view to preparing complementary
standards, and to address challenges and policy issues pertaining to the work of the other two
follow-up mechanisms, would meet again in 2005.
68. OHCHR/ADU continued to contribute to regional activities. An intergovernmental
meeting in Brasilia for countries in the region on how to address the health-related Millennium
Development Goals from a human rights perspective, jointly organized with PAHO, was
scheduled to take place from 1 to 3 December 2004.
69. OHCHR continued to cooperate with the special procedures of the Commission, relevant
United Nations bodies and specialized agencies, international and regional organizations, CERD,
the United Nations Voluntary Fund for Technical Cooperation in the Field of Human Rights,
UNESCO, the World Bank, the International Monetary Fund, the United Nations Conference on
Trade and Development, ILO, the Office of the United Nations High Commissioner for
Refugees, the European Commission against Racism and Intolerance and ODIHR.
70. Technical cooperation continued to be provided to strengthen national human rights
institutions’ capacity in adopting national plans of action to combat racism, support
awareness-raising initiatives and fund small grants schemes under the Assisting Communities
Together (ACT) project.
71. With regard to the dissemination of information on the work of OHCHR, a newly
redesigned ADU web site would soon be operational. In the area of publications, joint projects
had been undertaken, inter alia, with WHO and UNAIDS (“HIV/AIDS: Stand up for Human
Rights”) and UNESCO (“Dimensions of racism”). They would soon be made available to the
general public.
72. Activities with NGOs and youth organizations had taken place worldwide, with the
support or at the initiative of OHCHR, in close cooperation with other agencies or regional
organizations. Meetings, which had attracted enthusiastic participation, were held in
Washington D.C., Maracaïbo, Venezuela, and Quito in March 2004, Yaoundé in July 2004 (in
association with the United Nations Subregional Centre for Human Rights and Democracy for
Central Africa), and Barcelona, Spain, in August 2004.
VI. RECOMMENDATIONS
73. Following discussion on and analysis of the thematic issues of racism and health and
racism and the Internet, and on the issue of complementary standards, the Working Group
agreed by consensus to adopt the following recommendations:
General
1. States should display greater political will, strengthen national legislation,
further develop and improve implementation strategies and take concrete actions so
as to overcome the obstacles to combating racism, racial discrimination, xenophobia
and related intolerance and achieving racial equality.
2. States should be encouraged to develop or elaborate national action plans to
promote diversity, equality, equity, social justice, equality of opportunity and the
participation of all. In so doing, they should take a participatory approach,
consulting with all sectors of society, including the victims of racism. In this regard,
there is a need to identify and implement good practices to strengthen local and
national programmes in countering racism, racial discrimination, xenophobia and
related forms of intolerance.
3. New strategies should be developed to address multiple or aggravated forms
of discrimination, in particular those suffered by vulnerable groups.
4. States should improve the collection, compilation, analysis, dissemination
and publication of reliable statistical data at the national and local levels in order to
assess regularly the situation of victims and implement policies to combat racism,
racial discrimination, xenophobia and related intolerance, in compliance with
international human rights law and their national legislation. OHCHR should
provide technical assistance to develop the capacity-building of countries to gather
statistical data. Such statistical data should be made available to the relevant
human rights monitoring bodies and mechanisms, including as part of States
parties’ periodic reports to the human rights treaty bodies.
Racism and health
5. The introduction of an anti-discrimination perspective in health policies and
programmes, including in those developed in the framework of poverty reduction
strategies, should ensure that health services are accessible, affordable and
culturally and linguistically appropriate to all sectors of society, including to
vulnerable groups and victims of multiple forms of discrimination.
6. Health education campaigns should be elaborated and carried out.
Culturally sensitive information and recommendations about health and health care
should be disseminated in appropriate languages, and messages must be adapted to
special conditions (disabilities, language, gender and illiteracy) of their intended
audiences.
7. Ombudspersons, national human rights institutions or other appropriate
mechanisms should have, as part of their responsibilities, the fight against
discriminatory practices in health systems and provide appropriate assistance to
victims seeking effective remedies.
8. States should mainstream attention to disability in all poverty reduction
strategies and health-related policies with the aim of promoting rehabilitation of,
equal opportunities for, and social inclusion of people with disabilities who are also
subject to racism, racial discrimination, xenophobia and related intolerance. They
should also ensure that all international development partnerships include aspects
related to health, education, and the economic independence of persons with
disabilities and their families.
9. States should strengthen international cooperation and technical assistance,
as well as partnerships at the national and international levels, to help developing
countries in mainstreaming anti-discriminatory and anti-racist measures, actions,
policies and programmes in their health-care systems, including in the collection
and use of statistics appropriate for anti-discrimination public health
policy-making.
10. All victims of racially motivated acts of violence require physical and mental
health programmes and services that are responsive to their needs, including with
respect to gender issues as well as other grounds of multiple discrimination. Mental
health must be given greater attention within national and international health
policies, strategies and programmes.
11. WHO should be encouraged to develop, in cooperation with OHCHR, the
Special Rapporteur on the right to the highest attainable standard of physical and
mental health and other interested parties, an effective methodology for assessing
the impact of health-related policies through a human rights perspective.
12. In view of the fact that the issue of neglected diseases is a critical challenge to
developing countries, the Special Rapporteur on the enjoyment of the right to the
highest attainable standard of physical and mental health is herein encouraged to
work together with WHO on ways in which the international community can
address it.
13. There is a need to reinforce the policies and programmes of international
organizations on the implementation of the commitments contained in the Durban
Declaration and Programme of Action, by including a victim-oriented perspective,
supporting technical cooperation projects for local capacity-building in developing
countries, and mobilizing additional international funding for the Global Fund to
fight AIDS, Tuberculosis and Malaria.
14. The international community should exert all efforts and adopt measures
towards ensuring access to affordable medication for all, in particular victims of
pandemics such as HIV/AIDS, tuberculosis and malaria, many of whom are subject
or susceptible to different forms of discrimination.
15. The international community should be urged to strengthen its efforts in
addressing the special health needs of people living under foreign occupation,
refugees and internally displaced persons suffering from racism and racial
discrimination. The special health needs of migrants also have to be addressed.
16. Donor organizations should pay greater attention to tackling the problem of
urgent health care of refugees and internally displaced persons, in particular, in
zones of protracted conflict or forgotten humanitarian crisis.
Racism and the Internet
17. Legally enforceable measures should be adopted and implemented at the
national level, in conformity with international human rights law, to counter
incitement to racial hatred or acts of violence through the media and new
information and communication technologies, including the Internet.
18. There is a need to identify and implement good practices at the national and
international levels to strengthen the fight against racism, racial discrimination,
xenophobia and related intolerance on the Internet, and to enhance international
cooperation between law enforcement agencies and national institutions in these
fields.
19. Human rights education should play a prominent role in combating racism,
racial discrimination, xenophobia and related intolerance and promoting a culture
of peace and dialogue. Educational policies and programmes should be formulated
to promote peace, respect for cultural diversity and universal human rights,
non-exclusion and non-discrimination.
20. States should provide OHCHR with information on their implementation of
the provisions of the Durban Declaration and Programme of Action relevant to
combating racism on the Internet.
21. On the question of the elaboration of voluntary ethical codes of conduct and
self-regulatory measures and policies (Programme of Action, para. 144), States
should urge the private sector to proceed in a participatory and transparent
manner.
22. OHCHR should organize a high-level seminar within the next session of the
Working Group on the Internet and racism, racial discrimination, xenophobia and
related intolerance. The purpose of the seminar would be to consider progress
made in the implementation of relevant provisions of the Durban Declaration and
Programme of Action; to assess the possibilities of and challenges posed by the use
of the Internet to propagate or to counter material which incites racial hatred and
acts of violence and propose concrete measures to be taken at the international and
national levels to combat the abuse of the Internet for all forms of racist
manifestations; and to examine the contribution that the Internet can make in the
fostering of social harmony and the fight against racism. OHCHR should
endeavour to ensure the participation of all stakeholders, inter alia States, WSIS,
international and regional organizations, NGOs, the private sector and the media.
23. The United Nations web sites, particularly that of OHCHR, should be used
as a vehicle for combating racism, racial discrimination, xenophobia and related
intolerance, including through the follow-up and implementation of the Durban
Declaration and Programme of Action, both at the national and the international
level.
24. The Working Group calls for full implementation of the recommendations
contained in the ministerial declaration of the high-level segment of the Economic
and Social Council at its substantive session of 2000, “Development and
international cooperation in the twenty-first century: the role of information
technology in the context of a knowledge-based global economy”, thus helping to
bridge the digital divide and to foster digital opportunities and counter poverty and
exclusion, which affects in particular victims of racial discrimination and related
intolerance.
Complementary standards
25. The Working Group considers it appropriate to recall that the obstacles to
overcoming racism, racial discrimination, xenophobia and related intolerance and
achieving racial equality lie mainly in the lack of political will, weak legislation, and
lack of implementation strategies and concrete action by States.
26. The Working Group reiterates the urgency of the universal ratification of
and accession to existing international human rights instruments, in particular
accession to the International Convention on the Elimination of All Forms of Racial
Discrimination, with a view to universal ratification by 2005, and to other relevant
international human rights instruments,1
especially those that lack an adequate
number of ratifications.
27. In combating racism, racial discrimination, xenophobia and related
intolerance, States should consider withdrawing reservations contrary to the object
and purpose of the International Convention and consider withdrawing other
reservations to relevant international and regional legal instruments on human
rights and non-discrimination.
28. To enhance the effective implementation of the International Convention,
States should consider making the declaration envisaged in article 14 of that
instrument, deploy further efforts to comply fully with their reporting obligations,
and follow up on concluding observations and pay due attention to general
recommendations adopted by CERD.
29. To ensure enhanced and coherent implementation of existing international
human rights instruments, coordination should be improved between all regional
and international organizations and human rights bodies with a mandate to address
the issue of racism, racial discrimination, xenophobia and related intolerance.
Fields of coordination could include technical assistance and the collection,
dissemination and exchange of relevant statistics and information on best practices.
30. In the implementation of existing standards, contemporary or new forms or
manifestations of racism and xenophobia should be fought. States should take
action to tackle racist platforms in political institutions present in various parts of
the world, particularly when they impact on the broader political debate and affect
people seriously. Any attempts to justify, intellectually and morally, any form of
racism shall be rejected.
31. States must ensure that anti-terrorist measures are in compliance with
international human rights standards in order to ensure that such measures do not
result in racism, racial discrimination, xenophobia and related intolerance.
32. Attempts to establish hierarchies among different forms of racism, racial
discrimination, xenophobia and related intolerance, as well as among the victims,
must be countered.
33. In the fight against racism, racial discrimination, xenophobia and related
intolerance, the legal human rights-based approach must be complemented by
intellectual and cultural strategies aimed at reaffirming the value of
multiculturalism within and among States, as well as respect for cultural diversity
and for universal human rights.
34. The Working Group reaffirms its mandate to prepare complementary
standards to update and strengthen the existing instruments dealing with the
elimination of racism, racial discrimination, xenophobia and related intolerance.
35. The Working Group should focus its efforts on strengthening the
implementation of existing instruments by identifying gaps in international human
rights law, with a view to preparing complementary standards to address them. In
contributing to these efforts, the Working Group should further conduct an
in-depth assessment and evaluation of the implementation of existing international
instruments, including suggestions to enhance the effectiveness of the fight against
racism, racial discrimination, xenophobia and related intolerance. Complementary
standards should strengthen the existing norms and bring added value.
36. OHCHR is requested to organize a four- to five-day high-level seminar
within the fourth session of the Working Group to address the work identified in
paragraphs 22 and 35 of the present recommendations.
VII. ADOPTION OF THE REPORT
74. Having adopted its recommendations by consensus and entrusted the
Chairperson-Rapporteur with the finalization of the other sections, the Working Group adopted
the present report on 21 October 2004.
Note
1
(a) International Covenant on Economic, Social and Cultural Rights; (b) International
Covenant on Civil and Political Rights and the Optional Protocols to the International Covenant
on Civil and Political Rights; (c) Convention on the Prevention and Punishment of the Crime of
Genocide of 1948; (d) International Labour Organization Migration for Employment Convention
(Revised), 1949 (No. 97); (e) Convention for the Suppression of the Traffic in Persons and of the
Exploitation of the Prostitution of Others of 1949; (f) Convention relating to the Status of
Refugees of 1951, and its 1967 Protocol; (g) International Labour Organization Discrimination
(Employment and Occupation) Convention, 1958 (No. 111); (h) Convention against
Discrimination in Education, adopted on 14 December 1960 by the General Conference of the
United Nations Educational, Scientific and Cultural Organization; (i) Convention on the
Elimination of All Forms of Discrimination against Women of 1979, with a view to achieving
universal ratification within five years, and its Optional Protocol of 1999; (j) Convention on the
Rights of the Child of 1989 and its two Optional Protocols of 2000, and the International Labour
Organization Minimum Age Convention, 1973 (No. 138) and Worst Forms of Child Labour
Convention, 1999 (No. 182); (k) International Labour Organization Migrant Workers
(Supplementary Provisions) Convention, 1975 (No. 143); (l) International Labour Organization
Indigenous and Tribal Peoples Convention, 1989 (No. 169) and the Convention on Biological
Diversity of 1992; (m) International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families of 1990; (n) The Rome Statute of the International
Criminal Court of 1998; and (o) United Nations Convention against Transnational Organized
Crime, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women
and Children, supplementing the Convention and the Protocol against the Smuggling of Migrants
by Land, Sea and Air, supplementing the Convention of 2000.
Annex I
LIST OF ATTENDANCE
States Members of the United Nations
Afghanistan, Albania, Algeria, Angola, Argentina, Australia, Austria, Azerbaijan, Bahrain,
Barbados, Belgium, Benin, Bolivia, Brazil, Brunei Darussalam, Canada, Chile, China, Colombia,
Congo, Costa Rica, Côte d’Ivoire, Croatia, Cuba, Cyprus, Czech Republic, Denmark,
Dominican Republic, Ecuador, Egypt, El Salvador, Estonia, Ethiopia, Finland, France, Ghana,
Germany, Greece, Guatemala, Haiti, Honduras, Hungary, India, Indonesia, Iran (Islamic
Republic of), Ireland, Israel, Italy, Japan, Kenya, Latvia, Lebanon, Libyan Arab Jamahiriya,
Luxembourg, Madagascar, Mali, Malta, Mexico, Morocco, Netherlands, New Zealand,
Nicaragua, Nigeria, Norway, Pakistan, Paraguay, Philippines, Poland, Portugal, Qatar,
Republic of Korea, Romania, Russian Federation, Saudi Arabia, Senegal, Serbia and
Montenegro, Slovakia, Slovenia, South Africa, Spain, Sri Lanka, Sweden, Switzerland,
Syrian Arab Republic, Tunisia, Turkey, United Kingdom of Great Britain and Northern Ireland,
United Republic of Tanzania, Uruguay, Venezuela, Yemen.
Non-member States represented by observers
Holy See.
United Nations
Joint United Nations Programme on HIV/AIDS (UNAIDS), United Nations Development
Programme (UNDP).
Specialized agencies
Food and Agriculture Organization of the United Nations (FAO), International Labour
Organization (ILO), International Telecommunication Union (ITU), United Nations Educational,
Scientific and Cultural Organization (UNESCO), World Health Organization (WHO).
Intergovernmental organizations
African Union, European Commission, International Organization for Migration, League of Arab
States, Organization of the Islamic Conference.
Non-governmental organizations
General consultative status
International Federation of Business and Professional Women, Organization of African Trade
Union Unity.
Special consultative status
Baha’i International Community, InternationalCommittee for the Respect and Application of the
African Charter on Human and Peoples’ Rights, International Service for Human Rights,
Lawyers Without Borders, United Nations Watch, Worldwide Organization for Women.
Roster
Association for the School as an Instrument of Peace, Association of World Citizens, World
Peace Council, World Union for Progressive Judaism.
Accredited to the World Conference against Racism, Racial Discrimination, Xenophobia and
Related Intolerance
Aspacio Afroamericano, Centro Studi per L’Evoluzione Umana, Indigenous Peoples and Nations
Coalition.
Annex II
AGENDA
1. Opening of the session.
2. Election of the Chairperson-Rapporteur.
3. Adoption of the agenda.
4. Organization of work.
5. General statements: exchange of information on participants’ implementation activities
and debate on issues of general interest to the implementation process.
6. Thematic analysis: discussion on and analysis of the following major issues:
(a) Racism and health;
(b) Racism and the Internet.
7. Complementary international standards: examination of submissions from the Committee
on the Elimination of Racial Discrimination and other United Nations bodies and
specialized agencies.
8. Follow-up to the recommendations of the second session.
9. Recommendations for future work.
10. Adoption of conclusions and recommendations.
11. Adoption of the report.
Annex III
LIST OF DOCUMENTS PREPARED FOR THE WORKING GROUP
Symbol TitleE/CN.4/2004/WG.21/6 Provisional agenda
E/CN.4/2004/WG.21/7 Draft programme of work
E/CN.4/2004/WG.21/8 Symbol not used
E/CN.4/2004/WG.21/9 Symbol not used
E/CN.4/2004/WG.21/10 and Add.1 Views of the Committee on the Elimination of Racial
Discrimination on the implementation of the
International Convention on the Elimination of All
Forms of Racial Discrimination and its effectiveness
E/CN.4/2004/WG.21/11 Contribution by other intergovernmental organizations
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490576 | United Nations E/CN.7/2003/10
Economic and Social Council Distr.: General
29 January 2003
Original: English
V.03-80680 (E) 270203 280203
*0380680*
Commission on Narcotic Drugs
Forty-sixth session
Vienna, 8-17 April 2003
Item 5 of the provisional agenda*
Illicit drug traffic and supply
Strengthening international cooperation in the control of
opium poppy cultivation
Report of the Executive Director
1. In its resolution 45/10, the Commission on Narcotic Drugs called upon the
United Nations International Drug Control Programme (UNDCP) to strengthen its
capacity in Afghanistan in the key thematic areas of drug control so that it could
provide the necessary technical support, subject to the availability of voluntary
resources, to mainstream drug control as a cross-cutting issue in reconstruction and
development, giving priority to areas under opium poppy cultivation, and called
upon the Executive Director to submit to the Commission at its forty-sixth session a
report on the progress made in the implementation of the resolution. The present
report is submitted pursuant to that request.
2. UNDCP has provided advisory and technical support to the Transitional
Administration of Afghanistan and to the United Nations Assistance Mission in
Afghanistan (UNAMA) to ensure that drug control is an integral part of all policies,
strategies and projects implemented by the Administration, the United Nations and
other international organizations. The overall strategy for development in
Afghanistan included drug control as a cross-cutting issue. In that multidimensional
context, UNDCP has focused its efforts on the following areas of drug control:
policy support, legislation and advocacy; elimination of illicit crops; suppression of
illicit drug trafficking; and the prevention and reduction of drug abuse. To ensure
cost-effective delivery of assistance, UNDCP has focused on capacity-building for
government institutions involved in drug control and has provided a range of
advisory, training, support and technical services to that end.
3. As an initial means of helping to build the necessary governmental capacity,UNDCP functions as the secretariat to the Counter-Narcotics Department of the
National Security Council and to the Transnational Administration’s working groups
in the five thematic areas of drug control in Afghanistan: law enforcement; demand
reduction; alternative livelihoods for poppy producers; judicial reform; and
institution-building. The representative of the Programme also functioned as Special
Adviser on Drugs to the Special Representative of the Secretary-General for
Afghanistan, ensuring close cooperation with UNAMA and the United Nations
system. UNDCP plays a leading role in the coordination of drug control in
Afghanistan in partnership with the Transitional Administration, UNAMA and donor
countries.
4. UNDCP also provided support for the Transitional Administration in missions
and meetings related to drug control. In its effort to strengthen the institutional
capacity of the Counter-Narcotics Department of the National Security Council as
well as that of other lead ministries, the Programme has provided expertise, policy
drafting assistance and technical support. Likewise, it has continued to provide
advisory and technical assistance to United Nations entities and other international
and local institutions working in Afghanistan.
5. At the request of and in close cooperation with the Counter-Narcotics
Department and as part of its overall strategy to build capacity, UNDCP has assisted
in the creation of six joint provincial offices with the Transitional Administration
that will make the provision of training and support to Afghan staff efficient and
effective.
6. To the extent possible, UNDCP intends to place its international experts in the
National Security Council and relevant line ministries in order to ensure the rapid
transfer of technical knowledge and skills in drug control to Afghan nationals.
7. With regard to drug control legislation, UNDCP has assisted the Transitional
Administration in the preparation and enactment of comprehensive drug legislation,
modalities and structures.
8. UNDCP functioned as the secretariat of the Working Group on Law
Enforcement, which endorsed the draft national drug control strategy. The
Programme also assisted the National Security Adviser in the finalization and
translation into Dari of the draft strategy for submission to the Cabinet.
9. As the secretariat of the Working Group on Alternative Livelihoods, UNDCP
studied the potential positive role of micro-credit and other financing schemes to
dissuade farmers from cultivating opium poppy. The Working Group worked on the
improvement and standardization of the level of knowledge among its members on
terminology, issues and strategies related to alternative livelihoods.
10. The Programme is working closely with the Ministry of Rural Rehabilitation
and Development to create and maintain a database of district-level activities as
alternative livelihoods for opium poppy producers with the aim of offering policy
and planning advice and a better understanding of best practices.
11. A seminar was held in Kabul in December 2002 for the Working Group on
Demand Reduction, with UNDCP functioning as secretariat, aimed at health
officials and other drug abuse officials with a view to creating a better
understanding of the drug demand situation among Afghan communities and of the
extent of current service provision in the field of demand reduction.
12. UNDCP has pursued an integrated approach to demand reduction, bringing
together key agencies in health care, education and community development for the
purpose of training and coordination of services.
13. In an effort to provide a baseline for discussions on the extent and provincial
distribution of opium poppy cultivation, to collect data on opium prices and to
monitor the expansion or reduction of opium poppy cultivation, UNDCP has been
working closely with the Transitional Administration to carry out an opium poppy
survey. In addition, a farmers’ intention survey is expected to be launched soon.
14. As requested in resolution 45/10, UNDCP has been providing advisory and
technical support to UNAMA to ensure that drug control is an integral part of all
policies and strategies, as well as all projects implemented by the United Nations
and other international organizations.
15. As called for in resolution 45/10, UNDCP has continued to cooperate with
Member States and relevant international organizations to provide alternative
livelihoods for opium poppy producers. At a first quadripartite meeting, which was
attended by the representatives of the Transitional Administration of Afghanistan,
the Governments of the Islamic Republic of Iran and the United Kingdom of Great
Britain and Northern Ireland and UNDCP, with the United States of America as
observer, it was agreed to cooperate in providing alternative livelihoods for opium
poppy producers. | [
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432549 | United Nations S/PV.4273
Security Council
Fifty-sixth year
4273rd meeting
Wednesday, 7 February 2001, 9.30 a.m.
New York
Provisional
This record contains the text of speeches delivered in English and of the interpretation of
speeches delivered in the other languages. The final text will be printed in the Official Records
of the Security Council. Corrections should be submitted to the original languages only. They
should be incorporated in a copy of the record and sent under the signature of a member of the
delegation concerned to the Chief of the Verbatim Reporting Service, room C-178.
01-24135 (E)
`````````
President: Mr. Ben Yahia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Tunisia)
Members: Bangladesh . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. Chowdhury
China . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. Shen Guofang
Colombia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. Valdivieso
France . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. Levitte
Ireland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. Ryan
Jamaica . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miss Durrant
Mali . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. Ouane
Mauritius . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. Neewoor
Norway . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. Kolby
Russian Federation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. Granovsky
Singapore . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. Mahbubani
Ukraine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. Kuchynski
United Kingdom of Great Britain and Northern Ireland . . . . . Sir Jeremy Greenstock
United States of America . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. Cunningham
Agenda
The situation in the Great Lakes region
Briefing by His Excellency Mr. Paul Kagame, President of the Rwandese
Republic.
The meeting was called to order at 10 a.m.
Adoption of the agenda
The agenda was adopted.
The situation in the Great Lakes region
Briefing by His Excellency Mr. Paul Kagame,
President of the Rwandese Republic
The President (spoke in Arabic): In accordance
with the understanding reached in the Council’s prior
consultations, I request the Chief of Protocol to escort
His Excellency Mr. Paul Kagame, President of the
Rwandese Republic, to a seat at the Council table.
Mr. Paul Kagame, President of the Rwandese
Republic, was escorted to a seat at the Council
table.
The President (spoke in Arabic): The Security
Council will now being its consideration of the item on
its agenda. The Council is meeting in accordance with
the understanding reached in its prior consultations.
At this meeting the Security Council will hear a
briefing by His Excellency Mr. Paul Kagame, President
of the Rwandese Republic. On behalf of the members
of the Council I welcome Mr. Kagame and convey to
him our appreciation for his having accepted the
Council’s invitation to engage in an exchange of views
on the situation in the Great Lakes region, an issue to
which the Council attaches great importance.
I wish also to welcome His Excellency SecretaryGeneral Kofi Annan and to express our appreciation for
his having accepted our invitation to attend today’s
meeting.
In view of time constraints, I would ask
representatives to limit their interventions to questions
or comments.
I call on the Secretary-General.
The Secretary-General: I have had the chance
this morning to meet with President Kagame, and we
have had a very good discussion. For the second time
in less than one week, we are meeting again here in the
Council to reaffirm our commitment to bringing peace
and stability to the Democratic Republic of the Congo.
I believe the welcome presence of the President
of Rwanda here today should strengthen our resolve to
make the most of this opportunity for change and
ensure that it gives us new impetus towards a final
resolution of the conflict in the Democratic Republic of
the Congo. What is clear to this Council, and should be
clear to all sides in the conflict, is that no country in
the area can hope to enjoy stability while the conflict in
the Democratic Republic of the Congo continues and
that all will benefit from its resolution. I therefore wish
to commend President Kagame and President Kabila
for the statesmanship they showed in meeting last week
in Washington to discuss the challenges facing both
countries and the entire area.
There are difficult issues of governance, national
dialogue, democracy, accountability and reconciliation
that need to be addressed in the Democratic Republic
of the Congo and in the region as a whole if there is to
be a lasting solution in the Great Lakes. There is also
the issue of the continued existence of predatory armed
groups. Although there is no easy military solution to
this dangerous phenomenon, those guilty of the worst
atrocities of human rights abuses — and especially
those guilty of genocide — must not be allowed to
escape unpunished. We must understand that all the
countries in the region, in particular Rwanda, have
legitimate security concerns.
Let me also commend the Government and the
people of Rwanda for their efforts to build and renew
their nation. Much remains to be done, however. The
United Nations will continue to give whatever help it
can to Rwanda in carrying out these tasks.
In welcoming President Joseph Kabila during his
brief visit last week, many members of the Security
Council spoke of the need to seize this opportunity for
the Democratic Republic of the Congo. In addition,
leaders throughout the region have responded to the
latest developments in a way that suggests that they
sincerely wish to implement the Lusaka Agreement in
all its aspects. I hope we can build on this momentum
and on the fact that no major ceasefire violations have
been reported over the past two weeks.
I would like to mention one step that will serve as
an important confidence-building measure as the
United Nations moves to help the parties carry out the
disengagement plan signed in Harare in December. The
Force Commander of the United Nations Organization
Mission in the Democratic Republic of the Congo
(MONUC), Major-General Diallo, is currently
discussing with the authorities in Kigali and in the
Democratic Republic of the Congo the withdrawal of
Rwandan forces and their allies fromthe town of
Pweto, on Lake Mweru in Katanga. We understand that
substantial, if not complete, agreement has been
reached. MONUC is ready to deploy a team of
observers to the town once all the arrangements are in
place. A withdrawal from Pweto by Rwanda and its
allies in accordance with the Harare disengagement
plan would help set the tone for the remainder of the
disengagement plan. It would also represent an
important step towards compliance with Security
Council resolution 1304 (2000) of 16 June 2000, which
calls for the withdrawal of all foreign forces from the
territory of the Democratic Republic of the Congo.
In the report I intend to submit to the Council
next week, I will propose a revised concept of
operations for the deployment by MONUC. I will
propose the deployment of additional personnel to
monitor and verify the implementation by the parties of
the Harare disengagement plan. Meanwhile, MONUC
has already begun to take some initial steps which fall
within the mandate approved by the Security Council
in February 2000. Should the Council approve the
revised concept, MONUC will be able to help the
parties further in drawing back their forces from the
confrontation line. This will reduce the risk of clashes
and serve as a vital first step towards an eventual
complete withdrawal of all foreign forces from the
country.
We may also be on the verge of a new and more
constructive stage in the process of bringing an end to
the conflict and instability in the region. We should,
however, not lose sight of the scale of challenges that
remain. Indeed, it is my profound hope that the
resolution of the conflict in the Democratic Republic of
the Congo will bring peace to the entire Great Lakes
region and, in particular, to Rwanda. We are also taking
urgent steps to re-energize the intra-Congolese
dialogue and I hope the summit that is being planned in
the region will focus on this aspect of the problem. I
think a new opportunity has presented itself and I urge
this Council and every country in the region to do
everything possible to seize it.
The President (spoke in Arabic): I now give the
floor to His Excellency Mr. Paul Kagame, President of
the Rwandese Republic.
President Kagame: I thank the SecretaryGeneral for his introduction and I thank you, Mr.
President, for your invitation to me to address this
Council.
I want to start by informing the Council that
Rwanda has been trying to rebuild itself from the
devastation caused by the genocide and other problems
before that. Progress has been made in the area of the
reconstruction and rehabilitation of the country, in
matters of reconciliation, in dealing with the questions
of justice and in the bigger problem of socio-economic
development.
However, this progress and the efforts behind it
are being hampered by the general context in which
this is happening — the context being what is
happening in the region. This relates to the situation in
the Congo, which I am sure many members of the
Council have been following very closely. Without
peace in the Congo and the countries of the region,
development and this kind of progress definitely will
not take place.
However, there have been efforts before, and
these efforts have continued in order to try to address
these matters that would contribute to peace and
stability in the region. That is why we later on reached
the peace agreement in Lusaka, though at later stages it
became difficult to have it implemented. So, it is
true — I agree, as has been said, that there is a need to
take advantage of the change that has taken place in the
Congo, however tragic that was in its coming. I
discussed with the new President, President Kabila,
many issues relating to what we can all do in the region
to bring about this peace. That mainly focused on the
implementation of the Lusaka peace process. My
country has the desire to fulfil its obligations as
demanded by the Lusaka peace process, or even
beyond that.
There are really three core issues that must be
addressed, in my view, in order to have the Lusaka
process succeed. These are the issues on which the
process was built. One is the inter-Congolese dialogue,
which is talked about in the peace agreement.
Hopefully this inter-Congolese dialogue will lead to a
stable situation internally in the Congo so that
problems will stop originating from the Congo and
affecting the neighbouring countries.
The second core issue is how the problem of
former Rwandan Armed Forces (FAR) and
Interahamwe are addressed in this whole situation. This
problem has been going on from May 1994 until this
moment. It has been discussed in different forums, and
we have always, unfortunately, fallen short of some
practical ways of eradicating that problem. So, that is
the second core issue. I think that the Lusaka peace
process is built on it, and it needs to be taken forward.
The third core issue is the withdrawal of foreign
armies from the Congo. All three of these issues are
addressed in the formula we have in the Lusaka peace
process. If we go back to that and see what we can do
to move the peace forward, then we most likely have a
chance — with the change that has taken place in the
Congo and with the statements that the new President
has made about wanting to realize peace — not only in
the Congo but also in the region. That is the impression
I got from him when I was speaking with him.
However, the two of us, and maybe a few others,
having discussed this issue is not enough. I think that
everybody needs to come to our assistance — the
assistance of the Congo, of Rwanda, of the region — in
order to support this process so that it can be
implemented. I have no doubt that the Council will
continue to play its role in finding a solution, or
solutions, to many of these problems that I have
mentioned. I continue to call upon the Council to be
helpful not only in bringing about peace but also in
supporting the region in terms of socio-economic
development.
With these few remarks, I look forward to the
support of the Council, and I will be very ready to
continue our discussion in case there are any questions.
I will make whatever clarifications that might be
required on these issues.
The President (spoke in Arabic): I thank the
President of the Rwandese Republic for his statement.
I shall now give the floor to members of the
Council to comment on the intervention by President
Kagame.
Mr. Cunningham (United States of America): It
is a pleasure to see you here, Mr. President. Your
presence testifies to the importance of our discussion
today.
We are pleased to welcome President Kagame
back to the Council and have listened carefully to his
remarks. When the Security Council met with President
Kabila five days ago, I said that the Democratic
Republic of the Congo has the right under the United
Nations Charter to insist on the withdrawal of all
foreign forces from its territory. I also said that the
Government of Rwanda has a right under the United
Nations Charter to insist that Congolese territory not be
used as a launching pad for attacks against Rwanda.
There are obvious mutual interests here that
should form the basis for a discussion. We hope that
President Kagame and his colleagues in the region can
begin to work together, instead of against each other, to
forge a common security regime. We do not believe
that Rwanda can secure its long-term security interests
via a policy of military opposition to the Government
of the Democratic Republic of the Congo. Likewise,
we do not believe that the withdrawal of foreign forces
from the Democratic Republic of the Congo can be
accomplished through military means.
We believe that we are at the crossroads in the
peace process. The Lusaka Ceasefire Agreement and
multiple Security Council resolutions constitute the
expectations of the region and the international
community. Now is the time to translate words into
action. Now is the time for concrete steps.
It is important that all parties cooperate in
creating and sustaining the conditions necessary for the
deployment of the United Nations Organization
Mission in the Democratic Republic of the Congo
(MONUC), something that we all want to see happen
quickly and safely. It is also critical that the ceasefire
hold, that no forward military movement occur and that
the disengagement of forces begin. We welcome
Rwanda’s readiness to withdraw from Pweto and urge
that this offer be supported and immediately
implemented. In addition to the priority of
disengagement, we agree with the Secretary-General
that Pweto represents a critical confidence-building
measure and a barometer of political will.
As we emphasized to President Kabila last week,
all the Governments in the region have a common
interest in neutralizing armed, non-State actors. We
believe that lasting security for both Rwanda and the
Democratic Republic of the Congo can come about
only when their Governments build a cooperative
relationship based on common interests, one that leads
to the marginalization of the former Rwandan Armed
Forces, Interahamwe and all other armed groups. In the
case of the ex-FAR and Interahamwe, those under
indictment by the International Criminal Tribunal for
Rwanda should be brought to justice, and the rest need
to be offered a credible and voluntary process of
disarmament, demobilization and reintegration or
resettlement.
We must be frank with President Kagame. The
human rights situation in areas under Rwandan
occupation or the control of the Congolese Rally for
Democracy (RCD) is deeply troubling. Information
from the United States Government, the United
Nations, other Member States, Congolese civil society
groups and international non-governmental
organizations paints an alarming picture. Rwanda’s
claims to the right of self-defence are badly undercut
when so many Congolese civilians are victimized. We
urge President Kagame to ensure that his forces and
their Congolese allies respect fully the human and civil
rights of the Congolese people.
During his recent visit, President Kabila
reaffirmed his support for the Lusaka process. We are
hopeful that these positive statements will create new
openings for a peace so that all sides can address the
common security interests that can and should form the
basis of lasting peace in the region.
Mr. Levitte (France) (spoke in French): It is an
honour and a great pleasure to see you, Sir, presiding
over the Security Council meeting today.
We are glad for the opportunity to hear President
Kagame today, and we welcome the good proposals he
has shared with us to settle the conflict. We have also
noted with great interest the meeting a few days ago
between President Kagame and President Kabila. That
dialogue, if it continues, as we ardently hope it will,
will bring us closer to a settlement of the conflict.
These are encouraging signs at a time when, as the
Secretary-General said last week and again today, a
certain calm has returned to the conflict zones of the
Democratic Republic of the Congo. Today there is
undoubtedly an opportunity to be seized to relaunch the
Lusaka Agreement process. But how long will this
last?
Relaunching the Lusaka Agreement process and
then finally proceeding to phase II of the deployment
of the United Nations Organization Mission in the
Democratic Republic of the Congo (MONUC) requires
the disengagement and withdrawal of foreign forces
from the Democratic Republic of the Congo without
further delay, pursuant to the accords signed by the
parties to the conflict and to the relevant Security
Council resolutions. I wish to recall that these
resolutions, particularly Security Council 1304 (2000),
state that that withdrawal should be progressive and
phased and should begin with the withdrawal of troops
of the uninvited States in the Democratic Republic of
the Congo. The States to which these resolutions apply
cannot subject their implementation to conditions.
The Security Council has already had the
opportunity to emphasize that the presence of forces of
aggression in the Democratic Republic of the Congo is
unacceptable. It is the Council’s duty to recall
everywhere and at all times the fundamental principles
of the Charter: respect for the independence,
sovereignty and territorial integrity of States. We have
noted the willingness expressed by the Rwandese
authorities to withdraw their forces from Pweto once
the MONUC observers arrive. The latter must be
deployed quickly, and we will follow closely how
Rwanda lives up to its commitment. That will be a first
step in the right direction.
I would also like to recall the concerns expressed
by the Council about massive violations of human
rights in the Democratic Republic of the Congo,
particularly in the eastern part of the country. There is
also concern about information on large-scale
plundering of the natural resources of the Democratic
Republic of the Congo, particularly in Kivu. In this
connection, we all await with great interest the
conclusions and recommendations of the panel of
experts created by the Security Council, which must
submit its report at the end of March.
The return to stability in the region therefore
requires first of all the implementation of the
withdrawal of foreign forces. However, the internal
aspect of the Lusaka Agreement is also necessary. In
this connection, we welcome the encouraging
commitments made by President Kabila, whose
implementation we will follow with interest. It should
be noted, nonetheless, that establishing an internal
dialogue involving all political actors must not be
confined to the Democratic Republic of the Congo
alone. This is one of the keys to the settlement of the
crisis for the region as a whole.
President Kagame rightly emphasizes his
concerns about security. His concerns are legitimate,
and the Security Council is aware of Rwanda’s need to
enjoy peace and stability within its borders that would
not be jeopardized by foreign threats. We have all
noted the efforts of the Rwandese authorities to settle
the matter of the former Rwandan Armed Forces
(FAR), and we are pleased to note that many of them
have already been reintegrated intothe Rwandan
Patriotic Army. We must continue in that direction. The
matter of the ex-FAR and the Interahamwe militias will
also undoubtedly have to be resolved, in part, between
the Kinshasa and Kigali authorities. But assistance
from the international community will also be needed.
In this spirit, the Security Council has made it known
that it is ready to envisage the deployment of MONUC
personnel to Goma or Bukavu along the border with
Rwanda.
The coming weeks must enable long-overdue
progress to be made in settling this conflict. The
meeting between the Security Council and the Political
Committee of the Lusaka Agreement in two weeks, and
the meetings and summits preceding it, should, if all
the parties to the conflict make the necessary efforts,
lead to an irreversible process of disengagement and
withdrawal that will bring us closer to a resolution of
this crisis. On this point, I would like to assure
President Kagame of France’s resolve to work for such
a settlement, which must take into account the interests
and legitimate concerns of all the parties involved.
Miss Durrant (Jamaica): My delegation is
honoured to see you, the Foreign Minister of Tunisia,
presiding over today’s meeting, and we wish to thank
you and your delegation for the tremendous interest
you have displayed in the issues before the Council this
month.
The Jamaican delegation is please to join you,
Mr. President, in welcoming President Paul Kagame of
Rwanda, with whom the Security Council met last
January. We appreciate his initiative to meet again with
the Council and thank him for his important statement
giving us his perspective on developments in the
region. We note his express commitment to moving the
peace process forward and the attention that he drew to
the three core issues: the inter-Congolese dialogue, the
need to address issues relating to the former Rwandan
Armed Forces (FAR) and Interahamwe and the
withdrawal of foreign forces from the Democratic
Republic of the Congo.
Last week the Council was addressed by
President Joseph Kabila of the Democratic Republic of
the Congo, and we were assured of his commitment to
relaunching the peace process. We view as a positive
step and as a confidence-building measure the meeting
held between President Kagame and President Kabila
in Washington last week.
My delegation’s appeal is for the leaders in the
region to seek reconciliation and aim at bringing about
a peaceful solution to the crisis, which is affecting all
the countries in the Great Lakes region. For my
delegation, the Lusaka Agreement remains the most
viable option for peace and must be adhered to by all
parties, since in our view there can be no military
solution to the conflict.
We note President Kagame’s appeal to the
international community to seize the moment. My
delegation hopes that all the signatories to the Lusaka
Agreement will reaffirm their commitment to the
process by abiding by the ceasefire and withdrawing
troops from the Democratic Republic of the Congo in
accordance with Security Council resolutions 1304
(2000) and 1332 (2000), in conformity with the
stipulated time frame of the Ceasefire Agreement and
the Kampala disengagement plan of April 2000 and
with full respect for the sovereignty and territorial
integrity of the Democratic Republic of the Congo. We
agree that all Congolese must be fully engaged in the
inter-Congolese dialogue, which is an important
component of the Lusaka Agreement.
This should also be an opportune time for the
parties to recommit to the subsidiary plan for
disengagement of the Harare agreement signed in
December last year. As the Secretary-General
indicated, the United Nations Organization Mission in
the Democratic Republic of the Congo (MONUC) has
already begun to take measures to support the
disengagement, and the Secretary-General has
informed us that he will be presenting to the Council
later this month a revised concept of operations for the
further deployment of MONUC as a basis for further
action.
Peace efforts in the Democratic Republic of the
Congo cannot be allowed to fail, as the cost of such a
failure would be too high a price to pay for the region
as a whole. The conflict is exacting a terrible toll on
the civilian population not only of the Democratic
Republic of the Congo but of the entire region. We
again emphasize the need for this issue to be addressed
within the framework of a comprehensive peace
involving the entire Great Lakes region. My delegation
therefore welcomes the regional initiatives taken so far,
and we look forward to the regional summit involving
all the parties to the Lusaka Agreement, to be held later
this month. We expect the meeting between the
Security Council and the Political Committee of the
Lusaka Agreement, also scheduled to take place this
month, to benefit from the outcome and
recommendations of the summit.
In conclusion, my delegation wishes to emphasize
that sustainable peace can be achieved only when all
parties concerned rise above the differences which
separate them and focus instead on the issues which
unite them, and lay the groundwork for addressing the
economic and social challenges facing the countries
concerned.
Mr. Chowdhury (Bangladesh): At the outset,
Bangladesh would like to express its great pleasure at
seeing you, Sir, preside over our deliberations. Your
presence attests to the importance of today’s meeting.
It is a special privilege for the Council to have
His Excellency President Paul Kagame with us this
morning. We are grateful to him for making the time to
come here, despite his pressing schedule. Coming as it
does a few days after our meeting with President
Joseph Kabila, our interaction this morning with
President Kagame offers an important opportunity to
put the peace process in Central Africa back on track.
We noted the three areas that he highlighted in this
context. The statement by the Secretary-General
outlined the areas where action needs to be focused.
The Great Lakes region has been at the centre of
the Council’s preoccupations for some time. We have
seen various efforts being made at the United Nations
and in the region to find a peaceful solution to the
conflict. It is unfortunate that the immense suffering of
millions and the colossal loss of resources have not
brought about a significant change so far. Agreements
are signed, certainly with the best intentions; but when
it comes to implementation, there is little progress.
In our meeting with President Kabila last week,
we noted his determination to make fresh efforts to
bring peace to the country, to hold free and fair
elections and to extend full cooperation to the United
Nations. We spoke of a new departure. We are happy to
note that the urge to look towards the future is shared
among the leadership in the region.
We understand that efforts are being made for a
regional meeting, possibly at the summit level,
involving all signatories of the Lusaka Ceasefire
Agreement. The Council should be supportive of such
initiatives. It will be important to see substantive
progress on the ground prior to our meeting with the
Political Committee here later this month.
We welcome President Kagame’s assertion that
an opportunity exists and that it must be seized now.
The Lusaka Agreement provides for a workable
compromise for all parties and the subsequent plans
detail concrete steps. In pursuing these agreements, the
parties must take a realistic approach. The resolution of
the most complex and the most intractable conflict of
recent times will naturally require the most courageous
decisions on the part of the leadership of the region. It
will require hard concessions, difficult compromises
and, above all, a lot of pragmatism.
The security concerns of the neighbours of the
Democratic Republic of the Congo, and related issues,
will need careful consideration. The imperative of
justice should be pursued with the ultimate goal of
healing past wounds and promoting reconciliation
between societies.
Peace has its costs, but the cost of war is certainly
much higher. Given its immense natural and great
human resources, the Great Lakes region can become
an important positive force. The transition from
senseless confrontation to regional cooperation is what
the peoples of the region require. Their leaders can
bring that about.
Mr. Ouane (Mali) (spoke in French): Mali is
delighted to see the Council meeting under your
authority, Mr. Minister, to consider the situation in the
Great Lakes region. I should like to welcome the
presence today of His Excellency Mr. Paul Kagame,
President of the Rwandese Republic, and of the
Secretary-General and to thank them for their
important statements.
We listened carefully to President Kagame and to
the Secretary-General, who, like President Kabila a few
days ago, enabled us to glimpse some encouraging
prospects for the resolution of the conflict in the Great
Lakes region. The position of Mali on this issue is well
known, and I would not like to repeat it here today. I
shall therefore confine myself to making a few brief
remarks, in deference to your wishes, Mr. President.
First of all, I should like to underline the fact that
Mali welcomes the new impetus for peace and offers
its firm support for it. We believe that a lasting
settlement of the conflict in the Democratic Republic
of the Congo necessarily entails respect for the
sovereignty and territorial integrity of all States.
Secondly, we believe that the Lusaka Ceasefire
Agreement and the Arusha peace agreement remain the
viable bases for lasting peace in the Great Lakes
region. In that connection, we call on all parties to
show restraint and to cooperate fully in the
implementation of those agreements and of the relevant
Security Council resolutions. The time has come to put
an end to a conflict that has persisted for too long and
that has brought indescribable suffering to innocent
people.
Thirdly, I want to stress that we strongly
encourage the continuation of the talks between
President Kagame and President Joseph Kabila, which
began last week at Washington, just as we support
regional initiatives and the efforts of the Organization
of African Unity and of the international community to
put a final stop to the conflict in the Great Lakes
region.
I wish in conclusion to say that my delegation
expects to make a useful contribution to the Security
Council’s meeting with the members of the Political
Committee of the Lusaka Agreement, to take place on
21 and 22 February, with a view to advancing the peace
process.
Mr. Ryan (Ireland): We welcome President
Kagame to the Council today. Rwanda has suffered the
pain of civil war and genocide. In Ireland, we
understand the consequences of intercommunal
violence and the difficulties of building trust and
understanding between communities which have been
engaged in deep and sustained violence.
The Rwandan people and their Government have
our full support and understanding in their struggle to
build a free, secure, democratic and human-rightsbased society founded on equality and on respect for
diversity. We would be very interested in hearing any
comments from President Kagame on progress towards
intercommunal reconciliation within Rwanda.
Rwanda and the region will be unable to recover
from their wounds while war continues in the
Democratic Republic of the Congo; earlier, President
Kagame rightly stressed that fact. Ireland subscribes
fully to the stated position of the European Union,
which is that lasting peace in the Democratic Republic
of the Congo can be achieved only through a
negotiated peace settlement that is fair to all parties,
through respect for the territorial integrity and national
sovereignty of the Democratic Republic of the Congo
and for democratic principles and human rights in all
States in the region, and through taking account of the
security interests of the Democratic Republic of the
Congo and of neighbouring countries.
We welcome the reassurance by President
Kagame that Rwanda is ready to implement the Lusaka
Agreement and to assist in bringing about an early and
peaceful resolution of the conflict in the Democratic
Republic of the Congo. President Kagame has
highlighted to us the three main challenges which he
sees in this process. We recognize the security concerns
which led to the presence of Rwandan troops on the
territory of the Democratic Republic of the Congo, and
we agree that any lasting settlement will have to take
account of the armed groups in the region, including
members of the former Rwandan Armed Forces (exFAR) and Interahamwe. However, we are not
convinced that these concerns justify the extent of the
current Rwandan military presence in the Democratic
Republic of the Congo. The same reservation applies to
the number and disposition of troops deployed in the
Democratic Republic of the Congo by other
neighbouring countries, regardless of the reasons put
forward for their presence.
We join the Secretary-General in our interest in
hearing from President Kagame about the timetable he
would envisage for implementing the Harare
disengagement plan, in particular when we can expect
Rwandan troops to withdraw from Pueto, as we
understand this to be under discussion between his
Government and the United Nations Organization
Mission in the Democratic Republic of the Congo
(MONUC). Ireland looks forward with anticipation to
the report that the Secretary-General is now preparing,
which will contain a revised concept of operations for
MONUC.
At the same time, we are concerned about any
illegal exploitation of the natural resources of the
Democratic Republic of the Congo by the various
parties to the conflict. It is seriously damaging the
international standing of those who are allegedly
involved. We encourage all parties to give the United
Nations panel of experts established to investigate this
situation all the information it requires. We hope that
Rwanda will build on the readiness, which is already
shown, to cooperate with the panelin its work.
The events of the past few days have given rise to
a rare stirring of hope for the Congo and for the region
as a whole. We still await the longed-for wind of
change, but there is at least a sense of movement in the
air. The visits to the United Nations of President
Kagame and of President Joseph Kabila, and their
meeting in Washington, have shown that the dynamic
for peace can come from within the region itself. The
Secretary-General earlier complimented the
statesmanship which enabled that meeting to take
place, and we agree with that.
Ireland urges President Kagame to continue his
contacts with all the parties to the conflict in the
Democratic Republic of the Congo. We look forward to
further progress in advance of the forthcoming New
York meeting with the members of the Lusaka Political
Committee.
Sir Jeremy Greenstock (United Kingdom):
Thank you, Mr. President, for leading us today. Your
presence here, I think, testifies to the importance of
this meeting.
It is extremely good to have President Kagame
with us. I think that, from the comments he has heard
so far from around the Council table, he will have a
very clear sense of where the Council is coming from. I
do not want to make any real comments; I would like
to put some questions to President Kagame,
subscribing in particular to what the representative of
Ireland has just said as a foundation for what I am
going to say, coming as we both do, along with France,
from the European Union’s position on this issue.
In the past few days, since President Kagame’s
meeting with President Joseph Kabila in Washington,
we have had further discussions with the Congolese
President and with his authorities. It is becoming clear
to us that the new Government of the Democratic
Republic of the Congo accepts the principle of
combined security for the Democratic Republic of the
Congo, for Rwanda and for Uganda, in particular –
there are other States involved as well. They have
indicated to us specifically that if the talks that are now
beginning and that must continue – because dialogue is
essential here – focus as a prime objective on the
combined security of the Great Lakes countries, then
they can see some progress being made. They will
respect Rwanda’s legitimate interests if Rwanda
respects theirs. I would very much like President
Kagame’s confirmation that he accepts that as a basic
principle of what we are going to try to do over the
next few weeks, because certain things follow from
that, and, of course, follow from what has already been
written in terms of Council resolutions, the Lusaka
accords and the disengagement agreements to which
Rwanda is party.
As a sub-question, President Kagame mentioned
as one of his three core issues the need to settle the
issue of the members of the former Rwandan Armed
Forces (ex-FAR) and Interahamwe; could he indicate to
us how many fighters bearing arms we are talking
about? Some perhaps could be reabsorbed into the
Rwanda Patriotic Army (RPA) or into Rwanda’s
structures; some will not be. How many are we talking
about, that President Kagame is concerned about?
Secondly, does President Kagame accept the
Secretary-General’s proposal of a first confidencebuilding measure: withdrawal from Pueto by President
Kagame’s forces, in combination with the deployment,
by arrangement, of observers from the United Nations
Organization Mission in the Democratic Republic of
the Congo (MONUC)? I think that if President Kagame
could take the first step in implementing the
disengagement agreements we would begin to get
somewhere. It would be extremely important and
would put pressure on other parties to make balanced
disengagements which get the thing going. And that,
after all, is what we need in terms of the steps that have
to be taken over the next few weeks.
Thirdly, will President Kagame go to the Lusaka
meeting, which, I understand, has been arranged for 12
February, of heads of State of the region? We believe
that his presence there to continue these discussions is
exceptionally important. And there, or elsewhere, will
he meet President Joseph Kabila again soon? President
Kabila has indicated to us that he wishes to continue
his bilateral communication with President Kagame,
and we would like President Kagame’s reciprocal
agreement in principle to that.
The next question is: Has President Kagame
given instructions to his armed forces to respect
Congolese property and to refrain from any
exploitation of the mineral wealth of the Congo? That
is a top requirement of the Security Council and we
will be pursuing that. I hope that that is taken very
seriously by his Government.
Finally, will President Kagame take action, within
the scope of his responsibility in practice in that region,
for the protection of human rights and to ensure that
child soldiers are not recruited into any military
activity in the area of the Rwandan Patriotic Army’s
operations?
I think all these questions are very important for
our discussions and I hope that we can make progress
over the next few weeks leading up to the meeting on
21 and 22 February with the Political Committee in this
Council.
Mr. Mahbubani (Singapore): First, we would
like to warmly welcome you, Mr. President, as you
preside over our meeting this morning. We would also
like to join our colleagues in welcoming warmly
President Kagame to this meeting.
Since you, Sir, have urged us to be brief in the
interests of time, I will just mention three points this
morning.
The first point that is clear, especially after
meeting President Kabila and now having met
President Kagame, is that we have a unique window of
opportunity to relaunch the Lusaka Ceasefire
Agreement. It is clear, judging from the atmosphere in
this Chamber this morning and when we met President
Kabila, that there is a certain expectation that we
should take full advantage of this window of
opportunity. In the nature of these things, however, this
window of opportunity can close very fast, so we hope
that if, as a result of this meeting, there is some
forward momentum, we will have made a useful
contribution. We would therefore urge all the parties
concerned to make a serious and concerted effort to
meet the increased expectations that have been
generated by these two meetings.
The second point I wish to make is that we are
pleased that plans are under way to consider the
deployment of phase II of the United Nations
Organization Mission in the Democratic Republic of
the Congo (MONUC). We believe that MONUC can be
a key catalyst in changing things on the ground in the
Democratic Republic of the Congo, but for its
deployment to take place, we need an effective
ceasefire and the disengagement of all foreign forces.
All the parties must adhere fully to the Lusaka
Ceasefire Agreement and to the Harare disengagement
plan. We also urge immediate implementation of
relevant Council resolutions, particularly resolutions
1304 (2000) and 1332 (2000).
My third and final point is that we agree, of
course, with all those who have said that there can be
no peace in the Democratic Republic of the Congo
until all foreign forces are withdrawn. However, a
durable peace — again, as many have said this
morning — cannot be achieved until the valid security
concerns of all the parties have been addressed.
We are also aware, listening to the remarks made
this morning, that there is another complication. The
vast territory of the Democratic Republic of the Congo
offers the potential for plunder, exploitation and
extractive economic agendas. In this regard, we hope
that all the parties involved in the issue of the
Democratic Republic of the Congo will realize that the
fruits of long-term economic development are much
richer than the fruits of such short-term economic
agendas, and we hope that all the parties involved will
realize that, if we can move towards an effective peace
process, all the parties involved in the Democratic
Republic of the Congo will benefit.
Mr. Valdivieso (Colombia) (spoke in Spanish):
At the outset, I wish to convey our pleasure at seeing
you, Sir, preside over this meeting. I also thank your
delegation for having made the arrangements for us to
meet today with the President of Rwanda.
My delegation welcomes President Kagame
warmly and thanks him for coming here to have this
dialogue with the Council on the situation in the Great
Lakes region and its implications for international
peace and security.
Last week in this Chamber, in connection with
President Kabila’s visit, we expressed our firm resolve
to defend the sovereignty, territorial integrity and
political independence of the Democratic Republic of
the Congo and of the countries of the Great Lakes
region. We also stated our clear intention to require the
signatories of the Lusaka Ceasefire Agreement to fulfil
their commitments to establish peace in the region and
we expressed our desire to promote a swift deployment
of the United Nations Organization Mission in the
Democratic Republic of the Congo in favourable
working conditions.
Today, we would like to make precisely the same
points to the President of Rwanda, because we feel that
this is indeed a window of opportunity to promote
peace in Africa. We were pleased to hear him speak of
renewed support for the Lusaka process and for the
United Nations presence in Congolese territory. We
believe that this is the moment for the entire world to
witness action being taken towards peace by the
political leaders of the Great Lakes region, such as a
ceasefire in the Democratic Republic of the Congo, a
disengagement of forces monitored by the United
Nations, an orderly withdrawal of foreign forces and a
normalization of the security situation along the
borders.
Two actions provided for in the Lusaka
Agreement are of great importance to stability in the
region. The first is the disarmament of the armed
groups operating in the Democratic Republic of the
Congo; the second is the repatriation of their members
to their respective countries of origin. In this
connection, we would greatly appreciate any remarks
the President of Rwanda may wish to make on the
repatriation of refugees and other persons of Rwandese
origin currently living in Congolese territory.
We recall with deep pain the events of 1994 in
Rwanda, which gave rise to many of the problems
currently engulfing the Great Lakes region. We believe
that the proper administration of justice in Rwanda and
gradual reconciliation among the Rwandese people are
an inherent part of a lasting peace in the region. The
course of justice must be firm towards the perpetrators
of genocide so that the Rwandese communities can
look to the future with confidence.
As members of the international community, and
in particular as members of this Council, we are
prepared to offer and guarantee our assistance.
Mr. Kolby (Norway): My delegation highly
appreciates the fact that you, Sir, are presiding over
this important meeting. My delegation joins the others
in welcoming President Kagame to this meeting and
wishes to thank him for his important statement.
Norway has closely followed the developments in
Rwanda after the genocide in 1994 and we remain
committed to supporting democracy-building and
humanitarian efforts in the country through the United
Nations and other organizations. Norway has supported
the International Criminal Tribunal for Rwanda since it
was established and we firmly believe that those
responsible for the genocide should be held
accountable.
The current situation in the Great Lakes region is
closely linked with what happened in 1994, and I
appreciate the opportunity for the Security Council to
meet with President Kagame to discuss the way
forward in the context of the Lusaka Ceasefire
Agreement. The Lusaka Agreement continues to be the
path towards a peaceful solution to the complex
conflict in the Democratic Republic of the Congo and
the Great Lakes region. Recent statements from
African leaders have created a new situation, which
must be utilized to further facilitate peace. There is
now, as has been stated, a window of opportunity. The
meeting later this month between the Political
Committee of the Lusaka Ceasefire Agreement and the
Security Council is a timely and an important
opportunity in this regard. We urge the parties to
explore thoroughly, through regional consultations
prior to that meeting, any political avenues that might
be available for further consideration at the meeting. In
this light we note with interest the contact in
Washington last week between President Kagame and
President Joseph Kabila.
Last Friday, President Kabila addressed the
Security Council, and we noted his desire to pursue a
policy of reconciliation. We believe that full
commitment to peaceful negotiations remains
indispensable in the search for a lasting solution to the
conflict in the Democratic Republic of the Congo and
the Great Lakes region.
I would like to reiterate the support of the
Government of Norway for the Lusaka Ceasefire
Agreement. The Agreement states that nothing in the
Agreement shall in any way undermine the sovereignty
and territorial integrity of the Democratic Republic of
the Congo. It further states that the parties to the
Agreement must commit themselves to immediately
addressing the security concerns of the Democratic
Republic of the Congo and its neighbouring countries.
This means that all foreign forces must withdraw from
the Democratic Republic of the Congo according to
schedules drawn up by the United Nations, the
Organization of African Unity and the Joint Military
Commission. It also means that there are legitimate
security concerns that have to be addressed jointly by
the parties and the international community.
At the same time, while expressing understanding
for the precarious security situation that Rwanda is
facing, my Government is of the opinion that this
cannot justify deploying Rwandan troops — or
Ugandan troops, for that matter — several hundred
kilometres inside the territory of the Democratic
Republic of the Congo. Full deployment of the United
Nations Organization Mission in the Democratic
Republic of the Congo (MONUC) as soon as the
security situation allows will be an important step in
safeguarding Rwanda’s and other countries’ security
concerns. Any support provided to the “negative
forces”, which the former Rwandan Armed Forces (exFAR) and Interahamwe represent, must cease
immediately in order to facilitate the peace process.
Furthermore, the efforts to rebuild peaceful
relations in the Great Lakes region must take due
account of the ongoing illegal exploitation of natural
resources and other forms of wealth in the Democratic
Republic of the Congo. We urge all parties to the
conflict to cooperate constructively with the United
Nations Expert Panel established for this purpose.
The high-level diplomatic activity during the last
few months is an indication of the willingness of
African leaders and leaders from other countries to
support the peace efforts in the Great Lakes region. In
conclusion, permit me to urge the parties to exercise
the necessary flexibility in the search for a political
solution to the conflict. The United Nations must stand
ready to facilitate this important process.
Mr. Granovsky (Russian Federation) (spoke in
Russian): Your participation, Mr. President, in this
meeting of the Security Council today shows how
important the situation in the Great Lakes region is in
the Council’s agenda.
May I greet His Excellency President Paul
Kagame of the Rwandese Republic and express
gratitude to him for his readiness to meet with
members of the Council in order to exchange opinions
on the problem of settling the conflict in the
Democratic Republic of the Congo. Our fundamental
position in favour of the earliest possible political
settlement in the Democratic Republic of the Congo on
the basis of the preservation of the territorial integrity
of that country in accordance with the Lusaka and
subsequent agreements, and also in accordance with
Security Council resolutions 1304 (2000) and 1332
(2000), remains unchanged.
We in Russia are closely following the
development of the situation in the Democratic
Republic of the Congo after the recent tragic event
there. We note with satisfaction that the new leadership
of the Democratic Republic of the Congo confirms its
dedication to a settlement of the conflict on the basis of
the Lusaka Agreement and expresses its readiness to
enter into dialogue with its neighbours on the issue of
ensuring security in the subregion and to achieve
national reconciliation and democratization in its
country by opening up the inter-Congolese dialogue.
We hope that in the near future these statements will be
given tangible confirmation, and we call on all States
engaged in the conflict not to miss the window of
opportunity offered for a renewal of the peace process.
It is essential to break the vicious circle of mutual
distrust and take genuine steps towards a settlement of
the conflict. In this context we welcome the readiness
of the Rwandan leadership to start a withdrawal of
forces from the Pweto region, one of the most likely to
flare up. We also call upon the other parties to the
conflict to fulfil their obligations under the
disengagement plan and to refrain from activities that
might lead to a further destabilization of the situation.
In general we attach the greatest importance to the
earliest possible withdrawal of all foreign troops from
the Democratic Republic of the Congo under the time
frame of the Lusaka Agreement, on the understanding
that, as required by Security Council resolutions 1304
(2000) and 1332 (2000), this process should start with
a withdrawal of those forces that entered the
Democratic Republic of the Congo without the
invitation of the Government.
Of course, we fully recognize that the long-term
settlement of the conflict in the Democratic Republic
of the Congo and in the Great Lakes region of Africa is
impossible without a solution of the illegal armed
groups. We call upon all parties to the conflict to
cooperate in ensuring the disarmament, demobilization,
reintegration and repatriation of members of the illegal
armed groups in order to create conditions for security
for all the countries of the subregion. At the same time,
we would like to emphasize that from our viewpoint,
solving this problem by force is impossible. For the
process to be successful, it must be based upon a
democratization of political life and a solution of interethnic problems, not only in the Democratic Republic
of the Congo but in all neighbouring countries.
We are particularly alarmed by reports of mass
violations of human rights and international
humanitarian law in the eastern provinces of the
Democratic Republic of the Congo, which are not
under Government control. We call upon those who are
concerned not to allow such violations and to cooperate
with international humanitarian personnel by providing
free access to all those in need of assistance.
This month the Council has to review the
fulfilment by the United Nations Organization Mission
in the Democratic Republic of the Congo (MONUC) of
its mandate in that country. This entails an analysis of
the extent to which the parties to the conflict are
cooperating with the Mission and are fulfilling their
obligations concerning ceasefire and disengagement of
armed forces. If the results of this review show that the
parties are filled with a genuine political will to carry
out these tasks, this will undoubtedly help the Security
Council in considering the deployment of the second
phase of MONUC peacekeeping operations.
Mr. Wang Donghua (China) (spoke in Chinese):
The Chinese delegation is pleased to see you, Sir,
presiding over today’s meeting. We also appreciate the
Secretary-General’s presence and his important
statement. The Chinese delegation welcomes President
Kagame to the Council and his exchange of views with
Council members on the situation in the Great Lakes
region.
Several days ago, Council members had a candid
exchange of views with President Joseph Kabila,
President of the Democratic Republic of the Congo, on
the conflict in that country. China believes that such an
exchange of views is conducive to the efforts of the
parties in the region to seek peace there. Turmoil and
conflict in the Great Lakes region are attributable to
profound historical ethnic factors and also involve
poverty, intrinsic contradictions and external
intervention. From the tragic genocide in Rwanda in
1994 to the ongoing conflict in the Democratic
Republic of the Congo, we have been able to see that
these contradictions and factors have interacted and are
interlinked.
Various parties have repeatedly emphasized that a
coordinated and comprehensive strategy must be
adopted to deal with the situation in the Great Lakes
region. Only when peace and stability are restored to
the entire Great Lakes region can peace and stability in
the countries of the region be guaranteed. No country
can possibly build its own peace and development on
its neighbours’ wars and conflicts. Therefore, the
Chinese side hopes that every country in the region
will seize the opportunity to use political judgement
and decide to settle the conflict peacefully through
dialogue and consultation.
The new Government of the Democratic Republic
of the Congo has repeatedly emphasized its
commitment to relaunching the Lusaka peace process,
to conducting political dialogue and to cooperating
fully with the United Nations. China hopes that the
parties concerned will respond positively to that and
prove to the international community with actual deeds
their sincere desire to seek peace.
The Chinese delegation wishes to emphasize
three points. First, the inter-Congolese dialogue is
critical for the advancement of the Congolese peace
process. However, that dialogue should be free of
external intervention or interference, not to mention
military intervention. Secondly, the sovereignty and
territorial integrity of the Democratic Republic of the
Congo must be respected. This is a principle that every
Member of the United Nations should observe. Thirdly,
security in the border areas between the Democratic
Republic of the Congo and the countries concerned
should be guaranteed.
We also believe that the achievement of peace
and stability in the Democratic Republic of the Congo
and its neighbouring countries represents the biggest
challenge before the United Nations. The positive roles
of the United Nations and the Security Council are
crucial for the early realization of peace in the Great
Lakes region. China supports the Security Council’s
taking concrete measures, increasing inputs and
deploying peacekeepers to the border areas of the
Democratic Republic of the Congo, Rwanda and the
other countries concerned as soon as possible, when
conditions permit, in order to address the security
concerns of the relevant countries and facilitate the
settlement of the conflict.
Mr. Neewoor (Mauritius): First of all, I wish to
thank you, Mr. Minister, for presiding over this
important meeting. The delegation of Mauritius is very
pleased to welcome Mr. Paul Kagame, President of
Rwanda, to the Security Council Chamber this
morning. We thank the President for his important
briefing.
In the wake of the recent tragic event in Kinshasa,
the Security Council received guarantees from Rwanda
that it did not intend to take advantage of the situation.
Similar guarantees were also received from Uganda.
We are glad that these guarantees have been respected,
and on that account, the situation in the Democratic
Republic of the Congo continues to remain largely
peaceful.
There is no doubt that the Lusaka Agreement
constitutes the only basis for peace in the Democratic
Republic of the Congo and, indeed, in the whole Great
Lakes region. Last Friday the new President of the
Democratic Republic of the Congo, in his statement to
the Security Council, reconfirmed his country’s
commitment to move the Lusaka process forward and
to actively pursue the inter- Congolese dialogue. We
would like to see all the parties to the conflict reaffirm
their commitments similarly. We believe there is today
an excellent opportunity for peace in the Democratic
Republic of the Congo and in the Great Lakes region.
Indeed, for the last few weeks we have been
hearing statements of commitment from the parties to
the conflict to move the Lusaka process forward. Now
is the time for these statements to be translated into
concrete action by all those concerned. In this regard,
the highest priority undoubtedly is the implementation
of the disengagement plan signed in Harare in
December. In this regard, we have noted with
satisfaction that Rwanda has offered to go beyond the
provisions of the disengagement plan and withdraw its
forces to a distance of up to 200 miles. We welcome
this positive commitment by Rwanda. Our goal, of
course, is to bring about the withdrawal of all foreign
troops from the Democratic Republic of the Congo at
the earliest.
We are confident that the meeting of heads of
State of the region in the coming days will add new
impetus to the momentum already created to advance
the Lusaka process. We call for the earliest deployment
of phase II of the United Nations Organization Mission
in the Democratic Republic of the Congo, in
accordance with Security Council resolution 1332
(2000).
The dire conditions prevailing in the Great Lakes
region are largely a result of the illegal circulation of
and trafficking in small arms and light weapons and the
use of mineral and other resources for financing
paramilitary and organized rebel groups. We are
therefore looking forward to the report and the findings
of the United Nations panel on illegal exploitation of
natural resources and other sources of wealth of the
Democratic Republic of the Congo, which is due next
month.
We are extremely concerned by the humanitarian
situation arising from the instability in the Great Lakes
region. All the countries of this region face the
problems of refugees and internally displaced persons.
Although the humanitarian relief agencies are doing a
commendable job in alleviating their suffering, we
would like to see the international community make
more efforts to provide further assistance to these
people, who find themselves in dire economic
conditions. But there is no doubt that only when peace
and stability are firmly established in all the countries
of the region will the end of human suffering be
ensured.
In conclusion, my delegation would like to add
that no progress can be achieved unless the leaders of
the Great Lakes region show their determination, will
and commitment to engage fully in bringing stability
and peace to the region. We believe that the time to do
so is now.
Mr. Kuchynski (Ukraine): It is a great pleasure
to see you, Mr. Minister, presiding over our meeting.
We would also like to join previous speakers in
welcoming President Paul Kagame to this Chamber and
thanking him for his very important, comprehensive
and constructive briefing.
As is known, and as has been clearly confirmed
by President Kagame, security in the Great Lakes
region depends directly on the security situation in
each individual country. The general analysis of the
situation proves that the main causes of conflict in the
region, as well as of overall instability, are ethnic
divergence, weak political governance linked to the
lack of national dialogue, the presence of uncontrolled
armed groups, flows of refugees, fluid borders and
poverty.
In this regard, we would like to put special
emphasis on the problem of fluid borders between
countries, which has become one of the main causes of
insecurity in the whole region. This factor leads to the
uncontrolled movement of armed groups and refugees
and does not contribute to creating a favourable
political environment for strengthening national
dialogue. In this regard, we would like to underline the
crucial role to be played by the international
community in resolving the problem through the
elaboration of a comprehensive regional strategy. The
resolution of specific conflicts in the area, in particular
in the Democratic Republic of the Congo and in
Burundi, requires regional approaches involving a wide
range of existing confidence-building mechanisms. In
this context, we entirely support the idea of convening
an international conference on the Great Lakes region,
under the auspices of the United Nations and the
Organization of African Unity, which could be become
an important step towards the elaboration of a
constructive, comprehensive, regional approach to
address the problems.
At the same time, we believe that the
effectiveness of international support for the
maintenance of peace and security depends on the
implementation by the parties to the conflict in the
Democratic Republic of the Congo of their
commitments in the framework of the Lusaka
Agreement and other peace arrangements, and their
readiness for national reconciliation and dialogue.
The crisis in the Democratic Republic of the
Congo generates the main context of general insecurity
in the Great Lakes region and has a very negative
impact on the fragile peace in the Central African
Republic and on the peace process in Burundi. It
should be recognized that without the restoration of
peace in the Democratic Republic of the Congo, there
can be no lasting solution to the crisis in that part of
the world.
I would like to reiterate the position of my
Government by underlying the need for the
implementation of the Lusaka Agreement and all
relevant resolutions by all the parties as the key to the
settlement of the conflict in the Democratic Republic
of the Congo and the restoration of sustainable peace in
the whole area.
We welcome the outcome of the meeting between
President Paul Kagame and President Joseph Kabila in
Washington last week, at which the parties reaffirmed
their commitment to a constructive dialogue aimed at
resolving existing differences. We are convinced —
and this has been stressed by members of the Council
today — that there can be no military solution to the
most complex conflicts in Africa. We urge the
leadership of the countries in the area to take a
pragmatic approach towards the peace process, to
become good neighbours and to cooperate fully for the
sake of progress and peace in Africa.
The President (spoke in Arabic): I shall now
make a statement in my capacity as Minister for
Foreign Affairs of the Republic of Tunisia.
The Security Council’s preoccupation with the
Great Lakes region is clear; it is attested to by the
many meetings scheduled this month to address the
situation there. I should like to single out in particular
the meeting with the Political Committee of the Lusaka
Ceasefire Agreement to discuss the situation in the
Democratic Republic of the Congo. We hope that these
meetings will have practical results that contribute to
reactivating the peace process and fulfilling the
aspirations of all the people to peace, security, stability
and progress.
The Lusaka Ceasefire Agreement, which supports
the sovereignty and territorial integrity of the
Democratic Republic of the Congo and provides for the
establishment of conditions conducive to security and
stability for neighbouring countries, remains the best
framework for arriving at a negotiated settlement to the
conflict in the Democratic Republic of the Congo. We
expect the parties to the Agreement to prove their
commitment to the implementation of the relevant
Security Council resolutions.
We believe that circumstances are favourable for
giving a new impetus to the peace process. The
international community is called upon to encourage all
the parties concerned and to help them build the pillars
of lasting peace in the region, including by providing
assurances to the parties concerned about their security
and stability, thereby improving the opportunities for
conciliation, solidarity, cooperation and development in
the continent.
We look forward to the earliest possible
deployment of the United Nations Organization
Mission in the Democratic Republic of the Congo. This
will translate into action the determination of the
international community to shoulder its responsibilities
with regard to the situation in the Democratic Republic
of the Congo and the region as a whole.
We sense that there is a desire to move towards
peace. We expect the parties concerned to undertake
the practical steps necessary for the realization of that
objective. Tunisia supports and encourages each and
every initiative undertaken by Rwanda or any other
party aimed at dialogue, conciliation and cooperation
in the framework of mutual respect for the sovereignty,
independence and territorial integrity of each State in
the region.
We welcomed President Kagame’s meeting last
week with President Joseph Kabila of the Democratic
Republic of the Congo. We hope that the dialogue will
continue and advance in the interest of the peoples of
Rwanda, of the Democratic Republic of the Congo and
of the entire region, who yearn for a better tomorrow.
For years, Tunisia has been following
developments in the Great Lakes region. Notably
during its presidency of the Organization of African
Unity in 1994 and 1995, Tunisia contributed to African
efforts to ease tension in the Great Lakes region and to
bring about rapprochement among the States of that
region. President Ben Ali has taken numerous
initiatives to that end. Tunisia has consistently
supported all peace processes on the African continent,
and hopes that they will help strengthen peace,
security, stability, development and cooperation in the
region.
I now resume my functions as President of the
Security Council.
I call on His Excellency Mr. Paul Kagame,
President of the Rwandese Republic, to respond to the
comments that have been made and the questions that
have been raised.
President Kagame: I am grateful for this
additional opportunity to talk about the very important
issues that have brought us here today. I have listened
with great interest to the various serious concerns so
well articulated by members of the Council with
respect to the situation in the Great Lakes region, and
to proposals concerning how we should be dealing with
that situation.
I would respond by saying that most of those
concerns are genuine; some of them are correct, others
are not fully correct, and still others are perhaps
lacking in facts or information. I shall try to address as
many as I can on that basis.
First of all, in my view, most of the concerns that
have been raised will in fact be addressed and dealt
with if we focus on implementing the peace process
that was agreed on at Lusaka. Sometimes, taking up
issues in a very fragmented way is not very helpful in
addressing the whole situation in a comprehensive way.
Lusaka talks about all the things we have been
discussing: it talks about disengagement; it talks about
withdrawal of forces.
With withdrawal and other things taking place,
most likely there will be no forces on the ground to
blame for one thing or another. I think that some of the
problems exist because we have failed to do the most
important thing: to try to focus all our energy on
making sure that the peace process is implemented.
Sometimes we have not been able to differentiate
between those who openly and clearly are violating the
ceasefire and the peace process and those who have
tried to meet their obligations. Sometimes measures
have been taken that in actual fact cause, in one way or
another, a delay in the whole peace process by trying to
revise what had been agreed to by everybody – the
signatories of the peace process.
For example, we spend so much time talking
about “invited” and “uninvited” forces, when in actual
fact the peace process, signed by everybody, says that
all forces must withdraw. Then somebody decides to
begin an argument about “invited” and “uninvited”
forces; this adds to the length of time that should be
spent on discussing the most important issues and on
perhaps reaching an agreement on them. I think the
issue is clear under the Lusaka peace process.
Everybody, including the President of the Congo and
the Government of the Congo, is a signatory; they
agreed to the total withdrawal of forces. Actually, that
is the most crucial thing — if it had happened at the
time it was supposed to have happened. The issues of
who goes first, who goes last and who does what have
been introduced by somebody; that causes delays of its
own, and we accept that. That is one problem.
On the issue of withdrawal, Rwanda is ready to
withdraw its forces as agreed under Lusaka, and in
conjunction with other problems being resolved —
because forces came into the Congo for a certain
reason, and Lusaka also addresses that reason. This
should be taking place if we are serious about the
implementation of the peace process — and Rwanda in
particular is serious about the implementation of that
process. At one point we even offered suggestions for
trying to speed up implementation. For example,
somebody talked about the proposal put forward by
Rwanda when the disengagement that had been agreed
on was not taking place: Rwanda decided unilaterally
to take measures that would support the peace process
by withdrawing its forces 200 kilometres, pulling them
back towards Rwanda’s border. Failure of that was
caused by the Government of the Congo. In fact, the
Congo itself did not even deny it; it was clear and
open.
We are still ready to take some of these
initiatives, which would help advance the peace
process. But that is not an end in itself; our pulling
back or doing other things does not constitute an end in
itself. The end is for everybody eventually to do what
they are supposed to do and what they are asked to do
in the peace process.
I want quickly to address some of the other
concerns that have been voiced, for example the human
rights problems that have been talked about.
This is a problem. In actual fact, the background
of the problem we have in the Congo is the violation of
human rights. That is the background. That is what we
are trying to address, but I would rather look at it more
comprehensively by saying that the human rights
violations in eastern Congo are as bad as those in the
west, north and south of the Congo. I would not advise
the Council to discriminate about violations of human
rights. The violations of human rights have been taking
place in different forms throughout the territory of the
Congo — in Kinshasa, in Lubumbashi, in northern
Katanga and in northern Kasai.
One of the reasons for the failure of our
withdrawal, when we tried to do it, was actually the
violations of human rights by the Government. This
withdrawal failed because of a number of things. We
wanted and requested United Nations observers to
come and be placed in some areas. Clearly, their
numbers were not sufficient, so perhaps they needed to
be brought into some specific, important areas to
observe our withdrawal and events following it. The
United Nations was not able to deploy in time, so we
asked whether we should actually continue and do it
without the United Nations deployment. There was an
agreement that we could withdraw. When we withdrew
our forces, the forces of Kabila moved into areas where
we had been and killed people in northern Katanga and
northern Kasai because the population was being
accused of having been collaborators with the rebels
who are fighting the Government or with Rwanda.
There was therefore a mass movement of people
following our forces, running away from the areas from
which we had withdrawn. This was something we had
expected; we had wanted the United Nations observers
to be there, to observe and to be able to apportion
responsibility and place it where it belonged.
So violations are taking place throughout the
Congo. When we see on television people being shot
and thrown in the rivers in Kinshasa, this must be
talked about. These are very serious violations of
human rights. In the eastern Congo, where we are
deployed, there have been violations of human rights
by the many forces that are operating in that area,
which we have actually been fighting: the Mai-Mai, the
members of the former Rwandan Armed Forces, the
Interahamwe and the other groups. We have sometimes
asked the rebel forces to look into that and to bring to
book their own forces who may have been involved in
it. The Government of Rwanda does not hesitate to take
action against any of its members who get involved in
any violations of human rights. This can be attested to
by the courts in Rwanda that handle these cases.
Individuals who have committed human rights
violations are apprehended, brought to Rwanda and
tried by the courts. This is done in broad daylight. We
do not condone violations of human rights.
We have not been able, however, to control every
household, every road and every forest to ensure that
nothing happens. Most of the things that happen are
happening because of the forces that are not controlled.
Unfortunately, this is a situation that we have had to
live with for quite a long time and that is the
background of why we are in the Congo in the first
place. It has been to try to fight this kind of thing and
to ensure that it does not happen.
On the question of humanitarian aid workers, I
am surprised that it is not known that the forces from
Rwanda are actually about the only friends they have in
that situation. They are the ones who are on their side,
protecting them. The other problem is that they are not
even there; actually, they do not come. I wish these
humanitarian workers were there to help the
population. They are not there. They are scattered; they
are very few. There should be more than there are
today to help in that situation, and we shall continue to
try and help as much as our limited capacity allows.
Of course, sometimes people hear of violations of
human rights. They do not fully understand to whom
they are attributed. The other day, not long ago,
somebody was accusing our country of violating
human rights in Bunia, killing the people there. It took
me a long time to convince these people that there is
not a single Rwandan deployed in Bunia. This is an
area that is totally different from where we are
deployed, but somebody there is writing accusations
that Rwanda is violating human rights in Bunia. Yes,
there are violations of human rights taking place in
Bunia, problems between the Lendu and the Hema that
we have all read about in the papers. We are not there.
Rwanda is not deployed in Bunia — not a single
soldier.
I really wish to put some of these things in the
right perspective because this Council, unfortunately,
does not always have credible sources of information.
The United Nations has a presence in the Congo — a
Mission authorized by this Council. I think some of
these things should be brought to light in a better way.
As to the exploitation of resources, which many
people have talked about — it should not be there. I
would also ask the Council, when it finds the time and
if it finds it appropriate to do so, to help us to define
what the term “illegal exploitation of the resources of
the Congo” means. It seems that people have different
understandings about this term. I am sure there may be
people rightly accused of exploiting resources in the
Congo, but from the stories I have heard it is not really
black and white. I think there is a grey area that needs
to be sorted out. For example, there has been talk about
exploitation of diamonds and gold. We shall convey all
the information we have to the commission that has
been established. I am glad that the commission has
been established to look into that, but it will serve this
Council very well if the commission acts
professionally, thoroughly and objectively, and not
politically, in looking at the problem. It is my personal
view that, sometimes, some of these problems have
tended to be diversionary — they take us away from
the real issues that we should be addressing and do not
help us to prevent some of these things from
happening. We know of some cases — and we shall be
happy to inform the committee
concerned — in which there have been people trading
in diamonds and gold for the last 15 years in the
eastern Congo — going through Burundi, going
through Rwanda, going through everywhere — and
they are still in that business. They are doing it with the
Congolese. If the rebels who are in the Congo are also
illegal Congolese and cannot therefore do anything in
that territory with people who have been doing that
business all the time, it is an issue and an area that the
Council could help to clear up, so as to really know
what we are talking about when everybody is on board.
We shall be glad to make our own contributions
to clear the air about illegal exploitation of resources,
which has tended to take us away from dealing with the
main theme: the peace issue, with the security issues
and with the withdrawal of forces, and getting out of
this situation. We shall be able to engage the committee
and provide whatever support and information they
require from our country. They have already learned
that. They have come, and we have talked to them. I do
not know whether they found us lacking in any
way — I have not been informed about that. We are
ready to continue.
The other thing is that they could be very helpful
if they, in our case, have things to really compare. If
today they have figures about how many suspect
diamonds or how much suspect gold is being exported
by Rwanda, then we would very much appreciate that
information, because this can easily be looked for and
found. This would help us to know the actual extent to
which the issue that is being highlighted has gone.
Insofar as Rwanda is concerned, I think that there has
been an exaggeration about this issue. I think that there
is a grey area that is not well defined and that I would
request the Council to help us define so that we all
fully understand what we are talking about and so that
we can see whether we are rightly being accused or
whether more explanation is needed.
If I may talk about the former Rwandan Armed
Forces (ex-FAR) and Interahamwe, somebody was
interested in the numbers. The numbers are one
important aspect to find out about and to know. But the
other very important aspect that is important to know is
not so much the numbers as it is the very fact that there
are Governments and people that are turning these
numbers into a threat by giving arms and training and
by associating with it. I think that this is very crucial,
and we should not lose track of that by just talking
about numbers. This Council has been involved with so
many resolutions about the ex-FAR and Interahamwe,
the genocide suspects and how past resolutions to deal
with that are to be put in practice.
I have always wondered why there have been
shortcomings in even following up, as one way of
actually dealing with this problem, to make sure that
nobody actually associates with these groups. This
Council has done that in the case of Angola, with
UNITA. They have threatened sanctions. They have
done everything for the countries, for individuals and
for groups that we associate with UNITA, and they
think that has helped in that situation. When it comes
to the ex-FAR and Interahamwe, there is condemnation
and understanding that they create security problems,
but it always falls short of having clarity on the
question of how you deal with the people who
associate with these groups and that make them a
security threat to Rwanda.
So, I really hope that the Council will also help us
to address that problem; otherwise, with numbers it is
hard to be very specific. I am sure that the precise
numbers are mainly with those who are using them or
who have been helping them. I am sure that in giving
them arms and giving them clothes and food, they have
numbers. We do not have precise information, but we
think that, given what we have been noticing on the
ground and what we get from those we have been able
to capture at the front line when they are fighting, the
figure would be about 15,000 of them.
But again, this is not the only issue. The issue is
taking this 15,000 and adding other forces that
constitute a problem for our country. If it were just
about numbers this would be easy. In 1997 we
repatriated 2 million of our refugees; among them there
were over 40,000 ex-FAR and militia. We reintegrated
them into the rest of the society. We have reintegrated
over 15,000 former soldiers in our own army. So this is
not a problem. The problem is that these others stayed
out, and they are being helped to become a threat to our
country. That is where the issue lies. That issue must be
addressed if we are to finally realize security on both
sides. We need to look at security issues on all sides,
and that is really something that would be easier to do.
We are ready. Once we have gone through with
the implementation of the Lusaka peace process, the
big countries in the region should get together and
think of how we can create a framework on a
permanent basis that will address security issues in the
region. This has happened in other regions; I do not see
why it cannot serve us as well. But this is something
that will come once we have overcome this crucial
stage of moving ahead to implement what we have
already agreed to in the peace process. Otherwise, we
will continue with our endeavours to try to achieve
peace, whether it is through the Lusaka framework or
through talking to different individuals that can make a
valuable contribution to realizing final peace. We shall
continue to engage the Government of the Democratic
Republic of the Congo, under Joseph Kabila. We shall
always be open, and we shall be ready to work with
other countries in the region towards this objective of
realizing peace in our region.
Once again, I am very happy for this opportunity
to clear up some of the issues that have been raised, but
I remain available to go on with whatever I might not
have covered fully.
The President (spoke in Arabic): I thank
President Kagame for the clarifications he has
provided. I would also like to thank all the delegations
that participated in our debate for their kind words
addressed to me and to my country.
There are no further speakers on my list. The
Security Council has thus concluded the present stage
of its consideration of the item on its agenda.
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520748 | United Nations S/2004/338
Security Council Distr.: General
3 May 2004
Original: English
04-33615 (E) 040504
*0433615*
Letter dated 28 April 2004 from the Permanent Representative of
Ireland to the United Nations addressed to the Secretary-General
I have the honour to draw your attention to the statement on legislative
elections in Indonesia, issued on 26 April 2004 by the Presidency on behalf of the
European Union (see annex).
I would be grateful if the text of this letter and its annex could be circulated as
a document of the Security Council.
(Signed) Richard Ryan
Permanent Representative of Ireland to the United Nations
Annex to the letter dated 28 April 2004 from the Permanent
Representative of Ireland to the United Nations addressed to
the Secretary-General
[Original: English and French]
Statement on legislative elections in Indonesia issued on 26 April
2004 by the Presidency on behalf of the European Union
The European Union has followed the legislative elections in Indonesia for
several representative bodies on 5 April last with great interest. The elections were
among the largest ever organized anywhere in the world and the organization was a
monumental logistical task for the National Electoral Commission as more than 650
million ballot papers needed to be prepared and distributed and voting for four
representative bodies took place at almost 600,000 voting stations.
Although the official results of the elections will not be known for some time,
the European Union takes the opportunity to congratulate the people and the
Government of Indonesia on the generally peaceful and competitive way in which
the pre-election process and polling have taken place, and hopes that the coming
presidential elections can be conducted in the same positive manner.
More than 200 independent European Union observers were stationed in the
country to follow the election process. The European Union expresses its great
appreciation for the work of the European Union Election Observation Mission, led
by Glyn Ford, which provided a comprehensive statement on the electoral process in
Indonesia. The European Union, through the continued efforts of the European
Union Election Observation Mission, will continue to follow the coming presidential
elections with great attention as well.
The European Union notes with great satisfaction that the elections have taken
place in a positive spirit. Overall the elections appear to have been a success,
although the preparations were marked by shortcomings and delays, especially in
the production and distribution of ballot papers, and on election day there were a
few delays and postponements in isolated parts of the country. The process appears
to have been conducted peacefully, except for some incidents reported from Aceh.
Regretfully, it was not possible for observers to observe fully in the province, so that
information on Aceh’s elections remains scarce. The European Union expresses the
hope that during the coming presidential elections its observers will be able to
observe fully the election process.
The acceding countries Cyprus, the Czech Republic, Estonia, Hungary, Latvia,
Lithuania, Malta, Poland, Slovakia and Slovenia, the candidate countries Bulgaria,
Romania and Turkey, the countries of the stabilization and association process and
potential candidates Albania, Bosnia and Herzegovina, Croatia, Serbia and
Montenegro and the former Yugoslav Republic of Macedonia, and the EFTA
countries Iceland, Liechtenstein and Norway, members of the European Economic
Area, align themselves with this statement. | [
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581103 | United Nations S/2006/10/Add.26
Security Council Distr.: General
14 July 2006
Original: English
06-45057 (E) 140806
*0645057*
Summary statement by the Secretary-General on matters of
which the Security Council is seized and on the stage reached
in their consideration
Addendum
Pursuant to rule 11 of the provisional rules of procedure of the Security
Council, the Secretary-General is submitting the following summary statement.
The list of items of which the Security Council is seized is contained in
documents S/2006/10 of 1 March 2006, S/2006/10/Add.12 of 7 April 2006,
S/2006/10/Add.15 of 28 April 2006, S/2006/10/Add.16 of 5 May 2006,
S/2006/10/Add.21 of 9 June 2006 and S/2006/10/Add.24 of 30 June 2006.
During the week ending 8 July 2006, the Security Council took action on the
following item:
Security Council mission (see S/2003/40/Add.24, 27, 29 and 45; S/2004/20/Add.3, 7,
26, 28, 48 and 49; S/2005/15/Add.15, 18, 45 and 48; and S/2006/10/Add.23 and 25)
The Security Council resumed its consideration of the item at its 5482nd
meeting, held on 6 July 2006 in accordance with the understanding reached in its
prior consultations, having before it the report of the Security Council mission on
the electoral process in the Democratic Republic of the Congo (S/2006/434).
The President, with the consent of the Council, invited the representatives of
Belgium, the Democratic Republic of the Congo and Finland, at their request, to
participate in the consideration of the item without the right to vote. | [
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575569 | United Nations S/2006/302
Security Council Distr.: General
18 May 2006
Original: English
06-35372 (E) 190506
*0635372*
Letter dated 17 May 2006 from the Chargé d’affaires a.i.
of the Permanent Mission of the Sudan to the United Nations
addressed to the President of the Security Council
I have the honour to forward for your attention a statement by Ali Osman
Mohamed Taha, the Vice-President of the Republic of the Sudan regarding measures
to improve the situation in Darfur (see annex).
I would highly appreciate it if this letter and its annex could be circulated as a
document of the Security Council.
(Signed) Omar B. Manis
Chargé d’affaires a.i.
Annex to the letter dated 17 May 2006 from the Chargé d’affaires
a.i. of the PermanentMission of the Sudan to the United Nations
addressed to the President of the Security Council
The attainment of comprehensive peace in all parts of the country remains a
strategic national objective, one which we have been exerting keen efforts to realize.
The recent signing of the Abuja Peace Agreement by the Government of
National Unity represents yet another milestone, and a national achievement along
our path towards peace in the Sudan.
The signing of the peace agreement means the following:
• Bringing an end to war and bloodshed
• Addressing the humanitarian repercussions of war, the most important of
which are the issues of displacement, migration and refugees
• Achieving reconstruction and development
• Releasing national energies to achieve sustainable development and well-being
of citizens.
In the light of the above, it gives me great pleasure to announce to the
Sudanese people the following measures and policies in the humanitarian field,
which underscore the focal role of humanitarian considerations in peacebuilding.
The taste of peace must also be savoured by those who have been denied it.
First: The allocation of 20,000 metric tons of food to the World Food
Programme (WFP). This will help to fill the gap in food that has led to reducing by
half the quotas of those targeted within the three coming months. This will restore
the quotas to their full quantity. I hereby direct the Ministry of Humanitarian Affairs
and the Ministry of Finance to immediately execute these directives.
I would like to thank all donors who have lent or announced their support, and
all United Nations agencies working in Darfur. I call upon all brotherly Arab and
Islamic countries to continue lending their solidarity and support. I call upon the
Sudanese people to lead a public campaign for the support of their people in Darfur.
Second: I would like to call upon all concerned Governments and state
governments and our partners in peace and humanitarian action to work together to
help to implement an emergency limited term relief plan to address the humanitarian
repercussions resulting from war, which will guarantee achieving the following two
main objectives:
(a) Normalization of civil life in Darfur states;
(b) Achieve an expeditious transition to reconstruction and rehabilitation.
Third: I announce the firm commitment of the Government to provide all
available facilities for the organizations working in Darfur, and hereby reaffirm the
Government’s commitment to the fast track policy for humanitarian activities, and
direct the Ministry of Humanitarian Affairs to coordinate its efforts with those of
national and international organizations to execute the humanitarian emergency
action plan, in addition to working towards removing any obstacles, and provide
facilities to put that plan into action.
Four: The Government last month, allocated SD 150 billion for Darfur state
governmentsin support of the provision of basic services and achieving
development in those states. I hereby direct the Ministry of Finance and the state
governments to begin the execution of the emergency relief plan to restore basic
services to rehabilitate the areas of the displaced and the refugees, in preparation for
their return home.
Five: The Government acknowledges that the above-mentioned achievements
are tightly linked to the security situation on the ground, and I would hence like to
reiterate the Government’s firm commitment to uphold the ceasefire, and proceed
effortlessly to undertake all necessary measures to achieve that end.
Finally, I call upon our brothers Abdul Wahid Mohamed Nour and Dr. Khalil
Ibrahim to take the courageous decision to join the peace march, since war can
never be endless. | [
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475710 | United Nations S/PV.4620
Security Council Distr.: General
10 October 2002
Original: English
02-62997 (E) 101002
*0262997*
Official communiqué of the 4620th (closed) meeting of the
Security Council
Held in private at Headquarters, New York, on Thursday,
10 October 2002, at 3.30 p.m.
In accordance with rule 55 of the provisional rules of procedure of the Security
Council, the following communiqué was issued through the Secretary-General in
place of a verbatim record:
“On 10 October 2002, the Security Council, pursuant to resolution 1353
(2001) annex II, sections A and B, held its 4620th meeting in private with the
troop-contributing countries to the United Nations Mission of Observers in
Prevlaka (UNMOP).
“The Security Council and the troop-contributing countries heard a
briefing under rule 39 of its provisional rules to procedure by Mr. Hédi
Annabi, Assistant Secretary-General for Peacekeeping Operations.” | [
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549220 | UNITED
NATIONS E
Economic and Social
Council
Distr.
LIMITED
E/CN.4/2005/L.10/Add.3
26 April 2005
Original: ENGLISH
COMMISSION ON HUMAN RIGHTS
Sixty-first session
Agenda item 21 (b)
REPORT TO THE ECONOMIC AND SOCIAL COUNCIL ON
THE SIXTY-FIRST SESSION OF THE COMMISSION
Draft report of the Commission
Rapporteur: Ms. Deirdre KENT (Canada)
CONTENTS*
Chapter Page
III. Organization of the work of the session .................................................
* Documents E/CN.4/2005/L.10 and addenda will contain the chapters of the report relating to
the organization of the session and the various items on the agenda. Resolutions and decisions
adopted by the Commission, as well as draft resolutions and decisions for action by, and other
matters of concern to, the Economic and Social Council, will be contained in documents
E/CN.4/2005/L.11 and addenda.
GE.05-13751 (E) 170505
III. Organization of the work of the session
A. Opening and duration of the session
1. The Commission on Human Rights held its sixty-first session at the United Nations
Office at Geneva on 17 January and from 14 March to 22 April 2005. It held 63 meetings
(see E/CN.4/2005/SR.1-63)1
during the session.
2. The session was opened by Mr. Mike Smith, Chairperson of the Commission at its
sixtieth session.
3. At the 1st meeting, on 17 January 2005, and at the 2nd meeting, on 14 March,
Ms. Louise Arbour, United Nations High Commissioner for Human Rights, made statements.
B. Attendance
4. The session was attended by representatives of States members of the Commission, by
observers for other States Members of the United Nations, by observers for non-member States
and Palestine and by representatives of the specialized agencies, regional intergovernmental
organizations, other entities, national human rights organizations and non-governmental
organizations. An attendance list is given in annex II to the present report.
C. Election of officers
5. At its 1st meeting, the Commission elected the following officers by acclamation:
Chairperson: Mr. Makarim Wibisono (Indonesia)
Vice-Chairpersons: Mr. Hernán Escudero Martínez (Ecuador)
Mr. Mohamed Saleck Ould Mohamed Lemine (Mauritania)
Mr. Anatoliy Zlenko (Ukraine)
Rapporteur: Ms. Deirdre Kent (Canada)
1
Summary records of each of the meetings are subject to correction. They are considered final
with the issuance of a consolidated corrigendum (E/CN.4/2005/SR.1-63).
6. Statements in connection with the election of officers were made by the representatives
of the Republic of Korea (on behalf of the Group of Asian States) as well as Ethiopia (on behalf
of the Group of African States).
7. At the 19th meeting, on 23 March 2005, the Commission elected by acclamation
Mr. Volodymyr Vassylenko (Ukraine) as new Vice-Chairperson.
8. A statement in connection with the election of the new Vice-Chairperson was made by
the representative of Armenia (on behalf of the Group of Eastern European States).
9. At the 2nd meeting, the Chairperson of the sixty-first session made his opening
statement.
D. Agenda
10. Also at its 2nd meeting, the Commission had before it the provisional agenda for the
sixty-first session (E/CN.4/2005/1 and Add.1-2) drawn up, in accordance with rule 5 of the rules
of procedure of the functional commissions of the Economic and Social Council, on the basis of
the provisional agenda considered by the Commission at its fifty-ninth session in accordance
with paragraph 3 of Council resolution 1894 (LVII) of 1 August 1974.
11. The agenda was adopted without a vote. For the text as adopted, see annex I to the
present report.
E. Organization of work
12. The Commission considered the organization of its work at its 1st meeting
on 17 January 2005, at its 2nd meeting on 14 March, at its 16th meeting on 22 March, at
its 41st meeting on 8 April, at its 48th meeting on 13 April, at its 60th and 61st meetings
on 21 April and at its 62nd and 63rd meetings on 22 April 2005.
13. For the documents of the sixty-first session issued under agenda item 3, see annex VI to
the present report. For a list of all resolutions and decisions adopted by the Commission and
Chairperson’s statements, by agenda item, see annex V to the present report.
14. At its 2nd meeting, on 14 March 2005, the Commission approved the timetable for the
consideration of agenda items as proposed by its officers, with the understanding that it could be
modified in accordance with decisions the Commission might adopt regarding the organization
of its work.
15. At the same meeting, on the recommendation of its officers, the Commission
decided to invite a number of experts, special rapporteurs, special representatives,
chairpersons-rapporteurs of working groups, chairpersons of treaty bodies, if they so
wished and were available, and other persons, to participate in the meetings at which their
reports were to be considered.
16. The decision was adopted without a vote. For the text as adopted, see chapter II,
section B, decision 2005/101.
17. At the same meeting, the Chairperson of the sixtieth session, Mr. Mike Smith, made a
statement.
18. At the same meeting, the Commission accepted the recommendations of its officers that:
(a) The speaking-time limits for the sixty-first session of the Commission
would be 6 minutes per statement per agenda item for member States and 3 minutes for all
observers;
(b) The speaking time for joint statements by member or observer States should not
exceed 15 minutes and if they did so, the individual States that participated in the joint statement
could speak for only half the time allotted under the agenda item;
(c) The speaking-time limits for joint statements by non-governmental
organizations would be as follows: 1 to 2 non-governmental organizations: 3 minutes;
3 to 5 non-governmental organizations: 4 minutes; 6 to 10 non-governmental
organizations: 5 minutes; more than 10 non-governmental organizations: 6 minutes;
concerned countries would have an additional 5 minutes added to their normal speaking
time;
(d) Special procedures would have 7 minutes to introduce their reports,
with 2 additional minutes for each mission report or complementary document; the
interactive dialogue with special procedures should not exceed 40 minutes in total for each
mandate;
(e) The Chairperson of the Sub-Commission on the Promotion and Protection of
Human Rights would be allocated 15 minutes;
(f) The national institutions would speak for 7 minutes under agenda item 18 (b);
(g) Chairpersons of treaty bodies, if they so wished and were available, would be
invited to address the Commission and speak for 7 minutes.
19. At the 24th meeting, on 29 March 2005, on the recommendation of its officers, the
Commission decided exceptionally to enable a number of non-governmental organizations who
could not speak under item 9 due to its opening earlier than scheduled, to speak for 5 minutes
instead of 3 minutes under either agenda item 10 or 11.
20. The 5th meeting on 15 March, the 10th meeting on 17 March, the 19th meeting
on 23 March, the 40th meeting on 8 April, the 44th meeting on 12 April, the 47th meeting on
13 April, the 56th meeting on 19 April and the 61st meeting on 21 April 2005 were additional
meetings, without additional financial implications.
21. At its 2nd meeting, on 19 March 2005, on the recommendation of its officers, the
Commission endorsed the recommendation that document E/CN.4/2003/118 and Corr.1 and the
agreed provisions of E/CN.4/2002/16 would continue to govern the organization of work and
conduct of business of the sixty-first session.
22. At the 16th meeting, Mr. Soren Jessen-Petersen, the Special Representative of the
Secretary-General for Kosovo addressed the Commission on Human Rights. Statements were
made by the observers of Albania and Serbia and Montenegro, as concerned countries.
23. At the 41st meeting, on 8 April 2005, Mr. Emmanuel Akwei Addo, the independent
expert on the situation of human rights in the Sudan, introduced his report (E/CN.4/2005/11).
During the ensuing interactive dialogue, the representative of the Sudan made a statement, as a
concerned country, on the report. The representatives of Cuba, Luxembourg (on behalf of the
European Union), Sudan, Switzerland and the United States of America also addressed questions
to the independent expert, to which he responded.
24. At the 31st meeting, on 4 April 2005, the Commission observed one minute of
silence in connection with the death of His Holiness, Pope John Paul II. The United Nations
High Commissioner for Human Rights, Ms. Louise Arbour, as well as the observers for the
Holy See and Poland made statements.
Situation of human rights in Colombia
25. At the 48th meeting on 13 April 2005, the United Nations High Commissioner for
Human Rights, Ms. Louise Arbour, introduced the report on the situation of human rights in
Colombia (E/CN.4/2005/10). The observer for Colombia made a statement, as a concerned
country, on the report.
26. At the same meeting, statements were made by members of the Commission, observers
and representatives of non-governmental organizations. The list of speakers appears in annex III
to the present report.
27. At the 62nd meeting, on 22 April 2005, the Chairperson made a statement on the
situation of human rights in Colombia. For the text, see below.
“Situation of human rights in Colombia
“1. The Commission on Human Rights strongly supports the activities of the
office in Colombia of the United Nations High Commissioner for Human Rights, whose
mandate was extended in September 2002 at the initiative of the President of the
Republic of Colombia for a four-year period until October 2006. This office plays an
important role in the work against ongoing violations of human rights and international
humanitarian law in Colombia, through monitoring, advice, technical cooperation, and
informational and promotional activities. The Commission welcomes the proposed visit
to Colombia in May 2005 of the High Commissioner, at the invitation of the Government
of Colombia.
“2. The Commission trusts that the Government of Colombia, throughclose
cooperation, will continue to actively support and promote the office in Colombia of the
High Commissioner for Human Rights in carrying out its full mandate, and calls upon the
Government of Colombia to make full use of the advisory services and technical
cooperation of the office. The Commission encourages continued financial support for
the office of the High Commissioner for Human Rights in Colombia.
“3. The Commission on Human Rights welcomes the report of the
High Commissioner for Human Rights on the situation of human rights in Colombia
(E/CN.4/2005/10 and Corr.1) and takes note of the document containing the observations
of the Government of Colombia on that report. The Commission welcomes the ongoing
dialogue between the office of the High Commissioner for Human Rights in Colombia
and the Government of Colombia, especially the Office of the Vice-President, and the
national and regional authorities. The Commission highlights the efforts of the
Government and State institutions to work towards the implementation of the
recommendations of the High Commissioner and recognizes the progress made so far.
The Commission calls on the Government of Colombia to continue its efforts to obtain
further results promptly and to ensure that the recommendations are integrated fully and
in a coherent manner in all areas of public policy. It calls on the international community
to continue to support the prompt implementation by all relevant parties of the
recommendations of the High Commissioner for Human Rights.
“4. The Commission welcomes the cooperation of the Government of
Colombia with United Nations bodies and mechanisms for the promotion and protection
of human rights. The Commission welcomes the ratification of ILO Convention No. 182
concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms
of Child Labour. The Commission also welcomes the ongoing debate with regard to the
ratification by Colombia of the Optional Protocol to the Convention on the Elimination of
All Forms of Discrimination against Women. It calls upon the Government of Colombia
to consider ratifying pending international treaties and to proceed with the formal
ratification of those that have been approved. The Commission urges the Government
and Congress to comply fully with the obligations assumed by Colombia as a State party
to international human rights and international humanitarian law instruments. The
Commission calls upon the Government of Colombia to make use of the advice and
technical services of the Office of the United Nations High Commissioner for Human
Rights in the implementation of the recommendations of the special procedures and
mechanisms.
“5. The Commission expresses grave concern at the situation of human rights
and international humanitarian law, in particular with regard to vulnerable groups. The
Commission is particularly alarmed at reported violations of the rights to life, personal
integrity, freedom and security, due process, privacy and intimacy, and is concerned at
reported breaches of the fundamental freedoms of movement, residence, opinion and
expression. The Commission recognizes the efforts of the Government of Colombia to
strengthen respect for civil, political, economic, social and cultural rights and takes note
of the efforts of State institutions to investigate violations of human rights. The
Commission also notes that, in 2004, illegal armed groups were responsible for a vast
majority of the breaches of international humanitarian law and criminal acts.
“6. The Commission urges that dialogue and negotiations be pursued between
the Government of Colombia and all illegal armed groups, aimed at overcoming the
situation of violence stemming from the conflict with illegal armed groups and at
reaching a lasting peace. The Commission emphasizes the importance of truth, justice
and reparation in a comprehensive peace strategy that should lead to reconciliation and
lasting peace.
“7. The Commission reiterates its support to the Government of Colombia in
its search for a negotiated solution to the internal armed conflict, including through direct
engagement with those illegal armed groups that may be prepared to cease all hostilities
and undertake a constructive and significant peace process, and welcomes the efforts and
achievements to date of the Government in this regard. The Commission also underlines
the role played by the Secretary-General, and welcomes the engagement of the
Organization of American States, the Government of Mexico, the group of friendly
countries and other countries, as well as the efforts of the Catholic Church in the
processes towards peace in Colombia. The Commission also calls for greater
involvement of civil society as an important contribution to the establishment of a
dialogue towards peace.
“8. The Commission reaffirms its support for the London Declaration of
10 July 2003 and its recommendations, as well as the Cartagena Declaration adopted on
3 February 2005. The Commission recognizes the efforts and achievements of the
Government of Colombia in carrying forward the spirit of the London Declaration, and
encourages it to continue the process. The Commission welcomes the efforts of the
Government of Colombia to engage in a constructive dialogue with civil society, and the
recognition of the important role of civil society.
“9. The Commission stresses its full support to the Government of Colombia
in its efforts to establish the rule of law throughout the country, to fight against impunity,
and to fight against terrorism and illicit drug production and trafficking in the framework
of the rule of law and respect for human rights. The Commission welcomes the fact that
relevant authorities are now able to exercise their powers in nearly all municipalities; it
also welcomes the fact that an increased presence of the State has enabled the latter to
adopt measures for the prevention and protection of the civilian population in the
municipal centres.
“10. The Commission notes the ongoing process of disarmament and
demobilization. The Commission urges the Government and Congress of Colombia to
establish, as soon as possible a comprehensive legal framework for the disarmament,
demobilization and reintegration process of the illegal armed groups that fully recognize
and guarantee the rights to truth, justice and reparations. Such a comprehensive legal
framework would bring about a lasting peace in the framework of good governance,
democracy, the rule of law and respect for human rights, and lead towards national
reconciliation. It should also recognize the principle that persons charged with human
rights violations and abuses cannot be granted impunity from prosecution.
“11. The Commission is concerned about continuing cases of problems relating
to access to justice, judicial independence and impartiality, judicial guarantees
and presumption of innocence. The Commission appeals to the Government of
Colombia increasingly to address the issue of impunity and to take action to
improve the capacity and effectiveness of the judicial system. In this context the
Commission acknowledges the adoption of a new oral procedure that expedites
criminal processes. The Commission underlines the important role of the Constitutional
Court in the defence of human rights - civil and political as well as economic, social
and cultural rights - democracy and rule of law. The Commission also notes the work
of the Office of the Ombudsman and other State institutions in the defence of human
rights.
“12. The Commission urges the Government and Congress of Colombia to take
into account international human rights law and international humanitarian law in the
process of reform of the justice system, so as to guarantee judicial control over actions by
the State, ensure judicial guarantees for its citizens and ensure that the military is not
granted judicial powers in a manner inconsistent with international obligations. The
Commission acknowledges the reforms introduced in the Prosecutor-General’s Office
using the advisory services of the office of the High Commissioner in Colombia and
financial support of the international community. The Commission also calls upon the
Office of the Vice-President to continue its activities within its Programme to Combat
Impunity. The Commission suggests that the Government of Colombia continue using
the advisory services and technical cooperation of the office of the High Commissioner
for Human Rights in Colombia regarding an appropriate framework for judicial reform
that could contribute to strengthening the rule of law.
“13. The Commission encourages the Government of Colombia to pursue
its commendable intention to adopt the National Action Plan on Human Rights and
International Humanitarian law, encourages it also to adopt this action plan by
December 2005 and notes with appreciation its ongoing efforts to prepare it following
full and transparent consultations with representatives of civil society. In this regard,
Commission welcomes the Agreement for Technical Cooperation signed by the
Office of the Vice-President and the office in Colombia of the High Commissioner of
Human Rights.
“14. The Commission encourages the Government of Colombia to further
develop, according to international parameters, its statistical system in order to cover
adequately violations of human rights and breaches of international humanitarian law, by
making use of the advice of the Office of the High Commissioner.
“15. The Commission also welcomes the decrease for indicators of violence
such as homicides, massacres and kidnappings as compared to those of 2003. It shares
the Government concern that the level and frequency of such crimes remain extremely
high.
“16. The Commission reiterates the need for all security measures taken under
the Democratic Security Policy to comply with the obligations of Colombia under
international law and international humanitarian law. The Commission takes into
account that controls for detention procedures and the right of habeas corpus exist in
Colombia. However, it also expresses its gravest concern at reports of extrajudicial
executions attributed to members of the security forces or other public servants and at
reports of arrests and mass searches carried out without appropriate legal foundations and
the practice of individual or massive arrests as well as individual or mass detentions. It
also expresses grave concern at reports of widespread use of torture and continuing
enforced disappearances. The Commission acknowledges that the Government submits
such reports to competent authorities for investigation.
“17. The Commission expresses concern at the role of unverified information
from informants. The Commission appeals to the Government of Colombia not to use
information that has not been adequately verified. The Commission takes note that the
Government of Colombia has set up a system that submits information provided by
informants to procedures for further verification.
“18. The Commission expresses grave concern at reports that members of the
security forces were responsible for breaches of international humanitarian law. The
Commission expresses serious concern at reports of cases of support, collusion or
complicity on the part of State agents with paramilitary groups, and encourages the
Government of Colombia to strengthen its policy to sever all links between paramilitary
groups and civil servants at regional and national levels in administrations and
institutions and takes note of the increasing number of investigations carried out by the
State. It calls upon the Government of Colombia to increase its efforts to investigate
such reports and to prosecute the personnel concerned under civil law and calls on the
Government to make full use of the legal powers at its disposal to ensure that measures of
suspension are taken when the investigation reveals significant evidence of collusion with
the paramilitary forces.
“19. The Commission requests that the Government of Colombia implement
firmly its commitment to foster investigations of complaints in relation to forced
disappearances, mainly perpetrated by paramilitary groups but also sometimes attributed
to the security forces. The Commission expresses its concern at reports about the
growing number of arbitrary detentions that can lead to stigmatization of and threats
towards the members of civil society that have been detained.
“20. The Commission welcomes the invitation by the Government of Colombia
extended to the Working Group on Enforced or Involuntary Disappearances to visit
Colombia next June. The Commission also notes the work undertaken by the Office of
the Ombudsman, together with other institutions, to set up a mechanism to investigate
cases of disappearance.
“21. The Commission condemns all breaches of international humanitarian law
in Colombia and calls on all parties to the conflict to respect international humanitarian
law, including the humanitarian principles of distinction, limitation, proportionality and
immunity of the civilian population.
“22. The Commission condemns the massacres and cruel violence, in particular
the murder of eight members of the Community of Peace of San José de Apartadó,
including four children, on 21 February 2005, and calls on the Government of Colombia
to ensure that a full investigation is carried out into this massacre, and that its perpetrators
are brought to justice.
“23. The Commission strongly condemns continuous breaches by the
paramilitary groups of the cessation of hostilities, and the fact that all illegal armed
groups continue to use violent means and to commit serious and numerous breaches
such as attacks on the civilian population, indiscriminate attacks, homicides, massacres,
hostage-taking, or forced displacements, recruitment of minors and violence against
women and girls.
“24. The Commission strongly condemns all acts of terrorism and other
criminal attacks, such as attacks against life, physical integrity and personal liberty and
safety, committed by the illegal armed groups. It strongly urges all illegal armed groups
to comply with international humanitarian law and to respect the legitimate exercise by
the population of their human rights.
“25. The Commission welcomes the very positive actions taken by the
Government to comply with the Convention on the Prohibition of the Use, Stockpiling,
Production and Transfer of Anti-personnel Mines and on Their Destruction (the Ottawa
Convention), especially the recent destruction of the stocked mines by the Army. It
encourages the Government to continue the process of de-mining, as well as to continue
its efforts to prevent and limit risks to the population - especially to displaced and
returned persons - and to strengthen mechanisms for assisting victims of anti-personnel
landmines. The Commission calls on the international community to continue supporting
the programmes set up by the Government of Colombia to comply with the Ottawa
Convention. The Commission condemns frequent indiscriminate attacks committed by
the illegal armed groups with anti-personnel landmines, which have maimed or killed
hundreds of Colombians, including women and children. The Commission strongly
urges all illegal armed groups to comply with the Convention and immediately stop using
anti-personnel landmines and destroy all stockpiles.
“26. The Commission also condemns the recruitment of a large number of
children by illegal armed groups and urges those groups to stop such recruitment and to
demobilize immediately those children currently in their ranks, in accordance with
Security Council resolution 1539 (2004) of 22 April 2004. The Commission encourages
the Government of Colombia to intensify its efforts to ensure the reintegration of all child
soldiers into society.
“27. In this regard, the Commission notes that some progress has been made in
ending the recruitment and use of children by illegal armed groups. It acknowledges that
the National Disarmament, Demobilization and Reintegration Programme of the
Colombian Institute for Family Welfare has assisted over 800 children from
November 2003 to December 2004, and that another 550 children were assisted by
the disarmament, demobilization and reintegration programme for indigenous and
Afro-Colombian children by the International Organization for Migration during the last
two years, as documented in the report of the Secretary-General on children and armed
conflict (A/59/695-S/2005/72).
“28. The Commission firmly condemns the practice of kidnapping, whether for
political or economic reasons. The Commission expresses deep concern at the still high
number of kidnapped persons, and deplores the consequences that kidnappings have on
victims, their families and society as a whole. The Commission urges the immediate and
unconditional release of all the kidnapped persons. In this context, the Commission
emphasizes the importance of reaching a humanitarian agreement that can lead to the
rapid release of those kidnapped and to ending the practice of kidnapping. The
Commission also condemns the fact that illegal armed groups continue to fund their
activities through kidnapping, and through involvement in the production and trafficking
of illegal drugs.
“29. The Commission welcomes the efforts of the Government to ensure a
presence of security forces over the territory and to develop preventive responses to
the risks faced by vulnerable groups through the Inter-Institutional Early Warning
Committee (CIAT), and acknowledges the progress made so far in this regard. The
Commission encourages the Government to further strengthen and improve CIAT,
especially by reviewing the risk-evaluation mechanisms it has adopted. It further
encourages CIAT to analyse carefully the risk reports involving the paramilitaries as well
as guerrilla groups.
“30. The Commission deplores the fact that human rights defenders, including
trade unionists, women’s organizations, social leaders, as well as journalists, opinion
makers and local officials including members of political parties, community leaders,
judicial officers and business people continue to be particularly affected by the armed
conflict and to be the victims of homicides and threats by the illegal armed groups. The
Commission encourages the Government to ensure that the programmes for the
protection of human rights defenders and other vulnerable groups are comprehensive and
effective. Reaffirming its particular concerns regarding the climate of hostility existing
around the work of human rights defenders, the Commission also encourages the
Government to ensure that all public servants at all levels show due respect to the
individual and collective work carried out by human rights defenders. The Commission
calls upon the Government to ensure that no public statements are made that may
endanger their lives, integrity and security.
“31. The Commission welcomes the increase in resources allocated to the
Programme of Protection of Vulnerable Populations within the Department of the Interior
and Justice, and the permanent integration of protection programmes into the National
Development Plan. The Commission notes the constructive dialogue with civil society
undertaken by the Vice-President at Cartagena in February 2005 and expresses the hope
that such an approach will continue to strengthen.
“32. The Commission remains deeply concerned by the still extremely high
numbers of internally displaced persons, and urges the illegal armed groups to refrain
from actions that give rise to displacements. It recognizes the downward trend in
the number of newly displaced persons, noting however that the total number of
newly displaced has increased. The Commission calls on the Government of Colombia
to continue to implement the recommendations of the Representative of the
Secretary-General on the human rights of internally displaced persons and encourages
the Government to continue to cooperate with international bodies, especially the
Office of the United Nations High Commissioner for Refugees and the International
Committee of the Red Cross. The Commission supports the efforts towards durable
solutions to the still grave humanitarian situation, such as the “Plan Nacional
de atención integral a la población desplazada”, for which financial resources
have increased. It also encourages the Government of Colombia to conclude the
“Plan de Acción Humanitaria”, and to implement both plans urgently. The
Commission urges all illegal armed groups to allow humanitarian access to all areas
throughout the country.
“33. The Commission deplores the continued violence against indigenous and
Afro-Colombian communities. The Commission also expresses grave concern at the
situation of the indigenous and Afro-Colombian communities that are being subjected to
confinement.
“34. The Commission further condemns ongoing violations of the economic,
social and cultural rights of persons belonging to minorities and indigenous communities,
and urges all actors to respect their special cultural status. It appeals to all illegal armed
groups to respect the identity and integrity of these minorities and indigenous
communities. Supporting the efforts of the Government of Colombia to promote and
protect the rights of persons belonging to minorities and indigenous communities, the
Commission calls upon the Government of Colombia to increase its efforts to alleviate
extreme poverty in regions with great concentrations of minorities and indigenous
communities. The Commission encourages the Government to take special and urgent
measures to defend indigenous communities at risk of extinction and to prevent their
forced displacement.
“35. The Commission condemns the continuing violations of the rights of
women and girls and the climate of impunity in which such violations occur, and stresses
the need to investigate, prosecute and punish those responsible for such violations. The
Commission condemns particularly the reports of attacks against the personal integrity
and dignity of women and girls, sexual and gender-based violence and slavery-like
practices, which have been attributed mainly to illegal armed groups, but also to
members of the Security Forces. The Commission encourages the Government to
adopt a gender perspective while addressing the problem of impunity, and the guarantees
of the rights to truth, justice and reparations of victims of the armed conflict, as well as
in the development and implementation of public policies to address poverty and
social and economic inequalities. The Commission supports the efforts of the
Government in setting up programmes of the Presidential Advisory Office on
Women’s Equality in the areas of peace-building, security, development and rural
women, as well as in developing a specific statistical system to monitor the situation
of women in the framework of the fulfilment of the Beijing commitments, and calls
upon the Government to implement these programmes. It also underlines the
importance of the National Agreement on Gender Equality and of the National Policy
on Sexual and Reproductive Health and urges further advances in these areas.
“36. The Commission also deplores violations of the right to life of children.
It is concerned that abandonment, child labour, sexual exploitation and abuse, physical
ill-treatment and familial violence continue to occur, and calls for a specific policy for
children to be developed to address these issues.
“37. The Commission stresses the need to further address poverty, exclusion,
social injustice and the gap in wealth distribution. The Commission supports the efforts
of the Government of Colombia to address extreme poverty, illiteracy and unemployment
and to guarantee access to health, education and housing and encourages the Government
to adopt a gender perspective in the formation of policies in these areas. The
Commission is encouraged by the reduction of the unemployment rate.
“38. The Commission further calls upon the Government of Colombia to make
full use of the advisory services and technical expertise of the office in Colombia of the
High Commissioner for Human Rights with a view to ensuring that norms and measures
adopted by Colombian institutions are consistent with international human rights law.
The Commission also calls upon the Government of Colombia to ensure that the
recommendations of the High Commissioner for Human Rights are implemented swiftly,
and reiterates the need for the adoption in the first half of 2005 of a timetable for
implementation of the recommendations. The Commission welcomes the commitment of
Government of Colombia to work in a constructive spirit with the office of the
High Commissioner for Human Rights in Colombia to examine the implementation and
evaluation of the recommendations.
“39. The Commission calls upon the international community to continue to
support the prompt implementation by all relevant parties of the recommendations of the
High Commissioner for Human Rights.
“40. The Commission requests the High Commissioner for Human Rights to
submit to it at its sixty-second session a detailed report containing an analysis by her
Office of the human rights situation in Colombia, in accordance with the agreement
between the Government of Colombia and her Office on the operation of the permanent
office in Bogotá.”
Question of detainees in the area of the United States naval base in Guantánamo
28. At the 60th meeting, on 21 April 2005, the representative of Cuba introduced draft
resolution E/CN.4/2005/L.94/Rev.1, sponsored by Belarus, Cuba and the Syrian Arab Republic.
The Democratic People’s Republic of Korea, the Libyan Arab Jamahiriya and Venezuela
subsequently joined the sponsors. The draft resolution read as follows:
“The Commission on Human Rights,
“Considering the obligation of States under the Charter of the United Nations to
promote universal respect for, and observance of, human rights and fundamental
freedoms through international cooperation,
“Aware that all persons are entitled to respect for their human rights as set forth in
the Universal Declaration of Human Rights, and bearing in mind that several of these
rights are non-derogable, and that their enjoyment cannot be restricted under any
circumstances,
“Recalling the duty of all States to respect and comply with their obligations
under international instruments, including those relating to human rights, to which they
are party,
“Recalling also general comment No. 31 (2004) of the Human RightsCommittee,
adopted at its 2187th meeting on 29 March 2004,
“Recalling further the request made to the Government of the United States on
25 June 2004 by four thematic procedures mandate holders of the Commission, with the
objective of visiting the persons detained on grounds of terrorism, including in
Guantánamo Bay,
“Taking into account the statement made on 4 February 2005 by six special
procedures mandate holders of the Commission, reaffirming their serious concern over
the situation of detainees at the naval base in Guantánamo, despite some positive
developments that had occurred in recent months,
“Taking into account also that a significant number of Governments
and parliaments from all over the world have expressed their concern in this
regard, among them the European Parliament which, in its resolution on
Guantánamo adopted on 28 October 2004, called on the United States
administration to allow an impartial and independent investigation into allegations
of torture and mistreatment for all persons deprived of their liberty in United States
custody,
“Taking note of the information provided by representatives of the United States
of America to Member States during the sixty-firstsession of the Commission on some
aspects of the question of the detainees in the area of United States naval base in
Guantánamo, and that the United States stated its willingness to consider the requests
made by some special procedures mandate holders to visit the Guantánamo naval base
detention centres,
“1. Requests the Government of the United States of America to authorize an
impartial and independent fact-finding mission by the relevant special procedures of the
Commission on Human Rights on the situation of detainees at its naval base in
Guantánamo;
“2. Also requests the Government of the United States of America,with that
end in view, to authorize the Chairperson-Rapporteur of the Working Group on Arbitrary
Detention, the Special Rapporteur on the question of torture, the Special Rapporteur on
the right of everyone to the enjoyment of the highest attainable standard of physical and
mental health and the Special Rapporteur on the independence of judges and lawyers to
visit the detention centres that have been established on that base;
“3. Requests the United Nations High Commissioner for Human Rights to
prepare and submit to the Commission at its sixty-second session, a report on the
situation of the detainees at the United States naval base in Guantánamo, based on
the findings of the visits to be conducted thereto by the mandate holders of the
above-mentioned special procedures;
“4. Decides to continue the consideration of this issue at its next session.”
29. The representative of Cuba orally revised the second preambular paragraph by replacing
“restricted” by “derogated from”, the fourth preambular paragraph by inserting at the end of the
sentence “in particular its paragraphs 3, 10 and 11,” and operative paragraph 3 by replacing
“based on” by “bearing in mind”.
30. Statements in explanation of vote before the vote were made by the representatives of
Canada, Costa Rica, Honduras, India, Indonesia, Malaysia, Mauritania, the Netherlands (on
behalf of the States members of the European Union that are members of the Commission -
Finland, France, Germany, Hungary, Ireland, Italy and the United Kingdom of Great Britain and
Northern Ireland, as well as Romania, which aligned itself with the statement), Peru, Sudan and
the United States of America.
31. At the request of the representative of the United States of America, a recorded vote
was taken on the draft resolution, as orally revised, which was rejected by 22 votes to 8,
with 23 abstentions. The voting was as follows:
In favour: China, Cuba, Guatemala, Malaysia, Mexico, South Africa, Sudan,
Zimbabwe.
Against: Armenia, Australia, Costa Rica, Dominican Republic, Eritrea, Finland,
France, Germany, Honduras, Hungary, India, Ireland, Italy, Japan,
Kenya, Mauritania, Netherlands, Peru, Republic of Korea, Romania,
United Kingdom of Great Britain and Northern Ireland, United States
of America.
Abstaining: Argentina, Bhutan, Brazil, Burkina Faso, Canada, Congo, Ecuador, Egypt,
Ethiopia, Gabon, Guinea, Indonesia, Nepal, Nigeria, Pakistan, Paraguay,
Qatar, Russian Federation, Saudi Arabia, Sri Lanka, Swaziland, Togo,
Ukraine.
Proposed reform of the Secretary-General in the area of human rights
32. At the 62nd meeting, on 22 April 2005, the representative of Ethiopia (on behalf of the
States members of the African Group) introduced draft decision E/CN.4/2005/L.101, sponsored
by Ethiopia (on behalf of the States members of the African Group). Cuba subsequently joined
the sponsors.
33. Statements in connection with the draft decision were made by Canada, China,
Cuba, Ethiopia, Ireland, Mexico, the Netherlands (on behalf of the States members of the
European Union that are members of the Commission - Finland, France, Germany, Hungary,
Ireland, Italy and the United Kingdom of Great Britain and Northern Ireland), Nigeria,
South Africa, the United States of America and Zimbabwe.
34. The representative of the Netherlands (on behalf of the States members of the European
Union that are members of the Commission - Finland, France, Germany, Hungary, Ireland, Italy
and the United Kingdom of Great Britain and Northern Ireland) proposed to amend the draft
decision to read as follows:
“The Commission on Human Rights, taking into account the report of the
Secretary-General entitled ‘In larger freedom: towards development, security and
human rights for all’ (A/59/2005) on, inter alia, the reform of the Commission, and
bearing in mind the recommendations contained in the reports of the panels
commissioned by the Secretary-General, that is, the report of the High-level Panel
on Threats, Challenges and Change entitled ‘A more secure world: Our
shared responsibility’ (A/59/565 and Corr.1) and the Millennium Project report
entitled Investing in Development: A Practical Plan to Achieve the Millennium
Development Goals, decides to hold informal consultations for two days in June 2005
under its current Chairperson to reflect on the recommendations on human rights
contained in the report of the Secretary-General and to invite the relevant facilitator of
the President of the General Assembly and invite the Secretariat to produce a summary
report of the consultation. ”
35. At the same meeting, the Chairperson moved, under rule 48 of the rules of procedure of
the functional commissions of the Economic and Social Council, that the meeting be adjourned
for 30 minutes.
36. At the same meeting, the Chairperson moved, under rule 63 of the rules of procedure of
the functional commissions of the Economic and Social Council, to determine whether the text
proposed by the representative of the Netherlands (on behalf of the States members of the
European Union that are members of the Commission - Finland, France, Germany, Hungary,
Ireland, Italy and the United Kingdom of Great Britain and Northern Ireland) constituted an
amendment in the sense of rule 63 of the rules of procedure.
37. By a recorded vote, the Commission decided by 28 votes to 19, with 6 abstentions, that
the text as proposed by the representative of the Netherlands (on behalf of the States members of
the European Union that are members of the Commission - Finland, France, Germany, Hungary,
Ireland, Italy and the United Kingdom of Great Britain and Northern Ireland) was not an
amendment. The voting was as follows:
In favour: Australia, Canada, Finland, France, Germany, Guatemala,
Honduras, Hungary, Ireland, Italy, Japan, Mexico, Netherlands,
Peru, Republic of Korea, Romania, Ukraine, United Kingdom
of Great Britain and Northern Ireland, United States of America.
Against: Bhutan, Brazil, Burkina Faso, China, Congo, Cuba, Egypt,Eritrea,
Ethiopia, Gabon, Guinea, India, Indonesia, Kenya, Malaysia, Mauritania,
Nepal, Nigeria, Pakistan, Qatar, Russian Federation, Saudi Arabia,
South Africa, Sri Lanka, Sudan, Swaziland, Togo, Zimbabwe.
Abstaining: Argentina, Armenia, Costa Rica, Dominican Republic, Ecuador,
Paraguay.
38. Statements in explanation of vote before the vote were made by Argentina, Armenia,
Costa Rica, the Netherlands (on behalf of the States members of the European Union that are
members of the Commission - Finland, France, Germany, Hungary, Ireland, Italy and the
United Kingdom of Great Britain and Northern Ireland, as well as Romania, which aligned itself
with the statement), Peru and the United States of America.
39. At the request of the representative of the United States of America, a recorded vote was
taken on the draft decision, which was adopted by 34 votes to 15, with 4 abstentions. The vote
was as follows:
In favour: Argentina, Bhutan, Brazil, Burkina Faso, China, Congo, Costa Rica,
Cuba, Dominican Republic, Ecuador, Egypt, Eritrea, Ethiopia,
Guinea, Honduras, India, Indonesia, Kenya, Malaysia, Mauritania,
Nepal, Nigeria, Pakistan, Paraguay, Peru, Qatar, Russian Federation,
Saudi Arabia, South Africa, Sri Lanka, Sudan, Swaziland, Togo,
Zimbabwe.
Against: Australia, Canada, Finland, France, Germany, Hungary,
Ireland, Italy, Japan, Netherlands, Republic of Korea, Romania,
Ukraine, United Kingdom of Great Britain and Northern Ireland,
United States of America.
Abstaining: Armenia, Gabon, Guatemala, Mexico.
40. For the text, see chapter II, section B, decision 2005/116.
Situation of human rights in Liberia
41. At the 62nd meeting, on 22 April 2005, the observer for Luxembourg (on behalf of
the European Union) introduced draft decision E/CN.4/2005/L.102, sponsored by Congo
and Luxembourg (on behalf of the European Union). Switzerland subsequently joined the
sponsors.
42. The draft decision was adopted without a vote. For the text, see chapter II, section B,
decision 2005/117.
Technical cooperation and advisory services in the field of human rights in Chad
43. At the 62nd meeting, on 22 April 2005, the observer for Luxembourg (on behalf of the
European Union) introduced draft decision E/CN.4/2005/L.103, sponsored by Luxembourg (on
behalf of the European Union). Switzerland subsequently joined the sponsors.
44. The draft decision was adopted without a vote. For the text, see chapter II, section B,
decision 2005/118.
F. Meetings, resolutions and documentation
45. As indicated in paragraph 1 above, the Commission held 63 fully serviced meetings.
46. The resolutions and decisions adopted by the Commission at its sixty-first session
are contained in chapter II of the present report. Draft decisions for action by the Economic
and Social Council are set out in chapter I. For a list of resolutions and decisions adopted by
the Commission and Chairperson’s statements, by agenda item, see annex V to the present
report.
47. Annex III contains a list of speakers in the general debate on agenda items 3 to 20.
48. Annex IV contains a statement regarding the administrative and programme
budget implications of resolutions and decisions adopted by the Commission at its
sixty-first session.
49. Annex VI contains a list of documents issued for the sixty-first session of the
Commission.
G. Visits
50. During its sixty-first session, the Commission heard statements by the following guest
speakers, addressing the Commission during the high-level segment:
(a) At the 3rd meeting, on 14 March 2005: Mr. Jean Asselborn, Minister for
Foreign Affairs of Luxembourg (also on behalf of the European Union); Mr. Ali Mohamed
Osman Yassin, Minister of Justice and chairman of the Advisory Council for Human Rights
of Sudan; Ms. Micheline Calmy-Rey, Minister for Foreign Affairs of Switzerland;
Mr. Dato’ Seri Syed Hamid Albar, Minister for Foreign Affairs of Malaysia; Mr. Karel de Gucht,
Minister for Foreign Affairs of Belgium; Mr. Marco Vinicio Vargas, Vice-Minister for
Foreign Affairs of Costa Rica; Mr. Manuel Rodríguez-Cuadros, Minister for Foreign Affairs
of Peru followed by a statement in exercise of the right of reply by the representative of
Japan; Mr. Askar Aitmatov, Minister for Foreign Affairs of the Kyrgyz Republic;
The Honourable Pierre Pettigrew, Minister for Foreign Affairs of Canada; Dr. María Teresa
Fernández de la Vega, Deputy Prime Minister of Spain; Mr. Renaud Muselier, Secretary of State
for Foreign Affairs of France.
(b) At the 4th meeting, on 15 March 2005: Mr. Erkki Tuomioja, Minister for Foreign
Affairs of Finland; Mr. Vartan Oskanian, Minister for Foreign Affairs of Armenia, followed by a
statement in exercise of the right of reply by the observer for Azerbaijan in connection with
which, at the 6th meeting, a statement in exercise of the right of reply was made by the observer
for Turkey; Prof. Ekmeleddin Ihsanoglu, Secretary-General of the Organization of the Islamic
Conference, at the 6th meeting, on the same day, a statement in exercise of the right of reply
was made by the representative of the United Kingdom as well as at the 7th meeting, on
16 March 2005, by the representative of India and by the observer for Thailand as well as at the
11th on 17 March 2005, by the observers for Greece and Philippines; Mr. Hamadi Ould Meimou,
Human Rights Commissioner of Mauritania; Ms. Amat Al-Alim Al-Soswa, Minister of
Human Rights of Yemen; Mr. Kastriot Islami, Minister for Foreign Affairs of Albania;
Dr. Dimitrij Rupel, Minister for Foreign Affairs of Slovenia, Chairman in the Office of the
OSCE; Ms. Patricia Olamendi, Deputy Foreign Minister for Multilateral Affairs and
Human Rights of Mexico; Dr. N. Hassan Wirajuda, Minister for Foreign Affairs
Republic of Indonesia; Dr. Bernard Bot, Minister for Foreign Affairs of the Netherlands;
Mr. George Iacovou, Minister of Foreign Affairs of Cyprus, at the 11th meeting, a statement
in exercise of the right of reply was made by the observer for Turkey in connection with
which a statement in exercise of the right of reply was made by the observer for Cyprus,
followed by a second statement in exercise of the right of reply by the observer for
Turkey, followed by a second statement in exercise of the right of reply by the observer for
Cyprus.
(c) The 5th meeting, on 15 March 2005: Dr. Alcinda António de Abreu,
Minister for Foreign Affairs and Cooperation of Mozambique; Prof. Belela Herrera,
Vice-Minister for Foreign Affairs of Uruguay; Mr. Borys Tarasyuk, Minister for Foreign
Affairs of Ukraine; Mr. Lakshman Kadirgamar, Minister for Foreign Affairs of
Sri Lanka; Mr. Kassymzhomart Tokayev, Minister for Foreign Affairs of Kazakhstan;
Mr. Mohamed Bouzoubaa, Minister of Justice of Morocco; at the 6th meeting, on the same
day, a statement in exercise of the right of reply was made by the observer for Algeria, in
connection with which a statement in exercise of the right of reply was made by the observer
for Morocco, followed by a second statement in exercise of the right of reply by the observer
for Algeria, followed by a second statement in exercise of the right of reply by the observer
for Morocco; Dr. D. Horacio Daniel Rosatti, Minister of Justice and Human Rights of Argentina.
(d) At the 6th meeting, on 15 March 2005: Mr. Nilmário Miranda, Cabinet Minister,
Special Secretary for Human Rights of Brazil; Hon. Mr. Ramesh Nath Pandey, Minister for
Foreign Affairs of Nepal; Dr. Nizar Obaid Madani, Assistant Minister for Foreign Affairs of
Saudi Arabia; Ms. Laila Freivalds, Minister for Foreign Affairs of Sweden; Mr. Artis Pabriks,
Minister for Foreign Affairs of the Republic of Latvia; Ms. Bridgitte Mabandla, Minister
of Justice and Constitutional Development of South Africa; Ms. Jadranka Kosor,
Deputy Prime Minister of Croatia; Ms. Margherita Boniver, State Minister for Foreign Affairs
of Italy; Ms. Monique Ilboudo, Minister for Promotion of Human Rights of Burkina Faso.
(e) At the 7th meeting, on 16 March 2005: Ms. Mary Pili Hernandez, Vice-Minister
for Foreign Affairs of Venezuela; Mr. Phandu T.C. Skelemani, Minister for Presidential Affairs
and Public Administration of Botswana; Ms. Marta Altolaguirre, Vice-Minister for Foreign
Affairs of Guatemala; Dr. Jorge Hernandez Alcerro, Minister of Governance and Justice of
Honduras; Mr. Jacob Kellenberger, President of the International Committee of the
Red Cross; Mr. Dao Viet Trung, Assistant Minister for Foreign Affairs of Viet Nam;
Mr. Felipe Pérez Roque, Minister for Foreign Affairs of Cuba; Mr. Itsunori Onodera,
Parliamentary Secretary for Foreign Affairs of Japan, followed by a statement in exercise
of the right of reply by the representative of China as well as the observer for the
Democratic People’s Republic of Korea, in connection with which a statement in exercise of
the right of reply was made by the representative of Japan, followed by a second statement
in exercise of the right of reply by the observer for the Democratic People’s Republic
of Korea, followed by a second statement in exercise of the right of reply of the
representative of Japan; Mr. Hans Winkler, Deputy Vice-Minister for Foreign Affairs
of Austria; Mr. Alhaji Abubakar Tanko, Minister of State for Foreign Affairs of Nigeria;
Mr. Bill Rammell MP, Minister for International Human Rights Foreign and Commonwealth
Office of the United Kingdom of Great Britain and Northern Ireland, followed by a statement in
exercise of the right of reply by the representative of Zimbabwe as well as the observer for the
Democratic People’s Republic of Korea; Dr. Francisco Santos Calderón, Vice-President of the
Republic of Colombia.
(f) At the 8th meeting, on 16 March 2005: Ms. Marie-Madeleine Kalala, Minister
for Human Rights of the Democratic Republic of the Congo; Mr. Šarūnas Adomavičius,
Under-Secretary of the Ministry of Foreign Affairs of the Republic of Lithuania;
Mr. Pavel Svoboda, Deputy Minister for Foreign Affairs of the Czech Republic;
Mr. Kiraitu Murungi, Minister for Justice and Constitutional Affairs of the Republic of Kenya;
Mr. Mahmud Mammad-Quliyev, Deputy Minister for Foreign Affairs of Azerbaijan, at the
11th meeting, a statement in exercise of the right of reply was made by the representative of
Armenia in connection with which a statement in exercise of the right of reply was made by the
observer for Azerbaijan; Mrs. Carmen Liliana Burlacu, Director-General for the Organization for
Security and Cooperation in Europe, Ministry of Foreign Affairs of Romania; Mr. Reaz Rahman,
Advisor (State Minister) for Foreign Affairs of Bangladesh; Mr. Omer Berzinji, Head of the
Human Rights Department of the Ministry of Foreign Affairs of Iraq; Mr. Vuk Draškovic,
Minister for Foreign Affairs of Serbia and Montenegro; Mr. Mladen Ivanić, Minister for Foreign
Affairs of Bosnia and Herzegovina; Mr. Petko Draganov, Deputy Minister for Foreign Affairs of
the Republic of Bulgaria; Mr. Muhammad Wasi Zafar, Minister of Law, Justice and Human
Rights of Pakistan, at the 9th meeting, a statement in exercise of the right of reply was made by
the representative of India in connection with which a statement in exercise of the right of reply
was made by the representative of Pakistan, followed at the 11th meeting, by a second statement
in exercise of the right of reply by the representative of India, followed by a second statement in
exercise of the right of reply by the representative of Pakistan.
(g) At the 9th meeting, on 17 March 2005: Ms. Eugenia Kistruga, First Deputy
Minister for Foreign Affairs of the Republic of Moldova; Mr. José Martínez Lezcano,
Vice-Minister for Foreign Affairs of Paraguay; Mr. Aaron Leshno Yaar, Deputy
Director-General for United Nations and International Organizations, Ministry of Foreign
Affairs of Israel; Mr. Paul Mba Abessole, Vice-Prime Minister, Minister of Transport, Aviation,
in charge of Human Rights in Gabon; Mr. Markku Niskala, Secretary-General of the
International Federation of Red Cross and Red Crescent Societies; Mr. Yuri V. Fedotov,
Deputy Minister for Foreign Affairs of the Russian Federation, at the 11th meeting, a
statement in exercise of the right of reply was made by the observer for Latvia in connection
with which a statement in exercise of the equivalent of the right of reply was made by the
representative of the Russian Federation; Ms. Victorine Wodie, Minister for Human Rights of
Côte d’Ivoire; Mr. Patrick Anthony Chinamasa, Minister of Justice, Legal and Parliamentary
Affairs of Zimbabwe; Mr. Déogratias Rusengwamihigo, Minister for Constitutional Reform,
Human Rights and Relations with the Parliament of Burundi; Dr. Akmal Saidov, Minister,
Chairman of the Committee for Human Rights in Uzbekistan; Ms. Paula Dobriansky,
Under-Secretary of State for Global Affairs of the United States of America.
(h) At the 10th meeting, on 17 March 2005: Mr. Carsten Staur, State Secretary,
Ministry of Foreign Affairs of Denmark; Ms. Maître Mame Bassine Niang, Minister and
High Commissioner for Human Rights of Senegal; Hon. Mr. J. Ayikoi Otoo, Attorney-General
and Minister of Justice of Ghana; Mr. Mauricio Díaz Dávila, Deputy Minister for Foreign
Affairs of Nicaragua; Mr. Laurent Esso, Minister for Foreign Affairs of the Republic of
Cameroon; Mr. George Chicoty, Deputy Minister for Foreign Affairs of Angola.
(i) At the 11th meeting, on 17 March 2005: Ms. Edda Mukabagwiza, Minister
of Justice of Rwanda; Dr. José Ramos-Horta, Senior Minister, Minister for Foreign
Affairs and Cooperation of Timor-Leste; Prof. Adam Daniel Rotfeld, Minister for Foreign
Affairs of the Republic of Poland; Mr. Eduard Kukan, Minister for Foreign Affairs of
Slovakia; Mr. Vidar Helgesen, State Secretary, Ministry of Foreign Affairs of Norway;
Mr. Ricardo Mangue Obama Nfubea, Vice-Prime Minister in charge of Public Administration,
Social Affairs and Human Rights of Equatorial Guinea; Mr. Conor Lenihan TD, Minister of
State at the Department of Foreign Affairs of Ireland with Special Responsibility for Overseas
Development and Human Rights; Dr. G. Ali Khoshroo, Deputy Foreign Minister for
International and Legal Affairs of the Islamic Republic of Iran; Ms. Wendy Chamberlin,
Acting United Nations High Commissioner for Refugees.
51. The following guest speakers also addressed the Commission during its
sixty-first session:
(a) At the 16th meeting, on 22 March 2005: Mr. Joschka Fischer, Minister for
Foreign Affairs of Germany, followed by a statement in exercise of the right of reply by the
representative of China;
(b) At the same meeting, Mr. Gabriel Entcha-Ebia, Minister of Justice and Human
Rights of the Republic of Congo;
(c) At the 31st meeting, on 4 April 2005, Ms. Matilde Ribeiro, Special Secretary of
the Presidency of Brazil on Policies for Racial Equity;
(d) At the same meeting, Mr. Rainer Funke, Member of the German Bundestag and
Chairperson of the Committee on Human Rights and Humanitarian Aid of Germany;
(e) At the 37th meeting, on 7 April 2005, Mr. Kofi Annan, Secretary-General of the
United Nations;
(f) At the 52nd meeting, on 15 April 2005, Mr. Bernard Gousse, Minister of Justice
of Haiti.
H. Organization of the work of the sixty-second session of the Commission
52. At the 61st meeting, on 21 April 2005, the Chairperson orally introduced a draft decision
concerning the dates of the sixty-second session of the Commission.
53. The draft decision was adopted without a vote. For the text, see chapter II, section B,
decision 2005/114.
54. At the same meeting, the Chairperson orally introduced a draft decision concerning the
organization of work of the sixty-second session of the Commission.
55. The draft decision was adopted without a vote. For the text, see chapter II, section B,
decision 2005/115.
I. Concluding remarks
56. At the 63rd meeting, on 22 April 2005, the United Nations High Commissioner for
Human Rights, Ms. Louise Arbour, made concluding remarks.
57. At the same meeting, concluding remarks were also made by the following speakers:
(a) Mr. Makarim Wibisono, Chairperson of the sixty-first session of the
Commission;
(b) The representative of Ethiopia (on behalf of the Group of African States);
(c) The representative of the Republic of Korea (on behalf of the Group of Asian
States);
(d) The representative of Armenia (on behalf of the Group of Eastern European
States);
(e) The representative of Mexico (on behalf of the Group of Latin American and
Caribbean States);
(f) The representative of Ireland (on behalf of the Group of Western European and
Other States);
(g) The representative of Chile (on behalf of a cross-regional group of countries);
(h) The representative of Pakistan (on behalf of the Organization of the Islamic
Conference);
(i) The representative of China;
(j) Friends World Committee for Consultation (Quakers) (on behalf of CONGO and
human rights non-governmental organizations working in Geneva).
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507922 | MEETING OF THE STATES PARTIES TO THE APLC/MSP.5/2003/INF.1
CONVENTION ON THE PROHIBITION OF 4 September 2003
THE USE, STOCKPILING, PRODUCTION AND
TRANSFER OF ANTI-PERSONNEL MINES
AND ON THEIR DESTRUCTION Original: ENGLISH
Fifth Meeting
Bangkok, 15-19 September 2003
Item 12 of the provisional agenda
LIST OF THE REPORTS ON TRANSPARENCY MEASURES
CONTENTS
Page
I. Introduction.....................................................................................................2
II. List of the Reports submitted by States Parties pursuant to their
obligations under Article 7 .............................................................................3
III. List of the Reports submitted by States Not-Party on a voluntary basis
pursuant to relevant United Nations General Assembly resolutions ……….11
Annex 1: Standard Reporting Formats for Article 7…………………………………..12
Annex 2: Cover Page of the Annual Article 7 Report…………………………………18
GE.03-64327
I. INTRODUCTION
1. Under Article 7, paragraph 1, of the Convention, each State Party shall report to the
Secretary-General of the United Nations as soon as practicable, and in any event not later
than 180 days after the entry into force of this Convention for that State Party on items (a) to
(i). Further, the States Parties shall update these reports annually, covering the last calendar
year, and submit them to the Secretary-General of the United Nations not later than 30 April
of each year (Article 7, para.2). To facilitate this undertaking and to promote comparability
and evaluation of data, in May 1999 the First Meeting of the States Parties adopted the
standard reporting format, developed in consultation with States Parties. In September 2000,
at the Second Meeting of the States Parties in Geneva, the Article 7 reporting format was
amended to include an additional form “Form J: Other relevant matters”. This form provides
States Parties with the opportunityto report voluntarily on matters pertaining to compliance
and implementation not covered by the formal reporting requirements contained in Article 7,
in particular to report on activities undertaken with respect to Article 6: on assistance
provided for the care and rehabilitation, and social and economic reintegration, of mine
victims.1
2. To make the reporting procedure more efficient a cover page of the annual Article 7
report has been adopted by the States Parties at the 4th Meeting of the States Parties to the
Convention. The idea of the cover page is that the reporting party will indicate if something
has changed in relation to the previous report. If nothing has changed, the reporting party
will limit itself to filling the cover page.2
3. This report gives an overview of replies transmitted by the States Parties on the
standard reporting forms, as of 4 September 2003. The full contents of replies are available
on the Internet3
.
1
See Annex 1.
2
See Annex 2.
3
See APLC/MSP.1/1999/1, page 6, paragraphs 23 and 24. The Internet address is:
http://disarmament.un.org/MineBan.nsf.
II. LIST OF THE REPORTS SUBMITTED BY STATES PARTIES PURSUANT
TO THEIROBLIGATIONS UNDER ARTICLE 7
As of 4 September 2003
No State Date of
submission Reporting period Language
1 Afghanistan 1 Sep 2003 01 Mar 2003 – 01 Sep 2003 English
3 Apr 2002 Year 2001 2 Albania 30 Apr 2003 Year 2002 English
3 Algeria 1 May 2003 Year 2002 French
4 Andorra 12 Jul 2000 1 Jan 1996 - 31 Dec 1999 French
5 Angola
6
Antigua and
Barbuda 29 Mar 2000 Nov 1999 - 29 Mar 2000 English
31 Aug 2000 14 Mar 2000 - 21 Aug 2000
28 May 2001 22 Aug 2000 - 11 May 2001
23 Jul 2002 1 Jan 2001 - 31 Dec 2001 7 Argentina
16 May 2003
Spanish
23 Dec 1999 1 Jun 1999 - 27 Dec 1999
18 Apr 2000 Calendar year 1999
21 May 2001 1 Jan 2000 - 31 Dec 2000
30 Apr 2002 1 Jan 2001 - 31 Dec 2001
8 Australia
30 Apr 2003 1 Jan 2002 - 31 Dec 2002
English
29 Jul 1999 1 Mar 1999 - 30 Apr 1999
28 Apr 2000 30 Apr 1999 - 31 Dec 1999
30 Apr 2001 1 Jan 2000 – 31 Dec 2000
3 May 2002 1 Jan 2001 - 31 Dec 2001
9 Austria
29 Apr 2003 1 Jan 2002 - 31 Dec 2002
English
10 Bahamas 12 Mar 2002 1999 - 2001 English
28 Aug 2002 5 Mar 2001 - 10 Mar 2002 11 Bangladesh 29 Apr 2003 10 Mar 2002 - 29 Apr 2003 English
12 Barbados 12 May 2003 1 Jan 2002 - 31 Dec 2002 English
15 Aug 1999 1 Jan 1999 - 31 Dec 1999 English/
French
27 Apr 2000 Calendar year 1999 English
30 Apr 2001 1 Jan 2000 – 31 Dec 2000 French
30 Apr 2002 1 Jan 2001 - 31 Dec 2001 English
13 Belgium
30 Apr 2003 1 Jan 2002 - 31 Dec 2002 English
14 Belize 4 Nov 1999 Jan 1999 - Dec 1999 English
15 Oct 1999 Aug 1999 - 31 Dec 1999
15 Benin 18 Oct 2000 1 Jan 2000 - 31 Dec 2000
21 Jan 2001 1 Jan 2001 - 31 Dec 2001
French
16 Bolivia 8 Nov 1999 1 Jan 1999 - 8 Nov 1999 Spanish
1 Feb 2000 8 Mar 1999 - 1 Feb 2000
1 Sep 2001 Jan 1996 - 1 Sep 2001
17 Bosnia and
Herzegovina
20 May 2002 Jan 1996 - 30 Apr 2002
English
No State Date of
submission Reporting period Language
1 Apr 2003 Year2002
18 Botswana 28 Sep 2001 English
29 Mar 2000 Oct 1999 - Mar 2000
30 Apr 2001 Mar 2000 - Dec 2000
30 Apr 2002 Jan 2001 - Dec 2001 19 Brazil
17 Mar 2003 Jan 2002 - Dec 2002
English
27 Aug 1999 1 Mar 1999 - 27 Aug 1999
5 Apr 2000 27 Jul 1999 - 5 Apr 2000
1 Mar 2001 5 Apr 2000 - 1 Mar 2001
22 Apr 2002 1 Mar 2001 - 31 Mar 2002
20 Bulgaria
18 Apr 2003 31 Mar 2002 - 31 Mar 2003
English
4 Dec 2000 Year 2000
6 Aug 2001 Calendar year 2000
14 Mar 2002 Calendar year 2001 21 Burkina Faso
21 Apr 2003 Calendar year 2002
English
26 Jun 2000 1993 - 26 Jun 2000
30 Jun 2001 1 Jan 2000 - 31 Dec 2000
19 Apr 2002 1 Jan 2001 - 31 Dec 2001 22 Cambodia
15 Apr 2003 1 Jan 2002 - 31 Dec 2002
English
23 Cameroon4
14 Mar 2001 French
27 Aug 1999 1 Jan 1999 - 31 Jul 1999
27 Apr 2000 1 Aug 1999 - 14 Mar 2000
30 Apr 2001 15 Mar 2000 - 15 Feb 2001
24 Apr 2002 16 Feb 2001 - 1 Mar 2002
24 Canada
22 Apr 2003 2 Mar 2002 – 7 Apr 2003
English/
French
25 Cape Verde
26 Central African
Republic5
27 Chad 29 Apr 2002 -- - April 2002 French
4 Sep 2002 9 Mar 2002 – 5 Sep 2002 28 Chile 30 Apr 2003 6 Sep 2002 – 30 Apr 2003 Spanish
15 Mar 2002 1 Mar 2001 - 31 Aug 2001
29 Colombia 6 Aug 2002 1 Sept 2001 - 30 Apr 2002
27 May 2003 1 Mar 2003 – 30 Apr 2003
Spanish
30 Comoros 20 Apr 2003 1 Feb 2003 – 31 Dec 2003 French
31 Congo 12 Sep 2002 -- - Aug 2002 French
3 Sep 2001
32 Costa Rica 20 Feb 2002 1996 - 1999 Spanish
33 Côte d’Ivoire
4
Cameroon submitted an initial report prior its ratification of the Convention
5
Pursuant to Article 7, paragraph 1, of the Convention, the Central African Republic has not yet been required
to have submitted a report
No State Date of
submission Reporting period Language
3 Sep 1999 -- -July 1999
26 Jan 2001 1 Aug 1999 - 31 Dec 1999
30 May 2001 1 Jan 2000 - 31 Dec 2000
26 Apr 2002 1 Jan 2001 - 31 Dec 2001
34 Croatia
30 Apr 2003 1 Jan 2002 - 31 Dec 2002
English
35 Cyprus 6
15 Aug 2000 Data valid as of 1 Jul 2000
30 Apr 2001 - 30 Apr 2001
30 Jun 2001 - 30 Jun 2001
3 May 2002 1 Jan 2001 - 31 Dec 2001
36 Czech Republic
30 Apr 2003 1 Jan 2002 - 31 Dec 2002
English
37
Democratic
Republic of the
Congo
30 Apr 2003 1 Nov 2002 - 30 Apr 2003
French
27 Aug 1999 -- - Aug 1999
7 Aug 2000 -- - 7 Aug 2000
30 Apr 2001 1 Jan 2000 - 31 Dec 2000
29 Apr 2002 1 May 2001 - 30 Apr 2002
38 Denmark
30 Apr 2003 1 Jan 2002 - 31 Dec 2002
English
39 Djibouti 16 Jan 2003 -- - 1 Oct 2002 French
20 Aug 2002 2001 - 2002 40 Dominica 25 Apr 2003 2002 - 2003 English
26 Sep 2001
41 28 May 2002 Jan 2001 - Dec 2001 Dominican
Republic
28 Apr 2003
Spanish
29 Mar 2000 Apr 1999 - Mar 2000
23 Aug 2000 Mar 2000 - July 2000
5 Mar 2001 July 2000 - Mar 2001
31 May 2002 Mar 2001 - Apr 2002
42 Ecuador
30 Apr 2003
Spanish
31 Aug 2001 1 Jun 2000 - 31 Aug 2001
43 El Salvador 29 Apr 2002 1 Sept 2001 - 31 Mar 2002
4 Mar 2003
Spanish
44 Equatorial
Guinea
12 Nov 1999 Nov 1998 - Nov 1999
45 Fiji 21 Aug 2002 1999 - 2000
21 Aug 2002 2000 - 2001
English
26 Aug 1999 -- - Jul 1999
3 May 2000 1 Aug 1999 - 31 Mar 2000
11 Jun 2001 March 2001
46 France
30 Apr 2002 1 Jan 2001 - 31 Dec 2001
French
6
Pursuant to Article 7, paragraph 1, of the Convention, Cyprus has not yet been required to have submitted a
report
No State Date of
submission Reporting period Language
30 Apr 2003 1 Jan 2002 - 31 Dec 2002
47 Gabon 25 Sep 2002 10 Mar 1999 – 10 Mar 2003 French
48 Gambia 28 Aug 2002 English
31 Aug 1999 1 Mar 1999 - 1 Aug 1999
30 Apr 2000 1 Jan 1999 - 31 Dec 1999
30 Apr 2001 1 Jan 2000 - 31 Dec 2000
16 Apr 2002 1 Jan 2001 - 31 Dec 2001
49 Germany
10 Apr 2003 1 Jan 2002 - 31 Dec 2002
English
50 Ghana 24 Jul 2002 1 Jan 2001 - 31 Dec 2001
51 Grenada 13 Jul 2001 28 Aug 1998 –30 Apr 2001 English
2 Mar 2001 1999 - 2000
52 Guatemala 5 Jun 2002 Mar 2001 - Mar 2002
19 Aug 2003 Mar 2002 – Mar 2003
Spanish
53 Guinea
19 Jun 2002 22 Nov 2001 - 30 Apr 2002 54 Guinea-Bissau 13 May 2003 30 Apr 2002 – 30 Apr 2003 Portuguese
28 Aug 1999 Feb 1998 - Aug 1999
55 Holy See 5 Apr 2002 Jan 2000 - Dec 2001
26 Feb 2003 1 Jan 2002 – 31 Dec 2002
English
30 Aug 1999 1998 - 1999
56 Honduras 10 Aug 2001 Various periods
11 Apr 2002 Various periods
Spanish
1 Oct 1999 1 Mar 1999 - 27 Aug 1999
25 Apr 2000 27 Aug 1999 - 25 Apr 2000
30 Apr 2001 1 May 2000 - 30 Apr 2001
24 Apr 2002 1 May 2001 - 30 Apr 2002
57 Hungary
10 Apr 2003 1 May 2002 - 30 Apr 2003
English
28 May 2002 1999 - 2002 58 Iceland 29 Apr 2003 30 Apr 2002 – 29 Apr 2003 English
16 Aug 1999 3 Dec 1997 - 16 Aug 1999
14 Apr 2000 16 Aug 1999 - 14 Apr 2000
18 Jun 2001 14 Apr 2000 - 27 Apr 2001
2 May 2002 1 Jan 2001 - 31 Dec 2001
59 Ireland
25 Jun 2003 1 Jan 2002 – 31 Dec 2002
English
29 Mar 2000 Initial Report as of 31 Jan 2000
30 Apr 2001 17 Oct 1998 - 31 Dec 2000
2 May 2002 1 Jan 2001 - 31 Dec 2001 60 Italy
16 Apr 2003 17 Oct 1998 – 31 Dec 2002
English
25 July 2000 Sept 1999 - Sept 2001
61 Jamaica 1 May 2002 1 Jan 2001 - 31 Dec 2001
30 Apr 2003 1 Jan 2002 - 31 Dec 2002
English
27 Aug 1999 1 Mar 1999 - 31 Mar 1999
28 Apr 2000 1 Apr 1999 - 31 Dec 1999
21 Jun 2001 1 Jan 2000 – 31 Dec 2000
24 Apr 2002 1 Jan 2001 - 31 Dec 2001
62 Japan
28 Apr 2003 1 Jan 2002 - 31 Dec 2002
English
No State Date of
submission Reporting period Language
9 Aug 1999 1 May 1999 - 1 Sep 1999 Arabic
30 Jun 2000 1 Dec 1999 - 30 Jun 2000 English
63 Jordan 5 Jun 2002 Annual update
17 Mar 2003
1 May 2003 1 May 2002 – 30 Apr 2003 Arabic
27 Dec 2001 23 Jan 2001 - 28 Dec 2001 64 Kenya 4 Jun 2002 29 Dec 2001 - 30 Apr 2002 English
65 Kiribati 4 Dec 2001 7 Sep 2000 - 28 Aug 2001 English
17 Aug 2000 66 Lesotho 30 Apr 2003 30 Apr 2002 – 30 Apr 2003 English
18 Sep 2000 First National Report
3 Oct 2001 Second National Report
14 May 2002 Calendar year 2001 67 Liechtenstein
2 Jun 2003 1 Jan 2002 - 31 Dec 2002
English
68 Lithuania 7
2 Jul 2002 1 Jan 2001 - 31 Dec 2001 English
27 Apr 2001 Calendar year 1999
27 Apr 2001 Calendar year 2000
20 Jun 2002 1 Jan 2001 - 1 Jan 2002
69 Luxembourg
29 Apr 2003 1 Jan 2002 - 31 Dec 2002
English
70 Madagascar 20 Jun 2001 31 Jan 2000 - 31 Jan 2001 French
71 Malawi 9 Apr 2003 Sep 2002 – Feb 2003 English
1 Mar 2000 1 Sep 1999 - 1 Mar 2000
9 May 2002
26 Aug 2002 72 Malaysia 1 Jan 2001 - 31 Dec 2001
17 Jun 2003 1 Jan 2002 - 31 Dec 2002
English
73 Malawi 9 Apr 2003 Sep 2002 – Feb 2003
74 Maldives 17 Sep 2002 7 Sep 2000 – 30 Mar 2001 English
17 May 2001 75 Mali 31 Jul 2003 18 Jan 2001 – 17 Jan 2003 French
30 Apr 2002 1 Nov 2001 - 30 Apr 2002 76 Malta
6 Mar 2003 1 Jan 2002 - 31 Dec 2002
English
20 Jun 2001 1 Jun 2001 - 1 Nov 2001
77 Mauritania 12 Jun 2002 1 Jun 2001 - 1 Jun 2002
30 Apr 2003 1 Jun 2002 – 30 Apr 2003
French
20 May 2002 30 Apr 2001 - 30 Apr 2002 78 Mauritius 25 Apr 2003 11 Mar 2002 – 30 Apr 2003 English
24 Sep 1999 1998 - 1999
7 Feb 2000 1999 - 2000
23 Apr 2001 2000 - 2001
8 Apr 2002 2001 - 2002
79 Mexico
17 Mar 2003 2002 - 2003
Spanish
10 May 2001
80 Monaco 14 Mar 2002
3 Jun 2003
French
7
Lithuania submitted an initial report prior its ratification of the Convention
No State Date of
submission Reporting period Language
30 Mar 2000 1 Mar 1999 - 31 Aug 1999 English
30 Oct 2001 1 Sep 1999 - 31 Dec 2000 English/
Portuguese
2 Jul 2002 1 Jan 2001 - 31 Dec 2001
81 Mozambique
13 May 2003 1 Jan 2002 - 31 Dec 2002 English
82 Nauru
83 Namibia
7 Jan 2000 1 Mar 1999 - 31Dec 1999
20 Apr 2001 1 Jan 2000 - 31 Dec 2000
19 Apr 2002 1 Jan 2001 - 31 Dec 2001 84 Netherlands
Apr 2003 1 Jan 2002 - 31 Dec 2002
English
27 Dec 1999 1 Jul 1999 - 27 Dec 1999
18 May 2001 27 Dec 1999 - 31 Dec 2000
29 Apr 2002 1 Jan 2001 - 31 Dec 2001 85 New Zealand
2 May 2003 1 Jan 2002 - 31 Dec 2002
English
30 Sep 1999 -- - Sep 1999
18 May 2000
7 May 2001 -- - 20 Apr 2001
22 May 2002 -- - 30 Mar 2002
86 Nicaragua
31 Mar 2003 -- - 31 Mar 2003
Spanish
12 Sep 2002 Apr 2001 – Jul 2002 87 Niger 4 Apr 2003 May 2001 – 31 Mar 2003 French
88 Nigeria
2 Sep 1999 -- - 31 Aug 1999 89 Niue 18 Feb 2002 English
26 Aug 1999 1 Mar 1999 - 26 Aug 1999
23 Aug 2000 23 Aug1999 - 22 Aug 2000
11 Jun 2001 1 Jan 2000 - 31 Dec 2000
3 May 2002 1 Jan 2001 - 31 Dec 2001
90 Norway
30 Apr 2003 1 Jan 2002 - 31 Dec 2002
English
16 Apr 2002 91 Panama 7 May 2003 Spanish
13 Jun 2001 17 Dec 2000 – 1 May 2001
92 Paraguay 18 Oct 2002 1 Jan 2002 – 6 Jun 2002 Spanish
2 May 2000 -- - Mar 2000
4 May 2001 Mar 2000 - Mar 2001
16 May 2002 Mar 2001 - Mar 2002 93 Peru
Apr 2003 Mar 2002 - Mar 2003
Spanish
12 Sep 2000
12 Sep 2000 - 29 Apr 2001 13 Aug 2001 30 Apr 2001 - 29 Apr 2002
5 Apr 2002 29 Apr 2001 - 4 Apr 2002
94 Philippines
14 May 2003 30 Apr 2002 – 30 Apr 2003
English
1 Feb 2000 3 Dec 1997 - 31 Jan 2000
95 Portugal 30 Apr 2001 3 Dec 1997 - 31 Jan 2001
9 Sep 2002 Calendar year 2001
English
No State Date of
submission Reporting period Language
96 Qatar 23 Apr2003 Arabic
8 Apr 2002 1 Jan 2001 - 31 Dec 2001 97 Republic of
Moldova 17 Apr 2003 1 Jan 2002 - 31 Dec 2002
English
27 Jan 2002 1 May 2001 - 1 Oct 2001
98 Romania 18 Apr 2002 2 Oct 2001 - 8 Apr 2002
1 Apr 2003 8 Apr 2002 – 8 Apr 2003
English
4 Sep 2001 1 Feb 2001 - 31 Aug 2001 99 Rwanda 22 Apr 2003 May 2001 – Apr 2003 English
100 Saint Kitts and
Nevis 27 Nov 1999 1 Mar 1999 - 27 Nov 1999 English
101 Saint Lucia
102
Saint Vincent
and the
Grenadines
103 Samoa 24 Jun 2002 Jan 1999 - Jun 2002 English
29 Oct 2001 104 San Marino 7 Aug 2002 English
1 Sep 1999 1 Mar 1999 - 30 Aug 1999
27 Mar 2001 1 Jan 2000 - 31 Dec 2000
22 Apr 2002 1 Jan 2001 - 1 Apr 2002 105 Senegal
6 May 2003 1 Jan 2002 – 31 Dec 2002
French
106 Seychelles 13 Feb 2003 Dec 2000 – Dec 2002 English
107 Sierra Leone
9 Dec 1999 3 Dec 1997 - 30 Nov 1999
12 Jun 2000 1 Dec 1999 - 30 Apr 2000
25 Jul 2001 1 Jan 2000 - 31 Dec 2000
30 Apr 2002 1 Jan 2001 - 31 Dec 2001
108 Slovakia
1 Apr 2003 1 Jan 2002 - 31 Dec 2002
English
7 Sep 1999 1 Apr 1999 - 30 Sep 1999
30 Jan 2001 1 Oct 1999 - 30 Apr 2000
1 Apr 2001 1 May 2000 - 30 Apr 2001
16 Apt 2002 1 May 2001 - 30 Apr 2002
109 Slovenia
30 Apt 2003 1 May 2002 - 30 Apr 2003
English
110 Solomon Islands
1 Sep 1999 1 Mar 1999 - 1 Sep 1999
30 Aug 2000 28 Aug 1999 - 31 Dec1999
17 Sep 2001 1 Jan 2000 - 31 Dec 2000
28 May 2002 1 Jan 2001 - 31 Dec 2001
111 South Africa
2003 1 Jan 2002 - 31 Dec 2003
English
15 Dec 1999 1 Jul 1999 - 28 Dec 1999
112 Spain 15 Apr 2001 28 Dec 1999 - 31 Dec 2000
7 Jun 2002 1 Jan 2001 - 31 Dec 2001
Spanish
113 Suriname Sep 2003 Apr 2003 – Aug 2003 English
114 Swaziland 16 Feb 2000 1 Jul 1999 - 30 Jan 1999 English
No State Date of
submission Reporting period Language
29 Oct 1999 1 May 1999 - 30 Sep 1999
14 Jun 2000 1 Sep 1999 - 1 Apr 2000
30 Apr 2001 1 Apr 2000 - 1 Apr 2001
25 Apr 2002 1 Apr 2001 - 1 Apr 2002
115 Sweden
30 Apr 2003 1 Jan 2002 - 31 Dec 2002
English
4 Aug 1999 1 Mar 1999 - 20 Aug 1999
11 Apr 2000 Calendar year 1999
28 Mar 2001 Calendar year 2000
30 Apr 2002 Calendar year 2001
116 Switzerland
30 Apr 2003 1 Jan 2002 – 31 Dec 2002
English
117 Tajikistan 3 Feb 2003 1 Jan 2002 – 31 Dec 2002 Russian
118 Tanzania 5 Feb 2003
30 Apr 2003 1 May 2001 – 28 Oct 2002 English
10 Nov 1999 1 May 1999 - 31 Oct 1999
2 May 2000 1 Nov 1999 - 31 Jan 2000
17 Apr 2001 1 Jan 2000 - 31 Dec 2000
30 Apr 2002 1 Jan 2001 - 31 Dec 2001
119 Thailand
29 Apr 2003
English
25 May 1999 4 Dec 1997 - 31 Mar 1999
25 Jun 2002 30 Apr 2001 - 30 Apr 2002 120
The Former
Yugoslav
Republic of
Macedonia
24 Feb 2003
15 Apr 2003 6 Nov 2002 - --
English
121 Togo 20 Mar 2003 French
122 Trinidad and
Tobago
30 Aug 2002 Aug 1999 – Aug 2001 English
9 Jul 2000 1 Jan 2000 - 30 Jun 2000
123 Tunisia 4 Oct 2002 1 Jul – 10 Sep 2002
7 May 2003 12 Dec 2002 – 15 Apr 2003
French
124 Turkmenistan 14 Nov 2001 Russian
24 May 2002 28 Jan 2000 – 24 May 2002 125 Uganda 24 Jul 2003 24 May 2002 – 23 Jul 2003
26 Aug1999 1 Mar 1999 - 1 Aug 1999
17 Apr 2000 1 Aug 1999 - 1 Apr 2000
25 April 2001 1 Apr 2000 - 31 Dec 2000
21 Mar 2002 1 Jan 2001 - 31 Dec 2001
126
United Kingdom
of Great Britain
and Northern
Ireland
30 Apr 2003 1 Jan 2002 - 31 Dec 2002
English
127 Uruguay 23 Apr 2002
3 Dec 2002 Apr 2001 - Apr 2002 Spanish
10 Sep 2002 Various dates 128 Venezuela 1 May 2003 Apr 2002 – Apr 2003 Spanish
30 Nov 1999 4 Dec 1997 - 30 Nov 1999
14 Nov 2000 30 Nov 1999 - 14 Nov 2000
8 Sept 2001 14 Nov 2000 - 8 Sept 2001
27 Apr 2002 8 Sep 2001 - 27 Apr 2002
129 Yemen
10 Apr 2003 27 Apr 2002 – 10 Apr 2003
English
130 Zambia 31 Aug 2001 1 Apr 2001 - 31 Aug 2001 English
No State Date of
submission Reporting period Language
11 Jan 2000 Aug 1999 - Jan 2000
131 Zimbabwe 4 Apr 2001 Jan 2000 - Dec 2000
13 Feb 2003 Jan 2002 – Dec 2003
English
III. SUMMARY OF THE REPORTS SUBMITTED BY STATES NOT-PARTY ON
A VOLUNTARY BASIS PURSUANT TO RELEVANT UNITED NATIONS
GENERAL ASSEMBLY RESOLUTIONS
As of 4 September 2003
132 Latvia 1 May 2003 1 Jan 2002 – 31 Dec 2002 English
133 Poland 5 Mar 2003 -- - 31 Dec 2002 English
Annex 1
CONVENTION ON THE PROHIBITION OF THE USE, STOCKPILING,
PRODUCTION AND TRANSFER OF
ANTI-PERSONNEL MINES AND ON THEIR DESTRUCTION
Reporting Formats for Article 7
Tables of formats may be expanded as desired
[In future years, cite article 7, paragraphs 2 and 3 regarding annual updates]
NAME OF STATE [PARTY]:
Form B Stockpiled anti-personnel mines
Article 7. 1 "Each State Partyshall report to the Secretary-General ... on:
b) The total of all stockpiled anti-personnel mines owned or possessed by it, or under its
jurisdiction or control, to include a breakdown of the type, quantity and, if possible, lot
numbers of each type of anti-personnel mine stockpiled."
State [Party]:
Form D APMs retained or transferred
Article 7.1 "Each State Party shall report to the Secretary-General ... on:
d) The types, quantities and, if possible, lot numbers of all anti-personnel mines retained
or transferred for the development of and training in mine detection, mine clearance or
mine destruction techniques, or transferred for the purpose of destruction, as well as the
institutions authorized by a State Party to retain or transfer anti-personnel mines, in
accordance with
Article 3"
State [Party]:
Form E Status of programs for conversion or de -commissioning of APMproduction facilities
Article 7.1 "Each State Party shall report to the Secretary-General ... on:
e) The status of programs for the conversion or de-commissioning of anti-personnel
mine production facilities."
State [Party]:
Form G APMs destroyed after entry into force
Article 7.1 "Each StateParty shall report to the Secretary-General ... on:
g) The types and quantities of all anti-personnel mines destroyed after the entry into
force of this Convention for that State Party, to include a breakdown of the quantity
of each type of anti-personnel mine destroyed, in accordance with Articles 4 and 5,
respectively, along with, if possible, the lot numbers of each type anti-personnel mine
in the case of destruction in accordance with Article 4"
State [Party]:
Form H (cont’d)
2. Technical characteristics of each APM-type currently owned or possessed
Explosive
Content
Type Dimensions Fusing
type grams
Metallic
content
Colour
photo
attached
Supplementary
information to
facilitate mine
clearance.
Form I Measures to provide warning to the population
Article 7.1 "Each State Party shall report to the Secretary-General ... on:
i) The measures taken to provide an immediate and effective warning to the
population in relation to all areas identified under paragraph 2 of Article 5."
Remark: In accordance with Article 5, para.2: "Each State Party shall make every effort to
identify all areas under its jurisdiction or control in which anti-personnel mines are known or
suspected to be emplaced and shall ensure as soon as possible that all anti-personnel mines in
mined areas under its jurisdiction or control are perimeter-marked, monitored and protected by
fencing or other means, to ensure the effective exclusion of civilians, until all anti-personnel
mines contained therein have been destroyed. The marking shall at least be to the standards set
out in the Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and
Other Devices, as amended on 3 May 1996, annexed to the Convention on Prohibitions or
Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be
Excessively Injurious or to Have Indiscriminate Effects".
State [Party]:
Annex 2
COVER PAGE OF THE ANNUAL ARTICLE 7 REPORT
NAME OF STATE [PARTY]: | [
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563598 | United Nations E/CN.15/2005/13
Economic and Social Council Distr.: General
8 April 2005
Original:English
V.05-83014 (E) 040505 050505
*0583014*
Commission on Crime Prevention
and Criminal Justice
Fourteenth session
Vienna, 23-27 May 2005
Item 7 of the provisional agenda*
Strengthening international cooperation and technical
assistance in preventing and combating terrorism
Strengthening international cooperation and technical
assistance in promoting the implementation of the universal
conventions and protocols related to terrorism within the
framework of the activities of the United Nations Office on
Drugs and Crime
Report of the Secretary-General**
Summary
The present report has been prepared pursuant to General Assembly
resolution 59/153 of 20 December 2004, entitled “Strengthening international
cooperation and technical assistance in promoting the implementation of the
universal conventions and protocols related to terrorism within the framework of the
activities of the United Nations Office on Drugs and Crime”. It reviews the progress
made in technical assistance delivery by the Terrorism Prevention Branch of the
Division for Treaty Affairs of the United Nations Office on Drugs and Crime and
presents guidelines and proposals concerning the future approach to technical
assistance for consideration by the Commission on Crime Prevention and Criminal
Justice. The report also provides data on the status of ratification of the universal
conventions and protocols related to terrorism and on voluntary contributions
received by the Branch. It concludes with general remarks and recommendations.
Contents
Paragraphs Page
I. Introduction ......................................................... 1-6 3
II. Putting technical cooperation to work .................................... 7-27 4
A. Bilateral activities................................................ 7-9 4
B. Regional and subregional frameworks ............................... 10-19 6
C. Intensifying efforts by presence in the field ........................... 20-21 9
D. Working together: a multiplier effect ................................ 22-27 10
III. Technical cooperation approach......................................... 28-40 11
A. An integrated, synergistic approach ................................. 28-31 11
B. The fight against terrorism in the context of building fair criminal justice
systems and the rule of law ........................................ 32-34 12
C. International cooperation against terrorism ........................... 35-39 13
D. Guidelines for technical cooperation................................. 40 14
IV. Technical cooperation tools ............................................ 41-46 14
V. Ratification of the universal instruments related to terrorism: measuring progress 47-48 15
VI. Resources and expenditures ............................................ 49-53 16
VII. Conclusions and recommendations ...................................... 54-57 19
.Annex.
Guidelines for technical assistance to combat terrorism ...............................
.
21
I. Introduction
1. The year under review has been a challenging one for the United Nations, but
the challenges have created an opportunity to debate change in the Organization. In
that spirit, the Secretary-General appointed a High-level Panel on Threats,
Challenges and Change to examine the threats faced, to evaluate existing policies,
processes and institutions and to make bold and practicable recommendations. On
1 December 2004 the High-level Panel presented a report, “A more secure world:
our shared responsibility” (A/59/565 and Corr.1), in which it identified terrorism as
one of the six main threats to international peace and security and highlighted the
interconnectivity of those threats. The Panel recommended that the United Nations,
with the Secretary-General taking a lead role, promote a comprehensive strategy
that incorporated, but was broader than coercive measures.
2. On 10 March 2005, the Secretary-General presented the main elements of that
strategy, entitled “A Global Strategy for Fighting Terrorism”, and the role of the
United Nations in implementing it, to the International Summit on Democracy,
Terrorism and Security, held in Madrid from 8 to 11 March 2005. In so doing he
enunciated his vision of a principled, effective strategy against terrorism that
respected and protected the rule of law and universal human rights, which could be
characterized by what he called the five “Ds”: dissuasion, denial, deterrence,
development of state capacity and defence of human rights
(see http://www.un.org/News/Press/docs/2005/sgsm9757.doc.htm). In his address to
the Summit, the Secretary-General stressed that enhancing coordination was one of
the priorities of the United Nations and called on all entities of the United Nations
system to contribute to implementing the Global Strategy. He announced the
creation of an implementation task force that would meet regularly to review the
fight against terrorism and related issues throughout the United Nations system and
to make sure that all parts of it played their proper role.
3. The Global Strategy will have an impact on the work of the Terrorism
Prevention Branch of the Division for Treaty Affairs of the United Nations Office
on Drugs and Crime (UNODC). In particular with regard to coordination, the past
year saw changes in the way the Terrorism Prevention Branch conducted its work.
The creation by the Security Council in its resolution 1535 (2004) of 26 March 2004
of the Counter-Terrorism Committee Executive Directorate and the appointment of
its Executive Director, Javier Rupérez, at the Assistant Secretary-General level, has
further strengthened the existing mechanisms for coordination of counter-terrorism
activities worldwide. The enhanced ability of the Counter-Terrorism Committee to
monitor and evaluate the implementation of resolution 1373 (2001) of 28 September
2001 and its assumption of a more proactive role in the dialogue with Member
States, including visits to States to engage in detailed monitoring of the
implementation of resolution 1373 (2001), has important implications for the work
of providers of technical assistance such as the Terrorism Prevention Branch. This is
particularly the case, since the Council, in its resolution 1535 (2004), recognized
that such visits should be conducted, when appropriate, in close cooperation with
relevant international, regional and subregional organizations and other United
Nations bodies, including UNODC, in particular with its Terrorism Prevention
Branch, taking special care of the assistance that might be available to address
States’ needs.
4. In its resolution 59/153 of 20 December 2004, the General Assembly requested
UNODC to intensify its efforts to provide technical assistance in preventing and
combating terrorism through the implementation of the universal instruments related
to terrorism. The activities of the Terrorism Prevention Branch aimed at providing
assistance to States in reviewing and revising national legislation against terrorism
have again been numerous in the year under review, while at the same time
increasingly addressing the issue of qualitative follow-up to initial assistance
activities as also the issue of legislative incorporation and implementation of the
universal instruments. By moving into follow-up, the Branch was also in a position
to evaluate the impact of its initial activities and to measure progress made by
States.
5. In order to facilitate its follow-up activities, new technical assistance tools
have been developed by the Branch, focusing on legislative incorporation and
international coordination. A guide for the legislative incorporation and
implementation of the universal instruments related to terrorism has been drafted,
taking the existing Legislative Guide to the Universal Anti-Terrorism Conventions
and Protocols1 one step further. A training manual to complement the guide is
planned. As regards international cooperation, UNODC finalized the Model Law on
Extradition (http://www.unodc.org/pdf/model_law_extradition.pdf) and started work
on a draft model law on mutual legal assistance. The two model laws are important
additions to the existing body of UNODC technical assistance tools for international
cooperation. A compendium of all those tools is forthcoming.
6. In addition to the technical cooperation activities undertaken by the Branch,
work has focused on the substantive preparations for the Eleventh United Nations
Congress on Crime Prevention and Criminal Justice, to be held in Bangkok from
18 to 25 April 2005. Terrorism will take a prominent place at the Eleventh Congress,
with a substantive item on international cooperation against terrorism and links
between terrorism and other criminal activities in the context of the work of
UNODC and a workshop on measures to combat terrorism, with reference to the
relevant international conventions and protocols, organized jointly by UNODC and
the International Institute of Higher Studies in Criminal Sciences. Furthermore, an
ancillary meeting on upholding the rule of law while fighting terrorism will be
organized by the International Association of Penal Law, the International
Commission of Catholic Prison Pastoral Care and the Intergovernmental Agency of
la Francophonie. Pursuant to General Assembly resolution 59/153, the Eleventh
Congress will also discuss the guidelines for technical assistance to combat
terrorism, with a view to their consideration by the Commission (see the annex to
the present report).
II. Putting technical cooperation to work
A. Bilateral activities
7. In the year under review, direct bilateral cooperation missions were conducted
to 26 countries, upon request, focusing mainly on providing legal advisory services
on the incorporation of the relevant provisions of the international instruments into
national legislation, as well as assistance for the implementation of the legislation,
including international cooperation mechanisms. In some cases, UNODC experts
helped States compile the elements needed for completion of their reports to the
Counter-Terrorism Committee in response to Security Council resolution 1373
(2001). Two bilateral assistance activities are described below as examples of the
consultative nature and type of cooperation activities the Branch engages in.
8. Pursuant to a request formulated by the Government of Afghanistan in its
supplementary report to the Counter-Terrorism Committee (S/2003/353) and in
coordination with the Afghan authorities, UNODC sent a technical assistance
mission to Kabul from 5 to 12 June 2004 to provide advice to the Afghan authorities
on legislative measures needed to combat terrorism and transnational organized
crime. The existing legislation was reviewed and the ministers of justice and
education identified the fight against terrorism as a priority for their country,
requesting UNODC to assist in drafting legislation to fight terrorism and to discuss
the proposed draft law and/or relevant amendments to the penal code with the
relevant ministries. Following the drafting and translation of the law and
amendments to the Penal Code and the External and Internal Security Act, a
legislative drafting workshop was held in Vienna from 22 to 24 November 2004,
attended by representatives of the ministries of justice, foreign affairs, the interior
and finance. The participants agreed to take into account the recommendations of
the meeting and have subsequently forwarded a revised draft counter-terrorism law
for comments. UNODC has provided comments to the Afghan authorities and
further consultations to finalize the draft are envisaged.
9. Subsequent to a request by the Government of Paraguay, UNODC in July 2004
sent comments on draft counter-terrorism legislation to the working group charged
with drawing up the new legislation. Prior to that, the Security Council had on
several occasions called upon Paraguay to urgently adopt internal legislative
measures in full compliance with Council resolution 1373 (2001). After
coordination with the Paraguayan authorities, a joint legal assistance mission to
Asunción was conducted from 27 November to 3 December 2004 by the CounterTerrorism Committee, UNODC, the Office of the United Nations High
Commissioner for Human Rights (OHCHR) and the Inter-American Committee
against Terrorism (CICTE) of the Organization of American States (OAS). The
Paraguayan authorities informed the mission that Paraguay had deposited its
instruments of ratification of the Convention for the Suppression of Unlawful Acts
against the Safety of Maritime Navigation2 and the Protocol for the Suppression of
Unlawful Acts against the Safety of Fixed Platforms Located on the Continental
Shelf.3 The International Convention for the Suppression of the Financing of
Terrorism (General Assembly resolution 54/109, annex) and the Inter-American
Convention against Terrorism (A/56/1002-S/2002/745, annex) were ratified shortly
thereafter. Thus, Paraguay joined Bolivia, Chile, Peru and Uruguay in the group of
countries of South America that had ratified all the universal instruments related to
terrorism. With regard to the process of drafting national legislation incorporating
the provisions of the instruments into domestic legislation, a national workshop was
organized and attended by high-level representatives of the Supreme Court of
Justice, the ministries of foreign affairs, national defence, economy and finance and
justice, the Public Prosecutor’s Office and the Superintendence of Banks. The
Paraguayan officials presented draft legislation, on which the mission offered
specific comments and advice with a view to ensuring the full incorporation of the
requirements of the universal instruments. Subsequently, Paraguay submitted draft
legislation to its Congress incorporating the requirements of the universal
instruments in March 2005. Planned future activities include a joint CICTE/
OAS/UNODC/Common Market of the Southern Cone (MERCOSUR) seminar on
freezing of terrorist assets, to be hosted by the Government of Paraguay in Asunción
in May/June 2005.
B. Regional and subregional frameworks
10. During the year under review, efforts were made by UNODC to draw up
frameworks for regional activities under its global project on strengthening the legal
regime against terrorism. The aim of such regional frameworks was to enhance the
planning and monitoring of the various activities conducted in specific regions and
to harmonize the efforts of States in the same region or subregion. At the same time,
they were a response to requests from various donor Governments that wished their
contributions to be earmarked for use in particular countries and regions.
11. The UNODC Regional Office for the Middle East and North Africa in Cairo
has taken the lead in this area of work and has, in cooperation with the Terrorism
Prevention Branch, developed a regional action plan to combat terrorism, taking
into full account regional specificities and needs. The regional action plan foresees:
(a) provision of substantive legal advice on the ratification of the international
instruments related to terrorism and on the incorporation of relevant provisions into
domestic legislation; (b) support for the legislative adoption of the new provisions
against terrorism; (c) training for criminal justice officials in the effective
implementation of national legislation; (d) support for effective participation in
international cooperation at the regional and global levels; and (e) support for
raising public awareness of the counter-terrorism instruments and counter-terrorism
issues in general.
12. The action plan builds upon counter-terrorism work conducted by UNODC in
the region in 2004, including with Jordan, Morocco and the United Arab Emirates
on international cooperation in criminal matters and the ratification of the universal
instruments related to terrorism. Other activities in this priority region included the
organization of a regional training workshop on drugs and organized crime for the
member States of the Organization of the Islamic Conference of the Arab region,
organized in Manama from 25 November to 1 December 2004 by UNODC and the
Naif Arab University for Security Sciences and hosted by the Government of
Bahrain. Participating criminal justice officials agreed to accelerate the process of
ratification and upgrading of national laws in order to effectively implement the
universal instruments; to develop mutual assistance infrastructures and capacities; to
enhance regional cooperation; to organize appropriate training for key actors, judges
and prosecutors at the national and regional levels; and to put in place all the central
authorities required for cooperation.
13. A national workshop on international cooperation against terrorism was
organized in Cairo on 21 and 22 December 2004 by UNODC and the Egyptian
National Committee on Combating Terrorism. High-level Egyptian officials,
including chief justices, members of the civil and military judiciary, prosecutors,
ambassadors, law enforcement officers and university professors, attended the
meeting, the main objective of which was to share information and practical
experience in matters related to methods and techniques of combating terrorism,
including related legal aspects. The results of the workshop and the experiencegained will serve in the organization of other national workshops in the region in the
context of UNODC’s regional action plan. Participants recommended the
establishment of national committees to combat terrorism that would coordinate
action at the national and regional levels and emphasized the urgency of creating a
training centre under the auspices of the UNODC Regional Office for the Middle
East and North Africa to provide specialized training in combating organized crime,
terrorism, corruption and money-laundering. (The call for such a regional training
centre was reiterated at the Arab regional symposium on combating terrorism held
in Cairo on 16 and 17 February 2005.) Participants also agreed to bolster efforts to
ratify and implement the universal instruments related to terrorism.
14. A regional component has also been developed for the Terrorism Prevention
Branch’s technical cooperation with Latin America and the Caribbean. Together
with CICTE/OAS and the Latin American Institute for the Prevention of Crime and
the Treatment of Offenders, the Branch conceptualized a set of regional activities
aimed at strengthening regional cooperation through the ratification and
implementation of the universal instruments related to terrorism, the United Nations
Convention against Transnational Organized Crime (General Assembly
resolution 55/25, annex I) and the Protocols thereto and the United Nations
Convention against Corruption (resolution 58/4, annex). Expert workshops have
been conducted on the drafting of legislation and implementation of those
instruments and the Inter-American Convention against Terrorism. The decision was
taken to target initially those countries of the region which had at the time ratified
the Inter-American Convention. The first workshop was held in San José from 20 to
22 January 2004 for representatives of Costa Rica, El Salvador, Mexico, Nicaragua,
Panama and Peru. Subsequently, bilateral assistance was provided to Costa Rica, El
Salvador, Nicaragua and Peru. From 14 to 16 March 2005 a follow-up workshop
was held in San José to review the progress made. The review of participating
States’ legislation and/or draft legislation pending parliamentary approval showed
that progress made between January 2004 and March 2005 had been considerable.
An initial expert workshop for States that had not yet ratified the Inter-American
Convention against Terrorism—Colombia, the Dominican Republic, Ecuador,
Guatemala, Honduras and Venezuela (Bolivarian Republic of)—was held in San
José from 2 to 10 October 2004.
15. Real progress at the subregional level can also be seen with regard to the
French-speaking countries of Africa. The Regional Ministerial Conference of
French-speaking Countries of Africa for the promotion of ratification of the United
Nations Convention against Transnational Organized Crime and the Protocols
thereto was organized in Cairo from 2 to 4 September 2003, by UNODC, the
Intergovernmental Agency of la Francophonie and the Government of Egypt.
Representatives of Benin, Burkina Faso, Cameroon, the Central African Republic,
Chad, Côte d’Ivoire, the Democratic Republic of the Congo, Egypt, Gabon, Guinea,
Guinea-Bissau, Mauritania, Mauritius, Morocco, the Niger, the Republic of the
Congo, Rwanda, Sao Tome and Principe, Senegal and Togo attended the
Conference, at the end of which their commitment to speedy ratification and
implementation of the universal instruments related to terrorism was enshrined in
the Cairo Declaration (A/C.3/58/4, annex).
16. A little over one year later, the Regional Ministerial Conference of Frenchspeaking Countries of Africa for the ratification and implementation of the universal
instruments against terrorism and the Organized Crime Convention and the
Convention against Corruption was held in Port-Louis from 25 to 27 October 2004
to examine progress made in the ratification and implementation of the instruments.
The Conference was organized by UNODC, the Intergovernmental Agency of la
Francophonie and the Government of Mauritius. Again a large number of Frenchspeaking African countries were represented: Benin, Burkina Faso, Burundi,
Cameroon, Central African Republic, Comoros, Côte d’Ivoire, Democratic Republic
of the Congo, Djibouti, Egypt, Gabon, Guinea, Guinea-Bissau, Mali, Mauritania,
Mauritius, Morocco, Niger, Republic of the Congo, Rwanda, Sao Tome and
Principe, Senegal, Togo and Tunisia. The increased rate of ratification of almost
50 per cent demonstrated the commitment of the Governments and the progress
made. Between the two conferences, UNODC had provided bilateral technical
cooperation and legal assistance to 11 countries4 to enable them to become parties
to and implement the universal instruments against terrorism and transnational
organized crime. A further significant increase in the ratification and legislative
implementation processes by French-speaking African countries is expected by the
time of the third conference, to be held in Dakar in 2005.
17. The Terrorism Prevention Branch has intensified its technical cooperation
activities with the countries of the Commonwealth of Independent States (CIS) and
Central Asia. In April 2004, experts of the Branch provided substantive inputs to the
third joint session of the Council of Foreign Ministers, the Coordinating Council of
Prosecutors General, the Council of Heads of Security Bodies and Special Services,
the Council of Commanders-in-Chief of Frontier Troops and the Council of Heads
of Customs Services of CIS, including an extensive review of a CIS Model Law on
Terrorism that had been adopted by the Interparliamentary Assembly of Member
Nations of CIS in December 2004. A regional workshop on legislative
implementation and international cooperation was organized from 5 to 7 April 2005
in Tashkent by the Branch, the Shanghai Cooperation Organization and the
Organization for Security and Cooperation in Europe (OSCE). Participants included
representatives of Afghanistan, China, Iran (Islamic Republic of), Kazakhstan,
Kyrgyzstan, Mongolia, the Russian Federation, Tajikistan, Turkmenistan and
Uzbekistan, as well as of the International Monetary Fund (IMF), CIS and the
South-East Asia Regional Centre for Counter-Terrorism (SEARCCT). Belarus,
Tajikistan and Turkmenistan, after having received technical assistance from the
Terrorism Prevention Branch in the form of bilateral assistance missions conducted
in 2003 and 2004, have become parties to all 12 universal counter-terrorism
instruments.
18. As regards Asia and the Pacific, the Terrorism Prevention Branch has been
actively involved in the Bali Process on People Smuggling, Trafficking in Persons
and Related Transnational Crime and has structured its assistance in line with the
priorities determined under the Process. At the Regional Ministerial Meeting on
Counter-Terrorism held in Bali, Indonesia, on 4 and 5 February 2004, ministers
agreed to establish an ad hoc working group of senior legal officials from the region
that would report on the adequacy of regional legal frameworks for counterterrorism cooperation and identify new areas for improvement of cooperation and
assistance. The Branch participated in the first meeting of the Legal Issues Working
Group, chaired by Australia in Canberra on 4 and 5 August 2004. Delegates
representing 24 countries, including many of the Pacific island countries, and
several regional and international organizations and bodies, attended the meeting.
The meeting created two subgroups, one, chaired by Japan, on offences whose
criminalization is required in order to provide an effective regime to deal with
terrorism and one on international legal cooperation, chaired by Thailand. The
Branch was invited to make a substantive contribution to the work of both
subgroups. Japan organized a Seminar on the Promotion of Accession to the
International Convention for the Suppression of the Financing of Terrorism in
Tokyo on 2 December 2004, at which the Branch participated. It also contributed to
the workshop on international legal cooperation organized by Thailand in January
2005. The Branch has been invited by both chairs (Japan and Thailand) to continue
to contribute to the work of the subgroups.
19. Regional and subregional workshops have been conducted in the year under
review as follows:
(a) A regional workshop on the ratification and implementation of the
universal instruments against terrorism, the Organized Crime Convention and the
Convention against Corruption, as well as on the drafting of reports to the CounterTerrorism Committee of the Security Council, was held in Praia from 8 to
10 December 2004, organized in cooperation with the Government of Cape Verde.
The following countries participated: Angola, Benin, Cape Verde, Côte d’Ivoire,
Democratic Republic of the Congo, Equatorial Guinea, Gabon, Gambia, Ghana,
Guinea, Guinea-Bissau, Mauritania, Mozambique, Nigeria, Republic of the Congo,
Sao Tome and Principe, Senegal, Sierra Leone and Togo;
(b) The Expert Workshop on International Cooperation on CounterTerrorism, Corruption and the Fight against Transnational Crime was held in Zagreb
from 7 to 9 March 2005. It brought together participants from Albania, Bosnia and
Herzegovina, Bulgaria, Croatia, Hungary, Romania, Serbia and Montenegro,
Slovakia, Slovenia and the former Yugoslav Republic of Macedonia, together with
representatives of 12 regional and international organizations, including OHCHR,
the Council of Europe, Eurojust, the International Criminal Police Organization
(Interpol), the European Commission and the Council of the European Union.
Participants reviewed legislative requirements emanating from the universal
instruments related to terrorism, the United Nations Convention against Corruption
and the Organized Crime Convention and simulated case studies involving those
issues and international cooperation. The Zagreb Declaration on International
Cooperation on Counter-Terrorism, Corruption and the Fight against Transnational
Organized Crime adopted at the workshop (A/59/754-S/2005/197, annex) includes
20 conclusions on best practices and guiding principles in the fight against
terrorism, transnational organized crime and corruption.
C. Intensifying efforts by presence in the field
20. In order to support the implementation of the Terrorism Prevention Branch’s
activities in the field, regional-level experts—many of them on a part-time basis in
order to make the most efficient use of resources—were based in a number of
strategic locations in order, to provide on the ground for follow-up activities: two
experts were based in Cairo to cover the Middle East and North Africa; and two
experts responsible for Latin America and the Caribbean were based at the Latin
American Institute for the Prevention of Crime and the Treatment of Offenders in
Costa Rica and in Buenos Aires. In order to follow up on the Branch’s expanding
activities in CIS and Central Asia, experts were based in Moscow and at the
UNODC Regional Office for Central Asia in Tashkent. Two experts based in
Singapore and in Bangkok covered the Asian region, while an expert based in
Canberra followed activities in the Pacific region. The experts met in Vienna from
7 to 11 February 2005 to be briefed on the activities of UNODC and the approach to
technical assistance, to exchange experience and knowledge and to familiarize
themselves with each other’s work and expertise.
21. The creation of advisory panels for specific geographical regions and legal
systems to review proposed legislative solutions and provide specific input
appropriate to the regions’ particular historical and legal traditions and
jurisprudence, as well as the placement of mentors to provide longer-term in-depth
follow-up, is also envisaged.
D. Working together: a multiplier effect
22. The technical assistance activities of the Terrorism Prevention Branch are
undertaken in compliance with the decisions and policy guidance of the CounterTerrorism Committee of the Security Council and in close coordination with the
work of the Counter-Terrorism Committee Executive Directorate. The Committee
and its Executive Directorate provide guidance for the counter-terrorism work of the
United Nations; they analyse the reports received from Member States pursuant to
resolutions of the Council and facilitate and coordinate the provision of technical
assistance to requesting States. UNODC delivers legislative and advisory services,
upon request, drawing on its specialized substantive expertise: its technical
assistance functions are intended to complement the normative, policy making and
monitoring functions of the Counter-Terrorism Committee and its Executive
Directorate.
23. As a follow-up to the special meeting organized by the Counter-Terrorism
Committee on 6 March 2003, OSCE, in cooperation with UNODC, hosted a meeting
between international, regional and subregional organizations in Vienna on 11 and
12 March 2004 on strengthening practical cooperation between regional and
international organizations. The proceedings of the meeting appear in a joint
OSCE/UNODC publication.
24. The Branch made further progress towards maximizing impact and avoiding
duplication of efforts by establishing operational partnerships: technical assistance
activities were undertaken in close collaboration with numerous international,
regional and subregional organizations, such as OAS, OSCE, the Commonwealth
Secretariat, the Intergovernmental Agency of la Francophonie, the Economic
Community of West African States, the Economic Community of Central African
States and the International Civil Aviation Organization. Several legislative advisory
activities were conducted with IMF, including an assessment of Italy’s system to
counter money-laundering and the financing of terrorism. The assessment was
conducted from 4 to 14 April 2005 using the joint methodology for evaluating
compliance developed by the Financial Action Task Force on Money Laundering,
IMF and the World Bank.5 OHCHR is UNODC’s partner in implementing
programme activities related to the rule of law and terrorism. The Terrorism
Prevention Branch has contributed to numerous technical cooperation-related
activities of these partner organizations, providing substantive input on the universal
instruments related to terrorism and Security Council resolution 1373 (2001) and on
increasing international cooperation in that regard.
25. UNODC has made substantive and technical presentations on programme
activities in a variety of international forums, including the Counter-Terrorism
Committee, the Counter-Terrorism Action Group of the Group of Eight and the
Working Party on Terrorism of the Council of the European Union. At the request of
Interpol, UNODC prepared a report on current trends in international instruments to
abolish the political offence exception for political violence for submission to the
Working Group on Article 3 of the Interpol Constitution with respect to political
offences.
26. The Branch also worked closely with the Office of Legal Affairs of the
Secretariat, which provided relevant advice and substantive elements related to the
development of UNODC’s technical assistance tools. Further, UNODC has engaged
in discussions with the Security Council Committee established pursuant to
resolution 1267 (1999) of 15 October 1999 concerning Al-Qaida and the Taliban and
associated individuals and entities, as well as the Security Council Working Group
established pursuant to resolution 1566 (2004) of 8 October 2004, on how UNODC
activities could support the work of the two bodies, in particular concerning the
criminal justice aspects of their work and more specifically issues related to victims
of terrorism.
27. In order to ensure transparency, the Terrorism Prevention Branch continued its
practice of providing, on a periodic basis, detailed briefings to Member States on
progress made in programme delivery. A brochure reflecting the work of the Branch
has been updated regularly and is available online
(http://www.unodc.org/pdf/brochure_gpt_may2004%20.pdf). The Branch continued
to produce and disseminate on a monthly basis a matrix of its ongoing and planned
technical assistance activities per country and region. An issue of the journal Forum
on Crime and Society devoted to terrorism is forthcoming.
III. Technical cooperation approach
A. An integrated, synergistic approach
28. The close connection between international terrorism and transnational
organized crime was already noted in Security Council resolution 1373 (2001), in
which the Council emphasized the need to enhance coordination of efforts at the
national, subregional, regional and international levels. This has been further
highlighted in the report of the High-level Panel on Threats, Challenges and Change
in which the High-level Panel noted that today, more than ever before, security
threats (including terrorism and organized crime) were interrelated. In his report
entitled “In larger freedom: towards development, security and human rights for all”
(A/59/2005), the Secretary-General reiterated that the threat of terrorism was
closely linked to that of organized crime, which was growing and affected the
security of all States. Organized crime contributed to state weakness, impeded
economic growth, fuelled many civil wars and provided financing mechanisms to
terrorist groups.
29. Against this background, UNODC has made efforts to provide responses to
illicit drugs, crime and terrorism that are integrated and synergistic. The close
linkages between and interrelatedness of the threats of terrorism and organized
crime call for international, regional and national responses that take into account
and combine the lessons learned from fighting each type of crime. Both the
international community and national authorities can benefit from the use of
mechanisms and instruments initially set up to combat transnational organized crime
and money-laundering when they are fighting terrorist groups and their financial
activities. UNODC technical assistance activities have taken this into account and
have encouraged States to bear in mind the interconnectivity of threats when
drafting and amending laws and building capacity against terrorism and
transnational organized crime and to address, to the extent possible, the
requirements emanating from the relevant international instruments related to
terrorism and transnational organized crime.
30. Strengthening the rule of law and building fair criminal justice systems are
also important components in countering terrorism and need to be integrated into
technical cooperation activities in those areas. Both terrorists and criminal groups
benefit from a weak or absent State and have an interest in countering the efforts of
law enforcement and government agencies.
31. Cooperation among States is the other important component in fighting the
global threats of terrorism and organized crime. In order to provide States with a
comprehensive set of standards and measures against terrorism and organized crime,
UNODC’s technical cooperation programme encourages the incorporation of these
components.
B. The fight against terrorism in the context of building fair criminal
justice systems and the rule of law
32. A new focus has been given to the activities of the Terrorism Prevention
Branch by the introduction of a project component specifically addressing the fight
against terrorism within the framework of the rule of law. As the international
community perceives the terrorist threat to be increasing in severity and breadth,
there is a corresponding danger of overreacting by implementing measures and
mechanisms that may prove to be unnecessarily intrusive. In the aftermath of recent
major terrorist attacks, many States have enacted new legislation or amended their
existing legislation and have introduced new methods and practices to counter
terrorism. These new laws should be fully in line with the principle of the rule of
law and the international legal framework, in particular international human rights
law.
33. Effective counter-terrorism measures and respect for the rule of law can go
hand in hand. Measures can be taken and rights may even be suspended in times of
a public emergency that threatens the life of a nation. States may invoke so-called
emergency powers in the fight against terrorism, while striking a balance between
individual rights, protection of the community and national security. Whatever
emergency measures are taken must be based on the principle of legality,
proportionality and necessity and be of limited duration; thus they may not affect
non-derogable rights. In drafting legislation and implementing measures for the
prevention of and fight against terrorism, the greatest challenge is to avoid
unnecessary suppression of individual liberties. This concern has been addressed by
the Secretary-General’s call upon Member States to appoint a special rapporteur
who would report to the Commission on Human Rights on the compatibility of
counter-terrorism measures with international human rights laws (A/59/2005,
para. 94).
34. UNODC counter-terrorism assistance activities assist justice professionals and
policymakers in making effective counter-terrorism measures compatible with the
rule of law and respect for human rights. Promoting the rule of law in all the
components of the crime programme constitutes the core function for which
UNODC has received its mandate from the Commission on Crime Prevention and
Criminal Justice. Related activities will be formulated and undertaken in close
consultation with OHCHR, with the aim of developing capacity to offer technical
assistance to States on counter-terrorism and emergency measures with special
emphasis on respect for the rule of law. Related issues are discussed in the section
below.
C. International cooperation against terrorism
35. The High-level Panel on Threats, Challenges and Change has pointed out that
no State, no matter how powerful, can by its own efforts alone make itself
invulnerable to today’s threats. Every State requires the cooperation of other States
to make itself secure. It is in every State’s interest, accordingly, to cooperate with
other States to address their most pressing threats, because doing so will maximize
the chances of reciprocal cooperation to address its own threat priorities (A/59/565,
para. 24).
36. Given the advent of globalization, the development of international terrorism
and the increased links between different forms of transnational crime, effective
means of punishing such international acts need to be reinforced. Investigating and
prosecuting cases against persons suspected of participation in organized crime or
terrorist activities are often difficult. It is all the more difficult to try to bring a case
together when the suspect, the victim, key evidence, key witnesses, key expertise or
the profits of crime are located outside the State’s jurisdiction. While all forms of
transnational crime, including terrorism, have benefited from globalization, States’
modalities of inter-State cooperation have remained largely fragmented and are
often ineffective. For criminal justice practitioners confronted with modern
organized crime and terrorism, relying on international cooperation has become a
necessity. The international community has realized the increasingly global
dimensions of terrorism and organized crime and has introduced a range of
modalities and tools for international cooperation in criminal matters, such as
extradition, mutual legal assistance, transfer of criminal proceedings, transfer of
sentenced persons, recognition of foreign penal judgements, freezing and seizing of
assets and law enforcement cooperation.
37. UNODC, with its extensive substantive expertise in international cooperation,
has the ability to assist States in developing treaty relations at the various levels, in
particular on the basis of the revised manuals on the Model Treaty on Extradition
(General Assembly resolutions 45/116, annex, and 52/88, annex) and on the Model
Treaty on Mutual Assistance in Criminal Matters (resolution 45/117, annex). In that
context, the Organized Crime Convention and the Convention against Corruption
reflect in many ways the “state of the art” of international cooperation in criminal
matters.
38. However, most States rely on domestic legislation to enact international
cooperation modalities into law. Existing international cooperation depends almost
entirely on the effectiveness of national legal systems. For example, one of the main
objectives of an effective international cooperation regime is that there should be no
safe haven for criminals. This requires the establishment of an adequate and
comprehensive approach to jurisdiction, the aut dedere aut judicare principle—
which requires that an accused person is either extradited or prosecuted—and more
effective extradition procedures. Often States lack not only the legislative resources
to engage in inter-State cooperation, but also the required expertise in their
ministries of justice, the interior and foreign affairs to deal adequately with those
processes.
39. UNODC will continue to cooperate with States in putting in place the required
legislative framework for effective international cooperation to combat terrorism
and will assist States in building the required capacity to implement the measures
adopted.
D. Guidelines for technical cooperation
40. Pursuant to General Assembly resolution 58/136 of 22 December 2003,
UNODC has prepared guidelines according to which assistance would be provided
to promote the ratification of, accession to and implementation of the universal
conventions and protocols and to identify specific elements of such assistance with
a view to facilitating cooperation among Member States. The guidelines were
developed by an expert group that met in Cape Town, South Africa, on 24 and
25 February 2004, for consideration by the Commission on Crime Prevention and
Criminal Justice at its fourteenth session. In accordance with Assembly
resolution 59/153, the guidelines are being submitted to the Eleventh Congress for
further discussion (see annex).
IV. Technical cooperation tools
41. In order to carry out its technical cooperation activities effectively, UNODC
has developed a variety of technical tools based on best practices identified by
international experts that are used in the training of judicial and prosecutorial
personnel in the proper implementation of the universal conventions and protocols
related to terrorism.
42. In the area of international cooperation, UNODC has over the years prepared a
series of specialized manuals and model laws on extradition and mutual legal
assistance intended to allow States to make use of the guidance provided in order to
prepare bilateral agreements and to draft relevant legislation against terrorism.
UNODC, the International Institute of Higher Studies in Criminal Sciences and the
Monitoring Centre on Organized Crime organized an expert group meeting on the
preparation of model legislation on extradition in conjunction with a training
workshop on extradition in terrorism cases, in Siracusa, Italy, from 2 to 6 December
2003. The two meetings served to upgrade skills in the field of extradition.
43. In 2004, UNODC issued a Legislative Guide to the Universal Anti-Terrorism
Conventions and Protocols, which is both a guide for legislative drafters and a
training tool in legislative assistance activities, and is distributing the work widely.
In 2004, an independent evaluation of the tools and toolkits produced by UNODC in
various areas described the Legislative Guide as a low-cost way of directly
addressing an identified need, unambiguously connected to its users, that had
directly facilitated UNODC’s technical assistance programme and the implementation of the global conventions, had linked tools to training, for cost-effectiveness,
and was a model of handiness of presentation and readability in a difficult subject.
44. As a further tool to enhance the implementation of the universal instruments
related to terrorism, UNODC is finalizing a guide for the legislative incorporation
and implementation of those instruments. The draft guide goes further than the
legislative guide, as it takes into account other obligations of States under
international law, such as principles of human rights. It also provides an in-depth
analysis of international cooperation, which is considered an integral part of legal
measures against terrorism, and proposes a broad range of options and examples
that national legislators can consider when incorporating new counter-terrorism
measures into their national legislation. The guide will be submitted to the
Commission as a conference room paper.
45. To further complement this work, UNODC has put together a Compendium of
Legal Instruments and Useful Technical Assistance Tools to Prevent Terrorism and
Other Related Forms of Crime. The Compendium, which lists relevant legislative
guides, model laws, manuals and implementation tools relating to terrorism and
other related crimes is available on the Internet (http://137.82.153.100/
Site%20Map/compendium/Compendium/index.htm) and as a CD-ROM.
46. In the year under review, UNODC has further developed its legislative
database, which is used as an in-house tool to support the delivery of technical
assistance. It contains the analysed and categorized counter-terrorism legislation of
over 120 States, a selected bibliography on terrorism, as well as the jurisprudence of
international courts on terrorism, and a range of technical cooperation tools. In
order to further enhance the comprehensiveness of the database, the Office would
welcome examples of national legislation effectively implementing the penalization,
jurisdiction or international cooperation obligations of the universal instruments
related to terrorism, as well as problems that may arise in drafting or applying such
legislation.
V. Ratification of the universal instruments related to
terrorism: measuring progress
47. In its resolution 58/136, the General Assembly recommended that the
Commission on Crime Prevention and Criminal Justice, in coordination with other
United Nations entities, in particular the Counter-Terrorism Committee, keep under
regular review the progress made by Member States in becoming parties to and
implementing the universal conventions and protocols related to terrorism and the
needs of Member States requesting assistance.
48. Member States have made considerable progress with regard to becoming
parties to the universal instruments related to terrorism. The figure below provides
the overall number of new States parties to the universal instruments, as well as new
parties since the launch of the Terrorism Prevention Branch’s technical cooperation
project to strengthen the legal regime against terrorism. Of the 61 States that have
received bilateral assistance from the Branch since the launch of the project in
October 2002, 40 have become parties to one or more of the instruments.
VI. Resources and expenditures
49. The resources of the Terrorism Prevention Branch are derived from the United
Nations regular budget, approved by the General Assembly, and from voluntary
contributions by Member States. The regular budget includes an annual provision of
approximately $900,000, mainly covering seven staff positions with small
allocations for expert groups, consultants and travel.
50. The technical assistance activities of the Branch and many of the staff required
for their delivery are financed from voluntary contributions from donor countries.
Such support has been steadily increasing, reflecting growing confidence in
effective programme delivery. As at 8 April 2005, the contributions and pledges
shown in the table below had been made to the United Nations Crime Prevention
and Criminal Justice Fund for the Branch’s technical assistance projects.
Contributions made to the United Nations Crime Prevention and Criminal
Justice Fund for technical assistance projects of the Terrorism Prevention
Branch, as at 8 April 2005
Donor
Total value paid
(United States dollars)
Austria 1 039 196
Canada 111 092
Denmark 181 737
France 493 883
Germany 419 090
Italy 840 782
Japan 30 000
Netherlands 4 720
Norway 442 478
Spain 156 576
Turkey 95 170
United Kingdom 478 000
United States of America 480 000
Total 4 772 724
173 5
177 1
177 3
121 32
111 34
78 32
126 22
74 41
66 37
83 32
73 61
52 83
0 50 100 150
As at the launch of the global project in October 2002 As at April 2005
Number of States parties to the universal conventions and protocols related to international terrorism
International Convention for the Suppression of the Financing of Terrorism (1999)a
International Convention for the Suppression of Terrorist Bombings (1997)b
Convention on the Marking of Plastic Explosives for the Purpose of Detection
(1991)c
Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms
Located on the Continental Shelf (1988)d
Convention for the Suppression of Unlawful Acts against the Safety of Maritime
Navigation (1988)e
Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving
International Civil Aviation, supplementary to the Convention for the Suppression of
Unlawful Acts against the Safety of Civil Aviation (1988)f
Convention on the Physical Protection of Nuclear Material (1980)g
International Convention against the Taking of Hostages (1979)h
Convention on the Prevention and Punishment of Crimes against Internationally
Protected Persons, including Diplomatic Agents (1973)i
Convention for the Suppression of Unlawful Acts against the Safety of Civil
Aviation (1971)j
Convention for the Suppression of Unlawful Seizure of Aircraft (1970)k
Convention on Offences and Certain Other Acts Committed on Board Aircraft
(1963)l
Convention/protocol (date) States parties
a General Assembly resolution 54/109, annex. b General Assembly resolution 52/164, annex. c S/22393, annex I; see Official Records of the Security Council, Forty-sixth Year, Supplement for January, February and March 1991.
d United Nations, Treaty Series, vol. 1678, No. 29004.
e Ibid.
f Ibid., vol. 1589, No. 14118.
g Ibid., vol. 1456, No. 24631.
h Ibid., vol. 1316, No. 21931.
i Ibid., vol. 1035, No. 15410.
j Ibid., vol. 974, No. 14118.
k Ibid., vol. 860, No. 12325.
l Ibid., vol. 704, No. 10106.
51. In addition, in-kind contributions have been received from Argentina,
Portugal, the Sudan and Turkey.
52. The Branch estimates that a minimum of between $4 million and $5 million is
required in annual voluntary contributions in order to sustain the currently projected
level of technical assistance activities.
53. During the period from October 2002 to December 2004, the Branch achieved
a project implementation rate of close to 100 per cent in relation to funds made
available, thus meeting the Branch’s goal of utilizing funds provided within a period
of 12 months. This is accomplished by advance planning and initiation of project
activities in anticipation of receipt of pledged voluntary contributions.
VII. Conclusions and recommendations
54. The main focus of the activities conducted by the Terrorism Prevention Branch
in the year under review was the provision of assistance to requesting countries for
the ratification and legislative incorporation of the universal instruments related to
terrorism. The Branch will continue to provide such assistance to States, upon
request, as a matter of priority. With the expected adoption by the General Assembly
of a further universal instrument, the draft convention for the suppression of acts of
nuclear terrorism, the Commission on Crime Prevention and Criminal Justice may
wish to provide guidance to UNODC regarding future legislative assistance to
promote this latest universal instrument against terrorism, once adopted.
55. Having reached a considerable number of countries through first-stage
regional, subregional and bilateral assistance activities, the work of the Branch will
in future focus increasingly on follow-up activities. The capacity to provide such indepth implementation assistance will be strengthened by increased representation at
the country and subregional levels, in particular by: (a) placement of experts in the
field; (b) pursuit by UNODC field offices of a comprehensive work programme,
covering illicit drugs, crime and terrorism; and (c) an active search for partnerships.
The Commission may wish to provide guidance as to further measures to be taken to
enhance the follow-up activities of the Branch.
56. Upholding the rule of law, building viable criminal justice systems and
strengthening international cooperation against terrorism are important components
of a comprehensive response against international terrorism, at both the national and
at the global level. UNODC has substantive in-house expertise and experience in
providing assistance to Member States in these areas. The Commission may wish to
consider the future direction of assistance in these areas by the Branch, in particular
with regard to assistance in building the capacity of criminal justice systems to
strengthen the rule of law and international cooperation arrangements.
57. In its resolution 59/153, the General Assembly expressed its appreciation to
donor countries for their voluntary contributions to the United Nations Crime
Prevention and Criminal Justice Fund, and invited all Member States to make
voluntary contributions to the Fund in order to allow UNODC to provide technical
assistance to requesting Member States. The growth of operational activities,
ongoing requests for assistance and the continued support given to the ratification
and, increasingly, implementation of the universal instruments related to terrorism
have further stretched the limited resources available to the Terrorism Prevention
Branch. Additional voluntary contributions and cost-sharing arrangements with
assisted countries are essential. The Branch’s efforts to increase the volume of
unearmarked contributions in relation to contributions for specific technical
assistance projects have not yet been successful. However, this remains of particular
importance if the Branch is to fulfil its mandates.
Notes
1 United Nations publication, Sales No. E.04.V.7.
2 United Nations, Treaty Series, vol. 1678, No. 29004.
3 Ibid.
4 Cape Verde (11-16 November 2003), the Central African Republic (9-14 February 2004), Guinea
(3-7 May 2004), Chad (6-10 June 2004), the Republic of the Congo (5-9 July 2004), Togo
(2-5 August 2004), Morocco (4-6 October 2004), Burkina Faso (25-28 November 2003),
Rwanda (25-28 November 2003), Cameroon (25-28 November 2003) and Gabon (25-28
November 2003).
5 Financial Action Task Force on Money Laundering, Methodology for Assessing Compliance with
the FATF 40 Recommendations and the FATF 8 Special Recommendations (27 February 2004).
Annex
Guidelines for technical assistance to combat terrorism
The United Nations Office on Drugs and Crime, in promoting the
implementation of the universal conventions and protocols related to terrorism and
other related forms of crime and acting in areas within its competence and in
coordination with the Counter-Terrorism Committee, should provide technical
assistance in accordance with the following guidelines for technical assistance to
combat terrorism:
(a) Technical assistance to be provided to Member States, at their request,
should be based on an integrated approach addressing the requirements and other
provisions of Security Council resolution 1373 (2001) of 28 September 2001 and all
conventions and protocols relevant to preventing and combating international
terrorism;
(b) Technical assistance should be provided in a comprehensive manner so
as to increase synergies in the delivery of technical cooperation, reflecting both the
links between terrorism and organized crime and the responsibility of the United
Nations Office on Drugs and Crime for programmes to combat terrorism, drug
trafficking, transnational organized crime, money-laundering, corruption and other
related forms of criminal activity. In addition, such assistance should incorporate
elements to ensure respect for human rights, pursuant to Security Council
resolution 1456 (2003) of 20 January 2003;
(c) Technical assistance in fighting terrorism should advocate an approach
based on the rule of law, providing advice to requesting States on measures to be
taken that strike a balance between legitimate security concerns and respect for the
rule of law, including the principles of human rights;
(d) To avoid duplication, technical assistance activities should be provided
in close coordination with the activities of Member States, the Counter-Terrorism
Committee and other international, regional and subregional organizations;
(e) Regional and bilateral obligations and other applicable standards should
also be considered in the provision of technical assistance;
(f) Technical assistance should be responsive to the requests, assessed
needs, circumstances and priorities of the requesting States;
(g) Technical assistance to Member States to become parties to and
implement the relevant conventions and protocols should include activities to build
the capacity of the criminal justice system with regard to investigation, prosecution
and international cooperation and to combat and prevent terrorism and related forms
of crime;
(h) Tools should be developed to help requesting Member States to assess
their needs for technical assistance and to evaluate the effectiveness and impact of
the assistance provided;
(i) Technical assistance should be provided in a manner that recognizes
diverse legal systems and traditions while promoting the highest degree of
international cooperation;
(j) Technical assistance should be provided in a timely and cost-effective
manner;
(k) New initiatives in and methods for delivering technical assistance need to
be explored, such as modern online delivery of assistance; encouraging
Governments to include legislative representatives in technical assistance activities;
increased use of partnerships with the United Nations Crime Prevention and
Criminal Justice Programme network of institutes; and mentorships for criminal
justice officials. | [
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472576 | United Nations A/C.1/56/PV.25
General Assembly
Fifty-sixth session
First Committee
25th meeting
Wednesday, 17 July 2002, 10 a.m.
New York
Official Records
This record contains the text of speeches delivered in English and of the interpretation of
speeches delivered in the other languages. Corrections should be submitted to the original
languages only. They should be incorporated in a copy of the record and sent under the signature
of a member of the delegation concerned to the Chief of the Verbatim Reporting Service, room
C-178. Corrections will be issued after the end of the session in a consolidated corrigendum.
02-48263 (E)
*0248263*
Chairman: Mr. Erdös . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Hungary)
In the absence of the Chairman, Mr. De Loecker
(Belgium), Vice-Chairman, took the Chair.
The meeting was called to order at 10.10 a.m.
Election of the Chairman of the First Committee
The Acting Chairman: This meeting has been
convened for the election of the Chairman of the First
Committee for the fifty-seventh session of the General
Assembly, as provided for in paragraph 3 of resolution
56/509, adopted by the Assembly at its 106th meeting,
held on Monday, 8 July 2002.
The election, pursuant to rule 103 of the rules of
procedure of the General Assembly, shall be held by
secret ballot unless the Committee decides otherwise in
an election with only one candidate.
It is my great honour and pleasure to nominate
Ambassador Matia Mulumba Semakula Kiwanuka,
Permanent Representative of Uganda to the United
Nations, the candidate of the African Group of States,
to the post of Chairman of the First Committee for the
fifty-seventh session of the General Assembly.
Ambassador Semakula Kiwanuka has been the
Permanent Representative of Uganda to the United
Nations since 1996. He has led many of his country’s
delegations to United Nations sessions and other
international meetings. Prior to becoming Ambassador,
he was Executive Director of Uganda’s managementtraining institute, the Management Training and
Advisory Centre, which specializes in management
training and consultancy to government, the private
sector and international organizations.
He was educated at the University of Oxford,
where he obtained a postgraduate diploma in
development economics, specializing in the role of
science and technology in development. He holds a
Ph.D. in African history from the University of London
and bachelor honours degrees in history from London
and Makerere Universities. To reinforce his
competence, he undertook post-doctoral specialization
through research workshops in science and technology
at the Universities of Cambridge, Sussex, Reading and
Strathclyde in the United Kingdom.
As Ambassador, he came to the United Nations
with substantial knowledge and experience of the
United Nations system. From 1985 to 1987, he worked
with the United Nations Environment Programme;
from 1988 to 1990, with the United Nations
Development Programme (UNDP) in Uganda as
Counterpart Chief Technical Adviser and Director of
Planning and Project Coordinator for a UNDP project
in capacity-building and institutional strengthening at
Makarere University. Between 1990 and 1996, he
worked extensively in AIDS education awareness
programmes. He was also presidential adviser on
reconstruction and rehabilitation from 1979 to 1980.
He was responsible for aid coordination between the
Government of Uganda and international agencies,
especially the World Food Programme, the United
States Agency for International Development and the
European Economic Community. From 1965 to 1984,
Ambassador Semakula Kiwanuka was active as a
university lecturer, researcher and administrator. He
published five books and more than 40 articles and
reviews in the fields of history, science and technology,
economic development, management training, and so
forth.
Since there are no other nominations, may I take
it that, in accordance with rule 103 of the rules of
procedure and established practice, the First Committee
wishes to dispense with the secret ballot and to declare
Ambassador Matia Mulumba Semakula Kiwanuka of
Uganda elected Chairman of the First Committee for
the fifty-seventh session of the General Assembly by
acclamation?
It was so decided.
The Acting Chairman: I would like, on behalf of
the Committee and on my own account, to express our
sincere and warm congratulations to Ambassador
Semakula Kiwanuka on his election as Chairman of the
First Committee for the fifty-seventh session. I am
certain that, with his profound experience and
knowledge, he will skilfully conduct the proceedings of
the First Committee and will make a valuable
contribution to the work of the Committee.
The meeting rose at 10.15 a.m. | [
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546963 | UNITED
NATIONS E
Economic and Social
Council
Distr.
GENERAL
E/CN.4/2005/G/44
22 April 2005
Original: ENGLISH
COMMISSION ON HUMAN RIGHTS
Sixty-first session
Agenda item 3
ORGANIZATION OF THE WORK OF THE SESSION
Note verbale dated 20 April 2005 from the Permanent Mission of Sri Lanka
to the United Nations Office at Geneva
addressed to the Secretariat of the Commission on Human Rights
The Permanent Mission of the Democratic Socialist Republic of Sri Lanka to the
United Nations Office at Geneva and other International Organizations in Switzerland
presents its compliments to the Secretariat of the Commission on Human Rights and wishes to
refer to the several written statements circulated by Asian Legal Resource Centre under
various agenda items.
The Permanent Mission of Sri Lanka wishes to attach herewith the observations of the
Government of Sri Lanka on the contents of the above-mentioned written statements.
The Permanent Mission of Sri Lanka requests the Secretariat of the Commission on
Human Rights to circulate the observations of the Government of Sri Lanka* as an official
document of the Commission on Human Rights under agenda item3. | [
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543866 | United Nations A/BUR/59/SR.1
General Assembly
Fifty-ninth session
Official Records
Distr.: General
19 October 2004
Original: English
This record is subject to correction. Corrections should be sent under the signature of a member
of the delegation concerned within one week of the date of publication to the Chief of the
Official Records Editing Section, room DC2-750, 2 United Nations Plaza, and incorporated in a
copy of the record.
Corrections will be issued after the end of the session, in a separate corrigendum for each
Committee.
04-51047 (E)
*0451047*
General Committee
Summary record of the 1st meeting
Held at Headquarters, New York, on Wednesday, 15 September 2004, at 10 a.m.
Chairman: Mr. Ping (President of the General Assembly) ........................ (Gabon)
Contents
Organization of the fifty-ninth regular session of the General Assembly, adoption of
the agenda and allocation of items
The meeting was called to order at 10.20 a.m.
Organization of the fifty-ninth regular session of the
General Assembly, adoption of the agenda and
allocation of items (A/BUR/59/1 and A/59/355)
1. The Chairman drew the Committee’s attention
to the memorandum by the Secretary-General
regarding the organization of the fifty-ninth regular
session of the General Assembly, adoption of the
agenda and allocation of items (A/BUR/59/1) and to a
letter from the President of the fifty-eighth session of
the General Assembly addressed to the President of the
fifty-ninth session of the Assembly (A/59/355), in
which the President of the fifty-eighth session drew
attention to section II of and annex I to the report of
the Secretary-General on the revitalization of the work
of the General Assembly (A/58/864), which the
Assembly had decided to submit for consideration at
the fifty-ninth session.
Memorandum by the Secretary-General (A/BUR/59/1)
Section II: Organization of the session
2. The Committee took note of all the relevant
information contained in section II of the
memorandum. It decided to draw to the attention of the
General Assembly all the necessary information and to
recommend to the General Assembly that it should take
action on all the proposals contained in that section.
3. The Committee also decided to recommend to the
General Assembly that it should take note of the
information contained in paragraph 17 of the
memorandum.
Section III: Observations on the organization of
the work of the General Assembly
4. The Committee decided to bring to the attention
of the General Assembly all the information contained
in section III of the memorandum.
Section IV: Adoption of the agenda
5. The Chairman informed the Committee that, in
accordance with paragraph 2 (a) of the annex to
General Assembly resolution 58/316, the draft agenda
was now organized under headings corresponding to
the priorities of the Organization, as contained in the
medium-term plan for the period 2002-2005. The draft
agenda contained in paragraph 54 of the memorandum
was composed of all the items on the provisional
agenda as contained in section II of the report of the
Secretary-General on the revitalization of the work of
the General Assembly (A/58/864) and as submitted by
the President of the fifty-eighth session of the General
Assembly in document A/59/355, as well as items 17
(j), 159, 160 and 161. It also contained five new items,
namely, items 153, 154, 159, 160 and 161.
6. The Committee decided to take note of the
information contained in paragraphs 48 to 53 of the
memorandum.
7. The Chairman said that the representative of
Egypt had asked to participate in the discussion. Rule
43 of the rules of procedure did not apply. He took it
that the Committee wished to accede to that request.
8. It was so decided.
9. At the invitation of the Chairman, Mr. Elnaggar
(Egypt) took a place at the Committee table.
10. Mr. Elnaggar (Egypt) asked whether the
Committee intended to discuss the new format of the
draft agenda at the current meeting or at a later date in
the context of the revitalization of the work of the
General Assembly. In accordance with section B,
paragraph 2 (c) of the annex to General Assembly
resolution 58/316, the Committee should consult with
Member States before making recommendations to the
fifty-ninth session of the General Assembly concerning
the placement of agenda items under the new headings
but, to his knowledge, no such consultations had taken
place.
11. Ms. Anguiano Rodríguez (Mexico) endorsed the
remarks made by the representative of Egypt.
12. Mr. Bouheddou (Algeria) endorsed the remarks
made by the representative of Egypt. He had been
under the impression that the restructuring of the
agenda was still under discussion and took the view
that the Committee should further consider the issue in
the context of its forthcoming examination of the
revitalization of the work of the General Assembly.
13. Mr. Bennouna (Morocco), supported by
Mr. Balarezo (Peru), said that the draft agenda
contained in the Secretary-General’s memorandum was
merely a proposal and should be the subject of further
discussions. Nevertheless, he suggested that any
specific proposals pertaining to the inclusion of items
should be made immediately, since that particular issue
could not be deferred.
14. It was so decided.
15. Mr. Elnaggar (Egypt) said that he was more than
willing to take part in discussions on the inclusion of
agenda items. However, in the absence of instructions
from Cairo, he would be unable to support any
proposals made until constructive consultations open to
all Member States had taken place.
16. Mr. Elnaggar (Egypt) withdrew.
Inclusion of items
Heading A (Maintenance of international peace and
security)
Item 28 (Question of the Comorian island of Mayotte)
17. The Committee decided to postpone its
consideration of the inclusion of item 28 to a later
date.
Item 84 (Question of the Malagasy islands of
Glorieuses, Juan de Nova, Europa and Bassas de India)
18. Mr. Oubida (Burkina Faso), supported by Mr.
Cools (Belgium), said that, following consultations
with the representatives of France and Madagascar and
without prejudice to the positions of those two
countries, his delegation wished to propose that the
Committee should recommend to the General
Assembly, that consideration of item 84 should be
deferred to the sixtieth session of the General
Assembly.
19. It was so decided.
20. The Committee decided to recommend to the
General Assembly the inclusion of the items listed
under heading A, taking into account the decisions
taken in respect of items 28 and 84.
Heading B (Promotion of sustained economic growth
and sustainable development in accordance with the
resolutions of the General Assembly and recent United
Nations conferences)
21. The Committee decided to recommend to the
General Assembly the inclusion of the items listed
under heading B.
Heading C (Development of Africa)
22. The Committee decided to recommend to the
General Assembly the inclusion of the items listed
under heading C.
Heading D (Promotion of human rights)
23. The Committee decided to recommend to the
General Assembly the inclusion of the items listed
under heading D.
Heading E (Effective coordination of humanitarian
assistance efforts)
24. The Committee decided to recommend to the
General Assembly the inclusion of the items listed
under heading E.
Heading F (Promotion of justice and international law)
25. The Chairman said that the representative of
Costa Rica had asked to participate in the discussion.
Rule 43 of the rules of procedure did not apply. He
took it that the Committee wished to accede to that
request.
26. It was so decided.
27. At the invitation of the Chairman, Mr. Díaz
Paniagua (Costa Rica) took a place at the Committee
table.
28. Mr. Díaz Paniagua (Costa Rica) proposed that
item 152 (International convention against the
reproductive cloning of human beings) should be
included under heading F rather than under heading I.
29. It was so decided.
30. Mr. Díaz Paniagua (Costa Rica) withdrew.
31. The Committee decided to recommend to the
General Assembly the inclusion of the items listed
under heading F, taking into account the decision taken
in respect of item 152.
Heading G (Disarmament)
32. The Committee decided to recommend to the
General Assembly the inclusion of the items listed
under heading G.
Heading H (Drug control, crime prevention and
combating international terrorism in all its forms and
manifestations)
33. The Committee decided to recommend to the
General Assembly the inclusion of the items listed
under heading H
Heading I (Organizational, administrative and other
matters)
Item 153 (Observer status for the Shanghai
Cooperation Organization in the General Assembly)
34. Mr. Wang Guangya (China), speaking on behalf
of the States members of the Shanghai Cooperation
Organization (SCO), namely, Kazakhstan, Kyrgyzstan,
the Russian Federation, Tajikistan and Uzbekistan, said
that SCO had been established in Shanghai on 15 June
2001. It was an intergovernmental body dedicated to
regional development and the maintenance of peace
and security and its activities fully accorded with the
purposes and principles of the Charter of the United
Nations. It stood ready to engage in constructive
dialogue with the United Nations on issues of mutual
interest and, in that connection, the granting of
observer status would enable it to pursue closer
cooperation with the Organization. He drew attention
to document A/59/141, in which members of the
Committee could find more detailed information about
SCO and its work.
35. Mr. Vohidov (Uzbekistan) said that his
delegation supported the inclusion in the agenda of
item 153. Granting the SCO observer status would
ensure its effective contribution to security and
stability, not only in its territorial area, but throughout
the world. Strengthening cooperation between the
Organization and regional organizations would help
counteract current threats and challenges in the area of
security, as well as in the areas of stability and
development. He recalled that in the declaration issued
following their summit meeting in Tashkent, held in
June 2004, the Heads of State of the members of SCO
had stressed their readiness to participate in the
construction of a new security architecture, as well as
the importance of their interaction with the United
Nations.
36. Mr. Kazykhanov (Kazakhstan) said that his
delegation fully supported the statements made by the
representatives of China and Uzbekistan. Kazakhstan
attached great importance to the strengthening of ties
between the United Nations and SCO, which was open
to cooperation with other countries and international
organizations in the political, commercial, economic,
humanitarian and scientific spheres, in accordance with
the purposes and principles of the Charter of the United
Nations and of international law.
37. The Chairman said that the representatives of
Kyrgyzstan and Tajikistan had asked to participate in
the discussion of item 153 in accordance with rule 43
of the rules of procedure.
38. At the invitation of the Chairman, Mr.
Moldogaziev (Kyrgyzstan) and Mr. Nazarov
(Tajikistan) took places at the Committee table.
39. Mr. Nazarov (Tajikistan) said that his delegation
also supported the proposal to include item 153 in the
agenda. Over the years, the United Nations had stepped
up its efforts to forge partnerships with regional
organizations in order to achieve the common
objectives of peace, security and development.
Granting observer status to SCO would not only
expand the Organization’s geographical area of
cooperation but also enhance efforts for the
maintenance of international peace and security.
40. Mr. Moldogaziev (Kyrgyzstan), expressing
support for the proposal of the representative of China,
noted that the main purposes of SCO were to
strengthen mutual trust and friendship among member
States and to develop their effective cooperation in the
political, economic, commercial and other spheres. In
the field of security, SCO focused on combating
terrorism, separatism and extremism, and had recently
established a permanent secretariat and a regional antiterrorist structure.
41. Mr. Moldogaziev (Kyrgyzstan) and Mr. Nazarov
(Tajikistan) withdrew.
42. Mr. Konuzin (Russian Federation) said that his
delegation supported China’s proposal. The request for
observer status for SCO was motivated by the desire to
establish close and effective ties of cooperation with
the United Nations. Granting the request would allow
for a genuine strengthening of the interaction of the
United Nations with regional organizations and
enhance the opportunities for maintaining international
peace and security.
43. The Committee decided to recommend that the
General Assembly should include item 153 under
Heading I of the agenda of the fifty-ninth session.
Item 154 (Observer status for the Southern African
development community in the General Assembly)
44. The Chairman said that the representative of the
United Republic of Tanzania had asked to participate in
the discussion of item 154 in accordance with rule 43
of the rules of procedure.
45. At the invitation of the Chairman, Mr. Mahiga
(United Republic of Tanzania) took a place at the
Committee table.
46. Mr. Mahiga (United Republic of Tanzania),
speaking on behalf of Angola, Botswana, Democratic
Republic of the Congo, Lesotho, Malawi, Mauritius,
Mozambique, Namibia, South Africa, Swaziland,
Zambia and Zimbabwe, introduced their request for the
inclusion of item 154 in the agenda of the General
Assembly. The programme of action of the Southern
African Development Community (SADC) was
compatible with that of the United Nations in the areas
of peace and security, democracy, gender, science and
technology and regional integration in general. If the
SADC were to be granted observer status, the two
institutions would be able to share information at the
regional level on the implementation of various United
Nations programmes. Moreover, the SADC subregional
arrangements for cooperation constituted regional
building blocks for international peace and security.
Observer status in the General Assembly would
enhance the partnership between the two organizations.
47. Mr. Mahiga (United Republic of Tanzania)
withdrew.
48. The Committee decided to recommend that the
General Assembly should include item 154 under
Heading I of the agenda of the fifty-ninth session.
Item 159 (Question of the representation of the twentythree million people of Taiwan in the United Nations)
49. The Chairman said that the inclusion of item
159 had been requested in document A/59/194. The
representative of the Gambia had asked to address the
Committee on the matter under rule 43 of the rules of
procedure.
50. At the invitation of the Chairman, Mr. GreyJohnson (Gambia) took a place at the Committee table.
51. Mr. Grey-Johnson (Gambia), speaking on behalf
of Belize, Burkina Faso, Chad, Grenada, Malawi, the
Marshall Islands, Nicaragua, Palau, Saint Kitts and
Nevis, Saint Vincent and the Grenadines, Senegal,
Solomon Islands, Swaziland and Tuvalu, said that the
request for the inclusion of item 159 in the agenda of
the fifty-ninth session had been submitted. Pursuant to
rule 14 of the rules of procedure of the General
Assembly in a letter circulated in document A/59/194,
along with an explanatory memorandum (annex I) and
a draft resolution (annex II). The Committee faced yet
another opportunity to revisit the burning question of
the representation of the 23 million people of Taiwan,
whose exclusion from the United Nations represented a
moral and political indictment of all Member States.
General Assembly resolution 2758 (XXVI) did not
state that the People’s Republic of China represented
China at the United Nations, or that Taiwan could not
be admitted into the United Nations, where the
Taiwanese people currently had no representation.
52. In an era of threats and new challenges to the
international system, to leave out any nation was
foolhardy and counterproductive, especially at a time
when States were eager to tighten cooperation in all
areas and strengthen global governance. The fact that
Taiwan was a sovereign nation could not be disputed.
All nations of the world, including Taiwan’s main
detractor, conducted trade and other exchanges with
Taiwan as a sovereign entity. Taiwan continued to
make invaluable contributions to the global economy,
and was emerging as a potentially strong power broker
in East Asia, where its record as a functioning
democracy and a champion of human rights stood out
among those of its peers. Taiwan’s ranking as the
world’s 17th-largest economy was a remarkable feat, in
view of the political isolation it had been forced to
endure, and showed that Taiwan was more than ready
to play its full part in global affairs. Taiwan had also
shown its readiness to assume humanitarian
responsibilities.
53. It was particularly impressive that Taiwan
continued to be committed to the purposes and
principles of the Charter of the United Nations,
perceiving itself as a responsible and integral member
of the international community. No unilateral policy on
Taiwan’s sovereignty could be implemented through
the threat or use of force, which were illegal under the
Charter. Events in the Taiwan Straits should elicit a
response from the United Nations. Cross-strait talks
aimed at achieving lasting peace and stability remained
the legitimate goal of the peace-loving people of
Taiwan and should also be the goal of every peaceloving neighbour in that region and beyond. The
United Nations could not ignore the legitimate
aspirations of the people of Taiwan and expect to
achieve the purposes of the Organization. The
Committee had the chance to set in motion a process
that should lead to the rectification of one of history’s
great injustices — the exclusion of Taiwan from the
United Nations.
54. Mr. Grey-Johnson (Gambia) withdrew.
55. The Chairman said that a number of nonmember sponsors had asked to participate in the
discussion of item 159, in accordance with rule 43 of
the rules of procedure. In addition, there were a
number of non-member non-sponsors who had asked to
participate. He took it that the Committee agreed to
waive rule 43 of the rules of procedure.
56. It was so decided.
57. At the invitation of the Chairman, Mr. Mayoral
(Argentina), Mr. Taranda (Belarus), Mr. Leslie (Belize),
Mr. Nkingiye (Burundi), Mr. Sambath (Cambodia),
Mr. Laotegguelnodji (Chad), Mr. López Clemente
(Cuba), Mr. Mavroyiannis (Cyprus), Mr. Kim Chang Guk
(Democratic People’s Republic of Korea), Mr. Ileka
(Democratic Republic of the Congo), Mr. Elnagger
(Egypt), Mr. Avomo (Equatorial Guinea), Ms. Talbot
(Guyana), Mr. Flores Callejas (Honduras), Mr. Neil
(Jamaica), Mr. Vixay (Lao People’s Democratic
Republic), Mr Chiphamba (Malawi), Mr. Capelle
(Marshall Islands), Mr. Gal (Mongolia), Mr. Chidumo
(Mozambique), Mr. Wali (Nigeria), Mr. S. Beck (Palau),
Mr. Buffa (Paraguay), Mr. Richardson (Saint Kitts and
Nevis), Mr. Ferreira (Sao Tome and Principe), Mr. Badji
(Senegal), Mr. Davies (Sierra Leone), Mr. C. Beck
(Solomon Islands), Mr. Ferrari (Saint Vincent and the
Grenadines), Mr. Oyarzun (Spain), Mr. Limon
(Suriname), Mr. Nhleko (Swaziland), Mr. Nazarov
(Tajikistan), Mr. Koubaa (Tunisia), Ms. Ataeva
(Turkmenistan), Mr. Taupo (Tuvalu), Mr. Wagaba
(Uganda), and Mr. Nuñez de Odreman (Venezuela) took
places at the Committee table.
58. Mr. Wang Guangya (China) said that his
delegation was strongly opposed to the inclusion of
item 159 in the agenda of the fifty-ninth session. A
small number of countries had once again raised the
issue, with the aim of crating “two Chinas” or “one
China, one Taiwan” in the Organization. That intention
was clearly contrary to the purposes and principles of
the Charter of the United Nations and General
Assembly resolution 2758 (XXVI), as well as a brazen
challenge to the “one-China” principle widely
recognized by the international community. His
Government and the Chinese people strongly opposed
that gross encroachment on China’s internal affairs.
59. Taiwan had been an inseparable part of China’s
territory since ancient times. Both the 1943 Cairo
Declaration and the 1945 Potsdam Proclamation had
unequivocally reaffirmed China’s sovereignty over
Taiwan as a matter of international law. There was but
one China in the world, and his Government was the
sole legal Government representing the whole of
China. A total of 160 countries had diplomatic relations
with China. All recognized the “one-China” principle
and all recognized that Taiwan was a part of China.
Moreover, General Assembly resolution 2758 (XXVI)
recognized that the representatives of his Government
were the only legitimate representatives of China to the
United Nations. Since Taiwan was a part of China,
China’s representation at the United Nations naturally
included Taiwan. The so-called issue of “Taiwan’s
representation in the United Nations” therefore did not
exist. Since 1993, the Committee had always refused to
recommend the inclusion of that so-called issue in the
agenda of the General Assembly, thereby
demonstrating the determination of the vast majority of
Member States to uphold the Charter of the United
Nations.
60. The question of Taiwan was a purely internal
matter for China. His Government’s position on the
question was firm and clear. Adherence to the “oneChina” principle was the basis for the development of
cross-Strait relations and the realization of peaceful
reunification. China was resolutely determined and was
fully capable of blocking any attempt to separate
Taiwan from China. Respect for State sovereignty and
territorial integrity and non-interference in countries’
internal affairs were important principles of the Charter
of the United Nations, and China appreciated the just
position adopted by the vast majority of Member
States.
61. Mr. Laotegguelnodji (Chad) said that his
delegation supported the statement of the
representative of the Gambia. The Republic of China
on Taiwan had been one of the founding members of
the United Nations. General Assembly resolution
2758 (XXVI) had never established the jurisdiction of
the People’s Republic of China over the Republic of
China on Taiwan. Some 30 Member States had
established diplomatic relations with Taiwan and over
100 other Member States, had economic, commercial
and cultural ties with Taiwan. The People’s Republic of
China itself benefited from growing investments by
Taiwan, and both countries had been admitted to the
World Trade Organization (WTO) in 2002. It was
therefore his hope that the fifty-ninth session of the
General Assembly would respond to the legitimate
request that Taiwan should once again become a full
member of the Organization.
62. Mr. Kim Chang Guk (Democratic People’s
Republic of Korea) said that Taiwan was an
inseparable part of the People’s Republic of China, as
confirmed in General Assembly resolution
2758 (XXVI). History had shown that the artificial
division of nations caused suffering to the people and
political instability. The Taiwan issue was an internal
matter for China to resolve, and the United Nations
should not be used to legalize “two Chinas”. His
delegation was therefore opposed to the inclusion of
item 159 in the agenda.
63. Mr. Kazykhanov (Kazakhstan) said that his
delegation fully supported the Government of the
People’s Republic of China in its determination to
safeguard its sovereignty and territorial integrity, and
was therefore opposed to the inclusion of item 159.
The Government of the People’s Republic of China
was the sole legitimate representative of the people of
China and Taiwan was an inseparable part of China’s
territory. The adoption of General Assembly resolution
2758 (XXVI) had already resolved the issue, in
political, legal and procedural terms.
64. Mr. Elnaggar (Egypt) said that his Government
had been first among Arab, African and Middle Eastern
States to recognize the People’s Republic of China as
the sole legitimate representative of the Chinese
people. Taiwan was an inseparable part of China. He
expressed the hope that one day the Chinese people
would be united under the Government of the People’s
Republic of China. General Assembly resolution 2758
(XXVI) had definitively resolved the issue of
representation of the Chinese people at the United
Nations. Accordingly, his delegation did not accept the
inclusion of the item on the agenda.
65. Mr. C. Beck (Solomon Islands) said that the
Republic of China on Taiwan had met all the
requirements to qualify as a sovereign State under the
Charter and international law. Such global threats as
severe acute respiratory syndrome (SARS) and
HIV/AIDS underscored the need for the involvement
and close cooperation of all States. Taiwan had made
considerable economic and political progress and
should serve as a model from which to learn. Its
reinstatement as a Member State would help to take the
multilateral process to a new level and contribute to the
revitalization of the Organization. His delegation was
therefore in favour of including the item in the agenda.
66. Mr. Vohidov (Uzbekistan) said that his
delegation firmly believed that the Government of the
People’s Republic of China was the sole legitimate
representative of the Chinese people and fully
supported all the provisions of General Assembly
resolution 2758 (XXVI). He therefore rejected the idea
of including the item on the agenda.
67. Mr. Nhleko (Swaziland) said that the United
Nations could not afford to fail the people of the
Republic of China on Taiwan in their desire to be
represented in the affairs of the Organization. The
people of Taiwan believed in their inalienable right to
determine their future, free from coercion, and in their
right to membership in the United Nations. They had
demonstrated a wish to be responsible members of the
international community and cooperate with other
nations in providing assistance and supporting
sustainable development. Including the item in the
agenda was in no way a frivolous attempt to create two
Chinas or interfere in the internal affairs of the
People’s Republic of China. Since 1949, the two sides
on the Taiwan Straits had been governed as separate
entities. It was in the interest of the People’s Republic
of China to accept Taiwan as a friendly neighbour and
move towards peaceful coexistence.
68. Mr. S. Beck (Palau) said that Taiwan, a modern
democracy with a powerful economy, was too
important to be marginalized and excluded from
decision-making in the international community. Its
involvement in such areas of international cooperation
as health protection and air safety was crucial. The
United Nations could no longer ignore its presence or
deny it representation. In keeping with the Charter,
Member States should not deny the people of Taiwan
the same right to self-determination that had been
afforded his own country and had led to its
independence.
69. Mr. Chidumo (Mozambique) said that there was
only one China and Taiwan had been part of the
People’s Republic of China since antiquity. Both the
1943 Cairo Declaration and the 1945 Potsdam
Proclamation had affirmed China’s sovereignty over
Taiwan under international law. General Assembly
resolution 2758 (XXVI), adopted by an overwhelming
majority, had resolved the issue of China’s
representation in the United Nations in political, legal
and procedural terms. The annual attempts to challenge
the validity of resolution 2758 (XXVI) were an attack
on the credibility of the United Nations. He was
opposed to inclusion of the item.
70. Ms. Ferrari (Saint Vincent and the Grenadines)
said that her delegation supported the return of Taiwan
to its rightful place as a Member of the Organization. It
was encouraging that relatively small and, some would
say, unimportant States could bring the issue of
Taiwan’s lack of representation to the attention of the
international community. The repeated mention of “one
China” and General Assembly resolution 2758 (XXVI)
gave the false impression that the matter had been
resolved. If that were the case, however, she failed to
understand why weapons had been deployed on one
side of the Taiwan Strait and pointed in one direction.
Her Government maintained excellent relations with
the People’s Republic of China and wished to play an
active role to promote dialogue and cooperation
between the People’s Republic of China and Taiwan so
that the critical situation could be resolved in the
interest of peace and security
71. Mr. Ferreira (Sao Tome and Principe) said that
General Assembly resolution 2758 (XXVI) had not
resolved the issue of representation of the people of
Taiwan at the United Nations. The denial of the right to
international representation contravened the principle
of universality under the Charter. The principle of one
China only created tensions and should not be applied
against the will of the people of Taiwan. His delegation
suggested that the United Nations should organize a
referendum of the people of Taiwan on whether they
supported a policy of one China, two systems. The
Republic of China on Taiwan should be brought into
the Organization given that it met all the requirements
for membership.
72. Mr. Castellon (Nicaragua) said that the principle
of universality was the cornerstone of the international
system established by the Charter of the United
Nations, under Article 4 of which membership in the
United Nations was open to all peace-loving States.
Taiwan was a State that met all the requirements under
international law, as it was neither a colony nor a
province or territory of another State. The 1943 Cairo
Declaration and the 1945 Potsdam Proclamation had
been issued without the participation of representatives
of Taiwan or of the People’s Republic of China, and
had been aimed at achieving peaceful coexistence
between the hegemonistic Powers of that era. The 23
million people of Taiwan were requesting the right to
representation in the United Nations under the
principle of universality enshrined in the Charter.
General Assembly resolution 2758 (XXVI) had
provided for the admission of the People’s Republic of
China to the United Nations, but had not addressed the
question of the representation of Taiwan, and had been
improperly used to justify its exclusion. Therefore, his
delegation supported the inclusion of the item in the
agenda of the fifty-ninth session.
73. Mr. Vixay (Lao People’s Democratic Republic)
reiterated his delegation’s well-known position on the
matter. There was only one China, of which Taiwan
was an inseparable part, and the Government of the
People’s Republic of China was the only legitimate
Government representing China and its people. As
General Assembly resolution 2758 (XXVI) had settled
the question, his delegation opposed the inclusion of
the item.
74. Mr. Buffa (Paraguay) said that his Government’s
position on the question of the representation of the
23 million people of Taiwan in the United Nations was
contained in a letter to the Secretary-General which
had been circulated as document A/59/322. His
Government maintained full diplomatic, commercial
and cultural relations with the Republic of China
(Taiwan) and respected the progress it had made,
especially in the economic and commercial sphere. In
view of the principle of universality enshrined in the
Charter, it believed that the international community
must consider the proposal in question, as it would for
any other State which met the requirements laid down
in the Charter. In line with that policy, Paraguay had
supported the admission to WTO of both the People’s
Republic of China and the Republic of China (Taiwan).
Therefore, it supported the inclusion of the item.
75. Mr. Badji (Senegal) said that support for the
inclusion of the item in the agenda was a genuine act of
faith rooted in dedication to the principles of solidarity,
tolerance and justice. The sovereignty of Taiwan
should not be called into question and its isolation was
unacceptable. The Republic of China on Taiwan was a
founding Member of the United Nations; it enjoyed
solid State institutions; played an active role in
promoting fraternal relations in the international
community; and was actively engaged in development
programmes. His delegation supported all peaceful
efforts to advance the reunification process, but that
must be achieved only with the consent of all people
concerned.
76. Mr. Oyarzun (Spain) said that inclusion of the
question of Taiwan on the agenda was not timely.
77. Mr. Neil (Jamaica) said that Member States
should avoid actions that undermined the principles of
territorial integrity, sovereignty and non-interference in
the internal affairs of States. General Assembly
resolution 2758 (XXVI) had resolved the issue of the
representation of China at the United Nations and made
clear that the People’s Republic of China was the sole
legitimate and recognized representative of the people
of China. His Government was therefore opposed to
the inclusion of the item in the agenda.
78. Mr. Taupo (Tuvalu) said that the humble and
reasonable request to include the item in the agenda
reflected the principle of universality and the need for
the international community to cooperate to meet
global challenges. Taiwan had demonstrated its good
will on the international scene over such issues as
health. It was a model for the international community
of a State striving to maintain its existence as a
democracy.
79. Mr. Tun (Myanmar) said that there was only one
China, which was represented by the People’s Republic
of China, and Taiwan was an integral part of it.
Bearing in mind the principle of non-interference in the
internal affairs of sovereign States, his delegation
viewed the item as a flagrant violation of the purposes
and principles of the Charter. General Assembly
resolution 2758 (XXVI) had settled the question of
representation. His delegation therefore fully supported
the position of the People’s Republic of China and
opposed the inclusion of the item.
80. Mr. Chimphamba (Malawi) said that Taiwan’s
exclusion from the United Nations called into question
the principle of universality and violated the Universal
Declaration of Human Rights. General Assembly
resolution 2758 (XXVI) had never designated Taiwan
as part of the People’s Republic of China. His
Government would respect any peaceful agreement
between the People’s Republic of China and Taiwan
based on justice, fairness and mutual respect. However,
as a democracy with 23 million people and a vibrant
economy, Taiwan should be able to participate in the
work of the United Nations and its agencies. The
General Assembly should therefore give urgent
consideration to the issue of Taiwan’s restoration to the
Organization’s membership.
81. Mr. López Clemente (Cuba) said the proposal to
include item 159 was inconsistent with the relevant
resolutions adopted by the General Assembly,
including resolution 2758 (XXVI), which provided a
political, legal and procedural solution that was both
just and definitive. Thirty-three years earlier, the
representatives of Taiwan had been expelled from the
United Nations and all its associated organizations. His
Government’s position remained unchanged. There was
only one China, and the letter and spirit of General
Assembly resolution 2758 (XXVI) must be upheld. His
delegation therefore opposed the inclusion of the item.
82. Mr. Sambath (Cambodia) said that the question
of Taiwan was a purely internal matter that must be
dealt with by the people of China themselves through
peaceful means. His Government therefore firmly
supported a “one-China” policy and opposed any effort
to review General Assembly resolution 2758 (XXVI)
and to include the item in the agenda.
83. Mr. Capelle (Marshall Islands) said that his
Government favoured the inclusion of item 159 and
reiterated its full support for the ongoing quest of the
people of Taiwan to participate in the United Nations.
Taiwan was a peace-loving, representative, democratic,
sovereign State, committed to human rights and
prepared to carry out its obligations under the Charter
of the United Nations, and was an active, constructive
member of the international community. It had
achieved internationally recognized progress in both
economic and social development and had long been
willing to share its prosperity through various forms of
international development assistance and humanitarian
aid. The democratically elected Government of Taiwan
was the sole legitimate representative of the people of
Taiwan at the United Nations. His Government
therefore urged all Member States to put aside their
own political interests and support the inclusion of the
item for the sake of the people of Taiwan.
84. Mr. Mayoral (Argentina) said that his
Government’s position was that item 153 should not be
included in the agenda for the fifty-ninth session, as
General Assembly resolution 2758 (XXVI) had
decided the question in 1971, based on the principle of
sovereignty and territorial integrity of States. Argentina
had full relations with the People’s Republic of China,
of which Taiwan was an inalienable part. It therefore
rejected all attempts by Taiwan to join the United
Nations as a separate entity.
85. Mr. Arrouchi (Morocco) said that his delegation
also agreed that General Assembly resolution 2758
(XXVI) had settled the matter on the political, legal
and procedural levels. No new information had been
received that justified reopening the discussion; his
delegation therefore opposed inclusion of the item.
86. Mr. Flores Callejas (Honduras) said that the
spread of such pandemic diseases as HIV/AIDS, SARS
and malaria called for the cooperation and involvement
of humanity as a whole to combat them effectively.
The recent expansion in the membership of the WTO,
which had enabled both the People’s Republic of China
and Taiwan to participate in its work, gave reason to
hope for even broader cooperation between those two
nations. In that spirit, his delegation hoped that it
would be possible to continue the consideration of the
matter in question.
87. Ms. Ataeva (Turkmenistan) said that, in the view
of her delegation, General Assembly resolution 2758
(XXVI) had settled the question of the representation
of China in the United Nations. Therefore, the
Committee should decide not to recommend inclusion
of the item in the agenda.
88. Mr. Aliyev (Azerbaijan) said that his delegation
also supported the “one-China” policy. In accordance
with the principle of territorial integrity, his
Government viewed the question of Taiwan as an
internal matter to be resolved within the People’s
Republic of China, and therefore, opposed inclusion of
the item in the agenda.
89. Mr. Nkingiye (Burundi) said that his
Government recognized one China, the People’s
Republic of China, of which Taiwan was an integral
part; therefore, it opposed inclusion of the item.
90. Mr. Koubaa (Tunisia) said that in the view of his
delegation, the question of the representation of China
had been settled by the adoption of General Assembly
resolution 2758 (XXVI).
91. Mr. Mekdad (Syrian Arab Republic) said that
inclusion of the item in the agenda would be in
violation of the Charter, and any attempt to question
the existence of one China would violate the territorial
integrity of the People’s Republic of China.
92. Mr. Wali (Nigeria) said that to support the
representation of Taiwan in the United Nations would
be to recognize it as a sovereign State, in violation of
General Assembly resolution 2758 (XXVI). The issue
should be resolved on the basis of Articles 3 and 4 of
the Charter. Therefore, his delegation did not support
inclusion of the item.
93. Mr. Oubida (Burkina Faso) called on the
international community to reconsider the situation of
Taiwan. The decision taken by the General Assembly
in 1971 was no longer a valid argument against its
representation, given the progress it had made and the
fact that it met all the conditions for membership in the
Organization. Its admission to WTO in 2002 was a
further indication that the matter should be given due
consideration. Therefore, his delegation supported
inclusion of the item in the agenda of the fifty-ninth
session.
94. Mr. Nazarov (Tajikistan) said that China’s
sovereignty had already been determined in General
Assembly resolution 2758 (XXVI): there was only one
China and Taiwan was a part of it. Therefore, his
delegation opposed inclusion of the item.
95. Mr. Wagaba (Uganda) said that the matter had
already been considered in the General Assembly. His
Government upheld a “one-China” policy; it therefore
opposed inclusion of the item.
96. Mr. Musambachime (Zambia) said that his
delegation reaffirmed its opposition to the inclusion of
the item, but recalled that, at the fifty-eighth session,
the Committee had rejected the recommendation for
inclusion of the item but had urged dialogue on the
matter.
97. Mr. Gal (Mongolia) said that it was the official
position of his Government that General Assembly
resolution 2758 (XXVI) had resolved the question of
the representation of China in the United Nations. His
delegation saw no compelling reason to contradict a
General Assembly decision by including the item in the
agenda.
98. Mr. Limon (Suriname) said that, based on the
principle of sovereignty and territorial integrity, the
People’s Republic of China was the sole legitimate
representative of China. His Government continued to
support a one China policy; it therefore opposed
inclusion of the item in the agenda.
99. Mr. Leslie (Belize) said that in the view of his
delegation, the matter of the representation of China
had not been resolved by General Assembly resolution
2758 (XXVI). A delicate balance must be struck
between the principles of universality and sovereignty
on the one hand and the fundamental human rights of
the 23 million people of Taiwan on the other. His
delegation, therefore, supported the representation of
Taiwan in the United Nations and the inclusion of the
item in the agenda.
100. Mr. Davies (Sierra Leone) said that his
delegation maintained its position that Taiwan had
been an integral part of China since ancient times.
International legal instruments could not be ignored,
and therefore it opposed any attempt to divide China.
101. Mr. Avomo (Equatorial Guinea) said that it was
the position of his Government that there was no
justification for consideration of the item since the
matter of the representation of China had been resolved
by General Assembly resolution 2758 (XXVI).
102. Ms. Anguiano Rodríguez (Mexico) said that,
because of its support for the sovereignty and
territorial integrity of China as expressed in General
Assembly resolution 2758 (XXVI), her delegation
opposed inclusion of the item.
103. Mr. Talbot (Guyana) said that, in accordance
with his Government’s one-China policy, Taiwan was
an integral part of China. Therefore, his delegation
opposed inclusion of the item.
104. Mr. Mavroyiannis (Cyprus) said that his country
had suffered division, and he would not want to see the
same fate befall the people of China. Therefore, it
supported a one-China policy, in accordance with the
Charter, and opposed inclusion of the item.
105. Mr. Ileka (Democratic Republic of the Congo)
said that his Government recognized the Government
of the People’s Republic of China as the only
legitimate Government of China, and thus opposed the
attempt to include the item in the agenda.
106. Mr. Benmehidi (Algeria) said that Algeria had
full relations with the People’s Republic of China and
considered that the question of its representation had
been resolved in General Assembly resolution 2758
(XXVI). It therefore opposed the inclusion of the item.
107. Mr. Taranda (Belarus) said that his delegation
supported the territorial integrity of China as described
in General Assembly resolution 2758 (XXVI), and
therefore did not support inclusion of the item.
108. Mr. Richardson (Saint Kitts and Nevis) said that
the question before the Committee had been discussed
many times in the past without being resolved. It was
clear to his delegation that Taiwan did not see itself as
part of China, and several other countries agreed with
that view. The international community owed it to the
people of Taiwan to listen to them. His delegation
therefore supported inclusion of the item in the agenda.
109. Ms. Nuñez de Odreman (Venezuela) said that it
was the view of her delegation that the item should not
be included in the agenda because it violated the
principle of sovereignty and non-interference in the
internal affairs of States.
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510124 | United Nations S/2003/1172
Security Council Distr.: General
15 December 2003
Original: English
03-65775 (E) 020104 311203
*0365775*
Letter dated 4 December 2003 from the Chairman of the Security
Council Committee established pursuant to resolution 1373 (2001)
concerning counter-terrorism addressed to the President of the
Security Council
I write with reference to my letter of 6 June 2003 (S/2003/627).
The Counter-Terrorism Committee has received the attached third report from
Jordan submitted pursuant to paragraph 6 of resolution 1373 (2001) (see annex).
I would be grateful if you could arrange for the present letter and its annex to
be circulated as a document of the Security Council.
(Signed) Inocencio F. Arias
Chairman
Security Council Committee established pursuant to
resolution 1373 (2001) concerning counter-terrorism
Annex
Letter dated 3 December 2003 from the Permanent Representative
of Jordan to theUnited Nations addressed to the Chairman of the
Counter-Terrorism Committee
With regard to your letter dated 30 May 2003, I have the honour to forward to
you Jordan’s second supplementary report pursuant to paragraph 6 of Security
Council resolution 1373 (2001) (see enclosure). I hope that the said report will
answer the Committee’s comments/questions.
(Signed) Zeid Ra’ad Zeid Al-Hussein
Ambassador
Permanent Representative
Enclosure
[Original: Arabic]
Second supplementary report of the Hashemite Kingdom of
Jordan submitted to the Counter-Terrorism Committee pursuant
to paragraph 6 of Security Council resolution 1373 (2001)*
Jordan’s second supplementary report to the Security Council Committee
established pursuant to resolution 1373 (2001) (Counter-Terrorism Committee) is of
special importance, coming as it does in the wake of the terrorist attack carried out
against the headquarters of the Jordanian embassy in Baghdad on 14 August 2003,
which took with it dozens of innocent victims. That event, however, and the terrorist
attacks committed against Jordan and its nationals during the past few years will
only increase Jordan’s determination to combat the plague of terrorism. The present
report contains a further dimension, namely Jordan’s ratification of the International
Convention for the Suppression of the Financing of Terrorism. Jordan will continue
its national counter-terrorist efforts at the various levels in accordance with Security
Council resolution 1373 (2001).
The following report was prepared in response to questions contained in the
Committee’s note S/AC.40/2003/MS/OC of 30 May 2003.
1.2. Progress report on the draft act to combat money-laundering and, in particular,
its provisions concerning funds emanating from terrorist activities or funds that may
be used to finance terrorism
The Government of Jordan accords high priority to this draft. The Bureau of
Legislation of the Office of the Prime Minister, which is charged with the study of
laws, has completed the study of this draft, now in the final stages preparatory to its
submission to Parliament for discussion and adoption.
Regarding legal provisions, article 2 of the draft defines illegal funds as
follows: “Illegal funds: any funds arising directly or indirectly from any criminal act
within the meaning of article 3 of the present Act”.
Article 3 of the draft contains the following provisions:
For the purposes of the present Act, funds shall be deemed illegal if they
emanate from any of the following offences:
(a) Traffic in narcotic drugs;
(b) Illicit traffic in arms and ammunition;
(c) Terrorism in violation of the Penal Code;
(d) Kidnapping of persons or holding of them hostage for the purpose of
extortion, in violation of the law;
(e) Offences committed in contravention of the provisions of the Economic
Offences Code;
(f) Any other offences considered under the laws concerning them as
involving money-laundering;
* Any attachments are on file with the Secretariat and are available for consultation.
(g) Any criminal act involving money-laundering that is criminally
sanctioned under the legislation in force in the Kingdom.
Article 4 of the draft provides as follows:
Any and all of the following acts shall be considered as money-laundering:
(a) Concealing the true source or whereabouts of illegal funds or
camouflaging such funds by altering or converting them;
(b) Concealing the ownership of illegal funds or providing misleading
information regarding such ownership;
(c) Owning or possessing illegal funds or using or investing such funds in
order to purchase movable or immovable property or to carry out financial
transactions, in the awareness that they are illegal funds.
Regarding the powers of the Attorney-General, article 9 (b) provides as
follows:
(b) The Attorney-General may exercise the following powers in the
performance of his duties:
1. Observation of funds suspected of being illegal and keeping track of such
funds by all necessary means for that purpose;
2. Preventive attachment of illegal funds and issuance of any and all orders
to prevent the disposal thereof;
3. Stopping of the completion or performance of any contract, transaction or
work that may involve or be connected with illegal funds;
4. Preservation, in accordance with the requirements of the investigating
authority, of any documents connected with illegal funds.
The penalties imposable pursuant to the draft act are provided for in article 10,
as follows:
(a) Without prejudice to any severer penalty stipulated in any other
legislation, the offence of money-laundering shall be punishable by imprisonment
for not less than one year and not more than three years, a fine of up to 1 million
dinars or both and the funds in question shall be confiscated. The penalty shall be
doubled in case of a repeated offence;
(b) Complicity or intervention in or abetting of crimes of money-laundering
shall be subject to the same penalty as the principal offence;
(c) In cases other than those provided for in paragraph (a) of this article, any
violation of the provisions of this act shall be punishable by at least six months’
imprisonment or a penalty of not less than ten thousand dinars.
1.3. The provision or collection of funds in any manner with the intention that they
should be used to carry out terrorist acts
The provisions of the penal laws themselves cover the related questions raised
by the Committee, inasmuch as the competent courts do not face any difficulties in
this regard. Nonetheless, the Government’s ratification of the International
Convention for the Suppression of the Financing of Terrorism through the
promulgation of Provisional Law No. 83 of 2003 (Law ratifying the International
Convention for the Suppression of the Financing of Terrorism) fully satisfy the
Committee’s questions. Indeed, under the ratification law, the Convention and all its
provisions became part of Jordan’s national law; consequently, the courts are bound
to apply its provisions on an equal basis with other existing legislation.
1.4. Legal provisions in force which regulate the operation of alternative money
transfer agencies or services
There are no legal provisions on alternative money transfer services and no
such agencies are licensed by the Central Bank. However, such activities will come
under the legal regulations for combating money-laundering once the act becomes
law.
1.5. Legal provisions relating to lawyers, accountants and notaries who engage in
brokering activities
It must be pointed out to the Committee that professions such as accounting
and the practice of law are regulated in Jordan by special laws, such as the Bar
Association Act and the Organization of the Accounting Profession Act, under
which lawyers and accountants are prohibited from engaging in brokering activities
or entering into commercial transactions on pain of punishment, withdrawal of their
professional licence, the imposition of fines and imprisonment for various terms.
The brokerage sector, on the other hand, is governed by a law specific to it, namely
the Commercial Agents and Intermediaries Act (Act No. 28 of 2001).
1.6. The competent body within the Central Bank to which suspicious transactions
are to be reported
The Bank Supervision Department within the Central Bank is the body to
which banks are required to report suspicious transactions. In addition, as soon as
the money-laundering act is promulgated, another, unrelated, unit is to be
established to deal with suspicious financial transactions involving moneylaundering.
1.7. The directive of the Governor of the Central Bank of Jordan concerning the
freezing of funds suspected of being linked to terrorism is based, as mentioned
previously, on powers laid down in the Banking Code. Consequently, the Central
Bank has the power to stop, for a period of 30 days, the execution of any banking
operation or the receipt or payment of any sum of money that is or may be
connected with terrorist acts. It may also notify the judicial authorities to undertake
an investigation with a view to the freezing of the funds, in which case, as
previously mentioned, the Attorney-General has the power to effect the attachment
under the Penal Code (article 147).
1.8. In answer to the Committee’s question whether the Government of Jordan can
freeze the assets of persons if there is reasonable cause to suspect that they are
connected with terrorism or terrorist groups, the Government can do so only if such
suspicions are backed up by strong material and circumstantial evidence on the
strength of which the Attorney-General can use the powers granted him in article
147 of the Penal Code.
1.9. Unlawful recruitment and representation that such recruitment is for lawful
purposes
Article 141 of the Penal Code comes under a special heading, i.e., offences
committedagainst the security of the State. In view of the gravity of such offences,
the Code provides that the penalty for plotting or abetting such crimes is the same as
for the principal offence.
Unquestionably, deceiving persons and misrepresenting the purposes of an act
as lawful with a view to committing an unlawful act is one of the forms of abetting
and plotting, and the law, particularly in the case of such offences, sanctions the
motive and the intention, even if not translated into concrete acts. Indeed, article 139
of the Penal Code provides as follows:
Plotting to commit any offence referred to in the articles of this chapter
shall be punishable by the same penalty as that imposed thereunder for the
actual perpetration of the offence.
1.10. The possession and carrying of, and dealing in, firearms are regulated by the
Firearms Act, as follows:
No person shall manufacture firearms or ammunition within the Kingdom
except by permit from the Council of Ministers.
No person shall import, export or deal in arms or ammunition within the
Kingdom unless licensed to do so by the Minister of the Interior or a person
delegated thereby.
It is not permissible to export weapons from the Kingdom.
It is absolutely forbidden to carry, sell, buy or possess guns of any type.
Article 5 of the 1975 regulation on trading in arms specifies the conditions for
the granting of a licence for dealing in arms.
The Firearms Act provides deterrent penalties for anyone who violates its
provisions. Article 11 of the Act contains the following provisions:
Anyone who, without authorization, manufactures, imports, possesses,
transports, sells or purchases or serves as an intermediary for the purchase or
sale of any gun or automatic weapon for the purpose of using it in an unlawful
manner shall receive the death penalty.
Anyone who, without authorization, manufactures, imports, exports or
attempts to export firearms or ammunition shall be subject to a penalty of hard
labour for a term not less than 15 years, and the weapons shall be confiscated.
Anyone who violates any other provision of this Act or any regulation issued
in pursuance hereof shall be subject to a penalty of imprisonment for a term of
up to three years, and the weapons shall be confiscated.
The Act defines explosives as including all types of explosive substances. The
term “explosive material” comprises all explosives, whatever their nature, devices
for exploding them, caps, fuses, detonators, potassium nitrate (saltpetre), sodium
nitrate (Chile saltpetre), potassium chlorate, ammonium chlorate and nitroglycerins,
nitroglucoses, nitrocelluloses and nitrophenols of all types.
Pursuant to article 148 of the Act, amended by Act No. 54 of 2001, a penalty
consisting in a term of imprisonment with hard labour is imposed on any person who
knowingly manufactures, procures or transports explosive or inflammable materials
or poisonous, incendiary, infectious, bacteriological, chemical or radioactive agentsor the like or any components thereof for the purpose of carrying out terrorist acts or
enabling another person to use them for such purpose.
Within the framework of Arab cooperation to combat traffic in arms, article 2
of the Arab Convention for the Suppression of Terrorism, signed in 1998, provides
that the crimes of manufacturing, smuggling or possessing weapons, ammunition,
explosives or other materiel or materials prepared for the perpetration of terrorist
offences shall not be regarded as political offences, even if committed for political
motives.
Under article 3 of the Convention the Arab States undertake to develop and
strengthen systems for the detection of the transport, importation, exportation and
stockpiling of weapons, munitions and explosives and of other means of aggression,
murder and destruction as well as procedures for monitoring their passage through
customs and across borders in order to prevent their transfer from one Contracting
State to another or to third-party States other than for confirmed lawful purposes.
Within the framework of measures of suppression, the Arab States have
undertaken to arrest the perpetrators of terrorist offences and to prosecute them in
accordance with national law or extradite them in accordance with the provision of
the Convention or of any bilateral treaty between the requesting State and the
requested State.
Article 4 provides that Contracting States shall cooperate for the prevention
and suppression of terrorist offences through the exchange of information
concerning the activities and crimes of terrorist groups; the sources of their funding;
the types of weapons, munitions and explosives used by them; and other means of
aggression, murder and destruction.
Under the Convention, each Contracting State undertakes to furnish any other
Contracting State with any information or data in its possession that might lead to
the seizure of any weapons, munitions or explosives or any devices or funds used or
intended for use in the commission of a terrorist offence.
The Convention has been ratified by Jordan.
1.11. The Committee’s request to receive the list of “friendly countries” with which
Jordan exchanges information concerning terrorist activities
Jordan reiterates, as stated in its first supplementary report, that, with a view to
achieving their desired objective, States do not openly discuss their security
arrangements. In addition, no unity exists in this regard, inasmuch as the security of
both Jordan and other States would be affected.
1.12. Progress report on the enactment of legislation to implement the Conventions
ratified by Jordan in the field of counter-terrorism
The Constitutional regime includes the principle that international conventions
and obligations are added to domestic legislation, becoming a part of national law.
As mentioned at the outset of this report, Jordan ratified the International
Convention for the Suppression of the Financing of Terrorism by virtue of a
provisional law, owing to the fact that the National Assembly was not sitting at that
time and due to the existence of necessity within the meaning of article 94 of the
Constitution, whereby the executive power is permitted to issue a provisional law.
When general elections were held and sessions of the National Assembly were
convened,the law was referred to the Legal Committee of the Chamber of Deputies,
where it is currently being discussed. It is hoped that it will be enacted in the near
future.
1.13. Receipt of reports or questionnaires presented by organizations involved in
monitoring international standards
Attached hereto is a copy of the report prepared by the Arab Office of Criminal
Police on follow-up of the implementation of the Arab Convention for the
Suppression of Terrorism.
In conclusion, Jordan reaffirms its full cooperation with the Security Council
Committee established pursuant to resolution 1373 (2001) concerning counterterrorism and its readiness to receive future comments of the Committee. | [
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510286 | United Nations S/2003/1173
Security Council Distr.: General
15 December 2003
Original: English
03-65787 (E) 060104 060104
*0365787*
Letter dated 4 December 2003 from the Chairman of the Security
Council Committee established pursuant to resolution 1373 (2001)
concerning counter-terrorism addressed to the President of the
Security Council
I write with reference to my letter of 13 November 2002 (S/2002/1254).
The Counter-Terrorism Committee has received the attached third report from
Morocco submitted pursuant to paragraph 6 of resolution 1373 (2001) (see annex).
I would be grateful if you could arrange for the present letter and its annex to
be circulated as a document of the Security Council.
(Signed) Inocencio F. Arias
Chairman
Security Council Committee established pursuant to
resolution 1373 (2001) concerning counter-terrorism
Annex
[Original: French]
Note verbale dated 3 December 2003 from the Permanent Mission
of Morocco to the United Nations addressed to the Chairman of
the Counter-Terrorism Committee
The Permanent Mission of the Kingdom of Morocco to the United Nations
presents its compliments to the Counter-Terrorism Committee and has the honour to
transmit to it, enclosed herewith, the third report of the Kingdom of Morocco on the
implementation of Security Council resolution 1373 (2001) (see enclosure).
Enclosure
[Original: French]
Third report of the Kingdom of Morocco to the CounterTerrorism Committee established pursuant to Security Council
resolution 1373 (2001)*
This report is being submitted pursuant to letter S/AC.40/Sub.Co.B/OC.73 of 8
October 2002 from the Counter-Terrorism Committee concerning the consideration
of the second report submitted by Morocco, dated 10 July 2002, in which the
Kingdom of Morocco informed the Committee of its intention to draft laws with
respect to combating terrorism.
Since then, the Kingdom of Morocco has adopted specific legislation to
suppress terrorist crimes and prevent the financing of terrorism. It has completed the
ratification procedure of all international conventions that are directly or indirectly
related to terrorism.
The Kingdom of Morocco, determined to spare no effort to combat terrorism,
in accordance with international law and the international commitments that it has
undertaken, is submitting herewith its replies to the questions by the CounterTerrorism Committee.
1.2. In the context of paragraph 1 of the resolution, the Counter-Terrorism
Committee looks forward to receiving a report on the anti-money-laundering
legislation that Morocco intends to put in place in order to be also in a position to
prevent and suppress the financing of terrorism. In particular, please explain the
measures Morocco proposes to introduce in order to ensure transparency and
accountability in the transmission of funds by financial institutions and alternative
remittance systems.
In the context of combating money-laundering and the financing of terrorism,
Morocco has drafted a bill concerning those two scourges. However, in the light of
the urgent need to combat terrorism, Morocco considered it appropriate to begin
with the adoption of Act 03-03 on combating terrorism, published in No. 5112 of the
Official Bulletin of the Kingdom of Morocco, dated 29 May 2003. This Act provides
for several measures in the framework of combating the financing of terrorism,
including, in particular:
– Criminalization of the financing of terrorism. Article 4-218 of the Act defines
a terrorist act as “the provision, raising or management of funds, securities or
property, by whatever means, directly or indirectly, with a view to seeing them
used, or in the knowledge that they will be fully or partly used, to commit a
terrorist act, regardless of whether such an act occurs; and assisting or
providing advice to achieve that end.” Such offences are punishable by a
prison term of 5 to 30 years and fines of 500,000 to 5 million dirhams. Persons
found guilty of financing terrorism are also subject to confiscation of all or
part of their property.
– Lifting of bank secrecy. Title IV of the aforementioned Act devoted to the
suppression of the financing of terrorism will be incorporated into the Code of
* Annexes are on file with the Secretariat and are available for consultation.
Criminal Procedure. It gives judicial authorities the opportunity during any
inquiry to obtain information on financial transactions or movements of funds
suspected of being used to finance terrorism within 30 days of a request for
such information. Judicial authorities may declare a freeze on or seizure of
funds suspected of being used for terrorism. Banks may not invoke
professional secrecy before these authorities or the Bank Almaghrib (the
Central Bank) (article 595-4).
– The protection of agents responsible for conducting special investigations
concerning suspicious transactions from any threat or pressure while carrying
out their duties. With respect to any deeds and acts carried out while missions
entrusted to the Bank Almaghrib or other banks, in accordance with the law
against terrorism, are being conducted, no prosecution or civil action may be
undertaken against those establishments or their directors or agents.
Furthermore, by requiring those directors and agents to take every necessary
measure to ensure the secrecy of the investigations, the use of information
gathered for purposes other than those provided for under the law is prohibited
(article 595-5).
– The adoption of the principle of international cooperation in efforts to combat
the financing of terrorism. (See the response to question 1.10.)
– With respect to the penal provisions under Act 03-03 on combating terrorism,
it should be specified that they have been incorporated into the first part of the
third chapter of the Criminal Code.
1.3. Effective implementation of paragraph 1 requires that the legal obligation to
report suspicious transactions should extend to all professions engaged in financial
transactions (such as lawyers and accountants) and not only to financial
institutions. All these persons should be subjected to penalties for non-compliance
in order to enable the effective prevention of the financing of terrorism. The
Committee notes Morocco’s intention to put financial institutions under an
obligation to report suspicious transactions; but it would be grateful if Morocco
would comment on the action it intends to take in regard to all professions involved
in financial transactions (including as intermediaries).
The Kingdom of Morocco plans to require people working in professions, in
addition to banking and financial institutions, to submit suspicious-transaction
reports.
1.4. Having taken note of Morocco’s intention to criminalize the financing of
terrorism along the lines of the International Convention for the Suppression and
the Financing of Terrorism, the Committee would be interested to know how
Morocco will implement article 2 of the Convention in its domestic criminal law.
After the ratification by the Kingdom of Morocco of the International
Convention for the Suppression of the Financing of Terrorism and its publication in
the Official Bulletin (No. 5104 of 1 June 2003), a copy of which is included in an
annex, article 2 of this Convention has been taken into consideration in the final
drafting of amendments introduced into the Criminal Code and Code of Criminal
Procedure in compliance with the law against terrorism, particularly concerning the
definition of terrorism and an increase in applicable penalties.
Indeed, Act 03-03 classifies as terrorist crime any crime committed
intentionally in relation to an individual or collective activity with the goal of
causing serious disruption of public order by intimidation, terror or violence;
penalties have been increased, including the death penalty, and custodial sentences
have been doubled.
1.5. Effective implementation of paragraph 1 of the resolution also requires the
existence of legal provisions or administrative measures that ensure that funds and
other economic resources collected by non-profit organizations (e.g. religious,
charitable or cultural organizations) are not diverted for other than the stated
purposes, particularly for financing of terrorism. Please explain whether such
provisions or measures are in place in Morocco and, if not, how Morocco proposes
to monitor the use of funds by non-profit organizations.
Any collection of donations by charitable or religious organizations requires in
all cases the authorization of competent authorities, namely the General Secretariat
of the Government, and all funds originating from abroad and earmarked for
Moroccan associations must be declared to this department. The aforementioned
authorization is governed by the Act of 12 October 1971 on public fund-raising and
the Act on associations (Dahir [royal decree] of 23 July 2002, a copy of which is
included in the annex). Any infringement of this procedure shall be punished by the
judicial authorities, and the penalty may include the disbanding of the association.
Notwithstanding the legislation on public fund-raising, associations recognized as
being in the public interest may, once a year and without prior authorization, raise
funds publicly or collect money through other authorized means. However, they are
required to make a declaration to the Secretary General of the Government (article 9
of the Dahir of 23 July 2002).
1.6. The Committee has taken note of Morocco’s intention to put in place legal
provisions allowing for the freezing of terrorist funds. The Committee would also be
particularly interested in an outline of the procedure which will lead to the freezing
of such funds upon request of foreign authorities.
In compliance with the international conventions to which Morocco is party,
the law against terrorism establishes a cooperation regime at the international level
to combat the financing of terrorism. In that context, it authorizes the Government,
upon a request by a foreign State, to refer the matter to the judicial authorities in
order to take the following measures:
1. Investigation and identification of proceeds from the financing of terrorism
and property that has served or was meant to be used to commit such an offence or
any property whose value corresponds to the proceeds from such an offence;
2. Freezing and seizure of property;
3. Protective measures in respect of property.
A decision to freeze or seize funds handed down by a foreign judicial authority
may also be implemented in Moroccan territory in accordance with the content and
form of the conditions set by the aforementioned law. The Moroccan justice system
has frozen the bank account of Said Bahaji, who was included on the consolidated
list established by the Sanctions Committee pursuant to Security Council resolution
1267 (1999).
1.7. In the context of subparagraph 2 (a) of the resolution, please outline the legalprovisions and regulations regarding the possession, manufacture and transfer of
weapons and explosives to which Dahir No. 1-58-286 of 2 September 1958 refers.
I Explosives
The legislative and regulatory documents that govern this area are as follows:
– Dahir of 14 April 1914 on regulation of the production of explosives, amended
and supplemented by the dahirs of 22 July 1938 and 24 February 1940;
– Dahir of 30 January 1954 on the monitoring of explosives;
– Dahir of 14 January 1914 regulating the importation, movement and sale of
explosives in Morocco and setting the conditions for setting up warehouses,
amended and supplemented by the Dahirs of 14 March 1933, 9 May 1936, 24
February 1940 and 30 January 1954.
II Weapons and ammunition
Weapons and ammunition are governed by the Dahir of 31 March 1937
regulating the importation, trade, carrying, possession and storing of weapons and
their ammunition in Morocco. The importation of weapons other than weapons of
war and their ammunition is subject to prior authorization issued by the Director
General of Police or his deputy, in consultation with the local authority (articles 1
and 2). Trade in weapons and ammunition is subject to licensing granted by the
Director General of Police or his deputy. Furthermore, permits to carry nonconcealed weapons are issued by the local authority representing the central
authorities, in consultation with the security services. Permits to carry concealed
weapons are issued by the Director General of Police in consultation with the local
authority.
Dahir No. 1-58-286 of 2 September 1958 on penalties for breaches of the
regulations on firearms and explosives stipulates a prison term of 20 years for the
possessor of weapons, ammunition, explosive material and deadly or incendiary
instruments or tools.
1.8. Please provide the Committee with a copy of the relevant amendments to the
penal legislation of Morocco, once enacted. In this context, the Committee would be
interested to know when these amendments are expected to enter into force.
The relevant amendments were introduced by Act 03-03 on combating
terrorism published in No. 5112, dated 29 May 2003, of the Official Bulletin of the
Kingdom of Morocco, a copy of which is included in an annex. These amendments
entered into force, with respect to procedure, on the date of their publication in the
Official Bulletin with and, with respect to substance, on 1 October 2003.
1.9. Please explain by which legal provisions Morocco is able to prevent the entry
on its territory of alleged terrorists.
A law on the entry and stay of foreigners in the Kingdom of Morocco and
illegal emigration and immigration was adopted by the Moroccan parliament on 23
June 2003 (a copy of which is included in an annex). According to its provisions,
particularly article 42, any foreigner who enters or attempts to enter Morocco in
breach of the law is liable to a prison term of one to six months and a fine of
between 2,000 and 20,000 dirhams, and the administration may deport him “in the
interest of security and public order needs”. A foreigner may be deported if his
registration card or residence permit has been revoked for reasons of a “threat to
public order” (article 21). This law also stipulates in articles 14 and 16 that
registration cards and residence permits may be refused to any foreigner “whose
presence in Morocco constitutes a threat to public order”. Chapter IV (articles 25 to
27) deals with the deportation of foreigners, as follows:
• A foreigner who poses a serious threat to public order falls under article 25;
• Article 26 stipulates that “no time limit on deportation is required if the
sentence involves an offence concerning terrorist-related activity”.
1.10. Please outline the existing or proposed legal provisions that criminalize the
use of Moroccan territory for the purpose of financing, planning, facilitating or
committing terrorist acts against other States or their citizens. Effective
implementation of subparagraphs 2 (d) and (e) of the resolution requires that such
provisions should be incorporated in the penal law of Morocco.
Morocco, aware of its role in the maintenance of peace and stability in the
world, prohibits the entry, accommodation or stay of terrorist elements in its
national territory. The Moroccan criminal code punishes the use of national territory
for the planning, organization or carrying out of terrorist crimes. Our international
commitments are in line with this. Accordingly, the Arab Convention on the
Suppression of Terrorism, to which Morocco is party, prohibits the use of national
territory to plan, organize or carry out terrorist crimes against other States.
Moroccan courts are competent to deal with all acts of complicity with or
participation in terrorist crimes even if they are committed abroad and by foreigners
if the main act was committed in Morocco.
The arrangements of the 1951 Convention relating to the Status of Refugees
and the International Convention for the Suppression of the Financing of Terrorism
were taken into consideration during the drafting of the law against terrorism.
1.11. Effective implementation of subparagraph 2 (e) of the resolution requires that
States ensure that persons who participate in the financing, planning, preparation
or perpetration of terrorist acts or who support such acts are brought to justice
either by submitting the case without undue delay to their respective competent
authorities for the purpose of prosecution or by extraditing these persons. This
applies without any exception whatsoever and whether or not the offence was
committed in their respective territories. Please explain how, in order to comply
with these subparagraphs, Morocco would deal with a foreign national who is in
Morocco and has committed a terrorist act outside Morocco against a State other
than Morocco or against that State’s citizens. Is it possible under current or
proposed law to prosecute that person in Morocco if he or she is not extradited?
Please outline the relevant domestic legal provisions governing legal assistance in
connection with (a) criminal investigations or criminal proceedings relating to the
financing or support of terrorist acts and (b) in connection with extradition.
Moroccan legislation does not provide for any proceedings against a foreigner
located in Morocco if he has committed a terrorist act abroad against a State other
than Morocco or against the nationals of that State.
However, and in accordance with bilateral conventions relating to extradition,
he maybe handed over to the authorities of a foreign country if the conditions
required by Moroccan legislation with respect to extradition are met.
The provisions of title III of book 7 of the Code of Criminal Procedure
coordinate the relations between Moroccan judicial authorities and their foreign
counterparts and determine the modalities of implementation of letters rogatory and
the extradition of criminals if there is no agreement in the field or if existing
agreements are not brought to bear on the matter.
Judicial cooperation in criminal matters is provided for in articles 713 to 749
of the Code of Criminal Procedure. The modalities for such cooperation are defined
in articles 189 to 193 of the Code.
Articles 718 to 745 of the Code of Criminal Procedure provides for extradition
by laying down the form and content of the conditions for its implementation.
1.12. Subparagraph 3 (d) of the resolution requires all States to become parties as
soon as possible to all the relevant international conventions and protocols relating
to terrorism. The Committee would appreciate receiving information on the progress
made by Morocco in relation to becoming a party to the following:
• International Convention against the Taking of Hostages;
• The Convention on the Physical Protection of Nuclear Material;
• The International Convention for the Suppression of Terrorist Bombings; and
• The International Conventions for the Suppression of the Financing of
Terrorism.
The International Convention for the Suppression of the Financing of
Terrorism was ratified by Dahir No. 4.02.2 of 23 July 2002 and entered into force
for Morocco on 19 October 2002.
The Convention on the Physical Protection of Nuclear Material was ratified by
Dahir No. 4.91.3 of 23 July 2002 and entered into force for Morocco on 22
September 2002.
The procedures for acceding to the International Convention against the Taking
of Hostages and the International Convention for the Suppression of Terrorist
Bombings are in their final stages.
1.13. According to subparagraph 3 (g) of the resolution, States are required to
ensure “that claims of political motivation are not recognized as grounds for
refusing requests for the extradition of alleged terrorists”. Similar provisions exist
in the Financing Convention (article 14) and in the Terrorist Bombing Convention
(article 11). Subparagraph 3 (g) applies not only to persons who have committed
offences according to article 2 of the International Convention for the Suppression
of the Financing of Terrorism, but to all alleged terrorists. The Committee looks
forward to receiving a progress report on the action taken in order to adapt
Moroccan legislation, and the extradition treaties Morocco has concluded with
other countries, to the requirements of subparagraph 3 (g) of the resolution.
The above-mentioned provisions concerning extradition and some bilateral
legal conventions do not allow for extradition if the crime or offence is political in
nature or if it appears that the request for extradition was made for political reasons.
However, after its ratification of the International Convention for the Suppression of
the Financing of Terrorism, Morocco will be in compliance with the provisions of
paragraph 5 of article 11 of that Convention, which stipulates that: “The provisions
of all extradition treaties and arrangements between States Parties with regard to
offences set forth in article 2 shall be deemed to be modified as between States
Parties to the extent that they are incompatible with this Convention”.
Concerning the punitive provisions under Act 03-03 on combating terrorism, it
should be recalled that they have been incorporated into the first part of the third
book of the Criminal Code. | [
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608769 | United Nations A/C.4/62/3/Add.6
General Assembly Distr.: General
5 October 2007
Original: English
07-51824 (E) 041007
*0751824*
Sixty-second session
Special Political and Decolonization Committee
(Fourth Committee)
Agenda item 40
Implementation of the Declaration on the Granting
of Independence to Colonial Countries and Peoples
Question of Western Sahara
Request for hearing
Letter dated 19 September 2007 from Suzanne Scholte, representative of the
Defense Forum Foundation, to the Chairman of the Committee*
I wish to request the honour of addressing the Fourth Committee on the
question of Western Sahara.
(Signed) Suzanne Scholte
Representative
Defense Forum Foundation
* Circulated in accordance with a decision taken by the Committee at its 1st meeting, on
4 October 2007. | [
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500849 | United Nations S/2003/40/Add.28
Security Council Distr.: General
25 July 2003
Original: English
03-46105 (E) 120803
*0346105*
Summary statement by the Secretary-General on matters of
which the Security Council is seized and on the stage reached
in their consideration
Addendum
Pursuant to rule 11 of the provisional rules of procedure of the Security
Council, the Secretary-General is submitting the following summary statement.
The list of items of which the Security Council is seized is contained in
documents S/2003/40 of 14 February 2003, S/2003/40/Add.3 of 21 February 2003,
S/2003/40/Add.4 of 24 February 2003, S/2003/40/Add.11 of 28 March 2003,
S/2003/40/Add.14 of 17 April 2003, S/2003/40/Add.19 of 23 May 2003,
S/2003/40/Add.20 of 30 May 2003 and S/2003/40/Add.24 of 27 June 2003.
During the week ending 19 July 2003, the Security Council took action on the
following items:
The situation between Eritrea and Ethiopia (see S/1998/44/Add.25;
S/1999/25/Add.3, 5 and 7; S/2000/40/Add.18, 19, 30, 32, 36, 45 and 46;
S/2001/15/Add.6, 11, 16, 20, 37 and 46; S/2002/30/Add.2, 9, 10, 19, 32 and 35; and
S/2003/40/Add.10; see also S/2001/15/Add.37; S/2002/30/Add.10 and 32; and
S/2003/40/Add.10)
The Security Council resumed its consideration of the item at its 4787th
meeting, held on 17 July 2003 in accordance with the understanding reached in its
prior consultations, having before it the progress report of the Secretary-General on
Ethiopia and Eritrea (S/2003/665).
The President stated that, following consultations of the Council, he had been
authorized to make a statement on behalf of the Council and read out the text of that
statement (for the text, see S/PRST/2003/10; to be issued in Official Records of the
Security Council, Resolutions and Decisions of the Security Council, 1 August 2002-
31 July 2003).
The situation in the Middle East, including the Palestinian question (see
S/2000/40/Add.39, 44, 46, 47 and 50; S/2001/15/Add.11-13, 34 and 50;
S/2002/30/Add.7, 8, 10, 12-15, 17, 23, 24, 28, 29, 37, 38, 45 and 50; and
S/2003/40/Add.2, 6, 11, 15, 20 and 23; see also S/7382, S/7441, S/7452, S/7564,
S/7570, S/7596, S/7600, S/7913, S/7923, S/7976, S/8000, S/8048, S/8066, S/8215,
S/8242, S/8252, S/8269, S/8502, S/8525, S/8534, S/8564, S/8575, S/8584, S/8595,
S/8747, S/8753, S/8807, S/8815, S/8828, S/8836, S/8885, S/8896, S/8960, S/9123,
S/9135, S/9319, S/9382, S/9395, S/9406, S/9427 and Corr.1, S/9449, S/9452, S/9805,
S/9812, S/9930, S/10327, S/10341, S/10554, S/10557, S/10703, S/10721, S/10729,
S/10743, S/10770/Add.4, S/10855/Add.15, 16, 23, 24, 29, 30, 33, 41, 43, 44 and 50;
S/11185/Add.14-16, 21, 42/Rev.1 and 47; S/11593/Add.15, 21, 29, 42 and 49;
S/11935/Add.2-4, 12, 18-21, 23-26, 42, 44, 45 and 48; S/12269/Add.12, 13, 21, 42, 43
and 48; S/12520/Add.10, 11, 17, 21, 37, 39, 42, 47 and 48; S/13033/Add.2, 9-11, 16,
19, 21, 23, 25, 28, 29, 33, 34, 47 and 50; S/13737/Add.7, 8, 13-18, 20-22, 24-26, 33,
47 and 50; S/14326/Add.10, 11, 20, 24, 28, 29, 47 and 50; S/14840/Add.1-4, 8, 12, 13,
15, 16, 21-25, 27, 30-33, 37, 42, 45 and 48; S/15560/Add.3, 6, 7, 20, 21, 29-31, 37,
42, 45, 47 and 48; S/16270/Add.6-8, 15, 20, 21, 34, 35, 40 and 47; S/16880/Add.8-10,
15, 20, 21, 36, 40, 41 and 46; S/17725/Add.2-4, 15, 21, 28, 35, 38, 43 and 47-49;
S/18570/Add.2, 21, 30, 47 and 49-51; S/19420/Add.1-5, 13, 15, 18, 19, 22 and Corr.1,
30, 48 and 50; S/20370/Add.4-6, 12, 16, 21, 22, 26, 30, 32, 34, 37, 44, 46, 47 and 51;
S/21100/Add.4, 10, 12, 17, 20, 21, 30, 39, 40, 42, 44, 45 and 47-50; S/22110/Add.4,
12, 20, 21, 30 and 47; S/23370/Add.1, 4, 7, 13, 21, 30, 47 and 50; S/25070/Add.4, 21,
30 and 48; S/1994/20/Add.3, 8, 10, 20, 29 and 47; S/1995/40/Add.4, 8, 18, 19, 21, 29
and 47; S/1996/15/Add.4, 15, 21, 30, 38 and 47; S/1997/40/Add.4, 9, 11, 21, 30 and
46; S/1998/44/Add.4, 21, 26, 28, 30 and 47; S/1999/25/Add.3, 20, 29 and 46;
S/2000/40/Add.4,15, 20, 21, 24, 29 and 47; S/2001/15/Add.5, 22, 31 and 48;
S/2002/30/Add.4, 21, 30 and 50; and S/2003/40/Add.4 and 25)
The Security Council resumed its consideration of the item at its 4788th
meeting, held on 17 July 2003 in accordance with the understanding reached in its
prior consultations.
In accordance with the understanding reached in the Council’s prior
consultations, the President, with the consent of the Council, extended an invitation
under rule 39 of the Council’s provisional rules of procedure to Terje Roed-Larsen,
Special Coordinator for the Middle East Peace Process and Personal Representative
of the Secretary-General.
The situation in Sierra Leone (see S/1995/40/Add.47; S/1996/15/Add.6, 11 and 48;
S/1997/40/Add.21, 27, 31, 40 and 45; S/1998/44/Add.8, 11, 15, 20, 22, 28 and 50;
S/1999/25 and Add.1, 9, 18, 22, 32, 41 and 48; S/2000/40/Add.5, 10, 17-19, 24, 26,
28, 30, 32, 35, 37, 43 and 50; S/2001/15/Add.4, 13, 26, 38 and 51; S/2002/30/Add.2,
12, 20, 27, 38 and 48; and S/2003/40/Add.12; see also S/2001/15/Add.7, 10, 20 and
37; S/2002/30/Add.11 and 37; and S/2003/40/Add.11)
The Security Council resumed its consideration of the item at its 4789th
meeting, held on 18 July 2003 in accordance with the understanding reached in its
prior consultations, having before it the eighteenth report of the Secretary-General
on the United Nations Mission in Sierra Leone (S/2003/663).
The President drew attention to a draft resolution (S/2003/713) that had been
prepared in the course of the Council’s prior consultations.
The Security Council proceeded to vote on draft resolution S/2003/713, and
adopted it unanimously as resolution 1492 (2003) (for the text, see S/RES/1492
(2003); to be issued in Official Records of the Security Council, Resolutions and
Decisions of the Security Council, 1 August 2002-31 July 2003).
The situation concerning the Democratic Republic of the Congo (see
S/1997/40/Add.21; S/1998/44/Add.35 and 49; S/1999/25/Add.10, 13, 24, 30, 43, 47
and 49; S/2000/40/Add.3, 7, 16, 17, 19, 21, 23, 30, 33, 40, 47 and 49;
S/2001/15/Add.5, 8, 18, 24, 30, 35, 36, 43, 45, 50 and 51; S/2002/30/Add.4, 8, 11, 20,
22, 23, 29, 31, 32, 36, 41, 42, 44 and 48; and S/2003/40/Add.3, 6, 11, 19, 21, 25 and
27; see also S/1996/15/Add.43-45; S/1997/40/Add.5, 7, 9, 13, 16 and 17;
S/1998/44/Add.28; S/2001/15/Add.42 and 43; S/2002/30/Add.9, 23 and 37; and
S/2003/40/Add.22)
The Security Council resumed its consideration of the item at its 4790th
meeting, held on 18 July 2003 in accordance with the understanding reached in its
prior consultations.
The President, with the consent of the Council, invited the representatives of
Bangladesh, Brazil, the Democratic Republic of the Congo, Egypt, Indonesia, Italy,
Japan, Nepal, the Philippines, Rwanda and South Africa, at their request, to
participate in the discussion without the right to vote.
In accordance with the understanding reached in the Council’s prior
consultations, the President, with the consent of the Council, extended invitations
under rule 39 of the Council’s provisional rules of procedure to Jean-Marie
Guéhenno, Under-Secretary-General for Peacekeeping Operations, and Amos
Namanga Ngongi, former Special Representative of the Secretary-General for the
Democratic Republic of the Congo.
In response to the request contained in a letter dated 14 July 2003 from the
Permanent Representative of Italy to the United Nations (S/2003/709), the President,
with the consent of the Council, extended an invitation under rule 39 of the
Council’s provisional rules of procedure to Javier Solana, Secretary-General and
High Representative for the Common Foreign and Security Policy of the European
Union. | [
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508762 | UNITED
NATIONS E
Economic and Social
Council
Distr.
GENERAL
E/C.12/1/Add.91
12 December 2003Original: ENGLISH
COMMITTEE ON ECONOMIC, SOCIAL
AND CULTURAL RIGHTS
Thirty-first session
10-28 November 2003
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLES 16 AND 17 OF THE COVENANT
Concluding observations of the Committee on
Economic, Social and Cultural Rights
REPUBLIC OF MOLDOVA
1. The Committee on Economic, Social and Cultural Rights considered the initial report of
the Republic of Moldova on the implementation of the International Covenant on Economic,
Social and Cultural Rights (E/1990/5/Add.52) at its 32nd to 34th meetings, held on 11 and
12 November 2003 (see E/C.12/2003/SR.32-34), and adopted, at its 56th meeting, held
on 28 November 2003 (see E/C.12/2003/SR.56), the following concluding observations.
A. Introduction
2. The Committee welcomes the submission of the initial report of the State party, which
was prepared in general conformity with the Committee’s guidelines, as well as the information
provided in the written replies to its list of issues.
3. The Committee welcomes the open and constructive dialogue with the delegation of the
State party. The Committee regrets that there were not enough experts in the delegation in the
field of economic, social and cultural rights, who could provide more information to the
Committee on the concrete measures taken by the State party to implement its obligations under
the Covenant.
GE.03-45776 (E) 151203
B. Positive aspects
4. The Committee welcomes the adoption in 1993 of theConstitution of the Republic of
Moldova, which incorporates international principles of human rights, as well as the State party’s
accession to six of the seven main international human rights treaties.
5. The Committee welcomes the establishment in 1998 of the Centre for Human Rights of
Moldova, consisting primarily of three ombudspersons empowered to deal with cases of human
rights violations.
6. The Committee welcomes the adoption on 24 October 2003 of the National Human
Rights Action Plan (for the period 2004-2008), in conformity with the recommendations of
the 1993 Vienna Declaration and Programme of Action. The Committee also notes with
appreciation the Baseline Study on the Human Rights Status in the Republic of Moldova carried
out by the Coordinating Committee for the Development and Implementation of the National
Human Rights Action Plan, with the support of the United Nations Development Programme and
the Office of the United Nations High Commissioner for Human Rights, evaluating the
compatibility of national legislation with international human rights standards.
7. The Committee welcomes the establishment of a National Commission for Women’s
Issues in 1999 and the adoption of the National Plan to Promote Gender Equality in Society
in 2003.
8. The Committee welcomes the new Labour Code of 29 August 2003 and the Law on
Employment and Social Protection for Job Seekers of 13 March 2003.
9. The Committee welcomes the State party’s ratification in 2002 of International Labour
Organization Convention No. 182 concerning the Prohibition and Immediate Action for the
Elimination of the Worst Forms of Child Labour.
C. Factors and difficulties impeding the implementation of the Covenant
10. The Committee notes that the State party encountered difficulties in the implementation
of the Covenant arising from the organization of its national economy as a newly independent
State and from the transition to a market-oriented economy. The Committee also notes that the
Transnistrian region, which is part of the State party’s territory, is effectively outside the State
party’s control.
D. Principal subjects of concern
11. The Committee regrets that national courts have so far not made reference to the
Covenant in any of their rulings.
12. The Committee notes with concern that the State party faces serious problems of
corruption, which have a negative effect on the full exercise of the rights covered by the
Covenant. The Committee is also concerned that low salaries of civil servants and judges may
obstruct the effective implementation of measures to combat corruption.
13. The Committee is concerned about the extent to which gender inequality persists in
Moldova.
14. The Committee is concerned about the high rates of unemployment, particularly among
young people, women and the Roma population. The Committee notes with great concern, in
this regard, that the lack of employment opportunities and low salaries have prompted massive
emigration of people in the active and working age, a majority of whom work abroad illegally
without social insurance and legal protection.
15. The Committee is concerned about the persistent gap in wages between women and men
despite the Remuneration Act No. 847 of 14 February 2002, which prohibits discrimination on
the grounds of sex in determining remuneration.
16. The Committee is concerned that the minimum wage in the State party is not sufficient to
provide workers with a decent living for themselves and their families in contravention of
articles 7 and 11 of the Covenant.
17. The Committee expresses its concern that the current levels of social benefits and
pensions are inadequate.
18. The Committee is concerned about the absence of adequate statistical data on social
benefits since 1997 in the State party’s report.
19. The Committee is alarmed about the extent of trafficking in persons, particularly women,
despite the various measures taken by the State party to prevent and combat this phenomenon,
including the adoption in 2001 of a National Plan of Action against the Trafficking in Human
Beings and the introduction of sanctions against trafficking-related crimes under the new Penal
Code of 2002.
20. The Committee is concerned that violence against women remains widespread. The
Committee notes with regret that existing legislation does not define “domestic violence” as a
specific offence. Lack of crisis centres for victims of domestic violence is also a cause for
concern.
21. The Committee is concerned about the large number of children placed in institutions,
especially those with slight mental disabilities. The Committee is also concerned that children
left in the care of relatives or other persons while their parents travel abroad in search of
employment are at risk of abuse and neglect.
22. The Committee is concerned that an estimated 40 per cent of the population live in
absolute poverty, and that extreme poverty is especially pronounced in rural areas and among
children.
23. The Committee notes with concern that rising real estate prices have negatively affected
the accessibility and affordability of housing for a large part of the population and that the State
party is not taking adequate measures to deal with this problem.
24. The Committee is concerned about the deterioration of the public health system and notes
with regret that conditions in hospitals, especially psychiatric hospitals, are inadequate.
25. The Committee is alarmed about the rising incidence of tuberculosis inthe State party
and notes with particular concern the acuteness of this problem in prisons where the infection
rate is more than 40 times higher than the national average, according to the 2003 Baseline Study
on the Human Rights Status in the Republic of Moldova.
26. The Committee is concerned about the rising incidence of HIV/AIDS and sexually
transmitted diseases in the State party. In this regard, it is also concerned that sex education
classes held in urban areas are almost non-existent in rural areas.
27. The Committee is concerned about the continuing high level of infant and maternal
mortality. It is also concerned that the number of abortions remains high (15.6 per 1,000 women
of fertile age in 2002), notwithstanding the ongoing programmes in the area of reproductive
health.
28. The Committee is concerned that drug abuse is a serious problem in the State party, with
the number of drug addicts having more than doubled in the last five years despite the
establishment of an interdepartmental commission to fight drug addiction in 2000 and the launch
of a programme to fight drug addiction and the drugs business in the period 2003-2004.
29. The Committee is concerned about the high rates of non-attendance and high dropout
rates in primary and secondary education. It notes with particular concern that the main reason
for non-attendance is acute family poverty. The Committee is also concerned about the lack of
pre-school education.
E. Suggestions and recommendations
30. The Committee requests the State party to clarify in its second periodic report
whether individuals within the State party’s territory may invoke the rights enshrined in
the Covenant before the domestic courts and to provide relevant case law, if available. In
this respect, the Committee draws the attention of the State party to its general comment
No. 9 (1998) on the domestic application of the Covenant. Moreover, the Committee
recommends that the State party take measures to raise awareness of the Covenant and of
the possibility of invoking its provisions before the courts, among the judiciary and the
public at large.
31. The Committee recommends that the Centre for Human Rights give prominence to
economic, social and cultural rights in its activities.
32. The Committee requests the State party to provide in its second periodic report
detailed information on the implementation of the National Human Rights Plan of Action.
33. The Committee urges the State party to strengthen its efforts to combat corruption,
including by ensuring the effective functioning of the Anti-corruption Committee and to
work towards ensuring a better remuneration for civil servants and judges.
34. The Committee urges the State party to continue to reinforce its efforts to promote
inter-ethnic dialogue and tolerance among the different ethnic groups living within its
jurisdiction with a view to eliminating discrimination.
35. The Committee recommends that the State party strengthen its efforts to promote
gender equality in all spheres of life, including by ensuring the effective implementation of
the National Plan to Promote Gender Equality in Society.
36. The Committee recommends that the State party strengthen its efforts to improve
job opportunities for young people, women and Roma people. It also recommends that the
State party seek to conclude international agreements with a view to ensuring the social
protection of migrant workers and, in particular, accede to the International Convention
on the Protection of the Rights of All Migrant Workers and Members of Their Families.
37. The Committee recommends that the State party take effective measures to reduce
inequality between men and women in the labour market, including by ensuring equal pay
for work of equal value, and to report back on progress made in its next periodic report.
38. The Committee urges the State party to increase its efforts to establish a national
minimum wage which is sufficient to ensure an adequate standard of living for workers
and their families according to articles 7 and 11 of the Covenant. Moreover, the State
party should introduce a mechanism to determine and regularly adjust minimum wage in
proportion to the cost of living as envisaged in the draft legislation on the subsistence level.
39. The Committee urges the State party to ensure that the social security and pension
systems under reform give special attention to the needs of the most disadvantaged and
vulnerable groups in society. The Committee requests the State party to provide detailed
information on the results of the implementation of the reformed pension scheme in its next
periodic report.
40. The Committee recommends that the State party develop a reliable database
providing timely, disaggregated and comparative statistics on social security issues and
include these statistics in its next periodic report.
41. The Committee urges the State party to reinforce its efforts to combat the
phenomenon of trafficking in persons, including by ensuring the effective implementation
of anti-trafficking legislation and programmes and by improving job possibilities and
assistance to women living in poverty. In view of the cross-border character of
trafficking-related crimes, the State party is encouraged to seek international assistance
and strengthen regional cooperation with countries to which Moldovans are trafficked.
42. The Committee encourages the State party to consider defining “domestic violence”
as a specific offence under the Penal Code. It also encourages the State party to give effect
to the planned amendments of the Civil Procedure Code, which aim to protect victims of
domestic violence. The Committee also recommends that the State party increase the
number of crisis centres where victims of domestic violence could find safe lodging and
counselling.
43. The Committee recommends that the State party strengthen its efforts to reduce the
number of children living in institutions, including by strengthening family support
measures and by developing alternative forms of family care. The State party should
ensure that children in institutions as well as all other children deprived of their natural
family environment grow up in an atmosphere of emotional and material security.
44. The Committee calls upon the State party to strengthen its efforts to combat
poverty under the Programme on Poverty Alleviation and to give special attention to the
most vulnerable groups, including children and people living in rural areas. It urges the
State party to develop a mechanism for measuring the poverty level and to monitor it
closely. The Committee requests that the State party provide in its next periodic report
disaggregated and comparative data on the number of people living below the poverty line.
45. The Committee encourages the State party to ensure that resources are allocated for
the provision of social housing, especially to the disadvantaged and vulnerable groups,
including the Roma. The Committee also recommends that the State party undertake a
study on the problem of homeless people and to report back on its findings in its next
periodic report.
46. The Committee recommends that the State party take effective measures to ensure
the quality, affordability and accessibility of health services, especially in rural areas. In
this respect, the Committee draws the attention of the State party to its general comment
No. 14 (2000) on the right to the highest attainable standard of health and requests detailed
information, on a disaggregated and comparative basis, on progress made in the second
periodic report.
47. The Committee recommends that the State party intensify its efforts under the
National Programme on Tuberculosis Prophylaxis and Control to combat the spread of
tuberculosis, including by ensuring the availability of medicines and adequate sanitary
conditions in prisons.
48. The Committee recommends that the State party intensify its efforts to combat the
spread of HIV/AIDS and other sexually transmitted diseases, including through public
information campaigns and by ensuring that sex education is also introduced to schools in
rural areas.
49. The Committee urges the State party to reinforce its efforts to reduce infant and
maternal mortality by increasing health coverage for women and children. The Committee
calls upon the State party to strengthen efforts to promote awareness of sexual and
reproductive health, safe contraceptive methods and the health risk of using abortion as a
method of birth control, and to report on the results of such measures in its next periodic
report.
50. The Committee calls on the State party to ensure the effective implementation of
programmes to prevent and combat drug abuse, especially among young people. It
requests the State party to provide disaggregated and comparative data on this problem in
its next periodic report.
51. The Committee urges the State party to reinforce its efforts to ensure that children
are not prevented from attending school because of poverty in the family. It also
recommends that the State party consider establishing new pre-school educational
institutions. The Committee requests the State party to provide in its next periodic report
disaggregated data on a comparative basis on enrolment and dropout rates among boys
and girls and vulnerable groups. It refers the State party to its general comment
No. 13 (1999) for guidance in this regard.
52. The Committee requests the State party to disseminate its concluding observations
widely among all levels of society and to inform the Committee on all steps taken to
implement them in its next periodic report. It also encourages the State party to engage
non-governmental organizations and other members of civil society in the process of
discussion at the national level prior to the submission of its second periodic report.
53. Finally, the Committee requests the State party to submit its second periodic report
by 30 June 2008.
----- | [
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534217 | General Assembly Distr.: Limited
27 October 2004
Original: English
04-57504 (E) 271004
*0457504*
Fifty-ninth session
First Committee
Agenda item 65 (z)
General and complete disarmament: the illicit trade
in small arms and light weapons in all its aspects
Afghanistan, Algeria, Andorra, Argentina, Australia, Bahamas, Bangladesh,
Belize, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Burkina Faso,
Cambodia, Cameroon, Central African Republic, Chile, Colombia, Congo,
Costa Rica, Côte d’Ivoire, Djibouti, Ecuador, El Salvador, Guatemala, Guyana,
Haiti, Honduras, India, Jamaica, Japan, Kazakhstan, Kenya, Kyrgyzstan,
Liberia, Malta, Mexico, Mongolia, Morocco, Mozambique, Namibia, Nicaragua,
Nigeria, Panama, Papua New Guinea, Paraguay, Peru, Republic of Moldova,
Russian Federation, Rwanda, Samoa, Senegal, Sierra Leone, South Africa,
Suriname, Thailand, Uganda, Ukraine, United Republic of Tanzania, Uruguay,
Venezuela, Zambia and Zimbabwe: revised draft resolution
The illicit trade in small arms and light weapons in all its aspects
The General Assembly,
Recalling its resolutions 56/24 V of 24 December 2001, 57/72 of 22 November
2002 and 58/241 of 23 December 2003,
Emphasizing the importance of early and full implementation of the
Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small
Arms and Light Weapons in All Its Aspects, adopted by the United Nations
Conference on the Illicit Trade in Small Arms and Light Weapons in All Its
Aspects,1
Welcoming the efforts by Member States to submit, on a voluntary basis,
national reports on their implementation of the Programme of Action,
Noting with satisfaction regional and subregional efforts being undertaken in
support of the implementation of the Programme of Action, and commending the
progress that has already been made in this regard,
Taking note of the report of the Secretary-General on the implementation of
resolution 58/241,2
Welcoming the convening of the open-ended working group to negotiate an
international instrument to enable States to identify and trace, in a timely and
reliable manner, illicit small arms and light weapons, which held its first two-week
substantive session in New York from 14 to 25 June 2004,
Welcoming also the broad-based consultations held by the Secretary-General
with all Member States, interested regional and subregional organizations,
international agencies and experts in the field on further steps to enhance
international cooperation in preventing, combating and eradicating illicit brokering
in small arms and light weapons, and noting the report of the Secretary-General in
this regard,
1. Decides that the United Nations conference to review progress made in
the implementation of the Programme of Action to Prevent, Combat and Eradicate
the Illicit Trade in Small Arms and Light Weapons in All Its Aspects1
will be held in
New York for a period of two weeks between 26 June and 7 July 2006;
2. Also decides that the preparatory committee for the conference will hold
a two-week session in New York from 9 to 20 January 2006, and reiterates that, if
necessary, a subsequent session of up to two weeks in duration may be held;
3. Further decides that the second biennial meeting of States, as stipulated
in the Programme of Action, to consider the national, regional and global
implementation of the Programme of Action will be held in New York from 11 to
15 July 2005;
4. Expresses its appreciation for the efforts undertaken by the Chair of the
open-ended working group to negotiate an international instrument to enable States
to identify and trace, in a timely and reliable manner, illicit small arms and light
weapons, encourages the continued active participation of delegations in the
remaining sessions of the working group, and stresses the importance of making
every effort to ensure that a positive outcome is achieved by the open-ended
working group;
5. Requests the Secretary-General, while seeking the views of States, to
continue to hold broad-based consultations, within available financial resources,
with all Member States and interested regional and subregional organizations, on
further steps to enhance international cooperation in preventing, combating and
eradicating illicit brokering in small arms and light weapons, with a view to
establishing, after the 2006 review conference and no later than 2007, and after the
conclusion of the open-ended working group to negotiate an international
instrument to enable States to identify and trace, in a timely and reliable manner,
illicit small arms and light weapons, a group of governmental experts, appointed by
him on the basis of equitable geographical representation, to consider further steps
to enhance international cooperation in preventing, combating and eradicating illicit
brokering in small arms and light weapons, and requests the Secretary-General to
report to the General Assembly at its sixtieth session on the outcome of his
consultations;
6. Reaffirms the importance of ongoing efforts at the regional and
subregional levels in support of the implementation of the Programme of Action,
and invites all Member States that have not yet done so to examine the possibility of
developing and adopting regional and subregional measures, as appropriate, to
combat the illicit trade in small arms and light weapons in all its aspects;
7. Continues to encourage all initiatives to mobilize resources and expertise
to promote the implementation of the Programme of Action and to provide
assistance to States in its implementation;
8. Requests the Secretary-General to continue to collate and circulate data
and information provided by States on a voluntary basis, including national reports,
on the implementation by those States of the Programme of Action, and encourages
Member States to submit such reports;
9. Also requests the Secretary-General to report to the General Assembly at
its sixtieth session on the implementation of the present resolution, including any
outcome of the open-ended working group to negotiate an international instrument
to enable States to identify and trace, in a timely and reliable manner, illicit small
arms and light weapons;
10. Decides to include in the provisional agenda of its sixtieth session the
item entitled “The illicit trade in small arms and light weapons in all its aspects”. | [
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428390 | English
Original: French
00-76787 (E)
`````````
Preparatory Commission for the International
Criminal Court
Working Group on Financial Regulations and Rules
New York
27 November-8 December 2000
Proposal by Benin concerning regulation 8 of the draft Financial Regulations
contained in document PCNICC/2000/WGFIRR/L.1
1. The title of regulation 8 should be amended to read:
“Custody and management of funds”
2. Consequently, the regulation should be reformulated in order to involve the
President in the withdrawal of funds instead of having this financial operation be
performed exclusively by the Registrar. The following wording could be used:
“They are jointly managed by the Registrar and the President of the
Court.” | [
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439896 | United Nations S/2001/462
Security Council Distr.: General
9 May 2001
English
Original: French
01-36678 (E) 090501 090501
*0136678*
Note verbale dated 4 May 2001 from the Permanent Mission of
Burkina Faso to the United Nations addressed to the President
of the Security Council
The Permanent Mission of Burkina Faso to the United Nations presents its
compliments to the President of the Security Council and has the honour to inform
him, in implementation of Council resolution 1333 (2000) of 19 December 2000,
paragraphs 5 and 8 to 11, that Burkina Faso currently maintains no military or other
relationship with the Taliban regime in Afghanistan and does not intend to establish
such a relationship.
Furthermore, it should be noted that on 9 February 2001 the Government of
Burkina Faso issued a notice to importers and exporters prohibiting all activities
connected with the products referred to in resolution 1333 (2000), whether they are
of Afghan origin or of Afghan provenance.
The Permanent Mission of Burkina Faso would be grateful if the President of
the Security Council would have this note circulated as a document of the Council. | [
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473887 | United Nations A/55/482/Add.1
General Assembly Distr.: General
20 February 2001
Original: English
01-25712 (E) 010301
`````````
Fifty-fifth session
Agenda item 138 (b)
Financing of the United Nations peacekeeping forces in the
Middle East: United Nations Interim Force in Lebanon
Revised budget for United Nations Interim Force in
Lebanon for the period from 1 July 2000 to 30 June 2001
Report of the Secretary-General
Summary
By its resolution 55/180 of 19 December 2000, the General Assembly
appropriated the amount of $86,758,400 gross ($86,301,300 net) for the expansion of
the United Nations Interim Force in Lebanon (UNIFIL) for the period from 1 July
2000 to 30 June 2001, in addition to the amount of $146,833,694 gross
($141,889,841 net) already appropriated under the provisions of its resolution 54/267
of 15 June 2000. The total resources provided by the General Assembly for UNIFIL
for the period therefore amount to $233,592,094 gross ($228,191,141 net). This
appropriated amount was based on the force strength of 7,900 endorsed in a
statement by the President of the Security Council on behalf of the Council on 23
May 2000 (S/PRST/2000/18).
Shortly after the revised financing action taken by the General Assembly in
resolution 55/180, it was confirmed that the budgeted deployment of two battalions
would not take place. Subsequently, the Security Council, by its resolution 1337
(2001) of 30 January 2001, inter alia, extended the mandate of the Force to 31 July
2001 and endorsed the proposals contained in paragraph 24 of the report of the
Secretary-General of 22 January 2001 (S/2001/66), including, as a possible first stage
of the suggested reconfiguration of the Force, the return of UNIFIL to its previous
strength, before its augmentation in 2000 to about 4,500 troops, by 31 July 2001.
Based on these developments, the Secretary-General has taken the initiative to
immediately reduce the approved gross budget for UNIFIL by $26,437,900, to
$207,154,194, exclusive of budgeted voluntary contributions in kind amounting to
$180,000.
The action to be taken by the General Assembly are set out in paragraph 9 of
the present report.
Contents
Paragraphs Page
I. Introduction .......................................................... 1–8 3
II. Action to be taken by the General Assembly at the first part of its resumed fiftyfifth session .......................................................... 9 4
Annexes
I. Revised requirements for the period from 1 July 2000 to 30 June 2001: summary statement . . 5
II. Staffing requirements ............................................................ 7
I. Introduction
1. The original budget of the United Nations Interim Force in Lebanon (UNIFIL)
for the period from 1 July 2000 to 30 June 2001, as contained in document
A/54/724, amounted to $139,547,600 gross ($135,721,900 net), inclusive of
budgeted voluntary contribution in kind, and was based on an average troop strength
of 4,513 supported by 141 international and 350 local staff. The General Assembly,
by its resolution 54/267 of 15 June 2000, appropriated an amount of $146,833,694
gross ($141,889,841 net), inclusive of the mission’s pro-rated share of the support
account for peacekeeping operations and the United Nations Logistics Base at
Brindisi, Italy.
2. With the withdrawal of Israeli Defence Forces from Lebanon in May 2000, the
operational role of the Force changed significantly. The operational changes arising
from the expansion of the Force and their related implications were outlined in
paragraphs 31 to 34 of the report of the Secretary-General to the Security Council of
22 May 2000 (S/2000/460), which was subsequently endorsed by the Council in its
presidential statement of 23 May 2000 (S/PRST/2000/18).
3. On that basis, a revised budget for UNIFIL for the period from 1 July 2000 to
30 June 2001 was submitted on 13 October 2000 (A/55/482), which amounted to
$233,772,000, $86,758,400 (gross) ($86,301,300 net) higher than the original
appropriation. The additional requirements of $86,758,400 (gross) provided for
expansion of the Force based on an increase in troop strength to approximately
7,900 from the previous authorized level of 4,513 and an increase in the civilian
establishment by 81 posts (34 international posts and 47 local posts) in support of
the operational objectives and military component.
4. Taking into account the recommendation of the Advisory Committee on
Administrative and Budgetary Questions contained in its report on UNIFIL
(A/55/516, para.12), the General Assembly, by its resolution 55/180 of 19 December
2000, approved the revised budget for UNIFIL as proposed by the Secretary-General
without change.
5. However, after this financing action by the General Assembly, it was
confirmed that the budgeted deployment of two battalions early in 2001 would not
take place.
6. Moreover, in paragraph 24 of the report of the Secretary-General to the
Secretary Council of 22 January 2001 (S/2001/66), a number of proposals were
submitted, including, the extension of UNIFIL’s mandate for a period of six months,
in view of the situation in the region, and, as possible first stage of the suggested
reconfiguration of the Force, the return of Force strength to its previous level, before
its augmentation in 2000 to about 4,500, by 31 July 2001.
7. By its resolution 1337 (2001) of 30 January 2001, the Security Council
decided to extend the present mandate of UNIFIL for a further period of six months,
until 31 July 2001, and endorsed the general approach for the reconfiguration of
UNIFIL, as outlined in the report of the Secretary-General (S/2001/66, para. 24).
Furthermore, the Security Council requested that the Secretary-General take the
necessary measures to implement this decision, including taking into account the
upcoming rotations of the battalions in consultation with the Government of
Lebanon and the troop-contributing countries.
8. In view of these developments, the Secretary-General has taken the initiative
to immediately reduce the approved budget of $233,772,000 by $26,437,900, to
$207,334,100, including budgeted voluntary contributions in kind of $180,000. This
reduction of $26,437,900 includes reductions under troop costs ($22,104,800),
civilian personnel costs ($2,020,900) and staff assessment ($228,600) as a result of
the suppression of 31 civilian posts, and under operational requirements
($2,083,600). The as yet unquantified cost of the repatriation of certain contingents
and their contingent-owned equipment will be met from within this reduced budget
level.
II. Action to be taken by the General Assembly at the first part
of its resumed fifty-fifth session
9. The actions to be taken by the General Assembly at the first part of its
resumed fifty-fifth session in connection with the financing of UNIFIL are as
follows:
(a) To reduce the appropriation provided under General Assembly
resolutions 54/267 and 55/180 for the maintenance and expansion of the Force
for the 12-month period from 1 July 2000 to 30 June 2001 to the amount of
$207,154,194 gross ($201,981,841 net), inclusive of the amount of $6,967,059
gross ($5,895,590 net) for the support account for peacekeeping operations and
the amount of $1,089,216 gross ($969,161 net) for the United Nations Logistics
Base;
(b) To reduce the apportionment provided by General Assembly
resolutions 54/267 and 55/180 for the period from 1 February to 30 June 2001
to the amount of $70,892,138 gross ($68,870,345 net), taking into account the
amount of $136,262,056 gross ($133,111,496 net) already apportioned for the
period from 1 July 2000 to 31 January 2001.
revised
revised
revised
6
7
8
9
10
11
12 | [
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533349 | UNITED
NATIONS
Distr.
LIMITED
FCCC/SBSTA/2004/L.7/Add.1
24 June 2004
Original: ENGLISH
SUBSIDIARY BODY FOR SCIENTIFIC AND TECHNOLOGICAL ADVICE
Twentieth session
Bonn, 16–25 June 2004
Agenda item 3 (e)
Methodological issues
Issues relating to Articles 7 and 8 of the Kyoto Protocol
Draft conclusions proposed by the co-chairs of the contact group
on agenda item 3 (e)
Addendum
Recommendation of the Subsidiary Body for
Scientific and Technological Advice
The Subsidiary Body for Scientific and Technological Advice (SBSTA), at its twentieth session,
decided to recommend the following draft decision for adoption by the Conference of the Parties at its
tenth session.
Draft decision -/CP.10
Issues relating to the technical review of greenhouse gas inventories of Parties
included in Annex I to the Convention and the implementation of Article 8 of
the Kyoto Protocol
The Conference of the Parties,
Recalling Article 12, paragraph 9, of the Convention and decisions 23/CP.7, 19/CP.8, 12/CP.9
and 21/CP.9,
Having considered the relevant recommendations of the Subsidiary Body for Scientific and
Technological Advice,
1. Requests Parties included in Annex I to the Convention (Annex I Parties) whose
inventories contain information that is designated as confidential to provide this information during
centralized and in-country reviews, at the request of an expert review team, in accordance with the code
of practice for the treatment of confidential information adopted by decision 12/CP.9;
2. Requests the secretariat to facilitate timely accessby expert review teams to information
during these reviews, in accordance with the code of practice for the treatment of confidential
information adopted by decision 12/CP.9;
3. Decides that an Annex I Party may, at its discretion and in cooperation with the
secretariat, make confidential inventory information available to expert review teams during those
periods in which experts are neither present in the country under review nor at the offices of the
secretariat, through appropriate procedures, provided that these procedures do not entail additional
financial costs for the secretariat. A Party’s decision not to submit confidential information in those
periods does not constitute an inconsistency with the reporting requirements relating to Annex I Parties’
greenhouse gas inventories;
4. Requests the secretariat to avoid the organization of further desk reviews for those
Annex I Parties where it is known that the expert review team could not access confidential information
requested during a desk review, and instead subject those Parties to centralized or in-country reviews, to
the extent that resources permit;
5. Recommends that the Conference of the Parties serving as the meeting of the Parties to
the Kyoto Protocol at its first session adopt draft decision -/CMP.1 (Issues relating to the implementation
of Article 8 of the Kyoto Protocol) below.
Draft decision -/CMP.1
Issues relating to the implementation of Article 8 of the Kyoto Protocol
The Conference of the Parties serving as the meeting of the Parties to the Kyoto Protocol,
Recalling decisions 23/CP.7, in particular paragraph 9 of the annex to draft -/CMP (Guidelines
for review under Article 8 of the Kyoto Protocol) attached to that decision, 12/CP.9 and 21/CP.9,
Having considered decision -/CP.10,
1. Decides that the content of the paragraphs 1 to 4 of decision -/CP.10 relating to access to
confidential information by inventory expert review teams for the technical review of greenhouse gas
inventories of Parties included in Annex I to the Convention (Annex I Parties), shall apply and be given
full effect for the reviews of inventories under Article 8 of the Kyoto Protocol;
2. Decides that the expert review team shall note in the review report the relevant
information requested by the expert review team, that was designated as confidential by the Annex I
Party, to which it did not have access;
3. Decides that, as an exception to paragraph 10 of the technical guidance on
methodologies for adjustments annexed to decision -/CMP.1 (Technical guidance on methodologies for
adjustments under Article 5, paragraph 2, of the Kyoto Protocol) attached to decision 20/CP.9, an expert
review team may recommend, on the basis of review of inventory information of an Annex I Party that is
designated as confidential by this Party, the retroactive application of an adjustment for the relevant
years of the commitment period, for which a review team was not given opportunities to access the
confidential information in question, as noted in previous review reports;
4. Decides that, with respect to any adjustments applied retroactively in accordance with
paragraph 3 above, only the adjustment applied for the current inventory year under review shall be
relevant for the eligibility requirements laid out in paragraph 3 (e) of draft decision -/CMP.1 (Guidelines
for the preparation of the information required under Article 7 of the Kyoto Protocol) attached to
decision 22/CP.7;
5. Decides that, for the inventory submitted for the final year of the commitment period, all
Annex I Parties shall be subject to in-country or centralized reviews.
- - - - - | [
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569531 | United Nations A/60/704
General Assembly Distr.: General
1 March 2006
English
Original: Spanish
06-25823 (E) 030306 060306
*0625823*
Sixtieth session
Agenda items 71 and 118
Human rights questions
United Nations reform: measures and proposals
Letter dated 1 March 2006 from the Permanent Representative of
Cuba to the United Nations addressed to the Secretary-General
I have the honour to transmit the statement of the Ministry of Foreign Affairs
of Cuba (see annex).
The document condemns the threat of the United States delegation to request a
vote on, and vote against, the draft resolution officially submitted by the President
of the General Assembly to establish modalities for the Human Rights Council, even
though it had been meticulously composed and was the product of behind-thescenes negotiations aimed precisely at accommodating the main requirements of the
United States of America, despite the knowledge that those requirements would not
have the majority support of the Member States of the United Nations.
The truth about this new attack on multilateralism, the United Nations and the
peoples of the South must be made known. Cuba warns that it will not be an
accomplice to another incipient shady deal. It is vital at this time to stand up for
justice, international law and much-needed international cooperation in promoting
and protecting all human rights for all individuals.
I should be grateful if this letter and its annex could be circulated as a
document of the General Assembly in connection with agenda items 71 and 118.
(Signed) Rodrigo Malmierca Díaz
Permanent Representative of Cuba to the United Nations
Annex to the letter dated 1 March 2006 from the Permanent
Representative of Cuba to the United Nations addressed to the
Secretary-General
Statement of the Ministry of Foreign Affairs of Cuba
28 February 2006
We are witnessing a new strike against multilateralism and the United Nations.
The United States of America has threatened to request a vote on, and vote against,
the draft resolution put forward on Thursday, 23 February by the President of the
General Assembly of the United Nations to establish modalities for the Human
Rights Council, the body destined to replace the current Commission on Human
Rights. As is well known, the Commission on Human Rights was brought down by
discredit because the Bush Administration and its allies and accomplices in the
European Union politically manipulated its operation.
Yesterday — Monday, 27 February — the United States Ambassador to the
United Nations, acting on orders from the hawks in the White House which went
against the wishes of no less a body than the United States Congress, said that he
had been instructed to reopen negotiations on the draft resolution, adding that, if
attempts were made to adopt it in its existing form, he would ask for it to be put to
the vote, and would vote against it.
Ironically, the draft resolution, due to be circulated today, 28 February, had
been meticulously composed and was the product of behind-the-scenes negotiations
with Washington’s representatives aimed precisely at accommodating the superPower’s main requirements, despite the knowledge that those requirements would
not have the majority support of the Member States of the United Nations.
Throughout the months of this process, the United States of America and its
allies have placed enormous pressure on many third-world Governments, aiming to
break their resistance to this new conspiracy. The Cuban Mission to the United
Nations warned of the danger of this ploy in a press release of 20 February 2006.
Blackmail is the Bush Administration’s only “argument”. Its theories do not
withstand debate. What kind of Human Rights Council is the United States of
America trying to impose?
• One with membership requirements and conditions of a kind which would
keep out any country in the front line of resistance to the aggression and
hegemony of global imperialism. The United States of America is trying to
convince everyone that the Commission on Human Rights was discredited
because it included countries such as Cuba, even though quite the opposite is
true, as everyone knows: Washington and the members of the European Union
destroyed the Commission’s credibility through politically motivated
manoeuvring, including the unfair campaign against Cuba. We should
remember that the United States was not elected to the Commission on Human
Rights in 2001, in a protest vote by most of the world against its pressure and
manipulation;
• One with fewer than the 53 members of the Commission on Human Rights.
The United States claims to be aiming for a more manageable body, in other
words, a smaller entity in which United States pressure can be focused on
fewer members,with greater impact and effect. In other words, it wants a
Human Rights Council that it can manage more easily, one without countries
which, like Cuba, call a spade a spade and defend the principles and dignity of
peoples above all else;
• One in which candidate countries are forced to have the support of two thirds
of the members of the General Assembly in order to succeed. This is an
attempt by the United States of America to ensure that, with the complicity
and support of a clear minority consisting of its close allies and those who
bend to its will, it has a de facto power of veto over candidates which impede
its desire for control over the Council’s work. Imposing that requirement,
which applies only to election to the principal organs of the United Nations —
and the Human Rights Council is not a principal organ — would enable a
minority of 64 States to bar any candidate from membership;
• One with wide punitive powers and substantial ability to impose penalties on
the countries of the South, running counter to the pursuit of international
cooperation in the field of human rights which the Charter of the United
Nations assigns to the institutions responsible for such matters. The United
States of America and the European Union will continue within the new
Human Rights Council their customary political manipulation against the
peoples of the developing world. Not for nothing do they refuse even to
consider establishing clear criteria, to apply equally to all, when presenting
resolutions regarding individual countries;
• One in which any member resisting the manoeuvring and pressure of the
empire would be at permanent risk of having its rights suspended, thanks to
the super-Power’s pride, bitterness and arrogance;
• One which has close ties to the Security Council, an anti-democratic body on
which the United States of America, as the sole super-Power, imposes its
conditions;
• One with no explicit mandate to give priority attention to implementing the
right to development, a demand vital to most of humanity. One which cannot
adopt effective decisions against racism, racial discrimination, xenophobia and
related forms of intolerance. One which focuses on civil and political rights in
the way Washington understands them and one which, moreover and among
other things, is used to legitimize torture, a practice which Washington
theorists and hawks have spent so much time justifying.
Does the draft resolution put forward go against Washington’s interests? Quite
the opposite. The draft enshrines the drop in membership of the main human-rights
body of the United Nations from 53 to 47; it increases the minimum number of
votes needed to elect a candidate to 96, and it retains the option to impose
resolutions against the countries of the South without adhering to any condition or
criterion. It also allows members of the Council to be suspended with the support of
two thirds of those present and voting at a meeting of the General Assembly,
without establishing a threshold; it opens up the possibility that countries of the
South may in future face not only the permanent threat of being condemned through
a resolution, but also of having their rights in the Council suspended; it gives the
Council the ability to respond rapidly to so-called human-rights emergencies which,
according to the self-appointed masters of the world, only happen in the South. That
ability does not, however, apply to the serious, large-scale and sustained violations
of human rights at the Guantánamo base detention centre, to the brutal torture at
Abu Ghraib or to using secret Central Intelligence Agency flights to transport
detainees for torture through democratic and civilized Europe; it enables special
sessions of the Council to be called on the basis of the minority wish of one third of
its members.
Does the draft resolution put forward by the President of the General
Assembly favour the interests of the developing countries, to the detriment of
Washington’s desires? Absolutely not. Not one of the 28 paragraphs of the draft
relates to concrete action to help overcome the current international order’s
obstacles to guaranteeing human rights for all, as article 28 of the Universal
Declaration of Human Rights establishes. Not a single paragraph is entirely devoted
to the right to development. The right to solidarity is entirely neglected. The draft
resolution similarly fails to give peoples’ right to peace the universal recognition it
deserves.
The fundamental problem is not that the draft resolution put forward opposes,
is incompatible with or simply fails to secure the interest in stability, credibility and
legitimacy required by the scheme for global dominance established by the
imperialist circles that hold power in the United States of America. The real aim of
the final onslaught by the current United States Administration in the negotiations
on the Human Rights Council is to translate into action, by means including the
crudest blackmail, its desire and ability to impose its conditions on the ongoing
reform and reshaping of the international system represented by the United Nations.
The neo-conservatives in the Bush Administration have already begun a headlong
rush to bring about the plan for world dominance contained in what is termed the
Project for the New American Century.
Washington did not care about placing its European Union allies and
accomplices once again in the ridiculous position of subordinating themselves to,
and mirroring the actions of, the super-Power. Despite having said publicly that they
were preparing to force through with great haste a draft resolution composed to
accommodate Washington’s unpopular demands and their own interests, which are
just as spurious as those of their strict guardian, they hurriedly declared, as soon as
Bolton’s threatening statements became public, that if the United States stuck to its
position, the establishment of the Human Rights Council should be postponed.
A number of European Union authorities have already stated that “it is not
desirable to create a Council without the support of all the democracies of the
world; therefore we have to try to attract the United States to our side”.
The empire’s European allies must already be hard at work trying to force the
rest of the world into further concessions to satisfy the Bush Administration’s thirst
for dominance and pillage.
Ultimately, their ideological and political interests coincide with those of
Washington, which has worked to convince them that their aims could never be
achieved in Geneva without United States support.
In manipulating the universal interest in strengthening multilateralism,
Washington, its allies and other Governments which are vulnerable to United States
pressure are trying to continue to impose their conditions and force the rest of the
world to back down from the vital task of defending the central principles of the
international system.
Multilateralism can only work on the basis of respect for the sovereign
equality of States. A United Nations which allowed the super-Power to do as it
wished in order to fulfil its desires for hegemony and its selfish interests would not
be viable.
Cuba has played an active role in the debate on the reform of the Commission
on Human Rights in a spirit of constructiveness and total transparency. At each
stage of the process, it has put forward a number of proposals, many supported by
existing language from the World Conference on Human Rights held in Vienna in
1993, or from successive Commission on Human Rights or General Assembly
resolutions.
Cuba will continue its efforts to ensure that the aspects which were
disregarded unfairly and against the will of most of the countries of the South are
duly included in the draft resolution on which the General Assembly will be called
upon to give its views. Such omissions seriously damage the chances of
guaranteeing the establishment of a Human Rights Council which operates through
genuine dialogue.
Cuba has worked hard to prevent the serious problems which undermined the
credibility of the Commission on Human Rights from being transferred to the
Human Rights Council. It will not be an accomplice to the silent conclusion of a
new, incipient, shady deal between Washington and its main Western allies against
the interests of the peoples of the South.
Cuba will keep up its principled condemnation of this new attack on the
international system and the interests of the peoples of the South, and, as the
circumstances demand, will act to defend justice, international law and muchneeded international cooperation in promoting and protecting all human rights for
all peoples and individuals. | [
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577066 | United Nations E/2006/NGO/36
Economic and Social Council Distr.: General
16 May 2006
Original: English
06-35441 (E) 140606
*0635441*
Substantive session of 2006
Geneva, 3-28 July 2006
Item 2 of the provisional agenda*
Creating an environment at the national and
international level, conducive to generating full
and productive employment and decent work for
all, and its impact on sustainable development
Statement submitted by Jigyansu Tribal Research Centre,
a non-governmental organization in consultative status with
the Economic and Social Council
The Secretary-General has received the following statement, which is being
circulated in accordance with paragraphs 36 and 37 of Economic and Social Council
resolution 1996/31.
* E/2006/100.
Statement
Jigyansu Tribal Research Centre (JTRC) has been reaching out since the seventies
to marginalized and economically under privileged people, living in Rural Areas, Tribal
Areas and remote Areas. Hence, its efforts in Socio-Economic Development in such
areas have always included eradication of poverty and hunger, for the past three decades.
Accordingly, JTRC has included the process of education (Formal and Non-Formal),
Capacity Building and Training in income generation and Socio-Economic Initiatives,
Skill Development and Career Education for Youth and Women; as well as creating
linkages for Traditional Craftsmen, Capacitated Volunteers and other Employable and
Self-Employable Youth, Women and Men in such remote Areas; with Financial
Institutions, Marketing Infrastructure as well as Skilled Management of Small SelfEmployment Units, known as Mahila Mandals, Youth Forums, Self-Help Groups and
Civil Society alternatives.
JTRC has been working for the development and welfare of Scheduled Tribes,
Scheduled Castes and other Backward Classes and the Economically Marginalized;
through its 11 branches and about 30 Project Offices in India in Andhra Pradesh, Bihar,
Jharkhand, Himachal Pradesh, Madhya Pradesh, Chattisgarh Jammu and Kashmir,
Maharashtra, Gujarat, Rajasthan, Delhi and the North Eastern Himalayan States of
Assam, Arrunachal Pradesh, Meghalaya, Manipur, Tripura, Nagaland, Mizoram and
Sikkim. Since its inception in 1979; JTRC has worked with 55 lakh ST/SC people and
about 5 lakh children through its Research and Evaluation Division, Training and
Capacity Building Division, Sustainable Development Division and
Communication/Publication Division.
JTRC has worked in a big way with Child Workers for the past two decades. The
social inequality of child labour has continued as an aftermath of factors like
colonization, Agricultural Economy with undefined land holding system resulting in
higher number of landless workers, lack of developing base line economic structure for
the uneducated and semi-educated masses living in the Rural, remote areas. Unequal
distribution of resources and capital assets, redundant or non-functioning capacity
building and training infrastructure; as well as absence of credit and marketing linkages in
such countries. Working children, mainly come under the unorganized system of contract
labour, free labour, low wages in the Agriculture sector, family business and land
holdings as well as small business units in economically vulnerable remote areas.
JTRC has taken this cause in a big way, by organizing Educational and Economic
Rehabilitation Projects for child workers, street children, Rag-Picker Children and
Bonded Child Labour through Non-Formal Education, Mainstreaming, and Support
Service to avoid dropouts and skill development as well as career education. JTRC has
also conducted regular dialogues through community programmes, Out Reach Area
discussions, Seminars, Workshops and Conferences.
Vision and Future Plan:
JTRC would like to add alternative income generation, Entrepreneurship
Development, Skill Development Technical Education etc. and a strong
Employment/Self-Employment information and placement infrastructure to this effort. | [
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497683 | United Nations S/2003/648
Security Council Distr.: General
13 June 2003
Original: English
03-40021 (E) 190603
*0340021*
Letter dated 11 June 2003 from the Chairman of the Security
Council Committee established pursuant to resolution 1373 (2001)
concerning counter-terrorism addressed to the President of the
Security Council
I refer to my letter of 7 March 2003 (S/2003/308) transmitting a supplementary
report from Nigeria submitted to the Counter-Terrorism Committee pursuant to
paragraph 6 of resolution 1373 (2001).
The Counter-Terrorism Committee has considered the report carefully with the
assistance of its experts and has written to the Permanent Representative of Nigeria
to the United Nations to set out its preliminary comments. Nigeria has been
requested to provide a response in the form of a third report by 8 September 2003.
I should be grateful if you could arrange for the present letter to be circulated
as a document of the Security Council.
(Signed) Inocencio F. Arias
Chairman
Security Council Committee established pursuant to
resolution 1373 (2001) concerning counter-terrorism | [
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537930 | UNITED
NATIONS E
Economic and Social
Council
Distr.
GENERAL
E/CN.4/2005/63
10 December 2004
Original: ENGLISH
COMMISSION ON HUMAN RIGHTS
Sixty-first session
Items 6, 7, 10, 12, 13, 14 and 15 of the provisional agenda
RACISM, RACIAL DISCRIMINATION, XENOPHOBIA
AND ALL FORMS OF DISCRIMINATION
THE RIGHT TO DEVELOPMENT
ECONOMIC, SOCIAL AND CULTURAL RIGHTS
INTEGRATION OF THE HUMAN RIGHTS OF WOMEN
AND THE GENDER PERSPECTIVE
RIGHTS OF THE CHILD
SPECIFIC GROUPS AND INDIVIDUALS
INDIGENOUS ISSUES
Written submission by the World Health Organization (WHO)*
The World Health Organization welcomes the opportunity to provide written input to the
Commission on Human Rights concerning WHO initiatives and activities of relevance to the
agenda of the Commission’s sixty-first session. Given the number of relevant WHO activities,
this document has selected examples of ongoing work of relevance to items 6, 7, 10, 12, 13, 14
and 15 of the Commission’s provisional agenda.
* Reproduced in the annex as received, in the language of submission only.
GE.04-16835 (E) 211204
Annex
United Nations Commission on Human Rights
Sixty-first session
Written submission by theWorld Health Organization
(WHO)
Items 6, 7, 10, 12, 13, 14 and 15 of the provisional agenda
General Information.......................................................................................................4
The relationship between health and human rights....................................................4
WHO’s health and human rights work areas .............................................................4
Agenda item 6: Racism, racial discrimination, xenophobia and all forms
of discrimination ............................................................................................................4
Agenda item 7: The right to development .....................................................................5
Agenda item 10: Economic, social and cultural rights ..................................................6
The right to health......................................................................................................6
Agenda item 12: Integration of the human rights of women and the gender
perspective: ....................................................................................................................7
Agenda item 13: Rights of the child ..............................................................................9
Agenda item 14: Specific groups and individuals .......................................................10
a) Migrant workers...................................................................................................10
d) Other vulnerable groups and individuals.............................................................11
Persons with disabilities...........................................................................................11
HIV/AIDS ................................................................................................................13
Agenda item 15: Indigenous issues..............................................................................13
General Information
The relationship between health and human rights
The enjoyment of the highest attainable standard of health is one of the fundamental
rights of every human being, as enshrined in WHO's constitution adopted over 50 years
ago.1
WHO recognizes that there are complex linkages between health and human rights:
• Violations or lack of attention to human rights can have health consequences;
• Health policies and programmes can promote or violate human rights in the ways
they are designed or implemented;
• Vulnerability and the impact of ill health can be reduced by taking steps to respect,
protect, and fulfil human rights.
WHO’s health and human rights work areas
WHO is actively strengthening its focus on human rights and has identified five broad
areas of work for 2005-6, as follows:
1. Develop a WHO health and human rights strategy
2. Enhance the knowledge base of rights-based approaches to development and their
application to health
3. Develop tools to integrate human rights in health development policies and
programmes
4. Strengthen WHO's capacity to adopt a human rights-based approach in its work
through policy development, research and training.
5. Advance the right to health in international law and international development
processes through advocacy, input to UN mechanisms and development of indicators.
Agenda item 6: Racism, racial discrimination, xenophobia and all forms of
discrimination
Since 1999, PAHO2
has been carrying out activities on the issue of racism, racial
discrimination, xenophobia and all forms of discrimination3
at its Headquarters (HQ) and
Representative Offices (PWRs). Work has mainly focused on the health of indigenous
peoples and the Afro-descendants community, as part of the mandates arising from the
Durban Declaration and Programme of Action following the World Conference against
Racism, Racial Discrimination, Xenophobia and Related Intolerance, August 2001.
1 Basic Documents, Forty-third Edition, Geneva, World Health Organization, 2001. The Constitution was adopted
by the International Health Conference in 1946.
2
Regional Office for the Americas/Pan American Health Organization (AMRO/PAHO).
3
For issues specifically related to stigma, discrimination and HIV/AIDS, please refer to page 10.
Core areas of work include:
(1) To increase coordination with relevant stake-holders to follow-up on the Millennium
Summit Declaration with the purpose of producing indicators that account for ethnic
sensitivity corresponding to the Millennium Development Goals (MDGs).
(2) To collaborate with the institutions in charge of obtaining statistical information and
with ministries of health to introduce ethnic variables into the national statistics.
(3) To collect and disseminate best practices in the field of information and organization
of services.
(4) To support ministries of health in designing policy plans and health programs which
are sensitive to ethnicity.
(5) To promote the introduction of an ethnic perspective in the health plans of the poverty
reduction strategies (PRSP) in implementing countries.
Agenda item 7: The right to development
WHO is committed to the Millennium Declaration and work on the MDGs is an integral
part of its core activities4
, which includes:
1. Design of indicators - WHO has worked with other organisations of the United
Nations system and with the Department of Economic and Social Affairs to identify
indicators associated with each health-related goal and target.
2. Reporting – WHO shares lead-agency responsibility with UNICEF for reporting on
child mortality, maternal health, childhood nutritional status and immunization
coverage, malaria-prevention measures and access to clean water; WHO and
UNAIDS collaborate in the achievement of HIV-prevention targets. Country
consultation for the validation of data on Development Goals will take place in
partnership with UNICEF, UNDP, and UNFPA. WHO, as the lead authority for
health content of the Development Goals within the United Nations system country
team, will play an important role in the country consultative process and in ensuring
that conflicting health data are not reported through parallel channels. All levels of
the Organization will collaborate closely at each of the steps of the reporting
process5
.
4 WHO’s commitment to the MDG was reaffirmed by resolution WHA55.19 (World Health Assembly
Resolution ‘WHO’s contribution to achievement of the development goals of the United Nations
Millennium Declaration’, May 2002).
5
! Setting data quality standards: WHO is taking the lead in implementing a validation process for health
information that guarantees five quality criteria for core health indicators5
.
! Developing measurement tools, maintaining a data-collection platform, and strengthening the capacity
to generate and use the information. WHO builds on ongoing work to improve local capacities to
conduct surveys and to analyse and use the data generated by the World Health Survey.
! Consulting with countries. Several country-consultation initiatives will merge in order to establish a
consolidated WHO process for the validation of country–based data.
! Reviewing and validating the data. WHO will provide corporate support in the final analysis,
inventory, cataloguing, validation and release of all WHO-generated data. WHO’s validation of health
data for the MDG’s will be undertaken through global peer review.
! Disseminating Data. Data will be made available through WHO’s country web sites and the World
Health Report.
3. Health and Poverty – The MDGs help to shape WHO’s work on health and poverty,
which aims to identify pro-poor health interventions and to convince policy-makers
of the benefits of investing in health, including reproductive health. WHO will
provide support to countries for building capability to analyse data from all available
surveys and to provide evidence on matters related to inequality and its determinants.
Sound comparative data on the costs and benefits of interventions is needed for
priority-setting and decision-making: at the microeconomic level, to estimate the
costs of health care to individuals and families; at the macroeconomic level, to
demonstrate the relationship between health interventions, poverty reduction and
socioeconomic development. WHO also promotes the inclusion of the MDGs in the
health component of relevant department frameworks and such instruments as
Poverty Reduction Strategy Papers.
There is a growing recognition that achieving the MDG’s will require a significant
increase in resources for health. WHO continues to be a strong and vocal advocate of
additional resources for the health sector, and to provide estimates of the resource needs.
Agenda item 10: Economic, social and cultural rights
The right to health
In recent years, WHO has strengthened its work on health and human rights. In 2005-
2006, WHO is focusing on the process of developing an Organization-wide health and
human rights strategy , which will serve as a policy platform for WHO and ensure that
human rights become further "institutionalized" in our everyday work.
WHO is actively working to increase awareness and understanding of the scope, content
and application of the right to health (shorthand for "the right to the highest attainable
standard of physical and mental health"). Training for WHO staff on health and human
rights was initiated in 2002 and has continued in 2003 and 2004. Recently, consultations
on health and human rights took place between WHO headquarters, regional and country
offices.
As part of basic building-blocks to develop a solid foundation for WHO’s emerging work
on health and human rights, a global database on health and human rights actors has been
developed and is now available on the website. WHO is also undertaking a global study
to assess the extent that the right to health has been enshrined in national constitutions
and other legislative frameworks, as well as developing an annotated bibliography on
health and human rights.
A workshop was convened in April 2004 to advance the process of identifying relevant
right to health indicators. The importance of bringing multi-disciplinary actors in health
and human rights together and of seeking common ground on how to monitor the right to
health was emphasized, and both public health experts and human rights practitioners
were invited. This work will continue with a series of consultations planned over the next
couple of years.
WHO regularly makes use of opportunities to articulate health as a human right and
advance other health-related rights on the international human rights agenda, as well as
the broader development agenda. This includes streamlining and co-ordinating WHO’s
input to the UN human rights treaty bodies, collaborating with, and supporting the work
of, the Special Rapporteur on the right of everyone to the enjoyment of the highest
attainable standard of physical and mental health, and participating in the annual sessions
of the Commission and Sub-Commission on Human Rights.
Agenda item 12: Integration of the human rights of women and the gender
perspective
Although a number of achievements have been made over the last 10 years since the
Fourth World Conference on Women regarding women's status, such as the increasing
recognition of women’s specific health needs, a number of challenges still remain.
Although there is greater awareness of the barriers women face in accessing health
services, women in many countries, particularly in rural areas, find it very difficult to
obtain the health care they require. Gender inequality greatly affects the ability of women
and girls around the world to realize their right to the highest attainable standard of
mental and physical health. WHO is deeply concerned about the impact of gender
equality on women's health and use of health care. Therefore, in addition to integrating
gender issues into the various policies and programmes of the Organization, WHO is
working on specific projects that address women's health and human rights. For example,
WHO is developing a reference guide on CEDAW to assist WHO staff and national level
partners in addressing women's health issues in the various CEDAW processes. WHO is
also working on specific public health issues that have strong inequality dimensions and
greatly affect the health and wellbeing of women and girls.
Women and HIV/AIDS
Gender based inequalities put women and girls at increased risk of acquiring HIV and
also affect women's access to and interaction with health services, including those for
HIV prevention and AIDS care. Therefore, the goal of WHO's work on gender and
HIV/AIDS is to improve knowledge of and the response to the impact of gender
inequality on HIV prevention, treatment, care and support by developing practical
guidance on how HIV/AIDS policies and programmes can address and monitor these
issues effectively. This will improve the coverage and quality of the diverse types of
HIV/AIDS programming and best address the needs of both women and men as well as
young girls and boys. In addition, as equity in access to HIV treatment is a critical
element of the WHO/UNAIDS '3 by 5' initiative (that seeks to provide 3 million people
with anti-retroviral therapy by 2005) WHO is working to ensure that gender inequality
issues that can hinder access to AIDS treatment and care are addressed in the scaling up
of AIDS services so that women have equitable access to ARVs and AIDS care services.
Violence against Women
Violence against women still affects millions of women around the world and adversely
impacts both mental and physical health, as well women's productivity and ability to
participate as active members of society. Therefore, WHO is working on a number of
activities to address the different aspects of violence against women.
The WHO Multi-country Study on Women's Health and Domestic Violence is the
first study to gather data on the prevalence of violence against women and women's
health that is comparable across countries. The results of the study will be used in
countries and globally to generate policies and strategies to respond effectively to this
important public health and human rights issue. In addition, the WHO is hosting a sexual
violence research initiative (SVRI) supported by the Global Forum for Health Research
and other partners. The SVRI aims to build an experienced and committed network of
researchers, policy makers, activities and others to ensure that sexual violence is
addressed from the perspective of different disciplines and with a multicultural outlook.
The SVRI will enable approaches and interventions to combat sexual violence against
women to be documented, evaluated and shared, research and evaluation methodologies
to be developed and successful programmes to be implemented.
WHO is also developing normative guidance on improving the health sector
response to violence against women. For example, Guidelines for medico-legal care for
victims of sexual violence are currently being pilot tested in several countries. These
guidelines are designed to enable health workers to provide comprehensive care for the
medical and psychological needs of survivors of sexual assault and to carry out
appropriate forensic examinations. Guidelines are also being developed for management
of sexual violence in emergency settings.
The intersections between violence and HIV infection in women and girls are
being increasingly documented and are cause for great concern. Therefore, WHO is
working closely with UNAIDS, UNIFEM and many NGOs on this issue and, along with
the Center for Women's Global Leadership (CWGL), is a co-convener for the Global
Coalition on Women and AIDS' theme on Violence Against Women and its links to
HIV/AIDS.
Sexual and reproductive health and human rights
There is increasing recognition that achievement of the MDGs, and of the ICPD and
FWCW targets related to sexual and reproductive rights, requires governments to take
both immediate and progressive steps to respect, protect and fulfil the human rights of
their population. Therefore, WHO is continuing to pay special attention to promoting and
protecting human rights related to sexual and reproductive health. WHO develops and
evaluates strategies and mechanisms for promoting gender equality and human rights in
reproductive health research, programming and technical support and supports countries
to ensure that reproductive health programmes and policies respect, protect and fulfil
human rights and promote gender equality.
In the area of technical assistance to countries, a human rights tool, Using human
rights for maternal and newborn health: a tool for strengthening laws, policies and
standards of care, has been designed to facilitate a multi-disciplinary analysis of the
legal, policy and health system determinants of maternal and neonatal mortality and
morbidity and the interventions to address them. Regarding regional and national
capacity building, a training manual on gender and rights, Transforming health systems:
gender and rights in reproductive health, has been developed and used in several regions
to train health programme managers to enable them to develop policies and programmes
that address gender inequalities and the respect, protection and fulfilment of human
rights. The extensive work with the Human Rights Treaty Monitoring Bodies aims to
ensure that sexual and reproductive health and rights issues are included in the
Committees' concluding observations so that WHO Regional and Country Offices can
use this mechanism for supporting country-based programmes.
Agenda item 13: Rights of the child
Currently, an estimated 10.8 million children under the age of five, and close to 1.5
million adolescents continue to die each year, mainly due to causes which are either
preventable or treatable. Following the adoption of the Strategic directions for improving
the health and development of children and adolescents, by the 56th World Health
Assembly in May 2003, WHO has continued unabated to support countries in reducing
infant and child mortality, and to address adolescent health and development. WHO has
stepped up its efforts to increase political and financial commitment among its Member
States and partners, and to provide technical assistance through policy development and
accessible and cost-effective interventions. Taking a leadership role in defining and
addressing child health inequities, WHO and the World Bank produced a background
paper that spells out the approaches of both agencies in relation to child health and
poverty. Together with a group of international partners, WHO worked to revitalize child
survival efforts in order to assist governments in reaching the MDGs for reducing child
mortality, and included the creation of the Global Partnership for Child Survival.
Following the adoption in 2002 of the Global Strategy for Infant and Young Child
Feeding by the World Health Assembly and the UNICEF Executive Board,
implementation efforts have started in all Regions. Planning meetings at sub-regional or
national level have led to the adoption of the WHO recommendation on the optimal
duration of exclusive breastfeeding for 6 months, renewed interest in revitalising the
BFHI and the International Code of Marketing of Breast-milk Substitutes and subsequent
relevant World Health Assembly resolutions, and accelerated training of health workers.
Since 2002, WHO and partners have developed a set of tools on HIV and infant feeding
for policy-makers, health care managers, researchers and health care providers. Work is
under way on a set of indicators for complementary feeding to provide guidelines for
local adaptation and planning, and guiding principles for non-breastfed children 6-24
months. A Planning Framework for supporting the implementation of the Global Strategy
will be ready in 2005.
Tens of thousands of children are killed by violent acts every year. Among children under
15, those aged zero to four are at highest risk of being murdered. For every child killed
by violence, countless others are injured - even disabled - and suffer psychological
consequences that can last well into adulthood. WHO is an active partner in the
Secretary-General’s Study on Violence against Children and welcomes the Study as an
opportunity to engage States in dialogue on violence prevention as a means of fulfilling
children's rights. In collaboration with the International Society for the Prevention of
Child Abuse and Neglect, WHO has been developing a framework for the prevention of
child maltreatment. The framework takes a health and human rights approach and seeks
to involve the health, legal and social sectors in promoting a systematic and evidencebased approach in their responses to child maltreatment. The framework has undergone
peer review and will be released in 2005. In 2004, WHO published a tool that will aide
States’ efforts to prevent and respond to child maltreatment: Preventing violence, a guide
to implementing the recommendations of the World report on violence and health. The
document provides conceptual, policy and practical suggestions on how to implement
each of the six country-level recommendations of the World report on violence and
health. These recommendations target risk factors common to multiple types of violence,
and accordingly their implementation should lead to reduced rates of child maltreatment.
WHO has advanced its work in the area of child and adolescent rights, and is aiming at
increasing its technical support to Member States in national and sub-national level
rights-based programming for child and adolescent health.
Training of government officials, health professionals and other partners continues at
country level, and further workshops were held in Indonesia, Maldives and Romania. The
workshops further advanced the understanding of how to develop tools and job-aids that
assist in rights and equity-sensitive planning and programming within the legal and
normative framework of the Convention on the Rights of the Child. Tools are currently
being finalized for rights-based programming for child health at district level, and for
adolescent sexual and reproductive health. Early application of these tools will take place
in early 2005. WHO also continued to provide technical input to the reporting process of
the United Nations Committee on the Rights of the Child, and assisted the Committee on
the development and adoption of a General Comment on Adolescent Health and
Development in the Context of the CRC. Technical workshops on the reporting process
and WHO assistance at country level are planned for 2005.
Agenda item 14: Specific groups and individuals
a) Migrant workers
Approximately 175 million people - not including the increasing number of irregular or
undocumented migrants- currently live temporarily or permanently outside their countries
of origin. They leave their homes in search for a better life or to avoid persecution and
discrimination. These people, often disadvantaged socially and economically at home,
normally find themselves even more vulnerable in the countries in which they arrive.
When undocumented, they often have no social safety nets and are unfamiliar with the
operation of health and other social services in their new country of residence. Migrants
often have to accept high-risk and low-paid jobs in order to survive and are, therefore,
susceptible to many more health risks than are nationals.
On the eve of the International Day of Migrants, WHO in conjunction with the
International Labour Office (ILO), the Office of the High Commissioner for Human
Rights (OHCHR), the United Nations High Commissioner for Refugees (UNHCR), the
International Organization for Migration (IOM), the International Centre for Migration
and Health (ICMH), the Ethical Globalization Initiative (EGI), December 18 and the
Instituto Mario Negri (IMN) launched the publication “International Migration, Health
and Human Rights”. This report draws attention to important human rights issues that
migration poses for health policy-makers. These issues include:
• The magnitude of, and reasons for, migration
• Migrating health professionals or “the brain drain"
• Forced migration and its health implications
• Detaining and screening at the borders
• Health and human rights issues of migrants once in the host country
• The most vulnerable categories of migrants
“International Migration, Health and Human Rights” also examines important topical
developments, including emerging infectious diseases such as Severe Acute Respiratory
Syndrome (SARS) and international trade agreements, including WTO’s General
Agreement on Trade in Services (GATS). It recognizes the global economic benefits of
liberalizing migration and urges that migration policies and programmes promote the
health and human rights of migrants.
d) Other vulnerable groups and individuals
By addressing discrimination on the basis of race, ethnicity, sex, religion and other
internationally recognized grounds, vulnerability to ill health can be reduced. The
grounds for non-discrimination in international human rights law have evolved and
expanded over time and in light of changing realities. Physical and mental disability, and
health status in general, including HIV/AIDS, have been explicitly incorporated in the list
of proscribed grounds for non-discrimination in health in General Comment on the Right
to Health adopted by the Committee on Economic, Social and Cultural Rights in May
2000.
Persons with disabilities
WHO estimates that between 7 and 10% of the world population – almost 600 million
people experience disability. Approximately 80% of people with disabilities live in
developing countries, less than 5% of these persons have access to health or rehabilitation
services. Women, immigrants, refugees and elderly suffer the most. Appropriate
information related to various health issues including HIV-AIDS, is lacking to many
disabled persons especially those who are blind or deaf.
WHO in collaboration with other United Nations Organizations and its Specialized
Agencies, has promoted Community Based Rehabilitation (CBR) for twenty five years.
CBR has proven to be an effective strategy on the promotion of equal opportunities,
participation and development for persons with disabilities in many WHO Member
States. Following recommendations of the International Consultation to Review CBR, in
Helsinki in May 2003, WHO convened on 1st and 2nd November 2004, a Meeting on the
Development of Guidelines on CBR. Many stakeholders, NGOs, Disabled Peoples
Organizations, researchers involved in CBR participated in this meeting. These
Guidelines would strengthen CBR and greatly contribute to promote the rights of all
people with disabilities. A “Joint Position Paper on Community Based Rehabilitation: a
Strategy for Rehabilitation, Equalization of Opportunities, Poverty Reduction and Social
Inclusion of People with Disabilities” (ILO-UNESCO-WHO), was launched during this
meeting. The document is currently being translated into other languages.
WHO continues its active participation on the process related to the “Comprehensive and
Integral International Convention on the Protection and Promotion of the Rights and
Dignity of Persons with Disabilities". WHO has established a focal group for the "
coordination of the work done by the Organization. The focal group also participates in
meetings with other United Nations bodies based in Geneva, which is an informal
reference group for interagency information sharing and collaboration.
WHO is promoting the development and strengthening of rehabilitation services
including medical rehabilitation as well as assistive technology in Member States to
ensure the rights of all persons with disabilities to have access to those services. In this
regard, in March 2004, WHO participated in the 11th World Congress of the International
Society for Prosthetics and Orthotics , where it was recommended that the joint WHO
and ISPO publication on "Developing Prosthetics and Orthotics training Guidelines for
Developing countries" should be finalized. WHO has convened two informal meetings on
Medical Rehabilitation as preparatory steps for the planned Expert Advisory Committee
Meeting that will produce a technical report on the issue for WHO Member States. A
document on Strengthening National Rehabilitation Services has been finalized. WHO is
promoting the empowerment of persons with disabilities so that professionals would
work in partnership with them and not only be seen as "prescribers". This project for
"Strengthening self management activities for persons with disabilities", will promote
equal rights and a better quality of life of persons with disabilities. It will be
implemented in one country in each WHO region. It is presently being discussed in
Tanzania, Jordan and El Salvador.
In addition, WHO is addressing some of the issues raised in the Millennium
Development Goals, in particular poverty alleviation which affect persons with
disabilities.
WHO Executive Board adopted a draft Resolution on "Disability, including prevention,
management and rehabilitation", which urges Member States:
To strengthen national programmes, policies and strategies for the implementation of the
United Nations Standard Rules on the Equalization of Opportunities for Persons with
Disabilities, to develop their knowledge base with a view to promoting the rights and
dignity of persons with disabilities and ensure their full inclusion in society and to
include a disability component in all health policies and programme.
At the same time requests the Organization to support Member States, in collecting more
reliable data on all relevant aspects, including cost-effectiveness of interventions for
disability prevention, to organize a meeting of experts to review the health and
rehabilitation requirements of persons with disabilities and to produce a World report on
disability and rehabilitation based on the best available scientific evidence.
As part of its mental health Global Action Programme (mhGAP), WHO is developing
guidance material on mental health legislation. It will provide technical guidance on
human rights and the development and implementation of mental health legislation. The
manual is currently in draft form and has had two international reviews with over 100
national and international user, family, professional, governmental and non governmental
organisations, ministry of health representatives and individual experts.
WHO hosted an International Forum on Mental Health, Human Rights and Legislation in
November 2003. One hundred and five participants from 56 countries attended. The
event provided an opportunity for countries to gain technical knowledge on mental health
and human rights and provided support and guidance in the development mental health
legislation.
WHO has also conducted a number of regional workshops and is providing intensive
technical assistance to countries in the development and implementation of national
legislative measures to better promote and protect the rights of people with mental
disorders.
HIV/AIDS
By addressing discrimination on the basis of race, religion, gender and other
internationally recognized grounds, vulnerability to ill health can be reduced. This is
particularly the case in the context of the HIV/AIDS, an epidemic in which fear, stigma,
discrimination and violations of human rights remain major impediments to the
prevention of HIV transmission and the provision of treatment, care and support for
people living with HIV/AIDS. On the other hand, initiatives aimed at reducing
HIV/AIDS-related stigma and discrimination and protecting the human rights of those
vulnerable to infection are recognized as highly important components of any effective
response to the HIV/AIDS epidemic.
The cartoon “HIV/AIDS Stand Up for Human Rights" was launched in December 2003
and is designed to empower young people to promote human rights in relation to
HIV/AIDS. It aims to raise awareness of the key linkages between HIV/AIDS and human
rights and to combat the myths and taboos associated with HIV and AIDS.
The Fédération Internationale de Football Association (FIFA) has agreed to help
stimulate awareness of human rights and HIV/AIDS by supporting the reprint of the
cartoon and its distribution through national football associations. Events will be
organized in five high burden countries - South Africa, Botswana, Uganda, Ghana and
Zambia - in the coming months. The opportunity of these events will be used to promote
education/awareness-raising among youth.
Agenda item 15: Indigenous issues
Resolution WHA 54.16, passed in 2001, requested the WHO Secretariat to outline a
Global Strategy on the Health of Indigenous Peoples, with a focus on the needs in
developing countries. This Global Strategy, prepared in close consultation with WHO’s
Regional Offices, was presented to and adopted by the World Health Assembly in May
2002. The Strategy, which employs flexible terminology to facilitate the engagement of
as wide a range of developing countries as possible, envisages a broad, multistakeholder
approach, involving governments, WHO and other UN partners, NGOs, and local actors.
WHO's work on indigenous peoples health is located within the team working on Health
and Human rights, recognizing the interrelationship between the realization of human
rights and the health of indigenous peoples. In collaboration with the Health Equity
team, a data analysis is underway to consider health disparities among ethnic groups. A
publication is planned that will highlight the health situation of marginalized ethnic
population groups, including indigenous and tribal peoples, from a human rights
perspective. WHO is proposing to establish a Commission on the social determinants of
health. The Commission will assemble relevant evidence on the social factors that lead
to widespread ill-health in disadvantaged communities. The Commission's overarching
goal is to increase vulnerable people's chances to be healthy by promoting a core policy
emphasis on the social determinants of health in countries, at WHO, and among global
health actors.
- - - - - | [
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562936 | United Nations A/C.2/60/L.52
General Assembly Distr.: Limited
13 December 2005
Original: English
05-62908 (E) 141205
*0562908*
Sixtieth session
Second Committee
Agenda item 55 (a)
Group of countries in special situations: Third United Nations
Conference on the Least Developed Countries
Third United Nations Conference on the Least
Developed Countries: high-level meeting on the
midterm comprehensive global review of the
implementation of the Programme of Action for the
Least Developed Countries for the Decade 2001-2010
Programme budget implications of draft resolution
A/C.2/60/L.32/Rev.1
Statement submitted by the Secretary-General in
accordance with rule 153 of the rules of procedure of
the General Assembly
I. Requests contained in the draft resolution
1. Under the terms of operative paragraph 5 of draft resolution
A/C.2/60/L.32/Rev.1, the General Assembly would convene a high-level meeting on
the midterm comprehensive global review of the implementation of the Programme
of Action for the Least Developed Countries for the Decade 2001-2010 in New York
on 19 and 20 September 2006, to be chaired by the President of the General
Assembly.
2. Under the terms of operative paragraph 6 of the draft resolution, the General
Assembly would convene a three-day preparatory meeting of experts during the
sixtieth session of the General Assembly, preferably on 4, 5 and 6 September 2006,
for the midterm comprehensive global review, to propose, as appropriate, measures
to advance the process of the implementation of the Programme of Action for the
Least Developed Countries for the Decade 2001-2010.
3. Under the terms of operative paragraph 12 of the draft resolution, the General
Assembly would recognize the importance of the contribution of civil society actors
in the preparatory process and, in this regard, would request the President of the
General Assembly to organize, within existing resources, one-day informal
interactive hearings in New York with representatives of non-governmental
organizations, civil society organizations and the private sector, as an input to the
midterm comprehensive global review.
4. Under the terms of operative paragraph 16 of the draft resolution, the General
Assembly would request the Secretary-General to submit, in a timely manner, a
comprehensive report for the midterm comprehensive global review.
5. Under the terms of operative paragraph 17 of the draft resolution, the General
Assembly would reiterate the critical importance of the full and effective
participation of the least developed countries in the midterm comprehensive review
of the Programme of Action at the national, regional and global levels, and stress
that adequate resources should be provided, and in this regard would request the
Secretary-General to mobilize extrabudgetary resources to cover the cost of
participation of two government representatives from each least developed country
in the process of the high-level meeting on the midterm comprehensive global
review.
6. Under the terms of operative paragraph 20 of the draft resolution, the General
Assembly would request the Secretary-General to submit to it at its sixty-second
session a report on the implementation of the resolution.
II. Relationship of the draft resolution to the biennial
programme plan and priorities for the biennium
2006-2007 and to the proposed programme budget for
the biennium 2006-2007
7. The activities to be carried out relate to programme 1, General Assembly and
Economic and Social Council affairs and conference management; subprogramme 1,
Least developed countries, of programme 8, Least developed countries, landlocked
developing countries and small island developing States; and subprogramme 4,
Support services, of programme 24, Management and support services, of the
biennial programme plan and priorities for the period 2006-2007. They fall under
section 2, General Assembly and Economic and Social Council affairs and
conference management; section 10, Least developed countries, landlocked
developing countries and small island developing States; and section 28D, Office of
Central Support Services, of the proposed programme budget for the biennium
2006-2007.
8. Under section 10, Least developed countries, landlocked developing countries
and small island developing States, of the proposed programme budget for the
biennium 2006-2007, the outputs requested in operative paragraphs 16 and 20 of
draft resolution A/C.2/60/L.32/Rev.1 would need to be added as follows:
Paragraph 10.17 (a) (i) b
Add
“Comprehensive report on the midterm comprehensive global review (1);
Report on the implementation of the resolution on the Third United Nations
Conference on the Least Developed Countries: high-level meeting on the
midterm comprehensive global review of the implementation of the
Programme of Action for the Least Developed Countries for the Decade 2001-
2010 (1)”.
III. Activities by which the proposals will be implemented
9. Pursuant to operative paragraph 5 of draft resolution A/C.2/60/L.32/Rev.1, the
high-level meeting on the midterm comprehensive global review of the
implementation of the Programme of Action for the Least Developed Countries for
the Decade 2001-2010 would be held for two days, on 19 and 20 September 2006,
with two meetings per day, one in the morning and one in the afternoon, and with
interpretation services in all six languages. Documentation requirements for the
high-level meeting are estimated at 77 pages of pre-session and 20 pages of postsession to be issued in all six languages. No in-session documentation is foreseen.
Verbatim records would be provided in all six languages if the meetings were
considered plenary meetings of the General Assembly.
10. Pursuant to operative paragraph 6 of the draft resolution, the preparatory
meeting of experts would consist of two working groups for three working days,
preferably on 4, 5 and 6 September 2006, with four meetings per day, two in the
morning and two in the afternoon, all with interpretation services in six languages.
Documentation requirements for the meeting of experts are estimated at 25 pages of
pre-session and 20 pages of post-session to be issued in all six languages. No insession documentation is foreseen.
11. Pursuant to operative paragraph 12 of the draft resolution, the informal
interactive hearings would be held for one day, with two meetings, one in the
morning and one in the afternoon, and with interpretation services in all six
languages. Documentation requirements for the informal interactive hearings are
estimated at 55 pages of pre-session and 2 pages of post-session to be issued in all
six languages. No in-session documentation is foreseen.
12. It should be noted that the proposed dates of the high-level meeting, 19 and
20 September 2006, would overlap with the general debate of the General
Assembly, which will start on 19 September 2006 (see A/INF/59/1) in accordance
with Assembly resolution 57/301. Since the high-level meeting and the general
debate of the General Assembly cannot be held at the same time, arrangements will
have to be made to avoid such an overlap. Regarding the preferred dates of the
preparatory meeting of experts (4-6 September 2006), in 2006, Labor Day falls on
4 September, which is a United Nations holiday; no meeting can be held on that day.
Therefore, the three-day preparatory meeting of experts would have to be
rescheduled. The exact dates for the informal interactive hearings will be
determined in consultation between the substantive secretariat and the Department
for General Assembly and Conference Management, subject to the availability of
conference facilities and services.
IV. Additional requirements for the biennium 2006-2007
13. The implementation of the requests contained in operative paragraphs 5, 6 and
12 of the draft resolution would entail requirements as detailed in the table.
Additional regular budget requirements
(United States dollars)
2006
(a) High-level meeting on the midterm comprehensive global review
of the implementation of the Programme of Action for the Least
Developed Countries for the Decade 2001-2010
Section 2. General Assembly and Economic and Social Council affairs
and conference management
Meeting servicing, interpretation and documentation 373 100
Section 28D. Office of Central Support Services
Support services 10 400
Subtotal (a) 383 500
(b) Preparatory meeting of experts
Section 2. General Assembly and Economic and Social Council affairs
and conference management
Meeting servicing, interpretation and documentation 223 200
Section 28D. Office of Central Support Services
Support services 31 200
Subtotal (b) 254 400
(c) Informal interactive hearings
Section 2. General Assembly and Economic and Social Council affairs
and conference management
Meeting servicing, interpretation and documentation 169 400
Section 28D. Office of Central Support Services
Support services 5 200
Subtotal (c) 174 600
Grand total 812 500
14. Should the General Assembly adopt draft resolution A/C.2/60/L.32/Rev.1, the
high-level meeting on the midterm comprehensive global review of the
implementation of the Programme of Action for the Least Developed Countries for
the Decade 2001-2010 and the preparatory meeting of experts would constitute an
addition to the draft calendar of conferences and meetings of the United Nations for
2006 which has been submitted for approval by the General Assembly. However,
should the high-level meeting be held as meetings of the General Assembly, no
additional resources would be required, as conference services are provided for
meetings of the General Assembly throughout the year. The informal interactive
hearings would be held within existing resources already earmarked for meetings of
the General Assembly on the condition that they are not held when the General
Assembly is meeting, and the 75 pages of documentation would be processed as
documents of the General Assembly. The preparatory meeting of experts, however,
would need additional conference-servicing and support services resources.
15. The reports requested under operative paragraphs 16 and 20 of draft resolution
A/C.2/60/L.32/Rev.1 would represent additions to the outputs proposed in the
proposed programme budget for the biennium 2006-2007 for section 10, Least
developed countries, landlocked developing countries and small island developing
States. Given the priority nature of these reports, the Office of the High
Representative for the Least Developed Countries, Landlocked Developing
Countries and Small Island Developing States stands ready to prepare the reports
and will endeavour to do so within existing resources.
16. The implementation of operative paragraph 17 of the draft resolution is being
understood as requiring the Secretary-General to mobilize extrabudgetary resources
and would not require the use of any regular budget funds. The attention of the
Committee is drawn to the provision of section VI of General Assembly resolution
45/248 B of 21 December 1990, in which the Assembly reaffirmed that the Fifth
Committee was the appropriate Main Committee of the Assembly entrusted with
responsibilities for administrative and budgetary matters; and reaffirmed also the
role of the Advisory Committee on Administrative and Budgetary Questions.
V. Contingency fund
17. It will be recalled that under the procedures established by the General
Assembly in its resolutions 41/213 of 19 December 1986 and 42/211 of
21 December 1987, a contingency fund is established for each biennium to
accommodate additional expenditure derived from legislative mandates not provided
for in the programme budget. Under this procedure, if additional expenditure were
proposed that exceeded the resources available from the contingency fund, the
activities concerned would be implemented only through the redeployment of
resources from low-priority areas or modification of existing activities. Otherwise,
such additional activities would have to be deferred to a later biennium.
VI. Conclusions
18. Should draft resolution A/C.2/60/L.32/Rev.1 be adopted by the General
Assembly, and should the high-level meeting and the informal interactive
hearings be held as meetings of the General Assembly, additional resources in
the total amount of $223,200 would be required under section 2, General
Assembly and Economic and Social Council affairs and conference
management, of the proposed programme budget for the biennium 2006-2007,
and additional resources in the total amount of $31,200 would be required
under section 28D, Office of Central Support Services. No additional resources
would be required under section 10, Least developed countries, landlocked
developing countries and small island developing States.
19. Should draft resolution A/C.2/60/L.32/Rev.1 be adopted by the General
Assembly, and should the high-level meeting not be held as a meeting of the
Assembly, additional resources in the total amount of $596,300 would be
required under section 2, General Assembly and Economic and Social Council
affairs and conference management, of the proposed programme budget for the
biennium 2006-2007, and additional resources in the total amount of $41,600
would be required under section 28D, Office of Central Support Services. No
additional resources would be required under section 10, Least developed
countries, landlocked developing countries and small island developing States.
20. The additional resource requirements referred to in paragraphs 18 and
19 above would represent a charge against the contingency fund and, as such,
would require appropriations for the biennium 2006-2007 to be approved by
the General Assembly at its sixtieth session. | [
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425496 | United Nations A/C.5/55/16
General Assembly Distr.: General
23 October 2000
Original: English
00-70369 (E) 231000
`````````
Fifty-fifth session
Fifth Committee
Agenda item 169
Scale of assessments for the apportionment of the expenses
of United Nations peacekeeping operations
Note verbale dated 20 October 2000 from the Permanent
Representative of the Kingdom of Cambodia to the United Nations
addressed to the Secretary-General
The Permanent Representative of the Kingdom of Cambodia presents his
compliments to the Secretary-General of the United Nations and, with reference to
its note verbale dated 5 October 2000, has the honour to request that the abovementioned note verbale be circulated as a document of the General Assembly, under
agenda item 169, entitled “Scale of assessments for the apportionment of the
expenses of United Nations peacekeeping operations”.
The Permanent Representative of the Kingdom of Cambodia to the United
Nations avails himself of this opportunity to renew to the Secretary-General of the
United Nations the assurances of his highest consideration.
New York, 20 October 2000
Annex to the note verbale dated 20 October 2000 from the
Permanent Representative of the Kingdom of Cambodia to the
United Nations addressed to the Secretary-General
The Permanent Representative of the Kingdom of Cambodia presents his
compliments to the Secretary-General of the United Nations and has the honour to
draw the latter’s attention to the necessity of relocating the Kingdom of Cambodia
from group (c) to group (d) in the scheme for the apportionment of the costs of the
United Nations peacekeeping operations.
In this regard, the Kingdom of Cambodia requests that the matter be included
for consideration under agenda item 169 entitled “Scale of assessments for the
apportionment of the expenses of United Nations peacekeeping operations”, at the
earliest available opportunity.
Since the introduction of the scheme for the apportionment of the costs of the
United Nations peacekeeping operations with the adoption of General Assembly
resolution 3101 (XXVIII) of 18 December 1973, Cambodia has been placed in
group (c). However, it is significant to point out that, as a result of three decades of
wars, conflicts, unrest and economic crisis, Cambodia is now categorized as one of
the least developed countries in the world, with an average per capita gross national
product (GNP) of US$ 260 per annum (source: World Bank World Development
Indicators Database 1999); Cambodia’s per capita GNP is lower than that of a
number of countries placed in category (d).
While the Kingdom of Cambodia has been consistently fulfilling its financial
obligations to the United Nations, it also believes that the scale of assessments for
the apportionment of the expenses of the peacekeeping operations should correctly
reflect the current economic situation of the country, and the relocation of Cambodia
from group (c) to group (d) will underline the seriousness of the United Nations in
its attempts to be more transparent in its decision-making process to achieve the
goal of overall reform.
The Royal Government of Cambodia believes that, considering the above
facts, its request will be regarded positively.
The Permanent Representative of the Kingdom of Cambodia to the United
Nations avails himself of this opportunity to renew to the Secretary-General of the
United Nations the assurances of his highest consideration.
New York, 5 October 2000 | [
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477201 | UNITED
NATIONS
Distr.
GENERAL
FCCC/SBI/2002/13
6 September 2002
Original: ENGLISH
SUBSIDIARY BODY FOR IMPLEMENTATION
Seventeenth session
New Delhi, 23–29 October 2002
Item 9 (c) of the provisional agenda
ARRANGEMENTS FOR INTERGOVERNMENTAL MEETINGS
EFFECTIVE PARTICIPATION IN THE CONVENTION PROCESS
Note by the secretariat*
* This document has been submitted at this time because of the need to undertake extensive internal consultations.
Summary
At the sixteenth session of the Subsidiary Body for Implementation (SBI), some Parties
expressed concern about participation of observer organizations in intersessional workshops, as
well as participation of observers in meetings of limited-membership bodies constituted under the
Convention and the Kyoto Protocol. The SBI agreed to include this matter as an item on the
agenda for its seventeenth session, and invited Parties to submit views on this matter. The views
submitted by Parties are contained in document FCCC/SBI/2002/MISC.8.
This note sets out current practice concerning participation of observer organizations in
intersessional workshops, and participation of observers in meetings of limited-membership bodies
constituted under the Convention and the Protocol. Options and proposals for enhancing
participation are presented for consideration by the SBI.
CONTENTS
Paragraphs Page
I. INTRODUCTION ............................................................................... 1 – 3 3
A. Mandate.................................................................................. 1 3
B. Scope of the note .................................................................... 2 3
C. Possible action by the Subsidiary Body for Implementation 3 3
II. BACKGROUND................................................................................. 4 – 7 3
III. PARTICIPATION IN THE CONVENTION PROCESS.................... 8 – 38 4
A. Intersessional workshops........................................................ 10 – 17 5
B. Meetings of bodies constituted under the Convention........... 18 – 28 6
C. Meetings of bodies constituted under the Kyoto Protocol..... 29 – 38 8
I. INTRODUCTION
A. Mandate
1. The Subsidiary Body for Implementation (SBI), at its sixteenth session, took note of views
expressed by some Parties concerning “Effective participation in the Convention process” and agreed to
include this as an item on the agenda of its seventeenth session (see FCCC/SBI/2002/6, para. 5). The
SBI also invited Parties to submit views on this matter; submissions from Parties are contained in
document FCCC/SBI/2002/MISC.8.
B. Scope of the note
2. This document aims to facilitate further discussion during the seventeenth session of the SBI
(SBI 17) on participation in the Convention process. It sets out current practice concerning participation
of observer organizations in intersessional workshops, and participation of observers in meetings of
limited-membership bodies constituted under the Convention and the Protocol. Options and proposals
for enhancing participation are presented for consideration.
C. Possible action by the Subsidiary Body for Implementation
3. The SBI is invited to consider the information contained in this note, as well as the views
submitted by Parties on this matter, and to provide further guidance to Parties and the secretariat in the
form of conclusions concerning, as appropriate:
(a) Participation of observer organizations in intersessional workshops;
(b) Participation of observers in meetings of expert groups constituted under the Convention;
(c) Participation of observers in meetings of the Executive Board of the clean development
mechanism.1
II. BACKGROUND
4. Participation of observers is one of the fundamental features of the Convention process.
The categories of observers that may participate in the sessions of the Conference of the Parties (COP)
and the Conference of the Parties serving as the meeting of the Parties to the Protocol (COP/MOP)2 are:
(a) The United Nations, its specialized agencies and the International Atomic Energy Agency,
as well as any State member thereof or observers thereto not Party to the Convention;
(b) Any national or international, governmental or non-governmental body or agency, which is
qualified in matters covered by the Convention or the Protocol, unless at least one third of the Parties
present object.
In addition, the Protocol provides that Parties to the Convention that are not Parties to the Protocol may
participate as observers in the proceedings of any session of the COP/MOP.3
1 The provisional agenda for the eighth session of the Conference of the Parties includes an item entitled “Report
of the executive board of the clean development mechanism” (see FCCC/CP/2002/1 and Add.1). The report of the
Executive Board to the COP covers issues relating to participation of observers (see FCCC/CP/2002/3).
2 See Article 7, paragraph 6, of the Convention and Article 13, paragraph 8, of the Protocol.
3 See Article 13, paragraph 2, of the Protocol.
5. The Convention and the Protocol mandate the COP and the COP/MOP,respectively, to seek and
utilize, where appropriate, the services and cooperation of, and information provided by, competent
international organizations and intergovernmental and non-governmental bodies.4 In addition, the
admission and participation of observers is subject to the rules of procedure. Rules 6 and 7 of the draft
rules of procedure of the COP being applied5 provide that the observers mentioned in Article 7,
paragraph 6, of the Convention may, upon the invitation of the President, participate, without the right to
vote, in the proceedings of any session, unless at least one third of the Parties present at the session
object. In the case of governmental or non-governmental bodies or agencies, participation is limited to
matters of direct concern to them.
6. Furthermore, by decision 18/CP.4,6 the COP decided that presiding officers of Convention
bodies may invite representatives of intergovernmental and non-governmental organizations to attend, as
observers, any open-ended contact group established under the Convention process. To facilitate
participation of observers:
(a) Official documents of sessions of the COP and the subsidiary bodies are made publicly
available during the session, and on the web site of the secretariat;
(b) Notifications and provisional agendas of upcoming sessions are sent to Parties and
observer organizations in advance of the sessions;
(c) A broad range of intergovernmental organizations (IGOs) and non-governmental
organizations (NGOs) are regularly admitted to attend sessions of the COP and the subsidiary bodies, and
make information available informally;
(d) Observer States and organizations are permitted to make statements during plenary
sessions;
(e) Sessions of the COP are webcast and recent sessions are archived on the web site of the
secretariat.
7. Participation in the Convention process is both flexible and, on the whole, inclusive. The COP
enjoys the benefits of receiving inputs from a wide range of actors and, accordingly, is perceived as
having a high level of legitimacy and credibility.
III. PARTICIPATION IN THE CONVENTION PROCESS
8. During SBI 16, some Parties expressed concerns about, inter alia:
(a) The right of Parties to take part as observers in meetings of limited-membership bodies
established under the Convention and the Protocol, including to be physically present in the meeting
rooms of these bodies;
(b) The opportunities afforded observer organizations to participate as observers in meetings
of limited-membership bodies and at intersessional workshops;
(c) Timely notification of and availability of documentation for meetings of limitedmembership bodies and intersessional workshops to observers.
4 See Article 7, paragraph 2 (l), of the Convention and Article 13, paragraph 4 (i), of the Protocol.
5 See FCCC/CP/1996/2.
6 See FCCC/CP/1998/16/Add.1.
9. In considering how to promote transparency and effective participation in the process, Parties are
invited to reflect on the nature of the UNFCCC process and its various components. Small informal
workshops and expert groups have emerged as supplements to the large intergovernmental sessions. If
participation in workshops and meetings of expert groups becomes too large, the utility of these groups
could be put at risk and questions could be raised as to their raison-d'être. If open-ended participation is
the objective, the sessions of the COP and the subsidiary bodies are available for that purpose.
A. Intersessional workshops
1. Observer organizations
10. More than 500 IGOs and NGOs are currently admitted as observers to sessions of the COP and
the subsidiary bodies, and these sessions have attracted more than 3,000 representatives of these
organizations. They include environmental, business, trade union, faith and academic organizations, as
well as local government and municipal authorities, parliamentarians and indigenous peoples’
organizations.
11. To facilitate the interaction between the secretariat and these observer organizations, an informal
constituency system has been used recognizing, at present, four categories of observer organization:
environmental groups, business and industry organizations, indigenous peoples’ organizations, and local
government and municipal authorities.
2. Participation of observer organizations
12. Intersessional workshops are organized pursuant to decisions by the COP and the subsidiary
bodies. Workshops provide an opportunity for the informal exchange of information among Parties, and
help to build consensus on possible courses of action outside the more political environment of a formal
session of the COP or the subsidiary bodies. They are not negotiating sessions and results are reported to
the COP or the subsidiary bodies for consideration and action.
13. Participation in workshops is by invitation. Invitations are sent by the secretariat, on behalf of
the chairs of the subsidiary bodies, to representatives of Parties, experts or resource persons, and
observer organizations. Invitations to observer organizations are issued to focal points of the
constituencies, who in turn inform their respective constituencies. Each constituency then carries out a
selection process to identify participants for the workshops. These procedures have generally worked in
practice and individual concerns have been addressed by the secretariat as they arise.
14. Informal reports of some workshops have been made publicly available by independent reporting
agencies which have been invited to attend these workshops.
3. Options for enhancing participation
15. Some Parties have expressed concern that opportunities for participation by observer
organizations in intersessional workshops are limited. When addressing this concern, it must be borne in
mind that each workshop is different in purpose, interest and available resources, and the Chair of the
subsidiary body is responsible for ensuring that the workshop is conducted in an efficient manner to meet
its objectives. The need for efficiency and effectiveness of workshops implies that the number of
participants must be limited.
16. Options available to address this concern include:
(a) Requesting the secretariat to improve its use of the constituency system for workshop
nominations to ensure that the system is more inclusive and transparent, recognizing that the secretariat is
not in a position to select observer organizations to participate in workshops;
(b) Requesting the secretariat to publish on its web site the procedures for the participation of
observer organizations in workshops;
(c) Requesting the chairs of the subsidiary bodies to review the number of invitations sent to
observers. Care would, however, be needed to ensure that an appropriate balance is maintained between
Parties and observers;
(d) Requesting the secretariat to arrange for independent reporting agencies to provide
summary reports on workshops which could be speedily made available on the web site of the secretariat.
(This would cost US$ 8,000 for a two-day workshop in Bonn. Funds for this would need to be
identified.)
17. A further concern relates to the timely issuance of notifications and availability of documentation
for workshops. The increasing difficulties in securing funding for the growing number of workshops
have resulted in delays in confirming whether a workshop will actually be held, and in issuing the
notification and necessary documentation. To address this concern, the secretariat would publish, on its
web site, the notification and documentation for each workshop, as soon as the workshop is confirmed
and the documentation is available.
B. Meetings of bodies constituted under the Convention
1. Expert groups
18. The COP has established a number of expert groups under the Convention. These expert groups
are limited in membership and duration, with agreed mandates, and their purpose is to provide advice and
make recommendations on specific issues to Parties without being vested with decision-making
authority. The expert groups are:
(a) The Consultative Group of Experts on National Communications from Parties, not
included in Annex I to the Convention (CGE);
(b) The Expert Group on Technology Transfer (EGTT);
(c) The Least Developed Countries Expert Group (LEG).
19. The 24-member CGE was established at COP 5 and its mandate was extended at COP 7.7 Its
objective is to improve the preparation of national communications by Parties not included in Annex I to
the Convention. It is mandated, inter alia, to exchange relevant information and experience in order to
identify difficulties encountered in the preparation of national communications and the application of
related methodologies and guidelines. Reports of the meetings of the CGE are submitted to the SBI for
consideration and action.
7 See decisions 8/CP.5 (FCCC/CP/1999/6/Add.1) and 31/CP.7 (FCCC/CP/2001/13/Add.4). The mandate and
terms of reference of the CGE will be reviewed at COP 8.
20. The 20-member EGTT was established at COP 7.8 Its objective is to enhance the implementation
of Article 4, paragraph 5, of the Convention, by analysing and identifying ways to facilitate and advance
technology transfer. The EGTT submits its reports to the Subsidiary Body for Scientific and
Technological Advice (SBSTA) for consideration and action.
21. The 12-member LEG was also established at COP 7.9 Its objective is to provide advice on the
preparation and implementation strategy for national adaptation programmes of action (NAPAs)
developed by least developed countries (LDCs). It is mandated, inter alia, to provide technical advice on
the identification of relevant data and information, on capacity-building needs for LDCs, and on
mainstreaming NAPAs into development planning. Reports of the meetings of the LEG are submitted to
the SBI for consideration and action.
2. Participation of observers
22. The mandates of the expert groups do not address participation of observers in meetings, and do
not request that the expert groups develop their own rules of procedure. The groups have thus far
considered themselves to be limited-membership bodies that are normally closed to observers.
23. The terms of reference of the LEG allow the group to “draw upon additional expertise as deemed
necessary.” The work programme requires the Chair of the LEG to approve proposals for inviting
additional experts, in consultation with LEG members. However, such additional expertise is to be used
judiciously, with clear terms of reference and on an ad hoc basis. The use of such additional experts
effectively allows input by observers.
24. Exceptionally, during the preparatory meeting of the EGTT, held in Seoul in April 2002,
representatives of Parties were allowed to attend as observers. This decision was taken because the
meeting was held in conjunction with two workshops organized by the secretariat. However, it was taken
expressly on a one-time basis and was not designed to set a precedent. Also, at its first meeting held in
conjunction with SBI 16, the EGTT invited two additional representatives of IGOs to serve as “resource
persons.”
3. Options for enhancing participation
25. Some Parties have expressed concern about the lack of opportunity for observers to participate in
meetings of experts groups, including to be physically present in the meeting rooms. Participation of
observers in meetings of expert groups would raise two issues. First, expert groups should be able to
carry out their work in an efficient and business-like atmosphere; open-ended participation by observers
could affect this working environment. Second, the fact that not all Parties or observer organizations
have the capacity to send observers to meetings would affect the balance of participation.
26. The COP has not mandated the expert groups to develop their own rules of procedure. This
raises the question as to whether and/or how the draft rules of procedure of the COP being applied should
be applied by expert groups. Parties may wish to consider further whether the rules of procedure were
intended to apply to limited-membership bodies or only to open-ended bodies or “working groups” as
defined by rule 2 of the draft rules. In this context, particular consideration could be given to the
authority and responsibility of presiding officers for the conduct of meetings, including issues of
participation.
8 See decision 4/CP.7 (FCCC/CP/2001/13/Add.1). The mandate of the EGTT runs to COP 12. 9 See decision 29/CP.7 (FCCC/CP/2001/13/Add.4). The mandate of the LEG runs to COP 9.
27. Among the options for facilitating participation, while keepingexpert group meetings closed,
are:
(a) To request the chairs of the expert groups, drawing on the advice of the members, to
consider options for improving participation of observers;
(b) To invite the expert groups to periodically convene informal open meeting with observers;
(c) To invite Parties and observer organizations to submit comments to the expert groups on
particular items being addressed by the expert group. These views would be submitted to the secretariat,
which would forward them to members of expert group. These views could also be included on the web
site of the secretariat but would not be published as official UNFCCC documents;
(d) To request that non-confidential documentation of the meetings is available on the
web site of the secretariat;
(e) To invite the expert groups to explore options for webcasting all or parts of the meetings
and assess the implications. The cost of webcasting a two-day meeting of a constituted body ranges from
US$ 4,500 to 7,000 for a meeting held in Bonn, and from US$ 8,500 to 11,000 for a meeting held away
from Bonn (including costs for staff travel, rental of necessary equipment and Internet services,
depending on the venue). No budget currently exists for this purpose.
28. If Parties consider that it would be useful for meetings of expert groups to be open so that
observers could be physically present, then guidance will be needed on the modalities for observer
participation and on how to ensure broad geographic and regional representation, recognizing that no
resources are currently available for this purpose. In this regard:
(a) Invitations to participate as observers could be sent to representatives of Parties and focal
points of constituencies of observer organizations (the cost for participation of a representative to a twoday meeting of a constituted body could be up to US$ 4,000, for which no funding is currently available);
(b) In cases where there is a need to limit numbers, these invitations could be issued in
consultation with the relevant groups;
(c) The chairs of the expert groups should retain the discretion to close particular meetings to
observers in cases where confidential matters need to be discussed or when the group decides that this
would be more effective.
C. Meetings of bodies constituted under the Kyoto Protocol
1. Constituted bodies
29. The Protocol provides for the establishment of a number of bodies to carry out specific activities.
As elaborated in the Marrakesh Accords,10 these bodies have specific mandates, with decision-making
functions, and membership is limited. They include:
(a) The Compliance Committee;
(b) The Executive Board of the clean development mechanism (CDM);
(c) The Article 6 Supervisory Committee.
10 See FCCC/CP/2002/13/Add.1–4.
30. Of these bodies, the Executive Board of the CDM is now operational and, to date, has held five
meetings. Some Parties have expressed concern about the participation of observers in the meetings of
the Executive Board. In addition, some Parties have raised the issue of potential implications of the entry
into force of the Protocol for participation as observers by Parties to the Convention that are not Parties
to the Protocol. The issues below focus on the Executive Board of the CDM, but it should be borne in
mind that these issues will also affect the other bodies constituted under the Protocol.
2. Participation of observers in meetings of the
Executive Board of the clean development mechanism
31. The Protocol states that the CDM shall be subject to the authority and guidance of the
Conference of the Parties serving as the meeting of the Parties to the Protocol (COP/MOP) and
supervised by the Executive Board.11 COP 7 brought the Executive Board (comprising 10 members and
10 alternates) into operation to facilitate a prompt start of the CDM. The mandate of the Executive
Board specifies that it should, inter alia, make recommendations to the COP/MOP on further modalities
and procedures for the CDM and the designation of operational entities, and supervise the observance of
applicable modalities and procedures. The Executive Board is also responsible for the accreditation of
operational entities. Pending entry into force of the Protocol, the COP has assumed the responsibilities
of the COP/MOP. The annual reports of the Executive Board are submitted to the COP for review.
32. The annex to decision 17/CP.7 states that meetings of the Executive Board “shall be open to
attendance, as observers, by all Parties and by all UNFCCC accredited observers and stakeholders,
except where otherwise decided by the Executive Board.”12 Detailed information on the facilitation of
attendance by observers is contained in the report of the Executive Board of the CDM to the COP at its
eighth session.13
33. To ensure that the meetings of the Executive Board are conducted efficiently and in a businesslike atmosphere and, at the same time, to facilitate participation of observers:
(a) Meetings of the Executive Board are webcast via the web site of the secretariat;
(b) Facilities are provided for observers to watch the proceedings via closed circuit television
(CCTV) in a room located next to the meeting room;
(c) Documentation for the meetings of the Executive Board is available on the web site of the
secretariat;
(d) Observers may, upon invitation by the Executive Board, make presentations relating to
matters under consideration by the Board;
(e) Parties, and UNFCCC observer organizations and stakeholders can provide comments on
how a proposed activity fulfils the validation requirements;
(f) Public comments and input are sought on some matters addressed by the Executive Board.
11 See Article 12, paragraph 4, of the Protocol.
12 See decision 17/CP.7, annex, paragraph 16 (FCCC/CP/2001/13/Add.2).
13 See FCCC/CP/2002/3.
3. Options for enhancing participation in meetings of the
Executive Board of the clean development mechanism
34. Two concerns have been raised about observer participation in meetings of the CDM Executive
Board. The first is whether the current draft rules of procedure of the Executive Board of the CDM are
fully consistent with the draft rules of procedure being applied by the COP. Recognizing the distinct
character of the CDM, decision 17/CP.7 mandates the executive board to develop its own rules of
procedure.
35. A second concern expressed by some Parties is whether electronic broadcasting (through
webcast and CCTV) of meetings of the Executive Board provides sufficient opportunity for observer
attendance. When considering this matter, Parties should consider how to ensure that the CDM can
operate efficiently in taking business-like decisions, while ensuring transparency and providing
opportunity for effective input from observers in decision-making. In this regard, the modalities and
procedures for obtaining inputs from observers and the public, contained in the annex to
decision 17/CP.7, provide a variety of options for participation. A further consideration is the
desirability to provide the Executive Board with sufficient flexibility to tailor participation to specific
circumstances.
36. In considering options for enhancing participation, the Executive Board could be requested to:
(a) Clarify the circumstances and modalities under which observers may be invited to be
physically present in the room where the Executive Board is meeting, especially when matters of
particular interest to the observer is being discussed;
(b) Periodically review the practice of placing a limit of 50 participants who can view the
proceedings on CCTV, based on experience;
(c) Invite the Chair to brief observers at the end of each meeting;
(d) Periodically convene informal open meetings with observers;
(e) Consider convening meetings at venues that would allow greater attendance by
representatives of Parties. Holding meetings in, for example, Geneva or New York, would allow Parties
to send representatives from their missions to the United Nations as observers. Convening meetings
away from Bonn would, however, incur additional travel and administrative costs for the budget of the
CDM, which could range from US$ 30,000 to 40,000 per meeting (including costs for staff travel, rental
of necessary equipment, Internet services and rental of meeting rooms, depending on the venue).
37. If Parties consider that it would be useful for observers to be physically present in the meeting
rooms of the Executive Board, then guidance will be needed on the modalities for observer participation
and on how to ensure broad geographic and regional representation, recognizing that no resources are
currently available for this purpose.
38. The COP is expected, at its eighth session, to consider the report of the Executive Board of the
CDM, which includes issues relating to participation by observers.14 Parties may wish to discuss options
for enhancing participation in this context.
-----
14 See FCCC/CP/2002/1 and Add.1, paragraphs 77–81. | [
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520400 | United Nations S/2004/330
Security Council Distr.: General
28 April 2004
Original: English
04-33055(E) 290404
*0433055*
Draft resolution
The Security Council,
Recalling all its previous resolutions on Western Sahara, and reaffirming, in
particular, resolution 1495 (2003) of 31 July 2003,
Reaffirming its commitment to assist the parties to achieve a just, lasting and
mutually acceptable political solution, which will provide for the self-determination
of the people of Western Sahara in the context of arrangements consistent with the
principles and purposes of the Charter of the United Nations, and noting the role and
responsibilities of the parties in this respect,
Having considered the report of the Secretary-General of 23 April 2004
(S/2004/325),
1. Reaffirms its support for the Peace Plan for Self-Determination of the
People of Western Sahara as an optimum political solution on the basis of agreement
between the two parties;
2. Reaffirms also its strong support for the efforts of the Secretary-General
and his Personal Envoy in order to achieve a mutually acceptable political solution
to the dispute over Western Sahara;
3. Calls upon all the parties and the States of the region to cooperate fully
with the Secretary-General and his Personal Envoy;
4. Decides to extend the mandate of the United Nations Mission for the
Referendum in Western Sahara (MINURSO) until 31 October 2004;
5. Requests that the Secretary-General provide a report on the situation
before the end of the present mandate and requests the Secretary-General to include
in this report an evaluation of the mission size necessary for MINURSO to carry out
its mandated tasks, with a view towards its possible reduction;
6. Decides to remain seized of the matter. | [
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496879 | United Nations A/58/79
General Assembly Distr.: General
15 May 2003
Original: English
03-36011 (E) 100603
*0336011*
Fifty-eighth session
Item 108 of the preliminary list*
Social development, including questions relating to the
world social situation and to youth, ageing, disabled
persons and the family
World Youth Report 2003
Note by the Secretary-General
1. In its resolution 56/117 of 19 December 2001, the General Assembly requested
the Secretary-General to present a comprehensive report on the issue of policies and
programmes involving youth with concrete and action-oriented recommendations, to
the Commission for Social Development at its forty-first session. In the same
resolution, the Assembly invited the Secretary-General to conduct a thorough review
of and provide recommendations on the World Youth Forum’s structure,
organization, participation, including to ensure that it is fully representative of all
geographical regions and of a diversity of views, and processes, taking into account
the views of Member States and youth organizations, and, in that context, to include
that matter in his report to the Assembly at its fifty-eighth session, through the
Commission at its forty-first session.
2. The Secretary-General has the honour to transmit the report requested
(E/CN.5/2003/4)1
to the General Assembly.
* A/58/50/Rev.1 and Corr.1.
1 Document E/CN.5/2003/4 has been distributed separately. | [
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518132 | General Assembly Distr.: Limited
23 September 2003
Original: English
V.03-88218 (E)
*0388218*
Committee on the Peaceful
Uses of Outer Space
Scientific and Technical Subcommittee
Forty-first session
Vienna, 16-27 February 2004
Use of nuclear power sources in outer space
Possible organizational plans for potential co-sponsorship of
an effort to develop an international space nuclear power
source technical safety standard and potential advice of the
International Atomic Energy Agency to the Scientific and
Technical Subcommittee in the preparation of such a
standard
Note by the Secretariat
1. At its forty-sixth session, the Committee on the Peaceful Uses of Outer Space
noted that the Scientific and Technical Subcommittee at its fortieth session, in 2003,
further to the deliberations of its Working Group on the Use of Nuclear Power
Sources in Outer Space, had adopted a new multi-year work plan on the use of
nuclear power sources in outer space, covering the period 2003-2006. The work
plan was designed to develop an international technically based framework of goals
and recommendations for the safety of nuclear power source applications in outer
space, as contained in the report of the Subcommittee (A/AC.105/804, annex III).
2. In accordance with item (f) of the multi-year work plan, the Scientific and
Technical Subcommittee, at its fortieth session, requested the Office for Outer Space
Affairs and the International Atomic Energy Agency (IAEA) jointly to prepare, by
September 2003, possible organizational plans providing for (a) potential cosponsorship of an effort to develop an international space nuclear power sources
technical safety standard; and (b) potential IAEA advice to the Scientific and
Technical Subcommittee in the preparation of such a standard.
3. Pursuant to that request, the paper contained in the annex to the present note
was prepared by the Secretariat and IAEA. The paper takes into account the
progress made during the intersessional informal discussions of the Working Group
on the Use of Nuclear Power Sources in Outer Space, held in Vienna on 10 June
2003.
Annex
Possible organizational plans for potential co-sponsorship of
an effort to develop an international space nuclear power
source technical safety standard and potential advice of the
International Atomic Energy Agency to the Scientific and
Technical Subcommittee in the preparation of such a
standard
Paper prepared by the Secretariat in cooperation with the
International Atomic Energy Agency
I. Introduction
1. The possible organizational plans presented below incorporate the main points
set out in the discussion papers prepared by the International Atomic Energy Agency
(IAEA) and the Office for Outer Space Affairs for informal discussions held on
10 June 2003 and the relevant comments made during those discussions. Based on
the plans, the Working Group on the Use of Nuclear Power Sources in Outer Space
intends to prepare an additional working paper containing draft recommendations
that will serve as a guide to the Scientific and Technical Subcommittee at its session
in 2004 towards making, if appropriate, a preliminary decision on whether to
recommend co-sponsorship with IAEA in an effort to develop a technical standard
starting in 2006.1
2. During the course of the informal discussions, two potential courses of action,
as referred to in the work plan, were considered: (a) potential co-sponsorship of an
effort to develop an international space nuclear power source technical safety
standard; and (b) potential IAEA advice to the Scientific and Technical
Subcommittee in the preparation of such a standard. In addition, a third potential
course of action was identified, which is presented below as option 2. The Working
Group on the Use of Nuclear Power Sources in Outer Space also considered but
discarded a fourth option, namely to take no further action.
3. The three options are not mutually exclusive. For example, option 2 or 3 could
be adopted as initial actions aimed at building consensus, while retaining the
possibility of pursuing option 1 in the future. Option 2 in particular seems unlikely
to be a stand-alone option, but rather a step towards one of the other options.
II. Possible organizational plans under the framework of
cooperation between the International Atomic Energy
Agency and the Office for Outer Space Affairs
Option 1: initiate a joint programme of work with IAEA to develop a safety
standard for nuclear power sources in outer space, using IAEA’s safety standard
development process with appropriate involvement of experts from the Committee
on the Peaceful Uses of Outer Space and its Scientific and Technical Subcommittee,
taking into consideration the reporting mechanisms and procedures of IAEA and the
Committee.
4. IAEA, in cooperation with the Office for Outer Space Affairs, has prepared a
paper, attached to the present note as appendix I, that provides a summary of the
main features of the IAEA process and indicates suggested procedures for the
involvement of experts from the Committee on the Peaceful Uses of Outer Space in
the various stages of the process. If the Scientific and Technical Subcommittee
decides to pursue this option, a request (possibly from the Subcommittee) to IAEA
to initiate joint work on a safety standard could be accommodated in IAEA’s
2006-2007 programme.
Option 2: organize, jointly with IAEA, a workshop/technical meeting, possibly in
the second half of 2004, to discuss the scope and general attributes of a potential
safety standard for nuclear power sources in outer space.
5. The basis for discussions would be two or more papers prepared in advance:
one or more drafted by interested members of the Working Group on the Use of
Nuclear Power Sources in Outer Space from a “space community” perspective; one
drafted by IAEA experts, from a “standard setters” perspective. The aim would be to
improve each set of experts’ understanding of the other set’s perspectives and to
move towards a shared vision of the scope and general attributes of a potential
safety standard. The discussions should take into account the preliminary attributes
of an international technically based framework of goals and recommendations for
the safety of planned and foreseeable nuclear power source applications in outer
space identified by the Working Group on the Use of Nuclear Power Sources in
Outer Space (see A/AC.105/804, annex IV, para. 8). If such a workshop/technical
meeting were agreed to, it would need to be added to the appropriate year of the
work plan of the Scientific and Technical Subcommittee and the work plan would
have to be adjusted accordingly. The results of the workshop/technical meeting
would be reported to the next session of the Subcommittee.
6. The workshop/technical meeting could be held in Vienna, at the Vienna
International Centre. IAEA would be able to organize and provide facilities for the
meeting and the Office for Outer Space Affairs could consider the possibility of
providing interpretation, subject to resources being available. Proposed terms of
reference for such a workshop/technical meeting are set out in appendix II to the
present paper.
Option 3: promote work by interested members of the Working Group on the Use of
Nuclear Power Sources in Outer Space to develop common standards on a
multilateral basis, for consideration by the Scientific and Technical Subcommittee,
with a view to the Subcommittee requesting IAEA to undertake a peer review of the
draft standards.
7. The organizational plan for this option would be relatively straightforward:
interested member States would make the necessary arrangements to prepare draft
common standards for consideration by the Subcommittee, possibly at its fortysecond session, in 2005. Any request from the Subcommittee to IAEA for peer
review could be treated by IAEA as an ad hoc request to provide for the application
of its safety standards. Such requests are normally accommodated within its regular
programme (as existing financial resources permit) or, if specific additional
resources were made available by interested States, could be carried out as an
extrabudgetary task.
Appendix I
Potential co-sponsorship of an effort to develop an
international space nuclear power source technical safety
standard: a brief description of International Atomic
Energy Agency procedures and preliminary suggestions for
cooperation with the Committee on the Peaceful Uses of
Outer Spacea
Paper prepared by the International Atomic Energy Agency in
cooperation with the Office for Outer Space Affairsb
I. The International Atomic Energy Agency safety standards
1. The International Atomic Energy Agency (IAEA) Statute authorizes the
Agency “to establish or adopt, in consultation and, where appropriate, in
collaboration with the competent organs of the United Nations and with the
specialized agencies concerned, standards of safety for protection of health and
minimization of danger to life and property”.
2. IAEA’s safety standards are binding on the Agency for its own activities and
for Agency-assisted activities in member States, but are not binding on its member
States for their own activities, although member States may choose to incorporate or
adapt them in their own legislation.
3. Safety standards fall into three categories: “safety fundamentals” set out the
basic objectives, concepts and principles for safety; “safety requirements” specify
requirements that are essential to satisfy the basic safety principles (known as
“shall” statements); and “safety guides” recommend more detailed measures to
comply with the safety requirements (known as “should” statements).
II. Preparation and review process for International Atomic
Energy Agency safety standards
4. The preparation and review process for safety standards involves four
committees of experts nominated by IAEA member States and appointed by the
Director General, the Nuclear Safety Standards Advisory Committee (NUSSC) for
nuclear installation safety, the Radiation Safety Standards Committee (RASSC)c for
radiation source safety, the Waste Safety Standards Committee (WASSC) for
radioactive waste safety and the Transport Safety Standards Committee (TRANSSC)
for safety of transport of radioactive material. The committees are overseen by a
commission of senior officials from member States with large nuclear programmes.
5. In response to a request or identified need, the Agency secretariat drafts an
outline and work plan (called a “document preparation profile”) describing the
proposed standard. The document must be approved by the relevant committee(s)
and commission for work to proceed.
6. Drafting of the standard is usually done by small groups of consultants,d
assisted by the Agency Secretariat. When the draft is sufficiently advanced, it is
reviewed by the relevant committee(s).
7. When agreed by the committee(s), the draft is distributed to all IAEA member
States for comment. Comments are incorporated by the secretariat, with the
assistance of consultants when necessary, and the draft is returned to the
committee(s).
8. When the committee(s) have endorsed the draft, it is reviewed by the
commission. When approved by the commission (and an internal review committee),
safety guides can be published. Safety requirements and safety fundamentals must
first be approved by the Board of Governors.
9. The whole process to publication typically takes about three years.
III. Initiating the safety standards process
10. Although IAEA has the authority to initiate work on safety standards, the best
basis for the Agency to proceed would be a formal request from the Committee on
the Peaceful Uses of Outer Space or its Scientific and Technical Subcommittee,
whichever is appropriate. A request delivered during 2004 could be taken formally
into account in preparing IAEA’s programme for 2006-2007. Depending on other
priorities, some earlier work might be accommodated within the general safety
standards programme. Since the level of participation by co-sponsoring
organizations in the preparation and review process varies, it would be advisable to
indicate in the request the degree and type of involvement by the Committee on the
Peaceful Uses of Outer Space that is foreseen. In the event that the request were to
encompass the development of a safety standard, the request should indicate:
(a) The scope of the standards envisaged;
(b) The “level” of standards, i.e. whether they would be considered basic
principles, requirements/obligations (“shall” statements) or guidance/recommendations (“should” statements);
(c) The intended relationship to the existing Principles Relevant to the Use
of Nuclear Power Sources in Outer Space. The task of developing new standards
would be simplified considerably if there was flexibility to deviate from the existing
Principles if necessary and IAEA would strongly recommend that this flexibility be
allowed. If the new standards are intended to complement, rather than replace or be
incorporated into, the Principles, it would also be useful to have some indication of
the extent to which comments on the Principles from IAEA would be welcomed and
the mechanisms for providing such comment.
11. Since a decision to request IAEA to develop safety standards would be a
policy decision, the request should come from an intergovernmental body (rather
than the Office for Outer Space Affairs). In that connection, the Scientific and
Technical Subcommittee’s work plan for developing an international technically
based framework of goals and recommendations for the safety of nuclear power
source applications in outer space (A/AC.105/804, annex III) calls for the
Subcommittee in 2004, if appropriate, to “make a preliminary decision on whether
to recommend co-sponsorship with IAEA of a technical standard development effort
starting in 2006”. It also notes that such a preliminary decision would allow for the
inclusion of any necessary provisions in the IAEA programme and budget for the
biennium 2006-2007.
12. The preliminary decision would then be considered for endorsement at the
forty-seventh session of the Committee on the Peaceful Uses of Outer Space, in
June 2004, and then by the United Nations General Assembly later in the year,
probably in December. Following endorsement by the General Assembly, the
decision could be confirmed to IAEA in late 2004.
IV. Member States
13. IAEA has 136 member States; the Committee on the Peaceful Uses of Outer
Space has 65. The only member State of the Committee that is not also an IAEA
member State is Chad. If the Committee were to initiate a technical standard
development with IAEA in 2006, then when IAEA invited its member States to
provide comments on draft safety standards, the request could also be forwarded by
the Office for Outer Space Affairs to States members of the Committee via a note
verbale. Although for the most part the invitations from IAEA and the Office for
Outer Space Affairs would be going to the same Permanent Missions, it is possible
that the Missions might channel the two invitations to different experts.
V. Languages
14. In recent years, IAEA has typically had about 30-40 safety standards at various
stages of development at any one time, and typically held about 30-40 drafting
meetings per year to work on those standards. For reasons of efficiency, therefore,
IAEA standards are developed in English and translated only after approval by the
Commission. Meetings to draft and review safety standards are conducted in
English and draft standards exist only in English during development.e If this is
unacceptable to participants in the process from the Committee on the Peaceful
Uses of Outer Space, special arrangements (and resources) would be needed for
interpretation and/or translation; however, neither IAEA nor the Office for Outer
Space Affairs has a budget to provide interpretation during IAEA meetings. One
possibility would be for countries needing interpretation during an IAEA meeting to
bring an interpreter to the meeting themselves. Another possibility could be that
some member States might volunteer to cover the interpretation costs.
VI. Preparation and approval
15. IAEA’s procedures for review and approval of safety standards are described
above. One question regarding any proposed standard on nuclear power sources in
outer space would be which of the safety standards committees to consult.
Consideration needs to be given to the points in IAEA’s process at which the
Committee on the Peaceful Uses of Outer Space would wish to conduct its own
review and approval procedures and the appropriate bodies to involve. Some or all
of the following mechanisms could be used to allow interaction between the
Committee and IAEA:
(a) IAEA might wish to invite some experts involved with or recommended
by the Working Group on the Use of Nuclear Power Sources in Outer Space to
participate in the IAEA group of consultants;
(b) IAEA could make a presentation and/or submit a short written report (to
be distributed in the six official languages) to the annual session of the Scientific
and Technical Subcommittee on the progress in the development of the standards;
(c) The Working Group on the Use of Nuclear Power Sources in Outer Space
could carry out a regular review of the latest draft of the standards, both during
regular meetings in connection with Scientific and Technical Subcommittee sessions,
and possibly during intersessional meetings;
(d) Although both IAEA and the Committee on the Peaceful Uses of Outer
Space would review the standards from the perspective of its own area of expertise,
it would be desirable to have some exchange between them; for example,
representatives of the Office for Outer Space Affairs or the Working Group on the
Use of Nuclear Power Sources in Outer Space might participate in discussions in the
relevant IAEA committee(s) to assist the safety specialists in understanding the
outer space context. To this end, the Working Group could be represented, possibly
by its Chairman and/or other member(s), during the discussion of draft standards by
the IAEA committees. This would provide a reciprocal arrangement to the IAEA’s
representation at meetings of the Working Group and the Scientific and Technical
Subcommittee.
16. In order for IAEA and the Committee on the Peaceful Uses of Outer Space to
develop joint standards, it would be necessary to consider how to ensure that the
two bodies approve the same set of standards. If the second body to approve the
standards were to introduce changes at the final adoption stage, the revised
standards would presumably have to be re-examined by the other body for
re-approval. In this regard, IAEA’s mechanism of issuing interim standards, after
approval by IAEA but pending approval by co-sponsors, could be employed.
VII. Summary of issues
17. Clearly, the first issue is whether the Committee on the Peaceful Uses of Outer
Space wishes to work with IAEA on the development of safety standards for nuclear
power sources in outer space. If the Committee decides to do so, then the main
issues that need to be clarified are:
(a) Working language(s) and interpretation during IAEA meetings;
(b) Review and approval mechanisms of the Committee;
(c) The intended relationship between new standards and the existing
Principles Relevant to the Use of Nuclear Power Sources in Outer Space.
Appendix II
Proposed terms of reference for a joint Committee on the
Peaceful Uses of Outer Space/International Atomic Energy
Agency workshop/technical meeting to discuss the scope and
general attributes of a potential safety standard for nuclear
power sources in outer space
Objective
1. To have an exchange of perspectives between experts from the Scientific and
Technical Subcommittee of the Committee on the Peaceful Uses of Outer Space and
the International Atomic Energy Agency (IAEA) on the scope and general attributes
of a potential safety standard for nuclear power sources in outer space.
Terms of reference
2. The workshop/technical meeting would:
(a) Briefly review relevant background information, such as:
(i) Report of the Working Group on the Use of Nuclear Power Sources in
Outer Space: a review of international documents and national processes
potentially relevant to the peaceful uses of nuclear power sources in outer
space (A/AC.105/781);
(ii) A working paper from IAEA on its processes and procedures for
developing general nuclear safety standards and obtaining the endorsement of
its member States;
(b) Consider working papers, one or more to be prepared by member States
of the Committee on the Peaceful Uses of Outer Space on the unique features
associated with the use of nuclear power sources in outer space applications that
bear on potential safety standards; and one, to be prepared by IAEA experts, on the
scope and general attributes of a potential safety standard from the perspective of
safety standard setters;
(c) Discuss the possible scope of a potential safety standard for nuclear
power sources in outer space;
(d) Discuss a set of potential attributes of a potential safety standard for
nuclear power sources in outer space, taking account of the preliminary attributes of
an international technically based framework of goals and recommendations for the
safety of planned and foreseeable nuclear power source applications in outer space
(A/AC.105/804, annex IV, para. 8);
(e) If appropriate, consider preliminary components of such a potential
safety standard for nuclear power sources in outer space;
(f) Prepare an agreed joint report of the workshop/technical meeting for
submission to IAEA and the Scientific and Technical Subcommittee of the
Committee on the Peaceful Uses of Outer Space.
Duration
3. Provisionally, it is assumed that the workshop/technical meeting would last for
two days. During the first day, after the formal introductions, the background papers,
IAEA working paper and member State working papers would be presented. The
papers would provide an input for discussing the potential scope, general attributes
and components of a potential safety standard for nuclear power sources in outer
space.
4. On the second day, delegates would continue their discussions in the morning.
During the afternoon, workshop participants would draft a report back to IAEA and
the Scientific and Technical Subcommittee, presenting the consensus on the topics
covered during the workshop.
Venue and timing
5. The workshop/technical meeting could be organized by the Office for Outer
Space Affairs and the IAEA secretariat in Vienna in the autumn of 2004, if possible
immediately adjacent to the RASSC meeting in order to facilitate attendance by
IAEA experts. | [
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452124 | United Nations S/2001/1058
Security Council Distr.: General
9 November 2001
English
Original: French
01-63121 (E) 091101
*0163121*
Draft resolution
The Security Council,
Recalling its previous resolutions and statements by its President,
Reaffirming the obligation of all States to refrain from the use of force against
the territorial integrity and political independence of any State, or in any other
manner inconsistent with the purposes of the United Nations, and reaffirming also
the political independence, the territorial integrity and the sovereignty of the
Democratic Republic of the Congo, including over its natural resources,
Taking note of the Secretary-General’s report of 16 October 2001 (S/2001/970)
and its recommendations,
Welcoming the participation of the Political Committee for the implementation
of the Lusaka Ceasefire Agreement (S/1999/818) in joint meetings held on 9
November 2001,
Determining that the situation in the Democratic Republic of the Congo
continues to pose a threat to international peace and security in the region,
1. Welcomes the general respect for the ceasefire among the parties to the
Lusaka Ceasefire Agreement, expresses nonetheless its concern at the hostilities in
areas of the eastern Democratic Republic of the Congo and calls on the parties to
cease any form of support to the armed groups, particularly in the east of the
country;
2. Welcomes the withdrawal of some foreign forces from the Democratic
Republic of the Congo, including the full Namibian contingent, as a positive step
towards the full withdrawal of all foreign forces, and requests all States that have
not yet done so to begin to implement, without delay, their full withdrawal in
accordance with resolution 1304 (2000) of 16 June 2000;
3. Demands once again that Kisangani be demilitarized rapidly and
unconditionally in accordance with Security Council resolution 1304 (2000), takes
note of the pledge by the RCD-Goma during the 4411th meeting of 9 November
2001 fully to demilitarize the city, welcomes the decision of the Secretary-General to
further deploy MONUC personnel in this city, notably to contribute to the training
of police, stresses that, once demilitarized, no party will be permitted to reoccupy
the city militarily and welcomes in this regard the pledge by the Government of the
DRC, during the same meeting, to respect this provision;
4. Expresses its support for the inter-Congolese dialogue, one of the key
elements ofthe peace process, and for all efforts to promote this process, calls on
the Congolese parties to work together for the success of the dialogue, and expresses
its support for the Facilitator and his call on the parties to make the dialogue fully
inclusive;
5. Expresses its grave concern at the repeated human rights violations
throughout the Democratic Republic of the Congo in particular in the territories
under the control of the rebel groups party to the Lusaka Ceasefire Agreement, and
calls on all parties to put an end to such violations;
6. Expresses its serious concern with regard to the humanitarian situation in
the DRC and calls on the international community to increase, without delay, its
support for humanitarian activities;
7. Expresses its serious concern with regard to the economic difficulties
facing the Democratic Republic of the Congo, stresses that progress in the peace
process and the economic recovery and development of the country are
interdependent, and in this regard underlines the urgent need for increased
international economic assistance in support of the peace process;
8. Reiterates its condemnation of all illegal exploitation of the natural
resources of the Democratic Republic of the Congo, demands that such exploitation
cease and stresses that the natural resources of the Democratic Republic of the
Congo should not be exploited to finance the conflict in that country;
9. Emphasizes that there are links between the peace processes in Burundi
and in the Democratic Republic of the Congo and, welcoming the recent progress in
the Burundi process, invites the parties to the Lusaka Ceasefire Agreement to work
with the Burundian authorities to advance these two processes;
10. Supports the launching of phase III of the deployment of the United
Nations Organization Mission in the Democratic Republic of the Congo (MONUC)
on the basis of the concept of operations detailed in paragraphs 59 to 87 of the
Secretary-General’s report (S/2001/970) and stresses, in this regard, the importance
it attaches to the deployment of MONUC in the east of the Democratic Republic of
the Congo, in conformity with the new concept of operation and within the overall
ceiling, including in the cities of Kindu and Kisangani;
11. Notes with concern the joint communiqué issued on 4 November 2001 by
the Secretaries General of the Mouvement de Libération du Congo and of the
Rassemblement Congolais pour la Démocratie concerning the deployment of a joint
special force in Kindu, and stresses that appropriate conditions will be necessary to
allow MONUC to fulfil its role in Kindu and to ensure that discussions on the
voluntary disarmament and demobilization of concerned armed groups take place in
a neutral environment;
12. Affirms that the implementation of phase III of the deployment of
MONUC requires the following steps from the parties and requests the SecretaryGeneral to report on progress thereon:
(i) The transmission to MONUC, as soon as possible and in accordance with
its resolution 1355 (2001) of 15 June 2001, of the necessary operational
information for the planning of MONUC support for the process of total
withdrawal of foreign troops present in the territory of the Democratic
Republic of the Congo, including the number of foreign military personnel in
the territory of the DRC, their equipment and armament, their exit routes, and
a precise timetable for implementation;
(ii) The transmission to MONUC, as soon as possible and in accordance with
its resolution 1355 (2001), of the necessary operational information for the
planning of MONUC’s mandated role in the process of disarmament,
demobilization, repatriation, resettlement and reintegration (DDRRR)
programme for the armed groups referred to in annex A, chapter 9.1 of the
Lusaka Ceasefire Agreement, including the number of persons concerned, their
equipment and armament, their location, their intentions, as well as a precise
timetable for implementation;
(iii) The establishment of a direct dialogue between the governments of the
Democratic Republic of the Congo and Rwanda leading to confidence building
and a joint mechanism for coordination, and exchanges of information
regarding the DDRRR process;
(iv) The establishment by the governments of the countries concerned, in
particular Rwanda, and noting steps taken so far, of conditions conducive to
voluntary DDRRR of the members of the armed groups concerned, in
particular, by assuring the protection of the personal safety of the members of
these armed groups, their civil rights and their economic reintegration
including with the assistance of the donor community;
(v) The demilitarization of Kisangani;
(vi) The full restoration of freedom of movement for persons and goods
between Kinshasa and Kisangani and throughout the country;
(vii) The full cooperation by the parties with MONUC military and logistical
operations, as well as its humanitarian, human rights, and child protection
activities, including by permitting unrestricted access to ports and airports, and
by refraining from introducing administrative and other impediments;
13. Expresses its satisfaction at the partnership established with the parties to
the Lusaka Ceasefire Agreement, strengthened by regular contacts between the
Political Committee for the implementation of that Agreement and the Council, and
reiterates its firm determination to continue to provide assistance to the parties in
their efforts to achieve peace;
14. Commends the outstanding work of MONUC personnel in challenging
conditions, and pays tribute in particular to the efforts of the Special Representative
of the Secretary-General;
15. Decides to remain actively seized of the matter. | [
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495235 | United Nations E/C.19/2003/L.9
Economic and Social Council Distr.: Limited
19 May 2003
Original: English
03-36462 (E) 190503
*0336462*
Permanent Forum on Indigenous Issues
Second session
New York, 12-23 May 2003
Draft decision submitted by the Rapporteur
The Permanent Forum on Indigenous Issues recommends to the Economic and
Social Council the adoption of the following draft decision:
“Bureau of the Permanent Forum on Indigenous Issues
“The Economic and Social Council, having taken note that the Permanent
Forum on Indigenous Issues considered it useful to designate six members for
its Bureau at its first and second sessions, confirms that emerging practice as a
method of work of the Forum.” | [
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605001 | GE.07-13541 (E) 090807
UNITED
NATIONS A
General Assembly Distr.
GENERAL
A/HRC/OM/1/1
7 August 2007
Original: ENGLISH
HUMAN RIGHTS COUNCIL
First organizational meeting
19-22 June 2007
REPORT TO THE GENERAL ASSEMBLY ON THE ORGANIZATIONAL
MEETING OF THE HUMAN RIGHTS COUNCIL*
Vice-President and Rapporteur: Mr. Alejandro Artucio (Uruguay)
* The format of the present report should not serve as a precedent for any future
organizational meeting of the Council.
CONTENTS
Chapter Page
I. Resolutions and decisions adopted by the Human Rights Council at its
organizational meeting ...................................................................................... 4
A. Resolutions
OM/1/1. Report of the United Nations High Commissioner for
Human Rights on the follow-up to the report of the
Commission of Inquiry on Lebanon ........................................ 4
OM/1/2. Human rights situation in the Occupied Palestinian
Territory: follow-up to Human Rights Council
resolutions S-1/1 and S-3/1 ...................................................... 4
OM/1/3. Follow-up to resolution 4/8 of 30 March 2007 adopted by
the Human Rights Council at its fourth session entitled
“Follow-up to decision S-4/101 of 13 December 2006,
adopted by the Council at its fourth special session entitled
‘Situation of human rights in Darfur’” .................................... 5
B. Decisions
OM/1/101. Postponement of consideration of pending draft resolution
and decisions ............................................................................ 6
OM/1/102. Dates of the sixth session ......................................................... 6
OM/1/103. Postponement of the first session of the Preparatory
Committee for the Durban Review Conference ...................... 6
Paragraphs
II. Organizational and procedural matters ...................................... 1 - 16 6
A. Opening and duration of the organizational meeting ................. 1 - 3 6
B. Attendance ................................................................................. 4 7
C. Election of officers .................................................................... 5 - 7 7
D. Organization of work ................................................................. 8 - 13 7
E. Meeting and documentation ...................................................... 14 - 16 9
CONTENTS (continued)
Chapter Paragraphs Page
III. Other matters ................................................................................. 17 - 41 9
A. Follow-up to decisions of the Human Rights Council ............... 17 - 22 9
B. Consideration and action on draft proposals ............................. 23 - 41 11
IV. Reports to the General Assembly on the fifth session
and the organizational meeting of the Council ........................... 42 - 44 14
Annex
Estimated administrative and programme budget implications of resolutions and
decisions adopted by the Council at its organizational meeting ........................................... 15
I. Resolutions and decisions adopted by the Human Rights
Council at its organizational meeting
A. Resolutions
OM/1/1. Report of the United Nations High Commissioner for
Human Rights on the follow-up to the report of the
Commission of Inquiry on Lebanon
The Human Rights Council,
Recalling its resolution S-2/1 of 11 August 2006 on “The grave situation of human rights
in Lebanon caused by Israeli military operations”,
Recalling also its resolution 3/3 of 8 December 2006 in which it requested the
United Nations High Commissioner for Human Rights to consult with the Government of
Lebanon on the report of the Commission of Inquiry on Lebanon and its findings and on the
relevant recommendations contained therein,
Having considered the report of the United Nations High Commissioner for Human Rights
on the follow-up to the report of the Commission of Inquiry on Lebanon (A/HRC/5/9),
1. Takes note with satisfaction of the factual report of the United Nations
High Commissioner for Human Rights (A/HRC/5/9);
2. Requests the High Commissioner to extend support to the activities and programmes
of the Government of Lebanon, in particular those consistent with her report.
Organizational meeting 1,
20 June 2007
[Adopted without a vote. See chap. III.]
OM/1/2. Human rights situation in the Occupied Palestinian Territory:
follow-up to Human Rights Council resolutions S-1/1 and S-3/1
The Human Rights Council,
Recalling its resolutions S-1/1 of 6 July 2006 and S-3/1 of 15 November 2006,
Noting with regret that Israel, the occupying Power, has not to date implemented these
two resolutions and hindered the dispatching of the urgent fact-finding missions specified
therein,
1. Calls for the implementation of its resolutions S-1/1 of 6 July 2006 and S-3/1 of
15 November 2006, including the dispatching of the urgent fact-finding missions;
2. Requests the President of the Human Rights Council and the United Nations
High Commissioner for Human Rights to report to the Council at the next session to be held in
September 2007, on their efforts for the implementation of Council resolutions S-1/1 and S-3/1
and on the compliance of Israel, the occupying Power, with these two resolutions.
Organizational meeting 1,
20 June 2007
[Adopted without a vote. See chap. III.]
OM/1/3. Follow-up to resolution 4/8 of 30 March 2007 adopted by
the Human Rights Council at its fourth session entitled
“Follow-up to decision S-4/101 of 13 December 2006,
adopted by the Council at its fourth special session
entitled ‘Situation of human rights in Darfur’”
The Human Rights Council,
1. Welcomes the report on the situation of human rights in Darfur prepared by the group
of experts mandated by the Human Rights Council in resolution 4/8 (A/HRC/5/6);
2. Requests the group of experts to continue its work for six months and to submit an
update to the session of the Council in September 2007 and a final report to the following session
of the Council.
Organizational meeting 1,
20 June 2007
[Adopted without a vote. See chap. III.]
B. Decisions
OM/1/101. Postponement of consideration of pending
draft resolution and decisions
At its organizational meeting, on 20 June 2007, the Human Rights Council decided,
without a vote, to postpone action on the following draft resolution and decisions deferred from
previous sessions to its September session, pursuant to its decision 4/105 of 30 March 2007:
− A/HRC/2/L.19 entitled “The use of mercenaries as a means of violating human rights
and impeding the exercise of the right of peoples to self-determination”;
− A/HRC/2/L.30 entitled “World Programme for Human Rights Education”;
− A/HRC/4/L.3 entitled “Israeli violations of religious and cultural rights in Occupied
East Jerusalem”.
OM/1/102. Dates of the sixth session
At its organizational meeting, on 22 June 2007, the Human Rights Council decided,
without a vote, to convene its sixth session from 10 to 28 September 2007.
OM/1/103. Postponement of the first session of the Preparatory
Committee for the Durban Review Conference
At its organizational meeting, on 22 June 2007, the Human Rights Council decided,
without a vote, to postpone the first session of the Preparatory Committee for the Durban Review
Conference.
II. ORGANIZATIONAL AND PROCEDURAL MATTERS
A. Opening and duration of the organizational meeting
1. In accordance with rule 8 of its rules of procedure as contained in the annex to
resolution 5/1 of 18 June 2007, the Human Rights Council held the organizational meeting of
the second cycle at the United Nations Office at Geneva from 19 to 22 June 2007 (see also
paragraph 13 below).
2. On 19 June, the organizational meeting was opened by Mr. Luis Alfonso de Alba,
President of the Human Rights Council during its first year.
3. On 20 June, the observer for Spain addressed the Council. On the same day, the
United Nations High Commissioner for Human Rights, Ms. Louise Arbour, made a statement.
B. Attendance
4. The organizational meeting was attended by representatives of States members of the
Council, observers for non-member States of the Council, observers for non-Member States of
the United Nations and other observers, as well as observers for United Nations entities,
specialized agencies, and related organizations, intergovernmental organizations and other
entities, national human rights institutions and non-governmental organizations.
C. Election of officers
5. On 19 June 2007, the Council elected the following officers by acclamation:
President: Mr. Doru Romulus Costea (Romania)
Vice-Presidents: Mr. Mohamed-Siad Doualeh (Djibouti)
Mr. Boudewijn van Eenennaam (Netherlands)
Mr. Dayan Jayatilleka (Sri Lanka)
Vice-President and Rapporteur: Mr. Alejandro Artucio (Uruguay)
6. On the same date, the President made a statement.
7. On 22 June 2007, the President made a closing statement.
D. Organization of work
8. On 19 June, the Council considered the organization of its work, including the
speaking-time limits, which would be as follows: four minutes for statements by States members
of the Council and concerned countries, and two minutes for statements by observers for
non-member States of the Council and other observers, including United Nations entities,
specialized agencies and related organizations, intergovernmental organizations and other
entities, national human rights institutions and non-governmental organizations. The list of
speakers would be drawn up in chronological order of registration and the order of speakers
would be as follows: concerned countries, if any, followed by States members of the Council,
observers for non-member States of the Council, and other observers.
9. On 22 June, the Council further considered the organization of its work, pursuant to
rule 8 of its rules of procedure. On the same date, statements in connection with the organization
of the Council’s work were made by the representatives of Brazil, China, Germany (on behalf of
the European Union), India, Italy, the Netherlands, Nigeria, Pakistan, Slovenia, South Africa, the
United Kingdom of Great Britain and Northern Ireland, and Uruguay, and the observers for
Algeria, Australia and Portugal.
10. On the same date, Ms. Gay McDougall, independent expert on minority issues and
Chairperson-Rapporteur of the Meeting of Special Procedures Mandate-Holders, addressed the
Council.
11. Also on the same date, the Council decided, without a vote, on the dates of its
sixth session. For the text of the decision as adopted, see chapter I, section B,
decision OM/1/102.
12. Also on the same date, the Council decided, without a vote, to hold its organizational
meeting two weeks before the beginning of its sixth session, in accordance with rule 8 of its rules
of procedure as contained in the annex to resolution 5/1 of 18 June 2007.
13. Also on the same date, the President of the Council updated the Council on the
implementation of resolution 3/2 of 8 December 2006 entitled “Preparations for the Durban
Review Conference”, in particular its paragraph 2 in which the Council decided, inter alia, that
“the Preparatory Committee shall hold an organizational session of one week in May 2007”. The
organizational session of the Preparatory Committee was scheduled to take place from 25 to
29 June 2007, as requested by the main sponsors and agreed upon by the Bureau of the Council
at the 32nd meeting, on 30 March 2007. On 22 June, the Council decided, without a vote, to
postpone the organizational session of the Preparatory Committee to a future date. For the text of
the decision as adopted, see chapter I, section B, decision OM/1/103.
E. Meeting and documentation
14. As indicated in paragraph 1 above, the Council met on 19, 20 and 22 June 2007 during its
organizational meeting.
15. The texts of the resolutions and decisions adopted by the Council are contained in chapter I
of the present report.
16. The annex to the present report contains the estimated administrative andprogramme
budget implications of Council resolutions and decisions.
III. OTHER MATTERS
A. Follow-up to decisions of the Human Rights Council
Institution-building of the United Nations Human Rights Council/Draft code of conduct for
special procedures mandate-holders of the Human Rights Council
17. On 19 June 2007, the Council proceeded with the necessary follow-up concerning the
agreement on resolution 5/1 entitled “Institution-building of the United Nations Human Rights
Council” and resolution 5/2 entitled “Code of Conduct for Special Procedures Mandate-Holders
of the Human Rights Council”, adopted jointly at the 9th meeting on 18 June, pursuant to
Council decision 5/101, also adopted at the 9th meeting. At the same meeting, on 18 June, the
Council also decided to refer to its organizational meeting, starting on 19 June, the necessary
follow-up concerning that agreement.
18. A point of order was raised by the representative of Canada, as to whether a decision had
been taken at the 9th meeting of the fifth session, on 18 June.
19. The President ruled that a decision had been taken and that the Council needed to
proceed with the necessary follow-up. The President’s ruling was put to the vote and approved
by 46 votes to 1. The voting was as follows:
In favour: Angola, Azerbaijan, Bangladesh, Bolivia, Bosnia and Herzegovina, Brazil,
Cameroon, China, Cuba, Djibouti, Egypt, France, Gabon, Germany, Ghana,
Guatemala, India, Indonesia, Italy, Japan, Jordan, Madagascar, Malaysia,
Mali, Mauritius, Mexico, Netherlands, Nicaragua, Nigeria, Pakistan, Peru,
Philippines, Qatar, Republic of Korea, Romania, Russian Federation,
Saudi Arabia, Senegal, Slovenia, South Africa, Sri Lanka, Switzerland,
Ukraine, United Kingdom of Great Britain and Northern Ireland, Uruguay,
Zambia.
Against: Canada.
Abstaining: None.
20. On 19 and 20 June 2007, pursuant to decision 5/101, the following representatives of
States members of the Council explained their vote after the vote on resolutions 5/1 and
5/2 adopted at the 9th meeting, on 18 June: Algeria (on behalf of the Group of African States),∗
∗ Non-member State speaking on behalf of one or more member States.
Angola, Azerbaijan, Bangladesh, Bosnia and Herzegovina, Brazil, Canada, China, Cuba, Egypt,
France, Germany (on behalf of the European Union), Ghana, India, Indonesia, Italy, Japan,
Madagascar, Malaysia, Nicaragua, Nigeria, Pakistan (also on behalf of the Organization of
the Islamic Conference), Peru, Philippines, Republic of Korea, Russian Federation, Senegal,
Slovenia, South Africa, Sri Lanka, Switzerland, United Kingdom of Great Britain and
Northern Ireland, Uruguay, Zambia.
21. On the same dates, statements in connection with resolutions 5/1 and 5/2 were also made
by the following:
(a) Observers for the following States: Algeria, Argentina, Bahrain, Chile,
Czech Republic, Ecuador, Iran (Islamic Republic of), Israel, Lebanon, Morocco, Poland,
Singapore, Thailand, Tunisia, Turkey, United States of America and Venezuela
(Bolivarian Republic of);
(b) Observer for the Holy See;
(c) Observers for the following intergovernmental organizations: African Union and
International Organization of la Francophonie;
(d) Observers for the following non-governmental organizations: Comité international
pour le respect et l’application de la Charte africaine des droits de l’homme et des peuples;
Indian Council of South America (also on behalf of International Federation for the Protection of
the Rights of Ethnic, Religious, Linguistic and Other Minorities, and International League for the
Rights and Liberation of Peoples); International Federation of University Women (also on behalf
of 3HO Foundation, International Council of Women, Medical Care Development International,
Pan Pacific and South East Asia Women’s Association, Temple of Understanding, and
Worldwide Organization for Women); International Organization of Indigenous Resource
Development (also on behalf of International Indian Treaty Council); International Service for
Human Rights (also on behalf of Amnesty International, Asian Forum for Human Rights and
Development, Asian Legal Resource Centre, Cairo Institute for Human Rights Studies,
Canadian HIV/AIDS Legal Network, Conectas Direitos Humanos, Friends World Committee for
Consultation, and Human Rights Watch); Movement Against Racism and for Friendship Among
Peoples (also on behalf of Europe-Third World Centre, International League for the Rights and
Liberation of Peoples and Women’s International League for Peace and Freedom); and
United Nations Watch.
22. On 20 June, the representative of Mexico made a statement in connection with
resolutions 5/1 and 5/2.
B. Consideration and action on draft proposals
23. On 20 June, the Council considered and took action on the draft proposals which had been
deferred from the fifth session, pursuant to its decision 5/102 adopted at the 9th meeting,
on 18 June.
24. On the same day, the Council decided, without a vote, to refer to its September session the
following draft proposals deferred to the fifth session pursuant to Council decision 4/105
of 30 March 2007:
− A/HRC/2/L.19 entitled “The use of mercenaries as a means of violating human rights
and impeding the exercise of the right of peoples to self-determination”;
− A/HRC/2/L.30 entitled “World Programme for Human Rights Education”;
− A/HRC/4/L.3 entitled “Israeli violations of religious and cultural rights in
Occupied East Jerusalem”.
25. For the text of the decision as adopted, see chapter I, section B, decision OM/1/101.
Report of the United Nations High Commissioner for Human Rights on the follow-up
to the report of the Commission of Inquiry on Lebanon
26. On 20 June, the representative of Pakistan (on behalf of the Organization of the Islamic
Conference and the Group of Arab States) introduced draft resolution A/HRC/5/L.4, sponsored
by Pakistan (on behalf of the Organization of the Islamic Conference) and the Sudan (on behalf
of the Group of Arab States). Cuba subsequently joined the sponsors.
27. The representative of Pakistan orally revised the draft resolution by deleting the word
“factual” in the third preambular paragraph.
28. A statement in connection with the draft resolution was made by the representative of
Germany (on behalf of the European Union).
29. The draft resolution, as orally revised, was adopted without a vote. For the text as adopted,
see chapter I, section A, resolution OM/1/1.
Human rights situation in the Occupied Palestinian Territory: follow-up to
Human Rights Council resolutions S-1/1 and S-3/1
30. On 20 June 2007, the representative of Pakistan (on behalf of the Organization of the
Islamic Conference and the Group of Arab States) introduced draft resolution A/HRC/5/L.5,
sponsored by Pakistan (on behalf of the Organization of the Islamic Conference) and
the Sudan (on behalf of the Group of Arab States). Cuba subsequently joined the sponsors.
31. Statements in connection with the draft resolution were made by the observers for Israel
and Palestine, as concerned countries, or parties.
32. The draft resolution was adopted without a vote.
33. Statements in explanation of vote after the vote were made by the representatives of
Canada and Germany (on behalf of the European Union).
34. For the text of the draft resolution as adopted, see chapter I, section A, resolution OM/1/2.
Follow-up to resolution 4/8 of 30 March 2007 adopted by the Human Rights Council
at its fourth session entitled “Follow-up to decision S-4/101 of 13 December 2006, adopted
by the Council at its fourth special session entitled ‘Situation of human rights in Darfur’”
35. On 20 June 2007, the representatives of Germany (on behalf of the European Union) and
Egypt (on behalf of the Group of African States) introduced draft resolution A/HRC/5/L.6,
sponsored by Germany (on behalf of the European Union) and Algeria (on behalf of the Group
of African States). Bosnia and Herzegovina, Serbia and Turkey subsequently joined the
sponsors.
36. In accordance with rule 153 of the rules of procedure of the General Assembly, the
attention of the Council was drawn to the estimated administrative and programme budget
implications* of the draft resolution.
37. A statement in connection with the draft resolution was made by the observer for the
Sudan as a concerned country.
38. The draft resolution was adopted without a vote.
39. A statement in explanation of vote after the vote was made by the representative of
Canada.
40. For the text of the draft resolution as adopted, see chapter I, section A, resolution OM/1/3.
Human rights situation in the Occupied Palestinian Territory
41. On 20 June, the President informed the Council that the main sponsors of draft decision
A/HRC/4/L.4 entitled “Human rights situation in the Occupied Palestinian Territory” (which had
been deferred to the fifth session pursuant to Council resolution 4/105 of 30 March 2007) had
decided to withdraw the draft decision.
* See annex.
IV. REPORTS TO THE GENERAL ASSEMBLY ON THE
FIFTH SESSION AND THE ORGANIZATIONAL
MEETING OF THE COUNCIL
42. On 20 June 2007, pursuant to Council decision 5/102 of 18 June, the Rapporteur and
Vice-President of the Council during its first year, Mr. Mousa Burayzat (Jordan), read out a
statement in connection with the draft report of the fifth session of the Council (A/HRC/5/L.10).
The draft report was adopted ad referendum, and the Council decided to entrust the Rapporteur
with the finalization of the report.
43. On 22 June, the Rapporteur and Vice-President of the Council during its second cycle,
Mr. Alejandro Artucio (Uruguay), read out a statement in connection with the draft report of the
organizational meeting of the Council (A/HRC/OM/1/L.10). The draft report was adopted
ad referendum, and the Council decided to entrust the Rapporteur with the finalization of the
report.
44. On the same date, the representative of Japan made a statement.
ANNEX
Estimated administrative and programme budget implications of resolutions
and decisions adopted by the Council at its organizational meeting
OM/1/3. Follow-up to resolution 4/8 of 30 March 2007 adopted by
the Human Rights Council at its fourth session entitled
“Follow-up to decision S-4/101 of 13 December 2006
adopted by the Council at its fourth special session
entitled ‘Situation of human rights in Darfur’”
1. Under the terms of operative paragraph 2 of draft resolution A/HRC/5/L.6, the Human
Rights Council would decide to request the Experts Group to continue its work for six months
and to submit an update to the session of the Council in September 2007 and a final report to the
following session of the Council.
2. Should the draft resolution be adopted by the Human Rights Council, the total full costs
for: (a) travel of the members of the Group (consisting of the Special Rapporteur on the situation
of human rights in the Sudan, the Special Representative of the Secretary-General for children
and armed conflict, the Special Rapporteur on extrajudicial, summary or arbitrary executions, the
Special Representative of the Secretary-General on the situation of human rights defenders, the
Representative of the Secretary-General on human rights of internally displaced persons, the
Special Rapporteur on the question of torture and the Special Rapporteur on violence against
women, its causes and consequences) for two meetings in Geneva of three working days each;
(b) travel of two representatives of the Group and two OHCHR staff for an eight-day mission to
Sudan (three days Khartoum and five days Darfur); (c) travel to Geneva for a representative of
the Group to present an update to the Human Rights Council in September 2007 and to present
the final report to the following session of the Council; (d) staff costs for a coordinator at the
P-4/5 level and one administrative assistant at the general service (other level) for six months;
and (e) conference services to be provided to the Group for two meetings of three working days
in 2007, are estimated in the amount of US$ 360,100 for the programme budget for the biennium
2006-2007 as follows:
United States dollars
Section 2, General Assembly and Economic and Social Council
affairs and conference management
80 100
Section 23, Human rights 276 000
Section 28E, Administration, Geneva 4 000
Total 360 100
3. Provisions have not been made under Sections 2, 23 and 28E of the programme budget for
the biennium 2006-2007 for the activities envisaged under operative paragraph 2. Should the
draft resolution be adopted, additional resources of US$ 360,100 would be required as reflected
in paragraph 2 above.
4. The Secretariat has sought to identify areas in the programme budget for the
biennium 2006-2007 from which resources can be redeployed to meet the requirements arising
from the draft resolution. It is anticipated that the additional requirements can be accommodated
to the extent possible within the resources already appropriated under the programme budget for
the biennium 2006-2007. Should any additional expenditures arise in the implementation of the
draft resolution, they would be reported accordingly in the context of the second performance
report of the programme budget for the biennium 2006-2007.
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489830 | United Nations S/2003/311
Security Council Distr.: General
13 March 2003
Original: English
03-28091(E) 130303
*0328091*
Letter dated 13 March 2003 from the Permanent Representative
of South Africa to the United Nations addressed to the President
of the Security Council
I have the honour to refer to the letter dated 7 March 2003 from President
Thabo Mbeki to the Secretary-General and later circulated to the Members of the
Security Council.
South Africa has been closely following the consultations in the Security
Council and specifically the proposals to set benchmarks against which Iraq’s
cooperation could be measured in a transparent and objective manner. The Security
Council may wish to consider that the current deliberations would be enhanced if the
Security Council received a draft work programme containing the “key remaining
disarmament tasks” from the weapons inspectors.
As you will recall, during his statement to the Security Council on 7 March
2003, the Executive Chairman of the United Nations Monitoring, Verification and
Inspection Commission (UNMOVIC) stated:
“Resolution 1284 (1999) instructs UNMOVIC to ‘address unresolved
disarmament issues’ and to identify ‘key remaining disarmament tasks’ and the
latter are to be submitted for approval by the Council in the context of a work
programme. UNMOVIC will be ready to submit a draft work programme this
month as required”.
South Africa believes that the work programme of the inspectors is central to
the negotiations under way in the Security Council. I therefore respectfully request
the Security Council to consider requesting UNMOVIC to present its draft work
programme as soon as possible.
I should be grateful if you would have the present letter circulated as a
document of the Security Council.
(Signed) Dumisani S. Kumalo
Ambassador
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405414 | United Nations S/PV.4087
00-23451 (E) This record contains the text of speeches delivered in English and of the interpretation of speeches
delivered in the other languages. The final text will be printed in the Official Records of the Security
Council. Corrections should be submitted to the original languages only. They should be
incorporated in a copy of the record and sent under the signature of a member of the delegation
concerned to the Chief of the Verbatim Reporting Service, room C-178.
Security Council Provisional
Fifty-fifth Year
4087th Meeting
Monday, 10 January 2000, 10 a.m.
New York
President: Mr. Gore ........................................ (United States of America)
Members: Argentina . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. Listre
Bangladesh . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. Chowdhury
Canada . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. Duval
China . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. Qin Huasun
France . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. Dejammet
Jamaica ......................................... Miss Durrant
Malaysia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. Hasmy
Mali . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. Ouane
Namibia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dr. Amathila
Netherlands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. van Walsum
Russian Federation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. Gatilov
Tunisia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. Mustapha
Ukraine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. Yel’chenko
United Kingdom of Great Britain and Northern Ireland . . . . . . . . Sir Jeremy Greenstock
Agenda
The situation in Africa
The impact of AIDS on peace and security in Africa
The meeting was called to order at10.30 a.m.
Adoption of the agenda
The agenda was adopted.
The situation in Africa
The impact of AIDS on peace and security in
Africa
The President: I should like to inform the Council
that I have received letters from the representatives of
Algeria, Australia, Brazil, Bulgaria, Cape Verde, Croatia,
Cuba, Cyprus, the Democratic Republic of the Congo,
Djibouti, Ethiopia, Indonesia, Italy, Japan, the Libyan Arab
Jamahiriya, Mongolia, New Zealand, Nigeria, Norway,
Portugal, the Republic of Korea, Senegal, South Africa,
Uganda, Zambia and Zimbabwe, in which they request to
be invited to participate in the discussion of the item on the
Council's agenda. In accordance with the usual practice, I
propose, with the consent of the Council, to invite those
representatives to participate in the discussion without the
right to vote, in accordance with the relevant provisions of
the Charter and rule 37 of the Council's provisional rules of
procedure.
There being no objection, it is so decided.
At the invitation of the President, Mr. Baali (Algeria),
Ms. Wensley (Australia), Mr. Fonseca (Brazil),
Mr. Sotirov (Bulgaria), Mr. Leao Monteiro (Cape
Verde), Mr. Šimonovic´ (Croatia), Mr. Rodríguez
Parrilla (Cuba), Mr. Zackheos (Cyprus), Mr. Ileka
(Democratic Republic of the Congo), Mr. Olhaye
(Djibouti), Mr. Mohammed (Ethiopia), Mr. Wibisono
(Indonesia), Mr. Vento (Italy), Mr. Satoh (Japan),
Mr. Dorda (Libyan Arab Jamahiriya),
Mr. Enkhsaikhan (Mongolia), Mr. Powles (New
Zealand), Mr. Mbanefo (Nigeria), Mr. Honningstad
(Norway), Mr. Brito (Portugal), Mr. Lee See-young
(Republic of Korea), Mr. Ka (Senegal), Mr. Kumalo
(South Africa), Dr. Kiyonga (Uganda), Mr. Kasanda
(Zambia) and Dr. Stamps (Zimbabwe) took the seats
reserved for them at the side of the Council Chamber.
The President: In accordance with the understanding
reached in the Council's prior consultations, and in the
absence of objection, I shall take it that the Security
Council agrees to extend an invitation under rule 39 of its
provisional rules of procedure to Mr. James Wolfensohn,
President of the World Bank; Mr. Mark Malloch Brown,
Administrator of the United Nations Development
Programme; and Dr. Peter Piot, Executive Director of the
Joint United Nations Programme on HIV/AIDS.
There being no objection, it is so decided.
I welcome Mr. Wolfensohn, Mr. Malloch Brown and
Dr. Piot, and invite them to take a seat at the Council
table.
Let me thank the members of the Council for the
honour of presiding over it, and for their willingness to
greet the dawn of this new millennium by exploring a
brand-new definition of world security. Today marks the
first time, after more than 4,000 meetings stretching back
over more than half a century, that the Security Council
will discuss a health issue as a security threat. We tend to
think of a threat to security in terms of war and peace.
Yet no one can doubt that the havoc wreaked and the toll
exacted by HIV/AIDS do threaten our security. The heart
of the security agenda is protecting lives, and we now
know that the number of people who will die of AIDS in
the first decade of the twenty-first century will rival the
number that died in all of the wars in all of the decades
of the twentieth century.
When 10 people in sub-Saharan Africa are infected
every minute; when 11 million children have already
become AIDS orphans, and many must be raised by other
children; when a single disease threatens everything from
economic strength to peacekeeping, we clearly face a
security threat of the greatest magnitude. This historic
meeting not only recognizes the real and present danger
to world security posed by the AIDS pandemic — which
I will discuss in further detail during my remarks as head
of the United States delegation — but also begins a
month-long focus by this Council on the special
challenges confronting the continent of Africa.
The powerful fact that we begin here today by
concentrating on AIDS has a still larger significance: it
sets a precedent for Security Council concern and action
on a broader security agenda. By the power of example,
this meeting demands of us that we see security through
a new and wider prism and, forever after, think about it
according to a new and more expansive definition.
For the past half century, the Security Council has
dealt with the classic security agenda built upon common
efforts to resist aggression and to stop armed conflict. We
have witnessed wars among nations, and violence on the
scale of war within nations, for many reasons: because of
2
claims of religious or racial superiority; because of lust for
power, disguised as ideology or rationalized as geo-strategic
doctrine; because of a sense that a small place or a larger
region, or even the whole world itself, was too small to
allow for the survival and prosperity of all, unless the
powerful could dominate the weak; because of the tendency
of too many to see themselves solely as separate groups,
celebrating and defending their exclusivity by demonizing
and dehumanizing others; and because of poverty, which
causes the collapse of hopes and expectations and the
coming apart of society, and makes people first desperate,
and then freshly open to evil leadership.
But while the old threats still face our global
community, there are new things under the sun — new
forces arising that now, or soon will, challenge international
order, raising issues of peace and war. As our world enters
the year 2000, it is not the change in our calendar that
matters. What matters is that in this symbolic transition
from old to new, we find one of those precious few
moments in all of human history when we have a chance to
become the change we wish to see in the world, by seeking
a common agreement to openly recognize a powerful new
truth that has been growing just beneath the surface of
every human heart. It is time to change the nature of the
way we live together on this planet.
From this new vantage point, we must forge and
follow a new agenda for world security, an agenda that
includes the global environmental challenge, which could
render all our other progress meaningless unless we deal
with it successfully; the global challenge of defeating drugs
and corruption, which now spill across our borders; the
global challenge of terror, magnified by the availability of
new weapons of mass destruction so small they can be
concealed in a coat pocket; the new pandemics laying waste
to whole societies; and the emergence of new strains of old
diseases that are horrifyingly resistant to the antibiotics that
protected the past three generations.
Our new security agenda should be pursued with
determination, adequate resources and creative use of the
new tools at the world's disposal that can be used to bring
us together in successful common efforts — tools such as
the Internet and the emerging global information
infrastructure which, if used imaginatively, will enable new
depths of insight and cooperation by nations, nongovernmental organizations and citizens at all levels. Our
task is not merely to recognize and confront these
challenges, but to rise to our higher ideals and work
together to make our brightest dreams real in the lives of
our children.
In order to succeed, I believe — along with growing
billions around this planet — that we must create a world
where people's faith in their own capacity for selfgovernance unlocks their human potential and justifies
their growing belief that all can share in an ever-widening
circle of human dignity and self-sufficiency; a world of
freedom and free markets; a world where the free flow of
ideas and information, and freer access to education,
sustain fundamental freedoms; a world in which parents
are free to choose the size of their families with the
confidence that the children they bring into this world
will survive to become healthy adults, with economic
opportunity in prosperous and peaceful communities; a
world where we educate girls as well as boys and secure
the rights of women everywhere as full members of the
human family.
All this and more constitutes the great global
challenge of our time: to create and strengthen a sense of
solidarity as we seek a newer world of security for all —
security not only from loss of life and the ravages of war,
but security from constant fear and degradation, and from
a loss of the quality of life and liberty of spirit that
should belong to all.
If we are to succeed in addressing this new security
agenda, we must recognize that because of our rapid
growth in population and the historically unprecedented
power of the new technologies at our widespread disposal,
mistakes which once were tolerable can now have
consequences that are multiplied manyfold. For example,
for almost all of recorded history, people could do
whatever they wished to their environment, and do little
to harm it permanently. People could wage war in the
world, and do nothing to destroy it. But now, threats that
were once local can have consequences that are regional
or global; damage once temporary can now become
chronic and catastrophic.
As a world community, we must prove to our
citizens that we are wise enough to control what we have
been smart enough to create. We must understand that the
old conception of global security — with its focus almost
exclusively on armies, ideologies and geopolitics — has
to be enlarged. We need to show that we not only can
contain aggression, prevent war and mediate conflicts, but
that we can also work together to anticipate and respond
to a new century, with its new global imperatives.
The human mind — our ingenuity, our dreaming,
our restless quest to do better — created this moment.
Now the human heart, coupled with the human will —
3
not of one individual, not of one nation or group of nations,
but the collective will of truly united nations — must
master this moment. We must bend it in the direction of
life, not death; justice, not oppression; opportunity, not
deprivation — a new security for the new world we now
inhabit. The future is not something that we merely try to
predict. The future is something that we make for
ourselves, together. It is up to us to move forward — with
faith in our principles, our foresight and our common
humanity.
The Spanish poet Antonio Machado once said,
“Pathwalker, there is no path; we create the path
as we walk”.
There is great hope in this pathmaking meeting. It is an
honour to open it. And my hope is that the first days and
years of the millennium, and all those that follow, will be
guided by the vision that marks this first meeting. We live
in a new tine. We face new and larger responsibilities.
Meet them we can, and meet them we must — for the new
threats to humanity are as grave as war itself, and the new
hopes we have are as precious as peace.
The Security Council will now begin its consideration
of the item on its agenda. The Council is meeting in
accordance with the understanding reached in its prior
consultations.
It is my personal honour to call on the SecretaryGeneral of the United Nations, who has given so much to
the cause of peace and security, Mr. Kofi Annan.
The Secretary-General: Thank you, Mr. VicePresident; or perhaps I should say Mr. President — of the
Security Council.
The President: I am working on it!
The Secretary-General: Let me thank you,
Mr. President, for your thoughtful statement. Your presence
here today is a promising start indeed to the New Year and
welcome evidence of your country's commitment to the
United Nations.
As we open this new millennium, many of us have
much to be thankful for. Most of the world is at peace.
Most of us are better educated than our parents or
grandparents. We can expect to live longer lives, with
greater freedom and a wider range of choices. But we also
face new challenges, or old ones in new and alarming
forms. For instance, environmental degradation, ethnic
conflicts, bad or inadequate governance, widespread
violations of human rights, illiteracy and ill health, the
growing problem of inequality both within and between
nations, and, above all, the exclusion of too many of the
world's people from the benefits of globalization, whereby
nearly half the human race is condemned to remain in
lingering, stubborn poverty.
No part of the world is exempt from these problems.
But Africa, it seems, has more than its share. Of the 48
least developed countries in the world today, 33 are in
Africa. Out of two dozen or more conflicts raging around
the world, roughly half are in Africa. Fifteen sub-Saharan
African countries are currently faced with exceptional
food emergencies. In the Democratic Republic of the
Congo alone, the food supplies of 10 million people are
threatened by civil strife. And out of 11 million orphans
left so far by the global AIDS epidemic, 90 per cent are
African children.
Those figures speak for themselves. They amply
justify your country's decision to make this first month of
a new era a month of Africa in the Security Council, just
as the Organization of African Unity has declared this
year the Year of Peace, Security and Solidarity in Africa.
It is good that Africans are taking the lead, because the
inspiration for genuine and viable peace must spring from
within the peoples that are in conflict, and especially from
their leaders.
Many parts of the continent are making impressive
progress. There is no need to give way to Afropessimism. On the contrary, there could be no better
moment for the international community to rally to
Africa's support. And within its month of Africa, it is
entirely appropriate that the Council should be devoting
its first session to the problem of AIDS. Some may say
that such a topic should be left to other United Nations
bodies. I believe, however, that the Council would not do
itself justice if it held a month of Africa without
discussing what Ambassador Holbrooke has called the
number one problem facing Africa today.
Not that AIDS is a purely African problem. There
are many countries outside Africa, especially in Asia and
Eastern Europe, where it is spreading at an alarming rate.
But nowhere else has AIDS yet become a threat to
economic, social and political stability on the scale that it
now is in southern and eastern Africa. The impact of
AIDS in that region is no less destructive than that of
warfare itself. Indeed, by some measures it is far worse.
4
Last year, AIDS killed about 10 times more people in
Africa than did armed conflict.
By overwhelming the continent’s health services, by
creating millions of orphans and by decimating health
workers and teachers, AIDS is causing social and economic
crises, which in turn threaten political stability. It also
threatens good governance through high death rates among
the elites, both public and private.
In already unstable societies, this cocktail of disasters
is a sure recipe for more conflict, and conflict in turn
provides fertile ground for further infections. The
breakdown of health and education services, the obstruction
of humanitarian assistance, the displacement of whole
populations: all these ensure that the epidemic spreads
further and faster on the continent.
In short, HIV/AIDS is not only an African problem. It
is global and must be recognized as such. But within that
international obligation the fight against AIDS in Africa is
an immediate priority which must be part and parcel of our
work for peace and security in that continent.
As most African Governments have now understood,
the first battle to be won in the war against AIDS is the
battle to smash the wall of silence and stigma surrounding
it.
A month ago, here at United Nations Headquarters, we
held the first high-level meeting of African Governments
and United Nations agencies directly involved in the fight
against AIDS, along with donor Governments, private
corporations and non-governmental organizations. I called
on them to formulate, by next May, a response
commensurate with the scale of the crisis, and I spelled out
the specific responsibility of each partner in the struggle.
It now gives me great pleasure to welcome this
Council as an additional partner. Its role, I suggest, must be
to prevent conflict from contributing to the spread of AIDS
and from impeding the efforts that other partners are
making to control it.
Later in this meeting the Council will be hearing more
about the economic and social as well as the more strictly
health-related aspects of the epidemic from my colleagues
Mr. Jim Wolfensohn, Mr. Malloch Brown and Peter Piot.
I believe their contributions — alongside your own,
Mr. President, and those of other Members — will help
make it clear to the whole world that the United Nations
system, in all its parts, is giving Africa’s problems the
attention they need and which Africans deserve.
The President: I thank the Secretary-General for his
statement and for the kind words he addressed to me.
I shall now make a statement in my capacity as the
representative of the United States.
I would like to begin with these words: HIV/AIDS
is not someone else’s problem. It is my problem; it is
your problem. By allowing it to spread, we face the
danger that our youth will not reach adulthood. Their
education will be wasted, the economy will shrink, there
will be a large number of sick people whom the health
system will not be able to maintain.
These are not my words. They were not uttered in
the United States or the United Nations. They were
spoken by my friend President Thabo Mbeki of South
Africa as he declared South Africa’s partnership against
AIDS more than a year ago. The same words should be
spoken out not only in South Africa, not only in Africa,
but all across the earth. In Africa the scale of the crisis
may be greater, the infrastructure weaker and the people
poorer, but the threat is real for every people and every
nation, everywhere on Earth.
No border can keep AIDS out. It cuts across all the
lines that divide us. We owe ourselves and each other the
utmost commitment to act against AIDS on a global
scale, and especially where the scourge is greatest. AIDS
is a global aggressor that must be defeated.
As we enter this new millennium, Africa has entered
the first frontier of momentous progress. Over the past
decade a rising wave of African nations has moved from
dictatorship to democracy, embraced economic reform,
opened markets, privatized enterprises, stabilized
currency. More than half the nations of Africa now elect
their own leaders — nearly four times the number 10
years ago. Economic growth in sub-Saharan Africa has
tripled, creating prospects for a higher quality of life
across the continent.
Tragically, this historic progress is imperiled just as
it is taking hold — imperiled by the spread of AIDS,
which now grips 20 million Africans. Fourteen million
have already died, one quarter of them children. Each day
in Africa 11,000 more men, women and children become
HIV-positive, more than half of them under the age of 25.
5
For the nations of sub-Saharan Africa, AIDS is not
just a humanitarian crisis. It is a security crisis, because it
threatens not only individual citizens but the institutions
that define and defend the character of a society. This
disease weakens workforces and saps economic strength.
AIDS strikes at teachers and denies education to their
students. It strikes at the military and subverts the forces of
order and peacekeeping.
The United States is profoundly moved by the toll
AIDS is now taking in Africa. At the same time, we know
that our own country has not achieved as much as we
should or must in our own battle against AIDS. I am
pleased that our Surgeon General, Dr. David Satcher, is
here with me today. His recent report tells us that we have
not overcome the ignorance and indifference that lead to
infection. We must continue to study the success of others
while we seek to share with others whatever progress we
have made.
As Vice-President, I have journeyed four times to subSaharan Africa. I asked Dr. Satcher to accompany me on
one such trip. I have taken along top health officials, AIDS
specialists, corporate leaders and physicians. We have spent
long hours with African leaders, heard their ideas and
discussed their difficulties with the fateful crisis of AIDS.
It is inspiring to see so many in Africa — not only leaders
but health-care workers and community workers, mothers
and fathers and countless ordinary citizens — fighting to
save the lives of the people they love.
Ten years ago, Uganda was suffering the world’s
highest infection rate. Today, because the whole nation has
mobilized to end stigma, urge prevention and change
behaviour, Uganda is now recording dramatic drops in the
infection rate. Uganda, which used to be proof of the
problem, is now powerful proof that we can turn the tide
against AIDS.
We know that the first line of defence against this
disease is prevention, and prevention depends on breaking
down the barriers against discussing the extent and risks of
AIDS. That is one purpose of this historic Security Council
meeting. Today, in sight of all the world, we are putting the
AIDS crisis at the top of the world’s security agenda. We
must talk about AIDS not in whispers, not in private
meetings alone, in tones of secrecy and shame. We must
face the threat as we are facing it right here, in one of the
great forums of this earth, openly and boldly, with urgency
and compassion. Until we end the stigma of AIDS, we will
never end the disease of AIDS. Let us begin by resolving
to end the stigma associated with AIDS.
We also must do much more to provide basic care
and treatment to the growing number of people who,
thank God, are living instead of dying with HIV and
AIDS. This requires affordable medicine, but also more
than medicine. It requires that we train doctors, nurses
and home-care workers, that we develop clinics and
community-based organizations to deliver care to those
who need it.
Today fewer than 5 per cent of those living with
AIDS in Africa have access to even basic care. We know
we can prolong life, reduce suffering and allow mothers
with AIDS to live longer with their children if we offer
treatment for opportunistic infections such as tuberculosis
and malaria.
Our ultimate goal, our best hope, is to prevent AIDS
by vaccination, and we are committed to the maximum
possible research. But we need to do more to harness the
talent and the power of the private sector.
In September, in his speech to the General
Assembly, President Clinton said it was wrong that only
2 per cent of all biomedical research was directed to the
major killer diseases in the developing world. He pledged
America to a new effort to speed the development and
delivery of vaccines for AIDS, malaria, tuberculosis and
other illnesses that disproportionately afflict the poorest
nations. This three-part strategy of prevention, treatment
and research is the right fight, and the United States has
contributed more than $1 billion to wage it worldwide,
more than half of that for sub-Saharan Africa. But we
must do more.
Last year I announced the largest ever increase in
the United States commitment to international AIDS
programmes: $100 million to fight AIDS in Africa, India,
Eastern Europe and other areas. Today I announce
America's decision to step up the battle. The budget the
Clinton-Gore Administration will send to our Congress
next month will include an additional increase of another
$100 million, for a total of $325 million, to fund our
worldwide fight against AIDS. This new funding will
include efforts to reduce the stigma and prevent the
spread of AIDS, to reduce mother-to-child transmission,
to support home and community-based care for people
with AIDS, to provide care for children orphaned by
AIDS and to strengthen health infrastructures to prevent
and treat AIDS.
I would also like to announce here this morning that
the budget we will send to our Congress next month will
6
include $50 million for the UnitedStates contribution to the
vaccine fund of the Global Alliance for Vaccines and
Immunizations. This contribution, in fulfilment of the
promise President Clinton made to the General Assembly,
will help fund the research, purchase and distribution of
life-saving vaccines in developing nations.
I am also announcing today an initiative for an
expanded public-private partnership in the battle against
AIDS. Indeed, in the coming months I will convene a
meeting of United States business leaders active in Africa
to develop a set of voluntary principles for corporate
conduct to make the workplace an effective place for the
education and prevention of AIDS. Let us also set this goal.
Through public and private efforts, in partnership with
partner nations, we will attack the cycle of infection at one
critical point, its most heartbreaking point: the moment of
mother-to-child transmission.
In addition, I announce that our budget request for
next year will for the first time ever contain specific
funding for the United States military to work with the
armed forces of other nations to combat AIDS. Inside our
own country, our armed forces have acted effectively to
prevent the spread of AIDS in the military. Secretary of
Defense Cohen is ready to share our experience with our
military counterparts in Africa. He will visit the United
Nations during this historic month.
We are also committed to helping poor countries gain
access to affordable medicines, including those for
HIV/AIDS. Last month the President announced a new
approach to ensure that we take public health crises into
account when applying United States trade policy. We will
cooperate with our trading partners to ensure that United
States trade policies do not hinder their efforts to respond
to health crises.
But to win the ongoing global battle against AIDS, we
must also fight the poverty that speeds its spread. In June
in Cologne, we joined with our G-7 partners in the Cologne
debt initiative, a landmark commitment to faster and deeper
debt relief for the heavily indebted poor countries. We will
continue to engage our G-7 partners to bring greater
resources to this effort. Today I challenge the world's
wealthier, healthier nations to match America's increasing
commitment to a worldwide crusade against AIDS.
But more money is not enough. We must also make
sure that more money has more impact. Next July the
global community will gather in Durban, South Africa, for
the thirteenth International AIDS Conference. There are
many inspiring efforts to fight AIDS all around the world.
But right now they mostly amount to many isolated
efforts and not a single focused assault. We must knit
together the separate initiatives by local, national, regional
and global organizations to take maximum advantage of
their synergy and successes. We will work with the
organizers of the Durban Conference to advance this
essential objective. It is essential because how we spend
the money and how effectively we target it, not just how
much we spend, will determine how many lives we save.
AIDS is one of the most devastating threats ever to
confront the world community. Many have called the
battle against it a sacred crusade. The United Nations was
created to stop wars. Now we must wage and win a great
and peaceful war of our time — the war against AIDS.
Let all, here and around the world, who are willing to
enlist in this cause hear and heed and take heart from the
words of an African poet, Mongane Wally Serote:
“Remember the passion of our hearts, the
blinding ache and pain when we heard the hysterical
sobs of our little children crying against fate. We
heard these. We knew them. We absorbed them. But
we surged forward, knowing that life is a promise
and that that promise is us.”
That promise is us. We here in this room,
representing the billions of people of the world, must
become the promise of hope and change. We must
become the promise of life itself. We have the
knowledge, the compassion and the means to make a
difference. We must acknowledge our moral duty and
accept our great and grave responsibility to succeed. We
must make the promise and keep the promise to prevail
against this disease so that when the story of AIDS is told
to future generations, it will be a tale not just of human
tragedy, but a tale of human triumph. And the moral of
that story will be the capacity of the human spirit to
summon us in common cause to defeat a common foe and
secure the health and hopes of so many of our fellow
human beings.
May God bless all who have suffered from this
disease and are suffering from it. May God bless the
united effort of our United Nations to end it soon and for
ever.
I resume my functions as President of the Council,
and I am pleased that in this first meeting of the
millennium we are joined by one of the world's leaders in
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the battle against poverty, the President of the World Bank,
James Wolfensohn. I give him the floor.
Mr. Wolfensohn: Let me start, Vice-President Gore,
by thanking you for your invitation to attend this meeting.
I believe it is the first time that a President of the World
Bank has ever attended a meeting of this body. It was a
dream that I did not think would be realized in my period
as President, so I am grateful for that, as I am, indeed, for
your putting on the agenda the issue of health and the issue
of development, in which you have been so steadfast in
your support of our institution.
I am also very grateful to Secretary-General Annan for
the leadership that he showed in bringing the World Bank
more closely in parallel and in partnership with other
institutions of the United Nations, and I am very happy to
be here with my colleagues from my the United Nations
Development Programme and the Joint United Nations
Programme on HIV/AIDS (UNAIDS).
I do not know a lot about the workings of the Security
Council. I have images of you ladies and gentlemen
meeting at midnight, having very important meetings, using
high diplomacy and power politics to solve very important
and pressing issues that face us: issues of conflict, issues of
chemical weapons, issues of nuclear challenges and issues
of security. The funny thing is that in Washington we think
that what we do every day in terms of addressing the
questions of development are actions which lead to the very
same issue of security and peace. We work every day
looking at the conditions of our planet and think in terms
of the 6 billion people who now inhabit our globe, of the
3 billion people who live on less than $2 per day, of the 1.2
billion that live on less than $1 per day, and we think of
the next 25 years, when that 6 billion will grow to 8 billion.
We wonder what sort of a world it will be.
Without being a social scientist or an Ambassador, I
know that if people are well fed, have opportunity, are
well-governed and have a sense of security for their
children, they are less likely to fight and get into problems
than if they live in a period where they have no
governance, where the sinews of governance do not give
them security and where there is little hope.
We are worried about the next 25 years, and I would
suggest that this is a subject directly relevant to the
deliberations of this Council.
If it is true that poverty eradication and development
are the counterpart of security, then nowhere is this more
important than in Africa. In sub-Saharan Africa we have
500 million people, of whom more than half live in
poverty. It is there, as the Secretary-General commented,
the greater part of conflict and wars exist today. These
are considerations that this Council has before it. If,
therefore, Africa is at the centre of the agenda, which
indeed it is this month — and I congratulate Ambassador
Holbrooke on this initiative — then surely the question of
AIDS comes to the top of the list as an issue which can
affect security, development and poverty.
What we are seeing is that in today's world we are
rolling back some of the gains that have been made in
Africa over the last 40 years. The numbers are very
compelling. Under African leadership, we gained more
than 20 years in life expectancy. In many countries this
gain will be lost by the year 2010. The statistics have
already been provided by previous speakers. But just
imagine that in Botswana, Namibia, Zambia and
Zimbabwe, 25 per cent of the people between 15 and 19
years of age are HIV-positive. Just imagine that in
Zambia and Zimbabwe there is a greater chance that a
child born today will die of AIDS than will live free of it.
These are stunning statistics.
The fact that a third of teenage girls in many African
countries are subject to the scourge of AIDS is not
something that can lead to a sense of security in a
community. In a number of countries, we are losing
teachers faster than we can replace them. We are losing
judges, lawyers, government officials and military
personnel. This problem is more effective than war itself
in terms of destabilizing countries. Unless we act, this
will continue, and there will surely be continued
instability in the continent.
AIDS is not just a health issue. AIDS is not just a
development issue. It is also an issue that affects the
peace and security of people in the continent of Africa
and throughout the world. It is certainly a subject that
merits consideration by this body.
The world looks to the Security Council to highlight
important issues and looks to the United Nations to give
leadership. In order to solve these global problems, we
need to bring together not just the United Nations, but
also the private sector, civil society, the faiths,
organizations such as ours and regional institutions. The
focus on the priorities can be given by this body.
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I am honoured to be here, but in coming I want to
assure you, Mr. President, that we look forward to a
partnership with the United Nations and recognition by this
Council. Your successors, who will be dealing with issues
of security, are going to be looking at the causes. I tell you
this: poverty and development are the root cause of most of
the conflicts, and it is essential for this body to take action
in anticipation of a world that, without such action, will be
a world in conflict.
I look forward to working with the Council in the
months and years ahead on this issue of AIDS in Africa
and on the general issue of poverty and development.
The President: Our next two speakers will be the
Administrator of the United Nations Development
Programme, Mr. Mark Malloch Brown, and the Executive
Director of the Joint United Nations Programme on
HIV/AIDS (UNAIDS), Mr. Peter Piot. Their statements will
be of great importance. I urge those joining us here to stay
and absorb the impact of their words.
It is my intention, before they speak, with the
concurrence of Council members, to suspend the meeting
for a few minutes. When the meeting reconvenes, I shall
turn the gavel of the President of the Security Council over
to Ambassador Holbrooke.
I would like to note the presence of three Ministers of
Health who are here with us today from Namibia, Uganda
and Zimbabwe. We have much to learn from these
ministers, and we are all grateful for their attendance.
I would also like to note, before the recess, that in the
United States of America, the work of Senators Jesse
Helms and Joseph Biden — and a strong majority from
both of our major political parties — has expressed fresh
support not only for the United States being a vigorous
member of this body but also for the efforts of this body in
every way, shape and form.
Indeed, it has been a great honour to preside over the
beginning of this meeting. Now, with the concurrence of
Council members, I suspend the meeting.
The meeting was suspended at 11.15 a.m.
Mr. Holbrooke (United States of America) took the
Chair; the meeting was resumed at 11.30 a.m.
The President: It is my high personal honour to call
on my friend of over 20 years, the Administrator of the
United Nations Development Programme.
Mr. Malloch Brown (United Nations Development
Programme): It was obviously a great honour for us all in
the United Nations community that the Vice-President of
the United States joined us this morning. Even in his
absence, I would like to thank him for having been here
in this Chamber on this issue at this time and to have
made the new commitments he did make.
We have all heard the statistics and also what can be
said in words of the human impact. HIV/AIDS in subSaharan Africa accounts for 23.3 million of the 36 million
affected individuals worldwide — 69 per cent of the total
number of HIV/AIDS cases.
At a time when the industrialized world has relaxed
in the face of a declining incidence of new HIV
infections, Africa is under siege. Many times more people
are being killed by the disease in sub-Saharan Africa each
year than in all the world's wars. This is a new security
front line and I congratulate Richard Holbrooke for the
vision to go beyond old definitions to bring to this table
a discussion of the world's most dangerous insurgency.
HIV/AIDS has a qualitatively different impact than
a traditional health killer such as malaria. It rips across
social structures, targeting a young continent's young
people, particularly its girls. By cutting deep into all
sectors of society, it undermines vital economic growth,
perhaps reducing future national gross domestic product
size in the region by a third over the next 20 years. And
by putting huge additional demand on already weak, hardto-access public services, it is setting up the terms of a
desperate conflict over inadequate resources.
Today this is Africa's drama; unmet, it becomes the
world's. So there is real resonance that, at this first
Security Council meeting of the new millennium, it is
health — not war and peace — that brings us here. But
it does so because of the proposition that, in this new
globalized century, one will beget the other and that, in
the final years of the last, we woefully neglected the new
causes of conflict.
We must view this as a war on three fronts: first, the
classrooms and clinics of Africa; secondly, the families of
9
Africa; and, thirdly, international action — the critical
support needed to back Africa's front line.
An extraordinary depletion of the region's human
capital is under way. There are estimates that the number
of active doctors and teachers in the most affected countries
could be reduced by a third in the coming years. Yet
schools and clinics are not only at the heart of any
defensive strategy for dealing with the consequences of the
epidemic; they spearhead the offensive for cultural and
behavioural change. We see the possibilities. In Uganda,
there is now a real prospect of an almost AIDS-free
generation of high-school-age children. Countries are strung
out along a continuum from effective action at one end to
at least acknowledgement and awareness at the other. Yet,
even with better national awareness, in too many places
individual ostracism, and hence denial, still prevail,
confounding good tracking and management of the disease.
Behaviour change requires uncompromising, often
painfully embarrassing honesty, for there is too often a
lethal cultural double standard when it comes to AIDS of
too much unsafe sex and too little willingness to talk about
it or face its consequences. Change must begin by
confronting the region's troubled inheritance: extensive
migrant labour, social norms and gender inequality, making
it hard for women and girls to deny men sex, leading to
HIV incidence rates among girls three or four times higher
than those for boys.
Let me propose to this Council a set of actions. First,
we must support Africa's front-line efforts to combat the
disease. We can see that, where promoting awareness leads
to honest discussion, which leads to behaviour change, the
momentum can be broken. But there is no substitute for the
region's own opinion-makers — from state house to
community media to town and village — leading that
campaign.
Second, we must promote inter-country cooperation so
that Uganda's best practice is effectively transferred to
countries doing less well, and best practice means a strong
national plan and full community mobilization — nothing
less.
Third, we need resources. The United States, with
40,000 new cases annually, spends approximately $10
billion annually from all sources for prevention, care,
treatment and research, whereas approximately $165 million
are spent on HIV/AIDS-related activities in Africa, where
there are 4 million new cases a year. We must mobilize
more and today's commitment is a wonderful start
towards that.
Fourth, we need a coordinated response. I currently
chair the committee of the Joint United Nations
Programme on HIV/AIDS (UNAIDS) co-sponsoring
organizations: the United Nations Children's Fund
(UNICEF), the United Nations Development Programme
(UNDP), the United Nations Population Fund (UNFPA),
the United Nations Educational, Scientific and Cultural
Organization (UNESCO), the World Health Organization
(WHO), the World Bank and the United Nations
International Drug Control Programme (UNDCP).
Together, we, the bilaterals, the private sector and nongovernmental organizations must do more at the country
and global levels. We applaud the formation of the
International Partnership Against HIV/AIDS in Africa,
which is a foot in the door to private-sector-supported
affordable care.
Fifth, UNICEF, WHO and the World Bank, together
with UNAIDS and a number of innovative foundations,
have begun to innovate new public-private partnerships
that, by guaranteeing a market for affordable vaccines,
will incentivize drug-company research and development.
The African market for international pharmaceuticals now
accounts for less than 1.5 per cent of the global industry.
This “pull” of new incentives must be combined with the
“push” of increasing basic public-health research
spending.
Sixth, we cannot lapse into a global two-tier
treatment regime: drugs for the rich; no hope for the poor.
While the emphasis must be on prevention, we cannot
ignore treatment, despite its costs. We must work with the
cooperation of the pharmaceutical industry to bring down
treatment costs.
Seventh and finally, we cannot break this epidemic
in isolation from the broader development context. Weak
government, poor services and economic failure translate
directly into failed vaccine and contaminated blood-supply
chains. More broadly, it means the failure of schools,
families, workplaces and economies to be able to meet
the challenge. In this region, where official development
finance is drying up, I find myself fighting to reverse
UNDP's own projection that our programme resources for
Africa next year will be only a third of what they were
five years ago.
So, amidst the good news of more help for
HIV/AIDS, progress on debt relief and some
10
improvement in private-sector flows, the overwhelming fact
is that the region's basic development needs are not being
met. There is a money gap and a governance and capacity
gap. Neither the finance nor the institutions and policies are
adequately in place.
Members of the Council, at this first Security Council
meeting of the century you have brought development into
your Chamber. You have elevated it from a long-term
economic and social issue to a current danger, a
vulnerability to be addressed as a matter of political
priority. HIV/AIDS is a particularly cruel manifestation of
the wider development challenge. It vividly demonstrates
the broader point: no other challenge can perhaps so shape
the overall direction of this new century, either towards a
globalization for all, or back to a century of walls and
fences.
The President: I thank Mark Malloch Brown for the
immense contribution which he, like the World Bank under
Jim Wolfensohn, makes on this issue.
Before calling on the next speaker, I would like to
acknowledge — and I apologize for not doing this
earlier — our newest member of the Security Council, who
presented his credentials this morning, the new Ambassador
from Argentina. Welcome. Also, I want to welcome to the
Security Council the five new members — Bangladesh,
Jamaica, Mali, Tunisia and Ukraine — and to thank the
departing members for their participation. I look forward to
working with you all over the next few weeks.
It is now my honour to call on the head of the Joint
United Nations Programme on HIV/AIDS (UNAIDS),
Dr. Peter Piot.
Dr. Piot: I thank the Council for this opportunity to
address it today on what is, I believe, one of the most
important issues for this century. Twenty years ago the
global community had not even heard of AIDS. Over 50
million people, cumulatively, have become infected since
then. Today it is discussed in the Security Council because
AIDS is not a health or development problem like any
other. As we have heard, it has become, in Africa at least,
an issue of human security in all senses of the word.
Comprehending the full scale of the epidemic is
almost impossible. We have heard the Secretary-General
talk of 11 million orphans. We would be short-sighted to
underestimate the long-term impact of their personal
tragedies on the development and stability of Africa.
War is one of the instruments of AIDS, as rape is
one of the instruments of war. Conflict and the resulting
movements of people fuel the epidemic. Refugee men,
and particularly women, become highly vulnerable to HIV
infection. Humanitarian aid workers and military and
police forces that are well trained in HIV prevention and
behaviour change can be a tremendous force for
prevention as long as this is made one of their priorities.
But there is also good news, and I would like to
concentrate on that this morning. We are far from
powerless against this epidemic. In countries where strong
political leadership, openness about the issues and broad,
cross-cutting responses come together, the tide is turning,
and clear success is being demonstrated. We have heard
about Uganda, where the rate of new infections is falling.
But so it is in several communities in Africa. In Senegal,
HIV infections have stayed at a very low level as a result
of successful prevention campaigns. We know now what
works: two decades of experience have identified the
essential elements of effective strategy. Let me mention
six of them: first, as Vice President Gore mentioned,
visibility, openness and countering stigma, without
compromise; secondly, addressing core vulnerability to
HIV through social policies; thirdly, recognizing the
synergy between prevention and care efforts; fourthly,
targeting interventions on those most vulnerable; fifthly,
encouraging and supporting strong community
participation in the response; and lastly, focusing on
young people, the future of the continent.
Over the last 12 months, many, many African
leaders have spoken out in unprecedented ways, breaking
the silence and the stigma of the epidemic.
Internationally, too, the tide is turning. This meeting is an
illustration of that. This past June, the General Assembly
special session established a new development target for
2005, based on demonstrated success in a number of
countries, of reducing new infections by 25 per cent in
young people.
Members of the Council, the challenge is formidable
but so too are the technical, financial and political
resources of the international community. However, in
financial needs alone, we are a long way short of meeting
our mark. The most recent available figures, from 1997,
indicate that the international community mobilized only
$150 million for AIDS prevention for the most affected
countries in Africa. This has been put into context by
Mark Malloch Brown. To sustain and expand the
prevention success stories of Uganda, Senegal and other
countries, we need to mobilize between $1 and $3 billion
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per year. It is worth pondering how hundreds of billions of
dollars were successfully mobilized over the last few years
to minimize the impact of that other virus, Y2K.
Over the last year, African Governments, the United
Nations system, international donors, civil society and the
private sector have come together to form a new
international partnership against AIDS in Africa. As the
Council heard, last month the Secretary-General tasked us
in this very building with formulating a response
commensurate with the epidemic.
In closing, let me give a few examples of what each
constituency of this partnership is committed to do. First,
African Governments bring the commitment to create the
environment for effective decentralized action and to be
aggressive in protecting and promoting human rights so that
stigma can be reduced. Jim Wolfensohn and Mark Malloch
Brown have already emphasized that in the United Nations
system, the epidemic has already brought us together in
unprecedented ways.
But there is still much more to be done. We will
mobilize additional and reorient existing resources to
respond to the epidemic, to demonstrate concerted action in
support of Governments and civil society, including such
actions as involving people living with HIV in the response
and supporting efforts to reduce mother-to-child
transmission of HIV.
Thirdly, we expect donor Governments to take
concerted action, under nationally developed strategic plans,
to mainstream AIDS in setting priorities and to accept the
challenge to urgently treble assistance for HIV/AIDS in
Africa as a first step for more rational financing of the
international response. Several Governments have recently
substantially increased these commitments, and with this
latest step announced by Vice- President Gore half an hour
ago, the United States is the first to have trebled its level of
commitment during the last six months.
Fourthly, and as also stressed by Vice-President Gore
and Mark Malloch Brown, we agreed that the private sector
must become involved in a substantial way to act
immediately to strengthen workplace and community
outreach interventions and, further, to work in concert with
Governments to balance the difficult issues of intellectual
property rights with the urgent need to develop and make
available life-saving drugs and other commodities.
Finally, the non-governmental organizations,
including religious organizations, have a key role to play
in intensifying their work at the front line of the epidemic.
Members of the Council, the message that I bring
you this morning is therefore one of urgency, but also one
of opportunity. The resources are beginning to be
mobilized, and the world is responding. But we are now
only at the 10 per cent mark. Shifting to 50 and then 75
per cent and upwards must be the commitment of all of
us here.
In the response to the epidemic, there are two
bottom lines. The bottom line for the future is that we
must develop and make available affordable vaccines
required for preventing HIV infections. That is the bottom
line for the future. However, the bottom line for today is
that we must do everything in our power to apply what
we know works: reducing vulnerability, preventing HIV
infection through behaviour change and supporting widescale implementation of efforts to provide care and access
to the drugs and services required to prolong and improve
life.
At the start of this new century, I believe that there
are no development problems that more urgently
command a collective response from the international
community. This is a global problem. It is not and
African problem or an Asian problem, but a global
problem. The fact that in the first month of the
millennium the Security Council sees fit to discuss AIDS
in Africa is surely symbolic. I believe that it signals our
collective will to stop this epidemic and our pledge to
history that we will not turn our backs and let AIDS
devastate another generation of young African women and
men.
The President: I thank Dr. Piot for his inspired
leadership and his kind remarks concerning the comments
of our Vice-President.
We shall now begin the discussion by the members
of the Security Council. For those in the audience who do
not know the rules, members of the Security Council will
speak first. Then, because of the special nature of this
meeting, any other Member of the United Nations that
wishes to speak is invited to do so.
With a certain exception, I will ask the members of
the Security Council to follow the same rule that was
established so successfully last month by Ambassador
Greenstock during his presidency of the Security Council,
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which was essentially a five-minute rule. Speakers should
also try to confine themselves to specific remarks. The
exception that I would like to make is, of course, for the
three Ministers of Health who have come here from such
a great distance to share with us their experiences.
I thank the Minister of Health of Namibia for joining
us today, and it is now my great honour to give her the
floor.
Dr. Amathila (Namibia): The most recent open event
in the General Assembly took place on World Aids Day.
Men, women and children from all walks of life came to
pay tribute to those who have fallen victim to this scourge.
Some told their own real-life stories and those of their
families, and today, at the first meeting of the Security
Council for this millennium, the plight of Africa and its
fight against HIV/AIDS is being highlighted.
I am pleased to note that on 13 January, the United
Nations High Commissioner for Refugees will address this
Council on the inhuman conditions in which millions of
refugees and internally displaced persons in Africa are
living. She will no doubt talk about, among other issues,
the impact of HIV/AIDS on women and girl refugees in
particular. The Executive Director of the Joint United
Nations Programme on HIV/AIDS (UNAIDS), the head of
the United Nations Development Programme (UNDP) and
the President of the World Bank have given us a detailed
analysis of the impact of HIV/AIDS in Africa. Thus, we
view today's high-profile meeting not as an end in itself,
but as a very important beginning of the focus on the
impact of HIV/AIDS in Africa.
You have participated personally, Mr. President, in no
small measure. That is testimony to your personal
commitment and that of your Government to the cause of
Africa. Your country has made significant national gains in
curbing the spread of HIV/AIDS and improving the quality
of life of those already infected. We call on your
Government to take the lead in mobilizing the
pharmaceutical industry to work with African Governments
and the World Health Organization for more affordable
access by Africa to life-saving and life-enhancing drugs for
the treatment of AIDS.
We thank the Secretary-General for his participation.
His report on the work of the Organization (A/54/1),
submitted to the General Assembly at its fifty-fourth
session, was very clear on the impact of HIV/AIDS in
Africa and we encourage him to keep up his advocacy.
Anything that is a threat to the social and economic
development of Africa is, in turn, a threat to its political
stability. As long as the HIV/AIDS pandemic continues
to grow, political stability and peace will be affected. Due
to the incapacity of Governments to effectively deal with
the needs of those affected, the anger and frustration will
continue to escalate. The social infrastructure, such as
hospitals, cannot cope with the many cases coming in.
Although it is known that there are drugs that can prolong
and improve the quality of life, African Governments
cannot afford them. Therefore, in our view, security needs
to be visualized as part of a complex of issues affecting
the manner in which we perceive and deal with socioeconomic and political problems. It is in this context that
we welcome today's meeting.
More than 23 million people — whether the
statistics indicate 21 million or 23 million is immaterial;
we know that it is a huge number — are infected with
HIV/AIDS in Africa today. A continent which is home to
only 10 per cent of the world's population probably
carries now over 70 per cent of the world's total HIV
cases. The impact of the social and economic
consequences of HIV/AIDS is being felt through the
erosion of growth in gross domestic product, especially in
the heavily affected countries. This is affecting the labour
force, which in turn negatively affects the breadwinners
and their families. As a result, the future of children in
general, and HIV/AIDS orphans in particular, is
compromised. We do not know whether such children
will be able to continue with their schooling, because the
breadwinners have died. Usually it is the father who dies
first, followed shortly afterwards by the mother, and the
children are left in the hands of their grandparents.
Wherever there is a conflict, sexual violence is used
as a weapon of war. Refugees, in particular women and
girls fleeing from conflict situations, are at risk of being
infected with the virus. It is estimated that 250,000
children between the ages of 7 and 18 years actively
participate as child soldiers in armed conflict around the
world, and many of them are sexually active. Of course
it is not known how many are HIV-positive, but we can
assume that a high percentage of them are positive. Let
loose in the communities, they perpetrate sexual violence
against their captives, thereby further increasing the
spread of HIV/AIDS.
While the issue of HIV/AIDS is not under the
purview of the Security Council, the primary
responsibility of the Security Council in the maintenance
of international peace and security will contribute in a
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major way to minimizing the impactof HIV/AIDS in
Africa. By effectively addressing conflict situations in
Africa, the Security Council will no doubt assist African
Governments in devoting more resources to tackling social
and economic problems. In this connection, we urge the
arms-producing countries to cease providing arms to rebel
movements in Africa. It is very important to bring conflict
to an end in Africa so that peace and security can become
a reality, giving a chance to the African Governments to
pay attention to the priority issues of health and social
development.
Let me say a few words about peacekeeping. At the
outset, I would like to salute the peacekeepers for the work
they have done and are doing, often at the risk of losing
their own lives. In this connection, it is important that the
training of the military and police forces covers HIV/AIDS
prevention and understanding of how to protect themselves.
Peacekeepers, military observers and relief workers need to
be well briefed on the implications of HIV-risk behaviour,
through education on prevention. The means of protection
must also be readily available to such people. In the
demobilization of ex-combatants, in particular child
soldiers, HIV/AIDS prevention issues need to be
highlighted. The demobilization of child soldiers should
include psychological counselling and HIV prevention.
Let me emphasize that the tragedy of AIDS in
southern Africa warrants an emergency response from the
international community. HIV/AIDS is a developmental,
social and national security issue. African Governments
have realized the multidimensional nature of HIV/AIDS and
have therefore embarked on a programme of expanded
response. This means that HIV/AIDS is everybody's
business and no longer just the business of ministries of
health and social services. However, those Governments
cannot effectively combat HIV/AIDS due to a lack of
resources and drugs.
Currently, the resources available for the prevention
and treatment of HIV/AIDS are disproportionate to the
problem. Estimates have it that out of the $2.5 billion
needed in Africa each year, only $165 million is
available — I think that Dr. Piot said $150 million, but it
does not make that much difference. We therefore call on
the international community to make resources available
and to subsidize drugs to African Governments.
You will agree with me, Mr. President, that it is
immoral that the worst-affected continent has the least
access to the care and social and economic safety nets that
might help families cope with the impact of this epidemic.
Africa today has the least access to HIV drugs, but major
access to arms. In countries marred by conflicts,
Governments are forced by circumstances to channel their
resources to the efforts to bring about peace, rather than
to caring for the sick. And so thousands of infected
persons die without any hope of the treatment that would
prolong their lives.
The political commitment of African Governments
to the prevention and treatment of HIV/AIDS is quite
visible. However, the lack of resources is a real constraint
that needs to be addressed by the international
community. Even in Namibia, where we allocate over 15
per cent of gross domestic product to health and social
services, we have not made an impact on the treatment of
HIV/AIDS. The cost of drugs to us is extremely
prohibitive.
I should mention, however, that as far as social
mobilization, awareness and advocacy are concerned, we
have made significant progress. I remember going to a
village in the farthest corner of Namibia, where I met an
old man of whom I asked: “Do you know anything about
HIV/AIDS?” He said, “Yes, I have heard, and I keep on
telling young people that they must use condoms; but,
Doctor, I have not seen a condom myself”. So I left him
a condom, as I am sure he was neglected because of his
age. I am sure that since then he has been going around
with his condom to show the young men: “This is what
I am talking about”.
Furthermore, the Namibian Government is in the
process of establishing a fund for AIDS orphans and
pensioners, which our President launched barely two
months ago. This is to assist old people, who invariably
have to look after the children of their own dead children.
Namibia and South Africa are the only countries I know
of in Africa that are giving universal grants to all
pensioners, regardless of whether they have worked or
not. But that pension is meagre and will not be enough to
help old people look after orphans. We have therefore set
up a fund for orphans and pensioners to help in this
regard.
African Governments are increasingly urged to
invest more resources on HIV/AIDS. But where will these
resources come from? Today, half of those infected are
children between the ages of 15 and 24. Ninety per cent
of those are in Africa, as can be seen from the table.
What does this mean for Africa's future? Not many
Governments can afford the drugs, and as a result, a
14
difficult choice has to be made between prevention and
treatment for those already infected.
I would therefore recommend that World AIDS Day
be commemorated in a more high-profile manner, consistent
with the seriousness of the problem. For example, we
would like to propose that activities on World AIDS Day
at the United Nations be focused solely on raising
awareness about the pandemic. A lot still remains to be
done in raising awareness.
In May this year, UNAIDS will convene a board
meeting in Geneva. The International Partnership against
AIDS in Africa is currently being formed, and the
Partnership will be launched at that board meeting. Let me
strongly echo the call made by the Secretary-General to the
international community,
“to formulate a response commensurate with the scale
of the crisis, led by African Governments but with
civil society, the private sector, the United Nations
and donor Governments playing a full role”.
Furthermore, drug companies have a moral
responsibility in this pandemic. We therefore urge them to
sell their drugs at subsidized prices to African Governments
so we are not left to allow our people to die. As was
correctly mentioned, we can at least prolong the life of a
mother to make it possible for her to at least see her
children through primary school. We therefore need to get
these drugs in Africa.
In conclusion, I would like to emphasize that
HIV/AIDS is now the leading cause of death in our
countries of southern Africa. Over 50 per cent of hospital
beds are occupied by HIV/AIDS patients. Over 60 per cent
of paediatric hospital beds are occupied by HIV/AIDS
cases. HIV/AIDS in Africa can be prevented, and we have
seen the results of our colleagues who started before us.
With the provision of drugs, the quality of life of these
affected people can be prolonged and enhanced. AIDS has
lowered the average life expectancy levels in some of our
countries by as much as 10 years.
I would like to share with you a measure we have
adopted in the field of prevention, namely the letters A-BC. A means “Abstinence”; B stands for “Be faithful to one
partner” and C means “use Condoms”. This is how we are
trying to change the behaviour of our communities. Let us
hold hands together to fight the pandemic of HIV/AIDS.
Finally, Mr. President, I cannot end without
expressing my Government's deep thanks to you for your
dedication to this cause. I did not see you when you were
in Africa. The timing was bad because we were trying to
hold our elections; but I was happy that you were there
and I am pleased to meet you here. I want to thank you
for this specific and timely initiative you have taken in
bringing to the forefront the impact of HIV/AIDS. I hope
that this will now be a regular session at the Security
Council. Let it not be the first and last time we meet on
this issue, but let it be a yearly event so that we may all
touch base.
The President: Thank you, Madam Minister, for
your important statement, your alphabetical A-B-C
suggestion and your interesting suggestion about doing a
meeting of this sort at least once a year, which in my
national capacity I instantly endorse.
It is my pleasure now to continue. Because we have
such a long list of speakers and we will want to break for
lunch in the not-too-distant future, I would hope that the
non-ministerial representatives here would keep their
remarks as short as possible, so that this afternoon we can
have some exchanges of view on what we have heard and
how we might work together.
Mr. Chowdhury (Bangladesh): As a newly elected
member of the Security Council, Bangladesh takes up its
responsibility with great humility and a strong sense of
commitment and determination.
Bangladesh believes it is very fitting for VicePresident Al Gore of the United States to preside over the
first Security Council meeting of the new millennium. His
presence here is indicative of the strong commitment of
the United States to the United Nations in general and to
Africa in particular.
Coincidentally, but very appropriately, for the
Security Council the twenty-first century is commencing
with the presidency of the United States. We commend
Ambassador Holbrooke for the initiative of devoting this
month to Africa. Bangladesh also expresses its deep
appreciation to Ambassador Jeremy Greenstock for his
leadership of the Council during the United Kingdom
presidency last month, and particularly for holding a
major debate on Africa. We thank him and other
members of the Council for facilitating the new incoming
members' presence at the informal consultations during
the month of December.
15
Bangladesh welcomes the initiativeto discuss the
impact of AIDS on peace and security in Africa. This is a
recognition of the broader dimensions of security, a vision
that security in a changed world extends beyond its
conventional parameters. It is ultimately human security
that we are seeking; every individual — wherever he or she
may be — should feel safe and secure. We appreciate this
opportunity to speak at the first meeting of the Council on
this broad-based topic. A global culture of peace, we
believe, can ensure such an all-encompassing security of
countries and individuals.
AIDS is spreading fast. Its threat is global. It is a
threat to an entire generation — indeed, a threat to human
civilization as a whole. For much of the developing world,
the outlook is grim. For Africa, it is already a catastrophe.
Globally there are already 33 million people infected
with HIV. Two-thirds of them are in Africa. Last year the
disease killed 2.6 million people around the world, more
than in any previous year. Most of these deaths occurred in
sub-Saharan Africa. Life expectancy in this region has
dropped to a level not seen since the 1960s.
The AIDS pandemic is devastating many African
economies. Soaring death rates among the young are
crippling the growth of entire regions. Due to the high cost
of AIDS treatment, little is accessible to the poor. AIDS
leaves poor societies poorer still, and thus even more
vulnerable to infection. Experts project a loss of growth of
at least 1.4 per cent per year over the next 20 years.
The social impact of AIDS is staggering. Since 1981,
over 11 million children have been orphaned, 95 per cent
of them in Africa. As Secretary-General Kofi Annan has
said, AIDS is taking away not only Africa's present, but
also its future.
In many sub-Saharan countries, nearly half of the
armed forces are affected. Civilian law enforcement is
slumping as AIDS takes its toll on its personnel. This has
threatened safety, security and law and order both within
and beyond national boundaries. African military and
civilian police personnel play a crucial role in
peacekeeping. Their vulnerability to infection affects the
defence of peace.
We thank Secretary-General Kofi Annan for his
statement this morning and for his proactive leadership in
combating AIDS in Africa, as manifested at the meeting
held at the United Nations Headquarters last month. The
United Nations agencies and civil society organizations, as
invaluable partners, deserve our appreciation for their
positive work in this area. The World Bank's contribution,
under the effective guidance of Jim Wolfensohn, is very
much recognized. We thank him in particular for his
focus on poverty and development in his statement this
morning.
Africa itself is leading the counter-attack against
AIDS. Its leadership is making a real effort to involve all
of society in the battle. Countries like Uganda, Botswana,
Lesotho, South Africa, Zimbabwe, Nigeria and Namibia
have shown what can be achieved.
The threat of AIDS is not confined only to Africa;
it is a threat to the global community. The epidemic was
a latecomer to Asia and the Pacific, but its spread has
been swift. It is predicted that in the years to come, the
number of people affected may grow exponentially.
In combating the scourge of HIV/AIDS, some
measures should get priority attention.
First, ongoing efforts need strengthening, with a
special emphasis on the young and on children. The target
set by the special session of the General Assembly on the
five-year review of the International Conference on
Population and Development (ICPD) to reduce infection
in young people aged 15 to 24 by one quarter before the
year 2005 should be foremost in our actions.
Secondly, new and sustained public-private
partnerships, such as the “Secure the Future” programmes
of southern Africa, with the commitment of $100 million
for the next five years from the private sector, need to be
forged.
Thirdly, the scientific community should receive full
support to speed up its work to develop effective
vaccines.
Fourthly, effective treatment should be made
available to people at prices that affected societies can
afford.
Fifthly and finally — and most importantly —
adequate resources should be made available to fight the
epidemic, to the development of preventive measures, and
to mitigate the harm already done.
In recent years, as we have seen, most conflicts have
been within States. These have causes and consequences.
There are both military and non-military threats to
16
security, and the collapse of social fabric and of State
structures is undeniably a peace and security concern. A
desperate situation can lead to desperate acts. As Peter Piot
of the Joint United Nations Programme on HIV/AIDS
(UNAIDS) has remarked, when it comes to Africa, AIDS
has killed more than 10 times as many people as armed
conflict. Mark Malloch Brown, in his statement this
morning, called it “the world's most dangerous insurgency”.
To combat this, we need true solidarity and effective
strategy, not mere rhetoric.
The world will not be a secure place if its women and
men do not have security of the individual self. We are
glad that recognition has been accorded to a more
encompassing dimension of security. We hope that the
pioneering initiative of the United States will be pursued by
others in justified earnestness. We look forward to
discussing other non-military threats to peace and security,
including such overriding global priorities as poverty,
environmental degradation, drugs, organized crime and so
on. The world has changed, and the time has come to
extend the concept of security as well.
The President: I would like to thank Mr. Wolfensohn
once again for joining us for the first time in the history of
the Security Council and the World Bank. I hope that the
Security Council will invite him to join us again. On behalf
of the entire Security Council, we thank him for his
important statement today and for his contribution to the
important effort that we are discussing.
Mr. Dejammet (France) (spoke in French): Taking
into consideration your repeated appeals for brevity,
Mr. President, I shall shorten the usual compliments that it
seems to me should be addressed to the Vice-President of
the United States and to you for having organized this
meeting, as well as to Mr. Wolfensohn, Mr. Malloch Brown
and Dr. Piot for participating in our work.
I also believe it is pointless to repeat all the statistics
that have already been given this morning and that will
probably be reiterated during our debate attesting to the
seriousness of the effects of AIDS. We wish simply to
thank the United States for having taken the initiative to
organize this meeting. What we have already heard clearly
demonstrates that the AIDS epidemic, in terms of its social
and economic effects, is indeed related to the instability that
can afflict African countries and consequently has a direct
bearing on security issues dealt with by this Council.
Therefore, I shall not emphasize the statistics, and at
the same time I regret that those that have been given or
projected on the screen dealt with a limited number of
countries. In this regard, I would like to thank Dr. Piot
for having corrected or supplemented our information by
also mentioning the positive aspects resulting from the
efforts of certain countries. He cited Senegal as one such
country, and I believe he was perfectly right to do so.
We wish to recall, with regard to the picture
sketched for us, that if we are not careful and if we do
not indeed follow up the appeal we are addressing to the
international community today, a lasting health, economic
and political crisis in Africa will win out over the
sustainable development strategies that we are trying to
promote. Therefore, everything we do here at the United
Nations, in other chambers besides that of the Security
Council and in other international forums will be reduced
to nothing if we do not try to clearly and courageously
confront the problems raised by the AIDS epidemic.
But let us devote ourselves to the positive actions
that can be taken. We must mobilize our efforts at the
economic level, as was mentioned earlier by the Minister
of Namibia. I do not wish to dwell on that; I simply wish
to recall that we are dealing with a general undertaking
that should include appeals for all forms of aid, in
particular to official development assistance and indeed
for debt relief endeavours. However, I would like to focus
on what we can do more specifically and directly to
combat AIDS and to recall that in this regard France,
which has the honour of being the leading donor of public
and private funds to Africa, has been aware since the
beginning of the 1980s of the need to render very
concrete assistance to the struggle against HIV/AIDS.
Over the last decade, 600 million French francs, or
approximately $100 million or more have been mobilized
under the French fund alone for aid and cooperation,
through 60 projects focused primarily on prevention,
safety of transfusions, medical oversight, support for
associations that are active in this area and support for
applied research.
Aside from these mostly public efforts, there are also
the French contributions to multilateral agencies, the
contributions made by our embassies and contributions
linked to decentralized cooperation carried out by local,
regional and municipal bodies in France. Altogether this
amounts to approximately FF 100 million that France
allocates annually to the struggle against HIV/AIDS in the
developing countries.
17
However, we are aware that those efforts and the
efforts of all donors cannot alone make it possible to cope
with the challenge of the epidemic. This is why we support
the Joint United Nations Programme on HIV/AIDS
(UNAIDS) initiative of the International Partnership against
AIDS in Africa, which is designed to strengthen the
mobilization of the entire international community and in
which France intends to actively participate.
It is also in this spirit that we have hoped to see the
establishment of an international fund for therapeutic
solidarity, a fund that would receive public and private
contributions and that would be designed to promote better
access for populations in the developing countries to
treatment against AIDS, including anti-retroviruses. Aside
from its direct benefits, such an initiative should contribute
by giving new hope to populations of the countries of the
South stricken by this disease.
We cannot avoid the issue of access for developing
countries to treatment and to a future vaccine when 23
million Africans are already infected. AIDS highlights the
enormous gap between the rich and the most disadvantaged
countries and creates almost unbearable inequalities because
of its effects on the most essential right: the right to life.
As was asked by the French Minister of Health,
Dr. Kouchner, during the special session of the General
Assembly devoted to the follow-up to the Cairo Conference
in July 1999, how long will we be able to accept the fact
that the treatment is in the North and the patients in the
South? This is, in brief, what the Namibian Minister
recalled earlier with great conviction, I believe. We cannot
focus solely on prevention. Twenty-three million Africans
are already infected. We also need to concern ourselves
with the issue of treatment, and this is expensive. Hence the
interest in this fund for therapeutic solidarity.
To make progress in this area, we need to mobilize
funds and to have the courage to recognize that, yes, this
will cost money if we do not wish to limit ourselves to
prevention, but also to try to provide care and treatment.
The pharmaceutical industry must also more systematically
be able to propose to the developing countries, to the
African countries, modified financial conditions facilitating
the provision of guarantees regarding the lack of parallel or
consecutive exports to the developed countries. There really
are specific initiatives to be taken. In this regard, we
believe the United Nations could usefully organize joint
action on this question that would bring together
manufacturers, the donor countries and the recipient
countries. This is one of the specific initiatives that we
would like to see as a result of this debate.
This also seems to us to be an opportune time to
draw up a master listing, under the aegis of UNAIDS, of
all the bilateral and multilateral actions currently being
taken in order to ensure the cohesion and geographic and
medical-social complementarity of such actions. As
Dr. Piot said earlier, we have seen that some countries
have avoided the spread of this pandemic. There must
have been reasons for this, and we should perhaps look
for further cooperation in our bilateral and multilateral
actions.
Finally, all of the donors could commit themselves
to considering each of the possible actions for cooperation
regarding HIV/AIDS and could examine each of these
actions to see how to reduce the impact of the epidemic
and strengthen prevention and access to care.
In conclusion, I believe that we should emphasize
the key role that the Secretary-General can play in this
area. Once again, we would like to express our thanks for
his presence and participation in this debate, and for
having set its tone. The Secretary-General has the
political and moral authority to continue to keep our
collective awareness on alert in order to maintain the
vigilance of each country regarding this subject in order
to plot our course and to see to it that we act in
conformity with the very generous words that we are
hearing today.
Thus, I believe that, thanks to the commitment that
the Secretary-General has shown as a moral authority and,
I stress, as a political authority — thanks to that
commitment and to the efforts that we will be called upon
to make today because of his initiative — in this way we
might find it possible to drive back this disease and to
provide prospects for the genuine sustainable development
of the African countries.
The President: Our next speaker is the Ambassador
of the Netherlands. However, procedurally speaking, I
would like to consult the Council for a minute. Under the
rules of the Security Council, Ministers of Security
Council members take precedence, and that is why we
began with the Vice-President of the United States and
the Minister of Namibia. However, under those same
rules, Security Council members have the right to speak
before Ministers of other countries that are not members.
18
In the last few minutes, I have received several notes
from Permanent Representatives of African countries,
pointing out to me that they feel it would be appropriate for
us to break into the procedural order and allow the
Ministers of Health of Uganda and Zimbabwe to join the
meeting and speak prior to the next scheduled speakers,
which are the representatives of the Netherlands, Argentina,
Canada, Malaysia, the United Kingdom, Tunisia, Ukraine,
Mali and Jamaica, and then, under the rules of the Security
Council, Uganda and Zimbabwe.
I have an informal proposal that the next group of
speakers yield to the two Ministers from Africa, and I
would ask — and I know this is a bit unusual, because we
normally would adjourn and go into executive session, but
we obviously cannot do that — if any of the speakers
would be willing to yield so that we could hear the
Ministers of Health who have travelled so far at the
personal requests of their Presidents. I have spoken to both
President Museveni and President Mugabe personally about
this, and they each told me how important their Ministers'
speeches are. I would ask if Council members would agree
to invite the Ministers from Uganda and Zimbabwe to join
us at the table and speak out of order.
Would this be acceptable to representatives?
I wish to thank Council Members for their indulgence
in this change of procedure.
At the invitation of the President, Dr. Kiyonga
(Uganda) and Dr. Stamps (Zimbabwe) took seats at
the Council table.
The President: It is now my honour to call on the
Minister of Health of Uganda.
Dr. Kiyonga (Uganda): I would like to start by
thanking you, Mr. President, for the opportunity to address
the Council on this very important subject, HIV/AIDS. In
the interest of brevity, I will try as much as possible to
summarize my speech.
Since Uganda has been cited as one of the countries
that has made some progress, I think it is only fair to
members of the Security Council that I give a bird's eye
view of the country, as well as the efforts that we have
made that have led to some modest changes.
Uganda has a population of about 20 million people,
with a growth rate of 2.5 per cent annually. Most of our
people live in the rural areas; only about 12 per cent of the
population are urban dwellers. Uganda is one of the
poorest countries in the world, with a gross domestic
product per capita of $300. Although we have made
progress over the last 10 years in growth and
macroeconomic stabilization, our situation remains very
difficult as far as resources are concerned.
The average life expectancy has been drawn down
by AIDS, and now stands at about 47 years. The infant
mortality rate is still very high at 97, and the maternal
mortality rate still stands at 504 per 100,000 live births.
Access to health care is generally very poor, and only 50
per cent of our population are within five kilometres'
radius from some form of health facility.
The AIDS pandemic hit our country as far back as
1983, and we estimate that about 2 million of our people
are HIV/AIDS- positive. Of these, 92 per cent are adults,
and 12 per cent are children under 12 years old. The
urban populations are much more affected than their rural
counterparts. As has been said by other countries, there is
a higher prevalence of HIV infection among young
females as compared to males. This, coupled with the
predominance of heterosexual transmission, has
implications for mother-to-child transmission of HIV. It
is estimated that with a national seroprevalence of 10 per
cent in Uganda, and a mother-to-child transmission rate
of 25 per cent, a total of 25,000 children every year are
born who are already HIV-infected.
The HIV epidemic in our country has contributed
significantly to the re-emergence of tuberculosis, which
we had otherwise controlled. About 60 per cent of the
tuberculosis patients in the country are HIV-infected. We
have also noticed that people who are HIV-positive and
tuberculosis-infected tend to respond less satisfactorily to
tuberculosis treatment.
HIV/AIDS threatens our security and our
development. The country has already lost more than half
a million people to this disease over the last 10 years. A
large number of children have been orphaned due to
HIV/AIDS. These children are now being cared for by
their weak and aged grandparents or fellow children.
AIDS is affecting the most active members of the society,
including highly skilled people, such as doctors, engineers
and administrators. HIV/AIDS therefore threatens to
reverse the socio-economic gains made in the country in
the recent past.
What has been our response to this pandemic within
the country? President Museveni's leadership and the
19
commitment to control the epidemichas provided the
platform for a strong coalition of national and international
forces to fight HIV/AIDS in Uganda. Accordingly,
academic, political, religious and cultural leaders and
communities have formed a broad response to this disease.
Sexual AIDS-control programmes have been
established in key sectors of government, including the
armed forces, the educational sector, the agricultural sector
and the ministry responsible for labour affairs. Church and
other non-governmental organizations, as well as
community-based organizations, have made useful
contributions to the fight against HIV/AIDS. By 1994, over
4,000 non-governmental organizations had been registered
to provide programmes for HIV/AIDS care, prevention and,
often, support. One of the key interventions that we have
used has been the high-profile public-health education
carried out through radio, television, drama, songs and
billboards. It is important to mention at this stage that the
people in Uganda living with HIV/AIDS have made
significant contributions to this approach by openly
declaring their serostatus and advising the rest of the
population to avoid the infection.
Under the drug-access programme sponsored by the
Joint United Nations Programme on HIV/AIDS (UNAIDS),
which began in 1997, only about 1,000 Ugandans have
benefited from HIV/AIDS anti-retroviral treatment. This is
mainly due to the high cost of drugs. It is estimated that a
monthly supply of drugs costs about $12,000 per patient per
year. With the estimated 2 million Ugandans infected with
HIV, universal access would cost us $24 billion. This is in
contrast to our annual budget of $2 billion. Clearly, this is
unaffordable to a poor population like Uganda's.
Although some efforts have been made towards
support programmes for people living with HIV/AIDS in
health-care facilities and in the community, large gaps
remain. The ultimate goal of these programmes is to restore
hope and to encourage the sick to seek health care.
The political will that I talked about and the openness
that has emerged about HIV/AIDS in our country have
contributed immensely to Uganda's participation in HIV
research efforts. International research collaborations with
the best United States and European institutions have
helped build research capacity in Uganda. There has
emerged a core of well-trained research scientists in
epidemiology, behavioural sciences, HIV virology,
immunology and molecular biology. These scientists have
characterized the epidemiology of HIV and the behavioural
risk factors contributing to its spread. As a result of these
research efforts, a number of well-designed cohorts have
been established and, in addition, every effort is being
made to strengthen HIV/AIDS research laboratories
within the country.
Recently, research in Uganda has made a promising
breakthrough in the search for a drug to prevent motherto-child transmission of HIV/AIDS. The best United
States scientists, working with their colleagues in Uganda,
have determined that a drug called Nevirapin has the
potential of reducing mother-to-child transmission by a
factor of 50 per cent in comparison to AZT. With this
efficacy, it is estimated in the case of Uganda that 12,500
babies could be born free of HIV infection. Nevirapin is
estimated to cost about $4 per woman for the drug alone,
not counting the administration and supply costs. This
contrasts sharply with the cost of $150-$200 for treatment
of the mother-baby pair with the AZT that is currently
being used in the developed world. Use of Nevirapin
therefore promises to be the most appropriate and
sustainable strategy for the prevention of mother-to-child
transmission in resource-poor countries like Uganda.
Uganda, in its efforts to join the rest of the world in
search of a solution to this disease, has started to test
vaccine candidates. This, again, has been in collaboration
with the best scientists in the United States of America.
During the course of this meeting, the Council has heard
that Uganda has made some breakthroughs and I now
take this opportunity to try to cite just three incidences in
which we think Uganda has had some success.
The first has been in respect of behaviour change.
The Ugandan demographic and health survey of 1995
established that close to universal awareness about
HIV/AIDS had been achieved in Uganda. In that respect,
we have observed that a large number of our people are
now sticking to one partner and also using condoms,
which, at the beginning of the pandemic, were considered
taboo to talk about in our country. Now, however,
condoms are available everywhere and are being used
liberally.
As to our second achievement, we have been able to
destigmatize HIV/AIDS. The evidence for this is finding
that the people living with HIV/AIDS themselves are
standing up and declaring their serostatus, relating their
stories and advising fellow citizens to avoid the pitfalls
into which they fell. Many people are turning up to be
tested so that they can know their seropositivity. As a
result of this behavioural change and the destigmatization
that we have observed, between 1991 and now we have
20
observed declining prevalences of the disease in our
country.
That notwithstanding, we still see huge challenges
ahead. First, the epidemic is still very high at a
seroprevalence rate of 10 per cent and 2 million people
being infected. But clearly, we want to move ahead and
deepen the programme. One way is to further deepen
behaviour change. We have seen that the long-established
cultural norms in some of our ethnic groups do favour
transmission of HIV/AIDS and we want to strengthen the
programme so that this behavioural change can be
enhanced.
We lack resources. We are a poor country. Both the
extended-family and government support systems are being
overwhelmed by caring for orphans and the people living
with AIDS. As the Council has already been told, the cost
of providing anti-retroviral drugs is unaffordable in a
country like ours and we do hope that the international
community can come to our assistance in this respect. We
are glad to indicate that Nevirapin is likely to stem the
transmission from mothers to children and our country
intends, with international assistance, to move very fast to
start using this drug on a wide scale. In the final analysis,
I must emphasize that what will ultimately stem this
pandemic is the finding of an effective and low-cost
vaccine against HIV/AIDS. International solidarity on this
matter must therefore be called into action.
In conclusion, I want to inform fellow representatives
that Uganda's huge HIV/AIDS epidemic threatens national
development and may worsen the poverty situation.
Affordable measures in the control and prevention of
HIV/AIDS have been applied in our country. The high cost
of current treatment available in the developed countries
cannot be afforded by our country and people. We believe
that finding an effective and affordable vaccine offers the
only feasible alternative to the drugs. In the meantime,
however, we are calling upon the international community
to assist us in supporting the orphans and people living with
HIV/AIDS.
On behalf of President Museveni and the Government
of Uganda, I therefore wish to express our gratitude to
Vice-President Al Gore for the support he has announced
towards the fight against HIV/AIDS. I also wish to take this
opportunity to call upon the rest of the international
community, those members of the human race who are
better advantaged, to join this solidarity and help the lessadvantaged members of the world.
The President: May I note that, while the Minister
of Health of Uganda has been here with us in New York,
President Clinton's special adviser for AIDS, Sandy
Thurman, is in his country today meeting with his
colleagues and President. We are therefore most grateful
that he is here today.
The next speaker is the Minister of Health and Child
Welfare of Zimbabwe. I invite him to make his statement.
Dr. Stamps (Zimbabwe): The world has recently
been through a highly expensive and largely
uncoordinated exercise to eliminate the risk of some
people losing some money, some places losing some data
and some people disrupting their busy schedules. To some
of us, in the real world, this only induces a sense of
wonder that intelligent beings in the metropolitan
countries can be so oblivious, so colour-blind, to what has
happened in the African continent over the past 15 years.
Some $600 billion is estimated to have been spent
on the millennium bug — a largely irrelevant threat,
certainly, to us — while the world at large has laconically
observed the exponential growth of the HIV epidemic in
areas not materially linked to the growth of the
international economy.
Now, with respect, ladies and gentlemen, comrades
and friends, the proverbial chickens are coming home to
roost. Africa may be the world's largest man-made island,
as a result of the Suez Canal, but man's insatiable desire
to explore and exploit distant and unknown, not to say
dangerous, destinations will always overcome any cordon
sanitaire, any island mentality or any sane or logical
precautions that science, medicine or propriety may
prescribe. So it is futile for the global community to turn
its back on the ethnic destruction which the current
epidemic is wreaking in my country and my continent.
We have become used, even inured, to the verbal abuse
to which some of our leaders have been subjected. We
have accepted the repeated canard from international
agencies that, except for one country, there is no political
leadership in Africa on the issue of AIDS. Yet,
surprisingly, many of us, my own country included, have
achieved the impossible. We have induced our own
populations to understand that the exercise of a
completely normal, necessary and entirely pleasurable
human function can have fatal consequences. I note from
the manner in which the Western entertainment industry,
so-called, promotes the hedonistic fruits of promiscuity,
with no intimation of the potentially fatal results, and the
rapid growth of the numbers of young, northern
21
hemisphere women who are becoming HIV-positive, that
metropolitan countries have something to learn from us.
In Zimbabwe the rates of sexually transmitted
infections for individuals peaked in 1990 and have been
going down since then. The rates of new HIV infection
peaked in 1995 and have been going down since then.
Zimbabwe, nevertheless, is currently experiencing one of
the highest prevalence rates of HIV seropositivity in the
world, but of course the rate is derived from extrapolation
of sentinel surveillance data, and the sites were chosen
originally with a view to detecting newly arising infections
early. Thus, antenatal populations, STD clinic attenders and
hospital in-patients form the main cohorts of our national
statistical construct. Whether these rates will change as a
result of our national Voluntary Counselling and Testing
centres, where healthy people seek to determine their HIV
status, is information that is eagerly awaited. Suffice it to
say that the small cohort of voluntary blood donors —
about 8,000 — has consistently shown very much lower
rates of HIV seropositivity, and these rates are
progressively declining as well, showing a dramatic
reduction in seroconversion rates since 1994 and indicating
that positive behaviour change is realistically achievable.
Zimbabwe, uniquely in Africa, has screened all donated
blood for HIV since September 1985, when the first case
was identified in our country.
By the end of 1999, the National AIDS Policy for
Zimbabwe had, after three and a half years of wide
consultation throughout the country, been completed, and
the statute establishing the National AIDS Council, which
involves all stakeholders, was approved by Parliament. The
fiscus introduced an AIDS levy at the rate of 3 per cent on
income tax and corporate tax to provide secure financing
for the activities of the Council. A previous attempt to
create a cross-sectoral national AIDS council foundered
because it depended too heavily on donor support and
because of inadequate inputs from the Ministry of Health,
as well as having no executive function.
This innovation was launched by our President on
World AIDS Day, 1 December 1999, at a day-long
convention in the capital, attended by more than 5,000
people. Particularly challenging were the presentations and
requests from school-age children developed by the
Children's Parliament, which had held its latest session in
September.
The challenge now is to deal with the epidemic
effectively, consistently and fully. No country, let alone one
undergoing extreme financial distraint as a result of flawed
macroeconomic policies, adverse terms of trade, an
economic reform programme which has left just about
every Zimbabwean worse off and a debt service burden
consuming more than 38 per cent of the Government
budget, interest rates alone being four times the allocation
to the total health budget — no country can carry the
weight of the health, economic and social effects of the
devastation wrought by AIDS in sub-Saharan Africa.
This is why we welcome the concern shown by the
Security Council, through its current President, the United
States of America, and the opportunity to present not only
our statistics, but also a few of our achievements and our
proposals, to this highly influential body, confident that
our voice will be heard.
We need to examine and correct those obstructions
to our provision for this disaster. In Zimbabwe we lose
nearly 1,000 people a week to HIV/AIDS; 15 per cent of
those are children under five who have contracted it
through their parents; 27 per cent of expenditure in our
health institutions is in treating, usually unsuccessfully,
HIV-related conditions; we have no access to modern
therapies; breastfeeding is universally practised, and
access to what the Joint United Nations Programme on
HIV/AIDS (UNAIDS) calls acceptable alternatives is not
feasible for any but a few well-off urban families.
The question we ask is, is this merely lack of
understanding or a new form of racial discrimination,
another ethnic cleansing process? The rich nations rail
extensively against the mistreatment of two journalists in
my country, an event we have admitted to be judged in
court, and yet we are supposed to accept that withholding
available therapies from those who need them is not an
offence against human rights, the right to health being one
of the paramount, universal rights. The disease affects
everyone — poor, rich; urban, rural; employee, employer,
unemployed; educated, ignorant; married, single; young,
old; resident, tourist.
As Mary Fisher, a wealthy socialite infected by her
husband, succinctly pointed out at the United States of
America's Republican National Convention in Houston
some years ago, “HIV asks only one thing of those it
attacks: Are you human?'”
I thank the Council for listening.
The President: Thank you for your appearance here,
Mr. Minister. We hope you will remain for the continuing
discussion this afternoon.
22
In view of the lateness of the hour, and with
gratitude for the extreme patience of the next speakers on
the list, who are the Security Council members — in
order, the Netherlands, Argentina, Canada, Malaysia, the
United Kingdom, Tunisia, Ukraine, Mali and Jamaica —
if they find it acceptable, I propose that we suspend the
meeting until 2.30 this afternoon.
The meeting was suspended at 1 p.m.
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