General Assembly GA/SHC/3858

Department of Public Information • News and Media Division • New York

Sixty-first General Assembly

Third Committee

23^rd & 24^th Meetings (AM &
PM)

THIRD COMMITTEE APPROVES DRAFT RESOLUTIONS ON HUMAN TRAFFICKING, LITERACY,
AGEING, CRIME PREVENTION, KIDNAPPING;

CONTINUES CONSIDERATION OF HUMAN RIGHTS ISSUES

Experts Share
Views on Rights to Health, Right to Development,

Migrants’
Rights, Human Rights in Occupied Palestinian Territory

The Third Committee (Social,
Humanitarian and Cultural) today approved without a vote a draft resolution in
favour of encouraging international partnerships to combat trafficking in
persons.  It also approved, also without votes, draft resolutions on
literacy, ageing and social development, crime prevention and criminal
justice, and kidnapping.

Continuing its review of human
rights issues, the Committee heard as well from a number of Special
Rapporteurs on human rights issues with the most time being devoted to the
situation in the Occupied Palestinian Territory.  Other speakers
addressed the rights to health and development, as well as the rights of
migrants.

The draft resolution on
improving the coordination of efforts against trafficking in persons would
have the General Assembly encourage the development of bilateral, subregional
and regional partnerships in counter-trafficking efforts.  The Assembly
would request that the Secretary-General improve on the fledgling inter-agency
coordination group on trafficking in persons in order to enhance cooperation
and facilitate a comprehensive approach by the international community.
 The Assembly also would urge Member States to ratify or accede to
relevant treaties, including the United Nations Convention against
Transnational Organized Crime and its Protocol to prevent trafficking in
persons.

“The resolution clearly
acknowledges the need to make our struggle against human trafficking a global
effort of partners,” said the representative of Belarus, its main
sponsor.  Only by acting together, he added, could there be a
groundbreaking shift for the better in efforts to eradicate all forms of
slavery from the face of the Earth.

Another draft resolution adopted
today on implementation of the International Plan of Action for the United
Nations Literacy Decade would have the General Assembly appeal to Member
States to develop reliable literacy data, strengthen political will and
mobilize adequate national resources to achieve the goals of the Decade;
welcome the offer by the Government of Mongolia to host the Asia-Pacific
midterm review of the Decade in collaboration with the United Nations
Educational, Scientific and Cultural Organization (UNESCO) and the Economic
and Social Commission for Asia and the Pacific (ESCAP); and request all
relevant entities of the United Nations system, particularly UNESCO, to work
with national Governments to address the needs of countries with high
illiteracy rates.

The draft approved by the
Committee on follow-up to the Second World Summit on Ageing would have the
Assembly encourage Governments to mainstream ageing issues into poverty
eradication strategies and national development plans, call upon them to
promote a bottom-up participatory approach to implementation, and call upon
the international community to help fund research and data collection on
ageing.  The Assembly would also stress the need for additional
capacity-building at the national level to promote implementation of the
Madrid International Plan of Action on Ageing and encourage Governments to
support the United Nations Trust Fund for Ageing.

Also approved today was the
draft on strengthening the United Nations Crime Prevention and Criminal
Justice Programme and the role of the Commission on Crime Prevention and
Criminal Justice as its governing body.  That text would have the
Assembly authorize the Commission to approve, based on proposals of the
Executive Director of the United Nations Office on Drugs and Crime (UNODC),
the budget of the United Nations Crime Prevention and Criminal Justice Fund,
including for administrative and programme support.  The Assembly would
also request that the Advisory Committee on Administrative and Budgetary
Questions submit its comments and recommendations on the UNODC biennial
consolidated budget to the Commission.

The Committee approved as well a
draft on international cooperation in the prevention, combating and
elimination of kidnapping and in providing assistance to victims.  That
text would have the General Assembly vigorously condemn and reject once again
kidnapping under all circumstances and notes with satisfaction the publication
of the operational manual against kidnapping prepared pursuant to the Assembly
resolution 59/154.  The Assembly would also call upon Member States that
have not yet done so to strengthen measures to combat money-laundering and to
cooperate and legally assist in the tracing, detection, freezing and
confiscation of kidnapping proceeds, as well assist and protect victims of
kidnapping and their families.

The Committee went on to hear a
report from John Dugard, Special Rapporteur on the situation of human rights
in the Palestinian territories occupied since 1967.  He said the
situation in Gaza, in particular, had worsened since 25 June as it had been
subjected to a brutal assault that was continuing.  Israel’s actions had
been excessive; the whole population had been terrorized and property had been
randomly destroyed without military purpose.  A humanitarian crisis had
been imposed on the population by the destruction of power plants, water
supplies, bridges and schools; by restrictions imposed on the import of
medical supplies and foodstuffs; and by the closing of borders.

In the
West Bank and East Jerusalem, Israel continued to build a 700-kilometer Wall,
mostly in Palestinian territory, he said.  Its humanitarian impact was
severe, with Palestinians living in the “closed zone” unable to freely access
schools, hospitals and places of employment in the West Bank.  Many
Palestinians had abandoned their lands, resulting in a new category of
internally displaced persons.  Such a process elsewhere would be
described as ethnic cleansing, but political correctness forbade such language
where Israel was concerned, he said.

Earlier in the day, the
Committee heard from Paul Hunt, Special Rapporteur on the right of everyone to
the enjoyment of the highest attainable standard of physical and mental
health, who noted that by the time he finished addressing the Committee, 10
women would have died in childbirth or from complications of pregnancy, 9 of
them in Africa or Asia.  Each year, there were more than 500,000 maternal
deaths, most of which could have been avoided by a few well-known
interventions.  He called on the human rights community to take up the
issue as vigorously as it did extrajudicial executions, disappearances and
arbitrary detention.  He also referred to a gross inequity in access to
medicines, in a world where 15 per cent of the global population consumed more
than 90 per cent of its pharmaceuticals.  He highlighted a need for a
reliable system for the supply of good quality medicines that were affordable
to all.

Ibrahim Salama, Chairperson of
the Working Group on the Right to Development, said that the realization by
concrete measures of the right to development was under way, with the Human
Rights Council having endorsed the Working Group’s recommendations on
introducing right-to-development criteria on a pilot basis to selected
partnerships.  In the ensuing discussion, he said rhetoric over the right
to development had given way to a substantive debate, but he regretted a lack
of participation on the part of such fundamental stakeholders such as the
international financial institutions and the World Trade Organization.

Jorge A.
Bustamante, Special Rapporteur on the human rights of migrants, recalling the
General Assembly’s recent High-Level Dialogue on international migration and
development, said he was concerned that debate on the issue was still centred
on either the perceived challenges posed by migration or on its economic
aspects, failing to integrate the human rights dimension.  He also said
that the International Convention on the Protection of the Rights of All
Migrant Workers and Members of their Families — which offered States the most
comprehensive framework for the protection of the human rights of migrants —
had suffered from a very low level of ratification by countries of
destination.

The representative of Cuba, on
behalf of the Non-Aligned Movement, introduced a draft resolution on the
consequences of the Israeli invasion for the human rights situation in
Lebanon.

The representatives of Zimbabwe,
Eritrea, Uzbekistan, Ethiopia and the United States spoke in exercise of the
right of reply.

The Committee will meet again at
10 a.m. on Friday, 20 October, to consider its consideration of human rights
issues.

Background

The Third Committee (Social,
Humanitarian and Cultural) met today to continue its general discussion of
human rights questions, including alternative approaches for improving the
effective enjoyment of human rights and fundamental freedoms, human rights
situations and reports of Special Rapporteurs and Representatives.  (For
background information, see Press Releases GA/SHC/3856
and GA/SHC/3857
of 17 and 18 October, respectively.)

The Committee had before it a
note by the Secretary-General transmitting the report of the Special
Rapporteur, Vitit Muntarbhorn, on the situation of human rights in the
Democratic People’s Republic of Korea (document A/61/349), which had not
been available on Tuesday, 18 October.  The report, which covers the
human rights situation there from 2005 through August 2006, says that despite
key reforms, including criminal law reform, many egregious transgressions and
discrepancies existed and required effective redress.  Major challenges
existed regarding the rights to food, life, security of persons and humane
treatment, self-determination, asylum and refugee protection as well as the
right to freedom of movement, expression, association and religion.  The
report raises concern over violations of women’s rights –- particularly
violence against women –- and violations of the rights of children, the
elderly, people with disabilities and ethnic minorities.

The Democratic People’s Republic
of Korea’s launching of missile tests in mid-2006 in the face of global
opposition has exacerbated the situation, causing many humanitarian aid
donours to reconsider distributing such aid.  Major flooding has also
caused great harm to the population as has the decision of many countries to
deny entry to refugees from the Democratic People’s Republic of Korea or adopt
more stringent refugee policies.

The report calls on the
Government of the Democratic People’s Republic of Korea to implement all human
rights treaties and instruments to which it is a party and reallocate military
funding for human rights purposes.  Further, it calls on officials to
allow humanitarian food aid into the country and promote sustainable
agricultural development to ensure food security; give citizens travel
permits; reform the prison system to include the rule of law, safeguards for
the accused, an independent judiciary and access to justice; and abolish
sanctions for political dissent.  It calls on them to reform laws and
practices to ensure respect for civil, political, economic, social and
cultural rights and train law enforcers to respect those rights.

It also calls on them to allow
the Special Rapporteur and, as appropriate, other mechanisms to visit the
country and assist in human rights promotion and protection.

The report also calls on the
international community to support the Special Rapporteur’s recommendations;
continue to provide food aid to those in need; respect the principle of
asylum, particularly non-refoulement; protect refugees; help the Democratic
People’s Republic of Korea reform its prison system and offer it human rights
programmes with security guarantees and incentives for socio-economic
development.

Also before the Committee was a
letter dated 5 October 2006 from the Permanent Representative of Mexico to
the United Nations addressed to the Secretary-General (document A/61/506),
which contains the report of the Helsinki Process meeting on international
migration held from 25 to 26 July in Mexico City.

The Committee was also expected
to take action on draft resolutions on implementation of the International
Plan of Action for the United Nations Literacy Decade (document A/C.3/61/L.4),
and follow-up to the Second World Summit on Ageing (document
A/C.3/61/L.6), as well as three drafts under its agenda item on crime
prevention and criminal justice, including those on strengthening the
United Nations Crime Prevention and Criminal Justice Programme and the role of
the Commission on Crime Prevention and Criminal Justice as its governing
body (document A/C.3/61/L.2), international cooperation in the
prevention, combating and elimination of kidnapping and in providing
assistance to victims (document A/C.3/61/L.3), and improving the
coordination of efforts against trafficking in persons (document
A/C.3/61/L.7/Rev.1).

Statement by Special
Rapporteur

PAUL HUNT, Special Rapporteur on
the right of everyone to the enjoyment of the highest attainable standard of
physical and mental health, noted that by the time he finished addressing the
Committee, 10 women would have died in childbirth or from complications of
pregnancy, nine of them in Africa or Asia.  Each year, there were more
than 500,000 maternal deaths, most of which could have been avoided by a few
well-known interventions.

There was no single cause of
death or disability for men between the ages of 15 and 44 that came close to
the magnitude of maternal mortality and morbidity, he said, adding that if men
had to give birth, mortality and morbidity arising from childbirth probably
would be taken more seriously and attract more resources than they did
today.  Maternal mortality highlighted multiple inequalities -— global,
ethnic and gender -— as well as the entrenched disadvantage of those living in
poverty.  He recalled that Millennium Development Goal 5 aimed to reduce
maternal mortality by three-quarters by 2015.  Despite longstanding
international commitments to reduce maternal mortality, progress had stagnated
or been reversed in many of the countries with the highest maternal mortality
rates.

He called on the human rights
community to mount a global campaign against maternal mortality, which
violated a woman’s right to life, health, equality and
non-discrimination.  The human rights community should take up the issue
as vigorously as it did extrajudicial executions, disappearances and arbitrary
detention.  He noted that there were an estimated 1 million
disappearances over the past 26 years, which was the same number of maternal
deaths in just the last 24 months.  While all agreed that disappearances
were an extremely serious human rights problem, his point was that so was
maternal mortality.  Many had a role to play in the struggle against this
human rights catastrophe, including Governments, managers of health
facilities, the international community, and families and communities. 
Donours must pay their part by helping developing countries and also by
examining their own domestic policies where discriminatory maternal health
outcomes demanded vigorous attention.

The second issue raised in his
report was access to medicines, which formed an indispensable part of the
right to health.  Gross inequity in access to medicines remained the
overriding feature of the world pharmaceutical situation, with 15 per cent of
the world’s population consuming more than 90 per cent of its
pharmaceuticals.  He highlighted the need for a reliable system for the
supply of good quality medicines that were affordable to all.  He noted
problems of inadequate public funding for health and of corruption.  More
research and development was needed to promote the availability of new drugs
for those diseases causing a heavy burden in developing countries, and States
should support such efforts in the framework of international
assistance.

While States had the primary
responsibility for enhancing access to medicines, that was a shared
responsibility.  The Millennium Development Goals explicitly recognized
that pharmaceutical companies were among those who shared this
responsibility.  His report had begun to explore the specific
responsibilities of pharmaceutical companies in relation to access to
medicines, and he was in the process of preparing draft guidelines for States
and pharmaceutical companies on that issue.

Discussion

Mr. HUNT, in response to
questions on how to increase access to medicines, said the first step was to
devise, through a participatory and inclusive process, a national medicines
policy.  He noted that only some 100 States had a national drugs policy,
and that many of those did not have an implementation plan.  Both were
needed.  There also was clearly a responsibility to apply differential
pricing, he said.  It cannot be right that the same price for drugs was
applied to those living in Canada as in Ecuador.  There might also be a
need for differential pricing within countries where there were extreme
disparities in wealth.

In his discussions with
pharmaceutical companies regarding their role and responsibilities, he said he
had taken into account intellectual property issues.  He also noted that
certain countries were favoured with research and development and that it was
the responsibility of rich States to produce incentives to address
imbalances.  Pharmaceutical companies also had responsibilities in that
regard, whether legal or ethical.  Asked to provide a briefing on the
draft guidelines on the duties of States and pharmaceutical companies, he said
he would do so when the project was more fully developed.

In response to a question on the
regulation of drugs supply, he said the critical question was equitable access
for all, including in emergency situations.  On the need to regulate
herbal medicines, he said the right to health required that drugs were safe
and of good quality.  That was the discipline required.

Asked to elaborate on the link
between access to drugs and corruption, he noted that the supply chain for
drugs had many links, and that, in some countries, there was corruption in
relation to each link.  He referred to comments made by the head of the
Nigerian drugs authority on that issue and to a good report by Transparency
International on corruption and health care.  It was the poor who
suffered the most from corruption.

In his last report to the Human
Rights Council, he had indicated his interest in identifying the key
components of a health system that were needed to attain right to health,
which likely would include a participatory drug policy, the collection of
disaggregated data, and enhanced monitoring and accountability.

Asked whether international
norms were sufficient to address the situation of children infected or
affected by HIV/AIDS, he said that more detailed norms would be helpful
insofar as they might assist in more targeted action.  On a separate
point, he offered what he termed the “provocative suggestion” that as the
World Bank was addressing the issue of HIV/AIDS, countries that helped shape
the policies of the institution should raise their human rights concerns to
help ensure that programmes were inclusive, participatory and reached the
poor.

Asked about his work on
neglected diseases, he pointed to his country report on Uganda which was
devoted to the issue, a study on the World Trade Organization, which included
a chapter on neglected diseases, and publication co-authored with the World
Health Organization on human rights and neglected diseases.

Referring to a question on the
medical practices of indigenous people, he drew attention to his earlier
report on Peru, which included a chapter on how to promote and protect the
right to health of indigenous people in a culturally sensitive way.  He
was not suggesting that all the findings could be transferred, but there might
be some common points.

Asked how work on indicators
could help “operationalize” the right to health, he recalled that the right to
health was subject to progressive realization.  States needed indicators
and benchmarks to know whether they were making progress, and, if not, to then
take remedial action.  More indicators also were needed at the
international level to monitor whether rich countries were fulfilling their
responsibilities.  In response to a separate question on impact
assessments, he noted that he had prepared a preliminary study on this topic
which would be presented formally to the Human Rights Council in his next
report.

Asked what was missing in the
World Health Organization’s health strategy, he said it would be helpful if
there was more emphasis on participation and on adolescence.  He said
there was a need to use the dreaded term “sexual health”, which came before
reproductive health.  He also commended the recently adopted Swedish
policy on sexual and reproductive health.

Responding to a question about
how to involve young people in issues around maternal mortality, he said the
major challenge was for young people to get access to information about sexual
and reproductive health.

Asked for his views on abortion,
he stressed that countries had to work out for themselves their position
regarding abortion.  However, in some cases, there was a responsibility
to provide such facilities in cases of emergency and in cases that were
life-threatening.  He noted that 13 per cent of maternal deaths worldwide
were from unsafe abortions, a figure that had risen to 19 per cent in South
America.

Responding to a question on the
impact of some traditional practices, such as female genital mutilation, on
the right to health, he said that was an issue he would like to address in the
future.  A balance must be struck between evidence-based health
interventions and cultural sensitivity.

He agreed with a delegate that
more South-South cooperation was needed to protect and promote the right to
health.

Statements on Right to
Development

IBRAHIM SALAMA, Chairperson of
the Working Group on the Right to Development, said that the realization by
concrete measures of the right to development was under way.  In January
2006, the Working Group had adopted, by consensus, a set of criteria for the
periodic evaluation of global development partnerships as identified in the
eighth goal in the Millennium Development Goals.  The consensus had been
based on the work of a five-member High-level Task Force established in 2004
by the Commission on Human Rights to provide the necessary technical expertise
to the Working Group on that issue.  The Working Group also recommended
that the criteria be applied on a pilot basis to selected partnerships, with a
view to progressively developing them.  That had been a significant step,
and would contribute to mainstreaming the right to development at the
national, regions and international levels, including multilateral finance,
trade and development institutions.

At its first session in June,
the Human Rights Council had endorsed the Working Group’s recommendations, he
said.  Since then, the Office of the High Commissioner for Human Rights
had been working to implement those recommendations, while the Task Force was
to meet again in January 2007.  Meanwhile, a number of initiatives had
been under way to enhance different aspects of international development –- in
particular the Organization for Economic Cooperation and Development/Economic
Commission for Africa Mutual Review of Development Awareness in the context of
the New Partnership for Africa’s Development (NEPAD), the Paris Declaration on
Aid Effectiveness, and the African Peer Review Mechanism.  The Working
Group hoped to draw valuable insight and lessons from those mechanisms, to
ensure that the application of the right-to-development criteria would add
value to them.

Discussion

Responding to a question from
the representative of Nepal regarding countries emerging from conflict, Mr.
SALAMA said the main attribute of the Task Force approach had been to address
one issue at a time, and that the issue of countries emerging from conflict
had not been on the agenda, although nothing prevented the issue from being
addressed in the future.

Responding to a question from
the representative of Cuba, he identified a number of obstacles on the way to
establishing the right to development.  One had been political
controversy over its definition, although rhetoric had been giving way to a
substantive debate.  Another challenge had been the non-participation of
many fundamental stakeholders, basically the international financial
institutions and the World Trade Organization.  A third challenge
involved setting out the specific content of the right to development, which
meant different things to different people at different times.  Obstacles
remained, but not with the same magnitude, and some had been overcome.

In response to a question from
the representative of Finland regarding migration and development, he said he
felt that the human rights dimension of migration and development had been
sufficiently addressed, notwithstanding special debates in the General
Assembly which had identified many important issues.  The matter had been
dealt with in a sporadic way.  A time should come when it was addressed,
but it was up to Member States to decide when.

Human Rights of
Migrants

JORGE A. BUSTAMANTE, Special
Rapporteur on the human rights of migrants, in his statement, said that
throughout the year, he had addressed to Government communications on
allegations of human rights violations, including:  arbitrary detention;
inhumane detention conditions; ill-treatment during border controls; deaths as
a result of excessive use of force by police and security forces; collective
deportations, summary expulsions and violations of the human rights of
deportees; impunity for crimes against immigrants; gender-based violence; and
the growing use of subcontracting as a subterfuge for the compliance of labour
laws protecting migrant workers.  Governments that had not replied were
invited to do so and more importantly to take measures to ensure that
migrants’ rights were respected.

He recalled the General
Assembly’s recent High-Level Dialogue on international migration and
development, saying he was concerned that the debate had continued to be
centred on either the perceived challenges posed by migration or on its
economic aspects, failing to integrate the human rights dimension.  The
International Convention on the Protection of the Rights of All Migrant
Workers and Members of their Families offered States the most comprehensive
framework for the protection of the human rights of migrants, but it suffered
from a very low level of ratification by countries of destination, and that
had become the most important obstacle for realizing its objectives. 

All States had to understand
that migrants were not simply agents of development, but human beings with
rights which States had an obligation to protect, he said.  It was
imperative, too, to identify and address the human rights and development
deficits that had caused a substantial part of the migration phenomenon, such
as social and economic exclusion, poverty, inequality of opportunities and
gender discrimination.  People migrating in such circumstances were less
equipped to confront the challenges ahead of them.  Migrants could best
contribute to development if they were integrated, not marginalized. 
Efforts had to be focused on initiatives that maintained and strengthened a
virtuous cycle whereby the human rights of migrants would be respected, and
whereby migrants would be integrated in their host countries, able to
contribute to the development of both countries of destination and
origin.

Discussion

In response to a question from
the representative of Indonesia regarding migrant domestic workers, Mr.
BUSTAMANTE expressed gratitude regarding efforts made by non-governmental
organizations in upholding the rights of migrant women, especially in the area
of services. 

Responding to the representative
of Finland, he said a new division of the world had occurred between countries
of origin and countries of destination, with the latter having failed to
respond to the need to ratify and implement the convention on migrant
workers.  Responding to the representative of Azerbaijan, he said
returning migrants was an area that needed further attention.

Replying to a question from the
representative of Georgia regarding ethnic Georgians in the Russian
Federation, Mr. BUSTAMANTE said he had only learned about the issue through
the media and that he was thus unable to respond, but he was grateful for her
country’s invitation to visit. 

Responding to the representative
of the United States, he said that one of the areas that required the greatest
attention was that of the responsibilities of migrants themselves.  Those
responsibilities were not only linked to legal migration, but also to
irregular migration.  The matter had not been dealt with more thoroughly
because of the lack of ratification of the convention on migrants.

Statements in Right of
Reply

Speaking in exercise of the
right of reply, the representative of Zimbabwe dismissed the
unwarranted accusations made by the representative of Finland on behalf of the
European Union.  He recalled that the High Commissioner for Human Rights
had talked about the need for dialogue and cooperation in addressing human
rights issues, and that that was also the basis for the establishment of the
new Human Rights Council.  The European Union displayed a
holier-than-thou attitude, pointing fingers at other countries while choosing
to downplay their own violations, he said.  In Zimbabwe, there was due
process for those who broke the law.  The European Union spoke at length
about torture but did not support a resolution on Guantanamo Bay.  Many
European States were involved in “snatches” or extraordinary renditions but
still had the audacity to present themselves as human advocates.  The
General Assembly resolution on the establishment of the Human Rights Council,
which emphasized dialogue, cooperation and universality, should guide the tone
and approach to human rights issues generally.

Also taking exception to the
European Union statement, the representative of Eritrea noted that his
country was party to most human rights instruments and was making serious
efforts toward the full realization of all human rights of its people. 
Contrary to the assertions made, every person in his country was entitled to
religious freedom.  The issue was not about religious freedom, but abuse
of religion to avoid the national service obligation, which applied to all
able-bodied citizens above age 18.

The representative of
Uzbekistan also took issue with the European Union statement, which was
politically motivated, and applied double standards and a selective
approach.  In the context of reform of the human rights system, his State
had hoped for more constructive dialogue.  The European Union had misled
the Committee on two points, first by accusing Uzbekistan of not implementing
the recommendations made by the Special Rapporteur following his visit to the
country.  He said that 20 of the 22 recommendations already had been
fully implemented.  The second was the accusation that Uzbekistan did not
cooperate with human rights institutions.  Uzbekistan had submitted
periodic reports to various United Nations organs, cooperated with all special
mechanisms and responded to requests.  His country also had actively
cooperated with the specialized agencies of the United Nations to establish
indicators for the Millennium Development Goals.

The representative of
Ethiopia also took the floor to refute the “baseless allegations” of
the European Union, noting that the country had held free and fair elections
in May 2005.  Some in the opposition then planned violent and disruptive
actions, forcing the Government to take measures to restore law and
order.  The detentions and trials of those accused in instigating the
violence were being conducted with due process and in line with international
obligations.  The trials were fully transparent and open to family
members, journalists, and members of the international community.  The
European Union wrongly characterized the detention of the accused as
“arbitrary”.  She added that the country was in the process of finalizing
new media laws with input from international advisers.

Also speaking in exercise of the
right of reply, the representative of the United States took offence at
the suggestion that Guantanamo Bay represented an act of torture.  The
United States had no interest in being the world’s jailer and would like to
close Guantanamo.  His country was working with members of the
international community to transfer remaining detainees where possible. 
He noted that the President had recently signed the Military Commission Act of
2006 establishing procedures for trying enemy combatants in compliance with
the Geneva Conventions, and that that legislation incorporated due process
safeguards.

Introduction of Draft
Resolution

The representative of
Cuba, on behalf of Member States of the United Nations that were
members of the Non-Aligned Movement, introduced a draft resolution on the
consequences of the Israeli invasion for the human rights situation in
Lebanon (document A.C.3/61/L.13).  He noted that the elimination of
conflict and the achievement of peace were fundamental to preparing a path for
development and human rights.  Lebanon had undergone terrible trauma last
summer where suddenly people found themselves deprived of the most fundamental
human rights, including the right to life.  Members of the Non-Aligned
Movement presented this resolution as a relevant and timely
initiative.

The representative of
Azerbaijan noted that the draft also was presented on behalf of Member
States of the United Nations that were member States of the Organization of
the Islamic Conference.

Action on Draft
Resolutions

The Committee adopted — without
a vote — draft resolutions on literacy, ageing and social development, crime
prevention and criminal justice, kidnapping, and trafficking in
persons.

They included a draft
resolution, as orally revised, on implementation of the International Plan
of Action for the United Nations Literacy Decade (document
A/C.3/61/L.4).

The Committee then adopted, as
orally revised, a draft on follow-up to the Second World Summit on
Ageing (document A/C.3/61/L.6).

As well, it adopted, as orally
revised, a draft on strengthening the United Nations Crime Prevention and
Criminal Justice Programme and the role of the Commission on Crime Prevention
and Criminal Justice as its governing body (document A/C.3/61/L.2). 
The chairman said the draft would now be referred to the Fifth Committee, as
it addressed budgetary matters.

The Secretary then read out a
statement of programme budget implications on a draft on international
cooperation in the prevention, combating and elimination of kidnapping and in
providing assistance to victims (document A/C.3/61/L.3).  The
Committee went on to adopt the draft.

The Secretary then read out a
statement of programmed budget implications on a draft on improving
coordination of efforts against trafficking in persons (document
A/C.3/61/L.7/Rev.1).  The representative of Belarus, its main
sponsor, said the draft clearly acknowledged the need to make the struggle
against human trafficking a global effort of partners.  Only by acting
together could there be a groundbreaking shift for the better in efforts to
eradicate from the face of the Earth all forms of slavery.

The representative of
Nigeria then thanked Belarus for its initiative and hard work, and
extended sincere appreciation to all other delegations for having made
contributions that had enriched the text.  It was hoped that the same
spirit of cooperation would prevail as a concrete demonstration of the
determination to combat the scourge of trafficking and slavery in the
twenty-first century. 

The representative of the
Philippines said that a holistic approach to the issue demanded no less
than global cooperation, and respect for human rights had to be the foundation
of every fight against criminality.  The humanity of victims of
trafficking could never be forgotten or transgressed.

The Committee then adopted the
draft, as orally revised.

After adoption of the draft
resolution, the representative of the United States said that under the
law of her country, trafficking in persons was the largest manifestation of
slavery today.  Trafficking was synonymous to modern-day slavery; the
resolution highlighted the problem of grappling with demand for trafficked
persons, as well as with the supply.

The representative of
Palau commended the initiative, but expressed concern over its plan to
base a working group in Vienna, as many small and developing countries would
have difficulty in being present for its meetings there.  Initiatives
would be welcome to make participation for such States more
accessible.

The representative of
France said his country favoured the coordination of international
efforts against trafficking in persons, although it felt the draft was
premature in light of the Protocol to Prevent, Suppress and Punish Trafficking
in Persons, especially women and children, supplementing the United Nations
Convention against Transnational Organized Crime.

The
representative of Colombia said that, while his country did not
co-sponsor the resolution, trafficking in persons was an important issue for
his country, which recently had adopted a national strategy to address the
issue.

The representative of
Libya called the adoption of the draft a very historic moment, and a
step forward in intensive efforts that the world would be exerting to combat
any kind of crime against humanity.

The Committee postponed action
on a draft resolution on crime prevention and criminal justice (document
A/C.3/61/L.14) until a later date.

Occupied Palestinian
Territory

JOHN DUGARD, Special Rapporteur
on the situation of human rights in the Occupied Palestinian Territory, noted
that there was nothing startlingly new in his report as it told the old story
of serious violations of human rights and international humanitarian law
against an occupied people by a State that claimed to be committed to
civilized legal values.  It was worse than last year as the situation in
the Occupied Palestinian Territory had worsened and continued to
worsen.

The situation in Gaza, in
particular, had worsened since 25 June as it had been subjected to a brutal
assault that still continued, he said.  Israel’s actions had been
excessive, with direct attacks on civilian targets and a failure to
distinguish between legitimate military targets and civilians.  The whole
population had been terrorized.  Property had been randomly destroyed
without military purpose.  A humanitarian crisis had been imposed on the
population by the destruction of power plants, water supplies, bridges and
schools; by restrictions imposed on the import of medical supplies and
foodstuffs; and by the closing of borders.  Poverty in Gaza stood at 75
per cent, which was mainly attributable to Israel’s siege.  In short, the
people of Gaza had been subjected to collective punishment in clear violation
of article 33 of the Fourth Geneva Convention. 

In the
West Bank and East Jerusalem, Israel continued to build a 700-kilometer Wall,
of which 80 per cent was built or would be built in Palestinian territory, he
continued.  The humanitarian impact of the Wall was severe, with
Palestinians living in the so-called “closed zone” unable to freely access
schools, hospitals and places of employment in the West Bank.  Many
Palestinians had abandoned their lands, resulting in a new category of
internally displaced persons.  In other countries the process would be
described as ethnic cleansing, but political correctness forbade such language
where Israel was concerned.  He also noted a 40 per cent increase in the
number of checkpoints and roadblocks throughout the West Bank.  A serious
humanitarian crisis prevailed in the West Bank, though not as extreme as in
Gaza.

The humanitarian crisis was in
large measure the result of termination of funding of the Palestinian
Authority since Hamas was elected to office, he said.  In effect the
Palestinian people had been subjected to economic sanctions —- the first time
an occupied people had been so treated.  Israel violated international
law as expounded by the Security Council and the International Court of
Justice and went unpunished.  The Palestinian people were punished for
having democratically elected a regime unacceptable to Israel, the United
States and the European Union.  Sadly the United Nations must share some
of the blame for the humanitarian crisis as it effectively condoned the taking
of measures against the Palestinian people in its role as a member of the
Quartet. 

Discussion

During the discussion that
followed, Mr. DUGARD first addressed the question posed by the observer of
Palestine, who asked how the role of the United Nations within the
Quartet could be reconciled with its international commitments.  Mr.
Dugard noted that the Quartet had in effect condoned the use of economic
measures not against the Palestinian Authority but against the Palestinian
people.  He accepted that individual States had the right to discontinue
support for a particular Government, but found it difficult to accept that the
United Nations as a Quartet member went along without following normal
procedures when deciding to impose economic sanctions.  It would be
helpful if the Security Council rather than the Quartet addressed that
issue.

Asked by several delegations
about the way forward, he repeatedly emphasized the need for the Security
Council to reassert its role in addressing the Palestinian situation.  It
was unfortunate that the Security Council had delegated all authority to deal
with the Palestinian situation to the Quartet when there was growing concern
about the Quartet’s impartiality in the dispute.  He believed that the
Quartet was too influenced by certain powers and that the United Nations role
had been undermined and minimized.  He did not think the Human Rights
Council or the General Assembly could achieve much in that respect.  He
appealed to members of the international community, acting through the General
Assembly, to put pressure on the Security Council to assume its responsibility
for finding a solution to the problem.

In response to questions about
what might be an acceptable solution to the conflict, he recalled that his
mandate concerned the respect for human rights.  His criticism of the
Quartet stemmed from its failure to pay adequate attention to human rights
concerns.  However, the goal should be the resumption of talks between
the Palestinian people and the Israeli Government.  Every effort should
be made to secure that, he said.  He agreed with the representative of
the United States on a two-State solution to the conflict, but added that
every effort should be made towards permanent status talks as soon as possible
in order to take care of the welfare of the Palestinian people.  He
expressed misgivings about the “Road Map”, which was solely within control of
the Quartet, which had not proved to be an impartial body in dealing with
situation.

Responding to a question posed
by the representative of Finland on the functioning of the Temporary Interim
Mechanism intended to facilitate assistance to the Palestinian people, he said
it had been very helpful and was working very well.  Asked about what was
needed to protect the right to health of the Palestinian people, he said it
was essential to ensure that medical supplies were able to pass through Gaza
crossings to reach hospitals.  He said that the discontinued funding to
the Palestinian Authority had impacted upon health services, noting that
several non-governmental organizations working in the health sector were not
able to continue with projects with the Palestinian Authority because of the
restrictions imposed.

Responding to a question from
the representative of Lebanon, he said that actions taken by Israel could be
considered systematic violations of human rights.

Turning to the intervention of
the representative of Israel, who had criticized his report as one-sided, he
said it was understood that his mandate was limited to investigate human
rights violations by Israelis and not by Palestinians.  He agreed that it
would be helpful if Corporal Gilad Shalit was released and hoped that
Palestinian prisoners also would be released.  He did not believe the
security risks cited by the Israeli justified the closure of the border to
goods and persons.  He also expressed concern over the use of the terms
“terror” and “terrorism” by both Israelis and Palestinians to describe the
actions of the other.  He spoke as a South African, where Nelson Mandela
was once referred to as a terrorist by former British Prime Minister Margaret
Thatcher.   Israel itself had two former Prime Ministers who were
considered as “terrorists” by some.  He urged both sides to discontinue
the use of such language, which made it very difficult to negotiate with the
other side.

Asked by the representative of
Iran whether he would propose a change to his mandate, he said he did not
think it would be helpful for the same person to investigate violations by
Israelis and by Palestinians.  A second rapporteur would be needed to
investigate violations by the Palestinian Authority.  In response to a
follow-up point, he noted that a serious limitation on the effectiveness of
his mandate was the failure of the Israeli Government to cooperate.  He
was able to speak to the Palestinian Authority and Palestinians freely, but
had difficulty speaking to Israeli Government officials.  He noted that
when Israeli authorities accused him of being one-sided or biased, they had no
one but themselves to blame.  He did greatly appreciate that no obstacles
were placed on his visits to the region.

He noted that the upcoming visit
of the High Commissioner for Human Rights to the Palestinian Territory was an
important step and wished her great success in her mission.

Commenting generally on the
dialogue in the Third Committee this afternoon and over past years, he
regretted that it often became an opportunity for Israel-bashing.  The
dispute should not be seen as one between Arab States and Israel, with the
United States and the European Union also involved.  The issue was a
matter of concern to all Member States.  He wondered what were the views
of the great silent majority.  He praised Cuba for regularly raising its
concerns despite the fact that it had no clear and demonstrable interest in
the dispute and wished other States would also contribute in this manner.
 The credibility of the whole human rights movement was at stake in the
Palestinian Territory.

* ***
*