HUMAN RIGHTS COUNCIL HEARS PRESENTATIONS ON HUMAN RIGHTS OF INDIGENOUS PEOPLE AND EFFECT OF TOXIC WASTE ON HUMAN RIGHTS

The Human Rights Council this afternoon heard presentations by the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people and the Special Rapporteur on the adverse effects of the illicit movement and dumping of toxic and dangerous product and wastes on the enjoyment of human rights. At the beginning of the meeting, the Council concluded its interactive dialogue with the Special Representative of the Secretary-General for children and armed conflict.

S. James Anaya, Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, said his first report to the Council was devoted to an analysis of the Declaration on the Rights of Indigenous People from the perspective of the wider constellation of international human rights instruments and norms to which it connected. The Declaration did not establish new or exclusive rights for indigenous peoples; these were applicable to all in the social, political, historical and economic processes of indigenous people. Mr. Anaya called upon States to put an end to these processes that had traditionally denied indigenous people’s rights.

Ecuador spoke as a concerned country

Okechukwu Ibeanu, Special Rapporteur on the adverse effects of the illicit movement and dumping of toxic and dangerous product and wastes on the enjoyment of human rights, said that a central focus on the Millennium Development Goals, elimination of poverty and hunger, provided a useful context to explore the links between his mandate and the concerns of the Basel Convention. There was a paradox inherent in the use of chemicals in food production: while fertilizers, pesticides and herbicides had been very useful in increasing food production and improving preservation, their long-term effects on health and the environment continued to generate concerns.

Tanzania and Brazil spoke as concerned countries.

In the interactive dialogue, the C’ote d’Ivoire speaking on behalf of the African Group called for an expansion and strengthening of the Special Rapporteur’s mandate to take into account all contexts in which the illicit movement and dumping of toxic and dangerous products and wastes violated human rights. France speaking on behalf of the European Union asked for a more extensive elaboration on the role of corruption on the adverse effects of the illicit movement and dumping of toxic and dangerous product and wastes on the enjoyment of human rights, the role played by a free media and the existence of an environment of national rules for the media.

Also speaking in the interactive dialogue were the delegations of New Zealand, Mexico, Norway and Bolivia.

At the beginning of the meeting, the Council concluded its interactive dialogue with Radhika Coomaraswamy, the Special Representative of the Secretary-General for children and armed conflict. In her concluding remarks, Ms. Coomaraswamy said that with regard to the Universal Periodic Review, she and others working in this field hoped that the issue of children and armed conflict would become a category that would be monitored and recorded on within the Universal Periodic Review. She suggested that the Office of the High Commissioner for Human Rights appoint a focal point on this subject to coordinate efforts and ensure that the Universal Periodic Review had this component. She explained that the focus of the Security Council on this issue was a peace and security issue and it focused on recruitment and use of child soldiers. Since issues such as internally displaced children, arbitrary detention and others were not dealt with at the Security Council, this would be a space for the Human Rights Council to step in and deal with this issue through special resolutions.

In the interactive dialogue, several countries were concerned about the role of non-state actors. A speaker asked what measures could be taken to make non-state actors comply with international standards. Another speaker said that a regional approach should be taken given the cross-boarder activities of non-state-actors. Among others, a delegation drew attention to the fact that the negative impact on children by armed conflict was not limited to the six categories drawn up by the Security Council. Especially gender-based violence had to be addressed by the Council. Countries welcomed the progress based on the programme of action for children in armed forces. Several countries stated that children’s rights had to be mainstreamed into all activities of the United Nations and therefore had to be addressed in the Council as well.

Speaking on this issue were the delegations of Chile, the Philippines, Japan, France on behalf of the European Union, Pakistan, Azerbaijan, Canada, Egypt, Belgium, the Russian Federation, Republic of Korea; Luxembourg, Switzerland, Indonesia, Georgia, United Kingdom, Viet Nam, Iraq, Sweden, Costa Rica, Bangladesh, Nigeria, Argentina, Italy, Nepal, Sudan, Myanmar, Iceland, Colombia and Norway.

The Afghan Independent Human Rights Commission, Colombian Commission of Jurists Defence for Children International, International Islamic Federation of Student Organizations, International Human Rights Association of American Minorities and the World Muslim Congress also took the floor.

The Council will resume its meeting at 10 a.m. on Wednesday, 10 September to conclude its interactive dialogue with the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people and the Special Rapporteur on the adverse effects of the illicit movement and dumping of toxic and dangerous product and wastes on the enjoyment of human rights. It will also hear presentations by, and hold an interactive dialogue with, the Independent Expert on human rights and international solidarity, the Special Rapporteur on contemporary forms of slavery, including its causes and its consequences, and the Special Rapporteur on the sale of children, child prostitution and child pornography.


Documents on Human Rights of Indigenous Peoples and Adverse Effects of Dumping of Toxic and Dangerous Products and Wastes

The Council has before it the annual report of the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, S. James Anaya (A/HRC/9/9 and Add.1), which looks at the activities undertaken by the Special Rapporteur from 1 May to 1 August 2008, including proposed activities for the coming year. The report also provides an overview of the mandate; an analysis of the United Nations Declaration on the Rights of Indigenous Peoples within the context of other instruments and sources of human rights norms concerning indigenous peoples; and, lastly, gives an assessment of the different mechanisms required for promoting the implementation of the Declaration. The report notes that serious technical difficulties remain, as well as economic, social and political obstacles that States encounter in undertaking systemic action and reforms required to fully and effectively respect the rights of indigenous peoples. In conclusions, among others, the Special Rapporteur notes that, for the Declaration to be fully operative, States must pursue a range of affirmative, special measures that engage the various institutions of law-making and public administration and stresses that indigenous peoples invariably are crucial actors in the operationalization of the Declaration.

A first addendum contains summaries of communications received on alleged human rights violations sent between 2 September 2007 and 9 June 2008, and of the government responses received up until 3 July 2008. During this period, the former and current mandate-holders sent a total of 39 communications to 25 different States. Of these, 29 were allegation letters and 11 were urgent appeals. Most of the communications were sent to Latin American States (20), followed by Asia-Pacific States (11), and African States (5). Three were sent to European States.

The Council also has before it the report of the Special Rapporteur on the adverse effects of the illicit movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights, Okechukwu Ibeanu (A/HRC/9/22 and Add.1-2), which summarizes the activities of the Special Rapporteur since his last report to the Council submitted in February 2008. A particular focus is the Special Rapporteur’s participation at the ninth Conference of Parties to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal from 23 to 27 June 2008 in Bali, Indonesia. In view of the review that the Council will conduct at its ninth session of the mandate, the report also outlines some challenges that the Special Rapporteur has faced in the discharging his mandate and provides proposals to enhance the mandate, including to consider broadening the mandate to include all types of movement and dumping of toxic and dangerous products and wastes – i.e. including those that “appear to be officially legal”, particularly in the form of trade and development assistance, yet could be considered “illicit” based on human rights norms and because they carry far-reaching adverse consequences for the enjoyment of most internationally guaranteed human rights.

A first addendum contains a short summary of communications sent by the Special Rapporteur from the period 15 October 2007 to 11 June 2008 and government replies for the period of 22 January 2008 to 28 July 2008 for cases involving France (concerning illegal gold washing activities in French Guyana) and Niger (relating to the affects of uranium mining on nomadic groups in Northern Niger). [Text of communications and replies is in French.]

A second addendum presents the report of the Special Rapporteur on his mission to Tanzania (21-30 January 2008) to study and gather first-hand information about the impact of both small-scale and large-scale mining activities in the country. The Special Rapporteur was pleased to note that there is an adequate legal framework in Tanzania to deal with the transboundary movement of toxic and dangerous products and wastes. However, many of the laws and subsidiary instruments are recent and he is looking forward to monitoring the implementation of these laws. Another concern was the lack of regulation for both small-scale and large-scale mining activities. Among recommendations, the Special Rapporteur called on the Government to step up its sensitization efforts in educating the public as to the effects that artisanal and small-scale mining can have on their health and livelihood, and to be mindful of the specific concerns of indigenous communities and land rights when allocating land for artisanal and small-scale or large-scale mining.

Presentation of Reports on Human Rights of Indigenous Peoples and Adverse Effects of the Dumping of Toxic and Dangerous Products and Wastes

S. JAMES ANAYA, Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, said that it was with a great sense of humility and responsibility that he assumed the Council’s mandate. He was firmly committed to build upon the important work of his predecessor, Professor Rodolfo Stavenhagen. He acknowledged his predecessor’s experience and guidance during the first months of his mandate. On September 13, 2007 the General Assembly adopted the United Nations Declaration on the Rights of Indigenous People. The Declaration provided the mandate of the Special Rapporteur with a clear normative framework of reference for contributing to the promotion and protection of the rights of indigenous peoples in close cooperation with Governments, indigenous peoples themselves, and other relevant actors. In this regard, the Council’s resolution 6/12 expressly calls upon the Special Rapporteur to promote the Declaration and other international instruments relevant to the advancement of the rights of indigenous peoples.

On the basis of this mandate, Mr. Anaya said his first report to the Council was devoted to an analysis of the Declaration from the perspective of the wider constellation of international human rights instruments and norms to which it connects. The Declaration did not establish new or exclusive rights for indigenous peoples; these were applicable to all in the social, political, historical and economic processes of indigenous people. Mr. Anaya called upon States to put an end to these processes that had traditionally denied indigenous peoples’ rights.

Quite recently, from 13 to 25 August, Mr. Anaya said he undertook an official mission to Brazil as part of the mandate conferred upon him to investigate and report on human rights situations of indigenous peoples. He gratefully acknowledged the generous cooperation of the Government of Brazil in the planning and undertaking of this mission, and thanked the various indigenous organizations and leaders that contributed to the mission. He was in the process of compiling a full report on the mission and would submit the report to the Council in due time.

In May 2008, Mr. Anaya said he conducted a working visit to Ecuador in order to contribute to the discussions regarding the affirmation of indigenous peoples’ rights and other related issues in the new Constitution of the country. He expressed sincere gratitude to the Government of Ecuador, to members of the Constitutional Assembly and the various indigenous organizations of that country, and to the United Nations country team in Ecuador for their hospitality and cooperation in the visit. Following discussions with the different actors involved in the constitutional revision process, and at their urging, Mr. Anaya presented to the Government of Ecuador a number of observations on some of the more important issues concerning indigenous peoples that had arisen in the process. On 27 August the Government of Ecuador submitted responses to the observations, and stated that many of the observations had been taken into account in the final text of the Constitution which was scheduled for referendum sometime in September 2008. In particular, the Government incorporated the recognition of the plurinational character of Ecuador, affirmation of the collective rights of indigenous peoples in a number of areas, including land and territories; and provisions detailing the right to effective consultation.

The Special Rapporteur’s Observations on the Ecuadorian constitutional revision process was reproduced in Annex I of the Addendum to his report. The main body of the Addendum was a summary of the communications sent to the Government between 2 September 2007 and 9 June 2008 regarding specific situations concerning indigenous peoples, and of the Government responses received up until 3 July 2008. Most of these communications were sent by his predecessor, Professor Rodolfo Stavenhagen. The different situation reflected in the communications signalled that, despite the adoption of the Declaration and of the progressive legislation in many countries, these protections remained far from being translated into actual changes in indigenous peoples’ lives. Many communications reflected recent or ongoing violations of indigenous people’s human rights, which was of serious concern. Violations derived frequently from the lack of effective recognition of indigenous peoples’ rights over their traditional territories and natural resources; land grabbing; and the impact of extractive industries and development projects; and lack of effective consultation; which in turn often generated a vicious circle of social protest, criminalization and further oppression. Mr. Anaya reaffirmed his strong commitment to his role, and to developing working methods to contribute to solutions to the human rights problems brought to his attention and to proactive in efforts to prevent such problems from arising or escalating.

OKECHUKWU IBEANU, Special Rapporteur on the adverse effects of the illicit movement and dumping of toxic and dangerous product and wastes on the enjoyment of human rights, said that a central focus on the Millennium Development Goals, elimination of poverty and hunger, provided a useful context to explore the links between his mandate and the concerns of the Basel Convention. There was a paradox inherent in the use of chemicals in food production. While fertilizers, pesticides and herbicides had been very useful in increasing food production and improving preservation, their long-term effects on health and the environment continued to generate concerns. This explained why many people turned to organic farming.

In addition, stockpiles of obsolete pesticides in the developing world remained a grave source of concern to his mandate. Many products that reached the countries as aid to agriculture posed a great threat to life and health and their improper disposal had led to contamination of farmland and rivers. Poverty encouraged desperate measures and practices among developing countries, including the indiscriminate acceptance of hazardous products and wastes and unregulated use of hazardous chemicals, which in turn threatened agriculture and food production.

Regarding his mission to Tanzania whose mining industry brought foreign investment to the country, the Special Rapporteur said that the environment and social impacts of these activities had also to be considered. He witnessed poor villagers engaged in small-scale and artisanal mining as a means of survival. They lived in inadequate housing, were dangerously frail and washed their tailings for the extraction of gold in the same rivers and streams from which they drew water for cooking and drinking purposes. When the Special Rapporteur’s mandate was being reviewed tomorrow, he sought the Council’s strong support for the renewal and the inclusion of all movement of toxic and dangerous products and wastes into the mandate.


Statements by Concerned Countries

JUAN HOLGUIN (Ecuador), speaking as a concerned country, expressed its pride in the fact that a sizable part of the population of Ecuador was indigenous. Ecuador was putting the new Constitution to the referendum, which, if adopted by the people of Ecuador, would mark a milestone in the history of the country. The Constitution itself, however, was not the adequate guarantee of rights of indigenous people, as additional legislation was needed to protect and guarantee their rights. The right to the ancestral land, culture, language, political participation, to mention some, were among the challenges facing the indigenous people of Ecuador, which the Government together with the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people would continue to address.

Ecuador extended the invitation to all mandate holders and the Special Rapporteur to visit the country at their convenience and reiterated the intention of the country to continue working with the Special Rapporteur.

BARAKA H. LUVANDA (Tanzania), speaking as a concerned country said that Tanzania welcomed the report and the recommendations with great interest and vigour. Tanzania was well endowed with a wealth of minerals gold, copper, zinc, diamonds, and tanzanite, to mention a few. The Government would like to capitalize on these natural riches as they contributed significantly to the national economy, apart from increasing the Gross Domestic Product and foreign exchange earnings. The overall objective of the mining sector policy in the State was to alleviate poverty in the country by creating gainful and secure employment in the mineral sector and providing alternative sources of income particularly for the rural population and to ensure environmental protection and management. With regard to the challenges mentioned by the Special Rapporteur, the State was committed to working closely with all relevant stakeholders in addressing the most daunting challenges from waste management to safe mining and toxic disposal. In doing so, the Government of Tanzania had been guided by the legal framework already in place in the country as well as by a wide range of relevant policy provisions formulated to date. Further, Tanzania was committed to work closely with the World Bank and other interested partners in the implementation of the project on Sustainable Management of Mineral Resources in the country. The Government of Tanzania had also heeded to the appeal by the Special Rapporteur to consider the State’s candidacy to the Extractive Industries Transparency Initiative as it sought to strengthen governance as well as improve transparency and accountability in the mining sector for the betterment of all Tanzanians.

ALEXANDRE GUIDO LOPES PAROLA (Brazil), speaking as a concerned country, believed that Brazil had benefited from a transparent and constructive dialogue with special mechanisms such as the Special Rapporteur and his work. The Special Rapporteur had met with various stakeholders during his visit to Brazil. Brazil was confident that he would now use the same careful approach in the preparation of his report. Brazil expected the Special Rapporteur to produce a constructive assessment of what the situation of people in Brazil looked like. In the late 1970s, Brazil had witnessed the impact of grass-root-movements on indigenous peoples’ rights. While much had been done, much more would still have to be done to realize the indigenous people’s rights.

Interactive Dialogue on Human Rights of Indigenous Peoples and Adverse Effects of the Dumping of Toxic and Dangerous Products and Wastes

KABLAN PORQUET (Côte d’Ivoire), speaking on behalf of the African Group, expressed their full support to the Special Rapporteur on the adverse effects of the illicit movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights and wished him all success in his work. The African Group called for expansion and strengthening of his mandate to take into account all contexts in which the illicit movement and dumping of toxic and dangerous products and wastes violated human rights. The African Group believed additional resources were necessary to facilitate achievement of this task.

NICOLA HILL (New Zealand) said that international attention and normative guidance was limited. Clarification was requested on the scope within the mandate to address other issues, specifically on indigenous language decline. New Zealand expressed its readiness to engage with United Nations agencies in working towards the reversal of indigenous language decline.

JOSE GUEVARA (Mexico) reaffirmed Mexico’s commitment to the protection of the rights of indigenous peoples. Mexico was taking various measures to strengthen the rights of indigenous peoples. There were obstacles for indigenous people to enjoy their rights, for example in Mexico’s legal system. Mexico believed that it was very important to have a dialogue and full cooperation and asked in what way the Government could promote an intercultural dialogue.

VEBJORN HEINES (Norway) assured the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples of Norway’s continued support for his mandate and re-iterated the invitation for the Special Rapporteur to visit the country. Norway had on several occasions reiterated that the United Nations Declaration on the Rights of Indigenous Peoples, the anniversary of which would be celebrated next week, had been, first and foremost, a framework for improved partnership between governments and indigenous peoples. Norway appreciated and supported the focus on the Declaration in the present reports and found useful the broad way in which the Special Rapporteur outlined some of the challenges to different partners in this field. Norway agreed the Declaration was relevant for all development stakeholders and saw their role as a key in promoting and operationalizing the Declaration. Norway inquired about the status of the former Special Rapporteur’s recommendation to the Office of the High Commissioner for Human Rights and United Nations Development Programme to conduct studies of good practices and to prepare a manual on the human rights based approach in development activities involving indigenous peoples.

ANGELICA NAVARRO LLANOS (Bolivia) said that Bolivia was convinced that Mr. Anaya’s contribution as the mandate holder on fundamental rights of indigenous people was a very valuable one for achievement of the rights of indigenous peoples. The Government of Bolivia was committed to working to alleviate the problems facing indigenous peoples in the country. Specifically, cultural, social and political rights of indigenous people had been recently recognized in the Constitution of Bolivia. The country level office of the High Commissioner for Human Rights was actively working with indigenous communities and was engaged with the National Council for Dialogue to this effect. The dialogue made it possible to identify the main problems facing indigenous peoples in Bolivia. Forced labour, including captivity was a priority subject for the Government. Further the Government was focused on addressing the problems facing access to ancestral territories, and pollution which had affected indigenous territories. The Government of Bolivia was working intensively to consult with and compensate the indigenous peoples in accordance with the International Labour Organization Convention 169, however, this process had worsened in recent months due to the violent and racist activities of radical groups against peasants and indigenous peoples, which subsequently significantly hindered the process from moving forward.

EMMANUEL ROUSSEAU (France), speaking on behalf of the European Union, thanked the Special Rapporteur Mr. Anaya and asked about his proposed lines of action to ensure that the Declaration on the Rights of Indigenous People was implemented. The scope of the mandate of the Special Rapporteur included the promotion of dialogue between indigenous people and other stakeholders. The European Union asked how the Human Rights Council could help in carrying out this important job. Regarding the issue of toxic waste, the European Union asked for more extensive elaboration on the role of corruption in this area. The European Union asked the Special Rapporteur to elaborate on the important role played by a free media and the existence of an environment of national rules for the media.

Interactive Dialogue with the Special Representative of the Secretary-General for Children and Armed Conflict

CARLOS PORTALES (Chile) said that children caught in conflict in some parts of the world and those who were associated with armed forces constituted a grave violation of human rights. It was terrifying to learn of the violations of the victims, especially girls who were then stigmatised by their communities. Chile was also concerned about the situation of children who were displaced or who were refugees. Most violations went without charge or trial, especially in cases affecting children in refugee camps. The situation was complex inter alia because of the blurring of the area of traditional areas of conflicts and non-traditional areas of violence and abuse. Terrorism and measures to combat it had given rise to such areas. This continued to be a problem as impunity continued to exist. This situation reflected the importance of the systematic transmission of such information between international bodies. The Human Rights Council played a key role in the effort to combat these violations. Chile emphasized that the United Nations system as a whole must redress cooperation to address this problem through such agencies as UNICEF. Appropriate measures for reintegration were also necessary in this approach. This was very much a pressing issue and much remained to be done.

ERLINDA F. BASILIO (Philippines) said that the Philippines welcomed the upcoming visit of the Special Representative to the Philippines scheduled for December 2008. The Philippines had upgraded its legislation to address the rights of the child. The armed forces were barred by law for employing children. The Philippine Government was also taking all measures against non-state-actors employing children for military use. Fighting impunity, bringing justice to victims, applying international standards and raising awareness of the rights of children were the challenges lying ahead.

YOKO TSUDA (Japan) said Japan appreciated the proactive visit of the Special Representative of the Secretary-General for children and armed conflict to Japan. The visit had enabled continuous advocacy and the effective function of monitoring and reporting of serious child rights violations.
Japan welcomed tangible progress on the issue of children in armed conflict. As the recruitment of child soldiers should be considered a crime and banned internationally, Japan welcomed practical actions taken by the International Criminal Court and the Special Court for Sierra Leone in the fight to end impunity for those responsible for violations. Post-conflict reconstruction and reintegration of child soldiers in their own community - including the provision of care, education and vocational training - needed to be further enhanced and undertaken in a comprehensive manner.

Japan welcomed the growing number of countries that had ratified the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict and called on all States to encourage proactively the countries that had not yet ratified it. As a member of the Human Rights Council, Japan called attention to the importance of addressing the issue of grave violations of the rights of children within the framework of the Universal Periodic Review.

EMMANUEL ROUSSEAU (France), speaking on behalf of the European Union, said that the report of the Special Representative of the Secretary-General for children and armed conflict showed clearly that children in areas of conflict had been affected by a number of grave violations. The European Union welcomed the progress based on the programme of action for children in armed forces, for instance in Côte d’Ivoire. The European Union asked the Special Representative for further information as to how the Council could provide follow up mechanisms to the Universal Periodic Review process as recommended in her report. Further, what were the key thematic measures to be taken by the Council, specifically with regard to children affected by armed conflict?

TEHMINA JANJUA (Pakistan), speaking on behalf of the Organization of the Islamic Conference, said the Organization of the Islamic Conference believed that protecting the rights of children was a major human rights concern. Children’s rights had to be mainstreamed into all activities of the United Nations. They should also be concerned about actors in the private sector, such as the weapons trade. Furthermore, United Nations peacekeeping missions should include a focus on the rights of the child.

ELCHIN AMIRBAYOV (Azerbaijan) noted that the protection of children remained a serious problem, despite efforts at national and international levels, and called on governments to step up efforts to address this challenge. Criminal groups were exploiting the vulnerability of children. It must not be forgotten that some children joined armed groups to ensure a livelihood. Azerbaijan agreed with the Special Representative that the question of the children affected by armed conflict had to be integrated in the work of the Council. Attention had to be given to the reintegration of child soldiers and the fight against impunity. Azerbaijan suggested that the Special Representative also include in her focus the issue of refugee and displaced children who were not recruited by armed groups but lived in situations of protracted displacement. Finally, Azerbaijan wanted to know how the Special Representative saw the role of the Council in addressing the challenges posed by non-state actors.

TERRY CORMIER (Canada) said that Canada welcomed the report presented by the Special Representative of the Secretary-General for children and armed conflict. Resolution 16/12 was an example of concrete support, and a greater awareness of the plight of these children had been raised as a result. Canada shared the commitment of the Special Representative and reiterated the Government’s commitment to address this issue. Further, Canada also agreed with the Special Representative that all six categories of the listed 16 violations should be on the agenda of the Council. These horrible actions should not be allowed to overwhelm the children affected. Canada asked if the Special Representative could elaborate on how the Universal Periodic Review could improve the situation of children affected by armed conflict.

OMAR SHALABY (Egypt) said that it was regrettable that despite the virtually universal ratification of the Convention on the Rights of the Child, millions of children continued to have their human rights violated and suffered in situations of armed conflict. Egypt had repeatedly urged the different warring parties to release child combatants from armies, to give them adequate education and training, and to rehabilitate and integrate them in civil society. Egypt believed it to be immoral that children had to be victims of competition by powerful countries for the control of the diamond trade or of oil and other natural resources or simply those who established zones of geo-strategic influence, or occupied other countries.

Egypt asked the Special Rapporteur how the Council and its various mechanisms could contribute to the global efforts to address the human rights of children. Further, how could the Council act as a complementary follow-up mechanism to assess the implementation of those observations and recommendations? In addition, Egypt wanted to know what kind of measures the Special Rapporteur recommended to be adopted, in view of the fact that the majority of parties to conflicts were non-state-actors? Also, how effective were the ensuing action plans in getting these non-state actors to comply with international norms and standards?

LIESBETH GOOSSENS (Belgium) thanked the Special Representative for her annual report to the Council and confirmed Belgium’s active support for her mandate. Belgium shared the Special Representative’s conviction of the importance of the fight against impunity and invited all States parties to the Convention on the Rights of the Child to sign and ratify the Optional Protocol to the Convention on the involvement of children in armed conflict.

Belgium wanted to hear more from the Special Representative on concretising the key role of the Council in the fight against impunity and on mainstreaming the rights of children affected by armed conflicts. Belgium asked about the development of the contacts between the Special Representative and other mechanisms of the United Nations and the suggestions for the improvement of coordination on this issue.

MARINA KORONOVA (Russian Federation) said that the Russian Federation valued the activities of the Special Representative on the question of children and armed conflict. They shared the concern over the worsening situation of children in Afghanistan and Iraq. The death on August 21 2008 of 90 peaceful citizens, including 60 children, as a result of air strikes in Afghanistan was surely not the first time the safety of the civilians had been violated. The Russian Federation urged the Special Representative to be vigilant in her work on Iraq. Further, they supported the recommendation made by the Special Representative in her report on the need to have all United Nations Member States sign and ratify the Optional Protocol to the Convention on the Rights of the Child for children affected by armed conflict.

SEOK-HEE KANG (Republic of Korea) said that the changing nature of conflicts and the recruitment of children across borders demanded special attention and careful analysis of their implications. In order to respond to these cross-border activities by non-state-actors, developing a common strategy with neighboring countries seemed to be more effective rather than just relying on the measures by a country within its boundaries. An analysis of the status of the protection of children from a regional perspective would enable them to gain a better understanding of the situation on the ground. The Republic of Korea asked for the Special Representative’s opinion on taking a regional approach. It concurred with the Representative’s recommendation that this Council must mainstream the issue throughout its work, including the Universal Periodic Review. Nevertheless, actions in the security field had to be taken as well.

CHRISTINE GOY (Luxembourg) reiterated Luxembourg’s firm commitment to the protection of children affected by armed conflict and expressed its concern at the grave violation of the rights of children as mentioned in the Special Rapporteur’s report. Use of children as sex slaves and suicide bombers, forced recruitment and other issues called for a step up in efforts to ensure the implementation of the provisions of the Convention on the Rights of the Child and its Optional Protocols. The Universal Periodic Review should be a decisive mechanism to give effect to on-going undertakings. Luxembourg expressed its hope that the Council, in cooperation with the Special Rapporteur, would get all States to demonstrate responsibility and combat these crimes.

NATALIE KOHLI (Switzerland) thanked the Special Representative for her report and work on the protection of children in armed conflict. The cases of violators of children’s rights who had been tried and convicted in national courts, in the International Criminal Court and by the Sierra Leone Tribunal were encouraging. Many challenges had yet to be met. Switzerland reiterated its support for the Secretary-General’s last report (S/2005/72) and agreed that importance should be placed on the six categories of grave violations mentioned in the report. Switzerland requested further information and details pertaining to the mechanisms recommended for follow up measures to the Universal Periodic Review.

BENNY YAN PIETER SIAHAAN (Indonesia) said that the efficacy of various United Nations mechanisms had be reinforced to protect children’s rights in armed conflict. Indonesia asked the Rapporteur what strategies she could recommend to protect children affected by armed conflict. Also, it would like to know what means could be deployed at an early stage to protect children from endemic abuse.

ROBERTO VELLANO (Italy) said that the protection of the rights of all children had been Italy’s priority during its candidature to the Human Rights Council and this issue required a global strategy. Thus, the intervention of the international community needed to include a couple of interlinked questions, such as sexual and gender-based violence, control of ammunition and inclusion of child protection in peace plans. Italy wanted to hear the Special Representative’s opinion on the impact of the food crisis on the situation of children affected by armed conflict and her point of view on the priorities of the Council within the framework of her mandate.

TAMAR TAMASHVILI (Georgia) said that recent decades had witnessed the intensity and spread of armed conflicts around the world. Around 300,000 Georgians had been displaced in the 1990s and 130,000 had been displaced in the recent conflict of 2008. Georgia agreed that the responsibility to protect should be carried out by the State with respect to United Nations doctrines and international instruments which a State was party to. One of the biggest problems currently in Georgia was the displacement of children, with 30,000 displaced in South Ossetia. Many non-governmental organizations remained unable to reach these children as the areas were under the jurisdiction of the Russian Federation.

MELANIE HOPKINS (United Kingdom) noted a number of positive developments highlighted in the report by the Special Representative, such as the commitment of the Government of Côte d’Ivoire to establish an interministerial structure to address the protection of children and to develop a national plan of action to end sexual violence against children. The United Kingdom continued to be concerned that sexual and gender based violence was not abating in the Democratic Republic of the Congo and worrying trends in Burundi showed an increase in rapes perpetrated against minors. The United Kingdom asked what the envisaged process was to ensure that equal weight should be given to all categories of grave violations against children. Also, it wanted to know how the report would complement the work of the Security Council and how duplication could be avoided.

VU ANH QUANG (Viet Nam) congratulated the Special Representative on her report. During its presidency of the Security Council, Viet Nam had held a debate about the protection of children in armed conflict. There was a need for a preventative approach to children affected by armed conflict and Viet Nam believed that this issue needed to be put within all efforts aimed at conflict prevention, reconstruction, governance and sustainable development. The United Nations had to intensify and facilitate the exchange of information, awareness raising and dissemination of good practices in protection of children in armed conflict. Viet Nam proposed the need to reinforce international resources for humanitarian programmes for children affected by armed conflict and their social and economic reintegration.

OMER BERZINJI (Iraq) welcomed the report presented by the Special Representative, in which focus was paid on the critical issue of children affected by armed conflict, especially on the part of terrorist groups and children recruited to serve in such activities. Iraq was one of the victims of international terrorism and the Government faced many challenges in combating terrorism and protecting children from all forms of abuse in society. The Government was committed to protecting these rights, which had been realized in the Constitution of 2005 that protected the rights of the child. Among further measures taken by the Government of Iraq was the introduction of inspectors to monitor prison systems in the State to insure the provision of all the safeguards enshrined in international instruments and the Constitution had been applied.

LARS NORDLANDER (Sweden) said Sweden believed that children’s rights should be mainstreamed into the work of the Human Rights Council both in terms of policy discussions but also as a follow-up mechanism to concluding observations and recommendations made by the Committee on the Rights of the Child and within the framework of the Universal Periodic Review process. Sweden would like the Special Representative to elaborate on how the Council could be used as a crucial destination for action in an efficient way to promote the rights of the child and children in armed conflict. Also, it would like to know how the newly adopted Security Council resolution regarding sexual violence could contribute to the work of the UN and the Office of the Special Representative.

RAJIVA WIJESINHA (Sri Lanka) said Sri Lanka owed the commitment of the Liberation Tigers of Talim Eelam to raising their minimum age of recruitment to 18 to the Special Representative’s condemnation of the Liberation Tigers of Talim Eelam’s violation of national and international law. Previously, due to what seemed to be indulgence by the United Nations International Children's Fund, the Liberation Tigers of Talim Eelam had insisted that 17 had been possible. Sri Lanka expressed hope that working together with the Special Representative, the country would get rid of this scourge soon.

Sri Lanka noted that the Karuna faction no longer existed, even though it was mentioned in the Annex II of the report. The Government had worked with the political party that was the successor to the former Karuna faction to ensure the release of all children. Sri Lanka had provided assistance and training to these children and thanked Japan for the interest in the initiative.

The Commissioner General of Rehabilitation had been working with the United Nations Children’s Fund to check all records and trace any victims and this exercise would be concluded soon. In line with the Government’s policy of zero tolerance regarding the abhorrent practice of children being used in armed conflict, Sri Lanka was seeking to ensure the release of all children still held by the Liberation Tigers of Talim Eelam and looked forward to the assistance by the Special Representative in this regard.

ALEXANDRA SEGURA HERNANDEZ (Costa Rica) said the negative impact on children by armed conflict was not limited to the six categories drawn up by the Security Council. In armed conflicts, violent acts of gender based and sexual violence on girls remained a serious problem. In addition to the instruments already mentioned, an important instrument that needed to be applied and had not been mentioned was the Rome Statue. There was a serious need for it to be ratified by as many Member States as possible. The Government of Costa Rica also supported the recommendation made by the Special Representative to strengthen national institutions, in particular, the judicial systems in order to combat impunity.

DINESH BHATTARAI (Nepal) said that even during armed conflict, the Government of Nepal always took extra measures and care to ensure the protection of children and other vulnerable groups. The ex-combatants in Nepal were in cantonments under the monitoring and supervision of the United Nations. An action framework was envisioned to discharge and rehabilitate the combatants that were identified to be under 18. Those found ineligible on account of their age were now in the process of being discharged, rehabilitated or reintegrated with their families as provided for by the Comprehensive Peace Accord. The implementation of the action framework constituted an important priority.

RAHMA SALIH ELOBIED (Sudan) expressed Sudan’s appreciation for the report presented yesterday by the Special Representative of the Secretary-General for children and armed conflict. Sudan welcomed paragraph 17 that underlined progress made by Sudan and paragraph 23 and presented a number of initiatives Sudan had undertaken to enhance child protection. Sudan had initiated demobilisation and family reunification of child soldiers as a part of the Government’s commitment to its international obligations. Sudan rejected Annex 1 to the report, as it had included Sudan among those countries still recruiting children in armed forces, which was not the case. Sudan reiterated its commitment to international child protection mechanisms and instruments.

MUSTAFIZUR RAHMAN (Bangladesh) said that in almost all cases of children’s involvement in armed conflict, the recruitment of children was carried out by non-state actors. Despite full respect for international norms and standards, States may not be able to apply such norms to non-state actors. A need for deeper thought was needed and they must find a way to deal with non-state actors. The Special Representative had recommended that children in armed conflict be included in the mainstream work of the Council, and Bangladesh asked for further details and clarification on how that was envisioned.

OSITADINMA ANAEDU (Nigeria) said that Nigeria supported the need for a comprehensive application of international humanitarian law by parties involved in armed conflict. Sexual and gender based violence often targeting young girls should be combated with serious consequence for offenders. The vulnerability of boys should equally not be neglected or ignored. Nigeria strongly upheld the need for a legally binding instrument on the movement and sale of small arms. Nigeria would like to know how the Universal Periodic Review process could help in these matters.

WUNNA MAUNG LWIN (Myanmar) noted the good cooperation of the Myanmar Government with the international community, as noted in the Annual Report of the Special Representative of the Secretary-General and in the conclusions on children in armed conflict. Equally, the Government had made progress in enhancing the protection of children. Child protection was among the top priorities for Myanmar, together with prevention of use of under-age children in armed forces. The issue of child soldiers had been exploited by the anti-government groups with the help of some non-governmental organizations to tarnish the image of the country. Myanmar had established a high-level Committee for the Prevention of Military Recruitment of Under-Age Children in 2004 and adopted a Plan of Action which included recruitment procedures, public awareness measures, punitive action, and consultation and cooperation with the international organizations. Myanmar had also discharged over 1,000 under-aged persons from various phases of the recruitment process. Education had been recognised as an important element to address the issue of child soldiers and Myanmar was conducting lectures and workshops in the army and for the public. Myanmar rejected the accusation about the existence of 70,000 child soldiers which was incorrect and considered that the fundamental rights of children should be conducted though sincere cooperation and not politicised or exploited for other purposes.

ALEXIS DAMIAN ELIAS AM (Argentina) said that Argentina had ratified the Optional Protocol to the Convention on the Rights of the Child on children and armed conflict on 10 October, 2002. The Government of Argentina had lived up to its obligations under the Optional Protocol, and paid specific attention to the recruitment of children into the armed forces, which was prohibited up to the age of 15. In addition, Argentina had been an active participant in the drafting of legislation which protected children who had been recruited for participation in armed conflict by non-State actors.

RAGNAR G. KRISTJANSSON (Iceland) said that equal weight should be given to all categories of grave violations against children. It was also necessary to recognize that the range of violations and abuses committed against children went beyond the six categories of grave violations set out in the Security Council Resolution 16/12 and must be addressed with equal resolve. Iceland asked the Special Representative if she saw a role for the Human Rights Council to pursue including sexual and gender based violence on the list of violations that triggered listing in the annexes of the Secretary-General’s report. Iceland needed to be ensured that equal attention was paid to all children affected by armed conflict. The Human Rights Council did not have procedural arguments concerning whether the specific situation was on its agenda or not. But the Human Rights Council was mandated to address human rights violations no matter where they occurred.

CLEMENCIA FORERO UCROS (Colombia) highlighted the extreme vulnerability of boys and girls to violence and the consequent responsibility of States and civil society in protection of their rights and prevention of abuse. The Colombian Government had been involved and would continue to work on preventing recruitment of children by armed groups. It had technically and financially strengthened the Columbian Institute for Family Welfare, in charge of child protection. In 2006 Colombia had enacted a code that recognised children as full holders of rights. The Code also introduced shared responsibility of families, civil society and the State in ensuring protection of children rights.

VEBJORN HEINES (Norway) said that on the issue of children and armed conflict, there was a problem with the norms at the international level and cases of serious violations of children’s rights on the ground. The Council was a key partner and had to play its role in achieving tangible goals and aims in addressing this issue. Norway urged Member States to contribute in full effort to combat these abuses and facilitate the actions necessary to address the problems of children affected by armed conflict. Norway reiterated its support to the Special Representative and the recommendations made in her report.

KATHARINA ROSE, of the Afghan Independent Human Rights Commission, said that the Commission was in charge of many missions relating to the protection of children and that it participated actively in establishing legislation in this domain. In Afghanistan, anti-government forces recruited children and deliberately attacked schools and teachers. Forced marriage was also a huge concern in the country. Education was not satisfactory, especially girls’ education. Newly built schools had been put on fire by non-state-actors in recent years.

ISABELLE HEYER, of the Colombian Commission of Jurists, emphasized that the situation of boys and girls in Colombia was serious because of the violation of international humanitarian law by all the armed groups. There were grave abuses committed by non-state actors and the paramilitary forces. Thanks to the use of the Special Representative’s good offices, the Government of Colombia had started to use the mechanism for reporting the abuse and violation of child’s rights.

JULIA D'ALOISIO, of Defence for Children International, welcomed the report of the Special Representative which highlighted the plight of children in Palestine and elsewhere. Violations continued to be committed against Palestinian children that had not been included in resolution 16/12. Defence for Children International supported the recommendation that equal weight be given to all acts of violations against children. In addition non-16/12 violations such as detention, displacement, and torture and abuse continued to be committed against children in Palestine, and had not been given the attention they merited. Defence for Children International urged the Council to address this issue and follow up on all cases reported.

ZARTASHA NIIAZI, of the International Islamic Federation of Student Organizations, said that more and more children were being subjected to disease, social, sexual and economic exploitation, torture and other abuse. The ongoing conflict in Kashmir had left over 90,000 children orphans and they were traumatized. Girls were particularly victimized. The Council must create a mechanism to monitor the human rights situation in Indian occupied Jammu and Kashmir.

UZERA SHAH, of the International Human Rights Association of American Minorities, noted that conflict had the greatest impact on poor communities in poor countries, with children and young people among those most severely affected. Children were direct victims of abuse in the Indian occupied state of Jammu and Kashmir, subjected to torture, molestation and displacement. Children of families where members had been detained suffered and thousands of children left school to fill the place of the bread-earner. The Council and all other relevant human rights bodies had a responsibility to the children of Jammu and Kashmir. The Special Procedures must monitor the situation of children in the occupied State and recommend ways to verify the abuse by the State apparatus of India.

SHAGUFTA ASHRAF, of the World Muslim Congress, said that the World Muslim Congress welcomed the report of the Special Representative of the Secretary-General for children and armed conflict. Like other conflicts around the world, the children of Kashmir were experiencing the effects of armed conflict. Following the recent blockage of economic assistance to Jamur and Kashmir, a number of social crises had been experienced. The World Muslim Congress urged the Council to address this situation.

Concluding Remarks by the Special Representative of the Secretary-General for Children and Armed Conflict

RADHIKA COOMARASWAMY, the Special Representative of the Secretary-General for Children and Armed Conflict, answered a question raised by several delegations concerning her expectations of the Council and its mechanisms, and said that with regard to the Universal Periodic Review, she and others working in this field hoped that the issue of children and armed conflict would become a category that would be monitored and recorded on within the Universal Periodic Review. The Office of the High Commissioner for Human Rights should appoint a focal point on this subject to coordinate efforts and ensure that the Universal Periodic Review had this component. With regard to the question on the value of special resolutions, she welcomed the idea of a special resolution on children and armed conflict. The focus of the Security Council on this issue was as a peace and security issue and they would not even use the word human rights. The Security Council focused on recruitment and use of child soldiers. Issues such as internally displaced children, arbitrary detention and others were not dealt with at the Security Council; this would be a space for the Human Rights Council to step in and deal with this issue through special resolutions. Also, the link between small arms and children and armed conflict was very clear. Children’s lack of a sense of fear made them become able fighters very quickly. The international community had to control the supply of small arms. Task forces on the ground had to collect information to get a fair assessment on what was going on. Regarding the situation in Russia and Georgia, the Special Representative’s Office was monitoring the situation and the next report was going to provide information on the situation. She also continued to look at the issue of prevention and the root causes of conflict.