- Efforts by the US/UK to keep depleted uranium off the
agenda of the UN Sub-Commission on Protection and Promotion of Human Rights
failed this August (2002) as the Sub-Commission clearly decided that depleted
uranuim weaponry qualify as weapons of mass destruction (WMD) and authorized
a prominent member, Justice Y. Sik Yuen (Mauritius) to prepare a study
on the topic.
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- The UK member of the Sub-Commisson tried to have depleted
uranium weaponry deleted from the study, which had been authorized earlier
by the Sub-Commission, arguing that DU weaponry are not WMD,but her proposed
amendments and a substitute resolution were defeated, drawing only two
votes -- hers and the vote of the member from Norway.
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- The debate as well as the outcome reinforces the claim
made by Karen Parker and supported by a clear majority of international
experts --including 23 of the 26 members of the Sub-Commission -- that
DU is already banned because it is incompatible with existing humanitarian
law and qualifies as WMD. (The American member was chair and did not vote,
but according to eyewitnesses allowed the Norwegian member to speak beyond
the limits usually allocated for such debates.)
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- The vote to study weapons of mass destruction including
DU is the latest success of UN non-governmental organizations (NGOs), who,
beginning in 1996, started a campaign for a strong condemnation of both
DU and sanctions. In 1996 attorney Karen Parker, Margarita Papendreou,
Dr. Beatrice Boctor, Philippa Winkler and Dr. Gorst Gunther (all representing
International Educational Development/ Humanitarian Law Project (IED/HLP))
made a two prong charge against both DU and sanctions at that year's session
of the U.N. Commission on Human Rights.
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- Then, at the 1996 session of the Sub-Commission, following
a speech made by attorney Karen Parker on behalf of IED/HLP and extensive
lobbying by her and Fabio Marcelli (Italy) on the effects of DU on Iraq,
a resolution was adopted by the Sub-Commission that included depleted uranium
weaponry on a list of other "bad" weapons and asked the Secretary-General
to present a report on these weapons to the 1997 session of the Sub-Commission.
The report was to reflect submissions from governments, NGOs and others.
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- The Secretary-General's report was submitted on schedule
in 1997, thanks to the efforts of Karen Parker, Damacio Lopez, Felicity
Arbuthnot, Philippa Winkler and others and was issued as U.N. Doc.E/CN.4/Sub.2/1997/27
and Add.
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- 1. That year the Sub-Commission decided to appoint one
of its members, Mme Forero Ucros (Columbia), to prepare a working paper
preparatory to a full study. Unfortunately Mme Forero never returned to
the Sub-Commission, with many saying this was because of US pressure.
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- The same year, however, the Sub-Commission moved on the
sanctions issue, and adopted a resolution on economic sanctions -- responding
again to a speech by Karen Parker. Unfortunately, that resolution's author,
Marc Bossuyt (Belgium) was ill the following year, and was unable to attend
the Sub-Commisison's session. When he returned in 1999, the Sub-Commission
authorized him to prepare a working paper on sanctions, issued as UN Doc.
E/CN.4/Sub.2/2000/33.
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- Following the departure of Mme Forero, there were changes
in the membership of the Sub-Commission, and the "team" was
uncertain whether it was necessary or useful to go forward with a study
on DU and the other listed weapons, in part because (1) the Sub-Commission
had already labeled DU as a WMD, and (2) the Secretary-General's report
contained substantial portions of both the Parker Memorandum on Weapons,
the submission of the International Indian Treaty Council and a number
of countries, all essentially implying the same thing -- DU weaponry is
incompatible with existing international humanitarian law and human rights
norms.
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- However, during these three years, the NGOs at the UN
continued to present seminars, films and keep up the pressure. In 1999,
the video documentary "From Radioactive Mines to Radioactive Weapons"
was shown at the Commission. The documentary linked the health impacts
of uranium mining on Navajo miners to the impacts of DU weapons, and described
tests done by Dr Hari Sharma showing the presence of DU in Gulf War veterans
including Ray Bristow. The number of UN NGOs presenting statements on DU
continued to grow. At the 2001 session of the Sub-Commission, one of the
most respected members of the Sub-Commission, Justice Y. Sik Yuen (Mauritius)
agreed to go forward with the study. (Karen Parker had tried toconvince
him to take on this study for several years, but he had already been assigned
another study). By Thursday of the first week of the 2001 session, the
draft resolution was tabled (submitted) with 16 co-sponsors.
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- The final debate on the draft became, as Karen Parker
says, a "dream come true." The US and UK tried to urge that DU
is a 'conventional' weapon and therefore 'legal.' So the debate really
shows that these two countries are backed into a corner, and the rest of
the world accepts that DU is and always was illegal." (Please note:
There have been many NGOs who have contributed to this effort at the Sub-Commission
and we apologize if some have not been mentioned by name.)
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- The documents from the Sub-Commission are not yet all
posted on the UN web-site, and as soon as they are available, we will let
you know.
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- In the meantime, Karen Parker will be assisting Justice
Sik Yuen on this study, and requests that people begin to collect the latest
relevant information to transmit to her at ied@igc.org if they are small
enough. Larger documents may be transmitted to her office by mail. Funds
to assist this effort may be made out to Karen Parker directly, of for
those wishing to make a tax-exempt contribution, to the Association of
Humanitarian Lawyers, and sent to The Law Offices of Karen Parker, 154-5th
Avenue, San Francisco, CA 94118, USA.
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- Below is the relevent press release from the UN website
http://www.unhchr.ch/huricane/huricane.nsf/NewsRoom?OpenFrameSet
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- UNITED NATIONS Press Release
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- SUBCOMMISSION ASKS EXPERTS TO CONDUCT STUDIES ON WEAPONS,
RIGHT OF RETURN OF REFUGEES' PROPERTY, AND NON-DISCRIMINATION
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- Subcommission on the Promotion and Protection of Human
Rights 53rd session 16 August 2001. Afternoon
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- The Subcommission on the Promotion and Protection of
Human Rights this afternoon adopted a number of resolutions and measures
which, among other things, requested its members to carry out studies on
human rights and weapons of mass destruction; the transfer and use of small
arms in the context of human rights; the return of refugees' or displaced
persons' property; and non-discrimination.
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- Concerning weapons, the Subcommission, by a show of hands
vote of 21 in favour and 2 against, approved a decision that asked Subcommission
Expert Y.K.J. Yeung Sik Yuen to prepare a paper on human rights and weapons
of mass destruction.
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- In the report, he would assess the utility, scope and
structure of a study on the real and potential dangers to the effective
enjoyment of human rights posed by the testing, production, storage, transfer,
trafficking, or use of weapons of mass destruction with indiscriminate
effect, or of a nature to cause superfluous injury or unnecessary suffering,
including the use of weaponry containing depleted uranium.
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