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December 10, 2002

U.N.: Integrate Human Rights Into Security Council Work

New York (Human Rights Watch) – As the United Nations Security Council marks Human Rights Day with a debate on the protection of civilians in armed conflict, Human Rights Watch said the Council has made some progress incorporating humanitarian issues into its work, but it still often acts as if the United Nations human rights machinery is not there.

Human Rights Watch said the United Nations has begun to recognize that conflicts cannot be addressed effectively without considering human rights aspects, but it is vital to integrate human rights specifics into its debates and actions in conflict situations. Participants in today’s open debate on protecting civilians in armed conflict will include High Commissioner for Human Rights Sergio Vieira de Mello.

“It would be hard to find a more timely way to recognize the anniversary of the Universal Declaration of Human Rights,” said Joanna Weschler, U.N. Representative for Human Rights Watch. “But the High Commissioner for Human Rights and the rest of the U.N. human rights machinery need to be household names around the Council every day of the year.”

Over the past decade or so, the Security Council has made significant advances in the consideration of the protection of civilians in armed conflict, clearly acknowledging the connection between the protection of civilians, including vulnerable groups such as women and children, and the maintenance of the international peace and security. The Council has issued several resolutions and statements, held open debates and requested three reports from the Secretary-General. It has routinely addressed humanitarian aspects of specific conflict situations it has been dealing with. But while the United Nations has made great progress in developing its operational thinking on the humanitarian side of the agenda, it still needs to better integrate human rights into its analysis and action.

Human Rights Watch urged the Security Council to:

· incorporate human rights assessments in its debates on all conflict situations;
· include human rights monitors in peace keeping operations and require human rights analysis in all Secretary-General’s reports on specific situations;
· routinely use human rights reports of UN special rapporteurs and independent experts on human rights as part of an early warning system;
· invite UN special rapporteurs and experts to brief the Council on situations on its agenda;
· undertake missions to countries with early signs of crisis;
· make accountability for war crimes, crimes against humanity and gross abuses of human rights an integral part of peacemaking, peace keeping, and peace building;
· prepare to exercise its International Criminal Court referral powers by developing a system under which complaints can be brought and assessed;
· develop a policy of zero tolerance for any crimes or abuses committed by peacekeepers and prepare to revoke impunity granted to peacekeepers by resolution 1422;
· assure full respect for human rights in the war against terrorism through the work of the Counter Terrorism Committee, and in particular, insist that counter terrorism measures adopted by states contain human rights safeguards so that they do not impact on non-violent political activity.

More Human Rights Watch analysis of this issue is available at: http://www.hrw.org/un/

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Pirates still thrive in Vietnam after trade pact

HANOI (Reuters) - Eight days after the latest James Bond thriller "Die Another Day" was released in the United States, pirated DVD versions of the movie shot with camcorders were being hawked for a little over $1 in Vietnam's capital.

Other major Hollywood films, such as "Harry Potter and the Chamber of Secrets", "Road to Perdition" and "Signs" are also up for grabs in a nine-square-metre (97-square-foot) shop next door to Vietnam's Trade Ministry office.

The room is stacked to the ceiling with cheaply packaged DVDs of 200 films.

A young salesman said he has served a wide range of customers, even diplomats.

"When it comes down to one's pocket, they are here," the salesman dryly commented.

A year after the communist-run country signed a historic bilateral trade pact with the United States that included a 22-page section on protection of intellectual property, there is much work to be done.

Under the pact, the southeast Asian country promised to be compliant on patent and trademarks within 12 months of the December agreement, and on copyright and trademarks within 18 months. The trade pact took effect on December 10, 2001.

U.S. officials have warned that continued neglect in enforcing such rules could hit foreign investment and lead to trade sanctions.

But for this one DVD shop, little has changed.

Assistant U.S. Trade Representative Jon Huntsman visited the store in May and noted the infringements, but said he believed Vietnamese officials recognised the seriousness of the issue.

Authorities have held public demonstrations to destroy pirated music and video products, but they are still cheaply and widely available.

MORE TIME

Vietnam is not the only country selling fakes.

Malaysia, China, Thailand, Cambodia, the Philippines, Indonesia and even squeaky-clean Singapore all offer imitation entertainment products.

China and Russia have been cited as the biggest offenders.

Movie executives estimate that 80 percent to 90 percent of all movies sold worldwide on DVD or videocassette are pirated. The Business Software Alliance estimates that piracy cost software makers about $11 billion last year.

Reviewing the two-way pact's first year, U.S. Ambassador to Vietnam Raymond Burghardt referred to the lax enforcement of intellectual property laws as one area of concern.

"As everyone in this room knows, it is almost impossible to find and to buy legitimate software, DVDs and CDs in Vietnam," he told reporters recently.

Hanoi says it needs more time to resolve the problem.

"This is a new issue for Vietnam so it is certain that during the transitional period, both sides need to consider and act accordingly with each situation," said Director Vu Manh Chu of the Copyright Department, Hanoi's supervisory body on the issue.

"Comprehensive education for the public to raise the awareness and the compliance to legal rules on the Intellectual Property rights is the priority of the Vietnamese government," Chu said in a written answer to Reuters' queries.

In October, the non-profit International Intellectual Property Institute based in Washington held workshops for judges and business leaders in Hanoi and southern economic hub Ho Chi Minh City on anti-piracy.

Authorities that month seized more than 3,000 copies of pirated software in Ho Chi Minh city.

U.S. legal experts on trademark issues have also suggested that Hanoi set up a special court for intellectual property protection, a model now existing in other Asian countries such as Japan, South Korea, Thailand, Taiwan and Singapore.

The piracy has already cost Vietnam lost opportunities. Software giant Microsoft maintains just two representative offices in Vietnam but has no production facilities.

Bruce Lehman, president of the International Intellectual Property Institute said during a recent visit he did not think there would be any foreign direct investment in software until Vietnam brought piracy under control.

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