COMMISSION ON HUMAN RIGHTS ADOPTS MEASURES ON AFGHANISTAN, SIERRA LEONE; ECONOMIC, SOCIAL AND CULTURAL RIGHTS

Commission on Human Rights
58th session
22 April 2002
Morning



Chairman's Statement on East Timor Approved;
Draft Resolution on Iran Defeated


The Commission on Human Rights adopted resolutions this morning on human rights situations in Afghanistan and Sierra Leone and approved a Chairman's statement on the situation in East Timor.
Also approved were measures on economic, social and cultural rights, including resolutions on adequate housing, "unilateral coercive measures", drinking water and sanitation, education, food, the illicit movement and dumping of toxic and dangerous products and wastes, globalization, structural-adjustment policies and foreign debt.
In another resolution, the Commission decided to appoint for three years a Special Rapporteur on the right to health.
A draft resolution criticizing the situation of human rights in Iran was defeated by a roll-call vote of 19 in favour to 20 against, with 14 abstentions.
In a resolution on the situation of human rights in Afghanistan, the Commission among other things commended steps already taken by the country's Interim Authority to promote and protect human rights; noted with deep concern recent cases of arbitrary arrest and detention and of summary trials in some areas of the country; recent abuses and violations of the human rights of women and girls, including rape and other forms of sexual violence; and reports of human rights abuses directed against certain minority ethnic groups. It called upon the Interim Authority, its successors, and all Afghan groups to respect fully all human rights. The Commission also decided to extend the mandate of the Special Rapporteur on Afghanistan for one year.
A representative of Afghanistan spoke in favour of the resolution, saying it provided the basis for concerted effort in support of measures initiated by the Interim Government with a view to enhancing human rights in the country.
In a measure on the situation in Sierra Leone, adopted without a vote, the Commission among other things welcomed progress on a number of fronts but cited deep concern at abuses of human rights; at recent revelations and evidence of serious breaches of humanitarian law committed in certain areas of Sierra Leone until recently occupied by rebel forces, in particular atrocities against civilians, including women and children; and called upon parties that had been involved in the conflict in the country to respect human rights and to continue to work to ensure full and early reintegration of ex-combatants.
In a Chairman's statement on the situation in East Timor, the Commission among other things welcomed steps taken by the judicial system in East Timor concerning the indictment and judging of suspects accused of crimes against humanity and other serious crimes committed during violence in 1999; reiterated the need for continuing international assistance for the strengthening of the justice system in East Timor; welcomed important steps taken by the Government of Indonesia to bring to justice perpetrators of cases of gross human rights violations in East Timor in the period leading up to and immediately following the popular consultations in East Timor in August 1990; and recalled the commitment of Indonesia to bring to justice those responsible for violations of human rights and humanitarian law in East Timor.
In a text proposed by the Chairperson, the Commission decided, without a vote, to retain on its agenda sub-item (a), entitled "Question of the violation of human rights in Cyprus", of the item entitled "Question of the violation of human rights and fundamental freedoms in any part of the world" and to give it due priority at its fifty-ninth session.
In a consensus resolution on housing as a component of the right to an adequate standard of living, the Commission among other things called upon all States to give full effect to housing rights, with particular attention to women, children, and communities living in extreme poverty.
In a resolution on human rights and unilateral coercive measures, adopted by a roll-call vote of 38 in favour and 6 opposed, with 9 abstentions, the Commission among other things called upon all Member States neither to recognize such measures nor apply them; and rejected the application of such measures against any country, particularly against developing countries, because of their negative effects on human rights.
By roll-call votes, the Commission endorsed requests of its principal subsidiary body, the Subcommission on the Promotion and Protection of Human Rights, to appoint one of its members to carry out a study on the right to drinking water and sanitation; and to hold a "Social Forum" for two days prior to the Subcommission's annual session to discussion economic, social and cultural rights.
In a resolution on the right to education, adopted without a vote, the Commission among other things urged all States to give effect to the right and to guarantee that it was exercised without discrimination of any kind.
In a consensus resolution on economic, social and cultural rights, the Commission decided to renew, for a period of one year, the mandate of its Independent Expert on the question of a draft optional protocol to the International Covenant on Economic, Social and Cultural Rights; and decided to establish, at its fifty-ninth session, an open-ended Working Group of the Commission to consider options regarding elaboration of a draft optional protocol.
In a resolution on the right to food, adopted without a vote, the Commission reaffirmed that hunger constituted an outrage and a violation of human dignity, and reaffirmed the right of everyone to have access to safe and nutritious food.
In a resolution on the adverse effects of the illicit movement and dumping of toxic and dangerous products and wastes on the enjoyment of all human rights, adopted by a roll-call vote of 37 in favour and 14 opposed, with 2 abstentions, the Commission categorically condemned such activities; reaffirmed that such illicit traffic constituted a serious threat to the right to life and the enjoyment of the highest standard of physical health; and urged all Governments to take measures to prevent such trafficking.
In a resolution on globalization and its impact on the full enjoyment of human rights, adopted by a roll-call vote of 38 in favour and 15 opposed, the Commission among other things requested the High Commissioner for Human Rights to study and clarify the principle of non-discrimination and its application at the global level with a view to recommending measures for its integration and effective implementation in the debate on globalization.
In a resolution on the effects of structural adjustment policies and foreign debt on the full enjoyment of human rights, adopted by a roll-call vote of 29 in favour and 15 opposed, with 9 abstentions, the Commission stressed that structural adjustment polices had serious implications for the ability of developing countries to abide by the Declaration on the Right to Development and to formulate national development policies; expressed concern at the persistence of the external debt problem; and reiterated that the permanent solution to the foreign debt problem lay in the establishment of a just and equitable international economic order.
Other measures adopted by consensus dealt with respect for different cultural identities; extreme poverty; and access to medication in the context of pandemics such as HIV/AIDS.
The Commission will reconvene at 3 p.m. to continue to take action on draft resolutions and decisions.
Chairman's Statement
In Chairperson's Statement on the situation of human rights in East Timor, the Commission expressed its acknowledgement to the Secretary-General's Special Representative in East Timor and to UNTAET, the UN Transitional Administration in East Timor, for the work carried out in the transition to independence. It warmly welcomed the forthcoming independence of East Timor and encouraged the future East Timorese Government to continue to build on human rights achievements and in particular to sign and ratify international human rights treaties as soon as possible, including international conventions concerning refugees. It welcomed that the new Constitution would give primacy to the protection of human rights and incorporate fundamental rights in line with the Universal Declaration of Human Rights. The Commission urged the future Government of East Timor to ensure that all legislation that would be adopted from the beginning of its mandate would be consistent with international human rights standards.
The Commission welcomed the steps taken by the judicial system in East Timor concerning the indictment and judging of suspects accused of crimes against humanity and other serious crimes committed during the violence in 1999. It encouraged further efforts in that regard and reiterated the need for continuing international assistance to the strengthening of the justice system in East Timor, in order to allow it to fully promote the protection of human rights, carrying on with the investigations and addressing also domestic violence and the protection of religious and ethnic minorities. It welcomed the establishment of the Reception, Truth and Reconciliation Commission.
The Commission welcomed the important steps taken by the Government of Indonesia to bring to justice perpetrators of cases of gross human rights violations in East Timor in the period leading up to and immediately following the popular consultations in East Timor in August 1999. It recalled the commitment of Indonesia to bring to justice, in the context of respect for international standards of justice and fairness, those responsible for violations of human rights and humanitarian law in East Timor.
The Commission underlined the importance of bilateral international assistance, as well as of technical cooperation between the Government of Indonesia and the Office of the High Commissioner for Human Rights, to enhance the capacity of the human rights courts. It welcomed the agreement of UNTAET/East Timorese authorities and the Government of Indonesia to strengthen ongoing cooperation on judicial matters and reiterated the importance of such cooperation. It commended the efforts by the Government of Indonesia and the UN Office for the Coordination of Humanitarian Affairs to find an early, durable and comprehensive solution to the question of East Timorese refugees in West Timor, East Nusa Tenggara Province, in particular through the Government of Indonesia-United Nations Joint Appeal launched on 27 November 2001, which referred to the ongoing voluntary repatriation programme.

Action on Resolutions and Decisions on the Question of the Violation of Human Rights and Fundamental Freedoms anywhere in the World
In a text proposed by the Chairperson on the question of human rights in Cyprus, the Commission decided, without a vote, to retain on its agenda sub-item (a), entitled "Question of the violation of human rights in Cyprus", of the item entitled "Question of the violation of human rights and fundamental freedoms in any part of the world" and to give it due priority at its fifty-ninth session, it being understood that action required by previous resolutions of the Commission on the subject would continue to remain operative, including the request to the Secretary-General to submit a report to the Commission regarding their implementation.
In a resolution (E/CN.4/2002.L.31) on the situation of human rights in Afghanistan, adopted without a vote, the Commission strongly encouraged the early establishment of the independent human rights commission foreseen in the Bonn Agreement; invited the relevant bodies of the United Nations to assist in the full implementation of the human rights provisions of the Bonn Agreement; to develop a national strategy on human rights; to provide close coordination with the independent human rights commission foreseen in the Bonn Agreement; commended steps already taken by the Interim Authority to promote and protect human rights; noted with deep concern recent cases of arbitrary arrest and detention and of summary trials in some areas of the country; recent abuses and violations of the human rights of women and girls, including rape and other forms of sexual violence; reports of human rights abuses directed against certain minority ethnic groups; called upon the Interim Authority, its successors, and all Afghan groups to respect fully all human rights; to take all necessary measures for the demobilization and social reintegration of war-affected children; to facilitate the provision of efficient and effective remedies to victims of grave violations of human rights and to bring the perpetrators to justice; to treat all suspects and convicted and detained persons in accordance with international law; and called upon the Interim Authority, its successors, and all Afghan groups to facilitate the voluntary and orderly return and reintegration of Afghan refugees and internally displaced persons.
The Commission also called upon the Interim Authority and its successors to give high priority to the ratification of the Convention on the Elimination of All Forms of Discrimination against Women and to respect fully the human rights of women and girls; to ensure respect for the equal rights of women to work, education, physical security, and movement; noted with appreciation that the security situation in Kabul had greatly improved; strongly condemned past widespread violations of human rights by the Taliban and others; warmly welcomed the intention of the Interim Authority to establish a "Truth Commission" to investigate such violations; recognized the huge burden shouldered by neighbouring countries, especially Iran and Pakistan, in easing the plight of Afghan refugees; underlined the importance of the fulfilment of obligations under international law with regard to refugees and asylum-seekers; expressed concern at the still-large number of internally displaced persons in Afghanistan and their situation; urged all States to respect the sovereignty, independence, territorial integrity and national unity of Afghanistan, and to refrain from interfering in its internal affairs and to end any support for armed groups in Afghanistan; urged the Interim Authority and its successors to cooperate to defend the cultural heritage of Afghanistan; requested the Secretary-General to ensure a human rights capacity in the context of United Nations activities in Afghanistan; and decided to extend the mandate of the Special Rapporteur on Afghanistan for one year.
SHAMSSUZAKIR KAZEMI (Afghanistan) said that he wished to express gratitude to the co-sponsors of draft resolution L.31. The resolution came at a time when the Afghan people had emerged from more than two decades of strife and committed themselves to taking bold steps towards the reconstruction of the country and the restoration of human rights with dignity. The draft resolution dealt with a wide range of interdependent issues that had direct bearing on human rights in Afghanistan. It provided the basis for concerted effort in support of measures initiated by the Interim Government with a view to enhancing human rights in the country within the bounds of law and justice. The resolution equally addressed itself to the relevant UN agencies and the rest of the international community calling upon them to continue and intensify their efforts to improve the human rights situation of the Afghan people.
MUNIR AKRAM (Pakistan) said his country welcomed the proposed adoption of the Chairman's text on Afghanistan. It was particularly important since it marked a new phase in Afghanistan -- a window of opportunity for reconstruction and human rights. The bonds between the people of Afghanistan and Pakistan were unbreakable and Pakistan fully supported the head of the Interim Authority, Hamid Karzai, and his attempts to achieve peace and stability in the region. The international community must fulfil the promises made in Japan or the region would not find peace and stability. Pakistan itself had pledged $ 100 million for the reconstruction of Afghanistan. Pakistan supported the efforts to establish durable peace in the region, which included a properly trained police force.
A draft resolution on the situation of human rights in Iran (E/CN.4/2002.L.33) was rejected by a roll-call vote of 19 in favour to 20 against, with 14 abstaining.
The draft, if adopted, would, among other things, have noted with concern continuing human rights violations in Iran; failure to comply with international standards in the administration of justice; the occurrence of cases of disappearances; systematic discrimination against women and girls in law and practice; that the circumstances surrounding the killings of intellectuals and political activities in 1998 and 1999 had still not been fully clarified; expressed concern at a deterioration of the situation with regard to freedom of opinion and expression; continued executions in apparent absence of respect for internationally recognized safeguards, in particular public and especially cruel executions, such as by stoning; the use of torture; called upon Iran to abide by freely undertaken international human rights obligations; and would have extended for one year the mandate of the Special Representative of the situation of human rights in Iran.
The result of the vote was as follows:
In favour: Argentina, Austria, Belgium, Canada, Costa Rica, Croatia, Czech Republic, Ecuador, France, Germany, Italy, Japan, Mexico, Peru, Poland, Portugal, Spain, Sweden, United Kingdom of Great Britain and Northern Ireland.
Against: Algeria, Armenia, Bahrain, China, Cuba, Democratic Republic of the Congo, India, Indonesia, Libyan Arab Jamahiriya, Malaysia, Nigeria, Pakistan, Russian Federation, Saudi Arabia, Senegal, Sudan, Syrian Arab Republic, Togo, Venezuela and Viet Nam.
Abstentions: Brazil, Burundi, Cameroon, Chile, Guatemala, Kenya, Republic of Korea, Sierra Leone, South Africa, Swaziland, Thailand, Uganda, Uruguay and Zambia.
MUNIR AKRAM (Pakistan) said the Organization of the Islamic Conference (OIC) had consistently opposed the practice followed by a group of countries of submitting resolutions in the Commission which were selectively critical of some developing Islamic countries. The repetitive resolution on Iraq followed a hackneyed pattern and steadily ignored the existing realities in the Iranian society. It was inconsistent and even contradictory, as on the one hand it acknowledged the positive human rights developments in the country, and on the other hand sought its condemnation. The OIC therefore urged all members of the Commission to oppose this draft resolution.
MOHAMED-SALAH DEMBRI (Algeria) said his country was surprised at the draft resolution on Iran as it would appear to all that Iran was making progress internally. The draft resolution had recognized this progress and yet no consequences had been drawn from it. The continuous draft resolutions on Iran took no account of the changes that had taken place in Iran. At the time of the Shah, there was no resolution on Iran. As soon as the Government changed, resolutions came flooding in. One needed to work towards convergence in the Commission and to refuse politicized and selective draft resolutions. There was a lack of measure and balance in the draft which meant that Algeria would oppose what was a fundamentally political draft.
SHA ZUKANG (China) said the Government of Iran had been working to strengthen democratic institutions and promote economic, social and cultural rights as well as the rights of women and national minorities. Iran also promoted dialogue among civilizations and made important contributions at the international level to the cause of human rights. Draft resolution L.30 was an example of exerting political pressures on a country with a different cultural and political system under the pretext of human rights. This resolution had been with the Commission for 20 years and totally disregarded progress made by Iran in the field of human rights. Consequently, China would vote against L.31
NAJAT AL-HAJJAJI (the Libyan Arab Jamahiriya) said it seemed that the Cold War was still casting its shadow on the Commission. Nineteen years after the establishment of the Iranian Government, this was clear. This draft resolution was unbalanced and contradictory and made the Commission the arena of selectivity. Libya would have wanted a Chairman's declaration to encourage Iran to continue its progress, not a repetitive and contradictory draft resolution. Iran needed to be encouraged in its progress and reform, not to be targeted with negativity. Libya would vote against this draft resolution
JUAN ANTONIO FERNANDEZ PALACIOS (Cuba) said that his country would vote against L.31 so as to put an end to the double standards and politicization of the Commission. The drafts resolutions submitted to the Commission constantly targeted countries of the South.
OMER M. A. SIDDIG (Sudan) said his country would vote against the draft since it was an extension of the process of selectivity. There had been great improvements in human rights in Iran which were not recognized by the draft. Furthermore the references to Islam were not productive.
TOUFIK SALLOUM (Syria) said his country would vote against L.31 because Syria could not accept, nor understand, the fact that some Member States had been submitting selective resolutions that constituted an attack on Third World countries despite the efforts of these countries to improve human rights and because the co-sponsors ignored violations by other countries.
PAYMANE HASTEI (Iran) said human rights considerations had become tainted and the United Nations system had sustained a loss of credibility and integrity. In recent years, the resolution on Iran had failed to draw sympathy and support of a respectable majority of the Member States. The immediate cause for this failure centred primarily around the sponsors' refusal to recognize the positive developments in Iran on the one hand, and their unwillingness for cooperation on the other.
The great part of the draft resolution contained baseless accusations and illusions. By submitting this draft to the Commission, the sponsors' self-claimed advocacy of human rights in Iran had become pure myth. Iran, however, believed that a practical solution to overcome this unfortunate situation was not beyond reach. It mainly depended on the will of the concerned actors to yield to cooperation, not confrontation. Reality could not and must not be ignored. Iran was a dynamic society which was moving towards a full-fledged democracy. The ongoing popular reform process in Iran was a home-grown, self-sustaining and irreversible process. It was bound to lead to further institutionalization of rule of law and democracy as well as promotion and protection of human rights. The conclusion was clear and simple. Any initiative at the international level to promote and protect human rights must be innovative, constructive and encouraging, based on cooperation. The current process and attitude vis-a-vis the situation of human rights in Iran fully contradicted these criteria and as such was well advised not to continue.
In a resolution (E/CN.4/2002.L.34) on the situation of human rights in Sierra Leone, adopted without a vote, the Commission welcomed the steps taken by the Government to extend its authority throughout the country, but noted that it continued to face serious resource constraints in restoring civil administration and public services; the completion of the disarmament and demobilization process and the lifting of the national state of emergency; the special community programme conducted by the Sierra Leone Police for the voluntary collection of illegal arms held by the civilian population; the release of over 3,000 child soldiers, abductees, and separated children by the Revolutionary United Front and pro-Government civil defence militias as one of the most positive developments of the year, while calling for the release of any persons held against their will; the steps taken to build the human rights infrastructure in the country, including continued efforts to establish an effectively functioning Truth and Reconciliation Commission and Special Court; the signature of the agreement for the creation of an independent Special Court to bring to justice those who bore the greatest responsibility for crimes against humanity, war crimes, and other serious violations of international humanitarian law; and the voluntary contributions and pledges made to the United Nations Trust Fund for the Special Court; and it welcomed the recent efforts by the heads of States and other high-level officials of the Mano River Union to ease tensions in the subregion, and urged them to disarm and demobilize all non-State armed groups operating in the region.
The Commission also welcomed the human rights training provided to national human rights monitors, police officers and military personnel of the United Nations Mission in Sierra Leone; and the report of the assessment mission jointly initiated by the Office of the High Commissioner for Refugees and Save the Children UK into alleged sexual violence and exploitation of refugee children in the countries of the Mano River subregion. The Commission noted with grave concern the allegations contained therein and welcomed the commitment of the Secretary-General to zero tolerance and his intention to have the allegations expeditiously investigated and demanded that appropriate remedial measures be taken, including disciplinary measures; the visit by the Special Rapporteur on violence against women to Sierra Leone; expressed deep concern at abuses of human rights committed in Sierra Leone; at recent revelations and evidence of serious breaches of humanitarian law committed in certain areas of Sierra Leone until recently occupied by rebel forces, in particular atrocities against civilians, including women and children, including summary and arbitrary executions, mutilations and torture, and stressed the need to preserve the evidence until forensic analysis was undertaken; at the targeting and abuse of women and girls that had been committed in Sierra Leone; at reports of abducted children working in the diamond mines: at the continuing slow pace of the reintegration phase of the disarmament programme because of shortfalls in funding; at the continuing reports of trafficking and illegal supply of small arms; at the dire humanitarian situation of the population; called upon parties that had been involved in the conflict to respect human rights, including those of women and children; to continue to work to ensure full and early reintegration of ex-combatants; to cooperate with the Special Court and the Truth and Reconciliation Commission, once established; urged all relevant parties to ensure full respect for human rights in camps for refugees and internally displaced persons; urged the Government of Sierra Leone to sign a memorandum of understanding with the Office of the High Commissioner for Human Rights with regard to the Truth and Reconciliation Commission; to facilitate the Commission's functioning; to give priority attention to the special needs of mutilated victims and of women and children; to continue work to restore civilian authority and public and social services; reiterated its call upon the Government to investigate reports of human rights violations and to end impunity; and encouraged the international community to make available the necessary funds to ensure the establishment and functioning of the Truth and Reconciliation Commission.

Explanations of Vote after the Vote on Resolutions on the Question of the Violation of Human Rights and Fundamental Freedoms in any Part of the World
JOAQUIN PEREZ-VILLANUEVA Y TOVAR (Spain), speaking on behalf of the European Union (EU) and explaining votes cast under agenda item 9, said resolution L.15 had contained elements that were within the competence of other UN bodies such as the Security Council. The EU reiterated its concern at the imprisonment of Lebanese detainees in Israel and called on the Government of Israel to enable the Red Cross to visit Lebanese detained in Israel without charge. With regard to L.20 regarding the human rights situation in Equatorial Guinea, the EU was disappointed at the lack of dialogue and negotiation on the draft resolution. The EU was concerned over cruel and degrading treatment in Equatorial Guinea, and over prison conditions, the functioning of the judiciary, legal grounds for imprisonment, the right to a fair trial, discrimination against women and freedom of expression, among other things.
HILDEBRANDO TADEO VALADARES (Brazil) said his country had abstained on L.33 on the situation of human rights in Iran and acknowledged the positive developments in Iran. Brazil expected that this process would continue to evolve towards full respect for human rights and the vote reflected this positive encouragement. However, concern was felt over the lack of respect for certain human rights, such as the freedom of expression and the human rights of women. The Brazilian delegation shared the concern of the Special Representative of the Commission and hoped that progress in Iran would continue.
JUAN ENRIQUE VEGA (Chile) said that his country's abstention on L.29 should not be interpreted as a lack of concern on the part of Chile about the human rights situation in Chechnya. Chile recognized the efforts by Russia to establish a climate conducive to the promotion of human rights. However, Chile was of the view that the struggle against terrorism should take place within international law. With regard to L.30, Chile believed that steps needed to be taken to safeguard the rights of the population. On the other hand, Chile condemned the economic blockade on Cuba. The blockade had no legal basis and it had led to a deterioration in the living conditions of the Cuban population. Chile had abstained on L.31. It had studied carefully the report of Special Representative regarding human right situation in Iran. While it was concerned at some human rights violations in Iran, it recognized the efforts of the Government of Iran to undertake reforms. Chile appreciated the efforts of the Government to change the present situation in the country, which was very complex.
ABDULWAHAB ABDULSALAM ATTAR (Saudi Arabia), in an explanation of vote, said Saudi Arabia had voted in favour of the draft resolution on the human rights situation in Iraq. Among the operative parts, paragraph 4 J had spoken about the lack of effort made by the Government of Iraq concerning missing people. This was a purely humanitarian issue and the Government of Saudi Arabia hoped that Iraq would comply with the resolution and make further efforts concerning the missing people. This situation as it stood had had devastating effects on the families of the missing.
VICTOR RODRIGUEZ CEDENO (Venezuela), referring to Venezuela's vote on the resolution on human rights in Cuba, said Cuba was a strong supporter of Venezuela, particularly during the recent events in which President Hugo Chavez had been ousted temporarily. The work of the Commission should be based on cooperation and coordination. The resolution on Cuba had not contained positive aspects and had not cited the progress made in the country.
MARIE GERVAIS-VIDRICAIRE (Canada) said her country had abstained on resolution L.15 because it was unbalanced and did not move the region towards peace. Further, the resolution did not address the question of missing Israeli soldiers and had had numerous references to landmines. While Canada was concerned at the existence of landmines, the resolution was not the place to address the question.
FAYSAL KHABBAZ-HAMOUI (Syria), in explaining a vote, said Syria had voted against the draft resolution on the situation of human rights in Iraq. Nonetheless, Syria called on Iraqi authorities to find a solution to the situation of Kuwaiti detainees.
VIRASAKDI FUTRAKUL (Thailand), explaining a vote on L.33, on the human rights situation in Iran, said his country was encouraged by what was going on in the Islamic Republic of Iran. Thailand did not believe that the draft resolution would have forced the trend to change in the country. The Commission should perform its work through consultation, cooperation and coordination. Thailand had abstained in its vote on L.33.

Action on Decisions and Resolutions on Economic, Social and Cultural Rights
In a resolution (E/CN.4/2002.L.18) on adequate housing as a component of the right to an adequate standard of living, adopted without vote, the Commission encouraged the Special Rapporteur on the subject to strengthen the integration of the rights relevant to his mandate into the Global Campaign for Secure Tenure launched by the United Nations Human Settlement Programme and into other operation activities of the United Nations system, and to develop a dialogue with Governments; encouraged the Special Rapporteur to cooperate in accordance with his mandate with other relevant United Nations mechanisms; requested him to give particular emphasis to practical solutions to achieving housing rights to facilitate the provision of technical assistance to Governments; to review the interrelatedness of adequate housing as a component of the right to an adequate standard of living with other human rights; requested the Office of the High Commissioner for Human Rights and the United Nations Settlements Programme to strengthen their cooperation and to continue to develop a joint housing programme; called upon all States to give full effect to housing rights, with particular attention to women, children, and communities living in extreme poverty; called on them to counter social exclusions and marginalization of people who suffered from discrimination on multiple grounds, in particular to ensuring non-discriminatory access to adequate housing for indigenous people and persons belonging to minorities; and called on States to promote participation in decision-making processes when developing an adequate standard of living and housing.
In a resolution (E/CN.4/2002.L.35) on human rights and unilateral coercive measures, adopted by a roll-call vote of 38 in favour and 6 opposed, with 9 abstentions, the Commission urged all States to refrain from adopting or implementing such measures; called upon all Member States neither to recognize such measures nor apply them, and to consider adopting measures to counteract the extraterritorial application or effects of such measures; rejected the application of such measures against any country, particularly against developing countries, because of their negative effects on human rights; reiterated its call upon Member States that had initiated such measures to revoke them at the earliest possible time; reaffirmed the right of all peoples to self-determination; recalled that no State could use or encourage the use of economic, political or any other type of measures to coerce another State in order to obtain from it the subordination of the exercise of its sovereign rights and to secure from it advantages of any kind; reaffirmed that essential goods such as food and medicines should not be used as tools for political coercion and that under no circumstances should people be deprived of their own means of subsistence and development; underlined that unilateral coercive measures were one of the major obstacles to realization of the right to development; and requested the Working Group on the right to development to give due consideration to the impact of unilateral coercive measures.
The vote was as follows:
In favour: Algeria, Argentina, Armenia, Bahrain, Brazil, Burundi, Cameroon, Chile, China, Costa Rica, Cuba, Democratic Republic of the Congo, Ecuador, Guatemala, India, Indonesia, Kenya, Libyan Arab Jamahiriya, Malaysia, Mexico, Nigeria, Pakistan, Peru, Russian Federation, Saudi Arabia, Senegal, Sierra Leone, South Africa, Sudan, Swaziland, Syrian Arab Republic, Thailand, Togo, Uganda, Uruguay, Venezuela, Viet Nam, Zambia.
Against: Canada, Croatia, Germany, Japan, Sweden, United Kingdom of Great Britain and Northern Ireland,
Abstentions: Austria, Belgium, Czech Republic, France, Italy, Poland, Portugal, Republic of Korea, Spain,
In a decision (Subcommission draft decision 1) on the promotion of the realization of the right to drinking water and sanitation, adopted by a roll-call vote of 37 in favour and 1 opposed, with 15 abstentions, the Commission decided to approve the proposal of the Subcommission on the Promotion and Protection of Human Rights to appoint El-Hadji Guisse Special Rapporteur to conduct a detailed study on the subject.
The vote was as follows:
In favour: Algeria, Argentina, Bahrain, Brazil, Burundi, Cameroon, Chile, China, Costa Rica, Cuba, Democratic Republic of the Congo, Ecuador, Guatemala, India, Indonesia, Kenya, Libyan Arab Jamahiriya, Malaysia, Mexico, Nigeria, Pakistan, Peru, Russian Federation, Saudi Arabia, Senegal, Sierra Leone, South Africa, Sudan, Swaziland, Syrian Arab Republic, Thailand, Togo, Uganda, Uruguay, Venezuela, Viet Nam and Zambia.
Against: Canada.
Abstentions: Armenia, Austria, Belgium, Croatia, Czech Republic, France, Germany, Italy, Japan, Poland, Portugal, Republic of Korea, Spain, Sweden and United Kingdom of Great Britain and Northern Ireland.
MARIE GERVAIS-VIDRICAIRE (Canada) said her country recognized the importance to drinking water and sanitation. However, Canada had a number of concerns with this resolution. It did not believe that the appointment of a Special Rapporteur on this subject was appropriate at this time. In addition, the proposed mandate was unclear and overly broad -- potentially duplicating work done by other Special Rapporteurs. Canada had also grave concerns that the introduction of an international dimension into the proposed scope of the Special Rapporteur's mandate was overly broad and might lead to the suggestion that States did not have the sovereign right to manage their own resources. Finally, while recognizing the obligation of States towards their own citizens to provide access to clean drinking water supply and sanitation, Canada did not accept that there was a right to drinking water and sanitation.
RODOLFO REYES RODRÍGUEZ (Cuba) said as there had been a request for a vote, the Cuban delegation wished to thank the United Kingdom for withdrawing its amendment which questioned the very nature of the draft. If it had been maintained Cuba would have voted against the draft. The right to water and sanitation had been widely recognized and raised by a significant number of developing countries. The question had been raised and ways of guaranteeing this needed to be addressed. Cuba considered it absolutely vital to adopt this draft, particularly due to the importance attached to this issue in developing countries.
In a measure (Subcommission draft decision 5) on a Social Forum, adopted by a roll-call vote of 35 in favour and 3 opposed, with 15 abstentions, the Commission decided to approve the proposal of the Subcommission on the Promotion and Protection of Human Rights to hold a two-day pre-sessional Social Forum on economic, social and cultural rights prior to the Subcommission's fifty-fourth session, with the participation of 10 members of the Subcommission.
A proposed draft decision to authorize the Subcommission to hold the forum during its fifty-fourth session was rejected by a roll-call vote of 21 in favour to 31 against, with 1 abstention.
The result of the vote was as follows:
In favour: Algeria, Argentina, Bahrain, Brazil, Burundi, Cameroon, Chile, China, Cuba, Democratic Republic of the Congo, Ecuador, India, Indonesia, Kenya, Libyan Arab Jamahiriya, Malaysia, Mexico, Nigeria, Pakistan, Peru, Russian Federation, Saudi Arabia, Senegal, Sierra Leone, South Africa, Sudan, Swaziland, Syrian Arab Republic, Thailand, Togo, Uganda Uruguay, Venezuela, Viet Nam and Zambia.
Against: Canada, Japan and United Kingdom of Great Britain and Northern Ireland.
Abstentions: Armenia, Austria, Belgium, Costa Rica, Croatia, Czech Republic, France, Germany, Guatemala, Italy, Poland, Portugal, Republic of Korea, Spain and Sweden,.
RODOLFO REYES RODRIGUEZ (Cuba) said that the amendment was aimed at killing the possibility of a discussion on economic, social and cultural rights which was of prime importance for developing countries. Cuba would call for a roll-call vote on the amendment introduced by the United Kingdom.
AUDREY GLOVER (the United Kingdom) said in the light of the previous statement, the delegation of the United Kingdom would vote against the Subcommission draft decision 5 on the Social Forum.
In a resolution (E/CN.4/2002.L.39) on the right to education, adopted without vote, the Commission urged all States to give effect to the right and to guarantee that it was exercised without discrimination of any kind; to take all appropriate measures to eliminate obstacles limiting effective access to education, notably by girls, including pregnant girls, children living in rural areas, children belonging to minority groups, indigenous children, migrant children, refugee children, internally displaced children, children affected by armed conflict, children with disabilities, children with HIV/AIDS, and children deprived of their liberty; to improve all aspects of the quality of education; to promote renewal and expansion of basic formal education of good quality, including early childhood care and education and primary education; to mainstream human rights education in educational activities; to ensure that primary education was compulsory, accessible, and available free to all; to adopt effective measures to encourage regular attendance and reduce drop-out rates; to eliminate corporal punishment in schools; and to submit information on best practices to the Special Rapporteur on the right to education.
In a resolution (E/CN.4/2002.L.40) on the question of the realization in all countries of the economic, social and cultural rights contained in the Universal Declaration of Human Rights and in the International Covenant on Economic, Social and Cultural Rights, and study of special problems which the developing countries face in their efforts to achieve these human rights, adopted without a vote, the Commission reaffirmed that the ideal of free human beings enjoying freedom from fear and want could be achieved only if conditions were created whereby everyone could enjoy economic, social and cultural rights; the inextricable link between full respect for rights contained in the International Covenant and the process of development; that all persons in all countries were entitled to the realization of such rights; that promoting and protecting one category of rights should never exempt or excuse States from promoting and protecting other rights; the importance of international cooperation in assisting Governments to fulfil their obligation to protect and promote all human rights; that the realization of all human rights was a dynamic process and a great deal remained to be accomplished; called upon all States to give full effect to economic, social and cultural rights; to consider signing and ratifying the 1999 Convention on the prohibition and immediate action for the elimination of the worst forms of child labour, the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women and the Optional Protocols to the Convention on the Rights of the Child; to guarantee that economic, social and cultural rights would be exercised without discrimination of any kind; to give particular attention to the individuals, most often women and children, especially girls, and communities living in extreme poverty; to consider drawing up national action plans with specific benchmarks related to economic, social and cultural rights; to help alleviate the unsustainable debt burden of countries that met the criteria of the Heavily Indebted Poor Countries Initiative; called upon States parties to the International Covenant on Economic, Social and Cultural Rights to withdraw incompatible reservations; decided to renew, for a period of one year, the mandate of the Independent Expert on the question of a draft optional protocol to the International Covenant on Economic, Social and Cultural Rights; and decided to establish, at its fifty-ninth session, an open-ended Working Group of the Commission to consider options regarding elaboration of a draft optional protocol.
In a resolution (E/CN.4/2002.L.41) on the right to food, adopted without a vote, the Commission reaffirmed that hunger constituted an outrage and a violation of human dignity; reaffirmed the right of everyone to have access to safe and nutritious food; considered it intolerable that there were around 815 million undernourished people in the world and that every year 36 million died, directly or indirectly, as a result of hunger and nutritional deficiencies, particularly in developing countries, in a world that already produced enough food to feed the global population; stressed the need to mobilize and optimize the allocation and use of resources from all sources, including external debt relief for developing countries, to reinforce national actions to implement sustainable food security policies; invited all relevant institutions to give priority to and provide necessary funding to realize the aim to half by the year 2015 the proportion of people who suffer from hunger; and encouraged all States to take steps to achieve progressively the full realization of the right to food.
In a resolution (E/CN.4/2002.L.42) on the promotion of the enjoyment of the cultural rights of everyone and respect for different cultural identities, adopted without a vote, the Commission reaffirmed that cultural rights were an integral part of human rights; reiterated that everyone had the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he/she was the author; affirmed that each culture had dignity and value which must be respected and preserved; recognized that States had primary responsibility for promoting and protecting cultural rights; recognized that respect for cultural distinct was a vital element in promoting cultural diversity in the context of globalization; underlined that cultural cooperation was a right and duty of all peoples and nations; stressed that in the face of current imbalances in flows and exchanges of cultural goods and services at the global level, it was necessary to reinforce international cooperation and solidarity aimed at enabling all countries, especially developing countries and countries in transition, to establish cultural industries that were viable and competitive at national and international levels; and underlined that market forces alone could not guarantee the preservation and promotion of cultural diversity.
In a resolution (E/CN.4/2002.L.43) on the adverse effects of the illicit movement and dumping of toxic and dangerous products and wastes on the enjoyment of all human rights, adopted by a roll-call vote of 37 in favour and 14 opposed, with 2 abstentions, the Commission categorically condemned such activities; reaffirmed that such illicit traffic constituted a serious threat to the right to life and the enjoyment of the highest standard of physical health; urged all Governments to take measures to prevent such trafficking; requested the Government of developed countries to provide financial assistance to African countries for implementation of the programme of action adopted at the First Continental Congress for Africa on the Environmentally Sound Management of Unwanted Stocks of Hazardous Wastes and their Prevention; welcomed the relevant ongoing work of the Basel Convention, the International Criminal Police Organization, and the World Customs Organization; urged the international community and relevant United Nations bodies to continue to give appropriate support to developing countries to control such trafficking and dumping of toxic and dangerous products; and urged all Governments to ban the export of toxic and dangerous products that were banned or severely restricted in their own countries.
The vote was as follows:
In favour: Algeria, Argentina, Bahrain, Brazil, Burundi, Cameroon, Chile, China, Costa Rica, Cuba, Democratic Republic of the Congo, Ecuador, Guatemala, India, Indonesia, Kenya, Libyan Arab Jamahiriya, Malaysia, Mexico, Nigeria, Pakistan, Peru, Republic of Korea, Saudi Arabia, Senegal, Sierra Leone, South Africa, Sudan, Swaziland, Syrian Arab Republic, Thailand, Togo, UgandaUruguay, Venezuela, Viet Nam and Zambia.
Against: Austria, Belgium, Canada, Croatia, Czech Republic, France, Germany, Italy, Japan, Poland, Portugal, Spain, Sweden and United Kingdom of Great Britain and Northern Ireland.
Abstentions: Armenia and Russian Federation.
MASARU (Japan) said his country recognized that the effects of the illicit movement and dumping of toxic waste and dangerous products were a serious issue. Japan expressed its deep sympathy with countries, especially African countries, that were adversely affected by dumping of waste. However, Japan was doubtful that the Commission was the appropriate forum for addressing this issue, which should be taken up by other relevant bodies which had the necessary expertise.
JOAQUIN PEREZ-VILLANUEVA Y TOVAR (Spain), speaking on behalf of the European Union, said as the European Union had set out during informal consultations, the European Union fully agreed that the issues raised in the draft resolution were important. However, there were two major difficulties with this draft. The main focus of the draft was the environment, not human rights. International action on safeguarding the environment must be taken through existing international regulatory frameworks. Putting such action in a human rights context was not a realistic approach. Other parts of the United Nations already dealt with environmental issues, and in the view of the European Union, they were better placed to tackle them than the Commission. Second, the draft resolution did not reflect the understanding of some important concepts of international human rights law. The resolution implied that multinational corporations, as non-State actors, had a similar status under international law as that of States. This was not the view of the European Union. The resolution also suggested that there was a human right to a sound environment. This concept had not been found in international human rights instruments and there was no clear definition of what such a right would entail. For these reasons the European Union would vote against this draft resolution.
MARIE GERVAIS-VIDRICAIRE (Canada) said the issue of the dumping of toxic and dangerous products and wastes could be better addressed by other fora. Canada also remained concerned at the broad mandate of the Rapporteur. Consequently, Canada would vote against draft resolution L.43.
In a resolution (E/CN.4/2002/L.44) on globalization and its impact on the full enjoyment of human rights, adopted by a roll-call vote of 38 in favour and 15 opposed, with no abstentions, the Commission recognized that, while globalization, by its impact on the role of the State, might affect human rights, the promotion and protection of all human rights was first and foremost the responsibility of the State; reaffirmed that States had a collective responsibility to uphold the principles of human dignity, equality, and equity at the global level; reaffirmed the commitment to create an environment at the national and international levels that was conducive to development and to the elimination of poverty; underlined that in the absence of a framework based on the fundamental principles which underpinned human rights, such as equality, participation, accountability, non-discrimination, respect for diversity and international cooperation and solidarity, globalization would continue on its inherently asymmetrical course; requested the High Commissioner for Human Rights to study and clarify the principle of non-discrimination and its application at the global level with a view to recommending measures for its integration and effective implementation in the debate on globalization and to submit a comprehensive analytical study on that subject to the Commission at its fifty-ninth session; and requested the Special Rapporteurs of the Subcommission on the Promotion and the Protection of Human Rights to take into account the present resolution in finalizing their study on globalization.
The vote was as follows:
In favour: Algeria, Argentina, Armenia, Bahrain, Brazil, Burundi, Cameroon, Chile, China, Costa Rica, Cuba, Democratic Republic of the Congo, Ecuador Guatemala, India, Indonesia, Kenya, Libyan Arab Jamahiriya, Malaysia, Mexico, Nigeria, Pakistan, Peru, Russian Federation, Saudi Arabia, Senegal, Sierra Leone, South Africa, Sudan, Swaziland, Syrian Arab Republic, Thailand, Togo, Uganda, Uruguay, Venezuela, Viet Nam and Zambia.
Against: Austria, Belgium, Canada, Croatia, Czech Republic, France, Germany, Italy, Japan, Poland, Portugal, Republic of Korea, Spain, Sweden and United Kingdom of Great Britain and Northern Ireland,
Abstentions: None
In a resolution (E/CN.4/2002.L.45) on the effects of structural adjustment policies and foreign debt on the full enjoyment of all human rights, particularly economic, social and cultural rights, adopted by a roll-call vote of 29 in favour and 15 opposed, with 9 abstentions, the Commission stressed that structural adjustment polices had serious implications for the ability of developing countries to abide by the Declaration on the Right to Development and to formulate national development policies; that structural adjustment programmes gave inadequate attention to the provision of social services and that only a few countries managed to achieve sustainable higher growth under these programmes; expressed concern at the persistence of the external debt problem; expressed concern at the external debt overhang that affected most least-developed countries and remained an obstacle to their development; reiterated that the permanent solution to the foreign debt problem lay in the establishment of a just and equitable international economic order; stressed the need for programmes arising from foreign debt to be country driven and for the policy issues to be integrated, on an equal footing and in a consistent way, with the realization of broader social development goals, taking into account the specific characteristics of each debtor country; affirmed that the basic rights of the people of debtor countries to food, housing, clothing, employment, education, health services and a healthy environment could not be subordinated to structural adjustment policies and economic reforms arising from debt; emphasized the important need for initiatives on foreign debt, in particular the need for initiatives to be extended, expedited, implemented completely and made more flexible, and noted with concern the rigidity of eligibility criteria approved by the international creditor community in the context of those initiatives; emphasized the need for new financial flows to debtor developing countries; called upon Governments, international financial institutions and the private sector to consider the possibility of cancelling or reducing significantly the debt of the heavily indebted poor countries, giving priority to those emerging from devastating civil wars or that had been devastated by natural disasters; urged them to alleviate the debt problems of those developing countries particularly affected by HIV/AIDS; recognized that there was a need for more transparency, participation by all States and consideration of the relevant resolutions of the Commission in the deliberations and activities of international and regional financial institutions; reiterated its view that a durable solution to the debt problem required political dialogue between creditor and debtor countries and the multilateral financial institutions within the United Nations system, based on the principle of shared interests and responsibilities; and requested the Economic and Social Council to authorize the Working Group on Structural Adjustment to meet for two weeks prior to the fifty-ninth session of the Commission.
The vote was as follows:
In favour: Algeria, Brazil, Burundi, Cameroon, China, Cuba, Democratic Republic of the Congo, Ecuador, India, Indonesia, Kenya, Libyan Arab Jamahiriya, Malaysia, Nigeria, Pakistan, Russian Federation, Senegal, Sierra Leone, South Africa, Sudan, Swaziland, Syrian Arab Republic, Thailand, Togo, Uganda, Uruguay, Venezuela, Viet Nam and Zambia.
Against: Austria, Belgium, Canada, Croatia, Czech Republic, France, Germany, Italy, Japan, Poland, Portugal, Republic of Korea, Spain, Sweden and United Kingdom of Great Britain and Northern Ireland.
Abstentions: Argentina, Armenia, Bahrain, Chile, Costa Rica, Guatemala, Mexico, Peru and Saudi Arabia.
JOAQUIN PEREZ-VILLANUEVA Y TOVAR (Spain), speaking on behalf of the European Union, said the European Union was not against discussing the issues of structural adjustment policies and foreign debt. However, the European Union believed that these issues went far beyond the competence and expertise of this Commission and that, in consequence, they were much better dealt with in other fora. As on previous occasions, the European Union underlined that it remained opposed to the mandate of the Working Group on structural adjustment. It was noteworthy that since its establishment in 1996, the Working Group had held only one substantive session. The European Union was therefore against any further sessions of this Working Group. Furthermore, the European Union had noted that the issues raised in the deliberations in the open-ended Working Group on the right to development, in which the Union participated actively, increased the risk of duplication and overlapping with the mandate of the Working Group on structural adjustment. The European Union would continue actively, and in the appropriate fora, discussion with interested parties on the issues of structural adjustment and foreign debt. However, for the above-mentioned reasons, the Union saw no other option than to vote against resolution L.45.
In a resolution (E/CN.4/2002/L.46) on human rights and extreme poverty, adopted without a vote, the Commission reaffirmed that extreme poverty and exclusion from society constituted a violation of human dignity and that urgent national and international action was therefore required to eliminate them; acknowledged the efforts made by developing countries, in particular the commitment and determination of Africa's leaders to tackle seriously the problems of poverty, underdevelopment, social exclusion, economic disparities, instability and insecurity by means of initiatives; expressed its appreciation that an integrated approach was being followed by the United Nations system to address the question of extreme poverty, particularly through the adoption and the implementation of the United Nations action strategy for halving extreme poverty by 2015; called upon the General Assembly, specialized agencies, United Nations bodies and intergovernmental organizations to take into account the contradiction between the existence of situations of extreme poverty and exclusion from society, which must be overcome, and the duty to guarantee full enjoyment of human rights; invited treaty bodies monitoring the application of human rights instruments to take into account, when considering the reports of States parties, the question of extreme poverty and human rights; decided to ask the Economic and Social Council to endorse the Commission's decision to renew for two years the mandate of the Independent Expert on the question of human rights and extreme poverty, and to ask her to report on her activities to the Commission at its fifty-ninth and sixtieth sessions.
In a resolution (E/CN.4/2002.L.47) on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, adopted without a vote, the Commission urged States to take steps, individually and through international assistance and cooperation, to the maximum of available resources for this purpose; called upon the international community to assist the developing countries to this end; called upon States to guarantee the right to health without discrimination; and decided to appoint, for a period of three years, a Special Rapporteur on the right to health.
In a resolution (E/CN.4/2002.L.48) on access to medication in the context of pandemics such as HIV/AIDS, carried without a vote, the Commission recognized that such access was a fundamental element for achieving the right to health; called upon States to promote availability in sufficient quantities of medications and treatments; to promote accessibility to them for all, without discrimination; to assure that all such medications and treatments were scientifically and medically appropriate and of good quality; called upon States to refrain from measures that would deny or limit equal access to such treatments and medications; to safeguard such access from limitations by any third parties; to promote effective access to the maximum of the resources allocated for that purpose; to address factors affecting the provision of such treatments or medications and to develop strategies to strengthen health care systems; to facilitate access in other countries to such treatments and medications wherever possible, especially in times of emergency; recognized the gravity of the public health problems afflicting many developing countries; stressed the need for the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) to be part of the wider national and international action to address these problems; recognized that intellectual property protection was important for the development of new medicines and also recognized the concerns about its effects on prices; and agreed that the TRIPS agreement did not and should not prevent members from taking measures to protect public health and to promote access to medicines for all.
AUDREY GLOVER (the United Kingdom) said the United Kingdom and Sweden would join the consensus on draft resolution L.48 on the understanding that operative paragraph 3 b referred to "limitations".


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