COMMISSION ON HUMAN RIGHTS CONTINUES DEBATE ON ENJOYMENT OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS

Commission on Human Rights
58th session
10 April 2002
Afternoon



Several Speakers Decry Inequalities
Within And Between Countries



The Commission on Human Rights this afternoon continued its debate on the enjoyment of economic, social and cultural rights by hearing a series of statements from Government delegations, specialized agencies and non-governmental organizations.
Several speakers said that the enjoyment of economic, social and cultural rights had been hampered by the inequalities existing between poor and rich countries, and that their absence had also affected the enjoyment of other human rights. The situation of extreme poverty, lack of access to education and health were among the factors which had seriously curtailed the economic, social and cultural rights of millions of people around the world. Inequalities within and between countries were condemned and there were calls for international efforts to bridge such gaps as national efforts alone could not succeed.
The indivisibility of economic, social and cultural rights on the one hand, and civil and political rights on the other was stressed. Some delegates said globalization and structural adjustment policies stopped developing countries from achieving their development goals. The link between poverty and social unrest was also underlined. Other issues raised included the need to provide affordable medicines for pandemics like HIV/AIDS, and the effect of unilateral coercive measures and sanctions on economic, social and cultural rights.
Delegations from the following States participated in the debate: Armenia, Senegal, Norway, Iraq, Egypt, Kuwait, Nicaragua, Switzerland, the Holy See, Nepal, Madagascar, Sri Lanka, Iran, Cyprus and Colombia.
The representatives of the following agencies also spoke: World Health Organization (WHO); United Nations Development Programme (UNDP); World Bank; International Labour Organization (ILO); International Federation of the Red Cross and Red Crescent Societies; and United Nations Children's Fund (UNICEF).
Also contributing statements were the following non-governmental organizations: Femmes Afrique solidarite; B'nai B'rith; International Alliance of Women; China Society for Human Rights Studies; Human Rights Advocates International; International Education Development; Movimiento Cubano por la Paz y la Soberania de los Pueblos; Asian Centre for Organization, Research and Development; International Movement ATD Fourth World; Transnational Radical Party; International Federation Terre des Hommes; International Federation of Rural Adult Catholic Movements; World Organization Against Torture; International Federation of Human Rights Leagues; Commission for the Defence of Human Rights in Central America; France Libertes: Fondation Danielle Mitterrand; International Islamic Federation of Student Organization; Centre Europe - Tiers Monde; International Commission of Jurists; Pax Christi International; World Federation of Democratic Youth; International Peace Bureau; and Netherlands Organization for International Development Cooperation.
When the Commission reconvenes at 10 a.m. on Thursday, 11 April, it will continue its debate on economic, social and cultural rights.

Statements
MARTHA AYVAZIAN (Armenia) said that concerning economic security, two important issues were worthy of consideration. The first concern pertained to financial volatility. While Armenia had accepted the principles of an open market economy, it was also concerned about the volatility of global markets. Far from being isolated incidents, financial crises had become increasingly common with the spread and growth of capital flows. The second concern pertained to increasing inequalities both within and between countries. Rising inequality had been a hallmark of globalization; the income gap between rich and poor countries continued to widen. Concerning cultural security it was necessary to ask: "to what extent had the engagement with the world market economy threatened existing patterns of cultural and social order?" The present flow of culture could be seen as being unbalanced and heavily weighted in one direction, from richer countries to poorer ones. This made domination by other cultures and the loss of national values a threat.
Concerning environmental security, Armenia affirmed the priority of environmental issues and recognized the need for promoting sustainable development, including the preservation of bio-diversity and the prevention of climate change and other unsustainable or damaging processes. Finally, with regard to health security, poverty, hunger and spread of diseases were wide throughout the world. Reaffirming the right of everyone to the enjoyment of the highest attainable standards of physical and mental health, Armenia emphasized that prevention and comprehensive care were crucial for an effective response and must be part of a comprehensive global approach.
A Representative of (Senegal) said that the international community faced complex challenges linked to the imbalance in international economic relations that marginalized whole regions, leading to the exclusion of large groups and increasing inequalities and injustice. Serious development problems continued to exist, especially in third world countries. It could not be ignored that every day the vast majority of the population of the countries of the South sank deeper and deeper into poverty and misery. Social development indicators in the areas of education, health, food, environmental protection and habitat bore witness to a difficult situation that was exacerbated by the perverse effects of globalization. Added to this was the spread of pandemics such as AIDS, malaria and tuberculosis whose exponential increase posed a serious threat to development. Official development assistance must be increased and the debt burden of developing countries lightened.
INGRID MOLLESTAD SYLOW (Norway) said that the principles of non-discrimination and equality were integral elements of the international human rights normative framework, including the International Covenant on Economic, Social and Cultural Rights. Non-discrimination was not least important in the efforts to combat poverty. Discrimination could cause poverty, just as poverty could cause discrimination. The need to promote gender equality and women's rights could not be stressed enough. Particular attention should be given to vulnerable groups and individuals belonging to such groups.
She underlined the clear interdependence between the two sets of human rights contained in the International Covenants on Economic, Social and Cultural Rights and on Civil and Political Rights. It was difficult to imagine a situation where one set of rights could prosper and thrive if the other was violated. Access to education, for example, was a fundamental basis for development and for the enjoyment of many other human rights. Education allowed for meaningful participation in social and political life and would strengthen basic democratic principles.
NICK DREGER, of the World Health Organization, said poverty, hunger, and disease were more rampant than ever. The gap between rich and poor had grown both within and between countries. This was the bad news. The good news was that the world was getting wise and more committed to action. Any attempt to stimulate development and promote human security must be about investing in human beings - about investing in health - about promoting and protecting the right to health. Poverty was both a cause and a consequence of ill health. The Report of the Commission on Macroeconomics and Health provided scientific evidence which demonstrated that improved health was a prerequisite for economic development in poor societies. Last year a process of cross-fertilization had been observed, from access to essential drugs recognized as part of the right to health by the Committee on Economic, Social and Cultural Rights to the adoption of the Commission resolution on access to essential medications.
The World Health Organization, alongside its United Nations partners, had played an important role in lowering the cost of AIDS medicines through the Acceleration Access Initiative, and was considerably closer to effective and safe use of antiretroviral medicines in places where the use thereof had until now been difficult. Governments in this room had ratified a number of human rights instruments containing key provisions relevant to the battle towards securing health and prosperity worldwide for everyone. Coupled with strong government leadership, this norm and standard generated by Governments for Governments was an important move to advance the international health agenda.
MOHAMMED SALMAN ALI (Iraq) said that untold human suffering occurred in Iraq. The embargo imposed on Iraq was a flagrant violation of international law and the right of people to live in dignity and to enjoy their basic human rights, especially the right to food and education. The embargo was a crime of genocide, carried out in the name of the United Nations before the eyes of the whole world. The military aggression had resulted in great loss of life, as well as the destruction of infrastructure and the economy. The use of depleted uranium had caused effects that would be felt for hundreds of years. The United States was now trying to launch a new aggression against Iraq to destroy everything that had been rebuilt. The economic embargo was politically motivated and constituted a flagrant violation of the rights of the Iraqi people.
BERTRAND COPPENS, of the United Nations Development Programme, said the current agenda item of economic, social and cultural rights was at the very heart of the work of the United Nations Development Programme. Given time restraints he would refrain from giving the planned longer statement in the hope that the Secretariat would distribute it instead.
PABLO ESPINIELLA, of the World Bank, said that Special Rapporteurs of the Commission had brought a wealth of key material and proposals. Their reports had depicted economic, social and institutional realities in many countries. Many of the Experts dealt with the same body of jurisprudence, but their interpretations differed and thus did the possible conclusions. No effort had been made to unify their approaches. While Experts addressed issues which were complementary in nature, a separate discussion rendered the debate rather incomplete, without maximizing the synergies present in the system.
Almost none of the reports of the Special Rapporteurs had made an effort to link human rights with the process of wealth creation. Thus, one observed serious inaccuracies on the role and importance of macroeconomic management. Economic policies, whether neo-liberal or not, were heavily and unnecessarily criticized. Given the many policy and institutional recommendations made, it was not clear if the whole policy package of those reports would accentuate existing contradictions or incoherence.
BADR ABDEL ATTY (Egypt) said that his country was committed to the observance of economic, social and cultural rights. The Government cooperated closely with the private sector and representatives of civil society in promoting these rights. Egypt would do its utmost to increase observance of social, economic and cultural rights, which went hand in hand with civil and political rights, and it urged the Commission to designate a Special Rapporteur on these rights. In this regard, Egypt reaffirmed the need for countries to cooperate with the Special Rapporteurs of the Commission. Egypt concurred with the recommendations of the Special Rapporteur on the right to adequate housing and pledged to redouble its efforts to alleviate the plight of the homeless. Egypt further indicated that social, economic and cultural rights should be integrated in any request for technical assistance.
SELMAN ERGUDEN, of the United Nations Human Settlements Programmes (HABITAT), said the Declaration on Cities and other Human Settlements in the new Millennium adopted by the General Assembly in June 2001 reaffirmed the fact that half of the world's population was living in urban locations. It also reaffirmed that more than half of the populations in cities of the developing countries lived in informal settlements, in poverty without security of tenure and in conditions that could be described as life and health threatening. In the 1990s, the right to adequate housing had gained increasing recognition and many Government had adopted or revised their housing policies and legislation to include various human rights dimensions. Increasing housing production and improvements in the conditions of the existing housing stock were fundamental components in the realization process of housing rights in every society. At the same time, specific actions must focus on the human rights aspect of housing development.
A rights based approach, involvement of civil society and national human rights institutions, networking, focus on women's rights and on vulnerable and disadvantaged groups, and progressiveness were the principles of the implementation strategy of UN-HABITAT. She invited Governments to offer political and financial support for the implementation of the United Nations Housing Rights Programme and to the activities of the Special Rapporteur on adequate housing.
AISHA AL-ADSANI (Kuwait) said that social and economic services and housing were imperative; and Kuwait had spent a large amount of money in those areas. The Housing Ministry had been dealing with housing infrastructures through the expenditure of a large budget. In 1993, legislation had been promulgated providing for the right to have housing facilities for each citizen. In addition, access to mortgage benefits had been made easier for those who wished to build their own houses. The Government was also facilitating access to land for the construction of houses. Further, the Government had been building residential houses in order to reduce the shortage in that area.
ANA NAVARRO (Nicaragua) said that the ideal of a human being free from misery could be arrived at only by ensuring the implementation of social, economic and cultural rights. Protection and enhancement of these rights could be achieved only through international cooperation. One obstacle in the way of implementing social, economic and cultural rights was extreme poverty. Nicaragua was the second poorest country of the northern hemisphere. The country had increased its investments in basic health services and had allocated resources to rebuild the infrastructure destroyed by hurricane Mitch. Programmes targeting adolescents had also been implemented. Nicaragua, a young democracy, was also striving to increase good governance and transparency. Nicaragua hoped that the Working Group on structural adjustment would be set up to address the question of debt alleviation.
FRANÇOIS NORDMANN (Switzerland) said it was necessary to implement the right to food and its corollary - food security, in order to ensure stability of regions and continents. He took note of the report on the right to food and welcomed the free way in which the Special Rapporteur had expressed himself. Such freedom underscored the independence the Special Rapporteurs enjoyed, a sign of vigour in a debate. Malnutrition continued to be a handicap throughout the world, particularly to women and children. To many children - malnutrition was fatal. The account of the mission of the Special Rapporteur to Niger was interesting and more attention needed to be placed on the situation there. The report had stressed that a dialogue and close collaboration among international organizations was required. The link developed with the International Parliamentary Union was very interesting, as was the involvement of multinational corporations. It was stressed that food must not be used as a weapon. The Special Rapporteur was invited to continue his work in this area and to continue his missions in countries affected by malnutrition.
LEE SWEPSTON, of the International Labour Office (ILO), said that the ILO especially identified with the subject of economic, social and cultural rights through its extensive system of conventions, recommendations, declarations and related instruments, and its system of supervision. As one of its commitments in the area of migrant workers, the ILO had created a Forced Labour Action Programme which was intended to fill gaps in technical assistance and technical cooperation on that subject. The ILO commended the Independent Expert on the question of the draft protocol to the International Covenant on Economic, Social and Cultural Rights for having highlighted the importance of building on the ILO's experience when designing an individual complaints procedure under the treaty. The ILO had a particular interest in the subject of globalization and its impact on the full enjoyment of all human rights.
DIARMUID MARTIN (the Holy See) said the fight against poverty was above all a moral imperative, especially today due to the scandalous paradox of widespread extreme poverty existing alongside the scientific and social progress capable of eliminating it. Extreme poverty was perhaps the most pervasive and paralysing form of violation of human rights in the world. The renewed international commitment to fight extreme poverty must thus also have a human rights dimension. As long as scientific progress and social development were not shared equitably by the whole human family, the human rights ethic, centred on equality, would not produce the desired global equity. The first and most important contribution of a human rights approach to extreme poverty would always be that of focusing on the dignity of each person and recalling that being forced to live in extreme poverty was an offence against human dignity.
A human rights approach must always focus on the person living in poverty as a fellow human person. The persons living in poverty must not be considered as objects to be managed but as participating subjects. A human rights approach to poverty elimination must focus on forms of discrimination and stigma which victimized people living in poverty. The current and praiseworthy initiatives in the international fight against poverty - such as debt relief and poverty reduction strategies, the opening of trade barriers and good governance - were destined to remain mere strategies unless flesh was put on them through investment in people and in the social infrastructure that would best facilitate human development.
SHAMBHU RAM SIMKHADA (Nepal) said that extreme poverty, conflict and violence stood out as two of the worst manifestations undermining the sanctity and dignity of large sections of the human family. In the twentieth century, untold numbers of people had perished in wars and persecution and many lived in destitution, disease, ignorance and injustice. Resurgence of racial prejudice, religious fundamentalism, digital divide and inequality of wealth and opportunities were creating greater disparities and despair.
In a world of unprecedented prosperity and even greater potential, continuing sufferings caused by hopelessness and helplessness presented a sad picture in the canvas of human wisdom. Consensus on the right to development was one hopeful sign. Wider realization of what one leader attending the United Nations Conference on Financing for Development said "Extreme poverty was the time bomb lodged against the heart of liberty" was the most vital mantra for a new global paradigm in the twenty-first century.
MAXIME ZAFERA (Madagascar) said that some countries persisted in considering that the implementation of civil and political rights should be prerequisite to the realization of economic, social and cultural rights. The delegation believed that economic, social and cultural rights, including the rights to adequate food, to education, housing, and to health, were not disassociated from civil and political rights, and they should receive equal treatment. More than 1 billion people in the world were living in degraded situations, and more than 150 million children under 5 years were suffering from malnutrition, while the number of illiterates had exceeded 1 billion. The situation needed an energetic action at the national and international level.
Extreme poverty constituted a very grave violation of human rights and the international community should fight it. The international community should also express its solidarity by increasing its international cooperation more effectively.
CHRISTOPHER LAMB, of the International Federation of Red Cross and Red Crescent Societies, said that vulnerable people were, for the International Federation, those at risk from situations that threatened their survival or their capacity to live with a minimum of socio-economic security and human dignity. Vulnerability was a relative and dynamic concept. It related to an individual's or a community's capacity to cope with specific threats at a certain point in time. Vulnerability could be associated with elements of poverty, but it was also about people being isolated, insecure and without defense in the face of risk, shocks and stress. In its endeavours to improve the lives of individuals, the Red Cross/Red Crescent gave priority to the most urgent cases of distress - the most vulnerable.
Disasters were not just events which caused tragedy - their impact was often one of the consequences of uneven development. One need only cite the difference in consequences between roughly similar earthquakes in various countries. In some cases, inadequate capacity to ensure adherence to building codes and standards directly caused a large number of deaths while in the other, damage to both life and property was very limited. Many of the people who now sought to move from their homelands to other countries did so because of their inability to access basic economic, social or cultural rights. Any attempt to address the phenomenon of population movement must include an analysis of the availability of basic economic, social and cultural rights.
SUGEESHWARA GUNARATNA (Sri Lanka) said that poverty reduction was an essential pre-requisite in ensuring that economic, social and cultural rights were protected and fostered. It had been repeated that we were today living in a globalized world. The present trend of globalization made it impossible for countries to achieve development goals in isolation and without international cooperation as set out at the Millennium Summit in September 2000. However, the commitment made 30 years ago by many industrialized countries to increase the percentage of Official Development Assistance (ODA) to 0.7% of GNP was still well below target. Sri Lanka commended those countries that had reached this target and welcomed the announcements of increases in ODA by many industrialized countries at the recently concluded Monterrey Conference. It was vital that these decisions were speedily implemented if we were to promote and protect the economic, social and cultural rights of the vast majority of the people living in the developing world.
PAYMANE HASTEI (Iran) said rights had been achieved for most of the inhabitants of the industrialized countries, while there were large areas in the south where economic problems were still widespread and people went in need and were unable to fulfill even their primary requirements. The world was confronted with a perpetuation of disparities among and within nations, worsening poverty, hunger, ill health, and illiteracy and continuing deterioration of the eco-system. In order to meet the current challenges, States must engage in a continuous and constructive dialogue, inspired by the need to achieve a more efficient and equitable world economy. The globalization process constituted a powerful and dynamic force that must be harnessed for the benefit, development and prosperity of all countries, without exclusion. Today, developing countries faced special difficulties in responding to challenges presented by this trend, in particular when it came to optimizing the enjoyment, by their citizens, of economic, social and cultural rights. Only through broad and unrelenting efforts to create a shared future, based upon our common humanity, could globalization be made fully inclusive and equitable.
The United Nations had condemned the fact that certain countries, using their predominant position in the world economy, continued to intensify the adoption of unilateral coercive measures against developing countries. Such measures continued to be promulgated by some countries with the purpose of preventing others from exercising their right fully to determine their own political, economic and social system and impeding the full realization of human rights, in particular economic, social and cultural rights.
MARTA SANTOS PAIS, of the United Nations Children's Fund (UNICEF), said that UNICEF remained convinced that one of the major obstacles to achieving the right to quality education for all children was gender discrimination. In cases of discrimination against children on grounds other than gender -- for example, poverty, ethnicity, work, rural-urban residence or disability -- the female child was often placed at a double disadvantage. Since gender cut across and frequently compounded other forms of inequity, girls' education provided an ideal entry point for a broad strategy to eliminate discrimination and to reach the full potential of girls. UNICEF strategies for girls' education included social mobilization and advocacy, accelerated primary education and other educational opportunities for adolescent girls. It was also committed to achievements in reducing the number of girls out of schools, ensuring quality education and promoting steady progress in learning achievements.
HELENA MINA (Cyprus) said that the destruction of the cultural heritage of Cyprus arising from the Turkish invasion and continued occupation of a major part of its territory was an irreparable loss to the island's age-long cultural history. Turkey had not respected her obligations emanating from all major binding international conventions for the protection of cultural heritage that she was a State party to. As a result of the deliberate policy of Turkey in the occupied areas, churches monasteries and other religious sites had been desecrated, converted into depots of the occupation army, turned into stables, stockyards or hay barns. Almost all the churches and monasteries in the occupied areas had been emptied and stripped of their Byzantine wall paintings. Wood carved icons were sold by metre in foreign markets while ecclesiastical vessels and holy icons appeared in art markets throughout the world. The obliteration of every testimony of the Greek Christian civilization of Cyprus constituted part of Turkey's deliberate policy to alter the cultural and historical character of Cyprus. In contrast to the total disrespect shown by the occupation regime, all Muslim sites in the Government controlled area were properly and respectfully kept, preserved and maintained by the competent authorities.
CAMILO REYES RODRIGUEZ (Colombia) said the Government, State and society shared the concern of the international community with regard to the realization of economic, social and cultural rights in Colombia. Poverty and violence were the main manifestations of this problem as was the destruction of the advances made in infrastructure as well as environmental degradation. If peace was achieved the situation would change considerably, the economy would grow and jobs would be created. Despite the problems experienced at the moment, the Government had undertaken measures to improve the economic, social and cultural rights of the population. These measures included subsidies for health care, a programme for employment involving 80,000 beneficiaries, programmes for young people of subsidies for technical training and a programme for food safety. There was also an indigenous programme for food, safety and development. Regarding the right to housing, measures would be undertaken as well as the continuing attempts to improve the education sphere. The average schooling had increased significantly and in 2001 more school places had become available. Major advances had been made in the fight against illiteracy. In gender matters an improvement had also been seen.
I. BAILEY-WIEBCKE, of the Femmes Africa Solidarite, in a joint statement, said that the international community had the responsibility of addressing the grievances that remained at the root of violence. Through its commitment to lasting peace, it had a responsibility to research and educate about non-aggressive patterns of conflict management. As women were often the foremost victims of conflict, it was women who should be at the forefront of efforts to resolve them. Recalling Security Council resolution 1325, it was the unanimous decision of the members that linked gender equality to global security, and committed governments to include women's voices in peace negotiations while protecting them from the abuses of war. Women were naturally shifting from the state of being victims in a cycle of disadvantaged circumstances to one of being actively engaged in the cycle of constructive development.
ARMAND AZOULAI, of B'nai B'rith, in a joint statement, said that over several years it had been observed that teaching dispensed in schools run by the Palestinian Authority was filled with obvious incitement to hatred and base anti-Semitism. Audio-visual instruments, war games and textbooks carried messages of hatred, such as the use of Nazi-like cartoon stereotypes, incitement to holy war or the negation of contemporary history. The textbooks aimed to teach the young to hate Jews in general and Israel in particular. The books contained calls to jihad, including the invocation to blood-letting, the cult of death and the exaltation of martyrdom. Calls for a spirit of co-existence were entirely lacking, as were any positive references to Jews or Judaism.
JESSIKA KEHL LAUFF, of the International Alliance of Women, speaking on behalf of the Socialist International Women, said her organization was glad that since last year a new UN programme on housing rights under the umbrella of HABITAT and the Office of the High Commissioner had been put in place which would be able to monitor the situation worldwide as many people had increased access to the website. During the Commission of 2001, the organization had already stated the importance of the gender dimension. Women's rights as human rights could become effective only if women had easy access to livelihood resources for themselves and those they cared for. It was therefore declared that land rights including drinking water, food and sanitation were human rights if not fundamental rights for women, children and men all over the world. Governments were urged to support all efforts of the UN Housing Rights Programme and the previous work of the Special Rapporteur on adequate housing.
ZHUANG FENGGAN, of the China Society for Human Rights Studies, said that as in the rest of the world, people in China were enjoying more and more economic, social and cultural rights. Chinese people showed greater interest in and respect for science. It had become one of the main themes of the Chinese society to spread scientific knowledge. However, like in many other countries, there were cacophonies and Falun Gong was an evil cult which was one of the noisiest. Falun Gong built on lies and deceptions, used modern technology to deceive and muddle up people's minds, and spread vicious slanders to discredit science. It was "a wicked cult". Falun Gong regarded all those who acted against heresy in a scientific spirit as its enemies.
CONCEPCION LOZANO-BATISTA, of Human Rights Advocates, said that although some countries were working to reduce the transfer of toxic materials, more efforts must be made to eliminate these dangerous practices. The export of pesticides had proven to affect human rights directly, specifically the right to life and health. In Colombia, the United States was assisting in eradicating cocaine production by spraying a highly toxic herbicide. The levels used were 100 times the amount that was permitted for use within the United States. As a result, serious health problems resounded among villagers and farmers. Governments must be encouraged to stop exporting substances for improper use and ban the export of toxins that were forbidden for use within their own countries. Currently, there was no system in place to ensure proper disposal of hazardous materials.
KAREN PARKER, of the International Education Development, speaking on behalf of the International Human Rights Association of America Minorities, said the organizations considered that the unique social and cultural characteristics of the Kashmiri people were a major factor in the decision more than fifty years ago by the Security Council that mandated a plebiscite under United Nations auspices to determine the political status of Kashmir. There would be no solution of the serious situation in Indian-occupied Kashmir until the plebiscite was carried out according to the Security Council formula. Concerning toxic waste, the organizations expressed concern as to the use of depleted uranium on the testing grounds affecting Puerto Rico, the field of the Gulf War and in Kosovo and sadly, now in Afghanistan. The behaviour of the United States needed to be looked into. Another issue of importance was the sanctions against Iraq and the Commission was urged to do its utmost to end this violation of human rights as well as looking into the weaponry used by the United States in Yugoslavia, Iraq and Afghanistan.
LOURDES CERVANTES, of the Movimiento Cubano por la Paz y la Soberania de los Pueblos, said that it was a hypocracy to speak of economic rights when millions of people in the developing countries were living in poverty. There were 11 million of children dying every year, while other millions of children were living in poverty. The people in the third world were living in miserable situations. For instance, in Cuba, people were facing severe economic conditions because of the economic blockade imposed by the United States Government for the last 42 years. The measure against the people of Cuba was in contravention of all international conventions which were not respected by the Government of the United States. It was also an intervention in the self-determination of the nation and against its enjoyment of its economic, social and cultural rights.
K. WADHERA, of the Asian Centre for Organization Research and Development, said that there were two different kinds of education - one conducive to the promotion and protection of human rights and the other harmful to human rights. The latter, which was very widespread, was based on a binary mind set that perceived the people and the things in this world were either good or bad, right or wrong; our way was believed to be the one right or good way and all other ways were wrong or bad. This kind of education focused on a small or narrow range of subjects and generally excluded the sciences. Information and knowledge imparted excluded analysis of modern developments and relied on mere memorization of unchanging belief systems. Plurality and diversity were not acceptable. In fact, the binary-model (good/bad; right/wrong) required that all others must be brought to the right path and those who differed or disagreed must be convinced or coerced. The various educational streams and systems which were based on this model were known to create breeding grounds of intolerance and militate against a wide range of human rights.
TON REDEGELD, of the International Movement ATD Fourth World, said the introduction to the Universal Declaration on Human Rights and the two International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights, made the need for a world where individuals were free to speak and free from poverty clear. The organization welcomed the report of the Special Rapporteur on extreme poverty. It was clear that an official statement had been made about extreme poverty and observations and recommendations of Member States were needed. The poor were not to have a special status, they already did, but one suggestion was to make poverty unacceptable by law. All individuals must be able to ensure their well-being. It was stressed that poverty was the work of man and that poverty was not a natural state but an affront to the dignity of the human person. Members of the Commission increasingly shared this opinion and it was therefore time to put this truth in writing. The Committee on Economic, Social and Cultural Rights had an important role to play in this context.
WEI JINGSHENG, of the Transnational Radical Party, said that some believed that economic, social and cultural rights were a form of collective rights, that was not wrong; however, they were individual rights as well, for collective rights were accumulated on individual rights. For instance, a worker's strike movement which originated from north-eastern China not long ago was now spreading to the whole country. Those workers joined together to plea and to demonstrate on the street precisely because they were not entitled to fundamental rights such as medical care, social security and other rights, and they were exploited by the Chinese Government that represented the capitalists' interests.
REGIS RENARD, of the International Federation Terre des Hommes, said that the organization urged the cessation of the discrimination against economic, social and cultural rights vis-à-vis civil and political rights. All human rights were equally important. The general situation of economic social and cultural rights was deteriorating increasingly throughout the world and this was inadmissible. The Universal Declaration on Human Rights recognized a set of human rights and established no difference among the different categories of rights. One consequence of the Cold War was, however, the shattering of this principle of indivisibility and interdependence with the adoption of the two International Covenants with very distinct obligations. The adoption of the two Covenants had contributed to the marginalization of economic, social and cultural rights on the human rights agenda.
PIERRE MIOT, of the International Federation of Rural Adult Catholics Movements, said the right to food for all had not been achieved for all, which highlighted the importance of the report of the Special Rapporteur on the right to food. The right to food was in fact an integral part of the right to development, which went far beyond mere food security. A number of conditions had to be met to ensure a synergy which would guarantee the success of projects such as agrarian reform and controlled use of land, water and seeds. Rural communities must be reassured and given more control. Priority must be given to local, healthy and culturally appropriate farming. In September 2001 the World Forum on Food Security had been held in Cuba and one of the main conclusions had been to take agriculture outside the domain of the World Trade Organization. The implementation of human rights must take precedence over trade and economic policies. States were appealed to consider food security as a pillar of controlled globalization.
NATHALIE MIVELAZ, of the World Organization against Torture [OMCT]) said that the State repression that emerged in Argentina during the economic crisis showed that the prevention of violence remained unsustainable when inequalities were on the rise and where the growing number of excluded saw their absolute and relative income diminished, preventing them from enjoying their economic, social and cultural rights. In Zambia, the introduction of user fees in the educational and health sectors following structural reforms implemented under the auspices of the World Bank and the International Monetary Fund highlighted the fundamental importance of basic services' delivery. In Peru, an opponent to the implementation of a mining project by the Canadian company was assassinated on 31 March 2001. It was imperative that the Commission request that an expert consultation be convened on economic globalization and human rights under the auspices of the United Nations High Commissioner for Human Rights, among other things.
MARIE GUIRAUD, of the International Federation of Human Rights Leagues, said human rights must prevail during events scheduled to take place in the coming months, including meetings of the World Bank, the International Monetary Fund (IMF), the G-8 and the Johannesburg Conference. The decisions that would be made in these meetings would jeopardize the full enjoyment of human rights, in particular economic, social and cultural rights. The same States that last year affirmed in the Commission that the exercise of the fundamental rights of the population of debtor countries could not be subordinated to the implementation of structural adjustment policies had nevertheless recommended within the IMF the adoption of an austerity programme that plunged Argentina into an unprecedented economic and social crisis. The same countries which urged the Special Rapporteur on the right to food to address the question of drinking water recommended within the IMF the total privatization of the water system of the twelve poorest countries. There was no doubt that on these questions the States were schizophrenic.
GUSTAVO MONTENEGRO ROUGE, of the Commission for the Defense of Human Rights in Central America, said he was concerned about the unemployment, poverty and corruption in Central America. This situation was leading to the killing of people not only with bullets, but also from hunger. Guatemala was a prime example where deaths had been recorded due to the lack of food. The Guatemalan Government had been acting fraudulently with its budgets to benefit a few as opposed to helping its people. The region was rife with corruption and cronyism and a total disregard for the population and its needs in terms of economic, social and cultural rights. In the Guatemalan legislation there was no such thing as the right to development. In fact, education had a smaller budget allocation than defense. His organization represented the voice of the people, spoke the truth and told what it saw- hunger and pain. The Commission was appealed to not forget about Central America, where so much remained to be done. The Governments of the region were urged to take the economic, social and cultural situation of its people into account. It was added that the measures taken by the World Bank and the International Monetary Fund must be condemned since they were starving Central America.
MELANIE LE VERGER, of France Libertes: Fondation Danielle Mitterrand, said that she was deeply concerned about the violations of economic, social and cultural rights of the indigenous peoples and minorities. In the face of States refusing to fully recognize the cultural identities, and the globalized society that did not take into account the differences between cultures, what means could remain to those people for the survival of their identities? Turkey had been refusing to recognize the fundamental rights of Kurds. Turkey was requested to respect the cultural rights of the Kurds and recognize officially the use of their language. In Mexico, the indigenous people were still waiting for the recognition of their cultural identities by the Government of Mexico.
SYED FAIZ NAQSHBANDI, of the International Islamic Federation of Student Organizations, said that India had crossed new and dangerous thresholds in systematically trampling on the economic, social and cultural rights of the Kashmiri people. The Indian Government in a methodical and planned fashion was destroying the sources of livelihood of the Kashmiri people. It was destroying their homes, businesses, educational institutions and places of worship. It had made hundreds of thousands of Kashmiris destitute. Grinding poverty and hopelessness had been forced upon the Kashmiri people. Tourism had been a particular target of the Indian occupation forces. The body searches, curfews, army pickets, arbitrary arrests and destruction, and forced occupation of hotels and house boats by Indian army and paramilitary forces had led to the total collapse of the Kashmiri tourist industry, rendering thousands of Kashmiris jobless.
MALIK OZDEN, of Centre Europe - Tiers Monde, said the document on globalization presented by the High Commissioner fell short of showing the problems in their full gravity and dimension. It was not only about economic and social rights, but also cultural and environmental rights. Measures needed to be taken to protect small farmers on a world scale. Small family agricultural households needed to be protected, particularly since 98 per cent of farmers had no access to motorization, nearly half the population of the world. It was also a fact that three quarters of those who suffered malnutrition and hunger lived in the rural world. The transfer of the majority of people from rural areas to the city and its industries had increased. This could very well lead to a major catastrophe within one generation. Instead of trying to liberalize agriculture one needed to ask whether this was compatible with human rights and question why the world had not moved away from the orthodox thinking on globalization.
EDWIN BERRY, of the International Commission of Jurists, welcomed efforts dedicated towards the realization of economic, social and cultural rights through an optional protocol to the International Covenant on Economic, Social and Cultural Rights. The proposed international instrument would permit a more thorough understanding and precise definition of economic, social and cultural rights, strengthening the recognition of those rights. It would also encourage States to adopt legislative policies to comply to the Covenant obligations; to redress the imbalance between civil and political, and economic, social and cultural rights, and provide the opportunity to clarify the nature of third party responsibility for the violation of economic, social and cultural rights. Further, it was envisioned that it would provide a forum to address arguments of non-justicibility and the perceived inability of States to implement economic, social and cultural rights without adequate resources.
JULIA STUCKEY, of Pax Christi International, said that social exclusion materialized in the lack of access to basic goods. When privatized and placed under market forces, basic goods ended up in the hands of the better off. Democracy thus became for the privileged and left a large sector of humanity without any access to these essential goods. The hand of the market had no consideration for social considerations. There was a need for a global contract to guarantee essential goods to those excluded from development and progress. If not, poverty and marginalization would keep on increasing at a breathtaking rate, with the accompanying violence and social anomaly. Debt was still a reality and indebted countries transferred a large part of their GNP for its service. There was no worse injustice for exhausted populations plunged into an increasing misery. Pax Christi defended the idea of a tax on international currency transactions. The millions of dollars it could reap would help to combat the blatant violations of economic, social and cultural rights in the poorest countries and would slow down speculative financial movements with disastrous social consequences.
MOHAMMAD ARIF AAJAKIA, of the World Federation of Democratic Youth, said numerous human rights mechanisms had documented serious violations of economic, social and cultural rights in the province of Sindh in Pakistan. The findings of the Special Rapporteur had unfortunately not brought any relief to the ethnic nationalities in the province so far. The Punjabi establishment, dominating the civil society of Pakistan, had systematically usurped these nationalities of all their rights. The Sindh province contributed over seventy per cent of the total revenue generated by Pakistan to the national exchequer. Still, there were attempts to change the demography of Sindh, through the Punjabi establishment allotting the land of Sindh province to the Punjabi army officers. Never had a Mohair, Sindhi or a Baloch been allotted an inch of land in Punjab. It was imperative that the in-force 1973 Constitution of Pakistan be abrogated and a new Constitution be enacted that reflected the true spirit of the 1940 Pakistan resolution.
VISUVALINGAM KIRUPAHARAN, of the International Peace Bureau, said that the existence of the embargo imposed by the past Sri Lankan Government on the Tamil hereditary areas prevented food, medicine and essentials of daily life from reaching nearly one million internally displaced persons who suffered death, starvation and disease as a consequence. The present Government had lifted the economic embargo but all had not yet been restored to normalcy. It was hoped that the present Government would speed up the process of withdrawing the military from places of worship and schools so that the dignity of the people and their social and cultural rights could be respected and normalcy could return. According to humanitarian aid workers, the last Government laid an estimated figure of several hundred thousand landmines. In Jaffna alone, 1,763 people had lost their limbs due to the mines. The Commission was urged to request the Government of Sri Lanka to use all the means at its disposal to speed up the process of restoring the economic, social and cultural rights of the Tamil people.
DEWI ASIMAH, of the Netherlands Organization for International Development Cooperation, said the latest economic, social and cultural rights situation of the Indonesian people was getting more and more deprived. There were two key issues that were brought up, regional autonomy and crimes and offenses against victims of human rights violations. The international community through the Commission was appealed to urge the Indonesian Government to immediately ratify the International Covenant on Economic, Social and Cultural Rights, to evaluate and revise the law on regional autonomy, to become more economic, social and cultural rights oriented, to evaluate and revoke several regional regulations that were violating the economic, social and cultural rights, and to secure and fulfill labourers' right to join in organizations or unions.




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