COMMISSION ON HUMAN RIGHTS TAKES UP ECONOMIC, SOCIAL AND CULTURAL RIGHTS

Commission on Human Rights
59th session
4 April 2003
Morning




Experts on Health, Education, Food, Foreign Debt,
and Toxic Wastes Speak;
Deputy Prime Minister of Equatorial Guinea Gives Address



The Commission on Human Rights began review this morning of its agenda item on economic, social and cultural rights, hearing from Special Rapporteurs on the rights to health, education, food, and the illicit movement and dumping of toxic wastes, and from Independent Experts on foreign debt and structural-adjustment policies and on a potential draft optional protocol to the International Covenant of Economic, Social and Cultural Rights.
Paul Hunt, Special Rapporteur on the right to health, said among other things that he was concerned about the independence and integrity of health workers, as in some countries, on account of their professional activities, they had been victims of discrimination, arbitrary detention, arbitrary killings and torture, and had had their freedoms of opinion, speech and movement curtailed.
Katarina Tomasevski, Special Rapporteur on the right to education, said among other things that alarming data on the increase of self-declared racism within the European Union had led her to revise a much-declared truism -- that education was a weapon for combating racism. As education rates within the European Union were high, that accepted truth was apparently not necessarily true, she said. It was important to add human rights awareness to education, she said.
Jean Ziegler, Special Rapporteur on the right to food, said that around the world, 840 million people suffered from hunger and chronic malnourishment, around 36 million died from hunger directly or indirectly every year, and every seven seconds a child under 10 years of age died from the direct or indirect effects of hunger -- and all this happened in a world that was richer than ever before and already produced more than enough food to feed the global population but seemed totally indifferent to accomplishing that feat.
Bernard Andrew Mudho, Independent Expert on the effects on human rights of structural adjustment policies and foreign debt, said there was a considerable body of evidence that demonstrated that most policies adopted in recent decades by developing countries to face the effects of foreign debt had impacted negatively on the economic, social and cultural rights of their citizenry; and macroeconomic policies and structural reforms adopted against the backdrop of requirements for compliance with stiff external economic conditionalities had tended to exacerbate rather than reduce the incidence of poverty.
Hatam Kotrane, Independent Expert on the question of a draft optional protocol to the International Covenant of Economic, Social and Cultural Rights, said it was essential to determine the conditions under which States could be recognized as having failed to fulfil their responsibilities vis-a-vis individual citizens, and that such conditions should also indicate if a State party had violated the economic, social and cultural rights of its citizens. He recommended that the Commission set up an open-ended working group charged with the elaboration of a draft optional protocol on the International Covenant.
Fatma Zohra Ouhachi Vesely, Special Rapporteur on the illicit movement and dumping of toxic products and wastes, said she was concerned about increasing movements of electronic wastes from developed to developing countries. She also described visits made to the United States and Canada.
The Commission also heard an address by Jeremias Ondo Ngomo, Second Deputy Prime Minister of Equatorial Guinea in Charge of Social Affairs and Human Rights, who described recent elections held in the country, reviewed Government reforms, and said substantial progress had been made in promoting human rights and fundamental freedoms.
At the beginning of the extended session today, which opened at 9 a.m., consideration of the Commission's agenda item on the "Question of the violation of human rights and fundamental freedoms in any part of the world" was concluded in a flurry of rights of reply from Representatives of the Sudan, Eritrea, Thailand, Iraq, Indonesia, Malaysia, Azerbaijan, Cyprus, Singapore, Greece, Turkey, and Venezuela.
Among those offering statements from the floor as concerned countries in relation with reports submitted on economic, social and cultural rights were Representatives of the United Kingdom, Indonesia, Brazil, and Canada. The Deputy High Commissioner for Human Rights also made a statement.
The Commission, after a break between 1 and 2 p.m., is scheduled to resume its consideration, at this extended meeting, of its agenda item on economic, social and cultural rights.

Address from the Podium
JEREMIAS ONDO NGOMO, Deputy Prime Minister of the Republic of Equatorial Guinea in charge of Social Affairs and Human Rights, said the Commission should consider the question of technical assistance to Equatorial Guinea in the area of human rights. The Government of Equatorial Guinea had invited the Rapporteur on the right of freedom of opinion to carry out a visit to the country. The result of the visit was the report submitted by the Rapporteur. In light of the report, one could draw the conclusion that Equatorial Guinea had made substantial progress in reforming its legislation and promoting all human rights and fundamental freedoms. In this connection, the Government had announced that it would convene a national conference to remedy and eliminate all negative effects hindering the full realization of all human rights and fundamental freedoms.
Mr. Ngomo said that there were no prisoners of conscience in the country. The Government was combating delinquency and crime and had implemented national policies to ensure the social integration of offenders. An agreement had recently been signed with the International Committee of the Red Cross to ensure regular visits by that organization. A climate of peaceful coexistence prevailed among all parties, as evidenced by the existence of a national unity government which had emerged from the last presidential elections. These elections were held in a transparent, fair and free manner with the assistance of 100 observers. The Government had appointed a Vice Prime Minister for social affairs and human rights whose task was to protect human rights and end impunity for violations of human rights. Recently, a national conference on justice had been held to strengthen the rule of law. The conference carried out an in-depth analysis of the difficulties faced in the administration of justice and concluded that deficiency in national capacity was one obstacle the system faced. The conference recommended the training of judges and magistrates, the introduction of modern information technology programmes and the promotion of professional ethics. The Government reiterated its commitment to report periodically to the Commission on progress it achieved in promoting of human rights.

Rights of Reply on Question of Violations of Human Rights Anywhere in World
A Representative of Sudan, speaking in right of reply, referred to statements made about the situation in Darfur by non-governmental organizations. The Government of Sudan had been fully engaged for years in finding a solution to the problem through a multi-dimensional approach, namely development of water resources in the conflict areas through construction and rehabilitation of water dams and reservoirs; revival of the conventional traditional mechanisms for conflict resolution and reconciliation; and combating the illicit trade in arms. The situation in Darfur was now calm and the peaceful solution of the problem continued. Concerning the abduction of women and children, it was stressed that this had ceased as a result of the work of the Committee on the Eradication of Abduction of Women and Children.
A Representative of Eritrea, speaking in right of reply, said that he wished to convey his concern over the threat to peace in the region of Eritrea and Ethiopia. It should be recalled that Secretary-General had urged the two parties to honour their commitments. The Secretary-General also had urged international community not to be complacent. Ethiopia, however, was making it clear that it would not comply with the decisions of the Boundary Committee.
A Representative of Thailand said the World Organization against Torture yesterday would not have made allegations to do with Thailand's drug policy if it was aware of the increase in the use of meta-amphetamines in Thailand. The Government was therefore carrying out an anti-drug campaign. The Government believed that drugs were a major threat to the people of Thailand. The allegations that the police had planted evidence and engaged in arbitrary arrests was rejected. Thailand adhered to national and international human rights law and any violation of the law would be duly investigated in Thailand. Thailand was a country where the rule of law prevailed.
A Representative of Iraq, speaking in right of reply, said Iraq regretted criticism that came from Arabs or those who regarded themselves as friends of Arabs. Current events in Iraq were a scandal. The invading forces had failed to find chemical weapons in Iraq. The United Kingdom and United States apparently had believed they could colonize Iraq in a matter of days.
A Representative of Indonesia said the situation in Papua was far different than described by the NGO Franciscans International. Indonesia rejected allegations that the Indonesian Government was acting in a discriminatory fashion towards the Papuans. Papuans were playing their part in national development and held high-ranking positions. The Government was, however, duty bound to protect the territorial unity of Indonesia and to fight against separatist terrorist groups. It should be pointed out that the Government had taken several steps to improve human rights and to implement special autonomous provisions for the Papuans. That proved the Government's commitment to the Papuan people.
A Representative of Malaysia, responding to statements made by two NGOs, said the country's law on internal security was aimed at ensuring national security and public order and was not applied arbitrarily, as was claimed by the NGOs. The law provided for legal recourse against detention.
A Representative of Azerbaijan, responding to a statement by Armenia, said the events in Khojaly had been witnessed and recorded by independent international sources who had confirmed that Armenia had committed genocide against the Azerbaijani population of the town. Azerbaijani forces had not shot their own citizens. All responsibility for civilian deaths lay with Armenian forces. No reports or any other evidence showed that Azerbaijan had killed any civilians in the town. It was clear that Armenia's membership in the Commission on Human Rights ran counter to common sense.
A Representative of Cyprus said a statement by Turkey showed that Turkey's foreign policy continued to be determined by the armed forces. Despite recent positive signs, developments showed that the Turkish side remained as intransigent as ever, rejecting outright the UN Secretary-General's peace plan for Cyprus. Furthermore, the Turkish side was resorting to diplomatic maneuvers to deceive the international community. It not only rejected the UN peace plan, but also was attempting to marginalize the UN and take it out of efforts to resolve the Cyprus issue.
A Representative of Singapore said the non-governmental organization Aliran had alleged that the Singapore Government had maintained its Internal Security Act for the past four decades while arresting political opposition, civil society activists and the occasional alleged terrorist. The fact was that the Internal Security Act provided for detention without trial, but it was meant for use against persons whose activities threatened the internal security of Singapore and for counter-security threats such as racial and religious extremism, espionage, terrorism and subversion. It was a critical instrument of last resort to counter such threats. Contrary to what Aliran had alleged, the Act was not used to suppress political opposition. No opposition member of Parliament in Singapore today had ever been detained under the Act. In addition, there were important safeguards built into the Act to ensure that it was not abused.
A Representative of Greece, speaking in right of reply, said one should look at the future and not the past. Greece supported the good-offices mission of the Secretary-General in Cyprus. Greece called for the respect of all human rights and condemned the arrest of 20 Turkish Cypriot politicians and trade-union activists who had demonstrated in favour of the UN plan. Greece urged the Turkish Cypriot leadership to cooperate with the Secretary-General
A Representative of Turkey said that having listened to the statement of the Greek Cypriot administration, he still maintained that the frame of mind exposed was not encouraging. As for the question of intransigence, all had heard of the rejection of the proposal of the Turkish Cypriot leader, Mr. Denktash; that showed which side was intransigent. Turkey hoped that the proposal of Mr. Denktash could be seen as a contribution to the work of Secretary-General.
A Representative of Venezuela said the Andean Commission of Jurists had politicized human rights issues in its statement yesterday. There was a crisis in Venezuela as a result of events earlier in the year, and media reports had distorted the reality of what was going on. The Government of Venezuela respected human rights and aimed to find a long-lasting solution to the situation of the oil strike in the country.

Economic, Social and Cultural Rights
Under this agenda item, the Commission has before it a series of documents.
There is a report of the Special Rapporteur, Miloon Kothari, on adequate housing as a component of the right to an adequate standard of living and on the right to non-discrimination (E/CN.4/2003/5). The Special Rapporteur points to a need to continue to collect jurisprudence and good practices to further study the progressive implementation of the right to adequate housing, and urges States and civil society to submit relevant information to him. The report accounts for significant progress in developing dialogues with relevant treaty bodies and other special rapporteurs. It highlights several emerging issues, including water and sanitation as essential elements for the realization of the right to adequate housing; the need to undertake further research on innovative local responses to globalization in urban and rural development; the need for rights-based indicators and assessment tools for monitoring Millennium Development Goals and other relevant outcomes of major UN conferences and summits; and the right of persons with disabilities to adequate housing. There are three addenda to the report. The first (Add.1) is on a visit to the occupied Palestinian territories, the second on a mission to Romania (Add.2), and the third on a mission to Mexico (Add.3).
There is a report of Paul Hunt, Special Rapporteur on the right to the enjoyment of the highest attainable standard of physical and mental health (document E/CN.4/2003/58). In the report the Special Rapporteur outlines the sources and scope of the right to health. The report identifies three primary objectives for Mr. Hunt's mandate: to promote - and encourage others to promote - the right to health as a fundamental human right; to clarify the contours and content of the right to health; and to identify good practices for the operationalization of the right to health at the community, national and international levels. The Special Rapporteur explores these three objectives by way of two interrelated themes: the right to health and poverty; and the right to health, discrimination and stigma. The report outlines six illustrative issues that, resources permitting, the Special Rapporteur would like to examine through the prism of the right to health, namely, poverty reduction strategies, neglected diseases, impact assessments, relevant World Trade Organization agreements, mental health, and the role of health professionals.
There is a report of Katarina Tomesevski, Special Rapporteur on the right to education (E/CN.4/2003/9). The Special Rapporteur has continued prioritizing the elimination of obstacles to the progressive realisation of the right to education. Section 1 focuses on global rule of law as the foundation for human rights mainstreaming. The rights-based approach to education facilitates overcoming regulatory and institutional fragmentation and promotes cross-sectoral strategies in international cooperation. An addendum on the Special Rapporteur's mission to Indonesia (Add.1) highlights the role of education in eradicating poverty, mitigating and preventing conflict, and promoting gender equality. The growing emphasis on the quality of education, especially in its contents, has reinforced the importance of strengthening human rights safeguards in education. A second addendum on the Special Rapporteur's mission to Northern Ireland (Add.2) highlights the importance of education in rupturing intergenerational transmission of key factors that create a conflict-prone society.
There is a report of Hatem Kotrane, Independent Expert on the question of a draft optional protocol to the International Covenant on Economic, Social and Cultural Rights (E/CN.4/2003/53) on the status of the international covenants on human rights. The report focuses mainly on the three questions that the Commission requested the independent expert to study in greater depth. This includes the question of the nature and scope of States parties' obligations under the Covenant; the question of the justiciability of economic, social and cultural rights; and the question of the benefits and the practicability of a complaint mechanism under the Covenant and the issue of complementarity between different mechanisms. On this issue, the Independent Expert states that a complaint mechanism would be beneficial in that it would, among other things, ensure that effect was given to every individual's right to appeal, and contribute to the development of international law by producing a coherent body of principles covering all the rights set forth in the Covenant. He also says it would be practical if, and to the extent that, the new procedure was cost-effective and ensured the necessary complimentarity and coordination with other mechanisms.
There is a report of Bernard Mudho, Independent Expert on the effects of structural adjustment policies and foreign debt on the full enjoyment of human rights, particularly economic, social and cultural rights (E/CN.4/2003/10). The report states that Governments have tried, in adopting macroeconomic policies and structural reforms, to ensure that more attention is paid to social outcomes. However, compliance with conditionality has had an asymmetrical effect, as the incidence of poverty has not significantly fallen and in many cases, despite the apparent amelioration of the condition, the number of people living in poverty has increased. In the context of the heavily indebted poor countries and least developed countries in sub-Saharan Africa, the situation remains daunting. Hence the action plan announced by the Group of Eight Industrialized Countries (G8) at their latest summit in Canada to increase assistance to Africa must be welcomed. What is required to enable both an adequate response to the HIV/AIDS pandemic and significant poverty alleviation is for developed countries to reach the United Nations target of 0.7 per cent of GDP for development assistance, the report contends.
There is a report of Fatma-Zohra Ouhachi-Vesely, Special Rapporteur on adverse effects of the illicit movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights (E/CN.4/2003/56). The report's five sections relate to the activities of the Special Rapporteur, the observations, comments and information submitted by Government and other sources, new cases, follow-up to cases included in previous reports, and conclusions and recommendations. The Special Rapporteur highlights a new trend in the area falling within her mandate, which is the export of hazardous electronic wastes from developed countries for recycling in developing countries in Asia. The Special Rapporteur shares the view that the gravity of the problem points to the need for the strict application of existing international instruments and for the elaboration if necessary of international standards to ensure that electronic wastes are recycled in a manner that is neither harmful to workers nor destroys the environment. There is an addendum to the report (Add.1) on a mission to the United States of America, where she raised several areas of concern: ratification of international instruments relevant to the mandate; shipbreaking; the export of pesticides banned from use within the United States; toxic waste exports to maquiladoras; the export of spent lead acid batteries; and the effects of regional efforts at trade liberalization. Three further matters were brought to her attention during her mission: issues relating to migrant workers, claims of environmental racism and the particular vulnerability of indigenous peoples. There is a second addendum to her report (Add.2) on a mission to Canada, where she recommends, among other things, that the Government ratify the Ban Amendment to the Basel Convention; undertake concrete measures to ensure that Canadian exporters respect any conditions imposed on the importation of chemicals and pesticides subject to the PIC procedure, paying particular attention to difficulties encountered by developing countries; prohibit the export of pesticides unregistered for sale or use within Canada, and ensure that full consultations on all aspects of a project be conducted in an open and transparent manner.
There is a report of Special Rapporteur Jean Ziegler on the right to food (E/CN.4/2003/54). The report states that the Special Rapporteur is gravely concerned by the suffering and hunger of 38 million people across Africa. Over 2 billion people suffer from "hidden hunger" or micronutrient deficiencies, meaning, for instance, that children fail to grow and develop normally, their bodies are stunted and sometimes deformed, as are their intellectual capacities and immune systems. The Special Rapporteur reports on his activities to promote greater awareness and implementation of the right to food. The report focuses on two key initiatives being taken at the international level: the development of international "voluntary guidelines" on the right to food, under the auspices of the Food and Agriculture Organization (FAO), and the production of a new General Comment number 15 on the right to water by the Committee on Economic, Social and Cultural Rights. The Special Rapporteur believes these two groundbreaking developments will strengthen understanding of the right to food around the world and engage Governments in taking real action to eradicate hunger. The Special Rapporteur describes the process in place for receiving and responding to allegations of violations of the right to food around the world. The aim of this is to reduce the impunity that surrounds violations of the right to food. There are two addenda to this report, one on his mission to Brazil (E/CN.4/2003/54/Add.1) and the second on his mission to Bangladesh (E/CN.4/2003/54/Add.2).
There is a note by the secretariat on the effect of structural adjustment policies and foreign debt on the full enjoyment of all human rights, particularly economic, social and cultural rights (E/CN.4/2003/57). The note explains that the Chairman-designate of the working group established to elaborate policy guidelines on the above issue would need more time to carry out consultations with regional groups of States prior to the session of the working group. On the basis of this information, the fourth session of the open-ended working group on structural adjustment programmes scheduled to take place in Geneva from 11 to 22 November 2002 has been postponed pending consultations with a view to setting new dates.
There is a note by the secretariat on the right to food (E/CN.4/2003/117) which contains the report of the former High Commissioner for Human Rights, a comprehensive report on the work already done by the Special Rapporteur on this topic, and the outcome of three expert consultations convened in relation to this matter, which was delivered to the World Food Summit in 2002. The report states that fewer people are undernourished today than a decade ago. However, current data indicate that the decline in the number of people suffering from hunger has slowed. The World Food Summit should give a fresh impetus to international action and enable the international community to agree on new steps to implement the right to adequate food.
There is a written submission by the Inter-Parliamentary Union (E/CN.4/2003/131) which states that Parliaments play an essential role in ensuring that globalization, which affects peoples' daily lives, does not impede the enjoyment of their economic, social and cultural rights but rather enhances sustainable development.
There is a report by the World Health Organization on racism, racial discrimination, xenophobia and all forms of discrimination, the right to development, economic, social and cultural rights, integration of the human rights of women and a gender perspective, rights of the child, specific groups and individuals, indigenous issues, promotion and protection of human rights and effective functioning of human rights mechanism (E/CN.4/2003/122). The report outlines the relationship between health and human rights and contains examples of activities by the World Health Organization with relevance to the Commission's agenda.
There is a report by the Secretary-General pursuant to Commission on Human Rights resolution 2002/24 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 (E/CN.4/2003/46). The report highlights the recent initiatives taken by the Committee on Economic, Social and Cultural rights to further the promotion, protection and full realization of the Covenant. The report further highlights steps taken by the High Commissioner for Human Rights to strengthen the research and analytical capacities of the Office of the United Nations High Commissioner for Human Rights in the field of economic, social and cultural rights.
There is a note by the Secretariat on human rights and unilateral coercive measures (E/CN.4/2003/47). The note indicates that in its resolution 2000/22, the Commission requested the Secretary-General to bring the resolution to the attention of all Member States and to seek their views and information on the implication and negative effects of unilateral coercive measures on their populations, and to submit a report thereon to the Commission at its fifty-ninth session. The note states that in accordance with the above-mentioned resolution, a note verbale was sent to all Permanent Missions to the United Nations Office at Geneva on 1 August 2002 seeking the views of their Governments. As of 10 of December 2002, no information had been received.
There is a report by the Secretary-General on access to medication in the context of pandemics such as HIV/AIDS (E/CN.4/2003/48). The report states that around the world, some 42 million people are now living with HIV/AIDS. Important advances have been made in the availability of diagnostic tests and effective treatments to help prevent, or significantly delay, the onset of AIDS and to improve the quality of life of those affected. In particular, since 1996, anti-retroviral treatment has significantly reduced AIDS-related death rates in high-income countries. The report notes, however, that despite significant developments in recent years, including major price decreases for anti-retroviral drugs, the vast majority of people living with HIV/AIDS in low- and middle-income countries do not have access to basic medications for treating HIV-related illnesses. Improving access to treatment and care, including medication, is essential to the response to the global HIV/AIDS pandemic and to ensuring respect for the human rights of those affected. The report summarizes contributions received from States and intergovernmental and non-governmental organizations on the steps they have taken to improve access to medication in the context of HIV/AIDS. The report concludes, among other things, that much more needs to be done to ensure the realization of the right to the highest attainable standard of health for people living with and affected by HIV/AIDS, including through greater access to medication, with a comprehensive approach to prevention, treatment, care and support. This includes prevention initiatives such as access to condoms, diagnostics for the care of HIV/AIDS and related infections, food and nutrition, clean drinking water and sanitation, and social and psychological support. There is an addendum to the report (Add.1) which includes contributions from China and the European Commission on their actions to prevent and control the spread of HIV/AIDS.
There is a report of the High Commissioner for Human Rights on globalization and its impact on the full enjoyment of human rights (E/CN.4/2003/49). The report states that the theme of globalization has been treated in two regional arrangements for the promotion and protection of human rights in 2002 – in the Latin American and Caribbean region and the Asian-Pacific region. Among the themes considered were rights-based approaches to development; development, poverty reduction and non-discrimination; development and the rule of law; and human rights and trade. .
There is a note by the Secretariat on an analytical study on the fundamental principle of non-discrimination in the context of globalization (E/CN.4/2003/50). The note is submitted in response to Commission resolution 2002/28 which requested the High Commissioner for Human Rights to undertake an analytical study to clarify the fundamental 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 the process of globalization. The note states that the Office of the High Commissioner has prepared a first draft of the report and that a final report will be submitted to the sixtieth session of the Commission in 2004
There is a report of the United Nations High Commissioner for Human Rights on the promotion of the enjoyment of the cultural rights of everyone and respect for different cultural identities (E/CN.4/2003/51). The Report noted that in its resolution 2002/26, the Commission requested the High Commissioner to consult States, intergovernmental and non-governmental organizations on the possibility of appointing a special Rapporteur, the basis of whose mandate would be the comprehensive implementation of the Commission's resolution on promotion of the enjoyment of the cultural rights of everyone and respect for different cultural identities. In the same resolution, the Commission also requested the High Commissioner to report on the results of the above consultations to the Commission. The Report notes that no new information has been received concerning the above-mentioned resolutions since the Secretary-General's report to the General Assembly on human rights and cultural diversity.
There is a report on human rights and extreme poverty submitted by the Commission's Independent Expert on the question of human rights and extreme poverty, Anne-Marie Lizin. The report states that over the world as a whole the evidence of action to reduce poverty remains mixed, although there have been many positive developments in the form of States' increased willingness to tackle the question of poverty reduction and the multiplication of poverty programmes presented to donors. The report notes that the situation is deteriorating in Argentina, Mongolia, the Republic of Moldova and southern Africa, and in various countries where the fabric of States continues to unravel. The report expresses the hope that the ongoing constructive dialogue with IMF and the World Bank on the one hand and human rights bodies on the other will reinforce the coherence of multilateral action through the mainstreaming of human rights and readjustment policies. An addendum (Add.1) to the report contains information about a visit of the Independent Expert to the Dominican Republic from 3 to 6 December 2002 . The addendum notes that the Government has committed itself to an ambitious programme aimed at improving the living conditions of the poorest members of society while also providing them with the means to break the vicious circle of poverty and social exclusion through a concerted effort in the area of education.
There is a report submitted by the United Nations Development Programme (UNDP) on the right to development, economic, social and cultural rights, civil and political rights, integration of the human rights of women and the gender perspective, specific groups and individuals, and advisory services and technical cooperation in the fields of human rights (E/CN.4/2003/128). The report, the first of its kind, inaugurates a series of annual reports that UNDP intends to henceforth to submit to every session of the Commission, and thus to inform the international community about its activities in the field of human rights. The report contains a summarized account of key UNDP activities in the field of human rights, including activities to strengthen of the international human rights system and to promote the application of human rights-based approach to development. It also contains information about cooperation with the Office of the High Commissioner for Human Rights and UNDP activities in relation to resolutions of the Commission on Human Rights.
There is a report on women and adequate housing (E/CN.4/2003/55) by the Special Rapporteur adequate housing as a component of the right to an adequate standard of living, Millon Kothari. The report addresses, among other things, the issues of global recognition of the right of women to adequate housing, the gender dimension of the right to adequate housing, national legal provisions and the role of treaty bodies, United Nations agencies and civil society in protecting women's right to adequate housing. The report states that despite the recognition of gender equality and non-discrimination in various legislation at the international and national levels, in practice women are facing de facto discrimination in access to housing, land and civic services, which can be attributed to customs and tradition, lack of awareness or persistence of gender bias in the formulation and implementation of national policies.

Introduction of Report on Right to Health
PAUL HUNT, Special Rapporteur on the right to health, said the World Health Organization (WHO) recently had commissioned a survey on the right-to-health provisions of national Constitutions. According to the preliminary findings of this study, over 60 Constitutional provisions meantioned the right to health or the right to health care. In some jurisdictions these provisions had generated significant jurisprudence, such as a recent decision of the Constitutional Court of South Africa in the case of Minister of Health v. Treatment Action Campaign. A court-based approach to the right to health had an indispensable role to play - but it was only one approach to the vindication of the right to health. Another complementary approach was the policy approach - that was, bringing the right to health to bear upon local, national and international policy-making processes. While the policy approach did not depend upon court processes, it was not a soft option. It must include a commitment to listen to the powerless and marginal and to ensure effective human rights accountability.
Within his mandate, Mr. Hunt said, he proposed to focus on three objectives and two themes. The objectives were to promote - and encourage others to promote - the right to health; to clarify the legal scope of the right to health; and to identify good practices for operationalization of the right to health at the community, national and international levels. He proposed to address these objectives through the two themes of poverty and the right to health, and second, discrimination, stigma and the right to health. In his view, the mandate on the right to health would be impossible unless he worked very closely with a wide range of actors. To date, he had had fruitful meetings with a number of States, WHO, UNICEF, the United Nations Population Fund (UNFPA), UNAIDS, the World Bank, the International Monetary Fund (IMF) and a large number of health professional and civil society organizations. He stressed that his report was preliminary and its overview was not comprehensive. This morning, he had omitted mentioning important right-to-health issues that were signaled in his report, such as corruption, health impact assessments, "very neglected diseases", indicators and benchmarks, international assistance and cooperation, and so on. It was stressed that the right to health depended upon the independence and integrity of health workers. In some countries, on account of their professional activities, health workers had been victims of discrimination, arbitrary detention, arbitrary killings and torture, and had had their freedoms of opinion, speech and movement curtailed. In these circumstance, he proposed to monitor and explore the indispensable role played by health professionals in relation to the right to health.

Interactive Debate on Right to Health
A Representative of Norway asked whether the Special Rapporteur intended to study the situation of refugees and asylum-seekers with regard to the right to health.
A Representative of China noted that the right to health was a human right that concerned everyone. China hoped that the Special Rapporteur would focus in his next report on ways and means to promote realization of the right to health for the majority of the people of the world. China also hoped that the Special Rapporteur could provide more information about the realization of this right in different countries and communities. China wished to know what were the recommendations of the Special Rapporteur for ensuring respect for the right to health at the international level. China noted that drugs to deal with diseases affecting mainly developing countries were produced in developed countries. Many developing countries could not afford the fees for the licenses to produce these drugs. How could a balance be achieved between the protection of property rights and the right to health?
A Representative of Brazil asked whether the Special Rapporteur intended to continue his analysis of highly neglected diseases.
A representative of Cuba noted that the mandate of the Special Rapporteur filled a gap in work of the Commission. Cuba wondered how the Special Rapporteur intended to identify good practices for the attainment of the right to health. Cuba also would like to see the Special Rapporteur address the issue of the impact of unilateral coercive measures on the right to health, since there was a clear consensus that food and drugs should never be employed as weapons of war.
A representative of Argentina wondered how the Special Rapporteur intended to address the question of the drug industry.
The Special Rapporteur said he would not be able be answer adequately all the questions in the short time allotted to him. He would continue consultations with States on these issues. Regarding the right to health of refugees and asylum-seekers, the Special Rapporteur noted that international human rights law gave particular attention to vulnerable groups, as they suffered disproportionately from violence and discrimination. It was therefore appropriate to look at the right to health of asylum-seekers and refugees. However, it would also be very difficult to study the question in all its possible dimensions. Concerning good practices at the international level, one good practice mentioned in his report was the idea of health impact assessments. He recommended that before new national and international policies were introduced, assessments should be carried out of the likely impacts of these policies on the right to health, especially among the poor. As for the right balance between intellectual property rights and access to medicine, the Special Rapporteur said he would carry out an in-depth study of the question in his next report. Concerning neglected diseases, these diseases affected millions of poor people in developing countries and caused enormous suffering. They did not kill and therefore were not reflected in mortality figures but only in morbidity rates. The amount of research carried out to find remedies for these diseases was negligible. Pharmaceutical companies had no incentive to develop drugs against these diseases since the return was low. The market mechanism was therefore insufficient. One could therefore look to States to conduct the necessary research. However, most developing countries did not have sufficient funds to carry out such research.

Introduction of Report on Right to Education
KATARINA TOMASEVSKI, Special Rapporteur on the right to education, said what she had seen to be the best contribution of the international community to the right to education was focusing and learning to differentiate between education and the right to education. She highlighted the need to revisit the previous assumption that racism fed on ignorance, and hence that education automatically diminished racism. The alarming data on the increase of self-declared racism within the European Union had formed part of her background paper. The proportion of Europeans who declared themselves racist had grown to one-third during the past decade. As most respondents had gone through an average of nine years of education, these finding showed that education was not necessarily a weapon for combating racism. It was therefore necessary to add human rights awareness to education. There had been a big change through the recent establishment of the International Criminal Court which facilitated the protection of schoolchildren by its clear definition of attacks against them as criminal.
Her mission to Northern Ireland had brought to light the damage ensuing from the previous absence of effective safeguards against victimization of school children. The Holy Cross School in Northern Ireland epitomized difficulties in coping with the consequences of sectarian harassment affecting schoolgirls as young as four. On another issue, she said it was encouraging to see that the concept of human rights was spreading. This could be seen in the increase in letters written to the Commission and to its Special Rapporteurs. Ms. Tomasevski stressed that content as well as methods of teaching were important and needed attention. She had been saddened to receive information on corporal punishment leading to the deaths of children. It was hypocritical to talk about the right to education if the utmost had not been done to ensure compulsory and free education everywhere in the world. In this connection, she had spoken with the World Bank about free tuition and a study had been carried out which showed that a considerable number of schools in developing countries charged tuition. These schools were illegal and highlighted the need to reinforce the rule of law. She informed the Commission that her next visits would be to China and Colombia.

Interactive debate on the right to education
In a question-and-answer session, a Representative of Norway asked about trade liberalization, the right to education and the need to address international human rights law as well as trade law.
A Representative of Cuba said focus had been placed on xenophobia, discrimination and poverty. Could the Special Rapporteur recommend measures for States that faced such problems? Also, was there a connection between the full attainment of the right to education and the full attainment of civil and political rights?
A Representative of Germany said he was alarmed by the statistics referred to of those in the European Union who were self-declared racists. What was her interpretation of thess statistics?
A Representative of Algeria commented on the implementation of the Special Rapporteur's mandate and the fact that she had been forced to use personal funds to fulfil it. How could one achieve the right to education when she was forced to pay out of her own pocket to come and report to the Commission?
The Special Rapporteur said that she did not see her country visits as self-contained activities and said she aimed to engage in follow-up to them. Concerning liberalization in trade in education services, she said there was a dangerous trend that had to be faced: decreases in allocation for public education. The availability of private education was leaving only public education for those who could not afford anything else. This dual system was a result of the under-funding and impoverishment of public education.
Concerning the questions raised by Cuba, Ms. Tomasevski said she recommended a revision of the curriculum and of the whole education system. Children were not exposed enough to other regions and other country situations. There was a need for adjustment based on human rights criteria. On the second question, she said Governments had to ensure that education was available and accessible and promoted all human rights.
To the Representative of Germany, Ms. Tomasevski said the European Union deserved credit for having carried out surveys on racism and xenophobia and how to combat it. There was therefore so much more exposure than in other regions. The results required some soul searching. The negative side of the matter was that patterns of migration had brought large numbers of people from other civilizations, and European educational systems had not done enough to teach children about the contributions made by migrant communities.
Concerning her mandate and the lack of resources, Ms. Tomasevski agreed that this needed to be addressed, since her mandate was research-intensive. She would be carrying out several studies in the next few years and would focus on how gender equality affected the right to education.
BERTRAND RAMCHARAN, Deputy High Commissioner for Human Rights, said the Office of the High Commissioner for Human Rights did not accept some of the information and details contained in the report of the Special Rapporteur on the right to education. Economic, social and cultural rights were a question of high priority to the Office of the High Commissioner. The Office provided the Special Rapporteur with the same professional services that it provided to all other Special Rapporteurs. The Office had limited resources. It financed the travel of Special Rapporteurs to Geneva and to the Commission, their consultations and country visits, but it could not give what it did not have. The Office could not give every Special Rapporteur everything he or she asked for. The Office could not provide "post office services" to Special Rapporteurs. The Deputy High Commissioner said he felt that the issue raised by the Special Rapporteur should not have been brought to the attention of the Commission and he regretted that he had had to take the floor to reply.

Introduction of Report on Right to Food
JEAN ZIEGLER, Special Rapporteur on the right to food, said the right to food was a human right protected by international law. Governments had three levels of legal obligation: to respect, protect and fulfil the right to food. Yet, hunger and chronic malnutrition still sentenced millions of people to underdevelopment and early death. Even as he spoke, the war on Iraq was having severe consequences on the right to food of the Iraqi people; the food crisis in Southern Africa, Ethiopia and Eritrea, also continued to take a heavy toll, with millions of people still suffering. Around the world, 840 million people suffered from hunger and chronic malnourishment. Around 36 million people died from hunger directly or indirectly every year. Every seven seconds a child under 10 years of age died from the direct or indirect effects of hunger. The hungry were condemned to a marginal existence of hunger and poverty which was passed on through generations. All this happened in a world that was richer than ever before and already produced more than enough food to feed the global population but seemed totally indifferent to accomplishing that feat. Hunger was not a question of fate - it was a question of human inaction.
The World Food Summit had been an outright failure, Mr. Ziegler said. It had been a beggars' conference, but there had been no one to beg to since the leaders of the donor countries had not been present. A Working Group had been established which aimed to establish "Voluntary Guidelines" aimed at clarifying how to implement the right to food. For the first time, non-State actors would be involved. Multinational companies would have to be part of the project. All actors had a marked impact on food availability, including transnational multinational companies. Last year, it had become clear that the 200 largest multinational firms represented 22 per cent of the planetary output of food. These were serious players and needed to be part of the quest to ensure the right to food. Mr. Ziegler said he welcomed the inclusion the right to water within the right to food. In this connection, he welcomed the elaboration of a new General Comment number 15 by the Committee on Economic, Social and Cultural Rights.
Mr. Ziegler reviewed a visit to Brazil. His report on the trip, which was quite critical, reflected primarily on the situation under the previous Government of President Cardosa. It reflected the paradox that, although Brazil had become the world's tenth largest economy and was one of the world's largest food exporters, at the same time more than 22 million Brazilians suffered from hunger and malnutrition. Today, however, there was hope. With the election of President Luiz Inacio Lula da Silva, the situation could change. The new President had lauched a pioneering programme to eradicate hunger among Brazilians over the next four years. The President was congratulated on his exemplary commitment to eradicating hunger in Brazil. It was an example for other States around the world. Mr. Ziegler stressed that most of the recommendations in his report had been recognized and taken up by the new Government. He appealed to all international observers to recognize and support the work of President Lula, particularly in the fight to eradicate hunger in Brazil. Mr. Ziegler also focused on the violation of the right to food by the various parties to the conflict in Iraq. This situation had been brought to his attention by American, German and French non-governmental organizations, he said.

Interactive Dialogue on Right to Food
In a question-and-answer session, a Representative of Iraq said the Representative of the United States had tried to prevent the Special Rapporteur from speaking on the situation in Iraq through a point of order. Everyone knew that the oil-for food programme was an important aspect of the right to food and that there were comments to be made by the Special Rapporteur to the delegations of the United Kingdom and the United States. Were flagrant violations such as the cutting off of the networks for water supply, food supply and electricity supply allowed by international law?
A Representative of Bangladesh said Mr. Ziegler had been in Bangladesh last year and had stressed that the right to water was closely linked to the right to food. To what extent was the right to food protected by existing international instruments?
A Representative of the Democratic Republic of the Congo said the World Summit on Food had been a failure, and the time of the Commission must be spent on the realization of economic, social and cultural rights, including the right to food.
A Representative of Greece, speaking on behalf of the European Union, said more efforts were needed to reach the goal of halving the number of the world's hungry by 2015. In the report, it had been recommended that national strategies be developed to help combat hunger. What were the key elements to be included in such strategies? What challenges did women face in the realization of the right to food?
A Representative of Syrian Arab Republic said the Special Rapporteur had been interrupted by the United States as he was talking about Iraq. This was a shame, since the Commission could have benefited from his words. Could he elaborate further on this issue?
The greatest obstacle to the right to food was foreign occupation and the use of access to food as a weapon by occupiers, such as witnessed in Palestine and Iraq, said the observer of Palestine. Water in Iraq was now contaminated as a result of the foreign occupation in Iraq - a most serious violation of the right to food.
A Representative of Cuba asked if the Special Rapporteur could elaborate further on the right to water.
The Special Rapporteur, Mr. Ziegler, repeated his gratitude for the hospitality of the Government of Brazil and reiterated the need for the international community to support Brazil's programme for the eradication of hunger. He also told the Commission about the steps taken in Brazil involving human rights and the establishment of national special rapporteurs. To Iraq, he said his paper was a research paper and not an official document of the Commission. It addressed the 4th Geneva Convention and concerns about violations of international humanitarian law. With regard to the destruction of infrastructure, he said, if these allegations were true and people were forced to drink contaminated water, this would be a cause of serious of concern. Concerning the distribution of food, from whatever nationality the soldiers were, there were humanitarian laws which prohibited men in uniform from impeding the delivery of food. This could be a possible violation of relevant provisions and he urged parties to the conflict to abide by international humanitarian law.
The Special Rapporteur also said there was a need to reduce the number of people suffering from hunger. He stressed the importance of the New Partnership for Africa's Development; respect for the right to food under situations of foreign occupation; the importance of gender mainstreaming to the realization of the right to food; and the interconnectedness between the right to water and the right to food.

Introduction of Report on Draft Optional Protocol to International Convention on Economic, Social and Cultural Rights
HATEM KOTRANE, Independent Expert on the question of a draft optional protocol to the International Covenant on Economic, Social and Cultural Rights, introduced his report contained in E/CN.4/2003/53, saying the report expressed the view that States had the obligation to implement the provisions of the Covenant and each State had the obligation to respect, protect and actively realize the rights enumerated in the Covenant. The States parties were the primary entities responsible for the implementation of human rights and it was incumbent upon them to respect and promote those rights.
Mr. Kotrane said past experience had shown that implementation of international, regional and national mechanisms relating to human rights did not invoke the justiciability of those rights guaranteed under the Covenant. The progressive nature of economic, social and cultural rights indicated States parties' obligations to implement them without any reference to their justiciability. It was therefore, essential to determine the conditions in which States could be recognized as havaing failed to fulfil their responsibilities vis-a-vis the individual citizen. The conditions should also indicate if a State party had violated the economic, social and cultural rights of its citizens.
Mr. Kotrane recommended that the Commission adopt a resolution in which it would confirm its decision contained in its resolution 2002/24, and set up an open-ended working group of the Commission, which would be charged with the elaboration of a draft optional protocol on the International Covenant on Economic, Social and Cultural Rights.

Introduction of Report on Structural Adjustment Policies and Foreign Debt
BERNARD ANDREW MUDHO, Independent Expert on the effects of structural adjustment policies and foreign debt, extended profound sympathies to the Government and people of Bolivia for the tragic loss of life suffered this week in a mining landslide. Due to circumstances beyond his control, his official visit to Bolivia in May had marked a premature end to his formal activities for the period under review which mostly accounted for the brevity and incomprehensiveness of his report. While his mandate explicitly stipulated that particular attention be paid to the effects of foreign debt and policies adopted to face the problems it caused for the full enjoyment of economic, social and cultural rights, it was implicit, at best, as one tried to judge the existence of these rights per se or the level of the realization of enjoyment. There was a considerable body of evidence that demonstrated that most policies adopted in recent decades by developing countries to face the efforts of foreign debt had impacted negatively on the economic, social and cultural rights of their citizenry.
Macroeconomic policies and structural reforms adopted against the backdrop of requirements for compliance with stiff external conditionalities had tended to exacerbate rather than reduce the incidence of poverty. With respect to measures taken by Governments, the private sector and international financial institutions to alleviate such effects in developing countries, analysis of the parallel efforts of the World Bank and the International Monetary Fund did not give much cause for comfort. The situation was made even grimmer by the increasingly uncertain future of the Doha Round of trade negotiations. History showed that human rights had best thrived in democracies. And experience confirmed that democratic societies tended to be those with the highest levels of attainment of economic, social and cultural rights. Greater attention to the promotion of these rights might better guarantee realization of democracy, along with a just and peaceful world in which all human rights were respected and enjoyed by all. To this end, bearing in mind the fact that HIV/AIDS, malaria and tuberculosis had been identified as the diseases that disproportionately affected developing countries and constituted the greatest human rights and health challenges in Sub-Saharan Africa, he intended to pay more attention to this issue in his future work.

Interactive Debate on Foreign Debt and Structural Adjustment Policies
A Representative of Uganda asked if there were new initiatives, particularly involving the international financial institutions, on the issue of debt reduction for developing countries and against the negative impact of debt on the enjoyment of human rights.
A Representative of Cuba asked if the current programme for structural adjustment and debt alleviation was sufficient to realize the economic, social and cultural rights of developing countries, particularly heavily indebted ones.
Responding, the Independent Expert, Mr. Mudho, said the World Bank, under its new poverty-eradication strategy paper, had been looking into the programmes of countries to see if they contained poverty eradication provisions. A friendly approach also should be included in the poverty eradication efforts of international financial institutions, he said.

Introduction of Report on Illicit Movement and Dumping of Toxic Products
FATMA-ZOHRA OUHACHI-VESELY, Special Rapporteur on the adverse effects of the illicit movement and dumping of toxic and dangerous products and wastes, said that in her annual report she talked about activities undertaken, new developments, and new contributions. She had attended interesting meetings, namely one by an Argentine non-governmental organization, and another meeting on the Basel Conventions aiming to assess the problems of combating the illicit transfers of such goods, including electronic waste. Two positive elements had been the adoption of a mechanism to promote the implementation of the Basel Convention and the signature of a partnership agreement whereby private companies had agreed to take over the responsibility for disposing of used mobile phones. She thanked all States that had provided information to her in the exercise of her mandate. She expressed concern about an incident which had led to the death of innocent Haitian and stressed that she thought the compensation provided was laughable. She also expressed concern about increasing movements of electronic waste from developed to developing countries.
During a mission to the United States of America, the Special Rapporteur said, she had raised several areas of concern: ratification of international instruments relevant to her mandate; shipbreaking; the export of pesticides banned from use within the United States; toxic waste exports to maquiladoras; the export of spent lead acid batteries; and the effects of regional efforts at trade liberalization. Three further matters were brought to her attention during the mission: issues relating to migrant workers, claims of environmental racism and the particular vulnerability of indigenous peoples. During a visit to Canada she had recommended, among other things, that the Government ratify the Ban Amendment to the Basel Convention; undertake concrete measures to ensure that Canadian exporters respected any conditions imposed on the importation of chemicals and pesticides subject to the PIC procedure, paying particular attention to difficulties encountered by developing countries; prohibit the export of pesticides unregistered for sale or use within Canada, and that the Government ensure full consultation on all aspects of a project be conducted in an open and transparent manner.

Statements by Concerned Countries on Reports Submitted
AUDREY GLOVER (United Kingdom) thanked the Special Rapporteur on the right to education for her report and said the United Kingdom had prepared an official response to her findings on the situation in Northern Ireland and this official document would be distributed to members of the Commission.
DJISMUN KASRI (Indonesia) said Indonesia placed the highest priority on the realization of the right to education. In this period of transition, however, it was a field in which Indonesia faced formidable challenge resulting from a combination of factors, particularly the impact of the economic crisis which had affected the country since 1998, considerably weakening its capacity to meet its obligation to fulfill the right to education of every citizen. One of the major developments registered in the reform of Indonesia's system of education was the adoption of the Fourth Amendment to the Constitution on 10 August 2002. The newly amended Constitution not only guaranteed every Indonesian's right to education, but also the corresponding obligation of the State in this regard. Article 31 stipulated the Government's obligation to ensure the fulfillment of the right of every citizen to basic education, as well as the financial responsibility which this fulfillment entailed. In addition, the State must develop and implement a national education system and earmark at least 20 per cent of its own and local government budgets to meet the system's requirements.
The Government of Indonesia was well aware that many challenges still needed to be overcome, particularly in view of the pivotal role of education in the fight against poverty and in the promotion of national development. The situation was now being vigorously addressed, not only by means of a considerable increase in the share of the national budget allocated to education, but also through the introduction of important measures geared towards making education available to all Indonesians, with particular attention to the full realization of the compulsory minimum period of 9 years of primary education, with an emphasis on quality and efficiency.
HILDEBRANDO TADEU VALADARES (Brazil) said that since the end of the authoritarian regime in 1985 and the return of Brazil to democracy, the promotion and protection of human rights had become a Constitutional imperative and a State policy. Combating hunger was a priority issue for the Government. A concerted effort was under way to ensure that every Brazilian had at least three meals per day by the end of President Lula's term. This meant the eradication of poverty, a social pathology that affected the daily lives of 22 million out of the total 170 million inhabitants of Brazil.
Brazil supported cooperation and dialogue with all United Nations human rights mechanisms, whether conventional or extra-conventional. Brazil believed that no country could place itself above the scrutiny of the international community, because by doing so it would be denying the universality of human rights and the legitimate concerns of the international community as recognized in the Vienna Declaration and Program of Action. The Brazilian Government would examine in an attentive and detailed manner the report of the Special Rapporteur on the right to food, in particular his recommendations. His report constituted a useful tool for guiding the discussion, adoption and implementation of public policies for the promotion and protection of human rights in general, and the right to food in particular. The Brazilian Government would soon forward to the Special Rapporteur a text that outlined its "Programme Zero Hunger".
CHRISTOPHER WESTDAL (Canada) said that during her visit to Canada, the Special Rapporteur on the illict transfer of toxic wastes had raised legitimate concerns with Government representatives about the illicit movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights. Overall, the addendum to the report of the Special Rapporteur represented a fair and accurate description of the situation of hazardous products and waste management in Canada. Canada recognized that it was a difficult undertaking to report on such a wide range of issues in a country with federal, provincial and territorial Constitutional intricacies. Canada took good note of the findings and recommendations of the Special Rapporteur in the report's addendum on her mission to Canada and would like to address some issues mentioned therein.
The Special Rapporteur addressed her concerns with respect to electronic wastes and allegations that Canada had exported electronic wastes to China. It late November 2002, Canada had received confirmation from the Basel Secretariat that China had banned from imports a list of goods including waste computers. In accordance with its obligations, Canada had advised the Canadian electronics and recycling industry not to export such waste. The Special Rapporteur was encouraged to bring her human rights' perspective on the illicit movement and dumping of toxic and dangerous products and wastes to existing international environmental fora.



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