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03 April 2000
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Commission on Human Rights
56th session
3 March 2000
Afternoon
Minister for Foreign Affairs of Norway, Special Rapporteur on Education
Speak Before Commission on Human Rights
Debate on economic, social and cultural rights continued this afternoon with a series of countries and non-governmental organizations (NGOs) telling the Commission on Human Rights that more had to be done to battle poverty and that a prime obstacle to improving the lives of millions was the crippling external debt owed by many of the world's poorest nations.
Thorbjorn Jagland, Minister for Foreign Affairs of Norway, in an address, said large-scale human-rights violations were not merely the product of civil and ethnic conflict but were also a major factor behind such conflicts -- that Governments that continued to disregard basic human-rights norms deprived their populations not only of political freedom but also of improved economic conditions.
Katarina Tomasevski, the Commission's Special Rapporteur on the right to education, said that while it was generally agreed that primary education ought to be universal, compulsory, and free of charge, a survey she had carried out indicated that primary education in practice was not compulsory in at least 48 countries. A major reason was expense, she said -- and declining levels of official development aid since the early 1990s did not offer good prospects for overcoming shortages of educational funding.
Her remarks were echoed by a representative of Panama, speaking on behalf of the Central American Group, who said that poverty and lack of education were the worst enemies of the development of economic, social and cultural rights.
Numerous speakers called for greater efforts by creditor nations to reduce the debt burdens of poor countries. A representative of Caritas International went on to add that debt relief was not the only aspect of fighting poverty -- debt-relief programmes had to be accompanied by sound economic policies and good governance, and the results of debt-relief programmes had to benefit the poorest.
A representative of the World Federation of United Nations Associations drew attention to the "appalling" situation of Sub-Saharan Africa, where 40.6 per cent of the population lived below the poverty line; 34.6 per cent were not expected to survive to age 42; immunization of children against tuberculosis and measles was 67 and 53 per cent, respectively; 50 per cent of inhabitants had no access to safe water; 32 per cent of children under age five were underweight; and there was a mortality rate of 169 per 1000 live births.
Addressing the afternoon meeting were representatives of Panama, Malaysia, Honduras, San Marino, Habitat International Coalition, Egypt, Bolivia, Food and Agriculture Organization, Uruguay, Iran, and Yemen.
The following NGOs delivered statements: International Federation of University Women (on behalf of several other NGOs); International Federation of Rural Adult Catholic Movements; Caritas International; International Save the Children Alliance; World Federation of United Nations Associations; International Federation of Human Rights Leagues; Union of Arab Jurists; Asian Legal Resource Centre; Centre on Housing Rights and Evictions; Centre Europe - Tiers Monde; Pax Romana; International Movement of the Apostolate in the Independent Social Milieus; and Liberation.
The United States, United Kingdom, and Iraq spoke in exercise of the right of reply.
The Commission will reconvene at 10 a.m. Tuesday, 4 April, to continue its discussion of economic, social and cultural rights.
Economic, Social and Cultural Rights
Under this agenda item, the Commission has before it a progress report by Special Rapporteur Katarina Tomasevski on the right to education (E/CN.4/2000/6). The report highlights, among other things, the difficulties in the realization of the right to education, ranging from financial obstacles, especially at the level of primary education, to the lack of coherence in international aid policies targeting education. Adopting a 4-A scheme (availability, accessibility, acceptability and adaptability) the Special Rapporteur analyses governmental obligations corresponding to the right to education. In analysing the availability of schooling, the report looks into State and non-State schooling and the human rights jurisprudence relating to State funding for private schools. It also discusses school vouchers and highlights key facets of the persistently inadequate attention to teachers in international and domestic education strategies. The report focuses on school fees in examining accessibility and on pregnancy as disciplinary offense in analysing acceptability. The final section addresses the implications for human rights of a productiveness view of education. Two addenda to the report contain an account of the Special Rapporteur's mission to Uganda (Add.1) and the United Kingdom of Great Britain and Northern Ireland (Add.2).
In the summarized account of her mission to Uganda, the Special Rapporteur says that the objectives of the visit were to assess the realization of the right to education in that country, especially at the primary level. The Special Rapporteur highlights, among other things, the huge challenge which Uganda is facing in ensuring the availability of schools and teachers for its youthful population. The report concludes, among other things, that securing access to school for girls has been prioritized, while the shift to inclusive education promises access to school for children with disabilities.
In the summarized account of her mission to the United Kingdom of Great Britain and Northern Ireland, the Special Rapporteur states that the mission, inspired by the United Kingdom's rights-based education, focuses on the international and domestic facets of the right to education.
Statements
THORBJORN JAGLAND, Minister for Foreign Affairs of Norway, said many of the problems the world had to face were directly related to the fact that the very human rights and democratic principles the international community had committed itself to were not being lived up to. Human rights was basically about human dignity - about protecting the individual against oppression and exploitation, poverty and injustice, marginalization and degradation. The struggle for civil and political rights, for social, economic and cultural rights, was part of the same struggle for human dignity.
Large-scale human-rights violations were not merely the product of civil and ethnic conflict, they were also a major factor behind such conflicts. Governments that continued to disregard basic human rights norms deprived their populations not only of political freedom, but also of improved economic conditions. The right to life was the most fundamental of human rights and capital punishment was therefore unacceptable. Racism and discrimination were found in all countries of the world, including Norway. Combatting racism was above all a matter of raising awareness and changing attitudes. In the fight against racism and discrimination, national action had to be supplemented by international efforts. In this regard, the World Conference in South Africa in 2001 would be crucial in the struggle against racism and for equality and opportunity for all. Combatting poverty was another matter of priority, as was the right to development. It was a sad fact that most industrialized countries were far below the agreed target of 0.7 per cent of GDP for international development aid.
Norway called for the establishment of a mechanism which could provide advice to Governments on implementation of the Declaration on Human Rights Defenders. All States were urged to ratify the Rome Statute of the International Criminal Court, which would be a significant deterrent to the most serious international crimes. On the issue of protection of human rights, children were the most vulnerable and needed special attention. Each year more than 3 million children died from curable diseases. That was unacceptable and therefore Norway was prepared to give a substantial contribution to the global vaccination programme.
KATARINA TOMASEVSKI, Special Rapporteur on the right to education, said her mission in recent times had taken her to Uganda and United Kingdom where she found the implementation of education being rights-oriented. In Uganda, UNICEF's leadership in rights-based programming had demonstrated that mainstreaming human rights was both possible and immensely useful. She said that recent developments revealed that aid flows were continuously diminishing and the downward trend which had started in 1992 showed no signs of reversal.
Ms. Tomasevski said the three facets which international human-rights law emphasized, namely that primary education ought to be universal, compulsory and free of charge, required an exercise in global stocktaking. She said she carried out an initial survey to determine the state of the right to education worldwide. Looking at the requirement that primary education be made compulsory, her survey had revealed that primary education was in practice not compulsory in at least 48 countries; and the challenge was thus enormous.
She said the importance which the Commission had attached to the elimination of financial obstacles for the realization of the right to education had led her to map out the pattern of school fees in primary schooling. She said she did a survey of States' reports under the human-rights treaties and their examination by the treaty bodies and supplemented them by documents generated by UN agencies. The survey showed States' lack of capacity to finance education as the driving force behind the charging of school fees. In her view, that reinforced the need to mainstream the human-rights approach in education from the local to the global level so as to simultaneously enhance both the capacity and the willingness of all relevant actors to prioritize education.
A. E. BELIZ (Panama), speaking on behalf of the Group of Central American States, said the realization of economic, social and cultural rights was linked to social development and development programmes. The Governments of the region were taking steps to provide employment opportunities and to eradicate poverty. A more dynamic commitment by the international community was required for effective results in this field. Poverty and the lack of education were the worst enemies of development and economic, social and cultural rights.
The delegation of Panama welcomed the reports of the independent expert and the special rapporteur. They clearly showed the negative consequences of foreign debt on the realization of economic, social and cultural rights. The Panamanian economy was dramatically weighed down by foreign debt, making it impossible to reconstruct and rehabilitate areas hit by Hurricane Mitch. The accumulation of maintenance costs continued, even after unforeseen natural disasters. The Governments of the region were working actively in promoting human rights in adherence with the Vienna Declaration. The help of the international community was needed to reduce the burden of foreign debt. The example of Brazil mentioned in the reports was strongly supported. Integrated programmes to eradicate poverty through the creation of jobs were needed. Countries in the region were promoting the eradication of poverty, which was seen as the only way to realize economic, social and cultural rights. Freedom and the promotion of human rights was the sustaining factor in this battle.
ZAINAL RAJA NUSHIRWAN (Malaysia) said there was consensus that one set of rights would be incomplete without the other. There were, however, different approaches between them. In the sphere of economic, social and cultural rights, obligations were promotional -- the necessary conditions for the full realization of these rights had to be promoted. This was true especially in developing countries through the provision of the necessary infrastructure. As a result of the lack of resources in developing countries, economic, social and cultural rights, perhaps more than civil and political rights, were dependent on international cooperation for their realization. Malaysia proposed greater international partnerships for the realization of economic, social and cultural rights. The references made to the international dimension by the Special Rapporteur on the right to education were welcomed.
The Malaysian delegation expressed its dismay at the proposal made by the Independent Expert on structural adjustment policies and the Special Rapporteur on the effects of foreign debt that the two mandates should be merged. The further development of economic, social and cultural rights was best served when kept seperate. It was recommended that Office of the High Commissioner for Human Rights (OHCHR) strengthen its internal research and analytical capacity through, among other things, the use of the resources of the Subcommission on the Promotion and Protection of Human Rights.
GRACIBEL BU FIGUEROA (Honduras) welcomed the joint report by the Special Rapporteur on external debt and the Independent Expert on structural adjustment which clearly reflected the situation in Honduras subsequent to the disaster provoked by Hurricane Mitch. The report reflected the current situation in Honduras whose foreign debt amounted to 93 per cent of GDP. Currently, expectations concerning foreign-debt relief were strong following the decision by World Bank to make Hondorus eligible to benefit from the initiative in favour of heavily indebted poor countries, and debt reduction.
From 1990 onward the Government had been pursuing a structural-adjustment policy designed to improve the macro-economic situation of the country, reduce the size of the public sector and give incentive to the private sector. These measures entailed a negative impact on the population, in particular the most vulnerable segments. The Government had adopted a series of measures and policies to alleviate the impact of the adjustment programme on the population. The task was not easy, however, due to the country's limited resources. In Honduras, 66 per cent of the population lived under the poverty line. Poverty alleviation had thus become the foremost preoccupation of the Government.
FEDERICA BIGI (San Marino) said it was not new to say that for several years, foreign debt had constituted for a number of countries an extremely grave problem which limited the possibilities and capacities of nations to develop economically and socially. The imbalanced difference between the rich and the poor countries, in which the rich became more rich while a great number of poor countries became more poor, and lived in situations where it was almost impossible to envisage equitable economic growth, was also to be observed.
Conscious of the tragic character of the situation in parts of the world, San Marino had fully supported the initiatives of the creditor countries and international financial institutions to alleviate or to cancel the external debts of the developing countries. However, the initiative to date seemed modest considering the dimensions and gravity of the problem.
LARS LUDVIGSEN, of the Habitat International Coalition, said an estimated 1 billion people in the world were not adequately housed and more than 100 million were homeless. In 1996, Habitat II had adopted a global plan of action, the Habitat Agenda. One of the two themes were adequate housing for all and its goal was to improve living and working conditions on an equitable and sustainable basis. While the organization stated the objectives and commitments made, it was also careful not to create unrealistic expectations. Only a progressive realization was possible. Governments had an obligation to create an environment where this could be achieved.
Last year, the 17th session of the Commission on Human Settlements had endorsed a new strategic vision which proposed the promotion of secure tenure as a fundamental component of any housing policy and as a basis for new partnerships between Governments and the urban poor. Emphasis was placed on strategic building and operational partnerships between different levels of Government, United Nations organizations, the private sector, NGOs and community-based organizations. Secure tenure had been highlighted as one of the fundamental elements of a package of housing rights and the Commission was called upon to appoint a Special Rapporteur on housing rights. This would increase the impact and success of the Global Campaign on Secure Tenure, including the United Nations Housing Rights Programme.
FAYZA ABOULNAGA (Egypt) said the gap between the realization of civil and political rights and social and cultural and economic rights had widened. The number of people suffering poverty grew daily despite the fact that they lived in the most prosperous world since the dawn of time. Developing countries were faced with numerous obstacles in ensuring both the civil and political rights and the social, cultural and economic rights of their citizens. These obstacles included in particular foreign debt and the unjust international economic system.
In this regard, it was worth noting that the question of debt forgiveness was a priority item of the summit meeting between Europe and Africa which had opened today.
SILVIA AVILA SEIFERT (Bolivia) said her country's Constitution had affirmed the multi-ethnic and pluri-cultural character of society, recognizing the rights to work, to family, social security, education, and health, as well as recognizing the rights of indigenous communities to their land.
Over the last decade, Bolivia had devoted much effort to a profound economic, legislative, judicial, institutional and administrative transformation with the objective of guaranteeing the economic, social and cultural rights of its population. Among other things, a law on popular participation had given autonomy to municipalities to administer their own affairs, and to plan and implement popular decisions in matters concerning them. A popular defense institution had also been given Constitutional status in defending, promoting and realizing the rights of citizens. In addition, a law against intra-family violence had created a system for protecting children and adolescents. It had also created a legal service through which the family was protected.
THEMBA MASUKLL, of the Food and Agriculture Organization (FAO), said three years ago, at the World Food Summit, an ambitious agenda had been adopted to halve the number of people malnourished by the year 2015. The Summit also had recognized the right of everyone to adequate food and nutrition. Last year had witnessed a seminar on the policies of rights-based approaches to food and nutrition, the adoption of a general comment on the right to food by the Committee on Economic, Social and Cultural Rights, and an updated study by the Subcommission.
These were great steps in the right direction, but implementation at the national level was still inadequate. The FAO stressed the responsibility of the State in such matters. Still, efforts had to be strengthened on all levels. Those States that had adopted a Constitutional provision on the right to food were advised to give practical effect to it in national legislation. The donor community was encouraged to support such efforts, and the FAO volunteered to undertake such exercises on a pilot basis to start with.
FEDERICO PERAZZO SCAPINO (Uruguay) said that the United Nations Development Programme (UNDP) ranked Uruguay number 40 out of 174 in terms of life expectancy, education and income. Uruguay was the one of the Latin American countries which had invested the most in social policies, and it had one of the lowest levels of poverty in Latin America. The number of poor households had decreased substantially in the 1990s, as had the number of households living in conditions of extreme poverty (currently less than 1 per cent of the population). These social indicators had been achieved through actions designed to protect the most vulnerable segments of society and to ensure an increased price stability, which had led to considerable poverty reduction.
On the right to education, priority had been given to the construction of schools in areas of high growth of school-age population and areas of low sociocultural levels. The State also guaranteed education to all sectors of society. On structural adjustment, Uruguay accorded great importance to the work of the Working Group on Structural Adjustment Programmes and supported the recommendations contained in the joint report by the Special Rapporteur on external debt and the Independent Expert on structural adjustment. The Uruguayan Government guaranteed food to the most needy, some 24,000 throughout the country.
ALI KHORAM (Iran) said the imbalance between economic, social and cultural rights and civil and political rights continued, leading to increasing gaps between the developed and the developing world. There was a growing concern within the countries of the South over the tendencies of the Commission, which seemed to place more emphasis on civil and political rights at the expense of economic, social and cultural rights and the right to development. It would thus be fair to say that the Vienna Declaration and Programme of Action was unjustifiably bypassed, if not fully ignored - - especially the part which stipulated that "all human rights were universal, indivisible and interdependent and interrelated" and said "the international community must treat human rights globally in a fair and equal manner on the same footing and with the same emphasis".
Another obstacle for the developing countries was foreign debt. Assistance should be rendered them to supplement the efforts of the Governments of such countries to attain the full realization of the economic, social and cultural rights of their people.
MOHAMED SAEED AL-ATTAR (Yemen) said that since the beginning of 1995 the Yemeni Government had applied an economic and financial plan in cooperation with the World Bank and the International Monetary Fund which had resulted in a lessening of the budget deficit and a drop in the balance-of-payments deficit. However, living conditions for the most vulnerable had worsened with each stage of price reform. There was increased poverty in general, and particular problems involving salaries and employment. Nominal salaries had doubled but real salaries had suffered a 70 per cent drop. Unemployment had increased 0.5 per cent annually. The Government had taken several steps, including setting up an employment programme and social safety nets which helped some 50,000 families. Indirect support had also been given to the 40 per cent of the population which lived below the poverty line.
Despite the assistance, more effort was needed to supply people with sufficient food and nutrition. Creditor countries were called upon to take less-stringent measures with indebted countries. The Commission was urged to ensure the application of the resolution of the roundtables in San Marino and appoint a Special Rapporteur to address this issue, which was central to human rights.
MURIEL JOYE, of International Federation of University Women, speaking on behalf of 12 NGOs, called on all Governments to ratify the Convention against all Forms of discrimination against Women and ILO Conventions on equality as well as the Convention on the Rights of the Child. It was important that emerging issues such as globalization and the rising new economy based on information, communication and technology be reviewed from the perspective of opportunities and challenges. It was equally important to envision legislative and regulatory machineries that would ensure women's equality in the world of work. The revision of the convention on Maternity
Protection constituted a rights-based approach reconciling the reproductive and productive rights of women. It was essential to implement gender mainstreaming at all levels of society, as women and girls still had very limited access to education.
Within the UN system, gender disaggregated data were not systematically provided to render visibility to gender equality. Both State parties and the UN were therefore urged to introduce institutional mechanised to ensure a systematic analyses on the basis of gender. At present, the discrimination gap in the ownership and control of property was one of the single most critical contributors to the gender gap in economic well-being, social status and empowerment. Today, the world had more than 40 million refugees and internally displaced persons. This uprooted condition provided Governments and international organizations a unique opportunity to ensure that women were provided equal rights to land, property and housing as resettlement occurred. Such equal rights were essential for enabling women to protect themselves and their children from all forms of exploitation.
PIERRE MIOT, of the International Federation of Rural Adult Catholic Movements, said the realization of economic, social and cultural rights had been gravely affected by the development of new technologies emanating from biological research, particularly when it was applied to agriculture. Genetically modified organisms had been taken as solutions to the agricultural problems of tomorrow and at times as a response to the problem of famine in the world, when in fact such organisms were endangering the essential rights of peasants and having a negative impact on the environment.
These new methods had also affected the right of all peoples to determine for themselves the kinds of food they wished to produce and eat. In addition, the production and commercialization of the methods of genetically modified agriculture would oblige all citizens to face fundamental questions such what kind of agriculture to promote and what modes of consumption to favour.
MARY TOM, of Caritas International, said the organization consisted of 158 national organizations which sought to spread solidarity and enhance social justice. Debt relief was not the only aspect of fighting poverty -- debt-relief programmes had to be accompanied by sound economic policies and good governance. The benefits of debt-relief programmes had to benefit the poorest through a sustained and comprehensive framework of investment in humanity through education and health care.
The external debts of many countries had reached intolerable levels, stifling all economic and social development. The organization referred to a Security Council Presidential Statement on preventive action against threats to international peace and security. The statement highlighted that economic, social, cultural and humanitarian problems were often the root causes of armed conflict, and the need to eradicate poverty, strengthen development cooperation and assistance, and to promote respect for human rights and fundamental freedoms was critical.
KALLE ELOFSSON, of International Save the Children Alliance, said economic policies affected the rights to education, health, leisure and the right not to be exploited in hazardous work. Getting economic decisions right was crucial for children. Policies that appeared to have very little impact on children were often against the best interests of the child. The process of integration and globalization had in EU countries led to more flexible labour-market policies than in the past. In some cases this had been disruptive to family life and a euphemism for short-term contracts and insecurity.
Many EU trade agreements had a human-rights clause, but these clauses rarely if ever included children. Concerning fiscal policies, it was sometimes hard or impossible to determine how much of a country's resources were allocated to children because of lack of budget transparency. In the EU budget, children appeared in only six minor budget lines and there was no child focus within the EU's overall development budget. No macroeconomic policies were child-neutral; on the contrary, they tended to be child-blind or in favour of adults.
HORACE PERERA, of the World Federation of United Nations Associations, drew attention to the appalling extent to which a large majority of the peoples of Sub-Saharan Africa were not enjoying their economic, social and cultural rights. In the threefold classification of countries as high, medium and low in the "Human Development Report of 1999" of the thirty-five listed under low, 26 were from Sub-Saharan Africa. Among the population there, 40.6 per cent lived below the poverty line and 34.6 per cent were not expected to survive to the age of 42.
Immunization of children against tuberculosis and measles was 67 and 53 per cent, respectively; 50 per cent had no access to safe water; 32 per cent of children under age five were underweight, and there was a mortality rate of 169 per 1000 live births. While the primary responsibility for remedying the situation rested on the countries concerned, the international community had a stake in the development of Africa and should not allow it to be marginalized as had been done and was shamefully demonstrated before and during the genocide of Rwanda.
VERONIQUE MWEBWE NTUMBA, of the International Federation of Human Rights Leagues, said economic, social and cultural rights had been largely ignored in the past. The Commission must take these rights seriously, as the process of globalization more than ever threatened human rights. There were new actors in the international arena, such as multinational companies and financial institutions, which had brought about the shrinking of the State and particularly the responsibility of the State for protecting, promoting and guaranteeing economic, social and cultural rights. The Federation suggested that international economic treaties be subject to human-rights legislation. Trade was not to be an end in itself but should respect sustainable development and human rights.
The Commission was called upon to provide mechanisms for the monitoring of international economic treaties and ensuring that they adhered to the principles elaborated in Universal Declaration of Human Rights. Formal cooperation between the High Commissioner for Human Rights and the World Trade Organization could also serve to promote human rights, particularly economic, social and cultural rights. The role of the Commission in this context would be pivotal. The role of the State had changed, and it was therefore necessary to redefine the responsibility of the State, as it was still the main actor responsible for the promotion of human rights.
LAURENCE DEONNA, of Union of Arab Jurists, speaking on behalf of several NGOs, said that the economic sanctions imposed on Iraq ten years ago following the Gulf War had affected the most vulnerable segments of the population. The sanctions prevented Iraq from exploiting its natural resources and hindered development of its economy. An entire generation of Iraqis had grown up weakened physically and mentally as a result of lack food and care.
The sanctions amounted to gross violations of human rights as they deprived the people of Iraq of their means of subsistence. At a recently held conference in Geneva called Iraq + depleted uranium = genocide, scientists denounced the effects of depleted uranium on the Iraqi population. The Commission was urged to demand that the embargo against Iraq be lifted immediately.
MARK TAMTHAI, of Asian Legal Resource Centre, said the Government of Myanmar had failed to respect the economic, social and cultural rights of its people and to protect the natural resources, the labour and the freedom by which people obtained food. In the name of national security, the army had burned food and crops, displaced civilians and relocated communities to areas unfit for sustaining their livelihoods.
The military made persistent, onerous demands for rice, foodstuffs, material and labour. People had to flee to the forests without reliable food supply, proper housing or health care. Hunger, illness and death ensued. The State had consistently and consciously violated the right to work, as documented by the International Labour Office.
CAROLINE LAMBERT, of the Centre on Housing Rights and Evictions, said there were more than 1 billion men, women, young persons and children worldwide who were inadequately housed, over 100 million homeless, and between 10 and 14 million who were currently facing forced eviction. Forced eviction was always violent, whether part of a war strategy or not, and usually did not include the restitution of housing, land and property. The Centre also highlighted women's poverty and its impact on their rights to rent, lease and own land, property and housing. The right to housing, including the right to be free from forced eviction, the right to secure tenure and the right to equality, were enshrined in many international human rights instruments and declarations.
The organization urged the Commission to adopt the resolution sponsored by Germany on economic, social and cultural rights and to appoint a Special Rapporteur on housing rights. The Commission was also called upon to adopt the resolution sponsored by Mexico on women and the rights to land, property and housing. The Commission was also encouraged to consider adopting two thematic resolutions, one on the right to housing and property restitution for internally displaced people and refugees, and a resolution on forced eviction expanding upon Commission resolution 1993/77.
MALIK OZDEN, of Centre Europe-Tiers Monde, recalled that the G-7 had declared an initiative in favour of the heavily indebted developing countries in June 1999, which would allow the alleviation of some US$ 70 billion in debt. That amount was considered to be up to 90 per cent of the debts of some poor countries. Up to now, the declaration had had little effect.
In fact, as was underlined by the Special Rapporteur on external debt and its impact on human rights and the Independent Expert on the policies of structural adjustment, the initiative of the G-7 was taken hostage by the conditions imposed by the World Bank and the International Monetary Fund. In fact, among the 41 countries cited by the G-7, those which could not fulfil the conditions fixed for writing off their debts were many. Only Bolivia, Uganda and Mauritania had so far benefited from reductions in debt burdens. The initiative had only reduced 1.2 per cent of the total debt of the developing countries.
R. J. RAJKUMAR, of Pax Romana, said that when his organization convoked an international colloquium on the global economy and a dialogue with the international financial institutions in Washington, DC, in October 1999, it had stated that the global economy as it was taking shape today contained powerful positive forces as well as deep pathologies. It revealed a bizarre combination of giddy optimism and deep fear.
Pax Romana was struck by the keen willingness of the heads of those financial institutions to enter into genuine dialogue with civil society. However, one sometimes discovered disappointing gaps between the visions and the ground reality of those institutions. Their financial mechanisms often functioned almost automatically, thus accentuating the situation of wealth for some and poverty for the rest. The reality was that international economic laws had evolved separately and were not based on human rights.
GILBERT ROSSARY, of the International Movement of Apostolate in the Independent Social Milieus, said that the organization worked to increase the attention given to vulnerable groups, attitudes towards the poor, and the promotion of human rights. Eradicating poverty was one of the most important mediums for promoting human rights. It was in the long-term interest of everyone, and States were encouraged to respect their commitments. The movement was concerned about developments in the World Trade Organization, particularly the lack of consistency countries displayed when dealing with WTO, ILO, and ECOSOC.
The organization recognized that the WTO represented the promise of ending unregulated trade. However, the WTO should listen to the priorities of the international community, which were the eradication of poverty and the promotion of good governance. The organization proposed to the Commission that appropriate means be undertaken to ensure consistency in the work of the WTO. The organization also recommended that the High Commissioner engage in dialogue with the WTO along the same lines.
MARGARET BOWDEN of Liberation, said the arbitrary division of civil and political from social, cultural and economic rights had proved detrimental, as had been witnessed in Indonesia, where socio-economic deprivation had led to civil and political unrest.
In Africa, there was no doubt that the crisis facing the continent in its two-fold structure -- the enormous debt burden and the HIV/AIDS pandemic -- had been acknowledged too little and too late by the richer countries. Liberation noted with great interest the Commission's criticism of some of the leaders of African and other countries who wilfully failed to address the reality of the HIV/AIDS pandemic, as it was often these same leaders of regimes that had incurred massive debts with the richer countries in order to buy the necessary military equipment to repress their own populations. Concerning Indonesia, investment projects such as factories, plantations and mines had not only destroyed natural resources but also caused human-rights violations, including the destruction of the livelihoods of indigenous and local peoples.
Rights of reply
A representative of the United States, speaking in right of reply, said the sufferings of the Iraqi people had one cause and one cause only: the Iraqi regime and its absolute refusal cooperate with the Security Council resolutions that its invasion of Kuwait had provoked. Under the terms of the UN oil-for-food programme, Iraq could buy an unlimited amount of food and medicine. And yet it did not do so, preferring instead to restrict the purchases of vitally needed supplied. What it did buy remained unused and undelivered in Government warehouses. Meanwhile, hundreds of millions of dollars were wasted on extravagant new palaces, and the brutality that had characterized the regime for many years continued unabated.
A representative of the United Kingdom, speaking in right of reply, said the country rejected the assertions made by the Iraqi Minister of Health. The United Nations sanctions were not to blame for the Iraqi people's suffering. With the oil-for-food programme there was no need for the Iraqi people to lack basics such as food and medicine. It was the selfish political agenda of the Government of Iraq that was to blame. The sanctions could end in a matter of months if the Iraqi Government chose to adhere to its obligations. The United Kingdom had not engaged in delaying tactics in supplies of food and medicine, and it had not conducted a bombing campaign against the country.
A representative of Iraq, speaking in right of reply, wondered how the US and UK could claim they defended the rights of the Iraqi people when they bombarded Iraqi citizens and infrastructure on a daily basis.
* *** *
56th session
3 March 2000
Afternoon
Minister for Foreign Affairs of Norway, Special Rapporteur on Education
Speak Before Commission on Human Rights
Debate on economic, social and cultural rights continued this afternoon with a series of countries and non-governmental organizations (NGOs) telling the Commission on Human Rights that more had to be done to battle poverty and that a prime obstacle to improving the lives of millions was the crippling external debt owed by many of the world's poorest nations.
Thorbjorn Jagland, Minister for Foreign Affairs of Norway, in an address, said large-scale human-rights violations were not merely the product of civil and ethnic conflict but were also a major factor behind such conflicts -- that Governments that continued to disregard basic human-rights norms deprived their populations not only of political freedom but also of improved economic conditions.
Katarina Tomasevski, the Commission's Special Rapporteur on the right to education, said that while it was generally agreed that primary education ought to be universal, compulsory, and free of charge, a survey she had carried out indicated that primary education in practice was not compulsory in at least 48 countries. A major reason was expense, she said -- and declining levels of official development aid since the early 1990s did not offer good prospects for overcoming shortages of educational funding.
Her remarks were echoed by a representative of Panama, speaking on behalf of the Central American Group, who said that poverty and lack of education were the worst enemies of the development of economic, social and cultural rights.
Numerous speakers called for greater efforts by creditor nations to reduce the debt burdens of poor countries. A representative of Caritas International went on to add that debt relief was not the only aspect of fighting poverty -- debt-relief programmes had to be accompanied by sound economic policies and good governance, and the results of debt-relief programmes had to benefit the poorest.
A representative of the World Federation of United Nations Associations drew attention to the "appalling" situation of Sub-Saharan Africa, where 40.6 per cent of the population lived below the poverty line; 34.6 per cent were not expected to survive to age 42; immunization of children against tuberculosis and measles was 67 and 53 per cent, respectively; 50 per cent of inhabitants had no access to safe water; 32 per cent of children under age five were underweight; and there was a mortality rate of 169 per 1000 live births.
Addressing the afternoon meeting were representatives of Panama, Malaysia, Honduras, San Marino, Habitat International Coalition, Egypt, Bolivia, Food and Agriculture Organization, Uruguay, Iran, and Yemen.
The following NGOs delivered statements: International Federation of University Women (on behalf of several other NGOs); International Federation of Rural Adult Catholic Movements; Caritas International; International Save the Children Alliance; World Federation of United Nations Associations; International Federation of Human Rights Leagues; Union of Arab Jurists; Asian Legal Resource Centre; Centre on Housing Rights and Evictions; Centre Europe - Tiers Monde; Pax Romana; International Movement of the Apostolate in the Independent Social Milieus; and Liberation.
The United States, United Kingdom, and Iraq spoke in exercise of the right of reply.
The Commission will reconvene at 10 a.m. Tuesday, 4 April, to continue its discussion of economic, social and cultural rights.
Economic, Social and Cultural Rights
Under this agenda item, the Commission has before it a progress report by Special Rapporteur Katarina Tomasevski on the right to education (E/CN.4/2000/6). The report highlights, among other things, the difficulties in the realization of the right to education, ranging from financial obstacles, especially at the level of primary education, to the lack of coherence in international aid policies targeting education. Adopting a 4-A scheme (availability, accessibility, acceptability and adaptability) the Special Rapporteur analyses governmental obligations corresponding to the right to education. In analysing the availability of schooling, the report looks into State and non-State schooling and the human rights jurisprudence relating to State funding for private schools. It also discusses school vouchers and highlights key facets of the persistently inadequate attention to teachers in international and domestic education strategies. The report focuses on school fees in examining accessibility and on pregnancy as disciplinary offense in analysing acceptability. The final section addresses the implications for human rights of a productiveness view of education. Two addenda to the report contain an account of the Special Rapporteur's mission to Uganda (Add.1) and the United Kingdom of Great Britain and Northern Ireland (Add.2).
In the summarized account of her mission to Uganda, the Special Rapporteur says that the objectives of the visit were to assess the realization of the right to education in that country, especially at the primary level. The Special Rapporteur highlights, among other things, the huge challenge which Uganda is facing in ensuring the availability of schools and teachers for its youthful population. The report concludes, among other things, that securing access to school for girls has been prioritized, while the shift to inclusive education promises access to school for children with disabilities.
In the summarized account of her mission to the United Kingdom of Great Britain and Northern Ireland, the Special Rapporteur states that the mission, inspired by the United Kingdom's rights-based education, focuses on the international and domestic facets of the right to education.
Statements
THORBJORN JAGLAND, Minister for Foreign Affairs of Norway, said many of the problems the world had to face were directly related to the fact that the very human rights and democratic principles the international community had committed itself to were not being lived up to. Human rights was basically about human dignity - about protecting the individual against oppression and exploitation, poverty and injustice, marginalization and degradation. The struggle for civil and political rights, for social, economic and cultural rights, was part of the same struggle for human dignity.
Large-scale human-rights violations were not merely the product of civil and ethnic conflict, they were also a major factor behind such conflicts. Governments that continued to disregard basic human rights norms deprived their populations not only of political freedom, but also of improved economic conditions. The right to life was the most fundamental of human rights and capital punishment was therefore unacceptable. Racism and discrimination were found in all countries of the world, including Norway. Combatting racism was above all a matter of raising awareness and changing attitudes. In the fight against racism and discrimination, national action had to be supplemented by international efforts. In this regard, the World Conference in South Africa in 2001 would be crucial in the struggle against racism and for equality and opportunity for all. Combatting poverty was another matter of priority, as was the right to development. It was a sad fact that most industrialized countries were far below the agreed target of 0.7 per cent of GDP for international development aid.
Norway called for the establishment of a mechanism which could provide advice to Governments on implementation of the Declaration on Human Rights Defenders. All States were urged to ratify the Rome Statute of the International Criminal Court, which would be a significant deterrent to the most serious international crimes. On the issue of protection of human rights, children were the most vulnerable and needed special attention. Each year more than 3 million children died from curable diseases. That was unacceptable and therefore Norway was prepared to give a substantial contribution to the global vaccination programme.
KATARINA TOMASEVSKI, Special Rapporteur on the right to education, said her mission in recent times had taken her to Uganda and United Kingdom where she found the implementation of education being rights-oriented. In Uganda, UNICEF's leadership in rights-based programming had demonstrated that mainstreaming human rights was both possible and immensely useful. She said that recent developments revealed that aid flows were continuously diminishing and the downward trend which had started in 1992 showed no signs of reversal.
Ms. Tomasevski said the three facets which international human-rights law emphasized, namely that primary education ought to be universal, compulsory and free of charge, required an exercise in global stocktaking. She said she carried out an initial survey to determine the state of the right to education worldwide. Looking at the requirement that primary education be made compulsory, her survey had revealed that primary education was in practice not compulsory in at least 48 countries; and the challenge was thus enormous.
She said the importance which the Commission had attached to the elimination of financial obstacles for the realization of the right to education had led her to map out the pattern of school fees in primary schooling. She said she did a survey of States' reports under the human-rights treaties and their examination by the treaty bodies and supplemented them by documents generated by UN agencies. The survey showed States' lack of capacity to finance education as the driving force behind the charging of school fees. In her view, that reinforced the need to mainstream the human-rights approach in education from the local to the global level so as to simultaneously enhance both the capacity and the willingness of all relevant actors to prioritize education.
A. E. BELIZ (Panama), speaking on behalf of the Group of Central American States, said the realization of economic, social and cultural rights was linked to social development and development programmes. The Governments of the region were taking steps to provide employment opportunities and to eradicate poverty. A more dynamic commitment by the international community was required for effective results in this field. Poverty and the lack of education were the worst enemies of development and economic, social and cultural rights.
The delegation of Panama welcomed the reports of the independent expert and the special rapporteur. They clearly showed the negative consequences of foreign debt on the realization of economic, social and cultural rights. The Panamanian economy was dramatically weighed down by foreign debt, making it impossible to reconstruct and rehabilitate areas hit by Hurricane Mitch. The accumulation of maintenance costs continued, even after unforeseen natural disasters. The Governments of the region were working actively in promoting human rights in adherence with the Vienna Declaration. The help of the international community was needed to reduce the burden of foreign debt. The example of Brazil mentioned in the reports was strongly supported. Integrated programmes to eradicate poverty through the creation of jobs were needed. Countries in the region were promoting the eradication of poverty, which was seen as the only way to realize economic, social and cultural rights. Freedom and the promotion of human rights was the sustaining factor in this battle.
ZAINAL RAJA NUSHIRWAN (Malaysia) said there was consensus that one set of rights would be incomplete without the other. There were, however, different approaches between them. In the sphere of economic, social and cultural rights, obligations were promotional -- the necessary conditions for the full realization of these rights had to be promoted. This was true especially in developing countries through the provision of the necessary infrastructure. As a result of the lack of resources in developing countries, economic, social and cultural rights, perhaps more than civil and political rights, were dependent on international cooperation for their realization. Malaysia proposed greater international partnerships for the realization of economic, social and cultural rights. The references made to the international dimension by the Special Rapporteur on the right to education were welcomed.
The Malaysian delegation expressed its dismay at the proposal made by the Independent Expert on structural adjustment policies and the Special Rapporteur on the effects of foreign debt that the two mandates should be merged. The further development of economic, social and cultural rights was best served when kept seperate. It was recommended that Office of the High Commissioner for Human Rights (OHCHR) strengthen its internal research and analytical capacity through, among other things, the use of the resources of the Subcommission on the Promotion and Protection of Human Rights.
GRACIBEL BU FIGUEROA (Honduras) welcomed the joint report by the Special Rapporteur on external debt and the Independent Expert on structural adjustment which clearly reflected the situation in Honduras subsequent to the disaster provoked by Hurricane Mitch. The report reflected the current situation in Honduras whose foreign debt amounted to 93 per cent of GDP. Currently, expectations concerning foreign-debt relief were strong following the decision by World Bank to make Hondorus eligible to benefit from the initiative in favour of heavily indebted poor countries, and debt reduction.
From 1990 onward the Government had been pursuing a structural-adjustment policy designed to improve the macro-economic situation of the country, reduce the size of the public sector and give incentive to the private sector. These measures entailed a negative impact on the population, in particular the most vulnerable segments. The Government had adopted a series of measures and policies to alleviate the impact of the adjustment programme on the population. The task was not easy, however, due to the country's limited resources. In Honduras, 66 per cent of the population lived under the poverty line. Poverty alleviation had thus become the foremost preoccupation of the Government.
FEDERICA BIGI (San Marino) said it was not new to say that for several years, foreign debt had constituted for a number of countries an extremely grave problem which limited the possibilities and capacities of nations to develop economically and socially. The imbalanced difference between the rich and the poor countries, in which the rich became more rich while a great number of poor countries became more poor, and lived in situations where it was almost impossible to envisage equitable economic growth, was also to be observed.
Conscious of the tragic character of the situation in parts of the world, San Marino had fully supported the initiatives of the creditor countries and international financial institutions to alleviate or to cancel the external debts of the developing countries. However, the initiative to date seemed modest considering the dimensions and gravity of the problem.
LARS LUDVIGSEN, of the Habitat International Coalition, said an estimated 1 billion people in the world were not adequately housed and more than 100 million were homeless. In 1996, Habitat II had adopted a global plan of action, the Habitat Agenda. One of the two themes were adequate housing for all and its goal was to improve living and working conditions on an equitable and sustainable basis. While the organization stated the objectives and commitments made, it was also careful not to create unrealistic expectations. Only a progressive realization was possible. Governments had an obligation to create an environment where this could be achieved.
Last year, the 17th session of the Commission on Human Settlements had endorsed a new strategic vision which proposed the promotion of secure tenure as a fundamental component of any housing policy and as a basis for new partnerships between Governments and the urban poor. Emphasis was placed on strategic building and operational partnerships between different levels of Government, United Nations organizations, the private sector, NGOs and community-based organizations. Secure tenure had been highlighted as one of the fundamental elements of a package of housing rights and the Commission was called upon to appoint a Special Rapporteur on housing rights. This would increase the impact and success of the Global Campaign on Secure Tenure, including the United Nations Housing Rights Programme.
FAYZA ABOULNAGA (Egypt) said the gap between the realization of civil and political rights and social and cultural and economic rights had widened. The number of people suffering poverty grew daily despite the fact that they lived in the most prosperous world since the dawn of time. Developing countries were faced with numerous obstacles in ensuring both the civil and political rights and the social, cultural and economic rights of their citizens. These obstacles included in particular foreign debt and the unjust international economic system.
In this regard, it was worth noting that the question of debt forgiveness was a priority item of the summit meeting between Europe and Africa which had opened today.
SILVIA AVILA SEIFERT (Bolivia) said her country's Constitution had affirmed the multi-ethnic and pluri-cultural character of society, recognizing the rights to work, to family, social security, education, and health, as well as recognizing the rights of indigenous communities to their land.
Over the last decade, Bolivia had devoted much effort to a profound economic, legislative, judicial, institutional and administrative transformation with the objective of guaranteeing the economic, social and cultural rights of its population. Among other things, a law on popular participation had given autonomy to municipalities to administer their own affairs, and to plan and implement popular decisions in matters concerning them. A popular defense institution had also been given Constitutional status in defending, promoting and realizing the rights of citizens. In addition, a law against intra-family violence had created a system for protecting children and adolescents. It had also created a legal service through which the family was protected.
THEMBA MASUKLL, of the Food and Agriculture Organization (FAO), said three years ago, at the World Food Summit, an ambitious agenda had been adopted to halve the number of people malnourished by the year 2015. The Summit also had recognized the right of everyone to adequate food and nutrition. Last year had witnessed a seminar on the policies of rights-based approaches to food and nutrition, the adoption of a general comment on the right to food by the Committee on Economic, Social and Cultural Rights, and an updated study by the Subcommission.
These were great steps in the right direction, but implementation at the national level was still inadequate. The FAO stressed the responsibility of the State in such matters. Still, efforts had to be strengthened on all levels. Those States that had adopted a Constitutional provision on the right to food were advised to give practical effect to it in national legislation. The donor community was encouraged to support such efforts, and the FAO volunteered to undertake such exercises on a pilot basis to start with.
FEDERICO PERAZZO SCAPINO (Uruguay) said that the United Nations Development Programme (UNDP) ranked Uruguay number 40 out of 174 in terms of life expectancy, education and income. Uruguay was the one of the Latin American countries which had invested the most in social policies, and it had one of the lowest levels of poverty in Latin America. The number of poor households had decreased substantially in the 1990s, as had the number of households living in conditions of extreme poverty (currently less than 1 per cent of the population). These social indicators had been achieved through actions designed to protect the most vulnerable segments of society and to ensure an increased price stability, which had led to considerable poverty reduction.
On the right to education, priority had been given to the construction of schools in areas of high growth of school-age population and areas of low sociocultural levels. The State also guaranteed education to all sectors of society. On structural adjustment, Uruguay accorded great importance to the work of the Working Group on Structural Adjustment Programmes and supported the recommendations contained in the joint report by the Special Rapporteur on external debt and the Independent Expert on structural adjustment. The Uruguayan Government guaranteed food to the most needy, some 24,000 throughout the country.
ALI KHORAM (Iran) said the imbalance between economic, social and cultural rights and civil and political rights continued, leading to increasing gaps between the developed and the developing world. There was a growing concern within the countries of the South over the tendencies of the Commission, which seemed to place more emphasis on civil and political rights at the expense of economic, social and cultural rights and the right to development. It would thus be fair to say that the Vienna Declaration and Programme of Action was unjustifiably bypassed, if not fully ignored - - especially the part which stipulated that "all human rights were universal, indivisible and interdependent and interrelated" and said "the international community must treat human rights globally in a fair and equal manner on the same footing and with the same emphasis".
Another obstacle for the developing countries was foreign debt. Assistance should be rendered them to supplement the efforts of the Governments of such countries to attain the full realization of the economic, social and cultural rights of their people.
MOHAMED SAEED AL-ATTAR (Yemen) said that since the beginning of 1995 the Yemeni Government had applied an economic and financial plan in cooperation with the World Bank and the International Monetary Fund which had resulted in a lessening of the budget deficit and a drop in the balance-of-payments deficit. However, living conditions for the most vulnerable had worsened with each stage of price reform. There was increased poverty in general, and particular problems involving salaries and employment. Nominal salaries had doubled but real salaries had suffered a 70 per cent drop. Unemployment had increased 0.5 per cent annually. The Government had taken several steps, including setting up an employment programme and social safety nets which helped some 50,000 families. Indirect support had also been given to the 40 per cent of the population which lived below the poverty line.
Despite the assistance, more effort was needed to supply people with sufficient food and nutrition. Creditor countries were called upon to take less-stringent measures with indebted countries. The Commission was urged to ensure the application of the resolution of the roundtables in San Marino and appoint a Special Rapporteur to address this issue, which was central to human rights.
MURIEL JOYE, of International Federation of University Women, speaking on behalf of 12 NGOs, called on all Governments to ratify the Convention against all Forms of discrimination against Women and ILO Conventions on equality as well as the Convention on the Rights of the Child. It was important that emerging issues such as globalization and the rising new economy based on information, communication and technology be reviewed from the perspective of opportunities and challenges. It was equally important to envision legislative and regulatory machineries that would ensure women's equality in the world of work. The revision of the convention on Maternity
Protection constituted a rights-based approach reconciling the reproductive and productive rights of women. It was essential to implement gender mainstreaming at all levels of society, as women and girls still had very limited access to education.
Within the UN system, gender disaggregated data were not systematically provided to render visibility to gender equality. Both State parties and the UN were therefore urged to introduce institutional mechanised to ensure a systematic analyses on the basis of gender. At present, the discrimination gap in the ownership and control of property was one of the single most critical contributors to the gender gap in economic well-being, social status and empowerment. Today, the world had more than 40 million refugees and internally displaced persons. This uprooted condition provided Governments and international organizations a unique opportunity to ensure that women were provided equal rights to land, property and housing as resettlement occurred. Such equal rights were essential for enabling women to protect themselves and their children from all forms of exploitation.
PIERRE MIOT, of the International Federation of Rural Adult Catholic Movements, said the realization of economic, social and cultural rights had been gravely affected by the development of new technologies emanating from biological research, particularly when it was applied to agriculture. Genetically modified organisms had been taken as solutions to the agricultural problems of tomorrow and at times as a response to the problem of famine in the world, when in fact such organisms were endangering the essential rights of peasants and having a negative impact on the environment.
These new methods had also affected the right of all peoples to determine for themselves the kinds of food they wished to produce and eat. In addition, the production and commercialization of the methods of genetically modified agriculture would oblige all citizens to face fundamental questions such what kind of agriculture to promote and what modes of consumption to favour.
MARY TOM, of Caritas International, said the organization consisted of 158 national organizations which sought to spread solidarity and enhance social justice. Debt relief was not the only aspect of fighting poverty -- debt-relief programmes had to be accompanied by sound economic policies and good governance. The benefits of debt-relief programmes had to benefit the poorest through a sustained and comprehensive framework of investment in humanity through education and health care.
The external debts of many countries had reached intolerable levels, stifling all economic and social development. The organization referred to a Security Council Presidential Statement on preventive action against threats to international peace and security. The statement highlighted that economic, social, cultural and humanitarian problems were often the root causes of armed conflict, and the need to eradicate poverty, strengthen development cooperation and assistance, and to promote respect for human rights and fundamental freedoms was critical.
KALLE ELOFSSON, of International Save the Children Alliance, said economic policies affected the rights to education, health, leisure and the right not to be exploited in hazardous work. Getting economic decisions right was crucial for children. Policies that appeared to have very little impact on children were often against the best interests of the child. The process of integration and globalization had in EU countries led to more flexible labour-market policies than in the past. In some cases this had been disruptive to family life and a euphemism for short-term contracts and insecurity.
Many EU trade agreements had a human-rights clause, but these clauses rarely if ever included children. Concerning fiscal policies, it was sometimes hard or impossible to determine how much of a country's resources were allocated to children because of lack of budget transparency. In the EU budget, children appeared in only six minor budget lines and there was no child focus within the EU's overall development budget. No macroeconomic policies were child-neutral; on the contrary, they tended to be child-blind or in favour of adults.
HORACE PERERA, of the World Federation of United Nations Associations, drew attention to the appalling extent to which a large majority of the peoples of Sub-Saharan Africa were not enjoying their economic, social and cultural rights. In the threefold classification of countries as high, medium and low in the "Human Development Report of 1999" of the thirty-five listed under low, 26 were from Sub-Saharan Africa. Among the population there, 40.6 per cent lived below the poverty line and 34.6 per cent were not expected to survive to the age of 42.
Immunization of children against tuberculosis and measles was 67 and 53 per cent, respectively; 50 per cent had no access to safe water; 32 per cent of children under age five were underweight, and there was a mortality rate of 169 per 1000 live births. While the primary responsibility for remedying the situation rested on the countries concerned, the international community had a stake in the development of Africa and should not allow it to be marginalized as had been done and was shamefully demonstrated before and during the genocide of Rwanda.
VERONIQUE MWEBWE NTUMBA, of the International Federation of Human Rights Leagues, said economic, social and cultural rights had been largely ignored in the past. The Commission must take these rights seriously, as the process of globalization more than ever threatened human rights. There were new actors in the international arena, such as multinational companies and financial institutions, which had brought about the shrinking of the State and particularly the responsibility of the State for protecting, promoting and guaranteeing economic, social and cultural rights. The Federation suggested that international economic treaties be subject to human-rights legislation. Trade was not to be an end in itself but should respect sustainable development and human rights.
The Commission was called upon to provide mechanisms for the monitoring of international economic treaties and ensuring that they adhered to the principles elaborated in Universal Declaration of Human Rights. Formal cooperation between the High Commissioner for Human Rights and the World Trade Organization could also serve to promote human rights, particularly economic, social and cultural rights. The role of the Commission in this context would be pivotal. The role of the State had changed, and it was therefore necessary to redefine the responsibility of the State, as it was still the main actor responsible for the promotion of human rights.
LAURENCE DEONNA, of Union of Arab Jurists, speaking on behalf of several NGOs, said that the economic sanctions imposed on Iraq ten years ago following the Gulf War had affected the most vulnerable segments of the population. The sanctions prevented Iraq from exploiting its natural resources and hindered development of its economy. An entire generation of Iraqis had grown up weakened physically and mentally as a result of lack food and care.
The sanctions amounted to gross violations of human rights as they deprived the people of Iraq of their means of subsistence. At a recently held conference in Geneva called Iraq + depleted uranium = genocide, scientists denounced the effects of depleted uranium on the Iraqi population. The Commission was urged to demand that the embargo against Iraq be lifted immediately.
MARK TAMTHAI, of Asian Legal Resource Centre, said the Government of Myanmar had failed to respect the economic, social and cultural rights of its people and to protect the natural resources, the labour and the freedom by which people obtained food. In the name of national security, the army had burned food and crops, displaced civilians and relocated communities to areas unfit for sustaining their livelihoods.
The military made persistent, onerous demands for rice, foodstuffs, material and labour. People had to flee to the forests without reliable food supply, proper housing or health care. Hunger, illness and death ensued. The State had consistently and consciously violated the right to work, as documented by the International Labour Office.
CAROLINE LAMBERT, of the Centre on Housing Rights and Evictions, said there were more than 1 billion men, women, young persons and children worldwide who were inadequately housed, over 100 million homeless, and between 10 and 14 million who were currently facing forced eviction. Forced eviction was always violent, whether part of a war strategy or not, and usually did not include the restitution of housing, land and property. The Centre also highlighted women's poverty and its impact on their rights to rent, lease and own land, property and housing. The right to housing, including the right to be free from forced eviction, the right to secure tenure and the right to equality, were enshrined in many international human rights instruments and declarations.
The organization urged the Commission to adopt the resolution sponsored by Germany on economic, social and cultural rights and to appoint a Special Rapporteur on housing rights. The Commission was also called upon to adopt the resolution sponsored by Mexico on women and the rights to land, property and housing. The Commission was also encouraged to consider adopting two thematic resolutions, one on the right to housing and property restitution for internally displaced people and refugees, and a resolution on forced eviction expanding upon Commission resolution 1993/77.
MALIK OZDEN, of Centre Europe-Tiers Monde, recalled that the G-7 had declared an initiative in favour of the heavily indebted developing countries in June 1999, which would allow the alleviation of some US$ 70 billion in debt. That amount was considered to be up to 90 per cent of the debts of some poor countries. Up to now, the declaration had had little effect.
In fact, as was underlined by the Special Rapporteur on external debt and its impact on human rights and the Independent Expert on the policies of structural adjustment, the initiative of the G-7 was taken hostage by the conditions imposed by the World Bank and the International Monetary Fund. In fact, among the 41 countries cited by the G-7, those which could not fulfil the conditions fixed for writing off their debts were many. Only Bolivia, Uganda and Mauritania had so far benefited from reductions in debt burdens. The initiative had only reduced 1.2 per cent of the total debt of the developing countries.
R. J. RAJKUMAR, of Pax Romana, said that when his organization convoked an international colloquium on the global economy and a dialogue with the international financial institutions in Washington, DC, in October 1999, it had stated that the global economy as it was taking shape today contained powerful positive forces as well as deep pathologies. It revealed a bizarre combination of giddy optimism and deep fear.
Pax Romana was struck by the keen willingness of the heads of those financial institutions to enter into genuine dialogue with civil society. However, one sometimes discovered disappointing gaps between the visions and the ground reality of those institutions. Their financial mechanisms often functioned almost automatically, thus accentuating the situation of wealth for some and poverty for the rest. The reality was that international economic laws had evolved separately and were not based on human rights.
GILBERT ROSSARY, of the International Movement of Apostolate in the Independent Social Milieus, said that the organization worked to increase the attention given to vulnerable groups, attitudes towards the poor, and the promotion of human rights. Eradicating poverty was one of the most important mediums for promoting human rights. It was in the long-term interest of everyone, and States were encouraged to respect their commitments. The movement was concerned about developments in the World Trade Organization, particularly the lack of consistency countries displayed when dealing with WTO, ILO, and ECOSOC.
The organization recognized that the WTO represented the promise of ending unregulated trade. However, the WTO should listen to the priorities of the international community, which were the eradication of poverty and the promotion of good governance. The organization proposed to the Commission that appropriate means be undertaken to ensure consistency in the work of the WTO. The organization also recommended that the High Commissioner engage in dialogue with the WTO along the same lines.
MARGARET BOWDEN of Liberation, said the arbitrary division of civil and political from social, cultural and economic rights had proved detrimental, as had been witnessed in Indonesia, where socio-economic deprivation had led to civil and political unrest.
In Africa, there was no doubt that the crisis facing the continent in its two-fold structure -- the enormous debt burden and the HIV/AIDS pandemic -- had been acknowledged too little and too late by the richer countries. Liberation noted with great interest the Commission's criticism of some of the leaders of African and other countries who wilfully failed to address the reality of the HIV/AIDS pandemic, as it was often these same leaders of regimes that had incurred massive debts with the richer countries in order to buy the necessary military equipment to repress their own populations. Concerning Indonesia, investment projects such as factories, plantations and mines had not only destroyed natural resources but also caused human-rights violations, including the destruction of the livelihoods of indigenous and local peoples.
Rights of reply
A representative of the United States, speaking in right of reply, said the sufferings of the Iraqi people had one cause and one cause only: the Iraqi regime and its absolute refusal cooperate with the Security Council resolutions that its invasion of Kuwait had provoked. Under the terms of the UN oil-for-food programme, Iraq could buy an unlimited amount of food and medicine. And yet it did not do so, preferring instead to restrict the purchases of vitally needed supplied. What it did buy remained unused and undelivered in Government warehouses. Meanwhile, hundreds of millions of dollars were wasted on extravagant new palaces, and the brutality that had characterized the regime for many years continued unabated.
A representative of the United Kingdom, speaking in right of reply, said the country rejected the assertions made by the Iraqi Minister of Health. The United Nations sanctions were not to blame for the Iraqi people's suffering. With the oil-for-food programme there was no need for the Iraqi people to lack basics such as food and medicine. It was the selfish political agenda of the Government of Iraq that was to blame. The sanctions could end in a matter of months if the Iraqi Government chose to adhere to its obligations. The United Kingdom had not engaged in delaying tactics in supplies of food and medicine, and it had not conducted a bombing campaign against the country.
A representative of Iraq, speaking in right of reply, wondered how the US and UK could claim they defended the rights of the Iraqi people when they bombarded Iraqi citizens and infrastructure on a daily basis.
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