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04 April 2000
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Commission on Human Rights
56th session
04 April 2000
Morning
Foreign Minister of Nepal and Member of Pakistan's National Security
Council Address Commission
United Nations Secretary-General Kofi Annan this morning told the Commission on Human Rights that the peoples of the world who today were in distress, in need or under oppression and subjected to violations of their human rights, needed action -– genuine, effective and lasting action in defence of their rights and liberties.
Addressing the Commission this morning, Mr. Annan said that it was up to Governments, to the United Nations and to all who cared about human dignity to answer this call without delay; all had the power to bring human rights one step closer to the ideal set forth by the founders of the United Nations.
The Secretary-General said that the obligation of Governments was made still weightier by the fact that the defence of human rights was universal in nature; violations of human rights were no longer considered an internal matter; and international human rights law was emphatic that when human rights were being violated, the international community had a right and a duty to respond, and to come to the assistance of the victims.
The Commission was also addressed by Chakra Prasad Bastola, Minister for Foreign Affairs of Nepal, who said that his country was committed to the promotion and protection of human rights and was party to 16 human rights instruments. The Constitution guaranteed the basic human rights and fundamental freedoms, recognized the rule of law, constitutional monarchy, multi-party democracy and independence of the judiciary.
Also addressing the Commission was Attiya Inayatulla, Member of the National Security Council of Pakistan, who said that on 12 October 1999, the people of Pakistan had rejected sham democracy and the replacement of the corrupt Government had been greeted with relief and expressions of support by the people. The current Chief Executive had outlined a new moral vision for Pakistan which was people-centric and sought to repair, restore and rebuild the nation. Once the programme was on track, which everyone hoped would be sooner rather than later, the country's internal impulses for democracy would be respected.
The Commission's Special Rapporteur on illicit movement and dumping of toxic waste, Fatma Zohra Ouhachi Vesely, presented her report. She complained that adequate financial resources were not available to carry out her mandate as desired.
Also speaking during the morning meeting were representatives of the following countries: Madagascar, Mexico, Ecuador, Chile, Norway, Zambia, Indonesia, Nepal, , Pakistan, Sudan, Bangladesh, the Russian Federation, the Republic of Korea, Israel, Belarus and Switzerland. A representative of the International Federation of the Red Cross and Red Crescent Societies also spoke.
The Commission will continue its debate on economic, social and cultural rights when it reconvenes at 3 p.m. (For the full text of the Secretary-General's statement, please refer to press release SG/SM/00/71 of 3 April 2000)
Statement by United Nations Secretary-General Kofi Annan
KOFI ANNAN, Secretary-General of the United Nations, said that he had always considered the Commission to be among the most important organs of the United Nations - but never more so than today. He reiterated his belief that the international community was living in the age of human rights - an age where the awareness of the rights of every individual had done more to bring down barriers and boundaries than any force of arms, or of commerce or trade. It was by acknowledging the common human rights that one acknowledged the common humanity.
This year, Mr. Annan wished to build on the promise of this age by affirming the place of human rights in the international rule of law and underscoring how all - international organizations, Member States and non-governmental organizations - could do more and do better to bridge the gap between rights and realities. The universal demand for a world of law and of dignity and rights, of equality and non-discrimination, of peace and of justice - could no longer be ignored. The question today was how best to bring it about.
The Secretary-General continued to state that the peoples of the world who today were in distress, in need or under oppression and subjected to violations of their human rights needed action - genuine, effective and lasting action in defence of their rights and liberties. It was up to their Governments, to the United Nations and to all who cared about human dignity to answer this call without delay; all had the power to bring human rights one step closer to the ideal set forth by the founders of the United Nations.
The great human rights instruments which formed the basis of the Commission's work would provide a guide for the efforts of all, and a standard by which one could measure the record of any and every State in meeting its commitments to its citizens, and to the world. No State, whether developed or developing, could claim that its work was done; every State could help the common efforts to implement human rights provisions more effectively and more comprehensively. That was why he believed each annual meeting of the Human Rights Commission brought the international community one step further - in revealing the progress made thus far, as well as the work that remained to be done.
The Secretary-General said that the international community could renew its efforts, above all, by ensuring that human rights were established as an essential component of the rule of law in international affairs. Once and for all, one should make clear that the rights for which one fought were not the rights of States or factions, but the rights of the individual human being to live in dignity and freedom. The international community had much to build on in this pursuit. Let us remember, first of all, that one of the purposes of the United Nations, accepted by every Member State under Article 1 of the Charter, was to promote and encourage 'respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion'. The language could hardly be clearer or more emphatic. And its implications for Member States were spelled out in detail in the Universal Declaration of Human Rights, and in the conventions and covenants to which almost all Member States had subscribed.
Without doubt, he continued, those undertakings imposed a heavy responsibility on every Government. But that responsibility should also be seen as a privilege. By implementing it, a Government could unleash the full potential of its people in every sphere of life, from the economic, social and cultural to the civil and political. That was the promise of human rights -- to endow every man and woman with the ability to make the most of their potential and create for themselves and their communities a better world.
International human rights law made clear that every Government should be able to show that it had in place a system for protecting human rights. Mr. Annan believed that there had been progress in the work of Governments to ensure that their Constitutions and laws were in conformity with those norms, and that their courts applied international human rights norms. But he believed that still more could be done. No Government could rest, and no people should remain satisfied, until that aim was achieved.
Mr. Annan said that the obligation of Governments was made still weightier by the fact that the defence of human rights was universal in nature. Violations of human rights were no longer considered an internal matter. International human rights law was emphatic that when human rights were being violated the international community had a right and a duty to respond, and to come to the assistance of the victims.
This Commission had led the way in the historic struggle against gross violations of human rights, Mr. Annan went on to state. He called upon the Commission today to be steadfast in continuing to stand up against violations of human rights wherever they might occur in the world. As members of the Commission might recall, that was the theme of his address to the Commission last year. Nothing that had happened since gave him any reason to doubt the importance of pursuing that noble cause still further.
Indeed, events during the last year had only confirmed his belief that there could be no turning back from the principle that human rights were sacred, regardless of frontiers, Mr. Annan said. Increasingly, it was recognized that national constitutional or legal provisions could not override a State's international legal obligations –- least of all in the area of human rights, where the fate of entire groups of the population might be at stake. On the contrary, by ratifying an international agreement, a State accepted the obligation to bring its national laws into line with the international norm.
At this year's Commission, he urged that new momentum be given to the common struggle of the international community to place development at the service of human rights, and human rights at the service of development. Now, more than ever, one recognized that one could not thrive without the other. Just as development was a human right, so were human rights at the core of meaningful development. Where dissent was forbidden, where expression was curtailed, where the flow of ideas and the exchange of views were limited by force, human well-being and prosperity were threatened and conflict made more likely. The fact was that economic success and development depended in large measure on the quality of governance enjoyed by a country and its people.
The Secretary-General continued to say that the rule of law; transparency and accountability in the management of public affairs; respect for human rights; and the full participation of all citizens in the decisions of government - those were all essential conditions of the kind of growth and prosperity that made development possible. Those were the lessons of the past half-century, and they imposed on all of us an obligation to protect each human right by protecting them all.
At this first Human Rights Commission of the twenty-first century, Mr. Annan concluded by recalling the words of the President of the General Assembly when the Covenants were adopted in 1966. Abdul Rahman Pazhwak of Afghanistan said on that occasion that if the United Nations could be said to have any ideology, it should be, surpassing all others, the ideology of human rights. He appealed, once again, to States that had not yet done so to ratify the two Covenants and the principal international human rights instruments, so that the universal realization of human rights could be given practical expression.
Statements
FATMA ZOHRA OUHACHI-VESELY, Special Rapporteur on the illicit movement and dumping of toxic waste, said the preliminary state of her report, with all of the typos and other mistakes, was a matter of concern to her; she also was concerned by the cursory state of her findings as summarized, which reflected the lack of resources available for carrying out her mandate. She had visited Germany and the Netherlands, following previous visits to Latin America and Africa; she had given priority to the latter, as they held such developing countries as were likely to be the targets of illicit dumping. Some industrialized countries had responded to her request for a visit by giving her documentation, which might help in planning a visit but could not replace a visit.
Germany and the Netherlands took environmental issues very seriously, and had made great efforts to minimize waste production, develop recovery and recycling programmes, and combat illicit dumping and trans-boundary traffic in waste, including the adoption of legislation containing penal sanctions. Illicit traffic could not be totally eliminated, since by definition such trafficking operated outside the legal framework, but these undertakings were helpful for deterring it. It was apparent that the costs of reprocessing and also minimizing waste production in these countries was expensive. Germany, to its credit, had set up a fund to subsidize repatriation of illegally shipped waste. Other industrialized countries should consider setting up such a fund, the Special Rapporteur said.
Her report also dealt with the export of ships that had been used for extremely dangerous recycling operations, she said; such ships from OECD (Organization for Economic Cooperation and Development) countries were apparently being sent to Asian countries for scrapping, where the work posed great risks for the workers involved; it was necessary to find a more appropriate and safe way of scrapping such vessels. Another topic was the shipping of pesticides, which she felt might become an acute issue over time. Meanwhile, problems described in her previous reports had not been dealt with, she was sorry to report; an example was 1,036 fraudulently shipped barrels remaining in a precarious, exposed state in the port of Asuncion, where they were at risk of explosion or fire; the Government of Paraguay still sought bilateral and research assistance in coping with the matter. In general, developing countries needed greater assistance in identifying and coping with toxins shipped to them.
CHAKRA PRASAD BASTOLA, Minister for Foreign Affairs of Nepal, said democracy had washed the shores around the world and human rights had been recognized as universal values through the rapid development of communication technology. No particular set of human rights took precedence over the other, all human rights were to be treated equally. The significance of the right to development had to be recognized in the course of promoting and protecting human rights. Human rights could not be realized in an environment where poverty persisted. Investment in human resource development and the social sector, and the creation of safety nets for the most vulnerable groups was a must for the eradication of poverty. For the least developed countries, debt relief and generous economic assistance would also be required.
Nepal was committed to the promotion and protection of human rights and was party to 16 human rights instruments. The Constitution guaranteed the basic human rights as fundamental freedoms, recognized the rule of law, constitutional monarchy, multi-party democracy and independence of the judiciary. Nepal was currently in the final stage of establishing an independent National Human Rights Commission. Legislative measures were in place to give compensation to victims of torture. Still to be undertaken was the abolition of the death penalty and legislative initiatives to eliminate inequality between men and women. Nepal was hosting the Asia-Pacific Conference on the Use of Children as Soldiers as a response to problems experienced in trafficking of children and child labour. His Majesty 's Government of Nepal had also initiated the process of formulating a National Plan of Action on human rights.
Despite efforts, Nepal had faced a new challenge posing a threat to democracy. The problem as the so called 'peoples war' waged in the name of Maoists since February 1996. This was creating obstructions for the full and unfettered enjoyment of the rights guaranteed by the democratic Constitution. An added burden had been the provision of asylum to a large number of refugees for ten years. This had created adverse economic, social and environmental problems. The international community was called upon to assist in creating a conducive environment leading to a durable solution to this humanitarian problem without further delay.
ATTIYA INAYATULLA, Member of the National Security Council of Pakistan, said that on 12 October 1999, the people of Pakistan had rejected sham democracy; the replacement of the corrupt Government was greeted with relief and expressions of support by the people; the current Chief Executive had outlined a new moral vision for Pakistan which was people-centric and sought to repair, restore and rebuild the nation. Once the programme was on track, which everyone hoped would be sooner rather than later, the country's internal impulses for democracy would be respected. The Chief Executive's agenda included fostering populist democratic involvement at the grass-roots level; ensuring law and order; reviving the economy; ensuring good governance; and exposing corruption from the highest level, where it had hurt the national economy, down to the lowest level, where it hit the common man.
Numerous steps had been taken to bolster human rights, Ms. Inayatullah said, including an education campaign; annual civil awards in the field of human rights; the banning of bar fetters, which were a relic from the colonial past that had no place in civilized society; efforts to prevent abuse of the laws against blasphemy; police and jail reforms; and a de-weaponization programme. A Commission on the Status of Women had been established; a Juvenile Justice Ordinance promulgated; a directive had been issued calling for the trial of any offender accused of 'honour killing'; amendments had been made to the Citizenship Act; and steps had been enacted to eradicate child labour and any vestiges of bonded labour.
Pakistan felt urgently that peace and progress would elude the region so long as Kashmir continued to arouse tensions and threaten another war between India and Pakistan, Ms. Inayatullah said. Pakistan unequivocally recognized the need for restraint and upheld the need for dialogue on the issue of Kashmir. It had called for friendly mediation, but India had rejected the proposal. India's policies continued to be marked by massive repression within Kashmir and aggressive threats against Pakistan. Kashmir was now, more than ever, a human-rights problem, a humanitarian emergency that cried out for a solution.
MAXIME ZAFERA (Madagascar) said that economic, social and cultural rights, including the right to adequate food, education, housing and the right to health were not dissociable from civil and political rights. They all should be treated on equal footing as reaffirmed by the Programme of Action of the Vienna Declaration, which considered the application of civil and political rights as prerequisite to the realization of the other rights. The relevant documents submitted to the Commission indicated that one-fifth of the world's population was living under extreme poverty and that more than 1.3 billion people in the world were under absolute poverty. That situation was inadmissible and needed urgent action at national and international levels. Furthermore, the primary responsibility of ensuring the enjoyment of all rights by citizens had to be attributed to States. The Government of Madagascar, placing the struggle against poverty on the first rank of its national priorities, had taken important measures in the field of education and health, which demonstrated its willingness to discharge its obligations under international conventions.
TOMAS DIAZ DIAZ (Mexico) said that any legitimate effort to promote and protect human rights required a clear commitment to the eradication of poverty. Poverty was a clear obstacle to the fulfilment of human rights. Governments had a responsibility to create an enabling environment for the realization of human rights. Uncertainty in the world today was due to the lack of economic resources. In order to implement the right to development, economic growth, employment and a balanced development were essential. There was a solid basis for increased growth in Mexico this year. Social spending was 61 per cent of the budget, particularly on the right to education, health and food.
Education was an essential factor in the realization of human rights. Mexico had undertaken steps to provide the right to education. In Mexico, 21.9 million people attended schools, 9 out of 10 students concluded their primary schooling. The Government had also supplied schools with 150 million text books free of charge and 4.6 million school breakfasts. Two health units per day were becoming operational, 14 million people had received vaccination. Steps had been taken to increase the availability of safe water, sewage and electricity. At present, 89 per cent of the population had access to safe water and 75 per cent had access to sewage.
The fight against poverty was a slow process. The Government of Mexico recommended that priority be given to social development in the creation of economic growth with a human face. The disadvantages facing women in poverty was also highlighted. The Beijing Conference had said all women needed access to resources, opportunity and public services in order to eradicate poverty. In Mexico this had been taken on board. Regardless of the civil status of women, it was believed that any assistance given would have multiple effects on the families. The Government of Mexico urged the international community to integrate a gender aspect in all aspect of human rights.
LUIS GALLEGOS CHIRIBOGA (Ecuador) said the economic crisis that had overtaken Ecuador had resulted in a coup against the democratic Government last January; Ecuador had surmounted that crisis, but serious problems, caused in great part by international factors over which the country had no control, continued to harm the national economy and the economies of many developing countries. The Ecuadorean crisis, as had happened elsewhere, had destroyed years of economic and social progress. Such economic crises should be measured not only in monetary terms but in terms of human costs.
The leaders of the globalized economy and the international financial institutions continued to impose measures on helpless Third World countries that had immense social and economic costs. Some nations had carried out structural-adjustment programmes for years without beneficial results for their populations. Ecuador called on the Commission and the international community to implement economic, social and cultural rights on the same level as civil and political rights. Economic marginalization, financial isolation, and trade protectionism must be ended. Trade barriers and obstacles for developing countries to international markets must be eliminated, especially for agricultural products, for which developing nations were competitive. Debt relief also was vital; Ecuador could not continue to give 54 per cent of its budget to debt repayment while it allocated only 4 per cent to social programmes.
PEDRO OYARCE (Chile) said that economic, social and cultural rights were essential for human development. The concept of indivisibility and interdependence should be underlined in application of all human rights. The plan of indivisibility and universality required an integrated international system in order to incorporate integrated dialogue. Concerning the issue of debt, the Commission should go beyond the simple financial aspect if it really desired to contribute to the issue which was already being considered by the international financial institutions and the Economic and Social Council. The human dimension of the problem should be considered together with the financial aspect. The same should be attributed to the issue of structural adjustment. It was necessary to find a means to treat, in a global manner, the issues pertaining to the consideration of economic, social and cultural rights. It was also essential to design a strategy so that the Commission would present to other bodies and the international community a human development plan which could be taken into consideration in the context of an integrated dialogue on financing of development, external debt, extreme poverty, and the policy of structural adjustment. The new Government of Chile was working towards better social protection in the field of health, education, struggle against unemployment, and was taking measures to improve the realization of the economic, social and cultural rights of its people.
INGRID MOLLESTAD SYLOW (Norway), said all human rights were universal, indivisible, interrelated and interdependent. The universal recognition and observance of human rights was necessary. Unfortunately, the ideological divide during the Cold War had not managed to ensure the observance of these universal rights. There had been an unfortunate schism between civil and political rights on the one hand and economic, social and cultural rights on the other hand. One set of human rights could not function without the other. The right to health, food and education promoted equally important developments as that of freedom of speech and political participation.
The world was facing daunting times since 20 per cent of the population, the majority women, were living in abject poverty. The fight against poverty had not achieved the expected results. The Norwegian delegation welcomed the increased attention given to a rights based approach. The Norwegian development agency was undertaking work based on this principle. Development was really about the full realization of human rights. The rights based approach was about putting the individual in focus. The State had a responsibility in this regard. Better tools were required to assess the progress of the implementation of economic, social and cultural rights.
The Norwegian delegation welcomed the report of the Special Rapporteur on the right to education. However more research had to be carried out before the establishment of individual complaints procedures. This could be a successful mechanism to promote human rights when more preparatory work had been undertaken. States were obliged to create an environment where individuals could realize their own needs. It was important to remember that States were obliged to take steps to the maximum of their powers to promote economic, social and cultural rights. In this context national and international solidarity had to go hand in hand. The goal had to be the creation of an environment where people were free from fear or want.
PALAN MULONDA (Zambia) said over two decades had passed since the International Covenant on Economic, Social and Cultural Rights had entered into force, and yet many countries were not able to implement the provisions of the treaty. What was going on was that lip service was being given to such rights by creditor nations; they did little to forgive or reduce the external debts of the world's poorer nations. Creditor countries and international financial institutions were urged to cancel the debts of heavily indebted developing countries -- to date, the problems caused by such debts were not fully appreciated. To make progress in economic, social and cultural rights, poorer countries had to be relieved of their debt burdens.
Similarly, all citizens of the world, as noted by the Special Rapporteur on education, needed education in order to progress in their lives and in order to help their countries advance economically.
LUCIA RUSTAM (Indonesia) said that since the early 1970s, her Government had given high priority to poverty alleviation as a policy goal. The proportion of the population living below the poverty line had dropped significantly from 60 per cent of the total population in 1970 to 15 per cent in 1995. The achievement touched all related fields such as access to food, education and health. Just before the beginning of the financial crisis, Indonesia had steadily made progress in its effort to alleviate poverty in the country. However, the recent monetary and economic crisis had brought about stagnation in the economy, with serious repercussions on employment leading to a sharp increase in poverty and a great deal of social instability. That had been a great setback. It had also led to an increase in the unemployment of about 13 per cent of the total labour force. Progress in revitalizing the country's economy through its sweeping reforms had so far proven fruitful. Indonesia had bounced back from a minus 13.2 per cent growth two years ago, and it could now expect a positive growth of 4 to 5 per cent. That would undoubtedly enhance the country's capacity to improve economic, social and cultural rights, including the right to food, shelter, education and health.
HASSAN EL TALIB (Sudan) stated that despite the difficulties faced by his country resulting from both civil armed conflict and natural disasters, the Government had been able to restructure its economy to meet the requirements of an open and free market. The reform measures had so far helped to achieve a gross domestic product growth rate of more than 6.5 per cent and had reduced the rate of inflation to around 11 per cent from more than 60 per cent a few years ago. In August, and again this April 2000, the International Monetary Fund had praised the efforts of the Government for its major economic reforms, and for cutting its massive arrears to the Fund. As a result, the Fund had lifted its Declaration of Non-Cooperation from the Sudan. In addition, Sudan had achieved a major success in the exploitation of its national resources in the sectors of minerals and agriculture. Last August, the exportation of Sudanese oil had started and the accrued revenues would contribute to the improvement of the well-being of the people. Already, hospitals, schools, roads, water networks and other welfare projects were being implemented in oil exploitation areas. Moreover, Sudan was concerned about the resort to coercive measures by some major powers. The debris of the pharmaceutical Shifa Plant, which was bombed in August 1998 in Khartoum, was testimony of how a least developing country was being denied the right to development. Poor people in the least developing countries deserved better treatment.
HEMAYETUDDIN (Bangladesh) said that democracy had become the catch word of national and global politics and human rights had emerged as a priority in state and inter-state agendas. This approach to human rights marked the present era as distinct from others. It was of essence that determination and the will of the international community implement economic, social and cultural rights and civil and political rights without discrimination.
Enjoyment of economic, social and cultural rights had remained an illusion for the great majority of the world's population. The eradication of poverty had to begin with investing in human resources and the empowerment of people, in particular women and children. This could be brought about by creating the necessary social and economic infrastructure that would allow access to basic rights of education, nutrition, employment and equal opportunities. This was a formidable challenge, in particular for the 48 Least Developed Countries. The onus was on individual Governments to face the challenge, however no meaningful achievement could be reached without the support of the international community. This would require the transfer of resources. Developed countries were urged to fulfil the agreed target of 0.7 per cent of their GNP for overall development assistance.
Similarly, as agreed upon at the World Social Summit, developing countries should allocate 20 per cent of the national budget to basic social and development programmes. Resources should also be generated through reduced defence spending.
An enabling external economic environment guaranteeing equitable access to the market, technology and investment opportunities for developing countries was required. Bangladesh's experience showed that traditional aid programmes had failed to reach the poor, however micro-credit and related financial services for self-employment and income-generating activities had been successful, particularly for women. The Bangladesh Government was pursuing poverty alleviation through higher growth, higher investment in social sectors, targeted programmes of income generating and employment creation and through building up social safety nets for the marginalized and vulnerable social groups. There was a need for a more committed and de-politicized international community.
ANDREI NIKIFOROV (the Russian Federation) said the rule of law was essential for bolstering economic, social and cultural rights and the right to development within States; but apart from domestic efforts it was important to have the assistance of the international community and the international financial institutions. It was important to understand that States fell into different groups, among them the group of transition countries. International terrorism and organized crime, as well as inter-ethnic conflict and illegal trade in weapons and drugs affected the lives of millions of people in the world. Another problem was the spread of AIDS and other serious infectious diseases.
Russia believed that States should not be able to apply to other States coercive measures or interfere in national sovereignty. To the extent that sanctions or other coercive measures were applied to certain regimes that had problems with human rights, they did not appear to affect the regimes so much as to cause profound difficulties for their innocent populations. In Russia, significant efforts were being made to turn around widespread decline in the situation of the most vulnerable citizens; Russia supported efforts towards guaranteeing economic, social and cultural rights and thought they should be given priority.
GIL-SOU SHIN (the Republic of Korea) said his delegation agreed with the High Commissioner's suggestion that a framework should be found within which poverty could be eradicated. On the one hand, the dawn of a new century found more of the world's population living in good health and prosperity than it had at any other moment in history. But for some people, the turn of the century was just another grim moment of their struggle for survival. It was encouraging to observe a growing recognition among the international community that pervasive and widespread extreme poverty was one of the world's most persistent obstacles to the enjoyment of social, economic and cultural rights and the right to development.
The growing recognition of the importance of economic, social and cultural rights should not diminish efforts to seek balanced progress among human rights. The primary responsibility for the promotion of human rights rested with the State. Good governance at the national level by way of building effective and accountable institutions for promoting sustainable growth was recommended. The delegation also attached great importance to the right of education. The link between education and employment should constitute the pillar of Governments' policies with a clear commitment to enabling people to become economically self-sufficient. The protection and promotion of the right to education would lead to both economic growth and better governance.
The impact of the current international economic system on human rights was noted. Increased economic inter-dependence could be a powerful vehicle for increasing economic growth and living standards while simultaneously threatening the economic and social stability of some countries as was shown in the recent financial crisis.
YAKOV PARAN (Israel) said that among the rights Israel sought to ensure its residents was the right to health, and to this effect a National Health Insurance Law had taken effect in 1995. It established that health care was a right; it determined the legal entitlement of residents to a basket of health services guaranteed by the Government; it had a capitation formula; it had premiums collected by the Government through a payroll tax; it required that health funds accept all applicants; and it committed the Government to fund health services at a specified level that reflected the cost of the benefits package.
To date, the law had achieved several major goals: all residents of Israel now had health insurance; the level of services had improved; and health-system equity had improved -- in particular, the gap between Arabs and Jews had been reduced. Recently the health-care system had established a clear process for priority setting; the system incorporated professional as well as lay input and had attracted substantial international interest.
SYARGEI MIKHNEVICH (Belarus) said that globalization had impinged on social, economic and cultural rights of many people. There had been some kind of formation of unity in the world through globalization, however, there was also a further division in the world between the rich and poor. Decades of experience had shown that respect for civil and political and economic, social and cultural rights had not been adhered to sufficiently.
The development of human potential was directly linked to education, which in turn was linked to living standards and the enjoyment of economic and social rights. The quality of life could be stimulated by promoting employment and labour. The Government of Belarus had promoted strategies which provided work for all those capable of working and assistance to those incapable of employment. The future of Belarus was pre-determined by the moral and physical health of the young people. The Government had hence undertaken normative legal processes for the protection of the youth. The process of transition in Belarus had been complex, however stability had been maintained. The Government had carried out a strategy on cultural rights in establishing priorities and principles when determining long-term tasks promoting cultural rights. Many steps had been taken to protect the cultural and national heritage of Belarus on the basis of a humanitarian tradition.
CHRISTOPH PAPPA (Switzerland) said human rights had to be stressed in balance with other human rights; States, by concentrating on some rights, could not exempt themselves from responsibility for other rights. It was true that external factors came into play, especially in the case of economic, social and cultural rights. Nonetheless, States still bore primary responsibility for those rights, both nationally and internationally. It was through their policies that they could contribute most substantially to their achievement. Other actors, such as large companies, international agencies, and non-governmental organizations, also had influence, and so dialogue between these entities was vital.
Switzerland underlined the importance of labour standards established by the International Labour Office; conceptual work was needed to set the basis for subsequent discussions in this field. The right to sufficient food was now being studied and analysed by a Swiss expert to help the country determine what would constitute a violation of such a right; in general, gradual establishment of legal and technical criteria was needed to help countries determine what in fact were violations of economic, social and cultural rights.
CHRISTOPHER LAMB, of the International Federation of Red Cross and Red Crescent Societies, said the organization demonstrated its interest in human rights through its many activities. All people wanted the best for their children and families, to live in peace and harmony, with economic and physical security, personal dignity and in a supportive community. At the turn of the millennium, too many people were at risk from situations that threatened their capacity to live with a minimum of socio-economic security and human dignity. The Federation worked to improve the lives of vulnerable people. Vulnerable people were those at risk from situations that threatened their survival or their capacity to live with a minimum of socio-economic security and human dignity. Vulnerability was intimately intertwined with poverty.
The time had come to create institutional alliances to respond to the calls of the poor and vulnerable. The Federation encouraged the members of the Commission to make sure that commitments made at the Conference were met and were included in the Plan of Action for 2000-2003.
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56th session
04 April 2000
Morning
Foreign Minister of Nepal and Member of Pakistan's National Security
Council Address Commission
United Nations Secretary-General Kofi Annan this morning told the Commission on Human Rights that the peoples of the world who today were in distress, in need or under oppression and subjected to violations of their human rights, needed action -– genuine, effective and lasting action in defence of their rights and liberties.
Addressing the Commission this morning, Mr. Annan said that it was up to Governments, to the United Nations and to all who cared about human dignity to answer this call without delay; all had the power to bring human rights one step closer to the ideal set forth by the founders of the United Nations.
The Secretary-General said that the obligation of Governments was made still weightier by the fact that the defence of human rights was universal in nature; violations of human rights were no longer considered an internal matter; and international human rights law was emphatic that when human rights were being violated, the international community had a right and a duty to respond, and to come to the assistance of the victims.
The Commission was also addressed by Chakra Prasad Bastola, Minister for Foreign Affairs of Nepal, who said that his country was committed to the promotion and protection of human rights and was party to 16 human rights instruments. The Constitution guaranteed the basic human rights and fundamental freedoms, recognized the rule of law, constitutional monarchy, multi-party democracy and independence of the judiciary.
Also addressing the Commission was Attiya Inayatulla, Member of the National Security Council of Pakistan, who said that on 12 October 1999, the people of Pakistan had rejected sham democracy and the replacement of the corrupt Government had been greeted with relief and expressions of support by the people. The current Chief Executive had outlined a new moral vision for Pakistan which was people-centric and sought to repair, restore and rebuild the nation. Once the programme was on track, which everyone hoped would be sooner rather than later, the country's internal impulses for democracy would be respected.
The Commission's Special Rapporteur on illicit movement and dumping of toxic waste, Fatma Zohra Ouhachi Vesely, presented her report. She complained that adequate financial resources were not available to carry out her mandate as desired.
Also speaking during the morning meeting were representatives of the following countries: Madagascar, Mexico, Ecuador, Chile, Norway, Zambia, Indonesia, Nepal, , Pakistan, Sudan, Bangladesh, the Russian Federation, the Republic of Korea, Israel, Belarus and Switzerland. A representative of the International Federation of the Red Cross and Red Crescent Societies also spoke.
The Commission will continue its debate on economic, social and cultural rights when it reconvenes at 3 p.m. (For the full text of the Secretary-General's statement, please refer to press release SG/SM/00/71 of 3 April 2000)
Statement by United Nations Secretary-General Kofi Annan
KOFI ANNAN, Secretary-General of the United Nations, said that he had always considered the Commission to be among the most important organs of the United Nations - but never more so than today. He reiterated his belief that the international community was living in the age of human rights - an age where the awareness of the rights of every individual had done more to bring down barriers and boundaries than any force of arms, or of commerce or trade. It was by acknowledging the common human rights that one acknowledged the common humanity.
This year, Mr. Annan wished to build on the promise of this age by affirming the place of human rights in the international rule of law and underscoring how all - international organizations, Member States and non-governmental organizations - could do more and do better to bridge the gap between rights and realities. The universal demand for a world of law and of dignity and rights, of equality and non-discrimination, of peace and of justice - could no longer be ignored. The question today was how best to bring it about.
The Secretary-General continued to state that the peoples of the world who today were in distress, in need or under oppression and subjected to violations of their human rights needed action - genuine, effective and lasting action in defence of their rights and liberties. It was up to their Governments, to the United Nations and to all who cared about human dignity to answer this call without delay; all had the power to bring human rights one step closer to the ideal set forth by the founders of the United Nations.
The great human rights instruments which formed the basis of the Commission's work would provide a guide for the efforts of all, and a standard by which one could measure the record of any and every State in meeting its commitments to its citizens, and to the world. No State, whether developed or developing, could claim that its work was done; every State could help the common efforts to implement human rights provisions more effectively and more comprehensively. That was why he believed each annual meeting of the Human Rights Commission brought the international community one step further - in revealing the progress made thus far, as well as the work that remained to be done.
The Secretary-General said that the international community could renew its efforts, above all, by ensuring that human rights were established as an essential component of the rule of law in international affairs. Once and for all, one should make clear that the rights for which one fought were not the rights of States or factions, but the rights of the individual human being to live in dignity and freedom. The international community had much to build on in this pursuit. Let us remember, first of all, that one of the purposes of the United Nations, accepted by every Member State under Article 1 of the Charter, was to promote and encourage 'respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion'. The language could hardly be clearer or more emphatic. And its implications for Member States were spelled out in detail in the Universal Declaration of Human Rights, and in the conventions and covenants to which almost all Member States had subscribed.
Without doubt, he continued, those undertakings imposed a heavy responsibility on every Government. But that responsibility should also be seen as a privilege. By implementing it, a Government could unleash the full potential of its people in every sphere of life, from the economic, social and cultural to the civil and political. That was the promise of human rights -- to endow every man and woman with the ability to make the most of their potential and create for themselves and their communities a better world.
International human rights law made clear that every Government should be able to show that it had in place a system for protecting human rights. Mr. Annan believed that there had been progress in the work of Governments to ensure that their Constitutions and laws were in conformity with those norms, and that their courts applied international human rights norms. But he believed that still more could be done. No Government could rest, and no people should remain satisfied, until that aim was achieved.
Mr. Annan said that the obligation of Governments was made still weightier by the fact that the defence of human rights was universal in nature. Violations of human rights were no longer considered an internal matter. International human rights law was emphatic that when human rights were being violated the international community had a right and a duty to respond, and to come to the assistance of the victims.
This Commission had led the way in the historic struggle against gross violations of human rights, Mr. Annan went on to state. He called upon the Commission today to be steadfast in continuing to stand up against violations of human rights wherever they might occur in the world. As members of the Commission might recall, that was the theme of his address to the Commission last year. Nothing that had happened since gave him any reason to doubt the importance of pursuing that noble cause still further.
Indeed, events during the last year had only confirmed his belief that there could be no turning back from the principle that human rights were sacred, regardless of frontiers, Mr. Annan said. Increasingly, it was recognized that national constitutional or legal provisions could not override a State's international legal obligations –- least of all in the area of human rights, where the fate of entire groups of the population might be at stake. On the contrary, by ratifying an international agreement, a State accepted the obligation to bring its national laws into line with the international norm.
At this year's Commission, he urged that new momentum be given to the common struggle of the international community to place development at the service of human rights, and human rights at the service of development. Now, more than ever, one recognized that one could not thrive without the other. Just as development was a human right, so were human rights at the core of meaningful development. Where dissent was forbidden, where expression was curtailed, where the flow of ideas and the exchange of views were limited by force, human well-being and prosperity were threatened and conflict made more likely. The fact was that economic success and development depended in large measure on the quality of governance enjoyed by a country and its people.
The Secretary-General continued to say that the rule of law; transparency and accountability in the management of public affairs; respect for human rights; and the full participation of all citizens in the decisions of government - those were all essential conditions of the kind of growth and prosperity that made development possible. Those were the lessons of the past half-century, and they imposed on all of us an obligation to protect each human right by protecting them all.
At this first Human Rights Commission of the twenty-first century, Mr. Annan concluded by recalling the words of the President of the General Assembly when the Covenants were adopted in 1966. Abdul Rahman Pazhwak of Afghanistan said on that occasion that if the United Nations could be said to have any ideology, it should be, surpassing all others, the ideology of human rights. He appealed, once again, to States that had not yet done so to ratify the two Covenants and the principal international human rights instruments, so that the universal realization of human rights could be given practical expression.
Statements
FATMA ZOHRA OUHACHI-VESELY, Special Rapporteur on the illicit movement and dumping of toxic waste, said the preliminary state of her report, with all of the typos and other mistakes, was a matter of concern to her; she also was concerned by the cursory state of her findings as summarized, which reflected the lack of resources available for carrying out her mandate. She had visited Germany and the Netherlands, following previous visits to Latin America and Africa; she had given priority to the latter, as they held such developing countries as were likely to be the targets of illicit dumping. Some industrialized countries had responded to her request for a visit by giving her documentation, which might help in planning a visit but could not replace a visit.
Germany and the Netherlands took environmental issues very seriously, and had made great efforts to minimize waste production, develop recovery and recycling programmes, and combat illicit dumping and trans-boundary traffic in waste, including the adoption of legislation containing penal sanctions. Illicit traffic could not be totally eliminated, since by definition such trafficking operated outside the legal framework, but these undertakings were helpful for deterring it. It was apparent that the costs of reprocessing and also minimizing waste production in these countries was expensive. Germany, to its credit, had set up a fund to subsidize repatriation of illegally shipped waste. Other industrialized countries should consider setting up such a fund, the Special Rapporteur said.
Her report also dealt with the export of ships that had been used for extremely dangerous recycling operations, she said; such ships from OECD (Organization for Economic Cooperation and Development) countries were apparently being sent to Asian countries for scrapping, where the work posed great risks for the workers involved; it was necessary to find a more appropriate and safe way of scrapping such vessels. Another topic was the shipping of pesticides, which she felt might become an acute issue over time. Meanwhile, problems described in her previous reports had not been dealt with, she was sorry to report; an example was 1,036 fraudulently shipped barrels remaining in a precarious, exposed state in the port of Asuncion, where they were at risk of explosion or fire; the Government of Paraguay still sought bilateral and research assistance in coping with the matter. In general, developing countries needed greater assistance in identifying and coping with toxins shipped to them.
CHAKRA PRASAD BASTOLA, Minister for Foreign Affairs of Nepal, said democracy had washed the shores around the world and human rights had been recognized as universal values through the rapid development of communication technology. No particular set of human rights took precedence over the other, all human rights were to be treated equally. The significance of the right to development had to be recognized in the course of promoting and protecting human rights. Human rights could not be realized in an environment where poverty persisted. Investment in human resource development and the social sector, and the creation of safety nets for the most vulnerable groups was a must for the eradication of poverty. For the least developed countries, debt relief and generous economic assistance would also be required.
Nepal was committed to the promotion and protection of human rights and was party to 16 human rights instruments. The Constitution guaranteed the basic human rights as fundamental freedoms, recognized the rule of law, constitutional monarchy, multi-party democracy and independence of the judiciary. Nepal was currently in the final stage of establishing an independent National Human Rights Commission. Legislative measures were in place to give compensation to victims of torture. Still to be undertaken was the abolition of the death penalty and legislative initiatives to eliminate inequality between men and women. Nepal was hosting the Asia-Pacific Conference on the Use of Children as Soldiers as a response to problems experienced in trafficking of children and child labour. His Majesty 's Government of Nepal had also initiated the process of formulating a National Plan of Action on human rights.
Despite efforts, Nepal had faced a new challenge posing a threat to democracy. The problem as the so called 'peoples war' waged in the name of Maoists since February 1996. This was creating obstructions for the full and unfettered enjoyment of the rights guaranteed by the democratic Constitution. An added burden had been the provision of asylum to a large number of refugees for ten years. This had created adverse economic, social and environmental problems. The international community was called upon to assist in creating a conducive environment leading to a durable solution to this humanitarian problem without further delay.
ATTIYA INAYATULLA, Member of the National Security Council of Pakistan, said that on 12 October 1999, the people of Pakistan had rejected sham democracy; the replacement of the corrupt Government was greeted with relief and expressions of support by the people; the current Chief Executive had outlined a new moral vision for Pakistan which was people-centric and sought to repair, restore and rebuild the nation. Once the programme was on track, which everyone hoped would be sooner rather than later, the country's internal impulses for democracy would be respected. The Chief Executive's agenda included fostering populist democratic involvement at the grass-roots level; ensuring law and order; reviving the economy; ensuring good governance; and exposing corruption from the highest level, where it had hurt the national economy, down to the lowest level, where it hit the common man.
Numerous steps had been taken to bolster human rights, Ms. Inayatullah said, including an education campaign; annual civil awards in the field of human rights; the banning of bar fetters, which were a relic from the colonial past that had no place in civilized society; efforts to prevent abuse of the laws against blasphemy; police and jail reforms; and a de-weaponization programme. A Commission on the Status of Women had been established; a Juvenile Justice Ordinance promulgated; a directive had been issued calling for the trial of any offender accused of 'honour killing'; amendments had been made to the Citizenship Act; and steps had been enacted to eradicate child labour and any vestiges of bonded labour.
Pakistan felt urgently that peace and progress would elude the region so long as Kashmir continued to arouse tensions and threaten another war between India and Pakistan, Ms. Inayatullah said. Pakistan unequivocally recognized the need for restraint and upheld the need for dialogue on the issue of Kashmir. It had called for friendly mediation, but India had rejected the proposal. India's policies continued to be marked by massive repression within Kashmir and aggressive threats against Pakistan. Kashmir was now, more than ever, a human-rights problem, a humanitarian emergency that cried out for a solution.
MAXIME ZAFERA (Madagascar) said that economic, social and cultural rights, including the right to adequate food, education, housing and the right to health were not dissociable from civil and political rights. They all should be treated on equal footing as reaffirmed by the Programme of Action of the Vienna Declaration, which considered the application of civil and political rights as prerequisite to the realization of the other rights. The relevant documents submitted to the Commission indicated that one-fifth of the world's population was living under extreme poverty and that more than 1.3 billion people in the world were under absolute poverty. That situation was inadmissible and needed urgent action at national and international levels. Furthermore, the primary responsibility of ensuring the enjoyment of all rights by citizens had to be attributed to States. The Government of Madagascar, placing the struggle against poverty on the first rank of its national priorities, had taken important measures in the field of education and health, which demonstrated its willingness to discharge its obligations under international conventions.
TOMAS DIAZ DIAZ (Mexico) said that any legitimate effort to promote and protect human rights required a clear commitment to the eradication of poverty. Poverty was a clear obstacle to the fulfilment of human rights. Governments had a responsibility to create an enabling environment for the realization of human rights. Uncertainty in the world today was due to the lack of economic resources. In order to implement the right to development, economic growth, employment and a balanced development were essential. There was a solid basis for increased growth in Mexico this year. Social spending was 61 per cent of the budget, particularly on the right to education, health and food.
Education was an essential factor in the realization of human rights. Mexico had undertaken steps to provide the right to education. In Mexico, 21.9 million people attended schools, 9 out of 10 students concluded their primary schooling. The Government had also supplied schools with 150 million text books free of charge and 4.6 million school breakfasts. Two health units per day were becoming operational, 14 million people had received vaccination. Steps had been taken to increase the availability of safe water, sewage and electricity. At present, 89 per cent of the population had access to safe water and 75 per cent had access to sewage.
The fight against poverty was a slow process. The Government of Mexico recommended that priority be given to social development in the creation of economic growth with a human face. The disadvantages facing women in poverty was also highlighted. The Beijing Conference had said all women needed access to resources, opportunity and public services in order to eradicate poverty. In Mexico this had been taken on board. Regardless of the civil status of women, it was believed that any assistance given would have multiple effects on the families. The Government of Mexico urged the international community to integrate a gender aspect in all aspect of human rights.
LUIS GALLEGOS CHIRIBOGA (Ecuador) said the economic crisis that had overtaken Ecuador had resulted in a coup against the democratic Government last January; Ecuador had surmounted that crisis, but serious problems, caused in great part by international factors over which the country had no control, continued to harm the national economy and the economies of many developing countries. The Ecuadorean crisis, as had happened elsewhere, had destroyed years of economic and social progress. Such economic crises should be measured not only in monetary terms but in terms of human costs.
The leaders of the globalized economy and the international financial institutions continued to impose measures on helpless Third World countries that had immense social and economic costs. Some nations had carried out structural-adjustment programmes for years without beneficial results for their populations. Ecuador called on the Commission and the international community to implement economic, social and cultural rights on the same level as civil and political rights. Economic marginalization, financial isolation, and trade protectionism must be ended. Trade barriers and obstacles for developing countries to international markets must be eliminated, especially for agricultural products, for which developing nations were competitive. Debt relief also was vital; Ecuador could not continue to give 54 per cent of its budget to debt repayment while it allocated only 4 per cent to social programmes.
PEDRO OYARCE (Chile) said that economic, social and cultural rights were essential for human development. The concept of indivisibility and interdependence should be underlined in application of all human rights. The plan of indivisibility and universality required an integrated international system in order to incorporate integrated dialogue. Concerning the issue of debt, the Commission should go beyond the simple financial aspect if it really desired to contribute to the issue which was already being considered by the international financial institutions and the Economic and Social Council. The human dimension of the problem should be considered together with the financial aspect. The same should be attributed to the issue of structural adjustment. It was necessary to find a means to treat, in a global manner, the issues pertaining to the consideration of economic, social and cultural rights. It was also essential to design a strategy so that the Commission would present to other bodies and the international community a human development plan which could be taken into consideration in the context of an integrated dialogue on financing of development, external debt, extreme poverty, and the policy of structural adjustment. The new Government of Chile was working towards better social protection in the field of health, education, struggle against unemployment, and was taking measures to improve the realization of the economic, social and cultural rights of its people.
INGRID MOLLESTAD SYLOW (Norway), said all human rights were universal, indivisible, interrelated and interdependent. The universal recognition and observance of human rights was necessary. Unfortunately, the ideological divide during the Cold War had not managed to ensure the observance of these universal rights. There had been an unfortunate schism between civil and political rights on the one hand and economic, social and cultural rights on the other hand. One set of human rights could not function without the other. The right to health, food and education promoted equally important developments as that of freedom of speech and political participation.
The world was facing daunting times since 20 per cent of the population, the majority women, were living in abject poverty. The fight against poverty had not achieved the expected results. The Norwegian delegation welcomed the increased attention given to a rights based approach. The Norwegian development agency was undertaking work based on this principle. Development was really about the full realization of human rights. The rights based approach was about putting the individual in focus. The State had a responsibility in this regard. Better tools were required to assess the progress of the implementation of economic, social and cultural rights.
The Norwegian delegation welcomed the report of the Special Rapporteur on the right to education. However more research had to be carried out before the establishment of individual complaints procedures. This could be a successful mechanism to promote human rights when more preparatory work had been undertaken. States were obliged to create an environment where individuals could realize their own needs. It was important to remember that States were obliged to take steps to the maximum of their powers to promote economic, social and cultural rights. In this context national and international solidarity had to go hand in hand. The goal had to be the creation of an environment where people were free from fear or want.
PALAN MULONDA (Zambia) said over two decades had passed since the International Covenant on Economic, Social and Cultural Rights had entered into force, and yet many countries were not able to implement the provisions of the treaty. What was going on was that lip service was being given to such rights by creditor nations; they did little to forgive or reduce the external debts of the world's poorer nations. Creditor countries and international financial institutions were urged to cancel the debts of heavily indebted developing countries -- to date, the problems caused by such debts were not fully appreciated. To make progress in economic, social and cultural rights, poorer countries had to be relieved of their debt burdens.
Similarly, all citizens of the world, as noted by the Special Rapporteur on education, needed education in order to progress in their lives and in order to help their countries advance economically.
LUCIA RUSTAM (Indonesia) said that since the early 1970s, her Government had given high priority to poverty alleviation as a policy goal. The proportion of the population living below the poverty line had dropped significantly from 60 per cent of the total population in 1970 to 15 per cent in 1995. The achievement touched all related fields such as access to food, education and health. Just before the beginning of the financial crisis, Indonesia had steadily made progress in its effort to alleviate poverty in the country. However, the recent monetary and economic crisis had brought about stagnation in the economy, with serious repercussions on employment leading to a sharp increase in poverty and a great deal of social instability. That had been a great setback. It had also led to an increase in the unemployment of about 13 per cent of the total labour force. Progress in revitalizing the country's economy through its sweeping reforms had so far proven fruitful. Indonesia had bounced back from a minus 13.2 per cent growth two years ago, and it could now expect a positive growth of 4 to 5 per cent. That would undoubtedly enhance the country's capacity to improve economic, social and cultural rights, including the right to food, shelter, education and health.
HASSAN EL TALIB (Sudan) stated that despite the difficulties faced by his country resulting from both civil armed conflict and natural disasters, the Government had been able to restructure its economy to meet the requirements of an open and free market. The reform measures had so far helped to achieve a gross domestic product growth rate of more than 6.5 per cent and had reduced the rate of inflation to around 11 per cent from more than 60 per cent a few years ago. In August, and again this April 2000, the International Monetary Fund had praised the efforts of the Government for its major economic reforms, and for cutting its massive arrears to the Fund. As a result, the Fund had lifted its Declaration of Non-Cooperation from the Sudan. In addition, Sudan had achieved a major success in the exploitation of its national resources in the sectors of minerals and agriculture. Last August, the exportation of Sudanese oil had started and the accrued revenues would contribute to the improvement of the well-being of the people. Already, hospitals, schools, roads, water networks and other welfare projects were being implemented in oil exploitation areas. Moreover, Sudan was concerned about the resort to coercive measures by some major powers. The debris of the pharmaceutical Shifa Plant, which was bombed in August 1998 in Khartoum, was testimony of how a least developing country was being denied the right to development. Poor people in the least developing countries deserved better treatment.
HEMAYETUDDIN (Bangladesh) said that democracy had become the catch word of national and global politics and human rights had emerged as a priority in state and inter-state agendas. This approach to human rights marked the present era as distinct from others. It was of essence that determination and the will of the international community implement economic, social and cultural rights and civil and political rights without discrimination.
Enjoyment of economic, social and cultural rights had remained an illusion for the great majority of the world's population. The eradication of poverty had to begin with investing in human resources and the empowerment of people, in particular women and children. This could be brought about by creating the necessary social and economic infrastructure that would allow access to basic rights of education, nutrition, employment and equal opportunities. This was a formidable challenge, in particular for the 48 Least Developed Countries. The onus was on individual Governments to face the challenge, however no meaningful achievement could be reached without the support of the international community. This would require the transfer of resources. Developed countries were urged to fulfil the agreed target of 0.7 per cent of their GNP for overall development assistance.
Similarly, as agreed upon at the World Social Summit, developing countries should allocate 20 per cent of the national budget to basic social and development programmes. Resources should also be generated through reduced defence spending.
An enabling external economic environment guaranteeing equitable access to the market, technology and investment opportunities for developing countries was required. Bangladesh's experience showed that traditional aid programmes had failed to reach the poor, however micro-credit and related financial services for self-employment and income-generating activities had been successful, particularly for women. The Bangladesh Government was pursuing poverty alleviation through higher growth, higher investment in social sectors, targeted programmes of income generating and employment creation and through building up social safety nets for the marginalized and vulnerable social groups. There was a need for a more committed and de-politicized international community.
ANDREI NIKIFOROV (the Russian Federation) said the rule of law was essential for bolstering economic, social and cultural rights and the right to development within States; but apart from domestic efforts it was important to have the assistance of the international community and the international financial institutions. It was important to understand that States fell into different groups, among them the group of transition countries. International terrorism and organized crime, as well as inter-ethnic conflict and illegal trade in weapons and drugs affected the lives of millions of people in the world. Another problem was the spread of AIDS and other serious infectious diseases.
Russia believed that States should not be able to apply to other States coercive measures or interfere in national sovereignty. To the extent that sanctions or other coercive measures were applied to certain regimes that had problems with human rights, they did not appear to affect the regimes so much as to cause profound difficulties for their innocent populations. In Russia, significant efforts were being made to turn around widespread decline in the situation of the most vulnerable citizens; Russia supported efforts towards guaranteeing economic, social and cultural rights and thought they should be given priority.
GIL-SOU SHIN (the Republic of Korea) said his delegation agreed with the High Commissioner's suggestion that a framework should be found within which poverty could be eradicated. On the one hand, the dawn of a new century found more of the world's population living in good health and prosperity than it had at any other moment in history. But for some people, the turn of the century was just another grim moment of their struggle for survival. It was encouraging to observe a growing recognition among the international community that pervasive and widespread extreme poverty was one of the world's most persistent obstacles to the enjoyment of social, economic and cultural rights and the right to development.
The growing recognition of the importance of economic, social and cultural rights should not diminish efforts to seek balanced progress among human rights. The primary responsibility for the promotion of human rights rested with the State. Good governance at the national level by way of building effective and accountable institutions for promoting sustainable growth was recommended. The delegation also attached great importance to the right of education. The link between education and employment should constitute the pillar of Governments' policies with a clear commitment to enabling people to become economically self-sufficient. The protection and promotion of the right to education would lead to both economic growth and better governance.
The impact of the current international economic system on human rights was noted. Increased economic inter-dependence could be a powerful vehicle for increasing economic growth and living standards while simultaneously threatening the economic and social stability of some countries as was shown in the recent financial crisis.
YAKOV PARAN (Israel) said that among the rights Israel sought to ensure its residents was the right to health, and to this effect a National Health Insurance Law had taken effect in 1995. It established that health care was a right; it determined the legal entitlement of residents to a basket of health services guaranteed by the Government; it had a capitation formula; it had premiums collected by the Government through a payroll tax; it required that health funds accept all applicants; and it committed the Government to fund health services at a specified level that reflected the cost of the benefits package.
To date, the law had achieved several major goals: all residents of Israel now had health insurance; the level of services had improved; and health-system equity had improved -- in particular, the gap between Arabs and Jews had been reduced. Recently the health-care system had established a clear process for priority setting; the system incorporated professional as well as lay input and had attracted substantial international interest.
SYARGEI MIKHNEVICH (Belarus) said that globalization had impinged on social, economic and cultural rights of many people. There had been some kind of formation of unity in the world through globalization, however, there was also a further division in the world between the rich and poor. Decades of experience had shown that respect for civil and political and economic, social and cultural rights had not been adhered to sufficiently.
The development of human potential was directly linked to education, which in turn was linked to living standards and the enjoyment of economic and social rights. The quality of life could be stimulated by promoting employment and labour. The Government of Belarus had promoted strategies which provided work for all those capable of working and assistance to those incapable of employment. The future of Belarus was pre-determined by the moral and physical health of the young people. The Government had hence undertaken normative legal processes for the protection of the youth. The process of transition in Belarus had been complex, however stability had been maintained. The Government had carried out a strategy on cultural rights in establishing priorities and principles when determining long-term tasks promoting cultural rights. Many steps had been taken to protect the cultural and national heritage of Belarus on the basis of a humanitarian tradition.
CHRISTOPH PAPPA (Switzerland) said human rights had to be stressed in balance with other human rights; States, by concentrating on some rights, could not exempt themselves from responsibility for other rights. It was true that external factors came into play, especially in the case of economic, social and cultural rights. Nonetheless, States still bore primary responsibility for those rights, both nationally and internationally. It was through their policies that they could contribute most substantially to their achievement. Other actors, such as large companies, international agencies, and non-governmental organizations, also had influence, and so dialogue between these entities was vital.
Switzerland underlined the importance of labour standards established by the International Labour Office; conceptual work was needed to set the basis for subsequent discussions in this field. The right to sufficient food was now being studied and analysed by a Swiss expert to help the country determine what would constitute a violation of such a right; in general, gradual establishment of legal and technical criteria was needed to help countries determine what in fact were violations of economic, social and cultural rights.
CHRISTOPHER LAMB, of the International Federation of Red Cross and Red Crescent Societies, said the organization demonstrated its interest in human rights through its many activities. All people wanted the best for their children and families, to live in peace and harmony, with economic and physical security, personal dignity and in a supportive community. At the turn of the millennium, too many people were at risk from situations that threatened their capacity to live with a minimum of socio-economic security and human dignity. The Federation worked to improve the lives of vulnerable people. Vulnerable people were those at risk from situations that threatened their survival or their capacity to live with a minimum of socio-economic security and human dignity. Vulnerability was intimately intertwined with poverty.
The time had come to create institutional alliances to respond to the calls of the poor and vulnerable. The Federation encouraged the members of the Commission to make sure that commitments made at the Conference were met and were included in the Plan of Action for 2000-2003.
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