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03 April 2000
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Commission on Human Rights
56th session
3 April 2000
Morning
Decides to Discontinue Consideration of Situation in Chile, Republic of Congo, Kenya, Latvia, United Arab Emirates, Viet Nam, Yemen and Zimbabwe
The Commission on Human Rights this morning started its consideration of the question of economic, social and cultural rights.
The Commission was addressed by the Minister of Health of Iraq and heard statements from its Special Rapporteur on foreign debt and its Independent Expert on human rights and extreme poverty.
Oumid Midhat Mubarak, Minister of Health of Iraq, stated that the principles of human rights had become politicized and were serving as menacing weapons instead of being the ideal instruments which helped nations to exercise their natural right to live in dignity. The economic sanctions imposed by the Security Council had caused the death of 1.5 million Iraqis, while the rest of the population was enduring the injustice and tyranny of the embargo which was in contradiction with the spirit of the United Nations Charter, international humanitarian law, human rights and related international instruments.
At the beginning of its meeting, the Commission concluded its consideration of the question of the violation of human rights and fundamental freedoms in any part of the world. The Chairperson of the Commission, Shambhu Ram Simkhada, announced that at its closed meeting last Friday under procedure 1503, the Commission had decided to discontinue its consideration of the human rights situation in Chile, the Republic of the Congo, Kenya, Latvia, the United Arab Emirates, Viet Nam, Yemen and Zimbabwe. He said the Commission will have another meeting under procedure 1503 which deals with communications concerning alleged violations of human rights. All actions under this procedure remain confidential until such time as the Commission may decide to make recommendations to the Economic and Social Council.
Speaking under the agenda item on economic, social and cultural rights, the Special Rapporteur on the effects of foreign debt on the full enjoyment of economic, social and cultural rights, Reinaldo Figueredo, introduced his report which was prepared jointly with the Independent Expert on structural adjustment policies, Fantu Cheru. Mr. Figueredo said that the process of development had to include the alleviation of extreme poverty. Structural adjustment policies should also include provisions for the reduction of poverty. In addition, there was an urgent need to link debt alleviation to emergency action and the protection of human rights. There should also be a mechanism which automatically cancelled debts when a disaster hit a country.
Anne-Marie Lizin, the Independent Expert on human rights and extreme poverty, said that despite repeated commitments by international organizations, the struggle against extreme poverty had yet to be translated into action. Concerted efforts by all actors had to be maintained as the lack of political will remained a major obstacle in the fight against extreme poverty. Economic freedom alone could not lead to social progress nor to the elimination of poverty. She underlined that the primary responsibility for the fight against extreme poverty rested with the State.
A number of State representatives affirmed that economic, social and cultural rights could not be dissociated from civil and political rights. Many speakers urged that more efforts be made to eradicate poverty which they said was one of the major obstacles to the full enjoyment of the economic, social and cultural rights of millions of people around the world.
Representatives of the following countries spoke this morning: Sudan, Japan, Portugal (on behalf of the European Union), Pakistan, China, Venezuela, Cuba, India, Nepal, Guatemala and Iraq. A representative of the World Bank also took the floor.
The delegates of the following countries spoke in exercise of their right of reply: Cyprus, Greece, Eritrea, Ethiopia, and Turkey.
When the Commission reconvenes at 3 p.m., it will continue its debate on economic, social and cultural rights.
Conclusion of debate on the question of the violation of human rights and fundamental freedoms in any part of the world
OMER SIDDIQ (Sudan) reiterated his country's readiness to cooperate fully with the mechanisms of the Commission and the entire United Nations system with a view to promoting and protecting human rights in the country. Last week, the Sudanese Government had signed with the Office of the High Commissioner for Human Rights an accord for technical cooperation. The two sides had agreed to deploy an international expert in the country with the task of advising the Government on the development of national capacity building.
Referring to the report of the Special Rapporteur on Sudan, the delegate said that his Government welcomed the acknowledgement by the Special Rapporteur of the cooperation extended to him by Sudanese officials and his observation with regard to the stated will of the Government to bring about early peace to the country and to promote the transition to democracy. The Government welcomed the Special Rapporteur’s comment when he stated that "during his stay, he was pleased to observe signs of greater political dialogue and the enjoyment of broader degrees of the freedom of expression, press and assembly".
The Government of Sudan further welcomed the Special Rapporteur’s condemnation of rebel practices which were in violation of human rights and international humanitarian law such as the use of civilian installations for military purposes, recruitment of child soldiers, planting of mines and food diversion. Sudan also associated itself with the serious concerns of the Special Rapporteur with regard to the attempt by the rebels to politicize humanitarian aid by imposing restrictions on its delivery. Furthermore, the Government was dismayed by the facts reported by the Special Rapporteur that the rebels were behaving like an occupying army in Eastern Equatoria with the local Dinka population, in particular the closure of 27 schools in the region. Sudan had submitted written comments on the report to the Commission for its consideration.
Rights of Reply
The representative of Cyprus, speaking in right of reply, said that on Thursday, the Turkish representative had alleged that his country had not invaded Cyprus. Cyprus recalled that Turkey, with a standing army which was larger than the entire population of Cyprus, invaded and military occupied 37 per cent of the island's territory, turned 200,000 people into refugees, caused the death of almost 6,000 people and the disappearance of another 1,619 who were still missing, and implanted more than 100,000 of its own citizens in the territory it had occupied. If that did not constitute invasion, what did, the representative wondered. Further, Turkey had established a pseudo state in the occupied area of Cyprus, an act which was condemned by the UN Security Council in resolution 550/1984. Turkey had shown no respect for the independence and territorial integrity of Cyprus and had consequently violated the rights of the Cypriots.
The representative of Greece, speaking in right of reply, said that the Turkish delegation had referred to the military invasion as an intervention. The Greek delegation referred to the Security Council resolutions which classified the situation as a classic example of military invasion and occupation. How else could the Turkish delegation explain the occupation of 37 per cent of Cyprus, the maintenance of 35,000 troops, the forceful eviction of people from their homes, and the systematic disregard of Security Councils resolutions. This was a violation of the Charter of the United Nations and international law. The situation was unacceptable and the only solution was the implementation of Security Council resolutions.
The representative of Eritrea, speaking in right of reply, referred to the right of reply exercised by the Ethiopian delegation last Thursday and said it did not serve the cause of peace or diplomatic truth to declare acceptance of an agreement and then to refuse to sign it. Eritrea had been ready for seven months to sign the peace agreement while Ethiopia had refused to do the same. How could one implement an agreement which was not signed? Was that a commitment to peace? In addition, the Ethiopian representative considered the number of deported Eritreans and Ethiopians of Eritrean origin to be insignificant. No responsible Government would take numbers into account in matters of human rights.
The representative of Ethiopia, speaking in right of reply, said that the situation of Ethiopian nationals in Eritrea and in the occupied areas was as bleak as ever. In the occupied areas, the Eritrean regime had been dismantling towns and villages that its troops had occupied in an attempt to transform the Ethiopian identity of these areas. Human rights violations of the cruellest form had also been committed against Ethiopian nationals in Eritrea. The Eritrean regime was also engaged in vilification against the democratic process in Ethiopia. The Eritrean regime with its dismal human rights record had no moral standing to appeal before the Commission, let alone talk about democracy in Ethiopia.
The representative of Turkey, speaking in right of reply, said that he would not respond to the accusations against his country. Turkey had already given its opinion on Cyprus last week. The Commission was encouraged to look at the combination of delegations which were criticizing Turkey - Armenians, Greeks and Greek Cypriots - which showed the hostility against Turkey. The Commission was being used as a political forum and not one of promoting human rights. This trend threatened the credibility of the Commission.
The representative of Cyprus, in a second right of reply, said the Turkish representative had claimed that Cyprus' statement was absurd. The statement, however, was based on facts verified by the United Nations’s Security Council and General Assembly resolutions as well as resolutions of the Commission. The representative of Turkey was saying that those organs were not considered to be serious enough and to the liking of his country. If Turkey did not respond to the statements against it, it was because of the fact that its position and politics in Cyprus were indefensible.
The representative of Greece, speaking in second right of reply, said that the refusal of Turkey to inform the Commission whether it was in favour of the implementation of Security Council resolutions on the question of Cyprus proved why the Cyprus problem had not yet been solved. Therefore, the international community had no choice but to call on Turkey to comply with international law and particularly the UN Charter which considered the use of force as illegal.
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.
There is a joint report (E/CN.4/2000/51) by Special Rapporteur Reinaldo Figueredo on the effects of foreign debt on the full enjoyment of economic, social and cultural rights and Independent Expert Fantu Cheru on structural adjustment policies. The report tries to provide three strategic entry points for linking debt relief to social investment: HIV/AIDS prevention in Africa, post Hurricane reconstruction in Central America, and debt relief and the Worst Forms of Child Labour Convention, based on the Bosla Escola scholarship programme in Brazil.
The report concludes, inter alia, that HIV/AIDS, besides being the most important health problem, has become the greatest threat to Africa's development. It brings the case of Zambia, which has one of the worst HIV/AIDS epidemics in the world, and calls on multilateral institutions to immediately cancel the country's debt and provide it with fresh resources so that the crisis can be contained quickly and so that real development can resume on sound footing. Secondly, the report recommends that both Honduras and Nicaragua be declared "disaster areas", given the extent of the economic and social damage left behind by Hurricane Mitch, and that their outstanding debts to creditor countries and institutions be cancelled outright with no conditions. Finally, the report recommends that debt eradication for heavily indebted poor countries be contingent upon a commitment by their Governments to "scholarship/guaranteed family income programmes aimed at keeping children at school by compensating families for the opportunity cost of schooling. Linking debt relief to the said emergencies is one small step in the long march to eradicate poverty in the poorest developing countries, according to the report.
There is a report (E/CN.4/2000/47) by the Secretary-General submitted pursuant to Commission on Human Rights resolution 1999/25 on economic, social and cultural rights. The report recommends that in the year 2000, there should be follow-up to previous international conferences; that in view of the forthcoming World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, a meeting between human rights experts and statisticians could take place exploring issues such as the implications of desegregation by race of present education indicators and future right to education; that the Commission envisages possible ways of sharpening practical approaches for the realization of economic, social and cultural rights and the right to education; and that the synergy is furthered between national bench-setting and the monitoring of the rights enunciated in human rights treaties. The task of determining the core content of the right to education and identifying the right to education remains to be tackled. Given the indivisibility and interdependence of all human rights, the Commission was recommended to consider whether the methodology and approach to the issue of the right to education indicators and benchmarks ought to be emulated for other economic and social rights such as the right to health and the right to safe water.
There is a report by the Secretary-General (E/CN.4/2000/46) reproducing information and views received by the Governments of Congo, Iraq, the Russian Federation and Yugoslavia on the implications and negative effects of unilateral coercive measures imposed on the populations of Member States in contradiction with international law and the Charter of the United Nations.
There is a report of the High Commissioner (E/CN.4/2000/48) on the implementation of the right to food. Section I of the report contains summaries of related comments and suggestions received by Kuwait, the International Monetary Fund, the World Food Programme, the United Nations Children's Fund, the Committee on Economic, Social and Cultural Rights, the Human Rights Committee and the Committee on the Rights of the Child. Section II contains a review of the progress made in the definition of the right to adequate food in international law. Section III contains a number of conclusions, including that there is an international recognition of the right to be free from hunger and to adequate food as a human right that the relevant international institutions now endorses, creating momentum to act in a concerted way to eliminate the scourge of hunger from humanity.
There is a report by the Working Group on Human Rights and Extreme Poverty (E/CN.4/2000/52/Add.1) which contains an account of the Working Group's first consultation on the elaboration of a possible draft declaration on human rights and extreme poverty. The sociological and political aspects, causes, types and situations of poverty, the title of the draft declaration, the objectives and usefulness of a declaration and the elements for inclusion therein are some of the topics addressed in the report.
There is a report by the High Commissioner for Human Rights (E/CN.4/2000/49) reproducing comments received from the Governments of the Czech Republic, Georgia, Germany, Lebanon, Lithuania and the Syrian Arab Republic on the report of the Committee on Economic, Social and Cultural Rights on a draft optional protocol to the International Covenant on Economic, Social and Cultural Rights.
Statements
REINALDO FIGUEREDO, Special Rapporteur on foreign debt, said that in June 1999, the G7 countries had agreed to reduce the debt of highly indebted countries. This decision had not been sufficiently implemented. The financing of development had not been covered exhaustively even though the signals for substantive change in policies of structural adjustment was apparent. The process of development had to include the alleviation of severe poverty. Structural adjustment also had to include provisions for the reduction of poverty.
For this aim, full national participation and transparency was required. Each country would be the master in solving its own poverty. Creditors, States, civil society, the United Nations and this Commission could provide positive elements. The poverty reduction approach had to include all countries; the commitment of the International Monetary Fund and the World Bank was needed to carry out these plans. Ricupero Reubens, the Secretary-General of the United Nations Conference on Trade and Development had recognized the role UNCTAD should play in the eradication of poverty. Inter-agency missions were to take place. Cooperation was vital with regard to poverty reduction programmes. It was essential to ensure the change of policy and successful implementation of structural adjustment. The brunt of criticism by non-governmental organizations focused on the current structural adjustment of the IMF and the World Bank. They were not only to supply a safety net, but should stimulate development and human rights.
The limitations of the current situation was recognized. The link between debt and poverty was very important and there was an urgent need to link debt alleviation to emergency action and the protection of human rights. The AIDS epidemic ran contrary to life expectancy and development. In Africa, 5,000 people a day died of AIDS. The Special Rapporteur suggested that the foreign debt of Zambia be cancelled to enable the Government to deal with the epidemic. The Hurricane Mitch disaster had caused both Honduras and Nicaragua to face enormous debt and their debt should be cancelled immediately. The situation in Mozambique also required a debt cancellation. Based on his discussions with NGOs, the Special Rapporteur suggested that there be a mechanism automatically cancelling debts when a disaster hit a country. This would include the insertion of preventive disaster clauses in lending agreements. The Special Rapporteur encouraged the Commission to discuss the situation of forced child labour in Brazil.
OUMID MIDHAT MUBARAK, Minister of Health of Iraq, said that the principles of human rights had become politicized and were serving as a menacing weapon instead of being the ideal instruments which helped nations to exercise their natural right to live in dignity. The consensus on the rationalization of human rights mechanisms reflected the firm wish of all States to promote and protect human rights. Mutual cooperation between States and human rights mechanisms should be based on the principles and goals of the United Nations Charter, particularly article 55. The work of these mechanisms should be based on objectivity, impartiality and transparency, and should ensure distance from politicization, selectivity and double standards.
The independence of human rights institutions was still weak. Countries such as the United States posed an obstacle to the implementation of human rights. For ten years, Iraq had been exposed to the most hideous crime of genocide, perpetrated in the name of the United Nations. Despite numerous demands formulated by many States, neither the United Nations, the High Commissioner for Human Rights, nor the Commission on Human Rights had adopted a decision calling for the ending of the economic embargo. The United States had gone too far in its continued aggression against developing countries. Iraq was exposed to air aggression and violations of its airspace on a daily basis. The continued silence of the Commission and the refusal to condemn the United States constituted a real danger menacing the future and the work of institutions concerned with human rights. Reference was made to Hans von Sponeck, the United Nations Coordinator for Humanitarian Affairs in Baghdad who had resigned after describing the situation in Iraq as a human tragedy. He was a real defender of human rights as was Denis Halliday, who was the former coordinator in Baghdad, and Jutta Burghart of the World Food Programme, who all resigned in protest.
The economic sanctions imposed by the Security Council had caused the death of 1.5 million Iraqis, while the rest of the population was enduring the injustice and tyranny of this embargo which contradicted the spirit of the United Nations Charter, international humanitarian law, human rights and related international instruments. Iraq had honoured its commitments toward the Security Council resolutions, including resolution 687. In spite of the deteriorating situation in Iraq, the United States and the United Kingdom persisted with their air offensives against Iraq, causing even more damage and destruction. Even worse, there had been delays on purpose of contracts for food, medicine and other humanitarian necessities, going against the Memorandum of Understanding. The sum of suspended contracts had reached $ 1.8 billion. Only 55.23 per cent of the total contracts signed in the framework of the Memorandum had been received. Mortality rates among children less than five had increased to 6,670 during last year, as compared with 593 in 1989. Child mortality for new borns had more than doubled over the past ten years. National health institutions were no longer able to meet the urgent needs of the population. The deterioration of the health situation was not only limited to the scarcity of medicine, medical equipments and other necessities, but was the result of the total collapse of the general sanitary infrastructure.
The Commission was requested to fulfill its humanitarian responsibility, to break the silence and put an end to the suffering Iraq was subjected to. Promoting human rights required a sound economical, social and political environment, an embargo such as the one imposed on Iraq could only serve to worsen such an environment. A favourable resolution in this respect would no doubt contribute to consolidating the credibility of the Commission and enable it to fulfill its duties in the future.
Anne-Marie Lizin, Independent Expert on human rights and extreme poverty, said that despite repeated commitments by international organizations, the struggle against extreme poverty had yet to be translated into action. Therefore, concerted efforts by all actors had to be maintained. Economic freedom alone could not lead to social progress nor to the elimination of poverty. Corrective social rules had be introduced to ensure that economic and socials right were respected.
Women were the most affected by extreme poverty. Indeed, in the third millennium, the scourge of extreme poverty remained one of the main obstacles to the promotion of women's right to development. Extreme poverty constituted a denial of all human rights. In particular it violated the right to dignity and the principle of non-discrimination. The situation of the poor showed how interdependent and indivisible human rights were, be it the right to minimal standard of living, the right to housing, education, work or health or the right to participate in the political and social life.
Primary responsibility for the fight against extreme poverty rested with the State. The lack of political will remained however a major obstacle in the fight against extreme poverty. Further, the weakness of the administrative and economic State structures paralysed action by some States. The debt burden, armed conflicts, natural catastrophes and financial crises further contributed to weakening State participation in the combat against extreme poverty.
Real action against extreme poverty could only take shape if it reflected the people's concern. Decentralization was essential in this regard as were non-governmental organizations which could fill the loopholes in State structures.
A world alliance which would bring together all actors was essential if extreme poverty was to be eliminated. Increased overseas development assistance, enhancing the role of local authorities, the development of micro-credit institutions, promoting legislation guaranteeing minimal income, promoting information, and education of the poorest, were some measures which could put flesh on efforts to eradicate extreme poverty.
KOICHI HARAGUCHI (Japan) said he believed that economic, social and cultural rights were important components of human rights. In view of the universality and indivisibility of all human rights, it was essential that economic, social and cultural rights be promoted in tandem with civil and political rights, and one should recognize that without paying sufficient attention to one, one would find it difficult to promote the other to the full. At the same time, it should be agreed that underdevelopment should not be used as an easy excuse for neglecting internationally recognized human rights.
In that context, Japan strongly supported the efforts made by the UN High Commissioner for Human Rights to enhance all human rights in a balanced manner. Her endeavour to mainstream a human rights perspective in a wide range of fields and bodies, especially in the field of development, in cooperation with Governments, other UN bodies, and specialized agencies, was an important and effective step in the right direction toward the universal realization of human rights. Japan welcomed that "poverty and the enjoyment of human rights" had been decided on as the theme of the special dialogue of the Commission this year. It also supported an approach that dealt with the alleviation of poverty from a perspective of human rights protection.
ALVARO MENDONCA E MOURA (Portugal) said, on behalf of the European Union, that there was an indivisibility, interdependence and interrelationship between economic, social and cultural rights and civil and political rights. Full attainment of freedom and dignity of life was only possible with the full enjoyment of all these rights. None of these rights were inherently different or inferior to the others. This was clearly demonstrated in the Universal Declaration of Human Rights and in the Vienna Declaration and Programme of Action. The European Union stressed that the right to economic, social and cultural rights such as the right to food, education, health, social security and adequate housing, contributed to the enjoyment of civil and political rights. In the same way, respect for civil and political rights was instrumental in the implementation of economic, social and cultural rights.
The European Union highlighted the common denominators between economic, social and cultural rights and civil and political rights, such as the necessity of equal respect for all human rights and the notion of non-discrimination. The full implementation of all economic, social and cultural rights could not be achieved in a short period of time. Progressive realization was necessary. Some rights however, could be implemented without delay, such as the union rights contained in Article 8 of the International Covenant on Economic, Social and Cultural Rights. The EU supported the development of indicators and benchmarks as a decisive contribution to putting economic and social rights in operation and to ensure their optimal realization. The EU underlined the role of specialized agencies and international financial institutions in protecting and promoting economic, social and cultural rights.
The EU focused on the development of social, economic and cultural rights as linked with the eradication of poverty and the right to education. It was well-known that 20 per cent of the population of the planet lived in abject poverty. Poverty eradication and the elimination of the worst forms of child labour had thus become a central theme for the international community. The Organization for Economic Cooperation and Development had set a goal to reduce poverty by half in developing countries by the year 2015. Inter-agency commitment and activities were essential in this context. It was hoped that the World Social Summit would give new impetus to international efforts towards the eradication of poverty in close relationship with social development. The right to education was both a human right in itself and an indispensable means of realizing other human rights and empowerment. The right to education was a fundamental vehicle for combating poverty and for resisting discrimination in all its forms. An estimated 855 million people were currently illiterate.
TEHMINA JANJUA (Pakistan), referring to the joint report by the Independent Expert on structural adjustment and the Special Rapporteur on foreign debt, said that while their mandates were complementary, a joint report was not what the Commission had asked for. The Independent Expert was requested to elaborate draft basic guidelines on structural adjustment policies and to monitor new developments. Beside choosing three topics - HIV/AIDS, post Hurricane Mitch Reconstruction and the Worst Forms of Child Labour - the report was silent on most of the issues contained in the mandate given to him. The analysis of the HIV/AIDS on the socio-economic environment of the affected countries and the devastation caused by Hurricane Mitch were relevant but these were not the only elements of the work the expert was requested to undertake.
Did the Independent Expert and Special Rapporteur assume that structural adjustment was no longer needed or that the structural adjustment problems of the developing countries had been overcome overnight, the representative wondered. It was regrettable that the report made no reference to the necessity of better market conditions, access to financial and capital markets and access to technology by the developing countries as well as the evident need for transparency and the full participation of these countries in the deliberations and activities of international financial institutions.
In the age of globalization, while prosperity had grown, poverty had also increased in absolute terms. A significant portion of the world's population had been marginalised. They were indeed the "Wretched of the Earth". Unfortunately, economic, social and cultural rights had not been accorded the national and international priority which they deserved and required.
LIU XINSHENG (China) affirmed that economic, social and cultural rights were part and parcel of human rights and fundamental freedoms, however, for most of the developing countries, the full realization and enjoyment of those rights remained a distant goal. Hence, the international community was confronted with extremely harsh challenges and urgent tasks to promote and protect those rights. The new China, which was born in poverty and backwardness five decades ago, had created a miracle in the world in the field of protecting and promoting economic, social and cultural rights. In 1999, China's gross domestic product had reached 8,300 billion yuan. That was 122 times that of 1949, representing an average annual growth of 7.7 per cent in 50 years; China’s total foreign trade volume had reached $ 3,607 billion, 286 times of 50 years ago, increasing at an average annual rate of 12.5 per cent. China's economic aggregates now ranked seventh in the world, its trade volume ninth and its foreign exchange reserve second. At present, China led the world in grain output and was feeding 22 per cent of the world's population with only 7 per cent of the arable land in the world. Due to its devotion to the elimination of poverty, the population of the rural poor in the country had dropped from 250 million to 34 million in the past 20 years, bringing down the percentage of the poor from 30.7 per cent 4.6 per cent. With regard to medical and health care as well as cultural and educational undertakings, the average life expectancy in China had increased from 35 years of age in 1949 to 71, the same level of a medium developed nation. The illiteracy rate had dropped from 80 per cent in 1949 to 14.5 per cent, with the figure for the young and middle-aged lowered to below 5.5 per cent.
VICTOR RODRIGUEZ CEDENO (Venezuela) welcomed the report on structural adjustment by the Special Rapporteur. Growth and development could not only focus on the market to solve all social problems. The human being was at the centre of development and hence social, economic and cultural rights were essential. It was recommended that measures of debt alleviation be broader, to deal with the financing of development in poor countries. The Commission had to work with the view to solve external debts of developing countries and promote sustained growth and economic development. Substantive changes had to be implemented in the structural adjustment policies. All States should be able to promote social reform, reduce poverty and guarantee the full enjoyment of human rights; however, the burden of debt restricted the ability to plan any development.
Changes should be made in the policies that were currently applied. The international community needed to strengthen the links between creditor States, civil society, financial institutions and the United Nations. The social, economic and cultural rights aspect of human rights were an integral part of monetary balance and growth. There had to be a flexible formula for debt servicing. The delegation of Venezuela shared the concern expressed by the Special Rapporteur as to the relationship between natural disasters, epidemics and debt. In this context, Hurrican Mitch, the flooding in
Mozambique and the AIDS epidemic in Zambia were referred to. The inclusion of preventive clauses for disasters and changed circumstances was recommended. The legality of external debt was of significant importance and something the Commission was urged to reflect upon.
MERCEDES DE ARMAS GARCIA (Cuba) said that the achievement of economic, social and cultural rights was given second place on the international agenda. The brutal contrast between wealth and poverty constituted a flagrant violation of the most fundamental economic, social and cultural rights, including in growing sectors of the richest countries in world. In the poorest counties, 35 million people lived below the poverty line, 11.2 million suffered hunger and a further 23.5 million had limited access to food.
The United States had not only shown its inability to secure the fulfilment of such basic rights for its own people, but had systematically imposed actions amounting to gross violations of economic, social and cultural rights of other peoples, including the Cuban people. The United States had ignored for eight consecutive years General Assembly resolutions establishing the need to put an end to the economic, commercial and financial embargo against Cuba. The illegal embargo, in place for 40 years, had created numerous obstacles to economic and social development in the country. This policy of economic strangulation was aimed at imposing on Cuba the economic and social model of imperialist U.S. and amounted to a policy of genocide.
The fact that Cuba had resisted the embargo for years showed not only how effective the Cuban system was but also demonstrated to what extent the Cuban people supported their social project and model of democracy and social justice. Unilateral sanctions were not only applied against Cuba. By the end of 1988, economic sanctions were applied against 75 countries, representing 75 per cent of the world's population. The Commission was urged to denounce the imposition of unilateral coercive measures, such as the criminal and illegal embargo imposed by the U.S. against Cuba.
SHARAT SABHARWAL (India) said that although his country's Constitution preceded the adoption of the International Covenant on Economic, Social and Cultural Rights, it was deeply influenced by the Universal Declaration of Human Rights in giving recognition to economic, social and cultural rights through a chapter on "directive principles" of state policy. The policy enjoined upon the newly independent polity to ensure the progress realization of those rights. In a series of landmark judgements, the Indian Supreme Court had ordered that the "directive principle" should be read into the fundamental rights, also contained in the Constitution, as the two sets of rights were supplementary to each other. The Court had further ruled that without making the right to education, contained in the directive principles, a reality, fundamental rights would remain beyond the reach of large segments of the population which were illiterate. The Apex Court had also ruled that the right to life included within it the right to live with human dignity and all that went along with it, namely, the necessities of life such as adequate nutrition, clothing, shelter and basic education.
RAMBHAKTA THAKUR (Nepal) said that all human rights were interlinked and could not be seperated, nor could they be studied in one single aspect without taking into consideration all other rights. Nepal focused on the conceptual aspects of foreign aid and highlighted the incredible inequalities between developed and developing countries. Despite all the efforts by the international community, the trend of global cooperation in the field of development had not been promising and was far from meeting the general spirit of the United Nations Charter. As a result there were millions of hungry, illiterate and unemployed people. There had to be a new international economic order based on equality and justice.
The Commission was urged to consider the following points: the debt burden was more than $ 2.5 trillion; attention had to be given to the fact that suitable development and poverty eradication could only be attained by a socio-economic approach. In order to reach a durable solution, there was a need for a debt strategy which was accompanied by a supportive international economic environment. This included the implementation of the results of the Uruguay Round and the Marrakesh Ministerial decisions. There was a need to continue debt relief measures, including debt cancellation, in order to support the implementation of economic reforms, stabilization and structural adjusment programmes. There was a need to realize the initiative of the G7 in Cologne regarding the Highly Indebted Poor Countries, and to refrain from the International Monetary Fund proposal of selling gold.
LUIS ALBERTO PADILLA (Guatemala) said that the lack of resources of Governments of developing countries was one problem which made the adoption of public policies that adequately addressed social and cultural rights difficult. Governments had not been able to dispose of sufficient funding to establish, for example, education programmes to guarantee primary education for all children, diminish infant mortality or increase the life expectancy of those who lived in extreme poverty.
In spite of the International Labour Office’s efforts, the worst forms of child labour had not been eradicated; poverty had not substantially diminished through the creation of common employment policies for small and medium enterprises, which, in many countries had been harmed because of their incapability to compete in the global economy. Nor had micro-financing programmes been able to solve the problem of extreme poverty of one billion people.
Governments had problems fighting poverty because of difficulties caused by structural adjustment policies designed by the International Monetary Fund with a view to balancing budgets and reducing inflation. These policies entailed the elimination of subsidies (for public transport, electricity, telephones, hospitals, schools, universities, etc) and therefore had negative effects in the social scope since they aggravated the poverty conditions of the majority of the population in developing countries. Guatemala therefore insisted on the importance of implementing the concrete proposals put forward in the joint report by the Special Rapporteur on foreign debt and the Special Representative on structural adjustment.
SAID HUSSAIN (Iraq) said his country had been totally subjected to the most rigid and elaborated regime of embargo and comprehensive economic sanctions from August 1990 until today. That iniquitous regime, in place for a long time now, had severely affected and crippled all aspects of public life in Iraq and had succeeded in dismantling the social fabric of Iraqi society. Concerning the subject of economic rights, the Iraqi population had been denied the right to benefit from and dispose of the revenues of its major resource -- oil. That situation had caused the handicap of many economic utilities: the interruption of the movement of trade and financial transactions both at the national and international level, the increase in the number of unemployed persons and the deterioration of the Iraqis living standards. Other sectors such as tourism, services and transport had been also severely harmed by the air and maritime embargo imposed by the United States and Great Britain against Iraq. As for the subject of social rights, because of the grave deterioration of the economic situation, thousands of Iraqis had no choice but to leave their country in search for new means of subsistence for their families. Concerning cultural rights, the educational and teaching institutions were facing a severe shortage of materials necessary for fully conducting any teaching activities. The hostile military operations conducted by the United States and Great Britain against Iraq had severely harmed the infrastructure of all public life utilities, such as power generating stations, water sanitation, oil pumping stations, port docks, civil factories, cereal silos and cultural institutions.
ALFREDO SFEIR-YOUNIS, of the World Bank, said the era of structural adjustment may be over, but not the era of adjustment. Lessons had been learned from past policies. Adjustment took longer than previously expected, in order to achieve adjustment policies that promoted good governance. If structural problems were not solved, there could be no effective stabilization. The World Bank was currently working in cooperation with 300 non-governmental organizations. Addressing the external debt problems was necessary. The link between debt and growth and debt and sustainability had to be investigated. Poverty was a violation of human rights, and development had to be conceived differently. The World Bank agreed with the principle of education, but questioned the way in which it was implemented.
Concerning the report of the Special Rapporteur on education, it contained interesting issues, but elementary education could not simply be financed through economic growth. Priorities were not the same for every country. There was a need to ensure development and the World Bank was ready to help countries in this regard.
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56th session
3 April 2000
Morning
Decides to Discontinue Consideration of Situation in Chile, Republic of Congo, Kenya, Latvia, United Arab Emirates, Viet Nam, Yemen and Zimbabwe
The Commission on Human Rights this morning started its consideration of the question of economic, social and cultural rights.
The Commission was addressed by the Minister of Health of Iraq and heard statements from its Special Rapporteur on foreign debt and its Independent Expert on human rights and extreme poverty.
Oumid Midhat Mubarak, Minister of Health of Iraq, stated that the principles of human rights had become politicized and were serving as menacing weapons instead of being the ideal instruments which helped nations to exercise their natural right to live in dignity. The economic sanctions imposed by the Security Council had caused the death of 1.5 million Iraqis, while the rest of the population was enduring the injustice and tyranny of the embargo which was in contradiction with the spirit of the United Nations Charter, international humanitarian law, human rights and related international instruments.
At the beginning of its meeting, the Commission concluded its consideration of the question of the violation of human rights and fundamental freedoms in any part of the world. The Chairperson of the Commission, Shambhu Ram Simkhada, announced that at its closed meeting last Friday under procedure 1503, the Commission had decided to discontinue its consideration of the human rights situation in Chile, the Republic of the Congo, Kenya, Latvia, the United Arab Emirates, Viet Nam, Yemen and Zimbabwe. He said the Commission will have another meeting under procedure 1503 which deals with communications concerning alleged violations of human rights. All actions under this procedure remain confidential until such time as the Commission may decide to make recommendations to the Economic and Social Council.
Speaking under the agenda item on economic, social and cultural rights, the Special Rapporteur on the effects of foreign debt on the full enjoyment of economic, social and cultural rights, Reinaldo Figueredo, introduced his report which was prepared jointly with the Independent Expert on structural adjustment policies, Fantu Cheru. Mr. Figueredo said that the process of development had to include the alleviation of extreme poverty. Structural adjustment policies should also include provisions for the reduction of poverty. In addition, there was an urgent need to link debt alleviation to emergency action and the protection of human rights. There should also be a mechanism which automatically cancelled debts when a disaster hit a country.
Anne-Marie Lizin, the Independent Expert on human rights and extreme poverty, said that despite repeated commitments by international organizations, the struggle against extreme poverty had yet to be translated into action. Concerted efforts by all actors had to be maintained as the lack of political will remained a major obstacle in the fight against extreme poverty. Economic freedom alone could not lead to social progress nor to the elimination of poverty. She underlined that the primary responsibility for the fight against extreme poverty rested with the State.
A number of State representatives affirmed that economic, social and cultural rights could not be dissociated from civil and political rights. Many speakers urged that more efforts be made to eradicate poverty which they said was one of the major obstacles to the full enjoyment of the economic, social and cultural rights of millions of people around the world.
Representatives of the following countries spoke this morning: Sudan, Japan, Portugal (on behalf of the European Union), Pakistan, China, Venezuela, Cuba, India, Nepal, Guatemala and Iraq. A representative of the World Bank also took the floor.
The delegates of the following countries spoke in exercise of their right of reply: Cyprus, Greece, Eritrea, Ethiopia, and Turkey.
When the Commission reconvenes at 3 p.m., it will continue its debate on economic, social and cultural rights.
Conclusion of debate on the question of the violation of human rights and fundamental freedoms in any part of the world
OMER SIDDIQ (Sudan) reiterated his country's readiness to cooperate fully with the mechanisms of the Commission and the entire United Nations system with a view to promoting and protecting human rights in the country. Last week, the Sudanese Government had signed with the Office of the High Commissioner for Human Rights an accord for technical cooperation. The two sides had agreed to deploy an international expert in the country with the task of advising the Government on the development of national capacity building.
Referring to the report of the Special Rapporteur on Sudan, the delegate said that his Government welcomed the acknowledgement by the Special Rapporteur of the cooperation extended to him by Sudanese officials and his observation with regard to the stated will of the Government to bring about early peace to the country and to promote the transition to democracy. The Government welcomed the Special Rapporteur’s comment when he stated that "during his stay, he was pleased to observe signs of greater political dialogue and the enjoyment of broader degrees of the freedom of expression, press and assembly".
The Government of Sudan further welcomed the Special Rapporteur’s condemnation of rebel practices which were in violation of human rights and international humanitarian law such as the use of civilian installations for military purposes, recruitment of child soldiers, planting of mines and food diversion. Sudan also associated itself with the serious concerns of the Special Rapporteur with regard to the attempt by the rebels to politicize humanitarian aid by imposing restrictions on its delivery. Furthermore, the Government was dismayed by the facts reported by the Special Rapporteur that the rebels were behaving like an occupying army in Eastern Equatoria with the local Dinka population, in particular the closure of 27 schools in the region. Sudan had submitted written comments on the report to the Commission for its consideration.
Rights of Reply
The representative of Cyprus, speaking in right of reply, said that on Thursday, the Turkish representative had alleged that his country had not invaded Cyprus. Cyprus recalled that Turkey, with a standing army which was larger than the entire population of Cyprus, invaded and military occupied 37 per cent of the island's territory, turned 200,000 people into refugees, caused the death of almost 6,000 people and the disappearance of another 1,619 who were still missing, and implanted more than 100,000 of its own citizens in the territory it had occupied. If that did not constitute invasion, what did, the representative wondered. Further, Turkey had established a pseudo state in the occupied area of Cyprus, an act which was condemned by the UN Security Council in resolution 550/1984. Turkey had shown no respect for the independence and territorial integrity of Cyprus and had consequently violated the rights of the Cypriots.
The representative of Greece, speaking in right of reply, said that the Turkish delegation had referred to the military invasion as an intervention. The Greek delegation referred to the Security Council resolutions which classified the situation as a classic example of military invasion and occupation. How else could the Turkish delegation explain the occupation of 37 per cent of Cyprus, the maintenance of 35,000 troops, the forceful eviction of people from their homes, and the systematic disregard of Security Councils resolutions. This was a violation of the Charter of the United Nations and international law. The situation was unacceptable and the only solution was the implementation of Security Council resolutions.
The representative of Eritrea, speaking in right of reply, referred to the right of reply exercised by the Ethiopian delegation last Thursday and said it did not serve the cause of peace or diplomatic truth to declare acceptance of an agreement and then to refuse to sign it. Eritrea had been ready for seven months to sign the peace agreement while Ethiopia had refused to do the same. How could one implement an agreement which was not signed? Was that a commitment to peace? In addition, the Ethiopian representative considered the number of deported Eritreans and Ethiopians of Eritrean origin to be insignificant. No responsible Government would take numbers into account in matters of human rights.
The representative of Ethiopia, speaking in right of reply, said that the situation of Ethiopian nationals in Eritrea and in the occupied areas was as bleak as ever. In the occupied areas, the Eritrean regime had been dismantling towns and villages that its troops had occupied in an attempt to transform the Ethiopian identity of these areas. Human rights violations of the cruellest form had also been committed against Ethiopian nationals in Eritrea. The Eritrean regime was also engaged in vilification against the democratic process in Ethiopia. The Eritrean regime with its dismal human rights record had no moral standing to appeal before the Commission, let alone talk about democracy in Ethiopia.
The representative of Turkey, speaking in right of reply, said that he would not respond to the accusations against his country. Turkey had already given its opinion on Cyprus last week. The Commission was encouraged to look at the combination of delegations which were criticizing Turkey - Armenians, Greeks and Greek Cypriots - which showed the hostility against Turkey. The Commission was being used as a political forum and not one of promoting human rights. This trend threatened the credibility of the Commission.
The representative of Cyprus, in a second right of reply, said the Turkish representative had claimed that Cyprus' statement was absurd. The statement, however, was based on facts verified by the United Nations’s Security Council and General Assembly resolutions as well as resolutions of the Commission. The representative of Turkey was saying that those organs were not considered to be serious enough and to the liking of his country. If Turkey did not respond to the statements against it, it was because of the fact that its position and politics in Cyprus were indefensible.
The representative of Greece, speaking in second right of reply, said that the refusal of Turkey to inform the Commission whether it was in favour of the implementation of Security Council resolutions on the question of Cyprus proved why the Cyprus problem had not yet been solved. Therefore, the international community had no choice but to call on Turkey to comply with international law and particularly the UN Charter which considered the use of force as illegal.
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.
There is a joint report (E/CN.4/2000/51) by Special Rapporteur Reinaldo Figueredo on the effects of foreign debt on the full enjoyment of economic, social and cultural rights and Independent Expert Fantu Cheru on structural adjustment policies. The report tries to provide three strategic entry points for linking debt relief to social investment: HIV/AIDS prevention in Africa, post Hurricane reconstruction in Central America, and debt relief and the Worst Forms of Child Labour Convention, based on the Bosla Escola scholarship programme in Brazil.
The report concludes, inter alia, that HIV/AIDS, besides being the most important health problem, has become the greatest threat to Africa's development. It brings the case of Zambia, which has one of the worst HIV/AIDS epidemics in the world, and calls on multilateral institutions to immediately cancel the country's debt and provide it with fresh resources so that the crisis can be contained quickly and so that real development can resume on sound footing. Secondly, the report recommends that both Honduras and Nicaragua be declared "disaster areas", given the extent of the economic and social damage left behind by Hurricane Mitch, and that their outstanding debts to creditor countries and institutions be cancelled outright with no conditions. Finally, the report recommends that debt eradication for heavily indebted poor countries be contingent upon a commitment by their Governments to "scholarship/guaranteed family income programmes aimed at keeping children at school by compensating families for the opportunity cost of schooling. Linking debt relief to the said emergencies is one small step in the long march to eradicate poverty in the poorest developing countries, according to the report.
There is a report (E/CN.4/2000/47) by the Secretary-General submitted pursuant to Commission on Human Rights resolution 1999/25 on economic, social and cultural rights. The report recommends that in the year 2000, there should be follow-up to previous international conferences; that in view of the forthcoming World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, a meeting between human rights experts and statisticians could take place exploring issues such as the implications of desegregation by race of present education indicators and future right to education; that the Commission envisages possible ways of sharpening practical approaches for the realization of economic, social and cultural rights and the right to education; and that the synergy is furthered between national bench-setting and the monitoring of the rights enunciated in human rights treaties. The task of determining the core content of the right to education and identifying the right to education remains to be tackled. Given the indivisibility and interdependence of all human rights, the Commission was recommended to consider whether the methodology and approach to the issue of the right to education indicators and benchmarks ought to be emulated for other economic and social rights such as the right to health and the right to safe water.
There is a report by the Secretary-General (E/CN.4/2000/46) reproducing information and views received by the Governments of Congo, Iraq, the Russian Federation and Yugoslavia on the implications and negative effects of unilateral coercive measures imposed on the populations of Member States in contradiction with international law and the Charter of the United Nations.
There is a report of the High Commissioner (E/CN.4/2000/48) on the implementation of the right to food. Section I of the report contains summaries of related comments and suggestions received by Kuwait, the International Monetary Fund, the World Food Programme, the United Nations Children's Fund, the Committee on Economic, Social and Cultural Rights, the Human Rights Committee and the Committee on the Rights of the Child. Section II contains a review of the progress made in the definition of the right to adequate food in international law. Section III contains a number of conclusions, including that there is an international recognition of the right to be free from hunger and to adequate food as a human right that the relevant international institutions now endorses, creating momentum to act in a concerted way to eliminate the scourge of hunger from humanity.
There is a report by the Working Group on Human Rights and Extreme Poverty (E/CN.4/2000/52/Add.1) which contains an account of the Working Group's first consultation on the elaboration of a possible draft declaration on human rights and extreme poverty. The sociological and political aspects, causes, types and situations of poverty, the title of the draft declaration, the objectives and usefulness of a declaration and the elements for inclusion therein are some of the topics addressed in the report.
There is a report by the High Commissioner for Human Rights (E/CN.4/2000/49) reproducing comments received from the Governments of the Czech Republic, Georgia, Germany, Lebanon, Lithuania and the Syrian Arab Republic on the report of the Committee on Economic, Social and Cultural Rights on a draft optional protocol to the International Covenant on Economic, Social and Cultural Rights.
Statements
REINALDO FIGUEREDO, Special Rapporteur on foreign debt, said that in June 1999, the G7 countries had agreed to reduce the debt of highly indebted countries. This decision had not been sufficiently implemented. The financing of development had not been covered exhaustively even though the signals for substantive change in policies of structural adjustment was apparent. The process of development had to include the alleviation of severe poverty. Structural adjustment also had to include provisions for the reduction of poverty.
For this aim, full national participation and transparency was required. Each country would be the master in solving its own poverty. Creditors, States, civil society, the United Nations and this Commission could provide positive elements. The poverty reduction approach had to include all countries; the commitment of the International Monetary Fund and the World Bank was needed to carry out these plans. Ricupero Reubens, the Secretary-General of the United Nations Conference on Trade and Development had recognized the role UNCTAD should play in the eradication of poverty. Inter-agency missions were to take place. Cooperation was vital with regard to poverty reduction programmes. It was essential to ensure the change of policy and successful implementation of structural adjustment. The brunt of criticism by non-governmental organizations focused on the current structural adjustment of the IMF and the World Bank. They were not only to supply a safety net, but should stimulate development and human rights.
The limitations of the current situation was recognized. The link between debt and poverty was very important and there was an urgent need to link debt alleviation to emergency action and the protection of human rights. The AIDS epidemic ran contrary to life expectancy and development. In Africa, 5,000 people a day died of AIDS. The Special Rapporteur suggested that the foreign debt of Zambia be cancelled to enable the Government to deal with the epidemic. The Hurricane Mitch disaster had caused both Honduras and Nicaragua to face enormous debt and their debt should be cancelled immediately. The situation in Mozambique also required a debt cancellation. Based on his discussions with NGOs, the Special Rapporteur suggested that there be a mechanism automatically cancelling debts when a disaster hit a country. This would include the insertion of preventive disaster clauses in lending agreements. The Special Rapporteur encouraged the Commission to discuss the situation of forced child labour in Brazil.
OUMID MIDHAT MUBARAK, Minister of Health of Iraq, said that the principles of human rights had become politicized and were serving as a menacing weapon instead of being the ideal instruments which helped nations to exercise their natural right to live in dignity. The consensus on the rationalization of human rights mechanisms reflected the firm wish of all States to promote and protect human rights. Mutual cooperation between States and human rights mechanisms should be based on the principles and goals of the United Nations Charter, particularly article 55. The work of these mechanisms should be based on objectivity, impartiality and transparency, and should ensure distance from politicization, selectivity and double standards.
The independence of human rights institutions was still weak. Countries such as the United States posed an obstacle to the implementation of human rights. For ten years, Iraq had been exposed to the most hideous crime of genocide, perpetrated in the name of the United Nations. Despite numerous demands formulated by many States, neither the United Nations, the High Commissioner for Human Rights, nor the Commission on Human Rights had adopted a decision calling for the ending of the economic embargo. The United States had gone too far in its continued aggression against developing countries. Iraq was exposed to air aggression and violations of its airspace on a daily basis. The continued silence of the Commission and the refusal to condemn the United States constituted a real danger menacing the future and the work of institutions concerned with human rights. Reference was made to Hans von Sponeck, the United Nations Coordinator for Humanitarian Affairs in Baghdad who had resigned after describing the situation in Iraq as a human tragedy. He was a real defender of human rights as was Denis Halliday, who was the former coordinator in Baghdad, and Jutta Burghart of the World Food Programme, who all resigned in protest.
The economic sanctions imposed by the Security Council had caused the death of 1.5 million Iraqis, while the rest of the population was enduring the injustice and tyranny of this embargo which contradicted the spirit of the United Nations Charter, international humanitarian law, human rights and related international instruments. Iraq had honoured its commitments toward the Security Council resolutions, including resolution 687. In spite of the deteriorating situation in Iraq, the United States and the United Kingdom persisted with their air offensives against Iraq, causing even more damage and destruction. Even worse, there had been delays on purpose of contracts for food, medicine and other humanitarian necessities, going against the Memorandum of Understanding. The sum of suspended contracts had reached $ 1.8 billion. Only 55.23 per cent of the total contracts signed in the framework of the Memorandum had been received. Mortality rates among children less than five had increased to 6,670 during last year, as compared with 593 in 1989. Child mortality for new borns had more than doubled over the past ten years. National health institutions were no longer able to meet the urgent needs of the population. The deterioration of the health situation was not only limited to the scarcity of medicine, medical equipments and other necessities, but was the result of the total collapse of the general sanitary infrastructure.
The Commission was requested to fulfill its humanitarian responsibility, to break the silence and put an end to the suffering Iraq was subjected to. Promoting human rights required a sound economical, social and political environment, an embargo such as the one imposed on Iraq could only serve to worsen such an environment. A favourable resolution in this respect would no doubt contribute to consolidating the credibility of the Commission and enable it to fulfill its duties in the future.
Anne-Marie Lizin, Independent Expert on human rights and extreme poverty, said that despite repeated commitments by international organizations, the struggle against extreme poverty had yet to be translated into action. Therefore, concerted efforts by all actors had to be maintained. Economic freedom alone could not lead to social progress nor to the elimination of poverty. Corrective social rules had be introduced to ensure that economic and socials right were respected.
Women were the most affected by extreme poverty. Indeed, in the third millennium, the scourge of extreme poverty remained one of the main obstacles to the promotion of women's right to development. Extreme poverty constituted a denial of all human rights. In particular it violated the right to dignity and the principle of non-discrimination. The situation of the poor showed how interdependent and indivisible human rights were, be it the right to minimal standard of living, the right to housing, education, work or health or the right to participate in the political and social life.
Primary responsibility for the fight against extreme poverty rested with the State. The lack of political will remained however a major obstacle in the fight against extreme poverty. Further, the weakness of the administrative and economic State structures paralysed action by some States. The debt burden, armed conflicts, natural catastrophes and financial crises further contributed to weakening State participation in the combat against extreme poverty.
Real action against extreme poverty could only take shape if it reflected the people's concern. Decentralization was essential in this regard as were non-governmental organizations which could fill the loopholes in State structures.
A world alliance which would bring together all actors was essential if extreme poverty was to be eliminated. Increased overseas development assistance, enhancing the role of local authorities, the development of micro-credit institutions, promoting legislation guaranteeing minimal income, promoting information, and education of the poorest, were some measures which could put flesh on efforts to eradicate extreme poverty.
KOICHI HARAGUCHI (Japan) said he believed that economic, social and cultural rights were important components of human rights. In view of the universality and indivisibility of all human rights, it was essential that economic, social and cultural rights be promoted in tandem with civil and political rights, and one should recognize that without paying sufficient attention to one, one would find it difficult to promote the other to the full. At the same time, it should be agreed that underdevelopment should not be used as an easy excuse for neglecting internationally recognized human rights.
In that context, Japan strongly supported the efforts made by the UN High Commissioner for Human Rights to enhance all human rights in a balanced manner. Her endeavour to mainstream a human rights perspective in a wide range of fields and bodies, especially in the field of development, in cooperation with Governments, other UN bodies, and specialized agencies, was an important and effective step in the right direction toward the universal realization of human rights. Japan welcomed that "poverty and the enjoyment of human rights" had been decided on as the theme of the special dialogue of the Commission this year. It also supported an approach that dealt with the alleviation of poverty from a perspective of human rights protection.
ALVARO MENDONCA E MOURA (Portugal) said, on behalf of the European Union, that there was an indivisibility, interdependence and interrelationship between economic, social and cultural rights and civil and political rights. Full attainment of freedom and dignity of life was only possible with the full enjoyment of all these rights. None of these rights were inherently different or inferior to the others. This was clearly demonstrated in the Universal Declaration of Human Rights and in the Vienna Declaration and Programme of Action. The European Union stressed that the right to economic, social and cultural rights such as the right to food, education, health, social security and adequate housing, contributed to the enjoyment of civil and political rights. In the same way, respect for civil and political rights was instrumental in the implementation of economic, social and cultural rights.
The European Union highlighted the common denominators between economic, social and cultural rights and civil and political rights, such as the necessity of equal respect for all human rights and the notion of non-discrimination. The full implementation of all economic, social and cultural rights could not be achieved in a short period of time. Progressive realization was necessary. Some rights however, could be implemented without delay, such as the union rights contained in Article 8 of the International Covenant on Economic, Social and Cultural Rights. The EU supported the development of indicators and benchmarks as a decisive contribution to putting economic and social rights in operation and to ensure their optimal realization. The EU underlined the role of specialized agencies and international financial institutions in protecting and promoting economic, social and cultural rights.
The EU focused on the development of social, economic and cultural rights as linked with the eradication of poverty and the right to education. It was well-known that 20 per cent of the population of the planet lived in abject poverty. Poverty eradication and the elimination of the worst forms of child labour had thus become a central theme for the international community. The Organization for Economic Cooperation and Development had set a goal to reduce poverty by half in developing countries by the year 2015. Inter-agency commitment and activities were essential in this context. It was hoped that the World Social Summit would give new impetus to international efforts towards the eradication of poverty in close relationship with social development. The right to education was both a human right in itself and an indispensable means of realizing other human rights and empowerment. The right to education was a fundamental vehicle for combating poverty and for resisting discrimination in all its forms. An estimated 855 million people were currently illiterate.
TEHMINA JANJUA (Pakistan), referring to the joint report by the Independent Expert on structural adjustment and the Special Rapporteur on foreign debt, said that while their mandates were complementary, a joint report was not what the Commission had asked for. The Independent Expert was requested to elaborate draft basic guidelines on structural adjustment policies and to monitor new developments. Beside choosing three topics - HIV/AIDS, post Hurricane Mitch Reconstruction and the Worst Forms of Child Labour - the report was silent on most of the issues contained in the mandate given to him. The analysis of the HIV/AIDS on the socio-economic environment of the affected countries and the devastation caused by Hurricane Mitch were relevant but these were not the only elements of the work the expert was requested to undertake.
Did the Independent Expert and Special Rapporteur assume that structural adjustment was no longer needed or that the structural adjustment problems of the developing countries had been overcome overnight, the representative wondered. It was regrettable that the report made no reference to the necessity of better market conditions, access to financial and capital markets and access to technology by the developing countries as well as the evident need for transparency and the full participation of these countries in the deliberations and activities of international financial institutions.
In the age of globalization, while prosperity had grown, poverty had also increased in absolute terms. A significant portion of the world's population had been marginalised. They were indeed the "Wretched of the Earth". Unfortunately, economic, social and cultural rights had not been accorded the national and international priority which they deserved and required.
LIU XINSHENG (China) affirmed that economic, social and cultural rights were part and parcel of human rights and fundamental freedoms, however, for most of the developing countries, the full realization and enjoyment of those rights remained a distant goal. Hence, the international community was confronted with extremely harsh challenges and urgent tasks to promote and protect those rights. The new China, which was born in poverty and backwardness five decades ago, had created a miracle in the world in the field of protecting and promoting economic, social and cultural rights. In 1999, China's gross domestic product had reached 8,300 billion yuan. That was 122 times that of 1949, representing an average annual growth of 7.7 per cent in 50 years; China’s total foreign trade volume had reached $ 3,607 billion, 286 times of 50 years ago, increasing at an average annual rate of 12.5 per cent. China's economic aggregates now ranked seventh in the world, its trade volume ninth and its foreign exchange reserve second. At present, China led the world in grain output and was feeding 22 per cent of the world's population with only 7 per cent of the arable land in the world. Due to its devotion to the elimination of poverty, the population of the rural poor in the country had dropped from 250 million to 34 million in the past 20 years, bringing down the percentage of the poor from 30.7 per cent 4.6 per cent. With regard to medical and health care as well as cultural and educational undertakings, the average life expectancy in China had increased from 35 years of age in 1949 to 71, the same level of a medium developed nation. The illiteracy rate had dropped from 80 per cent in 1949 to 14.5 per cent, with the figure for the young and middle-aged lowered to below 5.5 per cent.
VICTOR RODRIGUEZ CEDENO (Venezuela) welcomed the report on structural adjustment by the Special Rapporteur. Growth and development could not only focus on the market to solve all social problems. The human being was at the centre of development and hence social, economic and cultural rights were essential. It was recommended that measures of debt alleviation be broader, to deal with the financing of development in poor countries. The Commission had to work with the view to solve external debts of developing countries and promote sustained growth and economic development. Substantive changes had to be implemented in the structural adjustment policies. All States should be able to promote social reform, reduce poverty and guarantee the full enjoyment of human rights; however, the burden of debt restricted the ability to plan any development.
Changes should be made in the policies that were currently applied. The international community needed to strengthen the links between creditor States, civil society, financial institutions and the United Nations. The social, economic and cultural rights aspect of human rights were an integral part of monetary balance and growth. There had to be a flexible formula for debt servicing. The delegation of Venezuela shared the concern expressed by the Special Rapporteur as to the relationship between natural disasters, epidemics and debt. In this context, Hurrican Mitch, the flooding in
Mozambique and the AIDS epidemic in Zambia were referred to. The inclusion of preventive clauses for disasters and changed circumstances was recommended. The legality of external debt was of significant importance and something the Commission was urged to reflect upon.
MERCEDES DE ARMAS GARCIA (Cuba) said that the achievement of economic, social and cultural rights was given second place on the international agenda. The brutal contrast between wealth and poverty constituted a flagrant violation of the most fundamental economic, social and cultural rights, including in growing sectors of the richest countries in world. In the poorest counties, 35 million people lived below the poverty line, 11.2 million suffered hunger and a further 23.5 million had limited access to food.
The United States had not only shown its inability to secure the fulfilment of such basic rights for its own people, but had systematically imposed actions amounting to gross violations of economic, social and cultural rights of other peoples, including the Cuban people. The United States had ignored for eight consecutive years General Assembly resolutions establishing the need to put an end to the economic, commercial and financial embargo against Cuba. The illegal embargo, in place for 40 years, had created numerous obstacles to economic and social development in the country. This policy of economic strangulation was aimed at imposing on Cuba the economic and social model of imperialist U.S. and amounted to a policy of genocide.
The fact that Cuba had resisted the embargo for years showed not only how effective the Cuban system was but also demonstrated to what extent the Cuban people supported their social project and model of democracy and social justice. Unilateral sanctions were not only applied against Cuba. By the end of 1988, economic sanctions were applied against 75 countries, representing 75 per cent of the world's population. The Commission was urged to denounce the imposition of unilateral coercive measures, such as the criminal and illegal embargo imposed by the U.S. against Cuba.
SHARAT SABHARWAL (India) said that although his country's Constitution preceded the adoption of the International Covenant on Economic, Social and Cultural Rights, it was deeply influenced by the Universal Declaration of Human Rights in giving recognition to economic, social and cultural rights through a chapter on "directive principles" of state policy. The policy enjoined upon the newly independent polity to ensure the progress realization of those rights. In a series of landmark judgements, the Indian Supreme Court had ordered that the "directive principle" should be read into the fundamental rights, also contained in the Constitution, as the two sets of rights were supplementary to each other. The Court had further ruled that without making the right to education, contained in the directive principles, a reality, fundamental rights would remain beyond the reach of large segments of the population which were illiterate. The Apex Court had also ruled that the right to life included within it the right to live with human dignity and all that went along with it, namely, the necessities of life such as adequate nutrition, clothing, shelter and basic education.
RAMBHAKTA THAKUR (Nepal) said that all human rights were interlinked and could not be seperated, nor could they be studied in one single aspect without taking into consideration all other rights. Nepal focused on the conceptual aspects of foreign aid and highlighted the incredible inequalities between developed and developing countries. Despite all the efforts by the international community, the trend of global cooperation in the field of development had not been promising and was far from meeting the general spirit of the United Nations Charter. As a result there were millions of hungry, illiterate and unemployed people. There had to be a new international economic order based on equality and justice.
The Commission was urged to consider the following points: the debt burden was more than $ 2.5 trillion; attention had to be given to the fact that suitable development and poverty eradication could only be attained by a socio-economic approach. In order to reach a durable solution, there was a need for a debt strategy which was accompanied by a supportive international economic environment. This included the implementation of the results of the Uruguay Round and the Marrakesh Ministerial decisions. There was a need to continue debt relief measures, including debt cancellation, in order to support the implementation of economic reforms, stabilization and structural adjusment programmes. There was a need to realize the initiative of the G7 in Cologne regarding the Highly Indebted Poor Countries, and to refrain from the International Monetary Fund proposal of selling gold.
LUIS ALBERTO PADILLA (Guatemala) said that the lack of resources of Governments of developing countries was one problem which made the adoption of public policies that adequately addressed social and cultural rights difficult. Governments had not been able to dispose of sufficient funding to establish, for example, education programmes to guarantee primary education for all children, diminish infant mortality or increase the life expectancy of those who lived in extreme poverty.
In spite of the International Labour Office’s efforts, the worst forms of child labour had not been eradicated; poverty had not substantially diminished through the creation of common employment policies for small and medium enterprises, which, in many countries had been harmed because of their incapability to compete in the global economy. Nor had micro-financing programmes been able to solve the problem of extreme poverty of one billion people.
Governments had problems fighting poverty because of difficulties caused by structural adjustment policies designed by the International Monetary Fund with a view to balancing budgets and reducing inflation. These policies entailed the elimination of subsidies (for public transport, electricity, telephones, hospitals, schools, universities, etc) and therefore had negative effects in the social scope since they aggravated the poverty conditions of the majority of the population in developing countries. Guatemala therefore insisted on the importance of implementing the concrete proposals put forward in the joint report by the Special Rapporteur on foreign debt and the Special Representative on structural adjustment.
SAID HUSSAIN (Iraq) said his country had been totally subjected to the most rigid and elaborated regime of embargo and comprehensive economic sanctions from August 1990 until today. That iniquitous regime, in place for a long time now, had severely affected and crippled all aspects of public life in Iraq and had succeeded in dismantling the social fabric of Iraqi society. Concerning the subject of economic rights, the Iraqi population had been denied the right to benefit from and dispose of the revenues of its major resource -- oil. That situation had caused the handicap of many economic utilities: the interruption of the movement of trade and financial transactions both at the national and international level, the increase in the number of unemployed persons and the deterioration of the Iraqis living standards. Other sectors such as tourism, services and transport had been also severely harmed by the air and maritime embargo imposed by the United States and Great Britain against Iraq. As for the subject of social rights, because of the grave deterioration of the economic situation, thousands of Iraqis had no choice but to leave their country in search for new means of subsistence for their families. Concerning cultural rights, the educational and teaching institutions were facing a severe shortage of materials necessary for fully conducting any teaching activities. The hostile military operations conducted by the United States and Great Britain against Iraq had severely harmed the infrastructure of all public life utilities, such as power generating stations, water sanitation, oil pumping stations, port docks, civil factories, cereal silos and cultural institutions.
ALFREDO SFEIR-YOUNIS, of the World Bank, said the era of structural adjustment may be over, but not the era of adjustment. Lessons had been learned from past policies. Adjustment took longer than previously expected, in order to achieve adjustment policies that promoted good governance. If structural problems were not solved, there could be no effective stabilization. The World Bank was currently working in cooperation with 300 non-governmental organizations. Addressing the external debt problems was necessary. The link between debt and growth and debt and sustainability had to be investigated. Poverty was a violation of human rights, and development had to be conceived differently. The World Bank agreed with the principle of education, but questioned the way in which it was implemented.
Concerning the report of the Special Rapporteur on education, it contained interesting issues, but elementary education could not simply be financed through economic growth. Priorities were not the same for every country. There was a need to ensure development and the World Bank was ready to help countries in this regard.
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