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NON-GOVERNMENTAL ORGANIZATIONS ADDRESS COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS
29 April 2008
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Committee on Economic, Social
and Cultural Rights
28 April 2008
Representative of UNESCO Provides Statement on Threats to the Right to Education
The Committee on Economic, Social and Cultural Rights this afternoon heard statements from a series of non-governmental organizations (NGOs) on the situation of economic, social and cultural rights in France, India and Bolivia. A representative of the United Nations Educational, Scientific and Cultural Organization (UNESCO) also addressed the Committee on threats to the right to education.
In advance of the Committee’s review of the periodic reports of France, India and Bolivia, NGO representatives spoke about discrimination against women coming from foreign countries in France; the protection of national minorities, their cultures and languages in France, including the Berber, Basque and Brittany people; the rights of inventors in France; malnutrition and the status of the right to adequate food in India; intellectual property laws in India; the rights of women in India; the situation of farmers in India; and the situation of the right to adequate food in Bolivia. In general statements, NGOs also spoke about the application of quantitative indicators and the right to adequate food and the impact of biofuels on this right.
The representatives of the following NGOs took the floor: Centre of Economic and Social Rights, Foodfirst Information and Action Network, Ni Putes Ni Soumises, Observatory of Linguistic Rights, the French Committee of the European Bureau for Lesser Used Languages, Tamzgha, Association of Inventors in Paris, Bretagne Reunited, French Platform for Economic, Social and Cultural Rights, Foodfirst Information and Action Network International, 3-D-Three, People’s Collective for Economic Social and Cultural Rights in India and Naudanya.
At the beginning of the meeting, Kishore Singh, Programme Specialist and Coordinator on the Follow-up to Conventions and Recommendations in the Field of Education of UNESCO, said that that the goal of universal primary education by 2015 was under threat from a slowdown in donors’ aid to education. The Education for All Global Monitoring Report stated that some of the Education for All goals had been and continued to be neglected. The report also provided clear evidence that the 2005 goal of gender parity at primary and secondary levels of education had been missed.
During its present session, the Committee will also consider the periodic report of Benin, but no NGOs from that country were present.
When the Committee reconvenes at 10 a.m. on Tuesday, 29 April, it will begin its consideration of the third periodic report of France (E/C.12/FRA/5).
Statement by UNESCO
KISHORE SINGH, Programme Specialist and Coordinator on the Follow-up to Conventions and Recommendations in the Field of Education, United Nations Educational Scientific and Cultural Organisation (UNESCO), expressed UNESCO’s appreciation for the continuing collaboration with the Committee in order to achieve the right to education for all. The shared objectives were much more pertinent today in the face of the enormity of the challenge in achieving this right. These challenges had been brought to the fore by the Education for All Global Monitoring Report which showed that the goal of universal primary education by 2015 was under threat from a slowdown in donors’ aid to education. As the report pointed out, some of the Education for All goals had been and continued to be neglected. The report also provided clear evidence that the 2005 goal of gender parity at primary and secondary levels of education had been missed.
Mr. Singh noted that UNESCO had organized a Ministerial Round Table on Education and Economic Development in October 2007. Another initiative had been the Global Action Week that had taken place in April 2008 on the theme of Quality Education to End Exclusion. Also, the seventh meeting of the Joint Expert Group UNESCO/ECOSOC on the Monitoring of the Right to Education had taken place on December 2007. The discussions had been rich, with a focus on the centrality of the principles of non-discrimination and of equality of opportunities in education. It was crucial to monitor the right to education more effectively. The meeting had enabled the exchange views on various aspects, notably reporting procedures and monitoring mechanisms of both UNESCO and the Committee on Economic, Social and Cultural Rights. UNESCO looked forward to the next meeting in May of 2008 which would be devoted to intensifying normative action for inclusive approaches and wider access to education.
UNESCO continued to provide technical assistance to Member States as regards to modernization and development of national legislation in the field of education, Mr. Singh said. They had recently provided such assistance to Afghanistan. Technical assistance was also being provided to Fiji Islands, the Republic of Moldova and they were also interacting with the authorities in the Philippines and were following developments in Uruguay, Cameroon and Peru as regards national legislation in the field of education.
General Statements and Discussion
EITAN FELNER, Centre of Economic and Social Rights, presented a tool for the application of quantitative indicators that had been a long standing interest in the United Nations system. Most efforts had been trying to develop a conceptual framework for the use of indicators, and the selection of specific indicators for specific social or cultural rights. A challenge had been identified relating to the fact that the application of quantitative indicators remained difficult, in particular regarding the use of data. This was related to the fact that often users of the tool did not have the necessary background. The Centre of Economic and Social Rights hoped this would be only the beginning of the support the Centre would provide for the Committee, and that the tool would be used by the Committee, other United Nations bodies as well as other international organizations.
In response, the Chairperson of the Committee said that the question of indicators was indeed an important issue and that the tool was seen as an effective means to facilitate the work of the Committee. A Committee Expert said that a homogenous system of indicators was important for national governments as well as the Committee. Another Expert remarked that the number of typologies of indicators was so large that the information became unclear and confusing. Perhaps the provision of data in a simple and clear manner would be a way to avoid the lack of specific technical knowledge within the Committee and other users of the tool. In addition, the application of a more rights based approach should be considered. An Expert said that benchmarking was an important issue, and that help to establish benchmarks would be needed and encouraged.
Responding to the question on what efforts had been made, Mr. Felner said that indeed efforts were being made, and a cooperative attempt with other organizations was being carried out to fill the indicators with data and provide information more useful for the Committee and other international organizations.
SANDRA RATJAN, Foodfirst Information and Action Network, shared their satisfaction and hopes concerning the process towards the adoption of an Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. However, the path was still very long before the Committee could examine communications. Several new developments were noted concerning the right to access to adequate food. There were different tools that had been developed to measure the enjoyment of this right. The indicators that had been developed were currently being made more specific. A second initiative that had involved the Network was aimed at using voluntary guidelines towards the progressive implementation of this right. The Network hoped that the work of the Committee could draw on these achievements. The Committee’s attention was also drawn on the extension of biofuel use and its negative impact on the right to food and to agricultural workers. This was an issue which needed attention.
Statements on France
SIHEM HABCHI, Ni Putes, Ni Soumises, said that the means and action to combat discrimination should be strengthened in order to guarantee to all individuals the right to approach the Committee on Economic, Social and Cultural Rights. Women, especially those from foreign countries, who were living in France often faced triple discrimination regarding name, territory and gender. Such indirect discrimination should be eradicated in accordance with Art 3 of the International Covenant on Economic, Social and Cultural Rights. There were a number of areas where women, in particular those coming from foreign countries and in low income areas, experienced discrimination, and Ni Putes, Ni Soumises called for the improvement of their circumstances. These areas included access to education for women and girls, discrimination laws, procedures for family reunification including DNA tests, women as victims of violence, inequality in salaries between women and men, and difficult circumstances in low income areas, especially for single women trying to raise children.
PAUL BILBAO, Observatory of Linguistic Rights, said the Committee had asked for information on the measures adopted by France to ensure access to education in regional or minority languages and French public schools. Unfortunately, the State party had not mentioned anything about the resources to improve bilingual education in its report. The Observatory believed that France had not fulfilled the recommendation made by the Committee on its previous reports. The Committee had also asked for information on the present position of the State party regarding the ratification of the Council of Europe Framework Convention on the Protection of National Minorities and the European Charter for Regional and Minority Languages. There had been no change in the State’s attitude and they had not taken into account recommendations made by the Committee. Article 27 of the International Covenant on Civil and Political Rights made it clear that the existence of an ethnic, religious or linguistic minority in a given State did not depend on a decision by the State party but had to be established by objective criteria. Basque, Brittany and Occitans had been established with objective criteria. France was affirming that it could not join international instruments that recognised the existence of minorities, which was not true; it did not want to join. France should concede to Basque and other such languages the status they were due.
TANGI LOUARN, French Committee of the European Bureau for Lesser Used Languages, said the French Committee supported more linguistic variety in Europe. In its previous recommendations, the Committee had requested France to accept the rights of minorities. Some progress had been made, for example in bilingual education. However, the State was not working to support efforts by civil society, rather, there were attempts to counterbalance these efforts, which could be seen in the use of irrelevant or wrong information on bilingual education set out in report of France. In reality, only a fraction of students were registered in bilingual education, and only in two cities. Obstacles to the development of regional minority languages included financial constraints, no permission to hold competitive exams, and the cancellation of subsidies. The Committee on Economic, Social and Cultural Rights should renew its recommendations and request concrete measures to be undertaken by France.
MASIN FERKAL, Tamazgha, said that 2 million Berbers individuals were living in France. Most of them were French citizens. The Berber immigrants were firmly rooted in the country. Unfortunately, the Berber-speaking people were not enjoying their cultural rights. France was only taking an interest in Arabic languages and Berbers were considered the same as Arabs and France was promoting their Arabisation. To date, nothing had been done to protect and promote the Berber language. A memorandum by the Education Ministry had asked principles of schools to set up preparations for high school examinations in the Berber language but nothing had been implemented. Although it was one of the registered languages in the country, France was doing nothing to protect and promote minority languages.
Gerard De Villeroche, Association of Inventors in Paris, pointed out the obligation of States to give the profits of inventions to the inventors, not to the businesses using them. However, there was no right for the inventors themselves in France. The intellectual property regime gave inventors moral and material benefits for their inventions, but France protected the business side, not the moral and material interests of the private inventors. He used four examples to further explain his case.
JEAN-PIERRE LEVESQUE, Bretagne Reunited, said that the territory of Loire-Atlantique, which had been part of Brittany and had been separated during the Vichy Government, was the only one which had not been returned to its initial state. All other Vichy separations had been cancelled. Seventy-five per cent of the inhabitants had expressed their wish to return to Brittany. Also, the teaching of Breton had been cancelled; it was no longer an option for students taking high school exams. No local national radio, television station or written media provided information in Breton. There was a systematic destruction of the Brittany culture and language. The history of Brittany was no more taught in schools. Several Brittany symbols were being removed at different levels. Forced assimilation was taking place and this had to be recognised. The authorities in France had to respect the wishes of the local people.
Dominique Hibert, French Platform for Economic, Social and Cultural Rights, presented a summary of an alternative third report of France. In his presentation, Mr. Hibert drew the attention on the requirement of the report to widen of the application of human rights, such as an improvement of the healthcare. Funding was an important obstacle to effective implementation of economic, social and cultural rights. Individual freedoms and rights restrictions caused a limitation of basic rights in various areas. As regards cultural rights, the respect for cultural diversity was crucial for positive development. With regards to migrants, the exercise of economic, social and cultural rights usually required the holding of visas and permissions, with asylum seekers and refugees otherwise facing often questionable action by the police and other authorities. France had to take into account its international obligations.
Statements on India
ASHWINI MANKAME, Foodfirst Information and Action Network International, said that the Network had elaborated a report on the right to food in India. With 212 million undernourished inhabitants, India had the largest number of undernourished people in the world and the highest level of child malnutrition. India had formulated several policies and schemes to combat hunger, but the State was failing to comply with its obligations. Vulnerable communities were suffering from the loss of livelihood due to the lack of access to resources. People traditionally living on the land were neither adequately consulted nor provided with adequate compensation.
Zoe Goodman, 3-D-Three, expressed her concern about intellectual property rules affecting the human rights of people all over the world. Intellectual property rules could hinder States from effectively implementing human rights. India was of primary concern. A report on India’s intellectual property laws had been changed recently in compliance to the Agreement on Trade Related Aspects of Intellectual Property Rights, and this had had effects on human rights, in the form of problems for farmers. The Committee should urge India not to enter into various trade treaties, and should call for India to respect basic human rights such as the right to food.
ASHWINI MANKAME, People’s Collective for Economic Social and Cultural Rights India, said that they appreciated the Indian Government’s long overdue submission of reports to the Committee. Some of their concerns were that the high growth rate of the Indian economy had failed to ensure basic rights for all. Rights remained an illusion unless backed by adequate budget allocation. The Indian Government had also failed to put into place basic entitlements to ensure the right to survival, life and dignity to women. It was noted that there were no sex disaggregated data for any social economic indicators. Also, livelihood security had figured low in priorities and concerns of policy makers.
Vinod Kumar Bhatt, Naudanya, informed the Committee about common human rights violations in India, which caused thousands of farmers to commit suicide. He explained that the use of genetically modified organisms in the area of agriculture had had serious impacts on the life of Indian farmers and their families and was causing a vicious cycle due to overproduction, the emergence of big companies with doubtable working practices, increased export and the use of pesticides. Effective alternatives to genetically modified organisms such as high quality seeds existed. The plans of the Indian Government to extend the use of genetically modified organisms was of deep concern. The Government should forbid the use of genetically modified organisms and provide compensation for farmers, and secure the access to food for poor people, in particular children. The Committee should call for an immediate end of these human rights violations in India.
Statement on Bolivia
Ania-Maria Suarez-Franco, Foodfirst Information and Action Network, said that, on the situation of the right to adequate food in Bolivia, that country was currently going through a transition period. As a draft political constitution was planned to go before referendum, it was hoped that democracy would soon include all people in Bolivia. The right to food should be a priority area. The Bolivian population had decided to establish new institutions to ensure that their territory would be administered adequately. Chronic malnutrition had increased and there was still very little data as regards to vulnerable groups. The Network hoped that this lack of information would be overcome. There was a real will in the current Government to achieve the right to food but the achievement of this goal had still to be seen. The State had to focus on the drafting of policies that would ensure that it met a minimum for the enjoyment of this right. Consumer protection measures were still too scarce.
Discussion
Committee Experts commented on the presentations. One expert asked if the Ni Putes Ni Soumises worries only concerned migrant women or all women of France. The representative of Ni Putes Ni Soumises had addressed social questions first, then equality between men and women, where in relation to the question of housing, the situation of migrant women emerged as particularly important. Another Committee Expert asked what measures could be adopted to improve the implementation of the law against exclusion in France. An Expert asked if there was a distinction between indigenous people and people who immigrated to France, and in this case, if the Government had the duty to promote the native languages to these immigrants. Another Expert pointed out the different definitions of sectors regarding rights of women, and asked if the terms equality of treatment of men and women and between migrants were useful and correct. She also asked if there were enough laws or should more laws be enacted regarding protection of the family and raised the issue of food security and seeds, linked up with intellectual property.
The non-governmental organizations speaking on the situation in France responded, saying that with regards to minority languages, there was a difference based on the European Charter which gave migrants the right to know their mother language and use it, but indigenous people had collective rights to know and use their language. Regarding the question to ensure less discrimination there should be a global policy taking into account all women, however, this was certainly facing obstacles such as a cultural wall. So the question today was how to reach out to women who were isolated by cultural discrimination, and the lack of knowledge of their rights, and making sure they could react to violence by turning to national laws. Regarding the question of trade measures and human rights laws, the causalities of trade measures in the form of human rights violations had been identified.
____________
For use of the information media; not an official record
and Cultural Rights
28 April 2008
Representative of UNESCO Provides Statement on Threats to the Right to Education
The Committee on Economic, Social and Cultural Rights this afternoon heard statements from a series of non-governmental organizations (NGOs) on the situation of economic, social and cultural rights in France, India and Bolivia. A representative of the United Nations Educational, Scientific and Cultural Organization (UNESCO) also addressed the Committee on threats to the right to education.
In advance of the Committee’s review of the periodic reports of France, India and Bolivia, NGO representatives spoke about discrimination against women coming from foreign countries in France; the protection of national minorities, their cultures and languages in France, including the Berber, Basque and Brittany people; the rights of inventors in France; malnutrition and the status of the right to adequate food in India; intellectual property laws in India; the rights of women in India; the situation of farmers in India; and the situation of the right to adequate food in Bolivia. In general statements, NGOs also spoke about the application of quantitative indicators and the right to adequate food and the impact of biofuels on this right.
The representatives of the following NGOs took the floor: Centre of Economic and Social Rights, Foodfirst Information and Action Network, Ni Putes Ni Soumises, Observatory of Linguistic Rights, the French Committee of the European Bureau for Lesser Used Languages, Tamzgha, Association of Inventors in Paris, Bretagne Reunited, French Platform for Economic, Social and Cultural Rights, Foodfirst Information and Action Network International, 3-D-Three, People’s Collective for Economic Social and Cultural Rights in India and Naudanya.
At the beginning of the meeting, Kishore Singh, Programme Specialist and Coordinator on the Follow-up to Conventions and Recommendations in the Field of Education of UNESCO, said that that the goal of universal primary education by 2015 was under threat from a slowdown in donors’ aid to education. The Education for All Global Monitoring Report stated that some of the Education for All goals had been and continued to be neglected. The report also provided clear evidence that the 2005 goal of gender parity at primary and secondary levels of education had been missed.
During its present session, the Committee will also consider the periodic report of Benin, but no NGOs from that country were present.
When the Committee reconvenes at 10 a.m. on Tuesday, 29 April, it will begin its consideration of the third periodic report of France (E/C.12/FRA/5).
Statement by UNESCO
KISHORE SINGH, Programme Specialist and Coordinator on the Follow-up to Conventions and Recommendations in the Field of Education, United Nations Educational Scientific and Cultural Organisation (UNESCO), expressed UNESCO’s appreciation for the continuing collaboration with the Committee in order to achieve the right to education for all. The shared objectives were much more pertinent today in the face of the enormity of the challenge in achieving this right. These challenges had been brought to the fore by the Education for All Global Monitoring Report which showed that the goal of universal primary education by 2015 was under threat from a slowdown in donors’ aid to education. As the report pointed out, some of the Education for All goals had been and continued to be neglected. The report also provided clear evidence that the 2005 goal of gender parity at primary and secondary levels of education had been missed.
Mr. Singh noted that UNESCO had organized a Ministerial Round Table on Education and Economic Development in October 2007. Another initiative had been the Global Action Week that had taken place in April 2008 on the theme of Quality Education to End Exclusion. Also, the seventh meeting of the Joint Expert Group UNESCO/ECOSOC on the Monitoring of the Right to Education had taken place on December 2007. The discussions had been rich, with a focus on the centrality of the principles of non-discrimination and of equality of opportunities in education. It was crucial to monitor the right to education more effectively. The meeting had enabled the exchange views on various aspects, notably reporting procedures and monitoring mechanisms of both UNESCO and the Committee on Economic, Social and Cultural Rights. UNESCO looked forward to the next meeting in May of 2008 which would be devoted to intensifying normative action for inclusive approaches and wider access to education.
UNESCO continued to provide technical assistance to Member States as regards to modernization and development of national legislation in the field of education, Mr. Singh said. They had recently provided such assistance to Afghanistan. Technical assistance was also being provided to Fiji Islands, the Republic of Moldova and they were also interacting with the authorities in the Philippines and were following developments in Uruguay, Cameroon and Peru as regards national legislation in the field of education.
General Statements and Discussion
EITAN FELNER, Centre of Economic and Social Rights, presented a tool for the application of quantitative indicators that had been a long standing interest in the United Nations system. Most efforts had been trying to develop a conceptual framework for the use of indicators, and the selection of specific indicators for specific social or cultural rights. A challenge had been identified relating to the fact that the application of quantitative indicators remained difficult, in particular regarding the use of data. This was related to the fact that often users of the tool did not have the necessary background. The Centre of Economic and Social Rights hoped this would be only the beginning of the support the Centre would provide for the Committee, and that the tool would be used by the Committee, other United Nations bodies as well as other international organizations.
In response, the Chairperson of the Committee said that the question of indicators was indeed an important issue and that the tool was seen as an effective means to facilitate the work of the Committee. A Committee Expert said that a homogenous system of indicators was important for national governments as well as the Committee. Another Expert remarked that the number of typologies of indicators was so large that the information became unclear and confusing. Perhaps the provision of data in a simple and clear manner would be a way to avoid the lack of specific technical knowledge within the Committee and other users of the tool. In addition, the application of a more rights based approach should be considered. An Expert said that benchmarking was an important issue, and that help to establish benchmarks would be needed and encouraged.
Responding to the question on what efforts had been made, Mr. Felner said that indeed efforts were being made, and a cooperative attempt with other organizations was being carried out to fill the indicators with data and provide information more useful for the Committee and other international organizations.
SANDRA RATJAN, Foodfirst Information and Action Network, shared their satisfaction and hopes concerning the process towards the adoption of an Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. However, the path was still very long before the Committee could examine communications. Several new developments were noted concerning the right to access to adequate food. There were different tools that had been developed to measure the enjoyment of this right. The indicators that had been developed were currently being made more specific. A second initiative that had involved the Network was aimed at using voluntary guidelines towards the progressive implementation of this right. The Network hoped that the work of the Committee could draw on these achievements. The Committee’s attention was also drawn on the extension of biofuel use and its negative impact on the right to food and to agricultural workers. This was an issue which needed attention.
Statements on France
SIHEM HABCHI, Ni Putes, Ni Soumises, said that the means and action to combat discrimination should be strengthened in order to guarantee to all individuals the right to approach the Committee on Economic, Social and Cultural Rights. Women, especially those from foreign countries, who were living in France often faced triple discrimination regarding name, territory and gender. Such indirect discrimination should be eradicated in accordance with Art 3 of the International Covenant on Economic, Social and Cultural Rights. There were a number of areas where women, in particular those coming from foreign countries and in low income areas, experienced discrimination, and Ni Putes, Ni Soumises called for the improvement of their circumstances. These areas included access to education for women and girls, discrimination laws, procedures for family reunification including DNA tests, women as victims of violence, inequality in salaries between women and men, and difficult circumstances in low income areas, especially for single women trying to raise children.
PAUL BILBAO, Observatory of Linguistic Rights, said the Committee had asked for information on the measures adopted by France to ensure access to education in regional or minority languages and French public schools. Unfortunately, the State party had not mentioned anything about the resources to improve bilingual education in its report. The Observatory believed that France had not fulfilled the recommendation made by the Committee on its previous reports. The Committee had also asked for information on the present position of the State party regarding the ratification of the Council of Europe Framework Convention on the Protection of National Minorities and the European Charter for Regional and Minority Languages. There had been no change in the State’s attitude and they had not taken into account recommendations made by the Committee. Article 27 of the International Covenant on Civil and Political Rights made it clear that the existence of an ethnic, religious or linguistic minority in a given State did not depend on a decision by the State party but had to be established by objective criteria. Basque, Brittany and Occitans had been established with objective criteria. France was affirming that it could not join international instruments that recognised the existence of minorities, which was not true; it did not want to join. France should concede to Basque and other such languages the status they were due.
TANGI LOUARN, French Committee of the European Bureau for Lesser Used Languages, said the French Committee supported more linguistic variety in Europe. In its previous recommendations, the Committee had requested France to accept the rights of minorities. Some progress had been made, for example in bilingual education. However, the State was not working to support efforts by civil society, rather, there were attempts to counterbalance these efforts, which could be seen in the use of irrelevant or wrong information on bilingual education set out in report of France. In reality, only a fraction of students were registered in bilingual education, and only in two cities. Obstacles to the development of regional minority languages included financial constraints, no permission to hold competitive exams, and the cancellation of subsidies. The Committee on Economic, Social and Cultural Rights should renew its recommendations and request concrete measures to be undertaken by France.
MASIN FERKAL, Tamazgha, said that 2 million Berbers individuals were living in France. Most of them were French citizens. The Berber immigrants were firmly rooted in the country. Unfortunately, the Berber-speaking people were not enjoying their cultural rights. France was only taking an interest in Arabic languages and Berbers were considered the same as Arabs and France was promoting their Arabisation. To date, nothing had been done to protect and promote the Berber language. A memorandum by the Education Ministry had asked principles of schools to set up preparations for high school examinations in the Berber language but nothing had been implemented. Although it was one of the registered languages in the country, France was doing nothing to protect and promote minority languages.
Gerard De Villeroche, Association of Inventors in Paris, pointed out the obligation of States to give the profits of inventions to the inventors, not to the businesses using them. However, there was no right for the inventors themselves in France. The intellectual property regime gave inventors moral and material benefits for their inventions, but France protected the business side, not the moral and material interests of the private inventors. He used four examples to further explain his case.
JEAN-PIERRE LEVESQUE, Bretagne Reunited, said that the territory of Loire-Atlantique, which had been part of Brittany and had been separated during the Vichy Government, was the only one which had not been returned to its initial state. All other Vichy separations had been cancelled. Seventy-five per cent of the inhabitants had expressed their wish to return to Brittany. Also, the teaching of Breton had been cancelled; it was no longer an option for students taking high school exams. No local national radio, television station or written media provided information in Breton. There was a systematic destruction of the Brittany culture and language. The history of Brittany was no more taught in schools. Several Brittany symbols were being removed at different levels. Forced assimilation was taking place and this had to be recognised. The authorities in France had to respect the wishes of the local people.
Dominique Hibert, French Platform for Economic, Social and Cultural Rights, presented a summary of an alternative third report of France. In his presentation, Mr. Hibert drew the attention on the requirement of the report to widen of the application of human rights, such as an improvement of the healthcare. Funding was an important obstacle to effective implementation of economic, social and cultural rights. Individual freedoms and rights restrictions caused a limitation of basic rights in various areas. As regards cultural rights, the respect for cultural diversity was crucial for positive development. With regards to migrants, the exercise of economic, social and cultural rights usually required the holding of visas and permissions, with asylum seekers and refugees otherwise facing often questionable action by the police and other authorities. France had to take into account its international obligations.
Statements on India
ASHWINI MANKAME, Foodfirst Information and Action Network International, said that the Network had elaborated a report on the right to food in India. With 212 million undernourished inhabitants, India had the largest number of undernourished people in the world and the highest level of child malnutrition. India had formulated several policies and schemes to combat hunger, but the State was failing to comply with its obligations. Vulnerable communities were suffering from the loss of livelihood due to the lack of access to resources. People traditionally living on the land were neither adequately consulted nor provided with adequate compensation.
Zoe Goodman, 3-D-Three, expressed her concern about intellectual property rules affecting the human rights of people all over the world. Intellectual property rules could hinder States from effectively implementing human rights. India was of primary concern. A report on India’s intellectual property laws had been changed recently in compliance to the Agreement on Trade Related Aspects of Intellectual Property Rights, and this had had effects on human rights, in the form of problems for farmers. The Committee should urge India not to enter into various trade treaties, and should call for India to respect basic human rights such as the right to food.
ASHWINI MANKAME, People’s Collective for Economic Social and Cultural Rights India, said that they appreciated the Indian Government’s long overdue submission of reports to the Committee. Some of their concerns were that the high growth rate of the Indian economy had failed to ensure basic rights for all. Rights remained an illusion unless backed by adequate budget allocation. The Indian Government had also failed to put into place basic entitlements to ensure the right to survival, life and dignity to women. It was noted that there were no sex disaggregated data for any social economic indicators. Also, livelihood security had figured low in priorities and concerns of policy makers.
Vinod Kumar Bhatt, Naudanya, informed the Committee about common human rights violations in India, which caused thousands of farmers to commit suicide. He explained that the use of genetically modified organisms in the area of agriculture had had serious impacts on the life of Indian farmers and their families and was causing a vicious cycle due to overproduction, the emergence of big companies with doubtable working practices, increased export and the use of pesticides. Effective alternatives to genetically modified organisms such as high quality seeds existed. The plans of the Indian Government to extend the use of genetically modified organisms was of deep concern. The Government should forbid the use of genetically modified organisms and provide compensation for farmers, and secure the access to food for poor people, in particular children. The Committee should call for an immediate end of these human rights violations in India.
Statement on Bolivia
Ania-Maria Suarez-Franco, Foodfirst Information and Action Network, said that, on the situation of the right to adequate food in Bolivia, that country was currently going through a transition period. As a draft political constitution was planned to go before referendum, it was hoped that democracy would soon include all people in Bolivia. The right to food should be a priority area. The Bolivian population had decided to establish new institutions to ensure that their territory would be administered adequately. Chronic malnutrition had increased and there was still very little data as regards to vulnerable groups. The Network hoped that this lack of information would be overcome. There was a real will in the current Government to achieve the right to food but the achievement of this goal had still to be seen. The State had to focus on the drafting of policies that would ensure that it met a minimum for the enjoyment of this right. Consumer protection measures were still too scarce.
Discussion
Committee Experts commented on the presentations. One expert asked if the Ni Putes Ni Soumises worries only concerned migrant women or all women of France. The representative of Ni Putes Ni Soumises had addressed social questions first, then equality between men and women, where in relation to the question of housing, the situation of migrant women emerged as particularly important. Another Committee Expert asked what measures could be adopted to improve the implementation of the law against exclusion in France. An Expert asked if there was a distinction between indigenous people and people who immigrated to France, and in this case, if the Government had the duty to promote the native languages to these immigrants. Another Expert pointed out the different definitions of sectors regarding rights of women, and asked if the terms equality of treatment of men and women and between migrants were useful and correct. She also asked if there were enough laws or should more laws be enacted regarding protection of the family and raised the issue of food security and seeds, linked up with intellectual property.
The non-governmental organizations speaking on the situation in France responded, saying that with regards to minority languages, there was a difference based on the European Charter which gave migrants the right to know their mother language and use it, but indigenous people had collective rights to know and use their language. Regarding the question to ensure less discrimination there should be a global policy taking into account all women, however, this was certainly facing obstacles such as a cultural wall. So the question today was how to reach out to women who were isolated by cultural discrimination, and the lack of knowledge of their rights, and making sure they could react to violence by turning to national laws. Regarding the question of trade measures and human rights laws, the causalities of trade measures in the form of human rights violations had been identified.
____________
For use of the information media; not an official record
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