Sub-Commission begins consideration of economic, social and cultural rights

Sub-Commission on the Promotion and
Protection of Human Rights
55th session
7 August 2003
Afternoon




Hears Reports by Sub-Commission Experts on Water;
Housing and Property; Globalization; Corruption;
and Extreme Poverty




The Sub-Commission on the Promotion and Protection of Human Rights this afternoon began its consideration of economic, social and cultural rights and heard Sub-Commission Experts and Special Rapporteurs report on the promotion of the realization of the right to drinking water supply and sanitation; on housing and property restitution in the context of the return of refugees and internally displaced persons; on globalization and its impact on the full enjoyment of human rights; on corruption and its impact on the full enjoyment of human rights; and on the implementation of existing human rights norms and standards in the context of the fight against extreme poverty.
Sub-Commission Expert El Hadji Guisse orally presented his report on the promotion of the realization of the right to drinking water supply and sanitation, saying it was necessary to establish a legal framework for this basic right since it would be impossible for individuals to call for this right without a legal text to support them. Water was an element of survival and was a common good. In this connection, he expressed concern about the privatization of water, particularly in Africa, which had led to suffering, water-shortages, contamination and hiked up prices.
Presenting his report on housing and property restitution in the context of the return of refugees and internally displaced persons, Sub-Commission Expert Paulo Sergio Pinheiro, said there were an estimated 20 to 25 million internally displaced persons worldwide. Housing and property restitution programmes were a pressing concern due to the sheer number of displaced persons, but such programmes were also essential to promote regional stability and security. Loss of land, housing, and property frequently presented themselves as major obstacles to return for displaced persons around the world.
Joseph Oloka-Onyango, Special Rapporteur on globalization, presented a report on globalization and its impact on the full enjoyment of human rights, saying that changes were needed for the World Trade Organization to ensure that the process of trade liberalization – at the heart of contemporary globalization – became more sensitive to the promotion and protection of human rights. In this connection, he urged a re-thinking of the processes of globalization and called for a renewed debate on the subject of human responsibilities and duties. Only then could globalization become more sensitive to and accommodative of human rights concerns.
Presenting her report on corruption and its impact on the full enjoyment of human rights, in particular economic, social and cultural rights, Sub-Commission Expert Christy Ezim Mbonu said corruption could endanger the stability of societies, undermine the values of democracy and morality and jeopardize social, economic, and political development. Corruption could be described as a festering cancer within society, enriching a few and impoverishing many.
Jose Bengoa, Sub-Commission Expert, presented a working paper on the implementation of existing human rights norms and standards in the context of the fight against extreme poverty. He said that it had been a long road to establish the link between extreme poverty and human rights since for many years, extreme poverty had been seen to be linked only to economic factors. Poverty was in fact a manner of denying all human rights and the fight against poverty must be seen as a global process enabling people to emerge from poverty.
Also, this afternoon, the Sub-Commission heard the report of the Chairperson of the Working Group on the methods of work and activities of transnational corporations, who stressed that the activities of transnational corporations had certain and sometimes serious consequences on human rights, particularly the human rights of indigenous peoples. There was a growing interest in these issues, which encouraged the Working Group to continue its important work.
Participating in the discussion on economic, social and cultural rights this afternoon were Sub-Commission Experts Asbjorn Eide, Shiqiu Chen, Vladimir Kartashkin, Rui Baltazar Dos Santos Alves, Abdul Sattar, and Lalaina Rakotoarisoa.
As the Sub-Commission concluded its review of the administration of justice, it heard the concerns of non-governmental organizations representatives of the Asian Women’s Human Rights Council and the International Human Rights Association of American Minorities. Representatives of Sudan, Turkey, Romania and Egypt also addressed the Sub-Commission on this issue.
The Sub-Commission will reconvene at 10 a.m. on Friday, 8 August, to continue its consideration of economic, social and cultural rights.

Documents
Under its agenda item on economic, social and cultural rights, the Sub-Commission has before it a note by the Secretariat (E/CN.4/Sub.2/2003/8) on promoting the right to development in the context of the United Nations Decade for the Elimination of Poverty (1997-2006) in which the Secretary-General draws the attention of the Sub-Commission to a report of the High Commissioner (E/CN.4/2003/7) containing information on: the activities of the Office relating to the implementation of the right to development; the implementation of resolutions of the Commission and the General Assembly with regard to development; and inter-agency coordination within the United Nations system for the implementation of relevant resolutions of the Commission in that regard.
There is a report of the High Commissioner on human rights, trade and investment (E/CN.4/Sub.2/2003/9) which states that for investment liberalization to be effective, it should be balanced by complementary measures to promote and protect human rights. Those measures include balancing investors’ rights with investors’ obligations; protecting against certain actions of Governments; and promoting home-country measures. The report then considers some of the human rights implications of privatization as a result of private sector participation in the water and sanitation sector. Finally, the report offers the following areas for further consideration and action, including the promotion and protection and of human rights among the objectives of investment agreements; ensuring States’ right and duty to regulate; promoting investors’ obligations alongside investors’ rights; promoting international cooperation as part of investment liberalization; promoting human rights in the context of privatization; increasing dialogue on human rights and trade; and future work.
There is a report on housing and property restitution in the context of the return of refugees and internally displaced persons (E/CN.4/Sub.2/2003/11) by Paulo Sergio Pinheiro. The report contains information on past situations involving housing and property restitution; common obstacles to housing and property restitution; and the role of the international community in facilitating return. Amongst other recommendations, the report suggests that the Sub-Commission, based on the work of the Special Rapporteur, develop “Universal Principles and Guidelines for Housing and Property Restitution for Refugees and Other Displaced Persons” as well as a “Model Policy on Housing and Property Restitution for Refugees and Other Displaced Persons”, in consultation with all relevant agencies and organizations of the United Nations, Governments and non-governmental organizations. The Sub-Commission should also reiterate its condemnation of the practice of forced evictions, and recommend to the Commission that it adopt a resolution on forced evictions during its sixtieth session in 2004 with a particular emphasis on issues such as government obligations and the discriminatory effect of forced evictions.
There is a report on the draft norms submitted by the Working Group on the Working Methods and Activities of Transnational Corporations on the responsibility of transnational corporations and other business enterprises with regard to human rights (E/CN.4/Sub.2/2003/12). The present version of the Draft Norms takes into account all of the comments received by the Working Group and represents a consensus of the Working Group in the expectation that the draft and other proposals will be discussed at public meetings of the Working Group to be held during the fifty-fifth session of the Sub-Commission, and in the future expectation that the Working Group will submit the Draft Norms for consideration by the plenary of the Sub-Commission at its fifty-fifth session. The Draft Norms cover general obligations; the right to equal opportunity and non-discriminatory treatment; right to security of persons; rights of workers; respect for national sovereignty and human rights; obligations with regard to consumer protection; obligations with regard to environmental protection; and general provisions of implementation.
There is a commentary on the Draft Norms on the responsibilities of transnational corporation and other business enterprises with regard to human rights (E/CN.4/Sub.2/2003/38) which contains a commentary on the Draft Norms which are before the Sub-Commission in document E/CN.4/Sub.2/2003/12.
There is a report on globalization and its impact on the full enjoyment of human rights by Joseph Oloka-Onyango and Deepika Udagama (E/CN.4/Sub.2/2003/14). The report contains sections on globalization in the aftermath of 11 September 2001 and asks about the place for human rights in this context. The report also contains sections on human rights, trade liberalization and the travails of international development, as well as a section which rethinks globalization under a new international legal and governance framework. There is also an annex which contains a proposal towards a restatement of the human rights obligations of the principal actors in the globalization process. The annex to this report provides only an initial outline of what the Special Rapporteurs consider key to the extension of dialogue between the Sub-Commission and the principal actors involved in the process of globalization. It serves to draw attention to both the context and the obligations that such actors have. It is the hope of the Special Rapporteurs that such a dialogue will eventually ensure that the processes of globalization will begin to have a more positive impact on the full enjoyment of human rights than has hitherto been the case.
There is a note by the Secretariat on the study on non-discrimination as enshrined in article 2, paragraph 2, of the International Covenant on Economic, Social and Cultural Rights (E/CN.4/Sub.2/2003/15) which states that due to health reasons, Mr. van Hoof would not be able to attend the fifty-fifth session of the Sub-Commission and would therefore not submit his working paper on the above topic.
There is a note by the Secretariat on the Social Forum (E/CN.4/Sub.2/2003/16) which contains a memorandum on the Social Forum which states that the next session will focus on the topic of “Rural poverty, peasants and the right to food”. It also suggests that the Social Forum hold three round table in which the various actors be duly represented and in which there would be a suitable regional balance; discuss proposals for work, policies to be adopted, campaign to be conducted in terms of its objectives; and move ahead with a proposal on the rights of the rural world and peasants, a demand that is widely indicated by rural associations, and non-governmental organizations working in rural development.
There is a working paper submitted by Jose Bengoa on the implementation of existing human rights norms and standards in the context of the fight against extreme poverty (E/CN.4/Sub.2/2003/17). The paper is prepared in response to the need to develop guiding principles on the implementation of existing human rights norms and standards in the context of the fight against extreme poverty. The present document is a preliminary working paper which includes some clarification on the integral link between human rights and poverty, including extreme poverty. It also proposes for consideration by the Sub-Commission the underlying principles of a conceptual framework for the elaboration of guiding principles on existing human rights norms and standards in the context of the fight against poverty, including extreme poverty.
There is a working paper submitted by Christy Ezim Mbonu on corruption and its impact on the full enjoyment of human rights, in particular economic, social and cultural rights (E/CN.4/Sub.2/2003/18) which contains information on the forms and causes of corruption; victims of corruption; action against corruption; and remedies against corruption on a national and international level. Amongst the recommendations, the report urges all countries to tackle the malaise of corruption by according it a priority place in the affairs of the nation. Regional and interregional efforts are also needed to arrest this scourge. It is recommended that a full study be undertaken at the Sub-Commission level with the aim of contributing towards promoting transparency, accountability and good governance in Member States of the United Nations, which would make the enjoyment of all human rights possible.
There is a report submitted by the United Nations Population Fund (E/CN.4/Sub.2/2003/41) which contains general information on UNFPA activities relating to human rights, in particular to the rights of adolescents, as well as specific points on issues of relevance to the economic, social and cultural rights as well as specific human rights issues. UNFPA is working for the promotion and protection of fundamental rights in a number of areas through technical assistance in policy and programming and advocacy. The purpose of the report is to draw the Sub-Commission’s attention to a number of the Fund’s activities, to inform its considerations and to facilitate its work. UNFPA hopes that the report will be a valuable tool for the members of the Sub-Commission, observers and non-governmental organizations, serving as a source of information as well as a reference guide.

Discussion on the Administration of Justice
TOMO SHIBATA, of the Asian Women’s Human Rights Council, highlighted the need for mechanisms to address the impunity of sexual crimes in order to undo a certain judicial structure that had belonged to the reproduction of this particular human rights violation. This problem was not limited to one particular nation state, however the present administration of justice in Japan was an appropriate point of departure to make recommendations to other nation states. According to Japanese Criminal Law, the statute of limitation for sexual assault, excluding rape, was five years. It was a matter of serious concern that there was no differentiation made when the victim in question was a child. The implications for this non-differentiation were profound with respect to the psychological mechanism of child trauma. To be subjected to human rights violations of this kind as a child shattered the normal psychic schema. In order to rectify the impunity of child sexual abuse of this grave nature, it was necessary to not only reform the statute of limitation but also to establish the legal penalty for the act of not reporting child abuse. These specific legal reforms must be published and made known within society through the means of mass media.
FAROOQ SIDIQI, of the International Human Rights Association for American Minorities, said that the essence of democracy as a governing instrument in societies, nations and countries of the world was based on its principles that it guaranteed to exist and function. Once those principles were ignored, the outcome was dangerously equivalent to authoritarian rule and would become a flawed democracy. Such flawed democracy was very evident in Kashmir, where the principle of democracy was not being adhered to. In Kashmir, human rights and justice were not viewed through the principles of democracy but through a lens which upheld the will of Hindu majority. Democracy and justice could not co-exist when a State or the boundary of a State was under occupation of a foreign force. There was no compatibility between occupation and democracy. No true democracy kept millions of people in bondage against international law and the will of the people. In no true democracy did the official machinery preside over genocide of minorities.
OSMAN EL-SEDDIG (Sudan) said Sudan’s commitment to human rights stemmed from its legal obligations as well as its deeply rooted traditional values. Many of the human rights violations that had occurred in Sudan were a direct result of the armed conflict. The Government had therefore placed the consolidation of peace as its highest priority and was not withholding any effort to return the country to normalcy. Concerning the administration of justice in Sudan and its special courts, it was stressed that the process was proceeding through fair and transparent trials, as opposed to claims made by certain non-governmental organizations. Furthermore, the death penalty was against the national law in Sudan.
UGUR DOGAN (Turkey) said that human rights were the common treasure of humanity irrespective of religion, culture and geography. However, despite the national and international guarantees for the protection of human rights, violations of human rights continued to occur worldwide as no country was immune from such violations. There was room for improvement in every country. The ongoing reform process in Turkey aimed at the promotion and protection of human rights clearly demonstrated the Government’s continued commitment and determination in that respect. Following the adoption of the comprehensive package of constitutional amendments in 2001, the entry into force of the new Civil Code in 2002, and the enactment of three legislative reform packages in 2002, the state of emergency was lifted in the remaining two provinces as of 30 November 2002. Those successive legal reforms had been realized with a view to strengthening democracy, promoting respect for human rights and fundamental freedoms, consolidating the rule of law and independence of the judiciary. The Turkish Government was resolved to maintain the reform process. Turkey also remained committed to cooperate closely with the mechanisms of the Commission on Human Rights in line with its standing invitation to the thematic special procedures.
PETRU DUMITRIU (Romania) said that in many parts of the world, democratization processes were fragile and vulnerable to manipulation. A new generation of authoritarian leaders had emerged – one appreciated the potential of democracy only when they happened to be in power. Yet, once they had acceded to it, they gradually but purposefully forgot about democratic behaviour. Human rights bodies must spare no efforts in creating better awareness and strengthening the conceptual and institutional building blocks of democracy as an overarching goal for the United Nations system to promote universally. One must not wait for the collapse of a regime to recognize it as a non-democratic one. Romania believed that democracy must be recognized as a universal aspiration with global reach and validity. Unlike beauty, democracy was not in the eyes of the beholder. It was in this spirit that the Sub-Commission must continue to bring its own contribution to the promotion of democracy, as a comprehensive and secure framework for the protection of all human rights.
MOHAMED MOUNIR LOUTFY (Egypt) said that his country was a nation that respected the rule of law. The country had been fighting terrorist activities, which had undermined the right to life of its citizens. The state of emergency existed with the view to protect the peace and security of the population. The law on the state of emergency was reviewed regularly by the high court of the country. The law on the state of emergency would be lifted when the country’s higher court decided to do so.

Discussion on Economic, Social and Cultural Rights
EL HADJI GUISSE, Sub-Commission Expert, introduced the report of the Working Group on the methods of work and activities of transnational corporations. Members of the Sub-Commission had participated in the working group on issues relating to the relationship between the enjoyment of economic, social and cultural rights and the right to development, and the working methods and activities of transnational corporations. A number of non-governmental organizations had also participated and were in favour of the draft prepared by the Working Group. Under the item on the administration of justice it had been stressed that these activities had certain and sometimes serious consequences on human rights. These effects were often particularly noticeable with regard to the human rights of indigenous peoples. There was a growing interest in these issues, which encouraged the Working Group to continue its important work.
Mr. Guisse also orally presented his report on the promotion of the realization of the right to drinking water supply and sanitation and said that it was necessary to establish a legal framework for this basic right. Individuals could not call for a specific right, without a legal text behind him or her supporting it. Members of the international law community had also raised the principle of the legal basis of the right to water. It was an undeniable fact that poverty affected access to drinking water. In many industrialized countries, the right to water was not formalized. Indeed, social services would intervene in the majority of cases. When tenants who benefited from housing aid could not pay their rent, the non-payment of rent must not affect the provision of water. It was stressed that one must prevent the privatization of water. Certain rights were basic to the point that without them people could not live. Water was an element of survival and must be seen as a common good. Privatization of water in developing countries had led to suffering, water-shortages and hiked up prices. Most diseases in developing countries were water born. The problem was not only affirming the right to water, it was also necessary to ensure its implementation. The fate of women and children had been worsened by the privatization of water, the shortage of water and the contamination of water. The Sub-Commission were asked to review recommendations so that the work on this issue of vital importance could move forward.
PAULO SERGIO PINHEIRO, Sub-Commission Expert, introducing his report on “housing and property restitution in the context of the return of refugees and internally displaced persons”, noted that at all points in the displacement cycle, protecting the rights of refugees and other displaced persons to land, housing and property was a critical human rights concern, affecting the most elementary requirements needed to ensure basic security and an adequate standard of living. According to the UN High Commissioner for Refugees, there were an estimated 20 to 25 million internally displaced persons worldwide. Not only were housing and property restitution programmes a pressing concern in light of the sheer numbers of displaced persons, but also one should recall the vital role of those programmes in promoting regional stability and security. The observance of those rights was central to the process of peace-building and conflict resolution, thereby fostering an environment of security in which the promise of peace could be realized. Yet, the loss of land, housing and property frequently presented itself as a major obstacle to return for many displaced persons throughout the world. The right of displaced persons to return and reintegration could not be ensured without first protecting the right of those persons to land, housing and property restitution.
It also deserved mention that women, who along with children make up the vast majority of refugees and displaced persons around the world, faced unique challenges in realizing their land, housing and property rights. Not only did many women suffer from gender-based violence at all points along the displacement cycle, but they also suffered gender-based discrimination in the areas of property ownership or inheritance, presenting additional obstacles to the realization of their rights to land, housing and property, including restitution; that negatively impacted their ability to return home in safety and with dignity. The development of concrete international guidelines on housing and property restitution, based on international human rights laws and standards, would be a crucial step toward the development of a universal approach to the problem. Such a contribution would lend itself to the practical implementation of housing and property restitution programmes by offering specific policy recommendations and protocols on how best to overcome common obstacles.
JOSEPH OLOKA-ONYANGO, Special Rapporteur on Globalization, said that the report had sought to establish a number of key points, including that the processes that affected globalization were not natural – they were informed and directed by specific political, economic and even cultural interests and interventions; that there was no single one path or model that defined the processes of globalization; to date, the emphasis of States had been placed on ensuring that the growth and enhancement of processes met less resistance; and that there was a special need to ensure that those processes did not negatively impact on human rights. It was stressed that 11 September had emphasized the linkages by finance, trade, migration, communication, environment, communicable diseases, crime, drugs, and certainly by terror. But 11 September had also highlighted the place and role of several actors who were central to an understanding of the manner in which globalization processes took shape and operated. In the immediate time after 11 September there had been a heightened respect for recourse to the mechanisms of multilateral action. However, since that time, unilateral action had received pride of place. The report points to the fact that necessary changes need to take place if the World Trade Organization was indeed to ensure that the process of trade liberalization – a process that was at the heart of contemporary globalization – was made more sensitive to the promotion and protection of human rights. Despite talk of a development round, not much had changed since Doha, and even the gains that could be said that have come from that meeting appeared under threat as the meeting in Cancun next month loomed close. The paper urged a re-thinking of the processes of globalization and called for a renewed debate on the subject of human responsibilities and duties, which was at the core of the discussion of ensuring that the processes of globalization became more sensitive to and accommodative of human rights concerns.
PAULO SERGIO PINHEIRO, Sub-Commission Expert, thanked the Special Rapporteur for the report on globalization and reiterated how important it was that the process of globalization assumed a more human face.
CHRISTY EZIM MBONU, Alternate Sub-Commission Expert, presenting her working paper on “corruption and its impact on the full enjoyment of human rights, in particular economic, social and cultural rights”, said that the revised draft UN Convention against Corruption (A/AC.261/3/Rev.4) had underlined that the seriousness posed by corruption was such that it could endanger the stability of societies, undermine the values of democracy and morality and jeopardize social, economic, and political development. Corruption could therefore be described as being worse than a cancer festering within the society, enriching a few and impoverishing many. It created poverty, which in turn engendered denial of economic, social and cultural rights. Corruption had become a major international concern. It took many different forms, from the routine cases of bribery or petty abuse of power that were said to “grease the wheels” to the amassing of spectacular personal wealth through embezzlement or other dishonest means. Corruption was increasingly cited as a reason for withholding foreign aid or debt relief. If a country’s inability to pay interest on its loans was due to its leaders siphoning off national earnings into their own bank accounts, the reasoning went, surely extending aid or cancelling the debt would merely sanction further graft.
For multinationals, bribery enabled companies to gain contracts or concessions, which they would not otherwise have won, or to do so on more favourable terms. Every year, Western businesses paid huge amounts of money in bribes to win friends, influence and contacts. Those bribes were conservatively estimated to run to $ 80 billion a year – roughly the amount that the United Nations believed was needed to eradicate global poverty. Multinational companies maintained good connections with the governments and political parties of their home country. In many cases, including the United States, France and the United Kingdom, they were major funders of political parties. Those relations reflected the role of governments as important representatives of business interests on the international scene. Governments provided that support in financial, political and legal forms by providing export credit guarantees; by promoting their country’s multinationals against others in building for major contracts; and by providing diplomatic and legal representation in case of problems. Whether in the developed or developing countries, corruption hurt the poor, foremost by making them poorer.
JOSE BENGOA, Sub-Commission Expert, presented a working paper on the implementation of existing human rights norms and standards in the context of the fight against extreme poverty. He said that it had been a long road to establish the link between extreme poverty and human rights. For many years, extreme poverty had been seen to be linked only to economic factors. Poverty was in fact a manner of denying all human rights. UNESCO had also seen this link and the fight against extreme poverty from a human rights angle was a central theme in its work. There was a different emphasis in his report this year, as opposed to last year, much because of the increased dialogue with non-governmental organizations. In the annex of the report, a group of experts had provided a guide on human rights standards with regard to poverty. The fight against poverty must be seen as a global process enabling people to emerge from their current predicament. The report recommended broad consultations to make headway in the conceptual framework. It was important for these consultations to be heard in the context of possible seminars or meetings with participation from people working in the field and participants from developing countries.
CHEN SHIQIU, Sub-Commission Expert, said freedom from poverty was the most fundamental requirement in life and in human rights. The growing problem of poverty presented a serious constraint to peace and development. This was a major challenge of the international community. The rapid growth technology had promoted development, at the same time as it had increased inequalities and marginalization. The list of least developed countries had increased from 42 to 49, and about a billion people were living in poverty. Reducing the gap between rich and poor was a common responsibility of the international community. Developing countries had already made significant strides in the eradication of poverty, however, the full commitment of developed countries in terms of Official Development Assistance and Foreign Direct Investment was needed. Human rights concepts must be included in the fight against extreme poverty.
CHRISTY EZIM MBONU, Alternate Sub-Commission Expert, congratulated Mr. Guisse for his presentation of his study on water. In some countries water was taken for granted and in others it was a luxury commodity. The debt burden was among the primary problems in the developing countries that denied the right to water to many people. This was because the money that was paid for the debt service would have been invested in developing water resources.
EL HADJI GUISSE, Sub-Commission Expert, said that the report on globalization was a very comprehensive and constructive study, with a great deal of economic knowledge. Concerning the links established between globalization and integrated economic rights and what had happened on the 11 September, the world had been shaken by that event, but he could not really see its relevance in the report. Concerning the presentation on human rights and extreme poverty, he appealed to all non-governmental organizations to participate in the continuation of this work. Finally, the work on corruption was vital and needed the Sub-Commission’s support. Corruption was an impediment for the enjoyment of economic, social and cultural rights both for individuals and communities as a whole. The passive attitude to corruption must be included in Ms. Mbonu’s study. One form of corruption was also a form of embezzlement – hidden corruption – based on promises and pressures manifested in a different manner.
VLADIMIR KARTASHKIN, Sub-Commission Expert, said that because of their importance, all the reports needed to be discussed at length and in depth. It was a shame that they were considered in a very speedy manner. The process of globalization was inevitable in the context of the scientific progress of the world. By minimizing its negative effects, one should continue with the process by giving objective considerations for the positive elements. The principles of the UN should also be followed in all actions of the globalization process. The war in Iraq had reflected that no country was able to resolve the problem without the involvement of the United Nations. The process of globalization had negative consequences as had been indicated by the rapporteur on the issue. All countries should implement the elements of the Covenant on Economic, Social and Cultural Rights, as the process of globalization continued.
RUI BALTAZAR DOS SANTOS ALVES, Sub-Commission Expert, stressed the importance of the report on corruption and the impact it could have on the enjoyment of human rights. The phenomenon of corruption was in no way limited to developing countries and valid reference frameworks were needed for each specific context. In Africa, the situation of domestic instability, regional dispute and the spoiling of resources contributed to the prevalence of corruption. Greater accountability would lead to less monopoly and discretionary powers, which would in turn lead to the eradication of corruption. Simplification and elimination of institutional barriers could also contribute. Corruption could be combated also by ensuring that media had access to information. The study on corruption must address the framework of the current reality of globalization, including structural adjustment programmes. Today, corruption had become very sophisticated and international and regional cooperation was necessary in combating the scourge. A concrete step had been taken in combating corruption through steps taken by the African Union recently, including the establishment of the New Partnership for Africa’s Development.
ABDUL SATTAR, Sub-Committee Expert, said that corruption was a cancer, as said by the rapporteur, which created a malignant infection in the society. The transfer of “dirty-money” should be condemned as part of corruption. The Sub-Commission should play an important role in contributing to the adoption of the proposed draft convention against corruption.
LALAINA RAKOTOARISOA, Sub-Commission Expert, said her comments would be limited to the issue of corruption. Corruption was a topical question internationally and was a concern to both countries of the South and the North. Corruption was a serious obstacle to development, progress and harmony. From the economic point of view, corruption distorted policies and discouraged investment. Its eradication called for international cooperation, including international assistance in terms of providing evidence. The role of the drug trade, trafficking and money laundering must also be addressed. Money laundering impaled the economy of a country. The international community must arm itself against this scourge and undertake efforts on all fronts. Being a global problem, international cooperation could only have an effect if it was complemented with rigorous national efforts. Since it had a clandestine nature, it was often difficult to provide evidence for corrupt activities. However, those that were corrupt had resources beyond their means that could be found in their bank accounts. It was therefore also necessary to address bank secrecy. The framework of good governance also deserved further study, as well as the need for consciousness raising. Concerning drinking water, it was stressed that safe drinking water was at the core of health.



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