Sub-Commission concludes debate on economic, social and cultural rights

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





Starts Discussion on Prevention of Discrimination




The Sub-Commission on the Promotion and Protection of Human Rights this morning concluded its debate on economic, social and cultural rights after hearing from a series of non-governmental organizations who raised alleged violations of these rights in specific regions and countries.

The Sub-Commission then started its debate on the prevention of discrimination: racism, racial discrimination and xenophobia; prevention of discrimination and protection of indigenous peoples; and prevention of discrimination and protection of minorities.

David Weissbrodt, Sub-Commission Expert, presented his report on the rights of non-citizens, saying that his final report concluded that the discriminatory treatment that non-citizens continued to face in contravention of the rights guaranteed by international human rights instruments demonstrated the need for clear, comprehensive standards governing the rights of non-citizens, their implementation by States, and more effective monitoring of compliance. He said the objective of his study had been achieved, but as the events following 11 September had emphasized, it was clear that much more work needed to be done in that field.

Asbjorn Eide, Sub-Commission Expert, also introduced his work on peaceful and constructive solutions of problems involving minorities, noting that if States ensured equal protection and maintained effective remedies for all without discrimination, many of the minority issues would not arise. The minority problems often arose when the State did not provide equal protection and enjoyment of those rights by members of vulnerable minorities. In some cases they were faced with enforced displacement, in other cases, they faced enforced assimilation. Consequently, a better implementation of the universal human rights, with appropriate protection and remedies, would make it possible for minorities to preserve their culture and tradition and to participate effectively in the larger society, he added.

In his capacity as the Chairperson of the Working Group on minorities, Mr. Eide also informed the Sub-Commission about the conclusions and recommendations of its ninth session. Some of the recommendations included strengthening the dialogue between minorities and Governments in order to implement better the mandate of the Working Group. Themes to be raised next year included the relationship and differences between self-determination and autonomy; identifying gaps in the international protection of minorities; as well as strengthening the international standards for protection of minority rights.

Government delegates from Sudan, Bolivia, the United States and Switzerland spoke on economic, social and cultural rights, as did representatives of the United Nations System Standing Committee on Nutrition and the International Labour Office. The following non-governmental organizations also spoke under this agenda item: World Federation of Trade Unions; International Federation of Human Rights Leagues; Interfaith International; Comité international pour le respect et l'application de la charte africaine des droits de l'homme et des peuples; Himalayan Research and Cultural Foundation; International League for the Rights and Liberation of peoples; International Commission of Jurists; World Muslim Congress; Pax Romana; Minority Rights Group International; Foundation for Aboriginal and Islander Research Action; International Human Rights Association of American Minorities; Human Rights Advocates, Inc.; International Council of Jewish Women, in joint statement with several NGOs*; World Peace Council; and International Movement against All Forms of Discrimination and Racism.

Speaking on the prevention of discrimination were the representatives of the following non-governmental organizations: International Council of Jewish Women; World Peace Council; and the International Movement against all Forms of Discrimination and Racism.

Côte d’Ivoire exercised its right to reply.


When the Sub-Commission reconvenes at 3 p.m. this afternoon, it will continue its debate on the prevention of discrimination.


Documents

Under its agenda item on the prevention of discrimination, the Sub-Commission has before it a report of the Working Group on minorities (E/CN.4/Sub.2/2003/19) which contains information about the organization of the session; a review of the promotion and practical realization of the Declaration on the Rights of Persons belonging to national or ethnic, religious and linguistic minorities; an examination of possible solutions to problems involving minorities, including the promotion of mutual understanding between and among minorities and governments; recommendations of further measures for the promotion and protection of the rights of persons belonging to national and ethnic, religious and linguistic minorities; the future role of the working group; as well as decisions and recommendations. Recommendations concern the organization of the next session; its themes; recommendations for the Sub-Commission, Governments, regional mechanisms; and international, regional and national development agencies, as well as the United Nations, UNDP, UNICEF, ILO, World Bank and the regional development banks.

There is a report by Special Rapporteur David Weissbrodt on the rights of non-citizens (E/CN.4/Sub.2/2003/23) which presents a synthesis of the general principles of and specific exceptions to the rights of non-citizens under international human rights law together with a brief identification of some of the areas in which these rights are not being respected. The report draws conclusions and makes recommendations for further action. The report states that continued discrimination of non-citizens in contravention of relevant human rights instruments demonstrates the need for clear, comprehensive standards governing the rights of non-citizens, their implementation by States, and more effective monitoring of compliance. States should take actions to counter any tendency to target, stigmatize, stereotype, or profile on the basis of race members of particular population groups, such as non-citizens – by officials as well as in the media and society at large. States are urged to comply with their obligations under international human rights, labour, refugee and humanitarian law relating to refuges, asylum-seekers and other non-citizens. The international community is urged to provide such persons with protection and assistance in an equitable manner and with due regard to their needs in different parts of the world, in keeping with principles of international solidarity, burden-sharing and international cooperation. There are four addenda to this report on United Nations activities; regional activities; examples of practices in regard to non-citizens; and a summary of comments received from United Nations Member States to the Special Rapporteur’s questionnaire.

There is a report on the update to the study on peaceful and constructive approaches to situations involving minorities submitted by Asbjorn Eide (E/CN.4/Sub.2/2003/21) which consists of a review of the framework for minority protection under international law, addressing the requirements which are contained in universal human rights and therefore applicable under all circumstances, including when the minority concerned was not formally recognized in the country concerned. The report underlines that effective respect and protection of universal human rights would go a long way in meeting the needs of persons belonging to minorities. The need for specific minority rights are manifest particularly under three conditions: when persons belonging to minorities are the subject of discrimination in the enjoyment of universal human rights or are not given equal protection by the law; when there is conflict over the use of universal human rights to assert a separate identity by minorities; or when the minority makes claims requiring special measures going beyond universal human rights. The report states that the framework for the constrictive group accommodation through minority protection is set by the dual concern with the maintenance of international peace and the promotion and protection of universal human rights. Many of the concerns of minorities can be met through the responsible application and protection of universal, individual human rights. The major problem for many minorities around the work is a lack of political will or capability on the part of the State to respect and, particularly, to protect those rights. When discrimination is rampant or protection of minorities weak, a natural reaction will be to demand other forms of safeguards - more effective participation, or outright autonomy.

There is a note from the secretariat containing a memorandum submitted by the International Labour Office (E/CN.4/Sub.2/2003/42) on the administration of justice, rule of law and democracy; economic, social and cultural rights; and the prevention of discrimination. The purpose of the memorandum is to draw the Sub-Commission’s attention to a number of ILO activities, to inform about its considerations and to facilitate its work. Naturally, a selection of the most pertinent and recent developments had to be made. The memorandum is a part of the ILO’s commitment to engage in an active partnership with the United Nations on human rights matters. It hopes that the memorandum will be a useful tool to the members of the Sub-Commission, observers and non-governmental organizations, serving as a source of information as well as a reference guide. It includes information on ratification of ILO Conventions; standard-setting activities; supervision of standards; sections on globalization, informal sector; application of conventions concerning discrimination; as well as general activities for the prevention of discrimination.


General Debate on Economic, Social and Cultural Rights

Helen DUSSOLLIET GOND, of World Federation of Trade Unions, said that pressure from the International Monetary Fund and the Maastricht treaty in favour of privatization of enterprises and public services had reinforced the regression of social achievements. It had contributed to the impoverishment and the misery of work and workers in the world. The restructuring or the regrouping of enterprises had led to a mass dismissal of employees. And if the enterprises were not satisfied with what they did through privatization, they orchestrated a blockade like those on Cuba or Iraq, where tens of thousands had died due to lack of medicine. Finally, they provoked wars by invoking religious fundamentalism, ethnic hatred or the pretext of terrorism, in order to use their weapons. They also violated human rights during these military interventions.

ANTOINE MADELIN, of International Federation of Human Rights Leagues, said the Federation was carrying out activities to highlight responsibilities to do with economics and their impact on human rights. The promotion and protection of human rights must be ensured by all States. The Federation welcomed the progress on the work on the Draft Norms for transnational corporations and their activities. The Norms recognized both the need for a complaints mechanism as well as provisions for compensation. The drafting, institutionalisation and immediate implementation of the rules and regulations to do with transnational corporations were essential. The Sub-Commission must adopt these draft norms and disseminate them internationally. The development of guidelines on norms and criteria for human rights related to poverty was also essential. The struggle against poverty must be based on universal and indivisible human rights norms to be implemented internationally, regionally, and nationally. Finally, the Federation congratulated the High Commissioner for the report on liberalization of trade, as well as the report of the Special Rapporteurs on globalization and its impact on human rights. These reports were particularly important in the days before the World Trade Organization meeting in Cancun, and made important recommendations on the promotion of economic, social and cultural rights.

Mehran BALUCH, of Interfaith International, said that if there was an example of the grossest violation of economic, social and cultural rights committed by a State, it would be found in Baluchistan, the south west province of Pakistan, where there was suppression and repression through arbitrary and unilateral enforcement of illegal and unconstitutional decrees. The Baloch land, whose independence had been recognized even by the British rulers of India, was forcibly and illegally occupied and annexed by the ruling elite of Punjabis in Pakistan through the might of their military in 1948. The Punjabi ruling oligarchy in Pakistan had unleashed a reign of terror and brutality on the people of Baluchistan just because they never agreed to the surrender of their independence and dilution of their historical identity. In 1973, the Baloch movement for the realization of economic, social and cultural rights as well as autonomous status for the land was brutally suppressed.

ARIF AAJAKIA, Comité international pour le respect et l'application de la charte africaine des droits de l'homme et des peuples, said States had the primary responsibility to promote and secure the fulfillment of human rights and to ensure respect and protection of these rights as recognized in international as well as national law. There were States where the Constitution guaranteed protection of economic, social and cultural rights of common people but the protection of the Constitution itself was never guaranteed. The un-democratic feudal forces of those States had always kept the common people under the state of abject poverty that led to religious fanaticism and terrorism. The case of Pakistan was very simple. Pakistan was a multi-ethnic society and different ethnic groups lived in this country, however a dominant group had always subjugated the rights of the people from smaller provinces. The permanent residents of Sindh province were subject to this subjugation and violation of economic, social and cultural rights. The very basic right of common people was water, however the people of Sindh had never received their right share of water and as a result, the rural as well as urban people had faced artificial shortages of water. The Sub-Commission was urged to take steps and call for the replacement of the present Constitution with one that reflected the true spirit of the Pakistani resolution of 1940. This alone could do justice to the ethnic and religious minorities in Pakistan.

MIR MUHAMMED MIR, of Himalayan Research and Cultural Foundation, said that the economic dimension of the right to development had been given prime importance in the discussions while the effects of socio-economic and political measures to ensure upholding of the right to development or its impact on social and cultural rights had been largely ignored. The symbiotic relations among those rights, the close inter-connections among them rather called for a conceptual fusion that studied more significantly how social and cultural rights affected economic rights and were affected by them. He drew attention to the continued trampling of economic, social and cultural rights of over 1.7 million indigenous people in his hometown of Gilgit and Baltistan under the occupation of Pakistan. The people were facing immediate threat of extinction due to a huge influx of Pashtoons and Punjabis from the provinces of Pakistan who were settling in an organized manner.

ELENA SANTIEMMA, of International League for the Rights and Liberation of peoples, welcomed the report of the Sub-Commission on the scourge of corruption, its causes and consequences. Politicians often took advantage of their power and became corrupt. Fighting corruption was a long-term battle and would require action on all levels. It was suggested that an international monitoring body be set up. Such a body would weaken the power and serve as a deterrent for corruption. Furthermore, it could be useful to teach children about corruption, its causes and negative consequences. Such a programme would come under the mandate of UNESCO, but perhaps it could be financed by transnational corporations. The scourge of corruption must be dealt with immediately and it would only be successfully fought through education.

Edwin BERRY, of International Commission of Jurists, said that his organization welcomed efforts dedicated towards the realization of economic, social and cultural rights as upheld through the International Covenant on Economic, Social and Cultural Rights and the draft Optional Protocol. The 2003 Commission on Human Rights had requested an open-ended Working Group to consider options with regard to the elaboration of an Optional Protocol to the Covenant and to report back to the sixtieth session of the Commission to make specific recommendations on the course of action concerning its elaboration. The establishment of the UN Working Group to examine the elaboration of this Optional Protocol was an important step towards strengthening economic, social and cultural rights. The Jurists’ Commission considered the Optional Protocol an indispensable tool in further specifying the legal content and scope of the rights enshrined in the Covenant to assist with their implementation.

Maqbool AHMAD, of World Muslim Congress, said the economic and social conditions prevailing in the “developing” world today were discouraging and one noticed a continued deterioration in the living conditions of a vast proportion of humanity, seemingly hopelessly mired in poverty and its attendant consequences. Many of the 190 nation States were mostly poor and marginalized and found themselves helpless against hurdles that blocked all opportunity to exit from their poverty – unable to get out of their sad state on their own. An economic apartheid – separating the rich nations from the poor nations – was in place. Two factors were involved here. One was the agricultural subsidies doled out to the farmers in industrial societies, which enabled the farmers in these countries to dump their extra produce on the international market at a price much lower than the production cost of the poor farmers in the third world. The second factor was the tariff barriers to lock out the produce from poor countries into rich markets, while ensuring free access of manufactured goods and services to the markets of poor countries. In addition, indebtedness and the conditions associated with repayments created economic havoc, taking away all hope of recovery for developing countries.

PARINYA BOONRIDRERTHAIKUL, of Pax Romana, said that her organization had been involved with the Working Group on transnational corporations and welcomed the proposal made by Mr. Bengoa to include the Declaration on Right to Development in the preamble. The proposal of Ms. Hampson on the role of non-governmental organizations in the implementation of the Norms was also welcomed. States should give due consideration to the Norms when they entered into agreements with transnational corporations as well as local companies in the process of trade liberalization and privatisation. It was important to integrate the norms into the nation protection system as envisaged by the Office of the High Commission for Human Rights.

In India, the Coca Cola Company, which was situated in the fertile state of Kerala, had left the community begging for water everyday. The Company for its maximum consumption of water had dug deep giant bore wells, which extracted the locality’s entire water. It also dumped its waste in the nearby locality. The people of Kerala have lost their control over their own natural resources and their daily lives have become a misery without drinking water.

CHRIS CHAPMAN, of Minority Rights Group International, said indigenous and tribal peoples worldwide were facing many types of threats to their survival as distinct peoples, including dispossession of their lands and resources and the appropriation of their collective cultural knowledge. A related issue of serious concern to indigenous peoples was the human genome diversity project. Among the aims of the project was to collect, analyze and preserve genetic samples from a host of vanishing human populations. These vanishing populations tended to be indigenous peoples who, because of their relative isolation, had genes containing characteristics that were absent in the mainstream population, for example, resistance to some diseases. The Group therefore urged that any recommendation produced by the Sub-Commission reflected concerns of indigenous peoples and included strong measures to adequately protect their rights. Regarding the fight against extreme poverty, it was stressed that minorities and indigenous peoples were amongst the poorest of the poor. Yet, poverty reduction programmes often did not reach them. The Millennium Development Goals would not be fulfilled without respecting the rights of minorities and indigenous peoples.

Les MALEZER, of Foundation for Aboriginal and Islander Research Action, said that the Prime Minister of Australia had made a statement that revealed the Government’s policy which rejected the application of human rights standards for the indigenous peoples. That was in stark contradiction to the contents of the working paper presented by Mr. Bengoa where the tenet was that extreme poverty should be approached on the “universality, indivisibility, interdependence and interrelation of all human rights”. Mr. Bengoa’s propositions were not new to Aboriginal Peoples and Torres Strait Islander Peoples because the finding of the Royal Commission into Aboriginal deaths in custody, which were presented twelve years ago in 1991, had come to the same conclusion. The Royal Commission had presented a total of 339 recommendations, following thirteen years of investigations and 34 million dollars in expenditure.

ALTAF HUSSAIN-QADRI, of International Human Rights Association of American Minorities, said that all States must take action to individually and collectively develop development policies. States also needed to cooperate in strengthening the respect and promotion of human rights for all. The Charter of the United Nations stated that the United Nations’ purpose was to establish international security and peace and to address economic, social and cultural rights, as well as promoting all other human rights. However, the right to development seemed to have been ignored by States. South Asia, despite its economic progress, was mired by poverty and marginalization. The situation in India was particularly telling, however much of its social expenditure had been spent on the military activities of the State to do with the situation in Kashmir. It was stressed that the international community and particularly the United States had played an important role in downplaying the political dispute. However, the right of development would not be achieved in India unless its government reduced its armament spending. This issue must be included in future work of the Sub-Commission on the right to development.

ANDREW PARKER of Human Rights Advocates, Inc, said that the appeal of Coca Cola to a decision to revoke its license to operate its bottling plant in Palekkad, India, would be heard this year. For about a year and a half, the villagers in Palekkad had been actively protesting the presence of Coca Cola’s bottling plant, which had extracted 1.5 litres of water per day from the local wells to produce its daily output of 13,200 bottles of the soft drink. Coca Cola had extracted so heavily from the local well that the villagers were left with water that was too highly concentrated in salt for consumption or even cleaning use. Some villagers who had tried to use the water had reportedly become ill. Coca Cola’s extensive extraction practices had also forced villagers to give up their livelihood of crop growing. Conditions inside the plant were reportedly causing concern as well. One worker who left the plant said she would not return even if she was paid more because the conditions were so bad.

WENCHE BARTH EIDE, of the United Nations Standing Committee on Nutrition, drew the attention of the Sub-Commission to two points regarding the present status of the work to advance the right to adequate food, currently in a particularly exciting but also critical phase, where the outcome was as yet unpredictable. The first point regarded the ongoing process to draft international guidelines for the national implementation of the right to adequate food. This initiative and evolving process must be considered of historical interest in the efforts to advance economic, social and cultural rights overall. It was important that the Sub-Commission followed the process and helped ensure that the first Member States owned guidelines so that economic, social and cultural rights became a reality and not merely reiterations of conventional development principles and jargon. Secondly, she said that in 2001, the Commission had recommended that a fourth consultation on the right to food be held. One year later, there was no sign of plans for a fourth consultation, therefore she appealed to the Sub-Commission to repeat that recommendation this year, and specifically urged the Office of the High Commissioner to seek funds for it to be held while the guidelines process was still on.

BONNIE PENFOLD, of International Labour Office (ILO), said that the comments of the ILO made during the current and previous sessions of the Working Group concerning the Draft Norms on the responsibilities of transnational corporations and other business enterprises with regard to human rights, were made by the ILO Secretariat and did not prejudge any positions which the ILO Governing Body might adopt. The Office gratefully acknowledged that all its comments to the Working Group had been addressed, and in particular presented thanks for the Working Group’s patience and cooperation with the ILO over the last four years. The ILO remained at the disposal of the Sub-Commission and the Working Group to provide further clarifications and information as required.

OSMAN EL-SEDDIG (Sudan) said wars and internal conflicts were in contravention to human rights. Many such conflicts were intimately linked to the activities of transnational corporations and he therefore welcomed the statements made on the need to establish Draft Norms as to the activities of such transnational corporations. During the Cold War, transnational corporations had played an important role to the detriment of the human rights of citizens in Southern Africa, the Horn of Africa, and the Great Lakes region, among other places. It was proposed that the Draft Norms must plan for sanctions for those transnational corporations that flaunted United Nations principles. The Sub-Commission must arrange to have the United Nations conflict-resolution mechanisms reactivated in order to put an end to armed conflicts that disregarded human rights.

ALVARO MOSCOSO BLANCO (Bolivia) said that historically, corruption constituted an obstacle to the promotion and protection of human rights, especially economic, social and cultural rights. Bolivia was among the countries that suffered from the consequences of corruption. It had put in place measures intended to fight corruption and hoped that its efforts would reduce the level of corruption in the country. Over the last 30 years, Bolivia had been reinforcing measures to establish a sound economy and to strengthen democracy. In its efforts to implement an ambitious economic structure, Bolivia had ratified a number of international instruments relating to human rights, including the International Covenant on Economic, Social and Cultural Rights. With regard to corruption, the Government of Bolivia had created an institution that was charged with the fight against corruption. The President himself was engaged in the fight and the institution for the fight against corruption had been given a special mandate in its fights against corruption. Among its powers, it had been given the function to denounce public institutions that practiced corruption.

JEFFREY DELAURENTIS (United States) said that he failed to see the relevance of aspects of the report on globalization and its impact on the full enjoyment of human rights, particularly chapter two on the aftermath of 11 September and its impact on globalization. The United States strongly protested the authors’ assertion that the attention the Unites States and the world had paid to security in the aftermath of 11 September was premised on the curtailment of civil liberties. The United States had stated in numerous international fora that it did not accept the premise that the net effect world-wide of the many phenomena grouped under the term globalization had been an increase in poverty, nor that globalization had had a broad negative impact on the enjoyment of human rights. It was certainly true that globalization embodied change, however the Sub-Commission must focus on the elements that must be contained in national policies to benefit from these changes, particularly in terms of human rights.

JEAN-DANIEL VIGNY, (Switzerland) said that the report 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) contained indications concerning bank secrets in Switzerland and Liechtenstein, which did not reflect the reality. The Swiss authorities underlined that the obligation of discretion by banks concerning their clients had never been absolute. Switzerland had been effectively cooperating with the authorities of other States in the fight against organized corruption, and bank secrets had been lifted within the context of judicial criminal decisions, corruption, fraud and money laundering. Switzerland had cooperated with the Nigerian authorities, for example, concerning public money abuse by the former President Sani Abasha.

Right of Reply

A representative of Côte d’Ivoire, exercising his right of reply, said that non-governmental organizations had claimed that children had been used as slaves in cocoa plantations by transnational corporations in his country. This was not true since most cocoa plantations were nationally owned by villagers and farmers. The international Convention on the Rights of the Child, as well as relevant ILO Conventions, were being applied in the Côte d’Ivoire. There were also other national regulatory provisions for the protection of the rights of the child. A framework had been implemented to ensure that children also had access to health and education. Cocoa production from Côte d’Ivoire was not a result of slavery, and the country must not be accused of such atrocities.

Presentation of Reports and Discussion on Prevention of Discrimination

DAVID WEISSBRODT, Sub-Commission Expert, presenting his report on the rights of non-citizens, said that his final report concluded that the discriminatory treatment that non-citizens continued to face in contravention of the rights guaranteed by international human rights instruments demonstrated the need for clear, comprehensive standards governing the rights of non-citizens, their implementation by States, and more effective monitoring of compliance. Since problems relating to the treatment of non-citizens arose under each of the seven principal human rights treaties, it would be desirable for the treaty bodies jointly to prepare general comments and recommendations that would establish a consistent, structural approach to the protection of the rights of non-citizens. Since such a level of cooperation among the treaty bodies had not yet developed, each committee should at least follow the lead of the Committee on the Elimination of Racial Discrimination in issuing their respective general recommendations that took into account the obligations of States under other treaties.

Mr. Weissbrodt said he started his study in response to the request of the Committee on the Elimination of Racial Discrimination to the Sub-Commission for help in developing an inclusive understanding of the international legal protections for the rights of non-citizens, including the Convention on the Elimination of all Forms of Racial Discrimination. That objective had been achieved, but as the events following 11 September had emphasized, it was clear that much more work needed to be done in that field. CERD was already in the process of using the results of that study in preparing an improved General Recommendation on the rights of non-citizens, and the Sub-Commission had authorized several studies and working papers that would continue to examine certain aspects of non-citizens’ rights.

ASBJORN EIDE, Sub-Commission Expert and Chairperson of the Working Group on Minorities, introducing his work on peaceful and constructive solutions of problems involving minorities, said that his report was the first part of an update of his study completed in 1993 on peaceful and constructive approaches to situations involving national minorities. His main focus was the obligation of States to protect the existence of minorities, to preserve national or ethnic, cultural, religious and linguistic identity of minorities within their respective territories, and to encourage conditions for the promotion of that identity. The main focus of this part of the study was to underline that universal human rights, if respected and protected, would go a long way to meet the demands of the minorities. By universal human rights, he meant the rights contained in the Universal Declaration. If States ensured equal protection and maintained effective remedies for all without discrimination, many of the minority issues would not arise.

Based on the information obtained by the Working Group on Minorities, the minority problems often arose when the State did not provide equal protection and enjoyment of those rights by members of vulnerable minorities. In some cases they were faced with enforced displacement, in other cases, they faced enforced assimilation. Consequently, a better implementation of the universal human rights, with appropriate protection and remedies, would make it possible for minorities to preserve their cultures and traditions and to participate effectively in the larger society. In the final report, some of the more difficult questions would be examined at greater length, including integrative and autonomous approaches to minority protection; the issue of the right to citizenship as a condition for effective participation; land rights; educational rights in different contexts; and the right to development of those minorities whose culture depended on a particular way of life.

In his capacity as the Chairperson of the Working Group on minorities, he also informed the Sub-Commission about the conclusions and recommendations of its ninth session. Some of the recommendations included strengthening the dialogue between minorities and Governments in order to implement better the mandate of the Working Group. Themes to be raised next year included the relationship and differences between self-determination and autonomy; identifying gaps in the international protection of minorities; as well as strengthening the international standards for protection of minority rights. Furthermore, the Working Group had encouraged the holding of regional or subregional seminars, and it had recommended the establishment of a voluntary fund to support the participation of minority representatives and experts on minority rights in the Working Group. States had been recommended to formulate and adopt legislation under which States parties would be required to abide by decisions emanating from international human rights complaints procedures, as well as providing easily accessible remedies for victims of violations. In addition, States had, among other things, been recommended to prosecute gross violations of minority rights as crimes against humanity; address the phenomena of corruption; and review national curricula. The High Commissioner was invited to convene a two-day workshop immediately prior to the tenth session of the Working Group to celebrate the tenth session and to discuss proposals for strengthening the promotion and protection of the rights of minorities. International, regional and national development agencies had been seriously encouraged to investigate social, economic, cultural and environmental impacts of development projects of the lives of minorities, and to ensure that a balance was struck between preserving the traditional culture, and reducing poverty and improving the livelihood of the local people by education.

LEILA SEIGEL, of International Council of Jewish Women, in joint statement with several NGOs*, said that to help governments make known the contents of United Nations treaties concerning the protection of women and children, as well as combating contemporary forms of slavery, the Sub-Commission should start to roll the ball to the General Assembly to direct the United Nations to prepare texts on these subjects in simple, everyday language, two pages at the most, in English, French and Spanish. These must be distributed both in countries of emigration and immigration. It was obvious that the people who wanted to leave, those who wanted to prevent this and those who welcomed the arrivals, did not know that the United Nations had set certain standards. A broad sheet in simple language such as that proposed could help clarify matters. Governments concerned could also profit from distributing such sheets. They might also want to have their own to describe national laws. Such information would certainly help NGOs and even United Nations agencies active in this field.

SHRI PRAKASH, of World Peace Council, said it was a well known fact that many minority groups, when they were dissatisfied with their governments, instead of mobilizing opinion at home, resorted to building platforms or organizations outside their countries to mobilize international support. Countries which had democratic systems were better able to deal with such dissatisfaction than those which did not. A success story was the case of India, which through politics of dialogue with its minorities had offered them a fair place in the political system through free and impartial elections. A contrast was to be found in the case of Pakistan where minorities were not involved in the running of the political system. The raw treatment being meted out to minorities was seen when one analyzed the fifth Human Development Report produced in Pakistan and published this year. Pakistan’s under development of its minority areas showed how authoritarian systems could not produce a balanced social and economic development, leading to internal strife and instability.

KALIDOU SY, of International Organization for the Elimination of All Forms of Racial Discrimination, said that the phenomenon of caste systems was rampant in Africa on different manners, depending on the characteristics of each country. One country where this was present was Senegal, where different ethnic groups cohabited. In all the ethnic components, a phenomenon of social stratification existed. People involved in specific vocations were considered in many countries as castes. In Senegal, there was even a distinction between the name of a caste and a noble, which provided prejudice to some individuals belonging to a caste system.



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* Joint statement on behalf of: International Council of Jewish Women; Socialist International Women; International Council of Women; World Federation of Methodist and Uniting Church Women; United Towns Agency for North-South Cooperation; Indian Movement "Tupaj Umaru"; International Alliance of Women; All India Women's Conference; International Federation of Social Workers; International League for the Rights and Liberation of peoples; and Zonta international.