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SUB-COMMISSION CONCLUDES DEBATE ON PREVENTION OF DISCRIMINATION
18 August 2006
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Sub-Commission on the Promotion
and Protection of Human Rights
18 August 2006
Observes a Minute of Silence in Memory of the Third Anniversary
of the Bombing of the UN Headquarters in Baghdad
The Sub-Commission on the Promotion and Protection of Human Rights this afternoon concluded its debate on the prevention of discrimination focusing on racism, racial discrimination and xenophobia, prevention of discrimination and protection of indigenous peoples, and prevention of discrimination and protection of minorities.
As part of the consideration on its agenda item on the prevention of discrimination, the Experts of the Sub-Commission discussed reports on the discrimination against leprosy affected persons and their families and discrimination based on work and descent presented by a member of the Sub-Commission.
Also this afternoon, the Sub-Commission observed a minute of silence in memory of the third anniversary of the bombing of the United Nations Headquarters in Baghdad, in which the late High Commissioner for Human Rights, Sergio Viera de Mello and other United Nations staff members lost their lives as a result of the terrible tragedy.
Yozo Yokota, Sub-Commission Expert, introducing his preliminary report on discrimination against persons affected by leprosy, said millions of people were suffering from leprosy. Many countries did not put in place adequate legislative provisions to protect those persons from discrimination. He said that several millions of people were sill living with leprosy without access to medication, which could cure the disease.
During the discussion on leprosy, several experts were of the view that leprosy was a disease that could be cured if the appropriate medication was provided by the respective government where the persons affected by leprosy were living. Some experts said that because leprosy was considered as a bad omen in some societies the victims were discriminated against.
Mr. Yokota, also introducing the report on discrimination based on work and descent, said the Sub-Commission requested Sub-Commission Expert Chin Sung Chung and himself to continue the study on the issue. The report, he added, was based on questionnaires sent to governments and non-governmental organizations. In all societies, there were common characteristics of discrimination based on descent and that discrimination against work based on descent could be found among people in extreme poverty.
Also introducing the report was Sub-Commission Expert Chin-Sung Chung, who said there had been disappointing responses, but many States did not have groups discriminated against due to work and descent. However, States that did have such groups had also failed to respond. From the replies received, it was clear that discrimination based on work and descent was a serious problem in Africa and Asia and in Diaspora communities around the world, and affected all levels of existence.
Taking the floor this afternoon were Sub-Commission Experts Yozo Yokota, Christy Mbonu, Vladimir Kartashkin, Gudmundur Alfredsson, El-Hadji Guisse, Chin-Sung Chung and Antoanella-Iulia Motoc.
The representatives of Pakistan, on behalf of the Organization of Islamic Conference, and Bangladesh made statements.
Sri Lanka spoke in exercise of the right to reply.
Also speaking were representatives from International Federation of Human Rights Leagues; Interfaith International; Japan Fellowship of Reconciliation; Tchad Agir Pour l’environnement; Pax Romana; Foundation for Aboriginal and Islander Research Action; International Association of Democratic Lawyers; Commission to Study the Organization of Peace; Association of World Citizens; and Indian Council for South America.
The next plenary meeting of the Sub-Commission will be held at 3 p.m. on Monday, 21 August, during which it will discuss its agenda item 3 entitled “administration of justice, rule of law and democracy”.
Introduction of the working paper on discrimination against leprosy affected persons and their families
YOZO YOKOTA, Sub-Commission Expert, introducing his preliminary report on discrimination against persons affected by leprosy (A/HRC/Sub.1/58/CRP.2), said millions of people were suffering from leprosy. Many countries did not enact adequate legislative provisions to protect those persons from discrimination. Last year, while introducing the report he suggested a change in terminology and to use “persons affected by leprosy”, because some people did not want to be referred to as leprosy victims. The issue of leprosy-affected persons should be treated separately from other categories of diseases such as HIV/AIDS. The number of persons affected by leprosy was estimated to be 100 million. Today, leprosy could be cured and medication could be made available.
The Commission on Human Rights had failed to approve additional financial support to the author of the report. However, in order to submit a complete work he had been able to carry out his own research and visited places where leprosy was heavily present, thanks to the support provided to him by some private foundations. His visits had taken him to India, Ethiopia and Brazil, where he had studied the situation of leprosy-affected persons. India and Angola, which had been considered as having a high number of persons affected with leprosy, had shown a decrease in the numbers affected by the disease. A global appeal to end discrimination against people suffering from leprosy had been made by many international leaders. A draft framework on the guidelines and principles on the elimination of discrimination against those people had also been suggested in the report. The United Nations should organize workshops in Asia and Africa to disseminate the idea contained in the principles and guidelines.
Working paper on discrimination against leprosy affected persons and their families
A working paper (A/HRC/Sub.1/58/CRP.7) entitled Discrimination against leprosy affected persons and their families focuses on the activities of the author, in particular his informal visits to India, Ethiopia and Brazil. It also contains a suggested framework of principles and guidelines for the elimination of discrimination against leprosy-affected persons and their families. The report recommends that the Sub-Commission request the Human Rights Council to include the topic of discrimination against leprosy-affected persons and their families among the studies to be conducted by the Sub-Commission, and further recommends that the Sub-Commission endorse the proposal to hold a general consultation meeting in Geneva and two regional workshops, one in Africa and one in Asia.
Introduction of the report on discrimination based on work and descent
YOZO YOKOTA, Sub-Commission Expert, introducing the report on discrimination based on work and descent (A/HRC/Sub.1/58/CRO.2), said the Sub-Commission requested Sub-Commission Expert Chin Sung Chung and himself to continue the study on the issue. Both of them decided to send questionnaires to governments and NGOs to provide cases of discrimination based on work and descent. This year’s report was therefore based on the analysis of the response of the governments and NGOs. While preparing the paper, both rapporteurs had suggested that in all societies, there were common characteristics of discrimination based on descent. Most commonly, discrimination based on work and descent could be found among people in extreme poverty.
On the basis of four preceding papers and the discussions that had taken place in the Working Group since 2001, a set of preliminary principles and guidelines had been formulated by Mr. Yokota and Ms. Chung. These would be further brushed up, improved, and elaborated, with the participation of NGOs, United Nations bodies and national human rights institutions, and the final improved version would be included in the final report, to be submitted at the next session of the Sub-Commission.
CHIN-SUNG CHUNG, Sub-Commission Expert, presenting the findings of the questionnaire sent out in the context of the report and the analysis thereof, said questionnaires had been sent to all member States of the United Nations, national human rights institutions, United Nations bodies and organizations, and to NGOs. There had been disappointing responses, but many States did not have groups discriminated against due to work and descent. However, States that did have such groups had also failed to respond. Only the ILO and the WTO had sent responses. The Committee and certain Special Rapporteurs had sent information. However, the responses provided by NGOs from affected communities were appreciated, and the report relied largely on these responses. The list was not complete, and more help was required of the Office of the High Commissioner for Human Rights.
From the replies received, it was clear that discrimination based on work and descent was a serious problem in Africa and Asia and in diaspora communities around the world, and affected all levels of existence. It was both internalised and institutionalised. The results were divided into three parts: discriminatory practices, including the practice of untouchability and segregation; party measures taken by the State, national human rights institutions and NGO activities to remedy discrimination; and areas deserving special considerations. Many NGOs had begun to work on this issue recently.
Report on discrimination based on work and descent
A progress report (A/HRC/Sub.1/58/CRP.2) on the topic of discrimination based on work and descent contains the analyses of the results of a questionnaire and a revised draft set of principles and guidelines. It recommends that the Sub-Commission request the Human Rights Council to include the topic of discrimination based on work and descent among the studies to be conducted by the Sub-Commission. It further recommends that the Sub-Commission endorse the proposal to hold a general consultation meeting in Geneva and two regional workshops, one in Asia and one in Africa in 2007.
Statements on the report on discrimination against leprosy affected persons and their families, the report based on work and descent, and on the report of the Working Group on minorities
CHRISTY EZIM MBONU, Sub-Commission Expert, with regard to the report on leprosy, said that there were thousands of victims of leprosy suffering from many forms of discrimination and stigmatisation. This was due to lack of knowledge, based on the myths, surrounding leprosy. There was a need to raise awareness and sensitisation around the disease and to make the link between the disease and extreme poverty. Education was the key here. These were a people who had been forgotten, and the Sub-Commission had to speak for them, as nobody else would. Mr. Yokota’s courage was commended in taking up the study.
The drugs to cure leprosy existed, but due to a lack of education as to their existence they remained largely unused; a situation which was not improved by their cost. With regard to the guidelines, there was a need to clarify to what extent the disease was transmittable, as this was unclear within the context of the report. Root causes should also be tackled, including sensitisation aimed at eradicating the myths surrounding the disease. It was also recommended that the suggested workshops should be held.
VLADIMIR KARTASHKIN, Sub-Commission Expert, said the author of the study on leprosy was one of the hardest working persons in the Sub-Commission, which had been reflected, in the present report. The Human Rights Council had not yet prepared a report of its own on the issue; and the present report of the Sub-Commission would be a valuable one. The Bureau of the Sub-Commission should come out with a single and concrete method for appointing rapporteurs to prepare reports. With regard to the work done by Mr. Yokota, it was of high standing and should be lauded. The author had approached the issue of leprosy from the point of view of discrimination, but he should also approach it from the angle of human rights as a whole. The various human rights protective provisions of the United Nations should protect the victims of leprosy. Leprosy-affected persons should be able to enjoy their fundamental freedoms and human rights like other people in the society where they lived.
GUDMUNDUR ALFREDSSON, Sub-Commission Expert, said he agreed with all the issues brought up, but suggested that the drafting needed more polishing and tighter formulation with regard to legal language. He was not convinced that there was a need for both principles and guidelines, as there was considerable repetition between the two. There was a possible need to formulate laws to fill in the gaps in national legislation with regard to leprosy. With regard to education and information related to the perceptions of leprosy societies, there was perhaps a need to shift some of the text to in the report to have it read better. The main issues addressed in the text were very much appreciated.
YOZO YOKOTA, Sub-Commission Expert, in concluding remarks to the presentation of the report, said much work was needed to eliminate discrimination against leprosy-affected people. The target of reaching one person in 10,000 was insufficient, and even if the target was reached there would still be more than half a million people affected worldwide. The goal was the total eradication of the disease. There should be a clearer scientific presentation of the disease itself. The disease was not hereditary, and 95 per cent of the people on earth had inborn resistance to the disease, and this explained the reason for contamination within families without the inborn resistance. It was a very difficult disease to transmit, but medical science had not shown why this was a “safe” disease compared to others.
The report contained only a framework for principles and guidelines, and there was therefore repetition, as principles were general, and guidelines were specific. There was a need for additional categories, including one on general principles for States. With regard to the text only referring to discrimination in terms of leprosy-affected people and not to other human rights violations, this would be remedied in the future. The support of the Experts for the work was greatly appreciated.
EL HADJI GUISSE, Sub-Commission Expert, said at this late hour any errors and incoherencies in expression should be forgiven, but with regard to the Working Group on indigenous populations, after reading the report by Mr. Yokota, he could only welcome the regularity and honesty of the reflection. No problems were hidden, they had been clearly formulated, and attempts made to answer them. The more reflection advanced in the Group, the more indigenous peoples were present in the Group. A few years ago, the Working Group had introduced the issue of indigenous peoples and globalisation. This phenomenon did not spare either indigenous peoples or minorities. At the time, the intention had been for the Sub-Commission to take decisions so that in the case of globalisation, the rights of indigenous peoples would be respected.
Many indigenous peoples were today the victims of expulsions and exploitation of their soil under their noses, without sharing in the profits. When the standards had been elaborated on the activities of transnational corporations, this had been done in order to provide States with a framework of collective responsibility with regards to indigenous peoples. It was very serious when States put themselves on the side of transnational corporations and permitted and enjoyed the benefits of the exploitation of indigenous resources. There was an urgent need to create legislation to protect these populations. These were questions that had been raised at various times, and the Sub-Commission should consider the situation of indigenous peoples from this perspective. The members of the Working Group should be supported in their efforts to create and promote norms and rules for the indigenous peoples, who were part of the human community.
GUDMUNDUR ALFREDSSON, Sub-Commission Expert, commenting on the report of Mr. Yokota on leprosy, said that some of the elements in the guidelines seemed not to be guidelines, but rather principles.
ANTOANELLA-IULIA MOTOC, Sub-Commission Expert, with concern to the actors that had been involved and who were supposed to implement the principles and guidelines, said that given the fact that, as stated in this report and previous ones, a lot of phenomena of discrimination based on descent were occurring in diaspora communities, it was necessary to explain how these diaspora communities would be dealt with, and how States in which these communities lived would be encouraged to intervene in order to reverse this discrimination.
YOZO YOKOTA, Sub-Commission Expert, in concluding remarks on the presentation of the report on discrimination based on work and descent, said he agreed that there was a lack of consistency with regard to the elements of the guidelines and principles. With regard to the issue of addressing diaspora communities, some policy makers had taken interest in this issue, and attention would continue to be paid to the issue.
Statements under Prevention of Discrimination
ALEXANDRA PONMEON O'NEILL, of the International Federation of Human Rights Leagues, said there was continuing concern for the dramatic situation of the Roma communities in the Russian Federation. Several reports issued in the past years showed blatant discrimination against the Roma, which added to the systemic violations of the their economic, social and cultural rights and racist acts of violence. In 2006, cases of racist and xenophobic violence had increased. Acts of harassment, extortion and brutality by the police continued, and in some regions it took on a systematic character. In Chile, the rights of the Mapuche people were still infringed upon. In Botswana, discrimination against indigenous peoples, illegal and prohibited immigrants, as well as refugees, had also continued.
DEIDRE MC CONNELL, of Interfaith International, said the prevention of discrimination was crucial at this time, as in today’s world various types of discrimination had paved the way towards conflict, and these conflicts often had as a goal a durable solution for the problems caused by discrimination and xenophobia. The situation of the Tamil Tigers in Sri Lanka was evidence of this. The tsunami natural disaster caused severe casualties to the Tamil people, and they had received discriminatory treatment from the national Government, with the aid sent by the international community distributed in an unequal manner. The current situation in Sri Lanka was alarming, and human rights violations had increased over the last six months.
KIRIKO TAKAHATA, of Japan Fellowship of Reconciliation, said that in Japan most of the people believed that discrimination, such as against the Buraku people, based on work and descent was a serious human rights violation. Discrimination based on work and descent was one of the biggest social issues in India, with the Dalits targeted by this type of discrimination. It was reported that three Dalit women were raped; three Dalit people were murdered and two Dalit girls were tortured every day. Moreover, Dalit girls were sold off by their parents to temples and forced into prostitution. It was said that more than half of the women who worked as prostitutes were Devadasis - prostitutes in the name of religion – from the time of their childhood.
ALI ABDOULAYE, of Tchad Agir pour l’Environnement, said in the countries of the South, 90 per cent of the population used firewood for energy needs, and this was one of the main causes of desertification. Another reality was the lack of employment perspectives for the young, who were attracted towards the North. This immigration bled the sub-Saharan countries and deprived them of their youth, impeding their development. The Sub-Commission should consider the problem of energy and the new dimension of migratory movements. States should encourage the investment and promotion of new and renewable forms of energy, as this was an investment in the future of humankind. The defence of the rights of migrants and that of workers rights were interlinked.
GAYOON BAEK, of Pax Romana, in a joint statement, said the progress report by the Special Rapporteurs on the topic of discrimination based on work and descent clearly established the magnitude and scale of the discrimination based on work and descent, as well as its overwhelming prevalence in a number of countries in the African and Asian regions, and in the diaspora communities around the world. The report, on the basis of the information received, had identified various types of discriminatory practices, thereby establishing the need for priority attention to be given to the elimination of such practices. This coincided with the foundation core mandate of the Sub-Commission and should be pursued vigorously under the “expert advice” role envisaged by the Human Rights Council.
LES MALEZER, of Foundation for Aboriginal and Islander Research Action, said after approximately two decades of work, at all levels of the United Nations, issues concerning indigenous peoples had permeated all levels of the human rights bodies as well as other United Nations organizations and international agencies. Future structures for human rights agencies should not pose a threat to the Sub-Commission, but should be institutions built on the strengths and advantages of the body. The report of the Working Group on Indigenous Populations and the recommendations contained therein were strongly supported. The report identified that further work was needed in standard-setting including protection of indigenous cultural heritage and the principle of free, prior, and informed consensus, and the work on these items should be continued as a priority. The Declaration on the Rights of Indigenous Peoples would be considered by the General Assembly later this year, and there was some disappointment with regards to the text.
PELPINA SAHUREKA, of the International Association of Democratic Lawyers, said that rape and sexual violence targeting indigenous women and girls had long been carried out by members of the military. Those were not sexual crimes, but a systematic and brutal policy that targeted indigenous women as a weapon of war, torture and subjugation against the whole community. It was both extremely worrying and ironic that some of those countries were among the top five contributors to United Nations Peacekeeping missions. The lucrative foreign revenue that it brought in helped to support and perpetuate the militarization of indigenous lands in Asia. It was observed that United Nations Peacekeepers were an important component in restoring normality after the turmoil and horrors of war. The crimes committed in the Democratic Republic of the Congo had not been fully investigated.
PETRA PAAVILAINEN, of Commission to Study the Organization of Peace, said nation States had the duty to support the well-being of minorities. International human rights organizations and multilateral fora could highlight the gaps between the theory of equal treatment and the reality on the ground, but it was the duty of States to encourage an environment where minorities could participate whilst perpetuating the traditions and behaviour that formed their uniqueness. It was a fact that laws and constitutions could not completely eradicate the tendency towards discrimination, due to the inherent human tendency to attribute characteristics on various grounds. The real problem arose in nation States where the Constitution was based on a form of discrimination.
MUSTAFIZUR RAHMAN (Bangladesh) said the report had listed some of the small communities found in his country, indicating that they were subjected to discrimination, which was contrary to the truth on the ground. The Government of Bangladesh was taking affirmative action to help disadvantaged communities in order to improve their livelihoods. In Bangladesh, there was no discrimination against any community; all persons in the country had the right to enjoy their culture and their rights as citizens. The Government had been encouraging cultural liberalism and multiculturalism. The educational programme of the country was based on multiculturalism and every community enjoyed the right to education, which was provided to all individuals. The Government had been committed to protecting the rights of all communities in the country without any form of discrimination.
GENEVIEVE JOURDAN of Association of World Citizens, said the work on leprosy should be extended to other diseases with which stigma was associated, such as HIV/AIDS. Leprosy was curable, and yet people continued to be locked up. There were other diseases which had had devastating repercussions, but there had been so much progress made on sanitation and nutrition, and the disease was dying out by itself, and therefore the study should be extended. With regard to racism, there was an expansion of extreme forms of racism throughout 2005, in particular in Europe. What was clear was that racist violence had become commonplace, and was openly visible in all areas related to migration; it was surprising that this issue had not been covered by the resolutions adopted by the new Human Rights Council in June. NGOs were concerned that each migrant person in the world, regardless of their status, should have access to their human rights.
JUANA CALFUNAO, of the Indian Council for South America, said the members of her community in Chile had been detained and it was no more impossible to live in Chile. She appealed to the Sub-Commission to intervene in on her behalf to urge the Chilean Government to release those detained individuals.
Right of Reply
AMEERAJWAD OMER LEBBE (Sri Lanka), speaking in the exercise of a right of reply, said that unfounded allegations had been made by Interfaith International this afternoon. The representative of the NGO should refer to the previous right of reply given in this connection under agenda item 2. The Government of Sri Lanka had spent billions in the north-east of the island, and had not launched any offensive, but only took defensive action as necessary to protect the territorial integrity of the country. The LTTE – Liberation Tigers of Tamil Eelam - was urged to cease all belligerent activities immediately, and return to the negotiating table.
and Protection of Human Rights
18 August 2006
Observes a Minute of Silence in Memory of the Third Anniversary
of the Bombing of the UN Headquarters in Baghdad
The Sub-Commission on the Promotion and Protection of Human Rights this afternoon concluded its debate on the prevention of discrimination focusing on racism, racial discrimination and xenophobia, prevention of discrimination and protection of indigenous peoples, and prevention of discrimination and protection of minorities.
As part of the consideration on its agenda item on the prevention of discrimination, the Experts of the Sub-Commission discussed reports on the discrimination against leprosy affected persons and their families and discrimination based on work and descent presented by a member of the Sub-Commission.
Also this afternoon, the Sub-Commission observed a minute of silence in memory of the third anniversary of the bombing of the United Nations Headquarters in Baghdad, in which the late High Commissioner for Human Rights, Sergio Viera de Mello and other United Nations staff members lost their lives as a result of the terrible tragedy.
Yozo Yokota, Sub-Commission Expert, introducing his preliminary report on discrimination against persons affected by leprosy, said millions of people were suffering from leprosy. Many countries did not put in place adequate legislative provisions to protect those persons from discrimination. He said that several millions of people were sill living with leprosy without access to medication, which could cure the disease.
During the discussion on leprosy, several experts were of the view that leprosy was a disease that could be cured if the appropriate medication was provided by the respective government where the persons affected by leprosy were living. Some experts said that because leprosy was considered as a bad omen in some societies the victims were discriminated against.
Mr. Yokota, also introducing the report on discrimination based on work and descent, said the Sub-Commission requested Sub-Commission Expert Chin Sung Chung and himself to continue the study on the issue. The report, he added, was based on questionnaires sent to governments and non-governmental organizations. In all societies, there were common characteristics of discrimination based on descent and that discrimination against work based on descent could be found among people in extreme poverty.
Also introducing the report was Sub-Commission Expert Chin-Sung Chung, who said there had been disappointing responses, but many States did not have groups discriminated against due to work and descent. However, States that did have such groups had also failed to respond. From the replies received, it was clear that discrimination based on work and descent was a serious problem in Africa and Asia and in Diaspora communities around the world, and affected all levels of existence.
Taking the floor this afternoon were Sub-Commission Experts Yozo Yokota, Christy Mbonu, Vladimir Kartashkin, Gudmundur Alfredsson, El-Hadji Guisse, Chin-Sung Chung and Antoanella-Iulia Motoc.
The representatives of Pakistan, on behalf of the Organization of Islamic Conference, and Bangladesh made statements.
Sri Lanka spoke in exercise of the right to reply.
Also speaking were representatives from International Federation of Human Rights Leagues; Interfaith International; Japan Fellowship of Reconciliation; Tchad Agir Pour l’environnement; Pax Romana; Foundation for Aboriginal and Islander Research Action; International Association of Democratic Lawyers; Commission to Study the Organization of Peace; Association of World Citizens; and Indian Council for South America.
The next plenary meeting of the Sub-Commission will be held at 3 p.m. on Monday, 21 August, during which it will discuss its agenda item 3 entitled “administration of justice, rule of law and democracy”.
Introduction of the working paper on discrimination against leprosy affected persons and their families
YOZO YOKOTA, Sub-Commission Expert, introducing his preliminary report on discrimination against persons affected by leprosy (A/HRC/Sub.1/58/CRP.2), said millions of people were suffering from leprosy. Many countries did not enact adequate legislative provisions to protect those persons from discrimination. Last year, while introducing the report he suggested a change in terminology and to use “persons affected by leprosy”, because some people did not want to be referred to as leprosy victims. The issue of leprosy-affected persons should be treated separately from other categories of diseases such as HIV/AIDS. The number of persons affected by leprosy was estimated to be 100 million. Today, leprosy could be cured and medication could be made available.
The Commission on Human Rights had failed to approve additional financial support to the author of the report. However, in order to submit a complete work he had been able to carry out his own research and visited places where leprosy was heavily present, thanks to the support provided to him by some private foundations. His visits had taken him to India, Ethiopia and Brazil, where he had studied the situation of leprosy-affected persons. India and Angola, which had been considered as having a high number of persons affected with leprosy, had shown a decrease in the numbers affected by the disease. A global appeal to end discrimination against people suffering from leprosy had been made by many international leaders. A draft framework on the guidelines and principles on the elimination of discrimination against those people had also been suggested in the report. The United Nations should organize workshops in Asia and Africa to disseminate the idea contained in the principles and guidelines.
Working paper on discrimination against leprosy affected persons and their families
A working paper (A/HRC/Sub.1/58/CRP.7) entitled Discrimination against leprosy affected persons and their families focuses on the activities of the author, in particular his informal visits to India, Ethiopia and Brazil. It also contains a suggested framework of principles and guidelines for the elimination of discrimination against leprosy-affected persons and their families. The report recommends that the Sub-Commission request the Human Rights Council to include the topic of discrimination against leprosy-affected persons and their families among the studies to be conducted by the Sub-Commission, and further recommends that the Sub-Commission endorse the proposal to hold a general consultation meeting in Geneva and two regional workshops, one in Africa and one in Asia.
Introduction of the report on discrimination based on work and descent
YOZO YOKOTA, Sub-Commission Expert, introducing the report on discrimination based on work and descent (A/HRC/Sub.1/58/CRO.2), said the Sub-Commission requested Sub-Commission Expert Chin Sung Chung and himself to continue the study on the issue. Both of them decided to send questionnaires to governments and NGOs to provide cases of discrimination based on work and descent. This year’s report was therefore based on the analysis of the response of the governments and NGOs. While preparing the paper, both rapporteurs had suggested that in all societies, there were common characteristics of discrimination based on descent. Most commonly, discrimination based on work and descent could be found among people in extreme poverty.
On the basis of four preceding papers and the discussions that had taken place in the Working Group since 2001, a set of preliminary principles and guidelines had been formulated by Mr. Yokota and Ms. Chung. These would be further brushed up, improved, and elaborated, with the participation of NGOs, United Nations bodies and national human rights institutions, and the final improved version would be included in the final report, to be submitted at the next session of the Sub-Commission.
CHIN-SUNG CHUNG, Sub-Commission Expert, presenting the findings of the questionnaire sent out in the context of the report and the analysis thereof, said questionnaires had been sent to all member States of the United Nations, national human rights institutions, United Nations bodies and organizations, and to NGOs. There had been disappointing responses, but many States did not have groups discriminated against due to work and descent. However, States that did have such groups had also failed to respond. Only the ILO and the WTO had sent responses. The Committee and certain Special Rapporteurs had sent information. However, the responses provided by NGOs from affected communities were appreciated, and the report relied largely on these responses. The list was not complete, and more help was required of the Office of the High Commissioner for Human Rights.
From the replies received, it was clear that discrimination based on work and descent was a serious problem in Africa and Asia and in diaspora communities around the world, and affected all levels of existence. It was both internalised and institutionalised. The results were divided into three parts: discriminatory practices, including the practice of untouchability and segregation; party measures taken by the State, national human rights institutions and NGO activities to remedy discrimination; and areas deserving special considerations. Many NGOs had begun to work on this issue recently.
Report on discrimination based on work and descent
A progress report (A/HRC/Sub.1/58/CRP.2) on the topic of discrimination based on work and descent contains the analyses of the results of a questionnaire and a revised draft set of principles and guidelines. It recommends that the Sub-Commission request the Human Rights Council to include the topic of discrimination based on work and descent among the studies to be conducted by the Sub-Commission. It further recommends that the Sub-Commission endorse the proposal to hold a general consultation meeting in Geneva and two regional workshops, one in Asia and one in Africa in 2007.
Statements on the report on discrimination against leprosy affected persons and their families, the report based on work and descent, and on the report of the Working Group on minorities
CHRISTY EZIM MBONU, Sub-Commission Expert, with regard to the report on leprosy, said that there were thousands of victims of leprosy suffering from many forms of discrimination and stigmatisation. This was due to lack of knowledge, based on the myths, surrounding leprosy. There was a need to raise awareness and sensitisation around the disease and to make the link between the disease and extreme poverty. Education was the key here. These were a people who had been forgotten, and the Sub-Commission had to speak for them, as nobody else would. Mr. Yokota’s courage was commended in taking up the study.
The drugs to cure leprosy existed, but due to a lack of education as to their existence they remained largely unused; a situation which was not improved by their cost. With regard to the guidelines, there was a need to clarify to what extent the disease was transmittable, as this was unclear within the context of the report. Root causes should also be tackled, including sensitisation aimed at eradicating the myths surrounding the disease. It was also recommended that the suggested workshops should be held.
VLADIMIR KARTASHKIN, Sub-Commission Expert, said the author of the study on leprosy was one of the hardest working persons in the Sub-Commission, which had been reflected, in the present report. The Human Rights Council had not yet prepared a report of its own on the issue; and the present report of the Sub-Commission would be a valuable one. The Bureau of the Sub-Commission should come out with a single and concrete method for appointing rapporteurs to prepare reports. With regard to the work done by Mr. Yokota, it was of high standing and should be lauded. The author had approached the issue of leprosy from the point of view of discrimination, but he should also approach it from the angle of human rights as a whole. The various human rights protective provisions of the United Nations should protect the victims of leprosy. Leprosy-affected persons should be able to enjoy their fundamental freedoms and human rights like other people in the society where they lived.
GUDMUNDUR ALFREDSSON, Sub-Commission Expert, said he agreed with all the issues brought up, but suggested that the drafting needed more polishing and tighter formulation with regard to legal language. He was not convinced that there was a need for both principles and guidelines, as there was considerable repetition between the two. There was a possible need to formulate laws to fill in the gaps in national legislation with regard to leprosy. With regard to education and information related to the perceptions of leprosy societies, there was perhaps a need to shift some of the text to in the report to have it read better. The main issues addressed in the text were very much appreciated.
YOZO YOKOTA, Sub-Commission Expert, in concluding remarks to the presentation of the report, said much work was needed to eliminate discrimination against leprosy-affected people. The target of reaching one person in 10,000 was insufficient, and even if the target was reached there would still be more than half a million people affected worldwide. The goal was the total eradication of the disease. There should be a clearer scientific presentation of the disease itself. The disease was not hereditary, and 95 per cent of the people on earth had inborn resistance to the disease, and this explained the reason for contamination within families without the inborn resistance. It was a very difficult disease to transmit, but medical science had not shown why this was a “safe” disease compared to others.
The report contained only a framework for principles and guidelines, and there was therefore repetition, as principles were general, and guidelines were specific. There was a need for additional categories, including one on general principles for States. With regard to the text only referring to discrimination in terms of leprosy-affected people and not to other human rights violations, this would be remedied in the future. The support of the Experts for the work was greatly appreciated.
EL HADJI GUISSE, Sub-Commission Expert, said at this late hour any errors and incoherencies in expression should be forgiven, but with regard to the Working Group on indigenous populations, after reading the report by Mr. Yokota, he could only welcome the regularity and honesty of the reflection. No problems were hidden, they had been clearly formulated, and attempts made to answer them. The more reflection advanced in the Group, the more indigenous peoples were present in the Group. A few years ago, the Working Group had introduced the issue of indigenous peoples and globalisation. This phenomenon did not spare either indigenous peoples or minorities. At the time, the intention had been for the Sub-Commission to take decisions so that in the case of globalisation, the rights of indigenous peoples would be respected.
Many indigenous peoples were today the victims of expulsions and exploitation of their soil under their noses, without sharing in the profits. When the standards had been elaborated on the activities of transnational corporations, this had been done in order to provide States with a framework of collective responsibility with regards to indigenous peoples. It was very serious when States put themselves on the side of transnational corporations and permitted and enjoyed the benefits of the exploitation of indigenous resources. There was an urgent need to create legislation to protect these populations. These were questions that had been raised at various times, and the Sub-Commission should consider the situation of indigenous peoples from this perspective. The members of the Working Group should be supported in their efforts to create and promote norms and rules for the indigenous peoples, who were part of the human community.
GUDMUNDUR ALFREDSSON, Sub-Commission Expert, commenting on the report of Mr. Yokota on leprosy, said that some of the elements in the guidelines seemed not to be guidelines, but rather principles.
ANTOANELLA-IULIA MOTOC, Sub-Commission Expert, with concern to the actors that had been involved and who were supposed to implement the principles and guidelines, said that given the fact that, as stated in this report and previous ones, a lot of phenomena of discrimination based on descent were occurring in diaspora communities, it was necessary to explain how these diaspora communities would be dealt with, and how States in which these communities lived would be encouraged to intervene in order to reverse this discrimination.
YOZO YOKOTA, Sub-Commission Expert, in concluding remarks on the presentation of the report on discrimination based on work and descent, said he agreed that there was a lack of consistency with regard to the elements of the guidelines and principles. With regard to the issue of addressing diaspora communities, some policy makers had taken interest in this issue, and attention would continue to be paid to the issue.
Statements under Prevention of Discrimination
ALEXANDRA PONMEON O'NEILL, of the International Federation of Human Rights Leagues, said there was continuing concern for the dramatic situation of the Roma communities in the Russian Federation. Several reports issued in the past years showed blatant discrimination against the Roma, which added to the systemic violations of the their economic, social and cultural rights and racist acts of violence. In 2006, cases of racist and xenophobic violence had increased. Acts of harassment, extortion and brutality by the police continued, and in some regions it took on a systematic character. In Chile, the rights of the Mapuche people were still infringed upon. In Botswana, discrimination against indigenous peoples, illegal and prohibited immigrants, as well as refugees, had also continued.
DEIDRE MC CONNELL, of Interfaith International, said the prevention of discrimination was crucial at this time, as in today’s world various types of discrimination had paved the way towards conflict, and these conflicts often had as a goal a durable solution for the problems caused by discrimination and xenophobia. The situation of the Tamil Tigers in Sri Lanka was evidence of this. The tsunami natural disaster caused severe casualties to the Tamil people, and they had received discriminatory treatment from the national Government, with the aid sent by the international community distributed in an unequal manner. The current situation in Sri Lanka was alarming, and human rights violations had increased over the last six months.
KIRIKO TAKAHATA, of Japan Fellowship of Reconciliation, said that in Japan most of the people believed that discrimination, such as against the Buraku people, based on work and descent was a serious human rights violation. Discrimination based on work and descent was one of the biggest social issues in India, with the Dalits targeted by this type of discrimination. It was reported that three Dalit women were raped; three Dalit people were murdered and two Dalit girls were tortured every day. Moreover, Dalit girls were sold off by their parents to temples and forced into prostitution. It was said that more than half of the women who worked as prostitutes were Devadasis - prostitutes in the name of religion – from the time of their childhood.
ALI ABDOULAYE, of Tchad Agir pour l’Environnement, said in the countries of the South, 90 per cent of the population used firewood for energy needs, and this was one of the main causes of desertification. Another reality was the lack of employment perspectives for the young, who were attracted towards the North. This immigration bled the sub-Saharan countries and deprived them of their youth, impeding their development. The Sub-Commission should consider the problem of energy and the new dimension of migratory movements. States should encourage the investment and promotion of new and renewable forms of energy, as this was an investment in the future of humankind. The defence of the rights of migrants and that of workers rights were interlinked.
GAYOON BAEK, of Pax Romana, in a joint statement, said the progress report by the Special Rapporteurs on the topic of discrimination based on work and descent clearly established the magnitude and scale of the discrimination based on work and descent, as well as its overwhelming prevalence in a number of countries in the African and Asian regions, and in the diaspora communities around the world. The report, on the basis of the information received, had identified various types of discriminatory practices, thereby establishing the need for priority attention to be given to the elimination of such practices. This coincided with the foundation core mandate of the Sub-Commission and should be pursued vigorously under the “expert advice” role envisaged by the Human Rights Council.
LES MALEZER, of Foundation for Aboriginal and Islander Research Action, said after approximately two decades of work, at all levels of the United Nations, issues concerning indigenous peoples had permeated all levels of the human rights bodies as well as other United Nations organizations and international agencies. Future structures for human rights agencies should not pose a threat to the Sub-Commission, but should be institutions built on the strengths and advantages of the body. The report of the Working Group on Indigenous Populations and the recommendations contained therein were strongly supported. The report identified that further work was needed in standard-setting including protection of indigenous cultural heritage and the principle of free, prior, and informed consensus, and the work on these items should be continued as a priority. The Declaration on the Rights of Indigenous Peoples would be considered by the General Assembly later this year, and there was some disappointment with regards to the text.
PELPINA SAHUREKA, of the International Association of Democratic Lawyers, said that rape and sexual violence targeting indigenous women and girls had long been carried out by members of the military. Those were not sexual crimes, but a systematic and brutal policy that targeted indigenous women as a weapon of war, torture and subjugation against the whole community. It was both extremely worrying and ironic that some of those countries were among the top five contributors to United Nations Peacekeeping missions. The lucrative foreign revenue that it brought in helped to support and perpetuate the militarization of indigenous lands in Asia. It was observed that United Nations Peacekeepers were an important component in restoring normality after the turmoil and horrors of war. The crimes committed in the Democratic Republic of the Congo had not been fully investigated.
PETRA PAAVILAINEN, of Commission to Study the Organization of Peace, said nation States had the duty to support the well-being of minorities. International human rights organizations and multilateral fora could highlight the gaps between the theory of equal treatment and the reality on the ground, but it was the duty of States to encourage an environment where minorities could participate whilst perpetuating the traditions and behaviour that formed their uniqueness. It was a fact that laws and constitutions could not completely eradicate the tendency towards discrimination, due to the inherent human tendency to attribute characteristics on various grounds. The real problem arose in nation States where the Constitution was based on a form of discrimination.
MUSTAFIZUR RAHMAN (Bangladesh) said the report had listed some of the small communities found in his country, indicating that they were subjected to discrimination, which was contrary to the truth on the ground. The Government of Bangladesh was taking affirmative action to help disadvantaged communities in order to improve their livelihoods. In Bangladesh, there was no discrimination against any community; all persons in the country had the right to enjoy their culture and their rights as citizens. The Government had been encouraging cultural liberalism and multiculturalism. The educational programme of the country was based on multiculturalism and every community enjoyed the right to education, which was provided to all individuals. The Government had been committed to protecting the rights of all communities in the country without any form of discrimination.
GENEVIEVE JOURDAN of Association of World Citizens, said the work on leprosy should be extended to other diseases with which stigma was associated, such as HIV/AIDS. Leprosy was curable, and yet people continued to be locked up. There were other diseases which had had devastating repercussions, but there had been so much progress made on sanitation and nutrition, and the disease was dying out by itself, and therefore the study should be extended. With regard to racism, there was an expansion of extreme forms of racism throughout 2005, in particular in Europe. What was clear was that racist violence had become commonplace, and was openly visible in all areas related to migration; it was surprising that this issue had not been covered by the resolutions adopted by the new Human Rights Council in June. NGOs were concerned that each migrant person in the world, regardless of their status, should have access to their human rights.
JUANA CALFUNAO, of the Indian Council for South America, said the members of her community in Chile had been detained and it was no more impossible to live in Chile. She appealed to the Sub-Commission to intervene in on her behalf to urge the Chilean Government to release those detained individuals.
Right of Reply
AMEERAJWAD OMER LEBBE (Sri Lanka), speaking in the exercise of a right of reply, said that unfounded allegations had been made by Interfaith International this afternoon. The representative of the NGO should refer to the previous right of reply given in this connection under agenda item 2. The Government of Sri Lanka had spent billions in the north-east of the island, and had not launched any offensive, but only took defensive action as necessary to protect the territorial integrity of the country. The LTTE – Liberation Tigers of Tamil Eelam - was urged to cease all belligerent activities immediately, and return to the negotiating table.
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