SUB-COMMISSION DISCUSSES PROPERTY RESTITUTION FOR REFUGEES AND DISPLACED PERSONS

Sub-Commission on Promotion
and Protection of Human Rights
54th session
6 August 2002
Afternoon





Continues Debate on Economic, Social and Cultural Rights



The Sub-Commission on the Promotion and Protection of Human Rights heard presentation this afternoon of a working paper on restitution of the property of refugees and displaced persons, with the body's independent Experts contending, among other things, that the return of homes was critical to the safety and dignity of persons going back to their homelands and that responses had to be found to the deliberate destruction of housing as a way of routing occupants during "ethnic cleansing" campaigns.
Sub-Commission Expert Paulo Sergio Pinheiro, author of the paper, said in his introduction that dispossession of homes lay at the root of many situations of displacement and was one of the major obstacles to voluntary return. He added that restitution of property was an increasingly prominent component of efforts to protect human rights, restore the rule of law and prevent future conflict in countries currently undergoing post-conflict reconstruction.
Earlier in the meeting, Sub-Commission Experts offered further comments on a joint working paper introduced this morning on guiding principles and existing human rights norms relating to combatting situations of extreme poverty. Among their remarks were that poverty often resulted from insufficient protection and regulation so that small, local businesses were damaged or driven out of business, and that corruption could have a major effect on exacerbating poverty, as funds intended to aid the poor often were stolen and did not benefit the intended recipients.
Following discussion of these reports, the Sub-Commission carried on with its debate on economic, social and cultural rights, hearing from a series of non-governmental organizations (NGOs) contending, among other things, that such rights had to be considered from a gender perspective, that economic globalization often undercut workers' rights, and that matters affecting migrant workers needed greater attention.
Sub-Commission Expert Christy Ezim Mbonu suggested a study on corruption and its impact on economic, social and cultural rights, while Expert Fisseha Yimer recommended a report on human rights, trade and investment.
Delivering statements were representatives of the NGOs Pax Romana; the Indian Movement "Tupaj Amaru"; ATD Fourth World; the International Federation of University Women (on behalf of 12 other NGOs); North-South XXI (on behalf of two other NGOs); the World Organization against Torture; the International Confederation of Free Trade Unions; Human Rights Advocates International; the International Organization for the Elimination of All Forms of Racial Discrimination; the International Commission of Jurists; the Himalayan Research and Cultural Foundation; the World Federation of Trade Unions; and the International Association of Democratic Lawyers.
Also speaking over the course of the afternoon were a representative of Egypt and Sub-Commission Experts or Alternates Emmanuel Decaux, Asbjorn Eide, Soli Jehangir Sorabjee, Jose Bengoa, El Hadji Guisse, and Soo Gil Park.
The Sub-Commission will reconvene at 10 a.m. on Wednesday, 7 August, to continue its review of economic, social and cultural rights.

Statements on the Joint Paper on Human Rights and Extreme Poverty
EMMANUAL DECAUX, Sub-Commission Expert, in response to the presentation by Mr. Bengoa of the working paper, said that on the conceptual component, clarifications were needed. Poverty was referred to in qualitative terms, however, the objective must not be to only reduce poverty. It was necessary to address priorities that had not been given due attention, such as political and cultural rights. There must be no distinction between the individual and the global human rights approach to the eradication of poverty. Globalization could not lead to a social apartheid. The question of extreme poverty was relevant to all countries. In fact, the input of all regional groups was needed. Concerning the methodology, he stressed that Mr. Bengoa seemed to have put the emphasis on the State. However, poverty was part of a global problem. The report needed to expand the role of non-State actors.
JOSEPH RAJKUMAR , of Pax Romana, said it was necessary to go beyond legalistic approaches and to look at the poor themselves. The poor continued to struggle and tried to fend for themselves. That was not being recognized. The aim of the study seemed to be to come up with a more precise definition. But it was necessary to go beyond the definitional level. The victims actually had to be helped. The poor had to be helped as such. Where would the poor sleep in the twenty-first century? If the matter was addressed that way, the study might end up being more useful.
ASBJORN EIDE, Sub-Commission Expert, said the study was important and he only had two suggestions. First, certainly the paper would benefit from input from the European region. Secondly, when discussing human rights violations by the State, there had been a serious omission. Often the population's' impoverishment increased as a result of the lack of regulations. Sometimes Governments made economic decisions which impoverished the population due to the lack of regulations.
SOLI JEHANGIR SORABJEE, Sub-Commission Expert, said one important aspect that had been missed in connection with causes of poverty was corruption -- funds that were meant for battling poverty or building schools and roads were siphoned away and ended up in bank accounts in Switzerland. Discriminatory policies in poverty aid also could be a problem, based on such things as religion or caste; it was not done officially, but subtly, with the result that certain marginalized groups did not get the help they were entitled to. He also disagreed with the expression "modern poverty". It was just poverty. There was nothing modern about it.
LAZARO PARY, of the Indian Movement - Tupaj Amaru, congratulated Mr. Bengoa for an excellent document. However, there was no analysis of foreign debt even though it was a very subtle mechanism to transfer natural resources from poor countries to rich countries. The document also did not refer to corruption. There was corruption at every level of society as a result of globalization. After the collapse of the Soviet Union, a group of seven or eight people had taken all the wealth of the entire region. The same could be said about the situation in Argentine. Corruption needed to be mentioned at the local, regional and international levels.
XAVIER VERZAT, of ATD Fourth World, said it was understandable that a definition of poverty should be a concern; but poverty concerned all aspects of life. It was a great illustration of the interdependence of human rights. The most important thing was to listen to the poor; to ask them what they needed. If anything a definition of poverty should not be made more specific but should be broadened.
CONCHITA PONCINI, of the International Federation of University Women, said that the paper did not have a gender-perspective. This was a shame since the feminization of poverty was a crucial problem, particularly in developing countries, and it needed to be incorporated in the working paper.
JOSE BENGOA, Sub-Commission Expert, responding to comments on the joint working paper, said he had taken note of the criticisms and suggestions made. He fully agreed that the investigation of the ad hoc Group should be extended to developed countries and to the countries of eastern Europe. He agreed with the idea that practical measures were needed to help the poor, but it was not easy to make practical progress. He did not feel that "modern poverty" was different. He just meant that the group should analyse contemporary forms of poverty, especially the matter of how there could be so much poverty at a time when such great wealth was being created. As for corruption, he fully agreed that this was a major factor that had to be further explored. And of course, if a gender perspective had been left out of the group's work to date, he took full responsibility and pledged that gender matters would not be ignored as work continued.

Statements on the Working Paper on the Return of Refugees' or Displaced Persons' Property
Under the agenda item on economic, social and cultural rights, the Sub-Commission has before it a working paper (E/CN.4/Sub.2/2002/17) by Sub-Committee Expert Paulo Sergio Pinheiro on the return of refugees' or displaced persons' property which concludes, among other things, that housing restitution is an essential element of the right to return to one's home of refugees and displaced persons, and is a necessary component of any lasting solution involving the voluntary, safe, dignified and durable repatriation of refugees and displaced persons; that adequate safeguards are needed; that there should be effective, expeditious legal, administrative and other procedures to ensure the free and fair exercise of the right to return to one's home; that housing and property restitution are among the key dilemmas facing policy- and law-makers in countries of return; and that principled, pre-emptive strategies on housing restitution help to maximize the success of repatriation programmes. Mr. Pinheiro recommends that the Sub-Commission request authorization to carry out a comprehensive study of the issue.
PAULO SERGIO PINHEIRO, Sub-Commission Expert, introduced his paper on the return of refugees' or displaced persons' property, and said that this topic was of great importance, as it was increasingly recognized that for many refugees and other displaced persons, the dispossession of their homes lay at the root of their situations of displacement. One of the prime concerns for those returning or attempting to return to their countries of origin was the resolution of property and housing issues before and subsequent to return. Ensuring the restitution of housing and property temporarily lost due to displacement had become an increasingly prominent component of efforts to protect human rights, restore the rule of law and prevent future conflict in countries currently undergoing post-conflict reconstruction.
The working paper noted that the conditions under which people came to lose their homes differed among cases, but often involved displacement, protracted civil conflict, ethnic cleansing, uncompensated expropriation, or discriminatory confiscation. Ensuring housing and property restitution was essential to recognizing the right to return in safety and in dignity in practice. A central point of the paper was that the right to return was understood to encompass not merely returning to one's country, but to one's home as well. Housing and property restitution, however, was all too often not a reality for millions of persons throughout the world who wished to return to their homes in safety and dignity. This unfortunate reality illustrated that much more was needed with respect to implementing those standards that had been designed to facilitate the right to return to one's home.
One of the key impediments to housing restitution was the absence of effective and accessible judicial remedies. A second impediment was that of secondary occupation. It must be noted that secondary occupiers themselves might have had little or no choice in relocating. It was unclear just what the response must be. Finally, other issues, such as abandonment laws and failing to rectify discriminatory, arbitrary or otherwise unjust application of law in countries of return, also represented impediments to housing restitution. The paper recommended that a comprehensive study on housing and property restitution in the context of the return of refugees and other displaced persons be undertaken. Such a paper would prove to be a valuable contribution towards a better understanding of this very important subject - a subject that continued to affect the lives of millions in the world.
EL HADJI GUISSE, Sub-Commission Expert, said the issue of property restitution was important; the number of refugees was increasing each year. In the past there had been the possibility for them to return, and a chief impediment had been property recovery; now more and more people were facing this difficulty. A number of related issues arose with human rights implications. One question was whether property had to be rehabilitated as well as restituted? Another matter was how reparations could be ensured. And responsibility was an issue -- was it the State, the citizens of the State, or the international community that should take responsibility for returning property?
SOLI JEHANGIR SORABJEE, Sub-Commission Expert, said the crux of the problem was that the right to return home must not become an illusory right. The key was that the return must be in dignity and safety. When people returned, the occupants were met with resentment, because the second occupiers were not eager to depart. Adequate measures must be taken to protect current occupants. However, there must be a distinction between current occupants who were criminals and those who were homeless and had no choice. Illegal occupants did not deserve legal protection.
ASBJORN EIDE, Sub-Commission Expert, said another complicating factor was when houses were deliberately destroyed as a part of ethnic cleansing practices -- this had been seen in the former Yugoslavia and was now taking place in Palestine. It would be worth looking into the matter further.
M. MOHAMED LOUFTY (Egypt) said in connection with the previous comments by Mr. Guisse and Mr. Eide, that he was particularly interested in the right to return of Palestinian people. How could the compensation take place, particularly with regard to the purposefully destroyed houses, he asked.
PAULO SERGIO PINHEIRO, Sub-Commission Expert, responding to comments on his working paper, said the suggestion of placing the matter within the global debate on reparations for human rights abuses was an important and useful idea. The responsibility for restitution, in his opinion, lay clearly with the State, although he thought the international community should take a position on the matter. It was necessary to take account of the dignity and security of people in the course of allowing their return to their homelands. If those who had subsequently occupied houses had done so illegally or criminally, he did not think they should receive aid or compensation if routed by the original occupants. Deliberate destruction of houses was a matter that had to be considered, too -- one could not return to the ruins of a former house.

Statements on Economic, Social and Cultural Rights
CONCHITA PONCINI, of the International Federation of University Women, speaking on behalf of the International Federation of Business and Professional Women; Zonta International; the International Council of Jewish Women; the Inter-African Committee on Traditional Practices Affecting the Health of Women and Children; the All India Women's Conference; the World Federation of Methodist and Uniting Church Women; the International Baccalaureate Organization; the World Union of Catholic Women's Organizations; the United Towns Agency for North-South Cooperation; and the International Council of Women, expressed satisfaction concerning the adoption in the revised agenda of the integration of a gender perspective in all the agenda items. Working with the interlinkage of gender mainstreaming and women's human rights was in fact the goal of the coalition of non-governmental organizations.
There was a tendency to identify gender with women and human rights with men; when speaking about gender - women immediately became identified as victims. In fact, women were both actors and contributors to development as well as victims of violations of human rights. As a result, there was an emerging dichotomy of victim-and-actor stereotyping. This was occurring in spite of the fact that basic human rights instruments and international conventions, conclusions and resolutions had been adopted which addressed women's rights as human rights.
Because much work of international human rights mechanisms worked on the premise that women and men had equal rights, there was a tendency for interventions to become "gender blind", which meant that they were couched in abstract or generic terms, in a manner that was implicitly male-biased. It was also pointed out that gender discrimination could be either direct or indirect. Regarding Mr. Bengoa's suggestion on a need for legal analysis and a code of conduct concerning autonomy, this must mainstream a gender perspective because in the large majority of the population, women and men did not have an equal voice and equal authority in both public and private domains.
There was an imperative need to articulate unequivocally and unambiguously women's experiences of inequality which, if not expressed, would result in women remaining invisible and their human rights illusory. Concerning spatial rights of women, it was advised that the using of substantive equality differentials to understand women's structural and systemic disadvantages be addressed. Concerning Constitutional recognition of the principle of equality and non-discrimination, the coalition of non-governmental organizations said that while the contents had to be tailored to suit the country situation and culture for purposes of implementation, it was fundamental that they were in line with international human rights norms such as the Beijing Platform for Action, the Convention of the Elimination of All Form of Discrimination against Women and the Millennium Summit Declaration. It was proposed that the Sub-Commission undertook studies on this process.
LAZARO PARY, of North-South XXI, speaking on behalf of the Indian Movement-Tupaj Amaru and the Young Doctors Without Frontiers Tunisia, said developing countries earnestly yearned for a legal instrument able to control the activities of multi-national corporations; that was not new; what was new was the enormous and growing power of multi-nationals; these firms were the major actors in economic globalization and there was no effective control over them. When efforts had been made, they had not succeeded. Transnational corporations had been the centre of debate for three decades. There was no consensus, exactly, of what such businesses were; national laws and jurisdictions were not enough to encompass transnationals, let alone regulate them. The strategy of these firms was to do away with all obstacles to economic expansion, the movement of goods, and the establishment of monopolies.
Transnationals, of late, had been identified in some aspects of international law. A mandatory code of conduct for transnationals should be devised; just a list of voluntary principles was not sufficient. Nothing escaped the voracity of transnationals, and their effects on developing economies could be and had been volatile and even catastrophic. Because of their power these corporations could behave in anarchic ways and rob countries and peoples of their natural resources.
CHRISTY EZIM MBONU, Sub-Commission Expert, said the enjoyment of economic, social and cultural rights was seriously undermined by corruption. Corruption could be reflected and defined in several ways. The particular nature of corruption she wanted to focus upon was that of those who had taken advantage of their national position of power to enrich themselves. Many dictators across the world had been involved in such corruption. This type of corruption undermined the enjoyment of economic, social and cultural rights of citizens. Unfortunately, corruption existed in all countries. In several countries corruption had become a way of life and had disastrous effects on the most vulnerable groups. In practice many societies had failed to put in place adequate measures to fight corruption. It was not only a moral question, but it undermined all rights of a country's citizens, such as access to basic social services and salaries. Corruption could take many forms, through money laundering, prostitution and drug peddling. The Africa Union was drafting a declaration highlighting the concern about corruption.
Ms. Mbonu said that a timely study on corruption and its impact on economic, social and cultural rights would be beneficial to the work of the Sub-Commission. It must elaborate on the different kinds of corruption, vulnerable groups and sanctions for corruption. In this connection, she would introduce a draft resolution suggesting such a study.
NATHALIE MIVELAZ, of the World Organization Against Torture, said despite increased attention devoted to trade-related issues by international human rights mechanisms, two parallel regimes continued to develop separately, with a risk of marginalising human rights principles, instruments and mechanisms. It was necessary to highlight the distinction in the application of the non-discrimination principle by human rights law and trade law. This distinction underlined the risk that the non-discrimination principle, as understood in trade law, might well prevent States from putting affirmative action in place, to ensure that the poor, the marginalised and the vulnerable access basic services such as education, safe drinking water and health, on an equal basis. Further action was needed in order to guarantee that a human rights approach to the liberalisation of trade services was indeed followed, without being considered or used as conditionality or disguised protectionism. Clarification was needed with regard to the meaning and impact of the non-discrimination principle in trade law and human rights law. It was stressed that of particular relevance to the liberalisation of trade in services was the increased flow of foreign direct investment.
The Organization recommended that the Sub-Commission, among other things, ensure the recommendations in the High Commissioner for Human Rights' report on liberalisation of trade in services and human rights; recommend the wide dissemination of the report; and recommend that the World Trade Organization adopts a human rights approach to the liberalisation of trade in services and includes considerations of human rights when conducting GATS assessment and engaging in services related capacity building and technical assistance activities.
MARIE-THERESE BELLAMY, of the International Confederation of Free Trade Unions, said the report on liberalization of trade and services and human rights was valuable; it sought to ensure that private entities such as transnational corporations should not deprive individuals of their economic, social and cultural rights. Economic globalization was having profound effects on workers and their rights; in many countries there was a trend towards undermining the basic rights of workers. In some cases, transnationals exploited women; they were poorly paid, had bad working conditions, and were blocked in various ways from organizing. Layoffs could come suddenly and unjustly, the Confederation.
It was stressed that actions of States were essential as well as those of international organizations. The World Trade Organization also needed to be involved, particularly in the liberalisation of trade policies that could affect common services such as health. Activities in the social sector must not be subjected to privatization, the Confederation stressed. In some countries, the Government had sold off part of the social sector to private companies. Some of these companies had delayed salary payments, creating a difficult situation for workers. The Confederation had created guidelines on issues such as this; they showed how States and transnational corporations could act in order to protect their workers. Codes of conduct were important in most transnational corporations and it was important that agreements entered into by transnational corporations were adhered to.
El HADJI GUISSE, Sub-Commission Expert, said that the subject of corruption was extremely important. In light of what Ms. Mbonu had said, he stressed that corruption was a matter between two people. One person was corrupting the other, and both were responsible for the crime. He who corrupted gave money to an official to ensure an alternate course of the Government or the law. Money was not the only actor, Mr. Guisse said. There were also other forms of corruption such as bribing officials with promises of promotions or fraudulent actions. In the public service, officials were sometimes promised promotions that they were not due. This was something that highlighted that there were several types of corruption. Ms. Mbonu was encouraged to carry out her study on corruption and its impact on economic, social and cultural rights.
FISSEHA YIMER, Sub-Commission Expert, said corruption was a burning issue which had a serious impact on human rights and on development. He agreed that a full study on the matter was warranted. The report of the High Commissioner on the effects of liberalization of trade in services in human rights was also a valuable document. He had found the paper interesting; under the international economic order, developing countries were under great pressure to liberalize services; but there were adverse impacts on human rights of unfettered liberalization. The conclusions and recommendations were interesting, including the contention that liberalization offered opportunities, but that where it led to unregulated activities it could cut access for the poor to vital services. In other words, careful, humanitarian regulation was important; Governments should not rely solely on private, profit-based initiatives to provide basic services; such services should be provided on an equal-opportunity basis even if it resulted in an economic loss, since major human rights issues were involved. He endorsed the High Commissioner's suggestion that the Sub-Commission should consider a report on human rights, trade, and investment.
KATHY ROBERTS, of Human Rights Advocates, said that Human Rights Advocates supported the adoption of the Human Rights Norms and Responsibilities for Transnational Corporations and Other Business Enterprises and drew the attention to three major concerns regarding the scope and implementation of the Norms. The Norms omitted explicit protections for migrant workers and omitted an explicit requirement that transnational corporations disclose the locations of their subcontractors and suppliers. Furthermore, the Sub-Commission was urged to focus future efforts on developing local, community-based, reporting procedures and a United Nations oversight mechanism.
Migrant workers were among those workers that were the most vulnerable and difficult to protect. At the same time, they were represented in the global workforce in increasing numbers. However, migrant workers were often unprotected by national labour laws leaving them vulnerable to abuse. For these reasons, they must be protected explicitly by these Norms which were aimed at regulating human rights in the global economy. Disclosure of subcontractors and suppliers would be essential for future effective enforcement. This was especially true for the garment and footwear industries, where experience had shown that transnational corporations had the power to affect significant improvements within their supply chain when human rights violations received public attention. In this regard, Human Rights Advocates referred to the recent and celebrated success in defending trade union rights at the Kukdong factory, a Nike substracter in Mexico.
SOO GIL PARK, Sub-Commission Expert, said trade in services had major implications for human rights; efforts for liberalization could gain support and efficiency when combined with measures to ensure respect for human rights. Consideration for human rights had to be introduced into the relevant negotiations of the World Trade Organization (WTO); it was encouraging that WTO member countries had identified human rights as a major objective of liberalization of trade in services. Trade liberalization worked as a powerful engine for economic growth, and so could help people if human rights matters were taken into account. The relative size of services in overall trade was expected to grow in the future, and many service sectors worked as infrastructure for developing economies. An efficient service industry thus was crucial for the economic advancement of developing countries. It was equally important for developed countries to improve access to their markets in areas of interest for developing countries. Expansion of trade, not economic aid, was most effective in spurring economic growth in developing countries. The service negotiations clearly recognized the authority of Governments; some sectors of services were exempt from the negotiations, hence giving some flexibility to Governments in deciding how to tailor their responses. The WTO's activities on trade in services should not hinder countries from taking steps to promote and protect human rights.
Governments should ensure universal supply of some basic services, such as education and health care; trade in services should not hinder the provision of such services to all. Most Governments recognized their key obligation to provide good basic publicly funded education. There also were major questions about trade in intellectual property (TRIPS) as it related to serious public-health needs; that was a huge concern in Africa, where HIV/AIDS was rampant and there was a need for cheap, effective medications to combat the disease, while there were high prices of some of the best medications. There should be continued discussions between human rights experts and trade experts so that coordinated positions could be prepared by those countries participating on trade in services negotiations now under way at WTO.
H. SHARFELDDIN, of the International Organization for the Elimination of All Forms of Racial Discrimination, said that research confirmed that humanity was wasting a third of its efforts on the manufacturing, trading and reserving of arms in a relentless and endless race for weapons. This was a fact which had led two thirds of the world's population to live in poverty and thousands of its children to face starvation daily. Little by little, racism was being replaced and re-manifested through a new scale designed to discriminate between nations and peoples on the basis of rich vs. poor nations, developed vs. developing nations, and in a more general sense, between nations which produced and exported weapons, and nations which were often led into a hysteria of acquiring and depleting these weapons. There had been continuous serious efforts during recent decades to limit arms races and it would have been a positive phenomena to be encouraged had the world media and press been guided by intellectuals, scientists and human rights organizations. However, today's media and press were unfortunately directed and influenced by arms traders and brokers and the magnates of their circles throughout Europe and America.
Just as the world community succeeded at banning the use of poison gas at the beginning of this century, it must be able to succeed in banning today's illegitimate offensive arms. Every effort must be exercised in this endeavour.
EDWIN BERRY, of the International Commission of Jurists, said the Commission welcomed efforts dedicated towards the realization of economic, social and cultural rights through the International Covenant on Economic, Social and Cultural Rights and its proposed Optional Protocol. The Commission considered the Optional Protocol an indispensable tool in further specifying the legal content and scope of Covenant-enshrined rights to assist with their implementation. On 11 April 2002, the Commission, in cooperation with Germany and Chile, had convened a parallel meeting to the Commission on Human Rights. The meeting utilized the right to health as an illustrative example to investigate the use of indicators, benchmarks and scope in assisting States with the implementation of economic, social and cultural rights. In September 2002, the Commission would convene a modest experts' meeting which would identify existing resources with regard to the issues surrounding the Optional Protocol.
In view of the growing support for the adoption of an Optional Protocol to the International Covenant, the Commission requested that the Sub-Commission send a message to the fifty-ninth session of the Commission on Human Rights to the effect that the Working Group should proceed with the actual drafting of the Optional Protocol. This would represent genuine progress towards the instrument's adoption and to this end, the International Commission of Jurists emphasised its willingness to remain involved in the process.
KHALID JAHANGER of the Himalayan Research and Cultural Foundation, said it was discouraging that the number of States ratifying or acceding to the International Covenant on Economic, Social and Cultural Rights had remained stuck at 143. Due importance should be given to social and cultural as well as economic rights -- currently they received less attention, but people did not live by bread alone. They cherished their cultural values and their societies. The dangers posed by ideologies of homogeneity, such as those of religious fundamentalism, needed to be addressed urgently.
There also was an urgent need to take up the challenge posed to economic, social and cultural rights by non-State actors. Since 11 September, the effects of terrorists upon such rights had been only too clear. The death and destruction caused by terrorist networks originating in Afghanistan and supported by Pakistan had now been felt across the globe. In the Indian state of Jammu and Kashmir, they had been felt for decades, and terrorism there had devastated lives and the Kashmiri economy. The international community should take note of the important linkage between terrorism and the realization of economic, social and cultural rights.
RAMON CARDONA, of the World Federation of Trade Unions, said that before the next summit on sustainable development, there was a drafted document foreseeing the destruction of the world. Hunger was a silent genocide. Hunger was a daily massacre - a part of the unfair world of today. Political and social progress made by human beings was far below what had been achieved on a scientific level, leading to the exclusion of more and more people. Trade unions were suffering from intimidation and harassment and were no longer able to defend workers' rights. Economic globalization was unavoidable, but it could not only be a negative globalization. There must also be a positive globalization in health, education and opportunities.
It was necessary to protect the real basis of development - people. Social development, the rights of women, and the protection of environment had to be fought for. Economic policies which led to social development must be imposed, the Federation said. World relationships must be based on equality and the victims of the new order must be compensated for all they had suffered. One must insist that rich countries increase their official development assistance. Had rich countries complied with the 0.7 per cent of the GDP to official development assistance, all countries would already have been able to provide basic social services for all their people. The Federation said there was an annex to their statement on the working methods of transnational corporations.
OSAMU NIKURA of the International Association of Democratic Lawyers, said the globalization of law enforcement, while in many ways a good thing, needed careful consideration for possible human rights abuses. The Financial Action Task Force (FATF) on money-laundering, for example, proposed "gatekeeper control", which aimed at checking financial transactions or money laundering by putting a responsibility upon legal or other professions to inform authorities of any suspicious transactions by their customers. But this would deprive legal professionals of their professional secrecy, and accordingly would deny people of their right to counsel. The FACT strategy also lacked as a whole the needed aspect of equal enjoyment of all human rights for all people.
The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, meanwhile, should have a clause calling for effective measures for "human rights impact assessment" to be included in national legislation. The National Commission of Human Rights of the Republic of Korea had such a power to review the human rights impact of acts by State organs; Japan, by contrast, had a much weaker proposed human rights board, and criminal investigations in Japan were carried out in a way that often contravened internationally recognized standards of protection for accused persons.





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