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SUB-COMMISSION EXPERT PRESENTS REPORT OF WORKING GROUP ON TRANSNATIONAL CORPORATIONS
04 August 2004
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4 August 2004
AFTERNOON
The Sub-Commission on the Promotion and Protection of Human Rights this afternoon heard an Expert present the report of the Working Group on the working methods and activities of transnational corporations as it continued its debate on issues related to economic, social and cultural rights.
El-Hadji Guisse, Sub-Commission Expert and Chairperson/Rapporteur of the Working Group on the working methods and activities of transnational corporations, said the Working Group was the only body in its field doing work on this topic, and calls for its abolition were incomprehensible, as the work of the Working Group had not concluded and it had not fulfilled its mandate. The imbalance in the world due to the activities of transnational companies continued, and the work of the Working Group was vital in redressing it, he said.
In closing the inter-active dialogue on the study on non-discrimination as enshrined in article 2 paragraph 2 of the International Covenant on Economic, Social and Cultural Rights, Sub-Committee Expert Emmanuel Decaux said there should be greater attention paid to vulnerable groups, including the handicapped, the disabled, the aged and others including aliens. He said it was the social status of the economic situation and cultural isolation that were often the true cause of discrimination, and it was the enjoyment of economic, social and cultural rights for all that was important.
The Sub-Commission heard from Sub-Commission Expert Gaspar Biro, as well as a series of non-governmental organizations who addressed grievances related to issues on economic, social and cultural rights. Contributing statements were Japanese Workers Committee for Human Rights; American Association of Jurists; Himalayan Research and Cultural Foundation; International Federation for the Protection of the Rights of Ethnic, Religious, Linguistic and Other Minorities; International Youth and Student Movement for the United Nations; Union des Jurists Arabes; International Federation of Social Workers; International league for the Rights and Liberation of Peoples; Association Tunisienne pour l’Auto-développement et la Solidarité; International Association of Democratic Lawyers; Indian Council of Education; International Indian Treaty Council; Indigenous World Association; Pax Romana; International Educational Development; Foundation for Aboriginal and Islander Action; International Islamic Federation of Students Organizations; and International Institute for Peace.
The representatives of Iraq, Brazil and Sudan also delivered statements, as did a speaker for the World Bank.
When the Sub-Commission reconvenes at 10 a.m. on Thursday, 5 August, it will conclude its debate on economic, social and cultural rights and will take up its agenda on specific human rights issues including women and human rights; contemporary forms of slavery; and new priorities, in particular terrorism.
Presentation of the Report of the Working Group on the Work and Activities of Transnational Corporations
EL-HADJI GUISSE (Sub-Commission Expert), Chairperson/Rapporteur of the Working Group, said the adoption of standards on responsibilities towards human rights of transnational and other companies only represented one of the aspects of the mandate of the Working Group on the methods of work and activities of transnational corporations. The Working Group had examined first the issue of existing standards and the elaboration of new standards, and then recommendations for future work. The discussion on the first item spread over a large number of subjects, including the regulation of the standards at the national and international levels, the role of treaty bodies and national human rights organizations as potential surveillance mechanisms for the standards, and issues relative to the identification of means of recourse and reparation for violations of human rights committed by transnational corporations. As for the second theme, some participants suggested a new approach to the identification of appropriate mechanisms for the overseeing of standards. Other Experts suggested that the Sub-Commission or the Working Group could develop a legislative model for the implementation of the standards at the national level.
The Working Group was the only body in its field doing work on this topic, and calls for its abolition were incomprehensible, as the work of the Working Group had not concluded, and it had not fulfilled its mandate. The drafting of standards had only been one part of its agenda, and this was why a draft resolution would be submitted to urge the continuance of the work of the Group so that it could examine further mechanisms for the implementation of standards. The imbalance in the world due to the activities of transnational companies continued, and the work of the Working Group was vital in redressing these.
Discussion on Report of Working Group on Transnational Corporations
EMMANUEL DECAUX (Sub-Commission Expert) said Mr. Guissé had done an excellent job and the paper he presented attested to his efforts. The Sub-Commission had always done a good job with regards to the issue of transnational corporations collectively. However, he had always found strange the way that the sessional Working Groups of the Sub-Commission functioned. He believed that the time allocated to the meetings of these sessional Working Groups should be used as public plenaries in which the same topics were considered. He had nothing against the Working Group on the work and activities of transnational corporations but it would be better to deal with the issue in a different way.
MITSUE TAKANASHI, of Japanese Workers Committee for Human Rights, said the development of globalization had increased the numbers of workers who had had their dignity as human beings taken away from them and who had committed suicide. The Sub-Commission should collect relevant information on the situation of workers in transnational corporations in order to examine ways to protect the human rights of workers.
ANA VERA VEGA, of American Association of Jurists, said that the problem of corruption had been found to be a universal concern in which transnational corporations were among the causes of the problem. Poor people were the victims of the privatization process in the developing countries, which involved transnational corporations. The World Bank had been fomenting privatization in those countries. Today, the struggle against extreme poverty seemed to cease while people around the world continued to be hungry. The unequal distribution of resources and the privatization of services, such as education, had been intensified, further affecting the poor. Thought should be given to the growing phenomenon of the negative effects of transnational corporations impacting negatively on human rights.
Statements on Issues Related to Economic, Social and Cultural Rights
K. WARIKOO, of Himalayan Research and Cultural Foundation, said economic, social and cultural rights figured prominently among all human rights, and fundamental freedoms. Economic and social programmes of the United Nations and other international agencies should help in preserving the social capital, and strengthening the composite social fabric by promoting multi-culturalism, democracy and social justice. The implications of economic globalization and the activities of transnational corporations and big international financial institutions in inhibiting the realization of the right development of the people in poor countries was noted. There was direct relationship between the enjoyment of economic, social and cultural rights and the type of governance, constitutional and administrative mechanisms, levels of corruption, health care and education, and others. It was evident that acts of organized violence by terrorists and mercenaries inspired by hostile states caused extensive damage to the society and economy as well as thwarting the process of restoring peace and amity; unless terrorism was curbed, sustainable economic and social development could not be achieved.
MARGOT SALOMON, of Minority Rights Group International, said consideration needed to be given to issues of multiple discrimination suffered by women as members of minority or indigenous communities. The Group’s new report entitled “Gender, Minority and Indigenous Peoples” sought to do just that – to provide the tools and insight to enable those working on minority and indigenous peoples’ rights to consider issues from a gender perspective, and to encourage those working on gender equality and women’s rights to include fully minority and indigenous peoples rights within their remit. Adherence to conventional approaches to development used in various sectors meant that new thinking on how minorities were affected had not evolved. Often minorities did not appear in any impact assessments, or any population data. To a great extent they were invisible. The Group was ready to make available to the Sub-Commission its knowledge and experience in order to create national environments and an international order in which all rights could be realized.
SIMOS ANGELIDES, of International Federation for the Protection of The Rights of Ethnic, Religious, Linguistic & Other Minorities, said economic, social and cultural rights were adequately safeguarded in the Government-controlled areas since the Covenant formed part of the law of Cyprus. This, however, was not the case in the areas which the Government of Cyprus did not control. The right to adequate housing could be considered to be sufficiently protected only when all occupying forces and illegal settlers were withdrawn, and the lawful inhabitants had the unrestricted right to return to their houses and properties and were able to exercise their right to freedom of movement and establishment in an unhindered and unimpeded manner. The deliberate practice of forcible mass population transfers in Cyprus was considered a war crime and a crime against humanity. This and other policies in conjunction with the fact that the victims were targeted on racial and ethnic grounds constituted a form of ethnic cleansing.
PRAMILA SRIVASTAVA, of International Institute for Non-Aligned Studies, said it had been estimated that in the world today there were more than a billion people who lacked clean and affordable water and 2.4 billion who lacked sanitation services. Over the last 200 years, most utilities had been publicly owned and managed. Due to the shortage of resources they had not been able to expand to cover the entire population. Inefficiency and corruption had also contributed to the situation. In many cases the quality of the water had not been up to the mark either. However, public owned utilities had still provided relatively clean water at affordable rates to the mass of the citizens.
ELIAS KHOURI, of Union of Arab Jurists, said the importance of enjoying economic, social and cultural rights and the right to development had always been emphasized within the Union, as well as their link to political and civil rights. The enjoyment of these rights together could not take place in an atmosphere of war and conflict. Their enjoyment should create an environment of stability and peace and resolution of world problems. Violations of human rights led to wars and conflicts, which led to more violations of human rights, and there should be a collective responsibility for the prevention of violations and the subsequent launching of wars. It was disheartening to see that two major powers would falsify information in order to cause conflict and the war against Iraq, thus violating all charters on human rights. The restoration of security in Iraq and the reconstruction of the country was an international responsibility which should not be shirked if the legitimacy of human rights was to be upheld. The Sub-Commission should adopt a daring resolution similar to the one adopted at the fifty-fourth session where all countries were called upon to refrain from using military means to bring other countries to accountability.
MARINA SIKORA, of Transnational Radical Party, said that in 2000, after seven years of work, the Economic and Social Council had established a Permanent Forum to discuss indigenous issues relating to economic and social development, culture, the environment, education, health and human rights. Overwhelmed by a variety of topics, the Forum had never addressed an issue that was crucial to many indigenous groups: that of the coca bush. Coca was a central, if not a vital element of the very life, tradition, culture, religion and economy of dozens of indigenous peoples that lived throughout the Andean region. The main reason for that lack of focus was due to the fact that coca was one of the plants that had been strictly regulated, and at times systematically prohibited. As a result of that prohibition, over the last decade, the international community had addressed coca-related issues promoting a series of projects of “supply reduction” as well as alternative development to eradicate the “evil” plant from the face of the earth. All those efforts had proved to be unsuccessful in eliminating coca or substituting it with other licit crops.
ELLEN MOURAVIEFF APOSTOL, of International Federation of Social Workers, said the fight against poverty and extreme poverty was now firmly anchored in human rights and in United Nations human rights instruments, and this heralded both hope and progress. For many, and especially for marginalized persons or groups, efforts had to be personalized, patient, and persistent. Exclusion and marginalization left deep wounds in psyches, and a long time could elapse until they found a minimum of self-confidence to enable them to benefit from or fight for economic measures to ensure their subsistence. Many poor and indebted Governments lacked the means to adequately care for their indigent populations. In a world that had the resources to overcome poverty, its persistent existence, even in affluent countries, was an unnecessary affliction. It was essential that people living in poverty had their seat at the table at all levels of the decision-making process.
VERENA GRAF, of International League for the Rights and Liberation of peoples, said her group had witnessed the ravage done by corruption to the economies and societies of a number of minority communities. The Special Rapporteur on corruption had rightly indicated the consequences of corruption from a different angle particularly in the developed counties. If ENRON had affected thousands of individuals, corruption in the developing countries would affect the whole population. The adoption in December 2003 by the General Assembly of the resolution 58/4 of the Convention against Corruption was significant. However, the pace of ratification by States was not encouraging and its implementation left doubts.
MONCEF BALTI, of Atlas - Association Tunisienne pour l'Auto-Développement et la Solidarité, said the fight against poverty was an endless work which not only was the responsibility of Governments, but also of concerned individuals themselves, members of civil society, and international solidarity. Human rights were indivisible and inter-dependent. Therefore equal importance should be given to civil and political rights and the rights to food, housing, health, education and other rights that guaranteed human dignity. There had been an increased level of interest on the international level over the last few years with regard to the place that should be given to economic, social and cultural rights, but this was still insufficient. If the world could mobilize itself and cooperate in all ways to fight against terrorism, it was clear that it could and should be mobilized to the same extent to fight against poverty, exclusion, and injustice. If efforts were not made with the aim of promoting further cooperation, partnership and dialogue, the issue of poverty, which was already grave, risked becoming ever worse, with the digital divide deepening every day between developed and developing nations.
PELPINA SAHUREKA, of International Association of Democratic Lawyers, said that the right to self-determination was impossible to implement for peoples in war situations and conflict areas like in Kashmir, Darfur, Aceh and West Papua. Since 1999, the Indonesians had imposed a war situation on Maluku, the Moluccan Alifuru people, violating their human rights. On 5 April 2004, the Indonesian army came and forcefully evicted 8 families from their homes, demolishing their homes and clearing the whole area. The Indonesian army claimed the area as a military possession. The families with no homes who had been ousted from their ancestral grounds had tried a court procedure, only to be faced by the corrupt justice system working against that illegal expropriation of land. Many displaced Malukus encountered difficulties when attempting to return to their places of origin.
A.S. KOHLI, of Indian Council of Education, said the economic, social and cultural rights as understood in the United Nations covenants were to be implemented by States with the help of civil society. Nation States, in order to prevent global capitalism from dominating at will, had also begun to form regional groups in which they could lay down rules and together hope to influence the world economy. In this new system, the Third World stood to be marginalized even further. The Sub-Commission should initiate studies to examine how much the developed countries gained by giving out agricultural subsidies, and let the Third World countries demand compensation from the losses from which they were suffering.
ANTONIO GONZALMES, of International Indian Treaty Council, said his Council had continuously brought before the Sub-Commission examples of urgent concern about the critical violations of economic, social and cultural rights of indigenous peoples living in various parts of the world. In the case of the While Clay (Gros Vente) from the state of Montana in the United States, and the destruction of peoples economic, social and cultural rights, in the Little Rocky Mountains the devastation had wrecked there for over 20 years by the heap leach cyanide extraction process of the Pagasus Gold Mine Corporation. The mountains were sacred to the While Clay peoples for healing and helping people but they too were poisoned. The waters and lakes were also contaminated where there once was an abundance of fish. In Canada, there was a struggle by the Secwepeme People of Skwelkwek’welf to stop the expansion of Sun Peaks Ski Resort and Delta Hotels on their territories. In Argentina, Mapuche families were already being evicted from their ancestral lands by the clothing corporation Benetton. In Nigeria, destruction and killings of the peoples of Teyor, Kaani, minority indigenous peoples, had occurred.
RONALD BARNES, of Indigenous World Association, said the subjugation, domination and exploitation of the natural resources of the indigenous peoples of Alaska should end. It continued to be a colonial situation, and was a fact that would not be accepted, as it was a reduction of sovereignty. The indigenous peoples did not consent to the annexation of Alaska, nor the ceding of the territory to the United States. The will of the people should be the basis of the Government, and should be expressed by universal suffrage. The United States and foreign corporations were exploiting natural resources in Alaska, and these corporations adversely affected legislation both nationally and internationally. They also had the ability to undermine protections and to pass over judicial decisions through political and economic corruption. There was no check and balance in Alaska, and there appeared to be nothing that would resolve the situation. There was always a link between corrupt regimes and multinationals that did not adhere to appropriate behaviour. If the issue of colonization was not dealt with when addressing corruption, then the discussion was impeded.
NISA CHAMSUWAN, of Pax Romana, drew attention to the situation of non-citizens: the hill tribe people in Thailand. In 2003, there were about 400,000 hill tribes who were classified as one citizens, which were nearly half of Thailand’s almost one million hill tribe population. While being aware of the national legislation and practice in Thailand, the hill tribe people in Thailand continued to suffer multiple discrimination and deprivation of basic human rights which directly caused them to live in extreme poverty. Although the Government issued a regulation in 1992, which gave guidelines on providing education to children without domicile and with non-Thai nationality and on providing certificates of education to students upon completion, access to education for the hill tribe people was still limited. Being non-citizens and illiterate obstructed them from employment opportunities.
MME KAREN PARKER (International Educational Development) said the draft principles on the topic of housing and property restitution in the context of returned refugees or internally displaced persons were welcomed. There were many illustrative situations where these could be used: in Iraq, Syria, Turkey and Iran, with regard to Assyrian Christians; in Cyprus, where homes and properties were confiscated in the course of the illegal Turkish occupation; in the Kurdish villages in Turkey destroyed by Turkish authorities; in Iraq; in Laos; and in Mozambique. It was hoped that as the principles developed, due attention would be paid to the specific rights, duties and obligations relating to the use of weaponry that made human habitation impossible without effective clean up.
LES MALEZER, of Foundation for Aboriginal and Islander Research Action, said their deep disappointment continued over the lack of progress made on the draft Declaration on the Rights of Indigenous Peoples. That declaration remained a critical standard, which was seen by many authorities, including indigenous peoples, as an essential tool for the resolution of conflicts over land, territories and waters, natural resources, development and cultural dignity. To abandon the declaration at this stage, however would clearly be affirmation that racial discrimination against indigenous peoples was tolerated by the United Nations. It was also disappointing to note that a core principle of the draft declaration – collective rights – was being opposed so late into the negotiations, especially by the United Kingdom.
KOUKAB-UL-SABA, of International Islamic Federation of Student Organizations, said the Vienna Declaration called for a holistic approach to ensure a simultaneous promotion of civil, political, economic, social and cultural rights, and all human rights were therefore indivisible, interrelated and interdependent in character. More needed to be done by Governments, human rights movements and in the context of the Commission to develop a better understanding of economic, social and cultural rights to guard against violations. It needed to be acknowledged that the idealism of democracy, accountability and transparency was irrelevant for regions struck by poverty, hunger, diseases and foreign occupation. Thus, Kashmiris had the right to demand justice
from the international community, including the Sub-Commission, as the economic, cultural and social rights of 13 million Kashmiris were being violated owing solely to the denial of their right to self-determination.
TATIANA SHUMAIAN, of International Institute for Peace, said that literacy was becoming more and more widespread and scientific discoveries and inventions were piling up at an unprecedented rate. During the 1990s, primary education enrolment increased in every region. At the same time, of the 689 million children of primary school age in the developing countries, 175 million did not attend school; three-fifth of them were girls. Of the children who started primary school in Sub-Saharan Africa, only one out of three was able to complete schooling. It was not surprising that children had become the victims of violence, armed conflicts, child labour and domestic helpers, sale of children, child prostitution and child pornography. The scourge of child labour continued all over the world.
JAN LONN, of International Youth and Student Movement for the United Nations, said the Sub-Commission had played a critical role in the development of norms and procedures for the advancement and protection of social and economic rights and should be strongly commended for this. Today, this role of defending social and economic rights was more important than ever as the erosion of social and economic rights seemed to be built into the globalization process and the social and economic developments on all continents, with the State increasingly abdicating its responsibilities. The Sub-Commission had performed an important role by elaborating the draft norms on the Responsibility of Transnational Corporations and other business enterprises with regard to human rights, and this was a much needed initiative which came at a time when other parts of the United Nations system had tried to hold transnational corporations accountable to established norms and obligations under international law.
JOSEPH K. INGRAM, of World Bank, said the World Bank shared the multi-dimensional vision of poverty and it valued highly the role that human rights could play in reducing poverty. The Bank particularly appreciated the call by the Special Rapporteur on the right to health to begin operationalizing the human rights approach to poverty in the context of local realities. The issue was how best to capture those realities so that government policies effectively reflected them. A transparent, non-discriminatory and participatory approach was required. Slogans and campaigning might prove useful as tools of advocacy, but they were not enough in the implementation of a multi-dimensional fight against poverty. One knew how inhuman and corrosive poverty was in societies around the globe, one knew where it existed, one knew where growing inequalities existed, and for the most part one knew why they existed. The constant refrain about global conspiracies, which saw debt as a form of quasi-colonial domination, were unhelpful. The experience of China, India, Sri Lanka, Thailand, South Korea, Viet Nam, Malaysia, Uganda, Botswana, Ghana, Burkina Faso and Honduras, among others, demonstrated the positive impact of structural reforms, the effective use of debt, and of good governance.
M. KANAN AL RASHEED (Iraq) said nobody was ignorant of the importance of natural resources in the creation of a base for the Iraqi people; the country was colossally indebted to the effect of millions of dollars. The embargo had had a negative impact on Iraqis. There was an interdependence between economic and social activities, with a bad economy causing social deterioration. The policy of the past regime was to terrorize Iraqis, and this had led to a brain drain; the level of education had dropped to the lowest possible level and there was high mortality rates among children. Cultural issues also suffered under the party in power, which opposed all ideas that were incompatible with its perceptions. The present Government was seriously trying to correct these issues and to improve the quality of life of Iraqis, and to provide guarantees for their standard of living, protecting them from the deprivation of liberty in economic and social areas. The United Nations should contribute to the work done in this field and others.
REGIANE MARA GONCALVES DE MELO (Brazil) said that her delegation held the view that acknowledging the right to drinking water supply and sanitation did not create new obligations for States, and was essential to the full enjoyment of economic and social rights. Brazil was in a position to support the idea of considering a study on guidelines for the implementation of the right to water. She recalled initiatives taken by the Brazilian Head of State, with the support of the United Nations Secretary-General, to fight poverty. After having launched the idea of establishing an international fund against hunger, the President was now calling for a meeting of Heads of States and Governments to discuss the combat against hunger and poverty. The meeting would be held in New York on 29 September before the annual session of the General Assembly. Almost 40 Heads of States had already confirmed their presence and Brazil was looking forward to having a rich and in-depth debate on strategies to finance the fight against poverty.
ELSADIG MUSTAFA ALMAGLY (Sudan) said the right to water was one of the basic rights, not for human beings only but for all living creatures, as it was inseparable from the first of the rights stipulated in the Universal Declaration of Human Rights, the right to life. It was commonly understood that armed conflicts were a major cause for human rights violations. Drought and desertification could have similar effects, as they suffocated life and often led to conflicts among pastoral and agricultural communities in the way witnessed at present in Darfur in Western Sudan. Some of the root causes of the conflict there lay in the drought and disappearance of pastures in that region. Furthermore, analysts and specialists warned that future wars could be fought over this vital resource, and if this did take place, the impact on all human rights, including the rights to life, to development and to food would be catastrophic. All countries should accord importance to the recommendations of El-Hadji Guisse in his report, as their implementation would prevent the violation of this basic right through conspiracies to control unjustly sources of water. The right to fresh water and the negative impact of debt related clearly to human rights and were within the competence of the Sub-Commission. Debt and lack of fresh water led to poverty, disease and hunger. Poverty also led to crime, conflicts and hampered human development, and bred political, social and economic instability.
GASPAR BIRO (Sub-Commission Expert) said water was essential to life as the Special Rapporteur had stressed in his paper. Billions of people in the world were lacking access to drinking water and sanitary services. The international community should do something to improve the situation. There was an increasing trend to consider water more and more as a commodity. In his opinion, that trend, unless rigorously controlled by States, could have further negative implications. What the Sub-Commission could do at present was to accept Mr. Guissé’s suggestions regarding the elaboration of guidelines, new indicators and model regulations on the issue. Those problems affected directly the issue of poverty and extreme poverty. The impact of corruption had certain further negative consequences on human rights. There was a consensus that corruption in all forms affected the social fabric of any society. In countries where corruption was endemic, the economic, social and cultural aspects of the nations would be negatively affected.
EMMANUEL DECAUX (Sub-Commission Expert) said it was time to close the inter-active dialogue on the study relating to article 2 paragraph 2 of the International Covenant on Economic, Social and Cultural Rights. He thanked all speakers for their useful speeches on the topic. The complementarity of the work in the field of non-discrimination was emphasized. Regional mechanisms were important. The speaker denied that his report was Europe-centred, and illustrated this by referring to the text of the report. There was a range of regional sources, and no distortion. With regard to the customary dimension, the suggestions of Ms. Koufa and Ms. Hampson were agreed with - it was a matter of tabling the issues. One of the components concerning the reasons for discrimination had caused debate. There should be greater attention paid to vulnerable groups, including the handicapped, the disabled, the aged and others including aliens.
There were sensitivities that were very raw on all sides in certain areas of the debate, and the comments made by Mr. Pinheiro were appreciated, as were those of Ms. Warzazi. There should be no north-south split, nor a religious one. The issue of sexual orientation should indeed be addressed, but it was a very broad issue. What had been done was to keep to international issues and measures, and the least thing that could be done was to take into account the opinion of the Human Rights Committee and other human rights bodies in the United Nations system. The interpretation of the Sub-Commission was not isolated. If discrimination was limited to gender issues or sexual orientation or anything else, then the problem remained the same.
A second test was whether discrimination was justified or not, fair or unfair. A third element was that the response to be given to discrimination was not the same according to the different laws regulating that right. The views of the Working Group on Arbitrary Detention should be taken into account. It was the social status of the economic situation and cultural isolation that were often the true cause of discrimination, and it was the enjoyment of economic, social and cultural rights for all that was important. The individual should not be weakened in the face of systemic discrimination. The discussion should remain open, he concluded.
CORRIGENDUM
In press release HR/SC/04/10 of 3 August, the statement of Sub-Commission Abdul Sattar on page 4 should read as follows:
ABDUL SATTAR (Sub-Commission Expert) said comments and suggestions on the valuable preliminary paper would be given later, but first it was appropriate for the members of the Sub-Commission to congratulate themselves on joining the fight against corruption. The struggle had succeeded in the adoption of the Convention against Corruption by the United Nations General Assembly in 2003. Responsibility for the eradication of corruption rested on the shoulders of all States, and they were to collaborate with each other. Especially encouraging for States that suffered from corruption was the need for the receiving States to repatriate assets that had been transferred abroad by corrupt leaders. The Sub-Commission should consider joining the Friends of the Draft Convention on Corruption, which provided a mechanism for cooperation between States in the context of the fight against corruption.
States should establish their own anti-corruption mechanisms, however, as this was necessary for them to succeed in ridding themselves from this scourge, as was the need for standards, laws and rules for controlling corruption and building up administrative and legal capacity for combating it. One of the problems was the interminable delays and high costs of litigation in some States where illicit assets were in the control or possession of corrupt officials. A further issue was that corruption was not necessarily linked with authoritarianism, nor was democracy a guarantee that illicit power would not be used for self-aggrandizement. It was hoped that victim States would be able to recover funds from corrupt rules in the future, and that these would be used towards payment of usurious debts outstanding against the States.
AFTERNOON
The Sub-Commission on the Promotion and Protection of Human Rights this afternoon heard an Expert present the report of the Working Group on the working methods and activities of transnational corporations as it continued its debate on issues related to economic, social and cultural rights.
El-Hadji Guisse, Sub-Commission Expert and Chairperson/Rapporteur of the Working Group on the working methods and activities of transnational corporations, said the Working Group was the only body in its field doing work on this topic, and calls for its abolition were incomprehensible, as the work of the Working Group had not concluded and it had not fulfilled its mandate. The imbalance in the world due to the activities of transnational companies continued, and the work of the Working Group was vital in redressing it, he said.
In closing the inter-active dialogue on the study on non-discrimination as enshrined in article 2 paragraph 2 of the International Covenant on Economic, Social and Cultural Rights, Sub-Committee Expert Emmanuel Decaux said there should be greater attention paid to vulnerable groups, including the handicapped, the disabled, the aged and others including aliens. He said it was the social status of the economic situation and cultural isolation that were often the true cause of discrimination, and it was the enjoyment of economic, social and cultural rights for all that was important.
The Sub-Commission heard from Sub-Commission Expert Gaspar Biro, as well as a series of non-governmental organizations who addressed grievances related to issues on economic, social and cultural rights. Contributing statements were Japanese Workers Committee for Human Rights; American Association of Jurists; Himalayan Research and Cultural Foundation; International Federation for the Protection of the Rights of Ethnic, Religious, Linguistic and Other Minorities; International Youth and Student Movement for the United Nations; Union des Jurists Arabes; International Federation of Social Workers; International league for the Rights and Liberation of Peoples; Association Tunisienne pour l’Auto-développement et la Solidarité; International Association of Democratic Lawyers; Indian Council of Education; International Indian Treaty Council; Indigenous World Association; Pax Romana; International Educational Development; Foundation for Aboriginal and Islander Action; International Islamic Federation of Students Organizations; and International Institute for Peace.
The representatives of Iraq, Brazil and Sudan also delivered statements, as did a speaker for the World Bank.
When the Sub-Commission reconvenes at 10 a.m. on Thursday, 5 August, it will conclude its debate on economic, social and cultural rights and will take up its agenda on specific human rights issues including women and human rights; contemporary forms of slavery; and new priorities, in particular terrorism.
Presentation of the Report of the Working Group on the Work and Activities of Transnational Corporations
EL-HADJI GUISSE (Sub-Commission Expert), Chairperson/Rapporteur of the Working Group, said the adoption of standards on responsibilities towards human rights of transnational and other companies only represented one of the aspects of the mandate of the Working Group on the methods of work and activities of transnational corporations. The Working Group had examined first the issue of existing standards and the elaboration of new standards, and then recommendations for future work. The discussion on the first item spread over a large number of subjects, including the regulation of the standards at the national and international levels, the role of treaty bodies and national human rights organizations as potential surveillance mechanisms for the standards, and issues relative to the identification of means of recourse and reparation for violations of human rights committed by transnational corporations. As for the second theme, some participants suggested a new approach to the identification of appropriate mechanisms for the overseeing of standards. Other Experts suggested that the Sub-Commission or the Working Group could develop a legislative model for the implementation of the standards at the national level.
The Working Group was the only body in its field doing work on this topic, and calls for its abolition were incomprehensible, as the work of the Working Group had not concluded, and it had not fulfilled its mandate. The drafting of standards had only been one part of its agenda, and this was why a draft resolution would be submitted to urge the continuance of the work of the Group so that it could examine further mechanisms for the implementation of standards. The imbalance in the world due to the activities of transnational companies continued, and the work of the Working Group was vital in redressing these.
Discussion on Report of Working Group on Transnational Corporations
EMMANUEL DECAUX (Sub-Commission Expert) said Mr. Guissé had done an excellent job and the paper he presented attested to his efforts. The Sub-Commission had always done a good job with regards to the issue of transnational corporations collectively. However, he had always found strange the way that the sessional Working Groups of the Sub-Commission functioned. He believed that the time allocated to the meetings of these sessional Working Groups should be used as public plenaries in which the same topics were considered. He had nothing against the Working Group on the work and activities of transnational corporations but it would be better to deal with the issue in a different way.
MITSUE TAKANASHI, of Japanese Workers Committee for Human Rights, said the development of globalization had increased the numbers of workers who had had their dignity as human beings taken away from them and who had committed suicide. The Sub-Commission should collect relevant information on the situation of workers in transnational corporations in order to examine ways to protect the human rights of workers.
ANA VERA VEGA, of American Association of Jurists, said that the problem of corruption had been found to be a universal concern in which transnational corporations were among the causes of the problem. Poor people were the victims of the privatization process in the developing countries, which involved transnational corporations. The World Bank had been fomenting privatization in those countries. Today, the struggle against extreme poverty seemed to cease while people around the world continued to be hungry. The unequal distribution of resources and the privatization of services, such as education, had been intensified, further affecting the poor. Thought should be given to the growing phenomenon of the negative effects of transnational corporations impacting negatively on human rights.
Statements on Issues Related to Economic, Social and Cultural Rights
K. WARIKOO, of Himalayan Research and Cultural Foundation, said economic, social and cultural rights figured prominently among all human rights, and fundamental freedoms. Economic and social programmes of the United Nations and other international agencies should help in preserving the social capital, and strengthening the composite social fabric by promoting multi-culturalism, democracy and social justice. The implications of economic globalization and the activities of transnational corporations and big international financial institutions in inhibiting the realization of the right development of the people in poor countries was noted. There was direct relationship between the enjoyment of economic, social and cultural rights and the type of governance, constitutional and administrative mechanisms, levels of corruption, health care and education, and others. It was evident that acts of organized violence by terrorists and mercenaries inspired by hostile states caused extensive damage to the society and economy as well as thwarting the process of restoring peace and amity; unless terrorism was curbed, sustainable economic and social development could not be achieved.
MARGOT SALOMON, of Minority Rights Group International, said consideration needed to be given to issues of multiple discrimination suffered by women as members of minority or indigenous communities. The Group’s new report entitled “Gender, Minority and Indigenous Peoples” sought to do just that – to provide the tools and insight to enable those working on minority and indigenous peoples’ rights to consider issues from a gender perspective, and to encourage those working on gender equality and women’s rights to include fully minority and indigenous peoples rights within their remit. Adherence to conventional approaches to development used in various sectors meant that new thinking on how minorities were affected had not evolved. Often minorities did not appear in any impact assessments, or any population data. To a great extent they were invisible. The Group was ready to make available to the Sub-Commission its knowledge and experience in order to create national environments and an international order in which all rights could be realized.
SIMOS ANGELIDES, of International Federation for the Protection of The Rights of Ethnic, Religious, Linguistic & Other Minorities, said economic, social and cultural rights were adequately safeguarded in the Government-controlled areas since the Covenant formed part of the law of Cyprus. This, however, was not the case in the areas which the Government of Cyprus did not control. The right to adequate housing could be considered to be sufficiently protected only when all occupying forces and illegal settlers were withdrawn, and the lawful inhabitants had the unrestricted right to return to their houses and properties and were able to exercise their right to freedom of movement and establishment in an unhindered and unimpeded manner. The deliberate practice of forcible mass population transfers in Cyprus was considered a war crime and a crime against humanity. This and other policies in conjunction with the fact that the victims were targeted on racial and ethnic grounds constituted a form of ethnic cleansing.
PRAMILA SRIVASTAVA, of International Institute for Non-Aligned Studies, said it had been estimated that in the world today there were more than a billion people who lacked clean and affordable water and 2.4 billion who lacked sanitation services. Over the last 200 years, most utilities had been publicly owned and managed. Due to the shortage of resources they had not been able to expand to cover the entire population. Inefficiency and corruption had also contributed to the situation. In many cases the quality of the water had not been up to the mark either. However, public owned utilities had still provided relatively clean water at affordable rates to the mass of the citizens.
ELIAS KHOURI, of Union of Arab Jurists, said the importance of enjoying economic, social and cultural rights and the right to development had always been emphasized within the Union, as well as their link to political and civil rights. The enjoyment of these rights together could not take place in an atmosphere of war and conflict. Their enjoyment should create an environment of stability and peace and resolution of world problems. Violations of human rights led to wars and conflicts, which led to more violations of human rights, and there should be a collective responsibility for the prevention of violations and the subsequent launching of wars. It was disheartening to see that two major powers would falsify information in order to cause conflict and the war against Iraq, thus violating all charters on human rights. The restoration of security in Iraq and the reconstruction of the country was an international responsibility which should not be shirked if the legitimacy of human rights was to be upheld. The Sub-Commission should adopt a daring resolution similar to the one adopted at the fifty-fourth session where all countries were called upon to refrain from using military means to bring other countries to accountability.
MARINA SIKORA, of Transnational Radical Party, said that in 2000, after seven years of work, the Economic and Social Council had established a Permanent Forum to discuss indigenous issues relating to economic and social development, culture, the environment, education, health and human rights. Overwhelmed by a variety of topics, the Forum had never addressed an issue that was crucial to many indigenous groups: that of the coca bush. Coca was a central, if not a vital element of the very life, tradition, culture, religion and economy of dozens of indigenous peoples that lived throughout the Andean region. The main reason for that lack of focus was due to the fact that coca was one of the plants that had been strictly regulated, and at times systematically prohibited. As a result of that prohibition, over the last decade, the international community had addressed coca-related issues promoting a series of projects of “supply reduction” as well as alternative development to eradicate the “evil” plant from the face of the earth. All those efforts had proved to be unsuccessful in eliminating coca or substituting it with other licit crops.
ELLEN MOURAVIEFF APOSTOL, of International Federation of Social Workers, said the fight against poverty and extreme poverty was now firmly anchored in human rights and in United Nations human rights instruments, and this heralded both hope and progress. For many, and especially for marginalized persons or groups, efforts had to be personalized, patient, and persistent. Exclusion and marginalization left deep wounds in psyches, and a long time could elapse until they found a minimum of self-confidence to enable them to benefit from or fight for economic measures to ensure their subsistence. Many poor and indebted Governments lacked the means to adequately care for their indigent populations. In a world that had the resources to overcome poverty, its persistent existence, even in affluent countries, was an unnecessary affliction. It was essential that people living in poverty had their seat at the table at all levels of the decision-making process.
VERENA GRAF, of International League for the Rights and Liberation of peoples, said her group had witnessed the ravage done by corruption to the economies and societies of a number of minority communities. The Special Rapporteur on corruption had rightly indicated the consequences of corruption from a different angle particularly in the developed counties. If ENRON had affected thousands of individuals, corruption in the developing countries would affect the whole population. The adoption in December 2003 by the General Assembly of the resolution 58/4 of the Convention against Corruption was significant. However, the pace of ratification by States was not encouraging and its implementation left doubts.
MONCEF BALTI, of Atlas - Association Tunisienne pour l'Auto-Développement et la Solidarité, said the fight against poverty was an endless work which not only was the responsibility of Governments, but also of concerned individuals themselves, members of civil society, and international solidarity. Human rights were indivisible and inter-dependent. Therefore equal importance should be given to civil and political rights and the rights to food, housing, health, education and other rights that guaranteed human dignity. There had been an increased level of interest on the international level over the last few years with regard to the place that should be given to economic, social and cultural rights, but this was still insufficient. If the world could mobilize itself and cooperate in all ways to fight against terrorism, it was clear that it could and should be mobilized to the same extent to fight against poverty, exclusion, and injustice. If efforts were not made with the aim of promoting further cooperation, partnership and dialogue, the issue of poverty, which was already grave, risked becoming ever worse, with the digital divide deepening every day between developed and developing nations.
PELPINA SAHUREKA, of International Association of Democratic Lawyers, said that the right to self-determination was impossible to implement for peoples in war situations and conflict areas like in Kashmir, Darfur, Aceh and West Papua. Since 1999, the Indonesians had imposed a war situation on Maluku, the Moluccan Alifuru people, violating their human rights. On 5 April 2004, the Indonesian army came and forcefully evicted 8 families from their homes, demolishing their homes and clearing the whole area. The Indonesian army claimed the area as a military possession. The families with no homes who had been ousted from their ancestral grounds had tried a court procedure, only to be faced by the corrupt justice system working against that illegal expropriation of land. Many displaced Malukus encountered difficulties when attempting to return to their places of origin.
A.S. KOHLI, of Indian Council of Education, said the economic, social and cultural rights as understood in the United Nations covenants were to be implemented by States with the help of civil society. Nation States, in order to prevent global capitalism from dominating at will, had also begun to form regional groups in which they could lay down rules and together hope to influence the world economy. In this new system, the Third World stood to be marginalized even further. The Sub-Commission should initiate studies to examine how much the developed countries gained by giving out agricultural subsidies, and let the Third World countries demand compensation from the losses from which they were suffering.
ANTONIO GONZALMES, of International Indian Treaty Council, said his Council had continuously brought before the Sub-Commission examples of urgent concern about the critical violations of economic, social and cultural rights of indigenous peoples living in various parts of the world. In the case of the While Clay (Gros Vente) from the state of Montana in the United States, and the destruction of peoples economic, social and cultural rights, in the Little Rocky Mountains the devastation had wrecked there for over 20 years by the heap leach cyanide extraction process of the Pagasus Gold Mine Corporation. The mountains were sacred to the While Clay peoples for healing and helping people but they too were poisoned. The waters and lakes were also contaminated where there once was an abundance of fish. In Canada, there was a struggle by the Secwepeme People of Skwelkwek’welf to stop the expansion of Sun Peaks Ski Resort and Delta Hotels on their territories. In Argentina, Mapuche families were already being evicted from their ancestral lands by the clothing corporation Benetton. In Nigeria, destruction and killings of the peoples of Teyor, Kaani, minority indigenous peoples, had occurred.
RONALD BARNES, of Indigenous World Association, said the subjugation, domination and exploitation of the natural resources of the indigenous peoples of Alaska should end. It continued to be a colonial situation, and was a fact that would not be accepted, as it was a reduction of sovereignty. The indigenous peoples did not consent to the annexation of Alaska, nor the ceding of the territory to the United States. The will of the people should be the basis of the Government, and should be expressed by universal suffrage. The United States and foreign corporations were exploiting natural resources in Alaska, and these corporations adversely affected legislation both nationally and internationally. They also had the ability to undermine protections and to pass over judicial decisions through political and economic corruption. There was no check and balance in Alaska, and there appeared to be nothing that would resolve the situation. There was always a link between corrupt regimes and multinationals that did not adhere to appropriate behaviour. If the issue of colonization was not dealt with when addressing corruption, then the discussion was impeded.
NISA CHAMSUWAN, of Pax Romana, drew attention to the situation of non-citizens: the hill tribe people in Thailand. In 2003, there were about 400,000 hill tribes who were classified as one citizens, which were nearly half of Thailand’s almost one million hill tribe population. While being aware of the national legislation and practice in Thailand, the hill tribe people in Thailand continued to suffer multiple discrimination and deprivation of basic human rights which directly caused them to live in extreme poverty. Although the Government issued a regulation in 1992, which gave guidelines on providing education to children without domicile and with non-Thai nationality and on providing certificates of education to students upon completion, access to education for the hill tribe people was still limited. Being non-citizens and illiterate obstructed them from employment opportunities.
MME KAREN PARKER (International Educational Development) said the draft principles on the topic of housing and property restitution in the context of returned refugees or internally displaced persons were welcomed. There were many illustrative situations where these could be used: in Iraq, Syria, Turkey and Iran, with regard to Assyrian Christians; in Cyprus, where homes and properties were confiscated in the course of the illegal Turkish occupation; in the Kurdish villages in Turkey destroyed by Turkish authorities; in Iraq; in Laos; and in Mozambique. It was hoped that as the principles developed, due attention would be paid to the specific rights, duties and obligations relating to the use of weaponry that made human habitation impossible without effective clean up.
LES MALEZER, of Foundation for Aboriginal and Islander Research Action, said their deep disappointment continued over the lack of progress made on the draft Declaration on the Rights of Indigenous Peoples. That declaration remained a critical standard, which was seen by many authorities, including indigenous peoples, as an essential tool for the resolution of conflicts over land, territories and waters, natural resources, development and cultural dignity. To abandon the declaration at this stage, however would clearly be affirmation that racial discrimination against indigenous peoples was tolerated by the United Nations. It was also disappointing to note that a core principle of the draft declaration – collective rights – was being opposed so late into the negotiations, especially by the United Kingdom.
KOUKAB-UL-SABA, of International Islamic Federation of Student Organizations, said the Vienna Declaration called for a holistic approach to ensure a simultaneous promotion of civil, political, economic, social and cultural rights, and all human rights were therefore indivisible, interrelated and interdependent in character. More needed to be done by Governments, human rights movements and in the context of the Commission to develop a better understanding of economic, social and cultural rights to guard against violations. It needed to be acknowledged that the idealism of democracy, accountability and transparency was irrelevant for regions struck by poverty, hunger, diseases and foreign occupation. Thus, Kashmiris had the right to demand justice
from the international community, including the Sub-Commission, as the economic, cultural and social rights of 13 million Kashmiris were being violated owing solely to the denial of their right to self-determination.
TATIANA SHUMAIAN, of International Institute for Peace, said that literacy was becoming more and more widespread and scientific discoveries and inventions were piling up at an unprecedented rate. During the 1990s, primary education enrolment increased in every region. At the same time, of the 689 million children of primary school age in the developing countries, 175 million did not attend school; three-fifth of them were girls. Of the children who started primary school in Sub-Saharan Africa, only one out of three was able to complete schooling. It was not surprising that children had become the victims of violence, armed conflicts, child labour and domestic helpers, sale of children, child prostitution and child pornography. The scourge of child labour continued all over the world.
JAN LONN, of International Youth and Student Movement for the United Nations, said the Sub-Commission had played a critical role in the development of norms and procedures for the advancement and protection of social and economic rights and should be strongly commended for this. Today, this role of defending social and economic rights was more important than ever as the erosion of social and economic rights seemed to be built into the globalization process and the social and economic developments on all continents, with the State increasingly abdicating its responsibilities. The Sub-Commission had performed an important role by elaborating the draft norms on the Responsibility of Transnational Corporations and other business enterprises with regard to human rights, and this was a much needed initiative which came at a time when other parts of the United Nations system had tried to hold transnational corporations accountable to established norms and obligations under international law.
JOSEPH K. INGRAM, of World Bank, said the World Bank shared the multi-dimensional vision of poverty and it valued highly the role that human rights could play in reducing poverty. The Bank particularly appreciated the call by the Special Rapporteur on the right to health to begin operationalizing the human rights approach to poverty in the context of local realities. The issue was how best to capture those realities so that government policies effectively reflected them. A transparent, non-discriminatory and participatory approach was required. Slogans and campaigning might prove useful as tools of advocacy, but they were not enough in the implementation of a multi-dimensional fight against poverty. One knew how inhuman and corrosive poverty was in societies around the globe, one knew where it existed, one knew where growing inequalities existed, and for the most part one knew why they existed. The constant refrain about global conspiracies, which saw debt as a form of quasi-colonial domination, were unhelpful. The experience of China, India, Sri Lanka, Thailand, South Korea, Viet Nam, Malaysia, Uganda, Botswana, Ghana, Burkina Faso and Honduras, among others, demonstrated the positive impact of structural reforms, the effective use of debt, and of good governance.
M. KANAN AL RASHEED (Iraq) said nobody was ignorant of the importance of natural resources in the creation of a base for the Iraqi people; the country was colossally indebted to the effect of millions of dollars. The embargo had had a negative impact on Iraqis. There was an interdependence between economic and social activities, with a bad economy causing social deterioration. The policy of the past regime was to terrorize Iraqis, and this had led to a brain drain; the level of education had dropped to the lowest possible level and there was high mortality rates among children. Cultural issues also suffered under the party in power, which opposed all ideas that were incompatible with its perceptions. The present Government was seriously trying to correct these issues and to improve the quality of life of Iraqis, and to provide guarantees for their standard of living, protecting them from the deprivation of liberty in economic and social areas. The United Nations should contribute to the work done in this field and others.
REGIANE MARA GONCALVES DE MELO (Brazil) said that her delegation held the view that acknowledging the right to drinking water supply and sanitation did not create new obligations for States, and was essential to the full enjoyment of economic and social rights. Brazil was in a position to support the idea of considering a study on guidelines for the implementation of the right to water. She recalled initiatives taken by the Brazilian Head of State, with the support of the United Nations Secretary-General, to fight poverty. After having launched the idea of establishing an international fund against hunger, the President was now calling for a meeting of Heads of States and Governments to discuss the combat against hunger and poverty. The meeting would be held in New York on 29 September before the annual session of the General Assembly. Almost 40 Heads of States had already confirmed their presence and Brazil was looking forward to having a rich and in-depth debate on strategies to finance the fight against poverty.
ELSADIG MUSTAFA ALMAGLY (Sudan) said the right to water was one of the basic rights, not for human beings only but for all living creatures, as it was inseparable from the first of the rights stipulated in the Universal Declaration of Human Rights, the right to life. It was commonly understood that armed conflicts were a major cause for human rights violations. Drought and desertification could have similar effects, as they suffocated life and often led to conflicts among pastoral and agricultural communities in the way witnessed at present in Darfur in Western Sudan. Some of the root causes of the conflict there lay in the drought and disappearance of pastures in that region. Furthermore, analysts and specialists warned that future wars could be fought over this vital resource, and if this did take place, the impact on all human rights, including the rights to life, to development and to food would be catastrophic. All countries should accord importance to the recommendations of El-Hadji Guisse in his report, as their implementation would prevent the violation of this basic right through conspiracies to control unjustly sources of water. The right to fresh water and the negative impact of debt related clearly to human rights and were within the competence of the Sub-Commission. Debt and lack of fresh water led to poverty, disease and hunger. Poverty also led to crime, conflicts and hampered human development, and bred political, social and economic instability.
GASPAR BIRO (Sub-Commission Expert) said water was essential to life as the Special Rapporteur had stressed in his paper. Billions of people in the world were lacking access to drinking water and sanitary services. The international community should do something to improve the situation. There was an increasing trend to consider water more and more as a commodity. In his opinion, that trend, unless rigorously controlled by States, could have further negative implications. What the Sub-Commission could do at present was to accept Mr. Guissé’s suggestions regarding the elaboration of guidelines, new indicators and model regulations on the issue. Those problems affected directly the issue of poverty and extreme poverty. The impact of corruption had certain further negative consequences on human rights. There was a consensus that corruption in all forms affected the social fabric of any society. In countries where corruption was endemic, the economic, social and cultural aspects of the nations would be negatively affected.
EMMANUEL DECAUX (Sub-Commission Expert) said it was time to close the inter-active dialogue on the study relating to article 2 paragraph 2 of the International Covenant on Economic, Social and Cultural Rights. He thanked all speakers for their useful speeches on the topic. The complementarity of the work in the field of non-discrimination was emphasized. Regional mechanisms were important. The speaker denied that his report was Europe-centred, and illustrated this by referring to the text of the report. There was a range of regional sources, and no distortion. With regard to the customary dimension, the suggestions of Ms. Koufa and Ms. Hampson were agreed with - it was a matter of tabling the issues. One of the components concerning the reasons for discrimination had caused debate. There should be greater attention paid to vulnerable groups, including the handicapped, the disabled, the aged and others including aliens.
There were sensitivities that were very raw on all sides in certain areas of the debate, and the comments made by Mr. Pinheiro were appreciated, as were those of Ms. Warzazi. There should be no north-south split, nor a religious one. The issue of sexual orientation should indeed be addressed, but it was a very broad issue. What had been done was to keep to international issues and measures, and the least thing that could be done was to take into account the opinion of the Human Rights Committee and other human rights bodies in the United Nations system. The interpretation of the Sub-Commission was not isolated. If discrimination was limited to gender issues or sexual orientation or anything else, then the problem remained the same.
A second test was whether discrimination was justified or not, fair or unfair. A third element was that the response to be given to discrimination was not the same according to the different laws regulating that right. The views of the Working Group on Arbitrary Detention should be taken into account. It was the social status of the economic situation and cultural isolation that were often the true cause of discrimination, and it was the enjoyment of economic, social and cultural rights for all that was important. The individual should not be weakened in the face of systemic discrimination. The discussion should remain open, he concluded.
CORRIGENDUM
In press release HR/SC/04/10 of 3 August, the statement of Sub-Commission Abdul Sattar on page 4 should read as follows:
ABDUL SATTAR (Sub-Commission Expert) said comments and suggestions on the valuable preliminary paper would be given later, but first it was appropriate for the members of the Sub-Commission to congratulate themselves on joining the fight against corruption. The struggle had succeeded in the adoption of the Convention against Corruption by the United Nations General Assembly in 2003. Responsibility for the eradication of corruption rested on the shoulders of all States, and they were to collaborate with each other. Especially encouraging for States that suffered from corruption was the need for the receiving States to repatriate assets that had been transferred abroad by corrupt leaders. The Sub-Commission should consider joining the Friends of the Draft Convention on Corruption, which provided a mechanism for cooperation between States in the context of the fight against corruption.
States should establish their own anti-corruption mechanisms, however, as this was necessary for them to succeed in ridding themselves from this scourge, as was the need for standards, laws and rules for controlling corruption and building up administrative and legal capacity for combating it. One of the problems was the interminable delays and high costs of litigation in some States where illicit assets were in the control or possession of corrupt officials. A further issue was that corruption was not necessarily linked with authoritarianism, nor was democracy a guarantee that illicit power would not be used for self-aggrandizement. It was hoped that victim States would be able to recover funds from corrupt rules in the future, and that these would be used towards payment of usurious debts outstanding against the States.
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