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SUB-COMMISSION TAKES UP ECONOMIC, SOCIAL AND CULTURAL RIGHTS
15 August 2006
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Sub-Commission on the Promotion
and Protection of Human Rights
15 August 2006
Discusses Reports on Corruption and Extreme Poverty
The Sub-Commission on the Promotion and Protection of Human Rights this afternoon started consideration of its agenda item on economic, social and cultural rights, discussing two reports on corruption and its impact on human rights and on the need to develop guiding principles on the implementation of existing human rights norms and standards in the context of the fight against extreme poverty.
Christy Ezim Mbonu, the Sub-Commission’s Special Rapporteur on corruption and its impact on human rights, in particular economic, social and cultural rights, presented her second progress report, saying she had been able to establish the universality of corruption, as it took place everywhere, irrespective of the country and the level of development or its ideological leanings. She had also aptly described corruption as a “cancer” festering every fabric of the society, causing the denial of all rights: civil, economic, political, social or cultural; and all suffered as a result of corruption. In the report, she had discussed, among other things, corruption in the judiciary, among law enforcement agents, in political parties, among parliamentarians, in the private sector and in procurement procedures.
José Bengoa, Coordinator of the Ad Hoc Group of Experts who presented the final report on the need to develop guiding principles on the implementation of existing human rights norms and standards in the context of the fight against extreme poverty, said the report contained an assessment of the activities carried out during the work of the Group. The work was the result of intellectual cooperation, and reflected the reality through which poverty was treated. It gave a rich vision on the relationship between poverty and human rights. Poverty was related to responsibilities and obligations, which the document stressed from the point of view of the definition of the responsibilities of States. He said the report should be adopted through a resolution and sent to the Human Rights Council for approval.
Speaking this afternoon were Sub-Commission Experts Abdul Sattar, Emmanuel Decaux, Lalaina Rakotoarisoa, El-Hadji Guissé, Ibrahim Salama, Vladimir Kartashkin, Chen Shiqiu, Chung Chin-Sung, Soli Jehangir Sorabjee, Janio Ivan Tunon Veilles, Rui Baltaszar Dos Santos Alvest, Yozo Yokota, Mohamed Habib Cherif, Antoanella-Iulia Motoc, and Gudmundur Alfredsson.
Also speaking in a right of reply under item two of the agenda was the representative of Sri Lanka.
The next meeting of the Sub-Commission will be at 10 a.m. on Wednesday 16 August, when it is scheduled to continue its consideration of economic, social and cultural rights.
Statements on Report on Corruption
CHRISTY EZIM MBONU, Sub-Commission Expert and Special Rapporteur, introducing her second progress report on corruption and its negative impact on the full enjoyment of all human rights, in particular economic, social and cultural rights (A/HRC/Sub.1/58/CRP.10 which was not immediately available), said that in all her reports, she had been able to establish the universality of corruption as corruption took place everywhere, irrespective of the country and the level of development or its ideological leanings. She had also aptly described corruption as a “cancer” festering every fabric of the society, causing the denial of all rights: civil, economic, political, social or cultural; and all suffered as a result of corruption. In the reports, the Special Rapporteur had variously discussed corruption in the judiciary, among law enforcement agents, in political parties, among parliamentarians, in the private sector and in procurement procedures.
Part 3 of the report covered the measures related to international cooperation in the fight against corruption. Members States were requested to kindly explain in each of the instances, the measures adopted relating to international cooperation. It would be preferred if a recent application of such measures, where available, was provided. With regard to the UN Convention against Corruption, France was the only developed country among the many developing countries that had ratified the instrument. Part 4 explored the linkage between anti-corruption measures and the realization of human rights, in particular economic, social and cultural rights.
ABDUL SATTAR, Sub-Commission Expert, said the Special Rapporteur had aptly described corruption as a cancer. A characteristic of this dreaded disease was rapid progress, and if the patient was to be saved, the remedy should be faster. Unfortunately, few States considered corruption to be a grave enough problem to merit fast-track treatment. Developing countries which were victims of the disease were too often dominated by elites who were often already corrupt. Some States applied technology to identifying terrorists, but did not use such methods for identifying and impeding the transfer of funds derived from corruption. It was hoped the Convention would enter into force as soon as possible and as widely as possible. It was hoped the Sub-Commission would recommend its adoption this year to the Human Rights Council.
Answers to the questionnaire would help devise a more effective strategy to deal with the problem of corruption. The question was what could the world community do above and beyond the issues envisaged in the Convention against Corruption to remedy and eradicate this dreaded disease. The study of the Special Rapporteur of the issue that was vital for the implementation of the economic, social and cultural rights of a vast number of people in the world was very welcome.
EMMANUEL DECAUX, Sub-Commission Expert, said the report of the Special Rapporteur was going on in the right direction. The Sub-Commission and its higher bodies should support the questionnaire, which the Special Rapporteur had prepared. The economic part of the questionnaire was very important. In France, a court had established measures to fight corruption by public officials. The umbrella organization of the Francophonie would be instrumental in disseminating the report of Ms. Mbonu. Other contacts would also be essential in that regard.
It was quite easy to remove a political opponent through corruption as it was the case in many countries. However, the fight against corruption should continue at all levels. Corruption undermined the image of international organizations. In general, corruption had a devastating effect on the enjoyment of economic, social and cultural rights. The cultural heritage of peoples had also been stolen through corruption as it was the case in Italy and Greece.
LALAINA RAKOTOARISOA, Sub-Commission Expert, said the report was very rich, and reflected what was at stake and the consequences of corruption at the country level, no matter the level of development of that country. The efforts of the Special Rapporteur to develop the questionnaire were applauded. Money-laundering was a crime which was related to corruption, as provided for by the United Nations Convention on Corruption, and had serious consequences due to the close relationship it had to all kinds of transnational crimes such as drug and people trafficking and even the financing of terrorism. In the capital markets it was easy to dissimulate the sources of funds, and a significant amount of money was laundered in this way every year, leaving little trace.
Finding money-laundering incidents was very difficult in developed countries where it was often difficult to trace money through the banks and the economy became the target. Fighting the phenomenon was vital in order to cleanse countries from the taint. Money-laundering always supposed an original crime, and it was the product of the original crime that was sought. Assets should be identified in order to be returned to the country from which they came.
EL-HADJI GUISSÉ, Sub-Commission Expert, said the work undertaken by Ms. Mbono since a long time was very courageous. After receiving the questionnaire she sent to States, the analysis might help to understand the root causes of corruption. Money laundering was a phenomenon that was widely practiced in many countries. Since money was important in all fields, including for corruption, the process of money laundering had reached every level of the society. All State behaviour at every level had been infected with corruption. The effect of such acts had directly affected the economic, social and cultural rights of citizens. Had corruption affected only part of the State, it would have been easy to find a remedy but if the whole State were affected by corruption it would be too late to seek a solution. Magistrates who were corrupt could not render fair judgement. The scope of corruption in a country could be manifested by the level of corruption of the civil servants in carrying out their tasks. Corruption, in general, contributed to the political and economic instability of a country.
Firearms were sold like bread in Africa due to corruption; and children could easily procure arms. Ms. Mbono should expand her study to cover still larger areas of corruption. She should ask the scope of the corruption at the community level. African heritage and cultural products had been exploited and taken abroad through corruption.
IBRAHIM SALAMA, Sub-Commission Expert, said this report was an important step forward. The Convention was relatively new, due to the number of compromises that had to be made and the various national laws and provisions that had to be taken into account. The Sub-Commission should examine what it could do to further contribute to this issue, and it could do this by compiling empirical evidence on the impact of corruption on economic, social and cultural rights, If fighting corruption was left to the judiciary, this judiciary could be corrupt and not independent. Fighting corruption gave added value to economic, social and cultural rights, especially those whose rights had been violated by those denying them these rights through corruption. Fighting corruption was not always a priority at the international level, and this was because the interest for States was much less visible. International cooperation in this area therefore did not move very fast.
VLADIMIR KARTASHKIN, Sub-Commission Expert, said Ms. Mbonu was unable to complete her report for reasons explained by her. The questionnaire she prepared was excellent and the results would be included in her report. She had to be able to conclude the work that she had started. Corruption of senior government ministers, judges and other officials could cause serious damage to a State. The level of economic development would be hampered by the existence of corruption at the higher level. A State also used corruption to persecute its political opponents. In that regard, it was a violation of all human rights. In many States, corrupt people at the higher level were not prosecuted for their crimes.
There were States that successfully fought corruption as in the case of China. That country had fought corruption of high-level officials. Properties acquired as a result of corruption should be confiscated. Some laws in some countries did not provide for confiscation of illegally acquired property. A criminal liability for corruption should be introduced as part of the campaign against corruption. Ms. Mbonu should focus on that subject in her future work.
CHEN SHIQIU, Sub-Commission Expert, said this was an important issue, and a very topical subject, and Ms. Ebonu should continue her work on it. The questionnaire should be further expanded. China had recently had some success in eliminating corruption, and had drafted a lot of legislation. However, China’s record in this field was not perfect, as every year senior officials were prosecuted for corruption, but the commitment to fighting the scourge was unending. Corruption was an international phenomenon, which was encouraged by some international forces. Therefore, international cooperation in the fight against corruption was very important, especially at the present juncture. International cooperation in this field was a major challenge for the international community, especially for the major banks in developed countries.
There was a need for Governments to have the political will to implement the Convention. But what mattered most was action in the field and whether countries were ready to honour their international commitment to ethics and morality. The challenge was also found in the political good will in the field of human rights and whether the commitment was genuine. Many corrupt officials lived well, and could do this often under the pretext of human rights. Countries should show their sincerity and extradite corrupt officials and return their ill-gotten wealth, and it was only thus that those countries could help the struggle against corruption in developing countries and ensure a greater success of the struggle.
CHIN-SUNG CHUNG, Sub-Commission Expert, said that Ms. Mbonu had suggested distributing the questionnaire to all States and civil societies members. She asked Ms. Mbonu if she was also distributing it to international non-governmental organizations and human rights organizations.
SOLI JEHANGIR SORABJEE, Sub-Commission Expert, said that in India corruption was rampant, and was everywhere, and at the lower level nothing passed unless somebody’s palm was greased. However, corruption was also rampant at the higher levels. The reasons that despite anti-corruption laws there were no convictions were manifold, including that trials took too long. Going to jail did not really bother a corrupt official, as he then repeated his corruption within the jail. What was truly required was a freezing of assets, so that the corrupt would not profit from their crime. This, however, required political will, and no political party was prepared to include it in their platform. The corrupt official did not just increase his or her bank balance, but was a violator of human rights, and this had to be made clear to all, with the corrupt official ostracised. The problem was not the laws against corruption, but their implementation.
J. I. TUNON VEILLES, Sub-Commission Expert, said globalization was a consequence in the increase of privatization, which in turn involved corruption. The negotiation and lobbying of the process of privatisation necessarily involved corruption. The privatisation of electricity and telephone services, for instance, because of the corruption involved, would result in a rise of prices for the citizens. It was evident that corruption increased poverty in a country. The budget intended for poverty alleviation though the building of roads, schools, clinics and other infrastructure would easily disappear through corruption. The conduct of corruption in some States could not easily be described and judges were not able to punish those corrupt officials or individuals. A good example that he encountered was the case of a museum that was built in his country but the materials in it had disappeared.
GUDMUNDUR ALFREDSSON, Sub-Commission Expert, said this was one of the most important issues under consideration in the Sub-Commission. The questionnaire was very important, and tying it to the Code of Conduct would strengthen its impact. Reference to the United Nations basic rules that had been adopted should be mentioned in the questionnaire as a tool for strengthening it.
YOZO YOKOTA, Sub-Commission Expert, said it was often thought that corruption was not rampant in developed countries; however, it was everywhere, including the developed countries. In his country, for example, a former Japanese official had been involved in corruption through the manipulation of the actual prices of commodities. In the developing countries, they were not only the politicians who were corrupt; the level of the corruption might vary. That phenomenon also affected developed countries. Some UN officials in the peacekeeping area had been corrupt and they were found guilty. The kind of corruption did not involve money but sexual favours. The Secretary-General was quick to redress the situation although the outcome was not yet known. Ms. Mbonu should also include in detail corruption practices in international organizations, including the United Nations.
EL HADJI GUISSE, Sub-Commission Expert, said earlier he had heard Mr. Sorabjee and other colleagues speak about corruption at the level of civil servants, but he would like to ask the Special Rapporteur to ask some questions in the questionnaire about salary levels in every country, as there were some countries where the latter were a pittance, so the civil servant was always exposed to the possibility of corruption, while the elite could afford all the luxuries that they might wish. This contrast predisposed people towards corruption.
MOHAMED HABIB CHERIF, Sub-Commission Expert, said corruption was a serious scourge in any society. It created privileges to some if the situation was not checked in time. The instance of corruption of civil servants, law-enforcing agents and other officials had given rise to concern. Effective means of State administration were the only means to fight the practice of corruption. Non-governmental organizations could be of great help in the fight against corruption by exposing the situation. Corruption was also an impediment to the right to development, including to the enjoyment of economic, social and cultural rights. Through her study, Ms. Mbono should seek methods of effectively tackling the problem of corruption and to wipe off that phenomenon.
ANTOANELLA-IULIA MOTOC, Sub-Commission Expert, said this was one of the most important reports before the Sub-Commission, as corruption affected a broad section of human rights. The report should be continued, as corruption was as much an issue for developed as for developing nations. There were different forms and manifestations of corruption, but it was the life of the average human being that was affected. Life itself could be threatened by corruption. Some colleagues had indicated that corruption was very much encouraged by the practices of multinational companies, which used various means to improve their efficiency, becoming accomplices to corruption. The multinationals should perhaps be addressed in order to encourage them to respect the anti-corruption laws.
In developing countries, corruption had particular effects, weakening the rule of law, and this could be seen in the countries of the ex-Soviet bloc, where the transition had weakened the State. International organizations had certain criteria which could be used to eradicate corruption. Once a legal system had been weakened over a period of time, it was difficult to prove that corruption took place, and measures should be taken in this regard. To combat corruption, there was a need to start with the judiciary and the police forces, and to ensure that they were not open to corruption. The Special Rapporteur should also examine the issue from the perspective of the United Nations, and examine not just the impact within the organization, but also on various States. Ms. Mbonu should continue her work, and it was hoped she would work with the new Expert Group, as this was a very important topic.
SOLI JEHANGIR SORABJEE, Sub-Commission Expert, said that bribes paid to some officials in the developing countries were considered as legitimate business expenses in some Western countries. He asked if Ms. Mbonu discussed such practices.
CHRISTY EZIM MBONU, Sub-Commission Expert, in concluding remarks, said that she was overwhelmed by the reaction of the Experts to her paper. Many fundamental issues had been raised which she intended to include in the final paper and in the questionnaire, whose goal was to aid States in fighting corruption. Most of the time, States did not dare reply to the questionnaire, but with reminders this could improve, and by that time there would be enough for other States to learn. If 90 per cent of corruption was removed, then 99 per cent of poverty was eliminated, as the money returned to the people. Many countries were fighting to retrieve the money that had been extracted from them by the corrupt, and this was why there was a need for increased cooperation at an international and institutional level.
Ms. Mbonu said she had investigated private sector corruption to a significant extent. The media often acted as whistleblowers with regards to corruption. This second progress report did not dwell on corruption and its manifestations, this was covered in the previous papers. Instead, it itemised what each State was doing to fight corruption. A problem was that the corrupt fought back. Ms. Mbonu had completely covered the issue of the judiciary in previous papers, and was surprised she was still being asked questions in this regard. When the judiciary was corrupt, then the poor had no faith in it. The money was slowly trickling back from certain sources to the countries from which it had been extorted.
Document on Extreme Poverty
A report (A/HRC/Sub.1/58/16*) entitled implementation of existing human rights norms and standards in the context of the fight against extreme poverty, which is the final report submitted by José Bengoa, Coordinator of the Ad Hoc Group of Experts, contains an assessment of the activities carried out during the work of the group. The report builds on the preliminary working paper submitted at the fifty-fifth session (E/CN.4/Sub.2/2003/17) and the two interim working papers submitted at the fifty-sixth and fifty-seventh sessions (E/CN.4/Sub.2/2004/25 and Add.1 and E/CN.4/Sub.2/2005/20 and Add.1). Pursuant to resolution 2004/7 of 9 August 2004, in which the Sub-Commission requested the Ad Hoc Group of Experts to prepare a final report at the fifty-eighth session on the need to develop guiding principles on the implementation of existing human rights norms and standards in the context of the fight against extreme poverty, and on the basis of consultations with organizations of the poor and of people involved with poverty-related matters, and also with international agencies and specialized non-governmental organizations, the Ad Hoc Group of Experts has prepared a set of guiding principles entitled “extreme poverty and human rights: the rights of the poor”, which is contained in the annex to the report.
Statements on Report on Extreme Poverty
JOSE BENGOA, Sub-Commission Expert, introducing the final report on the joint working paper on the need to develop guiding principles on the implementation of existing human rights norms and standards in the context of the fight against extreme poverty (A/HRC/Sub.1/58/16), said the report was a collective work of five Sub-Commission Experts and in which NGOs had made their contributions. States and other organizations had also been involved in the work. The University of San Paolo had also been of great help in the work, including other distinguished experts. The work, although it was a result of intellectual cooperation, reflected the reality of poverty and the human rights situation. The document before the Sub-Commission was divided into sections, in which poverty and human rights were dealt with. It constituted a synthesis of several years of work. The guidelines and principles in dealing with extreme poverty and human rights had been highlighted in the document.
Some of the principles laid down in the document focused on discrimination against the poor. It gave a rich vision on the relationship between poverty and human rights. Poverty was related to responsibilities and obligations, which the document stressed on the definition of responsibilities of States. On the ground, direct testimonies had been collected from the individuals affected by poverty. The five members of the group did not include the work done by the Social Forum. He hoped that the document would be approved in a resolution and send to the Human Rights Council.
GUDMUNDUR ALFREDSSON, Sub-Commission Expert, said the document on the guiding principles was a first draft, and he was in full agreement with the majority of the principles and suggestions, although he had brought up earlier a number of questions and comments with regards to the draft, hoping some would be included in a later version of the principles to be included as an annex to the draft resolution which would be considered during the session. There were some instruments, such as the Convention on the Elimination of Racial Discrimination, which suggested that this should be penalised, but he did not think that all forms should be punished to the degree suggested in the text. Some particularly strong language in the text appeared to give the poor more rights than other members of society. This would in effect remove discrimination, but went too far in the other direction.
Referring to a mention of the right to employment, Mr. Alfredsson asked what was the difference between this and the right to work. Much work had been done by the Ad Hoc Group, and they deserved commendation in this regard.
ANTOANELLA-IULIA MOTOC, Sub-Commission Expert, said that the report was a successful work that had required the help of States and organizations. Some non-governmental organizations had also been involved in the study. There had been a dilemma encountered in drafting the guidelines and principles. The work started with the document of the declaration on the poverty and the text had been of great value to start the work. The text reflected the existing state of human rights at the Sub-Commission level. The Sub-Commission had some texts of a militant nature which were not formalized in a legal context. In working with NGOs and working in the field, the result would be a militant approach; and instead there should be legally formalized texts. On the issue of extreme poverty, there could not be any parallel legal norm to be set up.
IBRAHIM SALAMA, Sub-Commission Expert, said that the topic was fundamental and strategically important. This approach was cross-sectoral, and a very useful utilisation of the notion of guidelines, bringing something to practitioners that they could apply effectively, and it included the Millennium Development Goals in attempts to reduce poverty and come out of it. Although it was excellent from the starting point, it hesitated between the political statement, and the normative approach from a legal point of view. If the Sub-Commission believed it was too fundamental and strategic, it should not send it to the Human Rights Council, but to the Sub-Commission’s successor body. Whilst waiting for the latter body, NGOs and civil society should be asked to contribute to the draft.
Right of Reply
SARALA FERNANDO (Sri Lanka), speaking in exercise of the right of reply to an issue raised under the consideration of item 2, said an NGO, International Educational Development, using rather familiar tactics of naming and shaming from the discredited Commission, had spoken of certain matters in contradiction with the spirit of constructive discussion that was prevailing. This referred to the aid provided to survivors of the Tsunami. The Government had provided aid to all, as had been made clear in a recent report. With regards to the recent upsurge in violence, this was due to the Tamil Tigers who, by illegally blocking the gates of a Government reservoir, had denied water to a number of people, and the Government had had to act to preserve the lives and livelihoods of these last. The Government had condemned the recent unprecedented attack on foreign workers, and also wished to emphasise that the security forces had not launched any offensive, and any action was purely defensive in response to the offensive actions of the Tamil Tigers.
and Protection of Human Rights
15 August 2006
Discusses Reports on Corruption and Extreme Poverty
The Sub-Commission on the Promotion and Protection of Human Rights this afternoon started consideration of its agenda item on economic, social and cultural rights, discussing two reports on corruption and its impact on human rights and on the need to develop guiding principles on the implementation of existing human rights norms and standards in the context of the fight against extreme poverty.
Christy Ezim Mbonu, the Sub-Commission’s Special Rapporteur on corruption and its impact on human rights, in particular economic, social and cultural rights, presented her second progress report, saying she had been able to establish the universality of corruption, as it took place everywhere, irrespective of the country and the level of development or its ideological leanings. She had also aptly described corruption as a “cancer” festering every fabric of the society, causing the denial of all rights: civil, economic, political, social or cultural; and all suffered as a result of corruption. In the report, she had discussed, among other things, corruption in the judiciary, among law enforcement agents, in political parties, among parliamentarians, in the private sector and in procurement procedures.
José Bengoa, Coordinator of the Ad Hoc Group of Experts who presented the final report on the need to develop guiding principles on the implementation of existing human rights norms and standards in the context of the fight against extreme poverty, said the report contained an assessment of the activities carried out during the work of the Group. The work was the result of intellectual cooperation, and reflected the reality through which poverty was treated. It gave a rich vision on the relationship between poverty and human rights. Poverty was related to responsibilities and obligations, which the document stressed from the point of view of the definition of the responsibilities of States. He said the report should be adopted through a resolution and sent to the Human Rights Council for approval.
Speaking this afternoon were Sub-Commission Experts Abdul Sattar, Emmanuel Decaux, Lalaina Rakotoarisoa, El-Hadji Guissé, Ibrahim Salama, Vladimir Kartashkin, Chen Shiqiu, Chung Chin-Sung, Soli Jehangir Sorabjee, Janio Ivan Tunon Veilles, Rui Baltaszar Dos Santos Alvest, Yozo Yokota, Mohamed Habib Cherif, Antoanella-Iulia Motoc, and Gudmundur Alfredsson.
Also speaking in a right of reply under item two of the agenda was the representative of Sri Lanka.
The next meeting of the Sub-Commission will be at 10 a.m. on Wednesday 16 August, when it is scheduled to continue its consideration of economic, social and cultural rights.
Statements on Report on Corruption
CHRISTY EZIM MBONU, Sub-Commission Expert and Special Rapporteur, introducing her second progress report on corruption and its negative impact on the full enjoyment of all human rights, in particular economic, social and cultural rights (A/HRC/Sub.1/58/CRP.10 which was not immediately available), said that in all her reports, she had been able to establish the universality of corruption as corruption took place everywhere, irrespective of the country and the level of development or its ideological leanings. She had also aptly described corruption as a “cancer” festering every fabric of the society, causing the denial of all rights: civil, economic, political, social or cultural; and all suffered as a result of corruption. In the reports, the Special Rapporteur had variously discussed corruption in the judiciary, among law enforcement agents, in political parties, among parliamentarians, in the private sector and in procurement procedures.
Part 3 of the report covered the measures related to international cooperation in the fight against corruption. Members States were requested to kindly explain in each of the instances, the measures adopted relating to international cooperation. It would be preferred if a recent application of such measures, where available, was provided. With regard to the UN Convention against Corruption, France was the only developed country among the many developing countries that had ratified the instrument. Part 4 explored the linkage between anti-corruption measures and the realization of human rights, in particular economic, social and cultural rights.
ABDUL SATTAR, Sub-Commission Expert, said the Special Rapporteur had aptly described corruption as a cancer. A characteristic of this dreaded disease was rapid progress, and if the patient was to be saved, the remedy should be faster. Unfortunately, few States considered corruption to be a grave enough problem to merit fast-track treatment. Developing countries which were victims of the disease were too often dominated by elites who were often already corrupt. Some States applied technology to identifying terrorists, but did not use such methods for identifying and impeding the transfer of funds derived from corruption. It was hoped the Convention would enter into force as soon as possible and as widely as possible. It was hoped the Sub-Commission would recommend its adoption this year to the Human Rights Council.
Answers to the questionnaire would help devise a more effective strategy to deal with the problem of corruption. The question was what could the world community do above and beyond the issues envisaged in the Convention against Corruption to remedy and eradicate this dreaded disease. The study of the Special Rapporteur of the issue that was vital for the implementation of the economic, social and cultural rights of a vast number of people in the world was very welcome.
EMMANUEL DECAUX, Sub-Commission Expert, said the report of the Special Rapporteur was going on in the right direction. The Sub-Commission and its higher bodies should support the questionnaire, which the Special Rapporteur had prepared. The economic part of the questionnaire was very important. In France, a court had established measures to fight corruption by public officials. The umbrella organization of the Francophonie would be instrumental in disseminating the report of Ms. Mbonu. Other contacts would also be essential in that regard.
It was quite easy to remove a political opponent through corruption as it was the case in many countries. However, the fight against corruption should continue at all levels. Corruption undermined the image of international organizations. In general, corruption had a devastating effect on the enjoyment of economic, social and cultural rights. The cultural heritage of peoples had also been stolen through corruption as it was the case in Italy and Greece.
LALAINA RAKOTOARISOA, Sub-Commission Expert, said the report was very rich, and reflected what was at stake and the consequences of corruption at the country level, no matter the level of development of that country. The efforts of the Special Rapporteur to develop the questionnaire were applauded. Money-laundering was a crime which was related to corruption, as provided for by the United Nations Convention on Corruption, and had serious consequences due to the close relationship it had to all kinds of transnational crimes such as drug and people trafficking and even the financing of terrorism. In the capital markets it was easy to dissimulate the sources of funds, and a significant amount of money was laundered in this way every year, leaving little trace.
Finding money-laundering incidents was very difficult in developed countries where it was often difficult to trace money through the banks and the economy became the target. Fighting the phenomenon was vital in order to cleanse countries from the taint. Money-laundering always supposed an original crime, and it was the product of the original crime that was sought. Assets should be identified in order to be returned to the country from which they came.
EL-HADJI GUISSÉ, Sub-Commission Expert, said the work undertaken by Ms. Mbono since a long time was very courageous. After receiving the questionnaire she sent to States, the analysis might help to understand the root causes of corruption. Money laundering was a phenomenon that was widely practiced in many countries. Since money was important in all fields, including for corruption, the process of money laundering had reached every level of the society. All State behaviour at every level had been infected with corruption. The effect of such acts had directly affected the economic, social and cultural rights of citizens. Had corruption affected only part of the State, it would have been easy to find a remedy but if the whole State were affected by corruption it would be too late to seek a solution. Magistrates who were corrupt could not render fair judgement. The scope of corruption in a country could be manifested by the level of corruption of the civil servants in carrying out their tasks. Corruption, in general, contributed to the political and economic instability of a country.
Firearms were sold like bread in Africa due to corruption; and children could easily procure arms. Ms. Mbono should expand her study to cover still larger areas of corruption. She should ask the scope of the corruption at the community level. African heritage and cultural products had been exploited and taken abroad through corruption.
IBRAHIM SALAMA, Sub-Commission Expert, said this report was an important step forward. The Convention was relatively new, due to the number of compromises that had to be made and the various national laws and provisions that had to be taken into account. The Sub-Commission should examine what it could do to further contribute to this issue, and it could do this by compiling empirical evidence on the impact of corruption on economic, social and cultural rights, If fighting corruption was left to the judiciary, this judiciary could be corrupt and not independent. Fighting corruption gave added value to economic, social and cultural rights, especially those whose rights had been violated by those denying them these rights through corruption. Fighting corruption was not always a priority at the international level, and this was because the interest for States was much less visible. International cooperation in this area therefore did not move very fast.
VLADIMIR KARTASHKIN, Sub-Commission Expert, said Ms. Mbonu was unable to complete her report for reasons explained by her. The questionnaire she prepared was excellent and the results would be included in her report. She had to be able to conclude the work that she had started. Corruption of senior government ministers, judges and other officials could cause serious damage to a State. The level of economic development would be hampered by the existence of corruption at the higher level. A State also used corruption to persecute its political opponents. In that regard, it was a violation of all human rights. In many States, corrupt people at the higher level were not prosecuted for their crimes.
There were States that successfully fought corruption as in the case of China. That country had fought corruption of high-level officials. Properties acquired as a result of corruption should be confiscated. Some laws in some countries did not provide for confiscation of illegally acquired property. A criminal liability for corruption should be introduced as part of the campaign against corruption. Ms. Mbonu should focus on that subject in her future work.
CHEN SHIQIU, Sub-Commission Expert, said this was an important issue, and a very topical subject, and Ms. Ebonu should continue her work on it. The questionnaire should be further expanded. China had recently had some success in eliminating corruption, and had drafted a lot of legislation. However, China’s record in this field was not perfect, as every year senior officials were prosecuted for corruption, but the commitment to fighting the scourge was unending. Corruption was an international phenomenon, which was encouraged by some international forces. Therefore, international cooperation in the fight against corruption was very important, especially at the present juncture. International cooperation in this field was a major challenge for the international community, especially for the major banks in developed countries.
There was a need for Governments to have the political will to implement the Convention. But what mattered most was action in the field and whether countries were ready to honour their international commitment to ethics and morality. The challenge was also found in the political good will in the field of human rights and whether the commitment was genuine. Many corrupt officials lived well, and could do this often under the pretext of human rights. Countries should show their sincerity and extradite corrupt officials and return their ill-gotten wealth, and it was only thus that those countries could help the struggle against corruption in developing countries and ensure a greater success of the struggle.
CHIN-SUNG CHUNG, Sub-Commission Expert, said that Ms. Mbonu had suggested distributing the questionnaire to all States and civil societies members. She asked Ms. Mbonu if she was also distributing it to international non-governmental organizations and human rights organizations.
SOLI JEHANGIR SORABJEE, Sub-Commission Expert, said that in India corruption was rampant, and was everywhere, and at the lower level nothing passed unless somebody’s palm was greased. However, corruption was also rampant at the higher levels. The reasons that despite anti-corruption laws there were no convictions were manifold, including that trials took too long. Going to jail did not really bother a corrupt official, as he then repeated his corruption within the jail. What was truly required was a freezing of assets, so that the corrupt would not profit from their crime. This, however, required political will, and no political party was prepared to include it in their platform. The corrupt official did not just increase his or her bank balance, but was a violator of human rights, and this had to be made clear to all, with the corrupt official ostracised. The problem was not the laws against corruption, but their implementation.
J. I. TUNON VEILLES, Sub-Commission Expert, said globalization was a consequence in the increase of privatization, which in turn involved corruption. The negotiation and lobbying of the process of privatisation necessarily involved corruption. The privatisation of electricity and telephone services, for instance, because of the corruption involved, would result in a rise of prices for the citizens. It was evident that corruption increased poverty in a country. The budget intended for poverty alleviation though the building of roads, schools, clinics and other infrastructure would easily disappear through corruption. The conduct of corruption in some States could not easily be described and judges were not able to punish those corrupt officials or individuals. A good example that he encountered was the case of a museum that was built in his country but the materials in it had disappeared.
GUDMUNDUR ALFREDSSON, Sub-Commission Expert, said this was one of the most important issues under consideration in the Sub-Commission. The questionnaire was very important, and tying it to the Code of Conduct would strengthen its impact. Reference to the United Nations basic rules that had been adopted should be mentioned in the questionnaire as a tool for strengthening it.
YOZO YOKOTA, Sub-Commission Expert, said it was often thought that corruption was not rampant in developed countries; however, it was everywhere, including the developed countries. In his country, for example, a former Japanese official had been involved in corruption through the manipulation of the actual prices of commodities. In the developing countries, they were not only the politicians who were corrupt; the level of the corruption might vary. That phenomenon also affected developed countries. Some UN officials in the peacekeeping area had been corrupt and they were found guilty. The kind of corruption did not involve money but sexual favours. The Secretary-General was quick to redress the situation although the outcome was not yet known. Ms. Mbonu should also include in detail corruption practices in international organizations, including the United Nations.
EL HADJI GUISSE, Sub-Commission Expert, said earlier he had heard Mr. Sorabjee and other colleagues speak about corruption at the level of civil servants, but he would like to ask the Special Rapporteur to ask some questions in the questionnaire about salary levels in every country, as there were some countries where the latter were a pittance, so the civil servant was always exposed to the possibility of corruption, while the elite could afford all the luxuries that they might wish. This contrast predisposed people towards corruption.
MOHAMED HABIB CHERIF, Sub-Commission Expert, said corruption was a serious scourge in any society. It created privileges to some if the situation was not checked in time. The instance of corruption of civil servants, law-enforcing agents and other officials had given rise to concern. Effective means of State administration were the only means to fight the practice of corruption. Non-governmental organizations could be of great help in the fight against corruption by exposing the situation. Corruption was also an impediment to the right to development, including to the enjoyment of economic, social and cultural rights. Through her study, Ms. Mbono should seek methods of effectively tackling the problem of corruption and to wipe off that phenomenon.
ANTOANELLA-IULIA MOTOC, Sub-Commission Expert, said this was one of the most important reports before the Sub-Commission, as corruption affected a broad section of human rights. The report should be continued, as corruption was as much an issue for developed as for developing nations. There were different forms and manifestations of corruption, but it was the life of the average human being that was affected. Life itself could be threatened by corruption. Some colleagues had indicated that corruption was very much encouraged by the practices of multinational companies, which used various means to improve their efficiency, becoming accomplices to corruption. The multinationals should perhaps be addressed in order to encourage them to respect the anti-corruption laws.
In developing countries, corruption had particular effects, weakening the rule of law, and this could be seen in the countries of the ex-Soviet bloc, where the transition had weakened the State. International organizations had certain criteria which could be used to eradicate corruption. Once a legal system had been weakened over a period of time, it was difficult to prove that corruption took place, and measures should be taken in this regard. To combat corruption, there was a need to start with the judiciary and the police forces, and to ensure that they were not open to corruption. The Special Rapporteur should also examine the issue from the perspective of the United Nations, and examine not just the impact within the organization, but also on various States. Ms. Mbonu should continue her work, and it was hoped she would work with the new Expert Group, as this was a very important topic.
SOLI JEHANGIR SORABJEE, Sub-Commission Expert, said that bribes paid to some officials in the developing countries were considered as legitimate business expenses in some Western countries. He asked if Ms. Mbonu discussed such practices.
CHRISTY EZIM MBONU, Sub-Commission Expert, in concluding remarks, said that she was overwhelmed by the reaction of the Experts to her paper. Many fundamental issues had been raised which she intended to include in the final paper and in the questionnaire, whose goal was to aid States in fighting corruption. Most of the time, States did not dare reply to the questionnaire, but with reminders this could improve, and by that time there would be enough for other States to learn. If 90 per cent of corruption was removed, then 99 per cent of poverty was eliminated, as the money returned to the people. Many countries were fighting to retrieve the money that had been extracted from them by the corrupt, and this was why there was a need for increased cooperation at an international and institutional level.
Ms. Mbonu said she had investigated private sector corruption to a significant extent. The media often acted as whistleblowers with regards to corruption. This second progress report did not dwell on corruption and its manifestations, this was covered in the previous papers. Instead, it itemised what each State was doing to fight corruption. A problem was that the corrupt fought back. Ms. Mbonu had completely covered the issue of the judiciary in previous papers, and was surprised she was still being asked questions in this regard. When the judiciary was corrupt, then the poor had no faith in it. The money was slowly trickling back from certain sources to the countries from which it had been extorted.
Document on Extreme Poverty
A report (A/HRC/Sub.1/58/16*) entitled implementation of existing human rights norms and standards in the context of the fight against extreme poverty, which is the final report submitted by José Bengoa, Coordinator of the Ad Hoc Group of Experts, contains an assessment of the activities carried out during the work of the group. The report builds on the preliminary working paper submitted at the fifty-fifth session (E/CN.4/Sub.2/2003/17) and the two interim working papers submitted at the fifty-sixth and fifty-seventh sessions (E/CN.4/Sub.2/2004/25 and Add.1 and E/CN.4/Sub.2/2005/20 and Add.1). Pursuant to resolution 2004/7 of 9 August 2004, in which the Sub-Commission requested the Ad Hoc Group of Experts to prepare a final report at the fifty-eighth session on the need to develop guiding principles on the implementation of existing human rights norms and standards in the context of the fight against extreme poverty, and on the basis of consultations with organizations of the poor and of people involved with poverty-related matters, and also with international agencies and specialized non-governmental organizations, the Ad Hoc Group of Experts has prepared a set of guiding principles entitled “extreme poverty and human rights: the rights of the poor”, which is contained in the annex to the report.
Statements on Report on Extreme Poverty
JOSE BENGOA, Sub-Commission Expert, introducing the final report on the joint working paper on the need to develop guiding principles on the implementation of existing human rights norms and standards in the context of the fight against extreme poverty (A/HRC/Sub.1/58/16), said the report was a collective work of five Sub-Commission Experts and in which NGOs had made their contributions. States and other organizations had also been involved in the work. The University of San Paolo had also been of great help in the work, including other distinguished experts. The work, although it was a result of intellectual cooperation, reflected the reality of poverty and the human rights situation. The document before the Sub-Commission was divided into sections, in which poverty and human rights were dealt with. It constituted a synthesis of several years of work. The guidelines and principles in dealing with extreme poverty and human rights had been highlighted in the document.
Some of the principles laid down in the document focused on discrimination against the poor. It gave a rich vision on the relationship between poverty and human rights. Poverty was related to responsibilities and obligations, which the document stressed on the definition of responsibilities of States. On the ground, direct testimonies had been collected from the individuals affected by poverty. The five members of the group did not include the work done by the Social Forum. He hoped that the document would be approved in a resolution and send to the Human Rights Council.
GUDMUNDUR ALFREDSSON, Sub-Commission Expert, said the document on the guiding principles was a first draft, and he was in full agreement with the majority of the principles and suggestions, although he had brought up earlier a number of questions and comments with regards to the draft, hoping some would be included in a later version of the principles to be included as an annex to the draft resolution which would be considered during the session. There were some instruments, such as the Convention on the Elimination of Racial Discrimination, which suggested that this should be penalised, but he did not think that all forms should be punished to the degree suggested in the text. Some particularly strong language in the text appeared to give the poor more rights than other members of society. This would in effect remove discrimination, but went too far in the other direction.
Referring to a mention of the right to employment, Mr. Alfredsson asked what was the difference between this and the right to work. Much work had been done by the Ad Hoc Group, and they deserved commendation in this regard.
ANTOANELLA-IULIA MOTOC, Sub-Commission Expert, said that the report was a successful work that had required the help of States and organizations. Some non-governmental organizations had also been involved in the study. There had been a dilemma encountered in drafting the guidelines and principles. The work started with the document of the declaration on the poverty and the text had been of great value to start the work. The text reflected the existing state of human rights at the Sub-Commission level. The Sub-Commission had some texts of a militant nature which were not formalized in a legal context. In working with NGOs and working in the field, the result would be a militant approach; and instead there should be legally formalized texts. On the issue of extreme poverty, there could not be any parallel legal norm to be set up.
IBRAHIM SALAMA, Sub-Commission Expert, said that the topic was fundamental and strategically important. This approach was cross-sectoral, and a very useful utilisation of the notion of guidelines, bringing something to practitioners that they could apply effectively, and it included the Millennium Development Goals in attempts to reduce poverty and come out of it. Although it was excellent from the starting point, it hesitated between the political statement, and the normative approach from a legal point of view. If the Sub-Commission believed it was too fundamental and strategic, it should not send it to the Human Rights Council, but to the Sub-Commission’s successor body. Whilst waiting for the latter body, NGOs and civil society should be asked to contribute to the draft.
Right of Reply
SARALA FERNANDO (Sri Lanka), speaking in exercise of the right of reply to an issue raised under the consideration of item 2, said an NGO, International Educational Development, using rather familiar tactics of naming and shaming from the discredited Commission, had spoken of certain matters in contradiction with the spirit of constructive discussion that was prevailing. This referred to the aid provided to survivors of the Tsunami. The Government had provided aid to all, as had been made clear in a recent report. With regards to the recent upsurge in violence, this was due to the Tamil Tigers who, by illegally blocking the gates of a Government reservoir, had denied water to a number of people, and the Government had had to act to preserve the lives and livelihoods of these last. The Government had condemned the recent unprecedented attack on foreign workers, and also wished to emphasise that the security forces had not launched any offensive, and any action was purely defensive in response to the offensive actions of the Tamil Tigers.
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