SUBCOMMISSION BEGINS DEBATE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS

AFTERNOON


HR/SC/99/10
11 August 1999




The Subcommission on the Promotion and Protection of Human Rights completed this afternoon a two-day discussion of racial discrimination and began its annual consideration of economic, social and cultural rights.

Working papers or studies by Subcommission Experts and Alternate Experts were introduced on the topics of the right to education, human rights as the primary objective of international trade and finance, and the activities of transnational corporations.

Expert Mustapha Mehedi said education must be considered a civil right and a political right, as well as an economic, social and cultural right. He detailed four main aims of education -- development of the human personality, the strengthening of human rights, the capacity for everyone to become a member of civilized society, and the development of an understanding of racial and religious intolerance.

Expert Joseph Oloka-Onyango and Alternate Expert Deepika Udagama, who co-authored a paper on international trade as a focus of human rights, said the current international system of trade and finance was having harmful effects on developing countries, destroying opportunities and livelihoods, harming the environment and causing unacceptable levels of exploitation.

Expert El-Hadji Guisse said in reference to the report of a sessional working group on transnational corporations that the group had decided to ask certain United Nations agencies for help with its work. He also stressed that the work should be done without conflict.

Earlier, representatives of a series of countries spoke in opposition to various forms of racial discrimination. Pakistan and Iran each referred to "Islamophobia", while others nations -- as well as a representative of the International Labour Office (ILO) -- lamented discrimination against migrant workers.

Countries addressing the Subcommission were the Former Yugoslav Republic of Macedonia, China, Turkey, Mexico, Pakistan, and Iran.

Non-governmental organizations (NGOs) addressing the session were American Association of Jurists; Association of World Citizens; and International Movement against All Forms of Discrimination and Racism. A representative of the International Labour Office also spoke.

The Subcommission will reconvene at 10 a.m. Thursday, 12 August, to continue its discussion of economic, social and cultural rights.

Documentation

Before the Subcommission under its agenda item on the realization of economic, social and cultural rights was a working paper submitted by Expert Mustapha Mehedi (E/CN.4/Sub.2/1999/10) on the content of the right to education, which discusses the right to receive a "good education" with an outline of some of the basic indicators related to that; the paper also explores the implementation of the right to education, including a look at the right to education as a social right, as a "freedom-right" and as a collective or “solidarity” right.

There was a working paper submitted by Subcommission Expert Joseph Oloko-Onyango and Alternate Expert Deepika Udgama (E/CN.4/Sub.2/1999/11) on human rights as the primary objective of international trade, investment and finance policy and practice, which provides an overview of the relationship between human rights and international trade, showcases some relevant human rights instruments, discusses critical multilateral and regional institutions, and offers conclusions and recommendations.

There was a updated study submitted by Asbjorn Eide (E/CN.4/Sub.21999/12) on the right to adequate food and to be free from hunger, which discusses the issues and the mandate for his study, focuses on malnutrition and human rights -- the dimensions, consequences and emerging issues -- and reviews commitments made at the World Food Summit and their follow-up. The study also clarifies the right to food and nutrition and corresponding State obligations, and focuses on ways to ensure freedom from hunger and to implement the right to adequate food at the national level.

There was a report of the Secretary-General (E/CN.4/Sub.2/1999/30) on promoting the right to development in the context of the United Nations Decade for the Elimination of Poverty (1997-2006), which contains descriptions of the actions of relevant United Nations bodies and agencies to help promote the right to development. It reviews the development efforts, among others, of the United Nations Institute for Disarmament Research (UNIDIR), the International Trade Centre (ITC), the International Maritime Organization (IMO), the World Health Organization (WHO), the Economic Commission for Latin America and the Caribbean (ECLAC) and the United Nations Centre for Human Settlements (UNCHS/Habitat).

In addition, there was a report of the sessional Working Group on the working methods and activities of transnational corporations (E/CN.4/Sub.2/1999/9), which elaborates the activities of transnational corporations; present standards and standard-setting activities; and offers conclusions and recommendations on the subject and recommendations for future work of the Working Group.

Statements

GIORA MORINO FONTER, of International Labour Office (ILO), said the activities of the ILO aimed at providing support to migrant-sending and migrant-receiving countries in order to help them deal with current policy concerns, cooperate in the recruitment and return of migrant workers and improve the protection of migrant workers and members of their families. The promotion of ILO standards concerning migrant workers was a prominent feature of all activities undertaken.

The appointment of the Special Rapporteur on the human rights of migrants was welcome, since this would be a valuable opportunity for the UN to draw international attention to the problems of marginalization, discrimination, exploitation and abuse which migrants faced across the globe, and to work towards one of the common goals of the UN system -- upholding the basic human rights of all individuals, including migrant workers and their families.

EIENA ANDREEVSKA (Former Yugoslav Republic of Macedonia) said that effective measures to combat racism were needed, and human-rights education should be promoted. The international community needed to treat human rights fairly. The European Community, in 1993, had adopted a strong human-rights document which also set down a useful definition of racism.

Macedonia believed that there was a strong link between democracy, positive development and human rights, as they promoted stable societies and helped combat ethnic tensions. Human rights constituted a common human language and allowed people to direct their own destinies.

QIAO ZONGHUAI (China) said the delegation fully endorsed the convening of a World Conference against Racism and Racial Discrimination in 2001. It hoped that the parties concerned could reach agreement on such substantive matters as the function and agenda of the Conference, and thus start the overall preparatory process.

China was a unified nation with many ethnic groups. The population of its 55 minority groups amounted to 108 million, accounting for 8.98 per cent of the total population of the country. Tibet was an inalienable part of China, and that was an internationally recognized fact. This year marked the 40th anniversary of the launching of democratic reform in Tibet. After the Tibetan people had shaken off the oppression of the old Chinese Government, they radically overthrew the dark feudal serfdom under which they had suffered, a system similar to the system of the Medieval Ages in Europe. Now the Tibetan people were equal members in the big family of the Chinese nation. They could enjoy and exercise not only the whole range of rights provided in the Constitution, but also various special rights in accordance with the Chinese system of ethnic autonomy. Recently, some separatists, ignorant of reality and of fundamental changes in Tibet, had attempted to split Tibet from China under the so-called pretext of protecting human rights and seeking a high degree of autonomy. This effort had been strongly opposed by all the Chinese people, including the Tibetan people.

BULENT MERIC (Turkey) said racism, racial discrimination, xenophobia and other related forms of intolerance continued to exist and even grow by adopting very subtle new forms, despite the best efforts of the international community. Racism was the product of a certain cultural setting; it was seen in some parts of the world and not in others.

Therefore, the claim that racism occurred everywhere under some form or another was not tenable. Racism had no cause, despite claims to the contrary. The most evident feature was the innocence of the person victimized. One of the vulnerable groups suffering from racism was migrant workers and their families. The Subcommission should pay more attention to their plight, and should develop some concrete, preventive and remedial proposals based on observations from all over the world.


ALEJANDRO NEGRIN (Mexico) said the Mexican Government was concerned about the welfare of migrants and refugees. Over 20,000 Guatemalan refugees had recently decided to remain in Mexico. As a matter of policy, Mexico expected its citizens working outside the country to be accorded the same rights as those living permanently in a country. The recently appointed Special Rapporteur was needed to investigate violations of the human rights of migrants.

Migration brought about as a result of natural disasters was also to be studied. The trend towards xenophobia and racism, and towards blaming migrants for a variety of problems, was a matter of growing concern.

TEHMINA JANJUA (Pakistan) said racism, racial discrimination, xenophobia and related forms of intolerance were on the increase, despite strenuous efforts by the international community to combat them. New forms of discrimination such as Islamophobia were being witnessed even as some old forms such as apartheid had been eliminated. The Internet had become the perfect vehicle for spreading messages of hate and racial superiority. It had allowed isolated extremist groups to seek support and material from others like them in different countries, and to organize and propagate their messages to very large audiences.

It was known that the Kashmir dispute was not a race-based issue. The Indian NGOs, who had never really bothered to let the truth stand in their way, had only one objective -- to sling mud at Pakistan under every pretext. It was certain that the same old wild and unsubstantiated accusations would be levelled against Pakistan by this pack of paid Indian NGOs. Any objective observer could have noticed that the statements made by these GONGOs (Government-organized NGOs) were not only targeted against one country, but had the same texts with slight modifications from the ones used by the same groups before the Commission. How long would the Subcommission allow such dubious NGOs to continue to abuse its time and patience?

FARHAD MAMDOUHI (Iran) said the end of the Cold War had been followed by an eruption of ethnic and racist conflicts and hatreds that had been held in check by the ideological struggle between East and West. Racism, racial discrimination and xenophobia, which originated from doctrines of racial superiority or exclusivity, were progressively taking place in segments of some societies, perpetrated by individuals or groups. The phenomenon continued to increase, despite efforts by the international community to improve protection of vulnerable groups or individuals.

Muslims, among other groups, were increasingly targets of racist and xenophobic attacks. Racism should be considered the most serious violation of human rights and should be combatted by all means. States should review and revise domestic policies with a view to eliminating all racist discriminatory policies and practices and should take all necessary measures and affirmative action against incitements to racial hatred.

FAN GUOXIANG, Subcommission Expert, said the concept of affirmative action in Asian societies did not exist. There, people accepted that women and old people needed care, understanding and support from both Governments and societies. Women needed to be given respect, their special needs considered. The same held true for minority groups who, in the past, had been subject to discrimination. In China today, minority groups were given special treatment; no one thought that this preferential treatment was improper. Some countries gave legal protection to underprivileged groups; this was correct.

Racial discrimination was evident everywhere; the phenomenon needed to be xposed and studied so that the most offending countries would not try to hide or forget the abuses committed. Many efforts were made to combat racism, but not all the problems of a country were open for criticism and review by the outside world.

HALIMA EMBAREK WARZAZI, Subcommission Expert, said in reference to the working paper prepared by Expert David Weissbrodt that there was no agreement between the UN and the ILO with respect to the work of migrant workers. The ILO dealt only with the protection of the labour rights of workers; other rights -- civil rights and human rights -- were not the concern of the ILO. It was vital to re-establish a balance between underprivileged groups and privileged groups.

Positive discrimination, which led to measures such as quotas, should not be misinterpreted. It was not just a way of protecting underprivileged groups, but a way of allowing them to pull themselves up by their bootstraps. Positive discrimination was a way to keep within human rights.

LOUIS JOINET, Subcommission Expert, said the relationship between globalization and an increase in racism was clear. Globalization rhymed with Balkanization, and this was linked to racism, which brought on ethnic cleansing. The problem was what action to take. Institutional solutions were required. The common understanding of democracy had changed, and there were other systems. Democracy implied pluralism of opinions, which gave rise to difficulties with single-party systems. In some situations of high tension, pluralism of opinion, which was a basic tenet of democracy, caused problems. However, the issues went beyond this.

The concept of democracy should be adapted to deal with these situations, so as to represent all ethnic groups and opinions. This was not easy, but it was a key to the future. New concepts of democracy should be further explored. Positive discrimination without quotas would be a positive event, but it was impossible. Quotas had both positive and negative facets and varying effects on democracy. If these issues were discussed, then improvements and changes could take place.

DAVID WEISSBRODT, Subcommission Expert, in concluding remarks on his working paper on the rights of non-citizens, said there had been considerable disagreement among Subcommission Experts over certain points. Some said the distinction between citizens and non-citizens was not, in itself, a form of racial discrimination. Any approach to discrimination against non-citizens took into account several critical factors, including different categories of non-citizens -- permanent residents, temporary residents, undocumented aliens, etc.

Migrants were an important category of non-citizen, and this group needed to be included in the study. In addition, the treatment of Roma deserved separate and profound attention from the Subcommission. Roma ordinarily deserved to be considered citizens of the places where they lived, but often they lacked identity documents and so were treated as non-citizens. More study and further consideration of these matters was needed.

MUSTAPHA MEHEDI, Subcommission Expert, introducing a working paper on the right to education, said the paper constituted a more detailed version of a similar study last year. The right to education was transversal, and must be considered a civil right, a political right, and an economic, social and cultural right. The preamble to the Universal Declaration of Human Rights made it possible to see what were the main aims of education -- development of the human personality, the strengthening of human rights, the capacity for everyone to become a member of civilized society, and an understanding of racial and religious intolerance.

There could be no personal development without a person being a part of a balanced society. It was difficult to determine exactly what personal development was, although it must be stressed that education could not help personal development unless it was directed towards personal responsibility and freedom. A main responsibility for education lay with parents, and then there was the responsibility of the State. This obligation was made clear in the Convention of the Rights of the Child.

The right to receive an education did not imply simply access to a school and a desk. It meant an emphasis on quality development, development of responsibility, and development of personal freedom. Free access to systems of training must be guaranteed without discrimination. Free access also meant freedom of choice. There must be a guarantee of a minimum amount of education. Cultural and social differences must be taken into account.

JOSEPH OLOKA-ONYANGO, Subcommission Expert, introducing a report on human rights as a focus of international trade, investment and finance, said there was a growing belief that multi-lateral regimes of trade, investment and finance should be left to blossom unfettered. This view had it that the world only stood to gain from more trade and investment, and that the establishment of controls over the global free movement of capital was a barrier the world could best do without. These opinions ignored the fact that trade could certainly have harmful effects, could destroy opportunities and livelihoods, could despoil the environment and could lead to unacceptable levels of exploitation.

Central to contemporary regimes of international trade, investment and capital flows should be the overriding objective of promoting and protecting international human rights and of enhancing sustainable human development (SHD) for both individuals and States. Major institutions behind the promotion of liberalized regimes of trade, investment and finance should be made more aware of their human-rights obligations under international instruments. They should internalize and practice the basic principles of human rights.

Since the desire to create an investment treaty on an international level remained, it was important to recall the lessons of the aborted multilateral agreement on investment terminated in December 1998. The second lesson related to substantive issues concerning the place of human rights in relation to trade, investment and human rights. Any multilateral regime that was created should first and foremost be truly multilateral. It should address both human rights and the interests of countries, communities and discrete groups as much as it paid attention to the desires of investors.

DEEPIKA UDAGAMA, Alternate Expert, also introducing the report, said the liberalization of trade, investment and finance was a sacrosanct ideology of multilaterals and multinationals. Their policies were having an important negative impact on social, economic and cultural rights. Multilateral and bilateral investment and trade agreements were blatantly exploitative of developing countries. Governments in developing countries were desperate to attract trade and were trapped into accepting hostile terms and conditions.

The Subcommission had reaffirmed the fundamental principle of the indivisibility of human rights. The biggest challenge facing international human-rights organizations now was to ensure that a human-rights framework was central when formulating and executing policy. The current thinking was that multilateral such as the World Bank and the IMF placed greater importance on their own particular institutional charters than on the Universal Declaration of Human Rights. Human rights were not viewed as an obligation by these organizations but rather were treated as a concession. International economic activities needed to take place within a human-rights framework, with human development as the ultimate goal.

EL-HADJI GUISSE, Subcommission Expert, said last year there had been a proposal to establish a working group to deal specifically with transnational corporations, annd one was established. There were recommendations that asked United Nations agencies to help the working group, and for the effort to be a consensual undertaking. There was no question of conflict -- it was important for all parties to work together.

ZHONG SHUKONG, Alternate Expert, said he had benefited a great deal from reading the papers that had been submitted. The progress made by great numbers of developing countries had been the greatest achievement of the world human-rights cause, with great historical significance. These countries shared a common task of defending world peace and enhancing the spread of human rights. Thanks to their efforts, and to the support of the united people of the developed countries, a series of international instruments had been developed to reinforce human rights, and to enhance their spread.

The most crucial aspect of these instruments was their implementation, which should be as global as possible. For this, the right to development was the key. All developing countries had had to make great efforts to combat poverty within their borders. Achievements had been made, but they had been hampered by international factors in the form of manifestations of the global economic order, which had discriminatory and arbitrary effects on the economies of developing countries and hampered them considerably.

It was necessary to draw the world's attention to the fact that global inequality had been worsening. The North-South gap was constantly widening. The world poverty population had grown considerably. This showed that universal human rights were far from being realized. Without the right to development, no other human right could be realized in developing countries.

GASPAR GLAVICA, of American Association of Jurists, said that access to education was restricted for many. Education on human rights needed to function as a training tool. Television had served to manipulate public opinion. The war in the Balkans was one example.

Africa had been victimized by the incessant fall of international prices for its principal export products and by the paralyzing burden of the foreign debt owed by its countries. There was a great contrast between the colossal fortunes of some and extreme poverty elsewhere. The functioning of transnational corporations enabled a high level of profitability and a high level of competitiveness. Real human development only happened when ordinary citizens were involved in the functioning of the economy.

PIERRE PORRET, of Association of World Citizens, said a few years ago the idea that economic and social problems would become so important that they would surpass problems linked to human-rights violations was already current. The work done by the UN and especially by the Commission on Human Rights and the Subcommission on issues relative to economic and social rights linked to globalization was welcomed.

The establishment of the International Trade Centre was most interesting and promising, and should allow small producers to integrate themselves into commercial circuits that should considerably reduce poverty. Smaller circuits existed on the private level, and were proving effective.

ATSUKO TANAKA, of International Movement Against All Forms of Discrimination and Racism (IMADR), said human-rights education was one way to address specific problems in the Asia-Pacific region. During a conference last year in Osaka, Japan, there had been meaningful discussions on human-rights education strategies in the context of globalization, human-rights empowerment of the oppressed and minorities, and innovations in human-rights education.

During that conference, participants agreed that human-rights education should be relevant to the lives and realities of the communities concerned; that Governments should provide human-rights training for the military and law enforcement officers; and that professional groups -- especially journalists, medical and legal professionals -- needed to enhance human-rights awareness among their members and to ensure that their conduct conformed to human-rights standards. More resources for such efforts were needed.


CORRECTION

Paragraph 7 of page 6 of press release HR/SC/99/8 of 10 August 1999 should read as follows:

V.K. GUPTA, of Indian Council of Education, said that around the globe there continued to be a direct relationship between poverty and colour of the skin. Was that not a form of apartheid at the global level? Immigrants in many developed countries suffered discrimination, and in many countries, the Western liberal democracies included, Constitutional measures and legal statutes prohibiting discrimination were proving to be inadequate. The International Convention on the Elimination of All Forms of Racial Discrimination had been opened for ratification in 1966, but it had taken many States a long time to ratify it. The United States had only recently done so.

Those who believed that a single language, a single culture, or control by a so-called superior or civilized race ensured stability lived in a fool’s paradise. Contemporary conflicts in Kosovo, Rwanda, Burundi, and Afghanistan had flared because people of different religions and ethnic backgrounds were unable to comprehend that the world was meant for all to live in together. When a fundamentalist militant in Pakistan killed a person belonging to another sect of his own religion, when a Muslim mercenary in Indian Kashmir killed a Kashmiri Hindu, he was was giving expression to an ancient sentiment -- that he was better than someone else. Serious efforts were required to combat racism and discrimination in all their forms.

There should be an additional two paragraphs reading as follows:

DEANNA MARROW PATTY, of Interfaith International, said the best way to fight racism was to fund the World Conference on Racism. Some nations had been quick to give funding. Proper funding allowed for planning, implementation and participation. It was to be hoped that the remaining funding would quickly come forth.

The next step in ridding the world of the scourge of racism was for all countries to ratify the International Convention on the Elimination of All Forms of Racial Discrimination, and all other related conventions and resolutions. Nations should pass legislation to implement those conventions. Ratification should be a goal for ending this millennium; such shameful behaviour as racism should not be dragged into the new millennium.