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Subcommission completes debate on obstacles to development
13 August 1998
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MORNING
HR/SC/98/14
13 August 1998
Discussion of Women's Issues Begins; Report on Traditional Practices Introduced
Allegations about the predations of transnational corporations and the negative consequences of widening gaps in income distribution were voiced again as the Subcommission on Prevention of Discrimination and Protection of Minorities completed this morning its annual discussion of economic and development issues.
Subcommission expert Ahmad Khalifa contended that the worldwide trend was towards a single model of laissez-faire capitalism in which the highest good was profit. The trend was damaging traditional balances established between economics and social benefits and was destroying local and regional economies that overall had been better for most of the people connected with them.
A representative of the non-governmental organization (NGO) Movement Against Racism and for Friendship Among Peoples cited Indonesia as an example of what resulted when unbridled exploitation of natural resources by transnational corporations was combined with Government corruption: the economy was bankrupt, the environment was damaged, indigenous peoples had been deprived of their lands and cultures, and the country's poor were left with the mess. Now, when it was too late, he charged, the International Monetary Fund was expressing concern about corruption.
Observers of Sudan and the Libya Arab Jamahiriya complained of the effects on development of economic sanctions.
Towards the end of the meeting the Subcommission took up its agenda item on "the implementation of human rights with regard to women". Subcommission
expert Halima Embarek Warzazi introduced a follow-up report on traditional practices affecting the health of women and the girl child.
Subcommission experts or alternates Miguel Alfonso Martinez, Louis Joinet, José Bengoa, Asbjorn Eide, and Erica-Irene A. Daes also spoke at the morning session. A representative of Mexico also addressed the meeting.
Representatives of the following NGOs addressed the meeting: Habitat International Coalition; African Association of Education for Development; International Federation of Free Trade Unions; World Muslim Congress; International Organization for the Elimination of All Forms of Racial Discrimination; and Women's International Democratic Federation.
Brazil, Pakistan and Nigeria spoke in exercise of the right of reply.
The Subcommission will reconvene at 3 p.m. to continue its discussion on the human rights of women.
Documentation
Human Rights with Regard to Women
Under this item, the Subcommission considered a second follow-up report (E/CN.4/Sub.2/1998/11) on the situation regarding the elimination of traditional practices affecting the health of women and the girl child, prepared by Subcommission expert Halima Embarek Warzazi. It notes that in 1997 and 1998, harmful traditional practices were referred to in a number of press and other media articles and comments; that in the United Arab Emirates, 30.8 per cent of girls aged between 1 and 5 had undergone excision; that in south east Asia as a whole it is estimated that some 60 million girl children have been suffocated or poisoned by their parents; it expresses reservations concerning the approach of some European courts to the issue of female circumcision, noting that one of the fundamental principles of efforts to combat traditional practices is the need for prudence and tact; it welcomes the decision taken by the Egyptian Council of State on 28 December 1997, which states that "Circumcision of girls is not a right of the individual under the Sharia... Nothing in the Koran authorizes it". The report notes with regret the lack of replies to a questionnaire from Governments, particularly from those most concerned by harmful practices, and calls for national and international determination and generosity as the price to be paid for the elimination of traditional discriminatory practices.
Statements
MIGUEL ALFONSO MARTIINEZ, Subcommission expert, said that the realisation of economic, social and cultural rights had been a subject of interest to the Subcommission since it had been established. He shared the views that were expressed by Subcommission expert Asbjorn Eide who had stressed rightly the question of the indivisibility and interdependence of human rights, and particularly the fact that in the United Nations system there was no categorisation that would prioritise one right over another. In the Universal Declaration of Human Rights, there was no right that was held to be more important than others. Mr. Eide and fellow Subcommission experts José Bengoa and El Hadji Guissé were to be thanked for their studies.
Mr. Bengoa's report was an extremely good report that demonstrated the importance of where the new neo-global liberalism was taking them, and was substantive on problems concerning the possibility of realising economic, social and cultural rights around the world, Mr. Martinez said. In fact, the substantive nature of the five reports showed clearly that the proposal for the Subcommission to function as a think tank in a two-week period was totally invalid. Mr. Bengoa had devoted his study mainly to neo-liberal globalization, and the issue of how globalization was linked to deterioration of the main indicators of human life on the planet deserved careful consideration. From 18 to 23 January 1999, there would be a world forum on the question of globalization in Cuba, and this would be the only forum on this subject. It was obvious that the concept of the new world order had a number of consequences that belied the optimism that had existed at the end of the Cold War. None of the problems facing humanity had been solved as a result of the fall of the Berlin wall. The problem of imbalance of income was not exclusive to underdeveloped countries. Mr. Bengoa had also spoken about a problem that needed to be gone into in greater depth: the judicial and legal systems in each country. How could Governments, especially in the third world be asked to fulfil their obligations with regard to some human rights when it was increasingly evident that it was hard for them to cover their elementary expenditure.
LOUIS JOINET, Subcommission expert, said he approved of the five reports of his colleagues, Mr. Guissé, Mr. Bengoa and Mr. Eide. The United States and China had spoken about the need to balance the work done on economic, social and cultural rights with that on civil and political rights. With regard to the latter, the Subcommission had not undertaken any studies, but rather had produced documents on specific situations - a better balance could perhaps be achieved. It was important to examine specific situations, and not only academic aspects of issues. Mr. Guissé's report on transnational corporations could perhaps be used as an experiment for this re-balancing: specific violations of economic, social and cultural rights were linked to the activities of transnational corporations, and it would be useful to examine specific situations. One example of this could be Myanmar where opposition leader Aung San Suu Kyi had denounced the role of Total. An examination of the role of this company had been undertaken by the International Federation of Human Rights. If the Subcommission were to continue to undertake theoretical studies, it was important to look at specific situations of economic, social and cultural rights not just civil and political. It would also be useful to revise the wording of item 4 "the realization of economic, social and cultural rights" so that it would be more consistent with the title of Item 2 "Question of the violation of human rights and fundamental freedoms, including policies of racial discrimination and segregation and of apartheid in all countries...".
AHMAD KHALIFA, Subcommission expert, said the report on transnational corporations (TNCs) was to the point; he had had some sense of the issues raised when he was Special Rapporteur on apartheid, when the economy was 100 per cent white but drew heavily on the sweat of black Africans; that was very handy for the TNCs, which were as always dedicated to earning the very highest profits. TNCs claimed they were enriching lives, but in fact they were enriching their stockholders and their top executives who earned obscene salaries. He agreed that continued work as proposed should be done on access to drinking water and the right to food; water was a subject that had gained importance and momentum in recent years; some researchers had predicted a "water war" in the future, because of its scarcity.
As for the study on human rights and income distribution, Mr. Khalifa said it dealt effectively with an important and controversial issue; there was a trend towards binding the world in a system of laissez-faire capitalism; George Soros said there was an affinity between this ideology and Marxism, believe it or not -- both claimed scientific validity and an understanding of the highest aim of mankind -- and in the case of laissez-faire capitalism it posited that the highest good was profit; Soros noted that such convictions in the case of Marxism had led to a backlash. Europe at least had tried to maintain a balance between economics and social priorities, but that model seemed to be losing ground to the American fixation on profit and individual self-interest above all. Apart from this damage, imposing a single global economic model undermined local and regional cultures and histories; it also destroyed local economies and innovations more fitting for the prevailing circumstances.
JOSE BENGOA, Subcommission expert, said that the number of studies under item 4 demonstrated the importance of this issue in the work of the Subcommission, and for this reason, it was important for future meetings of the Subcommission to make progress on this subject. This was the idea behind the Social Forum - it would enable longer consideration of important issues. One of the main shortcomings of the way that the issues had been discussed was that the approach to economic, social and cultural rights was too academic, but if this approach was combined with an examination of the violations of these rights, the position would be different. It would be positive if the experts who had written papers on economic, social and cultural rights could draft a resolution revising item 4 so that it would cover violations of economic, social and cultural rights in specific countries. This would make it possible to give a more important and interesting dimension to this topic.
ASBJORN EIDE, Subcommission expert, said it was important to discuss further the obligations of States in the developing world to promote economic, social and cultural rights, as mentioned by Subcommission expert Miguel Alfonso Martinez; it was true that they had constraints, but nonetheless they had to take some of the responsibility for overcoming this problem. He also agreed that progress was needed on how to quantify violations of economic, social and cultural rights. He felt that, as Mr. Khalifa had argued, it was not very wise to start downsizing States; it was perhaps fashionable to downgrade the role of States, but there could be no human-rights protection without strong and accountable States -- without this protection, average people were left prey to market forces and large international economic actors. On the other hand, States might have to reform themselves to handle their responsibilities more capably; they needed not to disappear but to make themselves more effective.
MILOON KOTHARI, of Habitat International Coalition, in a joint statement with Lutheran World Federation and Food First International Network, said that the headlong rush over the past decade to create a world where capital, goods and services were allowed unfettered freedom of movement had resulted in the creation of a comprehensive international legal regime for the benefit of trade, investment and finance; this was undermining a more fundamental international legal regime governed by international human rights instruments and mechanisms. This trend was typified by the draft Multilateral Agreement on Investment (MAI) currently being negotiated at the Organization for Economic Cooperation and Development (OECD). Essentially the MAI favoured the rights of transnational investors over the rights of workers, consumers, communities and the environment. A study by the International NGO Committee on Human Rights in Trade and Investment had found that four principles of human rights were under threat by the MAI: the primacy of human rights; non-retrogression; the rights to an effective remedy in the appropriate forum; and the rights for participation and recourse of affected individuals and groups. The Subcommission was the body best placed to undertake a study on the ways and means in which the primacy of the international human rights system could be integrated into the forums that debated and articulated multilateral and regional trade, investment and finance instruments, and this study could also focus on the human rights impact of the MAI.
JUSFIQ HADJAR, of Movement Against Racism and for Friendship Among Peoples, said TNCs and corrupt politicians were still getting their hands on the natural resources of indigenous peoples and the poor of the developing world; an example was Indonesia, which had oil, natural gas, gold, and timber; furthermore, the enemies of the military and the opponents of multinationals had been purged in a series of massacres in the mid-Sixties; that took care of labour unions and Communists, allowing the predators to rush in. The looters were not all foreigners, but also nationals, such as the family of Suharto; few Indonesian leaders were not involved in shady forms of trading and influence. There was a "king of paper" who had literally burned his way through Borneo to provide the world with cheap paper. Eventually the consequences had come home to roost -- the economy was bankrupt, everyone was washing their hands of the place, and the people were left with the mess. Now, when it was too late, the International Monetary Fund said it was concerned about corruption. But Freeport, Total, and other transnationals would continue to plunder the country's natural resources, since nothing had been done to subject these TNCs to the control of Indonesians.
ERICA-IRENE DAES, Subcommission expert, said that there was an alarming increase in racism, xenophobia and related intolerance in many countries. Despite the measures that were being taken by the United Nations and certain countries, the situation in those areas was cause for concern. Further studies were needed on how the Internet was being used to spread racial hatred, and on how it could instead be used for human rights education. The procedure for convening a world conference on racism, racial discrimination and xenophobia should be completed as soon as possible. A number of important points had been raised by experts in their statements, especially David Weissbrodt and Mr. Khalifa. They could in practise replace the concept of xenophobia by the concept xenophilia which meant friendship to aliens.
The comprehensive analysis of Mr. Guissé in his report on the water problem, and its impact and relationship to human rights justified the proposal for a study to be undertaken by the Subcommission. Mr. Bengoa deserved appreciation for his final report and the Addendum to the report. It was necessary to underline that the contemporary world community was characterised by globalization. Developing countries continued to face difficulties in their attempts to participate fully. Despite their efforts, they might be excluded from enjoying the benefits of globalization. The present international economic order prevented some countries from establishing the economic, social and cultural environment that would effectively protect the human rights of their citizens. Financial institutions had to participate in the effort for integral development. Human rights were universal and should be guaranteed to all persons, and a strategy for ensuring the right to development should be elaborated by the bodies of the United Nations. Mr. Mehedi and Mr. Eide also deserved congratulations for their papers.
GHENNET GIRMA, of African Association of Education for Development, said that developing a common legal code to make it clear when economic, social and cultural rights were violated would help the world's poor attain their rights; the question of transnational corporations was more relevant than ever; the accelerated penetration of the global economy and corporations at all levels of domestic life, and the abrogation of the role of the State with its programmes and institutions for protecting the national welfare, made it necessary for human-rights organizations to link together and help the poor. TNCs had wide presence in telecommunications, transport, banking, and other sectors, and were in a position to block any moves towards respect for human rights. The most vulnerable victims needed to be identified -- for example, those who had toxic waste dumped in their regions; in regions where Government structures had collapsed there was no way a country could protect itself, and at times, unfortunately, misery and corruption combined. Access to drinking water struck close to home for the most vulnerable of all -- women; their education suffered because young girls spent most of their time obtaining water.
ANNE BIRD, of the International Confederation of Free Trade Unions (ICFTU), said that the goal of economic, social and cultural rights could not be fully achieved unless all the actors in the economic arena had the right to freely express themselves in a democratic environment. While article 23 of the Universal Declaration on Human Rights stated that "everyone has the right to form and to join trade unions", this was not true in many countries where violations of human and trade union rights were increasing. There was no part of the world immune from infringement of workers' rights; Colombia still held the record of the most dangerous country for trade unionists, with 156 activists murdered in 1997. The fall of Asian economies demonstrated that without real democracy and equal social partnership, the capitalist model would undergo an inevitable crisis. Problems were still in evidence in Western Europe. The ICFTU was pleased to note that at the World Trade Organization ministerial Conference held in Geneva in May 1998 world leaders had called for trade ministers and the World Trade Organization to include the issue of trade and labour standards in their work. All over the world minimum labour standards, including freedom of association, the right to collective bargaining, and minimum age for employment should be observed.
TAHIR MASOOD, of the World Muslim Congress, said much remained to be done to implement the right to development -- statements had to be replaced by action. People under colonial domination suffered doubly; they were victims of the occupying power at one level and of an inequitable international economic system at another; Indian-occupied Jammu and Kashmir was an example. For 50 years, Kashmiris had been deprived of economic, social and cultural rights; the wealth of Kashmir had been ruthlessly plundered by India; its economy lay in shambles; its famous carpet-making industry lay in ruins, its timber was exported but next to nothing of the proceeds made its way back to Kashmir; every effort had been made to ensure that Kashmiris remained a backward and deprived people. The Subcommission must send a clear message to the occupying power that Kashmiris must be granted their rights.
MR. SHARAFELDDIN, of the International Organization for the Elimination of All Forms of Racial Discrimination, said that the some advanced nations had taken advantage of the situation in which less advanced nations found themselves which resulted in instability in world affairs. The general sense of injustice and oppression had led some groups from developing nations to migrate in unrestrained numbers to the developed world with negative consequences for both the migrants and the populations with which they had to be integrated. It had also led some groups to an angry display of hostility resulting in violence and terrorism. These human tragedies afflicting innocent people would reoccur as long as the United States' foreign policy continued its tyranny against helpless nations and their people. The persisting sanctions against the people of Libya, Iraq and Sudan was an example of the United States' reckless disregard of the deprivation and suffering of the people of these nations. The focus should not be on ethnic, religious and racial symptoms, but rather on underdevelopment. The developing world needed the means to develop and progress and this could only be achieved through education. Resolutions should be passed providing for foreign aid to be used only for education. The veto exercised by the superpowers should be subservient to the rulings of the International Court of Justice.
AIDA AUELIA, of the Women's International Democratic Federation, said it was true that poverty was being feminized; it could be seen throughout the Third World and was beginning to be seen in the developed countries; the "global imperial era", as Chomsky called it, was bringing about an international system of trade in which States were minor players while corporations did the planning and major decision-making; the leading class in the world decided for everyone and was capable of anything against its opponents -- it killed and destroyed; that was certainly the case in Latin America. Korea and Taiwan were brought into the global economy with carefully scripted agreements barring unions and worker's rights; when workers tried to rebel, they were killed and imprisoned. TNC products from the Asian countries, where workers had abysmal pay and conditions, now flooded into Latin America, undermining local industries; other consequences involved women who were kept by poverty and dire need from going to school; in Afghanistan the Taliban movement had deprived women of literally all their rights, including their economic rights; in other countries women had to have permission from their husbands or male family members to work. In other places States had handed over territories to multinationals, in effect; laws did not apply; there were even "sweatshop ships" where women worked in conditions that were nothing less than slavery.
ALI MAHMOUD (Sudan) said that the lack of progress in the right to development and eradication of poverty was deeply disappointing. Globalization entailed risks and challenges particularly for developing countries. Globalization had so far failed to accelerate the development of developing countries. The right to development was sacred, and it was time for a dialogue to identify how to safeguard against further sidelining of developing countries. The Commission on Human Rights had rejected the application of unilateral coercive measures as tools for political or economic pressure against any country (Resolution 1998/11). In Sudan, children, women and the elderly were paying the price of these uncalled for measures, and the delegation urged the members of the Subcommission to take note of the implications and negative effects of these measures. The Government of Sudan reaffirmed its willingness to cooperate with the international community to better the lives of its people.
HAJAT EL-HAJJAJI (Libyan Arab Jamahiriya) said among obstacles to development were unfair economic sanctions imposed on countries, which especially affected vulnerable people such as women, children, and the elderly. Libya had been subjected to such sanctions; to mitigate the effects of these coercive measures, authorities had made every effort to protect human rights. International research bodies had long been warning of the negative effects of the water-supply crisis in the Middle East and North Africa; international efforts were needed to prevent the outbreaks of regional wars over water that could effect peace and security; the importance of water for countries and peoples was a concern for Libya; today conflicts were burgeoning in the Middle East and water sources were the main factor; surface reasons given for these conflicts were false -- the real reason was efforts by outside powers to control water resources; scarcity of water in Libya had shaped the culture and destiny of the country for centuries; over pumping was diminishing aquifers and increasing contamination of water supplies. A major pipeline project was being built to bring inland water to the population.
A.E. PEREZ DUARTE (Mexico) said that its statement concerned item 4d. Mexico was committed to providing education that among other things would promote development for all. Mexico's teaching methods had evolved in accordance with the needs of society, and over the past years a human rights culture had been established in education. This was consistent with the state of law and democracy. To assess the scope of the Government of Mexico's effort on providing school coverage, it could be noted that 28 million pupils were in the national public school system, and 125 million textbooks had been distributed free in 1997. Inequality did exist, and attention had to be paid to the education of women as they were important in bringing up children. Special strategies for handicapped children, the children of rural workers, and indigenous people, were in place, and the Government was also undertaking supplementary educational plans which included services for indigenous groups, and services received by the non indigenous population subject to racism. Mexico worked closely with the programmes of the United Nations Educational, Scientific and Cultural Organization. The national educational programme promoted Spanish, while at the same time protecting and promoting indigenous languages. There appeared to be a party political programme that denied the progress of the Government of Mexico but progress had been made.
HALIMA EMBAREK WARZAZI, Subcommission expert, introducing her report on traditional practices affecting the health of women and children, said replies had been received from Guatemala, the United Kingdom, Israel, Qatar, Mexico, Finland, and Portugal to a questionnaire she had sent out. Given the silence of so many other Governments from which she had sought information on these practices, one wondered if they were indifferent or what explanation was warranted for this lack of response; she wondered in fact what might be being concealed. Fortunately, NGOs, women's organizations, and other enthusiastic members of civil society provided information and worked tirelessly to protect women's health against traditional practices and to support victims of female genital mutilation, among other human-rights violations. Unfortunately, some of the most effective NGOs, including those operating in Africa, also struggled with a shortage of funds. There had been an encouraging declaration by an Egyptian court condemning female genital mutilation and declaring that it had nothing to do with proper practice of Islam; that would certainly help in silencing those who advocated such mutilation on grounds of religion. Religious leaders at a symposium organized by the Inter-African Committee and the Government of Gambia had adopted a proclamation that said neither Islam nor Christianity authorized the destruction of any healthy organ of the body. Progress appeared to be occurring in Kenya where such mutilation in rural areas was substituted for by other rituals marking entry into womanhood that stressed health and self-esteem. In Thailand, commentaries received by her had indicated that the practice resulting in "long-necked women" might be ended if alternate means of a living could be provided to the inhabitants of the village where it occurred; the sad fact was that the village attracted tourist and tourist income because of this practice.
Mrs. Warzazi noted she continued to carry out her studies and research with no outside help or funding; the importance of the subject deserved a more effective dose of resources.
Rights of Reply
ANTONIO PEDRO (Brazil), speaking in right of reply, said the statement yesterday by Franciscans International had not given an accurate picture of Brazil's response and efforts to resolve human-rights difficulties; the country was involved in dialogue at all levels; Brazil was not afraid to speak about human-rights problems, and it was taking action. As for rural violence, impunity and agrarian reform, despite the attacks of the NGO, Brazil did have an agrarian reform programme, and it did settle families and compensate them; it was striving to give sustainable financing to relevant programmes; the Government had fulfilled its objectives within a programme whose size was compatible with financial resources. The current Government had distributed some 10 per cent of the national territory in its agrarian reform programme -- that was larger than the territory of many countries. To reduce violence in rural areas, the Government had punished human-rights crimes and illegal expropriation of land for psychotropic substances, and had taken steps to ensure that police crimes were not tried in military courts. The NGO should approach the Brazilian delegation so that a true dialogue could be held.
MUHAMMAD QAZI (Pakistan), speaking in right of reply said it was with regret that he was taking the floor. NGOs from India had again used item 4 to attack Pakistan. Pakistan had previously asked NGOs from India to look first at their own country. Did these NGOs not know that India had the largest number of homeless people in the world? Had they read the reports specifying the poor levels of health care the Indian Government provided to its people, or the numbers of people who did not have access to drinking water? It seemed that for these NGOs, keeping track of the activities of the Indian Government in Kashmir was not a priority. The Indian occupation forces had destroyed 589 schools or hospitals since 1989. Pakistan did not seek to score points, it just wanted to point out abuses in India, and to suggest to these Indian NGOs that they clean their own house.
CHRIS OSAH (Nigeria), speaking as right of reply said that it wanted to speak on the question of the Ogoni. Some NGOs, in particular, the International Radical Party, had alleged that there were serious human rights violations in Ogoni land on the part of the Nigerian Government and Shell Nigeria Limited. Neither the Nigerian Government nor Shell Nigeria had abandoned their responsibilities in these areas. Shell Nigeria had built roads in Ogoni land, and the Nigerian Government had laid down standards and was doing all it could to ensure that these standards were met. In addition, 13.5 per cent of the profit from oil production was given to the oil producing areas for their development. The new Nigerian Government had dissolved all political parties and the National Electoral Commission. A new Commission had been established yesterday. The Ogoni people had the right to hold different views, as did all Nigerians. Today all Nigerians, had resolved to put the past behind and move the country forward.
HR/SC/98/14
13 August 1998
Discussion of Women's Issues Begins; Report on Traditional Practices Introduced
Allegations about the predations of transnational corporations and the negative consequences of widening gaps in income distribution were voiced again as the Subcommission on Prevention of Discrimination and Protection of Minorities completed this morning its annual discussion of economic and development issues.
Subcommission expert Ahmad Khalifa contended that the worldwide trend was towards a single model of laissez-faire capitalism in which the highest good was profit. The trend was damaging traditional balances established between economics and social benefits and was destroying local and regional economies that overall had been better for most of the people connected with them.
A representative of the non-governmental organization (NGO) Movement Against Racism and for Friendship Among Peoples cited Indonesia as an example of what resulted when unbridled exploitation of natural resources by transnational corporations was combined with Government corruption: the economy was bankrupt, the environment was damaged, indigenous peoples had been deprived of their lands and cultures, and the country's poor were left with the mess. Now, when it was too late, he charged, the International Monetary Fund was expressing concern about corruption.
Observers of Sudan and the Libya Arab Jamahiriya complained of the effects on development of economic sanctions.
Towards the end of the meeting the Subcommission took up its agenda item on "the implementation of human rights with regard to women". Subcommission
expert Halima Embarek Warzazi introduced a follow-up report on traditional practices affecting the health of women and the girl child.
Subcommission experts or alternates Miguel Alfonso Martinez, Louis Joinet, José Bengoa, Asbjorn Eide, and Erica-Irene A. Daes also spoke at the morning session. A representative of Mexico also addressed the meeting.
Representatives of the following NGOs addressed the meeting: Habitat International Coalition; African Association of Education for Development; International Federation of Free Trade Unions; World Muslim Congress; International Organization for the Elimination of All Forms of Racial Discrimination; and Women's International Democratic Federation.
Brazil, Pakistan and Nigeria spoke in exercise of the right of reply.
The Subcommission will reconvene at 3 p.m. to continue its discussion on the human rights of women.
Documentation
Human Rights with Regard to Women
Under this item, the Subcommission considered a second follow-up report (E/CN.4/Sub.2/1998/11) on the situation regarding the elimination of traditional practices affecting the health of women and the girl child, prepared by Subcommission expert Halima Embarek Warzazi. It notes that in 1997 and 1998, harmful traditional practices were referred to in a number of press and other media articles and comments; that in the United Arab Emirates, 30.8 per cent of girls aged between 1 and 5 had undergone excision; that in south east Asia as a whole it is estimated that some 60 million girl children have been suffocated or poisoned by their parents; it expresses reservations concerning the approach of some European courts to the issue of female circumcision, noting that one of the fundamental principles of efforts to combat traditional practices is the need for prudence and tact; it welcomes the decision taken by the Egyptian Council of State on 28 December 1997, which states that "Circumcision of girls is not a right of the individual under the Sharia... Nothing in the Koran authorizes it". The report notes with regret the lack of replies to a questionnaire from Governments, particularly from those most concerned by harmful practices, and calls for national and international determination and generosity as the price to be paid for the elimination of traditional discriminatory practices.
Statements
MIGUEL ALFONSO MARTIINEZ, Subcommission expert, said that the realisation of economic, social and cultural rights had been a subject of interest to the Subcommission since it had been established. He shared the views that were expressed by Subcommission expert Asbjorn Eide who had stressed rightly the question of the indivisibility and interdependence of human rights, and particularly the fact that in the United Nations system there was no categorisation that would prioritise one right over another. In the Universal Declaration of Human Rights, there was no right that was held to be more important than others. Mr. Eide and fellow Subcommission experts José Bengoa and El Hadji Guissé were to be thanked for their studies.
Mr. Bengoa's report was an extremely good report that demonstrated the importance of where the new neo-global liberalism was taking them, and was substantive on problems concerning the possibility of realising economic, social and cultural rights around the world, Mr. Martinez said. In fact, the substantive nature of the five reports showed clearly that the proposal for the Subcommission to function as a think tank in a two-week period was totally invalid. Mr. Bengoa had devoted his study mainly to neo-liberal globalization, and the issue of how globalization was linked to deterioration of the main indicators of human life on the planet deserved careful consideration. From 18 to 23 January 1999, there would be a world forum on the question of globalization in Cuba, and this would be the only forum on this subject. It was obvious that the concept of the new world order had a number of consequences that belied the optimism that had existed at the end of the Cold War. None of the problems facing humanity had been solved as a result of the fall of the Berlin wall. The problem of imbalance of income was not exclusive to underdeveloped countries. Mr. Bengoa had also spoken about a problem that needed to be gone into in greater depth: the judicial and legal systems in each country. How could Governments, especially in the third world be asked to fulfil their obligations with regard to some human rights when it was increasingly evident that it was hard for them to cover their elementary expenditure.
LOUIS JOINET, Subcommission expert, said he approved of the five reports of his colleagues, Mr. Guissé, Mr. Bengoa and Mr. Eide. The United States and China had spoken about the need to balance the work done on economic, social and cultural rights with that on civil and political rights. With regard to the latter, the Subcommission had not undertaken any studies, but rather had produced documents on specific situations - a better balance could perhaps be achieved. It was important to examine specific situations, and not only academic aspects of issues. Mr. Guissé's report on transnational corporations could perhaps be used as an experiment for this re-balancing: specific violations of economic, social and cultural rights were linked to the activities of transnational corporations, and it would be useful to examine specific situations. One example of this could be Myanmar where opposition leader Aung San Suu Kyi had denounced the role of Total. An examination of the role of this company had been undertaken by the International Federation of Human Rights. If the Subcommission were to continue to undertake theoretical studies, it was important to look at specific situations of economic, social and cultural rights not just civil and political. It would also be useful to revise the wording of item 4 "the realization of economic, social and cultural rights" so that it would be more consistent with the title of Item 2 "Question of the violation of human rights and fundamental freedoms, including policies of racial discrimination and segregation and of apartheid in all countries...".
AHMAD KHALIFA, Subcommission expert, said the report on transnational corporations (TNCs) was to the point; he had had some sense of the issues raised when he was Special Rapporteur on apartheid, when the economy was 100 per cent white but drew heavily on the sweat of black Africans; that was very handy for the TNCs, which were as always dedicated to earning the very highest profits. TNCs claimed they were enriching lives, but in fact they were enriching their stockholders and their top executives who earned obscene salaries. He agreed that continued work as proposed should be done on access to drinking water and the right to food; water was a subject that had gained importance and momentum in recent years; some researchers had predicted a "water war" in the future, because of its scarcity.
As for the study on human rights and income distribution, Mr. Khalifa said it dealt effectively with an important and controversial issue; there was a trend towards binding the world in a system of laissez-faire capitalism; George Soros said there was an affinity between this ideology and Marxism, believe it or not -- both claimed scientific validity and an understanding of the highest aim of mankind -- and in the case of laissez-faire capitalism it posited that the highest good was profit; Soros noted that such convictions in the case of Marxism had led to a backlash. Europe at least had tried to maintain a balance between economics and social priorities, but that model seemed to be losing ground to the American fixation on profit and individual self-interest above all. Apart from this damage, imposing a single global economic model undermined local and regional cultures and histories; it also destroyed local economies and innovations more fitting for the prevailing circumstances.
JOSE BENGOA, Subcommission expert, said that the number of studies under item 4 demonstrated the importance of this issue in the work of the Subcommission, and for this reason, it was important for future meetings of the Subcommission to make progress on this subject. This was the idea behind the Social Forum - it would enable longer consideration of important issues. One of the main shortcomings of the way that the issues had been discussed was that the approach to economic, social and cultural rights was too academic, but if this approach was combined with an examination of the violations of these rights, the position would be different. It would be positive if the experts who had written papers on economic, social and cultural rights could draft a resolution revising item 4 so that it would cover violations of economic, social and cultural rights in specific countries. This would make it possible to give a more important and interesting dimension to this topic.
ASBJORN EIDE, Subcommission expert, said it was important to discuss further the obligations of States in the developing world to promote economic, social and cultural rights, as mentioned by Subcommission expert Miguel Alfonso Martinez; it was true that they had constraints, but nonetheless they had to take some of the responsibility for overcoming this problem. He also agreed that progress was needed on how to quantify violations of economic, social and cultural rights. He felt that, as Mr. Khalifa had argued, it was not very wise to start downsizing States; it was perhaps fashionable to downgrade the role of States, but there could be no human-rights protection without strong and accountable States -- without this protection, average people were left prey to market forces and large international economic actors. On the other hand, States might have to reform themselves to handle their responsibilities more capably; they needed not to disappear but to make themselves more effective.
MILOON KOTHARI, of Habitat International Coalition, in a joint statement with Lutheran World Federation and Food First International Network, said that the headlong rush over the past decade to create a world where capital, goods and services were allowed unfettered freedom of movement had resulted in the creation of a comprehensive international legal regime for the benefit of trade, investment and finance; this was undermining a more fundamental international legal regime governed by international human rights instruments and mechanisms. This trend was typified by the draft Multilateral Agreement on Investment (MAI) currently being negotiated at the Organization for Economic Cooperation and Development (OECD). Essentially the MAI favoured the rights of transnational investors over the rights of workers, consumers, communities and the environment. A study by the International NGO Committee on Human Rights in Trade and Investment had found that four principles of human rights were under threat by the MAI: the primacy of human rights; non-retrogression; the rights to an effective remedy in the appropriate forum; and the rights for participation and recourse of affected individuals and groups. The Subcommission was the body best placed to undertake a study on the ways and means in which the primacy of the international human rights system could be integrated into the forums that debated and articulated multilateral and regional trade, investment and finance instruments, and this study could also focus on the human rights impact of the MAI.
JUSFIQ HADJAR, of Movement Against Racism and for Friendship Among Peoples, said TNCs and corrupt politicians were still getting their hands on the natural resources of indigenous peoples and the poor of the developing world; an example was Indonesia, which had oil, natural gas, gold, and timber; furthermore, the enemies of the military and the opponents of multinationals had been purged in a series of massacres in the mid-Sixties; that took care of labour unions and Communists, allowing the predators to rush in. The looters were not all foreigners, but also nationals, such as the family of Suharto; few Indonesian leaders were not involved in shady forms of trading and influence. There was a "king of paper" who had literally burned his way through Borneo to provide the world with cheap paper. Eventually the consequences had come home to roost -- the economy was bankrupt, everyone was washing their hands of the place, and the people were left with the mess. Now, when it was too late, the International Monetary Fund said it was concerned about corruption. But Freeport, Total, and other transnationals would continue to plunder the country's natural resources, since nothing had been done to subject these TNCs to the control of Indonesians.
ERICA-IRENE DAES, Subcommission expert, said that there was an alarming increase in racism, xenophobia and related intolerance in many countries. Despite the measures that were being taken by the United Nations and certain countries, the situation in those areas was cause for concern. Further studies were needed on how the Internet was being used to spread racial hatred, and on how it could instead be used for human rights education. The procedure for convening a world conference on racism, racial discrimination and xenophobia should be completed as soon as possible. A number of important points had been raised by experts in their statements, especially David Weissbrodt and Mr. Khalifa. They could in practise replace the concept of xenophobia by the concept xenophilia which meant friendship to aliens.
The comprehensive analysis of Mr. Guissé in his report on the water problem, and its impact and relationship to human rights justified the proposal for a study to be undertaken by the Subcommission. Mr. Bengoa deserved appreciation for his final report and the Addendum to the report. It was necessary to underline that the contemporary world community was characterised by globalization. Developing countries continued to face difficulties in their attempts to participate fully. Despite their efforts, they might be excluded from enjoying the benefits of globalization. The present international economic order prevented some countries from establishing the economic, social and cultural environment that would effectively protect the human rights of their citizens. Financial institutions had to participate in the effort for integral development. Human rights were universal and should be guaranteed to all persons, and a strategy for ensuring the right to development should be elaborated by the bodies of the United Nations. Mr. Mehedi and Mr. Eide also deserved congratulations for their papers.
GHENNET GIRMA, of African Association of Education for Development, said that developing a common legal code to make it clear when economic, social and cultural rights were violated would help the world's poor attain their rights; the question of transnational corporations was more relevant than ever; the accelerated penetration of the global economy and corporations at all levels of domestic life, and the abrogation of the role of the State with its programmes and institutions for protecting the national welfare, made it necessary for human-rights organizations to link together and help the poor. TNCs had wide presence in telecommunications, transport, banking, and other sectors, and were in a position to block any moves towards respect for human rights. The most vulnerable victims needed to be identified -- for example, those who had toxic waste dumped in their regions; in regions where Government structures had collapsed there was no way a country could protect itself, and at times, unfortunately, misery and corruption combined. Access to drinking water struck close to home for the most vulnerable of all -- women; their education suffered because young girls spent most of their time obtaining water.
ANNE BIRD, of the International Confederation of Free Trade Unions (ICFTU), said that the goal of economic, social and cultural rights could not be fully achieved unless all the actors in the economic arena had the right to freely express themselves in a democratic environment. While article 23 of the Universal Declaration on Human Rights stated that "everyone has the right to form and to join trade unions", this was not true in many countries where violations of human and trade union rights were increasing. There was no part of the world immune from infringement of workers' rights; Colombia still held the record of the most dangerous country for trade unionists, with 156 activists murdered in 1997. The fall of Asian economies demonstrated that without real democracy and equal social partnership, the capitalist model would undergo an inevitable crisis. Problems were still in evidence in Western Europe. The ICFTU was pleased to note that at the World Trade Organization ministerial Conference held in Geneva in May 1998 world leaders had called for trade ministers and the World Trade Organization to include the issue of trade and labour standards in their work. All over the world minimum labour standards, including freedom of association, the right to collective bargaining, and minimum age for employment should be observed.
TAHIR MASOOD, of the World Muslim Congress, said much remained to be done to implement the right to development -- statements had to be replaced by action. People under colonial domination suffered doubly; they were victims of the occupying power at one level and of an inequitable international economic system at another; Indian-occupied Jammu and Kashmir was an example. For 50 years, Kashmiris had been deprived of economic, social and cultural rights; the wealth of Kashmir had been ruthlessly plundered by India; its economy lay in shambles; its famous carpet-making industry lay in ruins, its timber was exported but next to nothing of the proceeds made its way back to Kashmir; every effort had been made to ensure that Kashmiris remained a backward and deprived people. The Subcommission must send a clear message to the occupying power that Kashmiris must be granted their rights.
MR. SHARAFELDDIN, of the International Organization for the Elimination of All Forms of Racial Discrimination, said that the some advanced nations had taken advantage of the situation in which less advanced nations found themselves which resulted in instability in world affairs. The general sense of injustice and oppression had led some groups from developing nations to migrate in unrestrained numbers to the developed world with negative consequences for both the migrants and the populations with which they had to be integrated. It had also led some groups to an angry display of hostility resulting in violence and terrorism. These human tragedies afflicting innocent people would reoccur as long as the United States' foreign policy continued its tyranny against helpless nations and their people. The persisting sanctions against the people of Libya, Iraq and Sudan was an example of the United States' reckless disregard of the deprivation and suffering of the people of these nations. The focus should not be on ethnic, religious and racial symptoms, but rather on underdevelopment. The developing world needed the means to develop and progress and this could only be achieved through education. Resolutions should be passed providing for foreign aid to be used only for education. The veto exercised by the superpowers should be subservient to the rulings of the International Court of Justice.
AIDA AUELIA, of the Women's International Democratic Federation, said it was true that poverty was being feminized; it could be seen throughout the Third World and was beginning to be seen in the developed countries; the "global imperial era", as Chomsky called it, was bringing about an international system of trade in which States were minor players while corporations did the planning and major decision-making; the leading class in the world decided for everyone and was capable of anything against its opponents -- it killed and destroyed; that was certainly the case in Latin America. Korea and Taiwan were brought into the global economy with carefully scripted agreements barring unions and worker's rights; when workers tried to rebel, they were killed and imprisoned. TNC products from the Asian countries, where workers had abysmal pay and conditions, now flooded into Latin America, undermining local industries; other consequences involved women who were kept by poverty and dire need from going to school; in Afghanistan the Taliban movement had deprived women of literally all their rights, including their economic rights; in other countries women had to have permission from their husbands or male family members to work. In other places States had handed over territories to multinationals, in effect; laws did not apply; there were even "sweatshop ships" where women worked in conditions that were nothing less than slavery.
ALI MAHMOUD (Sudan) said that the lack of progress in the right to development and eradication of poverty was deeply disappointing. Globalization entailed risks and challenges particularly for developing countries. Globalization had so far failed to accelerate the development of developing countries. The right to development was sacred, and it was time for a dialogue to identify how to safeguard against further sidelining of developing countries. The Commission on Human Rights had rejected the application of unilateral coercive measures as tools for political or economic pressure against any country (Resolution 1998/11). In Sudan, children, women and the elderly were paying the price of these uncalled for measures, and the delegation urged the members of the Subcommission to take note of the implications and negative effects of these measures. The Government of Sudan reaffirmed its willingness to cooperate with the international community to better the lives of its people.
HAJAT EL-HAJJAJI (Libyan Arab Jamahiriya) said among obstacles to development were unfair economic sanctions imposed on countries, which especially affected vulnerable people such as women, children, and the elderly. Libya had been subjected to such sanctions; to mitigate the effects of these coercive measures, authorities had made every effort to protect human rights. International research bodies had long been warning of the negative effects of the water-supply crisis in the Middle East and North Africa; international efforts were needed to prevent the outbreaks of regional wars over water that could effect peace and security; the importance of water for countries and peoples was a concern for Libya; today conflicts were burgeoning in the Middle East and water sources were the main factor; surface reasons given for these conflicts were false -- the real reason was efforts by outside powers to control water resources; scarcity of water in Libya had shaped the culture and destiny of the country for centuries; over pumping was diminishing aquifers and increasing contamination of water supplies. A major pipeline project was being built to bring inland water to the population.
A.E. PEREZ DUARTE (Mexico) said that its statement concerned item 4d. Mexico was committed to providing education that among other things would promote development for all. Mexico's teaching methods had evolved in accordance with the needs of society, and over the past years a human rights culture had been established in education. This was consistent with the state of law and democracy. To assess the scope of the Government of Mexico's effort on providing school coverage, it could be noted that 28 million pupils were in the national public school system, and 125 million textbooks had been distributed free in 1997. Inequality did exist, and attention had to be paid to the education of women as they were important in bringing up children. Special strategies for handicapped children, the children of rural workers, and indigenous people, were in place, and the Government was also undertaking supplementary educational plans which included services for indigenous groups, and services received by the non indigenous population subject to racism. Mexico worked closely with the programmes of the United Nations Educational, Scientific and Cultural Organization. The national educational programme promoted Spanish, while at the same time protecting and promoting indigenous languages. There appeared to be a party political programme that denied the progress of the Government of Mexico but progress had been made.
HALIMA EMBAREK WARZAZI, Subcommission expert, introducing her report on traditional practices affecting the health of women and children, said replies had been received from Guatemala, the United Kingdom, Israel, Qatar, Mexico, Finland, and Portugal to a questionnaire she had sent out. Given the silence of so many other Governments from which she had sought information on these practices, one wondered if they were indifferent or what explanation was warranted for this lack of response; she wondered in fact what might be being concealed. Fortunately, NGOs, women's organizations, and other enthusiastic members of civil society provided information and worked tirelessly to protect women's health against traditional practices and to support victims of female genital mutilation, among other human-rights violations. Unfortunately, some of the most effective NGOs, including those operating in Africa, also struggled with a shortage of funds. There had been an encouraging declaration by an Egyptian court condemning female genital mutilation and declaring that it had nothing to do with proper practice of Islam; that would certainly help in silencing those who advocated such mutilation on grounds of religion. Religious leaders at a symposium organized by the Inter-African Committee and the Government of Gambia had adopted a proclamation that said neither Islam nor Christianity authorized the destruction of any healthy organ of the body. Progress appeared to be occurring in Kenya where such mutilation in rural areas was substituted for by other rituals marking entry into womanhood that stressed health and self-esteem. In Thailand, commentaries received by her had indicated that the practice resulting in "long-necked women" might be ended if alternate means of a living could be provided to the inhabitants of the village where it occurred; the sad fact was that the village attracted tourist and tourist income because of this practice.
Mrs. Warzazi noted she continued to carry out her studies and research with no outside help or funding; the importance of the subject deserved a more effective dose of resources.
Rights of Reply
ANTONIO PEDRO (Brazil), speaking in right of reply, said the statement yesterday by Franciscans International had not given an accurate picture of Brazil's response and efforts to resolve human-rights difficulties; the country was involved in dialogue at all levels; Brazil was not afraid to speak about human-rights problems, and it was taking action. As for rural violence, impunity and agrarian reform, despite the attacks of the NGO, Brazil did have an agrarian reform programme, and it did settle families and compensate them; it was striving to give sustainable financing to relevant programmes; the Government had fulfilled its objectives within a programme whose size was compatible with financial resources. The current Government had distributed some 10 per cent of the national territory in its agrarian reform programme -- that was larger than the territory of many countries. To reduce violence in rural areas, the Government had punished human-rights crimes and illegal expropriation of land for psychotropic substances, and had taken steps to ensure that police crimes were not tried in military courts. The NGO should approach the Brazilian delegation so that a true dialogue could be held.
MUHAMMAD QAZI (Pakistan), speaking in right of reply said it was with regret that he was taking the floor. NGOs from India had again used item 4 to attack Pakistan. Pakistan had previously asked NGOs from India to look first at their own country. Did these NGOs not know that India had the largest number of homeless people in the world? Had they read the reports specifying the poor levels of health care the Indian Government provided to its people, or the numbers of people who did not have access to drinking water? It seemed that for these NGOs, keeping track of the activities of the Indian Government in Kashmir was not a priority. The Indian occupation forces had destroyed 589 schools or hospitals since 1989. Pakistan did not seek to score points, it just wanted to point out abuses in India, and to suggest to these Indian NGOs that they clean their own house.
CHRIS OSAH (Nigeria), speaking as right of reply said that it wanted to speak on the question of the Ogoni. Some NGOs, in particular, the International Radical Party, had alleged that there were serious human rights violations in Ogoni land on the part of the Nigerian Government and Shell Nigeria Limited. Neither the Nigerian Government nor Shell Nigeria had abandoned their responsibilities in these areas. Shell Nigeria had built roads in Ogoni land, and the Nigerian Government had laid down standards and was doing all it could to ensure that these standards were met. In addition, 13.5 per cent of the profit from oil production was given to the oil producing areas for their development. The new Nigerian Government had dissolved all political parties and the National Electoral Commission. A new Commission had been established yesterday. The Ogoni people had the right to hold different views, as did all Nigerians. Today all Nigerians, had resolved to put the past behind and move the country forward.