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Subcommission takes up economic, social and cultural rights
11 August 1998
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AFTERNOON
HR/SC/98/11
11 August 1998
Reports Introduced on Anti-Discrimination Programmes, Income Distribution, Right to Education
Drafters of a joint study on article 7 of the International Convention on the Elimination of All Forms of Discrimination and Racism presented their paper this afternoon to the Subcommission on Prevention of Discrimination and Protection of Minorities. The Convention's article 7 deals with efforts by States parties to carry out efforts in the fields of teaching, education, culture and information in a campaign to combat prejudices. The authors were Shanti Sadiq Ali and Ivan Garvalov of the Committee on the Elimination of Racial Discrimination (CERD) and José Bengoa and Mustapha Mehedi of the Subcommission.
As the Subcommission took up its annual review of economic, social and cultural rights, reports also were introduced on income distribution (Mr. Bengoa) and the right to education (Mr. Mehedi).
Several speakers objected to what they said was a lack of attention to development and economic issues as compared to civil and political rights.
Interspersed with the presentation of reports on economic, social and cultural rights were statements concluding the panel's consideration of racial discrimination. Two NGOs addressed the topic.
Subcommission experts or alternates Mustapha Mehedi, José Bengoa, Asbjorn Eide, Zhong Shukong, Sang Yong Park, David Weissbrodt, and Louis Joinet spoke, along with Shanti Sadiq Ali of CERD.
The NGOs Association for World Education and Interfaith International addressed the meeting.
A representative of Mexico spoke in exercise of the right of reply.
The Subcommission will reconvene at 10 a.m. Wednesday, 12 August, to continue its discussion of economic, social and cultural rights.
Documentation
Issues related to racial discrimination
Under its agenda item 3, the Subcommission had before it a joint working paper on Article 7 of the International Convention on the Elimination of All Forms of Racial Discrimination, prepared by José Bengoa and Mustafa Mehedi, members of the Subcommission, and Ivan Garvalov and Shanti Sadiq Ali, members of the Committee on the Elimination of Racial Discrimination (CERD). The working paper (E/CN.4/Sub.2/1998/4) overviews Article 7, noting that it cannot be as effective in isolation as it can be within an established and strong cooperative relationship between the International Convention and other international human rights instruments, and that there needs to be a holistic and integrated approach to human rights education. The report says that while many States parties are aware of their obligations under the article, full compliance has yet to be achieved.
The working paper concludes, among other things, that the curricula of public elementary and secondary schools should include elements to develop schoolchildren's awareness of basic human rights and their understanding of the basic principles of equality; that human rights education should not be limited to students, but that other groups should also be trained; that States parties should put into effect an action-oriented national plan for education; that all levels of society, including national, ethnic, linguistic and religious minorities should also have access to education.
Economic, social and cultural rights
Under its agenda item 4, the Subcommission had before it a working document (E/CN.4/Sub.2/1998/6) on the impact of the activities of transnational corporations on the realization of economic, social and cultural rights, prepared by El-Hadji Guissé.
The report states that "today's economic and financial systems are organized in such a way as to act as pumps that suck up the output of the labour of the toiling masses and transfer it, in the form of wealth and power, to a privileged minority". It highlights the importance of transnational corporations in international economic life, stating as examples that Mitsubishi's turnover exceeds Indonesia's gross national product (GNP), and that Royal Dutch Shell earns more than Norway. As the main objective of transnational corporations is to make a profit, the report says they are often
"unaware of or disregard the impact their activities could have on economic, social and cultural rights". In addition, certain States pass laws protecting transnational corporations at the expense of the rights of their citizens, and in some countries, transnational oil corporations have been accused of sparking conflict.
Among other conclusions, the report proposes that transnational corporations should work with States to ensure respect for collective and individual rights; that all mechanisms and practices leading to violations of economic, social and cultural rights should be made punishable offenses with the right of compensation; and that transnational corporations should be "systematically held accountable for damage caused to populations and States" for any environmental pollution such corporations cause.
The Subcommission considered a working paper (E/CN.4/Sub.2/1998/7) by Mr. Guissé on the right of access of everyone to drinking water supply and sanitation services. It states that the world's fresh water resources represent only 3 per cent of the total volume of water and yet all human activities depend on it; and that many of the world's current conflicts are caused by the lack or insufficiency of drinking water. The report recommends that a preliminary report be presented to the Subcommission on the relationship between the enjoyment of economic, social and cultural rights and the right to development, and the question of access to drinking water and sanitation. Such a report should be submitted to the Subcommission in 1999.
The Subcommission had before it an addendum to the final report (E/EN.4/Sub.2/1998/8) on the relationship between the enjoyment of human rights, in particular economic, social and cultural rights, and income distribution, prepared by José Bengoa. It concludes, among other things, that the growth in the world economy since the end of the Cold War has been accompanied by a marked negative distribution of income at both the national and international level, resulting in a concentration of wealth and social exclusion, threatening explosive social consequences; and that income distribution should become an social indicator used by the World Bank, the International Monetary Fun, UNDP and other international agencies in their analysis of international cooperation, investments, trade and relations among countries. The study further proposes that a social forum be established with the participation of States, international financial institutions, particularly the World Bank and the IMF, international development and cooperation agencies, NGOs devoted to development and action to reduce income discrepancies, especially in the Third World.
There was a report (E/CN.4/Sub.2/1998/9) updating a study on the right to food prepared by Asbjorn Eide. It examines, among other issues, major trends in the food and nutrition situation worldwide, major events in the promotion of the right to food and nutrition, Global Conferences, Agency interest and commitment and non-governmental organizations. It notes that approximately 840 million people in developing countries subsist on diets that are deficient in calories, and that approximately 30 percent of the developing world's children are underweight.
There was a working paper (E/CN.4/Sub.2/1998/10), on the realization of the Right to Education, including education in human rights, presented by Mustapha Mehedi. Among other issues, the paper examines current legislation relating to the right to education, mentioning such documents as the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights. It summarizes the current debate between scholars over whether the right to education should be classified as a social right, a cultural right, or whether it is also "linked to the protection of individual freedom". It cites Manfred Nowak as saying the right to education is "quite original" in nature as it is "one of the few human rights for which it is universally agreed that the individual has a corresponding duty to exercise this right". The paper states that classifying the right to education as a cultural right does not clarify the issue as "cultural rights are at present in a state of limbo", and "clarifying the notion of cultural right entails a complete re-interpretation of the indivisibility of rights" which in itself poses several logical hurdles. It discusses the economic dimension of the right to education, contends that a State monopoly in education is "incompatible with the freedom dimension of the right to education", and recommends that international humanitarian law should be taught simultaneously with civic education.
Statements
MUSTAPHA MEHEDI, Subcommission expert, introducing a joint working paper on Article 7 of the International Convention on the Elimination of All Forms of Racial Discrimination, said that the experts had written to States parties to the Convention, asking that they provide information on how the provisions of Article 7 had been applied. As it would have been too time consuming to examine all countries that had submitted reports, 12 countries had been covered in detail in the report. The general trend that emerged was to hide or play down discrimination. The second feature was the inadequacy of the measures taken in countries to apply Article 7. Sketchy reports made it difficult to assess properly the situation; and it appeared that today there was a clear upsurge in racism and xenophobia worldwide. African states should take effective and immediate measures to eliminate discrimination, Mr. Mehedi said.
JOSÉ BENGOA, Subcommission expert, said the report on article 7 of the Convention in cooperation with CERD had been a good experience; he had focused on Latin America, where it was clear that concern with matters of racial discrimination had increased in recent years; over the last 10 years, moreover, there had been an important change in attitudes; but on the other hand he had seen few cases of school programmes intended to combat racial discrimination -- that was an area where a lot more action could be taken. There had been a change, not large but nonetheless encouraging, in the matter of racial discrimination against indigenous peoples, he said; attitudes had become more conciliatory and concerned; discrimination against persons of African origin also existed, but again there had been some positive steps; and problems involving migrant workers were evident. The only important programmes currently being developed were on multiculturalism and bilingualism for indigenous peoples, Mr. Bengoa said.
SHANTI SADIQ ALI, expert of CERD, said a limited number of States had taken the necessary action to implement the provisions of Article 7, and these actions were being taken in schools. The areas she had covered field were Asia, Europe and North America. Not enough was being done to combat racism and xenophobia. As a general rule, school curricula included human rights, she said, and in a number of States parties it was necessary to ensure that education was objective and projected manifold viewpoints. In States parties that recognized the existence of minorities, education focused on promoting equal opportunity, freedom of conscience and religion. Importance was increasingly being attached to the independence and individuality of minorities. There were some societies where racial discrimination and, in particular xenophobia, received special attention at all levels of education, she said, and educational systems were very much aware of these serious phenomena. With the help of Governments and the public, they were making serious efforts to explain their causes and to explore ways and means of coping with them.
ASBJORN EIDE, Subcommission expert, said it was good that the paper on Article 7 had been done, and it would be important to see the paper in the context of the upcoming world conference on racism; planning for the conference was vital, and the subject was pertinent to the meeting. The use of special measures and avoidance of privileges were worth considering in matters involving discrimination; it was necessary to strike a balance in providing help but not in perpetuating privileges. It was his impression that matters of colour weren't always vital in discriminatory conflicts; the massive killings and violence that had struck various regions of the world in recent years had not involved peoples of different colour -- not in Rwanda, not in ex-Yugoslavia; they had involved differences in culture and ethnicity, often inflamed by "ethnic entrepreneurs". So he hoped that further consideration of these topics would include ethnic discrimination, and that the subjects to be reviewed by the world conference would be carefully chosen so that the global meeting would not be a flop.
RENE WADLOW, of Association for World Education, said that today the concept of racism was broader than previously, and this would probably make preparations for the Third World Conference on Racism more difficult than the previous two Conferences. The Special Rapporteur on racism of the Commission on Human Rights had said that there was a need to draw upon existing academic research and to encourage new research in preparation for the Conference; the study of discrimination based on race was difficult to carry out as images of the self and the other were developed in early childhood; it was all the more difficult when political or religious motivations came to the fore to block serious analysis, as had happened on 18 April 1997 when the Commission on Human Rights had censored on the grounds of blasphemy the Special Rapporteur's report on racism. A proposed UN Code of Conduct (A/52/488 and its Add. 1) should be closely examined in this regard as some of its restrictive measures could apply to Special Rapporteurs. The NGO community had expressed its support for the independence of the Special Rapporteurs; NGOs were also under pressure to limit their analyses of cases of discrimination, and had faced retaliatory measures through the Governmental Committee on NGOs in New York. To advance the analysis of discrimination based on race or other characteristics, it was necessary to have clear, scholarly and independent judgement.
S.M. MUSAWI, of Interfaith International, said the organization wished to point to the intolerable situation of masses of people in southern Sudan who, because of war, were suffering extreme deprivation; the UN should take all necessary measures to end the war and any inherent discrimination against these peoples; in Asia, there were continued killings of innocent Shi'a and Sunni peoples on the streets of Karachi in Pakistan, and the Government should be requested to guarantee life and religious tolerance to all in the country, regardless of ethnicity or religion. Incredible massacres were occurring in Kashmir, and the organization noted with sadness the imposed flight because of persecution of the Pandit community as well as the general rise of religious intolerance in Kashmir. In Sri Lanka it was imperative that a dialogue begin between the Government and the Tamils; in Tibet the cultural and religious traditions of Tibetans must be fully respected by the Chinese Government; and throughout the world discrimination against indigenous peoples must be ended.
ZHONG SHUKONG, alternate Subcommission expert, said there had been persistent attempts to distort issues of human rights during the Cold War by a small number of countries seeking global domination. The Cold War mentality had turned human rights issues into pretexts and profitable business; the division of the world into two categories, the "judges" and the "supervised" was in itself a violation of human rights. Distortions had continued ever since. In 1996, the developed countries accounted for 14.3 percent of the world's population yet had 76.9 percent of the global GDP; affluence of some parts of the world should not be derived from the prolonged poverty of the many; realization of the right to development should not be delayed, and should become a priority item in all relevant international organizations. Development was a prerequisite for the basic needs of people, such as food, clothing, housing, etc.; it was also an indispensable foundation of the full realization of all human rights: political, economic, social and cultural. Without realizing the right to development, hunger and malnutrition could not be alleviated nor could social stability be achieved; sustainable development was a top priority for all countries in the world, and reviewing the past twelve years, it was a matter of great concern that few concrete steps had been taken by the United Nations to promote the right to development.
JOSÉ BENGOA, Subcommission expert, introducing his report on income distribution, said this supplementary document focused on general conclusions on the complex matters considered in his previous reports; he called for a "rethinking" of economic, social and cultural rights; he hoped that this paper and the others would be read and discussed -- it seemed to him that one of the shortcomings of the Subcommission was that its members conducted studies but didn't often discuss them in depth. Among his conclusions were that growing economic globalization resulted in widening gaps in income distribution -- a dangerous trend; that negative income distribution was linked to increased poverty, and that such a trend was not sustainable in the long run; that explosive social situations tended to result, as the social and cohesive linkages in society were lost and political consensus suffered and criminality and drug use and sales increased. If there was not an effort at redistribution of income, ruptures resulted and whole communities suffered deprivation. Appropriate fora were needed to deal with the challenges posed by such complex international patterns as widening chasms in income distribution, Mr. Bengoa said; national Governments, with their limited economic possibilities and respective political wills, were not necessarily in a position to control these patterns even within their own borders. He proposed that the Subcommission plan during a future session to serve as such a forum for economic, social and cultural rights.
MUSTAPHA MEHEDI, expert of the Subcommission, presented his report (E/CN.4/Sub.2/1998/10) on the realization of the right to education, including education in human rights. The working paper examined the right to education, noting that it was a crosscutting right, he said -- what was being discussed was the indivisibility of human rights, which had been reaffirmed in the Vienna Declaration. The right to education was a typical cross-cutting right, as it was at the same time an economic, social and cultural right and a civil and political right. With regard to the duties of the State in terms of education, the objectives of education were closely tied to the State's policies. However, the State had a threefold obligation: it had to respect, protect and fulfill the right. In conclusion, all the thoughts that were introduced in the report were intended to trigger debate, Mr. Mehedi said, and he looked forward to the comments of other Subcommission experts.
SANG YONG PARK, Subcommission expert, said he supported fully Mr. Bengoa's proposal for establishment of a socio-economic forum within the Subcommission. As for the right to development, there certainly had been some encouraging progress in statements issued and resolutions passed by international fora -- but it had to be pointed out that the Declaration on the Right to Development and relevant resolutions were still far removed from the lives of ordinary people all over the world; a quarter of the global population still lived in severe poverty and struggled to survive on less than US$1 per day; there was still an unacceptable situation of absolute poverty, hunger and disease, lack of adequate shelter, illiteracy, and hopelessness; in fact these remained the lot of over 1 billion people. Action to spur development could come in part from work already performed on human rights and extreme poverty and human rights and income distribution; but it would be long, hard work to implement the right to development -- that required effective development policies at the national level, strong political will, and a favourable economic environment at the international level, something which did not appear likely in the near future. Meanwhile, the Subcommission needed to devise suitable mechanisms to follow up earlier resolutions related to the topic. It also was important that the Declaration on the Right to Development be translated into as many languages as possible.
DAVID WEISSBRODT, Subcommission expert, said there was perhaps some difficulty in knowing how to carry out the study on the right to education, as the Subcommission had begun the process and then the Commission on Human Rights had carried out its own project on the matter. The study on income distribution had contributed significantly to understanding of the fundamental nature of economic, social and cultural rights. Mr. Bengoa noted that disparities in income were especially damaging to women, children, and minorities. The world's wealthiest countries were increasing their share of global GNP, and mounting inequalities at national and international levels could represent a threat to global peace and stability. The Subcommission should seriously consider Mr. Bengoa's recommendations, particularly the establishment of a forum on economic, social and cultural rights; the Subcommission also should urge States to attain the target of devoting at least 0.7 per cent of their GNPs to development assistance. Perhaps the Subcommission also should try to carry out a more detailed examination of remedial actions that might combat the modern legacies of wealth disparity and the current problem of income disparity -- the concept of affirmative action might be one such remedial device.
LOUIS JOINET, Subcommission expert, said difficulties in realizing economic, social and cultural rights weren't merely quantitative; who were the agents who could carry out this process, for example? It was States, but not only States; civil society was involved; dismissal from companies in times of economic difficulties led to strikes, to opposition; in cases of agrarian reform, too, there was conflict -- between reform, talking about it, and implementation of it, you often had people who died; they fought for the right, they were subject to violence; their civil and political rights were violated as they fought for their economic and development rights. There would always be a qualitative imbalance if people did not see this connection -- in essence, violations discussed under item 2, for example, might often relate to economic, social and cultural rights.
Right of reply
ALEJANDRO NEGRIN (Mexico), speaking in right of reply, said the statement by North-South XXI had provided inexact data and inaccurate views related to persons displaced by the Zapatista uprising and the conflict in Chiapas; Mexico would deal at greater length with the topic under agenda item 10 (b), describing actions it had taken to provide aid to displaced persons and to help them in returning to their homes.
HR/SC/98/11
11 August 1998
Reports Introduced on Anti-Discrimination Programmes, Income Distribution, Right to Education
Drafters of a joint study on article 7 of the International Convention on the Elimination of All Forms of Discrimination and Racism presented their paper this afternoon to the Subcommission on Prevention of Discrimination and Protection of Minorities. The Convention's article 7 deals with efforts by States parties to carry out efforts in the fields of teaching, education, culture and information in a campaign to combat prejudices. The authors were Shanti Sadiq Ali and Ivan Garvalov of the Committee on the Elimination of Racial Discrimination (CERD) and José Bengoa and Mustapha Mehedi of the Subcommission.
As the Subcommission took up its annual review of economic, social and cultural rights, reports also were introduced on income distribution (Mr. Bengoa) and the right to education (Mr. Mehedi).
Several speakers objected to what they said was a lack of attention to development and economic issues as compared to civil and political rights.
Interspersed with the presentation of reports on economic, social and cultural rights were statements concluding the panel's consideration of racial discrimination. Two NGOs addressed the topic.
Subcommission experts or alternates Mustapha Mehedi, José Bengoa, Asbjorn Eide, Zhong Shukong, Sang Yong Park, David Weissbrodt, and Louis Joinet spoke, along with Shanti Sadiq Ali of CERD.
The NGOs Association for World Education and Interfaith International addressed the meeting.
A representative of Mexico spoke in exercise of the right of reply.
The Subcommission will reconvene at 10 a.m. Wednesday, 12 August, to continue its discussion of economic, social and cultural rights.
Documentation
Issues related to racial discrimination
Under its agenda item 3, the Subcommission had before it a joint working paper on Article 7 of the International Convention on the Elimination of All Forms of Racial Discrimination, prepared by José Bengoa and Mustafa Mehedi, members of the Subcommission, and Ivan Garvalov and Shanti Sadiq Ali, members of the Committee on the Elimination of Racial Discrimination (CERD). The working paper (E/CN.4/Sub.2/1998/4) overviews Article 7, noting that it cannot be as effective in isolation as it can be within an established and strong cooperative relationship between the International Convention and other international human rights instruments, and that there needs to be a holistic and integrated approach to human rights education. The report says that while many States parties are aware of their obligations under the article, full compliance has yet to be achieved.
The working paper concludes, among other things, that the curricula of public elementary and secondary schools should include elements to develop schoolchildren's awareness of basic human rights and their understanding of the basic principles of equality; that human rights education should not be limited to students, but that other groups should also be trained; that States parties should put into effect an action-oriented national plan for education; that all levels of society, including national, ethnic, linguistic and religious minorities should also have access to education.
Economic, social and cultural rights
Under its agenda item 4, the Subcommission had before it a working document (E/CN.4/Sub.2/1998/6) on the impact of the activities of transnational corporations on the realization of economic, social and cultural rights, prepared by El-Hadji Guissé.
The report states that "today's economic and financial systems are organized in such a way as to act as pumps that suck up the output of the labour of the toiling masses and transfer it, in the form of wealth and power, to a privileged minority". It highlights the importance of transnational corporations in international economic life, stating as examples that Mitsubishi's turnover exceeds Indonesia's gross national product (GNP), and that Royal Dutch Shell earns more than Norway. As the main objective of transnational corporations is to make a profit, the report says they are often
"unaware of or disregard the impact their activities could have on economic, social and cultural rights". In addition, certain States pass laws protecting transnational corporations at the expense of the rights of their citizens, and in some countries, transnational oil corporations have been accused of sparking conflict.
Among other conclusions, the report proposes that transnational corporations should work with States to ensure respect for collective and individual rights; that all mechanisms and practices leading to violations of economic, social and cultural rights should be made punishable offenses with the right of compensation; and that transnational corporations should be "systematically held accountable for damage caused to populations and States" for any environmental pollution such corporations cause.
The Subcommission considered a working paper (E/CN.4/Sub.2/1998/7) by Mr. Guissé on the right of access of everyone to drinking water supply and sanitation services. It states that the world's fresh water resources represent only 3 per cent of the total volume of water and yet all human activities depend on it; and that many of the world's current conflicts are caused by the lack or insufficiency of drinking water. The report recommends that a preliminary report be presented to the Subcommission on the relationship between the enjoyment of economic, social and cultural rights and the right to development, and the question of access to drinking water and sanitation. Such a report should be submitted to the Subcommission in 1999.
The Subcommission had before it an addendum to the final report (E/EN.4/Sub.2/1998/8) on the relationship between the enjoyment of human rights, in particular economic, social and cultural rights, and income distribution, prepared by José Bengoa. It concludes, among other things, that the growth in the world economy since the end of the Cold War has been accompanied by a marked negative distribution of income at both the national and international level, resulting in a concentration of wealth and social exclusion, threatening explosive social consequences; and that income distribution should become an social indicator used by the World Bank, the International Monetary Fun, UNDP and other international agencies in their analysis of international cooperation, investments, trade and relations among countries. The study further proposes that a social forum be established with the participation of States, international financial institutions, particularly the World Bank and the IMF, international development and cooperation agencies, NGOs devoted to development and action to reduce income discrepancies, especially in the Third World.
There was a report (E/CN.4/Sub.2/1998/9) updating a study on the right to food prepared by Asbjorn Eide. It examines, among other issues, major trends in the food and nutrition situation worldwide, major events in the promotion of the right to food and nutrition, Global Conferences, Agency interest and commitment and non-governmental organizations. It notes that approximately 840 million people in developing countries subsist on diets that are deficient in calories, and that approximately 30 percent of the developing world's children are underweight.
There was a working paper (E/CN.4/Sub.2/1998/10), on the realization of the Right to Education, including education in human rights, presented by Mustapha Mehedi. Among other issues, the paper examines current legislation relating to the right to education, mentioning such documents as the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights. It summarizes the current debate between scholars over whether the right to education should be classified as a social right, a cultural right, or whether it is also "linked to the protection of individual freedom". It cites Manfred Nowak as saying the right to education is "quite original" in nature as it is "one of the few human rights for which it is universally agreed that the individual has a corresponding duty to exercise this right". The paper states that classifying the right to education as a cultural right does not clarify the issue as "cultural rights are at present in a state of limbo", and "clarifying the notion of cultural right entails a complete re-interpretation of the indivisibility of rights" which in itself poses several logical hurdles. It discusses the economic dimension of the right to education, contends that a State monopoly in education is "incompatible with the freedom dimension of the right to education", and recommends that international humanitarian law should be taught simultaneously with civic education.
Statements
MUSTAPHA MEHEDI, Subcommission expert, introducing a joint working paper on Article 7 of the International Convention on the Elimination of All Forms of Racial Discrimination, said that the experts had written to States parties to the Convention, asking that they provide information on how the provisions of Article 7 had been applied. As it would have been too time consuming to examine all countries that had submitted reports, 12 countries had been covered in detail in the report. The general trend that emerged was to hide or play down discrimination. The second feature was the inadequacy of the measures taken in countries to apply Article 7. Sketchy reports made it difficult to assess properly the situation; and it appeared that today there was a clear upsurge in racism and xenophobia worldwide. African states should take effective and immediate measures to eliminate discrimination, Mr. Mehedi said.
JOSÉ BENGOA, Subcommission expert, said the report on article 7 of the Convention in cooperation with CERD had been a good experience; he had focused on Latin America, where it was clear that concern with matters of racial discrimination had increased in recent years; over the last 10 years, moreover, there had been an important change in attitudes; but on the other hand he had seen few cases of school programmes intended to combat racial discrimination -- that was an area where a lot more action could be taken. There had been a change, not large but nonetheless encouraging, in the matter of racial discrimination against indigenous peoples, he said; attitudes had become more conciliatory and concerned; discrimination against persons of African origin also existed, but again there had been some positive steps; and problems involving migrant workers were evident. The only important programmes currently being developed were on multiculturalism and bilingualism for indigenous peoples, Mr. Bengoa said.
SHANTI SADIQ ALI, expert of CERD, said a limited number of States had taken the necessary action to implement the provisions of Article 7, and these actions were being taken in schools. The areas she had covered field were Asia, Europe and North America. Not enough was being done to combat racism and xenophobia. As a general rule, school curricula included human rights, she said, and in a number of States parties it was necessary to ensure that education was objective and projected manifold viewpoints. In States parties that recognized the existence of minorities, education focused on promoting equal opportunity, freedom of conscience and religion. Importance was increasingly being attached to the independence and individuality of minorities. There were some societies where racial discrimination and, in particular xenophobia, received special attention at all levels of education, she said, and educational systems were very much aware of these serious phenomena. With the help of Governments and the public, they were making serious efforts to explain their causes and to explore ways and means of coping with them.
ASBJORN EIDE, Subcommission expert, said it was good that the paper on Article 7 had been done, and it would be important to see the paper in the context of the upcoming world conference on racism; planning for the conference was vital, and the subject was pertinent to the meeting. The use of special measures and avoidance of privileges were worth considering in matters involving discrimination; it was necessary to strike a balance in providing help but not in perpetuating privileges. It was his impression that matters of colour weren't always vital in discriminatory conflicts; the massive killings and violence that had struck various regions of the world in recent years had not involved peoples of different colour -- not in Rwanda, not in ex-Yugoslavia; they had involved differences in culture and ethnicity, often inflamed by "ethnic entrepreneurs". So he hoped that further consideration of these topics would include ethnic discrimination, and that the subjects to be reviewed by the world conference would be carefully chosen so that the global meeting would not be a flop.
RENE WADLOW, of Association for World Education, said that today the concept of racism was broader than previously, and this would probably make preparations for the Third World Conference on Racism more difficult than the previous two Conferences. The Special Rapporteur on racism of the Commission on Human Rights had said that there was a need to draw upon existing academic research and to encourage new research in preparation for the Conference; the study of discrimination based on race was difficult to carry out as images of the self and the other were developed in early childhood; it was all the more difficult when political or religious motivations came to the fore to block serious analysis, as had happened on 18 April 1997 when the Commission on Human Rights had censored on the grounds of blasphemy the Special Rapporteur's report on racism. A proposed UN Code of Conduct (A/52/488 and its Add. 1) should be closely examined in this regard as some of its restrictive measures could apply to Special Rapporteurs. The NGO community had expressed its support for the independence of the Special Rapporteurs; NGOs were also under pressure to limit their analyses of cases of discrimination, and had faced retaliatory measures through the Governmental Committee on NGOs in New York. To advance the analysis of discrimination based on race or other characteristics, it was necessary to have clear, scholarly and independent judgement.
S.M. MUSAWI, of Interfaith International, said the organization wished to point to the intolerable situation of masses of people in southern Sudan who, because of war, were suffering extreme deprivation; the UN should take all necessary measures to end the war and any inherent discrimination against these peoples; in Asia, there were continued killings of innocent Shi'a and Sunni peoples on the streets of Karachi in Pakistan, and the Government should be requested to guarantee life and religious tolerance to all in the country, regardless of ethnicity or religion. Incredible massacres were occurring in Kashmir, and the organization noted with sadness the imposed flight because of persecution of the Pandit community as well as the general rise of religious intolerance in Kashmir. In Sri Lanka it was imperative that a dialogue begin between the Government and the Tamils; in Tibet the cultural and religious traditions of Tibetans must be fully respected by the Chinese Government; and throughout the world discrimination against indigenous peoples must be ended.
ZHONG SHUKONG, alternate Subcommission expert, said there had been persistent attempts to distort issues of human rights during the Cold War by a small number of countries seeking global domination. The Cold War mentality had turned human rights issues into pretexts and profitable business; the division of the world into two categories, the "judges" and the "supervised" was in itself a violation of human rights. Distortions had continued ever since. In 1996, the developed countries accounted for 14.3 percent of the world's population yet had 76.9 percent of the global GDP; affluence of some parts of the world should not be derived from the prolonged poverty of the many; realization of the right to development should not be delayed, and should become a priority item in all relevant international organizations. Development was a prerequisite for the basic needs of people, such as food, clothing, housing, etc.; it was also an indispensable foundation of the full realization of all human rights: political, economic, social and cultural. Without realizing the right to development, hunger and malnutrition could not be alleviated nor could social stability be achieved; sustainable development was a top priority for all countries in the world, and reviewing the past twelve years, it was a matter of great concern that few concrete steps had been taken by the United Nations to promote the right to development.
JOSÉ BENGOA, Subcommission expert, introducing his report on income distribution, said this supplementary document focused on general conclusions on the complex matters considered in his previous reports; he called for a "rethinking" of economic, social and cultural rights; he hoped that this paper and the others would be read and discussed -- it seemed to him that one of the shortcomings of the Subcommission was that its members conducted studies but didn't often discuss them in depth. Among his conclusions were that growing economic globalization resulted in widening gaps in income distribution -- a dangerous trend; that negative income distribution was linked to increased poverty, and that such a trend was not sustainable in the long run; that explosive social situations tended to result, as the social and cohesive linkages in society were lost and political consensus suffered and criminality and drug use and sales increased. If there was not an effort at redistribution of income, ruptures resulted and whole communities suffered deprivation. Appropriate fora were needed to deal with the challenges posed by such complex international patterns as widening chasms in income distribution, Mr. Bengoa said; national Governments, with their limited economic possibilities and respective political wills, were not necessarily in a position to control these patterns even within their own borders. He proposed that the Subcommission plan during a future session to serve as such a forum for economic, social and cultural rights.
MUSTAPHA MEHEDI, expert of the Subcommission, presented his report (E/CN.4/Sub.2/1998/10) on the realization of the right to education, including education in human rights. The working paper examined the right to education, noting that it was a crosscutting right, he said -- what was being discussed was the indivisibility of human rights, which had been reaffirmed in the Vienna Declaration. The right to education was a typical cross-cutting right, as it was at the same time an economic, social and cultural right and a civil and political right. With regard to the duties of the State in terms of education, the objectives of education were closely tied to the State's policies. However, the State had a threefold obligation: it had to respect, protect and fulfill the right. In conclusion, all the thoughts that were introduced in the report were intended to trigger debate, Mr. Mehedi said, and he looked forward to the comments of other Subcommission experts.
SANG YONG PARK, Subcommission expert, said he supported fully Mr. Bengoa's proposal for establishment of a socio-economic forum within the Subcommission. As for the right to development, there certainly had been some encouraging progress in statements issued and resolutions passed by international fora -- but it had to be pointed out that the Declaration on the Right to Development and relevant resolutions were still far removed from the lives of ordinary people all over the world; a quarter of the global population still lived in severe poverty and struggled to survive on less than US$1 per day; there was still an unacceptable situation of absolute poverty, hunger and disease, lack of adequate shelter, illiteracy, and hopelessness; in fact these remained the lot of over 1 billion people. Action to spur development could come in part from work already performed on human rights and extreme poverty and human rights and income distribution; but it would be long, hard work to implement the right to development -- that required effective development policies at the national level, strong political will, and a favourable economic environment at the international level, something which did not appear likely in the near future. Meanwhile, the Subcommission needed to devise suitable mechanisms to follow up earlier resolutions related to the topic. It also was important that the Declaration on the Right to Development be translated into as many languages as possible.
DAVID WEISSBRODT, Subcommission expert, said there was perhaps some difficulty in knowing how to carry out the study on the right to education, as the Subcommission had begun the process and then the Commission on Human Rights had carried out its own project on the matter. The study on income distribution had contributed significantly to understanding of the fundamental nature of economic, social and cultural rights. Mr. Bengoa noted that disparities in income were especially damaging to women, children, and minorities. The world's wealthiest countries were increasing their share of global GNP, and mounting inequalities at national and international levels could represent a threat to global peace and stability. The Subcommission should seriously consider Mr. Bengoa's recommendations, particularly the establishment of a forum on economic, social and cultural rights; the Subcommission also should urge States to attain the target of devoting at least 0.7 per cent of their GNPs to development assistance. Perhaps the Subcommission also should try to carry out a more detailed examination of remedial actions that might combat the modern legacies of wealth disparity and the current problem of income disparity -- the concept of affirmative action might be one such remedial device.
LOUIS JOINET, Subcommission expert, said difficulties in realizing economic, social and cultural rights weren't merely quantitative; who were the agents who could carry out this process, for example? It was States, but not only States; civil society was involved; dismissal from companies in times of economic difficulties led to strikes, to opposition; in cases of agrarian reform, too, there was conflict -- between reform, talking about it, and implementation of it, you often had people who died; they fought for the right, they were subject to violence; their civil and political rights were violated as they fought for their economic and development rights. There would always be a qualitative imbalance if people did not see this connection -- in essence, violations discussed under item 2, for example, might often relate to economic, social and cultural rights.
Right of reply
ALEJANDRO NEGRIN (Mexico), speaking in right of reply, said the statement by North-South XXI had provided inexact data and inaccurate views related to persons displaced by the Zapatista uprising and the conflict in Chiapas; Mexico would deal at greater length with the topic under agenda item 10 (b), describing actions it had taken to provide aid to displaced persons and to help them in returning to their homes.