Council holds interactive dialogue with Experts on Human Rights of older persons and on contemporary forms of slavery

Human Rights Council 
AFTERNOON

8 September 2014

The Human Rights Council this afternoon held a clustered interactive dialogue with the Independent Expert on the enjoyment of all human rights by older persons, Rosa Kornfeld-Matte, and with the Special Rapporteur on contemporary forms of slavery, Urmila Bhoola.
 
Ms. Kornfeld-Matte said that the aging of the population took place in all countries.  Older persons were not a homogenous group but a social construct on how persons interacted with society.  The voice of older persons had to be heard during the elaboration of human rights legislation.  It was also important to defend the dignity of older persons, including respect for their lives and the right to live without being subjected to exploitation and abuse.
 
Ms. Bhoola outlined four priority areas that necessitated the attention of the mandate, which included the elimination of domestic servitude, child and forced marriage, and elimination of the worst forms of child labour, among others.  Despite the fact that all forms of domestic servitude and domestic slavery were outlawed by international human rights law, they continued to exist across both developed and developing countries.  Of particular concern was the high prevalence of children in domestic servitude. 
 
Kazakhstan, Mauritania and Ghana spoke as concerned countries.  The National Human Rights Commission of Mauritania also spoke.
 
In the discussion that followed, speakers welcomed the establishment of the mandate of the Independent Expert on the enjoyment of all rights by older persons as well as her preliminary presentation.  Many delegations noted that the aging of the population occurred in all parts of the world and had consequences on many aspects of the society, including social and economic impacts, and stressed that ensuring the protection of the rights of older persons was a necessity in all regions.
 
On contemporary forms of slavery, speakers noted that slavery remained a persistent phenomenon affecting all regions and most countries.  The need to tackle the root causes of slavery was underlined, as was the importance of the role played by local civil society in the fight against contemporary forms of slavery.   It was enquired as to whether the Special Rapporteur would continue engaging with local organizations, and she was asked to put more emphasis on the underlying causes for contemporary forms of slavery. 
 
Speaking in the discussion were Costa Rica on behalf of the Community of Latin American and Caribbean States, Pakistan on behalf of the Organization of Islamic Cooperation, United Arab Emirates on behalf of the Arab Group, European Union, Spain, Austria, Iceland, Mexico, Sierra Leone, India, Brazil, Qatar, Israel, Burkina Faso, El Salvador, Venezuela and Indonesia. 
 
Ukraine, Algeria, Sudan, Syria, Qatar, Morocco and Russia spoke in right of reply in response to statements made during the general debate on the annual report of the High Commissioner held earlier in the day.  A summary of those statements can be found here. 
 
The Human Rights Council will resume its work on Tuesday, 9 September, at 9 a.m., when it will hold a panel discussion on history teaching and memorialization processes.  It will then continue its clustered interactive dialogue with the Independent Expert on older persons and the Special Rapporteur on contemporary forms of slavery, before beginning a clustered interactive dialogue with the Special Rapporteurs on water and sanitation, and on hazardous wastes.
 
Documentation
 
The Council has before it the report of the Independent Expert on the enjoyment of all human rights by older persons (A/HRC/27/47).
 
The Council has before it the report of the Special Rapporteur on contemporary forms of slavery, including its causes and its consequences (A/HRC/27/53)
 
The Council has before it an addendum to the report of the Special Rapporteur on contemporary forms of slavery, including its causes and its consequences - Mission to Mauritania (A/HRC/27/53/Add.1)
 
The Council has before it an addendum to the report of the Special Rapporteur on contemporary forms of slavery, including its causes and its consequences - Mission to Kazakhstan (A/HRC/27/53/Add.2)
 
The Council has before it an addendum to the report of the Special Rapporteur on contemporary forms of slavery, including its causes and its consequences - Mission to Ghana (A/HRC/27/53/Add.3) Link not yet available: will be posted here)
 
Presentation of the Reports
 
ROSA KORNFELD-MATTE, Independent Expert on the Enjoyment of all Rights by Older Persons, emphasized the importance of the fact that the resolution establishing her mandate was adopted without a vote, which illustrated the broad consensus on the issue of the rights of older persons.  Aging of the population took place in all countries.  Older persons were not a homogenous group but a social construct on how persons interacted with society.  Their specific vulnerability could result from physical and mental conditions, but also from the perception that society had of them.  It was crucial to provide for coordination and work towards consensus in order to address the situation of older persons and allow them to play a greater role.  The elaboration of a new development agenda in 2015 would constitute an opportunity to include and address the needs of older persons. 
 
The voice of older persons had to be heard during the elaboration of human rights legislation, the Independent Expert said.  It was also important to defend the dignity of older persons, including the respect for their lives and the right to live without being subjected to exploitation and abuse.  The Independent Expert said she would focus her work on the inclusion and participation of older persons, the protection of their dignity and the development of cooperation between stakeholders, including Member States and civil society organizations.  She would also provide the Council with an in-depth analysis of international norms that addressed the situation of elder persons, and encouraged the sharing of best practices on the issue.  She would focus on some specific issues, including the right to physical and mental integrity of elder persons, the autonomy of older persons as well as the enjoyment by older persons of economic, social and cultural rights. 
 
URMILA BHOOLA, Special Rapporteur on Contemporary Forms of Slavery including its Causes and Consequences, presented her first report to the Human Rights Council since taking up the mandate in June 2014 and expressed deep appreciation to her predecessor, Ms. Gulnara Shahinian, for her significant contribution in the fulfilment of the mandate.  The reports of Ms. Shahinian’s follow-up missions to Mauritania and Kazakhstan were available and were attached as addendums to the report, while the advance version of the report on the country visit Ghana had been shared with the Government for possible comments.  The Special Rapporteur then outlined four priority areas that necessitated the attention of the mandate, which included the elimination of domestic servitude, child and forced marriage, elimination of the worst forms of child labour and the role of business, in particular transnational corporations, in ensuring the eradication of forced labour and other contemporary forms of slavery from global supply chains.
 
Despite the fact that all forms of domestic servitude and domestic slavery were outlawed by international human rights law, they continued to exist across both developed and developing countries and more work was required in terms of research on the often invisible workers in domestic servitude, including their existence in developed economies, which was often obscured.  Of particular concern was the high prevalence of children in domestic servitude.  Turning to her second thematic priority - child and forced marriage – the Special Rapporteur said that all forms of forced marriage were defined as practices similar to slavery and it was regrettable that there were countries that still did not criminalise child and forced marriage or slavery-like practices, which arose from servile marriage, such as domestic servitude and sexual slavery.  The special concern of the mandate would also include the worst forms of child labour in agriculture, tobacco tilling, cotton picking, entertainment, construction, mining and quarrying.  The Special Rapporteur also intended to prioritise the role of business, in particular transnational corporations, in ensuring the eradication of forced labour and other contemporary forms of slavery from global supply chains; the International Labour Organization indicated that 90 per cent of the estimated 20.9 million people in forced labour globally were exploited by individuals or enterprises in the private economy and this reinforced the need to ensure that business practices were congruent with human rights.
 
Statements by Concerned Countries
 
Kazakhstan, speaking as a concerned country, said that concrete measures taken to improve its existing legislation and aligning it with international standards had taken the form of the following steps: in fighting human trafficking, it had revised the criminal code with a law of 4 July 2013, the issue of reparations was being examined at the legislative level, and the Government plan of action 2015-2017 included public aid – financial and other - being made available to non-governmental organizations who helped victims of human trafficking was now available; in fighting forced labour, specifically in the tobacco and cotton industries, regular spot checks were being carried out in order to detect such cases, including cases of child labour.  A national campaign would be held annually from 1 to 12 June to raise the awareness of the population about child labour.  Kazakhstan was also considering the possibility of acceding to the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families.
 
Mauritania, speaking as a concerned country, said the establishment of the national agency to fight the consequences of slavery was a sign of the will of the State authorities to resolutely tackle the issue of slavery, which was caused by the persistence of poverty, and establish an institutional tool.  The agency had started to implement an ambitious programme.  The national agency had the capacity to institute civil proceedings.  There was special legislation dealing with hearing specific cases related to slavery.  Special training would also be provided to judges on fighting contemporary forms of slavery.  Concerning the roadmap, a workshop was being organized to launch the plan of action to implement the roadmap by the Human Rights and Humanitarian Action Commission and the United Nations Office of the High Commission for Human Rights, and an inter-ministerial committee led by the Prime Minister had been put in place.  A commission had also been created to start work on the revision of the 2007 law on slavery. 
 
National Human Rights Commission of Mauritania said that slavery had been officially abolished in 1981.  In 2007, another law had been passed which criminalized slavery, and in 2013, slavery had been established as a crime against humanity in keeping with the Constitution.  Several recommendations had been made to increase the effectiveness of the fight against slavery.   The Commission recommended that a judicial institution to look into cases of slavery should be set up rapidly. 
 
Ghana, speaking as a concerned country, said it continued to take steps to implement measures outlined in the report of the Special Rapporteur.  In cooperation with civil society and victim support groups, the police and justice sector was addressing slavery-like practices and trafficking in persons.  Ghana was making steady progress in tackling the root causes of contemporary forms of slavery, including through poverty reduction, increasing access to free and universal education and balancing out regional disparities in development.  Ghana remained committed to honouring its responsibilities as a State party to various international treaties including on combating contemporary forms of slavery, trafficking in persons, and torture and other cruel and degrading treatment.
 
Interactive Debate
 
Costa Rica, speaking on behalf of the Community of Latin American and Caribbean States, urged the Independent Expert to adopt an inclusive approach in the realization of her mandate, while Pakistan, speaking on behalf of the Organization of Islamic Cooperation, hoped that she would work in close cooperation with the Open-Ended Group on Aging and avoid duplication of work.  All States were encouraged to take concrete action domestically to ensure the protection of the human rights of older persons.  United Arab Emirates, speaking on behalf of the Arab Group, said that the aging of the population was a global issue that needed to be included in the post-2015 development agenda, and insisted that the Madrid and Vienna Action Plans had to be implemented.  European Union underlined that this was a very relevant and important issue in Europe, and asked the Independent Expert how adequate investments in healthcare services could improve the situation of older persons.  Spain stressed that international instruments protecting the rights of older persons had to be better implemented, while Austria asked whether the Independent Expert would address the multiple forms of discrimination against older persons in her mandate.
 
Costa Rica, speaking on behalf of the Community of Latin American and Caribbean States, spoke about the scope of the International Labour Organization’s recommendation to supplement the Forced Labour Convention, a modern instrument it considered balanced. The region expressed its confidence in the role of the Special Rapporteur in the common effort to sustainably eradicate forced labour.  Pakistan, speaking on behalf of the Organization of Islamic Cooperation, said progress on eradicating the various forms of slavery and exploitation could only be achieved by addressing the root causes that sustained those practices, including poverty, exploitation by business enterprises, regional disparities and lack of access to livelihoods, education and healthcare.  European Union asked the Special Rapporteur two questions; how did she intend to work with relevant international actors such as the International Labour Organization, and how would she engage with civil society?  Spain underlined the important role played by local civil society in the fight against contemporary forms of slavery and asked whether the Special Rapporteur foresaw any challenges in its engagement with them. 
 
Iceland said slavery remained a persistent phenomenon affecting all regions and most countries; the mandate of the Special Rapporteur was essential to prevent it.  There were clear links between child marriage and slavery; Iceland called for a coherent global response.  India said poverty, illiteracy and lack of development were among the root causes of contemporary forms of slavery, and asked the Special Rapporteur to put more emphasis on the underlying causes.  The issue of ageing populations was one of the most pressing challenges worldwide: India had 100 million older persons, a number expected to double within the next 20 years.  Sierra Leone said ageing was not synonymous with health problems; in Africa where age was linked to wisdom and experience, older persons played a critical role in conflict negotiation, and in teaching of children, contributing to the future generations.  Internally displaced persons were especially vulnerable to contemporary forms of slavery, and Sierra Leone was especially concerned about child labourers, especially those in bonded labour. 
 
Qatar said older persons enjoyed special attention in Qatar, based on religious customs, and enjoyed special respect and care, as also enshrined in the constitution.  The State provided several services through various institutions including social security, housing, legal care and healthcare.  Brazil said the advancement of negotiations on an international convention on the rights of older persons was of utmost importance, and asked the Special Rapporteur about her vision on that.  Brazil believed public policy should focus on prevention, not only enforcement, of legislation against domestic servitude, forced labour and other contemporary forms of slavery.  Mexico said States had to guarantee the rights of older persons; there was a lack of legislation and policies for and recognition of obligations towards them.  Mexico believed establishing social and health policies could be the basis of such a guarantee. 
 
With regard to the social rights of older persons, Israel said it was developing a plan on dementia to train health workers and ease the burden on families and caregivers.  Migrant workers in Qatar and other Arab Gulf countries were still abused and exploited and Israel asked the Special Rapporteur if she intended to visit the region.  Burkina Faso said it was strengthening the legal framework to protect the rights of elderly persons and would continue to work toward the better protection of their rights.  The situation of vulnerabilities of the elderly in developing countries did not differ from those in developed ones, said El Salvador and called for strengthening of the Madrid agreement and the promotion of an international instrument to ensure their full enjoyment of human rights. 
 
Venezuela agreed on the need for a comprehensive view on aging, as well as on the need to create public institutions and establish social services to guarantee rights of elderly.  Venezuela noted with concern the role of transnational corporations in forced labour and encouraged the Special Rapporteur to further explore this issue.  Indonesia suggested to streamline the thematic priorities of the Independent Expert and reiterated its commitment to protecting the rights of domestic workers through strengthening of its legal framework, including through the ratification of the International Labour Organization Convention on the rights of domestic workers.
 
Right of Reply
 
Ukraine, speaking in a right of reply, responded to a statement made earlier today by Russia, saying that as soon as Russia stopped its intervention in south-east Ukraine, and the crossing of borders into territories controlled by terrorist groups, then the human rights situation would improve.  There was abundant evidence of the Russian invasion, including from reputable sources such as NATO satellite imagery.  Ukraine was adhering to the Minsk memorandum, and supported Russia’s call to the Council to signal that terrorism was always unacceptable.  Regarding Russia’s comments about who controlled parts of the Russia-Ukraine border, the speaker said he could not believe that a county able to pilot space crafts was unable to control 200 kilometres of its State border.
 
Algeria, speaking in a right of reply, said in reference to the question of the West Sahara that Morocco accused Algeria in many different ways and Algeria could not understand why it was mentioned by Morocco.  Any attempt by Morocco to lead to a bilateral confrontation concerning the Western Sahara would fail, said Algeria.
 
Sudan, speaking in a right of reply, rejected allegations about the deterioration of human rights in Sudan made by some countries earlier, which were politicized.  Sudan was confident that the Council would not occupy itself with allegations that did not serve the cause of human rights.
 
Syria, speaking in a right of reply, said that Turkey for the past three years had been harbouring the takfiri fighters who had committed the most heinous crimes in Syria and Iraq.  Turkey cooperated closely with ISIS and should worry how to abide with the resolution 2170.   The Syrian people would never forget the bloody Turkish role in the current crisis, and its Government should be held accountable.  Bahrain should concern itself with its own human rights problems.
 
Qatar, speaking in a right of reply in response to a statement by Israel this afternoon, denounced and found it strange that Israel spoke about the rights of workers in Qatar, when Palestinian workers were victims of discrimination in the Occupied Territories.  Qatar had taken serous steps to amend and improve the situation of migrant workers, provide them with protection and improve their living conditions.
 
Morocco, speaking in a right of reply, said that it was saddened by the response of the Algerian delegation.  For over 40 years Algeria had shirked its international responsibility.  The crimes that were committed were issues that should involve the responsibility of Algeria in the Council. 
 
Algeria, speaking in a second right of reply, decried the fallacious accusations of the delegation of Morocco and said that the Western Sahara was a territory that was always on the agenda of United Nations agencies.  No country had recognized Morocco’s sovereignty over that area.  All United Nations Member States were concerned about the future status of this territory.  It was natural that the Council and the Office of the High Commissioner for Human Rights followed any human rights violations in this territory, which was occupied by Morocco.
 
Morocco, speaking in a second right of reply, said Algeria always surprised them when it spoke about the Western Sahara, forgetting that it was responsible for the persistence of this problem.  Algeria had a responsibly as a host country for the status of these people in Tinduff and was thus responsible for the crimes taking place in that territory.  Algeria’s internal record was too modest for it to speak so passionately.
 
Russian Federation, speaking in a right of reply, regretted that some delegations continued to raise the so-called illegal annexation of Crimea to Russia.  Russia had not annexed Crimea, but this took place in full conformity with international law and on the basis of the right of people to self-determination.  Fallacious accusations had been made against Russia, saying that Russian soldiers were responsible for aggressions in southeast Ukraine.  This was unfounded and there was no confirmation that regular Russian soldiers were fighting in southeast Ukraine.
 
 _________

For use of the information media; not an official record