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Statements Commission on Human Rights

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27 March 2001

Commission on Human Rights
57th session
27 March 2001





STATEMENT DELIVERED BY
Mr. FREDERICO S. DUQUE ESTRADA MEYER,
MINISTER COUNSELOR OF BRAZIL TO THE
57th SESSION OF THE COMMISSION ON HUMAN RIGHTS

Agenda item 7: The Right to Development


Mr. Chairman,
I would like to join previous speakers in congratulating you, Ambassador Leandro Despouy, for your election as Chairman of the 57th Commission on Human Rights. As a Representative of the sister nation of Argentina we are extremely pleased to see you in the Chair and trust that your long experience in dealing with Human Rights issues as well as your personal integrity and your wisdom will guide us towards the best possible results.

2. Let me also take this opportunity to pay tribute to the extraordinary job performed by the High Commissioner, Mrs. Mary Robinson. Her announcement to the effect that she will not apply for a second term caught us slightly by surprise. We respect her decision, of course, and trust that the contribution she has already made will be long lasting and will facilitate the task of her successor. We are particularly appreciative of Mrs. Robinson’s personal commitment to raise the level of attention devoted to the entire chapter of Social, Economic and Cultural rights, and to the RTD.

3. Mr. Chairman, in addressing this agenda item, my Delegation fully supports the intervention made by Mexico on behalf of GRULAC.

4. We must not underestimate the challenges States, international organizations, NGOs and the entire civil society face in fully implementing the RTD, as defined in the Declaration and in the Vienna Conference. Our current debate must take root in the principles of solidarity and equity at the international level. Economic dispossession and social exclusion are phenomena which confront the international community with a moral imperative to respond. In addition to our individual responsibility at the national level, we must not lose sight of our collective responsibility to address this fundamental dimension of the human rights agenda.

5. Brazil has been developing several successful social programs, at the domestic level, which can be looked at as creative examples of how to give meaning to the right to development - even in a situation of relative scarcity of resources. Allow me to mention some of them. The first is the program “Comunidade Solidária”, established in 1995, targeted to promote more efficient public social policies and to strengthen the participation of civil society in social initiatives. Government and civil society have thus been establishing partnerships to provide the financial, technical and human resources needed to fight against poverty and social exclusion.

6. Another important initiative is the program “Bolsa Escola” according to which Government provides financial resources to mothers who commit themselves to keeping their children aged 7 to 14 years enrolled at the local school. This program has proven to be one of the most cost-effective initiatives taken by Brazil, not only in terms of reducing the number of drop outs, but also as a mechanism to improve the overall quality of life of poor segments of the population. The success of this program, officially recognized by UNESCO, has generated interest in a number of countries, including Mexico, where more than 5 million children are now benefiting from a similar scheme.

7. Brazil has also been developing, since the mid-nineties, a successful program to fight against HIV AIDS, which includes a free drug-distribution system to attend all those affected. Brazil is also negotiating modalities of cooperation with other countries, especially those from the African Continent, in order to share experiences and transfer know-how in this critical field.

8. Thanks to this programme we have been able to disprove such pessimistic forecasts as the one put forth by the World Bank a couple of years ago according to which there would be 2 million HIV infected people in Brazil by the year 2000. As it turns out, and based on the latest official figures, there were approximately 580.000 HIV infected individuals last year in Brazil, in others words, the infection rate has in fact regressed to the 1995 level.

9. Allow me also to share with you two messages we have received. One was sent by the International Labor Organization last Thursday to my Government, in which it made positive reference towards the Brazilian Programme for the Elimination of Child Labor, and indicated its satisfaction to the fact that Brazil was one of the first countries to ratify the Convention 182 on the Elimination of the Worst Forms of Child Labor. The second one is UNESCO’s support to the implementation of the Brazilian Programme of Solidary Literacy in other countries, as in East Timor and Mozambique. In Brazil, this initiative has so far provided 1,5 million people with elementary instruction.

10. At the international level, Brazil wishes to acknowledge the many valuable efforts taken by donor communities, international agencies and financial institutions with a view to reducing poverty. In this regard, the new approach adopted by the World Bank and the International Monetary Fund to put social issues at the center of their analyses and strategies signals an overdue and welcome improvement, which deserves to be consolidated and expanded upon.

11. It is clear, however, that this is not sufficient. The full implementation of the conceptual framework for the Right to Development requires action on a much wider front. Trade is one area which can become a powerful tool for achieving economic growth and sustainable development if placed in the perspective which inspires our discussions on the Right to Development. Dealing effectively with a moral imperative presupposes, at the very least, an equitable and non-discriminatory multilateral trading system capable of allowing developing countries to integrate more fully into the global economy.

12. To give some examples of areas where changes are needed, one need only mention the negative impact of the limitations and loopholes of the Agreement on Agriculture and the way it has been applied on the export potential of developing countries - with its corresponding social impact. The enjoyment of Human Rights would unquestionably be enhanced if trade in agriculture were to be placed on a par with trade in industrial goods. The existing distortions caused by export subsidies and internal support granted by developed countries amount, in fact, to a perverse form of Special and Differential Treatment “in reverse” which penalizes the needy and benefits the wealthy, in contradiction with stated objectives in the field of Human Rights. The same could be said to apply to others sectors such as textiles, steel, etc....

13. Another challenging front is the need to factor in Human Rights current debates on intellectual property. Actions taken by member States in the domain of intellectual property must not undermine respect for basic Human Rights. Access to health services including affordable medicines is one such right. Respect for fundamental Human Rights can simply not be subordinate to narrowly defined business interests. As President Fernando Henrique Cardoso stated: “If one has to choose between profit and human life, the slightest hesitation would already be immoral”. We believe it is appropriate for this Commission to look into this important issue, thereby strengthening international efforts to factor in the ethical dimension into the debate. Good governance at the international level should be understood as a concept which helps us to avoid such choices.

14. Mr. Chairman, Brazil - in close coordination with GRULAC countries -, has actively participated in discussions held in the two previous sessions of the Open Ended Working Group on the RTD. The frank, rich and interactive debate among country States, international organizations, NGOs and civil society representatives allowed for some valuable progress to be made.

15. My Delegation sees merits in the studies prepared by the Independent Expert, Arjun Sengupta, whose contribution allowed the WG to further advance in the analysis of the substance of the RTD, and, more importantly, to go beyond the theoretical debate in which this issue had been confined so far, and consider - what really matters - its effective implementation.

16. A contribution by the Independent Expert, supported by my Delegation, is the idea of establishing specific mechanisms, at national and international levels, to monitor the implementation of the RTD. We need not think in terms of a treaty body, since this would presuppose the examination of a single specific category of rights, while, in practice, the Right to Development is broad and pervasive.

17. Mr. Chairman, my Delegation would like to associate itself to previous speakers and thank Ambassador Mohammed Salah-Dembri, Permanent Representative of Algeria, for his remarkable work as Chairman of the WG on the RTD. Brazil believes that Ambassador Dembri should be re-appointed to continue to lead our work during the intersectional period of the 57th Human Rights Commission.

18. Finally, my Delegation does not ignore the difficulties that lie ahead in the process of implementation of the RTD, which will only be surmounted if the international community cooperates actively towards this endeavor. After two sessions of the OEWG it was possible to overcome a qualitative stage in the examination of the problems related to the concept of the RTD and to move to a forward looking mode, in terms of possible practical modalities for its implementation. Many avenues were opened, as the more than 150 suggestions presented at the end of the first session the WG attested. It is now up to the international community to further advance in this field, ideally in a consensual basis, to ensure that the energy we have already devoted to the issue will not be put to waste.

Thank you Mr. Chairman.