人权理事会与外债问题专家和食物权问题专家开展互动对话（部分翻译）

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日内瓦（2016年3月7日）——今天，人权理事会与外债问题独立专家胡安·巴勃罗·波霍斯拉夫斯基（Juan Pablo Bohoslavsky）和食物权问题特别报告员希拉尔·埃尔弗（Hilal Elver）开展了一次集体互动对话。

波霍斯拉夫斯基先生表示，不平等也许会极大地助长金融危机的产生。不平等推动提高了私人信用水平，这转而影响了主权债务和金融市场的稳定性。结构性的调整方案应该经过稳健的人权影响评估，且不仅仅是以短期的财政目标为导向。波霍斯拉夫斯基先生提到他在关于非法资金流动、人权以及《2030年可持续发展议程》的研究时表示，税的滥用使政府丧失了用于逐步实现人权的资源，迫使它们在其他方面提高国家税收，包括最终影响穷人的递减税。应该要求跨国企业分别针对各个国家公开报告。他谈及了对中国和希腊进行的访问。

中国和希腊作为当事国发言。希腊国家人权委员会也作了发言。

埃尔弗女士表示，在妇女权利和食物权的十字路口上，有两处脱节。第一处脱节是国际法没有完全赋予女性食物权，包括不恰当的父权语言的使用。第二处脱节有关将营养与充足食物权分离的趋向，这导致了对增加食物产量的关注而非对广泛而平等地获取食物的关注。由于女性在粮食系统中的特殊作用，性别分析对于理解饥饿和营养不良的原因十分重要。世界上70%的饥民为女性，她们也不成比例地受到了营养不良的影响。然而，全球一半以上的粮食是由她们负责生产的。填补农业上的性别鸿沟需要制定对性别问题有敏感认识的政策。

她提到了对菲律宾和摩洛哥进行的访问。

菲律宾和摩洛哥作为当事国发言。菲律宾人权委员会和摩洛哥国家人权委员会（Conseil National des Droits de l’Homme du Maroc）也作了发言。

在随后关于外债问题的讨论中，代表们就全球高度不平等现象表达了深切的关心，并补充道，人权法要求对资源进行重新分配。外债必须支付，也必须找到不破坏人民生存和发展的方式。

在关于食物权问题的讨论中，各代表团表示，针对解决影响粮食不安全与营养不良的关键因素的政策和措施必须对性别问题有敏感认识，必须认识到妇女的食品权未能实现与其他权利（如健康权和教育权）未能实现之间的联系。各代表团还询问了国际合作伙伴在填补农业性别鸿沟问题上可以发挥的作用。

以下代表团参与了集体互动对话：欧盟、代表伊斯兰合作组织的巴基斯坦、代表阿拉伯集团的科威特、代表拉美及加勒比国家共同体的多米尼加共和国、代表非洲集团的南非、比利时、印度、印度尼西亚、尼日利亚、古巴、玻利维亚、法国、埃及、中国、突尼斯、萨尔瓦多、纳米比亚、土耳其、意大利、伊朗、阿尔及利亚、委内瑞拉、瑞士、苏丹、教廷、南非、墨西哥和多哥。

理事会将于3月8日（周二）上午9点继续互动对话。今天下午3点，理事会将继续其关于儿童权利问题的年度全天会议。

文件

理事会面前有国家的外债和其他有关国际金融义务对充分享有所有人权尤其是经济、社会和文化权利的影响问题独立专家的报告（A/HRC/31/60）。

理事会面前有国家的外债和其他有关国际金融义务对充分享有所有人权尤其是经济、社会和文化权利的影响问题独立专家报告的增编——访问中国（A/HRC/31/60/Add.1）。

理事会面前有国家的外债和其他有关国际金融义务对充分享有所有人权尤其是经济、社会和文化权利的影响问题独立专家报告的增编——访问希腊（A/HRC/31/60/Add.2）。

理事会面前有国家的外债和其他有关国际金融义务对充分享有所有人权尤其是经济、社会和文化权利的影响问题独立专家关于非法资金流动、人权和《2030年可持续发展议程》的最后研究报告，尤其是经济、社会及文化权利（A/HRC/31/61）。

理事会面前有食物权问题特别报告员 （A/HRC/31/51）。

理事会面前有食物权问题特别报告员报告的增编——访问菲律宾（A/HRC/31/51/Add.1）。

理事会面前有食物权问题特别报告员报告的增编——访问摩洛哥（A/HRC/31/51/Add.2）。

理事会面前有食物权问题特别报告员报告的增编——访问菲律宾 ——国家评论（A/HRC/31/51/Add.3）。

理事会面前有食物权问题特别报告员报告的增编——访问摩洛哥 ——国家评论（A/HRC/31/51/Add.4）。

Presentation of the Reports

JUAN PABLO BOHOSLAVSKY, Independent Expert on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of all human rights, particularly economic, social and cultural rights, presenting his thematic report on inequality, financial crises and human rights, noted that although there was an emerging consensus that extreme inequalities needed to be tackled, the linkages among economic inequality, financial crises and human rights had generally been neglected. International law recognized the duty of States to address and prevent inequality which underlined the realization of human rights. A certain level of redistribution was expected in order to guarantee individuals an equal enjoyment of their basic rights and to prevent discriminatory outcomes. Further, inequality may substantially contribute to the emergence of financial crises. It prompted increased levels of private credit, which in turn affected sovereign debt and stability of the financial markets. At the same time, austerity measures adopted in response to financial crises had further exacerbated inequality and pushed disadvantaged groups below minimum income thresholds. Structural adjustment programmes should be subjected to robust human rights impact assessments and not only oriented at short-term fiscal targets.

Turning to his study on illicit financial flows, human rights and the 2030 Agenda for Sustainable Development, Mr. Bohoslavsky said that tax abuse deprived Governments of resources required to progressively realize human rights, and forced them to raise revenue for other sources, including through regressive taxes ultimately impacting on the poor. Curbing illicit financial flows required policy efforts by countries of origin and of destination, and clear accountabilities for implementing these efforts. States should actively participate in the global movement towards the automatic exchange of tax information and require by law that beneficial ownership information was publicly disclosed. Transnational businesses should be required to report publicly on a country-by-country basis. Turning to his country visits to China and Greece, the Independent Expert recommended that China adopted appropriate measures to ensure the accountability and legal liability of Chinese companies for potential human rights abuses, and called upon European partners to increase their support for combatting poverty and social exclusion in Greece and to provide human, technical and financial resources for food, healthcare, and emergency housing for refugees.

HILAL ELVER, Special Rapporteur on the right to food, noted that despite the legal framework designed to protect them, women experienced poverty and hunger at disproportionate levels. Institutionalized gender discrimination and violence continued to impose barriers that prevented women from enjoying their economic, social and cultural rights and specifically the right to adequate food and nutrition. There were two disconnects that existed at the crossroads between women’s rights and the right to food. The first one was the failure in international law to fully endow women with the right to food, including through the use of inappropriate patriarchal language. The second disconnect related to the tendency to separate nutrition from the human right to adequate food, which resulted in a focus on increased food production rather than broad and equal access to food. One of the most significant factors enabling women to thrive as producers of food was the ability to own and access land. Unfortunately, the exclusion of women from land ownership was a global phenomenon. Women’s ownership of property was a significant indicator in measuring poverty, and a key factor in securing the increased participation of women in household decision-making. The disproportionate exclusion of women through the intellectual property rights regime, particularly in the context of agriculture, was also an issue of considerable concern. Seeds that would have once been saved and shared predominantly by women were now the intellectual property of corporations. Trade liberalization had forced women to struggle to maintain household incomes because of increased competition with imported agricultural goods, reduced prices and declining commodity prices in international markets.

Gender analysis was important for understanding the causes of hunger and malnutrition, due to women’s special role in the food system. Women accounted for 70 per cent of the world’s hungry and were disproportionately affected by malnutrition. Yet, they were responsible for more than half of global food production. Closing the gender gap in agriculture required the development of gender-sensitive policies. Ensuring land rights, reinforcing the rights of girls and women to education and social protection, and increasing women’s participation in decision making in a meaningful manner were critical. Speaking of her country visits, Ms. Elver said that many Filipinos were unable to meet their basic food needs, noting that women and children fared worst. She expressed concern about the implementation gaps in almost all social policies, combined with a lack of consistency at the policy-making level, which had resulted in flawed legislation and right to food policies. As for Morocco, she said it had made impressive strides in recent years to eradicate extreme poverty and to eliminate hunger. However, considerable challenges remained, such as tackling inequality and vulnerability, and increasing disparities between regions, and between urban and rural areas.

Statements by Concerned Countries

China, speaking as a concerned country, said that the serious and professional attitude of the Independent Expert was appreciated. The Chinese Government’s financial bodies and industry associations had issued guidelines for Chinese enterprises with overseas investments when it came to social responsibility, the environment and human rights. On foreign aid, China adhered to the principle of mutual respect with an emphasis on the win-win approach. China had never imposed its ideology, values or mode of development on recipient countries. China had improved countries to develop their livelihoods through the South-South cooperation process. It was stressed that Chinese companies overseas adhered to fair practices and took their environmental, social and labour responsibilities seriously. China had so far signed for cancellation of debt with 50 countries across the world, amounting to $ 30 billion. China was planning to implement new initiatives in cooperation with other BRIC (Brazil, Russia, India and China) countries.

Greece, speaking as a concerned country, considered the report to be innovative, far-reaching and balanced as regards its understanding of the Greek economic and social crisis. No programme for reforms and fiscal adjustment could be effective without society’s support; the suffering of the most vulnerable social groups ought to be alleviated. Greece concurred with the report that to date no comprehensive human rights impact assessments of the three economic reform programmes had been carried out. The Greek Government had adopted regulations providing for the protection of the primary families homes from foreclosures affecting low-income families. One of the recommendations from the report included providing debt relief to Greece with the view of boosting social inclusive growth. Despite austerity and the economic crisis, Greece was determined to continue doing its utmost to respond adequately to the refugee crisis in full compliance with relevant international treaties.

Greek National Commission for Human Rights said that the austerity measures violated international and European human rights law. The Commission appealed to Greek authorities and European Union institutions to mobilise towards the protection of international norms, and to conduct a human rights assessment of the austerity measures, in line with the Independent Expert’s recommendations.

Philippines, speaking as a concerned country, expressed its commitment to human rights and to sustained social and economic progress. The Philippines welcomed the report of the Special Rapporteur on the right to food. The Right to Adequate Food Bill, when enacted into law, would provide the overarching framework governing better coordinated programmes in the pursuit of sustainable food security and the right to adequate, nutritious and safe food. In the meantime, the Philippines was committed to implement measures to ensure that all enjoyed the right to food, including the most vulnerable populations. Noting the adverse impact of climate change on the right to food, the Philippines had developed climate change oriented farm finance programmes with firm budgetary allocations, among other climate change adaptation specific measures.

Commission on Human Rights of the Philippines welcomed the report of the Special Rapporteur, and supported all the recommendations therein. It stressed that it was constitutionally mandated to monitor the Government’s compliance with international human rights standards, including the provisions of the International Covenant on Economic, Social and Cultural Rights. The Commission strongly urged the Government of the Philippines to sign and ratify the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. Access to land was one of the key elements to ensure the enjoyment of the right to food.

Morocco, speaking as a concerned country, reiterated the country’s commitment to human rights and to cooperate with United Nations human rights mechanisms. The recommendations made by the Special Rapporteur were given due consideration and would be taken into account when adopting legislation. Morocco would pursue its efforts to combat poverty, develop agriculture and integrate development reforms for farmers. The Nutrition Strategy was being implemented, and would strengthen and promote children’s right to food. Morocco regretted that all the statistics provided by the Government had not been taken into account in the report of the Special Rapporteur.

Conseil National des Droits de l’Homme du Maroc welcomed the efforts deployed by the Government in order to protect the right to food, including programmes to combat disparities in rural areas. Challenges remained, particularly with regards to the agricultural sector. The Government should implement recommendations to develop an appropriate legal framework addressing the needs of vulnerable people, including women, those with mental illnesses and those in detention. It called upon the stakeholders to deepen the debate on the impact of climate change on the right to food.

Interactive Dialogue

European Union had for a long time supported gender-sensitive policies, and believed that an increased access of women to assets could have numerous positive effects. How best could the obstacles identified in the report be addressed? More information was also sought on the provision of child care services in rural areas. Pakistan, speaking on the behalf of the Organization of Islamic Cooperation, believed that existing international intellectual property rights could limit the possibility of sharing seeds between rural communities. The increasing corporalisation of agriculture required closer analysis. There was an urgent need to change policies affecting the debt burden of developing countries.
Kuwait, speaking on behalf of the Arab Group, affirmed the active role of Arab development funds in advancing social and economic development in a number of countries in the region. Kuwait believed that equal work opportunities ought to be provided for young women, while women’s role in agricultural development should also be increased.

Dominican Republic, speaking on the behalf of the Community of Latin American and Caribbean Countries, said that leaders of the Community had undertaken to put an end to poverty, including through implementing the Sustainable Development Agenda and promoting social inclusion. Unsustainable agricultural practices ought to be eliminated, while the importance of rural women in ensuring food security was emphasized. South Africa, speaking on behalf of the African Group, was deeply concerned that global inequality was at a very high level, and many people around the world did not have the means to provide for their livelihoods and advance. Curbing illicit financial flows was essential for the realization of human rights.

Belgium, addressing the issue of food security, said that in many countries, women were not involved in decision-making processes. What strategies were proposed to prevent counterproductive reactions? India said that closing the gender gap in agriculture had positive effects not just on women and children but also on the general well-being of families and societies. Indonesia extended an invitation to the Special Rapporteur on the right to food to visit Indonesia, and asked what role international partners could play in closing the gender gap in agriculture? Nigeria urged European Union countries to work toward a congenial conclusion of the financial state of affairs in Greece, and on the right to food asked how the drought situation particularly afflicting Africa today would have an effect on the issue. Cuba said the disadvantages that women faced eroded the right to food, and on the issue of foreign debt said that the report revealed the need for the international community to implement measures in response to inequalities between income and wealth. Bolivia said it had mainstreamed gender and thus become one of countries which had allocated the most land to women. On foreign debt, it was urgently necessary to reform the Bretton Woods institutions.

France shared the Special Rapporteur’s concerns regarding women’s lack of access to food and to land due to legal and traditional barriers, and noted the particular vulnerability of women to the effects of climate change. What should States do to ensure that women were included in sustainable development policies? Egypt said that policies and measures aimed at addressing the key factors affecting food insecurity and malnutrition should be gender sensitive, and should recognize the direct links between the non-realization of women’s right to food and other rights, such as to health and education. China said that it produced 25 per cent of the world’s food for almost 20 per cent of the world’s population, and had also provided financial support to developing countries to achieve worldwide fulfilment of the right to food. Tunisia said that unregulated markets raised the risks of crises and undermined the enjoyment of economic, social and cultural rights. Tunisia fully supported the recommendation by the Special Rapporteur that policies on development, food or climate change had to be gender sensitive. El Salvador said that States should continue to approve women’s right to food through the adoption of gender-sensitive policies, and recognized that food insecurity needed to be tackled through a multi-sectoral approach. El Salvador was one of the few countries in Latin America that had established a national body responsible for food security. Namibia was astonished to learn from the Special Rapporteur that women accounted for 70 per cent of the world’s hungry and called upon highly industrialized countries and emerging economies to avoid the further exacerbation of climate change. Namibia had established a dedicated ministry to eradicate economic and social inequality and poverty. Turkey agreed that gender analysis was important for understanding the causes of hunger and malnutrition, due to women’s special role in food systems. Turkey believed that the efforts to advance gender equality and empowering women and girls should be prioritized.

Response by the Special Rapporteur on the right to food

HILAL ELVER, Special Rapporteur on the right to food, said that Morocco and the Philippines had graciously accepted her reports; the existing relationships between the Rapporteur and the countries concerned ought to be followed up on. Focusing on monitoring mechanisms was extremely important. She encouraged all Governments to ratify the Optional Protocol of the International Covenant on Economic, Social and Cultural Rights. Many of the Sustainable Development Goals, accepted in 2015, were directly connected with food security, agricultural development and women’s rights. All of those goals should be looked at as connected with each other. Governments were encouraged to look at the voluntary guidelines of the Committee on Food Security, which should be more implemented in their national policies.

Culture was changeable, stressed Ms. Elver, and the most important factor in that regard was educating boys and girls, men and women. Thus, traditional barriers affecting women could be brought down. The right to food was not only the responsibility of Governments, but it was also connected to trade and climate issues. With climate change, some existing problems had become further exacerbated, with sub-Saharan Africa being particularly vulnerable. If there was a drought in Africa, the international community should look into what it could do in order to help, including debt relief and providing technical expertise. All were living in a global village today, and if problems could not be tackled at their roots, the whole world would be affected. Women had to be included in the decision-making process, and monitoring mechanisms in that regard were absolutely needed. Food, climate change and women’s empowerment were all interconnected.

Interactive Dialogue

Italy believed that Expo Milan 2015 had been a successful occasion to give a new impulse to the right to food and the relevance of food security. The “Women for Expo” initiative aimed at sensitizing Governments, civil society and the public opinion had resulted in a charter of the Women for Expo Alliance, which aimed at promoting and increasing the role and contribution of women in agriculture. Iran noted that climate change was a typical example of the ecological barrier that threatened to make the difficult situation of food security in the world even worse. Instead of providing developing countries with fresh resources, the debt system had forced them to give priority to payments to creditors over the provision of basic social services. Algeria warned of the social impact of inequalities on the most vulnerable populations, especially the negative effects of indebtedness. As for the right to food, Algeria asked what concrete actions and approaches should be taken at the international level to enhance access to food. Venezuela noted the extremely high levels of poverty globally, which required the restructuring of sovereign debts. As for ensuring women’s right to food, there was a need for implementing strategies to diminish gender inequalities, particular in the rural context.

Switzerland supported the view that international cooperation should not be limited to improve women’s access to technology, but also to strengthening their access to productive resources, in particular to land and ownership. Sudan underscored the relationship between poverty and human rights, objecting to the use of foreign debt to create inequalities between countries. It asked the Special Rapporteur to elaborate on recommendations to improve the access of women to food. Holy See noted that while foreign debts had to be paid, ways also had to be found not to undermine the right of people to subsistence and progress. Political and economic activity was only viable when it was understood as a prudent activity that led to progress and wellbeing. South Africa recognized the important role of women in the production of food and the reduction of poverty, and the need to hear the voice of rural women in relevant discussions. As for foreign debt, the United Nations should decisively move to restructure sovereign debt, and the fight against illicit financial flows from Africa should be a priority.

Luxembourg said that in the context of development aid policies, Luxembourg attached importance to programmes in those areas, adding that the fundamental rights of agricultural workers were frequently violated. Bangladesh said there was a need to ensure that intellectual property rights did not form a pretext to deny access to seeds and different varieties of plants to farmers in developing countries. Food and Agriculture Organization detailed efforts put into ensuring the active and empowered participation of women in decision-making spheres in order to guarantee that gender-related realities were properly taken into account in policy and legislative processes contributing to the realization of the right to adequate food. Kyrgyzstan said that acute economic inequalities had an effect on human rights, and that the global economic crisis had an impact on development processes. The first to suffer were the least developed and developing countries. Burkina Faso said that modern legislation on gender often confronted customs which were strong traditions in some countries, urging the Special Rapporteur to help countries that had customs which were obstacles to women owning land. Djibouti welcomed the study by the Independent Expert, and noted that the country had implemented an ambitious policy on the matter, adding that a gender dimension had an important role to play in policies.

Mexico informed that its Constitution recognized the right to nutritious and quality food, and policies were implemented to guarantee that right. Gender equality was a cross-cutting issue and women’s empowerment was seen as a key factor in sustainable development. What measures could States take to avoid jeopardizing vulnerable groups in natural emergency situations, asked Mexico? Togo said that the combat against hunger and malnutrition constituted a major goal of the Government, which was why there was a national programme in place for investment and food security. Crop production, livestock production and the fisheries sector were being supported through national means.

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