Geneva, 22 August 2000
Despite restrictions introduced by the last session of the UN Commission on Human Rights on the mandate of the Sub-Commission, including the shortening of the session from 4 to 3 weeks and the prohibition against making country specific resolutions, some progress was made during the 52nd session of the Sub-Commission, especially in the field of economic, social and cultural rights.
Pax Romana welcomes in particular two resolutions, on the "Promotion of the realization of the right to drinking water and sanitation" and on "Trade Related aspects of Intellectual Property Rights (TRIPS)" approved by the Sub-Commission. These two resolutions, together with the reports on the impact of globalization on human rights and the Working Group on Transnational Corporations (TNCs) and the creation of a "social forum" were most timely and constitute the most important outcomes of this Session.
In interventions made during Inter-Sessional Working Group on Transnational Corporations (TNCs), Pax Romana stressed the need to draft legally binding instruments to regulate TNCs in addition to the Code of Conduct for TNCs tabled at the Sub-Commission to curb the negative impact of their activities.
In the context of the forthcoming World Conference Against Racism 2001 (WCAR), Pax Romana raised the question of affirmative action policy in Malaysia, migration and related xenophobia in Spain and Dalits in India. Pax Romana welcomes the resolution on "discrimination based on work and descent", which will give greater exposure to discrimination against groups in South Asia, Senegal and Japan.
The docuements below give the full text of the interventions made by Pax Romana
Questions of the violations of human rights and fundamental freedoms, including policies of racial discrimination and segregation, in all countries, with particular reference to colonial and other dependant countries and territories
Mr Chairman,
Pax Romana welcomes the Human Development Report 2000 that categorically states that `Inclusive Democracy Secures Rights for All' (chapter 3). This millennium is the time to ensure that democracy be based on human rights.
The Commission on Human Rights has mandated the Sub-Commission "to discuss urgent matters involving serious violations of human rights", and furthermore the opening speech of Mrs. Mary Robinson attests to the fact that "instances of serious violations of human rights remain a source of deep concern....in many countries such as that of Indonesia".
INDONESIA
In his briefing to foreign ambassadors in Jakarta on 7 July 2000, the Foreign Minister of Indonesia noted that problems in conflict areas like Aceh are caused by injustices and grave violations of human rights. Also, as the chair noted in her Statement made during the 51st Session of the UN Sub-Commission, the Indonesian government committed to bring the perpetrators of human rights violations to justice.
Pax Romana deeply regrets the fact that this commitment has not been realised yet. Despite the investigations that have been conducted, the case of the May Riots in 1998 and the Semanggi cases are two of a number of cases where those responsible for human rights violations have not been brought to justice. In the Beutong case, West Aceh, Lieutenant Colonel (Inf.) Sudjono, an important witness was not brought to the court. It shows that cases on human rights violations do not touch high ranking officers who were allegedly responsible for the violations. Putting an end to impunity is indeed a big factor for Indonesia's democratisation process and reconciliation.
The deterioration of security in conflict areas has resulted in about half a million persons, mostly women and children, becoming refugees. In Aceh alone, at the end of July 2000, there were 23,806 such persons of whom 8,700 are children. These children have lost their right to education, play, health-care, nutrition and security. We urge the Indonesian government to allow humanitarian relief organisations to have access to these people.
Recalling the Statement of the Chairperson of the 51st UN Sub-Commission, we would also like to urge the Indonesian government to realise its commitment to ratify the ICCR and ICESCR. The Indonesian government must implement its commitments to the Convention Against Torture which it has ratified.
ZIMBABWE
The Human Development Report 2000 mentions that there are four defining factors of a democracy based on human rights. One of its features is that the holding of free and fair elections contributes to the right to political participation. [Human Development Report 2000, p. 56].
Bearing this in mind the attention of the Sub-Commission members is drawn to Zimbabwe prior to and after the general elections of 24 to 25 June 2000.
During the run-up to the elections, various atrocities were committed with impunity by politically sponsored hooligans, the majority of whom were members of the ruling party. The atrocities that were reported in the press were investigated and are documented by a number of NGOs and these included the following; rapes, severe beatings, physical and psychological torture and intimidation, burning of homes of known and suspected opposition supporters, kidnappings and killing of up to 30 people, most of whom were members of the opposition. The result of all this was the closure of schools, clinics and stoppage of work on the occupied farms, farm workers, teachers and nurses running away to seek refuge from the beatings and killings as the police could not enforce the law.
During the elections, sanity prevailed but after the elections, to this day, farm invasions and unrest continue. The General Agricultural and Plantation Workers' Union report that more than 8,000 of their members have not resumed their work due to the continuing harassment by the so called war veterans. One election agent who was kidnapped during the run-up to the elections has still not been located. The land question remains unresolved. Despite policies to regain powers to enforce the law, many perpetrators of the nations pre-election violence are still at large.
States must develop a mechanism to adequately protect human rights. Pax Romana therefore appeals to the government to respect the rule of law, bring to book all the perpetrators, tackle the land question with all stake holders, including members of the opposition, churches, etc. once and for all, and not use it as a political ploy and a racial issue as is the case now.
Another feature of democracy based of human rights is to encourage an open civil society that contributes to the fulfilment of the right to peaceful assembly and association [Human Development 2000 report, p. 56]
MALAYSIA
In Malaysia the right to freedom of assembly has been systematically denied for years. On 4 August, the verdict-date for the court case of deposed deputy prime minister Anwar Ibrahim, thousands of supporter, civil society groups and opposition political parties have decided to stage a peaceful gathering in the vicinity of the court house.
The newly-formed National Human Rights commission has openly stated that the public have a right to peaceful assembly and thus requested the police to allow peaceful demonstrations. Despite this statement, the police and government are threatening action against all those intending to gather on that day; justifying its denial of this freedom, with legal arguments.
States should not be allowed to continue to perpetrate systematic violations as we start this new millennium and Pax Romana urges and encourages the Sub-Commission to continue monitoring all systematic violations in all parts of the world.
Thank you Mr Chairman.
Madam Chairperson,
Pax Romana wishes to extend its thanks to Mr. Marc Bossuyt for his report and has read it with interest.
Affrimative Action in Malaysia
The Human Development Report 2000 states that Malaysia is a good example of a successful affirmative action policy (Human Development Report 2000, Chapter 3, p.65). Perhaps the reality there will attest to a different situation. It has been 30 years since the race riots took place that brought out the ugly side of racial politics. To date no open public inquiry has been conducted to clear all doubts about who were the perpetrators. Any discussion is deemed to be a threat to national security!
The government conveniently keeps using this horrible event to put fear into people. Most recently last week, on 1 August 2000, a government controlled TV station carried a special report on the 1969 race riots, to remind people not to come out in support of a planned demonstration for the verdict of deposed Prime Minister, Anwar Ibrahim. This scare tactic was also used during the national elections in 1999 to remind people not to vote for change if they do not want a repeat of the incident.
In Malaysia, the ruling government is a coalition government made up of mainly ethnic-based parties. The dominant party, UMNO, still speaks and pushes for 'Ketuanan Melayu' (Malay Lordship). It keeps preaching that the Malays need to be united against the others to ensure that Malays do not loose their 'lordship' in the country. This argument is used to thwart any attempts to bring a different set of multi-racial party politics into play. The Malays are the majority ethnic group in Malaysia comprising about 56% of the population.
Pax Romana urges the Sub-Commission to examine the alarmingly negative trends that have accompanied the affirmative action policy in Malaysia 30 years after its inception. (The policy was extended after it expired in 1990).
Dalits in India
Mr. Glele-Ahanzaro, the Special Rapporteur on Contemporary Forms of Racism, was clear in stating that "specific attention should be given to the situation of the untouchables in India". (E/CN4/1999/15) .
This "specific attention" will need to question why, despite the affirmative actions that have been put in place since 1989 by the State, there are an alarming number of violations of human rights committed against the Dalits. The Government of India must have the political will to introduce measures to weed out caste-based discrimination from its own institutions. The report of the National Public Hearing on Dalit Human Rights held in April 2000 in Chennai was a damning report against almost all State institutions, i.e. local government, police, prison officials, village leadership, etc.
Pax Romana believes therefore that the UN system must recognise that the caste system, as an institution, is in itself a source of gross violations of human rights.
World Conference Against Racism (WCAR)
Pax Romana welcomes the report by Mr. Sergio Pinheiro in preparation for the World Conference Against Racism (WCAR).
It is regrettable that the first Preparatory Committee meeting in Geneva in 1999 was a very disorganised meeting during which the presence of NGOs was not utilised to the full.
As far as the substance of the forthcoming WCAR is concerned, Pax Romana is convinced that the issue of discrimination based on religion should be addressed. The increasing intolerance in Europe towards Muslims, religious marginalisation and violence against the minority Christians and Muslims in India and Pakistan are just some of the examples of a growing trend.
The report of Mr. Oloka-Onyango states that globalisation tends to aggravate racial, ethnic and religious tensions. This is an excellent topic to be developed further in the forthcoming WCAR.
We urge all States to participate in the WCAR in a serious and open manner, and to ensure that it be a truly action-orientated Conference.
Immigration Law in Spain
Racist acts such as those carried out against migrant workers are often generated by economic problems. Racism takes various forms and is shown also in the limitations or preferences with regard to the kind of work that migrant workers can do. Bad legislation and the inability of states to grant both migrants and local workers' rights lead to incidents of a racist nature such as the ones that are currently taking place in Europe. In Spain, for instance, racist acts against Magribian people often derive from working conditions.
At the beginning of 2000, a new law, which is now in force, regarding migrants' rights was passed. It grants some basic rights to migrants arriving in Spain, irrespective of their situation, legal or not, on the basis of the principle of equality that governs not only all international Human Rights instruments but the Spanish legal system as well.
Now, there a green paper has been tabled to reform this law and to restrict migrants' rights including the right to association, to strike, to syndicate, to an effective judicial defence, etc. The non-obligation for the government to justify any expulsion made (with all the negative consequences that this has) and the hardening of measures to extend migrants' work permits or as regards familial reunification for humanitarian reasons are only some of the restrictions on basic rights that this reform intends to introduce into the law.
Europe needs migrant workers in order to cover its economic needs. Racist acts are increasing all over the region and many of the victims are migrant workers. European laws need to be revised in order to ensure the granting of basic rights to all citizens and no step backwards (such as the passing of the Spanish green paper) should be allowed.
We ask this Sub-Commission:
Thank you Madam Chairperson.
The realization of Economic, Social and Cultural Rights, The International Economic Order and the Promotion of Human Rights
Madam Chairperson,
Pax Romana welcomes the report of Mr. Oloka-Onyango and Ms. Udagama on Globalization and its impact on the full enjoyment of human rights (E/CN.4/Sub.2/2000/13) and the working paper on the promotion of the realization of the right to drinking water supplies and sanitation (E/CN.4/Sub.2/2000/16, E/CN.4/Sub.2/1998/7). We also welcome the report of Mr. Bengoa on the establishment of a social forum as a place for proactive dialogue on economic, social and cultural rights.
In the early 1990s, the phenomenon of globalization, was hailed by the International Financial Institutions as the way for the South to develop and industrialize. However, the more recent development experience has forced the IMF, the WTO and the World Bank to demote structural adjustment programs such as privatization, from the certain prescription for success to mere prerequisites for development. Nevertheless, these stringent economic policies remain as harsh as ever, often posing serious challenges to the realization of human rights, and in particular the right to drinking water and thus the right to life.
In carrying out a serious dialogue with International Financial Institutions, Pax Romana met with the leadership of the International Monetary Fund and the Inter-American Development Bank, as well as regional and project staff of the IMF and the World Bank in October 1999. It became clear to us that the primary model of development advocated by these global financial institutions is not presently socially viable, or inclusive of local communities. In fact the report of Mr. Oloka-Onyango and Ms. Udagama acknowledges that institutions that currently make the rules that govern the processes of globalization as we know them require reform.
As is also pointed out in their report, "there is a need for a critical reconceptualization of the policies and instruments of international trade, investment and finance . In other words, there is a dire need for human rights." International Financial Institutions must acknowledge and respect their human rights obligations and formulate their development policies with the context of these rights.
Economic development always runs contrary to respect for human rights and often globalization can offer an opportunity for local empowerment. The experience of the Grameen Bank in Bangladesh shows that a micro finance program instituted to provide loans to women interested in self employment, raised living standards, alleviated poverty and in many instances improved womens' social standing. Such grass roots economic activity both serves the purpose of development, as well as honored and respected human rights and dignity. However community based, local programs still constitute only a small fraction of the World Bank's development programs.
It is unfortunate that the World Bank, the WTO, and the IMF, along with TNCs have perpetuated an environment where the human being is too often treated as an instrument of production and a means for profit rather than as the subject and purpose of economic activity.
The recent trend to privatize public works, as is often recommended by the International Financial Intuitions, is a disturbing one. Too often the privatization of public works puts the control over local industries into the hands of northern-based TNCs, thereby taking away the right of the local people to their own development.
The World Bank development aid has often contributed to the increased occurrence of drought and desertification and growing water crises in many parts of the world. The solution to this problem has most often been the privatization of water. However, water has often become too expensive for local use. As a result, not only is the local people's right to drinking water but their right to food security is also impinged. Farmers can no longer grow food within the context of privatized water simply because of the cost. Food security depends on water security, and maximizing food security in the context of water scarcity is most often incompatible with cost-efficient allocation.
Large projects and numerous structural adjustment policies create an environment in which it is nearly unavoidable that the few reap the benefits at the expense of the majority. Such was the case in Bolivia where the government, under the recommendation of the World Bank, privatized the water supply and Aguas del Tunari, an affiliate of the American based TNC, Bechtel, took over. As a result the price of water rose to 20 dollars per month and for many of the Bolivian families whose monthly income does not exceed 100 dollars, the increase was catastrophic. Many families were forced to make the difficult choice between safe drinking water and food. In the days following the privatization, riots broke out in Cochabamba. Six people were killed and many more were injured in the ensuing violence. The government did eventually give into the demands of the people, reaching an agreement that the Bechtel affiliate would leave the country and that the government would approve a reform of the national water law. Commenting on the crisis, Bolivian Bishop Juarez said that the "demands of the rural population must be listened to if you want lasting peace." Despite the final success, the privatization of water produced not only monetary hardship for the Bolivain populace but also impinged on their right to safe drinking water and denied them the right to development.
Privatization policies such as the privatization of water are compounded by the crippling debt of the developing states, making them more susceptible to accepting even the questionable development recommendations, while at the same time also leaving them particularly vulnerable to the deleterious effects of the failed projects.
Madam Chairperson, we would like to bring your attention to two alarming statistics; according to UNCTAD nearly 43 percent of the population of LDCs has no access to drinking water and more than a billion people in developing countries lack access to safe water. Also more than 2.4 billion lack adequate sanitation according to the UNDP 2000 report. At the same time transnational water companies wield immense power and some generate income in access of 80 billion dollars a year, four times the annual sales of Microsoft.
Madam Chairperson, Pax Romana would like to propose two recommendations for further action:
Thank you for your attention.
Madam Chairperson,
While talking about the children and youth, we are talking of about 40 % of the population of whom those aged between 15 and 24 make up approximately one sixth of the world's population. The International Movement of Catholic Students (IMCS) Pax Romana welcomes with great interest the speech by the High Commissioner Mrs Robinson who sounded very concerned about the situation regarding the promotion, realisation and protection of the rights of children and youth. This is very encouraging especially considering the fact that the youth have been a neglected sector within the UN system itself.
While juveniles are generally considered to be those below the age of 18, the term "youth" has not been defined and seems difficult or ambiguous to define though they are easy to describe and identify. This could explain why the youth are always talked about but never really given a stake in the economic, social and cultural rights platforms.
Pax Romana notes that the whole UN system talks of democracy and participation. We therefore ask, "In what other ways can the youth participate when they are not able to cast their vote?" Though the world may pretend that the youth cannot contribute much, it must be noted that they are among those who spearhead reforms, especially university students. Notable examples include the Indonesian students protest against the dictatorship of Suharto, the South Korean experience and the South African case during apartheid. Education, employment creation and political participation are among the means to help the youth attain their economic, social and cultural rights.
Education
The education of young people is key to a number of issues including, development. As noted in the General Comment No. 31 of the 21st Session of the Committee on Economic, Social and Cultural Rights, "Education is both a human right in itself and an indispensable means of realising other human rights." It is unfortunate however, that more and more youth find themselves not only without homes but definitely out of school as most countries in the south, and more so in Africa, require that fees be paid in full. Subsidies have been stopped as a result of the undemocratic Structural Adjustment Programs (SAPs) reforms imposed on the least developing countries without due regard to the effect and impact that this will have on the most vulnerable section of the population i.e. the youth, and indeed the weak economies of these countries. The Sub-Commission should therefore alert the Commission and advise it to be proactive in promoting investment in young people's education. Higher education is key to breaking the cycle of poverty and the full realisation of other rights. The UNDP Human Development Report 2000 points to the importance of higher education as a means to "spur political action and to demand more social and economic rights." The report points to the example of the Indian state of Kerala, where it states, "higher education and political awareness made a crucial difference in health achievements which surpassed those even in states that has higher per capita spending on health and more hospital beds per person."
Unemployment
Widespread youth unemployment today not only represents a challenge for the rights of young people but also creates a challenge for society as a whole. The ILO estimates that there are over 60 million young people who cannot find work. It goes on to say that those within the "15 to 24 age cohort are nearly twice as likely to be unemployed as adults." Overcoming these high levels of youth unemployment especially in the developing countries is central for development and overcoming poverty and is linked to the inappropriate education systems.
In her opening address to the Sub-Commission, Mrs. Robinson reiterated the request of Secretary-General Kofi Annan for "governments to develop strategies to reduce joblessness among youth." Madam Chairperson, governments can only do that if, together with the world financial institutions, they come up with development strategies with a human face. In the present context many harmful practices are carried out against young people including the trafficking of young people and young girls being forced into prostitution. At the present time there are no strong mechanisms that can be implemented to protect these young girls.
Youth Involvement and Political Participation
NGOs, governments and UN agencies can only benefit from more active participation by youths on all issues and in all levels of decision-making and must be the ones who minister to their own on civil and political rights. The UNICEF State of the World's Children 2000 stresses that youth involvement "provides a unique opportunity to break a number of vicious, intergenerational cycles, such as gender discrimination, violence and poverty." It goes on to stress that ensuring youth participation "in their own communities and civil society is fundamental to protecting their right to development and to ensuring that their rights are protected and met." Repressive laws are enacted to combat students organising themselves. In Malaysia for instance, the "University and Colleges Act" was enacted and is still in force today in order to prohibit students from discussing, engaging or involving themselves in any political issues.
Conclusion
Taking all this into account, we note that if empowered, youth can contribute a great deal to the fight for human rights and in view of the foregoing therefore, Pax Romana would like to recommend the following actions.
Thank you for your attention.
Joint Statement of Pax Romana and Saami Council
Madam Chairperson,
1. The 1993 World Conference on Human Rights affirmed the crucial connection between international peace and security, and the rule of law and human rights, placing them all within the larger context of democratisation and development. Entering the 21st century, we witness the change in the global security situation, which was not the case at the beginning of the nineties. Parameters of peace and security are being altered by the transmutation of conflict - from the threat of total and nuclear war to limited wars; from inter-state wars to intra-state conflicts, and regular structured warfare to irregular, low-intensity conflicts. "The requirements of security today have come to embrace the protection of communities and individuals from internal violence." Rather "a more human cantered approach to security" with the emphasis, "security begins with prevention."
2. Under the ever-expanding thrust of globalisation, the historical roles of control exercised by the nation-state are being steadily transformed, in particular when attending to the fault lines appearing with the breakdown of social cohesion. Yet, as Mr. Yokota reminded us under Item 2 of the current Session, "the first duty of states is 'prevention'." He also states that "prevention is just as important and relevant for human rights as for peace," specifically in relation to present-day conflicts.Madame Chairperson,
3. Pax Romana in collaboration with the Saami Council, Unrepresented Nations and People's Organization (UNPO) and the UNESCO Centre, Barcelona convened a follow-up seminar on "Self-Determination and Conflict Transformation" on July 30 to 31, 2000 in Geneva, coinciding with the end of the 18th Session of the Working Group on Indigenous Peoples and the beginning of the current Session of the Sub Commission. Actually, one of the principal reasons for the follow-up was the involved discussion among the experts of the Sub-Commission on the right to self-determination during the 51st Session, cutting across a number of agenda items, including women, indigenous peoples, minorities and country specific situations, including the intention of "an updating of terms such as the right to self-determination. This is very much in line with the interrupted studies on this question, the last one being presented at the 31st Session of the Sub-Commission in 1978, when the then Special Rapporteur, Mr. Aurelieu Cristescu concluded that "the right to self-determination had become on of the most important and dynamic concepts," exercising "a profound influence on the political, legal, economic, social and cultural planes, in the matter of fundamental human rights, and on the life and fate of peoples and of individuals as such."
4. In this connection, we are equally encouraged by the Millennium Report of the UN Secretary-General, entitled "We the peoples: the role of the UN in the 21st Century" that points out the loss of five million lives through conflicts, since the nineties. The report moves from people's perspectives towards priorities for member states, the leitmotif being prevention.
Madame Chairperson,
5. One of the main reasons for state breakdown has been the severity of conflicts between different and contradictory conceptions of a people. It is here we encounter "the problematic relationship between self-determination, democratisation and human rights. Some of the findings of the follow-up Seminar pointed out, within the context mentioned above, that
6. Taking into consideration the above findings, as well as the fact that in our contemporary world the high increase in self-determination claims and the violent as well as non-violent intra state conflicts have serious implications for international peace and security, Pax Romana therefore urges the Sub-Commission to elaborate a working paper (without financial implications) on the implementation of the right to self-determination as a contribution to international peace and security, including in an internal colonization context.
7. This working paper should provide an update, a thematic and horizontal overview in relation to other agenda items of the Sub-Commissions. This overview should lead to the re-conceptualisation of the right to self-determination in a broad sense as well as of how treaty bodies and other UN mechanisms can effectively implement it, with a view towards conflict prevention. One line of analysis could look into available practices, gaining better insight into the accommodation of self-determination claims and the causes why such arrangements work or do not work. As Isaiah Berlin puts it "I do not wish to abandon the idea of a world which is a reasonably peaceful coat of many colours, each portion of which develops its own distinct cultural identity and is tolerant of others."
Thank you, Madam Chairperson.