Interventions made during the 54th Session of the Sub-Commission on the Promotion and Protection of Human Rights, Geneva, 29 July to 16 August, 2002
Question of the human rights violations and fundamental freedomsincluding practices of racial discrimination and segregation, in all countries, with particular reference to colonial and other dependent countries and territories: report of the Sub-commission under Commission on Human Rights on Human Rights resolution 8 (XXIII)
Dear Chairman,
I would like to call the attention of the Sub-Commission, to the situation of continuous and systematical violation of human rights, especially the aerial bombardment of civilian population, committed by the Sudan government towards its civilian population in the south.
Mr. Chairman as a matter of fact, Sudan has been deeply divided along racial and religious lines that have resulted into inequitable wealth, resources and development sharing and unfair power sharing among other forms of discrimination and policies of deliberate marginalisation and neglect. These had resulted in the ongoing civil war, which began in 1983. This war that pits the Islamic government in Khartoum against the peoples of South Sudan, and the rebel movement, the Sudan People's Liberation Movement and Sudan People's Liberation Army (SPLM/SPLA), who are calling and struggling for religious freedom, and a secular democratic state with a full and effective participation of all people. During this conflict more than two million people have died, in addition it has resulted into 4.5 million internal displaced person, and 1.5 million refugees.
The government of Sudan continues to launch attacks on the civilian population in the south, especially in the areas of oil exploitation, as a mean of clearing the local population to secure existing or potential new oilfield in the south. There are a lot of massacres going on, aerial bombardment and helicopter gunship attacks, on innocent civilian and humanitarian aid workers.
Mr. Chairman, although recently Sudan government and SPLM/SPLA have accepted framework for peace and made breakthrough on 20th July 2002, however six days after signing the framework, it continues to launch attacks on its civilian population. On Friday 26th July 2002, the Sudan government killed a foreign humanitarian aid worker and some 1,000 civilians in a separate attack in the south. Moreover in the period between 7th June 2002 and 17th July 2002, (of only 40 days) the government of Sudan has carried 44 aerial attacks on civilian population in the south (see the attached document).
Finally Mr. Chairman, we request this Sub-Commission to safeguard the rights of the Sudanese people especially the people of south through imposition of No Fly Zone, inorder to stop the aerial bombardment and helicopter gunship attacks on innocent civilian population. As well as we request the Sub-Commission to appoint an expert to examine the situation with a fact-finding mission, and to report its findings to the Sub-Commission. Thank you for your attention.
| Date | Location | Region | # of bombs | Notes |
| 07/06/02 | Muarakitha | E | 12 | Antonov attack at 1100; 7 children injured; 30 cattle killed; unconfirmed |
| 09/06/02 | Kapoeta | E | * | Antonov attack; no damage or casualties |
| 09-11/06/02 | Kayala | E | * | Antonov attacks by day and night; 2 women, 1 child killed; 98 cattle killed |
| 10/06/02 | Kapoeta | E | * | Antonov attack; no damage or casualties |
| 10/06/02 | Rienydar | UN | * | Antonov attack |
| 11/06/02 | Madier | UN | * | Antonov attack; 24 killed; unconfirmed |
| 14/06/02 | Mading | UN | * | Antonov attack |
| 14/06/02 | Kapoeta | E | * | Antonov attack at 1600 |
| 18/06/02 | Kapoeta | E | * | Antonov attack; unconfirmed |
| 18/06/02 | Kayala | E | * | unconfirmed |
| 21/06/02 | Yabus | SBN | 11 | Antonov attack at 1000; no injuries |
| 22/06/02 | Imatong | E | 8 | Antonov attack; no casualties |
| 23/06/02 | Malualkon | BEG | 6 | Antonov attack at 1000; 4 civilians killed (including blind old man and 2 teenage girls) and 5-8 injured; bombs landed 20m from OLS NGO compound |
| 23/06/02 | Bac | BEG | * | Antonov attack in morning on village near Warawar; 3 women killed |
| 26/06/02 | Ikotos | E | 4* | Antonov attack; 4 wounded; 4 bombs landed in church compound; priests' house and 1 truck destroyed, other buildings damaged |
| 26/06/02 | Nyerkec | BEG | * | Antonov attack at 1000, 10 kms from Alek; 6 boys reported missing; 15 cattle killed |
| 26/06/02 | Isoke | E | 12-16* | Antonov attack; no injuries; 4 bombs landed close to school |
| 26/06/02 | Ikotos | E | * | Antonov dropped several bombs away from Ikotos from 0930-1000 |
| 27/06/02 | Chalamini | E | * | Antonov attack in morning |
| 27/06/02 | Murahatiha | E | * | Antonov attack in morning |
| 27/06/02 | Hiyala | E | * | Antonov attack in morning |
| 27/06/02 | Tirrangore | E | * | Antonov attack in morning; cattle killed |
| 28/06/02 | Atar | UN | * | Atar was shelled and it is not clear whether it was also bombed; 3 children dead, 3 people injured |
| 28/06/02 | Logurung | E | 3 | Antonov attack in morning |
| 28/06/02 | Imotong | E | * | Antonov attack in morning |
| 28/06/02 | Haforiere | E | * | Antonov attack in morning |
| 28/06/02 | Hiyala | E | * | Antonov attack in morning |
| 29/06/02 | Ikotos | E | 18 | Antonov attack 1145-1200; 2 bombs landed in church compound causing damage; no injuries |
| 29/06/02 | Kayala | E | 3 | |
| 30/06/02 | Mading | UN | * | |
| 30/06/02 | Kier | UN | * | |
| 30/06/02 | Hiyala | E | * | Antonov attack in morning |
| 30/06/02 | Isoke | E | * | Antonov attack in morning; school buildings damaged |
| 30/06/02 | Kapoeta | E | * | Antonov attack in morning |
| Date | Location | Region | # of bombs | Notes |
| 01/07/02 | Kapoeta | E | 8 | Antonov attack on civilian area of Kapoeta from 1015-1025; 9 civilians dead, 14 injured |
| 10/07/02 | Lokutok | E | 14 | Antonov attack at 1030; 3 civilians injured; 2 houses destroyed |
| 10/07/02 | Tiraliet | BEG | * | helicopter gunships visited twice, once in morning and again in afternoon |
| 11/07/04 | Old Fangak | UN | * | helicopter gunship activity N of Old Fangak |
| 11/07/04 | Ikotos | E | 0 | Antonov loitered without bombing |
| 12/07/04 | Ikotos | E | 8-12* | Antonov attack 1030-1230; 2 civilians injured; bombs landed in church compound and demolished 1 building; Antonov returned at 1320 without bombing |
| 12/07/02 | Lohutok | E | * | Antonov attack; 1 civilian injured, cattle killed |
| 14/07/02 | Lafon | E | * | possible military targets |
| 15/07/02 | Lafon | E | * | possible military targets |
| 17/07/02 | Lafon | E | * | possible military targets |
* indicates exact number of bombs not confirmed
| BEG - Bahr el-Ghazal |
| Sudan Focal Point Africa |
| E - EquatoriaPretoria |
| SBN - Southern Blue Nile23/07/02 |
| SK - Southern Kordofan |
| UN - Upper Nile |
* The text was prepared for oral intervention but not officially presented due to time constraint.
Discrimination in the Criminal Justice system; Dalits in India
Mr.Chairman,
In India, as proclaimed in its Constitution, there is an independent judiciary which has been delivering valuable judgements in its history. But, when considering its accessibility to 160 million dalits, who are spread all over India, the situation is debatable.
After 40 years of Independence, the Parliament passed the Act known as the Scheduled Caste and Scheduled Tribe(Prevention of Atrocities) Act, 1989 and Rules, 1995.The preamble of the Act states An Act to prevent the commission of offences of atrocities against the members of Scheduled Castes and Scheduled Tribes, to provide for Special Court for the trial of such offences and for the relief and rehabilitation of the victims of such offences and for matters connected therewith or incidental thereto
Whenever a complaint is referred to the police by the dalits, where the offence is committed by a non-dalit, the First Information Report has to be filed under the above said Prevention of Atrocities Act. The victims are to be provided with protection and monetary relief. The witnesses have to be given travel and food allowance during investigation and trial. But in practice, refusal of complaint received is a normal practice and even if it is received, the charges are framed under diluted penal provisions.
The 'Protection of Civil Rights ' wing of the police, that is supposed to prosecute the offenders is highly manned by people who are insensitive to the dalit cause. The lethargic attitude of the police compelled the victims to enter into compromise with the perpetrators of the offence. The inability of the police and courts to deal with these crimes has had a backlash effect on young dalits.
The fact that the dalits are attempting to assert their rights by invoking laws, that itself becomes the reason for further attack to silent their voice.
If the low conviction rate under the Act is any indication, the judiciary has responded poorly to the Act. Judicial delay and dilution of the scope, applicability and meaning of the SC/ST Act has resulted in denial of justice to the dalits. Other than the above technicalities, there are other reasons on which charges under the Act are quashed. That is the offence was not committed on account of the victim being SC or ST, e.g. lust for sex, illicit intimacy, political rivalry, enmity or quarrel.
It is reported that reserved quotas in the universities are not filled, especially in the technical and professional courses. The affirmative policy of reservation in the employment given to the dalits in the Constitution is not made applicable to the Judiciary. As quoted in the working paper of R.W.K.Goonasekare in document E/CN4/Sub2/2001/16, "In the absence of quotas there is hardly any representation in the defence forces, scientific establishments and judiciary. Hence in the High Courts and in the Supreme Court, there is no proportionate representation of the judges from dalit communities.
On the other hand, as provided in the document E/CN4/Sub2/2002/5, the historical context becomes relevant to the disproportionately high rates of crime and victimization compared with the size of these groups in the Indian society.
When an offence was committed by a dalit, in many occasions, the entire people of dalit community in the village including children were arrested. They are not able to produce sufficient suretee as required by the courts because of their economic conditions. While granting bail, they were required to stay in a place far away from their native.
The laws are there, but there is a clear lack of will on the part of law enforcement officers to take action owing to caste prejudice on their part or deference shown to higher-caste perpetrators. The Supreme Court of India, in 1993, in State of Kerala vs Appu Balu said: More than 75 per cent of the cases under the (SC/ST)Act are ending in acquittal at all levels.
On the one hand, the police and judiciary failed to be sensitive to the cause of the dalits and to implement the duties mandated to them, on the other hand, the high caste people demanded the withdrawal of the Act on the ground that the Act was misused by the dalits against the high caste people.
The study undertaken by the former member of the Sub-Commission on the Protection and promotion of Human Rights Mr. Goonasekare dealt broadly the prevalence of discrimination based on work and descent in different parts of South Asian countries, it failed to address the impunity exist within the judiciary and in the system of administration of justice.
Therefore, we request the Sub-Commission on the promotion and protection of Human Rights to make a study on the inherent bias of the judiciary towards the dalits in justice delivery and the lack of will among the police to pursue the case in true spirit.
As observed by Mr.Yookota, form of discrimination is different from one group to another group and this group which based on 'work and descent' should beconsidered as marginalized group and the Sub-Commission on the Promotion and Protection of Human Rights has to encourage the Government of India to recruit the members of the dalit community members into the police and other law enforcement agencies including judiciary and it has to encourage the Government to invoke the penal provision against the erring Investigation officers for their negligence in pursuing the prosecution under the Prevention of Atrocities Act.
Military Tribunal in Democratic Republic of Congo
Monsieur le prsident,
Avant toute chose, permettez-moi de vous fliciter pour votre lection a la prsidence de la sous-commission de la promotion et de la protection des droits de l'homme. Ces congratulations s'adressent aussi' a tous les membres du bureau.
Mon intervention porte sur l'administration de la justice Par les tribunaux militaires a partir de l'exprience concrte de la cour d'ordre militaire de la Rpublique Dmocratique du Congo. En effet, l'excellent rapport Prsente par monsieur JOINET qui tend a amliorer les garanties de procdure et rgles de comptence des tribunaux militaires se penchent sur les violations des droits de l'homme rsultant des jugements des civils par ces tribunaux ainsi que des formes de procdures d'aprs lesquelles sont juges les militaires.
Cette prcieuse tude se propose d'oprer le transfert du contentieux des civils aux juridictions ordinaires en attendant la suppression des tribunaux militaires. Les pertinentes recommandations proposes a la sanction de la sous-commission vont dans ce sens. Cependant, partant de la situation particulire de la RDC, il y a lieu d'enrichir cet important rapport.
En effet, la sous-Commission sait trs bien que jusqu' l'heure qu'il est, et ce depuis 1997,la RDC maintient une cour d'ordre militaire qui juge aussi bien les militaires que les civils sous le prtexte de la guerre. La comptence matrielle de cette cour s'tend des infractions typiquement militaires jusqu'aux dlits politiques y compris les crimes de droit commun commis avec arme, entendu ici au sens pnal du terme. Cette cour statue en premier et dernier ressort. Il n'y a ni opposition ni appel et la loi du 23 /8/1997 instituant la cour est muette quant la cassation autant qu'elle ne distingue pas nettement la cour du parquet. L'organisation juridictionnelle militaire ancienne datant de 1972 et consacrant les voies de recours ordinaires est depuis lors mise en vielleuse. Pis que ca,la fameuse cour d' ordre militaire n'offre pas la possibilit de l'examen par le juge de la rgularit de la dtention prventive des personnes ,laissant ainsi libre cours a l'arbitraire des magistrats instructeurs durant la phase prparatoire du procs. Cela entrane des longues dtentions allant parfois jusqu' un an ou plus.
De ce qui prcde, il me semble imprieux de recommander sans dlai la suppression des tribunaux militaires dpourvus des voies de recours de manire assurer un procs quitable aux militaires qui sont aussi des hommes au mme titre que les autres. Cette proposition rencontre la proccupation de la sous commission suivant les deux axes pr-rappels de l'tude sous examen ainsi que les pertinentes dispositions des instruments juridiques internationaux notamment le pacte international relatif aux droits civils et politiques et la Dclaration universelle sur l'indpendance de la justice.
Par ailleurs, il est ncessaire, si l'on tient a l'effectivit des voies de recours internes dans le contexte d'une justice internationale complmentaire, que le principe de l'examen de la rgularit de la dtention prventive soit raffirme avec force de manire a donner aux requtes suggres dans la recommandation No 2 une opportunit de recevabilit.
The Right to drinking water
Mr. Chairman,
Pax Romana welcomes the preliminary report by Mr. El Hadji Guisse on the relationship between the enjoyment of economic, social and cultural rights and the promotion of the realization of the right to drinking water supply and sanitation. It is our belief that it will go a long way in bringing to light this important issue.
We would like to draw the attention of the Sub-Commission on the protection and promotion of Human Rights to the inadequate regard paid by many governments in developing countries especially in Africa to their responsibility in ensuring the availability and accessibility of clean and healthy drinking water.
This is a clear violation of the right to life since respect for the right to life envisages the provision of the means to livelihood of which after is one of them. This violation is heightened further by the privatization of the few available water supply services. By so doing governments place corporate profits above the interests of the poor.
A public asset, which is part of nature, is transferred into the hands of a few without human rights safeguards. In recent years people in countries such as Bolivia, India, and Kenya have suffered due to privatization of water services by some local and national governments. Privatization places the cost of water beyond the reach of many urban poor, thereby denying them their right to water.
Currently in Ghana, many NGOs are speaking out against the imposed privatization policy by the International Monetary Fund and World Bank that is scheduled to be concluded in March 2003.
Most of the African poor draw water for domestic use directly from rivers, wells and lakes. Sadly effluents from industries often with impunity have extensively polluted many of these sources of water. Sewerage and drainage systems are either defective or totally non-existent. Local governments who are charged with the responsibility of ensuring sanitation become polluters themselves. This exposes the poor to constant and live danger of water borne diseases such as cholera, diarrhea, typhoid and parasites such as amoeba. In fact according to the UNDP 35,000 children under the age of 5 die every day due to preventable diseases, many of which are water borne.
The urban poor often bear the worst sanitary conditions and are left out of the water development plans in most developing nations, particularly in Africa. For instance, when a Nairobi city council official was asked why Kibera; a slum dwelling area of about 800,000 people does not have water supply or other basic amenities like access roads, sanitary infrastructure, fire fighting services, hospitals etc, he retorted that slums do not exist in the city plan. This is just one example of many, where the needs and rights of the urban poor, especially their right to water and sanitary conditions, are overlooked.
The rural poor who mostly depend on agriculture for subsistence need to be sensitized on how to utilize water resources productively through for example irrigation in order to improve their lives. Efficient use of these resources is essential for sustainable development.
As the right to water is clearly a part of the state's obligation to ensure the right to life for its citizens, it is necessary that there be equitable distribution of water regardless of whether one is rich or poor urban or rural. Only an equitable distribution that would meet the needs of all citizens, rural and urban, will allow for sustainable development. To achieve this, governments need to work to empower communities to own water projects.
PAX ROMANA urges governments to reconsider the privatization of water and other resources without looking at profit. Privatization of water resources should be a shared and common responsibility of peoples and governments. We call upon governments not to abandon their responsibility to provide basic services even when such is unprofitable.
We urge the Sub-Commission to recommend to the World Summit on Sustainable Development that the right to safe drinking water be a priority issue at the summit.
PAX ROMANA also recommends that:
Thank you Mr. Chairperson.
Working Group on Transnational Corporations (TNCs): Corporate Accountability
Mr Chairperson,
Pax Romana appreciates the foundational work carried out by the working group, following `extensive` consultations and discussions. We have listened to the interactive debate yesterday which indicated clearly that there is much work to be done to arrive at legally binding principles of human rights responsibilities with adequate legal supervisory mechanisms at national and interventional levels.
Pax Romana prefers to address these concerns under the title `corporate accountability` that's is predicated on the need for binding regulations and disclosure requirements for companies wherever they operate. Such `measures amount to structural safeguards against the kind of social sins public deception, privileged political access and mass erosion of retirement savings. To use some Enron examples that unregulated corporations can commit`. In that respect, human rights principles is `the ultimate source of business ethics`, specifically given the discussion in the Sub commission on global economic governance, last year.
Mr Chair,
This year's Human Development Report 2002 of the UNDP has clearly outlines `Corporate Influence on Politics` (Box 3.3, page 33), and states `people are increasingly concerned that corporations are not held accountable for their actions, either because laws are weak or are weakly enforced. Indeed, even when domestic legislation is adequate, it is often not implemented`. So we are not only addressing questions of economic nature, but also that concerning political activity of corporations. These activities, specifically structural violations impede the full enjoyment of all rights by individuals and groups within the context of economic globalisation, which `is an unfair game with rules written by rich advanced industrial countries for rich industrial countries ` (Stiglitz). We are well aware of the asymmetry of bargaining power between TNCs and small, poor developing countries, including the LDCs. In asking for legally binding principles we are also keeping in focus, the concerns of one half of the world's people who still depend on their own agricultural production to feed their families and generate income. At the same time, 60% of extreme poverty is located in rural areas. Here, a handful of global corporations control agricultural input, financing and processing markets. They do use their money and access to shape domestic legislation and international trade rules.
In this connection, global warming is equally important as extreme poverty. As we know why the Kyoto Protocol is facing severe obstacles in the USA and Australia due to influence of huge energy corporations.
Equally alarming are some of the labour policies and practices of large corporations in the USA. The legislation in 36 states of the USA allow commercial enterprises to convict labour and prisoners get much less than the minimum wage. And 68% of prisoners in the USA are African Americans and Hispanic people. The corporations include Microsoft, McDonalds, Starbucks, Nintendo, Honda etc... Honda pays 2 US Dollars per hour for prison labour, whereas outside it pays 20 -30 US Dollars per hour for auto workers. The prisoner have no other benefits, so when framing the rules, we are also addressing the policies and practices of large TNCs. `Monsanto dumped carcinogenic POBs into the creeks around Anniston, Alabama for decades, with full knowledge of how seriously they would contaminate the area, rather than absorb additional costs for responsible disposal`. Monsanto violated a number of principles of the Rio Declaration. Hence we urge the Working Group to include the Rio Declaration in the preamble, which also affirms that `the right to development must be fulfilled`.
Mr Chair,
From these severe violations of a structural nature, by TNCs in all countries, we call for a specific operating paragraph on access to information and the right to information with emphasis on peoples' participation. This is crucial when we look at the MOUs (Memorandum of Understanding) governments sign up with TNCs in the current paradigm of disinvestments and privatisation, very much fostered by the Bretton Woods Institutions. These MOUs should include Human Rights Impact Assessment. Particularly, when TNCs are seen as deliverers of sustainable development, while their unsustainable policies and practices persist.
Mr Chair,
Pax Romana draws your attention to the forthcoming World Summit for Sustainable Development, where all the major groups excluding the business groups, will be campaigning for a legally binding framework/ convention for corporate accountability and liability under aegis of UN, with independent mechanisms for monitoring progress and enforcement. `For many of the major groups, except for the Human Rights oriented NGOs, the work done by the Sub Commission on Corporate Accountability is unknown. It is imperative that the Working Group on TNCs, consider ways and means through the OHCHR to disseminate the current draft principles at the WSSD in Johannesburg. Already the CESAR did submit a background paper at the PC IV in Bali, pointing out the regressive trends in negotiation when it comes to Human Rights obligations.
Lastly, we ask the Working Group to examine three key issues:
Mr. Chairperson,
Pax Romana welcomes the progress report by Mr. Weissbrodt on the rights on non-citizens (E/CN 4/ Sub.2/2002/25 and Add 1-3). We wish to express our concerns for the situation of non-citizens after September 11th in many countries, especially in the United States. In the weeks and months following the tragic attacks, thousands of men from Arab countries along with American citizens of Arab descent were detained for questioning in a secret process that did not release the names or information. Many were present in the United States legally on student or work visas. As part of the questioning, some were charged with crimes, a number were released without charges, others were deported for minor visa application errors that for other immigrants would be easily fixed, and fewer than 200 still remain in custody.
Pax Romana is also concerned with how non-citizens of the United States, suspected of terrorism, face military tribunals, while some citizens such as John Walker Lindh, suspected of the same crime face civil courts. It is also troubling that non-citizens face the possibility of the use of capital punishment, while, Lindh, has been spared this unjust punishment.
We welcome the ruling, last week, by US Federal Judge Gladys Kessler to have the names of those being detained released and we hope the higher courts in the United States will uphold Judge Kessler's decision that is being appealed by the government. Pax Romana asks that the Sub-Commission consider the treatment of non-citizens during periods of emergency and anti-terrorism actions and that the final report on non-citizens analyze this issue in greater depth.
We are also concerned with the situation of non-citizens in Rohingya, Burma as well as across the border in Bangladesh, who suffer under the1982, Burma citizenship law. This has already been highlighted by the Special Rapporteur on Myanmar in his 1997 report to the General Assembly.
Similarly, the situation of the thousands of Bangladeshis in India, especially in the state of Assam, implicates both the governments of Bangladesh and India. Many such situations unfortunately exist in other parts of Asia. We call upon the Special Rapporteur on Non-citizens to address specifically the situation of Non-citizens in Asian Countries, which till today lack both regional and national policies as well as mechanisms.
Pax Romana also wishes to raise the question of discrimination of religious minorities. Currently there are many examples from around the world where the rights of religious minorities are being violated. One of the more graphic examples occurred this past February and March in Gujarat.
The situation of religious minorities is equally grave in a number of countries including Pakistan, Indonesia, and Nigeria. Moreover, in these situations of grave violations, there have been a large component of non-state actors. Pax Romana, therefore urges the Sub Commission and the Working Group on Minorities to investigate in greater detail the situation of religious minorities, perhaps drafting guidelines for states on this issue while framing the Code of Conduct. We also recommend that the Sub-Commission recommend that the Commission develop special procedures on minorities, especially religious minorities and investigate the role of non-state actors.
Pax Romana finds the final report on Affirmative Action by Mr. Marc Boossuyt, contained in E/Cn.4/Sub.2/2002/21 extremely useful and draws the attention to paragraph 7 which states policies of affirmative action can be carried out by different actors belonging to the private sector, such as employers or educational institutions. This point has been raised at this year's Working Group on TNCs. The issue is of great importance given the accelerated privatization in many countries including the developing countries that do promote affirmative action. Many countries have a significant deficit in monitoring mechanisms on the implementation of affirmative action. A detailed elaboration of paragraph 7 would be needed.
Concerning affirmative action, Pax Romana also wishes to point out that those countries that do promote affirmative action through policies and practices, lack adequate mechanisms of monitoring implementation of affirmative action measures. Most of them are also not parties to Art. 14 para 1 of CERD. This deficit needs to be attended to while pursuing the promotion of affirmative action, naturally.
Pax Romana would also like to express our support for the statement by Lutheran World Federation and the current work of CERD on the important issue of discrimination based on work. We encourage the Sub-Commission to reexamine this issue.
Mr. Chairperson, last year, the Sub-Commission unanimously adopted resolution 2001/1 that called for reflection and action on issues of reparations for past cases of massive and flagrant violation of human rights including slavery and the slave trade. We strongly support continued reflection and discussion on this matter by the Sub-Commission in future meetings.
Concluding, Mr. Chairperson, we call upon the members of the Sub-Commission to address the interconnectedness between the World Conference against Racism at Durban, and the forthcoming World Summit on Sustainable Development regarding the elimination of all forms of racial discrimination as prerequisite towards achieving sustainable development. This was already stated in Principle One of the 1972 Stockholm Declaration, but totally ignored at the Rio Summit in 1992 and in the preparatory processes towards WSSD 2002. For many people around the world, especially the Dalits, sustainable development and human rights are often unattainable without overcoming the barriers of discrimination.
Thank you Mr. Chairperson
Dear Chairman,
Pax Romana welcomes the expanded working paper by Mr. Manuel Rodriguez Cuadros on promotion and consolidation of democracy (E/CN.4/Sub.2/2002/36). We would like to bring to the attention of the sub-Commission, the importance of the principle and right of self-determination, in the context of promotion and consolidation of democracy. The international instruments referred to the right of self-determination as a right, which belong to all peoples. Self-determination is a process rather than an outcome. Therefore there can never be an effective promotion and consolidation of democracy, without effective participation of the all the peoples in the democratic process. That means the right of the people, the whole population, to decide on their form of government, and to participate effectively in the decision making at all levels in the state, and to exercise cultural, economic, social and political autonomy within the state. Therefore as the paper stated The concept underlying democracy is the principle of self-determination of peoples as an expression of the people's sovereignty.
Mr. Chairman self-determination, at its core means simply that, human beings, individually and as a group should be in control of their own destinies and that institutions of government should be devised accordingly. It is this ideal that promotes democratic reform, in today world. In our societies today we talk of good governance which is measured in most of the cases by the number of international instruments ratified by the concerned state, or elections carried out, without taking into consideration the participation of all peoples in the process of democratization. Knowing that not all peoples participate in election and ratification process.
Moreover we will find that voters registered are less than 30% of the whole population, even in a pluralism state, the ruling party who dominates the power, and all the state institutions suppresses the opposition, and the press. Women are marginalized and cannot participate equally in public matters. This is the case today in most of the developing countries, Kenya, Zimbabwe, to mention few. Therefore since self-determination has its roots in and continues to be inseparably linked to the core concept of democracy, which should be understood to mean the right to choose one's government and to participate in decision-making, the phenomena of good governance ought to be review. In this context the concept of self-determination, should be understood much broader and more flexible and complex, rather than a definition which limits self-determination to separation.
Finally Mr. Chairman, we call upon the Sub-Commission with due respect to its mandate, to give special attention to the principle and right of self-determination, by raising the question of self-determination in its next session. We also request the Sub-Commission to take the issue in its mainstream agenda, and to carry out study on the issue, to promote a batter understanding and broader application of the principle and right of self-determination, in an effort to promote and consolidate democracy, peace and justice.