Interventions made during the 56th Session of the Commission on Human Rights, Geneva, 20 March to 28 April 2000.
Mr Chairman,
Speaking on behalf of Pax Romana, I draw your attention to the statement that the UN High Commissioner made to the Economic and Social Council at its substantive session in July 1999,"At the dawn of a new century, violations of economic, social and cultural rights must be seen as an affront to human dignity" (E/1999/96 para 55).
With regard to globalisation although it "has profoundly transformed economic systems by creating unexpected possibilities of growth, [it] has also resulted in many people being relegated to the side of the road" (Pope John Paul II, Address to the diplomatic corps, 10 January 2000).
Mr Chairman,
When Pax Romana convoked an international colloquium on the global economy and dialogue with the international financial institutions in Washington DC in October 1999 we stated that, "the global economy as it is taking shape today, contains powerful positive forces as well as deep pathologies. It reveals a bizarre combination of giddy optimism and deep fear." We were struck by the "keen willingness" of the heads of those financial institutions, particularly the IMF and the Inter-American Development Bank "to enter into genuine dialogue with civil society". "Yet when we visited and interacted with regional and project staff of the IMF and the World Bank, we sometimes discovered disappointing gaps between the visions and the ground reality of these institutions". These financial mechanisms "often function almost automatically, thus accentuating the situation of wealth for some and poverty for the rest". The reality is that international economic laws have evolved separately and are not based on human rights.
Here, Pax Romana welcomes the studies launched by Professor Oloko-Onyango (Uganda) and Ms Deepika Udagama, contained in the working paper E/CN.4/Sub.2/1999/11, entitled 'Human rights as the primary objective of international trade investment and finance policy and practice'.
Among other conclusions and recommendations, the experts state "the need to more critically address the issue of the 'right to participation' in formulating policy in the area of international trade, investment and finance". We have taken note of the studies of Mr Cheru and Mr Figueredo contained in E/CN.4/2000/51 and they recommend that the "OHCHR must be proactive at the technical level and ensure that economic, social and cultural rights are strongly integrated in the activities and programmes of the multilateral financial institutions and the regional development banks."
In reviewing the global economy and the dialogue with international financial institutions Pax Romana finds that the ever-widening inequalities of peoples and nations is the central issue of our times. This is characterised by two major trends that are shaping the 21st century. Namely, a) huge and accelerating income and wealth divergences, between nations, individuals and nations and between the poorest individuals of rich countries and the richest individuals of poor countries and b) the costly victories in the struggle for life. In that respect, "the existing model of development advocated by these international financial institutions is not socially viable, because of the inherent conflicting situation of a few reaping the benefits at the cost of the majority." Also, as the 1999 Human Development Report points out, "recent research on complex humanitarian emergencies concluded that 'horizontal inequalities' between groups whether ethnic or social - are the major causes of the current wave of civil conflicts. Inequalities - matter not only in incomes but in political participation, in economic assets and in social conditions".
In this connection, discriminatory trade practices enhance inequalities, especially in agricultural and textile sectors, which is the source of income of many of the world's poorest people. Rich nations have set tariffs on imports at a rate 30% higher than the global average. This needs to be addressed directly in relation to the realisation of economic, social and cultural rights.
Mr Chairman,
Concluding, we urge the Commission in collaboration with the relevant inter-governmental organisations, member states of the UN, NGOs/civil society and the international financial institutions to creatively redesign the global financial system "according to the values of participatory democracy, ethical integrity, transparency and accountability, and to apply these values at all levels of planning, decision-making, implementation and evaluation."
I thank you, Mr Chairman.
(d) IMPUNITY
Mr Chairman,
Cases of impunity are still on the increase despite the many references made by the Commission to the need to combat impunity. In her opening address Mrs. Mary Robinson stated very strongly that ".there must be no selectivity, no sanctuary, no impunity for those guilty of gross human rights violations." The failure of this body and the international community to fight impunity effectively has allowed the institutionalisation and legalisation of the acts committed by violators of human rights, especially in cases where there have been changes of governments, for instance Suharto in Indonesia.
This new millennium must herald bold measures from this Commission to combat impunity. The common practice of "leaving-the-past-behind" only serves to protect the powerful perpetrators. We call for a victim-centred approach, as affirmed by the Special Rapporteur Mr Joinet who pointed out that the "victim's right to know the truth, right to justice and rights to restitution" are essential in combating impunity. [E/CN.4/Sub.2/1997/20]. The many cases before us point clearly to the fact that impunity is enjoying freedom in the world.
In Indonesia the perpetrators in the killing of seven students during the Trisakti University demonstrations have not been brought to justice.
The "Military Operation Area" (DOM) policy in Aceh has resulted in killings, disappearances and rape. The military was investigated by Tengku Nashirudin who was appointed by the House of Representatives (MPR). He disappeared on 29th January 2000 and was found dead on 1st February 2000. This case has yet to be brought to justice.
During the May riots in Jakarta in 1998, the military trained provocateurs, looted and burned buildings and ships. A supermarket was set alight and the 2000 people inside were all burned alive. The investigating Fact Finding Team made recommendations that the perpetrators be brought to justice.
The new democratic state of Indonesia should not allow the past to haunt the new administration. All perpetrators should be brought to justice.
Even in a newly industrialized country like Malaysia, the lack of political will to investigate the criminal acts carried out by high-officials is a cause of great concern. The former Chief Minister of State who had sex with an under-aged girl was not charged under Malaysian law with statutory rape. Instead the girl was detained and sent to a Correctional Institute. The rule of law must apply to all.
We call on Thailand, a flourishing democracy to bring to justice those responsible for the deaths during the Democracy Movement uprising of 1992. Many disappeared persons are still not accounted for.
In Peru two broad amnesty laws, passed in 1995, have granted legal impunity to perpetrators of gross human rights violations that occurred between 1980 and 1995. At least 3004 cases of forced disappearances reported by the UN Working Group on Disappearances, numerous extra-judicial executions, massacres and cases of torture remain without investigation or sanction. Additionally, the judiciary and the public prosecutor's office are systematically interfered with by ad hoc committees appointed by the government and for this reason they cannot perform their task of administering justice independently and impartially. Almost 80 per cent of all judges are working on a temporary basis. Faced with the lack of judicial protection for their rights at the domestic level, Peruvian citizens have increasingly been taking recourse to the Inter-American Court of Human Rights in recent times. However, in July 1999 the Government of Peru withdrew its recognition of the Court's compulsory jurisdiction. This court subsequently declared this decision to be invalid under the terms of the American Convention on Human Rights.
Before this Commission, we support the UN Working Group on Forced Disappearances' petition to derogate both Amnesty Laws that have fostered an "environment of impunity". We also request the restoration of the independence of the judiciary, and finally, we ask this Commission to urge the Peruvian government to reaccept fully the jurisdiction of the Inter-American Human Rights Court.
In Argentina, the perpetrators of gross violations of human rights that took place during the last military dictatorship were granted legal impunity set by democratic governments. Despite this official policy, victims, their relatives and human rights defenders are still seeking justice for the alleged 30.000 disappearances and other cases of kidnapping of children, torture, assassination etc. As a result of not being able to seek redress in the national court, they have had to look for support at the international level.
This lack of justice breaches the right to full restitution, compensation, and reparation for victims. It also allows perpetrators of human rights violations to act in the knowledge that they have a guarantee of not being prosecuted or punished.
According to this Commission's commitment and concern on the issue, we ask its members to urge Argentina to:
Impunity is commonly seen only through the civil and political rights paradigm, but reality tells us that many times the perpetrators of social, economic and cultural rights also enjoy impunity. The plundering of national resources, especially financial scandals like that of the Bank Bali in Indonesia involving US$70 million and the Bank Bumiputra of Malaysia involving US$3 billion. Those responsible for the collapse of these banking institutions have yet to be charged.
This Commission must also pay attention to non-State actors such as Multinational Corporations (MNC) who plunder forests in indigenous territories or pollute the waterways with toxic waste.
Combating impunity needs an independent body at the international level where the local judiciary is weak. We therefore support the call of Japan for all States to ratify the Rome Statute to establish the International Criminal Court without delay
Mr Chairman,
Pax Romana and the International Young Catholic Students (IYCS/JECI) appreciate the efforts of the Commission on Human Rights to promote the fundamental rights of women and girls.
We would like to draw the attention of the Commission to Equatorial Guinea where there is a practice of the utmost concern that affects mainly women. This practice consists in the possibility of being imprisoned for failure to return the dowry when the marriage bond is dissolved. This violates particularly Article 11 of the International Covenant on Civil and Political Rights, to which Equatorial Guinea is a party, as stated in the Special Representative's report (doc. E/CN.4/2000/40).
Another grave discrimination against women in this country is the one reflected in data given by the UNDP as regards illiteracy and access to education, in particular to secondary and university levels. While some 10% of male population is illiterate, this figure increases up to three times and we find that some 30% of women are in this situation.
Mr Chairman,
Debates of the Commission on the phenomenon of trafficking in women show that the United Nations recognise the necessity to protect this vulnerable group in society.
Beyond the substantial work of the Special Rapporteur, Ms Radhika Coomaraswamy, we want to attract the attention of this Commission to the growing trafficking of women and girls. Significant commercial systems in this area have developed increasingly at the international level. The trade in prostitution has become a profitable industry, capable of generating considerable amounts (more than 17 billion USD per year).
Thus, girls from Africa and Asia are handed over to traffickers by their relatives at very low prices. Most often, they are brought to the United States, where they are forced into sexual servitude. The traffickers present their relatives with an attractive future, mainly in developed countries, thereby profiting from their ignorance and their naivety. In the case of women, they are attracted by the promise of a well-paid job abroad. Traffickers use local newspapers to place coded advertisements. In this way, they profit from their ignorance and their naivety to enrol them in systems of prostitution.<
In all these cases, we notice common factors such as poverty and lack of education and information in the places of origin of girls and women.
Mr. Chairman,
Mr Chairman,
Recent studies carried out by the United Nations reveal that in the next decades the decline in the population of many industrialised countries will result in the need to resort to a labour force from other countries that cannot offer work to their nationals within their borders. It is estimated that the working population in Italy will decrease from 39 to 22 million and from 56 to 43 million in Germany. Therefore, there is a mutual need for co-operation between both receiving and sending countries. This co-operation has to be regulated not only according to world economic standards, but also, most importantly, according to basic human rights and principles.
However, it seems that there is a general lack of real will at the international level. Thus, it is a matter of great concern that only a few countries (twelve) have ratified the UN Convention on the Protection of Human Rights of Migrant Workers and Members of their Families as well as other international instruments such as the ILO Conventions that deal with this issue.
This grave lack of international commitment, together with other obstacles to an effective and full protection of the human rights of migrant workers, favour xenophobia and racism in the receiving countries against migrants who go there in search of a better standard of living, and offering their labouring capacities.
Pax Romana wants to express its concern with regard to the well known episode that occurred in El Ejido, in the south of Spain, in February 2000. The racial origin of the person who committed the crime (an Arab) provoked a violent reaction from the population, not against the crime, execrable in itself, but against the Maghribian community. This reaction, with a clear socio-economic background, was caused by ignorance and misinformation, by the existing latent racism and also by a new regulation on migrants recently passed in Spain, which ameliorates their situation. This law in granting new rights to foreigners, makes those who had benefited under the old system increase their expenses and renounce to a maximum benefit at a minimum cost, thus losing in part their 'immoral' authority they had imposed on migrants in a weak legal situation.
A Deputy of the Spanish Parliament who visited the area a few days after the event, verified not only the terrible conditions under which migrant workers were living.. He felt "as if I was back in the age of the Industrial Revolution, in a closed society, divided into classes". There is no need to be reminded that at that time, human rights were not taken into account and exploitation of human beings by others was part of the game. But this was during the Industrial Revolution, not the present.
The Spanish law now in force is a good one. It is one of the most progressive in the European Union in some issues. It is good not only because it focuses on the need to integrate migrants into Spanish society but also because it treats migrants as persons, not as undocumented irregulars or aliens granting basic rights to them regardless of their legal situation.
Some of the law's most positive aspects are: a broad right to health and legal assistance and to education. Also of note are: the permanent process of regularisation, family reunification and the regulation of the special status of seasonal workers. This was set in order to avoid marginalisation and labour exploitation and to assure institutional control of proper housing conditions and social assistance following the Spanish-Morrocan Administrative Agreement of 30 September 1999.
However, this law has a problem: its life is at stake. The political party that won the last general elections by an absolute majority announced that one of the first things they would do was to change this law. This argument was used to gain votes, which is intolerable. By doing so, politicians gave Spanish voters the wrong image of migrants, as if they did not deserve to have so many rights or to be treated as equal human beings.
In the light of the amendments to the law issued in due time by the Partido Popular, if the law were to be modified, important aspects such as family reunification for humanitarian reasons, the administration's duty to assure minimum living standards for seasonal workers or some of the workers' rights to fully participate in public and local life could be abolished.
If this happened, or if all legislative measures necessary for its real implementation were not passed or were not adequate, it would be a significant step backwards. A great opportunity to lay a progressive foundation before European partners who could take the law as a model to bring into line the needs of receiving countries and states of origin would be missed.
For all these reasons, Pax Romana kindly asks this Commission:
(b) human rights defenders
Mr Chairman,
Speaking on behalf of Pax Romana, allow me to point out some of the findings of the UN Millennium Survey, published by the UN Secretary General, on human rights. "Respondents showed widespread dissatisfaction with the level of respect for human rights," and in one region, fewer than one in ten citizens believed that human rights were being fully respected, while one third believed they were not observed at all. The survey showed that most people around the globe consider the protection of human rights to be the most important task for the United Nations. The younger the respondents, the greater the importance assigned to this goal. Recalling this fact, Mr Kofi Annan calls upon everyone, including member states: "We must do more, and we must do it better."
After nearly 15 years of deliberations towards the protection of those who defend human rights, the Declaration on Human Rights Defenders was adopted and the 55th Session adopted a lukewarm response in its resolution 1999/66. The results of implementation are highly disappointing. Recognising this fact the UN High Commissioner for Human Rights stated: ".there is a compelling need to take further measures to protect human rights defenders", and that "the human rights community looks to you now to implement the Declaration with practical measures".
Today, defending human rights in all its forms is happening at every level and everywhere. It is a global phenomenon, and at the same time, the defenders, whether they are individuals, groups, NGOs, HRDs and people as such are totally exposed. Lacking adequate safeguards, they confront the State's monopoly on violence - the State, which is supposed to be the protector and the promoter. Frequently, the defenders, mostly unarmed civilians as well as organised groups are caught in the interface between humanitarian and human rights crises.
"On 7 April 2000, locals protesting peacefully against the proposed Maroli-Umbergaon Port Project in Gujarat, India were attacked and tear-gassed without any warning by the State Reserve Police", and "the leaders were picked up by the police and brutally beaten up at the local police station". This port project has been awarded to NATELCO and UNOCAL, a US based oil and gas company with a deplorable human rights and environment record.
In a recent survey conducted by the Forum 98 covering all the continents, it is shown clearly that:
Receiving these findings as well as being mindful of national particularities, Pax Romana urges this Session:
Thank you Mr Chairman.
Working Group on Enhancing the Effectiveness of the Mechanisms of the Commission on Human Rights.
Joint oral statement by Human Rights Advocates, Earth justice Legal Defense Fund, Pax Romana, The Lutheran World Federation, and the World Federation of Methodist and Uniting Church Women
Mr. Chairperson, distinguished Members of the Commission, Ladies and Gentlemen:
Our organisations participated actively in the sessions of the Working Group on Enhancing the Effectiveness of the Mechanisms, making suggestions as to improvement of various aspects of the special procedures, the 1503 procedure, as well as the functioning of the Sub-Commission. Since the purpose of the Working Group aimed at rendering the functioning of the mechanisms more efficient, our expectations were high, and we therefore regret to have to conclude, that the report agreed upon by the Working Group largely falls short of our hopes. We would in this context like to emphasise that, in view of the often vague terms of the report, we are going to closely monitor the implementation of the recommendations which must be done in good faith so that they truly strengthen the various mechanisms whose task is to contribute to putting an end to human rights violations wherever they take place.
As to the positive aspects of the Working Group's Report, we welcome the changes suggested with regard to the 1503 procedure, which will hopefully contribute to shortening the length of this complex procedure.
With regard to the question of enhancing Governments' cooperation with the mechanisms referred to in paragraph 25 of the Report, we agree that it is important that Governments explain the reasons when they fail to cooperate. However, since Governments do have a duty to cooperate under Articles 55 and 56 of the United Nations Charter, explanations of reasons must not be allowed to constitute an excuse for non-cooperation; the process of explanation must only be considered as a means of increasing the understanding between the mechanisms and the Governments concerned.
We are further convinced of the importance of the urgent appeals made by the various mechanisms, and urge all Governments to which such appeals are addressed to promptly respond with adequate and substantive replies. In situations which involve immediate threat to human life, the Special Rapporteurs and Working Groups do need the full and constructive cooperation of the Governments concerned. We therefore count on all Governments to comply with this duty for the purpose of the higher good of protecting the life and security of the human person.
Our organisations finally welcome the recommendation that time be made available for an interactive debate on the reports of Rapporteurs. In the light of this year's experience, it is evident that, in order to make the Rapporteurs' work more meaningful, this debate has to follow immediately on the presentation of their reports as proposed in paragraph 31(ii) of the Report of the Working Group. However, this will require some rescheduling of interventions of the special guests so as to ensure a focussed and uninterrupted discussion.
Regarding the broadening of the mandate of the Special Rapporteur on toxic waste, there is a critical need for an extended mandate in order to cover a wider range of environmental issues that may have serious adverse implications on the effective enjoyment of human rights.
Mr. Chairperson, as to the recommendations relating to the Sub-Commission, we cannot but express our profound disappointment. Both the limitations of the Sub-Commission's mandate, the shortened sessions, as well as the failure to agree on guidelines to ensure the independence of the members, are some of the elements that we find truly unsatisfactory, and which may contribute to a weakening of the efficiency of the Sub-Commission most particularly in the field of preventive action. The important role played by the Sub-Commission inter alia as an early warning mechanism is well documented, and we express our sincere hope that it will also in the future find ways of fulfilling this essential task. As emphasised both by the Secretary-General and the High Commissioner for Human Rights, prevention of human rights violations must be given much more attention at all levels of the United Nations, including at the Commission level.
Although we do regret that the Sub-Commission will not be competent to adopt country resolutions and thematic resolutions with a country focus, we believe that this will not prevent the Sub-Commission from making the necessary recommendations to the Commission enabling it to take appropriate action with respect to violations or threatened violations in any part of the world. As Ambassador Anderson said at the end of the last session of the Working Group, "there must be some way for the Sub-Commission to reflect its common view to the Commission".
Finally, Mr. Chairperson, we appeal to all Governments to show their support to the cause of human rights, by immediately improving their funding of the overworked and understaffed Office of the High Commissioner for Human Rights. A marginal decrease in their military budgets would go a long way to help the Office improving its services.
Thank you Mr. Chairperson.
Mr Chairman,
We regret that little progress has been made since the Copenhagen Summit in 1995. It is therefore timely that this session is in meeting just before the Copenhagen+5 Review as well as the coming UN Consultation "Financing for Development" in 2001. Both these meetings need the firm commitment of all governments to make further progress as well as raise resources needed for development in the 21st century. This paper will discuss Debt Relief, Good Governance, Militarisation, Financing and Collective Action in relation to the Right to Development.
We realize that the debt-burden will always weigh down the nations' potential for development and growth. Ironically, these very loans should have propelled states into a more prosperous economy. Nearly 700 million people in 41 HIPC face a debt burden of US$ 221 billion. In the report E/CN.4/2000/51, it was noted that Zambia's external debt alone accounts for 10% of its budget in comparison with 2.5% for education. This indicates that loans meant for development purposes have galvanized into burdens for the nation. It is imperative that States of the United Nations ".. move from conceptual debates towards operationalisation" [E/CN.4/2000/12 Para 32].
Together with debt cancellation, new mechanisms of "Financing for Development" have to be studied, as many nations would still need money to propel their economy. Since one of the purposes of the UN is the achievement "of international cooperation (is) to solve international problems of economic, social, cultural or humanitarian character." (Article 1 of the Charter), the purpose of loans will have to do just that. The introduction of interest-free loan falls very much within these ideals. Furthermore, it would be morally unacceptable for any institution to earn interest at the expense of the poverty-stricken nations. We call on states to recognize human development indicators in relation to trade policies under WTO rules.
Essentially the right to development involves the financial means to realize development. The world is not short of cash. A total of US$ 890 billion from private capital has flowed into "the emerging markets" selectively, exactly 8 times more than what public credit gives. With so much money available, non-state actors, especially the TNCs and MNCs should actually invest some of their profits into developing these infrastructures together with the State. As many of these private business entities benefit financially from the States' resources be they natural or human, it is only "fair-play" that these business entities contribute part of their profits and put them back into developing the nations.
The right to development is mentioned in the same breath as all other rights enshrined in the Declaration as an inalienable right. We believe that at the core of all development is the realization of full human potential. The realization of this potential cannot be delayed in order that "some rights" be enjoyed first, then other rights later. This dichotomy can only serve to perpetuate States "playing" the tune of the rights of the collective first, then individual rights. It was stated in the High Commissioner's report that the right to development is inter-twined with the prevention of human rights violations [E/CN.4/2000/12 paragraph 22-35].
In many countries, the lack of good governance is eating away at the very cash that is needed for the development of the nation. The level of corruption in many countries is alarming. The billions of dollars that find their way into private pockets is actually in itself a violation of the "collective right" that this right is supposed to protect. Transparency International in releasing its Corruption Perception Index (CPI) shows that many developing nations are in the category of the most corrupt states. We therefore urge states to strengthen their transparency and accountability mechanism in order that money can be utilized for national needs. This can only be achieved when states are committed to ensuring the stringent observation of human rights standards in good governance nationally. A global governance mechanism should be installed to better monitor adherence of States to human rights commitments.
We also realized that many states channel a large part of their budget allocation into "unproductive expenditure" like defense. Fifty per cent of Myanmar's budget goes to maintain one of the world's largest armies whose only major "enemy" is their own Burmese people. It is a mockery when States put their money into defense and then seek development aid for their nation. India and China's vast population have the majority of people living in poverty, yet India increased its defense budget by 28% and China by 21%. This is taking money away from the hands and mouths of those still deprived of food, shelter, water, health facilities etc. We urge nations to reallocate their budgets meaningfully to address the national citizens' basic interests. Article 3 of the Declaration on the Right to Development places primary responsibilities on the State for the realization of the right t o development.
In closing, we reaffirm the need to reemphasize that the right to development needs collective action by the Inter-Governmental Organizations, State and civil society. In many Latin American and Asian countries, the involvement of civil society (i.e. NGOs) in the development issues has been very minimal. For some states like Malaysia NGOs are branded as being anti-development because of their vocal critical comments on State policies and are often target of stifling or silencing methods by the states. This marginalises NGOs from participating in developmental concerns. We therefore urge States to be consistent with their flattering pronouncements here in Geneva, and be committed to greater collaboration with NGOs on human rights issues when they return home.
Thank you.