Interventions made during the 57th Session of the Commission on Human Rights, Geneva, March 19 to April 27, 2001.
Mr. Chairperson,
At the very outset, Pax Romana wishes to point out that "Macro-economic policies have a differential impact on men and women, with women bearing the brunt of the socio economic costs associated with financial crises and from policy choices which increase inequality. In order to overcome the deficiencies in the international economic and financial systems there is a pressing need for better co-operation, policy coherence and democratic control at a global level.
The Independent Expert on the Effects of Structural Adjustment and Foreign Debt, Mr Fantu Cheru amply demonstrates this central issue, both in his oral presentation as well as in his report contained in document E/CN.4/2001/56. Increasingly, such policies and practices are pushing millions of men and women back into poverty. "Desired social and human rights objectives, such as equity, provisioning of needs etc. need to be central to macroeconomic policy making if we are to advance a people-centred development or rights-based approach to development." (Prof. Fantu Cheru, 2 April 2001)
Similarly, Prof. Jean Ziegler, Special Rapporteur on the Right to Food (E/CN.4/2001/53) has indicated "the major socio economic obstacles that hinder or prevent the realization of the right to food. These obstacles not only underscore the importance of how the member States should re-design their policy choices, if they have to regain "food sovereignty" as well as the centrality of the pre-eminent actors, in particular the multilateral institutions and the multinationals who need to re-affirm their explicit commitment towards the realization of the economic, social and cultural rights, amidst overwhelming surplus.
Under globalisation, "accumulating evidence on the relationship between trade liberalization and food security and poverty suggests that there will be more losers than winners." Specifically, it would be crucial to his study that Prof Ziegler examines this liberalization under the World Trade Organisation (WTO)'s Agreement on Agriculture signed in 1994 as well as Structural Adjustment Programmes (SAPs) of the World Bank. These agreements and programmes led many countries of the South as well as transition economies to make significant changes in their food and agricultural policies. Among the changes are privatization of state-run enterprises, elimination of subsidies and price controls, etc under the SAPs, as well as to reduce tariffs on food imports under the Agreement on Agriculture. "Women, who produce 60 to 75% of food in most African countries have been affected disproportionately by the elimination of subsidies, the drying up of credit (even though the World Bank is a late comer to micro credit) and the surge of food import as a result of trade liberalization. Incomes of farming families have come under serious pressure. As a result, many have been forced to cut back on the quality and frequency of their meals"(John Madeley, SEEDLING, December 2000).
Mr Chairman,
This brings us to the question raised by the Peruvian Theologian, Fr Gustavo Gutierrez who said, "Where will the poor sleep in the 21 st century?". The preliminary efforts of Mr M. Kothari are in this direction as he stated yesterday. "Another important aspect that needs attention is the growing number of people living in inadequate housing as manifestation of poverty. There is new form of discrimination which is coming into being, not necessarily because of race, class or gender, religion but essentially because you are poor". In Mumbai today, on the government admission more than half of the twelve million residents live in slums. They occupy four to six percent of the total land area of the city. The crisis that the absence of adequate housing has created in Mumbai is a serious one. It needs to be tackled at different levels through multiple approaches that are humane and decisive (Ms. K. Sharma, The Hindu, 1 Feb. 2001)
All these reports as well as the one on the Right to Universal Primary Education by Prof. Katarina Tomaseuski (E/CN.4/2001/52) bring us to that pivotal efforts of Mme Lizine on Human Rights and Extreme Poverty (E/CN.4/2001/54) which clearly shows that poverty renders all human rights inoperative and that "extreme poverty is in a no-man's land where people are abandoned by exclusion systems and where the different authorities do not know how to work together" (Me Louis Pettiti)
Her studies as well as her questionnaires point out the indivisibility of the object of rights. The late Me Pettiti on Human Rights and Extreme Poverty said, "denial of right to housing leads to a formal and practical incapacity not only to enjoy the majority of civil rights but also at the very least to look for work, to send one's children to school and to experience harmonious family relations. A homeless person repels others and a homeless family is even more a subject of reproach". Indeed the very presence of the extremely poor is an assault on society, which responds by other forms of violence. The main issues which the poor face everyday have to do with violence by the State, and the absence of basic human and economic rights that leaves them open to violence by other vested groups including political and extremist groups and the escalation of ethnic violence, in which the poorest are inevitably the victims.
Lastly, Pax Romana has taken note of the study on Trafficking of Toxic Waste by Mme Fatma Zohra Ouhachi Vesely (E/CN.4/2001/55 and add.1). The report as well as the case files show us the ugly face of globalisation and its mechanisms. It is a both moral and ethical challenge that calls for better global governance and global ethics which would provide us a better environment. As Pax Romana declared in its recent world assembly, "The search for global ethic must be based on the central concern of caring for human well-being and of sharing the benefits of development among all peoples in pursuit of common good". (Para. 12, Final Statement of the ICMICA Plenary Assembly, Paris, September 2000)
In conclusion, Pax Romana associates itself with all the recommendations proposed by various Special Rapporteurs and Independent Experts regarding adequate mobilization of both human and material resources on the part of the global community. We wish to continue to join in consultations of all these Rapporteurs and Experts with the multilateral and multinational institutions for ethically sound macroeconomic policies and practices.
Thank you, Mr Chairman.
The Right of Peoples to Self-determination and Its Applications to Peoples Under Colonial or Alien Domination or Foreign Occupation
Chairperson,
"The right to self-determination is defined as a fundamental human right in the Charter of the United Nations, the two principal human rights covenants, the Declaration on the Right to Development, and other international instruments and declarations". As the Human Rights Committee reminds us, the realization of this right is essential to the effective guarantee and observation of individual human rights. Its denial constitutes a violation of internationally accepted and ratified human rights standards and a threat to international peace and security.
Today traditional peace and security parameters are challenged by the changing nature of conflict. Globalisation obliges us to reconceptualise governance at all levels, which is challenged by the eroding sovereignty of the endangered species called "nation-state" and the increasingly important impact of non-state actors. A culture of peace based upon good governance, sustainable development, democracy, and the rule of law requires a human centred security that includes the protection of communities and individuals from internal violence and that builds upon prevention.
The pre-eminent place of self-determination in both Covenants stresses the key role this right should play in the holistic approach that the High Commissioner advocated in her opening statement. This approach is based upon the interdependency and indivisibility of political, civil, economic, social and cultural rights. The realization of the right to self-determination can prevent conflicts resulting from the violation of these rights. A 1998 UNESCO Conference advocates a broad understanding of self-determination as "an ongoing process of choice for the achievement of human security and fulfilment of human needs with a broad scope of possible outcomes and expressions suited to different specific situations".
Universal realization of this right requires the abolishment of discriminatory applications. Firstly, to abolish the categorisation of peoples as its' collective title holder into "state population", "indigenous peoples", "minorities", which is based upon arbitrary and overlapping criteria. It sanctions not only a discriminatory entitlement of rights by every category but also violates the UN purpose "to develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples" Secondly, to abolish the artificial distinction between "classical colonialisation" and "internal colonisation". In 1979 Special Rapporteur Hector Gross Spiell already affirmed that "colonial and alien domination means any kind of domination, whatever form it may take, which the people concerned freely regard as such." Freedom does not distinguish between external and internal colonisation.
This internal colonisation is institutionalised, state-sanctioned discrimination where States subject peoples under their rule that are --religiously, linguistically, ethnically-- "different" from the majority. A structurally unequal access to and enjoyment of basic services, human rights, resources, and power prevent these communities to control their own destiny. This gives rise to self-determination claims aimed at guaranteeing human security for their people. Kosovo illustrated once again that these internal conflicts end up being international conflicts. Yesterday's crimes fuel today's retaliations and turn the post-conflict construction of a multi-cultural society into a fata morgana. The logical consequence of the principle of equal rights and self-determination of peoples is equality of all peoples before the law and the prohibition of discrimination against and between peoples. As the African group suggested at the PrepCom I of the UN WCAR 2001, the right to self-determination should be an essential strategy to achieve equality and non-discrimination. Regrettably, however, this has been omitted from the draft Declaration and Plan of Action.
The lack of preventive mechanisms facilitated indirectly ethnic cleansing and violent outburst in Kosovo and Chechnya. But has the UN learned its lessons? Is the UN devising an operational framework to address these self-determination claims effectively and at an earlier stage? Where can victims of the violation of the right to self-determination turn to? What UN instance considers the legitimacy of their claims, or offers these victims a perspective for a peaceful settlement? Do we want to see the tragedies facing Palestine, Western Sahara, Tibet, Chechnya, Kosovo, Kurds, Tamils and indigenous peoples being repeated in Montenegro, Zanzibar, Cabinda, West Papua, East Turkestan or with Crimean Tartars? Do their sufferings and casualties not oblige us –at least morally-- to look for proactive ways to peacefully exercise the right to self-determination? Modern exercise of self-determination allows peoples to share power via many forms of self-government and does not inevitably result in independence. The UN should engage in the transfer of know how in this field and make this available to the conflicting parties.
Romana, therefore, recommends the Commission on Human Rights to request the Sub-Commission on the Promotion and Protection of Human Rights to elaborate a working paper on the implementation of the right to self-determination as a contribution to international peace and security, including in an internal colonization context. This working paper should provide a thematic and horizontal overview in relation to other agenda items of the Commission. It should also lead to the re-conceptualisation of the right to self-determination in a broad sense, and reflect how treaty bodies and other UN mechanisms can effectively implement this right with a view towards conflict prevention. Finally the paper should look into available self-government practices to gain a better insight into the accommodation of self-determination claims and the conditions under which such arrangements may work or may not work. Thank you, Chairman.
Mr. Chairperson,
The WCAR 2001 will take place in the very same year in which we are called upon to denounce cultures and attitudes postulating a clash of civilizations. We are called upon to advance towards a culture of dialogue among civilisations. The most difficult question facing humanity has not been answered by science and technology. This is the question of « human solidarity and togetherness ». We live in a highly fragmented world in spite of the impression of worldwide unity created by the process of globalization. Human solidarity is the most urgent question that needs to be answered »
The Human Development Report 2000 reminds us that « Every society has known racism, sexism, authoritarianism, and xenophobia, depriving men and women of their dignity and freedom ». No form of racism, overt or hidden, should go unchallenged. This calls for more than just being politically correct in the use of language. In particular, discrimination based on ethnicity, gender, religious beliefs, social status, race; geographical locations do provide the institutional basis of poverty. States should endeavour to remove discriminatory practices and manage divisions if poverty has to be reduced or obliterated. We should go beyond tolerance. Pax Romana is concerned about these practices, and in particular about the caste-based discrimination in Asia, which affects approximately 260 million people. The recent census in India illustrates discrimination based on class, as the clauses in the census form indicate. Even the President of India, whose caste did not appear on the form, has criticized this. The enumerators` manual of the of the 2001 census states scheduled castes (castes referred to as « untouchables») can only be listed among Hindus, Sikhs, and Buddhists. ». This violates 3 Articles of the Indian constitution by denying freedom of conscience, faith and equality. It is illegal to force an Indian citizen belonging to a scheduled cast to embrace only the Hindu, Sikh or Buddhist religions. Scheduled castes and other religions are denied their identity.
Mr. Chairperson
Pax Romana's other concern relates to young people, in particular those belonging
to vulnerable groups. Our youth constituency is made up of young people aged
between 18-25 years old coming from all continents. We welcome the concern
and the encouragement of the High Commissioner on Human Rights regarding youth
participation in the WCAR 2001. Mrs. Robinson reminds us that « children
and youth are sometimes not only victims, they are also victimizers. In some
societies, they are used by adults as weapons of ethnic and racial wars. They
have used and advocated violence, hatred and destruction against religious
and ethnic minorities. They have killed and are killed; they have raped and
are raped; they have tortured and are tortured. Children who themselves have
been victims of racial and ethnic discrimination are easily manipulated when
racism is used to motivate revenge. Only a few
Regional preparatory meetings -- Strasbourg (October 2000), Santiago de Chile
(December 2000) and Teheran (February 2001) -- reflect these concerns, but
rather superficially.
Youth should not be included as objects or mere testimonial presence in the
WCAR 2001, but as actors engaged in all activities. Their full and active participation
should be real and effective, before during and after the WCAR. This is the
best contribution to the empowerment of young people and to their struggle
against Racism
Mr. Chairperson,
Pax Romana notes with greatest concern that CERD is not fully accepted among many UN member states. Not only are there a big number of countries -- Paraguay, Kenya, Myanmar, Malaysia, Brunei, Singapore, North Korea, Pacific Island States-- that did not sign it yet. Yet others, which did ratify this convention, do not live up to their obligations. Thus, India, Pakistan and Sri Lanka did not submit their periodic reports.
Mr. Chairperson
Pax Romana will end this statement with 3 recommendations:
Question of the Violation of Human Rights and Fundamental Freedoms in any Part of the World – Equatorial Guinea, Indonesia and East Timor
Mr. Chairperson,
Pax Romana welcomes the report of Mr Gustavo Gallón, Special Representative of the Commission on Equatorial Guinea (Document E/CN.4/2001/38). The present government, while being under the technical assistance programme of the Office of the High Commissioner for Human Rights, has regrettably refused to receive the Special Representative within its territory. However, the situation of human rights has hardly improved, particularly the condition of the detainees subjected to inhuman treatment, torture and all kinds of pressure including extortion. And, when the detainees belong to other ethnic groups, like the Bubi, the situation is even worse.
At the beginning of March 2000, 41 detainees belonging to the Bubi ethnic group were transferred to a prison on the mainland. This, taking into account that a detainee's situation in Guinea means an economic effort to his family, implies in the case of Bubi people, a major effort because they have to support transportation costs, food and lodging expenses. The total amount is about 420.000 FCFA, and the average salary of a Guinean is 30.000 FCFA, provided he/she is not a Bubi (then the violation of the right to work is another to be added to the list.)
During the last quarter of 2000, both Bubi and Fang detainees were transferred to Bata (mainland part of the country). Thus, the Fang people were taken closer to their place of origin, where they can be better attended to by their families and this helps them to emotionally bear the harsh conditions of an imprisonment situation. All the contrary happens for the Bubis, as they are taken further from the Bioko island.
The recommendations by the Commission as well as the requests by the Special Representative to visit Equatorial Guinea continue to be ignored. The European Commission has also asked the Equatorial Guinea government to invite the Special Representative and they have been ignored. Given these situations of deprivation existing in Equatorial Guinea, both as regards the civil and political rights and Economic, Social and Cultural rights, Pax Romana urges the Commission;
Mr. Chairman
The prevailing situation in Indonesia can be characterized as one of political chaos and bloody unrest with the State authority unable to provide both security and governance to its own citizens. Human Rights violations continue to reach unacceptable levels, amply presented in the reports prepared by the Working Group on Enforced or Involuntary Disappearances (E/CN.4/68, para 62), the Special Rapporteur on Extra-judicial Killings (E/CN.4/2001/9, Para 36, 43, 55, 57, 74 and 115), the Working Group on Arbitrary Detention, Torture, etc. The Working Group on Disappearances registered the highest number of cases, totaling 29 in Indonesia for the year 2000.
In most of the cases, the government has been a bystander, ignoring its responsibility in providing protection to civilians from violence and killings by militia groups. As the Special Rapporteur on Extra-judicial killings points out in paragraph 55 of her report, "..unofficial use of irregular forces appears to have become part of government policy". Church sources have pointed out "how the religious and ethnic tinderbox of Indonesia is being sparked by extremists manipulated by the armed forces and their corrupt business allies". In the last two years, nearly 4,730 people have lost their lives in the Moluccus islands. The people in the Indonesian provinces of Aceh, West Papua and recently Kalimantan continue to suffer from gross and systematic violations. On the economic front, out of 90 million employable labour, nearly 30 million of them remain unemployed.
All these facts point to the conclusion that, "impunity continues as an entrenched political culture" and that, "to bring those responsible to justice" (as contained in the Chairman`s Statement of the 56th Commission), remains a dead letter. More disturbing is the situation of the East Timor refugees in West Timor. The Personal consultant of the High Commissioner was refused access by Indonesian authorities. Hence, "the decision by the government to set a deadline and to take all necessary measures for the refugees to express freely their choice" as well as "to enhance the security and the safety in refugee camps" remains unfulfilled. Moreover, as per recent information, the office of the UNHCR is winding down its operation and will shut down by the end of the year " (The Observer, 1 April 2001). The refugees remain scattered in more than 220 locations. The UNHCR has had no access since September last year (2000). Besides lack of basic necessities, intimidation and abuse continue in these locations. We are all well aware of the horrendous tragedy in East Timor, where "it took only three weeks to reduce that Country to burnt ruins and to drive a third of its population over the border". One of those responsible, Eurico Guterres was arrested, indicted and released. The charges were related to illegal possession of firearms (E/CN/2000/9, Para 57). Those who have come forward to carry out human rights activities in Aceh, West Papua and Mahha islands continue to face threats and violence.
In this context, Pax Romana calls upon all the member States of the Commission, without undue delay;
Thank you, Chairman.
Nathalie Mivelaz
Joint intervention of Pax Romana and the World Organisation Against Torture (OMCT)
Thank you Mr. Chairperson,
There has been a serious deterioration of the human rights situation in the occupied territories since September 28th 2000, marked by wide-ranging violations of human rights and humanitarian law, including grave breaches of the Fourth Geneva Convention. OMCT and Pax Romana are concerned by the escalation of violence in the region resulting from Israel? violations of human rights and humanitarian law, as reported by LAW and the Public Committee Against Torture in Israel (PCATI), both members of OMCT network, and by the recent reports of the High Commissioner on Human Rights, and the Commission of Inquiry.
Information provided by LAW shows that excessive, disproportionate, and indiscriminate use of force has been used by Israel, in violation of international human rights and humanitarian law, including the Fourth Geneva Convention.
Mr. Chairperson,
Information received by the Public Committee Against Torture in Israel (PCATI) shows an emerging pattern of a return to the use of torture methods during interrogations, as it was the case prior to the 1999 Israeli High Court decision outlawing such methods. Incommunicado detentions (Israeli denial of access to lawyers and families) as well as other forms of cruel, inhuman or degrading treatment continue to be reported. No later than yesterday, we received a communication form the Public Committee Against Torture in Israel on alleged use of torture during interrogations, which include beatings, slapping on the face and sleep deprivation. We also remain deeply concerned as no decisive measure has been taken, since the High Court? ruling, to either prosecute those who have abused detainees, or to compensate the victims.
Mr. Chairperson,
Israeli military courts continue to undermine the rule of law in the occupied territories. The military courts do not accord to internationally recognised standards of fair trial while the military orders themselves violate human rights standards. Bias in sentencing of Palestinians in the Israeli military and civil courts as compared with Israeli settlers and soldiers have also been regularly reported to us by LAW and the Public Committee against Torture in Israel (PCATI).
Mr. Chairperson,
On the basis of information received from LAW and the Public Committee against Torture in Israel (PCATI), extra-judicial killings, or to use the Israeli terminology ?iquidations? have become a regular pattern of the current crisis, with at least 10 such ?iquidations?carried out by Israel since November 9th 2000. In all cases, the Palestinians alleged to have engaged in hostilities against Israel were assassinated extra judicially, without trial, arrest or detention for questioning, even though in all cases there was an opportunity for Israel to do so.
Mr. Chairperson,
The siege (the closures and curfews) of the occupied territories has resulted and continue to result in gross violations of economic, social and cultural rights and civil and political rights such as the rights to work, to health, to education, to an adequate standard of living, and the right to life. The recent report of the World Bank estimates (as at 13 February 2001) that as a result of the restrictions the poverty rate in the occupied territories has increased by 50% ( from 21.1% to 32% of the population). Accordingly, about 1 million Palestinians are now living under the poverty line.
The nature of the restrictions, their timing, their destructive consequences, as well as their discriminatory nature ?as they do not apply to settlers in the occupied territories - indicate that they constitute a form of collective punishment against the whole Palestinian population of the occupied territories. Article 33 of the Fourth Geneva Convention, applicable to the occupied territories, prohibits any form of collective punishments against civilian populations.
Mr. Chairperson,
We note with concern that the perpetrators of all violations of human rights and humanitarian law have not been properly investigated or prosecuted, or have enjoyed complete impunity. With regard to Israel, impunity from liability arising from grave breaches of international law lies at the heart of its policies of abuse against Palestinians and encourages Israel in its attitude of disregard for international standards. This has led to a deteriorating humanitarian crisis in the occupied territories, which requires urgent intervention by the international community.
Mr. Chairperson,
OMCT and Pax Romana strongly urge the Commission to: