Interventions made during the 58th Session of the Commission on Human Rights, Geneva, March 18 to April 26, 2002.
Delivered by Mboje Mjomba on 11 April 2002
Pax Romana, together with a coalition of non-governmental organisations, has been following closely the Monterrey process towards Financing for Development (FfD).
The outcome has been meagre, when seen from the perspective of financing for Defence. The contributions provided by the European Union and the United States of America, around US$ 12 billion, do not even cover the costs envisaged, neither the health targets of the MDG estimated around an additional US$ 15 billion a year nor dealing with universal primary education estimated around a similar amount.
Moreover, the entire human rights perspective, development as freedom, has been pushed aside to the margin. Further, the FfD is absolutely silent about implementation of the promises made at the UN Conferences during the nineties. For the year 2000, the entire global outlay for Defence was around US$ 825 billion, whereas the ODA (Overseas Development Assistance) was around US$ 53 billion.
Projections indicate that for the year 2003, the global defence outlay will be around US$ 900 billion and the quantum of increase in ODA for 2003 will be only US$ 12 billion. This is totally unacceptable, and could only aggravate the growing inequalities already so pronounced through the ongoing mechanisms of globalisation.
In that respect, Monterrey failed to strike a different note that would have made a contribution to "real and concrete equalisations of conditions" including "effective reciprocity." The other fifty percent of the global poor have many more decades to wait and not just 2030.
Hence, Pax Romana calls upon the European Union, Japan and the United States of America, the need for deep structural changes and genuine commitment in ODA to create resources for the poor. We say this as the current condition of competition and the transfer of the meagre resources of the poor and the vulnerable to the already extremely rich under disinvestments and privatisation practices of the developing countries continue. As long as finance, the dominant factor of globalisation remains footloose, and eradication of poverty becomes densely politicised, the poor have no place to sleep, no food to eat and no school to send their children in the 21st century.
But the poor are not giving up the struggle not only to survive but also to flourish. All they are saying is that do not skirt the issue of global responsibility for development that would effectively enhance human security through a uniting human rights framework, including the enjoyment of economic, social and cultural rights.
Today, hunger and malnutrition coexist with a surplus of food grain. And that agricultural policies and practices are no longer synonymous with food security goal. These demand better domestic and global remedies, particularly under the rule based regime of World Trade Organisation through agreement on agriculture. WTO must give up its "trade related, market related human rights regime" that are merely concessionary and must adopt right-based approaches, so that the poor need not face death sentences when they cannot neither afford costly medical treatment nor the consumer based fast food practices.
In this connection, Pax Romana welcomes the studies provided by the High Commissioner for Human Rights on TRIPS and the right to health, and the review of trade liberalisation related to agriculture from a right-based perspective.
Pax Romana asks the Commission on Human Rights to strengthen the enforcement of mechanisms that would make the right to food at the national and international levels, justiciable. The effects of lack of adequate food are not only seen directly through death of victims but more so as a vicious cycle in several generations of people with underdeveloped brains, as was clearly stated by the Special Rapporteur on the right to food.
Pax Romana welcomes the current report on the question of dumping toxic wastes and dangerous product and encourages her to review such policies and practices in a number of Asian countries. Currently, the debris of WTC due to 11 September attacks are in the process of being dumped in India.
Given the limitations in financing for development as well as the alarming decrease in social expenditure in the nineties, Pax Romana cannot help worrying about the crisis in implementing the goal, "Education for all," especially the right to education of the marginalized, in the context of globalisation.
(Equally, we do worry about the incapacity of the member-states of the UN at the Durban Conference to agree upon the victims’ list.)
The consequences are grave. The students’ fees in many countries have increased dramatically. As a result, many poor students face, on an everyday, basis the struggle to continue their studies, or finally, to give up their studies. Moreover, the contents of education do not equip them to enjoy the right to livelihood.
On the other hand, some governments, instead of formulating effective policies and practices, are deeply engrossing in tampering with history textbooks (Japan, India etc.).
In this scenario, we also notice that people are resorting to legal remedies, wherever their constitutions recognise the inclusion of a fundamental right to education, for example, India, South Africa, France, Argentina, Switzerland etc.
Pax Romana calls upon the Special Rapporteur to explore adequately the ways and means of reinforcing the right to education, which would contribute towards universalising primary education as well as preventing drop-outs, particularly the marginalized. Such enforcement would enhance the right to popular participation towards democratic governance, as envisaged in the right to development.
Thank you, Mr. Chair.
Delivered by Khalil Tahir on 15th April 2002
The 11th of September event even has clearly demonstrated the security dimensions of globalisation as well as the primacy of politics over the centrality of economy. It has also shown the fragility of what holds the current system of global governance. In its after math, either for presumed or assumed reasons, member states of the UN have rushed in with legal measures that have "smuggled in powers that have little or nothing to do with terrorism" with subsequent miniaturizations of the rule of law and causalities have been many, for instance, freedom of press is under attack in many parts of the world, notably in Asia. Arbitrary detention, ignoring humanitarian and human rights norms are on the rise, often with impunity. Both the High Commissioner for Human Rights and the UN Secretary General as well as few states and NGOs have reminded this session the inherent necessity for respecting Human Rights and humanitarian standards, painstakingly established over the last five decades. The Commission is urged to face squarely this ethical and moral imperative, while addressing the evils of terrorist.
On the other hand, many events since the last session have shown the prevalence across the world of inter-ethnic and communal conflicts – like in Indonesia, Nigeria, India, Gujarat and other places where hatred continues to blaze. There is a sharp rise in religious intolerance and in most circumstances, the concerned parties, including states both the Durban Conference and its outcome are inadequate, particularly how "to ensure the accountability of non-state actors who violate human right standards2 as well as the role of governance when governed become hapless victims. Delays in administration of justice related to such events of intolerance have contributed to "a breeding ground for continued occurrence of human rights violations." It also undermines the consent of the governed. Drastic measures, respecting human norms, are needed as a matter of high priority.
Pax Romana, in this connection, also likes to persist out the inadequacy of international mechanisms and domestic remedies when it comes to religious minorities, in relation to Art. 2.1 of the Declaration on Minorities. The Durban declaration even fails to mention it in its final declaration and those suffering religious intolerance are classified as 2other victims". In the case of Pakistan, in spite of recent measures proposed, the religious minorities are feeling insecure. Religious intolerance remains institutionalised in that country. We call upon the government of Pakistan that besides recent initiatives to undertake confidence-building measures of a non-discriminatory nature in a number of areas including education, state controlled electronic media, and employment. On behalf of religious minorities, equally Pax Romana urges the special Rapporteur on Religious Intolerance, who has raised the violation of Human rights confronting religious minorities in many countries to undertake serious investigations thematically and to propose comitant preventive remedies. The working Group on Minorities of the Sub-Commission on Human Rights has proposed the appointment of a Special Rapporteur for minorities at its 53rd session. Pax Romana welcomes this proposal.
Related to religious intolerance, Pax Romana calls upon the Commission on Human Rights to take appropriate measures concerning conscientious objection to military service, particularly in cases, when the government of South Korean and Singapore refuse to recognize conscientious objection as universal human rights and fail to implement their duties to protect and promote such a right in their own countries. Consequently, as many as 1,600 in South Korea and about 30 members of Jehovah’s witnesses (Amnesty International Report 2001) in Singapore are in jail due to their legitimate exercise of their right to conscientious objection.
In this connection, we urge both the governments to immediately release all prisoners of conscientious objection and to stop criminalizing them by providing alternative civilian service to military service as recommended by the CHR resolution 1998/77.
Furthermore, we urge the government to Singapore to accede to the International Covenant on Civil and Political Rights immediately. Today, the contours of Sovereignty and security demands are different. The Human Rights Committee at its 48th session in 1993 in its General Comment no. 22 stated that "such a right can be derived from article 18 in as much as the obligation to use lethal force may seriously conflict with the freedom of conscience and the right to manifest one's religious or belief". We also ask the Office of the High Commissioner for Human Rights to examine the obstacles towards the realization of the right to conscientious objection along with the collection of best practices as mandated by the CHR resolution 2000/34.
In conclusion, Mr Chairman,
Pax Romana wishes to raise a major global concern related to freedom of assembly, the right to popular participation and the right to dissent, specifically, recent events surrounding the summit meetings of G8 in Genoa and the European Union at Barcelona. Excessive demonstration and disproportionate use of force has been conspicuously manifested. Pax Romana has already raised this concern at the 53rd session of the Sub-Commission last year. Recently, similar events took place at Woodmere in Australia, where asylum seekers are detained in privatised prisons. The use of force at such events does not augue well for advocates of Human Rights norms and its implementation.
Thank you Mr. Chairman.
The Right of peoples to self-determination and its application to peoples under colonial or alien domination or foreign occupation.
Mr Chairperson,
Two days ago, the Minister of Foreign Affairs of Afghanistan addressed this august body. Echoing the Vienna Declaration that interrelates self-determination with democracy and representative government[1] he stated that the during the Bonn talks on Afghanistan "various Afghan factions clearly manifested their desire and determination to embark on a new road toward the formation of a representative government, promote reconciliation, lasting peace, stability, the right to self-determination and respect for human rights in Afghanistan" [2]. This clearly demonstrates that the right to self-determination should be seem 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"[3]
This principle and fundamental right to self-determination of all peoples is firmly established in international law, including human rights law, and must be applied equally and universally. Logically this means the equality of all peoples before the law. Its arbitrary denial is among the root causes of human insecurity and institutionalises structural discrimination[4] of peoples at all levels of (inter)national society. Since "the key to enhancing human security is the pursuit of a comprehensive human rights agenda" [5], the realization of the right to self-determination obliges the UN to hear, examine, denounce and remedy its violations. This should be seen as a fundamental strategy to redress situations of discrimination of peoples and to prevent future conflicts. Their empowerment via the regulated exercise of self-determination is a proactive strategy to protect people from the negative consequences of globalisation and an essential contribution to the furtherance of tolerance and promotion of cultural pluralism.
September 11 attacks and its dreadful consequences have driven us even further away from the peaceful resolution of self-determination disputes. UN Security Council members rushed to equate self-determination movements with terrorists. A struggle against terrorism that ignores basic human rights and fundamental freedoms has the same result as terrorism itself, namely the suspension of the universal and common standards of humanity at all time and place, for all actors. The Special Rapporteur on Terrorism and Human Rights, recalling that those States with best human rights records and conducting themselves in conformity with UN Charter standards are least affected by domestic and international terrorism, concluded that "an obvious step to reduce terrorism is the full realisation of human rights( …) in particular in relation to self-determination[6]"
In recent years the UN has been addressing self-determination disputes but never as a part of its conflict prevention strategy. Only after massacres of genocidal proportions, the UN Security Council decided to intervene by setting up transitional administrations in East Timor and Kosovo. Biassed application of self-determination makes however that many other, and equally urgent, self-determination disputes on the five continents are in sufficiently addressed or not at all. These cases include, but are not limited to, Palestine, Western Sahara, Kashmir, Tibet, East Turkestan, Chechenya, Zanzibar, Cabinda, West-Papua, Aceh, Puerto Rico. In this context, the recent Union of States between Serbia and Montenegro reminds of the wide range of forms of self-government as possible outcomes of exercising self-determination.
Special reference should be made to the role of treaty monitoring bodies. In several of its Concluding Observations the Human Right Committee gave a new dimension to the sovereignty of indigenous peoples over their natural ressources, as an intrinsic part of their right to self-determination[7]. The Permanent Forum on Indigenous Issues and the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people are key instruments in addressing the violation of the indigenous peoples right to self-determination.
The reconceptualisation of self-determination in the context of globalisation, its realisation as an integral part of the full realisation of all human rights, as well as addressing its violation as a root cause of threats to international peace and security, good governance and sustainable development should lead the UN to device a framework capable to peacefully resolve victims' claims in a regulated manner on the basis of the rule of law. Such a rights-based framework would allow to balance the exercise of self-determination with the observance of other human rights, UN Charter principles and general interest of (inter)national society. In offering in that way its ear to the claimants, the UN prevents unilateral exercise of the right to self-determination, strengthens the concern of all actors for the full realization of all human rights, encourages States' effort to achieve real representative governance, increases the UN' s credibility and legitimacy in defending and promoting human rights, and makes substantial contribution to UN structural conflict prevention policy.
Pax 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. This working paper should examine whether available UN procedures and mechanisms sufficiently address claims by victims stemming from violations of their right to self-determination.
[1] Viena Declaration and Programme of Action, Preamble, parra 2
[2] Address to the third meeting of the 58thsession Commission by Dr. J. Abdullah Minister of Foreign Affairs of Afghanistan
[3] Final Report of the UNESCO/Centre UNESCO de Catalunya Conference "The Implementation of the Right to Self-Determination as a Contribution to Conflict Prevention (Barcelona, 1998)
[4] In the sense of article 1 of the International Convention on the Elimination of Racial Discrimination (ICERD "racial discrimination" shall mean any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life."(ICERD, article 1)
[5] Report of the UN HCHR and follow up to the World Conference on Human Rights, E/CN.4/2002/18, parra 50
[6] Special Rapporteur on Terrorism and Human Rights, Mrs. K. Koufa in E/CN.4/2001/31, parra 129
[7]Cf. Concluding observations of the Human Rights Committee, respectively concerning Mexico.(CCPR/C/79/Add.109), Norway CCPR/C/79/Add.112. Canada (CCPR/C/79/Add.105. and Australia. 24/07/2000.A/55/40,paras.498-528
Mr. Chairperson,
PAX ROMANA welcomes the Representatives of the European Union, Pakistan, the International Labour Organisation and all those NGOs who paid much attention to the issue of descent or caste based discrimination.
PAX ROMANA would like to raise the issue of discrimination based on descent and related forms of discrimination. Discriminatory and degrading treatment of a vast global population has been justified on the basis of the caste. In many of the South Asian and some African countries, caste and caste-like systems are the basis for the definition and exclusion of distinct groups on the grounds of their descent. An estimated 250 million people worldwide continue to suffer under a form of apartheid amounting to segregation, modern day slavery, exploitation and violence.
In India, caste is the factor, which excludes one fifth of its population (160 million people) by reason of their work and descent. Dalits are at the bottom of the social hierarchy, excluded by the 'non-dalits' in social life. Caste imposes enormous obstacles to the enjoyment of their civil and political rights and economic, social and cultural rights, which are guaranteed in the Indian Constitution. Dalits are deprived of education, employment opportunities, access to land, temples, hotels and shops. Dalits are not allowed to drink from the same cups in tea stalls. Dalits have to do works, which are considered impure. They are forced to undertake demeaning work such as manual scavenging. Majority of Dalits are bonded labourers in rural communities. Most of them are under the clutches of vicious cycle of a debt bondage.
Violence against Dalits is widespread. Dalit women are sexually abused by upper caste people. The perpetrators of violence enjoy impunity and the upper caste people have a common fund to rescue the people who faced legal action. Though India has a Dalit as its President. A Dalit cannot become a President at the village level governments called panchayats. For example, the president and six other members of panchayat who were elected from the constituency reserved for Dalits were decapitated by upper caste people in Tamilnadu, a state in South India in 1997.
The Indian Constitution prohibits the practice of 'untouchability'. The parliament enacted the Protection of Civil Rights Act only in 1955, with nominal punishment for violations. After considering the inadequacy of the Act, the Parliament enacted the Scheduled Castes, Scheduled Tribes (Prevention of Atrocities) Act in 1989. The Rules for that Act were enacted only in the year 1995. The special courts were established under the new Act, but the conviction rate is still less than one percent of the cases registered. Despite formal protection in law, discriminatory treatment remains endemic and impunity remains for those committing crimes against Dalits.
The National Human Rights Commission of India in its statement to the World Conference on Racism underlined the manifest inadequacies in the implementation of laws, which are meant to protect Dalits rights.
The UN Sub-Commission expert, Mr.R.K.W. Goonasekare, in his recent working paper on discrimination on work and descent (presented last August in the Sub-Commission) concluded that the 250 million people affected by this form of discrimination "have inherited a life of burdens and few rights, a life of continuous discrimination, a life without dignity".
We deplore the fact that the World Conference against Racism failed to address discrimination based on work and descent, and we appreciate that some governments have now started to recognise this gross omission and have stated as much in this session of the Commission on Human Rights.
We note that the Committee on the Elimination of Racial Discrimination earlier this week has decided to have a thematic discussion in its forthcoming session on the scope of descent under Article 1 of the convention and we welcome this decision.
At this juncture, we wish to recall India's determination in the statement given by it beofore this Commission yesterday that it will combat all forms of discrimination and its affirmation of the Durban Declaration which envisaged that all human beings are born free, equal in dignity and rights and have the potential to contribute constructively to the development and well being of their societies. We insist that this includes combating discrimination based on work and descent.
The international Community can no longer be a silent spectator to caste discrimination.
Hence we call upon the Commission on Human Rights to encourage Governments of countries affected by descent- based discrimination to invite the Special Rapporteur on Racism, racial discrimination, xenophobia and related intolerance to visit their countries.
We call upon the High Commissioner for Human Rights to involve the Anti-Discrimination Unit in the work to combat descent-based discrimination and to undertake visit to affected countries to assess the situation and identify possible measures.
The Commission on Human Rights must call upon Governments, particularly India to come out with broad based approaches and acknowledge before the International Community, the prevalence of discrimination based on caste and to implement the Acts in force wholeheartedly, in order to make the right to equality and freedom a reality for people suffering from descent based discrimination.
Thank you, Mr. Chairperson.
Delivered by Chulhyo Kim on 9 April 2002
The presidential election held in Zimbabwe last March was characterised by pre-election violence. The government-sponsored paramilitary youth groups and so-called "war veterans" killed, abducted and tortured the supporters of opposition party and demolished their houses.
Most of the 30 people killed in the politically motivated violence were activists of the opposition, including Tichaona Chiminya and Talent Mabika. Opposition supporters, parliamentarians and journalists were systematically beaten up, abducted, tortured. Their homes and property burnt down or destroyed. Illegal roadblocks were mounted in order to demand ruling party membership cards. National identity cards of suspected opposition supporters were confiscated. People were forced to attend campaign rallies held by the ruling party. However, many of the government-sponsored thugs have not been arrested even when victims have positively identified them and have filed charges.
This violence was conducted with impunity. The judges continued to be threatened by the ruling party and the independence of the judiciary is "a source of grave concern." In spite of the expressions of concerns by the Special Rapporteur on the independence of judges and lawyers, Mr. Dato’ Param Cumaraswamy as expressed in his report (E/CN.4/2002/72, paras. 215-222), the collapse of judiciary system still continues in this country.
We call upon, in this regard, the Zimbabwe government to provide access to Special Rappoteurs of the Commission and also to deal with these issues in its second periodic report on ICCPR, which is due on the first of June this year.
Such pre-election violence is also found in Kenya. On March 4 at Dandora estate in Nairobi, 23 people were massacred and more than 20 people were seriously injured by a group called ‘Mungiki’. Many others were displaced after the incident. On December 4 2001, a similar violence happened in the Kibera Slums after a politician’s provocation. The attacks are also targeted towards a particular ethnic community. However, so far nobody has been charged. Prior to election in December, these incidents remind us of the pre-election violence at Molo 1992 and at Likoni 1997. Such violence cannot be repeated this year.
Pax Romana calls upon the present government of Kenya to undertake appropriate preventive measures on the pre-election violence and to ensure the independence of judiciary regarding the impunity of the non-state actors involved. We also urge these issues should be taken up by special procedures of the Commission.
Last November the Myanmar army raided Htee Wah Doh, a settlement of internally displaced Karen civilians. After burning and looting houses, a hospital, and a school, the army arrested 15 Karen asylum-seekers who fled from relocation and forced labour. In spite of ILO’s efforts, the Myanmar army continues to relocate the Shan, Karen and Karenni people and to force them to carry military equipment or to break rocks. Myanmar should stop the harsh repression of ethnic minorities.
Pax Romana also takes note of the report of Special Rapporteur on Myanmar, Mr. Paulo Srgio Pinheiro. "It is necessary for the government to promote a substantial enlargement of space for civil society, political parties and ethnic minorities to functions, by creating conditions for the full exercise of their political freedoms." (E/CN.4/2002/45, para. 115(c)).
Including those Karen asylum seekers, a large number of Myanmar asylum-seekers have faced suppressive refoulement by the Thai government. This is a clear violation of international customary law. Although Thai government has shown tolerance in asylum seekers policy, more than hundred-thousand Shan, Karen and Karenni people are returned and living near the border under the fear of Myanmar army’s attack. Thailand should ratify Convention on the Status of Refugee and respect people’s rights to seek asylum.
We also condemn such violations of asylum seekers’ rights in Australia and the United Kingdom. Increasingly strict border controls stop people fleeing from reaching a safer asylum. In Australia, all asylum seekers are subject to detention and such tendency increases in the UK.
Pax Romana takes note of this year’s report on Equatorial Guinea of the Special Representative Mr. Gustavo Galln (E/CN.4/2002/40). We are deeply concerned about persisting grave violation of human rights in this country, particularly arbitrary detention, systematic practice of torture and trials of civilians by military courts. We call upon the Commission to renew the mandate of Special Representative this year and to continue to monitor both the situation of human rights as well as the measures adopted by the regime through technical assistance to bring in a coherent rule of law.
Thank you.