Home » 59th Commission on Human Rights

ITEM 10: Economic, Social and Cultural Rights

Currently, humanitarian funding crisis exists for the UN, which raises many critical questions as far as the full enjoyment of Economic, Social and Cultural rights, particularly in relation to the poorest nations. Burundi, which is now officially listed as the third poorest nation on earth has received 3% of its UN request. Sierra Leone, where lassa fever is now rampaging through refugee camps has received 1%.

One wonders how such countries can "respect, fulfill and protect" Economical, Social and Cultural Rights.

Recently, Afghanistan was provided $ 50 million of which $ 35 million is to be spent on the construction of a five-star hotel in Kabul. Now, where does one situate the right to adequate housing? This is a case of skewed priorities, when aid is given in a post-conflict situation.

In the early months of this year owing to the cold wave in some of the northern regions of South Asia, nearly 1.700 people died in India and Bangladesh. All of them were extremely poor lacking shelter, food and healthcare. Had there been a complaints mechanism for International Covenant of Economic, Social and Cultural rights, perhaps they need not have died. In spite of growing justiciability of Economic, Social and Cultural Rights, in some countries domestic remedies are lacking or are certainly inadequate. While attention is drawn towards a declaration on extreme poverty and human rights, let us make a concerted effort to look beyond the phenomenon of extreme poverty and address with immediate effect the crisis faced by the extremely poor. They cannot wait for the progressive realization of Economic, Social and Cultural Rights. An optional protocol points in that direction.

The Commission on Human Rights has gradually opened its flanks covering all the minimum core obligations of Economic, Social and Cultural Rights. In this connection, PAX ROMANA welcomes the preliminary report of the Special Rapporteur on the right to health, which among other things should include water, sanitation and the right to healthy environment. [1]

In reviewing his work plan, PAX ROMANA wishes to raise the following points:

  1. In addition to the objectives of promotion and protection, it should include prevention. For this to happen, right information and education on right to health is a must to be immediately implemented, especially among the most disadvantaged groups.
  2. In addressing the policy approach, the Special Rapporteur, besides looking at the ministry of health, he should look at the commitments, if any, of all the line ministries including justice, trade, finance and foreign affaires. Their commitments need to be unpacked in terms of coherence and consistency, in both developed and developing countries. The lack of coherence was very much in display at the World Summit on Sustainable Development.
  3. To include in his work plan from a rights-based approach what has been agreed upon at the World Summit on Sustainable Development Plan of Implementation, paragraph 54 [2]dealing with health. This may facilitate the national plans which are yet to be drawn up by most of the member states with an inclusive approach of human rights and fundamental freedoms.
  4. Regarding the disadvantaged groups mentioned by the Special Rapporteur, migrants and migrant workers should be included, as they face formidable challenges to secure their right to health in receiver countries. In the same line, a special attention should be given to those facing discrimination based on work and descent.
  5. Presently, nearly 109 countries recognize a right to health in their national constitutions. It may be helpful to explore how the remaining member states, yet to do so, could be assisted.
  6. Today, privatization of health care is a reality in almost all countries, keeping the right to health beyond the reach of the poor. Hence, the Special Rapporteur, while examining non-discrimination[3], should address privatization in so far as it excludes the poor in achieving the right to health. In this connection, the role of private health institutions as well as the public ones deserve close scrutiny. To this maybe added the case of privatization of water[4].
  7. Access to medication involves much around the prevailing World Trade Organization agreements and the behavior of the corporate sector. It would be meaningful to include corporate accountability as a step forward towards improved access to medication, particularly given the role played by pharmaceutical multinationals concerning research, development and distribution of medicaments of all diseases, especially the neglected diseases.

Concluding, PAX ROMANA welcomes the statement made by the European Union on Friday 4th April 2003 stating the "willingness to contribute towards the realization of the target of the UN Millennium Declaration to halve the proportion of people whose income is less than one dollar a day by the year 2015". Yet, at the end of 2015, there will be 900 million people earning less than one dollar a day. Perhaps, it may be more meaningful to address the question of elimination of agricultural subsidies and better market access for agro-production from developing countries. This calls for a drastic revision of global economic governance. This comes out clearly in Mr. Mudho's report[5].

The current clamor on good governance is chiefly aimed at trade liberalization rather than the core issue of the enjoyment of all rights by all peoples and nations.

Thank you for your attention.

[1] Right to a healthy environment, Special Rapporteur on Toxic Waste (E/CN.4/2003/56) paragraph 90.

[2] Paragraph 54 World Summit on Sustainable Development Plan of Implementation:

"Strengthen the capacity of health-care systems to deliver basic health services to all, in an efficient, accessible and affordable manner aimed at preventing, controlling and treating disease and to reduce environmental health threats, in conformity with human rights and fundamental freedoms and consistent with national laws and cultural and religious values, taking account the reports of relevant UN conferences and summits and of special sessions of the General Assembly. (NGLS Round up n.96, November 2002)

[3] Committee on the Elimination of Racial Discrimination to the WSSD, 5-23rd August 2002 (paragraph 4):

"Affirming that policies, practices and the lack of enforcement of certain laws perpetuate racial discrimination, "environmental racism", and other forms of oppression which violate the rights to freedom, equality, and adequate access to basic needs such as clean water, food, shelter, energy, health and social care."

[4] Privatisation case of water

In 1980s, the UK privatised its water, gas, electricity and telephone services. When it borrowed from the IMF in the 1970s, the UK was not compelled by the IMF to privatise these utilities. Yet, pressure was being put on the Ghanaian government to privatise its water supply or lose $ 300 million in "aid". Amidst fierce protests and accusations of high level corruption the World Bank was finally forced to withdraw from a major contract to provide water for the capital city, Accra. As one official stated that it had a narrow escape and that the company concerned was interested only in the most profitable part of the country's system (The New African, January 2003; The Guardian Weekly, 2nd April 2003).

[5] In paragraph 76 (a) (E/CN.4/200310) it is stated that Economic, Social and Cultural Rights, particularly established and recognised rights related to health, food, employment, education and housing, that have been consistently and systematically undermined by SAPs must be respected

up
printer-friendly version | 398 reads