COMMISSION DISCUSSES REALIZATION OF RIGHTS RELATED TO ECONOMIC DEVELOPMENT, STATUS OF INTERNATIONAL HUMAN RIGHTS INSTRUMENTS

Press Release
HR/CN/715

COMMISSION DISCUSSES REALIZATION OF RIGHTS RELATED TO ECONOMIC DEVELOPMENT, STATUS OF INTERNATIONAL HUMAN RIGHTS INSTRUMENTS

GENEVA, 25 March (UN Information Service) -- National delegations and non-governmental organizations urged the Commission on Human Rights this afternoon to press for increased development aid to the poorer regions of the world.

The statements were made as the Commission began considering four of the items on its agenda: the realization of economic, social, and cultural rights; the realization of the right to development; the status of the International Covenants on Human Rights; and the effective functioning of bodies established pursuant to United Nations human rights instruments. The statements also followed an address at the end of the morning meeting by the Chairman-Rapporteur of the Commission's working group on the right to development, Mohamed Ennaceur (Tunisia).

A number of speakers also called for additional bilateral and international aid to spur economic development and for the easing of structural adjustment programmes undertaken by poor countries at the behest of international financial institutions.

Statements were made by the representatives of Colombia, Gabon, Cuba, Benin, and Egypt. The representatives of the following non-governmental organizations also spoke: International Commission of Jurists; Pax Romana; Commission for the Defence of Human Rights in Central America; Centre Europe - Tiers Monde; American Association of Jurists; International Federation Terre des Hommes; International Institute for Peace; International Humanist and Ethical Union; Himalayan Research and Cultural Foundation; and Pax Christi International.

Brazil, United States, Viet Nam, and Cuba spoke in right of reply.

Commission Work Programme

This afternoon, the Commission began its general debate on the realization of economic, social, and cultural rights; the realization of the right to development; the status of International Covenants on Human Rights;

and the effective functioning of bodies established pursuant to United Nations human rights instruments. The Commission had before it a report of the Secretary-General on ways to carry out a political dialogue between creditor and debtor countries in the United Nations system, based on the principle of shared responsibility. In that report, the Secretary-General proposes guidelines for the formulation of an equitable and durable solution to the problem of foreign debt, and outlines responsibilities of States at the national level; the duty of States to cooperate with each other at the international level; and the duty of international financial institutions in the matter. Also before the Commission was a report of the Secretary-General summarizing comments received from States on problems encountered in efforts to achieve economic, social, and cultural rights, and containing comments by United Nations departments and bodies and by non-governmental organizations.

The Commission also had before it a note by the Secretariat outlining a proposal by the Subcommission on Prevention of Discrimination and Protection of Minorities that an open-ended working group of the Commission meet prior to its fifty-third session to elaborate policy guidelines on structural adjustment programmes, in close cooperation with the Committee on Economic, Social and Cultural Rights; and a note by the Secretary-General drawing the Commission's attention to the annual report of that Committee for 1995.

The Commission had before it the report of the Secretary-General on the status of the International Covenants on Human Rights, including annexes I and II, which contained lists of States parties to the Covenants and Optional Protocols, the dates of their ratifications, accessions or successions, as well as the dates of entry into force of those instruments for each State. Also before the Commission under agenda item 13 was a report of the Secretary- General on the succession of States to international human rights treaties, in response to a request from the Secretary-General encouraging States to confirm their obligations under the international human rights treaties to which their predecessors had been a party. The Commission would also consider a note by the Secretary-General relating to a draft optional protocol to the International Covenant on Economic, Social and Cultural Rights.

A report of the Secretary-General on the effective functioning of bodies established pursuant to United Nations human rights instruments, among other things, called upon States parties to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment whose contributions relating to the period 1987-1993 were still outstanding to fulfil their financial obligations. It also invited contributions for the establishment of a database being developed for the Committee on the Rights of the Child by the Centre for Human Rights. The Commission also had before it a report of the High Commissioner for Human Rights containing an inventory of all international human rights standard-setting activities describing those already embarked upon as well as those proposed for the future.

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Statements

MARIA CARRIZOSA (Colombia) said major changes in recent years had changed alliances throughout the world. Stable economic development was required to guarantee all human rights. Within the United Nations, and by mandate of the Commission, a working group had deliberated on that topic. An open debate of divergent and controversial positions had been very important for defining and determining the scope of the right to development. It would be absurd to claim that there had been unanimity of criteria, but the debate had clarified and brought together opposite views beyond what was currently recognized. Each government was duty bound to struggle for the right to development and to ensure that equal priorities were given to political and social goals, as well as economic objectives. The Government of Colombia welcomed the initiative to establish a division within the Centre for Human Rights with special responsibility for promoting and protecting the right to development. It was to be hoped that those who would undertake the work would have cooperation and support from all parts of the world.

EMMANUEL MBA ALLO (Gabon) pointed out that the discussion of the effective enjoyment of economic, social and cultural rights and the right to development came immediately after the launching of the United Nations system- wide special initiative for the development of Africa on 15 March. Social and economic indicators for Africa had shown that, although still ailing, the continent was on the verge of a profound transformation. Still, he urged rich countries to reduce the debts of the poor countries of Africa. The debt burden had hampered the effective enjoyment of economic, social and cultural rights by many developing countries.

GUMELIO CABALLERO (Cuba) said the United States Government had adopted the "Helms-Burton" law, which had the objective of effecting political, social and economic changes Washington considered suitable for the Cuban people, in open defiance of the international community. The law impeded the free development of Cuba by creating obstacles to its trade with other countries. It was redundant to say that such measures were designed to hinder the development of the Cuban people. That was, in essence, a policy of genocide, seeking to kill through hunger and disease a whole people. Furthermore, the extraterritorial character of the recently approved legislation affected practically the whole of the international community. The United States had adopted a policy of strangulation of Cuba's economy and social life, in spite of four successive General Assembly resolutions calling for an end to the blockade of the island. The Commission should express its condemnation of coercive measures which affected the realization of the right to development.

ARSENE K. CAPO-CHICHI (Benin) said the Commission had tried to provide for the world a more human face, a framework for life that was acceptable to all. Yet, without economic progress, it was hard to safeguard or promote human rights. Since an era of democratic renewal had begun in Benin in 1990,

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respect for human rights had been woven into the fabric of his country, and advances had been made every day in the social and political systems as they related to human rights. However, challenges in the economic sphere were more difficult to meet, due to a shortage of resources. Benin had embarked on a structural adjustment programme, yet, was trying none the less to meet citizens' needs for food, health care, education, and employment. The Commission should look for more ways and means to push back poverty to create a better environment for democracy.

MOUNIR ZAHRAN (Egypt) said the Declaration on the Right to Development expressed the desire to modernize the notion of development. Through the right to development, all human beings were able to participate in the realization of economic, social and cultural development which ensured the implementation of all other human rights. The implementation of the right to development was the responsibility of the international community and that of national governments. However, the sacrifices and the policies demanded by international financial institutions had hampered the effective implementation of the right to development. The external debt burden had been felt heavily by the developing countries. Moreover, any violent measures, including terrorism, could impede the effective implementation of the right to development.

SIGRID HIGGINS, of the International Commission of Jurists, said her organization accorded a high priority to the strengthening of the implementation of economic, social and cultural rights. It had not downgraded civil and political rights, but had merely appealed to judges and lawyers everywhere to give equal attention and urgent consideration to the legitimate role of the law in the realization of economic, social and cultural rights. To the ordinary citizen, the most urgent human rights were often those concerned with adequate housing, food, education, gainful employment and a preservation of their environment. Her organization supported the Bangalore Plan of Action, which urged the immediate adoption of an optional protocol to the International Covenant on Economic, Social and Cultural Rights to give individuals and non-governmental organizations a mechanism for reporting violations of those rights directly to the United Nations. The Plan also called for urgent measures to address factors which militated against the effective realization of those rights -- namely, increased expenditures for weapons, fraudulent enrichment and other corrupt practices, and the low priority accorded to the equality of women.

LUONG THI NGA, of Pax Romana, said Viet Nam had sidestepped its obligations under the International Covenants on human rights in favour of its own programme of "doi moi", or "perestroika". The programme had had negative effects on the respect and promotion of human rights. The 1992 Constitution of Viet Nam had banned all forms of ideology and ways of thinking other than Marxism-Leninism and the thinking of Ho Chi Minh. That move had undermined the freedom of conscience, religion and even of association. It had further

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hampered the speeding up of the democratic right of the people. Those citizens who were not members of the Communist Party were indirectly denied access to public affairs of the country.

LUISA LOPEZ, of the Commission for the Defence of Human Rights in Central America, said that despite the emphasis placed on economic, social and cultural rights by the United Nations, conflicts had hampered their achievement in Central America. Central American governments had been obliged to apply policies of structural adjustment as a result of pressures from the International Monetary Fund (IMF) and the World Bank. Those policies had devastating effects, including increased taxation of the middle classes, which placed the responsibility for maintaining the State on the most disadvantaged. Hence, the IMF and the World Bank -- both institutions established by the United Nations -- had been instrumental in denying economic, social and cultural rights.

CYNTHIA NEURY, of Centre Europe - Tiers Monde, said economic, social, and cultural rights should receive greater and more specific attention from the Commission's special rapporteurs. The spiralling indebtedness of the countries of the South was having a grave impact on human rights. Forgiveness of some of the debt, or the easing of terms, was critical. Perhaps there should be a tax on international foreign exchange transactions, which would produce considerable income, with the proceeds to go towards easing debt burdens. Her organization encouraged States to honour the commitments they had made to economic rights at the Copenhagen Social Summit in 1995.

ALEJANDRO TEITELBAUM, of the Association of American Jurists, said the unjust international order owed its existence to those who controlled the fundamental economic, financial and technological institutions in the world. They were, in turn, backed up by international institutions, such as those set up under Bretton Woods. The IMF waited external debt to be maintained because it constituted the means of exploiting the resources of developing countries, as well as the weapon to promote globalization of the economy by transnational capital. As a way of explaining the supposed inevitability of neoliberal policies of adjustment, it was held that the imbalance was due to external factors and to the irrational policies of developing countries. Until when would the peoples of the world continue to bear without rebelling poverty, exclusion and oppression? It was time to seriously consider the question of the right to development. The recommendations of the Working Group was a step in the right direction.

ISABELLE BRACHET, of the International Federation Terre des Hommes, said poverty was the scourge of the earth. Every year, 12.2 million children under the age of five died from diseases that could be prevented with the expenditure of a few dollars. In the United States in 1992, the infant mortality rate of black children was twice that of white children. Out of a world population of 5.7 billion, 1.5 billion -- mostly women -- were

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desperately poor. Indigenous populations, the elderly, migrants and the unemployed were also most threatened by poverty. Terre des Hommes had participated in a number of initiatives throughout the world based on partnerships between local organizations and the populations they served, an approach which was gaining ground. Projects in northeastern Brazil, the Philippines, Viet Nam and Bolivia had achieved very positive results.

ASHOK BHAN, of the International Institute for Peace, said all citizens, without discrimination, had to be provided the opportunity to benefit from development. The right to development conferred on every human the chance for a better life. Economic development was not separable from or inferior to other human rights. He came from India, a peace-loving country. However, what development could be achieved there, when lives were at the mercy of terrorists, whether in large cities such as Bangalore or in the beautiful mountain valley of Kashmir? The role that Pakistan had played in disfiguring Kashmir must be stopped, and the Commission must condemn such behaviour.

JAMES DILLOWAY, of the International Humanist and Ethical Union, said his organization was alarmed at the deteriorating social environments, which were becoming serious factors in mental and physical ill-health. Mental illness, violent crime, prison suicides and total indictable offenses had all tended to rise at average annual rates two to four times that of economic growth. Since 1990, new threats to economic and social rights had mushroomed in the supposedly developed world and spread like a pandemic to developing States. One such threat came in the form of privatization.

S.K. SONI, of the Himalayan Research and Cultural Foundation, said, despite the fact that the world community continued its debate on the question of the realization of the right to development, and even though the Commission had underlined the human person as "the central subject of development", no satisfactory mechanism had yet been established to give meaningful results in the protection and promotion of human rights of the person.

He said the transfer between countries of populations in search of better living standards and improved opportunities for survival caused tension. A global strategy was urgently required aimed at educating people and governments to eschew policies and actions that destabilised their neighbours and discriminated between segments of their populations. It was time for the world community to address the question of conflict arising from unstructured violence, terrorism and the resultant destruction of the social and economic fabric of societies. If the right to development was to be realized, it must be preceded by the right to peace.

ALESSANDRA AULA, of Pax Christi International, said the poorest 10 countries were only receiving one third of world-wide aid to development. Most of the United States aid for development was allocated to underdeveloped countries with a relatively high income per capita rather than to those with

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the lowest rates of income. The Commission was urged to call for a total ban on production, marketing, and use of anti-personnel land-mines and laser- weapon arms. The Commission should also resolve to strengthen United Nations Development Programme (UNDP) participation in designing sustainable development strategies; recommend the granting of official aid to the least developed countries according to UNDP and the United Nations Conference on Trade and Development (UNCTAD) criteria; harmonize international rules to stress the control of granting credits to countries which persistently and clearly violated human rights; and firmly ban any commercial relationship implying weapons and any kind of arms being financed as official aid for development.

Right of Reply

FERNANDO APPARICIO (Brazil) said he wished to make a clarification on a statement made by the Africa Association of Education for Development made last Friday which referred to the alleged practice of politically encouraged sterilization of black women in Brazil. The statement lent itself to ambiguous interpretation as it could be construed as meaning some kind of deliberate governmental action that was totally unwarranted. For different reasons, sterilization had been utilized by Brazilian women of all social classes and colours on a voluntary basis. The Brazilian Government had been undertaking sterilization to ensure that contraception was available to women without distinction as to race, colour or social status. Moreover, the Federal Government had forbidden employers to require certification attesting to the sterilization of female workers.

CRAIG KUEHL (United States) said a delegation had called an act of the United States Congress "genocidal". Use of that term was inflammatory, cheapened the word, and insulted the true victims of genocide in the world. The congressional act in question was not genocidal, but aimed at establishing democratic reforms.

LE LUONG MINH (Viet Nam) said the statement by Pax Romana was distorting the reconstruction efforts in his country. Such distortions were echoed by a handful of overseas Vietnamese who had served the former Saigon regime.

Mr. CABALLERO (Cuba) said the use of the term "genocide" in reference to the economic blockade imposed by the United States upon Cuba was accurate. If it were not for the efforts made by the Cuban Government to share throughout the population the great sacrifices inflicted by the blockade, the United States policy would have been of a genocidal nature and would have caused the starvation of Cuban children.

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