UNITED STATES PERMANENT REPRESENTATIVE TO UNITED NATIONS ADDRESSES COMMISSION ON HUMAN RIGHTS
Press Release
HR/CN/831
UNITED STATES PERMANENT REPRESENTATIVE TO UNITED NATIONS ADDRESSES COMMISSION ON HUMAN RIGHTS
19980327 Debate Continues on Realization of Economic, Social and Cultural Rights, Right to Development(Reissued as received.)
GENEVA, 25 March (UN Information Service) -- The Permanent Representative of the United States to the United Nations told the Commission on Human Rights this afternoon that China's announced intention to accede to the International Covenant on Civil and Political Rights committed the country to ending some of its serious human rights violations.
Ambassador Bill Richardson said the United States welcomed the announcement that China would sign the Covenant, as there remained in that country over 2,000 people imprisoned for "counter-revolutionary offenses". He added that thousands were detained without trial for up to three years in "reeducation though labour camps", and that ethnic Tibetans lived under social and political controls threatening Tibet's unique cultural, religious and linguistic heritage.
Mr. Richardson also criticized Iraq and Cuba for their records and said the paramount need regarding Algeria was for a credible, independent verification of the facts surrounding the killings there. Regarding Kosovo, he said Serbian police had committed summary executions in recent weeks.
Reacting to Mr. Richardson's statement, the representative of Iraq said the embargo imposed by the United States on Iraq had caused millions of deaths over the last eight years. That was an example of American hegemony -- the country sought to oppress all those who wanted independence, he said, adding that the policy of the United States was based on double standards. Cuba also replied to Mr. Richardson's statement.
Also this afternoon, the Commission continued to consider the realization of economic, social and cultural rights. During the debate, a number of developing countries urged international assistance to help non-industrialized countries realize their right to development, especially
during the current process of globalization. According to the representative of Indonesia, under the prevailing system, developing countries continued to face difficulties in participating in the globalization process, and many ran the risk of being marginalized and effectively excluded from harvesting the expected benefits.
Other delegations pointed to problems like foreign debt, worsening terms of trade and inequality in international economic relations as further obstacles to the implementation of the right to development.
Participating in the general discussion were representatives of Indonesia, El Salvador, Russian Federation, Senegal, South Africa, Bangladesh, Guatemala, Pakistan, Japan, Madagascar, United Arab Emirates, Norway, Ethiopia, Nigeria, Switzerland, Finland and Côte d'Ivoire. A representative of the United Nations Centre for Human Settlements (Habitat) also delivered a statement, as did representatives of the International Federation of Red Cross and Red Crescent Societies, the International Federation of Social Workers, the International Institute for Non-aligned Studies and the International Organization for the Freedom of Education.
India and Indonesia spoke in exercise of their right of reply.
Statement by United States Permanent Representative
BILL RICHARDSON, Permanent Representative of the United States to the United Nations, said that 50 years ago, at the conclusion of a world war that had brought humankind to face its own capacity for evil, the Commission had gathered to enshrine the birthright of each person into a common, global standard accepted by all nations -- the Universal Declaration of Human Rights.
Yet today, deplorable abuses continued in many countries and tremendous human rights challenges remained, he went on. In the former Yugoslavia, where communist authorities once exerted tight controls over the civil and political affairs of their people, the international community now confronted abuses in the context of ethnic and civil conflict. Since the signing of the Dayton Peace Accords, a fragile peace had slowly begun to take hold in Bosnia and Herzegovina, and the human rights violations of the past were giving way to a new spirit of reconciliation and the prospect of a more peaceful and stable future. Nevertheless, the fragile progress stood in contrast to the situation in Kosovo, where in recent weeks the conscience of the world had been outraged by reports of summary executions by Serbian police.
Concerning Africa, Mr. Richardson said his country had strongly supported the efforts of United Nations monitors in Central Africa, and had continued to urge the Government of the Democratic Republic of the Congo to permit the United Nations Secretary-General's Investigative Team to perform its mission. Regarding the situation in Algeria, the United States had been
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outraged by the massacres of innocent civilians over the past year there. So-called Islamic terrorists were murdering thousands of innocent people. There were many allegations inside Algeria about the killings; the paramount need was for a credible, independent verification of the facts.
Mr. Richardson welcomed the announcement by China of its intention a to accede to the International Covenant on Civil and Political Rights, saying it committed that country to ending some of its serious human rights violations. The Covenant China was preparing to sign provided that all its citizens should have freedom of expression, and it prohibited arbitrary arrest or detention, torture or cruel and degrading punishment, and arbitrary interference with family, home or correspondence. Although those rights were fundamental elements, they were still repeatedly violated throughout China. Citizens who publicly criticized the Government, ruling party, or the leadership were subject to harassment, arrest and imprisonment. There remained in China over 2,000 people imprisoned for "counter-revolutionary offences"; thousands were detained without trial for up to three years in "reeducation though labour camps"; and ethnic Tibetans lived under social and political controls threatening Tibet's unique cultural, religious and linguistic heritage.
Beyond the human rights challenges, Mr. Richardson continued, the international community was increasingly aware of the connection between repression at home and illegality abroad. There was perhaps no better example than the case of Iraq, where Saddam Hussein had ruthlessly repressed all challenges to his regime, real or imagined. Meanwhile, Cuba was perhaps the most visible example of a recalcitrant Governments that had resisted change.
Statements in Debate
SAODAH SYAHRUDDIN (Indonesia) said today's world was characterized by globalization, a process with numerous ramifications that influenced every society. However, under the prevailing system, developing countries continued to face difficulties in participating in the globalization process, and many ran the risk of being marginalized and effectively excluded from harvesting the expected benefits. Consequently, the gap between developed and developing countries remained unacceptably wide. The developing countries continued to suffer various serious debt crises, worsening terms of trade and inequality in international economic relations, unemployment and the spread of poverty. The circumstances had caused serious disruptions, political instabilities, tensions and frustrations which had hampered the efforts by developing countries to bring about economic recovery. It had also affected their obligations to provide a favourable economic, social and cultural and political environment for the full enjoyment of human rights by all their citizens. If the resent trend continued, the economic disparities between the industrialized and the developing nations would move from inequality to inhumanity.
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VICTOR MANUEL LAGOS PIZZATI (El Salvador) said the fiftieth anniversary of the Universal Declaration of Human Rights would have a special significance if priority was given to the right to development. Political will was needed to make a genuine step forward for human rights and fundamental freedoms which were universal and indivisible. El Salvador for its part had set up a social programme so that the right to development -- the right of the individual to have the necessary tools to achieve development -- of vulnerable groups was safeguarded. But there was also a need for developing countries to work competitively in the globalization process and compete in international markets. Financial institutions, too, had an important role in the economy, and they had to participate in the effort for integral development.
BORIS KRYLOV (Russian Federation) said it was hard to imagine economic growth in conditions of political repression, and hard as well to imagine improvement of human rights in situations of grinding poverty. Such conditions in fact quite often led to social upheaval, and the international community would do well to consider the connection. The international financial bodies should take a more active part in development and support of social programmes; an example was a programme for sustainable development of banking for the poor, and the delegation hoped the High Commissioner would call upon the World Bank and other institutions for similar projects in future. Detailed study and further refinement of the draft optional protocol to the International Covenant on Economic, Social, and Cultural Rights would be another way to make progress. Russia also felt that systems of economic sanctions should not be imposed without norms, and that such norms should include standards for limiting the suffering of the poor and vulnerable. Russia also urged the ending of practices whereby people on the basis of ethnicity were denied human rights.
SAIDOU NOUROU BA (Senegal) said the urgent need for, and aspiration to, the well-being and full development of people was an important facet of the indivisibility of human rights and human dignity. However, the problem of the implementation of the right to development remained unsolved, partly because no right could be applied if its meaning and concept were not known and recognized. Senegal realized increasingly that development, human rights, international trade and the environment were inseparable issues. Therefore, in addition to the Commission, the various treaty bodies and specialized agencies should be involved to make their contributions to the implementation of the right to development. The right to development concerned all aspects of international economic relations, such as foreign debt, access to capital and economic integration. A genuine partnership for development based on a permanent, frank and constructive dialogue between all actors should be encouraged. The world had to act quickly to implement this fundamental right so that every individual could be free from poverty and misery. This was the only way to achieve international peace and security.
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THEMBA KUBHEKA (South Africa) said it was a matter of concern that the volume of transboundary movement of toxic waste had not diminished, especially from the developed to the developing countries. It was for this reason that South Africa had become a party to the Basel Convention in 1994; novel and devious means of circumventing international measures were constantly being devised. South Africa had not escaped this problem -- in two cases in the 1990s, importation of mercury and arsenite substances had occurred. South Africa realized it had to synchronize its policies with regional and international initiatives, and welcomed the proposed creation of regional databases on traffic in hazardous waste; it also had hosted a meeting in cooperation with the World Health Organization on health and environment, and had participated in a conference of parties to the Basel Convention in Malaysia. All Governments should cooperate closely with the relevant Special Rapporteur.
IFTEKHAR AHMED CHOWDHURY (Bangladesh) said despite the fact that nations and peoples had striven through progressive measures to establish the universal recognition of the Universal Declaration of Human Rights, major elements of the text relating to economic, social and cultural rights had unfortunately remained in the blind spot of the international human rights agenda. The international community had made significant progress in striving for freedom from fear, but not so much had been achieved for freedom from want. At the country level, the institution of the State engendered a political structure and a machinery of governance that provided a very plausible context for the protection of civil and political rights. The obligation of the State was to ensure that such rights of individuals or groups were not violated. Economic, social and cultural rights did not fall strictly into that structure. In general, development-related issues needed to be addressed though both national and international commitment, as well as through the identification of the obstacles to development and the adoption of appropriate remedial measures.
LUIS ALBERTO PADILLA (Guatemala) said the right to development was one of the most important issues before the Commission. Guatemala noted the importance of putting into effect proposals of the report of the intergovernmental group of experts under the chairmanship of Antonio Garcia Revilla (document E/CN.4/1998/29). For example, there was a need to include general indications on observing civil, political, economic, social and cultural rights in all work. The United Nations Development Programme should also incorporate these rights in its projects. Guatemala hoped the Commission on Human Rights would suggest to treaty bodies that they should exchange views and conduct dialogue with Governments which would result, among other things, in an increase of technical assistance to those Governments. Moreover, the High Commissioner for Human Rights should continue her dialogue with the World Bank and other financial institutions so that the right to sustainable human development was incorporated in their projects. With regard to strategy elements to be implemented by States, Guatemala accepted that
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treaty laws took precedence over national laws. Guatemala also agreed to the establishment of a follow-up mechanism to ensure the implementation of the right to development in the form of a working group.
MUNIR AKRAM (Pakistan) said poverty was widening and deepening, and poverty was the biggest violator of human rights. The discourse on the right to development was being steered into non-productive avenues; the current non-issue was the balance between actions required at national and international levels; some still insisted that the focus should be on monitoring national policies, which was somewhat surprising; in fact greater attention needed to be given to international factors affecting development. The Commission should monitor implementation of developmental commitments at the international level, such as the 0.7 per cent target for overseas development assistance, transfer of technology, and financial and technical assistance; should examine the equitability of the international trade regime; should review decision-making and working methods of international financial and development institutions to ensure enhanced representativeness and accountability of these institutions; should establish dialogue between key actors in international development; and should monitor the role of the United Nations in development, to arrest the tendency of some members to pursue policies that undermined the ability of the United Nations to play its mandated central role in economic policy making and promotion of global development.
YOSHIKI MINE (Japan) said his country believed the right to development should be promoted and protected in a balanced manner with other fundamental human rights. The equal importance of political rights and economic rights could not be overstated. Development was a natural goal of all nations; development should be conducive to the realization of human rights and it should never be suppressed by reason of economic development. Development and human rights should be promoted in tandem. Issues like the right to development should be further studied in a joint manner by the North and the South. Through such a process, all human rights would be realized in an effective and practical manner.
ZAFERA MAXIME (Madagascar) said a majority of the speakers addressing the Commission felt that all human rights contained in the Universal Declaration for Human Rights had not received equal treatment. Civil and political rights had been given precedence over economic, social and cultural rights. For Madagascar, the latter were indivisible from the former and should be dealt with on an equal footing. Madagascar could not consider the implementation of civil and political rights as a pre-requisite to economic, social and cultural rights and the right to development. In the debate on those rights, there had been more concern about the exact definition of the right to development, its theoretical and technical aspects, while millions lived in absolute poverty. There was a need for effective development programmes whose implementation was free of any obstacles which might hinder
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good governance. Some of these obstacles could be political, such as the denial of self-determination or absence of democracy. They could also be economic, like foreign control over natural resources, unequal capital flows and environmental degradation. Other obstacles included the negative impact of economic embargoes on human rights, the burden of external debt and natural disasters.
NASSER AL-ABOODI (United Arab Emirates) said the country had formulated the legal foundation for the right to development within its Constitution; development was not sustainable without taking into consideration environmental criteria, however. His country had thus made protection of the environment one of its principal objectives. Many efforts had been made to this end, and environmental matters were not forgotten in the push for development; agricultural progress was tied to environmental health, and steps were made to protect seawater in keeping with international standards. Illicit transfer of hazardous waste was to be avoided, and the country had ratified the Basel Convention; it was important to further develop regional and international cooperation in the field; all countries must work together in a spirit of collective responsibility.
PETTER F. WILLE (Norway) said the international community should now pay particular attention to seeking ways of implementing economic, social and cultural rights more effectively. There was no wish on Norway's part to detract from the civil and political issues -- indeed it was acutely aware of the reinforcing effect the proper exercise of those rights had on social and economic development. Moreover, reducing poverty and meeting the fundamental needs of individuals were important means of promoting human rights. Norwegian development cooperation and support for humanitarian organizations were part of those efforts. They advanced measures that would help countries realize the right to development of their citizens. Norway believed that the appointment of a special rapporteur on the right to education could be an important addition to the existing mandate of the Commission.
MATHIAS HUNDSALZ, of the United Nations Centre for Human Settlements, said he wished to bring to the attention of the Commission the issue of housing as a human right. That was an issue of central importance to millions of people around the world who remained without a decent place to live in urban and rural settlements, people who were destitute and homeless and had great difficulty enjoying their human right to an adequate standard of housing. The Habitat II Conference reconfirmed the legal status of the human right to adequate housing and stressed that this right be progressively but fully realized. It also reconfirmed the obligation of Governments in this process to enable people to obtain shelter and to protect and improve dwellings. The consensus on that subject exemplified the expression of political will of the international community to take up the challenges of homelessness and poor and inhuman shelter conditions. As was the case with many issues under the right to development, the realization of the right to
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housing required a combination of measures on policy, legislation and concrete projects which should enable Governments, their partners in civil society, and affected people themselves, to improve housing conditions.
MINELUK ALEMU GETAHUN (Ethiopia) said the emphasis on the right to development was an obvious reaction to the unjust situation of the present, where one billion people lived in unprecedented luxury while at the same time one billion lived in destitution and subhuman conditions. It should be understood that the right to development was not intended to favour one set of rights over another but to ensure respect for the right to life in decency and dignity for all human beings. Ethiopia viewed development as of vital importance and saw it as both the primary responsibility of States and as a role and duty for the international community, which must create an international economic and political environment conducive to development. Ethiopia approved of the proposals to establish a transparent and action-oriented policy dialogue on the subject and to create a mechanism for follow-up.
CHRIS AKPORODE OSAH (Nigeria) said that as poverty constituted the greatest violator of human rights, the international community had the responsibility to facilitate the attainment of sustainable economic growth and development in the developing countries. To the peoples of those countries, civil and political rights would sound hollow and esoteric in the midst of squalor, ignorance and disease. The international community should collectively, and in an integrated manner, address all rights, so that people in those countries could be free from want and be able to live in dignity. Instead, one saw in developing countries creeping, external debt overhang; the ever-expanding elements of conditionality, which were expertly coordinated by the multilateral development institutions; structural adjustment programmes without a human face, and unilateral coercive measures.
CHRISTOPHE PAPPA (Switzerland) said the right to development was a barometer for all other human rights, as the United Nations Secretary-General had said. Democracy, development and respect for human rights were interdependent and mutually enhancing. Still, there was a need to strive for the clarification of controversial points in defining the term "right to development". The implementation of that right had many aspects and required a balanced approach. Including the right to development in national and international policies was one way to ensure that it got the significance it deserved. Switzerland favoured continued work on the right to development in bodies which dealt with human rights issues and called for added efforts to ensure the right was better addressed.
RISTO VECTHEIM (Finland) said that following Constitutional reform in Finland three years ago, protection of fundamental rights had been enhanced by specifying the relevant provisions and broadening their scope; an important step was the inclusion into the Constitution of several economic and social
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rights; the general aim of the reform was to increase the direct applicability of such rights in courts and other authorities and by formulating the provisions in greater detail. One Constitutional provision stipulated that those unable to procure the security required for a dignified life should have the right to necessary subsistence and care -- for example, food, clothing, and shelter belonged to such minimum security. The recent experience of Finland in these matters implied that economic, social, and cultural rights could be given adequate legal formulation in internal legislation and vulnerable individuals hence could be better protected.
RASHIM AHLUWALIA, of the International Federation of Red Cross and Red Crescent Societies, said the Federation was among the largest end-point deliverer of humanitarian food assistance, including emergency food aid. In its relief and development activities, the Federation was involved in longer-term nutrition education, as well as assisting those affected in coping with the results of inadequate diets. The Federation considered it important to involve the recipients of assistance -- whether in the form of food or otherwise -- in all stages of design planning and implementation of activities. That perspective was reflected its Code of Conduct and in the current work in following up the development standards for what beneficiaries could expect through the Sphere project, which attempted to develop minimum standards for humanitarian assistance and delivery. It represented an important step in the direction of seeing the quality of humanitarian assistance being provided as an extension of people's rights, and not an act of charity.
CLAUDE BOUAH-KAMON (Côte d'Ivoire) said his country attached great importance to humanitarian values and had ratified many international human rights instruments. It believed the well-being of the population could only be reached with effective implementation of the right to development. The country admitted its prime responsibility for its development, but also appealed for necessary international cooperation to deal with the effects of globalization. That would involve the removal of obstacles, which in the case of his country included the problem of falling commodity prices, the deterioration of the terms of trade, lack of access to foreign markets, the decreasing volume of foreign assistance and the foreign debt.
ELLEN MOURAVIEFF-APOSTOL, of the International Federation of Social Workers, said some 25 per cent of the population in the developing world lived in extreme poverty. The Federation asked the Commission to exercise its moral and political authority to step up efforts towards realization of economic and social rights by calling on Member States of the United Nations to set quantifiable goals in the areas of health, education, employment, social security, and social services; to live up to their commitments at the 1993 World Conference on Human Rights and the 1996 World Summit for Social Development; and to encourage within their countries and in their relations with other countries a culture of peace and of non-violent conflict
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resolution. The organization further asked the Commission to keep itself fully informed on progress achieved during the Decade for the Eradication of Poverty, to denounce any lack of progress, and to show the world the importance it attached to the realization of economic, social, and cultural rights.
HAVRISH GUPTA, of the International Institute for Non-Aligned Studies, said that wherever armed conflict occurred, be it Bosnia or Afghanistan or any nation in Africa, the net result was that decades of social and economic progress were wiped out. Scarce and expensive resources had to be diverted form productive avenues to destructive ones. Poverty alleviation required the development of human resources also; the creation of enlightened human beings was essential for economic development. Without that input, no amount of physical resources could generate prosperity. The human mind had to be made receptive to new ideas and able to cope with new scientific and technological advances. But unfortunately, what one was witnessing was that many of the armed groups operating today were opposed to modernity.
NIELS BOHR, of the International Organization for the Development of Freedom of Education, said the fiftieth anniversary of the Universal Declaration on Human Rights did not signal a complete victory for the fight against destitution. Economic, social and cultural rights were still seen as poor relations to other human rights. To mark the anniversary, the Commission ought to submit the draft optional protocol to the International Covenant on Economic, Social and Cultural Rights -- allowing individuals to complain when they suffered violations of those rights -- to the Committee on Economic, Social and Cultural Rights. That would be progress and would demonstrate a real will to consider all human rights as interdependent.
Right of Reply
AMANDEEP GILL (India) said the statement made by the Secretary-General of the Organization of the Islamic Conference (OIC) had contained unwarranted references to a part of India; there were many Muslims in India, and they played a vital and equal role in national life. India also maintained excellent relations with many OIC countries. India regretted that the OIC official had said misleading things about the situation in India and had expressed opinions that did not reflect the opinions of the majority of OIC States.
CARLOS AMAT FORES (Cuba) said a so-called "good country" had attacked "bad countries". Cuba was called recalcitrant by the United States representative because it did not change. From what to what should we change? Of course, when the United States attempted to frustrate Cuba's efforts, Cuba resisted.
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MOHAMMED A. HUSSEIN (Iraq) said the United States representative had referred to the human rights situation in the world. The United States had imposed an embargo on Iraq for the last eight years that had caused millions of deaths. This was an example of United States hegemony -- the country sought to oppress all those who wanted independence. The policy of the United States was based on double standards. The country also used the United Nations to have resolutions designed for its own interest adopted. It sought to destroy peace and kill people. Iraq hoped that the United States would show at least some respect for the wishes of the international community and the statements by delegations and non-governmental organizations with regard to the suffering of people through embargoes.
PRIMANTO HENDRASMORO (Indonesia) said the Foreign Minister of Portugal had misrepresented the situation in East Timor. Although Portugal claimed to be interested in the situation in East Timor, what had it done to improve the situation since it had left the area years ago, after centuries of damage inflicted there when Portugal was a colonial Power? Meanwhile, Indonesia had done much to improve the lot of East Timorese. The Indonesian commitment to improve the situation of human rights in East Timor was strong -- certainly stronger than anyone else's claim to the same ambition. Progress was being made, although sometimes good results were not visible overnight. Indonesia continued to cooperate with United Nations special rapporteurs; it could not release political prisoners in East Timor because there were no political prisoners in East Timor.
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