HUMAN RIGHTS COMMISSION ADDRESSED BY OFFICE FOR SECURITY AND COOPERATION IN EUROPE, BRAZIL

HUMAN RIGHTS COMMISSION ADDRESSED BY OFFICE FOR SECURITY

AND COOPERATION IN EUROPE, BRAZIL

Also Concludes Debate on Economic, Social, Cultural Rights

GENEVA, 31 March (UN Information Service) -- The Commission on Human Rights this morning was addressed by the Director of the Office for Democratic Institutions and Human Rights of the Office for Security and Cooperation in Europe and by the Cabinet Minister for Human Rights of Brazil.

Christian Strohal of the Office for Security and Cooperation in Europe (OSCE) praised the Commission’s close dialogue with representatives of civil society, adding that one of the most effective ways of preventing torture and ill-treatment was through independent visits by civil society representatives to places of detention.  Civil society monitoring also played an important part in the democratic process by demanding accountability and transparency from State institutions.

Nilmario Miranda, the Cabinet Minister for Human Rights of Brazil, said that the promotion of human rights was now the State policy of Brazil.  In a transparent and objective manner, the Government dealt with issues and problems concerning human rights.  It had displayed its willingness to cooperate with human rights mechanisms of the United Nations.  The promotion and protection of economic, social and cultural rights were also given priority. 

Also this morning, the Commission concluded its general debate on economic, social and cultural rights, hearing from dozens of non-governmental organizations (NGOs).  Speakers raised a variety of issues including the importance of States providing children with access to education, especially the girl child; the harmful effect of globalization on the enjoyment of economic, social and cultural rights in developing countries; the right to food, including famine and the dangers of genetically modified crops; difficulties indigenous peoples around the world had in ensuring their economic, social and cultural rights; as well as addressing violations in specific country situations.

Several NGOs said there should be a complaints mechanism for the International Covenant on Economic, Social and Cultural Rights, adding their support for the elaboration of an optional protocol to the Covenant to allow a complaints mechanism and other ways of making such rights justiciable and to allow for their enhancement.

Representatives from the following non-governmental organizations took the floor: Colombian Commission of Jurists; Women’s International Democratic Federation; All for Reparations and Emancipation; Andean Commission of Jurists; Liberation; International Educational Development; Himalayan Research and Cultural Foundation; Centre on Housing Rights and Evictions; Voluntary Action Network India; International Organization for the Development of Freedom of Education; International Institute for Peace; International NGO Forum on Indonesia Development (speaking on behalf of Netherlands Organization for International Development Cooperation); United Nations Association of China; China Society for Human Rights Studies; MADRE; Centro de Estudios Sobre la Juventud; World Federation of Democratic Youth; International Indian Treaty Council; International Confederation of Free Trade Unions; Organization for the Solidarity of the Peoples of Asia, Africa and Latin America; Interfaith International; Federation of Cuban Women; International League for the Rights and Liberation of Peoples; Christian Democratic International; Movement against Racism and for Friendship among Peoples; Nippon Foundation; International Federation Terre des Hommes; Liberal International; Afro-Asian Peoples Solidarity Organization; Human Rights Council of Australia; European Union of Public Relations; International Movement ATD Fourth World; International Islamic Federation of Student Organizations; Asian Forum for Human Rights and Development; Foundation for Aboriginal and Islander Research Action; German Foundation for World Population; Pax Romana; Habitat International Coalition; Japanese Workers Committee for Human Rights; International Human Rights Association of American Minorities; World Confederation of Labour; Indigenous World Association; Indian Movement “Tupaj Amaru”; World Muslim Congress; International Women's Rights Action Watch; Caritas Internationalis - International Confederation of Catholic Charities;Association tunisienne pour l'auto-développement et la solidarité; and Asia Pacific Forum on Women, Law and Development.

Honduras, Congo and Malaysia exercised their right of reply.

The Commission concluded its 9 a.m. to noon morning meeting, and immediately resumed its work in a midday meeting which will last until 3 p.m.  during which it will start its debate on civil and political rights.  The Commission will meet behind closed doors from 3 p.m. until 6 p.m.

Statements from Podium

CHRISTIAN STROHAL, Director of the Office for Democratic Institutions and Human Rights of the Office for Security and Cooperation in Europe (OSCE), said there were at least two factors which made the Commission unique: its monitoring of international obligations by States and its close dialogue with representatives of civil society.  The OSCE had been seeking to increase and enhance cooperation and complementarity between the activities of the OSCE and the Office of the High Commissioner for Human Rights.  It was widely acknowledged that one of the most effective ways of preventing torture and ill treatment was through independent visits by civil society representatives to places of detention, and civil society monitoring also played an important part in the democratic process by demanding accountability and transparency from State institutions. 

Unfortunately, torture remained a serious concern in a number of OSCE States.  The prohibition of the use of evidence obtained by torture was relevant to other topics considered by the Commission, namely the administration of justice and the right to a fair trial, which made up a set of distinct yet interrelated rights and were enshrined in numerous international and regional human rights instruments. 

The importance of compliance with the rule of law in relation to counter-terrorism had been referred to by a number of distinguished delegates during this session of the Commission.  The fight against terrorism was a global priority, and the OSCE was continuing to implement its mandate in the area of counter-terrorism and human rights.  There was no sustainable security without strong democratic institutions, the rule of law and effective promotion of human rights.  Promotion of human rights in the context of activities related to preventing terrorism included a mandate to address the human rights effects of measures to prevent terrorism.

Racism, xenophobia, anti-Semitism, and discrimination were problems that continued to manifest themselves throughout the OSCE region and beyond, Mr. Strohal said.  These phenomena were at the root of human rights abuses, from insidious incidences of everyday discrimination to large-scale acts of barbarism.  The principles of tolerance and non-discrimination lay at the very heart of the human rights system.  They were also integral to the OSCE’s human-centred approach to achieving regional security.

NILMARIO MIRANDA, Cabinet Minister for Human Rights of Brazil, affirmed his country's commitment to the promotion and protection of human rights.    The promotion of human rights was now the State policy of Brazil.  In a transparent and objective manner, the Government dealt with issues and problems concerning human rights.  It had displayed its willingness to cooperate with international human rights mechanisms of the United Nations.  Within the context of the Latin American countries, Brazil was now consolidating democracy and distancing itself from the past military regimes.  The Federal Constitution of 1988 -- the "Citizens' Constitution" -- had turned the capital Brazilia into a capital where laws were formulated and consolidated.  The Constitution had made human rights respect mandatory, and all human rights treaties were recognized.  The universality and indivisibility of human rights, as confirmed in Vienna, were reflected in the Constitution. 

The promotion and protection of economic, social and cultural rights were also given priority.  In 1992, Brazil had signed and ratified the International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights.  It also recognized the role of the Organization of American States in the promotion and protection of human rights in accordance with the San José Convention for the inter-American system of human rights.  Brazil was actively participating in the strengthening of the International Criminal Court, which was inaugurated in 2003.  The Court would be significant in strengthening the international humanitarian laws.  The results of the Durban Conference on Racism, Racial Discrimination, Xenophobia and Other Intolerance had been reflected at the local level.  Within the context of that Conference, Brazil would launch on 16 April a National Plan of Action against Homophobia at the national level.

Brazil was among the first countries which had adopted a National Programme of Human Rights according to the recommendations of the Vienna Declaration and Plan of Action.  The National Programme, which was launched in 1996, had strengthened the full participation of civil society.  In 2002, Brazil had launched its second phase of the Programme giving priority to economic, social and cultural rights.  The President of Brazil was also endeavouring to eradicate poverty and famine by launching the "Zero Famine" campaign.

Statements on Economic, Social and Cultural Rights

ANDRES SANCHEZ, of Colombian Commission of Jurists, said there were 120 million school-aged child girls in the world who did not have access to education.   The Commission's Special Rapporteur on the right to education had identified a number of difficulties blocking realization of the right to education in many countries.  During her long period as Special Rapporteur, Katarina Tomasevski had contributed to the conceptualization of the right to education through her research and studies.  She had also identified the obligations incumbent on States.  She had recommended free and universal primary education for all in all countries, without any obstacles to access.

During her visit to Colombia, the Special Rapporteur had stressed the need to investigate and prevent the killing of teachers.  She had also underlined the State's responsibility for defending the rights of trade union leaders and human rights defenders.

SANDRA AGUILLA, of Women’s International Democratic Federation, said the failure of neo-liberalism was today not only obvious but indeed blatantly obvious.  No allusion had been made at the Commission to the collective, systematic and flagrant social exclusion some peoples suffered as a result of globalization.  Millions of human beings were not allowed to enjoy the right to integrate themselves into the lives of their countries, even if their rights were hypothetically recognized before the law.

The Western world should uphold the resolutions that obliged them to cooperate internationally, and should accede to resolutions that would ensure the equal sharing of goods and wealth between rich and poor countries.

ARIF AAJAKIA, of All for Reparations and Emancipation, said the economic, social and cultural rights of the people of Sindh, the southern province of Pakistan, had been persistently violated for decades.  The economic policies of the ruling party had only ever benefited one region – Punjab.  Sindh had faced water crises since the establishment of the PakistaniState, yet Punjab had progressively and illegally increased its share of Indus river water usage since 1889, when the region was still under British administration.

Furthermore, the people of Sindh had unanimously rejected the unjust Kala-bagh Dam project, as it went against their interests.  Sindh should not be forced to subsidize the expenses of other provinces any longer, given Pakistan’s failure to alleviate massive poverty, economic and social inequalities, unemployment and rampant inflation in Sindh province.

CELILIA ANICAMA CAMPOS, of Andean Commission of Jurists, said economic integration was of growing importance in Latin America.  In South America, the main proposal had been the establishment of a Latin American Free Trade Area, with the gradual elimination of barriers to trade and investment.

The Andean Commission of Jurists stressed the relationship between intellectual property rights and the need for States to take them into account when formulating trade agreements.  It was clear that intellectual property had a human function, and was embedded in human rights instruments.  There should be mechanisms giving special treatment to developing countries in the context of intellectual property.  There was no commitment in trade agreements with respect to human rights, and that had a negative effect on the economic sector.

MS. ARIF, of Liberation, said the prevailing conflict situations in Sudan and Kashmir were affecting the economic, social and cultural rights of the people living in those regions.  The Darfur region in western Sudan was the scene of a concerted campaign of destruction of life and property which targeted the indigenous African tribes of the region.  Because of the ongoing fighting, millions of people had been rendered destitute.

Concern also was felt for the erosion of economic rights of the peoples of Kashmir and Gujrat, as well as for the Dalits of India.  Poverty was a violation of all human rights, as it eroded economic, social and cultural rights.  While there was often a tendency to focus on the consequences of poverty, the underlying causes, such as social discrimination and segregation, political exclusion, economic inequities and inadequate development policies, were frequently ignored.

KAREN PARKER, of International Educational Development, drew attention to the report of the Special Rapporteur on the right to food, especially the section concerning microalgae spirulina provision to countries such as Burkina Faso which had high incidences of malnutrition.  International Educational Development also wished to draw attention to Burkina Faso’s need for international assistance in the area of safe water.  The situation of food and water in Iraq was also urgent, and the Special Rapporteur should make a visit there as soon as possible.

Other worrisome trends included the use of uranium depleted weapons in Iraq, which raised the possibility of agricultural contamination, and World Bank and International Monetary Fund preconditions for the privatisation of water services.  Such policies had resulted in a catastrophe in Bolivia, and it was to be wondered what would befall Sri Lanka, Mexico, Morocco, Nepal, Nigeria and Pakistan under similar policies.  On the right to adequate housing, the Special Rapporteur was urged to investigate the circumstances under which 3,500 Kurdish villages had been destroyed in Turkey and to make proposals for the remedy of extreme violations of the right to housing in south Anatolia.

RIYAZ PUNJABI, of Himalayan Research and Cultural Foundation, said that it might be recognized that the Office of the High Commissioner for Human Rights had been taking serious initiatives to devise mechanisms for the comprehensive implementation of the International Covenant on Economic, Social and Cultural Rights.  That was clearly reflected in the convening of a Working Group on the subject.

The Working Group had rightly pointed out that the rights contained in the Covenant were not as clearly defined as those in the International Covenant on Civil and Political Rights.  It was equally correct that a certain vagueness in the legal provisions of the International Covenant on Economic, Social and Cultural Rights had rendered the nature of States parties' obligations hazy.

NATHALIE MIVELAZ, of Centre on Housing Rights and Evictions, said that while positive developments had taken place in the fight to secure the full enjoyment of the human right to adequate housing for everyone, everywhere the housing rights of countless individuals and communities continued to be grossly violated. Work on housing rights and economic, social and cultural rights had highlighted that these violations were justiciable.

The Commission should not remain silent when faced by massive human rights violations such as evictions, and should, through its resolution on adequate housing, condemn this practice and urge States to refrain from conducting forced evictions.  It should urge States to fulfil the right of all to adequate housing and to a safe place to live in security and dignity.

NARENDER KUMAR, of Voluntary Action Network India, said one of the greatest challenges faced today in the context of economic, social and cultural rights was the onslaught of imperialist globalization as expressed in free trade and neo-liberal policies.  The current world trading system was damaging the food security of the poorest and generating greater inequality.  Genetically modified organisms (GMOs) threatened food sovereignty by increasing the drain of genetic resources from the South to the North; increasing the marginalization of small farmers due to intellectual property rights; replacing traditional technology and produce; and creating inherent genetic instability in transgenic lines.

Eight years after their introduction, genetically engineered foods had been rejected by most people worldwide.  Independent evaluations showed there were no socio-economic advantages to genetically modified crops, but instead socio-economic costs in terms of more expensive seeds and the payment of royalty and technology fees.  The right of countries to protect the health of their people and environments by refusing hazardous GMOs deserved support, and given the abundance of alternatives and the risks posed by genetically modified crops, imposing genetically modified food on the world was totally unacceptable.

JEAN DAVID PONCI, of International Organization for the Development of Freedom of Education, said the work carried out by the Working Group on the elaboration of an optional protocol to the International Covenant on Economic, Social and Cultural Rights was significant.  It was indispensable to recognize the justiciability of economic, social and cultural rights, as indicated by the Special Rapporteur on the right to education.

There was no right without any channel for appeal.  Economic, social and cultural rights could not be full rights if they were not justiciable along the lines of civil and political rights.  Education should take into consideration diversity and differences without being a monolithic system which expected all students "to go through the same mill".  Educational systems should be diversified and flexible, respecting the choices of parents about the education they preferred for their children.  Educational systems should also take into consideration cultural differences within societies.

U.S. SHARMA, of International Institute for Peace, said the multicultural rubric of societies worldwide necessitated a value-based comprehensive approach to transforming the mindsets and attitudes of people so that religious and cultural tensions were eased.  Intercultural education should be an essential component of educational objectives and practices and should be explicitly incorporated into educational agendas.

Intercultural education went beyond multicultural education in aiming for tolerance and respect for other cultures.  It should be based upon a long-term community-centred approach.  The State should play an active role in the process, conducting comprehensive profiling from the grassroots to regional, national and international levels to acknowledge cultural practices, values and sensitivities specific to cultural groups, especially tribal, minority and immigrant groups.  Intercultural education would also create avenues for thinking critically about one’s own culture and for valuing its positive aspects.

IKRAVANY HILMAN, of International NGO Forum on Indonesia Development, speaking on behalf of Netherlands Organization for International Development Cooperation, said the fulfilment of economic, social and cultural rights in Indonesia was still far from achieved and violations had not been properly addressed.  This unfavourable situation had been worsened by corruption within the bureaucracy.  The Government had not only neglected people’s rights to adequate housing but also had violated basic rights by approving a number of forced evictions.

Violations of the right to adequate housing, the difficulty of continuing education and other problems were indicators of the Indonesian Government’s indifference to the fulfilment of economic, social and cultural rights.  The Commission should urge the Indonesian Government, among other things, to implement a rights-based education strategy, stop forced evictions in all regions, and improve the quality of life of the poor and marginalized.

ZHANG YUNFEI, of United Nations Association of China, said there had been a strong atmosphere of confrontation during the Commission’s session and the behaviour of the United States delegation had been arrogant, aggressive, offensive and biased.

While taking satisfaction from attacking other countries, especially developing countries, the United States turned a blind eye to its own human rights problems.  The United States Government had refused to ratify the International Covenant on Economic, Social and Cultural Rights; and it was one of only two countries that had not ratified the Convention on the Rights of the Child.  Furthermore, the disparity between rich and poor continued to widen in the United States, ever more people suffered from hunger, homeless people could be seen everywhere, and racial and gender discrimination were widespread.  For those reasons, the United States was advised to put its own house in order and to stop practicing double standards before accusing other countries of human rights violations.

REN DANHONG, of China Society for Human Rights Studies, said many States had made great progress towards ending poverty and backwardness, realizing modernization and ensuring the rights of their people to respectable, modern, civilized lives.  However, it was regrettable that the world's number one developed nation, the United States, could not protect the rights and interests of ordinary American workers in economic, social and cultural ways.  Instead there were serious problems of poverty, hunger and homelessness.  The gap between rich and poor kept widening in the United States.

The percentage of the population living in need and hunger in that country had been on a steady rise.  More and more people could not afford medical treatment.  The homeless population continued to rise.  The human rights record of the United States made a strong ironic contrast to its self-granted title of being a big power in human rights.  The United States Government should promote and improve the human rights of all the American people as its top priority before accusing other countries of human rights violations.

MAURO CABRAL, of MADRE, said the Commission would hear a great deal about discrimination based on sexual orientation and gender identity.  In fact, prejudices about how bodies should be sexed or gendered could lead to the surgical mutilation of children.  In the current medical treatment for intersexuality, discrimination based on gender identity and expression was combined with discrimination based on sexual orientation.  Sexism was combined with homophobia.

A difference in genitalia could not justify, under any pretext whatsoever, ethical or political hierarchies, and could not justify mutilation, because it never normalized but did the opposite.  Mutilation created a permanent human rights violation and amounted to an act of inhumanity. 

NATIVIDAD GUERRERO,of Centro de Estudios Sobre la Juventud, said that while 131 million children were denied access to education around the world, the Government of Cuba was attempting to ensure that all its youth were given access to education.  Given Cuba’s noble intentions, why was the United States allowed to continue its unilateral coercive measures which had impeded the development of Cuban youth for more than 40 years?

Cubans called for an end to the economic blockade imposed by the United States, and for the right to raise its children and freely make known to the rest of the world their advances in technology, science and art.  Those young individuals who had followed United States President Bush had failed.  Why did the enemies of the North insist on provocation, when they should stop slandering developing countries?  

RAUL VAN TROI NAVARRO MARTINEZ, of World Federation of Democratic Youth, said the United Nations Population Fund had indicated that the participation of the young generation had not materialized as had been expected.  Many States were not conscious of the fact that the young generation was not participating actively in the society.  In the past, the issue of the future of the new generation had been a subject of discussion.  One-fourth of the world's population was composed of persons under 25 years.  In addition, every 14 seconds, a young person was infected by AIDS.  In the year 2050, the world's population was estimated to reach 9 billion.  The western world, instead of spending resources to publicize consumer goods, could have spent the money to raise the rate of literacy and eradiate poverty. 

ROSEANNE ROCKY OLGUIN, of International Indian Treaty Council, said ongoing violations of indigenous peoples’ rights to own, develop, control and use their traditional lands and resources constituted a fundamental denial of their economic, social and cultural rights.  As noted by the Special Rapporteur, meaningful political and economic self-determination would never be possible without the legal authority of indigenous peoples to exercise control over their lands and territories.

States like Canada claimed to be progressive in recognizing the rights of indigenous peoples, but had failed to take the necessary steps to allow such indigenous control.  Instead, Canada continued to pursue policies that extinguished aboriginal treaty rights, contrary to the recommendations of its own Royal Commission and the rulings of its Supreme Court.  The Special Rapporteurs on the rights to food, health and indigenous rights and freedoms should coordinate on how vital issues of economic, social and cultural rights were interconnected and how they could be addressed more effectively by United Nations bodies.

ANNA BIONDI, of International Confederation of Free Trade Unions, said the inequalities between and within countries had continued to grow over the last year, despite several initiatives like the Finance for Development Conference, the World Summit on Sustainable Development, and the Millennium Development Goals.  External debt remained high in developing countries, and debt service payments took up a large part of the resources at the expense of education, health, and other public services.  More serious efforts had to be made to cancel unsustainable debts in order for countries to trigger economic growth and development.  The international financial institutions and the World Trade Organization were failing to fulfil their original undertakings and were responsible for the establishment of an unjust economic model which was undermining democracy and failed to contribute to sustainable development or the governance of globalization.

LURDES CERVANTES, of Organization for the Solidarity of the Peoples of Asia, Africa and Latin America, said that the current world economic order constituted an exploitation system which had prompted social instability and led people to poverty.  The economic, social and cultural rights of many people had been violated by the system.  It was a paradox that in the world where wealth was abundant, there were more than 1.5 billion people living in poverty.  The work of transnational corporations had also worsened the situation of poverty. The world was observing a silent genocide without precedent.  The developing countries were the victims of such acts which were also attributed to colonialism, slavery and neo-colonialism.

CHARLES GRAVES, of Interfaith International, said the increasingly interconnected and interdependent world held out the promise of an end to the curse of poverty, disease, hunger and illiteracy for hundreds of millions of people across the world.  At the same time, the prospects of freedom, progress and prosperity for all were gravely imperilled by the dark forces of religious fundamentalism, sectarian violence and related forms of intolerance that had been unleashed in different parts of the world.  In order to ensure that these forces were effectively checked and that people everywhere could live as free human beings enjoying freedom from fear and want, Interfaith International called on all States to sign and ratify the International Covenant on Economic, Social and Cultural Rights.

MAGALI AROCHA, Federation of Cuban Women, said that the neo-liberal model that had been imposed for years now had clearly demonstrated its failure.  In Latin America, the richest ten per cent of the population took 48 per cent of income, while the poorest ten per cent took only 1.6 per cent.  However, Cuba, she said, had overcome that system and also the economic stagnation brought on by the blockade imposed by the United States.  She also noted that in the United States, some 14 per cent of the population lived below the poverty level -– 29 per cent of black people.  There could be no universal rights in States where the full participation and rights to economic, social and cultural development of all people was not ensured.

ELENA SANTEMMA, of International League for the Rights and Liberation of Peoples, said that as universally recognized, the right to a mother tongue was an important part within the wider right to education and it was a human right in itself.  It was possible to define the mother tongue as the language which a person learned from his mother and family on a day to day basis, beginning from his birth, but also as a tool of growth, personal development and consciousness raising, through which he or she identified himself or herself as a member of a society or of an ethnic group.  That was why teaching in one's own mother tongue was fundamental in the process of understanding reality and developing the capacity to criticize it.

FRANCISCO DE ARMAS, of Christian Democratic International, said that Cubans were human beings with rights.  The Government of Cuba should respect those rights which it had violated in the past.  The Government had not told the truth to the Commission.  Those in power in Cuba did not respect the few rights that were in the Constitution.  The people should be given back their rights, including a change in the laws of the Constitution.  The Government should allow the Cuban people to publish their projects.  Cubans should not have to seek permission to enter their own country, and if all were equal, there should be no privileged living in luxury areas, whereas others suffered in poverty and were discriminated against by the police.  The elimination of God from the culture should be stopped.  Many of the new communist leaders had become new capitalists, preaching communism or death, whereas Cubans wanted freedom and a revolution achieved in peace and justice and through dialogue with the neighbour. 

BRIGITTE BAMBERG, of Movement against Racism and for Friendship among Peoples, said that her group attached importance to the full recognition of economic, social and cultural rights as human rights.  With regard to the economic, social and cultural rights in the developing countries, the Movement deplored that the analysis of the obstacles that faced their realization was not part of the debt burden. Officially it was said that the problem had been resolved, but the external debt of those countries did not cease to rise.  For the international financial institutions, the debt was not a problem but continued to affect the daily lives of the population.  

YOHEI SASAKAWA, of Nippon Foundation, said if left untreated, leprosy resulted in serious deformity.  Throughout the ages it had triggered fear and loathing.  Today, it was treatable but discrimination was still rampant.  This should be treated as a human rights issue, but was not because those suffering from leprosy were an abandoned people, a silenced people.  Leprosy was a human rights issue, and the Commission should rectify this problem by developing a resolution, supporting worldwide research, and creating guidelines that guaranteed freedom from discrimination for all affected by leprosy.

DIDIER TETEVI AGBODJIAN, of International Federation Terre des Hommes, said there was a rapid need for an optional protocol on economic, social and cultural rights, especially if it could be a true mechanism to deal efficiently with individual or collective complaints, an effective mechanism for protecting economic, social and cultural rights, and a new addition to the construction of a jurisprudence for these rights at an international level.  However, there was concern for the apparent reticence of a number of States on this optional protocol.   It was legitimate for there to be concern with regard to the weight of the responsibility of States, but any advance in the legislation for these rights should reassure them more than concern them, in as much as it would clarify the extent of any responsibility and not create more responsibility or increase the weight of those already in existence.

JANNET RIVERO, of Liberal International, said that her organization was concerned about the situation in Cuba in regard of economic, social and cultural rights which had been turned into instruments of political propaganda.  The nature of these rights as inherent rights of the citizenry had been destroyed.  All aspects of the social, economic and cultural life of the individual were controlled by the totalitarian State, while private enterprise was repressed in the economic sector.  In Cuba, access without restriction to information on the Internet was the exclusive privilege of Government officials or foreigners, while censorship and the repression of independent journalists were vigorous.  Activists promoting social initiatives in the population had been punished in a cruel manner and non-governmental cultural initiatives had also suffered from Government persecution.  On many occasions, the Commission had asked the Cuban Government to subscribe to the International Covenant on Economic, Social and Cultural Rights and its protocols so that its population could be better assisted in terms of human rights; the people of Cuba deserved the opportunity to develop their economy and society according to the values expressed in the Universal Declaration of Human Rights.

MASOOMA ALI, of Afro-Asian Peoples Solidarity Organization, said there was not a single nation that was not marked by a high degree of heterogeneity.  Whether it was differences of race, religion or ethnicity, individuals could exploit their potential to the maximum only when such differences were not permitted to shackle the collaborative effort that was essential for global development and welfare.  The preservation of the economic, social and cultural rights of individuals and communities was essential to sustain the cooperative venture called life.  Systems of governance determined the environment in which people were born, educated and reared.  It had, therefore, been a matter of concern for human rights activists that educational systems in many countries, rather than inculcating the ethos of equality, tended to accentuate segregationist and oppressive tendencies on behalf of one or the other group.

JOHN SIDOTI, of Human Rights Council of Australia, said all human rights were equal and all should be subject to monitoring and implementation; economic, social and cultural rights should be justiciable, and there should be a complaints mechanism for the International Covenant on Economic, Social and Cultural Rights.  An optional protocol to the Covenant should be elaborated to allow a complaints mechanism and other ways of making such rights justiciable and to allow for their enhancement.

Since transnational corporations in some cases had greater power than States, and had the potential for contributing more than some States could to the enhancement and protection of human rights, the Commission should support study and further consideration of the draft norms already developed on the responsibilities that should be incumbent on such corporations in relation to human rights.

NIRUPMA JAIMINI, of European Union of Public Relations, said the principle of non-discrimination was perhaps the most powerful and dominant principle in international human rights law.  The conduct of international relations today was, however, characterized by the widespread violation of this salutary principle both by States and by non-State actors.  The result was that in an age of ever accelerating globalization, the interests of powerful States and transnational corporations continued to enjoy precedence over those of States with limited capability of protecting their sovereignty as well as those of individuals, groups and communities which were unable to defend their rights.  The choice before the international community was whether to steadfastly apply the principle of non-discrimination so as to encourage developing countries to benefit from the vast opportunities created by recent advances in science and technology, or pursue policies that exacerbated existing inequalities and gave a further fillip to extremist ideologies which were the antithesis of all human rights.

THIERRY VIARD, of International Movement ATD Fourth World, said that around the world and in all countries people were living in extreme poverty and social exclusion, which caused great harm to their human dignity.  Human rights were indivisible and interdependent and the rights of the poor – whether civil, political, economic, social or cultural – were being violated.  However, it could be seen that the situations of misery and exclusion were bringing about new awareness and engagements for the effective realization of human rights.  Dialogue and the sharing of experience were necessary to bring people of different origins together to eradicate the social exclusion.  However, that approach was underdeveloped.  The Commission should strengthen and deepen the links between human rights and extreme poverty, including through renewing the mandate of the Independent Expert, identify best practices in the international community and national and local contexts, and mainstream consideration of issues related to the poorest people in all agenda items.

KAUKAB-UL-SABAB, of International Islamic Federation of Student Organizations, said sovereignty over land and natural resources was critical for socio-cultural development.  Unfortunately, such sovereignty was being denied in Palestine and Kashmir where State terrorism, repression and destruction of culture were being perpetrated against the natives.  Kashmir was being trampled under the boots of 700,000 Indian military and paramilitary troops.  Poverty, hunger, and physical deprivation were pervasive.

The Kashmiris looked to the Commission as the flag-bearer of human rights, and hoped it would use its influence to rid their present and future generations of the Indian occupation.

TEODORO DE MESA, of Asia Forum for Human Rights and Development, said the right to education of the minorities in Malaysia was hampered by policy and practice.  The budget allocation for Chinese and Tamil primary schools, for example, was 2 per cent and 1 per cent, respectively, despite the fact that the students in Chinese and Tamil primary schools made up 21 and 8 per cent, respectively, of the total primary school population.  It was likewise a contradiction that in Indonesia, Aceh, an oil rich and major revenue-generating province, had 40 per cent of its 4.2 million people living in poverty.

In Thailand, state mega-development projects had grave repercussions on the livelihood of affected communities, yet the Government never consulted with the people about carrying them out.  The Philippines, for its part, was urged to ensure the recognition and inclusion of indigenous peoples and their ancestral lands in local government development plans.

LES MALEZER, of Foundation for Aboriginal and Islander Research Action, said that the International Covenant on Civil and Political Rights highlighted that the ideal of free human beings enjoying freedom from fear and want could only be achieved when everyone could enjoy their economic, social and cultural rights, as well as their civil and political rights.  The Covenant recognized that everyone had the right to take part in cultural life and to enjoy the benefits of scientific progress.  During is last session, the Commission had welcomed the progress made in drafting a declaration on the rights of indigenous peoples.  However, this year was the last year of the Decade of the World's Indigenous Peoples.  Progress had not been made due in no small part to reluctance by a number of States to address the issue for political reasons.

YAOVI WAHARE, of Pax Romana, said that the HIV/AIDS pandemic was threatening the right to life, especially in Africa, where many were in need of drugs to deal with the scourge.  Many Governments provided no official statistics on the impact of HIV/AIDS, nor had the Special Rapporteur on health done so.  Perhaps it was time to mandate the Special Rapporteur specifically to deal with HIV/AIDS and its effects.  The Commission should be the voice of those who could not make themselves heard.  The international community was warned that the world would soon be witnessing regional genocide due to HIV/AIDS and the entirety of the international community must get on board in the fight against the disease in order to prevent such a situation.  It would be too painful to watch the thousands of infected people in Africa await impending death because they lacked access to necessary drugs.

ANIS ANANI, of German Foundation for World Population, said 1994 was a crucial turning point in the area of sexual and reproductive health.  All couples and individuals had the right to decide freely and responsibly on the number, spacing and timing of their children, and to have the information and means to do so.  Based on the nature of economic, social and cultural rights, it was recognized that these rights could only be achieved progressively.  However, not only a lack of financial resources hampered the fulfilment of these rights, but the whole concept of sexual and reproductive health and rights was under attack from some countries, in particular the United States.  The Commission should adopt a resolution reaffirming the consensus that access to sex education and access to modern methods of family planning for all was essential.

MURIELLE MIGNOT, of the Habitat International Coalition, said that adequate housing was a vital human need and, therefore, a vital human right.  What that meant became evidently clear when that right was breached, teaching the international community what needed to be done towards building human civilization with justice.  The Sardar Sarovar Dam in India's NarmadaValley, officially hailed as a stroke of progress, already had forcibly displaced almost 15,000 families and would punish at least another 12,000 if completed.  Two weeks ago, the Dam authority had agreed with Indian authorities to increase the dam height again 110.56 metres, while many of the people displaced when the dam was less metres high had not yet been adequately rehabilitated or compensated.

AKIRA MAEDA, of Japanese Workers’ Committee for Human Rights, said although the Japanese Government had ratified the international covenants on human rights, the situation of workers in that country was gradually changing for the worse every year.  A recent example of the aggravation of the working conditions was the Japan Airlines case.  The Government of Japan was urged to take the necessary measures to stop the aggravation of working conditions and to stop the 10,000 deaths from overwork and 30,000 suicides in Japan which had taken place since 1979.

RAJA HUSSAIN, of the International Human Rights Association of American Minorities, said that all human rights were indivisible, interrelated and interdependent in character, adding that the Vienna Declaration called for a holistic approach to ensure the promotion of all human rights.  And while some effort had been made in the Commission to promote economic, social and cultural rights, there was a need for Governments and human rights movements to develop a better understanding of these rights to guard against violations.  The idealism of democracy, accountability and transparency was irrelevant for the regions struck by poverty, hunger, disease and foreign occupation.  Governments and other responsible parties must be held fully accountable for such violations and the notion of impunity must not be restricted only to civil and political rights.  The Commission must also devise a mechanism to address the most severe violations, such as those being perpetrated in Kashmir by India.  The Commission should send a fact-finding mission to Indian-occupied Kashmir to determine the extent of violations and abuses of economic, social and cultural rights of Kashmiris.

BEATRICE FAUCHERE, of World Confederation of Labour, said that realization of economic, social and cultural rights was often linked to the crucial issue of debt.  The Heavily Indebted Poor Countries (HIPC) initiative had been innovative, but it was much too slow and limited to too narrow a number of States.  Necessary social measures were presented as simple corrective measures.  The World Confederation of Labour required the prompt elimination of the debt burdens of the poorest countries.  Policies, laws and practices which lowered below the level of decency the work of services and labour providers continued to exist.  The World Confederation considered that the Office of the High Commissioner for Human Rights and the International Labour Office must hold a view of rights and dignity at the centre of the debate on these issues.

RONALD BARNES, of Indigenous World Association, said he would continue to lodge diplomatic protests and serve legal notice to the United States to protect the subjugation, domination, exploitation and the illegal annexation of Alaska and Hawaii and the racist principles for plundering their land and resources.  The territories of Alaska and Hawaii were both internationally recognized peoples with full rights as international legal personalities.  The United States had violated the Charter of the United Nations and law when Alaska and Hawaii were annexed.  The peoples' economic, social and cultural rights were not considered.

The indigenous people of the Western Sahara, as an internationally recognized people, were able to harness international law.  For colonized peoples, there was no mechanism to harness their international legal status to protect them against abuses and violations of the de-colonization process regarding their economic, social and cultural rights.

LAZARO PARY, of Indian Movement "Tupaj Amaru", said that thirty years after the start of the new international economic order in 1974, the neo-liberal policies of the World Bank had led many countries to bankruptcy.  The results of the programme of structural adjustment had been sombre.  Instead, the promotion of the rights to basic food, clothing and dignity of life had not been realized.  Within the context of globlization, the scourge of external debt had been an instrument of domination and a neo-colonial strategy in which the rich countries continued to exploit the poor countries.  In 1982, the external debt of the developing countries had been estimated to be $ 780 billion.  The amount was far beyond the capacities of many countries to continue paying their debt.

HAMID AHMAD AL RIFAIE, of the World Muslim Congress, said that nobody disagreed with the fact that humanity was suffering from a sharp crisis of values.  Undoubtedly, the crisis of the degradation of human dignity and violation of human rights was a painful consequence of the crisis of values, which was a cumulative one and derived from multiple religious, educational, cultural and political causes.  For this reason, the educational methodology needed to be reviewed, and generations needed to be given a cultural pattern that reflected the aspiration for elaborating a common moral charter.   The adoption of a universal charter for justice constituted the first step and the appropriate frame to achieve these necessities and make them positive values in the life of humankind.

SHANTHI DAIRIAM, of International Women's Rights Action Watch, said that her organization, which was based in Malaysia, was committed to the domestic implementation of international human rights norms.   The discussion that took place during the first session of the open-ended Working Group on the drafting of the optional protocol to the International Covenant on Economic, Social and Cultural Rights had led to the identification of a series of concerns and issues that should continue to be addressed.   The value of an optional protocol was that it would strengthen standards at the national level.  Since the protocol could only be used after the exhaustion of effective domestic remedies, it would provide the impetus for the judiciary to focus on economic, social and cultural rights and develop standards in addition to those at the national level.

JEAN-CLAUDE MICHELLOD, of Caritas Internationalis, said cotton prices were a case in point of unfair international trade conditions.  Cotton enabled rural communities in countries such as Benin, Burkina Faso, Mali, and Chad to have access to a cash economy; without it families could not pay for school fees or other products that required cash.  Cotton made it possible to halt rural exoduses.  It helped to build self-sufficient rural communities.

The cotton crisis was directly linked to policies of massive subsidies carried out by States such as the United States and those of the European Union. It was depriving developing countries of profits from a product that truly could help them to advance economically.  The Commission was urged to remind these subsidizing countries of their international responsibilities in human rights matters.

Mr. BALTI, of Association tunisienne pour l’auto-développement et la solidarité, deplored that societies and States, which today were sensitized and mobilized in the fight against terrorism, were less motivated to identify the causes of the problem and to help eliminate these serious causes which limited the chances of peace and stability around the world.  Terrorism was to be condemned, but there remained a lot of political, economic and social injustices around the world.  Economic, social and cultural rights were intricately related to civil and political rights and the Commission had to give them the attention that they merited as disequilibrium could cause irreversible damage.

NARINDA TUKHAMMEE, of Asia Pacific Forum on Women, Law and Development, said the realization of the right to food was an important legal basis of the fight for food sovereignty.  Food sovereignty, ultimately, was the right to self-determination on food and agriculture policies by communities and countries.  Under existing patriarchal power relations, food sovereignty would not be possible without realization of women’s access and control over productive resources as well as their meaningful participation in decision-making over food and agriculture production in which they played significant, yet unrecognised roles.  All Governments should eliminate the unequal global trade system which violated peoples’ right to food and denied their self-determination and control over their resources and their lives.

Right of Reply

MAURICIO ALFREDO PEREZ ZEPEDA (Honduras), exercising a right of reply, said Franciscans International had spoken about Honduras.  It was true that poverty was a great problem for the country, affecting 80 per cent of the population.  The Government was trying to adapt social policy to carry out consistent work to reorient the strategy of the State; foundations were being set up to allow Honduras to carry out greater human development over the next 20 years.  Decentralization, economic growth, and links with social policy were being devised.  These reforms were intended to increase opportunities for the poor to break out of the vicious cycle of poverty.  Forty-nine per cent of the national budget had been dedicated to the social sector.  A strategy to reduce AIDS, malaria, and tuberculosis would be similarly well funded.  Other steps involved enhancing seed capital and the building of new hospitals.  The Government of Honduras was doing all it could to improve conditions in the country.  Franciscans International was invited to participate in this process.

SYLVAIN BAYALAMA (Congo) said in a right of reply that there was a need to clarify allegations made by the International Federation of Human Rights.  This non-governmental organization had said that there was a correlation between the violation of economic and social rights and oil rights in Congo, and this did not take account of the Government of Congo’s efforts to manage this income transparently.  It had also been audited by the World Bank.  Most of the oil earnings were used to repay foreign debt, and it was thus difficult to use them to guarantee the rights stipulated in the Covenant on Economic, Social and Cultural Rights.

BALA CHANDRAN THARMAN (Malaysia), speaking in a right of reply, said the Asian Forum for Human Rights and Development had alleged that minority rights to education in Malaysia were being hampered by Government policies and that was incorrect.  Malaysia was a multi-ethnic society, and the Government had actively pursued a policy of integration and tolerance through a national education policy.  All ethnic-based schools would be located in one area to share facilities and enable contact between different ethnic groups.   All groups continued to enjoy a large degree of cultural autonomy while also participating in the general life of the country.  The contentions of the Asian Forum were inaccurate and outdated.

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