Plenary Session: item 4
55th Session of the Sub-Commission on the Promotion and Protection of Human Rights
Monday 11th August, room XVIII, 10.00 a.m. to 1.00 p.m.

Item 4: Economic, social and cultural rights
Item 5: Prevention of discrimination

Today in its morning session, the Sub-Commission closed the item 4, finishing with the rest of interventions made by NGOs and hearing declarations of two United Nations agencies and four governments. The Sub-Commission then started with item 5, with the reports of two experts, followed by the interventions of three NGOs.

Mrs Dussolliet Gond, of World Federation of Trade Unions, said the Monetary Fond and the Maastricht treaty had reinforced the regression of social achievements, by pressuring in favour of privatisation. Enterprises can impose blockades, like those in Cuba or Iraq, and even provoke wars, in order to test their weapons.

Mr Madelin, of International Federation of Human Rights Leagues spoke about the text of Draft Norms for trans-national corporations and their activities, saying the Sub-Commission must adopt these draft norms. He insisted on the necessity of having guidelines on norms and criteria for human rights related to poverty.

Mr Baluch, of Interfaith International, spoke about Baluchistan, a province of Pakistan, denouncing gross violations of economic, social and cultural rights occurring there, and caused by Pakistan, which occupies the territory since 1948.

Mr Aajakia, of International Committee for the Respect and Application of the African Charter on Human and Peoples rights, evoked the problem of the Sindh province in Pakistan, where people don't have access to water. This is a very basic right of common people, he said and he urged the Sub-Commission to take steps.

Mr Mir, of Himalayan Research and Cultural Foundation, underlined the relations between economic, social and cultural rights, saying the economic dimension of the right to development was privileged in the discussions. He suggested to study how social and cultural rights could affect economic rights and how they were affected themselves by these latter. He gave the example of Gilgit and Baltistan, occupied by Pakistan, and which suffer from the massive arrival of Pashtoons and Penjabis migrants.

Mrs Santiemma, of International League for the Rights and Liberation of Peoples, spoke about corruption, welcoming the report on the subject by Mrs M'Bonu. She suggested that an elaborate study be realised, and also the creation of an international monitoring body, specialised in corruption.

Mr Berry, of International Commission of Jurists, reminded a Working Group was created by the Commission of Human Rights in 2003 to consider the creation of an Optional Protocol to the Covenant on Economic, Social and Cultural Rights. The establishment of the Working Group was an important step towards the reinforcement of these rights. He said the Optional Protocol was an indispensable tool.

Mr Ahmad, of World Muslim Congress, said the situation concerning economic, social and cultural rights in the developing world was discouraging. He noted two factors responsible from the bad economic situation in these countries: the agricultural subsidies and the tariff barriers. He said the debt of poor countries won't be eliminated without help.

Mrs Boonridrerthaikul, of Pax Romana, insisted on the importance of norms related to trans-national corporations. She said it was important to integrate them into the nation protection system, as envisaged by the Office of the High Commissioner for Human Rights. She also denounced the situation prevailing in India, where the Coca Cola Company, situated in the fertile land of Kerala, let the local people in lack of drinking water.

Mr Chapman, of Minority Rights Group International, said indigenous people were facing many threats to their survival as distinct people. The Human genome diversity project was an issue of serious concern for them. The group asked the Sub-Commission to include measures to protect their rights in each of its recommendations. Concerning poverty, he said that poverty reduction programs often did not reach them.

Mr Malezer, of Foundation for Arboriginal and Islander Research Action, critisised the declaration of the Prime Minister of Australia, which according to him, revealed the government policy rejects the application of human rights standards for indigenous people. He said this attitude was in total contradiction with the working paper presented by Mr Bengoa.

Mr Hussein-Quadri, of International Human Rights Association of American Minorities, said the right to development seemed to have been ignored by States. He stressed on the absence of effective measures to avoid conflicts and said often governments wasted their resources by acquiring armaments. He quoted the case of India and the situation in Kashmir. He said the Commission should start a study where all these points could be dealt with.

Mr Parker, of Human Rights Advocates, spoke about the situation of the village of Palekkad in India, where a Coca Cola bottling plant is situated, denouncing the conditions of living for the inhabitants, due to the presence of the plant, especially concerning drinking water. Conditions inside the plant reportedly were also bad.

Then two United Nations agencies had the floor. The first one was Mrs Barth Eide, speaking for the United Nations Standing Committee on nutrition. She said the present status of work was currently in a critical phase, where the outcome was not predictable yet. She draw the attention of the Sub-Commission on two points. At first it is important for the Sub-Commission to follow the ongoing process of drafting international guidelines for the national implementation of the right to adequate food. Secondly, she appealed to the Sub-Commission to repeat the recommendation of 2001, which consists in the demand of a fourth consultation on the right to food, because one year later, there was no sign of this consultation.

Mrs Penfold, of International Labour office (ILO), clarify the position of the ILO concerning comments made during Working Group sessions on the Draft Norms on the responsibilities of trans-national corporations, specifying these comments were made by the ILO Secretariat and did not prejudge of any positions which the ILO Governing Body might adopt. The Office thanked the Working Group for its patience and cooperation with the ILO over these last four years.

After these interventions, the floor was gave to the representatives of national governments

Mr El-Seddig, from SUDAN, said trans-national corporations were often linked to national conflicts, (especially during the Cold War), seeking always for profits and sometimes extending wars. He quoted some examples, Austral Africa, Latin America…He made three propositions : Draft Norms should provide for sanctions for those trans-national corporations, the Sub-Commission must adopt this project of norms and endeavour to reactivate the United Nations conflict-resolution mechanisms.

Mr Moscoso Blanco, from BOLIVIA, spoke about the problem of corruption in his country. He said Bolivia had put in place measures to fight corruption. In order to strengthen economy and democracy, the country has ratified a number of international instruments related to human rights. It also created an institution especially devoted to the fight against corruption. This institution has been given the right to denounce public institutions which practice corruption.

Mr Delaurentis, from UNITED STATES, said his country did not agree with certain points of the report presented on globalization and its effects on human rights, especially in chapter 2, on the aftermath of 11th September. The security measures have not affected human rights, and they are not opposed to civil liberties, he said. Concerning globalization, United States don't think it has increased poverty and has had a broad negative impact on the enjoyment of human rights. The Sub-Commission should focus on elements that must be contained in national policies for them to benefit from these changes of globalization.

Mr Vigny, from SWITZERLAND, corrected some points of the report on corruption, presented by Mrs M'Bonu. This report contains informations on the bank secrets in Switzerland and Liechtenstein, which do not reflect the reality, he said. The obligation of discretion by banks has never been unlimited and Switzerland has been effectively cooperating with the authorities of other states. Bank secrets can be lifted within the context of judicial mutual aid, corruption, fraud, so and so, witness the Swiss co-operation with Nigerian authorities in the case of the former President Mr Sani Abasha.

The right of reply was exercised by a representative of the COTE D'IVOIRE, who claimed the allegations from NGOs concerning children used as slaves in cocoa plantations in his country were not true. NGOs said children were exploited by trans-national corporations. It cannot happen, he said, because most of these plantations are owned by national farmers. He added, the Côte d'Ivoire was protecting children's rights by many instruments, international as well as national.

The Sub-Commission started the point 5 with the presentation of Mr Weissbrodt's final report, on the rights of non-citizens. Firstly he noted a worsening in these rights for four years, and the events of 11th September are part of this worsening. There is a need for clear standards, implementation by States, and more effective monitoring of compliance. He called for a co-operation between the treaty bodies of human rights, in order to prepare general comments and recommendations. He encourage these committees to follow the lead of the Committee on the Elimination of Racial Discrimination (CERD) (on the request of which this study has been made), in issuing their comments. He concluded by saying that a additional work on the question was needed.

The second expert was Mr Eide, presenting his provisional report on the right of minorities. His main focus was the obligation of the States to protect the existence of minorities and to encourage conditions for the promotion of their identity. He insisted on the importance of the universal human rights. A better implementation of these rights, with appropriate protection and remedies would help minorities to preserve their identity and to participate effectively to the society.
As the Chairperson of the Working Group on Minorities, he finished by exposing to the Sub-Commission the conclusions and recommendations of its ninth session. Some of these recommendations included the strengthening of the dialogue between governments and minorities. States have also been encouraged to ratify the Rome Status, and to address the phenomenon of corruption. Mr Eide also made out the list of the themes for the next year.

Finally, three NGOs took the floor to conclude the morning session. Mrs Seigel, of International Council of Jewish Women, made a joint statement with ten other NGOs. She said the Sub-Commission should ask to the General Assembly her to direct the United Nations to prepare texts on subjects like protection of women and children, and that in an everyday language, in English, French and Spanish. These texts should be distributed both in countries of emigration and immigration, in order to make known these human rights standards to populations.

Mr Prakash, of World Peace Council, said many minority groups, when they are not satisfied with their situation at home, tried to mobilize international support, rather than opinions in their own countries. Countries which have a democratic system are more able to deal with discontented minorities than countries which do not have such a system. He quoted the case of India as a successful case, and the case of Pakistan as the opposite.

Mrs Sy, of International Organisation for the Elimination of All Forms of Racial Discrimination, spoke the caste system in Africa, especially in Senegal. She said the caste system was established according to professions. She underlined the impossibility for people to raise themselves in this social system, even by making money. The situation ended by being accepted as unchangeable. It is not sufficient to care about economic problems to fight against this caste system, we should also make people realise they are living in an unequal society.

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