Plenary August 7, 2003
Water, extreme poverty, globalization, and corruption with respect to human rights

The Asian Human Women's Human Rights Council spoke on sexual crimes' statue of limitation. As an example, Japan's statue of limitation for reporting sexual assault is five years and 7 years for rape. There is no distinction made between and adult and child. The representative claimed that the lack of distinction and time limit helped produce impunity of child molestation. The criminal justice system does not account for possibility of a long delay caused by shock (possibly created from "the shattering of the psychic schema") from the "traumatic reality." Also, sometimes the perpetrator of the sexual crime is a child's parent. The representative recommended that States remove the statue of limitation, creating a "fair administration of justice." She also presented the need for human rights education for parents, children, and directors of institutions.

The International Human Rights Association for American Minorities claimed that Kashmir was of a "flawed democracy." This type of democracy, he said, is due to the "upholding of the will of the Hindu majority" in respect to human rights. There is "no compatibility between occupation and democracy," the delegate announced. He advised the Sub-Commission to "scrutinize the [credentials] of Indian democracy."

The delegate of Sudan took the floor. He proclaimed his country's commitment to human rights, despite many violations. These violations, he claimed, were a cause of "armed conflict." With respect to the administration of justice, he spoke of the decree to appoint a judge with no military affiliation to preside over human rights' cases. He then stated that, in his country, the death penalty is prohibited for juveniles, or people under the age of eighteen.

Next, a rep from Turkey spoke of human rights violations as a whole, stating that "no country is immune to human rights violations." Every country, he claimed, should always seek to improve itself with human rights in regard. The delegate used Turkey as an example of a country trying to comply with this ideal, citing the recent state of emergency lifted from the remaining two provinces in 2002. This was after the adoption of amendments and codes in 2001 and 2002. He then advised that all States "pursue effective implementation" of human rights policies, programs and education.

Romania spoke of fragile democracies in many parts of the world, telling of the "emergence of a new generation of authoritarian leaders." These leaders believe violence is the "seat to power." He suggested that a better awareness of democratic ideals and fundamentals. He declared that all States provide respect for human rights, free and fair elections with real choices, and the right for a free and independent media.

Lastly, a rep from Egypt took the floor, proclaiming his country's respect for the law. He referred to the state of emergency, saying that it was a response to the country's fight against terrorism, and that it is reviewed regularly by the high court.
Madame Chairperson Warzazi then concluded the Item 3 discussion, opening the floor to a "parade of reports."

Mr. Guisse began with his report on the sanitation and right to water. He suggested the need for a legal framework for the right to water. He then stated the need to extend his study while paying heed to poverty, an aggravator of the problem with water. Water is the "basic stratum of life," and privatization only creates problems in places like Africa, such as exuberant prices, scarcity, and un-sanitized water. He reminded everyone that almost all diseases are waterborne in Africa.

Mr. Pinheiro presented his report on the housing and return of refugees. He urged that it is important to respect the rights of all refugees at all points of their journey, and that there is a great "need to implement effective measures which ensure housing and property restitution for displaced people." He recommended that a resolution be adopted to address forced removal. He then explained that resettlement is greatly dependent on property rights. Mr. Pinheiro also suggested a more standardized approach to the restitution process be implemented, the establishment of concrete mechanism and institutions to ensure effective implementation of the approach, that the Sub-Commission have a role in the process, and that the Sub-Commission draft a model policy of housing and restitution.

A report on globalization's impact on human rights was presented by Special Rapporteur Oloka-Onyango. He began with three points: a) the process that informs globalization "is not natural," but of economic, political, and cultural interests, b) "there is no single path or model that promotes globalization," and c) there is emphasis on States that globalization meet less resistance, and that there was caution to ensure that the process does not violate human rights. His report made "two-fold" conclusions: that there is insufficient attention given to those who may be affected by globalization, and that the IMF, WTO, and World Bank need to do more to ensure their policies do not impact human rights. The "links are manifest" between globalization and September 11th. The linkage is by finance, trade, commerce, environment, crime, drugs, and terror. Furthermore, it "highlighted a place and role of actors" who understood globalization. Mr. Oloka-Onyango recommended a movement away from "the idea that the State is handicap from dealing with globalization." He hoped that the draft would provide a basis for the Sub-Commission to continue to have a dialogue on these issues.

Special Rapporteur Mbonu presented a new topic for the Sub-Commission through her working paper on corruption and its impact on human rights. She stated that corruption "can endanger the stability of society" and threat morality and democracy. She stated she tried without success to define corruption, but that no universal description existed to date. Mostly, she found a list of offenses in regards to corrupt activities (e.g. bribery, embezzlement, concealment, obstruction of justice, unexplained wealth). She found, however, that "corruption breeds poverty," and that the poor are the worst affected and the least able to do anything about it. She then discussed several cases and types of corruption, all leading to the same conclusion: corruption widens the gap between the rich and the poor.

Special Rapporteur Bengoa then gave his report on human rights in regards to extreme poverty. He stated that it was "a long road to link extreme poverty to human rights because before it was only linked to economic factors." He then defined extreme poverty as a way of denying all human rights, a definition given in a session by someone eight or nine years ago. He then announced that the shift of emphasis in his report (as opposed to the previous year) was due to NGO participation. He said that this "shows that we are not deaf… We do listen." It is essential, he urged, that these consultations be held in sessions and meetings in order to be fully participatory.

Mr. Shiqiu said that he hopes that developed countries will join the efforts in building a fair and just economic order. His concern is that developing countries are becoming increasingly marginalized. Furthermore, the percentage of less developed countries has risen from 42% to 49%. It is important, he said, that action and implementation of commitments take place in the near future.

Madame Mbonu spoke next in response to Mr. Guisse's working paper. She asked him to consider a country's debt in its contribution to the lack of water. Countries will often use money designated for food and water to help eliminate accumulating debts. She offered her encouragement with the report.

Expert Guisse then responded to Mr. Oloka-Onyango's report and asked about relevancy of September 11th to his report, saying that it instead "stands out obtrusively." He then agreed with Bengoa, encouraging NGOs to speak. Finally, he addressed Madame Mbonu's report, reminding her of the hidden corruption of promises. He referred to the promise of advancement (e.g. promotions), and said that he thought that this should be included.

Mr. Kartashkin spoke next, bringing up considerations to Mr. Oloka-Onyango's report, asking "is the process of globalization inevitable?" or is it brought about deliberately? He then stated that he believed it to be inevitable because globalization is connected to scientific progress. Since you cannot combat scientific progress, he suggested focusing on the negative aspects of globalization and minimizing them. He believed that the growth of globalization would help foster a "multi-polar world" and strengthen the UN's influence. He suggested the necessity of "broader involvement" from the MFA, IMF, and other groups in order to enhance compliance with human rights.

Expert Alves subsequently spoke during the session. He suggested the necessity for "valid reference frameworks" for corruption, as it is not limited to developing countries. The frameworks have to include procurement, conflicts of interest, transparency, and fewer formalities. He also suggested that since the media is "the watchdog for corruption," that the freedom of the press be ensured. He claimed that the "greater the accountability, the less monopoly powers."

Mr. Sattar recommended the Sub-Commission to play role in adopting a draft convention against corruption.

To end the session, Madame Rakotoarisoa claimed that corruption hindered development and progress, discouraging investment. She called for "international cooperation." She then suggested that the role of drug and money trafficking and money laundering be addressed, along with bank secrecy. Bank secrecy is often the only means of evidence of corruption with regards to money laundering.


By: Ashley Faulkner

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