HUMAN RIGHTS COUNCIL ADVISORY COMMITTEE ADOPTS EIGHT RECOMMENDATIONS TO COUNCIL ON RIGHT TO FOOD, MISSING PERSONS, LEPROSY AND OTHER ISSUES

The Human Rights Council Advisory Committee this afternoon adopted eight recommendations to be submitted to the Human Rights Council on a drafting group on human rights education and training; on the promotion of a democratic and equitable international order; on missing persons; on integrating the human rights of women throughout the United Nations System; on the elimination of discrimination against persons affected by leprosy and their family members; on refugees from hunger; on the right to food in United Nations refugee camps; and on the right to food.

In the recommendation on a drafting group on human rights education and training: programme of work, the Advisory Committee entrusted a drafting group with the task of undertaking preparatory work for consideration by the Advisory Committee and encouraged the drafting group to continue its preparatory work, with a view to submit further elements to the next session of the Advisory Committee.

In the recommendation on promotion of a democratic and equitable international order, the Advisory Committee decided that it would continue its deliberations on this matter at its next session, including by looking at the work that had been already done by the Sub-Commission on the Promotion and Protection of Human Rights and any other human rights mechanisms.

In the recommendation on missing persons, the Advisory Committee entrusted Latif Hüseynov, who was intended to be involved in the preparation of the study, with the task of participating in the panel discussion on this topic. The Committee also requested the President of the Human Rights Council to extend an invitation to Mr. Hüseynov to participate in the Human Rights Council panel discussion, to be held in September 2008.

In the recommendation to the Human Rights Council on integrating the human rights of women throughout the United Nations system, the Advisory Committee requested the Experts Chung Chinsung, Purificacion V. Quisumbing and Mona Zulficar to prepare for the next session draft guidelines on methods to operationalize gender mainstreaming at all levels.

In the recommendation on the elimination of discrimination against persons affected by leprosy and their family members, the Advisory Committee designated Shigeki Sakamoto to carry out the task of following on the activities of the Office of the High Commissioner for Human Rights and attending the meeting to be convened by the Office and to examine the reports transmitted by the Office regarding information on the measures that Governments have taken to eliminate leprosy-related discrimination; and to formulate a draft set of principles and guidelines on the subject.

In the recommendation to the Human Rights Council on refugees from hunger: good offices of the Human Rights Council and the Secretary-General, the Advisory Committee suggested that the Human Rights Council and the Secretary-General should make available their good offices so as to extend the right of non-refoulement to hunger refugees.

In the recommendation on the realization of the right to food in United Nations refugee camps, adopted without a vote as orally amended, the Advisory Committee suggested that the Human Rights Council, at its next session, launches an urgent appeal to Member States to increase their voluntary contributions substantially and as soon as possible so as to enable the United Nations High Commissioner for Refugees and other United Nations bodies to discharge their mandates.

In the recommendation on the right to food: programme of work, the drafting group on the topic at hand proposed a structure of its report to the Council. The drafting group deemed necessary that two further related studies be undertaken, and recommended that the Council entrust it with the task of preparing the following studies: “Current food crisis, the right to food and hunger refugees: definition and situation” and “Current food crisis, the right to food and the rights of peasants”.

Speaking this afternoon were Miguel Alfonso Martínez, Emmanuel Decaux, Latif Hüseynov, Wolfgang Stefan Heinz, Purificacion V. Quisumbing, Ansar Ahmed Burney, Vladimir Kartashkin, Mona Zulficar, Shigeki Sakamoto, Jean Ziegler and José Antonio Bengoa Cabello.

Two draft recommendations on human rights of persons with disabilities and on missing persons were withdrawn.

When the Human Rights Council Advisory Committee reconvenes at 10 a.m. on Friday, 14 August, it will take action on the remaining draft recommendations to be submitted to the Council before concluding its first session.

Action on Recommendation on a Drafting Group on Human Rights Education and Training

In a recommendation to the Human Rights Council (A/HRC/AC/2008/1/L.6) on a drafting group on human rights education and training; programme of work, adopted without a vote as orally revised, the Advisory Committee entrusts a drafting group with the task of undertaking preparatory work for consideration by the Advisory Committee and appoints the following Experts as members of the drafting group: Emmanuel Decaux, Héctor Felipe Fix Fierro, Vladimir Kartashkin, Purificacion V. Quisumbing, and Halima Embarek Warzazi. The Advisory Committee further welcomes the paper prepared by the drafting group, containing the elements of the conceptual framework for further work and consultations; encourages the drafting group to continue its preparatory work, with a view to submit further elements to the next session of the Advisory Committee; and requests all the necessary assistance of the Secretariat to facilitate the activities of the drafting group.

EMMANUEL DECAUX, Advisory Committee Expert, presenting the recommendation, said that they already had a work plan set by the Human Rights Council which facilitated the work. A lot of work had also been already carried out by the United Nations on this topic. Mr. Decaux mentioned four amendments.

LATIF HUSEYNOV, Advisory Committee Expert, said in a general comment that the task given to the Advisory Committee was not only education but also training. He understood that only education was covered by the paper. Since training for staff of law enforcement agencies for example was part of a State’s obligation stemming from other rights than the right to education (e.g. freedom from torture), this should also be taken into consideration by the drafting group. Public information should be included as a third element in addition to education and training. Furthermore, Mr. Hüseynov did not see the term “cultural diversity”. In his opinion, this term should appear in the final text. Access to education was a problem for certain groups (e.g. refugees) and should be treated as a component of the right to education. Also access to education should be considered separately and given special attention.

WOLFGANG STEFAN HEINZ, Advisory Committee Expert, asked for two clarifications, about the use of the term “duty bearers” in the drafting group’s document, could universities and schools enter into this category? Also in his view, questionnaires should also be sent to national institutions and not only to non governmental organizations.

MIGUEL ALFONSO MARTINEZ, Advisory Committee President, said that he agreed with Mr. Heinz concerning soft law and hard law, because law was always hard. Also, what was the difference between ‘universal obligations’ and ‘international obligations’? Mr. Martinez said that it was vitally important to speak of a ‘democratic society’ instead of ‘democracy’.

EMMANUEL DECAUX, Advisory Committee Expert, said that he had taken note of all the comments; and noted that the document was just a grid of analytical elements. More elements would be added to it. They could also talk about the role of the State and media in education and information, but it was too early to talk about “awareness raising”. The key ideas in the document were linked to universal obligations. They should also further incorporate cultural diversity. They had also touched on the problem of illiteracy as a handicap. One could not be educated in human rights when being illiterate. Concerning the questionnaire, they had already started thinking about three different ones: one for States, one for national institutions; a third for international organisations. This did not mean that other partners would not be taken into account. He did not believe that the questionnaire would be ready in January.

PURIFICACION QUISUMBING, Advisory Committee Expert, said in a general comment that members mentioned mainstreaming and gender. She thanked Mr. Heinz for mentioning duty bearers. This was very well discussed in the group.

Action on Recommendation on Promotion of a Democratic and Equitable International Order

In a recommendation to the Human Rights Council (A/HRC/AC/ 2008/1/L.3), on promotion of a democratic and equitable international order, adopted without a vote as orally revised, the Advisory Committee decides that it will continue its deliberations on this matter at its next session, including by looking at the work that has been already done by the Sub-Commission on the Promotion and Protection and Protection of Human Rights and any other human rights mechanisms.

ANSAR AHMED BURNEY, Advisory Committee Expert, presented several amendments to the recommendation.

VLADIMIR KARTASHKIN, Advisory Committee Expert, raised the question if the Advisory Committee could make recommendations to the Advisory Committee, as it was put in many recommendations.

Action on Recommendation on Missing Persons

In a recommendation to the Human Rights Council (A/HRC/2008/1/L.8), on missing persons adopted without a vote as orally amended, the Advisory Committee entrusts Latif Hüseynov, who is intended to be involved in the preparation of the study, with the task of participating in the said panel and reporting back at its next session. The Committee also requests the President of the Human Rights Council to extend an invitation to Mr. Hüseynov to participate in the Human Rights Council panel discussion, to be held in September 2008.

VLADIMIR KARTASHKIN, Advisory Committee Expert, introducing the recommendation on missing persons, said that the Human Rights Council had decided to entrust the Committee to carry out a study in this regard. That’s why they had decided to draft this report and study best practices. Hence the decision came in two parts: Mr. Hüseynov should participate in the discussion and the Human Rights Council should extend an official invitation to Mr. Hüseynov. He also mentioned a small amendment.

Action on Recommendation on Integrating the Human Rights of Women throughout the United Nations System

In a recommendation to the Human Rights Council (A/HRC/AC/2008/1/L.9) on integrating the human rights of women throughout the United Nations system, adopted without a vote as orally revised, the Advisory Committee requests the Experts Chung Chinsung, Purificacion V. Quisumbing and Mona Zulficar to prepare for the next session draft guidelines on methods to operationalize gender mainstreaming at all levels, including action-oriented mechanisms in the implementation of the Advisory Committee’s mandate and recommends to authorize the same team to identify proposals for concrete action in specific areas, special procedures or further measures needed to enhance substantive gender equality within the UN agencies and at the regional and national levels.

MONA ZULFICAR, Advisory Committee Expert, introducing the recommendation, said that they were proposing to prepare guidelines on the implementation of a gender perspective. There were several amendments.

Action on Recommendation on Elimination of Discrimination against Persons Affected by Leprosy and Their Family Members

In a proposal to the Human Rights Council (A/HRC/AC/2008/1/L.12) on elimination of discrimination against persons affected by leprosy and their family members, adopted without a vote as orally amended, the Advisory Committee designates Shigeki Sakamoto to carry out the task of following on the activities of the Office of the High Commissioner for Human Rights and attending the meeting to be convened by the Office of the High Commissioner for Human Rights if extra budgetary funding is available for exchange of views among the relevant actors; to examine the reports transmitted by the Office of the High Commissioner for Human Rights regarding information on the measures that Governments have taken to eliminate leprosy-related discrimination; and to formulate a draft set of principles and guidelines for the elimination of discrimination against persons affected by leprosy and their family members, for review by the Advisory Committee at its next session in January 2009 and for consideration by the Human Rights Council by September 2009.

SHIGEKI SAKAMOTO, Advisory Committee Expert, introducing the recommendation, said that leprosy was now curable. Discrimination against people affected by leprosy was a serious violation of human rights. He mentioned several amendments.

Action on Recommendation on Refugees from Hunger

In a recommendation to the Human Rights Council (A/HRC/2008/1/L.13) on refugees from hunger: good offices of the Human Rights Council and the Secretary-General, adopted without a vote as orally amended, the Advisory Committee suggests that the Human Rights Council and the Secretary-General should make available their good offices so as to extend the right of non-refoulement to hunger refugees.

JEAN ZIEGLER, Advisory Committee Expert, introducing the recommendation, said that this was a tragedy that had been taking place for a long time. There were many refugees fleeing hunger and dying on the way, often shipwrecked. They needed to extend the right of non-refoulement to hunger refugees. He mentioned an amendment.

Action on Recommendation on the Right to Food in United Nations Refugee Camps

In a recommendation to the Human Rights Council (A/HRC/2008/1/L.14) on the realization of the right to food in United Nations refugee camps, adopted without a vote as orally amended, the Advisory Committee suggests that the Human Rights Council, at its next session, launches an urgent appeal to Member States to increase their voluntary contributions substantially and as soon as possible so as to enable the United Nations High Commissioner for Refugees and other United Nations bodies to discharge their mandates.

JEAN ZIEGLER, Advisory Committee Expert, introducing the recommendation, said that in many refugee camps the amount of rations distributed was completely insufficient. Aid agencies were no longer able to feed refugees appropriately. The amount of kcal of the rations was causing malnourishment of the refugees. The Council should make an urgent appeal to States to increase their voluntary contributions to the United Nations High Commissioner for Refugees so that they are able to distribute the appropriate amount of food rations.

LATIF HUSEYNOV, Advisory Committee Expert, suggested minor changes in the last paragraph.

JOSE BENGOA, Advisory Committee Expert, said that the Committee would weaken the document with interpretation. The appeal from the Committee to the Council was clear. The Council should make an appeal at its next session.

PURIFICACION QUISUMBING, Advisory Committee Expert, said that this was one of the most important draft proposals because of the critical situation and the timeliness of the issue. She suggested an amendment. Other bodies should be included apart from United Nations High Commissioner for Refugees.

JEAN ZIEGLER, Advisory Committee Expert, said that United Nations High Commissioner for Refugees had in recent days become responsible for 1.5 million more refugees in the Caucasus, with the same already limited resources. He said he preferred to keep the text as it stood without interpretation.

VLADIMIR KARTASHKIN, Advisory Committee Expert, said that in his view, Mr. Huseynov’s proposal strengthened the text and he believed that Mr. Ziegler could agree with those changes. He saw no problem in accommodating Mr. Huseynov’s proposals. Further, in response to Mr. Ziegler’s statement, he noted that it was not Georgia they were talking about but South Ossetia.

MIGUEL ALFONSO MARTINEZ, Advisory Committee President, discussed amendments concerning the term ‘extra-territorial obligations’, since this would exclude territorial obligations.

JOSE BENGOA, Advisory Committee Expert, suggested further amendments.

HALIMA WARZAZI, Advisory Committee Expert, said the definition of the Council could be used if there was one.

Recommendation on Right to Food

In a recommendation to the Human Rights Council (A/HRC/2008/1/L.15) on the right to food: programme of work, adopted without a vote, the drafting group on the topic at hand proposes a structure of its report to the Council. The main parts of the structure include the right to food and the current food crisis; its causes; its consequences; State obligations; and recommendations on measures. The drafting group deems necessary that two further related studies be undertaken, and recommends that the Council entrust it with the task of preparing the following studies: “Current food crisis, the right to food and hunger refugees: definition and situation” and “Current food crisis, the right to food and the rights of peasants”. The Advisory Committee requests the Council, at its next session, to approve the preparation of the studies on hunger refugees and the rights of peasants, so that the Advisory Committee may subsequently appoint experts to conduct such studies and determine the timetable for their realization.

JOSE BENGOA, Advisory Committee Expert, introducing the recommendation, said that the Committee had received a mandate from the Council to address the right to food, in particular bearing in mind the global food crisis. The Committee proposed a programme of work. There were many causes and the Committee had provided a list of causes that would be studied. The document also took into account the impact this issue had on peasants. The studies could be started in January.

For use of the information media; not an official record


AC08016E