HUMAN RIGHTS COUNCIL REVIEWS MANDATE ON TOXIC WASTES
The Human Rights Council this afternoon reviewed the mandate of the Special Rapporteur on the adverse effects of the illicit movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights. It also heard a statement from the Chairperson of the Working Group on the right to development and concluded the interactive debate on the reports of the Independent Expert on human rights and international solidarity, the Special Rapporteur on contemporary forms of slavery, and the Special Rapporteur on the sale of children, child prostitution and child pornography.
Okechukwu Ibeanu, Special Rapporteur on the adverse effects of the illicit movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights, said that unfortunately, the illicit dumping of toxic dangerous products and wastes had flourished significantly. No longer was it the case that wastes had been transferred from the “North” to the “South”, but between developing countries and between developed countries themselves. It had indeed become global. It posed a serious threat not only to the environment, but also to the enjoyment of internationally protected human rights.
Arjun Sengupta, Chairperson of the Working Group on the right to development, noted that the Working Group had reached a new consensus on the concrete steps of the road map in progressively improving and refining the criteria to examine the performance of different international partnerships for the implementation of the right to development.
The on-going application of criteria had to be done through a dialogue with institutions responsible for development partnerships, which contributed to their improvement and promoted the implementation of the right to development.
In the review, rationalization and improvement discussion on the mandate of the Special Rapporteur, Côte d’Ivoire, speaking on behalf of the African Group and introducing the mandate, said the African Group remained convinced of the need to strengthen the mandate and called for taking into account all the victims of toxic waste dumping, strengthening of the appropriate international measures, reinforcement of national legislation and national capacities to deal with the issue and for adequate allocation of human and technical resources to the mandate holder, so that the work could be conducted independently and impartially.
Speakers noted that since the creation of the mandate on the adverse effects of the illicit movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights, a significant contribution had been made raising greater awareness about the injustice related to the issue, the victims of which had nothing to do with toxic waste and dangerous products. This issue was an important subject that affected lives and livelihoods of many people and threatened achievement of seven out of eight Millennium Development Goals. It was also mentioned that the mandate should clearly address issues of human rights, and should be kept to cases of illegal movement, as it was in this area that human rights would likely be violated.
Speaking in the general debate on the review, rationalization and improvement of the mandate of the Special Rapporteur on the adverse effects of the illicit movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights were the delegations of France, Nigeria, Ghana, Zambia, and Algeria.
Also speaking were the representatives of the United Nations Environment Programme and Association of World Citizens.
In the interactive dialogue on contemporary forms of slavery, sale of children, child prostitution and child pronography, and international solidarity, many reaffirmed their commitment to work in cooperation with the Special Rapporteurs and Independent Expert in fulfilling their mandates. With regard to international solidarity Member States stressed the need for international solidarity rather than cooperation that was selective and sometimes counter-productive. The Special Rapporteur was recommended to conduct regional and transnational missions due to the regional dimension of the sale of children and child prostitution and the link to organized crime, and to coordinate efforts, and consult with other mandate holders.
In concluding remarks, Gulnara Shahinian, Special Rapporteur on contemporary forms of slavery, including its causes and consequences, said many questions had been asked on methods of work and cooperation. Cooperation with all mandates was indispensable. Consultations and coordination with other mandate holders was also important in order to avoid overlapping work and to share relevant information. In terms of awareness-raising, contacts had been established with governmental organizations and non-governmental organizations, and they had already prepared a webpage to highlight the work of the mandate. As racial discrimination was one of the root causes of slavery, she had sent her contribution to the Durban Review process in preparation for the Conference. In addition, she had agreed to participate in a conference on migrant and domestic workers in Manila, and in the third World Congress against Commercial Sexual Exploitation of Children and Adults.
Najat M’jid Malla, Special Rapporteur on the sale of children, child prostitution and child pornography, in concluding remarks, said she had been delighted to see the strategic proposals that some countries had been establishing and implementing to confront these phenomenon. She thanked those countries that had made a strong plea for the ratification of the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography. She welcomed the acceptance of the integrated approach based on transversality of this problem that she had outlined. That would be the basis of her structural analysis of the causes underlying the problem of child pornography, which had national and transnational dimensions
Speaking in the interactive dialogue on contemporary forms of slavery, sale of children, child prostitution and child pornography, and international solidarity were the delegations of Sri Lank, Thailand, Tunisia, Turkey, Cuba, France, Bangladesh, Malaysia, Netherlands, Belarus, Costa Rica, African Union, Sweden, Algeria, the United Kingdom, Burkina Faso, the Islamic Republic of Iran, Nigeria, Israel, Venezuela, Uruguay, and Argentina.
Also speaking were the representatives of Franciscans International (Joint Statement), New Humanity (Joint Statement), Federation of Cuban Women, Centrist Democratic International, and the Federacion de Asociaciones de Defensa y Promocion de los Derechos Humanos.
The Human Rights Council will meet at 10 a.m. on Monday, 15 September iin closed meeting to take up its complaint procedure. At 3 p.m., it is scheduled to hear the report of the Special Rapporteur on the human rights situation in Sudan.
Statement by Special Rapporteur on Dumping of Toxic and Dangerous Products and Wastes in Context of Review, Rationalization and Development of the Mandate
OKECHUKWU IBEANU, Special Rapporteur on the adverse effects of the illicit movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights, said that the inception of the mandate came about due to the increasing movement of hazardous wastes and products across the globe. Traditionally the movement of such wastes was limited to movement from the north to the south of developing countries. Unfortunately, the illicit dumping of toxic dangerous products and wastes had flourished significantly since then. No longer was it the case that wastes had been transferred from the “North” to the “South”, but between developing countries and between developed countries themselves. It had indeed become global.
Illicit traffic in and dumping of toxic and dangerous products and wastes posed a serious threat not only to the environment, but also to the enjoyment of internationally protected human rights - the right to life, the enjoyment of the highest attainable standard of physical and mental health, the rights to clean water, food, adequate housing and safe and healthy working conditions, as well as other human rights enshrined in the Universal Declaration of Human Rights and other international human rights instruments.
Mr. Ibeanu said this mandate had been instrumental to raising awareness about the human rights impact of the transboundary movement of toxic dumping and dangerous products and wastes. It had systematically worked with a variety of actors including the Basel Convention, the Stockholm Convention, the Rotterdam Convention, the Aarhus Convention and the Strategic Approach to International Chemical Management in reminding environmental bodies that there was a human face to waste management and environmental issues. The mandate also worked with officials of Governments not only to draw attention to the negative human rights consequences of toxic and dangerous products and wastes, but also to take concrete actions to protect victims and ensure remedy.
The mandate as currently conceived only dealt with the transboundary movement of waste. Yet, the experience of the mandate over the past 13 years was that illicit movement and dumping of toxic and dangerous products and wastes also occurred within countries, especially from affluent, usually urban to poor rural areas.
Review, Rationalization and Improvement of Mandates: Mandate on Toxic Waste
KABLAN PORQUET (Côte d’Ivoire), introducing on behalf of the African Group the mandate of the Special Rapporteur on the adverse effects of the illicit movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights, said that, since the creation of this mandate in 1995, a significant contribution had been made to the debate by all mandate holders. The contribution had also been made to a greater awareness about the injustice related to the issue, the victims of which had nothing to do with toxic waste and dangerous products.
The African Group remained convinced of the need to strengthen the mandate and called for taking into account all the victims of toxic waste dumping, strengthening of the appropriate international measures, reinforcement of national legislation and national capacities to deal with the issue and for adequate allocation of human and technical resources to the mandate holder, so that the work could be conducted independently and impartially. Developed countries must not see developing countries as a dumping ground for their toxic waste and dangerous products. The African Group hoped developed countries would ensure the transfer to developing countries of knowledge, know-how and experience in dealing with toxic waste and dangerous products.
SIDONIE THOMAS (France), speaking on behalf of the European Union, said that the European Union supported the appeal to States in dealing with their obligations to address the issue of the adverse effects of the illicit movement and dumping of toxic and dangerous products and wastes. However, the European Union considered that other United Nations bodies were more relevant in addressing this problem, including the evaluation of existing mechanisms. The mandate should be clearly addressing issues of human rights. The European Union had continued to cooperate with the mandate, and a number of European Union States have received visits from the mandate holder. They had carefully listened to the Special Rapporteur in the extension of the mandate, and favoured the mandate being kept to cases of illegal movement, as it was in this area that human rights would likely be violated.
OSITADINMA ANAEDU (Nigeria) said that the Special Rapporteur had dealt extensively with the issue of toxic wastes. That problem constituted a dangerous threat to human rights, including the right to life and the right to the highest attainable physical health. Nigeria believed that his mandate should go further and address, among others, the human rights standards applicable to transnational corporations and the question of assistance to victims. Resources should be made available to the mandate. It was unfortunate that the mandate had been, until now, the one that had received least financial support.
MERCY YVONNE AMOAH (Ghana) noted the conclusions and recommendations contained in the report of the Special Rapporteur on toxic wastes. This issue was an important subject that affected lives and livelihoods of many people and threatened achievement of seven out of eight Millennium Development Goals. The mandate had not been sufficiently funded and Ghana joined others in calling for more resources to be provided. Ghana also endorsed the call for expansion and enhancement of the mandate to include the adverse effects of all illicit movements and dumping of toxic and dangerous products and wastes on the enjoyment of human rights.
ENCYLA M. SINJELA (Zambia) supported the statement made by Côte d’Ivoire on behalf of the African Group. Zambia also supported the extension and continuation of the mandate for the Special Rapporteur on the adverse effects of the illicit movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights.
LARBI DJACTA (Algeria) said Algeria was fully aware of the close links between the illicit movement and dumping of toxic waste and the capacity of individuals to fully enjoy their human rights. Algeria expressed its support to the Special Rapporteur and its appreciation for his work. His mandate would benefit from enhancement and expansion to include all adverse impacts of the illicit movement and dumping of toxic and dangerous products and wastes on human rights. Algeria reaffirmed the call of the African Group for an increase in resources in order to ensure effective implementation of the mandate.
GENEVIEVE JOURDAN, of the Association of World Citizens, supported the Special Rapporteur on toxic wastes, who had an enormous task ahead of him. The health of people, in particular, the health of indigenous people affected was of great importance. It was asked how it was possible to ensure the full responsibility of States to provide measures for the health of their peoples. The impact this had on the population, and the foetus was paramount.
KABLAN PORQUET (Côte d’Ivoire), speaking on behalf of the African Group, said that it was true that the dumping of dangerous products and toxic waste was being dealt with in other bodies, such as the Basel Convention. But the problem was linked to human rights, especially the right to health. Thus, the Council was the appropriate forum to discuss this problem. In Côte d’Ivoire, the fundamental rights of its citizens had been violated through the dumping of toxic waste. It was essential for the Council to keep this problem in the limelight.
Statement by Chairperson of Working Group on the Right to Development
ARJUN SENGUPTA, Chairperson of the Working Group on the Right to Development noted the progress made since the Working Group on the right to development had been established. He informed the Council that the Working Group had reached a new consensus on the concrete steps of the road map in progressively improving and refining the criteria to examine the performance of different international partnerships for the implementation of the right to development. He thanked all regional groups and delegations for their hard work and commitment that had led to the consensual outcomes.
The Working Group on the right to development believed that the on-going application of criteria had to be done through a dialogue with institutions responsible for development partnerships, which contributed to their improvement and promoted the implementation of the right to development. The criteria were to be accompanied by operational sub-criteria based on analysis of the partnerships covering various aspects of Millennium Development Goal 8.
In 2007, the consensus of the Working Group on the right to development had provided for a road map and work plan over three phases. In 2008, the consensus of the Working Group allowed for further detailing and clarifying the agreed road map, which constituted the main achievement of the ninth session of the Working Group, contained in paragraphs 38 to 46 of the Working Group report A/Human Rights Council/9/17.
Mr. Sengupta said the Working Group first had recommended that the task force give priority to improving criteria in light of the lessons learned from their application and taking into account relevant international instruments and the views expressed by the States at its ninth session. In phase II of the road map, which would conclude in the next Working Group session in June 2009, the Working Group recommended the task force to continue constructive dialogue with relevant partners, organizations and institutions, give priority to the issue of access to essential medicines in developing countries and other dimensions necessary to ensure that access, and to send a formal invitation to MERCOSUR to enter into dialogue on its contributions to the realization of the right to development.
In phase III, scheduled for completion in 2010, the Working Group recommended the task force to study thematic issues of debt relief and transfer of technology, encouraging dialogue with the institutions responsible for the Heavily Indebted Poor Countries and Multilateral Debt Relief Initiative and to consolidate its findings and present a revised list of rights to development criteria and sub-criteria, including aspects of international cooperation not yet covered for consideration.
The Working Group on the right to development recommended that the Human Rights Council extended the mandate of the task force on the implementation of the right to development until the eleventh session of the Working Group in 2010. Also, Mr. Sengupta proposed the expansion and reorganization of the membership of the task force in order to treat properly new areas and new themes that had been brought to its attention, such as access to essential medicines in developing countries, debt relief, transfer of technology and others.
Continuation of Interactive Dialogue on Contemporary Forms of Slavery, Sale of Children and Child Pornography and Human Rights and International Solidarity
RAJIVA WIJESINHA (Sri Lanka) said that the Independent Expert on human rights and international solidarity had requested suggestions as to areas of concern. Terrorism was so destructive of human rights that it must surely be on e of the most important fields for international solidarity. The Independent Expert referred to the problems of natural disasters, but it was equally important to think of man made disasters. During the Universal Periodic Review, Sri Lanka drew attention to the need for international cooperation to stop terrorist funding. Sri Lanka stressed the need for international solidarity rather than cooperation that was selective and sometimes even counter-productive. Working together against terrorism should not be a matter of geography or race or religion. Statements that suggested that some terrorism was excusable and that some countries struggling against terrorism should be indulgent should have no place in the United Nations. Sri Lanka requested the Independent Expert on human rights and international solidarity to address this issue too.
LADA PHUMAS (Thailand) congratulated the Special Rapporteur on contemporary forms of slavery and welcomed the findings in her report. Thailand hoped that contemporary forms of slavery would be acted upon at all levels, including the Human Rights Council and other relevant stakeholders. This was a daunting task for the Special Rapporteur, and as such, the Government of Thailand commended the Special Rapporteur for the task ahead. On the sale of children, the Government of Thailand thanked the Special Rapporteur for her report, and committed to work closely and constructively in realizing her mandate. It was hoped that she had been building on the previous work of the Special Rapporteur with regard to this mandate, especially on country visits, in which concrete measures and practices had been envisaged. Thailand noted with concern that secondary sources could establish the basis for country visits before receiving any information from the country in question. It was recommended that the Special Rapporteur address this in a holistic and comprehensive manner and the country visit be based on information also submitted by the country in question.
MOHAMED CHAGRAOUI (Tunisia) said that engagement of States and non-governmental organizations in international solidarity represented the only antidote to growing national egoisms and was the efficient remedy against all forms of exclusion and marginalization that fuelled hatred, extremism and terrorism. All these permitted the understanding of the political importance of the initiative President Zine El Abidine Ben Ali presented in 1999, with a view to establish a World Solidarity Fund, created in 2000 with the objective of financing development projects; it represented an important tool and instrument of the United Nations. Solidarity in Tunisia was seen as a fundamental human right. Tunisia put in place mechanisms to ensure that all regions and all citizens benefited from the opportunities created by the economic growth, notably the National Solidarity Fund, created in 1997.
ALI ONANER (Turkey) welcomed the first reports of the Special Rapporteurs on contemporary forms of slavery and on the sale of children, child prostitution and child pornography, and the report of the Independent Expert on human rights and international solidarity. Ms. Shahinian’s focus was on contemporary forms of child labour and Turkey concurred with her that raising awareness on all levels was crucial. Turkey encouraged her to collect best practices in the private sector. Turkey also asked how education could be promoted in this context. Would it be useful to join efforts with the Special Rapporteur on the right to education?
RESFEL PINO ALVAREZ (Cuba) said Cuba attached particular importance to the mandate of the Independent Expert on human rights and international solidarity, and welcomed his report. In a world plagued by inequalities and neo-liberalism, international solidarity should not be seen as acts of charity nor should it be seen as demands from a particular country on another. The strengthening of political will was of vital importance, giving up egotism and consumer hysteria was necessary for international solidarity to be realized. It had been founded on human equality, and social justice for the well-being of others. Cuba supported the drafting of a report on international solidarity and also supported the Independent Expert in the continuation of work within the mandate. Cuba recommended that the work of the Independent Expert be continued in consultation with non-governmental organizations and other relevant stakeholders. International solidarity and cooperation was of great importance to countries that had less, and for the concept of sharing between States who had more. This situation as was the case in Cuba had devastating effects and needed to be addressed once and for all.
SIDONIE THOMAS (France), speaking on behalf of the European Union, enquired about the future plans of the Special Rapporteur on contemporary forms of slavery. The European Union welcomed her intention to work more and better with regional organizations and wanted to know what countries she planned to visit next year. Also, given all the forms of slavery, traditional and contemporary, what did the Special Rapporteur see as a priority for her mandate.
The European Union appreciated the report presented by the Special Rapporteur on the sale of children, child prostitution and child pornography and agreed on the detailed methodology she planned to use in her work, particularly those in relation to ensuring continuity. The European Union attached particular importance to the rights of the child and supported the mainstreaming of those rights in all their work and policies. The European Union encouraged the Special Rapporteur to go along the path she had outlined in her report and supported the thematic focus she had chosen for her next report.
MUSTAFIZUR RAHMAN (Bangladesh) said concerning the report on human rights and international solidarity, the culture of international solidarity should be nurtured by shared responsibility and cooperation. Bangladesh underlined that the realization of the right to development was also affected by international cooperation.
ALEXANDRE GUIDO LOPES PAROLA (Brazil) warmly welcomed the mandate holders and their fruitful presentations on contemporary forms of slavery, on the sale of children, child prostitution and child pornography, and on international solidarity. The advancement of economic globalization impacted labour activities in many ways. On the one hand, it provided new job opportunities, as a result of increasing production and trade. On the other, it was blamed for structural unemployment, precariousness of work and the aggravation of poverty. International solidarity must be concretely exercised, strengthening South-North and North-South cooperation in all fields, especially in human rights. As a response to these challenges, the International Labour Organization (ILO) had made significant efforts to elaborate and to implement the Global Agenda on Decent Work. The commitment of the ILO members to the agenda also resulted in the elaboration of National Plans for the Promotion of Decent Work, as a strategy for overcoming poverty and reducing social and economic imbalances. Brazil was one of the few countries that recognized the persistence of contemporary forms of slavery in its territories.
JOHAN ARIFF ABDUL RAZAK (Malaysia) said that, with regard to the sale of children, Malaysia noted with approval the vision of the Special Rapporteur articulated in her report and supported her proposal to develop a holistic and integrated system geared towards the protection of the child. Malaysia was fully supportive of any in-depth study of the socio-economic factors underpinning child pornography. It looked forward to the Special Rapporteur‘s findings in this regard. On international solidarity, Malaysia was satisfied with the preparation work by the Independent Expert for a draft declaration. Malaysia would continue to encourage the Independent Expert in his work.
ARJAN LUCAS (Netherlands) said that it was excellent for the Special Rapporteur on contemporary forms of slavery to focus specifically on domestic labour and child labour. The Netherlands supported the Special Rapporter in her plan to analyse the structural causes in modern forms of slavery such as children working in sweatshops as well as in more traditions forms such as bonded labour. The Netherlands wanted to know whether she also intended to analyse possible measures to eradicate economic exploitation of children, for instance by trade measures.
ANDREI USOLTSEV (Belarus) said that in 2006 the Government of Belarus had proposed a global partnership for slavery and trafficking in persons, and subsequently the General Assembly had adopted a resolution in favour of this partnership. The Government of Belarus was committed to work on this topic and reaffirmed its ongoing commitment. The mandate before the Special Rapporteur was an effective platform for addressing contemporary forms of slavery. Belarus also noted that the mandate was comprehensive and was not limited to economic aims or purposes. The problem of trafficking in children had not yet found a long-term effective solution. However, Belarus noted that it was only seen in developing countries. Belarus asked the Special Rapporteur what was the cause of increased child pornography and paedophilia, what measures were available to combat this issue, and what measures of the national and international nature were needed to combat trafficking of children’s organs.
ALEXANDRA SEGURA HERNANDEZ (Costa-Rica) said that Costa Rica welcomed the integral approach of the Special Rapporteur on the sale of children, child prostitution and child pornography in carrying out her mandate. The importance she attached to prevention was welcome. It was important to clarify what underlined this scourge. This problem was one of Costa Rica’s basic concerns. In 2007 Costa Rica had approved a string of laws protecting minors, including from child pornography and child prostitution.
YAKDHAN EL HABIB, of the African Union, said that Africa was the country that was historically and in the present most afflicted by slavery. Therefore, collaboration with the African Union was crucial for the mandate of the Special Rapporteur. Also, the link between racism and slavery was clear. The fight against slavery could not be dissociated from the fight against racism. It would be appropriate to consider a substantive contribution of the Special Rapporteur to the Durban Review Conference.
LARS NORDLANDER (Sweden) said that Sweden aligned itself with the statement by France on behalf of the European Union. Sweden welcomed the first report submitted by the Special Rapporteur on the sale of children, child prostitution and child pornography. Sweden agreed that the mandate should not be taken in isolation from other related mandates. There was a close link between her mandate and those on violence against children, violence against women and that of the Special Representative on children and armed conflict, and there was every reason for those mandates to coordinate. Sweden encouraged the Special Rapporteur to conduct regional and transnational missions due to the regional dimension of the sale of children and child prostitution and the link to organized crime, although much of the abuse took place also at a national and domestic level. Sweden welcomed the proposed themes for the Special Rapporteur’s upcoming reports on child pornography, the sale of children’s organs and the sale of children for adoption. All three themes indicated that stakeholders gripped both the supply and the demand side of this ugly phenomenon. Sweden was the first country to host a World Congress against Sexual Exploitation of Children. The Third World Congress, mentioned in the report, was scheduled to take place in November 2008, and Sweden expressed thanks to Brazil as the host. Sweden urged all States who had not done so to sign the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography.
IDRISS JAZAIRY (Algeria) commended the Independent Expert on human rights and international solidarity for his work. The implementation of the right to international solidarity and to development required States, as members of international organizations, to show consistency. They could not adopt contradictory positions in the different organizations. What was the value of the positions of those who said that poverty was a human rights violation and that were, at the same time, giving important subventions to their agriculture. Governments had extra-national obligations to respect, protect and realize in economic, social and cultural areas through international cooperation. The Special Rapporteur was invited to tackle these questions.
PETER GOODERHAM (United Kingdom) said that the mandate of the Special Rapporteur on contemporary forms of slavery filled what until now had been a protection gap in the United Nations human rights system. With regard to child labour, the United Kingdom encouraged the Special Rapporteur to focus on the worst forms of child labour as defined in the International Labour Convention 182. Her cooperation with other Special Rapporteurs was highly welcome, such as with the Special Rapporteur on trafficking in humans and the Special Rapporteur on the sale of children, child prostitution and child pornography. The United Kingdom would like to know more about the planned cooperation. The United Kingdom was pleased that the Special Rapporteur had highlighted the need for action at all levels to tackle the abhorrent practices outlined in her mandate and in her report. In this regard, the United Kingdom especially welcomed the added emphasis she had placed on the need to focus on the national level.
MARC SOMDA (Burkina Faso) said that Burkina Faso associated itself with the declaration made by Egypt on behalf of the African Group. Burkina Faso thanked the Independent Expert on international cooperation and solidarity; the report provided concrete methods and measures. The Government of Burkina Faso was committed to making a contribution to the work of the Independent Expert in this regard. On the issue of forced and child labour, this was of particular importance. The Government of Burkina Faso prohibited child labour and was particularly familiar with the phenomenon in the local industries of the country, namely, agriculture and mining. Burkina Faso had been active in combating this phenomenon whose causes were not social or economic in nature. The Government was also active in campaigning among the population, and had established associations in this regard to work with children in the countryside. Concerning the phenomenon of the sale of children, the country was familiar with these practices, and in 2003 defined and punished trafficking in children. For the period of 2005-2009 the Government had created a programme aimed at addressing this problem, which provided monitoring committees throughout the territories and worked with children locally.
MOHAMMAD REZA GHAEBI (Iran) thanked the Independent Expert on human rights and international solidarity for his excellent work. International assistance and cooperation had to be oriented as a matter of priority toward the realization of all human rights and the Millennium Development Goals. It was crucial to identify and differentiate, in depth, the responsibilities that could be assigned to States, international organizations and non-State actors in reference to international assistance and cooperation. The responsibilities of States included the obligation to abstain from participating in decisions of international organizations that might obstruct or hinder the realization of economic, social and cultural rights and the right to development. Iran attached high importance also to the work of the mandate of the Special Rapporteur on the sale of children. Iran was concerned about the increasing trend of this phenomenon in certain parts of the world. They were of the view that the promotion of spirituality and morals, as well as cultural and religious values on the one hand, and the strengthening of the foundation of family on the other hand, would highly contribute to the elimination of different forms of child sexual exploitation.
IFEANYI E. NWOSU (Nigeria) said that Nigeria supported the recommendations by the Special Rapporteur on the sale of children, child prostitution and child pornography. Nigeria also supported the scope of her mandate and believed that an in-depth analysis of cultural and social factors in this context was needed. Nigeria endorsed the Special Rapporteur’s proposal to present reports on child pornography and other related issues. Nigeria would also urge the Special Rapporteur to develop an advocacy programme. Finally, Nigeria believed that international solidarity was needed to achieve the goal of protection of human rights.
HILLARY STAUFFER (Israel) said that both for ancient historical reasons, and as a reflection of Israel’s current robust anti-trafficking efforts, Israel welcomed the establishment of the new mandate on contemporary forms of slavery. Israel was a regular supporter of the United Nations’ Voluntary Trust Fund that was established to combat this phenomenon. Moreover, Israel was party to many of the international legal instruments that formed the basis for the Special Rapporteur’s work, including several of the major human rights treaties and International Labour Organization Conventions No. 29 and 105 regarding forced labour. Israel was pleased announce that in July 2008, Israel ratified the Palermo Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. They wished the new Special Rapporteur every success in fulfilling her mandate. Israel was a co-sponsor of Resolution 7/13, which extended the mandate of the Special Rapporteur on the sale of children, child prostitution and child pornography. Israel welcomed the new mandate holder into her role, and pledged to support her work, as they did with her predecessors. Israel had recently ratified the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography.
ENZO BITETTO GAVILANES (Venezuela) said that Venezuela fully supported the mandate of the Independent Expert on human rights and international solidarity. In Venezuela, international solidarity was one of their lofty principles and a key element. The national constitution of Venezuela established that solidarity should direct international relations as an element contributing to the progress and well-being of the people. It was seen as a union of interests and objectives among States. For Venezuela, international solidarity was a part of human rights. The model of integration that Venezuela was promoting in the region was a true integration based in economic complementarity and cooperation between peoples.
MARIA LOURDES BONE DADALT (Uruguay) said that the mandate of the Special Rapporteur on the sale of children, child prostitution and child pornography represented a useful toolbox for governments to take measures against these crimes. Uruguay also expressed its support for the topics chosen by the Special Rapporteur for her upcoming reports: child pornography, sale of children’s organs and sale of children for adoption. One topic was not more important than the other and the Special Rapporteur could count on the full support of Uruguay. Uruguay particularly welcomed the inclusion of the topic of sale of children for adoption, since this was a topic of growing importance and was not very well known.
SILVIA FERNANDEZ (Argentina) thanked the Special Rapporteurs for their reports and the presentations they had provided. Argentina aligned itself with the statement made by Chile on behalf of the Group of Latin American and Caribbean Countries. The Government of Argentina for quite some time had been providing assistance to victims of trafficking in persons with such acts being punishable for a minimum of three years up to a maximum of 15 years of imprisonment. A programme for the prevention and eradication of trafficking in persons had been created, as well as a protocol aimed at assisting victims of trafficking in persons. In addition, the National Council for Children, Adolescence and their Families was created, which promoted studies and research on smuggling children with a view to engage in sexual exploitation and child pornography. The Government was actively engaged in this phenomenon and had carried out the organization of the preparatory meeting for the Third World Conference.
DENISE BOYLE, of Franciscans International, in a joint statement with World Organization against Torture, said that the first report on contemporary forms of slavery would raise greater awareness and provide for measures in order to tackle a scourge that still affected tens of millions of people. This included ensuring a victim’s right to effective remedies and redress. The effective abolition of slavery had to be a top priority in the Council. The Special Rapporteur’s focus on forced labour, child labour and domestic work was welcomed. Did the Special Rapporteur intend to address the issue of forced marriages, which represented a slavery-like practice?
JORGE M. DIAS FERREIRA, of New Humanity, in a joint statement with International Catholic Child Bureau, addressed two aspects in Mr. Riziki’s report. First was the link between international solidarity and international cooperation in the context of the United Nations Charter and the international human rights instruments, including a significant connection with the Working Group on the Right to Development. To be effective, those partnerships had to be based on solidarity and could not be merely restricted to operational instruments. Partnerships had to be considered under the human rights-based approach, not only at individual level but also between public and private institutions. Second, international solidarity was linked to obligations to respect, protect and fulfil and that needed to be explored in the next report.
CAROLINA AMADOR PEREZ, of the Federation of Cuban Women, said that true solidarity was based on universal equality between men and women regardless of creed, ethnicity or any other grounds. The Federation recognized the equal dignity of all humanity, and urged members to work against the rise of neo-liberal movements, and the egotistical drive for profits. Solidarity meant that all humanity shared all the heritage of mankind, which excluded no one. The right of peoples was understood as an inherent right. Cuba had recently been ravaged by hurricanes, and was thankful for the support received by other countries. However, response to international disasters was only part of, but not the full scope of, international solidarity. To ensure that human rights were effective was to understand all the guidelines provided in international human rights instruments, and for States not to impose conditions.
CALIXTO NAVARRO, of Centrist Democratic International, saluted the report of the Special Rapporteur on international solidarity. Respect for human rights, international cooperation and successful development were inextricably linked. When they were absent, the consequences could range from Government cover-ups of health threats to failure to aid civilians during a natural catastrophe. States around the world had passed laws that in practice limited and in some cases criminalized international solidarity and described funds that arrive from sources outside of the country as tainted and their acceptance as treasonous. Those laws fell outside of the spirit of recognized international norms. The right to development was, as recognised in the Declaration on the Right to Development, an inalienable human right. How could the international community achieve equitable development and international solidarity in countries in which power resided with regimes that neither recognized nor applied international human rights or solidarity standards and restricted the flow of assistance in to their own countries?
DAVID FERNANDEZ PUYANA, of the Federacion de Asociaciones de Defensa y Promocion de Los Derechos Humanos, regretted the fact that Mr. Riziki had not been present during the debate and to present his report, and felt he had not provided satisfactory explanations as to his absence. Mr. Riziki had produced a questionnaire as a preparatory step towards the draft declaration on the rights of peoples and individuals to international solidarity and the Federacion encouraged all concerned to respond. The Spanish Association for International Law was carrying out a worldwide exercise to decide on the scope of the right to peace. All relevant national and international actors were invited to take part in that process and join that partnership that would organize the World Conference on the Right to Peace in Geneva in 2010. It was expected that this Conference would come up with a text of a Universal Declaration on the Right To Peace.
Concluding Remarks by Mandates on Contemporary Slavery and on Sale of Children, Child Prostitution and Child Pornography
GULNARA SHAHINIAN, Special Rapporteur on contemporary forms of slavery, its causes and consequences, in concluding remarks, said many questions had been asked on methods of work and cooperation. Cooperation with all mandates was indispensable. Consultations and coordination with other mandate holders was also important in order to avoid overlapping work and to share relevant information. In terms of awareness-raising, contacts had been established with governmental organizations and non-governmental organizations, and they had already prepared a webpage to highlight the work of the mandate. As racial discrimination was one of the root causes of slavery, she had sent her contribution to the Durban Review process in preparation for the Conference. In addition, she had agreed to participate in a conference on migrant and domestic workers in Manila, and in the third World Congress against Commercial Sexual Exploitation of Children and Adults. Cooperation with the mandate for education was also important, and she was planning on working closely together on materials for distribution to schools on the issue of slavery. She had a big commitment to working with the business community and wanted to work with the Special Representative of the Secretary-General on transnational corporations to see how corporations could address child labour issues and to develop a new model as well as a monitoring mechanism.
With regard to country visits, Uzbekistan, Brazil and Bangladesh were scheduled for visits, and during them she intended to review policies, root causes of slavery, as well as best practices, Ms. Shahinian said. She intended to publish a book on best practices as a resource for other countries facing that challenge and to show that slavery could be eradicated. On the issue of which forms of slavery she was focusing on, in particular why the report focused on forced labour that was carried out by private enterprise, the Special Rapporteur pointed out that, according to International Labour Organization reports, over 64 per cent of forced labour came from private sector enterprise. Those included the worst forms of bondage, with women as the main victims, and as such deserved considerable attention. Finally it was particularly important to look at legislation regarding domestic labour, and she was going to work with Governments to develop agreements in this area to protect people.
NAJAT M’JID MALLA, Special Rapporteur on the sale of children, child prostitution and child pornography, in concluding remarks, said she had been delighted to see the strategic proposals that some countries had been establishing and implementing to confront these phenomenon. She thanked those countries that had made a strong plea for the ratification of the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography. She welcomed the acceptance of the integrated approach based on transversality of this problem that she had outlined. That would be the basis of her structural analysis of the causes underlying the problem of child pornography, which had national and transnational dimensions.
Another point Ms. Malla supported was coordination and cooperation between all actors and stakeholders. That was essential. She was looking for a sustained and effective dialogue with other actors – States, agencies and non-governmental organizations working with children, treaty bodies and other Special Rapporteurs – in elaborating a partnership to ensure the continuity of her mission. Concerning the question of visits, they were part of the continuity of the mandate, as the next one had been scheduled by her predecessor. The provisions for joint visits with other Special Rapporteur whose mandates were overlapping was also important. It was also important to conduct visits with a view to ensuring the implementation of prior recommendations.
For use of the information media; not an official record
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