HUMAN RIGHTS COUNCIL ADVISORY COMMITTEE OPENS THIRD SESSION

The Human Rights Council Advisory Committee this morning opened its third session, hearing opening statements, electing its new bureau, adopting its agenda and organization of work and discussing a draft set of principles and guidelines to eliminate discrimination against persons affected by leprosy and their family members.

After hearing introductory statements by Bacre Waly Ndiaye, Director of the Human Rights Council and Treaties Division, Office of the High Commissioner for Human Rights, and Alex Van Meeuwen, President of the Human Rights Council, the Council elected, by acclamation, Halima Embarek Warzazi as Chairperson; José Antonio Bengoa Cabello as Vice-Chairperson; Purificacion V. Quisumbing as Vice-Chairperson; Jean Ziegler as Vice-Chairperson; and Latif Huseynov as Rapporteur.

This was followed by a moment of silence for all the victims of human rights violations.

Bacre Waly Ndiaye, Director of the Human Rights Council and Treaties Division, Office of the High Commissioner for Human Rights, said during this session the discussion at the Advisory Committee would focus on the elimination of discrimination against persons affected by leprosy, best practices in the field of missing persons, discriminatory practices in the context of the right to food, and human rights education and training. He stressed that the contribution of the Human Rights Council and of the Advisory Committee in the follow-up to the Durban Review Conference was essential.

Alex Van Meeuwen, President of the Human Rights Council, said during the tenth and eleventh sessions, the Council adopted 47 texts, most of which were by consensus; appointed Special Procedures mandate-holders to fill vacant posts; and established new mandates such as the Independent Expert in the field of cultural rights and the Independent Expert on the situation of human rights in Sudan. Moreover, by the end of this year, the Council would have reached the half-way mark in reviewing the human rights records of all 192 United Nations Member States; a landmark achievement.

Subsequently, the Council began consideration of requests made to it by the Human Rights Council, stemming from the Council’s resolutions, starting with a draft set of principles and guidelines to eliminate discrimination against persons affected by leprosy and their family members,

Shigeki Sakamoto, Advisory Committee Expert, presenting the working paper on a draft set of principles and guidelines to eliminate discrimination against persons affected by leprosy and their family members, said the principles and guidelines formulated were intended to promote, protect, and ensure full and equal enjoyment of all human rights and fundamental freedoms, as well as to promote respect for the inherent dignity of those affected. Various steps should be taken, including prohibiting segregation policies, and establishing a programme of assessment, promoting community involvement in overcoming stigma, ensuring an integrated healthcare system, and fostering cooperation between the public and private sectors. Human rights education was required to combat the sigma and discrimination deeply rooted in society, and legal literacy was also important for persons affected to recognise their own rights.

During the discussion on the elimination of discrimination against persons affected by leprosy and their family members, Committee Experts raised concerns and questions on, among other things, the question of liberty and segregation which was of concern; focus on the historical context with regard to the prevailing stigma associated with persons affected by leprosy was welcomed; and the recommendation to implement educational programmes to do away with the stigma was also welcomed. Experts requested the inclusion of some examples of educational programmes, if any, to be included in the report. Further information was requested regarding the guideline on segregation of individuals affected with leprosy. Experts also stressed the importance of looking at the societal level in terms of addressing this issue, and not just the legislative and State levels.

Speaking in the discussion were Committee Experts Chinsung Chung, Vladimir Kartashkin, Miguel Alfonso Martinez, Latif Huseynov, Purificacion v. Quisumbing, Shiqiu Chen, Dheerujlall Seetulsingh, Baba Kura Kaigama, Mona Zulficar, and Emmanuel Decaux.

The Advisory Committee will resume its meeting this afternoon at 3 p.m., when it will continue its consideration of the request made to it by the Human Rights Council on the elimination of discrimination against persons affected by leprosy and their family members.

Opening Statements

BACRE WALY NDIAYE, Director, Human Rights Council and Treaties Division, Office of the High Commissioner for Human Rights, said some of the main elements at stake during this session included elimination of discrimination against persons affected by leprosy, best practices in the field of missing persons, discriminatory practices in the context of the right to food, and human rights education and training. Discrimination in relation to leprosy continued to have a pervasive impact in the enjoyment and protection of several civil, political, economic, social and cultural rights. Discriminatory norms and practices were especially disturbing considering decades of effective cure for the disease, and clear legislation prohibiting any form of discrimination. It was of concern that overall health-related discrimination was rampant, and the Office had consistently expressed the view that leprosy should be seen in the wider context of neglected diseases, in particular neglected tropical diseases. When addressing the issue of missing persons, the focus should be on victims of displacement in times of violence or armed conflict, as well as on those who were reported missing through coercive action, including the victims of enforced disappearances.

The Office of the High Commissioner for Human Rights welcomed the Advisory Committee's focus at this session on the issue of discrimination in the context of the right to food. The Office needed suggestions on concrete actions to be taken at the national level in order to strengthen a human rights perspective in response to the food and economic crisis. The Advisory Committee could play an important role in providing clear analysis and valuable guidance in this regard. In relation to the drafting by the Committee of a United Nations declaration on human rights education and training, the Office of the High Commissioner for Human Rights believed that this declaration should offer a comprehensive, clear definition of human rights education. It should spell out education activities encompassing fundamental human rights principles such as equality and non-discrimination. Much of what the Committee was doing embraced the principles of equality and non-discrimination. The outcome document of the Durban Review Conference acknowledged that racism existed in all societies, and that it was the responsibility of Governments to address it and strengthen a victims-oriented approach to discrimination, including improved assistance and affirmative action policies. The contribution of the Human Rights Council and of the Advisory Committee in the follow-up to the Conference was essential.

ALEX VAN MEEUWEN, President of the Human Rights Council, said he would ensure that the Human Rights Council fulfilled its responsibility to promote and protect human rights. In order to achieve this it had to strengthen its partnerships with civil society and in particular, national human rights institutions. Between the Council’s tenth and eleventh sessions, productive discussions were held with over 30 Special Procedures mandate-holders on a wide range of issues, from economic, social and cultural rights to civil and political rights. The work of the Council resulted in the adoption of 47 texts, most of which were by consensus. Moreover, the Council appointed several Special Procedures mandate-holders to fill posts left vacant, and established new mandates such as the Independent Expert in the field of cultural rights and the Independent Expert on the situation of human rights in Sudan. Shortly after the Advisory Committee’s session in January, the Council held a Special Session on the negative impact of the global economic and financial crises, which sent an important signal to the most vulnerable groups in the society that the Council should and could address all emerging challenges, which had implications for human rights.

Over the last few months, another 32 States were reviewed under the Universal Periodic Review, and by the end of this year, they would have reached the half-way mark in reviewing the human rights records of all 192 United Nations Member States; a landmark achievement, underscored Mr. Meeuwen. The Council held a number of panel discussions focusing on important human rights themes. During the Council’s panel discussion on the right to food, speakers emphasized that achieving food security would require strengthening and revitalizing the agriculture sector in developing countries, including through international cooperation, the empowerment of small and medium scale farmers, technical assistance, access to and transfer of technology and exchange of knowledge and experience. The Council’s annual full-day meeting on women’s human rights focused on the theme of equality before the law. Inequality in the legal, civil, economic, political and social arenas not only violated international obligations, but also compounded discrimination against women. Looking ahead, a number of important issues were on the agenda for the upcoming twelfth session, which included topics such as children and armed conflict, contemporary forms of slavery, the rights of indigenous peoples and the right to clean drinking water and sanitation, to name a few, noted Mr. Meeuwen.

Report on Elimination of Discrimination against Persons Affected by Leprosy

SHIGEKI SAKAMOTO, Advisory Committee Expert, introducing the report on elimination of discrimination against persons affected by leprosy and members of their family, said leprosy was one of the oldest diseases known to humankind. Since the beginning of recorded history, there had been numerous references to leprosy, and it had left behind a terrifying image in history and human memory. However, today, it was cured by multi-drug therapy, and in recent years, the number of persons diagnosed with leprosy worldwide had dramatically decreased. Nevertheless, the historical tradition of stigma, discrimination and social exclusion still continued. In this sense, leprosy was a unique disease that had rendered those affected vulnerable to discrimination around the world, regardless of country, region, or culture. Discrimination against leprosy was characterised by the fact that the stigma was age-old and deeply ingrained, meaning that there needed to be an approach clearly focused thereon, with a twin-track approach in combating the stigma and discrimination. The human rights that pertained to persons affected by leprosy should not be taken as related only to health or disability.

Persons affected by leprosy and their family members did not enjoy many of the rights and freedoms stipulated in the Universal Declaration on Human Rights, nor in many other international conventions. The principles and guidelines formulated were intended to promote, protect, and ensure full and equal enjoyment of all human rights and fundamental freedoms, as well as to promote respect for the inherent dignity of those affected. States should adopt legislative, judicial, administrative, educative and other appropriate measures in order to follow these guidelines. Various steps should be taken, including existing legislation for discriminatory provisions, with a view to revising them, prohibiting segregation policies, encouraging respect for human rights, and establishing a programme of assessment, promoting community involvement in overcoming stigma, ensuring an integrated healthcare system, and fostering cooperation between the public and private sectors. Human rights education was required to combat the sigma and discrimination deeply rooted in society, and legal literacy was also important for persons affected to recognise their own rights. The international community as a whole was responsible for establishing a society in which persons affected by leprosy could restore their human dignity.

CHINSUNG CHUNG, Advisory Committee Expert, said although the incidence of leprosy had declined in recent years, it still posed a great challenge for the United Nations system, the international community, and humanity as a whole. With regard to the segment in the report on limited access to work opportunities, she said this was particularly useful and enlightening; it provided a thorough view of those discriminated against; however, she advised that the report could and should focus more on the historical stigma associated with the disease as the stigma was the core reason why persons affected by leprosy faced the challenges they did to some degree. She also noted that the paper should include some examples of successful educational campaigns implemented by Governments or civil society, and if there were none to be found, this would illustrate the urgent need for the international community to come up with educational campaigns to address persons affected with leprosy. Furthermore, she stressed that direct requests could be made to civil society and the international community to assist in working to eliminate the stigma and discrimination associated with persons affected by leprosy and their family members.

VLADIMIR KARTASHKIN, Advisory Committee Expert, said he had carefully studied the draft principles and guidelines in the report, and it was an excellent document, the result of lengthy discussions and hard work. During the work of the Sub-Commission this issue had been discussed. As a result of study and lengthy discussions, this excellent document was now before the Advisory Committee. Like any document, it could be improved, and additional information added. However, he had no objections to it, and was ready to vote now in its favour. The document was very good, and touched on the fate of many people with leprosy, millions throughout the world. It would not be sufficient for the Committee to simply adopt a draft of guidelines, as Professor Sakamoto suggested at the end of the document - the Committee should go further than that and give the document more weight. The Committee should recommend to the Human Rights Council, on the basis of these principles, either to prepare a brief resolution for adoption by the General Assembly, part of which would be based on the draft principles, or to re-work the principles to produce its own resolution, which would contain all of the main provisions of the document. If this method were adopted, it would make the document far more effective.

MIGUEL ALFONSO MARTINEZ, Advisory Committee Expert, said he hoped that changes could still be made to the text, as this was the first time they had seen the text. He did not find the changes he had expected, concerning the principles on the basis on the comments he made during the first reading, which still held. Reiterating his comments made earlier, he said starting with the conclusions, with regard to where it was stated that leprosy was a disease that was no longer contagious after the initial phases, that was after the first treatment had been administered. Secondly, with regard to the principles and guidelines section of the paper, it stated that persons affected by leprosy and their family members should not be segregated or deprived of basic freedoms against their will or by force. Thirdly, under the guidelines section, in general recommendation 2, States should take measures using the maximum resources to progressively achieve for persons affected by leprosy and their family members the full realization of rights enshrined in international human rights instruments including under the Universal Declaration of Human Rights. Given that, he asked if Mr. Sakamoto could explain the maximum application of such a policy; and how could States use maximum resources if there was no centralization, meaning that these persons would be held in a central location until they had a cure to the disease? The connotation associated with the word “segregation” was of concern, and he asked further, was this considered to be an initial interment period of these people?

LATIF HUSEYNOV, Advisory Committee Rapporteur, said the paper was excellent. It contained a set of guidelines and principles which, once implemented by States, would certainly contribute to the elimination of discrimination against persons affected by leprosy. On page 9 of the document, when Professor Sakamoto listed rights and freedoms which were enshrined in the Universal Declaration of Human Rights and were violated with regard to those affected by leprosy, paragraph 54, there was no need to mention the right to life, as there were no indications of this right being violated. On page 10, paragraph 16, the question of detention of persons affected by leprosy was raised. Even if the detention was conducted in compliance with law, Professor Sakamoto had noted that there was a possibility of breach of this article. This was a complicated issue, and required further elaboration. On page 11, paragraph 67, the text said that persons affected by leprosy could also enjoy all rights in article 26 of the Universal Declaration - but this paragraph referred more to guarantees than to rights. The concept of inclusion should also be included in the text. This was a new concept, and was relevant to persons affected by leprosy. States should take measures to the greatest extent of their resources to ensure the enjoyment by all persons affected by leprosy of their human rights and fundamental freedoms.

WOLFGANG STEFAN HEINZ, Advisory Committee Expert, said with regard to one central issue and where there was room for improvement related to the consistent focus on the legal elements, this was important when it came to human rights thinking and action, but was not the only important element to consider. It was also equally important to look at society and civil society to do away with the deep rooted prejudices. The legal approach was important, but civil society actors, media and leaders in certain societies were often much more important in terms of influence rather than convoluted legal rules. What were the activities of civil society actors that could be looked at as good practices? He suggested that there be some good examples of interesting activities undertaken by civil society actors to come up with practical and innovative examples, and good practices of what was being done to fight discrimination in the context of leprosy.

PURIFICACION V. QUISUMBING, Advisory Committee Vice-Chairperson, said the paper was very thoughtful. While Professor Sakamoto explicitly identified some vulnerable groups, he could consider including indigenous peoples and minorities as suffering from double if not multiple discrimination. She did not know what research had been done with regards to minorities and indigenous peoples with regards to leprosy, but this was a time to investigate. Indigenous peoples and minorities were even more vulnerable with regards to policies and legislation, and even civil society. They needed to be reached out to, and academic groups should be asked to help in conducting research so that the Advisory Committee knew if discrimination against these vulnerable groups should be included.

SHIQIU CHEN, Advisory Committee Expert, said this discussion was quite timely, and he commended Mr. Sakamoto for the well drafted report. The issues, in his view, were related to the elimination and isolation, the eradication of discrimination and to raise the consciousness about leprosy within society. Much had to be done to eliminate the burden of the disease and in this regard the angle of human rights and discrimination was necessary to eliminate it. Societies had deep rooted prejudices and feared the disease. He suggested that they request countries to incorporate the elimination of discrimination of persons affected by leprosy and their family members into the requirements of human rights, since States were preparing their reports on human rights. Therefore, the principles and guidelines of the Committee would be adopted into those reports as real concrete steps to be taken. In addition to action needed at the national level, action should also be taken at the regional level. For example, seminars could be organized to find ways to eliminate discrimination. Recommendations had to be translated into concrete actions.

DHEERUJLALL SEETULSINGH, Advisory Committee Expert, said this document should be sent to the Human Rights Council. Concerning the drafting of the principles and guidelines, there should be numbering to make them like a draft convention, as the principles would be preambular and guidelines the operative part of the declaration. The titles to the different guidelines were helpful. Should some order be put in the different titles, then they could be in order of political, social and cultural consideration. Public health terminologies should also be used. Since this could be the one important document submitted to the Human Rights Council at its next session, then the Advisory Committee should give more time to it, allowing Professor Sakamoto to consider the recommendations, and then to produce an updated document.

BABA KURA KAIGAMA, Advisory Committee Expert, said in many developing countries unfortunately there was no legislation ensuring the rights of persons with leprosy. For example in Nigeria they faced discriminatory practices, in public office, getting to schools and public transport. In the past they were segregated, but that had been abandoned due to awareness raising campaigns. Even though it was a more recent affliction, HIV/AIDS received much more tolerance and awareness than leprosy. This was attributed to the fact that HIV/AIDS received much more support from donors of international aid agencies. Thus, he urged that persons affected by leprosy receive much more support in this regard. In much of Sub-Saharan Africa, community, family, and religious and social groups provided much of the social security services to individuals. Therefore these organizations should be the ones approached in this regard as they would be able to much more for persons affected.

MONA ZULFICAR, Advisory Committee Expert, said on page 27, when speaking about healthcare, early detection programmes were an important issue, and a World Health Organization recommendation to this regard was mentioned in a footnote. This should be an explicit guideline, upgraded under healthcare - States should establish early detection programmes. This was linked to the point with regards to segregation and public health - with early detection programmes, then the point where the dose was highly infectious was reduced somewhat. The general principles one and three on fighting discrimination and making sure there were no segregation laws should be kept in the text, as there were many segregation laws in many countries. A strong emphasis on having no segregation should be kept. There were systemic segregation policies and laws that should be abolished, but this should not prejudice quarantine, as was the case with A H1N1 and other infectious diseases. This tied in with page 29, and it should be noted that whenever all partners were listed, then human rights institutes functioning at the national level should be included, as this was a set of bodies which the Advisory Committee should encourage and support, as they played an important role linking non-governmental organizations and the Government, whilst remaining independent.

EMMANUEL DECAUX, Advisory Committee Expert, said that the Sub-Commission on the Promotion and Protection of Human Rights had discussed this topic and he welcomed the continuity between the work of the Sub-Commission and the Advisory Committee. The discussion of leprosy was an old one. The draft principles and guidelines were very useful, both in terms of substance, and as a contribution made by the Committee, and it was important for the Committee to start on a solid basis as a higher body. With regard to substance, he said that most of the time States were told to do this, that, and the other. It should be shown that beyond the legislative framework and States, local authorities had an important role to play, and thus specific measures should be highlighted for them to take. In addition, civil society actors, and large and small companies should be included in this regard. He recalled that the Advisory Committee had discussed the idea of coordination with the World Health Organization, and on innovative private and public funding partnerships.


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