ADVISORY COMMITTEE DISCUSSES TERRORIST HOSTAGE-TAKING, INTERNATIONAL SOLIDARITY AND COOPERATION, AND RIGHT TO FOOD

The Human Rights Council Advisory Committee today discussed issues relating to human rights and terrorist hostage-taking, human rights and international solidarity, and the enhancement of international cooperation in the field of human rights. Under the right to food, it also took up the human rights of rural women and the human rights of the urban poor.

With regards to human rights and issues related to terrorist hostage-taking, Committee Experts said that this issue was not a regional problem but a global problem. A standard to deal with this issue was necessary. One Expert recalled that the mandate specifically urged the Committee to refrain from duplicating the work on this issue by other United Nations bodies. Different approaches could be taken, including the impact of terrorism on human rights; the impact on victims and individuals as part of the human rights system; and conditions conducive to terrorism.

The following Committee members took the floor on this topic: Jean Ziegler, Halima Embarek Warzazi, Wolfgang Stefan Heinz, Vladimir Kartashkin, Dheerujlall Seetulsingh, Shiqiu Chen, Obiora Chinedu Okafor, Ahmer Bilal Soofi, Mona Zulficar, and Shigeki Sakamoto. Senegal, on behalf of the African Group, and Algeria also spoke.

Concerning the issue of human rights and international solidarity, Shiqiu Chen, Chairperson of the Drafting Group and Committee Expert, introducing the draft paper on human rights and international solidarity (A/HRC/AC/8/CRP.1), said that the Committee had established a Drafting Group on international solidarity and it had prepared a draft report. Mr. Chen hoped that during the course of the meeting the Experts and other representatives would be able to provide ideas to correct the draft and continue to exchange ideas.

Virginia Dandan, Independent Expert on human rights and international solidarity, addressed the Committee, saying she had committed to deliver to the Human Rights Council a draft declaration on human rights and international solidarity before the end of her term in 2014.

Members of the Committee who participated in this discussion were: Shiqiu Chen, Shigeki Sakamoto, Ahmer Bilal Soofi and Dheerujlall Seetulsingh. The following Member States also took the floor: China and Cuba

The Committee also discussed international cooperation. Dheerujlall Seetulsingh, Chairperson of the Drafting Group and Committee Expert, introducing the report on the enhancement of international cooperation in the field of human rights (A/HRC/AC/8/3), stressed that international cooperation was closely related to the right to development and the achievement of the Millennium Development Goals.

The following Committee members contributed to the debate: Dheerujlall Seetulsingh, Laurence Boisson de Chazournes, and José Antonio Bengoa Cabello. Also speaking were the following Member States: Egypt, Uruguay. The non-governmental organization Hope International also took the floor.

Under the right to food, the Advisory Committee also discussed the human rights of rural women and the promotion of human rights of the urban poor.

Mona Zuficar, Rapporteur of the Drafting Group, introducing the concept note on the human rights of rural women (A/HRC/AC/8/CRP.2), said that the right to food was closely linked to other human rights such as education, land, equality before the law, employment, healthcare and political participation. The concept note clarified the structure of the report and the Drafting Group looked forward to integrate experiences and best practices into the report.

The following Committee members took the floor on this issue: José Antonio Bengoa Cabello, Anantonia Reyes Prado, Chinsung Chung, Dheerujlall Seetulsingh, and Halima Embarek Warzazi. The non-governmental organization Caritas Internationalis also took the floor.

Chinsung Chung, Rapporteur of the Drafting Group and Committee Expert, introducing the preliminary study on the promotion of human rights of the urban poor: strategies and best practices (A/HRC/AC/8/5), said that addressing this challenge was essential for achieving development targets. The report discussed the right of the urban poor and their enjoyment of the right to food within a human rights framework, looked at best practices, and put forward recommendations.

The following Committee members took the floor on this issue: José Antonio Bengoa Cabello, Anantonia Reyes Prado, and Dheerujlall Seetulsingh.

The next public meeting of the Advisory Committee will be held on Thursday, 23 February at 11 a.m., when it will discuss its agenda and annual programme of work, including new priorities.

Human Rights and Hostage-taking

Senegal, on behalf of the African Group, said that the growing phenomenon of terrorism in the Sahel and in other regions was promoted by the lucrative side of hostage-taking. It was relevant for the Council to maintain its attention on this issue. This was the meaning behind resolution 18/10 which was introduced by the African Group and adopted at the Council’s eighteenth session and which requested the Committee to prepare a study on the challenges and negative impact on the protection of the rights of hostages and populations living in regions affected by hostage-taking.

Algeria was pleased to see the inclusion of this issue on the agenda of the Advisory Committee, it translated the recognition that hostage-taking by terrorists posed challenges and problems to the human rights of the victims, including the responsibilities of States to protect citizens in the face of this threat; the role of intermediary countries; and the issue of ransoms and the impact of payments on nomadic communities. It was important to take into account all victims of terrorism, as discussed within the Council in the context of a panel on this issue.

JEAN ZIEGLER, Committee Expert, said that this was not a regional problem but a global problem and hoped that this mandate would enjoy the support of Member States in the Council. Organised crime was increasing around the world and becoming common in the African continent. A standard to deal with this issue was necessary. Should Governments ensure that there were no payments made by any citizens? An international standard could help Governments to take a firmer stance. Countries in Africa, including the Sahel area, were facing a great burden in dealing with terrorists groups in these areas.

HALIMA EMBAREK WARZAZI, Committee Expert, said this was a serious problem involving not only hostage-taking but several forms of international organised crime which posed serious threats to countries in this region. There was no obvious solution to this conflict of norms. What were the answers to the questions posed by the African Group during this panel meeting? There were several references to international organizations and humanitarian issues, but no conclusions or answers to the questions posed by the African Group.

WOLFGANG STEFAN HEINZ, Committee Expert, recalled that the mandate specifically urged the Committee to refrain from duplicating the work on this issue by other United Nations bodies. Different approaches could be taken, including the impact of terrorism on human rights; the impact of victims and individuals as part of the human rights system; and conditions conducive to terrorism. With regards to ransom payment there were both humanitarian reasons and specific questions which were difficult to derive from a human rights framework.

VLADIMIR KARTASHKIN, Committee Expert, said that strategies to fight terrorism were for States to decide and involved all countries. The question of whether to pay or not had been previously raised, but concerned the political will of States. Evidence showed that if States refused to engage with terrorism, then the number of terrorist acts in that country was likely to decrease. The Committee should identify questions which were directly related to human rights. The goal was not to discuss questions of strategy but to discuss a set of issues directly related to human rights.

DHEERUJLALL SEETULSINGH, Committee Expert, saw no problem concerning the rights of hostages. The resolution asked the Committee to look at the protection and enjoyment of human rights by those living in communities, including social and economic developments, in regions affected by terrorism. In the summary of the discussion held by the Council on this topic, references were made to the plan of action of the Africa Union, among others. It was pointed out that the Algiers Plan included policies to address the root causes, including poverty and marginalization.

SHIQIU CHEN, Chairperson of the Drafting Group and Committee Expert, said that the main task was to address the human rights dimension of terrorist hostage-taking. The theme given by the Council concerned terrorist hostage-taking, therefore hostage-taking related to terrorism and not ordinary hostage-taking. When was a hostage situation considered to be related to terrorism? Many statements mentioned piracy in Somalia, Mr. Chen noted that so far nobody had claim that Somali pirates were terrorists and these incidents were not considered to be terrorist attacks. The Committee should take into consideration how from a human rights perspective these root causes could be addressed.

OBIORA CHINEDU OKAFOR, Committee Expert, called on the Committee to focus on the operative paragraphs of the resolution. The question posed was not about terrorism in general, but about terrorist hostage-taking which would require a definition. This included the adverse impact of hostage-taking on the human rights of hostages, the protection and enjoyment of human rights generally of those living in affected communities, and on the adverse socio-economic and developmental impact of these communities. Additionally, this also included the adverse impacts of measures intended to ensure the release of hostages, including the payment of ransoms.

AHMER BILAL SOOFI, Committee Expert, noted that the payment of ransoms increased the temptation for other members of the community to engage in hostage-taking and thus endangered the human rights of members of the community. Additional evidence was needed concerning the impact of ransoms on the proliferation of hostage-taking. What the Committee was asked to do was to comment on the threat to the human rights of the community arising from ransoms payments which encouraged similar acts.

MONA ZULFICAR, Committee Expert, reiterated her agreement with previous comments. There were several issues to analyze, especially the human rights of victims and communities where these incidents took place. Issues concerning State responsibility for protection and redress and aspects on the impact on international cooperation and solidarity, particularly in the context of transborder activities, were also important. Addressing prevention was as important as that of ransom payments and rehabilitation of victims. Ms. Zulficar proposed forming a Drafting Group to continue to work on this topic.

SHIGEKI SAKAMORO, Committee Expert, said that Somali pirates should not be included in the discussions. This issue was currently under discussion at the Security Council and it was hard for the Committee to decide whether Somali pirates could be categorized as terrorists or not.

Algeria indicated that the Committee should look at the impact of these situations on the protection and enjoyment of human rights, both of the victims and the communities. On the question of the meeting that took place on this issue and other previous discussions that took place, the panel was not supposed to provide answers but rather to pose some questions on this issue. For this reason the Committee was requested to continue to discuss these issues in depth.

HALIMA EMBAREK WARZAZI, Committee Expert, noted that in her reading of documents on this issue, the African Group was interested in finding out what was the impact of the payment of ransoms on communities affected. This was the most interesting question on this issue: should one pay or should one not pay? This was an issue the Committee should look at as well as the impact on the human rights situation of populations in these areas. Ransoms should not be paid because this led to violations of human rights of populations on the ground.

Senegal said that the objective of the panel had been to raise awareness as a first step in the process; it did not aim to come up with answers as suggested by Ms. Warzazi but to look at different initiatives. For the second phase was resolution 18/10, it was necessary for the Committee to receive the views of the African Group and other participants. The Committee was right to ask these different questions, which would lead to the enrichment of the discussion.

Human Rights and International Solidarity

VIRGINIA DANDAN, Independent Expert on Human Rights and International Solidarity, said that international solidarity should be viewed in its broadest sense; it was about respecting diversity, about connecting people, bridging across differences and connecting diverse peoples, cultures and countries into a harmonious whole. Ms. Dandan said she had committed to deliver to the Council a draft declaration before the end of her term in 2014. In June this year, an expert workshop would be convened to define guidelines and principles. Ms. Dandan aimed to formulate the logic to make the right to international solidarity rational and legitimate and the workshop would be the first step in this direction.

The expert workshop aimed to discuss some of the most serious constraints to a sustainable future, illustrating how States turned their backs on commitments and pledges made during conferences; the workshop also aimed to identify good practices, concepts and norms which responded to challenges. The major task was to consolidate these concerns into a comprehensive form that was all-encompassing but would not stop short of concrete and targeted principles. Ms. Dandan welcomed the Committee’s draft paper on human rights and international solidarity and noted the linkage of the right to international solidarity to other human rights. Finally, Ms. Dandan extended an invitation for two members of the Committee to attend the workshop.

SHIQIU CHEN, Chairperson of the Drafting Group and Committee Expert, said that the Committee had established a Working Group on international solidarity and it had prepared a draft report. This document included issues such as a definition of international solidarity; the legal basis for the right to international solidarity; values and importance of this right; its relationship to other human rights; and finally issues concerning its promotion and protection. Mr. Chen hoped that during the course of the meeting the experts and other representatives would be able to provide ideas to correct the draft and continue to exchange ideas.

China said that the key to international solidarity resided within important United Nations instruments, including the Charter, the Millennium Declaration and the Vienna Declaration and Programme of Action. Solidarity should seek partnerships for mutual benefit, as the rights to international solidarity and development were closely linked. Cuba said that the report should acknowledge that international solidarity was not limited to assistance, cooperation and development aid, but should include sustainability of international relations and an equitable distribution of rights and duties. Cuba suggested an emphasis on the disparities between developed and developing countries as an obstacle for the fulfillment of human rights and the right to development.

SHIGEKI SAKAMORO, Committee Expert, suggested the inclusion of man-made along with natural disasters. Japanese people had suffered from the consequences of an earthquake and tsunami which affected the north of Japan and the consequences of a nuclear breach in Fukushima.

AHMER BILAL SOOFI, Committee Expert, pointed out as the evidence of solidarity the commitments of States in voluntary treaties at bilateral, regional and multilateral levels. This created a legal compulsion for solidarity, in particular with regards to multilateral commitments. This could be referred to as implied evidence available for the rationality and legitimacy for developing the right to international solidarity.

DHEERUJLALL SEETULSINGH, Committee Expert, recalled the remark by Ms. Dandan that international cooperation could be considered a duty while international solidarity was considered a right. The Committee was working on a report on international solidarity this afternoon and it would be submitted to the next session of the Council. Mr. Seetulsingh hoped that some elements of this report would contribute to the drafting of the declaration.

VIRGINIA DANDAN, Independent Expert on Human Rights and International Solidarity, took note of the comments by Mr. Seetulsingh and looked forward to the presentation of the Committee’s report to the Council. The report identified particular elements which should find their way into an eventual declaration. Ms. Dandan would like to continue to work with this Committee in the fulfilment of her mandate.

SHIQIU CHEN, Chairperson of the Drafting Group and Committee Expert, thanked delegations for their comments and Mr. Sakamoto for his concrete suggestion, and urged delegations and experts to continue to suggest amendments and modifications. Mr. Chen thanked Ms. Dandan for her support and reiterated the intention of the Drafting Group to cooperate.

International Cooperation

DHEERUJLALL SEETULSINGH, Chairperson of the Drafting Group and Committee Expert, introducing the report on the enhancement of international cooperation in the field of human rights (A/HRC/AC/8/3), said that international cooperation was related to the right to development and the achievement of the Millennium Development Goals. Another subject discussed during this session directly linked to international cooperation concerned traditional values of human kind which had been controversial but on which Mr. Seetulsingh hoped the Committee could achieve consensus. Few countries had taken the initiative to informally discuss technical cooperation and capacity building in the field of human rights. Mr. Seetulsingh stressed the need to dedicate more resources to cooperation and drew attention to the existing United Nations voluntary funds to this end.

LAURENCE BOISSON DE CHAZOURNES, Rapporteur of the Drafting Group and Committee Expert, also introducing the report on international cooperation (A/HRC/AC/8/3), said that the cooperation sought could not be separated from solidarity. The report focused on what cooperation in the field of human rights consisted of. Cooperation should be made more effective in real terms. The report noted the different facets under which cooperation could take and taking all these facets into account showed that cooperation could take place within multilateral groups, on the ground or working with other organizations such as the International Criminal Court. The role played by the Universal Periodic Review was important because of the possibility of strengthening cooperation through the implementation of the review. The necessary resources to the fulfilment of the Millennium Development Goals should be provided and the report noted that many actions could be taken at different levels with multiple actors.

JOSE ANTONIO BENGOA CABELLO, Committee Expert, noted the need for empirical data with regards to international cooperation in the field of human rights, and also in the areas of education and economic rights. It would be interesting for the Working Group to carry out an empirical analysis of what today were the numbers and figures reflecting international cooperation. Some non-governmental organizations had noted that cooperation and budgetary allocation today had to do more with business cooperation and earmarked funds rather than cooperation. Mr. Bengoa asked what implications for international cooperation the identification of human rights as a regulatory framework for cooperation would have? What would be the consequences of assuming human rights as the legal framework for international cooperation?

Egypt said that the issue of cooperation among States and the human rights system was important but did not fully incorporate the global dimension. Despite power relations and inequality among States, the issue was how to balance the principles with reality? Questions about non-state actors and how they complemented inter-State relations were also important. Uruguay said international cooperation was a recognized concept integrated in international law. The promotion and protection of human rights should be based on principles of cooperation to strengthen States’ capacities. The engagement with special procedures mandate holders and human rights mechanisms were some of the best examples of cooperation. Cuba said that international cooperation was often subsumed under that among States and international organizations. Cuba proposed addressing the double standards and confrontations which wasted time and efforts and the need for a better geographical representation within the Council’s special procedures and within the Office of the High Commissioner.

Hope International said it worked to promote integral development and reinforcing the social tissues of the region, including through training for long-term employability, promoting food and energy independence.

LAURENCE BOISSON DE CHAZOURNES, Rapporteur of the Drafting Group and Committee Expert, in concluding remarks, said that the responses to the questionnaire would be taken into account in the updated report. There were several different definitions of cooperation, and it was a term that covered different aspects and facets. Ms. Boisson de Chazournes said that the report aimed at highlighting the importance of obligations and cooperation and to give examples of cooperation which were not exhaustive.

DHEERUJLALL SEETULSINGH, Chairperson of the Drafting Group and Committee Expert, in concluding remarks, thanked the delegations who had sponsored the resolution. It was not possible to include everything under this topic and while the Drafting Group did not aim to avoid controversial issues, it was better to include those where there was consensus. The issue of conditionality would not be addressed and he noted that in a number of partnerships human rights had been mentioned as a condition for cooperation, but it was not the purpose of the Committee to include this discussion. The Drafting Group would see if any of the suggestions could be included in the finalized report.

The Human Rights of Rural Women

MONA ZULFICAR, Rapporteur of the Drafting Group and Committee Expert, introducing the concept note on the human rights of rural women (A/HRC/AC/8/CRP.2), said that the right to food was closely linked to other human rights such as education, land, equality before the law, employment, healthcare and political participation. The concept note clarified the structure of the report on which the Drafting Group was working. Access to land and water resources was of particular importance. There was important empirical evidence and legal, socio-economic and cultural studies suggested that if women had access to adequate resources they could increase productivity and reduce the number of people suffering from hunger. These solid arguments and empirical evidence should convince States to take action. The Drafting Group looked forward to integrate experiences and best practices into the report.

JOSE ANTONIO BENGOA CABELLO, Committee Expert, said that agricultural production had a great importance for the global economy and a large part of the revenues produced depended on the exploitation of women. Mr. Bengoa suggested gathering as much hard data as possible on this area, including from the Food and Agricultural Organization. A lot had been written on this topic but it had not been synthesized and analysed from the point of view of human rights. The issue of occupational diseases caused by pesticides and toxic products on women, pregnant women and children was also an important subject.

ANANTONIA REYES PRADO, Committee Expert, suggested addressing Latin America rather than South America, in order to avoid leaving out an important number of rural women. Concerning best practices, in addition to identifying these practices and to establish how they have improved women’s livelihoods, it would be important to identify the use of their incomes and women’s contributions to society.

CHINSUNG CHUNG, Committee Expert, suggested including the issue of domestic violence. While it occurred everywhere it would be possible to identify characteristics of domestic violence in rural areas, particularly within extended families. Women in lower social strata were in a vulnerable position and there were many cases of multiple discrimination. The issues of international migration, marriage migration and discrimination should also be considered. While this paper focused on developing countries, it would be important to include the situation of rural women in developed countries and the feminisation of migration.

DHEERUJLALL SEETULSINGH, Committee Expert, said that concerning the international legal framework some of the International Labour Organization conventions could be relevant to this topic.

HALIMA EMBAREK WARZAZI, Committee Expert, said that concerning female refugees and women who migrated to get married, it was important to address the situation of women who were left alone by migrating relatives and to draw States’ attention to their needs. This was an important opportunity to look at the many problems faced by rural women.

Caritas International indicated that nutrition for all was fundamental and the right to food could not be separated from the rights to health and life and suggested including in the report the issue of nutrition and women with HIV/AIDS, including related issues such as tuberculosis, vertical transmission from women to child, and the prevention of transmission from mother to child.

MONA ZULFICAR, Rapporteur of the Drafting Group and Committee Expert, in concluding remarks, thanked Committee members and the non-governmental organization speaker for the comments and reiterated that the concept note was intended to facilitate feedback on this topic.

Human Rights of the Urban Poor

CHINSUNG CHUNG, Rapporteur of the Drafting Group and Committee Expert, introducing the preliminary study on the promotion of human rights of the urban poor: strategies and best practices (A/HRC/AC/8/5), said that addressing this challenge was essential for achieving development targets. The report discussed the rights of the urban poor and their enjoyment to the right to food within a human rights framework, looked at best practices and put forward recommendations. The condition of the urban poor could be characterized by social stigma and marginalization, insecurity and violence, food insecurity, and health and shelter deprivation. The situation of the most vulnerable groups was more tragic, including women and girls, persons with disabilities, ethnic minorities and the elderly. The human rights of the urban poor should be promoted and protected by international human rights law, including at least the right to food, adequate housing, drinking water, health, education, work, and political participation.

JOSE ANTONIO BENGOA CABELLO, Committee Expert, said that poverty implied the violation of a number of rights taken together and this was reflected in this draft. It was obvious that along with food and nutrition other rights were also affected. Mr. Bengoa also suggested further empirical analysis on the food security situation of popular sectors. The issue of food quality and access to food was also important.

ANANTONIA REYES PRADO, Committee Expert, expressed concern that although the world’s population was becoming increasingly younger, the report did not address youth. The process of stigmatisation was often related to juvenile delinquency and there was often a link and since young people constituted the future it was important to address those in a situation of vulnerability.

DHEERUJLALL SEETULSINGH, Committee Expert, noted the emphasis on enhanced political participation and doubted how relevant it was to addressing the problems of the urban poor. Mr. Seetulsingh urged the Drafting Group to look at this and reconsider the role of improved political participation.

CHINSUNG CHUNG, Rapporteur of the Drafting Group and Committee Expert, in closing remarks, noted that additional sources were available concerning the issue on food security and the relevant United Nations documents would be mentioned. Concerning the issue of juvenile delinquency, it was significant and would be included in the report. Political participation would be reconsidered as suggested by Mr. Seetulsingh.


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