ADVISORY COMMITTEE DISCUSSES TRADITIONAL VALUES, RIGHTS OF PEASANTS AND SEVERE MALNUTRITION AND CHILDHOOD DISEASES

The Human Rights Council Advisory Committee today continued to discuss requests addressed to the Committee by Human Rights Council resolutions and took up the issues of promoting human rights and fundamental freedoms through a better understanding of traditional values of mankind, the rights of peasants and persons living in rural areas, and severe malnutrition and childhood diseases.

Concerning the promotion of human rights through a better understanding of traditional values, Committee Experts welcomed the preliminary study produced by Committee Expert Vladimir Kartashkin (A/HRC/AC/8/4) and noted the need for an interdisciplinary approach to the question of traditional values and human rights. Some Experts suggested explicitly stressing instances where traditional values directly contravened human rights. However, others noted that the mandate of the group was not to list obstructive practices but to list those facilitative in nature. Serious concerns were expressed about the fact that the study seemed to subordinate human rights law to traditional values, and therefore undermined international human rights law. Speakers expressed alarm at the failure of the study to sufficiently stress the impact of negative traditional values on the fulfillment of rights, including the justification of human rights violations.

The following Committee members took the floor in the morning meeting: Laurence Boisson de Chazournes, Obiora Chinedu Okafor, Chung Chinsung, Dheerujlall Seetulsing, Anantonia Reyes Prado, Ahmer Bilal Soofi, and Chen Shiqiu.

Also speaking were the following Member States: Russian Federation, European Union, Mexico, Ireland, Cuba and Switzerland. Non-governmental organizations speaking included: International Commission of Jurists, Cairo Institute for Human Rights Studies, Reporters San Frontiers International, Canadian HIV/AIDS Legal Network, International Service for Human Rights, Joint United Nations Programme on HIV/AIDS (UNAIDS), European Region of the International Lesbian and Gay Federation, Indian Council of South America, International Association for the Defence of Religious Liberty, and Human Rights Watch.

Concerning the right to food, the Committee discussed the final study on peasants and persons living in rural areas and a study on severe malnutrition and childhood diseases with children affected by noma as an example.

Jose Antonio Bengoa Cabello, introducing the final study on peasants and persons living in rural areas (HRC/AC/8/6), said that this document was guided by the spirit of protecting peasants and those working in rural areas and took the point of view of the main actors and their rights. Mr. Bengoa emphatically affirmed that a new instrument was needed to ensure the protection of these rights and hoped that the report could be adopted during this session so that the Council could act upon it.
Jean Ziegler, presenting the study on severe malnutrition and childhood diseases with children affected by noma as an example (A/HRC/AC/8/7), underlined the importance of addressing the consequences of malnutrition and childhood diseases as part of the right to food. Mr. Ziegler hoped that the present report would be adopted by the Committee so that the Human Rights Council would take action on it; and stressed the need for the World Health Organization to recognise noma as a neglected disease.

Ethiopia expressed concern at the use of outdated information in the study on severe malnutrition. Uruguay reiterated the vulnerability of peasants and persons working in rural areas to hunger and famine and States’ responsibility to protect the rights of vulnerable groups. Other speakers noted that many peasants and rural workers suffered from hunger as the result of politicalwith factors and reiterated the serious concern with the impact of land grabbing on the enjoyment of the rights of peasants and the food sovereignty of countries where this took place. The creation of a new instrument would contribute towards the full enjoyment of the rights of peasants and men and women working in rural areas, and the full enjoyment of the right to food.

Speaking this afternoon were the following Member States: Ethiopia and Uruguay. Non-governmental organizations speaking included: International Association of Democratic Lawyers and Foodfirst Information and Action Network.

The next public meeting of the Advisory Committee will be held on Wednesday, 22 February at 10 a.m., when it will discuss human rights and issues related to terrorist hostage-taking.

Promoting Human Rights and Fundamental Freedoms Through a Better Understanding of Traditional Values of Mankind

The discussion on the preliminary study on promoting human rights and fundamental freedoms through a better understanding of traditional values of mankind started on 20 February and a summary of the discussion can be seen in press release AC/12/2.

LAURENCE BOISSON DE CHAZOURNES, Committee Expert, noted the need for an interdisciplinary approach to the question of traditional values and human rights. There was an intrinsic link between values, traditional or otherwise, and human rights instruments. Human rights instruments gave substance to values and, at the same time, values contributed to the implementation of rights. It should be clearly stated that human rights should be complied with under all circumstances without exception, and should never be subordinated to traditional values. The mention of jus cogens, which was a legal standard, was misguided and should not be included. Ms. Boisson de Chazournes agreed that several references to important reports and precedents were missing.

OBIORA CHINEDU OKAFOR, Committee Expert, indicated that this was a controversial topic and care should be taken to get the framing right. The value added of the whole project stemmed from the fact that much remained unknown about the topic in the human rights community. Much was assumed and basic ethnographic and anthropological knowledge was missing. The question concerned which existing elements in traditional values, perhaps instantiated in positive practices, reinforced human rights instruments. More specific discussions and particular examples of how traditional values could facilitate the protection of human rights were needed in order to show that human rights were present in ancient traditional values.

CHINSUNG CHUNG, Committee Expert, recalled that while the deadline for the Committee to produce a final draft was set for September, members of the Committee would have enough time to discuss this report during the August session and still manage to submit a revised version to the Council in September. On this basis, Ms. Chung asked the Chairperson to postpone the deadline for members of the Committee to have additional time for discussion.

DHEERUJLALL SEETULSINGH, Committee Expert, noted the difficulty of the topic and the challenge of synthesizing all the relevant topics in a single document. The original request to the Committee emphasized the values of freedom, dignity and responsibility; however the current draft discussed traditional values and human rights separately. The request by the Council reaffirmed that all cultures and civilizations shared a common set of values which pertained to humankind. It was necessary to identify this common set of values in the final document. A workshop held by the Office of the High Commissioner in October 2010 had suggested valuable ideas and methodological issues which could be valuable in the development of subsequent drafts. How did controversial discussions on issues such as the death penalty, abortion and sexual minorities’ right fit into the categories of freedom, dignity and responsibility?

ANANTONIA REYES PRADO, Committee Expert, said that a fundamental issue was the understanding of elements which underpinned rights. Open questions were necessary concerning how rights were understood and different philosophical traditions should be used to bring light on this issue, including authors from different parts of the world. Methodology remained an important issue, the question was how to contribute to human rights from this perspective, embodying traditional values. Different cultures provided opportunities for teaching and learning and should be included in this study. The main challenge was to ensure that these rights, which were seen as universal, became universally enjoyed, and to strengthen the social dimension of human rights.

AHMER BILAL SOOFI, Committee Expert, asked how to best collect evidence concerning traditional values and practices and how to document it. This would pose a serious challenge. Further questions included which sources should be used beyond a strict legal framework, and identifying sources that could establish certain practices on which there was least controversy in their description of practice and values. With regards to values, there were different customs and religious beliefs which might be seen as obstructive and others facilitating the implementation of human rights. The mandate of the group was not to list obstructive practices but to list those facilitative in nature.

SHIQIU CHEN, Committee Expert, said this issue was fairly complex and involved a high degree of difficulty. As mentioned in the report, there were different understandings concerning the meaning of these traditional values. From the perspective of international law there were no comprehensive or systematic definitions, nonetheless Mr. Kartashkin had made an effort to define these traditional values. Further research was necessary. In accordance to the Council’s mandate, the focus should remain on freedom, dignity and responsibility; it was important to ask whether they covered all traditional values. Therefore, Mr. Chen echoed Ms. Chung’s concerns about the limited time available and indicated that it was quite unrealistic and more time was needed.

Russian Federation said that the Committee had received a clear mandate from the Council to produce research on how traditional values such as freedom, responsibility and dignity could be used to promote human rights. Traditions and ethical values should be a means for the promotion of norms and standards; a victim’s perspective was secondary in this regard. The European Union shared many of the concerns expressed by the Committee. The most problematic element in this preliminary study was that it seemed to subordinate human rights law to traditional values. There was also a failure to acknowledge the existence of negative values, a gender perspective or an equality and non-discrimination analysis. Mexico said that disaggregating concepts did not lead to a better understanding. The preliminary study did not succeed in throwing light on the meaning of traditional values of humankind. These values should not have primacy over human rights and it was important to avoid any confusion.

Ireland said that the central difficulty was the lack of an accepted definition of traditional values. Future drafts should look carefully at how premises led to concrete recommendations. This was about promoting human rights and there should be no contradiction of international law and States’ obligations. Cuba said that the issue was not to find a definition of traditional values, but to analyse and study how these traditional values could help the promotion and protection of rights. Along with globalisation, Western societies had tried to impose their values, customs and traditions on other societies and the traditional values of individual peoples should also be protected. Switzerland indicated that while one should not lose sight of cultural particularities, it remained the responsibility of States to promote and protect all human rights. Switzerland was concerned about parts of the report which suggested the subordination of human rights law to jus cogens.

International Commission of Jurists said the current draft mischaracterized international law; in particular the emphasis on individual responsibility. Human rights should not be seen as a reward for responsible individual behavior. Cairo Institute for Human Rights Studies expressed alarm by the failure of the study to recognize the impact of negative traditional values on the fulfillment of human rights and how traditional values were often used to justified human rights violations. The Council could not be presented with a text that would undermine human rights law. Reporters San Frontiers International expressed concern about the notion of responsibility as a prerequisite for human rights. This was a frequent justification for the impunity of many perpetrators. Canadian HIV/AIDS Legal Network reiterated civil society’s serious concerns with the subject matter, direction and conclusions of the preliminary study; and urged the Committee to draw from the work of special procedure mandate holders, international jurisprudence and the Committee on the elimination of discrimination against women.

International Service for Human Rights criticised the primacy of traditional values over human rights as reflected in the draft and the reference to jus cogens, and said that redrafting was needed. Thorough consultations should be conducted. UNAIDS said that while tradition should be celebrated as a source for responses to HIV/AIDS, harmful traditional practices put people at risk and traditional values were often invoked to justify instances of discrimination. Traditional values should be assessed on the basis of universal human rights norms and standards. European Region of the International Lesbian and Gay Federation was concerned that the draft was submitted without adequate consultations and reiterated that traditional values were often invoked to restrict access to human rights or to justify violations and called for the inclusion of victims’ perspectives in the report.

Indian Council of South America said that historically indigenous philosophy had been ignored by human rights discourses and greater inclusiveness would promote a human rights discourse that better reflected the values of humanity at large. International Association for the Defence of Religious Liberty said that religious freedom was a fundamental freedom; given the lack of a fixed and absolute standard for values, respect for all persons despite differences was a necessary starting point. The absence of shared values, rather than a clash of civilisations, constituted the major challenge. Human Rights Watch expressed concerns about several elements in the report. Many harmful practices and human rights violations were justified by references to traditional values. The role of human rights institutions was to promote human rights and not to pursue anthropological investigations on the nature of tradition.

AHMER BILAL SOOFI, Committee Expert, concerning the supremacy of international law, said that it was a point well taken that traditional values should not undermine law. However, there were traditional values concerning the honouring of commitments, to groups, States and other actors, which should be viewed as binding. This traditional value of honouring commitments, for instance, supported the supremacy of international law. Values were subject to commitments and thus commitments superseded previous customs.

VLADIMIR KARTASHKIN, Committee Expert, in concluding remarks, reaffirmed the preliminary character of the study and thanked all participants for their useful criticism. As reflected in the discussion, the wording of paragraph 75 needed further work. With regards to responsibility and human rights, some non-governmental organizations would like to present rights as something unlimited. While acknowledging that some of the wording should be revised, Mr. Kartashkin reiterated the importance of responsible human behavior and noted, for example that in the case of crimes prison sentences were appropriate. Human rights were not limited but connected to duties and values. With regards to Ms. Boisson de Chazournes’ comments on the interlinkages between rights and traditions, Mr. Kartashkin indicated that human rights did not only depend on values but also duties and responsible actions by individuals. If human rights were converted into some kind of absolute then human society will be thrown into anarchy. For instance this meeting on the basis of discipline had been conducted properly, otherwise chaos would ensue. While some of the wording was unsatisfactory and should be corrected, it was tragic that some NGOs representatives had turned this into an absolute disaster. The task had been to draft a preliminary basis for discussion, without this document, what discussion would the Committee have had? This report was a collective enterprise and the Committee would have time to continue to work during its ninth session and then it could be decided whether or not to approve it.

HALIMA EMBAREK WARZAZI, Committee Expert, was surprised to hear in the discussion this morning that not everybody had read all the relevant instruments adopted by the General Assembly. It was important to go back to the texts and covenants. Ms. Warzazi was surprised to hear that delegations and non-governmental organizations seemed to be on the defensive; and noted with incredulity the statement that the Universal Declaration had been adopted by unanimity, while there had been several abstentions. It was important to stress the positive aspects of traditional practices rather than getting bogged down. The objective was discussion and subsequent action by the Council.

The Advancement of the Rights of Peasants and Other People Working in Rural Areas

JOSE ANTONIO BENGOA CABELLO, Committee Expert, discussing the final study on the advancement of the right of peasants and other people working in rural areas, presented by the Drafting Group on the right to food (HRC/AC/8/6), recalled that the Council requested the Committee to carry out this study and thanked the support of the Secretariat in Geneva in carrying out this work. Three years ago the United Nations indicated that half of the world’s population lived in rural areas; peasants and persons living in rural areas had an overwhelming impact on developing countries. This document was guided by the spirit of protecting peasants and those working in rural areas, including strategic elements related to the production of food and the distribution of population and demographics. It was important to identify areas and sectors and who the report was aimed at; for instance farmers who did not manage to produce enough to sell in the market, agricultural laborers, small-holder farmers, and seasonal workers. The document also included those whose living was produced through traditional means. There were no doubts regarding the problems cropping around agriculture and farming. The evolution of the food security crisis in recent years and various trade negotiations and rounds illustrated a clear sense of frustration by those trying to regulate the agricultural sector. This study took the point of view of the main actors and their rights and freedoms, ensuring the legal support for a highly vulnerable sector of society.

This document was important since it provided the first instruments concerning peasants’ rights and it would serve peasants, rural and agricultural workers and their organizations. Mr. Bengoa hoped that the Council would rise to meet the challenge and ensure that this instrument was approved. There was no other instrument of this type which clearly spelt out the rights of peasants. The definition had been narrowed to peasants and those living in rural areas to ensure clarity; this included also women peasants and those living in rural areas. These rights should be understood as pertaining to both men and women, as there was often considerable discrimination against peasant women. The issue of land ownership and use was at the core of this issue. Land grabbing was often in the headlines and drawing attention around the world. Mr. Bengoa indicated that the Annex included a declaration of the rights of peasants and those living in rural areas which spelt the legal rationale for this instrument. The Council had explicitly asked whether a new legal instrument was needed and a positive answer was being emphatically given. The template for this text had been the Declaration on the Rights of Indigenous People. Mr. Bengoa hoped that the study could be adopted during this session so that the Council could act upon it.

Severe Malnutrition and Childhood Diseases with Children affected by Noma as an Example

JEAN ZIEGLER, Committee Expert and Chairperson of the Drafting Group on the right to food, presenting the study on severe malnutrition and childhood diseases with children affected by noma as an example (A/HRC/AC/8/7), said that the Council’s mandate from March 2011, in resolution 16/40, followed up on a previous mandate on discrimination in the exercise of the right to food. Mr. Ziegler thanked all those who had supported the Drafting Group, in particular those delegations and non-governmental organizations who had responded to the questionnaire, and noted that an event would be held during the next session of the Council, on 7 March. Noma was a disease known since the middle ages caused by malnutrition. It destroyed the oral tissues and eradicated the capacity to eat, and could lead to death.

Noma was not recognized as a disease by the World Health Organization despite the fact that it tolled victims in Africa, Asia and South America; and in many instances, social stigma lead to underestimation of its presence. On early detection, antibiotics could provide for cure and, for this reason, monitoring, detection and treatment were necessary. Mr. Ziegler called upon the international community to dedicate greater efforts to combat childhood malnutrition, including through primary healthcare in rural areas affected by noma. Given the systematic disregard for this disease, very little was known about the effect of noma in many geographical areas and those fighting noma did not have the necessary resources. The most urgent and important demand was for the World Health Organization to recognize noma as a neglected disease.

Discussion on Rights of Peasants and on Severe Malnutrition and Childhood Diseases

Ethiopia said that some of the references in the study on the rights of peasants and rural workers that were inaccurate. Recent positive developments in Ethiopia had not been reflected in the report. With regards to the situation on women, Ethiopia had recently submitted an updated report to the Committee on the Elimination of Discrimination against Women and other human rights bodies. There were no land grabs in Ethiopia and agricultural development was being regulated by the Government. Uruguay reiterated the vulnerability of peasants and persons working in rural areas to hunger and famine; States had the responsibility to protect the rights of vulnerable groups and should continue with exchanges with all stakeholders in this regard.

International Association of Democratic Lawyers said that many peasants and rural workers suffered from hunger as the result of political factors which led to insufficient access to land, water and credit, market access and poor organization. A new legal instrument for the protection of peasants and workers in rural areas was needed to sustain the fight against hunger given that existing instruments were insufficient. Foodfirst Information and Action Network reiterated the serious concern with the impact of land grabbing on the enjoyment of the rights of peasants and the food sovereignty of countries where these took place; the creation of a new instrument would contribute to the full enjoyment of the rights of peasants and men and women working in rural areas, and the full enjoyment of the right to food.

JEAN ZIEGLER, Committee Expert and Chairperson of the Drafting group on the right to food, in concluding remarks, responded to the criticism of the Ethiopian delegation to the report introduced by Mr. Bengoa. Mr. Ziegler said it was wrong to say that there was no land grabbing in Ethiopia since all land belonged to the State. While land could not be brought and large regions of land remained uncultivated, there were indeed violations to the right to food. In Gambella, Saudi companies had taken over many acres of land from which the peasants had been expelled without compensation. Serious under-nutrition was a problem in many parts of the country while significant portions of land were dedicated to the production of export products. Ethiopian bureaucracy was working well and monitoring the foreign investments; nonetheless, these peasants had been expelled from their ancient lands and this constituted a clear violation to the right to food.

Ethiopia, responding to Mr. Ziegler, said that the issue at hand did not concern Saudi investment projects in Ethiopia. If the Drafting Group was interested in this matter Ethiopia could provide further information for verification. The topic of this study was important and, moreover, the rights of peasants were recognized by Ethiopia’s Constitution. Outdated information had been included in the study and this issue should be addressed for the study for to be fruitful. Concerning forceful evictions of peasants, claims had been made by different groups at different times, but the Ethiopian Constitution offered protection to all citizens. Information in the study should not be one-sided and politicized.

For use of the information media; not an official record

AC12/003E