Human Rights Council
MIDDAY

1 June 2011

The Human Rights Council in a midday meeting today held a clustered interactive dialogue with the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health and the Special Rapporteur on trafficking in persons, especially women and children.

Anand Grover, Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, said his report examined the convergences between development and the right to health. Incorporating human rights to development work was important for the long-term sustainability and legitimacy of development as an enterprise. The adoption of a right to health approach should at least require the clear and explicit placement of human rights at the centre of health-related programme strategies, and inclusion of some or all of the core elements of a right to health approach in a methodological manner. However, a number of challenges remained in incorporating human rights into development work. It was important that States took steps to ensure that the right to health framework was integrated into health-related development programming and to ensure that information on the right to health framework, including the need for transparency, accountability and participation of individuals and communities in decision-making that had a bearing on their health, was disseminated and its use promoted in development-related areas.

Joy Ngozi Ezeilo, Special Rapporteur on trafficking in persons, especially women and children, said her report focused on the right to an effective remedy for trafficked persons, as adequate and effective remedies were often out of reach of the victims despite the human rights violations they had suffered. There remained a wide gap in practice between the law and its implementation and in many States trafficked persons were not provided with remedies as a matter of right but only with ad hoc measures primarily aimed at criminal investigation. The report considered the legal framework of the right to remedy, good practices and main challenges in ensuring its effective implementation at the national level. It also set out in detail each component of the right to an effective remedy, identifying specific factors to be considered with applying this right to trafficked persons. Restitution warranted a cautious approach as simply returning the trafficked person to the pre-existing situation might place him or her at the risk of further human rights violations. She also spoke about recovery and compensation for victims.

Guatemala, Syria, Argentina and Egypt spoke as concerned countries.

In the interactive dialogue, concerning the right to health, speakers agreed with the assessment that a human rights based approach should not merely focus on avoiding human rights violations but should be mindful of the realization of all human rights. The right to health was an essential element to any development process and speakers welcomed the emphasis on non discrimination, equality and the protection of vulnerable groups. Speakers said the report of the Special Rapporteur on the right to health recognized the importance of putting human rights at the core of development policies. Health was at the top of the agenda for cooperation, training, capacity building, research and access to medicines. Speakers also emphasized the importance of developing generic medicines without risking falsification. The pursuit of the Millennium Development Goals was significant for the right to health. Putting people and well-being at the centre of the process of development held dividends for the right to health.

With regards to trafficking in persons, speakers said trafficking was a sensitive area that particularly affected women and children due to unequal relationships of power in countries. Trafficking affected marginalised groups with particular severity. Speakers were pleased with the development of the new guidelines for victims of human trafficking and the holistic human rights approach used. One speaker said the vast majority of persons who were trafficked were misidentified as irregular migrants and strategies for identification needed to be developed. This was a transboundary issue and questions as to obligations of countries with regard to seeking of justice were important. Many speakers stressed that trafficking in persons was a global problem that required global efforts. Penalizing and criminalizing traffickers and intermediaries was important in combating human trafficking.

Speaking in the interactive dialogue were the following speakers: Uruguay, European Union, Belarus, Brazil, Philippines, Maldives, Australia, Slovakia, Nigeria on behalf of the African Group, Indonesia, India, Germany, United States, Norway, Djibouti, Morocco, Pakistan on behalf of the Organization of the Islamic Conference, Nepal, Switzerland, Palestine on behalf of the Arab Group, United Arab Emirates, Uruguay, Iran, Sri Lanka, Thailand, China, Cuba, Guatemala, Saudi Arabia, Costa Rica, Egypt, United Nations Children’s Fund, Russian Federation, Greece, Republic of Korea, Venezuela, Austria, Sweden, Spain, Republic of Moldova and Qatar.

The Council did not finish its interactive dialogue on the right to health and on trafficking in persons and it will resume the dialogue at 9 a.m. on Friday, 3 June.

The Council is today holding back-to-back meetings from 9 a.m. to 6 p.m. In its afternoon meeting, the Council will hold a panel discussion on the human rights of victims of terrorism.

Documentation

The Report of the Special Rapporteur on the right to health, Anand Grover, (A/HRC/17/25), examines the ways in which human rights, and the right to health framework more specifically, can add value to development policies and programmes. The report points to a number of challenges that remain in incorporating human rights into development work. In particular, the Special Rapporteur warns against adoption of a "culture of evaluation" to the detriment of human rights-based approaches. The report concludes with recommendations to the United Nations, and other actors in the development and human rights fields, concerning ways to further strengthen the integration of development and human rights.

Communications to and from Governments, (A/HRC/17/25/Add.1), is a summary of communications sent and replies received from States and other actors. The present report contains, on a country-by-country basis, summaries of communications sent by the Special Rapporteur to States, responses received from States, observations of the Special Rapporteur, and follow-up communications and activities relating to earlier communications, from the period of 16 March 2010 to 15 March 2011 and replies received for the period of 2 May 2010 to 1 May 2011.

Mission to Guatemala, 12 to 18 May 2010, (A/HRC/17/25/Add.2 ), has six sections. In section I, the Special Rapporteur introduces the report. In section II, the historical context of the long-standing inequalities and discrimination in Guatemalan society is summarized, and the international and national legal frameworks of the right to health are outlined. In section III, the Special Rapporteur explores issues surrounding indigenous health, including the historical circumstances that led to the challenges currently being faced by these communities. In section IV, he discusses the right to health of women, particularly sexual and reproductive health. In section V, access to medicines is discussed, particularly Government policies concerning drug procurement and the intellectual property provisions of the Central American Free Trade Agreement, both of which curtail access to medicine. In section VI, the Special Rapporteur offers some recommendations pertaining to each of the areas considered throughout the mission.

Mission to the Syrian Arab Republic 7 to 14 November 2010, (A/HRC/17/25/Add.3), contains findings and recommendations of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health (“right to health”) after his visit to the Syrian Arabic Republic, during which he visited Damascus, Aleppo and Al Hasakah. The purpose of the mission was to examine how Syria endeavours to implement the right to health, the measures taken for its successful realization and the obstacles encountered both at the national and international level. The mission focused on issues relating to access to health care, particularly for vulnerable and marginalized groups as well as persons in detention: the Special Rapporteur also explored issues related to women's health including maternal health, family planning, and gender-based violence. The Special Rapporteur concludes the report with a set of recommendations concerning each of the areas considered throughout the mission.

The Report of the Special Rapporteur on the right to health on expert consultation on access to medicines as a fundamental component of the right to health, (A/HRC/17/43), contains a summary of the discussions held and the recommendations made at the expert consultation on access to medicines as a fundamental component of the right to health, held in Geneva on 11 October 2010, in accordance with the Human Rights Council resolution 12/24. The issues discussed included the need for States to develop suitable national health legislation and policies and to strengthen their national health systems. States were called upon to ensure the sustainable financing, availability and affordability of medicines, and to establish monitoring and accountability mechanisms.

The Report of the Special Rapporteur on trafficking in persons, especially in women and children, Joy Ngozi Ezeilo, (A/HRC/17/35, covers the period from 1 March 2010 to 1 March 2011; provides an overview of the activities undertaken by the Special Rapporteur on trafficking in persons, especially women and children, during the period under review; contains a thematic analysis of the right to an effective remedy for trafficked persons; outlines the international legal framework of this right and what it entails in the specific context of trafficked persons; analyses key components of this right, including restitution, recovery, compensation, satisfaction and guarantees of non-repetition, access to information, legal assistance, and regularization of residence status; sets out special factors to be considered in realizing the right to an effective remedy for trafficked children; and contains the Special Rapporteur’s conclusions and recommendations.

Communications to and from Governments, (A/HRC/17/35/Add.1), sets out summaries of communications sent by the Special Rapporteur from 1 April 2010 to 15 March 2011. It also includes summaries of Government replies received from 11 May 2010 to 1 May 2011.

Mission to Egypt 11 to 21 April 2010, (A/HRC/17/35/Add.2), highlights the positive progress made by the Government, such as the enactment of the first anti-trafficking law, targeted interventions to prevent “temporary” or “seasonal” marriage of under-aged girls, and training programmes for law enforcement officials conducted with technical support from international organizations. However, the Government still faces considerable challenges in effectively preventing trafficking in persons, and protecting the human rights of trafficked persons. Such challenges include, but are not limited to, the lack of comprehensive data on the trend of trafficking in persons, the limited understanding of the definition of trafficking, the lack of identification and referral mechanisms for trafficked persons, and the insufficient level of facilities and services specifically designed to provide direct assistance to trafficked persons. On the basis of these observations, the Special Rapporteur makes a number of recommendations to the Government for further consideration.

Mission to Uruguay 13 TO 17 September 2010, (A/HRC/17/35/Add.3), highlights the positive progress made by the Government, such as the enactment of domestic legislation against human trafficking, as well as the establishment of an Inter-institutional Roundtable to address trafficking of women for sexual exploitation, and specialized courts and prosecutors to address the issue of organized crime, including trafficking in persons. Nevertheless, the Special Rapporteur observed a number of challenges that the Government must address in order to effectively combat trafficking in persons and to protect the human rights of trafficked victims. Such challenges include, but are not limited to, the lack of comprehensive data on the trend of trafficking in persons, the weak coordination of anti-trafficking activities, the lack of identification and referral mechanisms for trafficked persons, and the insufficient level of facilities and services specifically designed to provide direct assistance to trafficked persons.

Mission to Argentina 6 to 11 September 2010, (A/HRC/17/35/Add.4), highlights the positive progress made by the Government, such as the adoption of the Law on the Prevention and Punishment of Trafficking in Persons and the creation of dedicated offices within the Executive to provide victims of trafficking with assistance and to investigate this crime. The Special Rapporteur nevertheless observed a number of challenges that the Government must address in order to effectively combat trafficking in persons and to protect the human rights of trafficked victims. Such challenges include, but are not limited to, the lack of comprehensive data on the trend of trafficking in persons; the weak coordination of anti-trafficking activities; the lack of identification and referral mechanisms for trafficked persons; and the insufficient availability of facilities and services specifically designed to provide trafficked persons with direct assistance. On the basis of the above observations, the Special Rapporteur addresses a number of recommendations to the Government for further consideration.

Consultation on the role of regional and sub-regional mechanisms in international efforts to counter trafficking in persons, especially in women and children, convened by the Special Rapporteur on trafficking in persons in Dakar, 4 and 5 October 2010, (A/HRC/17/35/Add.5), contains background information, a summary of the discussions and conclusions at the consultation, and recommendations made by the participants. The consultation bought together technical experts from nine regional mechanisms representing all five of the world’s continents to share current trends, good practices, challenges and lessons learned in combating trafficking in persons at the regional level.

Consultation on the right to effective remedy for trafficked victims, convened by the Special Rapporteur on trafficking in persons, especially women and children in Bratislava, 22 and 23 November 2010, (A/HRC/17/35/Add.6), contains background information, a summary of the discussions and conclusions at the consultation, and recommendations made by the participants. The consultation was organized to solicit views of leading scholars and practitioners in this field in preparation of the Special Rapporteur’s annual thematic report to the seventeenth session of the Human Rights Council in June 2011. At this meeting, the experts from a variety of sectors discussed ways and means to realize the right to an effective remedy for trafficked persons, focusing on the normative framework, content and scope of this right, as well as States’ responses and concrete strategies to implement it at the national level.

Introduction of Reports

ANAND GROVER, Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, noted that he had undertaken a number of activities to develop the mandate and raise awareness on the right to health globally. The Special Rapporteur noted that his report examined the convergences between development and the right to health. Incorporating human rights to development work was important for the long-term sustainability and legitimacy of development as an enterprise. The adoption of a right to health approach should at least require the clear and explicit placement of human rights at the centre of health-related programme strategies, and inclusion of some or all of the core elements of a right to health approach in a methodological manner. The Special Rapporteur noted that among the benefits of such an approach was guidance concerning the design and implementation of development programmes. However, a number of challenges remained in incorporating human rights into development work. It was important that States take steps to ensure that the right to health framework was integrated into health-related development programming and to ensure that information on the right to health framework, including the need for transparency, accountability and participation of individuals and communities in decision-making that had a bearing on their health, was disseminated and its use promoted in development-related areas.

The Special Rapporteur noted that in Guatemala the subject of the visit was the right to health of indigenous people and women, as well as access to medicines and medical care. Despite recent progress and the constitutional protection of indigenous groups, there was a clear and consistent failure to address the situation of indigenous people in Guatemala. Displacement from lands as a result of economic development had further negative impacts on health outcomes of indigenous people. The Special Rapporteur recommended the adoption of a comprehensive health strategy for the promotion of the right of health of indigenous people. Polices and programmes with regard to the delivery of health services in these communities should be developed. Rural indigenous women were among the most marginalized in Guatemala. The Special Rapporteur registered concern about the growth rate of unsafe abortions, which he noted was a factor in maternal mortality and morbidity.

The Special Rapporteur noted that in Syria all the health care services were accessible because they were free of charge. However Mr. Grover registered concern about maintaining the quality of these services. The Special Rapporteur noted that the problems concerning investment in and the empowerment of women with regard to health care in Syria had negative effects, including curtailing the ability of the State to deliver sexual education, leading to early marriage, sexually transmitted diseases etc. The Special Rapporteur noted the lack of awareness of gender based violence in the Government and the wider community. He noted that access to justice for victims must be ensured to. Syria was home to a dozen ethnic and linguistic groups and to refugees. The provision of services to refugees was commendable but some groups had difficulty to access care because they lacked the proper papers to prove statelessness.

The Office of the High Commissioner for Human Rights had convened an expert consultation that focused on access to medicines as a fundamental issue to the right to health. The Special Rapporteur noted that Governments and the international community as a whole had a responsibility to provide access to all, including those living in poverty and those in marginalized groups.

JOY NGOZI EZEILO, Special Rapporteur on trafficking in persons, especially in women and children, presenting her annual thematic report to the Human Rights Council and a report on communications and on country visits, said the annual report focused on the right to an effective remedy for trafficked persons, as adequate and effective remedies were often out of reach of the victims despite the human rights violations they had suffered. There remained a wide gap in practice between the law and its implementation and in many States trafficked persons were not provided with remedies as a matter of right but only with ad hoc measures primarily aimed at criminal investigation.

The present report considered the legal framework of the right to remedy, good practices and main challenges in ensuring its effective implementation at the national level. It also set out in detail each component of the right to an effective remedy, identifying specific factors to be considered with applying this right to trafficked persons. Restitution warranted a cautious approach as simply returning the trafficked person to the pre-existing situation might place him or her at the risk of further human rights violations. Recovery was a crucial form of remedy for trafficked persons not only in itself but also as a means to seek other forms of remedy such as compensation and there were often obstacles in ensuring non-discriminatory and unconditional provision of services to assist the full recovery of trafficked persons. Compensation, while being the most widely recognised form of remedy was not often readily accessible to trafficked persons. There was a need for special considerations for trafficked children in seeking remedies, which should be guided by the general principles of the Convention on the Rights of the Child and ensuring that the best interests of the child should be the primary consideration.

The Special Rapporteur then presented the draft basic principles on the right to an effective remedy for trafficked persons which did not contain new forms of human rights, but highlighted the existing human rights norms and certain factors which needed to be given consideration in the context of trafficking in persons.

Concerning the country visits conducted in 2010, Ms. Ezeilo said she had visited Egypt, Argentina and Uruguay. Egypt had increasingly become a source and destination country for trafficked persons and there was a concern for the growing trend of “seasonal or temporary” marriage which was sometimes used as a smokescreen for sexual exploitation. Fundamental challenges remained to be addressed in Egypt, including collecting accurate data on the forms and manifestation on trafficking in persons in the country, provision of comprehensive training programme to increase knowledge of trafficking in persons among all stakeholders, proper identification and referral mechanisms for trafficked persons and other.

Argentina had clearly become a destination country for children, women and men trafficked for purposes of sexual exploitation, forced labour, or slavery. Trafficking in children for the purposes of bonded labour and forced prostitution was an especially worrying issue. There was a limited coordination of anti-trafficking activities between national and provincial levels, lack of identification and referral mechanisms for trafficked persons and the insufficient availability of facilities and services specifically designed to provide victims with direct assistance.

The Special Rapporteur welcomed the openness of the Government of Uruguay and its solid commitment to combat trafficking in persons as seen in the enactment of domestic legislations and specialised courts and prosecutors. However, there was a lack of statistical information to determine the prevalence rates and trends of human trafficking which rendered the phenomenon invisible and unacknowledged among the population and the authorities. The number of prosecutions and convictions still remained extremely low. The Government should undertake a national survey on human trafficking to obtain updated information on prevalence rate within the country, design a comprehensive national plan of action on combating trafficking in persons and establish a central agency to address human trafficking and enhance coordination. In closing, Ms. Ezeilo mentioned two consultations convened in 2010, on the role of regional and sub-regional mechanisms in international efforts to counter trafficking in persons and on the right to effective remedy for trafficked persons.

Statements by Concerned Countries

CARLOS RAMIRO MARTINEZ ALVARADO (Guatemala), speaking as a concerned country, thanked the Special Rapporteur on the right to health for the report on and visit to Guatemala. Guatemala shared the concern about issues related to health care for women and indigenous people as expressed by the Special Rapporteur during the visit. The resources currently invested in the health care system were limited, which affected access to health for marginalized people. Guatemala had prioritized regions, areas and populations with limited access, focusing efforts on restructuring public programmes, equipping them with sufficient resources and focusing on underprivileged groups, such as women and indigenous people. Guatemala had taken actions to extend coverage and strengthen health care systems and would continue to do so countrywide. Guatemala emphasized success in combating discrimination in health care systems and noted the crucial role capacity building could play in these efforts. Guatemala was committed to combating violence against women and was implementing plans to prevent domestic violence. In regard to access to medicine, reforms had been planned and Guatemala was considering the challenges underlined by the Special Rapporteur. Guatemala was willing to prioritize international instruments over domestic law in fulfilling the right to health.

FAYSAL KHABBAZ HAMOUI (Syria), speaking as a concerned country, said Syria endeavoured to improve its health system on an ongoing basis regardless of obstacles, such as the Israeli occupation, devastating war, and the arrival of Iraqi and Palestinian refugees. without the assistant of the international community. Syria cooperated closely with the Special Rapporteur and welcomed her positive remarks, particularly on the issues of access to health care to all citizens and progress in maternal health care. Infant mortality had decreased beyond the level established by the Millennium Development Goals. Syria recently expanded the scope of its health care system to include the elderly and other marginalized groups and it was one of the few countries in the world with constitutional guarantees granting access to medicines and health care. The Syrian constitution allowed women to participate in social, cultural and economic life and the Government was working to improve equal and non-discriminatory provision of health care, promote awareness campaigns to protect women and to respect the provisions of the constitution. Syria extended to refugees the right to health care on an equal footing with its citizens and noted with concern that the international community had not contributed to meet the needs of the refugees. Syria indicated that some recommendations went beyond the mandate of the Special Rapporteur. In Syria, stateless persons had been given Syrian nationality and a comprehensive reform programme was currently underway. Recommendations concerning the additional Protocol of the Convention against torture and that of allowing Iraqi nationals to work went beyond prerogatives of the Special Rapporteur.

HECTOR RAUL PELAEZ (Argentina), speaking as a concerned country, noted that for years now it had held out open invitations to all human rights bodies across the international system. The Government recognized the need for prevention and prosecution of the crime of trafficking whether for sexual exploitation or labour exploitation. Trafficking in persons was an abhorrent crime. Argentina had collaborated fully in setting up the agenda carried out by the Special Rapporteur. Argentina agreed with many of the observations by the Special Rapporteur. The crime of trafficking could not be combated on a unilateral basis. Argentina said that among its recent initiatives regarding trafficking were the maintenance and expansion of activities to provide assistance for victims and training and capacity building for public officials. Argentina had ratified the protocol to prevent the trafficking of women and children and supported and was a party to the UN global plan against trafficking in persons adopted in 2010.

HEBA MOSTAFA RIZK (Egypt), speaking as a concerned country, said Egypt paid particular attention to combating trafficking in persons, especially women and children. In response to the report of the Special Rapporteur on trafficking in persons, especially women and children, Egypt noted that the report indicated the lack of accurate data in Egypt and cited efforts to establish a database on trafficking in persons. Due to the lack of data, Egypt found it difficult to accept the conclusion that Egypt was a country of both origin and destination of victims of trafficking in persons. Egypt noted its efforts to train law enforcement officials and others on victim identification and the steps being taken to establish and rehabilitate shelter facilities. Egypt emphasized its work on national coordination and providing legal assistance. Egypt highlighted its draft proposal for a national mechanism for referral of cases of trafficking in persons. Egypt was keen to provide protection to domestic workers, made note of the fact that many countries did not issue temporary residential permits and emphasized that its policies were consistent with international law. A national implementation plan for income-generating programmes was being implemented to address the root causes of human trafficking. Egypt affirmed that its actions in regard to shooting incidents along the border with Israel were justified.

Interactive Dialogue

MARIA LOURDES BONE (Uruguay) said that trafficking was a sensitive area that particularly affected women and children due to unequal relationships of power in countries. Uruguay started late to realize that this was a problem that affected all and had recently begun to build institutions to prevent trafficking and protect victims. Uruguay recognised this issue as a challenge and requested further international cooperation to this end; work was being carried out on a manual to assist victims and to prevent new victims. Furthermore, an ongoing programme to provide computers to children had included provisions and training to inform and raise awareness concerning the dangers of trafficking. Trafficking affected marginalised groups with particular severity. Reports presented to the Ministry of Justice accounted for 27 cases in 2009. Uruguay was working on legislation and victims assistance measures to address this problem; to improve the quality of statistics with support from the international community; and to ensure that measures were taken to prevent trafficking in Uruguayan ports, including inspection and supervision.

NICOLE RECKINGER (European Union) noted that the Special Rapporteur in the report focused on the crucial role that human rights played in achieving sustainable development, with a focus on the right to health. The European Union agreed with the assessment that a human rights based approach should not merely focus on avoiding human rights violations but should be mindful of the realization of all human rights. The European Union noted that the right to health was an essential element to any development process and welcomed the emphasis on non discrimination, equality and the protection of vulnerable groups. The European Union noted that as mentioned in the Special Rapporteur’s report, laws and measures that protected persons affected by HIV/AIDS from discrimination were ultimately one of the most effective ways to combat the spread of HIV AIDS. The European Union shared the concerns of the Special Rapporteur regarding Syria. The European Union noted discrimination against women in the penal code and the lack of measures to fight domestic violence. The European Union noted its concern about the report of food and water supplies to parts of Syria being cut off as part of the current repression. The fight against trafficking was a priority for European Union States. The European Union invited the Special Rapporteur to work closely with its anti trafficking coordinator.

N. ZHYLEVICH (Belarus) said Belarus was satisfied with the work of the Special Rapporteur on trafficking in persons, especially women and children, who participated in country visits and events, and prepared thematic guidelines. Belarus was pleased with the development of the new guidelines for victims of human trafficking, and the holistic, human rights approach used. Belarus drew the attention of the Special Rapporteur to negotiations on a global plan of action and was grateful for the Special Rapporteur’s support for the initiative. Belarus emphasized the creation this year of the Geneva group, made up of more than 20 like-minded States, united against human trafficking and working together to promote work on human trafficking.

MARIA NAZARETH FARANI AZEVEDO (Brazil) said the report of the Special Rapporteur on the right to health recognized the importance of putting human rights at the core of development policies. Health was at the top of the agenda for cooperation, training, capacity building, research and access to medicines. Brazil emphasized the importance of developing generic medicines without risking falsification given that universal access to medicines was a key element of the Brazilian health system. The Trips plus were curtailing access to medicines. With regards to trafficking in persons, actions were taken to assist victims of trafficking; measures included education and support to police and governmental officials in specialised units and posts to prevent victimisation. Public servants, including police, were trained to identify and support victims; and foreigners might be granted residence status to facilitate reparations.

EVAN P. GARCIA (Philippines) found the report of the Special Rapporteur on trafficking in persons to be forward looking. The vast majority of persons who were trafficked were misidentified as irregular migrants and strategies for identification needed to be developed. This was a transboundary issue and questions as to obligations of countries with regard to seeking of justice were important. The Philippines noted that it provided for a national trust fund that allowed reintegration of trafficked persons into society and provided medical and legal assistance among other things. The Philippines noted that ASEAN had stepped up efforts to combat trafficking in persons. The Philippines encouraged the Special Rapporteur to look into the root causes of trafficking.

IRUTHISHAM ADAM (Maldives) said that the Maldives welcomed the approach adopted by the Special Rapporteur on trafficking in persons and the focus of the report on ways of providing effective remedy for victims of trafficking. Without remedies rights could not exist and in this regard the Maldives agreed with the Special Rapporteur that failure to prevent crimes such as trafficking in persons breached the standard of due diligence in the fight against human trafficking. As a destination country for a large number of migrant workers originating from neighbouring countries, the Maldives believed that trafficking in persons occurred across its borders but no official studies on the subject had been conducted yet. The country had been put on Tier 2 watch list of the United States due to the lack of systematic procedures that dealt with vulnerable people among the migrant population. As a first step to address the problem, the Government had put in place a Counter Trafficking Plan of Action premised on the three pillars of prosecution, prevention and protection. The Government had recently partnered with the International Organization for Migration to formulate a comprehensive multi-sectoral plan to address the issue of trafficking in persons.

PETER WOOLCOTT (Australia) said that an effective remedy for trafficked persons was broader than the question of compensation. Australia recognised its international legal obligations for providing remedies and had taken measures, including changes to the People Trafficking Visa Framework and the Support for Victims of People Trafficking Programme. In this regard, Australia noted the continuing importance of balancing the needs of victims against the need for a strong criminal justice response which targeted perpetrators of this crime. Australia’s aid programme aimed to change the conditions which make individuals and communities vulnerable to trafficking and other forms of exploitation such as poverty, unemployment, corruption, gender inequality and lack of access to education and discriminatory cultural norms. At the meeting of the Bali process on People Smuggling, Trafficking in Persons and Related Transnational Crime, co-Chaired by Australia and Indonesia, Ministers noted the particular importance of promoting a victim-centred approach to law enforcement. Ministers also agreed to reinvigorate the Bali Process cooperation on practical measures and activities aimed at increasing the capacity of States to address the issue, particularly victim protection.

LASZLO JUHASZ (Slovakia) said that Slovakia valued the draft basic principles on the right to an effective remedy for trafficked persons. Slovakia agreed that addressing the root causes of trafficking was often crucial to assuring effective restitution for victims of trafficking, in particular cases of gender discrimination. In this context, the Special Rapporteur mentioned measures that targeted wider communities. Could Ms. Ngozi Ezeila provide Slovakia with more concrete examples of measures that she had in mind or even with some good practices noted in this area. Slovakia noted that an IOM rehabilitation project in India was mentioned - a laundry service employing formerly trafficked women - and asked whether such activities were sustainable and whether there were particular risks in engaging with private companies. Slovakia asked what should be the main criteria for projects involving the private sector.

OSITADINMA ANAEDU (Nigeria), speaking on behalf of the African Group, said the African Group was convinced that in order to obtain the highest level of health there was a need to enhance complementarities between international and domestic systems. Nigeria noted the connection between development and health, but believed that the emphasis on the human rights approach could be augmented by other analysis. Nigeria would appreciate further recommendations on resource availability for enhancing social services. Nigeria expressed appreciation for the analysis of effective remedies for trafficking of persons. Trafficking in persons was a global problem that required global efforts. Penalizing and criminalizing traffickers and intermediaries was important in combating human trafficking. All States had an international legal obligation to provide remedies for the victims of human trafficking, including access to information, free legal assistance and other efforts to assure full recovery and resident status.

DICKY KOMAR (Indonesia) emphasized the importance of a holistic human rights perspective and the achievement of the Millennium Development Goals as an accelerator of socio-economic development. Therefore, in spite of the financial crisis, States must continue to reinvigorate the global partnership for the rights to health and development, and to address them in tandem through a more harmonized cooperation among all players. Indonesia had conducted several successful health programmes over the past two decades, bringing down maternal mortality rates by a third, and the infant mortality rates by half. Indonesia strived to improve the quality and accessibility to community healthcare facilities and affordable drugs by increasing the health budget and providing health financing. Similarly, it endeavoured to enhance community participation by introducing free health care for the poor. Indonesia considered public-private and multi-stakeholders partnerships as highly beneficial as well as the promotion of public health awareness through campaigns and advocacy.

GOPINATHAN ACHAMKULANGARE (India) said that the enjoyment of health was linked to a high standard of living, demonstrating the indivisibility of alleviation of poverty from access to health services. In this context the pursuit of the Millennium Development Goals was significant for the right to health. Putting people and well-being at the centre of the process of development held dividends for the right to health. India noted that the Special Rapporteur did not mention the role of private enterprises in considering the right to health and believed that such a recommendation would have been beneficial.

TIMO BAUER-SAVAGE (Germany) said that trafficking in persons was a serious crime, often committed within a framework of organised crime, and was considered as a gross human rights violation. Effective prosecution and assistance to victims were often impeded due to its complex structure. Germany wished to hear more from the Special Rapporteur on how to better close the gap between legislation and practice. Children were indeed more vulnerable, not only for trafficking but also in determining what their best interest was and Germany asked the Special Rapporteur how to deal with children whose parents were involved in trafficking.
MARGARET WANG (United States) said that although it supported the Millennium Development Goals, particularly those related to health, it disagreed with the “right to health framework” proposed by the Special Rapporteur. It was not well-defined, nor was it necessarily beneficial to the advancement of human rights and public health. Approaches must use evidence-based evaluations and, while human rights considerations were significant to health policy decisions, they must complement and not replace fact-based decision-making. The United States appreciated the human rights analysis of treatment of people with HIV/AIDS. Regarding the report of the Special Rapporteur on trafficking, the United States said that restitution and compensation attacked the traffickers’ profit motivation and disrupted their business. Furthermore, recovery services tended to exclude some victims such as men and child victims of internal trafficking. In the United States, victim cooperation was linked to victims’ non-onerous cooperation to permanent immigration relief and public benefits to prevent fraud and misuse of benefits. Some countries used the reflection and recovery period essentially as a temporary delay of an expulsion order. A reflection and recovery period offered little help if it did not ultimately contribute to the safety of the victim and provide them with a pathway to a new life.

MONIKA P. THOWSEN (Norway) said Norway supported the call to incorporate human rights into sustainable development. Norway would work to ensure that the right to health was integrated into development programming. It was imperative that a broad range of activities were used to evaluate programmes on the right to health. Regarding HIV/AIDS Norway noted the valuable lessons learned over the last 30 years and the great progress made. However, HIV/AIDS was still associated with stigma marginalization and inequality. Trafficking in persons was a current challenge facing countries seeking to assist victims of trafficking. Victims must be provided with information that was appropriate for their language and that was timely. Norway supported the report of the Special Rapporteur on trafficking in persons. However, Norway noted that the report stated that the possibility of obtaining compensation was illusory. Norway said that it did not readily accept this and that countries should allow victims to benefit from existing funds for victims of trafficking.

AHMED MOHAMED ABRO (Djibouti) said that, as was emphasised in the report of the Special Rapporteur on trafficking in persons, especially in women and children, there indeed was a need for increased cooperation between stakeholders to eliminate this scourge. Concerning the report presented by the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, one of its priorities was the preservation of the physical and mental health of its population, as enshrined in the 2008 national initiative. In conclusion, Djibouti thanked all the partners of the United Nations system and other partners for their lasting contribution towards the achievements of the Millennium Development Goals in this country.

MAJDA MOUTCHOU (Morocco) said that the report of the Special Rapporteur on the right to health highlighted the relationship between health and development, and its importance for the realisation of other human rights. The right to health was a precondition for other rights and active participation in social and economic development. Morocco implemented strategies to facilitate access and a fairer distribution to health services and reduce mortality rates, including partially free health care for marginalised groups. Morocco emphasised the difficulty of harmonising the concern for human rights and development without compromising fundamental values. Concerning the report of the Special Rapporteur on human trafficking, Morocco said trafficking constituted a serious violation of fundamental rights and emphasised the importance of effectively providing restitution, compensation and guarantees of non-repetition for victims. Morocco had modernised its legislation to this end, providing protection to victims as part of efforts to combat violence against women and awareness campaigns about the rights of children and sexual exploitation.

MUHAMMAD SAEED SARWAR (Pakistan), speaking on behalf of the Organization of the Islamic Conference, noted that a sustainable approach to the right to health should include both national and international dimensions. It was regrettable that the key elements of the analytical framework had not been adequately resource allocation both at national and international levels the focus of the report on the human rights based approach Independent Expert the right to health in the background. The Special Rapporteur should focus more on resource availability in the future work on the right to health. The Organization of the Islamic Conference had read the report of the Special Rapporteur on “Expert Consultations on access to medicines as a fundamental component of the right to health” and agreed that availability, affordability and accessibility of quality medicines were important. High prices of medicines were an obstacle to the right to health. Generic production of medicines in developing countries should be encouraged to produce cheaper but quality medicines. The Organization of the Islamic Conference believed that bilateral and other free trade agreements should not include TRIPS plus provisions. Could the Special Rapporteur comment on this. Trafficking in persons was a global phenomenon and no region was spared. There was a need to pay attention to the demand side of trafficking.

BHRIGU DHUNGANA (Nepal) said that Nepal appreciated the emphasis of the Special Rapporteur on trafficking in persons of remedy besides compensation. As human trafficking was a serious problem for the effective realisation of human rights, concrete mechanisms must be built on national, regional and international levels that focused on particular needs of victims and for best interest of the child. The Government of Nepal attached the greatest importance to combating human trafficking and had undertaken a number of measures and initiatives to control trafficking in persons and address rehabilitation of victims. Nepal strongly believed in the independence, impartiality and neutrality of Special Rapporteurs, nevertheless it had found some inconsistencies in the report of the Special Rapporteur on trafficking in persons concerning forced and child labour in so-called rat-mines, but the communications from the Government to this effect had not been included in the report.

BARBARA FONTANA (Switzerland) thanked the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, for the high quality of his report and for the summary of expert consultations on access to medicines. Switzerland shared the finding of the Special Rapporteur that the right to health was closely linked to a range of other rights and played paramount role in human development. Switzerland was implementing a number of bilateral and multilateral projects and programmes aiming to increase access to health in a number of countries and then asked how the Special Rapporteur saw the role of non-state actors in the access to health in developing countries. Switzerland supported access to medicines which was being pursued by the World Health Organization and had recently published a study on the World Health Organization strategy on public health as implemented in Switzerland. This study had also looked into intellectual property for medicines for diseases prevalent in developing countries.

IMAD ZUHAIRI (Palestine), speaking on behalf of the Arab Group, reiterated the commitment of the Arab countries to combat human trafficking. This effort was embodied in their work to develop capacity building initiatives in the region; as well as greater cooperation and coordination among the relevant institutions in these countries. Furthermore Palestine indicated the need to combat other crimes associated to human trafficking and the importance of upholding a human rights-based approach. Palestine emphasised the importance of focusing on victim protection and indicated that it created a special unit to this end. Palestine requested the Special Rapporteur to emphasise the role of international cooperation and ask her opinion concerning the potential contribution of Israel to the efforts to combat human trafficking.

SHEIKHA SALMAN AL ZAABI (United Arab Emirates) said the United Arab Emirates had a set of legal and institutional frameworks in the field of human trafficking and offered reintegration and rehabilitation programmes for victims. The United Arab Emirates noted that its experience had become a model in the region. Regarding the problems of child jockeys, approximately $ 10 million had been allocated for the rehabilitation of child jockeys. The United Arab Emirates was fully aware of the international nature of the issue and that was why it had joined the UN protocol on trafficking in persons. The United Arab Emirates supported the adoption of the UN global action plan against trafficking persons and it had contributed $ 30,000 to this fund.

PATRICIO SILVA (Uruguay) said the right to health played a crucial role in sustainable and human development and in the achievement of other rights. That was why Uruguay had undertaken a health care reform with the understanding that access to health must be universal and provided at affordable prices and at acceptable quality. All the population had access to health at prices in line with their income, while special programmes focusing on children, adolescents and elderly had been developed. Uruguay also had developed a primary health care strategy and had made investment in increasing access to safe water and sanitation.

SEYED HOSSEIN ZOLKATHARI (Iran) said that Iran maintained that a sustainable approach to achieve the highest possible standards of physical and mental health for everyone should include both national and international dimensions, as there was a need to foster an international enabling environment to facilitate realisation of the right to health of all nations without discrimination. Iran concurred with the Special Rapporteur on the right to health that availability, affordability and accessibility of quality medicines were equally important and that the high prices of medicines was one of the most important impediments to the realisation of the right to health. Technology transfer to developing countries should be encouraged to strengthen their domestic capacity and medical industries in developing countries should be persuaded to produce cheaper but quality medicines.

A. H. M. V. NAWAZ (Sri Lanka) said that trafficking targeted individuals who did not consent to work or, even if they did, inflicted suffering on them which made work meaningless. For this reason collective action was necessary to combat the pernicious effects of trafficking in persons, as well as complying with international norms and standards. Among other measures, Sri Lanka implemented the criminalization of trafficking in persons and sensibilization and training programmes for civil society and other relevant stakeholders; and incorporated remedies in order to assist victims and facilitate their reintegration. Further best practices must be developed to further improve prevention and prosecution of trafficking incidents.

EKSIRI PINTARUCHI (Thailand) said Thailand agreed that the incorporation of the human rights perspective, especially the right to health, into development strategy would ensure more people centered and inclusive development approaches. Mainstreaming the right to health framework into health related development policies would reinforce their implementation. Thailand’s constitution guaranteed community rights whereby local people must be consulted on development of projects that might have an effect on their health. Thailand was working to strengthen laws and regulations to ensure sustainability and real public participation in the process. Thailand asked the Special Rapporteur to provide more examples of best practices and the challenges that arise from mainstreaming the right to health and development strategy. Thailand had taken an integrated approach to trafficking in persons, whereby public and private agencies concerned worked together as multidisciplinary teams. This reflected the national guidelines covering measures of rescue, rehabilitation, repatriation and reintegration

HAO XINYUN (China) said that the report by the Special Rapporteur on the right to health contained a number of recommendations on combining other rights to the right to health. Despite the economics crisis, China still increased investment in health which last year had reached almost 5 per cent of the gross domestic product, while access to anti-retroviral treatment had been increased throughout the country. The Chinese Government had been giving a great attention to safety of medicines and had constantly been improving access to medicines. China recommended to the Special Rapporteur to make further suggestions on technology transfer to developing transfer for production of medicines. Turning to the report by the Special Rapporteur on trafficking, China sad that its Government had zero tolerance and was cracking down on trafficking in women and children and had set up centres for rehabilitating of victims and all this measures were demonstrating very good results. China had signed a number of bilateral and multilateral agreements with relevant countries on cracking down on trafficking in persons.

JUAN ANTONIO QUINTANILLA ROMAN (Cuba) said Cuba took note of the report by the Special Rapporteur on the right to health, and of his statement that enjoyment of this right could significantly contribute to the enjoyment of other rights. Development was not always synonymous with access to health and the experience of developed countries, where many people did not have access was well documented. In Cuba, the situation was different and its targets for Millennium Development Goals were met in quasi-totality. This was a direct result of the revolution which had made the wellbeing of the society and the population a priority, despite the embargo imposed on Cuba by the United States for over half a century. Cuba also took note of the report by the Special Rapporteur in trafficking in persons, and said that this phenomenon was increasing and that its trans-national nature demonstrated the need of countries of origin, transit and destination to work together to control and prevent human trafficking.

ANA ISABEL CARRILLO FABIAN DE PIMENTEL (Guatemala) said that human trafficking increasingly affected people and thus States must urgently address this issue and find measures to assist victims. Remedies involved more than economic compensation, including informing victims of their rights, and providing relevant assistance, protection in cases where return to their home countries were dangerous. Guatemala established legislation in 2009 to address sexual violence, exploitation and human trafficking and it created a national Ministry to oversee its implementation. A national plan of action and public policies to address human trafficking was promoted to articulate the application of domestic and international norms; and working on prevention, protection and prosecution of human trafficking incidents. Finally, Guatemala urged the international community to provide cooperation and assistance in order to allow States to fulfill their commitments and better protect the human rights of victims of human trafficking.

AHMAD FAHAD ALMAREK (Saudi Arabia) noted the link between the right to health and the right to development, particularly to human development. Saudi Arabia believed that women and children should be in particular focus on this because of the vulnerability of both groups. Saudi Arabia had enacted laws against prostitution and other measures to protect women. Saudi Arabia was convinced that the human person was the ultimate beneficiary of these rights. Saudi Arabia’s laws contained an article that the Government must provide health care to all citizens as an absolute right.

CHRISTIAN GUILLERMET-FERNANDEZ (Costa Rica) said that the work of the Special Rapporteurs provided important elements in the fight for human rights. Costa Rica welcomed the establishment of draft guidelines on effective remedy for victims of trafficking. Dialogue in multilateral fora was extremely important given the trans-national nature of trafficking in persons. Costa Rica recognised the strong link between health and development in this country and therefore one of the greatest undertakings of the Government was the progress in human development, as seen in child, infant and maternal mortality for example. Costa Rica called for human rights to be kept at the heart of international policies and sustainable development.

HEBA MOSTAFA RIZK (Egypt) said Egypt appreciated the consultations carried out by the Special Rapporteur and emphasised the links between the right to health and the right to development. The report focused on individual cases of spreading of HIV, this was only an abridged demonstration of the links between the right to health as it related to the fight against HIV and how this linked up to overall development. Egypt stressed the need to assess the impact of development policies on human rights and that the realisation of development will contribute to the realisation of all human rights and fundamental freedoms, in line with the principles underpinning the right to development. Regarding the report of the Special Rapporteur on human trafficking, Egypt agreed with the need to adopt a multifaceted approach to providing remedies to victims of trafficking and protecting them against further victimisation.

ISABELLE FAVRE, of the United Nations Children’s Fund (UNICEF), said that the focus of the report of the Special Rapporteur on trafficking in persons was timely given the adoption by the United Nations General Assembly of the UN Voluntary Trust Fund for Victims of Trafficking in Persons, especially Women and Children in November 2010. The Special Rapporteur identified gaps between policies and legislative framework, on the one hand, and implementation of these policies. UNICEF emphasised the appeal for special consideration for trafficked children in the report and highlighted the increased vulnerability to exploitation faced by children. The reference to the Convention on the Rights of the Children as the guiding documents provided continued guidance on building and strengthening responsive approaches to effectively combat child trafficking. This was one of the major pillars in UNICEF’s Child Protection Strategy with the objective to ensure a comprehensive holistic approach to protecting children from all forms of violence, abuse and exploitation including that of child trafficking.

KRISTINA SUKACHEVA (Russian Federation) noted that the study on economic development and the people’s level of health was important. The recognition of this link was entirely in line with its national priorities. Even in the midst of the global financial crisis, the Russian Government had maintained its commitment to full fledged social support for the people. The Russian Federation requested clarification on the ways in which countries could take a rights approach to development referred to in the report AHRC25. On the issue of human trafficking, the Russian Federation noted that both receiving and sending States bore equal responsibility for the expansion of human trafficking. The Russian Federation expressed support for the Special Rapporteur’s statement that the underlying causes of trafficking needed to be combated. The Russian Federation noted that reasons for increases in trafficking included the legalized sex industry and the demand for cheap unregulated labour.

ANGELIKI DOUKA (Greece) said that Greece welcomed the focus of the report by the Special Rapporteur on trafficking in persons on the right to effective remedy, particularly for trafficked children who deserved special attention. Greece also thanked the Special Rapporteur for the draft basic principles and agreed that effective remedy was a key issue in the process of protection and re-integration of victims of trafficking. Greece asked the Special Rapporteur what kind of legal status she envisaged for the draft principles. Greece had taken important steps to address the issue of trafficking in persons and had enhanced its efforts to respond to the problem though legislative reforms, interagency coordination, extensive protection for victims and systematic prosecution of criminal networks exploiting trafficked victims. The Government’s political will was to be among the leading players in the international endeavour for confronting modern forms of slavery and to that and had ratified the Palermo Protocol and had signed the Council of Europe Convention on Action against Trafficking in Human Beings.

KWON SOONCHUL (Republic of Korea) said that the Republic of Korea supported the emphasis of the Special Rapporteur on trafficking in persons on a holistic approach to implementation the right to remedies, in particular for trafficked children who were often marginalised. Progress had been made in some countries recently through the establishment of a national mechanism to guarantee substantive and procedural component of the right to remedies. In the Republic of Korea, the Government had set up a domestic mechanism to protect the human rights of trafficked persons during investigation and legal proceedings. Victims also had access to counselling facilities and protective assistance, including health and legal services. Special attention had been given to the vulnerable such as children and migrant women and since 2006 the Government had been providing individually tailored programmes for rehabilitation of trafficked youth. The Republic of Korea looked forward to hearing from the Special Rapporteur on collaborative options with other stakeholders including international organisations and civil society.

EDGARDO TORO CARRENO (Venezuela) said that the Venezuelan Government provided sufficient proof and detailed information to the Office of the High Commissioner for Human Rights refuting claims made in perjury of its image, concerning the psychical, psychological and health of former-judge Maria Afiuni Mora, prosecuted for corruption and abuse of authority. In this regard, the report of the Special Rapporteur on the right to health did not accurately reflect the fact that the detention under house-arrest of Ms Afinui Mora was due to her rehabilitation from chirurgical procedures, unrelated to her time in jail, and according to constitutional provisions. Regarding the report of the Special Rapporteur on human trafficking, Venezuela emphasised the contribution made by her work on basic principles as an important tool to assist victims of trafficking and the detailed identification of its components of the rights of victims.

JOHANNES STRASSER (Austria) agreed with the assessment of the Special Rapporteur on the right to health that the promotion and protection of all human rights was a crucial element in the process of sustainable development and that the process had great effects on physical and mental health. Austria asked to know whether the Special Rapporteur had found examples of best practices in regard to participation, community empowerment and the need to focus on vulnerable populations. Austria welcomed the Special Rapporteur’s attention to the right of health to persons in detention and read with interest the report on the trip to Syria. Austria agreed with the assessment of the Special Rapporteur on trafficking in persons, especially women and children that discussions related to human trafficking on the international level often focused on the right to compensation and that other components should be equally important aspects of remedy. Austria shared the view of the Special Rapporteur that sensitization and awareness training activities and a focus on the situation of children should be prioritized.

ANNA UGGLA (Sweden) said that the main observations of the report of the Special Rapporteur on the right to health were in line with Sweden’s Policy for Global Development, which was founded on the principles of poverty eradication and promoting human rights. Swedish development cooperation aimed at addressing both matters related to resources, such as technology, and democracy and human rights. Such a double approach was imperative to create opportunities for individuals to raise their living standards at all stages of their living cycles. Sweden noted that the World Bank had in its report “Moving out of Poverty” stressed that health was the single most important determinant for poor people in being able to improve their lives and move out of poverty, and had also noted that human rights perspective on health was crucial in fighting HIV/ADIS. Sweden noted that people who might be perceived as vulnerable generally had been made vulnerable through discriminatory structures and thus encouraged the future reports of the Special Rapporteur to acknowledge the root causes to perceptions of vulnerability.

MANUEL ALHAMA ORENES (Spain) highlighted the proposal concerning cooperation policies, the inclusion of a rights-based approach to development and stressed the contribution that this approach made to development in the long term. Spain underlined the importance of developing a normative framework based on international standards in order to improve design and implementation of development plans. Incorporating the right to health in development programmes would strengthen their content facilitate their implementation, by clarifying both immediate and progressive obligations to respect, protect and fulfil as well as providing special attention to preventing non-discrimination, equality and vulnerability. In order for States to uphold their human rights obligations, it was necessary to achieve judicial and normative coherence and a vision of development based on holistic initiatives that incorporated the principles of universality, interdependence and indivisibility of human rights. Finally, Spain urged States to ratify the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights.

VLADIMIR CHIRINCIUC (Republic of Moldova) commended the report of the Special Rapporteur on trafficking in persons, especially women and children and welcomed the recommendations that made possible the advance of an effective remedy to a new qualitative stage and indicators related to minimal state obligations. The Republic of Moldova was interested to know whether the Special Rapporteur had considered the importance of the awareness of principles on the right to an effective remedy for trafficked persons and asked to know more about advanced practices and policies for preventing and discouraging the demand of trafficking in human beings. The Republic of Moldova appreciated its communication with the Special Rapporteur to ensure the rights and freedom of journalist and human rights defenders dealing with trafficking in human beings are respected and protected. The Republic of Moldova reiterated its invitation to the Special Rapporteur to visit the country and its support for the work of the Special Rapporteur.

MANSOOR ABDULLA AL-SULAITIN (Qatar) said Qatar welcomed the conclusions made in the report of the Special Rapporteur on the right to health, particularly the link made between the right to health and the right to development. This was particularly important in the light of Millennium Development Goals and the fact that only three years were left before the deadline. International cooperation must therefore be stepped up and official development assistance commitments must be respected. Qatar had adopted a national health plan involving all stakeholders which fostered healthy living styles and had diversified the provision of health services to all the population, Furthermore, the national health strategy sought that health care played an important role in health research and regional and international cooperation. Turning to the presentation by the Special Rapporteur on trafficking in persons, Qatar said it was a pioneer in combating this scourge and its national institutions involved in the combating human trafficking had adopted a five-year national strategy which also sought to strengthen regional cooperation through training. Comprehensive Arab strategy to combat human trafficking was to be launched in June this year and would also support capacity building for the Arab world in the area of human trafficking. Fighting human trafficking could only be effective if there was a global programme to address its root causes: poverty, exclusion, economic development and others.

Concluding Remarks

ANAND GROVER, Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, in concluding remarks, noted the positive response from the Government of Guatemala and Syria to his report. In reply to comments made by Syria expressing concerns with the limits of his mandate, Mr. Grover indicated that his report also addressed other socio-economic determinants to which Syria had not objected. Furthermore, the reference to the issue of citizenship focused exclusively on the implications of identity cards on access to health. Mr. Grover reiterated that the Syrian Government had taken positive measures with regards to health but further attention was required on gender-based violence. The report addressed injuries due to fighting, as well food and water supply and their effects on health.

Responding to the comments made by Brazil, Mr. Grover stressed the importance of securing access to medicines. TRIPS flexibilities were very important and expressed his intention to do further work on the issue. Mr. Grover took note of references to the role of non-state actors and recalled that the Special Rapporteur on human rights and transnational corporations and other business enterprises, Mr. John Ruggie, had also addressed it. Concerning the relationship between the right to development and the right to health, Mr. Grover acknowledged the divergent views expressed by delegations during the debate. Mr. Grover agreed with the delegate of Cuba that there was no one-to-one correlation between health and development and, responding to the United States, questioned the assertion that the right to development was not well-developed but acknowledged other contested issues. Mr. Grover concurred with Norway’s emphasis on the importance of evidence-based approaches to the right to health and said that his report aimed at this. In reply to Switzerland’s remarks on the relationship between access to medicines and communicable diseases, Mr. Grover indicated that he expected to address the issue in the near future.

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