Human Rights Council starts interactive dialogue with Experts on foreign debt and extreme poverty

Human Rights Council
AFTERNOON

31 May 2011

Concludes Interactive Dialogue on Migrants, Right to Education and Cultural Rights

The Human Rights Council this afternoon started its clustered interactive dialogue with the Independent Expert on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of human rights, particularly economic, social and cultural rights, and the Independent Expert on the question of human rights and extreme poverty. It also concluded its clustered interactive dialogue on the reports of the Special Rapporteur on the human rights of migrants, the Special Rapporteur on the right to education, and the Independent Expert in the field of cultural rights.

Cephas Lumina, the Independent Expert on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of human rights, particularly economic, social and cultural rights, presenting his report, updated the Council on the regional multi-stakeholder consultations on the draft general guidelines on foreign debt and human rights, as well as reports on missions to Australia, the Solomon Islands and Viet Nam. The multi-stakeholder consultations on the guidelines were intended to generate ideas on the form and content of the draft guidelines. The guidelines were designed to ensure that the obligations assumed by States in loan and other international financial arrangements did not impair capacity to fulfill human rights obligations. In accordance with the Council’s request, three regional consultations, in Latin America and the Caribbean, Africa, and the Asia/Pacific region, were convened. The main issues discussed included key human rights and international legal principles, the impact of economic reform policy prescriptions, sovereign loan agreements, a new, enhanced debt sustainability framework, assessment before and after loan contraction, safeguard measures, mechanisms for public audits, the impact of trade liberalization, transparency and accountability, and the role of parliaments and civil society.

Maria Magdalena Sepulveda Carmona, the Independent Expert on the question of human rights and extreme poverty, said the recent economic and financial crises had had devastating consequences for those living in poverty, exacerbating deprivations, and increasing inequality and poverty. Governments, reacting to the crises, had been forced to adopt a series of recovery policies that had involved severe austerity measures. The report today focused on the impact of recovery measures on the enjoyment of human rights by people living in poverty and set out parameters that should guide such measures to ensure compliance with human rights obligations and the protection of the most vulnerable sectors of society. States had to dedicate the maximum of resources available to progressively achieve full realization of all economic, social and cultural rights, even during difficult economic times. Of particular concern were measures to curtail already limited social protection schemes. Similarly, the implementation of regressive taxation measures tended to disproportionally impact those already experiencing financial difficulties. Ms. Sepulveda also presented reports on her official missions to Viet Nam and Ireland,

Speaking as concerned countries were Australia, Ireland and Viet Nam.

Speaking in the interactive dialogue on foreign debt and on extreme poverty were Indonesia and Chile.

Albania and China spoke in right of reply.

At the beginning of the meeting, the Council concluded its interactive dialogue on migrants, the right to education and cultural rights.

In concluding remarks, Kishore Singh, the Special Rapporteur on the right to education, reiterated his desire to promote close collaboration with members of the Council. He expressed his intention to address the national initiatives mentioned during the debate by States in his future work. Cooperation with the United Nations Educational, Scientific and Cultural Organization and the United Nations Children's Fund was important to further cooperation in the field of capacity building and, in particular, in order to meet the demands of high quality education financing. It was very important to broaden this cooperation and follow up recommendations of this Council and human rights treaties. Concerning international cooperation, Mr. Singh stressed the importance of States obligations, above that of voluntary assistance and international cooperation.

Farida Shaheed, Independent Expert in the field of cultural rights, said in her concluding remarks that the challenge was that the interpretation of States and representative cultural groups of cultural heritage might not be the interpretation that the individual members of the groups held. She noted that the issue of diversity policies as related to the cultural issue of minorities was an important issue. Such policies had also been used to assimilate minorities. It was important to obtain minorities consent before making policies regarding their culture. There was a need for consultation and meaningful participation of concerned communities.
Jorge Bustamante, the Special Rapporteur on the human rights of migrants, was not able to attend the session and a colleague presented his report earlier in the day. The Secretariat said all comments and questions would be relayed to him.

Speaking in the clustered interactive debate on migrants, the right to education and cultural rights were Greece, Sri Lanka, Poland, Turkey, Armenia, South Africa, Bolivarian Republic of Venezuela, Guatemala, Republic of Moldova, Russian Federation, Norway, Costa Rica, Italy, Bangladesh, Indonesia, the Philippines, the United Nations educational, Scientific and Cultural Organization, the International Federation of Red Cross and Red Crescent Societies, and Angola.

The following national human rights institutions and non-governmental organizations also took the floor: National Human Rights Council of the Kingdom of Morocco, International Organization for the Right to Education, Defence for Children International, European Disability Forum, Action internationale pour la paix et le développement dans la région des Grands Lacs, Franciscans International, Asian Indigenous and Tribal Peoples Network, Centro Regional de Derechos Humanos y Justicia de Género - Corporacion Humanas and North-South XXI.

The Council will meet at 9 a.m. on Wednesday, 1 June to conclude its clustered interactive dialogue on foreign debt and extreme poverty. It will then start a clustered interactive dialogue with the Special Rapporteur on the right to health and the Special Rapporteur on trafficking in persons, especially women and children.

Interactive Dialogue on Migrants, Right to Education and Cultural Rights

EVGENIA BENIATOGLOU (Greece) said that Greece urged all States to reply positively to requests for visits by the Special Rapporteur on the human rights of migrants. Greece noted that it had recently adopted a new national action plan on the reform of the asylum system and migration management as well as two legislative amendments on citizenship and political rights. Greece noted that all persons legally residing in Greece enjoyed the same social security rights, as every Greek citizen, while access to emergency care in hospitals was available to third country nationals regardless of their residence status. Additionally Greece noted housing programmes addressed to refugees, asylum seekers and unaccompanied children were already operational. Greece noted that with regard to political rights, third country nationals, legally residing in Greece, may vote and stand as candidates in municipal elections.

S. B. DIVARATNE (Sri Lanka) said that Sri Lanka held a reputation as being a country with high literacy rates, which had been achieved through adequate resource allocation. The free education act passed in the Parliament guaranteed the right to education to all citizens. High priority was given to information and English, which was a common language binding the people together regardless of other differences. Every child going to school was provided with text books, while many, particularly those from low-income groups, enjoyed school meals. The number of students in higher education had risen considerably. Concerning the report by the Special Rapporteur on the human rights of migrants, Sri Lanka said that although migrants participated in the generation of wealth of a country, many States still did not consider regularisation of illegal status within very strict laws and rules.

ALEKSANDRA WOJTYLAK (Poland) said Poland attached great importance to the issue of cultural heritage in the context of human rights. Cultural heritage was vital for both individuals and communities in their identity and development process. The issue had become of greater importance, given increasing migration rates. It was therefore of utmost importance to ensure that rights, such as the right to take part in cultural life, to enjoy one’s own culture or to maintain, protect and develop cultural heritage were enjoyed by all members of society, regardless of their national or ethnic origin. Poland requested the opinion of the Independent Expert concerning measures to ensure that members of all groups of their societies could enjoy their right to access to and develop cultural heritage; to prevent States from limiting the access to cultural heritage for some communities or even entire societies; and to avoid the instrumental use of cultural heritage.

BIRSEN GOKSU (Turkey) said Turkey shared the concern of the Special Rapporteur on migrants regarding the increasing criminalization of irregular migrants. Irregular migration could not be addressed by the individual efforts of the governments but necessitated a global approach. Turkey agreed with the idea that some pre-emptive measures should be taken in order to address the catastrophic impacts of new global challenges for migrants. Being party to the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, Turkey paid special attention to the safety, human rights and dignity of immigrants and invited all countries to accede to the Convention.

SATENIK ABGARIAN (Armenia) said that Armenia attached great importance to the preservation of cultural heritage in the globalised world and in this connection appreciated the observation by the Independent Expert in the field of cultural rights that common memories between generations could become universal heritage. There was a need to include in peace building initiatives the restoration of cultural heritage. Respect of the norms and standards of international instruments and legislation was absolutely crucial. The implementation of recommendations required political will at national and regional levels. Armenia asked the Independent Expert about the mechanisms available to the international community to enforce the respect of cultural heritage by States.

LUVUYO NDIMENI (South Africa) said South Africa endorsed the focus of the report presented by the Special Rapporteur on the right to education, in particular, on the issue of financing. South Africa noted the importance of global commitments to ensure the fulfilment of the right to education and indicated that the report referred to elements of the Durban Declaration and Programme of Action, adopted at the 2001 Conference against Racism. In the context of the anniversary of this document, South Africa asked the Special Rapporteur for his opinion concerning actions related to non-discrimination and the fulfilment of the right to education. Poverty was one of the greatest obstacles to the realisation of the right to education. Particular attention must be given to international assistance as outlined in the report.

EDGARDO TORO CARENO (Bolivarian Republic of Venezuela) confirmed the need for States to ensure their responsibility in complying with their obligation to provide education without exclusion and discrimination and with the necessary resources to make that possible. Venezuela had invested greatly in education, having built 4,500 schools and 15 universities, making Venezuela one of the largest classrooms in the world. Venezuela recognized the Independent Expert in the field of cultural rights for examining the concept of culture in the context of human rights and including a list of standards for cultural rights. Venezuela restated that the value of culture was an inalienable and constitutional right and pointed to the States participating in the Bolivarian Alliance for the Americas which had agreed to a cultural imperative in rebuilding a new South America based on the culture and art of the region, ensuring the continued existence of its rich and diverse heritage.

LUISA BONILLA DE GALVAO DE QUEIROZ (Guatemala) said that throughout the mandate of the Special Rapporteur on the human rights of migrants, the issues raised had reminded the Human Rights Council of the challenges to the enjoyment of even basic human rights by migrants, even the regular ones. The growing criminalisation of irregular migration and the obstacles that migrants encountered in seeking access to basic services were issues of grave concern. Guatemala believed that those questions must be approached in a comprehensive manner. The themes proposed by the Special Rapporteur, such as migration in the context of climate change and the participation of migrants in political life, showed that migrants were part of development, wealth, and democracy of countries of destination and therefore it was essential to respect and defend their human rights. Guatemala agreed with the Special Rapporteur that there should be better governance internationally and there should be better care, attention for the migrants and increased accession and ratification of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.

VLAD CHORONEINE (Republic of Moldova) said the Republic of Moldova appreciated the good communication with the Special Rapporteur on the human rights of migrants concerning requirements of permission to emigrate from the Republic of Moldova. Since the accession to the 1951 Convention relating to the Status of Refugees and the 1967 Protocol, the Republic of Moldova had been actively involved in the process of setting up legislation and international partnerships to ensure the protection and promotion of the rights of refugees and asylum seekers. The Government of the Republic of Moldova was interested in the protection of migrants’ children and health and tackled the complex issue of family unity and reunification of children with their parents; in this regard, the Republic of Moldova asked the Special Rapporteur for his opinion on best practices and policies.

VICTORIA GUSEVA (Russian Federation) said the assessment of the Special Rapporteur on the human rights of migrants covered some of the most important issues of the modern age. The Russian Federation noted that the report of the Special Rapporteur on the right to education should pay particular attention to access to education for minorities, particularly in the Balkan States. States should provide timely and sufficient resources for educational systems and provide access to education for all. The Russian Federation noted the work of the Independent Expert in the field of cultural rights. The right to cultural heritage required further comprehensive study, including the study of forced migration of minorities and the destruction of cultural heritage. The Russian Federation asked the Special Rapporteur on the right to education to pay special attention to policies in the European Union, particularly in relation to policies regarding Russian-speaking minorities in certain States. The Russian Federation asked for the Independent Expert in the field of cultural rights to follow up on the destruction of monuments and cemeteries, and the distortion of historical truth. The Russian Federation emphasized its full support to the Independent Expert and awaited her visit to the Russian Federation.

MONIKA P. THOWSEN (Norway) said that the report by the Special Rapporteur on the right to education raised a number of issues of importance. Norway shared the concern for the education in emergencies and would like to encourage the United Nations Member States to support financially education within humanitarian assistance. Without sufficient means there was no way that the goal of education for all could be reached, as 40 per cent of children out of school lived in countries affected by conflict. The issue of minimum quality standards was important for both public and private schools and Norway encouraged the use of mother tongue or a known language as the language of instruction. Concerning disparities in access to education, Norway said that the report built a very convincing case for why equality of opportunity in education had to be an overarching principle and supported the recommendations on the need to address multiple forms of inequality and discrimination. On violence in schools, Norway said that attacks on schools undermined progress in education and in other human rights and added that the grave implications of sexual violence and rape for education in conflict-affected countries had not been sufficiently recognised.

NORMAN LIZANO ORTIZ (Costa Rica) said that the report of the Special Rapporteur on the right to education emphasized the importance of education for human development. Costa Rica had reached high levels of development, because it strongly supported education and had prioritised it regardless of limited resources. The right to education was a right in itself but also a vehicle for the fulfilment of other rights. Costa Rica underlined the contribution made by the report in identifying important barriers to education and, on this basis, evaluating national commitments to this end. Costa Rica indicated that a constitutional tribunal had been used to provide legal and juridical means to guarantee the right to education; and asked for the opinion of the Special Rapporteur concerning best practices relevant to this end.

PAOLO CUCULI (Italy) said that in order to cope with the emergency situation stemming from the massive and unprecedented flow of people from the southern Mediterranean shore to Europe, a national plan was adopted and a committee in charge of assisting unaccompanied minors was established. In June 2010, Italy adopted the “Plan for Integration with Security, Identity and Mutual Engagement” to promote migrants’ integration in Italian society.

NAHIDA SOBHAN (Bangladesh) said that migrants contributed to the economy and development of both countries of destination and of origin. Bangladesh agreed with the Special Rapporteur on migrants that the trend of criminalisation of migrants was increasing and was affecting all migrants. Inadequate understanding of host communities could lead to xenophobic feelings toward migrants. It was the responsibility of States and host Governments to prohibit criminalisation, discrimination and stereotyping of migrants. Bangladesh thanked the Independent Expert in the field of cultural rights and said it agreed with most conlcusions and recommendations from her report. Cultural heritage was an important feature of being a member of a community and society. The traditional knowledge and traditional cultural expresions must be safeguarded. Bangladesh commended the work of the Special Rapporteur on the right to education and said that the necessity of international cooperation to ensure equal opporutniteis could not be overemphasised. There was a need for realistic and practical education to esure sustainable development and Bangladesh suggested that the Special Rapporteur take up this issue in his future report.

DICKY KOMAR (Indonesia) said that as a country of many nations, Indonesia believed that all migrants should have access to basic services and be free from exploitation. Indonesia was working closely with other Governments to ensure adequate protection measures were in place and said that more needed to be done at national and regional levels, particularly to prevent human trafficking and smuggling of people. On the right to education, Indonesia said there was a need to tackle root causes of inequality in education. In February this year Indonesia had signed the action plan with three United Nations organizations to pursue development goals in line with national priorities. Key elements of this plan included generation of child-friendly services that reduced disparities and strengthened public spending. Tackling inequality and disparities required solid foundations for growth that would strengthen Indonesia as a whole.

EVAN P. GARCIA (Philippines) said the Philippines endorsed the emphasis placed by the report of the Special Rapporteur on the human rights of migrants on the effects of criminalization of irregular migration on human rights and the need to mainstream human rights in the migration process. The Philippines requested the opinion of the Special Rapporteur on how the international community could improve its capacity to rescue and repatriate migrants caught in difficult situations, and what preventive measures could be taken to ensure that migrants were protected in such situations. The Philippines noted the recent adoption of the United Nations Declaration on Human Rights Education and Training and encouraged the Special Rapporteur to use this instrument in his work as they were complementary and mutually reinforcing. The Philippines welcomed the references to the Association of Southeast Asian Nations Declaration on Cultural Heritage in the report of the Independent Expert on cultural rights, which was an intrinsic part of establishing good regional and international relations.

SUSANNE SCHNUTTGEN, of the United Nations Educational, Scientific and Cultural Organization (UNESCO), noted that UNESCO was the United Nations organization with a special mandate for culture and welcomed the ample reference to UNESCO’s work in the report of the Independent Expert in the field of cultural rights. UNESCO reiterated that while UNESCO Conventions were not human rights instruments, they constituted International Heritage Law, which had an important role to play in creating the necessary conditions for the realization of the right to take part in cultural life. UNESCO noted that the 2003 Convention for the Safeguarding of the Intangible Cultural Heritage contained explicit references to human rights. The report of the Independent Expert in the field of cultural rights would contribute to the fortieth anniversary of the World Heritage Convention. The principle of free, prior and informed consent, as mentioned in the recommendations in the Independent Expert’s report, would be an issue of major importance in the planned UNESCO policy on engaging with indigenous peoples.

KATRIEN BEECKMAN, of the International Federation of Red Cross and Red Crescent Societies, said that education was not only about developing cognitive knowledge in school or non-formal setting, but education must instil skills such as empathy, listening, non-violent communication, critical thinking and others. Education must be about developing and nurturing humanitarian values and social and life skills that enabled children to act and interact harmoniously and constructively in the world. In November 2011, the International Conference of Red Cross and Red Crescent Societies would bring together the movement with States parties to the Geneva Conventions and the promotion of a culture of non-violence and peace would be on its official agenda. In the run up to this conference, the International Federation of Red Cross and Red Crescent Societies called upon all Governments to reflect on institutionalising humanitarian values and skills-based education in formal and non-formal education through school curricula, and to support likewise informal education so that education could be an effective catalyst for social change.

ARCANJO MARIA DO NASCIMENTO (Angola) said that Angola was shocked by the allegations concerning violations committed in this country against citizens of the Democratic Republic of the Congo. In collaboration with the Democratic Republic of the Congo, Angola had launched an investigation into the events at the border, including in the Kabinda regions. This investigation had demonstrated that the allegations were unfounded, with the exception of one case of rape against a Congolese woman by an Angolan solider. Angola would continue to collaborate with the United Nations in order to shed light to those allegations.

MOHAMED ESSABBAR, of National Human Rights Council of the Kingdom of Morocco, said that in partnership with civil society and the Government, the National Human Rights Council of Morocco contributed to the elaboration of a national plan on democracy and human rights, which aimed to guarantee the fundamental rights of migrants inside and outside Morocco. As a part of the Arab-Euro Dialogue of national human rights institutions, the National Human Rights Council of Morocco had elaborated a questionnaire on migration, which showed that migrant workers faced difficulties in accessing legal services, integrating into receiving countries and expressing their problems due to language. The National Human Rights Council of Morocco had made efforts to protect and promote the rights of migrants and prevent violations of rights as well as pursue other activities based on this questionnaire. Also as part of this dialogue, they presented a report which focused on the challenges and difficulties facing migrants.

CLAIRE DE LAVERNETTE, of International Organization for the Right to Education and Freedom of Education (OIDEL), in a joint statement with several NGOs1, said the International Organization for the Right to Education was very pleased by the choice of themes by the Special Rapporteur on the right to education and the recommendations in his report. There had to be a legal guarantee for the right to education on national levels. The International Organization agreed with the Special Rapporteur that a human rights-based approach to education clarified the obligations and responsibilities in the enjoyment of this right. The full realisation to the right of education could not forego the need for changes in institutional set up and the capacity of teachers to meet the needs of all learners. Education communities that met the needs of all students and learners must be established.

AISHA RAHANETALI, of Defence for Children International, in a joint statement with several NGOs2, said it appreciated that the report of the Special Rapporteur on the right to education defined the quality of education as a challenge, not only in developing but also in developed countries. The elimination of violence from schools needed to be recognised as a prerequisite for getting all children into schools and keeping them there. Defence for Children International encouraged the Special Rapporteur to consistently address violence in schools with national authorities, encouraged States to develop laws that protected children from violence and had clear laws prohibiting corporal punishment, and encouraged the Special Rapporteur to prepare a thematic report on violence and access to education.

CRISTINA CAMPOS, of European Disability Forum, recalled Arts. 3, 24 of the Convention on the Rights of Persons with Disabilities and the significant barriers preventing access to people with disabilities identified in the report of Special Rapporteur on the right to education. The European Disability Forum asked the Special Rapporteur to continue to focus his attention on people with disabilities and called upon States to strengthen human rights by promoting the right to education and making education accessible to persons with disabilities by including Braille, sign language, and audio amplification devises as part of educational programmes.

MAURICE KATALA, of Action internationale pour la paix et le développement dans la région des Grands Lacs (AIPD), noted with concern instances of treatment of migrants and their families that incurred in serious violations of their human rights and security. Action international lamented the treatment of people displaced by the conflict in Libya and Côte d’Ivoire and migrant workers affected by military operations in Libya. In this regard they called for the respect of the human rights of migrants in Africa regardless of their judicial status; requested that ships in the Mediterranean area pay special attention to ships leaving Libya and those in distress; and noted that the Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families had not been ratified by a number of States who were part of the Durban Declaration and Programme of Action.

ENKELEDA PAPA, of Franciscans International, said ensuring access to education would help reduce poverty and address other human rights violations and would directly speed up the achievement of other Millennium Development Goals, such as gender equality and poverty eradication. There were many challenges to the realization of universal education. A great obstacle was represented by poverty because of school fees and other indirect costs. In many regions there was a perception that investing financial means in educating girls was not worthwhile. This was further compounded by gender discriminatory behaviour. Young girls living in poverty were 3.5 times more likely to drop out of school than girls in rich households. Children living in rural and remote areas and indigenous children were more likely to drop out of school and face discrimination and exclusion at school.

NGAWANG CHOEPHEL, of Asian Indigenous and Tribal Peoples Network, noted the joint urgent appeal issued to the Chinese authorities by the Special Rapporteur on the right to education with three other mandates regarding “allegations relating to restrictions imposed on the use of the Tibetan language in schools in the Tibetan Autonomous Prefecture of China”. It noted that the joint intervention informed the Chinese that this would have a negative impact on those of Tibetan origin and the preservation and promotion of the Tibetan language generally. It welcomed that the Chinese authorities acknowledged that Tibetan students demonstrated but noted the Chinese response that it was “determined that the main reason for the demonstrations was that the students had misunderstood the plan”. While learning Chinese was essential for students in Tibet today, the main language of teaching for students should remain Tibetan.

MARIANA DUARTE, of Centro Regional de Derechos Humanos y Justicia de Género (Corporacion Humanas), said it wanted to ask the Special Rapporteur on the human rights of migrants to take consideration of south-south migration and the impact of commercial integration and trade agreements on the human rights of migrants. Cooperation Humanas asked that the Special Rapporteur include a gender angle in his work. A more global approach should be used for looking at global standards for migration in treaty systems globally and regionally. Cooperation Humanas called for further work on a human rights approach to economic and social aspects of migration. Cooperation Humanas appreciated the attention paid to political participation in countries migrants traveled to and asked that the role of countries of origin should be considered in these terms as well. Cooperation Humanas welcomed the work of Independent Expert in the field of cultural rights, particularly the attention paid to women’s rights. Cooperation Humanas inquired whether the links between cultural, economic rights and social rights would be considered and whether the conflict between the prohibition of discrimination against women and cultural rights would be considered in the Independent Expert’s work.

CURTIS DOEBBLER, of North-South XXI, expressed its belief that the costs of education were obstacles to students’ access to education at all levels. North-South XXI appreciated the concern of the Special Rapporteur about the cost of education constituting a form of discrimination. North-South XXI inquired whether increases in tuition fees were consistent with the right to education and the duty of States to make it progressively free. Did the Special Rapporteur intend to look more into significant increases in tuition that European countries had implemented recently and whether this had an impact on minority and foreign students? North-South XXI wanted to know more about the duties of cooperation and solidarity of States to achieve the human right to education, and whether any State did not consider the right to education in its domestic or international undertakings. North-South XXI looked forward to the Special Rapporteur further conveying the importance of financial obstacles in the enjoyment of the right to education.

Concluding Remarks on Right to Education and Human Rights of Migrants

KISHORE SINGH, Special Rapporteur on the right to education, reiterated his desire to promote close collaboration with members of the Council. Mr. Singh noted and expressed his intention to address the national initiatives mentioned during the debate by States in his future work. Cooperation with the United Nations Educational, Scientific and Cultural Organization and the United Nations Children's Fund was important to further cooperation in the field of capacity building and, in particular, in order to meet the demands of high quality education financing. It was very important to broaden this cooperation and follow up recommendations of this Council and human rights treaties. Mr. Singh recalled that the United Nations Educational, Scientific and Cultural Organization’s office in Senegal was implementing basic education programmes and he recognised the positive response of Senegal to his report and reiterated the intention to work closely in the future, concerning the implementation of recommendations. Mr. Singh noted the importance of standards in ensuring the right to education and recalled the United Nations Educational, Scientific and Cultural Organization’s convention against discrimination in education. Mr. Singh said it was important that these norms were further developed at a national level; in particular, in this case, it would be very important to take into account the status of teachers. With regards to financing education, Mr. Singh recalled the Paris Declaration on Aid Effectiveness and argued that there was a relationship between the mobilization of donors and the delivery of international assistance.

Concerning international cooperation, Mr. Singh stressed the importance of States obligations, above that of voluntary assistance and international cooperation and recalled that recommendations emanating from the Council and the Universal Periodical Review had addressed the issue of cooperation further. Poverty reduction was an important part of the fulfilment of the Millennium Development Goals concerning education and equality of opportunity. Mr. Singh referred to the Multidimensional Poverty Index and reaffirmed the view that poverty reduction was also another dimension of human rights obligations as highlighted in his report. Mr. Singh recalled the core obligation of States in the achievement of the Millennium Development Goals and stressed the importance of national educational legislation concerning equality, teachers, financing in these goals.

FARIDA SHAHEED, Independent Expert in the field of cultural rights, said that in terms of the intervention by Palestine she would be interested to know more about the initiatives and documents that Palestine referred to. She said that she hoped to have a chance to discuss issues on human rights standards with the United States. With regards to the questions raised by the European Union and Poland, she pointed them to the freedom of association report and the part of the report concerning cultural heritage and human rights. She drew their attention that recommendations in this regard went beyond the general access to participation. The Independent Expert noted that the challenge was that the interpretation of States and representative cultural groups of cultural heritage might not be the interpretation that the individual members of the groups held. She noted that the issue of diversity policies as related to the cultural issue of minorities was an important issue. Such policies had also been used to assimilate minorities. It was important to obtain minorities consent before making policies regarding their culture.

In relation to observations made by Iran about culture, the Independent Expert referred that country to paragraph 16 in the report. The Independent Expert noted that this referred to calls for repatriation of cultural objects considered essential to practice of cultural or religious rites. On France’s question the Special Rapporteur referred it to paragraph 69 of the report. The Independent Expert noted in relation to this, the need for consultation and meaningful participation of concerned communities. With regard to the observation of Switzerland and Cuba in terms of the rules of the state in civil society organizations and cultural rights and socio-economic rights, the Independent Expert noted that she would address a meeting of non-governmental organizations from 1 p.m. to 3 p.m. where this subject would be discussed. The Independent Expert noted that it would be about how to translate the recommendations of the report into concrete measures. She invited the two countries to attend.

Documentation
The Report of the Independent Expert on the effects of foreign debt and other related international financial obligation of States on the full enjoyment of human rights, particularly, economic, social and cultural rights, Cephus Lumina, (A/HRC/17/37), is an update on consultations held between June 2010 and February 2011 in Latin America and the Caribbean, Africa, and Asia and the Pacific on the draft general guidelines on foreign debt and human rights (“the guidelines”) to assist the Independent Expert in further elaborating the guidelines.  The main goal of the consultations was to generate ideas, based on regional experiences and perspectives, on the form and content of the draft guidelines in order to improve them.
Mission to Australia and the Solomon Islands 7 to 11 February 2011 (Australia) and 14 to 18 February 2011 (Solomon Islands), (A/HRC/17/37/Add.1), presents the main findings from his visits to Australia and the Solomon Islands.   In Australia, the Independent Expert’s primary focus was on the country’s development assistance programme and its impact on the realization of economic, social and cultural rights and the right to development, as well as the attainment of the Millennium Development Goals in Pacific Island countries receiving Australian development assistance.  In Solomon Islands, he assessed the effectiveness of bilateral and multilateral aid in supporting the realization of human rights and achievement of the Goals.  The visits were linked in order to consider the issues from the perspective of provider and recipient of development assistance.
 Preliminary note on the mission to Viet Nam 21 to 29 March 2011, (A/HRC/17/37/Add.2), outlines the preliminary findings of the Independent Expert’s official mission to Viet Nam, conducted from 21 to 29 March 2011. The main purpose of the visit was to assess the impact of the country’s foreign debt on the realization of human rights and the achievement of the United Nations Millennium Development Goals.  The Independent Expert also explored the impact of the global economic downturn on the country’s debt burden, human rights and Millennium Development Goals.  A full report on the mission will be presented to the Human Rights Council at its twentieth session.
The Report of the Independent Expert on the question of human rights and extreme poverty, Magdalena Sepulveda Carmona, (A/HRC/17/34), sets out the parameters of a human rights-based approach to recovery from the global economic and financial crises, with a particular focus on the most vulnerable and marginalized groups.  The Independent Expert identifies the human rights framework that States must comply with when designing recovery measures, analyses a number of recovery measures from a human rights perspective, highlighting their potential to threaten the enjoyment of economic, social and cultural rights and recommends measures that States should consider taking to facilitate a human rights-based recovery from the crises.
Mission to Viet Nam 23 to 31 August 2010, (A/HRC/17/34/Add.1), looks at the enjoyment of human rights, in particular economic, social and cultural rights, of those who are particularly vulnerable to poverty such as women, children, older persons, internal migrant workers, persons with disabilities and, especially, ethnic minorities, and provides concrete recommendations on how to implement a human rights-based approach to social protection and poverty reduction in the country.  The report also highlights the importance of ensuring that financial costs are not imposed on persons living in extreme poverty when accessing basic health care and education.
Mission to Ireland 10 to 15 January 2011, (A/HRC/17/34/Add.2), focuses on the impact of the economic and financial crises in Ireland, and the effect of recovery measures on the level of enjoyment of human rights.  The independent expert looks at the enjoyment of human rights, in particular economic, social and cultural rights, by the most vulnerable individuals and groups, and provides concrete recommendations on how to implement a human rights-based recovery in Ireland.

Presentation of Reports on Foreign Debt and Extreme Poverty

CEPHAS LUMINA, Independent Expert on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of all human rights, particularly economic, social and cultural rights, said he intended to update the Council on the regional multi-stakeholder consultations on the draft general guidelines on foreign debt and human rights, as well as reports on missions to Australia, the Solomon Islands and Viet Nam. The multi-stakeholder consultations on the guidelines were intended to generate ideas on the form and content of the draft guidelines. The guidelines were designed to ensure that the obligations assumed by States in loan and other international financial arrangements did not impair capacity to fulfill human rights obligations. In accordance with the Council’s request, three regional consultations, in Latin America and the Caribbean, Africa, and the Asia/Pacific region, were convened. The main issues discussed included key human rights and international legal principles, the impact of economic reform policy prescriptions, sovereign loan agreements, a new, enhanced debt sustainability framework, assessment before and after loan contraction, safeguard measures, mechanisms for public audits, the impact of trade liberalization, transparency and accountability, and the role of parliaments and civil society.

A number of recurring themes arose in the consultations. General support for the mandate was expressed. Participants agreed on the need for the guidelines to be anchored in a rights-based framework. Participants noted that human rights situation impact assessments were an essential part of due diligence. Concern was expressed regarding the voluntary character and enforceability of the guidelines. The oversight role of parliaments and civil society was underscored, as were measures for preventing the sale of sovereign debts to third parties. There was agreement that there was incoherence in debt and trade policies, and that guidance would be provided to all actors involved in developing national and international policies. The Independent Expert underscored the broad acceptance of all participants that there was a need to ensure the commitments derived from foreign debt and related international financial obligations did not undermine the capacity of States to fulfill human rights obligations. Challenges included ensuring the full participation of all stakeholders and the need for further discussion and elaboration on the more complex conceptual and operational issues.

Missions to Australia and the Solomon Islands were undertaken to examine the impact of development assistance on the realization of human rights and the Millennium Development Goals from the perspective of providers and recipients of development assistance. The Independent Expert commended Australia’s commitment to scale up overseas development assistance, but noted that this still fell short of the internationally agreed target. The Independent Expert noted with concern the reliance on technical assistance and private contractors, rather than partner governments, which could inhibit capacity development. In the Solomon Islands, foreign aid contributed to institutional reconstruction and fiscal and economic stability, although numerous challenges to the country’s development remained. The International Expert expressed concern about the lack of a human rights framework underpinning the existing development strategies.

MAGDALENA SEPULVEDA CARMONA, Independent Expert on the question of human rights and extreme poverty, presenting her fourth report to the Council and the reports of her official missions to Viet Nam and Ireland, said that the recent economic and financial crises had had devastating consequences for those living in poverty, exacerbating deprivations, and increasing inequality and poverty. Ms. Sepulveda noted with concern that governments, reacting to the crises, had been forced to adopt a series of recovery policies that had involved severe austerity measures. The report today focused on the impact of recovery measures on the enjoyment of human rights by people living in poverty and set out parameters that should guide such measures to ensure compliance with human rights obligations and the protection of the most vulnerable sectors of society.

Ms. Sepulveda recalled the International Covenant on Economic, Social and Cultural Rights and said States had to dedicate the maximum of resources available to progressively achieve full realization of all economic, social and cultural rights, even during difficult economic times. Of particular concern were measures to curtail already limited social protection schemes, reducing the level of benefits or extent of coverage which compromised the ability of States to ensure minimum essential levels of human rights for all, particularly the poorest and may violate the prohibition on retrogressive measures. Similarly, the implementation of regressive taxation measures, tended to disproportionally impact those already experiencing financial difficulties. From a human rights perspective, recovery must start with the most disadvantaged and marginalized segments of society. A comprehensive rights-based social protection floor must be the foundation of any transformative recovery from crises. Ms. Sepulveda urged States to endeavor to generate equitable opportunities for sustainable employment opportunities in which individuals could realize their human rights.

Viet Nam had achieved great progress in reducing poverty and the enjoyment of economic, social and cultural rights by its population in the last two decades. However, many of the commendable advances were failing to reach the poorest and most vulnerable populations. Great regional disparities, a large urban-rural divide, and glaring inequalities across ethnic lines persisted in Viet Nam. Women, children, people living with disabilities, ethnic minorities and internal migrants all experienced considerable obstacles in accessing employment, health care, education and other government services. Ms. Sepulveda called upon Viet Nam to adopt a human rights approach to reduce inequality, alleviate poverty and achieve sustainable economic growth and commended the recognition of people’s right to social security by the government.

Concerning her mission to Ireland, Ms. Sepulveda said Ireland had made impressive progress in addressing poverty and social exclusion. The social protection system had been expanded. Recent austerity measures had jeopardized the State’s ability to meet their human rights obligations, and had the potential to reverse the progress made in alleviating poverty and social exclusion. Ms. Sepulveda expressed concern about Ireland’s decision to achieve the bulk of its budgetary adjustments through cuts in public expenditure rather than equitable progressive increases in taxation. Ms. Sepulveda noted that the formulation of national recovery plans were formulated without meaningful public participation and called upon Ireland to undertake a human rights review of budgetary and recovery policies.

Statements by Concerned Countries

PAUL WYPER (Australia), speaking as a concerned country, said that Australia supported the mandate of the Independent Expert on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of human rights, particularly economic, social and cultural rights. In her report some of the issues were addressed in an ad hoc manner. Australia’s aid programme was implemented with the assistance of a wide range of partners and the development programme supported a number of human rights organizations. AusAid had implemented a number of important reforms to ensure the effectiveness and had a clear strategy for the use of advisers in its programmes. Australia was implementing those in practice, for example through sectoral support to health, education, or transport sector in a number of countries. Australia noted that, concerning purchasing, it was the Pacific countries that normally did the selection. Countries had not expressed concerns related to training and in fact demanded more of it. Australia’s overriding objective was to boost the long-term economic outlook of the Pacific countries.

MICHEAL TIERNEY (Ireland), speaking as a concerned country, reiterated the importance of the work of the Independent Expert on the eradication of poverty. Ireland said that the eradication of poverty was one of the greatest challenges that faced the world today. The elimination of poverty was one of the key goals of the Irish Government. Ireland hoped that the Independent Expert on the eradication of poverty would be able to conduct a return visit to Ireland in due course.

VU ANH QUANG (Viet Nam), speaking as a concerned country, thanked the Independent Expert on the question of human rights and extreme poverty for making the mission to Viet Nam. Viet Nam found the mission to be a good opportunity to discuss human rights and fundamental freedoms related to poverty reduction. Viet Nam had produced a national strategy on poverty reduction in order to mobilize resources for poverty reduction. Viet Nam was recognized as meeting its Millennium Development Goals ten years before the target of 2015. Even so, Viet Nam foresaw the continued existence of a number of challenges due to lack of resources, natural disasters and the global financial crisis. Poverty reduction continued to be a priority for Viet Nam, as many poor people lived in remote areas and thus had difficulty in meeting basic needs. Viet Nam attached great importance to cooperation with human rights mechanisms and hoped for continued cooperation in the future. Viet Nam expressed its gratitude to the International Expert on foreign debt for the prepared report.

Clustered Interactive Dialogue

ETIKA JUNIATI YUSTISIANINGRUM (Indonesia) said that Indonesia concurred with the Independent Expert on the question of human rights and extreme poverty that recovery should be approached positively as an opportunity to innovate and lay the foundations for more equitable and sustainable societies. In this regard, the social development in Indonesia had been informed by the experience of the 1997 economic crisis, whole lessons had proved invaluable to the Government and the people in the 2008 crisis. Social assistance programmes in Indonesia were divided into several categories, including the support for poor or near poor families and for students. Social insurance implementation was managed by several State enterprises in Indonesia while the total expenditure was $ 5.6 billion. The access of the most vulnerable groups to social goods and services was relatively adequate, and the Government was giving the necessary priority to those groups in social protection projects and programmes.

PEDRO OYARCE (Chile) noted that Chile would like to point to the concern of addressing human rights in relation to the eradication of poverty. Chile supported a conceptual and methodological plan of the Independent Expert to analyze the theme of human rights in the context of the financial crisis. Chile noted that the crisis gave States and private actors an opportunity for change; an occasion to eradicate extreme poverty and social exclusion, on the basis of more inclusive societies, more democracy and an increased level of equality. In order for this to evolve, Chile had four proposals: a minimal level of social protection for all as would be proposed by the ILO, promotion of employment and decent work, assurance that policies took into consideration equality in general, and improvement of international assistance and cooperation. Chile noted that the third comment related to measures that it had taken in public policy to reduce inequalities before the end of the decade. It noted the implementation of the family ethical income measure on public and fiscal waste.

Right of Reply

SEJDI QERIMAJ (Albania), speaking in a right of reply, thanked Serbia for mentioning the supposed trafficking of organs in Albania. The accusations referred to were absurd and without any basis. The politicization of this issue was not of use to any country. Albania had cooperated with the European Union in its investigation of these allegations and engaged with the International Court of Justice in The Hague and all those interested in responding to the unfounded accusations. Since December 2010, cooperation had started and European investigators had travelled to Albania and enjoyed the full cooperation of Albanian judicial authorities.

TIAN NI (China), speaking in a right of reply, said China categorically rejected vicious attacks by some non-governmental organizations today. China was a country of the rule of law and citizens’ rights must be exercised within the framework of the rule of law. In Tibet, children eligible for education all went to school, where teaching of the Tibetan language was the main subject, as decided by the Parliament in 1990s. With the support of the central Government, the Tibetan language had become the first language of the minority ethnic group on an international scale. The economic, social and cultural rights of the people had been improved and the people now enjoy unprecedented enjoyment of those rights.

CORRIGENDUM

In press release HRC/11/64 of 30 May, the statement by Belarus should read as follows:

NATALLIA ZHYLEVICH (Belarus) said the attention of the High Commissioner to human rights issues in the field was understandable; however as before there was no balance in the assessment of country situations and this could not but give rise to legitimate concern. Belarus called upon the High Commissioner’s office to act in keeping with mandate and to monitor the human rights situation in countries in the world on an equal basis. The permanent reference to problems in certain countries and stubborn silence on the part of the High Commissioner’s office to even greater problems of a similar nature in other countries was simply inadmissible. Belarus was open to the outside world; its visa regime was one of the most liberal one could find and they were surprised at the part of the statement made by the High Commissioner in respect of appeals for greater openness. Belarus was also concerned at the lack of reaction on the part of the High Commissioner’s Office and of the Special Procedures of the Council in respect to the unilateral measures introduced by the European Union and the United States against Belorussian citizens, including journalists.
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1Joint statement on behalf of: International Organization for the Right to Education and Freedom of Education (OIDEL), New Humanity, Association Points-Coeur, Congregation of our Lady of Charity of the Good Shepherd, International Volunteerism Organization for Women, Education and Development (VIDES), Istituto Internazionale Maria Ausiliatrice delle Salesiane di Don Bosco, Company of the Daughters of Charity of St. Vincent de Paul, Dominicans for Justice and Peace - Order of Preachers, and International Catholic Child Bureau.

2Joint statement on behalf of: Defence for Children International, Plan International, International Save the Children Alliance, International Federation Terre Des Hommes, and International Catholic Child Bureau.

For use of information media; not an official record