MIDDAY/AFTERNOON

6 March 2012

Hears Presentation of Report by Working Group on Arbitrary Detention

The Human Rights Council today held an interactive dialogue with the Special Rapporteur on the right to food, Olivier De Schutter, and the Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context, Raquel Rolnik. It also heard the presentation of the report of the Working Group on arbitrary detention by Mads Andenas, member of the Working Group.

Mr. De Schutter said he had conducted missions in Madagascar, South Africa, Mexico and China in the last year. Those four countries were all affected by more and more extreme greenhouse gas and other harsh natural conditions, which had direct consequences on the enjoyment of the right to food. There was an urgent need to invest massively in types of agriculture that could resist those shocks. Mr. De Schutter encouraged all States to re-examine their subventions to agriculture in order to take their impact on health into account, to tax food with a high level of sugar or fat, and to prohibit advertising practices that favoured the consumption of fat and sweet aliments. The world had the responsibility to act now, and mechanisms of control had to force the Governments to report back on the implementation of their obligations.

Ms. Rolnik said patriarchy, gender discrimination, poverty, natural disasters, war, occupation, forced evictions, lack of affordable housing, the impact of the global financial crisis, neo-liberal economic policies, and privatization all surfaced as overarching issues of concern that set the stage for violations of women’s right to adequate housing. The Special Rapporteur commended Argentina for reactivating and refinancing housing policies in the aftermath of the global economic crisis and for funding the construction of 600,000 new housing units. Housing needs were broad and diverse in Argentina. Algeria had made progress in implementing the right to adequate housing, and in constructing low-rent and highly subsidized housing for low-income households.

China, Mexico, South Africa, Madagascar, Argentina, and Algeria spoke as concerned countries. The South African Human Rights Commission also spoke in a video message.

China said that the report on the right to food was in general balanced but there were some unfounded evaluations on regions that the Special Rapporteur had not visited and incorrect judgements had been made on Chinese rural policies. Mexico said the visit of the Special Rapporteur on the right to food coincided with human rights reforms in the country strengthening the obligations of the State regarding the right to food. South Africa said the Special Rapporteur on the right to food had visited South Africa for the first time and naturally, it was inevitable that some inconsistencies and statistical inaccuracies in the report would be discernable. The Government produced an Addendum which represented its official response. Madagascar said the first visit of the Special Rapporteur on the right to food to Madagascar had allowed for an initial assessment of the state of food in the country. Argentina said that in order to strengthen the housing system, Argentina used a holistic housing programme to massively cover the housing needs of the country and to ensure that all families had a home. Algeria said the State budget had funded the creation of lodging for low-income citizens. The Government contested some of the references in the report related to the realization of the right to housing.

In the interactive debate, concerning the right to food, speakers said that soaring food prices aggravated by the financial crisis affected the food situation of millions of people in the world. The global food crisis had given rise to poverty and marginalization among millions and the main cause was the unfair distribution of wealth and an unfair international order. States should provide technical or financial assistance to support countries that lacked adequate housing. The right to good food and the right to the nutrients necessary for proper development were basic rights. More than a billion people suffered from hunger and malnutrition in the world. Current nutritional systems were not able to deal with hunger and there was a need to deal with structural causes of malnutrition.

With regard to the right to adequate housing, speakers said the Special Rapporteur on adequate housing needed to have a greater understanding of Shaira law before commenting that it discriminated against women in inheritance. States had an obligation to implement and guarantee equal access to land and equal inheritance policies for men and women. Drafting and putting in place gender-sensitive and human rights-based law on national and regional levels was the first step to an un-discriminatory and effective system for the right to adequate housing for women.

Speaking in the interactive debate were Cuba, Brazil, Pakistan on behalf of the Organization of Islamic Cooperation, European Union, Mauritania on behalf of the Arab Group, Argentina on behalf of the Common Southern Market MERCOSUR, Senegal on behalf of the African Group, Egypt, Burkina Faso, Kuwait, Benin, United States, South Africa, Uruguay, Indonesia, Switzerland, Angola, Ecuador, Norway, Algeria, Morocco, Finland, Chile, Australia, Venezuela, Luxembourg, Iran, China, the Holy See, New Zealand, Ethiopia, Malaysia, Saudi Arabia, Palestine, Bangladesh, Democratic Republic of the Congo, Sovereign Military Order of Malta, Sri Lanka, and India.

The World Health Organization took the floor, as did the following non-governmental organizations: International Institute of Non-Aligned Studies, Save the Children and World Vision, Hope International, Connectas Direitos Humanos, Human Rights Watch, Helsinki Foundation for Human Rights, International Confederation of Catholic Charities, and Canners International Permanent Committee.

At the end of the meeting, Mads Andenas, member of the Working Group on arbitrary detention, presenting the Working Group’s report, said the Working Group welcomed the release of 11 persons who had been the subjects of its Opinions and who were detained in six different States. The Working Group in its report gave particular attention to the issues of pre-trial detention; habeas corpus; and the importance of harmonizing the Working Group’s functions with other human rights mechanisms. The Working Group desired to expand its mandate to include the examination of conditions of detention and the monitoring of State compliance with obligations concerning all human rights of detained and imprisoned persons. The Working Group had serious concerns about the continued detention of Maria Lourdes Afiuni Mora of Venezuela. This was an act of reprisal for her decision as a judge to release an individual based on the Working Group’s recommendation.

Speaking in right of reply were Serbia, Nigeria, China, Romania, Japan, and Democratic People’s Republic of Korea.

When the Council resumes its work at 9 a.m. on Wednesday, 7 March, it will hear the presentation of the Special Rapporteur on the human rights of internally displaced persons, and will then hold an interactive dialogue with her and on the report of the Working Group on arbitrary detention.

Documentation
The Council has before it the report of the Special Rapporteur on the right to food (A/HRC/19/59); the first corrigendum to the report of the Special Rapporteur on the right to food (A/HRC/19/59/Corr.1); the second corrigendum to the report of the Special Rapporteur on the right to food (only available in French: A/HRC/19/59/Corr.2); an addendum to the report of the Special Rapporteur on the right to food concerning his mission to China (A/HRC/19/59/Add.1); an addendum to the report of the Special Rapporteur on the right to food concerning his mission to Mexico (A/HRC/19/59/Add.2); an addendum to the report of the Special Rapporteur on the right to food concerning his mission to South Africa (A/HRC/19/59/Add.3); an addendum to the report of the Special Rapporteur on the right to food concerning his mission to Madagascar (A/HRC/19/59/Add.4); and an addendum to the report of the Special Rapporteur on the right to food concerning guiding principles on human rights impact assessments of trade and investment agreements (A/HRC/19/59/Add.5).
The Council has before it the report of the Special Rapporteur on adequate housing as a component of the right to an adequate standard of living and on the right to non-discrimination in this context (A/HRC/19/53); an addendum to the report of the Special Rapporteur on adequate housing concerning her mission to Argentina (A/HRC/19/53/Add.1); an addendum to the report of the Special Rapporteur on adequate housing concerning her mission to Algeria (A/HRC/19/53/Add.2); and an addendum to the report of the Special Rapporteur on the right to food concerning comments by the State on the report of the Special Rapporteur on her mission to Algeria (only available in French A/HRC/19/53/Add.3).

Presentation of the Reports on Right to Food and on Adequate Housing

OLIVIER DE SCHUTTER, Special Rapporteur on the right to food, said he had conducted missions in Madagascar, South Africa, Mexico and China in the last year. Those four countries were all affected by more and more extreme greenhouse gas and other harsh natural conditions, which had direct consequences on the enjoyment of the right to food. In the future, these repeating shocks would increase the volatility of prices, and would constitute a major obstacle to the right to food.
Mr. De Schutter reiterated his call for the urgent need to invest massively in types of agriculture that could resist those shocks. Means of production in favour of diversity in fields and control of the water consummation were fundamental to face today’s challenges. Appropriate governance mechanisms were therefore needed.

Mr. De Schutter said emerging countries were facing a fast nutritional transition. Urbanisation grew quickly, and the population consumed more and more transformed products and cooked less and less fresh products. Alimentation was therefore richer in fat and sugar. Consequences on the right to food were severe. The right to food indeed included the right to adequate and diverse food. Today, emerging countries carried a double burden. On the one hand, the poorest could not feed themselves or suffered severe food deficiencies. On the other hand, alimentation was changing and led to obesity. Other countries were also concerned. In many western countries, at least 50 per cent of the population suffered obesity. It was possible that for the first time, in the United States, the new generation would have a lower life expectancy than their parents, due to inappropriate food.

Mr. De Schutter encouraged States to re-examine their subventions to agriculture in order to take their impact on health into account, to tax food with a high level of sugar or fat, and to prohibit advertising practices that favoured the consumption of fat and sweet aliments. States should invest in local alimentary systems supporting the activities of small local producers and guaranteeing the access to fresh and nutritive products in urban areas. A transition towards durable alimentary systems would only be possible if they were based on human rights based strategies and if the Government made further commitments, including against the activities of enterprises trading unhealthy products. Obesity caused today nearly 3 million deaths every year worldwide. Healthcare systems would have to support increasing costs because of current behaviour, and the poorest would not be able to afford it. The world had the responsibility to act now, and mechanisms of control had to force Governments to report back on the implementation of their obligations.

RAQUEL ROLNIK, Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context, said patriarchy, gender discrimination, poverty, natural disasters, war, occupation, forced evictions, lack of affordable housing, the impact of the global financial crisis, neo-liberal economic policies, and privatization all surfaced as overarching issues of concern that set the stage for violations of women’s right to adequate housing. At the national level, many countries had taken steps to amend their laws to ensure that women and girls were able to inherit housing, land and property on an equal basis with men and boys. What may be affordable for a man may not be affordable for the average women. In order to ensure that housing was accessible to all groups of women, it was similarly important for housing laws, policies and programmes to reflect the needs of women who may be especially disadvantaged or who encountered intersectional discrimination.

The Special Rapporteur commended Argentina for reactivating and refinancing housing policies in the aftermath of the global economic crisis and funding the construction of 600,000 new housing units. Housing needs were broad and diverse in Argentina. A particular cause for concern was informal settlements, where there was a serious problem with evictions. There was not sufficient protection for those evicted. Indigenous people were also subject to forced evictions. The Primavera Community was of particular concern. Algeria had made progress in implementing the right to adequate housing, in constructing low-rent and highly subsidized housing for low-income households. In the past 10 years 2 million units had been created in Algeria. However, diversified housing was still needed. Algeria also needed to address forced evictions. The Special Rapporteur had also considered the issue of housing in post-disaster situations in the past year, and was pleased to hear a resolution in the Council was being prepared on the issue.

Statements by Concerned Countries

China, speaking as a concerned country, said the Special Rapporteur on the right to food had visited China in 2010 and participated in dozens of events which allowed him to gain an in-depth knowledge on food provision, the social security system and the impact of environmental degradation on agricultural production. The report of the Special Rapporteur had confirmed the huge efforts made by China to guarantee food security and to reduce malnutrition. The report was in general balanced but there were some unfounded evaluations in regions the Special Rapporteur had not visited and incorrect judgements made on Chinese rural policies. On the issue of the resettlement of nomadic people in the Western provinces, the Special Rapporteur had not visited those areas where a reversal of farm land back to nomadic land had occurred and which was a highly effective way of promoting the sustainable development of animal husbandry and was appreciated by the local population. Concerning the development of a social security system for migrant workers, the Government provided free social, health and insurance services for migratory workers and had made great achievements in improving their quality of life.

Mexico, speaking as a concerned country, said that the visit of the Special Rapporteur on the right to food coincided with human rights reforms in Mexico that strengthened the obligations of the state regarding the right to food. The access to food for all Mexicans was guaranteed, and the Government provided sufficient support to the poorest part of the population. There was a need to reduce Mexico’s dependency to genetically modified products, and Mexico was committed to work closely with international organizations on conducting programmes for the development of alternative methods. Mexico would lead the G20 on the issue of the alimentary security and would seek to find solutions to the problems affecting the global economy and to improve sustainable agricultural development.

South Africa, speaking as a concerned country, said the Special Rapporteur on the right to food had visited South Africa for the first time and naturally, it was inevitable that some inconsistencies and statistical inaccuracies in the report would be discernable. The Government produced an Addendum which represented an official response by the Government. South Africa was a major source of procurement of adequate food and foodstuffs for the South African Development Community and far afield on the continent. The Government worked with the Rome institutions towards ensuring adequate food for the region, especially during famine and drought.

South African Human Rights Commission, in a video message, said the right to food was not only inextricably linked to human dignity but went to the core of human survival. The Special Rapporteur highlighted the gross inequalities in income in South Africa and the high levels of poverty experienced by the majority of the population. The South African Human Rights Commission was delighted that the Special Rapporteur had recommended that South Africa ratify the International Covenant on Economic, Social and Cultural Rights, which would be an important step in South Africa to ensuring the right to food.

Madagascar, speaking as a concerned country, said the first visit of the Special Rapporteur on the right to food to Madagascar had allowed for an initial assessment of the state of food in the country. The constitution guaranteed the right to appropriate food and nutrition as a human right. To combat malnutrition, a national nutrition strategy was developed on a multi-sectoral basis which had created an institutional framework for nutritional interventions. Madagascar was determined to continue with its constructive cooperation with all human rights mechanisms of the United Nations.

Argentina, speaking as a concerned country, said that Argentina had to face in 2001 a historical social and economic depression in the country. In reaction, the National Government had incorporated the improvement of housing as one of its priorities, and implemented an economic policy simultaneously generating employment, dealing incomes, improving the access to housing and the living conditions in the country. To strengthen the housing system, Argentina used a holistic housing programme to massively cover the housing needs of the country and to ensure that all families had a home.

Algeria, speaking as a concerned country, said that access to decent housing was an important strategy in Algeria because it affected the stability and social well-being of the family, the basic foundation of society in Algeria. The construction sector stimulated the national economy and created many jobs. Rapid growth of the population and growing urban centres had given rise to increased demand for housing. It had also been necessary to respond to unexpected situations due to natural disasters. More than two millions housing units had been created between 1999 and 2011. The State budget had funded the creation of lodging for low-income citizens. A national policy on the distribution of housing had very clear and precise rules to ensure impartiality and objectivity. The Government contested some of the references in the report related to the realization of the right to housing. Certain references were addressed under the mandate of other mechanisms, through which the Government had already responded to questions related to the concerned subjects. The Government would consider with great attention the recommendations issued by the Special Rapporteur.

Interactive Dialogue on Right to Food and on Adequate Housing

Cuba said that the global food crisis had given rise to poverty and marginalization among millions and the main cause was the unfair distribution of wealth and an unfair international order. There should be an increase in trade and development so that marginalized people would have access to food. Could the Special Rapporteur elaborate on the role played by cooperation and international solidarity to help developing countries to guarantee food security?

Brazil welcomed the adoption of a gender perspective on the report of the Special Rapporteur on access to housing and stressed that women should have equality with men in inheritance laws. Brazil had made progress for more inclusion, progressive empowerment and a growing participation of women in the political arena.

Pakistan, speaking on behalf of the Organization of Islamic Cooperation, asked the Special Rapporteur on the right to food to share his views on how to make existing food systems function better and decrease global hunger? Since food insecurity contained global dimensions there was a need for a global strategy including international cooperation and global partnerships on agricultural production and sustainable food security. The Special Rapporteur on adequate housing required a greater understanding of Shaira law before commenting that it discriminated against women in inheritance.

European Union asked the Special Rapporteur on the right to food whether he envisaged any further work on the links between the right to food and the rights to health and education and on private-sector interventions to help improve nutrition. The European Union also took note of Mr. De Schutter’s recommendation that China improve the situation of communities affected by non-voluntary resettlements. The European Union said that States had an obligation to implement and guarantee equal access to land and equal inheritance policies for men and women.

Mauritania, on behalf of the Arab Group, said the report on adequate housing had made a reference to Islamic Sharia on the subject of inheritance, indicating that this was considered as discriminating against women. It was important to understand all dimensions of Islamic Sharia. Islamic Sharia provided safeguards for women’s right to land, inheritance, housing needs and the legal independence. The Arab Group appreciated that the Special Rapporteur had urged the end to forced evictions and demolition of housing that blatantly violated the rights of Palestinian women.

Argentina, speaking on behalf of the Common Southern Market MERCOSUR, said paragraph 34 in resolution 13/4 did not contain any reference to the draft guidelines on the impact of trade and investment agreements on human rights. This was important in considering the right to food given the complexity of the issue. Argentina supported the mandate of the Special Rapporteur and would support the renewal of the Special Rapporteur’s mandate.

Germany strongly believed that drafting and putting in place gender-sensitive and human rights-based law on national and regional levels was the first step to an un-discriminatory and effective system for the right to adequate housing for women. Ensuring that those provisions were implemented in practice was just as important. Germany would appreciate if the Special Rapporteur could provide some additional ideas on how States could assist women in claiming their rights effectively, given the fact that many countries could not ensure no-cost or affordable legal aid.

Senegal, on behalf of the African Group, said that Africa was confronted with hunger due to poverty, climate change, desertification and unjust international trade policies. That was why the African Group believed that the recommendations the Special Rapporteur on the right to food had made to stakeholders deserved careful examination. The African Group called for strengthening the capacities and economic power of women to increase their access to adequate housing.

Egypt said that further elaboration was needed on the ability of States to orient their domestic policies on guaranteeing the right to food and asked the opinion of the Special Rapporteur on how this could be achieved. Egypt paid particular attention to gender equality and independence of women in owning property and that was why Egypt expressed reservations concerning the remarks on the sharia law and its provisions governing inheritance for women in the report of the Special Rapporteur on the right to adequate housing.

Burkina Faso welcomed the attention of the Council on the right to food and said that one person in seven suffered from hunger today, and this ratio was worse in developing countries, where hunger was often due to variation in climate. The Government had launched an appeal to the international community for support in dealing with the influx of Malian refugees in the country. Enjoyment of the right to food required commitments at the national and international levels and Burkina Faso called for strengthening the international community’s realization of the right to adequate and sufficient food for all.

Kuwait said that the Government had created a national institute for housing to ensure that all citizens were provided with adequate housing and that domestic legislation recognized equality for men and women under the law on the right to own housing. Kuwait urged States to provide technical or financial assistance to support countries that lacked adequate housing.

Benin said that the Special Rapporteur on the right to food had established the important link between malnutrition and over feeding and urged States to consider the conclusions and recommendations contained in the report. The Government of Benin would spare no effort to wisely use the conclusions and recommendations to improve nutrition and expand access to food in Benin.

United States said that the report by the Special Rapporteur on the right to food presented an incomplete analysis of the economic and social factors driving food production and consumption choices and should have focused on the importance of school feeding programmes in improving nutrition. The statement of the Special Rapporteur on the right to adequate housing that women in the United States, due to gender discrimination, were 32 per cent more likely than men to receive sub-prime or predatory loans had relied on a misinterpretation of the data and had not accounted for co-borrower status or creditworthiness.

South Africa said the Government believed that the Special Rapporteur on adequate housing had no right to invoke negative inferences about South Africa, especially when she had never visited South Africa. The Special Rapporteur was totally oblivious to the fact that the plight of women, children and persons with disabilities had been prioritized since 1994. It would do the Special Rapporteur very well to visit the country. South Africa had moved from the notion of the right to adequate housing to a more integrated notion of sustainable human settlements.

Uruguay agreed with the Special Rapporteur that the right to good food and the right to the nutrients necessary for proper development were basic rights. Access to food could not be considered according to one dimension, however, as cultural and economic factors affected eating patterns. Uruguay had produced a guide for food consumption and a national action plan. It was possible to guarantee the basic right to food through public policy, particularly by fighting poverty.

Indonesia shared the Special Rapporteur’s attention to addressing food insecurity. The Indonesian Government was committed to ensuring that basic food was available and affordable. Regarding the right to adequate housing and particularly women’s right to adequate housing as emphasized by the Special Rapporteur, the constitution in Indonesia stipulated that every person, without discrimination, had the right to adequate housing. There had been tremendous progress in Indonesia with regard to women’s rights.

Switzerland shared the view that adequate attention must be given to nutrition and that the aim should be improvement of coordination and synergies. Switzerland asked Mr. De Schutter how the coordination between various United Nations bodies in the global governance on nutrition could be improved. On the guiding principles for the impact study on trade investment agreements, Switzerland raised questions of methodology and access to data and asked the Special Rapporteur to share some best practices in this domain. On the right of women to access to land and adequate housing, Switzerland asked what should be the role of international organizations in this regard and what policies could be implemented by States to ensure better education for women.

Angola expressed its concern about nutrition and micronutrient deficiencies which continued to affect many people, particularly children and presented a challenge to all. Soaring food prices, aggravated by the financial crisis, affected the food situation of millions of people in the world. Angola had formulated the national strategy for food and nutritional security and the project to combat hunger and poverty in rural and urban areas.

Ecuador said that access of women to land and adequate housing was still a challenge in many parts of the world, mainly due to neo-liberal economic policies, conflict, gender-based discrimination, and low participation of women in political life. In Ecuador, the Government had developed broad based programmes to improve access of women to housing, and in the past four years had build 250,000 housing units. Large portions of the world population were obese, which had a serious impact on health and social systems in countries. Thanks to its efforts in combating malnutrition, Ecuador had reduced childhood anemia by 20 per cent.

Norway firmly supported the recommendation to adopt statutory regulation on the marketing of food products to children. Could the Special Rapporteur on the right to food provide an update on the global situation in compliance with the International Code of Marketing of Breast-milk Substitutes? Which role could health care facilities and schools play in changing behaviour towards healthy diets and physical exercise? At least two million people were evicted annually and Norway asked the Special Rapporteur on the right to adequate housing if international law had been applied to violations of housing, land and property rights?

Algeria said that the detailed analysis and links between under nutrition, deficiency in micro nutrients and over nutrition made by the Special Rapporteur on the right to food was significant. The rise in the price of basic food stuffs was a global threat to food security. Algeria had put in place polices to control food prices and was committed to offering its children the highest possible nutrients. The Government looked forward to welcoming the Special Rapporteur on the right to food to Algeria.

Morocco said that it shared the conclusion that gender discrimination had prevented women from having access to adequate housing. In Morocco between 2003 and 2011, numerous legal reforms had been carried out in housing to eliminate discrimination against women and the Government had integrated a gender perspective into all its development projects since 2006. Obesity was an important issue because of the wide ranging complications and burdens the disease brought to the constrained resources of developing countries.

Finland welcomed the focus of the report on women and their right to adequate housing. In order to ensure the protection and promotion of women’s rights in this context, concerted efforts were called for. In Finland, women’s equal right to housing was guaranteed by the Constitution. Violence against women was a worldwide human rights challenge. Finland was in the process of passing legislation related to restraining orders against perpetrators. Guidelines were also being drafted to strengthen the relationship between authorities and service providers.

Chile would like to specify that promoting certain actions could limit the capacity of developing countries to use the rules of the worldwide system of regulated trade. Chile hoped the Special Rapporteur’s recommendations would not be supported by protectionist measures. Chile agreed with the Special Rapporteur that adequate housing was a matter of equality and supported the conclusions in the report that States should design, promote and apply laws that mainstreamed the gender perspective on human rights.

Australia was concerned that the proposed human rights assessments and related institutional arrangements in the Guiding Principles on Human Rights Impact Assessments of Trade and Investment Agreements would be onerous to implement, especially for developing nations and could even preclude some countries from entering into trade agreements. The prescriptive approach of the principles could inhibit the vital role trade played in improving food security.

Venezuela underscored the importance attached to access to adequate housing for women and informed the Council of the measures undertaken to improve the situation in the country. Lack of micronutrients caused many deaths in the world, while obesity was a consequence of importance attached by developed countries to agricultural subsidies and processed food. For Venezuela, the right to food, food security and food sovereignty were fundamental constitutional rights and Venezuela spared no efforts in protecting and ensuring those rights.

Luxembourg said that more than a billion people suffered from hunger and malnutrition in the world. Current nutritional systems were not able to deal with hunger and there was a need to deal with structural causes of malnutrition. Luxemburg asked whether China could inspire development in the rest of the world, as it managed to achieve food self-sufficiency with average farm size of less than a hectare.

Iran said current economic challenges and environmental problems had turned the clock back for women and their right to adequate housing. In Iran, the Government had slashed housing prices and raised the expectations of low income families to become home owners. A new amendment of the civil code allowed women to inherit all forms of their spouses’ property. The Government had taken steps to ensure the accessibility of food for its people through a diverse farming system. The rapid population growth over the last 10 years had brought greater attention to the agricultural sector with self-sufficiency and reliance up to 95 per cent in the field of food products.

China said that housing was a core issue and China had tackled how to increase the housing supply, especially for low income groups. The Government’s target was to build eight million affordable housing units in 2012. China welcomed the call of the Special Rapporteur for United Nations Women and other groups to support women’s initiatives and provide technical assistance to developing countries. The Chinese Government had returned farming land to pastoral use in the western part of China, including in Tibet, to guarantee the right of people in these areas to the right of development.

World Health Organization welcomed the focus of the report on the adequacy dimension of the right to food which was about all the nutritional elements required to live an active and healthy life. A cycle of intergenerational malnutrition was occurring around the world; in developing countries every second pregnant women were anaemic which led to micro nutrient deficiencies in their babies. More than 80 per cent of overweight and obese persons lived in developing countries which led to loss of income in those countries. The World Health Organization would cooperate with the Special Rapporteur on the right to food on his mandate.

Holy See said that the promotion of women’s right to appropriate housing was a way to combat discrimination and domestic violence against women as women and their children were vulnerable. The Holy See recommended that States provide health and education services to women and children, and said that the unity of the family should be protected in forced eviction cases.

New Zealand said that the concept of food security was a complex issue. A comprehensive response was needed, including investing in agricultural productivity and human capacity, investing in infrastructure, maintaining social safety nets, protecting environmental resources and ensuring open and fair markets. States could not ignore their human rights obligations in the conclusion of trade agreements. However, New Zealand was concerned that the assessments proposed by the Special Rapporteur would have a negative effect on rural producers if their implementation was too onerous, and asked whether the Special Rapporteur had any suggestion about such potential problems.

Ethiopia gave special emphasis to the importance of taking food security issues in the forefront to achieve an environmentally sustainable agricultural policy, and it had encouraged further secure food sufficiency. Ethiopia had achieved sustainable growth in the agricultural sector which had contributed to the development of the country. The Government had strengthened its collaboration with States at the local level to address the particular situation in the Horn of Africa.

Malaysia noted that the report of the Special Rapporteur on the right to food stated that the existing food system had failed to address malnutrition and hunger and led to obesity. Malaysia had developed a national strategic plan for non-communicable diseases which promoted active lifestyles for Malaysians. The aim of negotiating any Free Trade Agreement was to generate economic growth and improve the overall well-being of all people. The guidelines on human rights, trade and investment merited further discussion and consideration.

Saudi Arabia said the report on adequate housing addressed the question of inheritance and the implementation of Islamic Sharia in terms of affecting women’s enjoyment of the right to adequate housing. This required in depth and careful study. In some cases, women received a larger share of inheritance than men. The Islamic Sharia itself guaranteed the right of women to adequate housing. A housing fund in Saudi Arabia was created over a decade ago. Saudi women could apply for housing loans, provided they were the head of the household.

Palestine said the report on the right to adequate housing stressed that in the Palestinian Occupied Territories the right to adequate housing was absent. Israeli settlements were in violation of international law and had depleted the water resources and fuel. This had been exacerbated by the construction of the apartheid wall. Israel was in violation of international law and the fourth Geneva Convention.

Bangladesh said that the report by the Special Rapporteur on the right to food hovered around a number of issues having more focus on health. Eradication of hunger and achievement of food security must be a priority for the international community and economic development was one answer for developing countries to achieve a progressive realization of the right to development. Bangladesh drew the attention of the Council to the right of migrants to food. On the report by the Special Rapporteur on the right to adequate housing, Bangladesh appreciated the focus on the right to adequate housing of women in the context of climate change and migration.

Democratic Republic of the Congo welcomed the focus on gender in the report of the Special Rapporteur on the right to adequate housing. The empowerment of women, their access to justice, and legislative reforms would help dismantle obstacles preventing women from access to adequate housing. The role of civil society was crucial in assisting women in knowing their rights.

Sovereign Military Order of Malta said the Sovereign Military Order of Malta agreed with the view of the Special Rapporteur that links between health and malnutrition should be addressed in all countries and that existing food systems should ensure transition towards sustainable diets accessible to all. The Sovereign Military Order of Malta welcomed the 2004 guidelines of the Food and Agricultural Organization calling on States to put in place adequate and functioning mechanisms of early warning to prevent and mitigate impacts of natural and man-made disasters.

Sri Lanka said that property ownership and the right to housing were secured by national legislation irrespective of gender or ethnicity. There was no bar to any person based on ethnicity to own or enjoy land in any part of the country and there was no link between owning land and being the head of a household in Sri Lanka. The Government said that any modification of personal laws should be on the initiative of minority groups so that their social fabric would remain undisturbed and to preserve their unique cultural values.

India said that the Integrated Child Development Services Scheme was a comprehensive programme addressing the health, nutrition and pre-school needs of children under six. The scheme had benefited 97.5 million people, including 79.5 million children and 18 million pregnant and lactating mothers. The National Food Security Bill ensured access to food at affordable prices to 63 per cent of the population by conferring a legal right on women, children and other vulnerable groups to receive meals free or at affordable prices. The amendment of the Hindu Succession Act in 2005 had given daughters equal rights in ancestral property.

International Institute of Non-Aligned Studies, said that the current food system was deeply dysfunctional and that women who were denied meaningful participation in employment were also denied food as well as their children. The removal of hunger was the first step to achieving the goal of removing malnutrition.

Save the Children and World Vision said that malnutrition was invisible in global child mortality statistics, yet it contributed to one third of child deaths each year. The use of proven interventions was critical for saving children’s lives during emergencies. States should adopt national strategies for the realisation of the right to food and they should develop mechanisms for accountability to monitor progress against indicators on specific nutrition targets.

Hope International said that the right to food should be the first right of human beings, and had to be understood as the right to produce the amount of food one needed. Land grabbing was a violation of the right to food. Access to a high level of education was fundamental, for example to form qualified professionals in the field of agricultural techniques.

Connectas Direitos Humanos said that an attempt must be made to prevent forced evictions and to provide legal assistance to people facing it. The Special Rapporteur on the right to adequate housing expressed deep concern at the eviction of indigenous people in Argentina, and those were not the only episodes of this nature.

Human Rights Watch said that in China public health and food safety would remain at risk for as long as the domestic press was not allowed to convey information promptly and as long as the Government withheld key information. The Council should urge China to fulfill its obligation with regard to freedom of expression, the abolition of the discriminatory household registration system and repealing the hukou system

Helsinki Foundation for Human Rights echoed recommendations of the Special Rapporteur on the right to food and called on the Chinese Government to suspend non-voluntary resettlement of nomadic herders from their traditional lands. China should also suspend non-voluntary relocation or re-housing programmes of other rural residents and improve employment, education and health services in the new socialist villages.

International Confederation of Catholic Charities, in a joint statement, said that the right to food could not be reduced to a right not to starve and called attention to the special nutritional needs of adults and children with HIV/AIDS and tuberculosis. Adequate nutrition was necessary to maintain the immune system and could help to slow the advance of HIV positive people.

Canners International Permanent Committee said that the right to food was a basic right and was required in order for individuals to exercise other rights. The women of Afghanistan were facing a denial of the right to food. The international community should ensure that the future political structure of Afghanistan does not include the Taliban because they would restrict women’s access to the right to food.

Concluding Remarks

OLIVIER DE SCHUTTER, Special Rapporteur on the right to food, in concluding remarks, said that the policy of forcible resettlement of nomads in China had serious problems and noted that the situation of herders in Tibet raised legitimate and important concerns. Since March 2011, there had been 25 self immolations in Tibet against the land resettlement policies of which 18 had been herders forcibly resettled in collective villages. The Special Rapporteur commended Mexico’s cash transfers, noting that 9.6 per cent of the population was covered with cash transfers with 6 million households benefiting from the programme. Mexico said it would reduce the gap between the small scale and large scale farms. South Africa had shown its commitment to deepening the dialogue with Special Procedures. Madagascar had made constructive comments and the Special Rapporteur noted the impact that sanctions had on the right to food. Cuba had insisted on the need for international collaboration and dialogue on the right to food and the Special Rapporteur saw a shift in the model from feeding countries by dumping food aid which had led to negative impacts on health and rural incomes toward getting countries to feed themselves.

The guiding principles on a human rights impact assessment on trade and investment policies were meant to advise States to avoid human rights violations in these policies and the Special Rapporteur said that it was critical to address the human rights impact in the Council and not leave it to the World Trade Organization. Today the demand for human rights impact assessments was on the rise in the European Union and among other bodies. Gender empowerment was a critical issue because when women had the right to make decisions their children had lower child malnutrition. The Sun initiative promoting public and private partnerships was important but the Special Rapporteur emphasized that policies should focus on local solutions rather than on imposing solutions from outside. Concerning the Breast Milk Initiative, 103 countries had legislation to implement the code but there were monitoring mechanisms in place in only 50 per cent of the countries. The Special Rapporteur said that Burkina Faso had been impacted by the food crisis and called on the international community to focus on the lessons to be drawn from the food crisis in the Horn of Africa.

RAQUEL ROLNIK, Special Rapporteur on the right to adequate housing, in concluding remarks, said that she took note of the different delegations’ efforts and best practices to improve the situation of women with regards to their right to adequate housing. It was crucial to monitor the advancements on that issue. The report of the Special Rapporteur’s last visit in Israel and the Occupied Palestinian Territories would be published shortly. In South Africa, some limitations on the right for women to adequate housing remained. The paragraph on Sharia law in the report did not provide an analysis or a criticism of Sharia law, but only said that the implementation of Sharia law could sometimes lead to cases of discrimination against women. States had to have an active role on discussing rights and raising awareness. It was different to promote education, cultural awareness, or to provide legal aid than to force cultural practices. International cooperation was absolutely needed in some specific countries or regions. International organizations had a fundamental role to play, for example on post-disaster reconstruction. Finally, Mrs. Rolnik said that she would shortly update one of her previous reports on the effects of the financial crisis on the right to adequate housing.

Documentation

The Council has before it the report of the Working Group on Arbitrary Detention (A/HRC/19/57); an addendum to the report of the Working Group on Arbitrary Detention concerning opinions adopted by the Working Group on Arbitrary Detention (A/HRC/19/57/Add.1); an addendum to the report of the Working Group on Arbitrary Detention concerning its mission to Georgia (A/HRC/19/57/Add.2); an addendum to the report of the Working Group on Arbitrary Detention concerning its mission to Germany (A/HRC/19/57/Add.3); and an addendum to the report of the Working Group on Arbitrary Detention concerning comments by the State on the report of the Working Group on its mission to Georgia (A/HRC/19/57/Add.4)
Presentation of Report by Working Group on Arbitrary Detention

MADS ANDENAS, Member of the Working Group on Arbitrary Detention, said during the period from 18 November 2010 to 17 November 2011, the Working Group had transmitted 108 urgent appeals to 45 Governments concerning 1,629 persons and had received information from Governments and sources on the release of 21 persons. The Working Group welcomed the release of 11 persons who had been the subjects of its Opinions and who were detained in six different States. The Working Group in its report gave particular attention to the issues of pre-trial detention; habeas corpus; and the importance of harmonizing the Working Group’s functions with other human rights mechanisms. The Government of Georgia adopted the zero-tolerance policy in 2004 which contributed to the rise in the number of criminal convictions with custodial sentences. Georgia had, in comparative terms, one of the highest prison populations in the world due to this. Lack of proportionality and excessive and harsh sentencing were matters of concern. The Working Group highlighted the need to consider alternative measures to detention to ensure that detention was only used in cases where it was justifiable to do so.

In Germany, the Working Group considered that post-sentence preventive detention was to be regarded as a penalty and was therefore subject to the ban on retroactivity in a strict sense. The report also noted the disproportionate number of foreigners and Germans of foreign origin in detention. The Working Group desired to expand its mandate to include the examination of conditions of detention and the monitoring of State compliance with obligations concerning all human rights of detained and imprisoned persons. The Working Group had serious concerns about the continued detention of Maria Lourdes Afiuni Mora of Venezuela. She had been in detention for more than 26 months. She had been arrested in 2009 when she had requested the release of someone considered to be arbitrarily detained by the Working Group. Her arrest had recently been extended. This was an act of reprisal for her decision as a judge to release an individual based on the Working Group’s recommendation.

Right of Reply

Serbia, speaking in a right of reply in response to the statement made by Romania during the interactive dialogue on freedom of religion or belief, underlined that the right to freedom of religion or belief was fully enjoyed in Serbia. The language in which Orthodox services were conducted in Vojvodina was in the purview of the Orthodox Church.

Nigeria, speaking in a right of reply in response to a statement by a non-governmental organization on discrimination against the Christian minority, said these allegations were blatantly false and misleading. At no point in time had the Government of Nigeria discriminated against Christians or any other religious group in the country. The problem in Nigeria was the activity of terrorist groups hiding under the guise of religion. The conflict in Nigeria was not a religious one, but a political one and the Government was taking action to deal with terrorist elements.

China, speaking in a right of reply, said that China categorically rejected allegations against China as contained in statements of non-governmental organizations which were totally groundless. Nomadic herders had been resettled to improve socio-economic development of the region and had been done with the agreement of the farmers themselves. China noted with regret that this meeting provided full opportunity for non-governmental organizations to participate, but only one non-governmental organization kept taking the floor. China hoped non-governmental organizations from other regions would have a chance to speak too. Mr. De Schutter in his closing remarks talked a lot about the issues outside of his mandate which reflected his personal and political outlook. China had extended full support and cooperation to the Special Rapporteur on the right to food during his visit.

Romania, speaking in a right of reply, said that Romania was pleased with the approach of Serbia to the question of religious freedom. Romania raised concerns about recent steps taken on the freedom of Romanian nationals living in eastern Serbia, whereby a local priest had not been allowed to conduct a service in the national language.

Japan, speaking in a right of reply, said that the statement made by the Democratic People’s Republic of Korea this morning was contradictory. There were cases of enforced disappearances that had not been resolved. Japan urged the Democratic People’s Republic of Korea to investigate immediately allegations of disappearances.

Democratic People’s Republic of Korea, speaking in a right of reply, said that its position had already been made clear. The cases mentioned by Japan had been resolved and clarified. Concerned persons had returned home safely.

Japan, speaking in a second right of reply, said that the specific issues mentioned by the Democratic People’s Republic of Korea were contrary to the facts.

Democratic People’s Republic of Korea, speaking in a second right of reply, categorically rejected the allegations of Japan which had no merit.

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For use of the information media; not an official record