Mr. President, Distinguished members of the Human Rights Council, Excellencies, Ladies and Gentlemen,

            I am honoured to present my annual report to the Human Rights Council. Since my previous report in June last year, I submitted a report to the General Assembly, highlighting the importance of social protection measures in facilitating the achievement of the MDGs. At the fifteenth session of the Human Rights Council, I presented a report on my mission to Bangladesh and a progress report with detailed recommendations on how to improve the draft guiding principles on extreme poverty and human rights.

            Over the past year, I participated in numerous events and held working meetings with Governments, UN agencies, the World Bank, donor agencies, academic institutions, non-governmental organizations, human rights practitioners and representatives of people living in poverty. I also took part in the Latin American Regional Consultation on the draft general guidelines on foreign debt and human rights, and the Third Forum on Minority Issues.

            Today, I am presenting my fourth report to the Council as well as the reports on my official missions to Viet Nam and Ireland. I wish to thank the Governments of Viet Nam and Ireland for inviting me and for extending their cooperation. I very much appreciated the spirit of openness and cooperation shown during my visits

Mr. President,

Since I started my work as an Independent Expert, the world has been affected by an unprecedented economic and financial crisis that has had devastating consequences for those living in poverty.

In developed and developing countries across the world, the global economic and financial crises have exacerbated deprivations, and increased inequality and poverty.  Tens of millions of people have fallen into income poverty because of the crises, and many more will remain in poverty than otherwise would have. Increased inequality has diminished social cohesion and exacerbated feelings of insecurity and exclusion, resulting in mounting social unrest and instability. This situation has become so intolerable that in several countries we have witnessed how people have been compelled to take the streets to express their grievances. As ever, the most marginalized and disadvantaged have suffered and continue to suffer the worst effects of crises, and the impending food crisis threatens to deplete further their already exhausted capabilities and resources.

            Faced with this devastating situation, Governments have been forced to adopt a series of recovery policies which, in the vast majority of cases, have involved severe austerity measures. The report presented today focuses on the impact of recovery measures on the enjoyment of human rights by people living in poverty and sets out the parameters that should guide such measures to ensure compliance with human rights obligations and the protection of the most vulnerable sectors of society. The report emphasises that if States implement recovery measures in line with human rights principles economies will not only recovery faster, but also recovery will be more sustainable and inclusive.

Human rights are not dispensable during times of crisis and recovery. States cannot use the economic damage caused by the crises to justify actions or omissions that amount to violations of human rights obligations. For State parties to the International Covenant on Economic, Social and Cultural Rights, this means that they must dedicate the maximum amount of resources available to progressively achieve the full realization of all economic, social and cultural rights, even during difficult economic times.

            While it is fully justifiable and necessary to implement austerity measures in times of crisis, many States are designing and implementing recovery measures that threaten to further exacerbate the desperate situation of the poorest and most vulnerable, and jeopardize the ability of States to meet their human rights obligations. Of grave concern is the decision by some States to curtail already limited social protection schemes, by reducing the level of benefits or extent of coverage, or introducing stricter controls or criteria. Cuts to social protection systems seriously compromise 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.

            Other measures of concern include the implementation of regressive taxation measures, which may disproportionately impact those who are already experiencing financial difficulties; reductions in public sector workforce and wages, which will severely impede the delivery of social services to people living in poverty, especially those in rural areas and the most disadvantaged; and the limiting or elimination of food subsidies, which is particularly worrying given escalating food prices and increasing food insecurity.

Mr. President,

            The challenge of recovering from the damage of successive crises presents a unique opportunity for States to formulate a transformative vision for the future aimed at the full realization of human rights. By putting human rights at the centre of their responses to the crises, States ensure a recovery premised on equality, inclusiveness and a genuine sense of social cohesion. I call on States to orient the discussion about recovery away from deficit reduction and towards the reduction of deprivation and the eradication of obstacles to the realization of rights. Through a human rights-based recovery, States have the chance to embrace new and ambitious approaches to reducing inequality, eliminating poverty and creating stable societies and economies that will withstand future shocks. 

            In the report I explain how human rights can provide a clear legal framework for the design and implementation of inclusive policy responses. There is no space in human rights for a trickle-down approach. Unfortunately, the evidence shows that economic growth does not translate into improved conditions for the poorest, if these improvements are not conducted through appropriate public policies. From a human rights perspective, recovery must start with the most disadvantaged and marginalized segments of society. To this end, in the final part of my report I recommend a number of concrete recovery measures that States should consider adopting in order to facilitate a human rights based recovery.

            A comprehensive rights-based social protection floor must be the foundation of any transformative recovery from the crises. Strengthening social protection systems now will ensure greater resilience against future crises and supporting the most vulnerable will help to prevent the transmission of the effects of the crises to future generations.

While employment creation is a vital for generating economic growth, I wish to stress that it is essential that States direct their efforts towards generating opportunities for sustainable, productive and decent work in which individuals can exercise and realize their human rights. Human rights norms and standards require States to ensure just and favourable conditions of work, including safe and healthy working conditions, reasonably limited hours, paid annual leave, and the right to form and join trade unions. I call on States to promote policies that increase the employability of groups that face specific barriers in accessing employment, such as women, persons with disabilities, young people and ethnic minorities.

The report details a number of other human rights-based recovery measures that States should implement. These include adopting gender-sensitive policies to ensure that recovery from the crises does not exclude women; implementing socially responsible taxation policies in order to maximize available resources in times of fiscal constraints; regulating banking and financial sector entities and strengthening the accountability and transparency of the financial system, strengthening State institutional and technical capacity, improving the collection of data and the ability of poverty monitoring systems, increasing participation and creating a national dialogue, and ensuring an environmentally sustainable recovery.

In addition, the report calls on States to enhance international assistance and cooperation. Acknowledging that many developing countries have a limited financial and institutional ability to respond to the crises, developed States should not use the crises to justify cuts in development assistance which is of vital importance for the recovery of the least developed countries.

Distinguished members of the Human Rights Council,

            Please allow me to now present the report on my mission to Viet Nam that I undertook in August 2010. I would like to once again to thank the Government of Viet Nam for the support and cooperation provided during the visit.

            Viet Nam should be applauded for the impressive progress made in the last two decades in reducing poverty and increasing the enjoyment of economic, social and cultural rights by the population. Nonetheless, substantial challenges remain; in 2008, at least 12 million Vietnamese still lived in extreme poverty, and inequality continues to rise. Viet Nam has become a middle income country, and this great achievement poses significant challenges that must be addressed with priority to avoid increasing inequality in the country.

            Many of the commendable advances made by Viet Nam in recent years are failing to reach the poorest and most vulnerable populations. Great regional disparities, a large urban-rural divide, and glaring inequalities across ethnic lines persist in Viet Nam. Women, children, people living with disabilities, ethnic minorities and internal migrants all experience considerable obstacles in accessing employment, health care, education and other government services, as well as economic opportunities. Unless these significant disparities are addressed as a matter of priority, chronic inter-generational poverty will continue to persist in Viet Nam.

Mr. President,

            I call on Viet Nam to adopt a human rights approach its measures to reduce inequality, alleviate poverty and achieve sustainable economic growth. During my mission I particularly focused on social protection measures in Viet Nam, which are an important means through which Viet Nam can meet its human rights obligations. In this regard, I commend the Government for concluding the new Social Security Strategy 2011-2020, which articulates major plans for the promotion of social protection initiatives in Viet Nam, including the introduction of measures aimed at the promotion of employment, universalization of social insurance and expansion of social assistance. Particularly commendable is the fact that the Strategy recognizes people’s right to social security and affirms the need to prioritize poor and vulnerable groups. However, several issues impede the implementation of an effective and human rights-oriented social protection scheme, including the limited coverage of existing social protection programmes due to tight eligibility restrictions and insufficient benefit levels. In my report, I stress that rectifying these deficiencies and taking a human rights approach to social protection will enable Viet Nam to achieve a more equitable and sustainable society.

Let me briefly summarize the findings of the report by saying that while the advances made by Viet Name in the area of poverty reduction are commendable, further efforts must be undertaken to ensure that progress reaches everyone, particularly the poorest and most vulnerable sectors of society. I look forward to continuing the dialogue initiated during this visit and closely following the measures taken by the Government of Viet Nam to improve the situation of people living in extreme poverty.

Mr. President, distinguished delegates,

            I have the honour of presenting the report on my mission to Ireland, which I undertook in January this year. I wish to extend my gratitude to the Government of Ireland for the support and cooperation provided to me during the visit.

            In the past two decades Ireland has made impressive progress in addressing poverty and social exclusion. The social protection system has been expanded and improved considerably to encompass both contributory payments and non-contributory social assistance, and by 2009 around one third of all people in Ireland were benefiting from some form of social transfer. Unfortunately, recent developments threaten to undermine these achievements.

For the past three years Ireland has been struggling with economic and financial crises of unprecedented proportions. In response, Ireland has pursued a series of austerity measures, some of which jeopardise the State’s ability to meet their human rights obligations, and have the potential to reverse the progress made in alleviating poverty and social exclusion. In this context, my report looks through a human rights lens at the recovery measures employed by Ireland since the inception of the crises, with a focus on the impact on the poorest and most marginalized.

            Of utmost concern is the disproportionate impact of cuts in funding to social services, which will affect the poorest and most vulnerable with the greatest severity. A number of measures are particularly concerning, including reductions in child benefits and benefits for job seekers, carers, single-parent families, persons with disabilities and blind persons. The impact of these measures will be exacerbated by funding cuts for a number of services that are essential for the same vulnerable people, including disability, community and voluntary services and Traveller support. By cutting funding to the benefits and services relied on most by the poor and marginalized, Ireland runs a risk of exacerbating and perpetuating the deprivations that vulnerable groups face.

            The challenges that Ireland faces in recovering from the crises are great, but they are no excuse to dispense with human rights obligations. Ireland must continue to devote the maximum available resources to the realization of economic, social and cultural rights, and to ensure that the poorest and most vulnerable are prioritized. Against this background, Ireland’s decision to achieve the bulk of its budgetary adjustments through cuts in public expenditure rather than increases in taxation is concerning. Reductions in public expenditure affect the poorest and most marginalized with the most severity, whereas some progressive increase in taxation rates could more equitably distribute the burden on those who are better equipped to cope.

During my mission, I was concerned to learn that the formulation of Ireland’s various national recovery plans and budgetary responses to the crises have been undertaken, for the most part, without any meaningful public participation. Failure to ensure participation and transparency in the design of national policies undermines the effectiveness of budgetary adjustment policies and prevents the needs of the poorest and most excluded from being taken into account. I call on Ireland to immediately undertake a human rights review of all budgetary and recovery policies to ensure compliance with its human rights obligations.

            I applaud the efforts of the new Government to seek a reduction of the interest rate for the EU/IMF loan. A reduction in the interest rate would increase the funds available to Ireland to protect those most in need. I would like to use this opportunity to remind EU and IMF Member States that, according to their obligations under the International Covenant on Economic, Social and Cultural Rights, they must do their utmost to ensure that lending policies do not have a detrimental impact on the enjoyment of Covenant’s rights by those living in poverty. I, therefore, call on EU members to consider seriously accepting Ireland’s request for an interest rate reduction.

Mr. President,

            I am committed to continue the positive dialogue with the Government of Ireland and I hope that the findings and recommendations of this report will assist the new Government in re-examining the plans for national recovery, while placing human rights at the heart of recovery efforts to enable Ireland to meet its long-standing social goals. 

            Again, I look forward to engaging with the Council in a dialogue on the three reports presented today. Thank you.