HUMAN RIGHTS COUNCIL CONCLUDES DEBATE ON RIGHT TO HEALTH, RIGHT TO FOOD AND HUMAN RIGHTS DEFENDERS

The Human Rights Council this afternoon concluded its debate on the reports of the Special Rapporteurs on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, the right to food, and of the Special Representative of the Secretary-General on the situation of human rights defenders. It then took up the report of the Special Rapporteur on the sale of children, child prostitution and child pornography.

Juan Miguel Petit, Special Rapporteur on the sale of children, child prostitution and child pornography, said there were no children’s rights without democracy, and democracy without protection to its most vulnerable members made no sense. The only way of preventing trafficking and exploitation was ensuring total transparency to the so-called “sex market”, clear rules to avoid mafias, and all kinds of exploitation, and to ensure creative reintegrative programmes for the victims and all the sex workers that wished to abandon the activity. The main struggle that had to be overcome was a cultural one: only when in the minds and hearts of every person the idea of respect and care of other human beings predominated, would all sleep peacefully knowing that the nightmares of violations of children’s rights was a thing of the past.

In concluding remarks following the interactive debate, Paul Hunt, Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, said many countries did not yet have instituted a national plan to provide essential drugs. The provision of essential medicines was the primary responsibility of States, but it was also important to look at the role of pharmaceutical companies. Benchmarks and indicators’ main role was to help identify those policies that worked best to operationalize the highest attainable health status.

Jean Ziegler, Special Rapporteur on the right to food, said that the climate change of the planet had seriously affected the water situation in many regions, with some lakes drying out. In some countries some projects had been realized to provide water to families. How globalization affected the right to food was not yet known. One thing was true, the forces of production had been doubled due to monopolization and concentration of powers in the hands of the few, however, food shortages continued to affect people and to kill thousands of them every day.

Hina Jilani, the Special Representative of the Secretary-General on the situation of human rights defenders, said national Governments were always responsible for the implementation of their international commitments, and this should be reflected at every level of Government, and they should undertake strong political initiatives with their dialogue with provinces to ensure that compliance with international human rights standards in the country was observed properly, and to make adequate resources available in this regard.

Speaking as concerned countries were Nigeria and Palestine.

Speaking in the course of the interactive debate were the representatives of Finland for the European Union, Algeria for the African Group, Switzerland, Sri Lanka, Luxembourg, Germany, Cuba, Morocco, Cameroon, Argentina, Philippines, Costa Rica, the United States, Colombia, Norway, Chile, New Zealand, Indonesia, Canada, Malaysia, Sudan, Peru, Liechtenstein, Pakistan, the Republic of Korea, Nicaragua, Austria, Ghana, Tanzania and Bangladesh.

Exercising their right of reply were Algeria, Colombia, China, and Indonesia.

Also speaking were the Food and Agricultural Organization, and the International Coordinating Committee of National Human Rights Institutions as well as representatives of International Service for Human Rights, Asia-Pacific Forum for Women, Amnesty International, International Women’s Rights Action Watch, Foodfirst Information and Action Network, Worldwide Organization for Women, International PEN, and Colombian Commission of Jurists.

The next meeting of the Human Rights Council will be on Monday, 25 September at 10 a.m. when it will meet behind closed doors to discuss its 1503 Procedure. At 1 p.m., it will meet in public to continue discussing the report of the Special Rapporteur on the sale of children, child prostitution and child pornography and to start its consideration of the reports of the Independent Expert on the effects of economic reform policies and foreign debt on the full enjoyment of all human rights and the Chairperson/Rapporteur of the Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination. The Council will meet non-stop from 1 p.m. to 6 p.m.


Statements from Concerned Countries on Reports on the Right to Health, the Right to Food, and Human Rights Defenders

JOSEPH U. AYALOGU (Nigeria), speaking as a concerned country, said in the report of Hina Jilani, the Special Representative of the Secretary-General on the situation of human rights defenders, she had welcomed the visible commitment of the Government of Nigeria to include human rights in its state and national policies, and was particularly encouraged by the work of the National Human Rights Commission at the national level. She had found no policy of systematic harassment of human rights defenders or of obstruction of their work in general. The Government had taken note of the conclusions and recommendations in the report, and would factor them into the overall policy on human rights defenders.

There were certain sections in the report where Nigeria was not completely in agreement, such as where the Special Representative had mentioned that there were 750 extrajudicial killings in the country. Nigeria was doubtful of these facts, and wished to ascertain the matter, and felt that comments on extrajudicial killings should have been left to the relevant mandate holder, except if there was basis to contend that human rights defenders had been victims of extrajudicial killings, which did not appear to be the case.

MOHAMMAD ABU-KOASH (Palestine) thanked Hina Jilani, Special Representative of the Secretary-General on human rights defenders, for her report. Palestine concurred with her report. The Israeli occupation affected the Palestinian population as a whole, including human rights defenders. Many of these human rights defenders were in prison, and were depicted as terrorists by the Israeli occupation forces. Israel did not distinguish between a human rights defender and any other Palestinian. Palestine urged NGOs and particularly human rights NGO to continue their work in defense of human rights defenders. The situation in Palestine was very difficult because even thought the country had held elections and chosen their own authorities, half of the officials were in jail, including members of Parliament. Palestine hoped to get rid of the Israeli occupation, and extended an invitation to all procedural holders to come to Palestine.

Continuation of the Discussion on the Right to Health, the Right to Food, and Human Rights Defenders

ANN MARI FROBERG (Finland), on behalf of the European Union, said the European Union had actively promoted the right to health, by for instance launching health programmes with the objective of improving health information and to enhance the capacity to react to health threats, and it cooperated with third countries and international organizations in this regard. The report of Paul Hunt, the Special Rapporteur on the right to health, highlighted that a significant number of the Millennium Development Goals were health-related, and the speaker asked which key features should effective health systems include in order to fulfil the requirements of a core social institution. Further, she asked what was the role of national human rights institutions in relation to the right to health.

To Jean Ziegler, the Special Rapporteur on the right to food, the European Union wished to know how the problem of hunger could be tackled by initiatives investing in development and reducing dependence on rain-fed agriculture and others. How could good experiences be best used to reduce hunger and malnutrition, she asked. With regards to the report of Hina Jilani, the Special Representative of the Secretary-general on human rights defenders, the European Union said the protection of human rights defenders had become an integral part of the international human rights agenda due to her efforts. The European Union wished to know how the international community could best react to ensure the personal safety of individuals during and after their cooperation with United Nations human rights protection mechanisms, and whether Ms. Jilani could summarise the essential elements of an effective national protection strategy that could meet the specific needs of human rights defenders.

IDRISS JAZAÏRY (Algeria), speaking on behalf of the African Group, called attention to the communications by Hina Jilani, the Special Representative of the Secretary-General on human rights defenders, with the ministers of several countries during the recent session of ECOSOC, asking for the provision of explanations on different matters. This practice infringed on the rights of States, and Ms. Jilani had not provided any explanation for her practice. A letter of apology should be sent to each of the affected delegations here in Geneva.

Algeria, now speaking only on its behalf, congratulated Jean Ziegler, Special Rapporteur on the right to food, for his report. Algeria asked the Special Rapporteur to draw a compendium of best practices, which would take into account many innovative initiatives in Africa. The problem of hunger in Africa was a key challenge, and its link to migration had to also be born in mind. Setting up an iron curtain on the part of western nations would not offer a solution to combating hunger in the African continent.

JEAN DANIEL VIGNY (Switzerland) asked the Special Rapporteur on the right to health on access to essential medicine and the methods developed on their distribution. On food security, many developing countries were not able to produce food for themselves. What was the policy of food security at the national level? Since food was also related to property, how did the Rappoteur on the right to food see the relationship between food and ownership? On the human rights defenders, Switzerland was aware that national authorities should protect them and acknowledge the role of human rights defenders. What measures should be taken so that the role of the human defenders was recognized at the national level?

HIRANTHI WIJEMANNE (Sri Lanka), said with regards to Mr. Ziegler’s comment on food security in the conflict-affected areas of Sri Lanka, a number of convoys and shipments carrying food, medicine and fertiliser for agricultural purposes had been set by the Government to the North and East, and government agents in these areas had said there was no shortage of food or other essential items. The international community should press the LTTE to provide the necessary security guarantees to the ICRC which would enable them to take regular convoys of humanitarian assistance to Jaffna.

The Government had a consistent policy of providing unhindered humanitarian supplies to the North and East of the country, including LTTE dominated areas. Sri Lanka was a unique example of a Member State which had consistently provided essential items and funded the entire provincial administration, hospitals and schools and development aid projects even during years of conflict.

JEAN FEYDER (Luxembourg) said that each day 25,000 people, in particular children, died of hunger, malnutrition and because of lack of health care. This was unacceptable, and Mr. Jean-Claude Juncker, Prime Minister of Luxembourg, had in repeated occasions called attention to this matter and called the international community to take the necessary measures to fight hunger worldwide. Luxembourg was particularly concerned over the difficulties in realizing the first goal of the Millennium Development Goals, which sought to reduce in half the number of those who suffered hunger and malnutrition by 2015. Luxembourg asked Mr. Ziegler whether he agreed with the view that developing countries should prioritise the promotion of agriculture and food security within their national strategies to reduce poverty. With reference to donor countries, Luxembourg asked Mr. Ziegler if donor nations should not be encouraged to also attach the same importance to agriculture and food security in their cooperation and development policies.

BIRGITTA SIEFKER EBERIE (Germany) referring on the report on human rights defenders, said Hina Jilani, the Special Rapporteur, had stressed the particular importance of capacity building for human rights defenders in the field of risk assessment, among others. One example of such an initiative was the Network of Human Rights Defenders in East Africa and the Horn of Africa. Where did she see the specific advantages of that regional network? How could the international community, and in particular the European Union, help to promote the creation of similar regional networks? Following her visit to Nigeria, she made special mention of defenders of women’s rights and of economic, social and cultural rights who were particularly vulnerable in Nigeria. Could the Rapporteur specify how the international community could contribute in order to increase protection and to give more visibility to the work of those human rights defenders?

YURI ARIEL GALA LÓPEZ (Cuba) said with regards to the report of Mr. Ziegler, in this connection, the increase in hunger worldwide was of great concern, as was the shameful reality that more than 850 million women, men, and children were chronically undernourished, and millions died every year of hunger. Hunger and famine were not inevitable, and were the result of the unjust international order, with neo-liberalisation and globalization impacting on economic, social and cultural rights. The impact of globalization on the right to food was clear, as stated by Mr. Ziegler, but he should make some additional comments on this complex situation, particularly with regards to the impact of neo-liberal economic policies on the right to food.

RAFAEL GARCIA COLLADA (Cuba), speaking on the report submitted by Mr. Hunt, said Cuba had established a programme for free health care throughout its territory. Action was taken to provide international cooperation in this area, with doctors sent to many countries of the world to help those who had not been able to enjoy effective exercise of this right. Mr. Hunt was asked whether he had had the possibility of inviting WHO or other regional organizations to contribute to improvement or perfection of the use of health indicators so as to contribute to the improvement of the quality of health in developing countries.

MOHAMMED LOULICHKI (Morocco) attached great importance to the realization of the right to health. Morocco agreed with Paul Hunt, Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, on his report, in particular with his reference to the necessary link between the realization of the Millennium Development Goals and the implementation of the right to health. The right to health could not be realized if the population at large did not benefit from the fruits of the Millennium Development Goals. There was an obligation through international cooperation to implement the right to health. Morocco had set up programmes involving medical coverage, and compulsive medical insurance, which were the result of a law passed to guarantee basic medical care.

MICHEL MAHDUVE (Cameroon) said Cameroon was committed to cooperating with the work of the Council. With regard to the report on human rights defenders, Cameroon would like to ensure that human rights were recognized and protected. However, some of the so-called human rights defenders derailed from their main objectives and contravened the law of the nation, and they were tried accordingly. The title of human rights defence should not be a certificate of immunity when crimes were committed in the name of human rights defence. In order that the international protection of human rights remain credible, the human rights defenders should not serve as an umbrella for persons whose activities were far from the human rights defence.

SERGIO CERDA (Argentina) said with regards to the report by Mr. Ziegler, his innovative ideas were appreciated. Given the issues covered, did Mr. Ziegler plan to contact the Special Representative of the Secretary-General on the impact of transnational corporations on human rights, the speaker asked, as this might be a useful approach. On the report of Ms. Jilani, there were certain elements in paragraph 91 related to reform which could be very useful. The degree of compliance with the Convention on Human Rights Defenders could be a method of assessing human rights.

JUNEVER MAHILUM WEST (Philippines) thanked all the Special Procedures for their reports. With respect to Mr. Ziegler’s report, the Philippines found his conceptual framework on the right to food in an era of globalization very interesting. In relation to his observation that transnational corporations and international organizations should be made accountable for the realization of the right to food in all countries, the Philippines asked Mr. Ziegler to share his views on how this idea could be more effectively promoted and operationalized.

LUIS VARELA QUIROS (Costa Rica) said Costa Rica appreciated the report of the Special Rappoteur on the right to food and his observations that the right of food was being violated in many countries. He had been concerned that when a child was dying of hunger, it was a violation of the right to food and it was murder. It was also a violation of the basic right of humanity. The President of Costa Rica had proposed to the international community to create a mechanism in which funds could be funnelled to the developing countries in order to help them develop their education, health and other services.

WARREN W. TICHENOR (United States) said the report of the Special Representative of the Secretary-General on human rights defenders was welcomed, and the conclusions of Hina Jilani were agreed with, but there were those in power who did not welcome the representatives of human rights non-governmental organizations (NGOs), and viewed them as a threat. In many countries there were disturbing attempts to shut down, silence and remove human rights NGOs. Charges against human rights defenders were often vague, such as “disturbing public order”. Repressive regimes often used other methods, with the clear motivation of protecting those in power and silencing dissent. The United States strongly supported Ms. Jilani’s recommendations, and supported a strong civil society.

CLEMENCIA FORERO UCROS (Colombia) thanked Hina Jilani, Special Representative of the Secretary-General on human rights defenders, for her report and stressed the importance of providing adequate protection to human rights defenders to achieve the full realization of human rights. The Government of President Alvaro Uribe Velez had placed the fulfillment of the fundamental right and freedoms as the centerpiece of its policy in the whole country. Colombia held general elections three months ago, and leftwing parties did unusually well, a fact that reflected the efforts of the Government to guarantee the realization of all human rights. In spite of the current efforts being made by the Government, there was news circulating that wrongly indicated to the contrary.

WEGGER STROMMEN (Norway), referring to the report of the Special Representative of the Secretary-General on human rights defenders, said that since the adoption of the Declaration in 1998, there had been an increased focus both on the important role of human rights defenders and their often precarious situation. Unfortunately, that had not yet resulted in secure and satisfactory conditions. The situation was often further exacerbated by an environment of impunity for crimes committed against human rights defenders. Which concrete projection measures for human rights defenders at the national level would the Special Representative highlight as particularly effective?

EDUARDO CHIHUAILAF (Chile) said regarding the report of the Special Rapporteur on the right to health, his conclusions were fully endorsed to the effect of the right to health being equated to the right to a fully comprehensive health care system and other elements. The North and South should develop concrete measures to enhance the health system in poorer countries and countries in transition. Could the Special Rapporteur indicate particular areas for cooperation, the speaker asked, and he should give further thought to what should be the features of a health system in the context of the right to health. The United Nations should adapt indicators in order to cover this issue.

With regards to Mr. Ziegler’s report, his thoughts on the extra-territorial obligations of States with regards to the right to food were very interesting. It was very relevant that he addressed the need for States to understand that they had a need to respect this right, and should not fail to act, as it was a pressing obligation. The international community had a duty to cooperate to eradicate hunger, and Chile had been examining innovative ways of combating this scourge in this context.

AMY LAURENSON (New Zealand) thanked Paul Hunt, Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, for his report and asked Mr. Hunt, in view of his indicated third objective that aimed at operationalizing the right to health, how he envisaged to carry out such a goal.

With reference to Hina Jilani, Special Representative of the Secretary-General on human rights defenders, New Zealand wanted to make a reference to comments made earlier by Algeria. New Zealand was a long supporter of human rights special procedures, and Special Rapporteurs had the right to express their views without suffering any interference. Therefore, New Zealand saw no reason to object to her initiative, regardless of whether some States might not agreed with her view.

GUSTI AGUNG WESAKA PUJA (Indonesia), on the right to health, said that in order to ensure that people enjoyed the right to health, the necessary facilities and services should be put in place. Indonesia had been endeavouring to fulfil its obligation by developing health structures to meet the needs of the population, particularly gender-related health services. With regard to human rights defenders, Indonesia offered special protection and encouragement to them. Indonesia had decided to invite the Special Representative of the Secretary-General to visit Indonesia in 2007 and she would receive a formal invitation soon.

GYWNETH KUTZ (Canada) said Canada saluted the impressive work done by Ms. Jilani during the six years of her mandate, during which she had greatly contributed to improve the situation of those who were at the forefront of the defence of the rights of the person, and to bring to light the immense challenges that remained. The treatment of human rights defenders was a barometer for evaluating the general situation of respect for human rights in a given country. Did the Special Rapporteur have any suggestions as to how the evaluation of the situation of human rights defenders could be part of an early-warning situation, the speaker asked.

IDHAM MUSA MOKTAR (Malaysia) said Malaysia appreciated the work undertaken by individuals and organizations that sought to promote and protect human rights and fundamental freedoms everywhere. Malaysia considered that every man and woman who spoke for human rights and human dignity, as they were all doing today, as those who defended human rights. In standing up for human rights, it should be constantly borne in mind that the words every person uttered and the action taken should be within the confine of the rule of law. Malaysia saw a correlation between human rights and the rule of law as both sought to ensure a fair and equal administration of justice to all segments of people in a society.

ATTIAT MUSTAFA (Sudan), referring to the report of the Special Reporter on the right to food, wondered how the Special Rapporteur got the information on Darfur, which he mentioned in his oral presentation of his report with regard to convoys of food. She said that the armed groups had attacked the food convoys destined to the needy people. Darfur was a very fertile area and the Government had distributed seeds and tools to produce food instead of waiting for international assistance.

MANUEL RODRIGUEZ CUADROS (Peru) said the presentations by Mr. Hunt and Mr. Ziegler had the merit of showing the right road that the Human Rights Council could follow with regards to the protection and promotion of economic and social rights. The requirement of applying human rights should be on the basis of the obligation to exercise and ensure economic and social rights, although this was not to be applied all at once, but took place in a timeframe that was progressive. Mr. Hunt had presented a report which had a great possibility for extrapolation.

Poverty and marginality had a great impact on health. There was a link between the possibility of exercising economic and social rights and the right to health. This also was true for the report of Mr. Ziegler. There were two consequences stemming from these facts: the rights to health and to food could not be delinked from socio-sectoral policies applied by States. There was an international phenomenon that had an impact on the rights to health and food, and the two Special Rapporteurs could include in next reports the different policy options and alternatives which international cooperation could maintain so that States could have sectoral policies that would increase budgetary allocations to health and food.

ISABEL FROMMELT (Liechtenstein) thanked warmly Hina Jilani, Special Representative of the Secretary-General on human rights defenders, for her report, and for having contributed to creating better conditions for human rights defenders. In spite of progress in this field, there were still laws being passed in some countries that restricted the work of human rights defenders. Liechtenstein asked Ms. Jilani on the possible role of United Nations country offices in supporting the work of human rights defenders.

TEHMINA JANJUA (Pakistan) said that Pakistan fully shared the concerns expressed by the Special Rapporteur on the right to food on the global increase in hunger in the world, particularly in Africa. There should be a mechanism to curb that phenomenon. Pakistan itself had experienced natural disasters in the past. The international community should be able to create means to strengthen food security in the event of natural disasters such as the tsunami. With regard to the report on human rights defenders presented by the Special Representative of the Secretary-General, it was worth mentioning that she had stressed the importance of the mandate, and it was important that States implement the provisions of the Declaration on Human Rights Defenders.

BUM-HYM BEK (Republic of Korea) said having undergone the difficult transition from an authoritarian regime to a stable democracy, the Republic of Korea had gained some understanding and experience which could hopefully shed some light on the dialogue today. Civil society, especially the activities of human rights defenders, was often the driving force for democratic development, the fight against corruption, the protection and promotion of human rights, upholding Governmental integrity, and for good governance.

The adoption of the Declaration on Human Rights Defenders in 1998 had caused a recognition of the leading role and legitimacy of human rights defenders in realising democracy. However, serious violations against human rights defenders were still continuing in many countries throughout the world, showing that much needed to be done to support the important role of human rights defenders and to protect them from harm.

ALICIA MARTIN (Nicaragua) expressed appreciation to Paul Hunt, Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, and endorsed his call to implement the right to health. Nicaragua considered that it was the responsibility of the State to assure equal rights to health, and in that sense it was responsible for setting adequate programmes and services as well as to encourage people’s participation. Nicaragua believed that the right to health was a basic component of the Millennium Development Goals. It said that it was of prime importance to invest in health and have the involvement of major stakeholders, including international cooperation. Finally, Nicaragua said that poverty was still one of the major diseases of this century.

EVA SCHOFER (Austria), referring to the report of the Special Rapporteur on the right to health, asked how the participatory process in health matters could be realized. With regard to his visit to Uganda, how could the authorities implement the recommendations contained in his report, given that the Special Rapporteur had indicated that his visit and the outcome did not only concern Uganda but all States experiencing similar situations.

PAUL ARYENE (Ghana) asked of Ms. Jilani what cooperation there was between her and the Special Rapporteur on human rights defenders of the African Commission, what were the differences and complementarities of the respective mandates and activities; of the information received about concrete protection measure for human rights defender on the national level, which ones she would highlight as effective; what were the reasons for the protection measures and mechanisms adopted at the national level receiving criticism with regards to their sustainability; what specific requests could be made to Member States to develop frameworks of response and accountability for violations by non-State entities; and in what ways would the particular situation of women human rights defenders be monitored, analysed and addressed by the mandate and in collaboration with other United Nations human rights mandates.

BARAKA LUVANDA (Tanzania) thanked Hina Jilani, Special Representative of the Secretary-General on human rights defenders, for her excellent report. The Special Rapporteur acknowledged in the report that in Tanzania there was improved transparency, enhanced access to information and a more independent media, all factors contributing to the implementation of the Declaration. Tanzania wished to confirm that the Government embraced the rule of law whereby everyone had the right to freedom of opinion and expression as well as guaranteeing freedom of association. Tanzania stressed that there was a broad awareness of human rights in the country today. Human rights education had been incorporated in the curriculum of secondary schools, and efforts were underway to do the same for primary schools.

MUSTAFISUR RAHMAN (Bangladesh) recalled that the Special Rapporteur on the right to food had visited Bangladesh in the past and knew its position on the right to food. Many developing countries had small possibilities in realizing the right to food. On the statement of the Special Representative on human rights defenders, he noted that Bangladesh was a country of 14,000 non-governmental organizations and from its experience knew that civil society played an important role, including human rights defenders.

THEMBA MASUKU, of Food and Agriculture Organization (FAO), said the Voluntary Guidelines on the Progressive Realisation of the Right to Adequate Food were an extremely valuable instrument in assisting countries in the progressive realisation of the right to adequate food. The role and responsibility of international organizations was of fundamental importance in this regard as well. FAO had established a Right to Food Unit to support the implementation of the right to food through the application of the Guidelines, with the vision of the full realisation of this human right through it being respected, protected, and fulfilled everywhere.

FAO had in the past benefited from the contributions and cooperation of other United Nations agencies, in particular the United Nations High Commissioner for Human Rights and the World Food Programme, and hoped to expand and strengthen such partnerships even further to promote the missing elements in the strategies for promoting food security towards the first Millennium Development Goal and that of the World Food Summit. A human rights-based approach to food security could empower rights holders to claim their human rights and hold duty bearers accountable.

MAHJOUB EL HAIBA, of Council of Human Rights of Morocco on behalf of the International Coordinating Committee of National Human Rights Institutions, thanked Hina Jilani, Special Representative of the Secretary-General on human rights defenders, for her report, and expressed full support for the recommendations. It recommended strengthening the dialogue with the Special Rapporteur on the exchange of information, as the International Coordinating Committee of National Human Rights Institutions had received numerous communications with reference to the situation of human rights defenders that it wished to share with her.

CHRIS SIDOTI, of International Service for Human Rights, asked how the Council could take effectively the recommendations of the Special Representative on human rights defenders and implement them within the periodic review procedure as she had recommended.

RUKSHAN FERNANDO, of Asia-Pacific Forum for Women, said the report of the Special Representative on human rights defenders was appreciated. In Uzbekistan, defenders were subjected to arrest, torture, arbitrary detention and other violations, and the speaker asked how the Special Representative would assess the authorities cooperation with her mandate. In Iran, Sudan, the Philippines, and Colombia human rights defenders were harassed in many different ways. The situation of human rights defenders in the Democratic Republic of Congo was also difficult, as it was in Ethiopia, Singapore, China, the Maldives, the Russian Federation and Sri Lanka.

AÏSSATOU-BOUSSOURA GARGA, of Amnesty International, welcomed the work and report of Paul Hunt, Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. Amnesty International was interested in learning about his intentions for follow-up on the recommendations that he had made in his report presented to the Human Rights Council and the Commission on Human Rights. In addition, Amnesty International asked the Special Rapporteur if he had any plans for follow-up work with the Government of Peru, and with other governments in connection with his report and recommendations.

ANURADHA RAO, of International Women’s Rights Watch, said the organization, with regards to the right to health, emphasized accountability and participation of civil society, with particular focus on a gender-based approach. She asked if the Special Rapporteur had the possibility in Indonesia to meet people, particularly members of the vulnerable groups. Although rights were indivisible, the right to health had been denied to many women.

ASHILD SOLGAARD, of Foodfirst Information and Action Network, said Mr. Ziegler was doing sterling work to guarantee the right to food to all, including marginalized groups. His continued work was supported, and it was hoped the mandate would remain the same. Voluntary guidelines to the right to food were endorsed by over 150 of the Food and Agricultural Organization’s Member States. There were concerns with regards to Mr. Ziegler’s visit to India, including that he had not been able to meet with a large part of civil society, and that the poor in India were still the victims of hunger-related illness and debt. The conclusions in his report on India were useful and the Government should work to implement them.

AFTON BEUTLER, of Worldwide Organization for Women, welcomed the report of Paul Hunt, Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. Emphasis should be put on the need to have integrated health systems, and focus on women’s health. Account should be taken of crosscutting issues such as violence against women, and food problems resulting in serious health concerns. Mr. Hunt should provide definitions for the concepts of reproductive health and reproductive rights. Finally, the Special Rapporteur should consider the input of a number of NGOs working at the grassroots level.

FAWZIA ASAAD,of International PEN, said that China had in the three months, since the first UN Council meeting was held, sentenced two more people to prison terms in direct violation of article 19 of the International Covenant on Civil and Political Rights. That brought the number of writers sanctioned to 33. The continued detention of Chinese writers and journalists was a clear and persistent breach of the right to freedom of expression.

ANDRES SANCHEZ, of Colombian Commission of Jurists, said the Human Rights Council should take careful note of the report of Ms. Jilani, which developed a follow-up mechanism for visits to countries. In Colombia, the situation had not improved since Ms. Jilani’s last visit. High-level officials continued to stigmatise human rights defenders, and the actions of the Government were also hostile. More than money to protect from bullets, human rights defenders needed the Government to fulfil its commitments to protect them and to investigate and punish those who committed violence against them.

Concluding Statements by Special Procedures on Right to Health, Right to Food and Human Rights Defenders

PAUL HUNT, Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, said that he would be happy to continue this dialogue in the different capitals. In response to questions, he said that many countries had not yet instituted a national plan to provide essential drugs. Access to essential medicines was a topic he had dealt with in an upcoming report. The provision of essential medicines was the primary responsibility of States, but it was also important to look at the role of pharmaceutical companies. On benchmarks and indicators, the detailed methodology he had laid out in his report could be used by States to apply them to selected health-related topics to help identify effective policies. The main role of benchmarks and indicators was to help identify those policies that worked best to operationalize the highest attainable health status. With reference on why the report on Uganda was not on Uganda itself, he said that neglected diseases affected many countries. Over one billion people, mainly in low-income countries, were the victims of neglected diseases; therefore, some of references made in the Uganda report also applied to other countries. The report on Uganda showed how to move from rhetoric to the practical application of the right to health to all, including the poor and disadvantaged.

JEAN ZIEGLER, Special Rapporteur on the right to food, responding to comments and questions raised by speakers, said that the climate change of the planet had seriously affected the water situation in many regions, with some lakes drying out. In some countries some projects had been realized to provide water to families. Last year, 52 per cent of the world’s GDP had been held by international transnationals. With regard to Sudan, there was a misunderstanding concerning Darfur, concerning the information he obtained from the Special Representative of the Secretary-General to that country. He had in no means intended to accuse the Khartoum Government. It was not yet determined who had killed those who had been carrying food to the victims of the conflict because of the presence of a number of armed groups.

How globalization affected the right to food was not yet known. But one thing was true, the forces of production had been doubled due to monopolization and concentration of powers in the hands of the few. But food shortage continued to affect people and to kill thousands of them every day. Hunger zero of Brazilian President had been a laudable effort and the outcome was exemplary. In East Africa, which included Ethiopia, Kenya and Somalia, 15 million people had been affected by hunger. Despite the important effort deployed, the hunger was still persisting.

Hina Jilani, Special Representative of the Secretary-General on the situation of human rights defenders, said with regards to the questions in response to her country visits, she thanked the Governments of Brazil, Israel and Nigeria for acknowledging that her reports were balanced and objective. Brazil had asked a question on the uneven and lack of uniformity with the compliance with international standards between the Federal, States, and municipal levels. National Governments were always responsible for the implementation of their international commitments, and this should be reflected at every level of Government, and they should undertake strong political initiatives with their dialogue with provinces to ensure that compliance with international human rights standards in the country was observed properly, and to make adequate resources available in this regard. Nigeria had raised the issue of the number of cases of extra-judicial killings in the country, and she referred the country to paragraph 88 of the report.

The Palestinian Authority was thanked for its cooperation during her visit, and the courtesy extended during it. The objection raised and the weakness in the authority they enjoyed had been mentioned in the report, nevertheless, she also said that as the representative of the Palestinian People, the Palestinian Authority had the responsibility to promote the rights of its people. On general questions, Ms. Jilani said these were a valuable framework to keep in mind in her discussions with Governments on issues of common concern. On the reaction of the international community to the issue of reprisals, she had recommended time and again that this was a serious issue and the international community had a responsibility to give a very clear message that such action on the part of a Government or by failure of a Government to deal with perpetrators was unacceptable, and she had recommended they be recorded, and that there be a call for an end to impunity, but this would not happen unless the international community followed this issue up persistently.

On the national protection strategies and how these would fulfil the needs of human rights defenders, many national strategies should contain definitions as to what was a human rights activity, and this would be a protection for human rights defenders. It was unfortunate that a question had been raised with regards to an action that had been withdrawn, but she would raise more awareness with regards to her mandate. It was part of her function and responsibility to examine and respond to the situation of the human rights of anyone who was working, alone or with others, to protect human rights and fundamental freedoms, and to conduct a dialogue with Governments and other interested actors on the promotion and implementation of these rights. Her actions were not erratic, and this was an unjustified allegation.


Right of Reply

IDRISS JAZAÏRY, (Algeria), exercising the right of reply on behalf of the African Group, appealed to good faith with reference to the letter Ms. Jilani had sent to some Member States during the last meeting of ECOSOC. Algeria asked why should governments be expected to accept criticism from Special Rapporteurs positively as a help to improve their governance while their criticism to Special Rapporteurs should be taken as attacks. Algeria said that the substance of communication to which they took exception was the fact of calling a Cabinet Minister to account for a sovereign decision of his Government to a vote cast in a particular way at ECOSOC.

CLEMENCIA FORERO UCROS (Colombia), in a right of reply, said that Colombia could not allow it to be said, as it had been today, that detention was used in Colombia as a means of harassment of human rights defenders. She made it clear that persons brought before the court in her country benefited from all the guarantees of due process. Regarding the difficulties encountered by the Colombian Vice-President with Swiss organizations, following a meeting between the Swiss and Colombian Governments both sides had declared themselves satisfied with the explanations and clarifications furnished. In Colombia there existed a constant exchange with non-governmental organizations. The most recent meeting, which had been held last Tuesday, had lasted six hours and had included participants from 24 countries and numerous organizations, including the one that had just spoken before the Council. Colombia understood the work undertaken by the non-governmental organizations, but wished to direct them to focus their aide on constructing and developing effective policies and on the adoption of measures that would contribute to bettering the situation of human rights in Colombia. Her country also hoped that the new system for the protection of human rights that was being elaborated within the framework of the United Nations would also contribute to bettering that situation.

LA YIFAN, (China), exercising the right of reply, fully shared the view of the delegation of Algeria concerning Ms. Jilani and the letters circulated during the last meeting of ECOSOC. According to Ms. Jilani’s interpretation of her mandate and of the incident, she acted correctly during the last session of ECOSOC, and the fact was that she had apologized to all the governments involved. According to her, what she did was in accordance to her mandate. Nevertheless, most delegations that received this letter thought that it was too much in the sense that she tried to influence sovereign governments, and she actually wanted those governments that had voted negatively to explain those decisions. China believed she had already apologized in a letter and the question had been dealt with in a proper manner.

JONNY SINAGA (Indonesia), in a right of reply, referred to the report of the Special Representative of the Secretary-General on the situation of human rights defenders, and said that the allegations mentioned with regard to three individuals had been clarified by the Government in a letter dated 6 June 2005, which was addressed to her. The individuals cited in the report were at present pursuing their activities as human rights activists. Indonesia was always ready to cooperate with the Special Representative and to continue dialogue in a transparent manner.

Report on Sale of Children, Child Prostitution and Child Pornography

The Council has before it a report (E/CN.4/2006/48) entitled report of the Special Rapporteur on the sale of children, child prostitution and child pornography, by Juan Miguel Petit, which deals with the demand factor in the commercial sexual exploitation of children. Noting that little attention has been given so far to the demand factor in the commercial sexual exploitation of children, and convinced of the importance of studying and understanding its dynamics in order to develop proper and efficient legal and political policies, the Special Rapporteur has decided to devote his annual report to this issue.

The report is based on information received from Governments, international organizations, non-governmental organizations and individuals in response to a questionnaire sent jointly with the Special Rapporteur on trafficking in persons, especially women and children. It reflects the responses received from 28 countries, from several intergovernmental organizations and from various non-governmental organizations and individuals.

This report does not pretend to give a comprehensive analysis of the different forms demand can take, but rather highlights the divergent understandings of what may constitute demand, gives an overview of the main factors which tend to create or increase demand for commercial sexual exploitation, and outlines experiences conducted both by the State and civil society to reduce demand.

Presentation of Report on Sale of Children, Child Prostitution and Child Pornography

JUAN MIGUEL PETIT, Special Rapporteur on the sale of children, child prostitution and child pornography, said the first level of the conceptual framework in which he positioned his work on children’s rights was the human rights of every human being, which could only be protected in a democratic system: democracy was not the solution, but it was the only model in which solutions to problems could be discussed. In addition to this, there was recognition of children’s rights and the different tools, from legal instruments up to social policies to ensure protection and assistance. Finally, there were the different topics in which these rights had to be implemented: therefore, the combat against sale of children, child prostitution and child pornography needed democratic and transparent institutions on one hand, and effective and creative social policies and protection networks on the other. Both aspects complemented and enriched mutually. There were no children’s rights without democracy, and democracy without protection to its most vulnerable members made no sense.

Mr. Petit had carried out two field missions, to Albania and to Greece. The aim of these missions was to acquire a better understanding of the transnational elements of the phenomena of child trafficking and migration flows of unaccompanied children. He was pleased that more than 10 countries had recently ratified the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography in 2005. There had also been some initiatives taken over the year to fight child sex tourism. During 2005, he had transmitted 34 communications to the Governments of 25 countries concerning individual cases and general situations, and by the end of 2005, only four responses to these had been received.

Noting that little attention had been given so far to the demand factor in the commercial sexual exploitation of children, and convinced of the importance of studying and understanding its dynamics in order to develop proper and efficient legal and political policies, Mr. Petit had decided to devote his annual report to this issue. The report was aimed at highlighting the divergent understandings of what could constitute demand, giving an overview of the main factors, which tended to create or increase demand for commercial sexual exploitation, and outlining experiences conducted both by the State and civil society to reduce demand. The only way of preventing trafficking and exploitation was ensuring total transparency to the so-called “sex market”, clear rules to avoid mafias, and all kinds of exploitation, and to ensure creative reintegrative programmes for the victims and all the sex workers that wished to abandon the activity. The main struggle that had to be overcome was a cultural one: only when in the minds and hearts of every person the idea of respect and care of other human beings predominated, would all sleep peacefully knowing that the nightmares of violations of children’s rights was a thing of the past.

For use of the information media; not an official record

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