HUMAN RIGHTS COUNCIL HOLDS INTERACTIVE DIALOGUE WITH INDEPENDENT EXPERT IN FIELD OF CULTURAL RIGHTS AND SPECIAL RAPPORTEUR ON RIGHTS OF MIGRANTS

The Human Rights Council this morning held an interactive dialogue with the Independent Expert in the field of cultural rights and the Special Rapporteur on the human rights of migrant workers.

At the beginning of the meeting, the President of the Council, Ambassador Alex Van Meeuwen, said that in response to the letter by the Arab Group and the Organization of the Islamic Conference, the Council would convene an urgent debate this afternoon at 3 p.m. on the raid on the Flotilla by Israeli Defense Forces.

Farida Shaheed, Independent Expert in the field of cultural rights, in concluding remarks, said the diversity of opinions and concerns that had been raised in the interactive dialogue were an indication of how rich and complex the area of cultural rights was, adding that she had taken note of the various issues and would bear these in mind when planning her future work. With respect to cultural practices and cultural diversity, the Independent Expert said that no culture was static, they had to start from this premise, and that there were numerous sub-cultures in every society so all cultures were dynamic and constantly evolving through internal processes in response to changing environments and through engaging with other cultures and forces. Ms. Shaheed said it was essential to distinguish between those aspects of culture that were essential to determining a sense of self, and constants which were not essential and were continued out of a force of habit. Most or all harmful customs fell into the second category of learnt habits.

Jorge A. Bustamante, Special Rapporteur on the human rights of migrants, in concluding remarks, thanked all delegates who made concrete and positive references to the report. Only one country spoke very critically of some of the points on which there was disagreement. In reference to the homicide of two nationals of Ecuador that had taken place in a country of destination, in which they were killed because they were thought to be Mexican, Mr. Bustamante said that physical appearances were a basis for discrimination, expulsion, arrests or violence. That was why he raised the issue of laws based on physical appearances. Practices like this could lead to racial hatred. Regarding the comments made by Cuba, on the linkages between the global economic crises and migration, Mr. Bustamante said that such a study had already been conducted by the International Organization for Migration and there was no need for a repetition.

In the interactive dialogue on cultural rights, speakers said they considered that the enjoyment of cultural rights was closely linked to media pluralism and others, and encouraged the Independent Expert on cultural rights to investigate these linkages. They also wished to hear more about the possible relationship between cultural diversity and negative cultural practices contrary to human rights. The close linkages between cultural rights and the broader sector of human rights had been reflected in the report. In the increasingly globalised world, cultural rights should take their rightful place amongst the core human rights issues. Cultural diversity could not be invoked to infringe upon or limit the scope of universal human rights guaranteed by international law, although the promotion of diversity for some was sometimes used as a thinly veiled attempt to weaken the universality of individual human rights. The Independent Expert should recognize and address all such attempts at cultural relativism. It was important to support and encourage human development and to preserve cultural diversity and the right to one’s cultural heritage. In this regard, cultural freedom was and must be enforced as an integral human right.

Concerning the human rights of migrants, speakers noted that respect and promotion of adequate rights for migrants to housing and health were important issues. States should be obliged to provide health and adequate housing to all those under their jurisdiction, independent of their nationality, gender or age, and the achievement of these rights was integral to the integration of migrants. Particular attention should be given to women and children. The Special Rapporteur was asked to elaborate on whether best practices were available. He should encourage States to provide free language training for migrants. The principle of non-discrimination was a key issue in the realization of the rights of access to health and adequate housing for migrants. There should be universal adherence to the Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families by countries who professed commitment to basic human rights. Migrants often encountered discrimination, especially since the onset of the global financial crises. Their basic human rights had not been guaranteed and that had raised a number of issues concerning their social protection. Governments must take effective measures to increase the respect of their human rights.

Speaking in the interactive dialogue on cultural rights and the human rights of migrants were Spain on behalf of the European Union, African Union, Senegal, Indonesia, Armenia, Malaysia, Algeria, Pakistan on behalf of the Organization of the Islamic Conference, Guatemala, South Africa, Venezuela, China, Canada, Cuba, Mexico, Brazil, Angola, Nicaragua, Russian Federation, Peru, Greece, Nigeria on behalf of the African Group, Bosnia and Herzegovina, Bangladesh, Ghana, Japan, Chile, Switzerland, Nepal, Ecuador, Argentina, Iran, Bolivia, Australia, United Arab Emirates, Morocco, Egypt, United States, Azerbaijan and the Philippines.

The following national human rights commissions and non-governmental organizations also took the floor: New Zealand Human Rights Commission, Scottish Human Rights Commission, Commission on Human Rights of the Philippines, Planetary Association for Clean Energy, Inc, Human Rights Advocates, International Movement ATD Fourth World, North-South XX1, Indian Council of South America and Human Rights Watch.

The two Special Procedures presented their reports to the Council on 31 May, and their statements, as well as the statements of Romania and the United Kingdom which spoke as concerned countries, can be found in press release HRC/10/54.

The Council today is holding a full day of meetings from 9 a.m. to 6 p.m. During its midday meeting, the Council will hold an interactive dialogue with the Special Representative of the Secretary-General on human rights and transnational corporations and other business enterprises, the Independent Expert on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of human rights, and the Special Rapporteur on the right to education.

Interactive Dialogue with Independent Expert in the Field of Cultural Rights and the Special Rapporteur on the Human Rights of Migrants

NICOLE RECKINGER (European Union) said many individuals experienced identity in multi-sectoral ways. The European Union considered that the enjoyment of cultural rights was closely linked to media pluralism and others, and encouraged the Independent Expert on cultural rights to investigate these linkages. The European Union agreed that cultural diversity should not be equated with cultural relativism, although this often took place, in particular with regard to discrimination against women. The European Union wished to hear more about the possible relationship between cultural diversity and negative cultural practices contrary to human rights. The European Union thanked the Special Rapporteur on migrants for his report, and noted that respect and promotion of adequate rights for migrants to housing and health were important issues, and the European Union asked what approach should be taken with regard to disaggregated data collection; and what were the specific challenges with regard to insurance-based healthcare systems.

KHADIJA RACHIDA MASRI (African Union) said that the African Union shared the opinion of the Special Rapporteur that States should be obliged to provide health and adequate housing to all those under their jurisdiction, independent of their nationality, gender or age. The achievement of these rights was integral to the integration of migrants. Particular attention should be given to women and children. In a show of international cooperation on this particular issue, the seventh axis of the joint European Union-Africa summit dealt with migration, mobility and employment. In conclusion, the African Union believed that there needed to be a general political will to put an end to the human rights violations of migrants. Sustainable development would no doubt be the cornerstone to treating the real causes of migration.

ABDUL WAHAB HAIDARA (Senegal) said that Special Rapporteur on the human rights of migrants dealt in his report with issues of urgent priority of migrants whose vulnerability had been increasing, particularly in the context of global crises. Some migrants had been condemned to live under difficult conditions and had no choice but to accept bad jobs and be at the mercy of their employers. Senegal welcomed the pertinence of the recommendations made by the Special Rapporteur in his report and congratulated him on the positive manner in which he conducted his mission. Comments on the mission in Senegal would be soon communicated. Senegal thanked the Independent Expert in the field of cultural rights for her presentation and for sharing with the Council the priority issues she intended to pursue in her mandate.

DIAN TRIANSYAH DJANI (Indonesia) said the research and accommodation by the Independent Expert in the field of cultural rights had provided a basis for a full discussion. The close linkages between cultural rights and the broader sector of human rights had been reflected in the report. In the increasingly globalised world, cultural rights should take their rightful place amongst the core human rights issues. The protection and promotion of cultural identity was an important part of Indonesia's educational system, and the country recognized the importance of protecting and promoting the human rights of all throughout the world. Globalisation could have a detrimental effect on cultural diversity. More should be done to address this within the framework of human rights. With regard to the report of the Special Rapporteur on migrants, the two key themes chosen for the investigation were increasingly relevant in the increasingly globalised world. Indonesia wished to ask the Special Rapporteur whether best practices were available, and encouraged States to provide free language training for migrants. States should fulfil the minimum core obligation to provide minimum standards of health and housing for all.

GAGIK HOVHANNISYAN (Armenia) said that the report demonstrated the complexity of defining cultural rights within the body of human rights. Armenia attached great importance to both upholding and developing cultural rights, particularly in terms of cultural heritage. Each culture or cultural identity had a dignity and value that must be respected and preserved. Cultural diversity and protection of cultural rights were especially significant for nations that had heritage beyond their national borders. The mandate of the independent expert should play a pivotal role internationally in the protection of cultural rights. In this respect, Armenia would continue to cooperate closely with other United Nations agencies, particularly UNESCO.

SITI HAJJAR ADNIN (Malaysia) thanked the Independent Expert in the field of cultural rights and noted that her report was the first one produced since the establishment of the mandate. Malaysia concurred with the Independent Expert that compared to other rights, cultural rights suffered from a lack of attention. Malaysia was encouraged that the Independent Expert had mapped out a broad and yet inclusive approach which was candid in outlining the challenges that lay ahead. Malaysia thanked the Special Rapporteur on the human rights of migrants and said that as a developing country that was also a destination for migrants, Malaysia continued to undertake appropriate measures to ensure that human rights of migrants were protected. Malaysia emphasized the need to strengthen cooperation between countries of origin, transit and destination to ensure the realization of human rights of migrants in all stages of migratory process.

IDRISS JAZAIRY (Algeria) said the establishment of the mandate of the Independent Expert in the field of cultural rights filled a gap in one area of human rights that had received insufficient attention from the international community. The preliminary views the Expert had developed on the conceptual and legal framework of the mandate were promising. Identifying the content of cultural rights and their scope was not an easy task. Algeria reiterated the importance of the requisite interaction that should always prevail between the universality of human rights, State responsibility in the recognition and implementation of cultural rights, and the need to respect cultural diversity. The report of the Special Rapporteur on the human rights of migrants focused this year on the enjoyment of the rights to health and adequate housing for migrants. The principle of non-discrimination was a key issue in the realization of the right of access to health and adequate housing. There should be universal adherence to the Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families by countries who professed commitment to basic human rights.

SAEED SARWAR (Pakistan), speaking on behalf of the Organization of the Islamic Conference, said that the Organization of the Islamic Conference attached great importance to cultural rights, which so far remained underdeveloped in comparison to other human rights. The Organization of the Islamic Conference believed that General Comment 21 entitled “right of everyone to take part in cultural life”, adopted by the Committee on Economic, Social and Cultural Rights in 2009, could be a useful guide for the Independent Expert in her mandate. The Organization of the Islamic Conference also appreciated the presentation of Mr. Bustamante on the vulnerabilities of migrants in realizing their basic rights to health and adequate housing. It was clear that migrants suffered a higher incidence of stress, anxiety and depression. The lack of adequate housing may also trigger many additional health problems for migrants. With regards to reports that certain ethnic or religious groups had been excluded from private rental housing markets, the Organization of the Islamic Conference believed that governments need to address these issues head on with more human rights education, awareness raising and taking stern actions against any individuals who promoted incitement to hatred, discrimination and violence.

CARLOS RAMIRO MARTINEZ ALVARADO (Guatemala) thanked the Special Rapporteur on the human rights of migrants for his report and its thematic approach to access to health and adequate housing. The full enjoyment of those rights irrespective of nationality and migratory status was the basis of proper human development. A person constantly affected by hard work and living in inadequate housing conditions would see his health deteriorate. While Guatemala respected the sovereign rights of States to decide on rules that governed their communities, Guatemala believed that those must respect fundamental human rights and international norms. There already existed a range of international instruments that dealt with basic rights such as access to health and adequate housing. Guatemala stressed the many difficulties affecting migrant women and children throughout all stages of the migratory process and especially in countries in destination where, afraid of their illegal status, they had no access to protection or health care.

WAMBEKE KEABETSWE MENE (South Africa) said South Africa looked forward to welcoming the Special Rapporteur on the rights of migrants to the country this year, believing that his visit would provide constructive recommendations on enhancing the human rights-based approach of the protection of migrants in South Africa. In the report, the Special Rapporteur underscored the importance of the rights to health and adequate housing of migrants. The progressive realization of these socio-economic rights within existing resources was provided for in the Constitution. It remained the responsibility of the international community and the United Nations to address the root causes of irregular migration which forced people to flee from hunger, poverty and conflict. The Government of South Africa remained committed to address the root causes of the regrettable xenophobic attacks in 2008 and 2008, and had embarked on an intensive campaign to denounce xenophobia. South Africa extended its appreciation to the United Nations international agencies and other partners for their efforts in collaborating with South Africa to enhance the protection of the human rights of migrants in South Africa.

EDGARDO TORO CARRENO (Venezuela) reiterated Venezuela’s support for the Independent Expert on cultural rights. Venezuela pointed out that it was one of the sponsors of the 1023 resolution on cultural rights. It was important to support and encourage human development and to preserve cultural diversity and the right to one’s cultural heritage. In this regard, cultural freedom was and must be enforced as an integral human right. Following in the work of the Independent Expert, there was a need to promote cultural diversity and to guarantee full respect for this right, particularly in educational institutions. Venezuela highlighted its regional efforts in this regard, as it worked in collaboration with other Latin American nations to promote and preserve cultural rights.

LIU KENFEI (China) welcomed the report of the Independent Expert in the field of cultural rights and the exploration of the relationship between cultural rights and cultural diversity. Cultural diversity was a common aspect of human societies and was their foundation. China provided special funds to promote the cultural heritage of cultural minorities and the protection of the cultural rights and heritage of the disadvantaged, such as rural populations or the poor. China noted the relationship of the right to health and to housing in the report of the Special Rapporteur on the human rights of migrants. Migrants often encountered discrimination, especially since the onset of the global financial crises. Their basic human rights had not been guaranteed and that had raised a number of issues concerning their social protection. Governments must take effective measures to increase the respect of their human rights and China stood ready to cooperate with other States in this respect.

JEFFREY HEATON (Canada) said the Government of Canada supported the protection and promotion of cultural rights, cultural diversity, and the diversity of cultural expression, and strongly defended the position that cultural diversity and the universal protection and promotion of human rights were mutually supportive. Cultural diversity could not be invoked to infringe upon or limit the scope of universal human rights guaranteed by international law, although the promotion of diversity for some was sometimes used as a thinly veiled attempt to weaken the universality of individual human rights. The Independent Expert should recognize and address all such attempts at cultural relativism. The international human rights framework focused on the rights of individuals. Therefore, the Independent Expert should focus on the ability of individuals to express their rights individually or in community with others. It was important to strike the necessary balance between collective and individual rights to ensure that the human rights of the individual were not undermined by any deemed rights of the collective to which the individual belonged. In questions, Canada asked how the Independent Expert planned to address cultural rights for individuals in whom gender and disability rights intersected; and how did she plan to encourage cooperation between herself and the Special Procedures, treaty bodies and inter-Governmental organizations.

RESFEL PINO ALVAREZ (Cuba) said it was worth remembering how long and difficult it was to achieve an Independent Expert on cultural rights. Cuba pointed out that cultural rights were either individual or collective and they appreciated the efforts of the Independent Expert to study the relationship between the two. Cultural diversity enriched and strengthened societies and must be promoted. Cuba believed that a strategy was required to deal with hegemonic States that were trying to destroy cultures from around the world. While globalization had positive effects, it also posed a threat to the survival of cultural identities and undermined respect for cultural rights. This was identified by the Independent Expert and Cuba hoped that she would take it further in her next report. With regards to the report on the rights of migrants, Cuba called for urgent and effective measures to deal with the problems of adequate housing and health and the discrimination that was deeply rooted in both European and North American societies. Cuba also spoke out against the new immigration law in Arizona, which has shocked the world and called for the Special Rapporteur on the rights of migrants to address this law in his next report.

ARTURO HERNANDEZ BASAVE (Mexico) thanked the Special Rapporteur on the human rights of migrants for his report in which he identified the principal obstacles for the enjoyment of human rights of migrants, with particular attention to the situation of women, children and migrant children. The Government of Mexico implemented many different activities with the aim of improving the situation of human rights of migrants, such as renewal of the struggle to stop human trafficking, policies for minors separated from their families, and strengthening regional cooperation. There was currently a preliminary draft law on migration that was under the discussion, the aim of which was to regulate the respect and protection of human rights, including the human rights of migrants. Mexico was extremely concerned about some States adopting the legislation that criminalized persons without adequate documents. It made fundamental human rights conditional on migratory status of individuals. Mexico wanted to hear more about the criminalization of migratory status. Mexico welcomed and thanked the Independent Expert in the field of cultural rights and invited her to conclude as soon as possible the legal framework for her mandate and to continue along the path she had already adopted. Mexico was always enthusiastic supporter of this mandate.

ALEXANDRE GUIDO LOPES PAROLA (Brazil) said it was important to share best practices on the rights of migrants, as this encouraged Member States to action and demonstrated how to develop policies on migration, focused on human beings. The report of the Special Rapporteur touched upon two fundamental human rights that were often denied for migrants, namely, the right to health and to adequate housing. In Brazil, the right to housing was realised by the Unified Health System, which rested on the principles of universality, equality, and integration. Therefore, healthcare was guaranteed to all, regardless of migratory status. Brazil attached high importance to the recommendations contained in the report, and agreed that, in the long term, regularisation of irregular migrants was an important measure to better protect their rights, including to adequate housing. Other economic and social human rights were equally important for local integration and protection, regardless of the country of destination. The respect of labour rights and of the right to education were two examples. The Special Rapporteur should further analyze and foster a discussion on the issue of migration not only from a point of view of monitoring and enforcing, but also from the perspective of its root causes. The Council had a responsibility to discuss migration from that point of view also.

JOSE MARIA CAPON DUARTE E SILVA (Angola) said that Angola scrupulously respected the principles of human rights, in addition to its sovereign right to defend its strategic interests with its neighbours. Efforts were being made to strengthen relations with neighbouring countries. However, in the defence of its territorial integrity, Angola was forced to take certain measures to remove illegal immigrants from within its country, especially those who were involved in the international trafficking of illegal diamonds. In this regard, the illegal entry of foreign citizens into Angola was the direct result of organized crime, which the Government was fighting against in cooperation with its neighbouring countries. The Government of Angola reiterated its unwavering support for the rights of migrants and condemned all persons involved in criminal activities that violated the rights of migrants, particularly during the process of repatriation.

NESTOR CRUZ TORUNO (Nicaragua) thanked the Independent Expert in the field of cultural rights and the Special Rapporteur on the human rights of migrants for their reports and welcomed the opportunity for the Council to discuss a subject as important as cultural rights. Those rights were fundamental for the recognition and respect of human dignity. Cultural diversity was one of the principal characteristics of the world and humanity today and the recognition of cultural rights must be an integral part of understanding other rights. Solving problems such as poverty required a holistic vision of all human rights, including cultural rights. The importance of working on the conservation of diversity meant the international community needed to adopt new approaches to addressing intolerance and Nicaragua encouraged the Independent Expert to further work on the priorities. Nicaragua was still profoundly concerned about policies and laws adopted in some countries of destination that violated the human rights of migrants. Many migrants were denied access to health and adequate housing in countries of destination rights simply because they had no documents and were illegal. Many countries of destination benefited from cheap migrant labour. Nicaragua called on more countries to ratify the Convention on the Rights of All Migrant Workers and Members of Their Families and encouraged countries of destination to abstain from creating laws that criminalized foreigners who lived in irregular migratory situations.

ALEXEY GOLTYAEV (Russian Federation) said in her report, the Independent Expert on cultural rights had addressed a number of important problems. Ensuring cultural rights and cultural diversity were essential for the harmonious development of the human person and full respect for human dignity, which latter concept was based primarily in the cultural sphere. The topics on which the Independent Expert intended to concentrate her future work were important, and she should investigate the historical basis of human rights, and the importance of moral, traditional and religious values in the emergence of human rights. Russia supported the Independent Expert's initiative to devote attention to the cultural rights of Stateless persons and non-citizens, and she should pay attention to their right to use their native language.

CARLOS SIBILLE (Peru) said that Peru wanted to highlight one of the recommendations of the Special Rapporteur on migrants. Peru agreed that there should be more efforts made by governments to adopt domestic laws on the protection of adequate housing and health for migrants. Access to governmental services and goods were crucial and needed to be promoted. Peru appreciated the good practices that were highlighted by the Special Rapporteur, such as the inscription of migrants on local government registers. Peru mentioned that it would like to ask for more information on other good practices in order to give direction and guidance to other countries. In terms of cultural rights and the report of the Independent Expert, Peru pointed out that not all cultural practices were in line with international human rights. Each individual should have the right to reject any cultural practices that did not promote and protect fundamental human rights. Peru looked forward to the follow up report from the Independent Expert on cultural rights.

EVGENIA BENIATOGLOU (Greece) said Greece appreciated the fact that the Special Rapporteur on the human rights of migrants had focused his reports on two very important issues. Greece was a host country which in 2009 had received 70 per cent of all irregular migrants who had entered into the European Union. Greece thus fully supported the need to ensure the realization of all the human rights of migrants. Greece noted that all minors in the country had access to health care regardless of their having or not appropriate documents. The access to education was a fundamental right within its immigration framework for minors who lived in Greece. Moreover, Greece recently adopted a new law which gave the right to more than 250,000 migrants to acquire in the near future Greek citizenship.

OSITADINMA ANAEDU (Nigeria), speaking on behalf of the African Group, said the African Group had always championed the advancement of cultural rights and this explained its strong support for the establishment of the mandate of the Independent Expert in the field of cultural rights, as it was convinced that universal human rights did not impose one cultural standard, but rather one legal standard of minimum protection necessary for human dignity. The African Group supported the approach of the Independent Expert who was concentrating her efforts on developing preliminary views on the conceptual and legal framework of their mandate. It was essential for all to recognize the truth that there were numerous explicit and implicit references to cultural rights in several international human rights instruments in order for cultural rights to take their place properly in international human rights discourse. On the report of the Special Rapporteur on migrants, the African Group appreciated that it not only recalled the universality and indivisibility of human rights, but also stressed the need for States to take immediate and concrete steps to ensure the realization of human rights for migrants at all stages of the migratory processes in countries of origin, transit, and destination. The enjoyment of the rights to housing and healthcare by all human beings, regardless of their citizenship, nationality and immigration status, was not just an end in itself, but also a vital channel towards equitable human development and social integration of migrants in host societies.

LJUBICA PERIC (Bosnia and Herzegovina) said that Bosnia and Herzegovina welcomed the fact that the Independent Expert in the field of cultural rights had touched on the issue of cultural rights of non-nationals, in particular migrant workers and members of the families. Bosnia and Herzegovina hoped that this particular issue would be given more attention in the future. The Government remained firmly committed to the progressive realization of cultural rights and therefore had signed numerous multilateral instruments that directly or indirectly treated the issue of cultural rights. At the national level, the Government had adopted numerous measures and undertaken different activities to improve the situation of cultural rights in Bosnia and Herzegovina. There were also future plans to incorporate programmes for teachers and students from different local communities to promote education on the importance of cultural diversity and cultural rights. In conclusion, Bosnia and Herzegovina reaffirmed its support to the Special Procedures mechanism.

NAHIDA SOBHAN (Bangladesh) said that cultural rights were an integral part of human dignity and formed an individual’s identity. Depriving someone from the right of taking part in his or her cultural life was stripping someone of his or her identity. Bangladesh appreciated that the Independent Expert proposed to further explore the individual and collective cultural rights norms and believed in both individual and collective cultural rights that were quite established in the human rights regime. Bangladesh suggested that in her future work, the Independent Expert could work on the early warning signs that were indicative of racial discrimination. Bangladesh commended the work of the Special Rapporteur on the human rights of migrants and agreed to most of the recommendations made in the report. It should be kept in mind that migrants played an active role in the social and economic development of host countries. Their contribution increased when their fundamental rights were fulfilled. Bangladesh shared the concern of the report that the global economic crises increased discrimination and xenophobia and had negatively impacted on the human rights of migrants. The host governments should take necessary measures to prevent such xenophobic or racist tendencies. The mental health of victims of abuse or forced repatriation was another area to look into more carefully and steps to prevent such actions, including on the part of host governments, might be recommended.

MERCY YVONNE AMOAH (Ghana) said human rights were universal and indivisible, as stated by the Special Rapporteur on migrants, and States should take concrete steps to ensure the realization of human rights for migrants at all stages of the migratory process in countries of origin, transit, and destination. The Special Rapporteur stated in his report that, increasingly, States had enacted restrictive measures which adversely affected the enjoyment of the rights to health and adequate housing, arguably as a means of deterring irregular migrants and promoting "voluntary" returns to countries of origin. Also, according to the report, many host countries justified restricting migrants' access to healthcare on the grounds of protecting their welfare systems from abusive claims and, increasingly, as a means for deterring migration. There was particular concern about the administrative detention of migrant children, and Ghana reiterated that this detention should be a last resort. States should also provide adequate, appropriate and specialised medical assistance to migrant women and girls, as recommended by the Special Rapporteur.

AKIRA MATSUMOTO (Japan) said that Japan agreed with Dr Bustamante’s position that the rights to health and adequate housing played a crucial role in the integration of migrants in host countries. Japan supported the recommendation on the right to health, in particular in the context of the risks to which migrant women and girls were exposed. Japan believed that it was essential that both sending and receiving countries shared related information with each other in order to realize the rights to health and adequate housing of migrants. In this context, Japan requested further information from the Special Rapporteur on how to promote such cooperation. Japan had implemented measures for the empowerment of migrants as set forth by the United Nations Trust Fund for Human Security. Finally, Japan welcomed the visit of the Special Rapporteur in March and looked forward to his report on his mission to Japan as well as interactive dialogues with him in the future.

PEDRO OYARCE (Chile) thanked the Independent Expert in the field of cultural rights and said that Chile shared both legal and conceptual analysis she provided in her report. One could not confuse identity with relativism and this fact had been acknowledged in the report. Chile suggested that the Independent Expert could address her future efforts to better understanding to link between culture and human rights. Chile thanked the Special Rapporteur on the human rights of migrants for his report and asked for his opinion on the specific vulnerable groups among migrants. Criminalization of migrants was very worrying issue and it was vital that the human rights of migrants were protected at all times. Chile wanted to hear more from the Special Rapporteur on the concept of criminalization of migration versus human rights. Chile welcomed the efforts of the Special Rapporteur related to international legislation on the human rights of migrants.

NATALIE KOHLI (Switzerland) said Switzerland welcomed the first report of the Independent Expert on cultural rights, and its intent to clarify some of the concepts and linkages which were subject to debate in the context of cultural affairs and by extension cultural rights. There were various initiatives by experts and civil society aiming to define lists of cultural rights or normative elements to these rights - what impact would these have on the work of the Independent Expert, the speaker asked, in particular with regard to her examination of the general obligation of States to respect, protect and realise cultural rights for all. Switzerland regretted that there was a sad tendency to view cultural diversity as a reason to justify the non-application of certain human rights standards, and welcomed the Independent Expert's intention to focus in particular on the implementation of the principle of non-discrimination, and the possible means of removing practices perpetrated in the name of culture that could have a negative impact on the enjoyment of human rights.

HARI PRASAD ODARI (Nepal) said that Nepal took positive note of the need to recognize, implement and respect cultural rights. Nepal also shared the concern over the cultural rights of non-nationals, in particular migrant workers and members of their family. Nepal was a confluence of diversity with 59 ethnic groups and languages and half a dozen religious groups. The Interim Constitution declared Nepal as a multi-ethnic, multi-lingual, multi-religious and multi-cultural State. The country of origin benefitted from the earning and learning of migrants abroad. In some countries, remittances from abroad contributed up to one third of total GDP. Nepal unequivocally supported the Special Rapporteur’s call to not condition health care based on an individual’s immigration status. Finally, Nepal shared the concern over the exploitation and physical and sexual violence inflicted on certain female migrants by their employers.

JUAN HOLGUIN (Ecuador) said Ecuador thanked the Special Rapporteur on the human rights of migrants, although his report was irrelevant in the light of the pressing and urgent situation of migrants. Ecuador expressed its concern about the method of work that the Special Rapporteur seemed to impose on others, such as imposing his own point of view on the choice of priority themes to address. This method was weakening the commitment that mandate-holders took on board and was of particular concern given its impact on the human rights of migrants. In chapter VI of the report on good practices, the Special Rapporteur pointed at the legislation of some countries that did not take into account the migratory status of migrant workers and asked if the Special Rapporteur had checked whether those provisions were implemented in practice. Ecuador’s delegation would not make any observations on the recommendations of the report as they believed they were superficial and just repeated what had been said by other mandate-holders, with the only exception of paragraph 87.

HECTOR RAUL PELAEZ (Argentina) said Argentina had a lengthy tradition of immigration, and was therefore firmly committed to the health and well-being of migrants, with tangible steps being taken at the national level. One of the premises of the current migratory policy was that there were fundamental rights for people as people, and there was no place of birth criteria. As a fundamental principle, the law recognized the human right to migrate, as this was essential to the individual, and this was guaranteed on the premise of universality. The Department for Migration was implementing programmes that were extended to the nationals of MERCOSUR and associated States. Regularisation processes had also been adopted, and the Government's primary aim was to move from a restrictive policy to an open, realistic policy of integration. The regular migratory situation of immigrants meant that real integration and effective enjoyment of rights, avoiding marginalisation and exclusion of migrants could be promoted. The Ministry of the Interior was carrying out a range of meetings with representatives of the major migratory flows in the country in order to ensure that these communities were more aware of their rights, and the Government was aware of their needs as migrants.

MOHAMAD REZA GHAEBI (Iran) said that insufficient attention was given to the field of cultural rights, which had led to them sometimes being viewed as rights of a lesser priority. However, cultural rights were an integral part of human rights. Iran presented a resolution entitled “Human Rights and Cultural Diversity”, which was adopted by the United Nations General Assembly in past years. This resolution made a clear connection between the idea of cultural diversity and such fundamental concepts as the right to self-determination, respect for all, tolerance, and international-cultural dialogue. Iran believed that it was important to promote international-cultural dialogue with the aim of arriving at a universal definition for human rights. Respect for cultural diversity was crucial in paving the way to greater understanding among different cultures and civilizations.

MAYSA URENA MENACHO (Bolivia) said that cultural rights were a reality and an international norm of human rights mentioned in diverse human rights instruments such as the United Nations Declaration of the Rights of Indigenous Peoples. Bolivia recognised cultural rights in its Constitution and believed cultural diversity was a fundamental value of the State. Cultural patrimony of Bolivian people was protected by the law. The Ministry of Culture of Bolivia guaranteed the protection of cultural rights and its activities included the design and implementation of public policies, norms and actions to combat racism and discrimination through valorisation of cultural diversity. In her report the Independent Expert referred to the principle of non-discrimination as a basis of cultural rights and Bolivia welcomed it as it believed that cultural rights were directly related to eradication of all forms of discrimination and racism. Bolivia believed this Council and the work of the Independent Expert must strengthen the dialogue between cultures. Bolivia welcomed the importance the Special Rapporteur on the human rights of migrants attached to the right to health and adequate housing and encouraged him to make the follow up and look into criminalization of migration.

PETER WOOLCOTT (Australia) said Australia welcomed the first report of the Independent Expert on cultural rights, and welcomed the links drawn in the report between cultural rights and cultural diversity. The interaction between the protection of the diversity of cultural expression and the free market was an issue that was relevant to Australia, which asked the Independent Expert how States could achieve a balance in this respect. Australia also noted with interest the report's discussion of the relationship between individual and collective cultural rights and the mutual supportiveness of cultural rights and cultural diversity, and would welcome further comments from the Independent Expert regarding intellectual property rights in the broader cultural rights context. Australia thanked the Special Rapporteur on the human rights of migrants for his informative report, and noted his comments on housing affordability and accessibility, asking the Special Rapporteur to comment on ways to further provide for the needs of migrants through the private rental market.

SHAIKHA S. JASEM MUBARAK AL ZAABI (United Arab Emirates) thanked the Special Rapporteur on the right of migrants and said he would specifically address the case of a migrant worker in the United Arab Emirates, Fatima Al Zahraa, which was mentioned by the Special Rapporteur in his report. The United Arab Emirates wished to inform the Special Rapporteur that the country was careful to protect the rights of workers with contracts according to the laws of the country. It was a top priority that all foreign contractual workers were given the same treatment as domestic workers, as enshrined in national law. To this end, the United Arab Emirates renewed its commitment to migrant rights and was happy to cooperate fully with the Special Rapporteur in this regard.

OMAR HILALE (Morocco) praised the choice of the topics in the report presented by the Special Rapporteur on the human rights of migrants. It was an important and sensitive aspect and Morocco shared the view of the Special Rapporteur with regards to the responsibility of States in ensuring the respect of human rights in all stages of migration. Moroccan law punished discrimination based on legally defined elements, such as health status, disability or on the basis of ethnicity, nationality, race or religion. Morocco appreciated the consultative approach of the Independent Expert in the field of cultural rights and said that it gave particular attention to the protection of cultural rights in the framework of the global strategy for human rights, democratisation and consolidation of the rule of law. The creation of the Royal Institute of the Amazighe Culture and the adoption of Tifinagh as the official alphabet of the Amazighe language and its integration in the school programmes were the achievements that demonstrated the cultural diversity of Morocco. The Kingdom of Morocco confirmed its commitment to the promotion of economic, social and cultural rights through a launch of a regionalisation project that took into account cultural specifics of each region.

HEBA MOSTAFA RIZK (Egypt) said that in the report of the Independent Expert on cultural rights, she had identified various areas of concern that required due attention, and Egypt agreed with the approach taken in dealing with cultural rights as both collective and individual rights, welcoming the focus on the right to education as one of the vehicles for the protection and promotion of cultural rights, and the identification of the two-way relation between cultural rights and poverty. The Independent Expert also touched upon the interlinkage between cultural rights and the right to development, and Egypt wished to learn more on the elements the Independent Expert saw as common between them and how they could reinforce each other. One area that should not be neglected by the Independent Expert in fulfilling her mandate was the violation of cultural rights in situations of conflict; another area of particular concern was the existing imbalance in access to and use of new and evolving technologies, and how it impacted on access to knowledge as well as hampered the dissemination of cultural expressions. On the report of the Special Rapporteur on migrants, the issue of non-discrimination figured highly as one of the factors leading to the infringement of the rights to health and adequate housing - it was important to highlight the need to ensure that measures aimed at addressing the violation of the rights of migrants would be effective on the ground.

JOHN C. MARIZ (United States) said that the United States was strongly committed to the protection of human rights of all persons, including those of migrants. That being said, the United States recognized the sovereign right of all States to control admission to their territory and to regulate the admission and expulsion of foreign nationals. With respect to the report on cultural rights, the United States pointed out that it was a multicultural environment, which protected cultural rights as a fundamental part of the nation’s identity. The United States also welcomed the Independent Expert’s acknowledgement of the positive way in which cultural rights related to scientific advancement and human rights law supported protections for intellectual property. There were, however, some potential concerns related to the Independent Expert’s treatment of cultural rights as collective rights. The United States had made clear that human rights should be attached to individuals rather than groups. Other areas of potential concern included cultural diversity, globalization, media pluralism and information technology. In conclusion, the United States reiterated its position that cultural rights were universal.

HABIB MIKAYILLI (Azerbaijan) said that all human rights must receive equal treatment and there should be no hierarchy between them. As indicated by the Independent Expert in the field of cultural rights, insufficient attention had been paid to the cultural rights, which were viewed as being of lesser priority. Azerbaijan agreed with the Independent Expert that cultural rights were essential for development, peace, the eradication of poverty, social cohesion and mutual respect and understanding between individuals and groups. Azerbaijan wanted to know if the Independent Expert was planning to promote holding of different kind of seminars in order to better define the scope and the content of cultural rights. The impediments to full enjoyment of cultural rights in situations of armed conflict and foreign occupation remained a grave concern and Azerbaijan wanted to hear if the Independent Expert would include this issue into her future reports.

MARIA TERESA C. LEPATAN (Philippines) said many migrants were exposed to increased health risks due to the vulnerabilities and dangers often connected to their jobs and status. The equitable access of all migrants to basic health services remained a challenge in many parts of the world. Improving the health of migrants could contribute to promoting social cohesion in societies, and the fulfilment of the Millennium Development Goals. Thus, Governments needed to implement policies and strategies aimed at improving the healthcare of migrants. International cooperation could play an important role in this respect. Human rights law provided a solid basis for strategies to promote migrants' rights to health and non-discrimination. The Special Rapporteur could further study the need to share good practices among sending and destination countries; the need to advocate for the ban of practices that hampered access to health; the need for multi-sectoral partnerships, inter-agency and inter-country coordination; and the need to train health professionals.

JUDY MCGREGOR, of New Zealand Human Rights Commission, said that the New Zealand Human Rights Commission welcomed the recommendation that States should collect disaggregated data and develop indicators on the right to health and adequate housing of migrants. The New Zealand Human Rights Commission was particularly concerned about the rights of migrants with disabilities. Finally, the New Zealand Human Rights Commission also noted the negative impact of the global economic recession on the provision of social and public housing provide by State governments and local authorities, which was likely to have a disproportionate effect on vulnerable migrant communities.

KATHARINA ROSE, of Scottish Human Rights Commission, in a joint statement, said that the Scottish Human Rights Commission had been established by the Scottish Parliament in 2006 and had become operational in 2008. It had recently become accredited as fully compliant with the Paris Principles. In September 2009 the Northern Ireland Human Rights Commission had published a report No Home from Home which had investigated the availability of services for homeless non-UK nationals in Northern Ireland. The report also considered the extent of support available to asylum seekers in the United Kingdom. The Commission had also engaged extensively with the Government of the United Kingdom and the legislature in relation to the reforms to naturalisation as a British citizen and settlement. The Equality and Human Rights Commission welcomed the report of the Special Rapporteur on the human rights of migrants and continued to promote the human rights of migrants and protect human rights in the context of migration. In May 2009, the Commission had published a report on the current debate on migration in Scotland and its implications for human rights and equality and good relations.

CECILIA R.V. QUISUMBING, of Commission on Human Rights of the Philippines, welcomed the fact that the Special Rapporteur on the human rights of migrants spoke about the cultural rights of migrants. The Commission on Human Rights of the Philippines strongly encouraged all mandate holders to interact with national human rights institutions, as they had a human rights approach and expertise, and no agenda. On the regional level, the four independent national human rights institutions in South-East Asia had a memorandum of understanding to combat certain issues such as trafficking. National human rights institutions looked towards the Special Procedures as having a similar mandate as they did themselves. Mandate holders should issue best practices as well as highlight problem areas so these could be discussed. Neither the Special Rapporteur nor the Independent Expert had called upon Governments to ratify the Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.

VITA DE WAAL, of Planetary Association for Clean Energy, in a joint statement with several NGOs1, said that the world was facing an unprecedented crisis threatening human survival and the ecosystem balance upon which the world all relied on. Since it was opened in 1993, only 83 countries had ratified the Convention of Biological Diversity. Although 2010 was designated as the International Year for Biodiversity, the Louisiana coast oil spill had again highlighted issues related to ecosystems and climate.

KIMBERLY IRISH, of Human Rights Advocates, said that the human rights of migrants were disproportionately being violated by governments of countries where they resided. Migrants should enjoy the long established rights regardless of their country of origin, race or religion. In several detention centres in Australia over 34 per cent of migrants detained there as of March 2010 had been held for over three months, which represented a violation of Australia’s own laws and Australia’s treaty obligations under the International Covenant on Civil and Political Rights. The poor living conditions found in many detention facilities in the United States, along with the lack of medical treatment provided to ill migrants, demonstrated the United States’ failure to uphold its obligations under the Covenant. Human Rights Advocates asked if the Special Rapporteur had a chance to consider the effect that use of private prisons had on the protection of rights of migrants.

MEGUMI FUMBAYASHI, of International Movement ATD Fourth World, said this was the first report by the Independent Expert on cultural rights, and it was an excellent and very balanced summary of the many complex issues surrounding cultural rights, pointing out that they applied to both individuals and groups. Because culture was the means through which people understood and participated in their society, cultural rights were key in the fight against extreme poverty and social exclusion, and in breaking its vicious cycle. All too often, the media, rather than contributing to a better understanding of the reality of people's lives, conveyed negative stereotypes of people living in extreme poverty, and this should be included in the future work of the Independent Expert.

LYDIA EVDOXIADI, of North-South XXI, in a joint statement with Union of Arab Jurists, said that cultural rights aimed to preserve human integrity and dignity by preserving existing cultures. This could not be achieved without the commitment to preserve the historical cultural heritage of humankind. In this context, North-South XX1 was wondering whether the Independent Expert was considering looking at the impact of the United States invasion and occupation of Iraq on the enjoyment of cultural rights by the Iraqi people.

RONALD BARNES, of Indian Council of South America, in a joint statement said that one of the most destructive doctrines that had been used against indigenous people were those created by the 1493 Papal Bulls Decree that were the root causes of law and policy that still existed today under the guise of doctrine of discovery. This doctrine found its roots in the supposition that the European civilization was superior. The cultural aspect of the right to self-determination was so important for all peoples that the term of cultural development was an essential part of common Article 1 of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. The Indian Council of South America recommended that the Special Rapporteur examined the doctrines of superiority which had found their way in existing law and policy.

PHILIPPE DAM, of Human Rights Watch, said an estimated two to three million migrants worked in Thailand, in the most dangerous and lowest paid jobs. The main challenges they faced resulted from the Government's emphasis on presumed nationality security concerns and economic imperatives over respect for human rights. Thailand continued to lack a long-term strategy for integrating migrants into its society or protecting their fundamental rights. The past year had seen migrants continue to face routine exploitation at work by employers, and a lack of effective access to labour rights protection mechanisms, dangerous working conditions, severe restrictions on freedom of movement and organisation, and regular victimisation through systematic targeting for arbitrary arrest and extortion. The Special Rapporteur had yet to receive a response to his request for an official visit to Thailand, and this would be a means to constructively support Thailand in its efforts to adhere to its international obligations to promote migrant rights.

Concluding Remarks

FARIDA SHAHEED, Independent Expert in the Field of Cultural Rights, in concluding remarks, thanked all speakers for their reflections as well as their diverse points of view and the appreciation they had expressed. The diversity of opinions concerns that had been raised were an indication of how rich and complex the area of cultural rights was, Ms. Shaheed said, adding that she had taken note of the various issues and would bear these in mind when planning her future work. With respect to cultural practices and cultural diversity, the Independent Expert said that no culture was static, they had to start from this premise, and that there were numerous sub-cultures in every society so all cultures were dynamic and constantly evolving through internal processes in response to changing environments and through engaging with other cultures and forces. Ms. Shaheed said it was essential to distinguish between those aspects of culture that were essential to determining a sense of self, and constants which were not essential and were continued out of a force of habit.
She had more than 20 years of experiences at the grass-root level which suggested that most or all harmful customs fell into the second category of learnt habits. These habits could be changed surprisingly rapidly when there was a non-confrontational space for debate in the community and when communities used and built on the positive elements of culture, involving especially the youth. The position taken by the State in such cultural negotiations with a view to protect and promote discussion spaces was essential, Ms. Shaheed said, adding that one of the questions in that regard was who spoke for the community. A number of issues that had been raised were part of other mandate holders’ tasks and Ms. Shaheed said she would meet with those mandate holders to avoid duplication. The Independent Expert also said she would appreciate having opportunities for inter-cultural dialogue, but that depended on the availability of resources.

JORGE A. BUSTAMANTE, Special Rapporteur on the Human Rights of Migrants, in his concluding remarks, thanked all delegates who made concrete and positive references to the report. Only one country spoke very critically of some of the points on which there was disagreement. In reference to the homicide of two nationals of Ecuador that had taken place in a country of destination, in which they were killed because they were thought to be Mexican, Mr. Bustamante said that physical appearances were a basis for discrimination, expulsion, arrests or violence. That was why he raised the issue of laws based on physical appearances. Practices like this could lead to racial hatred. Regarding the comments made by Cuba, on the linkages between the global economic crises and migration, Mr. Bustamante said that such a study had already been conducted by the International Labour Organization and there was no need for a repetition. Mr. Bustamante suggested the establishment of a rule for countries that presented the statistics of the labour market to include information about migrant recruitment. This would provide the evidence of the importance of the migrant workforce for the economy.

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1Joint statement on behalf of: Planetary Association for Clean Energy; Al-Hakim Foundation; North-South XXI; and Susila Dharma International Association.