HUMAN RIGHTS COUNCIL DISCUSSES THE RIGHT TO HEALTH AND HUMAN RIGHTS AND TRANSNATIONAL CORPORATIONS
Meeting Summaries
At 9 a.m. on Thursday, 12 June, the Council will conclude its clustered interactive debate on the right to health and on human rights and transnational corporations and other business enterprises. It will then start a clustered interactive dialogue with the Special Rapporteur on violence against women and the Special Rapporteur on extreme poverty.
Clustered Interactive Dialogue with the Special Rapporteurs on Freedom of Opinion and Expression and on Peaceful Assembly and Association
Lithuania shared concerns that many States had violently clamped down on peaceful protests and other forms of assembly. The right to freedom of assembly had long been limited in certain States. Lithuania was grateful for the Special Rapporteur’s focus on marginalized groups and individuals targeted because they actively lobbied for those most at risk of discrimination. Iran said on peaceful assembly and association that it was concerned that the Special Rapporteur had made references to the controversial issue of lesbian, gay, bisexual and transgender persons. The Special Rapporteur should work on universally agreed concepts rather than bring in controversial concepts.
China said its Constitution and laws fully guaranteed citizens’ freedom of expression. At the same time, it stipulated that when exercising such rights and freedoms, they should not impair State, public or lawful freedoms and rights of other citizens. Russia was surprised and disappointed by the content of the report of the Special Rapporteur on the right to freedom of assembly and association, which falsely depicted the situation in Russia. Russia drew attention to the situation in Ukraine, where assemblies had been brutally repressed, with the consent of the authorities.
Myanmar stated that it accepted universal human rights norms, but saw no clear basis in international law for granting the right to peaceful assembly to non-citizens. Myanmar was selectively mentioned in the report of Mr. Kiai, the rationale for which was not clear. The language used by the Special Rapporteur bore some religious connotations and would not help bridge the gap between the communities in Myanmar. South Africa agreed with Mr. Kiai that non-discrimination and equality were immediately realisable and not a subject of progressive realisation. The South African Constitution was premised on the principle of non-discrimination. South Africa was concerned that the report disproportionately focused on the developments in the non-Western countries, which was particularly worrisome.
Slovenia welcomed the focus of Mr. Kiai’s report on groups which were most at risk, such as women, migrants, minorities and lesbian, gay, bisexual and transgender persons. Those groups were often subject to discrimination and unfair treatment. Slovenia was very concerned about legislation adopted in parts of the world banning peaceful assemblies of lesbian, gay, bisexual and transgender persons, which was in clear violation of international law. Israel agreed that the right to freedom of peaceful assembly and association constituted a key component in empowering marginalized communities and individuals. The rights to peaceful assembly and association had long been recognized in Israel as fundamental freedoms to be enjoyed by all. Efforts had to be made to promote the pluralism of the media to ensure transparency in the promotion and financing of political campaigns.
Algeria shared the view that efforts should be made to ensure pluralism in the media and transparency in political campaigns; nevertheless, oftentimes during elections, candidates used hate speech and expressions of xenophobia targeting migrants. Despite the lack of international instruments to this end, Algeria believed that the right to freedom of expression in general on the basis of national legislation and international instruments should guide electoral processes. Bangladesh said that media could play a key role in guaranteeing free expression during political processes, but those who financed media outlets were capable of enhancing the visibility of certain candidates while impeding the communication of others. How could Governments curb this situation, as well as prevent the dissemination of hostile or discriminatory practices? Any discussion on freedom of opinion and expression should take into account responsibilities inherent to such freedoms.
Organization of Islamic Cooperation, focusing on the use of hostile language during elections, agreed with the Special Rapporteur on States’ responsibility to prevent incitement to hatred and hostile speech in such situations. When people chose to elect extremist groups that upheld views against human rights, could these elections be called human rights compliant, and could democracy override human rights? Palestine said the right to freedom of association and assembly was a core democratic value guaranteed by international instruments. Israel was violating the rights of the Palestinian people in its jurisdiction with complete disregard of the international community, carrying out a number of attacks against protesters and imposing restrictions on assembly, as part of a widespread policy to silence protest and deny Palestinians their fundamental rights. Palestine invited the Special Rapporteur to address the issues of freedom of assembly and association under occupation.
Ecuador underscored the importance of freedoms of expression and assembly because of the significant impact those had on elected popular representatives. Ecuador viewed with alarm limitations taking place around the world, particularly those targeting women, religious communities and lesbian, gay, bisexual and transgender persons. In countries affected by economic crises, there were worrying trends of rising xenophobic speech. India said that multiple identities of individuals made it more difficult for the State to provide protection of such persons. India’s Constitution provided for fundamental freedoms of assembly and expression and the Government was doing all it could to protect such rights. Incidents cited in Mr. Kiai’s report were vague and seemingly based on hear-say. Social and economic empowerment and social justice were being actively promoted in India.
Pakistan shared Mr. La Rue’s assessment that against the backdrop of political and economic crises, politicians during the electoral process around the world used rhetoric leading to incitement to hatred, hostility and violence against vulnerable groups. Freedom of expression should be exercised with responsibility by promoting pluralism, ensuring transparency and advancing accountability. Pakistan believed that there was no consensus on the controversial notion of lesbian, gay, bisexual and transgender rights as universal rights.
European Region of the International Lesbian and Gay Federation, in a joint statement, commended the report focused on challenges of groups at risk, such as lesbian, gay, bisexual and transgender persons, noting how legislation in Nigeria, Uganda and Ukraine impeded freedom of peaceful assembly of lesbian, gay, bisexual and transgender persons. States must not be allowed to masquerade behind vague appeals to “public morality” or “traditional values” to justify practices that violated human rights law by discriminating on the basis of sexual orientation or gender identity. Al-khoei Foundation was concerned by the number of suicide attacks in Shia regions of Iraq, as well as attacks and discriminatory measures against Shia communities and believers in other countries in an increasingly global trend. The Foundation called upon Mr. La Rue and the international community to examine these cases.
Frances Libertés: Fondation Danielle Mitterrand regretted that certain States continued to violate these fundamental rights. For example, Morocco restricted freedom of expression in the territory of Western Sahara and prevented the access of international journalists, just as in the case of a group of Italians last week; moreover, peaceful demonstrations were not allowed and often repressed with excessive force. Asian Forum for Human Rights lamented that attacks against journalists, political candidates and activists were rampant in the region, including in Pakistan and Bangladesh, where recent national elections were marred by violence. The Forum reiterated the call for independent and effective accountability and redress mechanisms for human rights violations in the context of elections and for States to take specific steps to ensure plurality, transparency and accountability in electoral processes.
East and Horn of Africa Human Rights Defenders Project remained extremely concerned by ongoing legislative and de facto restrictions in the east and Horn of Africa region, particularly in the context of many upcoming presidential elections. A number of journalists and bloggers had been detained in Ethiopia since April 2014, while an internationally renowned human rights defender was still detained in Burundi. Article 19, in a joint statement with CIVICUS, International Centre Against Censorship and the International Centre for Not-for-Profit Law, said that wherever freedom of expression was suppressed, the legitimacy of election outcomes would be contested, and political violence became unavoidable, as seen in Pakistan, Venezuela and Iran. The Human Rights Council ought to speak out against the worsening trend of denying freedom of peaceful assembly and association of marginalized groups.
Conectas Direitos Humanos, in a joint statement with Article 19 Brazil and Justice Global, stated that the main abuses in Brazil were carried out by the law enforcement agents themselves. The existing bills did not present any proposals on how to hold government agents accountable or to reform Brazil’s current police model. The so-called “World Cup Legacy” had had an extremely adverse effect on freedom of expression. Franciscans International stated that in Guatemala systematic limitations had been observed against marginalized persons protesting against corporate interests and exploitation of the country’s natural resources. A citizens’ movement against a mining exploitation project had been criminalized and was being violently supressed.
British Humanist Association noted that there were still countries which arbitrarily used blasphemy laws, in stark defiance of the Rabat Plan of Action, and called on the Council to ensure that States aligned their legislation with international laws and to end the arbitrary application of blasphemy laws. International Humanist and Ethical Union wondered whether true freedom of expression was possible when the independent and peaceful work of journalists was banned or punished by lashes, prison or the death penalty in a number of States, some of whom were members of this Council. Vivat International, in a joint statement, expressed concern about the situation in Papua, Indonesia where local journalists were the ones who confronted the immediate risks of arbitrary arrests, threats and intimidation.
Concluding Remarks by the Special Rapporteurs on Freedom of Opinion and Expression and on Peaceful Assembly and Association
In his concluding remarks, FRANK LA RUE, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, stressed that what his report was trying to impress was that free elections needed freedom of debate in political circles and in the society at large. The question of transparency meant that people voting on the future of their nations should be aware of the amount of resources used in campaigns. Citizens’ participation was the most important ingredient of the democratic society. All States should commit themselves to combat media monopolies, and the circulation of many ideas was essential, while electoral authorities should have information on the origin and amount of the funding received by political groups. Hate speech frequently took dramatic turns and became more violent during electoral periods. The Rabat Plan of Action was based on the principle of prevention, which should be the norm, and even more so in the electoral period. The report called on the media to be as objective and professional as possible, which should not be determined by the Government. On the question on consultations with indigenous peoples, Mr. La Rue stated that local communities ought to be consulted on major infrastructure projects.
MAINA KIAI, Special Rapporteur on the rights to freedom of peaceful assembly and of association, in his closing remarks said that the level and the quantity of the comments by delegations showed how complex the concept of marginalized groups was and that this was indeed a real problem. The issue of lesbian, gay, bisexual and transgender and intersex persons was not one of creating a new category; it was an issue of violence and discrimination committed against individuals based on their sexual orientation and gender identity. It was important to protect all individuals in a society, especially those who were different, especially in the light of a tendency throughout the world to attack lesbian, gay, bisexual and transgender and intersex persons. Turning to the issue of peaceful protests, Mr. Kiai said that he would be consulting many stakeholders in the preparation and compilation of best practices with particular attention to groups at risk. A number of delegations asked questions about communications and dialogue and the Special Rapporteur said that he was committed to a dialogue with as many people as possible and on at the field level and that was why he had requested visits to several countries.
Documentation
The Council has before it the report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, Mr. Anand Grover (A/HRC/26/31).
The Council has before it the report of the Working Group on the issue of human rights and transnational corporations and other business enterprises (A/HRC/26/25), as well as country missions to the United States (A/HRC/26/25/Add.4) and Ghana (A/HRC/26/25/Add.5)
Presentations by the Special Rapporteur on the Right to Health and the Working Group on Human Rights and Transnational Corporations
ANAND GROVER, Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, presented his final thematic report which considered issues related to unhealthy food, non-communicable diseases and the right to health. Non-communicable diseases had become the leading cause of death in many parts of the world, killing 36 million people annually. Unhealthy diets which accounted for 2.7 million deaths every year were also linked to high rates of obesity, a growing global epidemic that killed around 2.8 million people a year. Approximately 2.1 billion people globally were either overweight or obese, representing one-third of the world’s population, and the obesity rates were moving to younger ages. The crucial message contained in the report was that there was increasing evidence that “junk food” was to blame for the burgeoning rates of obesity and non-communicable diseases across the world. It was becoming a greater problem for developing countries which suffered from disproportionately higher rates. This was not just a public health issue or a medical concern: unhealthy foods posed a serious challenge to lives, health and rights. The policies of globalization had increased the free flow of unhealthy food between countries and changes in the food system had altered diets from minimally processed to ultra-processed ones. Today, 75 per cent of the world’s food sales constituted processed foods, whose largest manufacturers controlled more than one-third of the global market, critically implicating them in the growing obesity and diet-related non-communicable diseases.
The report also outlined concrete steps and measures for States, including the adoption of national public health strategies, formulation of multi-sectoral policies to positively affect the availability and accessibility of healthy foods, and developing food and nutrition guidelines for a healthy diet. States should not only provide nutritious food, but also institute measures in all areas of policymaking to reduce the burden of diet-related non-communicable diseases. Mr. Grover urged States to increase the affordability of nutritious foods through subsidies, tax benefits and investment in the production of fruits and vegetables. The food industry often targeted young children, constantly exposing them to pervasive marketing of the “junk food”. States therefore must be alert to the harms of unhealthy food to children and must regulate the marketing of such foods and their availability in schools. The food industry had a key role to play in reversing the trend of unhealthy foods and respecting human rights and the Special Rapporteur urged the industry to refrain from engaging in activities that negatively impacted the right to health. In closing, Mr. Grover stressed that the perception of the total progressive realization of the right to health was often a misunderstanding of the law, or indeed a pretext not to apply the law, and that was why the last report to the General Assembly would be dedicated to the critical but constructive analysis of the interpretation of the right to health, including the element of its progressive realization.
MICHAEL ADDO, Chairperson, Working Group on the issue of human rights, transnational corporations and other business enterprises, presenting the report, referred to a visit to the United States, where the Working Group found significant gaps in regulation, oversight and enforcement in some areas, notably relating to labour rights. Concerns had been heard, particularly on labour rights issues, but innovative solutions to overcome business related human rights challenges in specific contexts were also seen. With regards to a visit to Ghana, the need was found for further policy coherence through the integration of the Guiding Principles into national policies, and for the establishment of stronger mechanisms to conduct human rights impact assessments, including of investment agreements. The Working Group was pleased that the country’s national human rights institution planned to hold a series of capacity-building workshops with relevant stakeholders this summer. The Guiding Principles on Business and Human Rights had brought broad consensus on the need to identify, prevent, mitigate and remedy adverse human rights impacts by business enterprises. Three years on, they had been embedded in key international frameworks and entered the policy stream of States, business enterprises and civil society.
The Working Group had a number of projects to spur further implementation of the Guiding Principles, including activities on access to effective remedies, national action plans, as well as annual and regional forums. States were strongly encouraged to develop national action plans because it was believed that they were especially valuable in the implementation of the Guiding Principles. The Working Group recognised the many ongoing challenges to protect victims and ensure accountability, justice and redress in cases of business-related human rights abuses and so attention continued to be given to the invitation in Resolution 17/4 of 2011, to continue to explore options and make recommendations for enhancing access to effective remedies available to those whose human rights were affected by corporate activities, including those in conflict areas. States were encouraged to continue to build on momentum, to engage in efforts to develop guidance on national action plans to implement the Guiding Principles and, as a matter of priority, review access to remedy for victims of business-related adverse human rights impacts. Civil society organizations were encouraged to continue to make full use of existing international and regional human rights instruments and mechanisms to raise awareness of the Guiding Principles and business-related human rights issues and to continue to engage with the Working Group.
Statements by Concerned Countries
Ghana, speaking as a concerned country, said that the Government of Ghana, in partnership with the private sector and civil society, had taken steps to implement some of the recommendations made by the Working Group. Ghana’s Government was the first African Government to be formally admitted as an Engaged Government in the Voluntary Principles Initiative on Business and Security and Human Rights Initiative. The process of drafting a National Corporate Social Responsibility Policy, which had begun in 2013, was expected to be completed soon.
United States thanked the Working Group for its thoroughness and its thoughtful recommendations. The United States had already expressed its commitment to the Guiding Principles, to which the United States’ Government was providing programmatic support. Increased transparency would lead to increased corporate accountability and could minimize the adverse impact by businesses on human rights. The United States had increased efforts on behalf of at-risk workers, migrant farm workers and workers with limited English language skills, among others. The United States had been accepted as an Extractive Industry Transparency Initiative Candidate country.
Interactive Debate with the Special Rapporteur on the Right to Health and the Working Group on Human Rights and Transnational Corporations
Pakistan, speaking on behalf of the Organization of Islamic Cooperation, said that the collective responsibility to ensure nutritionally adequate and safe food could not be ignored, and, notwithstanding the importance of education and public awareness programmes, the problem of malnutrition in some developing countries could only be tackled by the provision of healthy food. Turning to the report on businesses and human rights, the Organization of Islamic Cooperation said that because of the complexity of the problem, one solution could not fit all. Norway, speaking on behalf of the Core Group, stressed the need to close the implementation gap between norms and realities on the ground and to prevent business-related human rights abuses, for example through practical ways to increase access to remedies, or the preparation of national action plans on the implementation of the Guiding Principles. Taking action on social and health determinants was important to create inclusive, equal, productive and healthy societies, said Costa Rica, on behalf of the Community of Latin American and Caribbean States, and recognized the importance of promoting education and public awareness campaigns on healthy foods. The Community of Latin American and Caribbean States called on companies to deepen their commitments to the implementation of the Guiding Principles and to the protection of human rights in general.
Egypt, speaking on behalf of the Arab Group, called on corporations to take voluntary steps to increase the nutritional value of food and hoped for more restrictions on imported manufactured food. The Arab Group was following with interest the discussions between the Working Group and some States towards an international instrument on businesses and human rights. European Union stressed the need for a comprehensive, cooperative and inclusive approach to health and asked about positive models or best practices of engagement with the food industry. The European Union welcomed that access to remedy would be one of the main issues explored at the next Forum on Business and Human Rights and welcomed the discussion on national action plans foreseen by the Forum, which would be an important contribution towards further implementation of the Guiding Principles. Ethiopia, speaking on behalf of the African Group, urged all stakeholders to ensure the availability of effective remedies for individuals and communities adversely affected by the negative impact of business activities and urged the Working Group to evaluate the extent of voluntary compliance by business entities with the Guidelines.
Algeria said that despite immense efforts made by many countries, malnutrition had achieved alarming proportions worldwide. A search for new methods of production and exploitation of natural resources was needed. The Guiding Principles on Business and Human Rights had become better well-known since their adoption in 2011 and Algeria agreed on the need to further disseminate them. Spain said that discussions on nutrition and non-communicable diseases could be enriched with a firm focus on human rights. Spain thanked the Working Group for its support in rolling out the Business and Human Rights plan for Spain. The difficulty in gaining access to some small and medium enterprises was noted by Spain, despite the holding of public consultations. Chile agreed with the need to introduce urgent structural changes in the policies of Governments to change the dietary habits of a large segment of the population, especially children. According to the Working Group, what would be the minimum conditions to initiate a negotiation process of an internationally-binding framework on business and human rights?
Kuwait said that it attached great importance to non-communicable diseases and health in general. A national committee had been established under the Ministry of Health and the competent health experts, and it was finalizing a national strategy to prevent chronic, non-communicable diseases. Kuwait supported the importance of corporations adopting guidelines to improve the nutritional value of food. Uruguay said the human rights perspective was included in its public health policies. Uruguay was one of the countries that suffered from chronic, non-communicable diseases. To carry out monitoring of these, it had identified risk factors. Uruguay had been challenged by the tobacco industry. Morocco said actions to improve nutritional health could directly or indirectly help to achieve the Millennium Development Goals. What means would allow overcoming constraints faced by many countries, particularly developing countries, in the area of the low number of specialized non-governmental organizations and the lack of nutritionist specialists?
Netherlands, concerning the report on business and human rights, said that the endorsement of the Guiding Principles three years ago had constituted a landmark and expressed support for the renewal of the Group’s mandate as much more was still needed. It was important for the principles to be implemented and the Netherlands asked the Working Group to elaborate on the form that guidance for national plans would take? Russia said that on the basis of a single study it was difficult to draw global conclusions at large, however, it had been possible to identify that States and corporations had taken steps to implement the Guiding Principles. Sierra Leone believed that food security could not be achieved without first tackling poverty and access to balanced nutritional options was hardly the first priority of struggling families; capacity building measures should aim at strengthening primary and preventive care. Sierra Leone encouraged the establishment of better accountability mechanisms to address governance gaps and normative standards, and asked the Working Group how foreign policy initiatives could be further developed to encourage countries to participate more actively.
Ireland, noting the focus on the role of food companies in the context of non-communicable diseases, asked for the views of the Special Rapporteur on the right to health on the role of the Guiding Principles on business and human rights. Ireland was developed an approach to develop a national plan towards the implementation of the Guiding Principles and asked the Working Group about how it saw its participation in the context of the Annual Forum. Italy, while noting that dietary routines had a role in the diffusion of non-communicable diseases, noted that Mr. Grover’s report was based on the notion of “unhealthy foods” for which there was no agreed definition. Concerning business and human rights, the Guiding Principles were one of Italy’s priorities at the international level; the Forum must be a space of dialogue and understanding and private sector participation should be enhanced. El Salvador health was a public good and a fundamental human right to which all persons should have unrestricted access, and nutrition was also fundamental. It was necessary to develop public policies that widened the availability and accessibility of healthy food and efforts to this end were becoming an ethical requirement.
Sri Lanka said that it had taken various steps to control diet-related non-communicable diseases, including approaching the food industry for voluntary reduction of sugar and salt, initiation of healthy canteen policies in schools and was considering the colour labelling of food on the basis of their nutritional value. Namibia realized that more measures needed to be put in place to reduce the burden of diet-related non-communicable diseases and welcomed the call to the food and beverage industry to act more responsibly in the manufacturing of those goods. Egypt agreed that States had a responsibility to intervene through legislative and policy measures to reduce dietary related non-communicable diseases, ranging from raising awareness to applying concrete preventive measures to protect public health and adopting provisional policies that could include price regulations and incentives to small farmers.
Slovenia was alarmed by the increase in child obesity, particularly among low-income groups, and expressed hope that the food industry would support the efforts to limit the marketing of energy-dense foods to children. Philippines was preparing guidelines for a voluntary healthy food certification programme which would set health standards for processed food. Indonesia emphasized that non-communicable diseases were both a health and socioeconomic problem and that a multi-stakeholder approach was required to address the problem in a comprehensive manner. Indonesia expressed its support for the efforts to expedite the effective implementation of the Guiding Principles at the national level and was considering including its elements in the National Human Rights Plan for 2014-2018.
Germany said that human rights-compatible economic development would not come about by remote control. Space for civil society and human rights defenders and the meaningful participation of all concerned in the decision-making process were essential prerequisites for sustainable economic policy. United Kingdom supported the approach taken by the Working Group to develop concrete guidance to support the development of action plans. It agreed that States should actively engage with the work initiated by the Office of the High Commissioner for Human Rights-commissioned study on corporate liability for gross human rights abuses. United Nations Children’s Fund strongly supported the activities of the Working Group. At the same time, UNICEF emphasized the importance of considering children’s rights separately and as part of this important work. Children’s rights provided an additional lens through which to look at business and human rights.
United Arab Emirates expressed satisfaction vis-à-vis the recommendations presented by the Special Rapporteur on the highest attainable standard of mental and physical health, in relation to malnutrition and non-communicable diseases. Shortcomings in the health-related system had been made clear. Eritrea said that its laws provided that the State was under obligation to endeavour within the limits of its resources, to provide equitable health services to all its citizens. The Government had made significant investment in the health sector and provided free health services with nominal fees. Syria said that its Health Ministry had established a national strategy for food and among its objectives were non-communicable diseases due to malnutrition. Implementation depended on the current situation in Syria. Economic sanctions were hampering access to medicines and there was also the issue of the destruction of health centres to contend with.
Paraguay, concerning the right to health, took note with concern of the negative consequences of an unbalanced diet and recognised the burden represented by non-communicable diseases to sustainable development. Prevention should be included in national health strategies and public policies. Paraguay agreed on the need to ensure access to healthy food without inequality. Malaysia reiterated its commitment to these two issues, noting the negative impact of non-communicable diseases on economic growth and development arising from food insecurity and the availability of high caloric unhealthy food products in developing countries. Malaysia counted with several policies and programmes, such as a national strategic plan for non-communicable diseases, to achieve and maintain the nutritional well-being of Malaysians. Brazil congratulated Mr. Grover for choosing such a relevant theme currently in the centre of the global health agenda. This issue should be dealt with in a multidisciplinary perspective, given its multiple determinants, including the promotion of universal health and education policies combined with social protection and income transfer mechanisms. Brazil also recognised States’ efforts to regulate advertising on foods, and commended Mr. Grover for his tenure including his work on access to medicines and intellectual property rights.
Saudi Arabia noted Mr. Grover’s recommendations, including the need for ensuring the availability of healthy food as well as the situation of particular groups, and attached great importance to ensuring the highest possible standard of health for its citizens. Saudi Arabia had created a public institution for food and medicines, which carried out research, established standards and promoted awareness. Venezuela said that Mr. Grover’s report established the links between unhealthy food items and nutrition-related non-communicable diseases which directly impacted the right to health. Venezuela counted with policies to ensure food security and improve the consumption of healthy food. Concerning business and human rights, Venezuela urged the Working Group to increase interlocutors’ participation and to undertake a study history of systematic violations committed by transnational corporations and to present these results in open consultations with States. Colombia stressed the assessment made by the Working Group on the achievements since the adoption of the Guiding Principles and expressed support for the renewal of its mandate. National plans constituted the best mechanism to implement the principles and their success depended on States’ will and freedom to develop international standards in accordance to their context and situation. Regional work, such as that carried out in Latin America towards to internalisation of the guiding principles, served as a catalyser of national processes and implementation.
Australia stated that its preferred approach was to actively educate, support and encourage Australians to adopt and maintain a healthy diet, rather than regulate. New dietary guidelines had been issued in 2013. States had to remain focused on building an understanding of the Protect, Respect and Remedy Framework and supporting its effective implementation. Iran firmly supported the main theme of Mr. Grover’s report that the policies of globalization played the key role in increasing the free flow of unhealthy foods between countries, which was a process largely driven by transnational corporations. The right to health had always had a central position in Iran’s national development plans. Canada said that real gains in human rights and human development were possible when Governments tackled corruption. Meaningful change was possible with a constructive engagement by all stakeholders, which was why active participation by private sector actors was necessary. The Guiding Principles marked the “end of the beginning”, but a lot remained to be done to operationalize them and apply them in a pragmatic manner.
Argentina agreed that the exercise of the right to health was linked to the right to healthy nutritional food. Since 2008, the Ministry of Health had had a comprehensive strategy on health risk factors and their prevention. Argentina had created a special investigation unit for crimes against humanity which were economically led. Ecuador stated that it had made a number of efforts to promote healthy dietary plans. Persons, communities and nationalities all had the right to healthy and affordable food. How many communications from the civil society had the Working Group received and how many had been positively answered? Viet Nam shared Mr. Grover’s view that the right to health was inextricably linked to the right to food, as well as non-communicable disease. States had a primary role to ensure access to the minimum essential food and ensure freedom from hunger for everyone. States also needed to create sustainable and inclusive growth and to address the challenges posed by globalization and the negative impact of transnational business.
Among the steps taken by Burkina Faso to ensure access to food that would guarantee the health of its citizens were the promotion of exclusive breastfeeding up to the age of six months, strengthening of competencies of health workers, and the drafting of a national food policy that aimed at ensuring food security. China strived to ensure food and nutritional security for its population of 1.3 billion and had in place a policy to ensure the per capita food intake to 2200 kCal by 2020. China accorded great importance to the Guiding Principles and said that developed countries in particular should ensure that their companies abided by its provisions and should also provide technical assistance to developing countries. South Africa said that the interventions recommended by Mr. Grover were much in line with national policy, where a number of initiatives were underway such as national school nutrition programmes, expansion of the network of existing food distributions, support for early childhood development, and others. It was regrettable that the Working Group in its report did not make any recommendations for trans-national corporations to bear direct responsibility for human rights abuses and non-compliance with national laws, including adequate remedies and compensation systems for victims and their families.
United States stressed that a critical element of the effective prevention programming on non-communicable diseases was the recognition to tackle the social, economic and environmental determinants of health and said that every Government could play a positive role in ensuring a healthy future for its children. Launching of the treaty process on business and human rights would challenge the global commitment to and distract from efforts to implement the Guiding Principles, and so undermine years of important work. Holy See stressed that profit could not be the only rationale of business activity; transnational corporations were part of the human family, and their activity should abide by human rights standards. A binding instrument would raise moral standards and change the way international corporations understood their role and activities. Denmark said that its Action Plan published in March 2014 provided an overview of the initiatives already taken to implement the Guiding Principles and included new policy initiatives, regulatory instruments and guidance for companies on how to conduct due diligence and respect human rights. Denmark had also established a mediation and complaint-handling institution for responsible business conduct.
World Health Organization said that much progress had been made but significant challenges remained. Access to adequate, safe and nutritious food had to be ensured through efficient, sustainable and nutrition-enhancing food systems. Food systems had to promote healthy dietary patterns by providing year-round access to safe and nutritious foods, while limiting consumption of processed foods.
India said it was important to ensure that regulations did not unduly burden small-scale industries or discourage the inflow of investments to developing countries. It welcomed the recommendation of the Special Rapporteur calling for concrete measures from transnational cooperations and the food industry to refrain from advertising unhealthy foods. Bangladesh said that while it acknowledged that it was the primary responsibility of Governments to ensure access to food, it was also important for other multi-stakeholders to behave responsibly. Bangladesh emphasised the importance to provide for nutritious food which was culturally and religiously acceptable.
France enquired as to what methods could be recommended to involve non-state actors in the promotion of access to a healthy and balanced diet? France reiterated its commitment to the implementation of the Guiding Principles on Business and Human Rights and all States were encouraged to move forward towards their effective implementation. International Labour Office was pleased to inform that the International Labour Conference had adopted a Protocol with a recommendation to strengthen efforts world-wide to eliminate forced labour and human trafficking, including in business operations. The International Labour Office looked forward to increasing its collaboration with the Working Group. Cuba was interested in the content of the report of the Working Group, and its initiatives to disseminate and implement the Guiding Principles on Business and Human Rights. It acknowledged discussion on the possibility of a legally binding instrument; however it was of the view that an intergovernmental process should have been initiated, which would allow for a conclusion with a document of that type.
Bolivia valued the holding of a regional forum in Medelin, which had created an opportunity for discussions between the Government, businesses and civil society. A legally binding instrument should be negotiated on the basis of the Guiding Principles, and the right to just remedy had to be exercised. Belgium agreed with the Working Group that a process leading to a legally binding instrument should not be immediately launched. The broad sphere of business and human rights could not be covered by a single treaty. Belgium believed in the importance of national action plans on the subject matter, which was something Belgium was doing at the moment. Sudan stated that it attached the highest importance to the issues of health and food, which were addressed by all of the country’s agricultural programmes. Sudan, as a country where agriculture played a crucial role in the economy, placed importance on providing food that was affordable and safe.
Switzerland asked the Working Group whether the finalization and publication of the guide could be completed before the end of 2016. The proposed roadmap should help States implement the Guiding Principles as soon as possible. It was also important to continue the harmonization of the Guiding Principles with international legal instruments. Thailand believed that it was imperative for States to undertake efforts to combat non-communicable diseases, especially through promoting access to healthier food options, awareness raising and promoting physical activity. The Guiding Principles should be translated into practice, particularly at the national level through capacity building. Qatar attached growing importance to the issue of human rights and the questions of equity and fairness. It was a strategic choice for Qatar, and a cornerstone for the exhaustive reform underway in Qatar. The national working group brought together all stakeholders to raise awareness of the links between businesses and human rights.
Israel said that the conjunction of unhealthy food with the modern way of life was affecting general health. Israel took that problem seriously and had developed a number of educational initiatives in that regard. A pilot programme including distribution of fruits and vegetables in schools had also been recently conducted. Palestine said that in the occupied Palestine a number of Israeli and multinational corporations had linked their business operations to Israel’s settlements, enabling the illegal growth of settlements. Palestine welcomed the Working Group’s decision to address the issue of implementation of the Guiding Principles in conflict zones.
International Service for Human Rights said that human rights defenders were being criminalised and attacked for their work around the world. It called on the Working Group to emphasise the work of human rights defenders working on aspects of corporate responsibility. International Commission of Jurists, in a joint statement, said States had been slow to develop national frameworks for the implementation of the Guiding Principles and the revision of existing policies and regulations. Communities and individuals continued to suffer from violations and stronger regulatory frameworks were needed without delay.
Foodfirst Information and Action Network said that impunity was the rule amid violations perpetrated by transnational corporations or with their complicity. The Network advocated for the creation of an intergovernmental working group to draft a legally binding instrument that affirmed the applicability of human rights obligations to the operations of transnational corporations. Franciscans International, in a joint statement, said that the reality on the ground attested to the threat that industrial appropriation, consumption, and the pollution of water posed to the rights of the poorest and most marginalised, including the right to health. The Council’s Special Procedures were requested to engage in the post-2015 process and the contested human right to water and sanitation.
For use of the information media; not an official record
HRC14/064E
Concludes Clustered Debate on Freedom of Opinion and Expression and on Peaceful Assembly and Association
The Human Rights Council today held a clustered interactive debate with Anand Grover, the Special Rapporteur on the right to health, and Michael K. Addo, the Chair-Rapporteur of the Working Group on the issue of human rights and transnational corporations and other business enterprises. It also concluded its clustered interactive debate with Frank La Rue, the Special Rapporteur on freedom of opinion and expression, and Maina Kiai, the Special Rapporteur on the rights to peaceful assembly and association.
Mr. Grover, introducing his report, stated that non-communicable diseases had become the leading cause of death in many parts of the world, killing 36 million people annually. Approximately 2.1 billion people globally were either overweight or obese, representing one-third of the world’s population, and the obesity rates were moving to younger ages. The policies of globalization had increased the free flow of unhealthy food between countries and changes in the food system had altered diets from minimally processed to ultra-processed ones. The food industry often targeted young children, constantly exposing them to pervasive marketing of “junk food”. States therefore must be alert to the harms of unhealthy food to children and regulate the marketing of such foods and their availability in schools.
Mr. Addo, presenting the report of the Working Group, said the Working Group had a number of projects to spur further implementation of the Guiding Principles, including activities on access to effective remedies, national action plans, as well as annual and regional forums. States were strongly encouraged to develop national action plans because it was believed that they were especially valuable in the implementation of the Guiding Principles. The Working Group recognised the many ongoing challenges to protect victims and ensure accountability, justice and redress in cases of business-related human rights abuses. Civil society organizations were encouraged to continue to make full use of existing international and regional human rights instruments and mechanisms to raise awareness of the Guiding Principles.
Ghana and the United States spoke as concerned countries.
During the interactive dialogue on the right to health and on human rights and transnational corporations, speakers thanked the Special Rapporteurs for raising the profile of pertinent issues of health, healthy nutrition and the inextricable nexus of business and human rights. The Guiding Principles on Business and Human Rights ought to be endorsed and the accountability of businesses, big and small alike, should be established. Delegations also stressed the importance of educational programmes on nutrition, prevention and the primary responsibility of States to promote healthy lifestyles. Private enterprises should also assume their part of responsibility for promoting healthy nutrition options.
The following delegations took the floor during the interactive dialogue: Pakistan, on behalf of the Organization of Islamic Cooperation, Norway, on behalf of the Core Group, Costa Rica on behalf of the Community of Latin American and Caribbean States, Egypt, European Union, Ethiopia, on behalf of the African Group, Algeria, Morocco, Spain, Chile, Costa Rica, Kuwait, Uruguay, Germany, Russian Federation, Sierra Leone, the Netherlands, Ireland, Italy, El Salvador, Sri Lanka, Namibia, Egypt, Slovenia, Indonesia, the Philippines, El Salvador, Germany, United Kingdom, United Nations Children’s Fund, Italy, Eritrea, Paraguay, Malaysia, Brazil, Saudi Arabia, Venezuela, Colombia, Australia, Iran, Canada, Argentina, Ecuador, Viet Nam, Burkina Faso, Holy See, Denmark, China, South Africa, United States, World Health Organization, France, Cuba, Bangladesh, International Labour Organization, India, Bolivia, Belgium, Sudan, Switzerland, Thailand, Qatar, Israel, and Palestine.
Also speaking were the following non-governmental organizations: International Service for Human Rights, International Commission of Jurists in a joint statement, Food First Information and Action Network, and the Franciscans International in a joint statement.
At the beginning of the meeting, the Council concluded its clustered interactive debate with Frank La Rue, the Special Rapporteur on freedom of opinion and expression, and Maina Kiai, the Special Rapporteur on the right to peaceful assembly and association. The Special Rapporteurs presented their reports on Tuesday, 10 June in the afternoon, and a summary of their presentations plus the first part of the clustered interactive dialogue with them can be found here.
During the discussion, speakers reiterated their commitment to those engrained rights. While several States stressed their particular concern over the discrimination of lesbian, gay, bisexual and transgender persons, a number of speakers believed that the rights of lesbian, gay, bisexual and transgender persons were a controversial notion and could not be considered a universal norm. Fair financing of political parties and guaranteeing freedom of expression, while limiting inciting and hate speech, remained a matter of concern, particularly in the course of electoral campaigns.
In his concluding remarks, Mr. La Rue stressed that his report tried to impress that free elections needed freedom of debate in political circles and in the society at large. The question of transparency meant that people voting on the future of their nations should be aware of the amount of resources used in political campaigns. Citizens’ participation was the most important ingredient of the democratic society. The Rabat Plan of Action was based on the principle of prevention, which should be the norm, and even more so in the electoral period.
Mr. Kiai, in his concluding remarks, stated that the level and the quantity of the comments by delegations showed how complex the concept of marginalized groups was and that this was indeed a real problem. The issue of lesbian, gay, bisexual and transgender and intersex persons was not one of creating a new category; it was the issue of violence and discrimination committed against individuals based on their sexual orientation and gender identity. It was important to protect all individuals in a society, especially those who were different.
Speaking in the discussion on freedoms of expression and peaceful assembly today were Lithuania, China, Myanmar, Slovenia, Israel, South Africa, Algeria, Bangladesh, Russian Federation, Palestine, Organization of Islamic Cooperation, Ecuador, India and Pakistan.
The following non-governmental organizations also took the floor: European Region of the International Lesbian and Gay Federation, Al-khoei Foundation, Frances Libertés: Fondation Danielle Mitterrand, Asian Forum for Human Rights, East and Horn of Africa Human Rights Defenders Project, Article 19, Conectas Direitos Humanos, Franciscans International, British Humanist Association, International Humanist and Ethical Union, and Vivat International.
Clustered Interactive Dialogue with the Special Rapporteurs on Freedom of Opinion and Expression and on Peaceful Assembly and Association
Lithuania shared concerns that many States had violently clamped down on peaceful protests and other forms of assembly. The right to freedom of assembly had long been limited in certain States. Lithuania was grateful for the Special Rapporteur’s focus on marginalized groups and individuals targeted because they actively lobbied for those most at risk of discrimination. Iran said on peaceful assembly and association that it was concerned that the Special Rapporteur had made references to the controversial issue of lesbian, gay, bisexual and transgender persons. The Special Rapporteur should work on universally agreed concepts rather than bring in controversial concepts.
China said its Constitution and laws fully guaranteed citizens’ freedom of expression. At the same time, it stipulated that when exercising such rights and freedoms, they should not impair State, public or lawful freedoms and rights of other citizens. Russia was surprised and disappointed by the content of the report of the Special Rapporteur on the right to freedom of assembly and association, which falsely depicted the situation in Russia. Russia drew attention to the situation in Ukraine, where assemblies had been brutally repressed, with the consent of the authorities.
Myanmar stated that it accepted universal human rights norms, but saw no clear basis in international law for granting the right to peaceful assembly to non-citizens. Myanmar was selectively mentioned in the report of Mr. Kiai, the rationale for which was not clear. The language used by the Special Rapporteur bore some religious connotations and would not help bridge the gap between the communities in Myanmar. South Africa agreed with Mr. Kiai that non-discrimination and equality were immediately realisable and not a subject of progressive realisation. The South African Constitution was premised on the principle of non-discrimination. South Africa was concerned that the report disproportionately focused on the developments in the non-Western countries, which was particularly worrisome.
Slovenia welcomed the focus of Mr. Kiai’s report on groups which were most at risk, such as women, migrants, minorities and lesbian, gay, bisexual and transgender persons. Those groups were often subject to discrimination and unfair treatment. Slovenia was very concerned about legislation adopted in parts of the world banning peaceful assemblies of lesbian, gay, bisexual and transgender persons, which was in clear violation of international law. Israel agreed that the right to freedom of peaceful assembly and association constituted a key component in empowering marginalized communities and individuals. The rights to peaceful assembly and association had long been recognized in Israel as fundamental freedoms to be enjoyed by all. Efforts had to be made to promote the pluralism of the media to ensure transparency in the promotion and financing of political campaigns.
Algeria shared the view that efforts should be made to ensure pluralism in the media and transparency in political campaigns; nevertheless, oftentimes during elections, candidates used hate speech and expressions of xenophobia targeting migrants. Despite the lack of international instruments to this end, Algeria believed that the right to freedom of expression in general on the basis of national legislation and international instruments should guide electoral processes. Bangladesh said that media could play a key role in guaranteeing free expression during political processes, but those who financed media outlets were capable of enhancing the visibility of certain candidates while impeding the communication of others. How could Governments curb this situation, as well as prevent the dissemination of hostile or discriminatory practices? Any discussion on freedom of opinion and expression should take into account responsibilities inherent to such freedoms.
Organization of Islamic Cooperation, focusing on the use of hostile language during elections, agreed with the Special Rapporteur on States’ responsibility to prevent incitement to hatred and hostile speech in such situations. When people chose to elect extremist groups that upheld views against human rights, could these elections be called human rights compliant, and could democracy override human rights? Palestine said the right to freedom of association and assembly was a core democratic value guaranteed by international instruments. Israel was violating the rights of the Palestinian people in its jurisdiction with complete disregard of the international community, carrying out a number of attacks against protesters and imposing restrictions on assembly, as part of a widespread policy to silence protest and deny Palestinians their fundamental rights. Palestine invited the Special Rapporteur to address the issues of freedom of assembly and association under occupation.
Ecuador underscored the importance of freedoms of expression and assembly because of the significant impact those had on elected popular representatives. Ecuador viewed with alarm limitations taking place around the world, particularly those targeting women, religious communities and lesbian, gay, bisexual and transgender persons. In countries affected by economic crises, there were worrying trends of rising xenophobic speech. India said that multiple identities of individuals made it more difficult for the State to provide protection of such persons. India’s Constitution provided for fundamental freedoms of assembly and expression and the Government was doing all it could to protect such rights. Incidents cited in Mr. Kiai’s report were vague and seemingly based on hear-say. Social and economic empowerment and social justice were being actively promoted in India.
Pakistan shared Mr. La Rue’s assessment that against the backdrop of political and economic crises, politicians during the electoral process around the world used rhetoric leading to incitement to hatred, hostility and violence against vulnerable groups. Freedom of expression should be exercised with responsibility by promoting pluralism, ensuring transparency and advancing accountability. Pakistan believed that there was no consensus on the controversial notion of lesbian, gay, bisexual and transgender rights as universal rights.
European Region of the International Lesbian and Gay Federation, in a joint statement, commended the report focused on challenges of groups at risk, such as lesbian, gay, bisexual and transgender persons, noting how legislation in Nigeria, Uganda and Ukraine impeded freedom of peaceful assembly of lesbian, gay, bisexual and transgender persons. States must not be allowed to masquerade behind vague appeals to “public morality” or “traditional values” to justify practices that violated human rights law by discriminating on the basis of sexual orientation or gender identity. Al-khoei Foundation was concerned by the number of suicide attacks in Shia regions of Iraq, as well as attacks and discriminatory measures against Shia communities and believers in other countries in an increasingly global trend. The Foundation called upon Mr. La Rue and the international community to examine these cases.
Frances Libertés: Fondation Danielle Mitterrand regretted that certain States continued to violate these fundamental rights. For example, Morocco restricted freedom of expression in the territory of Western Sahara and prevented the access of international journalists, just as in the case of a group of Italians last week; moreover, peaceful demonstrations were not allowed and often repressed with excessive force. Asian Forum for Human Rights lamented that attacks against journalists, political candidates and activists were rampant in the region, including in Pakistan and Bangladesh, where recent national elections were marred by violence. The Forum reiterated the call for independent and effective accountability and redress mechanisms for human rights violations in the context of elections and for States to take specific steps to ensure plurality, transparency and accountability in electoral processes.
East and Horn of Africa Human Rights Defenders Project remained extremely concerned by ongoing legislative and de facto restrictions in the east and Horn of Africa region, particularly in the context of many upcoming presidential elections. A number of journalists and bloggers had been detained in Ethiopia since April 2014, while an internationally renowned human rights defender was still detained in Burundi. Article 19, in a joint statement with CIVICUS, International Centre Against Censorship and the International Centre for Not-for-Profit Law, said that wherever freedom of expression was suppressed, the legitimacy of election outcomes would be contested, and political violence became unavoidable, as seen in Pakistan, Venezuela and Iran. The Human Rights Council ought to speak out against the worsening trend of denying freedom of peaceful assembly and association of marginalized groups.
Conectas Direitos Humanos, in a joint statement with Article 19 Brazil and Justice Global, stated that the main abuses in Brazil were carried out by the law enforcement agents themselves. The existing bills did not present any proposals on how to hold government agents accountable or to reform Brazil’s current police model. The so-called “World Cup Legacy” had had an extremely adverse effect on freedom of expression. Franciscans International stated that in Guatemala systematic limitations had been observed against marginalized persons protesting against corporate interests and exploitation of the country’s natural resources. A citizens’ movement against a mining exploitation project had been criminalized and was being violently supressed.
British Humanist Association noted that there were still countries which arbitrarily used blasphemy laws, in stark defiance of the Rabat Plan of Action, and called on the Council to ensure that States aligned their legislation with international laws and to end the arbitrary application of blasphemy laws. International Humanist and Ethical Union wondered whether true freedom of expression was possible when the independent and peaceful work of journalists was banned or punished by lashes, prison or the death penalty in a number of States, some of whom were members of this Council. Vivat International, in a joint statement, expressed concern about the situation in Papua, Indonesia where local journalists were the ones who confronted the immediate risks of arbitrary arrests, threats and intimidation.
Concluding Remarks by the Special Rapporteurs on Freedom of Opinion and Expression and on Peaceful Assembly and Association
In his concluding remarks, FRANK LA RUE, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, stressed that what his report was trying to impress was that free elections needed freedom of debate in political circles and in the society at large. The question of transparency meant that people voting on the future of their nations should be aware of the amount of resources used in campaigns. Citizens’ participation was the most important ingredient of the democratic society. All States should commit themselves to combat media monopolies, and the circulation of many ideas was essential, while electoral authorities should have information on the origin and amount of the funding received by political groups. Hate speech frequently took dramatic turns and became more violent during electoral periods. The Rabat Plan of Action was based on the principle of prevention, which should be the norm, and even more so in the electoral period. The report called on the media to be as objective and professional as possible, which should not be determined by the Government. On the question on consultations with indigenous peoples, Mr. La Rue stated that local communities ought to be consulted on major infrastructure projects.
MAINA KIAI, Special Rapporteur on the rights to freedom of peaceful assembly and of association, in his closing remarks said that the level and the quantity of the comments by delegations showed how complex the concept of marginalized groups was and that this was indeed a real problem. The issue of lesbian, gay, bisexual and transgender and intersex persons was not one of creating a new category; it was an issue of violence and discrimination committed against individuals based on their sexual orientation and gender identity. It was important to protect all individuals in a society, especially those who were different, especially in the light of a tendency throughout the world to attack lesbian, gay, bisexual and transgender and intersex persons. Turning to the issue of peaceful protests, Mr. Kiai said that he would be consulting many stakeholders in the preparation and compilation of best practices with particular attention to groups at risk. A number of delegations asked questions about communications and dialogue and the Special Rapporteur said that he was committed to a dialogue with as many people as possible and on at the field level and that was why he had requested visits to several countries.
Documentation
The Council has before it the report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, Mr. Anand Grover (A/HRC/26/31).
The Council has before it the report of the Working Group on the issue of human rights and transnational corporations and other business enterprises (A/HRC/26/25), as well as country missions to the United States (A/HRC/26/25/Add.4) and Ghana (A/HRC/26/25/Add.5)
Presentations by the Special Rapporteur on the Right to Health and the Working Group on Human Rights and Transnational Corporations
ANAND GROVER, Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, presented his final thematic report which considered issues related to unhealthy food, non-communicable diseases and the right to health. Non-communicable diseases had become the leading cause of death in many parts of the world, killing 36 million people annually. Unhealthy diets which accounted for 2.7 million deaths every year were also linked to high rates of obesity, a growing global epidemic that killed around 2.8 million people a year. Approximately 2.1 billion people globally were either overweight or obese, representing one-third of the world’s population, and the obesity rates were moving to younger ages. The crucial message contained in the report was that there was increasing evidence that “junk food” was to blame for the burgeoning rates of obesity and non-communicable diseases across the world. It was becoming a greater problem for developing countries which suffered from disproportionately higher rates. This was not just a public health issue or a medical concern: unhealthy foods posed a serious challenge to lives, health and rights. The policies of globalization had increased the free flow of unhealthy food between countries and changes in the food system had altered diets from minimally processed to ultra-processed ones. Today, 75 per cent of the world’s food sales constituted processed foods, whose largest manufacturers controlled more than one-third of the global market, critically implicating them in the growing obesity and diet-related non-communicable diseases.
The report also outlined concrete steps and measures for States, including the adoption of national public health strategies, formulation of multi-sectoral policies to positively affect the availability and accessibility of healthy foods, and developing food and nutrition guidelines for a healthy diet. States should not only provide nutritious food, but also institute measures in all areas of policymaking to reduce the burden of diet-related non-communicable diseases. Mr. Grover urged States to increase the affordability of nutritious foods through subsidies, tax benefits and investment in the production of fruits and vegetables. The food industry often targeted young children, constantly exposing them to pervasive marketing of the “junk food”. States therefore must be alert to the harms of unhealthy food to children and must regulate the marketing of such foods and their availability in schools. The food industry had a key role to play in reversing the trend of unhealthy foods and respecting human rights and the Special Rapporteur urged the industry to refrain from engaging in activities that negatively impacted the right to health. In closing, Mr. Grover stressed that the perception of the total progressive realization of the right to health was often a misunderstanding of the law, or indeed a pretext not to apply the law, and that was why the last report to the General Assembly would be dedicated to the critical but constructive analysis of the interpretation of the right to health, including the element of its progressive realization.
MICHAEL ADDO, Chairperson, Working Group on the issue of human rights, transnational corporations and other business enterprises, presenting the report, referred to a visit to the United States, where the Working Group found significant gaps in regulation, oversight and enforcement in some areas, notably relating to labour rights. Concerns had been heard, particularly on labour rights issues, but innovative solutions to overcome business related human rights challenges in specific contexts were also seen. With regards to a visit to Ghana, the need was found for further policy coherence through the integration of the Guiding Principles into national policies, and for the establishment of stronger mechanisms to conduct human rights impact assessments, including of investment agreements. The Working Group was pleased that the country’s national human rights institution planned to hold a series of capacity-building workshops with relevant stakeholders this summer. The Guiding Principles on Business and Human Rights had brought broad consensus on the need to identify, prevent, mitigate and remedy adverse human rights impacts by business enterprises. Three years on, they had been embedded in key international frameworks and entered the policy stream of States, business enterprises and civil society.
The Working Group had a number of projects to spur further implementation of the Guiding Principles, including activities on access to effective remedies, national action plans, as well as annual and regional forums. States were strongly encouraged to develop national action plans because it was believed that they were especially valuable in the implementation of the Guiding Principles. The Working Group recognised the many ongoing challenges to protect victims and ensure accountability, justice and redress in cases of business-related human rights abuses and so attention continued to be given to the invitation in Resolution 17/4 of 2011, to continue to explore options and make recommendations for enhancing access to effective remedies available to those whose human rights were affected by corporate activities, including those in conflict areas. States were encouraged to continue to build on momentum, to engage in efforts to develop guidance on national action plans to implement the Guiding Principles and, as a matter of priority, review access to remedy for victims of business-related adverse human rights impacts. Civil society organizations were encouraged to continue to make full use of existing international and regional human rights instruments and mechanisms to raise awareness of the Guiding Principles and business-related human rights issues and to continue to engage with the Working Group.
Statements by Concerned Countries
Ghana, speaking as a concerned country, said that the Government of Ghana, in partnership with the private sector and civil society, had taken steps to implement some of the recommendations made by the Working Group. Ghana’s Government was the first African Government to be formally admitted as an Engaged Government in the Voluntary Principles Initiative on Business and Security and Human Rights Initiative. The process of drafting a National Corporate Social Responsibility Policy, which had begun in 2013, was expected to be completed soon.
United States thanked the Working Group for its thoroughness and its thoughtful recommendations. The United States had already expressed its commitment to the Guiding Principles, to which the United States’ Government was providing programmatic support. Increased transparency would lead to increased corporate accountability and could minimize the adverse impact by businesses on human rights. The United States had increased efforts on behalf of at-risk workers, migrant farm workers and workers with limited English language skills, among others. The United States had been accepted as an Extractive Industry Transparency Initiative Candidate country.
Interactive Debate with the Special Rapporteur on the Right to Health and the Working Group on Human Rights and Transnational Corporations
Pakistan, speaking on behalf of the Organization of Islamic Cooperation, said that the collective responsibility to ensure nutritionally adequate and safe food could not be ignored, and, notwithstanding the importance of education and public awareness programmes, the problem of malnutrition in some developing countries could only be tackled by the provision of healthy food. Turning to the report on businesses and human rights, the Organization of Islamic Cooperation said that because of the complexity of the problem, one solution could not fit all. Norway, speaking on behalf of the Core Group, stressed the need to close the implementation gap between norms and realities on the ground and to prevent business-related human rights abuses, for example through practical ways to increase access to remedies, or the preparation of national action plans on the implementation of the Guiding Principles. Taking action on social and health determinants was important to create inclusive, equal, productive and healthy societies, said Costa Rica, on behalf of the Community of Latin American and Caribbean States, and recognized the importance of promoting education and public awareness campaigns on healthy foods. The Community of Latin American and Caribbean States called on companies to deepen their commitments to the implementation of the Guiding Principles and to the protection of human rights in general.
Egypt, speaking on behalf of the Arab Group, called on corporations to take voluntary steps to increase the nutritional value of food and hoped for more restrictions on imported manufactured food. The Arab Group was following with interest the discussions between the Working Group and some States towards an international instrument on businesses and human rights. European Union stressed the need for a comprehensive, cooperative and inclusive approach to health and asked about positive models or best practices of engagement with the food industry. The European Union welcomed that access to remedy would be one of the main issues explored at the next Forum on Business and Human Rights and welcomed the discussion on national action plans foreseen by the Forum, which would be an important contribution towards further implementation of the Guiding Principles. Ethiopia, speaking on behalf of the African Group, urged all stakeholders to ensure the availability of effective remedies for individuals and communities adversely affected by the negative impact of business activities and urged the Working Group to evaluate the extent of voluntary compliance by business entities with the Guidelines.
Algeria said that despite immense efforts made by many countries, malnutrition had achieved alarming proportions worldwide. A search for new methods of production and exploitation of natural resources was needed. The Guiding Principles on Business and Human Rights had become better well-known since their adoption in 2011 and Algeria agreed on the need to further disseminate them. Spain said that discussions on nutrition and non-communicable diseases could be enriched with a firm focus on human rights. Spain thanked the Working Group for its support in rolling out the Business and Human Rights plan for Spain. The difficulty in gaining access to some small and medium enterprises was noted by Spain, despite the holding of public consultations. Chile agreed with the need to introduce urgent structural changes in the policies of Governments to change the dietary habits of a large segment of the population, especially children. According to the Working Group, what would be the minimum conditions to initiate a negotiation process of an internationally-binding framework on business and human rights?
Kuwait said that it attached great importance to non-communicable diseases and health in general. A national committee had been established under the Ministry of Health and the competent health experts, and it was finalizing a national strategy to prevent chronic, non-communicable diseases. Kuwait supported the importance of corporations adopting guidelines to improve the nutritional value of food. Uruguay said the human rights perspective was included in its public health policies. Uruguay was one of the countries that suffered from chronic, non-communicable diseases. To carry out monitoring of these, it had identified risk factors. Uruguay had been challenged by the tobacco industry. Morocco said actions to improve nutritional health could directly or indirectly help to achieve the Millennium Development Goals. What means would allow overcoming constraints faced by many countries, particularly developing countries, in the area of the low number of specialized non-governmental organizations and the lack of nutritionist specialists?
Netherlands, concerning the report on business and human rights, said that the endorsement of the Guiding Principles three years ago had constituted a landmark and expressed support for the renewal of the Group’s mandate as much more was still needed. It was important for the principles to be implemented and the Netherlands asked the Working Group to elaborate on the form that guidance for national plans would take? Russia said that on the basis of a single study it was difficult to draw global conclusions at large, however, it had been possible to identify that States and corporations had taken steps to implement the Guiding Principles. Sierra Leone believed that food security could not be achieved without first tackling poverty and access to balanced nutritional options was hardly the first priority of struggling families; capacity building measures should aim at strengthening primary and preventive care. Sierra Leone encouraged the establishment of better accountability mechanisms to address governance gaps and normative standards, and asked the Working Group how foreign policy initiatives could be further developed to encourage countries to participate more actively.
Ireland, noting the focus on the role of food companies in the context of non-communicable diseases, asked for the views of the Special Rapporteur on the right to health on the role of the Guiding Principles on business and human rights. Ireland was developed an approach to develop a national plan towards the implementation of the Guiding Principles and asked the Working Group about how it saw its participation in the context of the Annual Forum. Italy, while noting that dietary routines had a role in the diffusion of non-communicable diseases, noted that Mr. Grover’s report was based on the notion of “unhealthy foods” for which there was no agreed definition. Concerning business and human rights, the Guiding Principles were one of Italy’s priorities at the international level; the Forum must be a space of dialogue and understanding and private sector participation should be enhanced. El Salvador health was a public good and a fundamental human right to which all persons should have unrestricted access, and nutrition was also fundamental. It was necessary to develop public policies that widened the availability and accessibility of healthy food and efforts to this end were becoming an ethical requirement.
Sri Lanka said that it had taken various steps to control diet-related non-communicable diseases, including approaching the food industry for voluntary reduction of sugar and salt, initiation of healthy canteen policies in schools and was considering the colour labelling of food on the basis of their nutritional value. Namibia realized that more measures needed to be put in place to reduce the burden of diet-related non-communicable diseases and welcomed the call to the food and beverage industry to act more responsibly in the manufacturing of those goods. Egypt agreed that States had a responsibility to intervene through legislative and policy measures to reduce dietary related non-communicable diseases, ranging from raising awareness to applying concrete preventive measures to protect public health and adopting provisional policies that could include price regulations and incentives to small farmers.
Slovenia was alarmed by the increase in child obesity, particularly among low-income groups, and expressed hope that the food industry would support the efforts to limit the marketing of energy-dense foods to children. Philippines was preparing guidelines for a voluntary healthy food certification programme which would set health standards for processed food. Indonesia emphasized that non-communicable diseases were both a health and socioeconomic problem and that a multi-stakeholder approach was required to address the problem in a comprehensive manner. Indonesia expressed its support for the efforts to expedite the effective implementation of the Guiding Principles at the national level and was considering including its elements in the National Human Rights Plan for 2014-2018.
Germany said that human rights-compatible economic development would not come about by remote control. Space for civil society and human rights defenders and the meaningful participation of all concerned in the decision-making process were essential prerequisites for sustainable economic policy. United Kingdom supported the approach taken by the Working Group to develop concrete guidance to support the development of action plans. It agreed that States should actively engage with the work initiated by the Office of the High Commissioner for Human Rights-commissioned study on corporate liability for gross human rights abuses. United Nations Children’s Fund strongly supported the activities of the Working Group. At the same time, UNICEF emphasized the importance of considering children’s rights separately and as part of this important work. Children’s rights provided an additional lens through which to look at business and human rights.
United Arab Emirates expressed satisfaction vis-à-vis the recommendations presented by the Special Rapporteur on the highest attainable standard of mental and physical health, in relation to malnutrition and non-communicable diseases. Shortcomings in the health-related system had been made clear. Eritrea said that its laws provided that the State was under obligation to endeavour within the limits of its resources, to provide equitable health services to all its citizens. The Government had made significant investment in the health sector and provided free health services with nominal fees. Syria said that its Health Ministry had established a national strategy for food and among its objectives were non-communicable diseases due to malnutrition. Implementation depended on the current situation in Syria. Economic sanctions were hampering access to medicines and there was also the issue of the destruction of health centres to contend with.
Paraguay, concerning the right to health, took note with concern of the negative consequences of an unbalanced diet and recognised the burden represented by non-communicable diseases to sustainable development. Prevention should be included in national health strategies and public policies. Paraguay agreed on the need to ensure access to healthy food without inequality. Malaysia reiterated its commitment to these two issues, noting the negative impact of non-communicable diseases on economic growth and development arising from food insecurity and the availability of high caloric unhealthy food products in developing countries. Malaysia counted with several policies and programmes, such as a national strategic plan for non-communicable diseases, to achieve and maintain the nutritional well-being of Malaysians. Brazil congratulated Mr. Grover for choosing such a relevant theme currently in the centre of the global health agenda. This issue should be dealt with in a multidisciplinary perspective, given its multiple determinants, including the promotion of universal health and education policies combined with social protection and income transfer mechanisms. Brazil also recognised States’ efforts to regulate advertising on foods, and commended Mr. Grover for his tenure including his work on access to medicines and intellectual property rights.
Saudi Arabia noted Mr. Grover’s recommendations, including the need for ensuring the availability of healthy food as well as the situation of particular groups, and attached great importance to ensuring the highest possible standard of health for its citizens. Saudi Arabia had created a public institution for food and medicines, which carried out research, established standards and promoted awareness. Venezuela said that Mr. Grover’s report established the links between unhealthy food items and nutrition-related non-communicable diseases which directly impacted the right to health. Venezuela counted with policies to ensure food security and improve the consumption of healthy food. Concerning business and human rights, Venezuela urged the Working Group to increase interlocutors’ participation and to undertake a study history of systematic violations committed by transnational corporations and to present these results in open consultations with States. Colombia stressed the assessment made by the Working Group on the achievements since the adoption of the Guiding Principles and expressed support for the renewal of its mandate. National plans constituted the best mechanism to implement the principles and their success depended on States’ will and freedom to develop international standards in accordance to their context and situation. Regional work, such as that carried out in Latin America towards to internalisation of the guiding principles, served as a catalyser of national processes and implementation.
Australia stated that its preferred approach was to actively educate, support and encourage Australians to adopt and maintain a healthy diet, rather than regulate. New dietary guidelines had been issued in 2013. States had to remain focused on building an understanding of the Protect, Respect and Remedy Framework and supporting its effective implementation. Iran firmly supported the main theme of Mr. Grover’s report that the policies of globalization played the key role in increasing the free flow of unhealthy foods between countries, which was a process largely driven by transnational corporations. The right to health had always had a central position in Iran’s national development plans. Canada said that real gains in human rights and human development were possible when Governments tackled corruption. Meaningful change was possible with a constructive engagement by all stakeholders, which was why active participation by private sector actors was necessary. The Guiding Principles marked the “end of the beginning”, but a lot remained to be done to operationalize them and apply them in a pragmatic manner.
Argentina agreed that the exercise of the right to health was linked to the right to healthy nutritional food. Since 2008, the Ministry of Health had had a comprehensive strategy on health risk factors and their prevention. Argentina had created a special investigation unit for crimes against humanity which were economically led. Ecuador stated that it had made a number of efforts to promote healthy dietary plans. Persons, communities and nationalities all had the right to healthy and affordable food. How many communications from the civil society had the Working Group received and how many had been positively answered? Viet Nam shared Mr. Grover’s view that the right to health was inextricably linked to the right to food, as well as non-communicable disease. States had a primary role to ensure access to the minimum essential food and ensure freedom from hunger for everyone. States also needed to create sustainable and inclusive growth and to address the challenges posed by globalization and the negative impact of transnational business.
Among the steps taken by Burkina Faso to ensure access to food that would guarantee the health of its citizens were the promotion of exclusive breastfeeding up to the age of six months, strengthening of competencies of health workers, and the drafting of a national food policy that aimed at ensuring food security. China strived to ensure food and nutritional security for its population of 1.3 billion and had in place a policy to ensure the per capita food intake to 2200 kCal by 2020. China accorded great importance to the Guiding Principles and said that developed countries in particular should ensure that their companies abided by its provisions and should also provide technical assistance to developing countries. South Africa said that the interventions recommended by Mr. Grover were much in line with national policy, where a number of initiatives were underway such as national school nutrition programmes, expansion of the network of existing food distributions, support for early childhood development, and others. It was regrettable that the Working Group in its report did not make any recommendations for trans-national corporations to bear direct responsibility for human rights abuses and non-compliance with national laws, including adequate remedies and compensation systems for victims and their families.
United States stressed that a critical element of the effective prevention programming on non-communicable diseases was the recognition to tackle the social, economic and environmental determinants of health and said that every Government could play a positive role in ensuring a healthy future for its children. Launching of the treaty process on business and human rights would challenge the global commitment to and distract from efforts to implement the Guiding Principles, and so undermine years of important work. Holy See stressed that profit could not be the only rationale of business activity; transnational corporations were part of the human family, and their activity should abide by human rights standards. A binding instrument would raise moral standards and change the way international corporations understood their role and activities. Denmark said that its Action Plan published in March 2014 provided an overview of the initiatives already taken to implement the Guiding Principles and included new policy initiatives, regulatory instruments and guidance for companies on how to conduct due diligence and respect human rights. Denmark had also established a mediation and complaint-handling institution for responsible business conduct.
World Health Organization said that much progress had been made but significant challenges remained. Access to adequate, safe and nutritious food had to be ensured through efficient, sustainable and nutrition-enhancing food systems. Food systems had to promote healthy dietary patterns by providing year-round access to safe and nutritious foods, while limiting consumption of processed foods.
India said it was important to ensure that regulations did not unduly burden small-scale industries or discourage the inflow of investments to developing countries. It welcomed the recommendation of the Special Rapporteur calling for concrete measures from transnational cooperations and the food industry to refrain from advertising unhealthy foods. Bangladesh said that while it acknowledged that it was the primary responsibility of Governments to ensure access to food, it was also important for other multi-stakeholders to behave responsibly. Bangladesh emphasised the importance to provide for nutritious food which was culturally and religiously acceptable.
France enquired as to what methods could be recommended to involve non-state actors in the promotion of access to a healthy and balanced diet? France reiterated its commitment to the implementation of the Guiding Principles on Business and Human Rights and all States were encouraged to move forward towards their effective implementation. International Labour Office was pleased to inform that the International Labour Conference had adopted a Protocol with a recommendation to strengthen efforts world-wide to eliminate forced labour and human trafficking, including in business operations. The International Labour Office looked forward to increasing its collaboration with the Working Group. Cuba was interested in the content of the report of the Working Group, and its initiatives to disseminate and implement the Guiding Principles on Business and Human Rights. It acknowledged discussion on the possibility of a legally binding instrument; however it was of the view that an intergovernmental process should have been initiated, which would allow for a conclusion with a document of that type.
Bolivia valued the holding of a regional forum in Medelin, which had created an opportunity for discussions between the Government, businesses and civil society. A legally binding instrument should be negotiated on the basis of the Guiding Principles, and the right to just remedy had to be exercised. Belgium agreed with the Working Group that a process leading to a legally binding instrument should not be immediately launched. The broad sphere of business and human rights could not be covered by a single treaty. Belgium believed in the importance of national action plans on the subject matter, which was something Belgium was doing at the moment. Sudan stated that it attached the highest importance to the issues of health and food, which were addressed by all of the country’s agricultural programmes. Sudan, as a country where agriculture played a crucial role in the economy, placed importance on providing food that was affordable and safe.
Switzerland asked the Working Group whether the finalization and publication of the guide could be completed before the end of 2016. The proposed roadmap should help States implement the Guiding Principles as soon as possible. It was also important to continue the harmonization of the Guiding Principles with international legal instruments. Thailand believed that it was imperative for States to undertake efforts to combat non-communicable diseases, especially through promoting access to healthier food options, awareness raising and promoting physical activity. The Guiding Principles should be translated into practice, particularly at the national level through capacity building. Qatar attached growing importance to the issue of human rights and the questions of equity and fairness. It was a strategic choice for Qatar, and a cornerstone for the exhaustive reform underway in Qatar. The national working group brought together all stakeholders to raise awareness of the links between businesses and human rights.
Israel said that the conjunction of unhealthy food with the modern way of life was affecting general health. Israel took that problem seriously and had developed a number of educational initiatives in that regard. A pilot programme including distribution of fruits and vegetables in schools had also been recently conducted. Palestine said that in the occupied Palestine a number of Israeli and multinational corporations had linked their business operations to Israel’s settlements, enabling the illegal growth of settlements. Palestine welcomed the Working Group’s decision to address the issue of implementation of the Guiding Principles in conflict zones.
International Service for Human Rights said that human rights defenders were being criminalised and attacked for their work around the world. It called on the Working Group to emphasise the work of human rights defenders working on aspects of corporate responsibility. International Commission of Jurists, in a joint statement, said States had been slow to develop national frameworks for the implementation of the Guiding Principles and the revision of existing policies and regulations. Communities and individuals continued to suffer from violations and stronger regulatory frameworks were needed without delay.
Foodfirst Information and Action Network said that impunity was the rule amid violations perpetrated by transnational corporations or with their complicity. The Network advocated for the creation of an intergovernmental working group to draft a legally binding instrument that affirmed the applicability of human rights obligations to the operations of transnational corporations. Franciscans International, in a joint statement, said that the reality on the ground attested to the threat that industrial appropriation, consumption, and the pollution of water posed to the rights of the poorest and most marginalised, including the right to health. The Council’s Special Procedures were requested to engage in the post-2015 process and the contested human right to water and sanitation.
For use of the information media; not an official record
HRC14/064E