HUMAN RIGHTS COUNCIL REVIEWS MANDATES ON TRAFFICKING IN PERSONS AND ON RIGHT TO EDUCATION

The Human Rights Council this morning held review, rationalization and improvement processes for the mandates of the Special Rapporteur on trafficking in persons, especially in women and children, and the Special Rapporteur on the right to education.

At the beginning of the meeting, Olivier de Schutter, the Special Rapporteur on the right to food, briefed the Council about the High-Level Conference on World Food Security, held under the auspices of the Food and Agricultural Organization in Rome from 3 to 5 June. He said that human rights should be part of the panoply of solutions to the global food crisis. Human rights should be added to the focus of agriculture production. A third dimension which was Government accountability should also be added. This had been quite absent in the final declaration adopted at the High-Level Conference. It was also important to address the question of how to distribute and monitor the distribution of food.

At the Special Session on the negative impact of the worsening world food crisis on the realization of the right to food for all, which was held on 22 May, the Council asked the Special Rapporteur to attend the High-Level Conference and to brief the Council about his initial recommendations regarding actions required at all levels to promote, respect and protect the right to food and freedom from hunger in the midst of the current food crisis.

Germany, introducing the review, rationalization and improvement of mandate process for the Special Rapporteur on trafficking in persons, especially women and children, said that trafficking in persons was a violation of dignity and as such a clear violation of human rights. Much remained to be done on this topic. Addressing specifically trafficking for removal of organs and slavery was a necessity. Further, the root causes remained to be addressed.

The Philippines, which partnered with Germany as the main sponsors of the renewal of the mandate, said trafficking in persons, especially women and children, was a serious violation of human rights. Estimates indicated that hundreds of thousands of persons, the majority of whom were women and children, were victimized by human trafficking every year. The purpose and great value of this mandate was that it highlighted the human rights dimension of the problem.

Soussan Raadi-Azarakhchi, Director of the Special Procedures Division of the Office of the High Commissioner for Human Rights, giving an update on the activities of the Special Rapporteur on trafficking in persons, especially women and children, Sigma Huda, who could not be present at the session, said that three annual reports had been submitted by the Special Rapporteur during her mandate. She had also taken action on cases where laws and policies negatively impacted the human rights of trafficked persons. The Special Rapporteur had also undertaken country visits to Bosnia and Herzegovina and Lebanon in 2005 and to Bahrain, Oman and Qatar in 2006.

Speaking on the extension of the mandate were Slovenia on behalf of the European Union, Sri Lanka, Turkey, Belarus and Spain.

Portugal, introducing the mandate of the Special Rapporteur on the right to education, said that the widespread support for the mandate reflected a common understanding of the imperative need to continue the work to promote the protection and fulfilment of the right to education worldwide. Portugal encouraged the extension of the mandate and hoped the Council adopted the continuation of the mandate with consensus.

Tomas Ojea Quintana, Special Rapporteur on the right to education, reading out the statement of Vernor Munoz Villalobos, the former Special Rapporteur, said he had focused on the conceptual development of a common language for the right to education. He had continued the work stated in order to strengthen the human rights perspective in educational issues. He would continue to focus on advocating for an inclusive scheme of education for all and on the right to education for those in all forms of emergency situations.

Speaking on the renewal of this mandate were Chile of behalf of the Group of Latin American and Caribbean Countries, Slovenia on behalf of the European Union, Pakistan on behalf of the Organization of the Islamic Conference, Cuba, Turkey and Morocco. Pax Romana also provided a statement.

The Council today is holding three back-to-back meetings from 9 a.m. to 6 p.m. After holding two special events on the entry into force of the Convention on the Rights of Persons with Disabilities and on the draft UN guidelines for the appropriate use and conditions of alternative care for children, the Council will discuss follow-up to the Special Session on the situation of human rights in Myanmar, before holding a general debate on agenda item four on human rights situations that require the Council’s attention.

Statement by the Special Rapporteur on the Right to Food

OLIVIER DE SCHUTTER, Special Rapporteur on the right to food, in an update to the Human Rights Council on the High-Level Conference on World Food Security – The Challenges of Climate Change and Bioenergy, organised by the Food and Agriculture Organization and which took place in Rome from 3 to 5 June 2005, said that human rights should be part of the panoply of solutions to the global food crisis. Human rights should be added to the focus of agriculture production. A third dimension which was Government accountability should also be added. This had been quite absent in the final declaration adopted at the High-Level Conference. It was also important to address the question of how to distribute and monitor the distribution of food. It was also particularly important to include the human rights aspect in the debate; the High-Level Conference had not quite succeeded in doing so.

Another important document which had been discussed at the Conference was a comprehensive framework. It was an extremely interesting document, but human rights were quite absent from the picture. He would however continue his efforts to bring the right to adequate food into the international community’s response to the current global food crisis. Speaking on the discussions in the Conference, Mr. De Schutter mentioned that there had been a unanimous view on the need to boost production in order to address the inability of food production to meet the rise in population. In light of underinvestment and the past policies of financial institutions, there was now a need to reinvest in agriculture. But there were two views on how to increase productivity. One side favoured biotechnologies and large scale agricultural productions and an alternative view saw the need to support local farmers to help them improve their productivity. These were two very contradicting views.

Mr. De Schutter also underlined the fact that the participation of non-governmental organizations had been insufficient. He expressed regret that the international assessment for science technology and development had not even been mentioned in the final declaration in the framework of actions. He also said that he would give a follow-up on these issues to the Human Rights Council and would further follow the international response to the global food crisis. He would present a report to the ninth session of the Council.

Review, Rationalization and Improvement of Mandate of Special Rapporteur on Trafficking in Persons, Especially in Women and Children

BIRGITTA SIEFKER-EBERLE (Germany), introducing the review, rationalization and improvement of mandate process for the Special Rapporteur on trafficking in persons, especially women and children, said that trafficking in persons was a violation of dignity and as such a clear violation of human rights. At the United Nations General Assembly in 2000, a resolution was passed on a protocol established to stop these cases of exploitation from continuing. Examples of such cases were forced labour, slavery and removal of organs. In the Special Rapporteur’s reports to the Human Rights Council in 2004 there was special focus made on women and children. The Special Rapporteur had issued the report containing a thematic study on trafficking in persons; however, much remained to be done. Addressing specifically trafficking for removal of organs and slavery was a necessity. Further, the root causes remained to be addressed.

JESUS ENRIQUE G. GARCIA (Philippines) said the Philippines was glad to partner with Germany as the main sponsors of the renewal of this important mandate. Trafficking in persons, especially women and children, was a serious violation of human rights. Estimates indicated that hundreds of thousands of persons, the majority of whom were women and children, were victimized by human trafficking every year. The purpose and great value of this mandate was that it highlighted the human rights dimension of the problem. Regarding the future of the mandate, the Philippines defined factors that the mandate should focus on. It should investigate the factors that drive human trafficking. Gender and age sensitive approaches should be used in the work. It should be of concrete and practical benefit to governments. Best practices should be identified and shared. Gaps should be identified and measures suggested to close the gaps. The human rights of the victims of trafficking should continue to be of the utmost importance to the mandate. The Special Rapporteur could do much to raise awareness of the human rights dimension of the problem. The Philippines would seek consensus in the renewal of the mandate. The Philippines thanked the Office of the High Commissioner for Human Rights for their work on the issue.

SOUSSAN RAADI-AZARAKHCHI, Director of the Special Procedures Division, giving an update on the activities of the Special Rapporteur on trafficking in persons, especially women and children, who could not be present at the meeting, said that three annual reports had been submitted by the Special Rapporteur during her mandate. The first one contained her adopted work methods. The second report addressed the relationship between trafficking and the demand for commercial sexual exploitations. It addressed the concept of demand and the various methods used by Government and non-government actors to target the demand-side of trafficking. The third report provided a study of forced marriages and defined what it amounted to and its different existing forms. It also included recommendations and conclusions on how to protect and assist victims.

Ms. Raadi-Azarakhchi also noted that the Special Rapporteur had engaged in several communications with States on issues relating to violations committed against trafficked persons and on situations in which there had been a failure to protect their human rights, including ensuring adequate redress, medical, psychological, and other necessary social assistance. She had also taken action on cases where laws and policies negatively impacted the human rights of trafficked persons. All her communications had been sent to other Special Rapporteurs, especially the Special Rapporteur on child pornography and the Special Rapporteur on violence against women. The Special Rapporteur had also undertaken country visits to Bosnia and Herzegovina and Lebanon in 2005 and to Bahrain, Oman and Qatar in 2006.

DOMINIK FRELIH (Slovenia), speaking on behalf of the European Union, said that the European Union attached great importance to the mandate on trafficking in persons, especially women and children. This was not only about smuggling, the rights of a State were at hand. The mandate was about promoting and protecting the human rights of individuals. The application of the mandate was to identify best practices and guidelines. The Special Rapporteur needed to identify the root causes. The Special Rapporteur should work with relevant United Nations bodies, as well regional and national stakeholders to ensure that information was shared and relevant recommendations were made. The protection of these rights merited the attention of the Human Rights Council. The European Union hoped the mandate would be extended by consensus.

AMEER AJWAD OMER LEBBE (Sri Lanka) thanked the Special Rapporteur on trafficking and thanked Germany and the Philippines. Sri Lanka supported the renewal of the mandate. One of the most serious problems facing human rights today was human trafficking. The trafficking business generated billions of dollars and happened everywhere in the world. Much of it was tied to conflict. All forms of trafficking were banned in Sri Lanka. Any successful strategy to combat trafficking had to place the human rights of the victim at the centre. Most solutions needed to look at long term approaches. Survivours had to be empowered and had to be encouraged to move away from being victims in order to become autonomous human beings.

FATIH ULUSOY (Turkey) commended the work carried out by the Special Rapporteur. Turkey believed that the continuation of the mandate would be beneficial for all stakeholders. Although human trafficking was an old phenomenon, it posed today new challenges to everyone. It had become a major political, social and security problem. Organised crime involved in human trafficking had developed new tactics. A closer cooperation between Governments was needed.

EVGENY LAZAREV (Belarus) said that on June 3 2007, thematic debates were conducted, and the high level at which the debate was conducted was indicative of the growing attention to this matter. A comprehensive strategy must be detailed. Without this there was no way to effectively combat this issue. The review, rationalization and improvement of the mandate on trafficking in persons, especially women and children, was important, and the mandate’s interaction with States needed to be strengthened. The Special Representative should be more effective in the work by being able to make all recommendations on sex trafficking and trafficking of organs. An important aspect was the cooperation between the Special Representative and States. Legal instruments should be created to strengthen this effort. The mandate also needed to take into the account the interests of the victims.

SILVIA ESCOBAR (Spain) said combating human trafficking was a priority. A joint strategy had to be adopted. It was important to share best practises. Spain supported the extension of the mandate of the Special Rapporteur on trafficking in persons. The trafficking of children had also reached an extreme level. All levels of government were required to play a role in combating trafficking. Spain worked with all stakeholders to achieve this goal. Specific activities had to be adopted to combat the trafficking of minors. Training of professionals to deal with this issue was essential. This new form of slavery constituted a serious violation of human rights.

BIRGITTA SIEFKER-EBERLE (Germany), wrapping up the debate, thanked all delegations for their encouragement. Germany looked forward to the informal consultations and they also thanked those that had provided them with comments. Germany looked forward to an adoption by consensus of the resolution to renew the mandate.

Review, Rationalization and Improvement of Mandate of Special Rapporteur on the Right to Education

CARLOS PEREIRA MARQUES (Portugal), introducing the mandate of the Special Rapporteur on the right to education, said that the widespread support for the mandate reflected a common understanding of the imperative need to continue the work to promote the protection and fulfilment of the right to education worldwide. The Commission on Human Rights resolution 2004/25 should constitute the basis for the future work of this mechanism, as it provided the mandate with a concrete human rights framework, while giving the Special Rapporteur the necessary flexibility to address those issues which he considered to merit attention. This flexibility was indispensable in view of the new challenges that constantly arose in efforts put forth to effectively implement human rights in general and the right to education in particular.

The Special Rapporteur regularly participated in a number of conferences, panels and events organized by Government authorities, United Nations agencies, civil society organizations, academic institutions and trade unions.

Portugal said the number of children starting primary school had increased sharply since 2000, there were more girls in school than ever before and spending on education and aid had arisen. The Special Rapportuer’s role had contributed to this progress. However, much still had to be done. Seventy million children were out of school. As such there was a clear need to continue the work of the mandate, to ensure the promotion of this human right. The creation of the best strategies in combating this issue was important. Portugal encouraged the extension of the mandate and hoped the Council adopted the continuation of the mandate with consensus.

TOMAS OJEA QUINTANA, Special Rapporteur on the right to education, read out the statement of VERNOR MUNOZ VILLALOBOS, the former Special Rapporteur on the right to education. In 1998 the Human Rights Council established the mandate of the Special Rapporteur on the right to education. In 2004 the mandate was extended for three years. The Special Rapporteur was asked through resolutions of the Human Rights Council to report on the state of education. He had focused on the conceptual development of a common language for the right to education. He had continued the work stated in order to strengthen the human rights perspective in educational issues. He took on the core issues of his predecessor, like the right to encourage the need for fee education. This continuance ensured continuity. Since there was a conceptual framework, he looked at the exclusion from education of females, displaced persons, disabled people, and those affected by emergencies. He stressed the fact that just going to school was not enough to show equality of education. Traditional education was patriarchal. He would continue to focus on advocating for an inclusive scheme of education for all and on the right to education for those in all forms of emergency situations. He had carried out various field visits. The goal of the visits was to carry out an objective and balanced review of the status of education. Visits encouraged the adoption of best practices. He was invited to share his opinion on right to education at many fora. He would continue to try to continue analysing vulnerable groups which had been deprived of the right to education. Many issues were still pending which would form the future of the mandate, like further investigation of migratory, exploited children, and continued integration of a human rights based approach in looking at the quantity and quality of education. He thanked the Human Rights Council for its support.

RODRIGO DONOJO (Chile), speaking on behalf of Group of Latin American and Caribbean Countries (GRULAC), said GRULAC attached great importance to the right to education. Education was one of the best mechanisms to reduce inequalities of society, it was important to continue to address this issue. The work done by the Special Rapporteur was appreciated. The inclusion of a gender perspective was seen as a valuable contribution. The Group of Latin American and Caribbean Countries firmly supported the extension of the mandate for a three-year period.

DOMINIK FRELIH (Slovenia), speaking on behalf of the European Union, thanked the Special Rapporteur for his work so far. The European Union paid tribute to the memory of the first mandate holder, Katarina Tomasevski, who made a significant contribution to this work by creating a common language and mainstreaming the work into international bodies. She had a pioneering roll in enhancing and advocating this right. The European Union welcomed the cooperation of the mandate holder with Governments, inter-governmental agencies and relevant civil society actors in order working to identify practical ways to advance this at both the national and international levels. Ensuring the right to education for girls and boys with disabilities and during natural disasters would be a great contribution. Treating this right under an human rights perspective was important and much remained to be done; hundreds of millions of women and children lacked literacy and access to education. The European Union strongly supported the continuation of the mandate.

SYED ALI ASAD GILLANI (Pakistan), speaking on behalf of the Organization of the Islamic Conference, said the Organization of the Islamic Conference attached importance to the mandate of the Special Rapporteur on the right to education. The progressive realization of the right to education, including access to primary education and elimination of all forms of discrimination in education, were fundamental to this mandate. The Organization of the Islamic Conference felt that early identification of possible types and sources of financing for advisory services and technical cooperation in the field of access to primary education would be helpful in effective realization of the right to education. The Organization of the Islamic Conference supported continuation of the mandate.

YURI GALA (Cuba) said that in its resolution 1998/33, the Human Rights Commission had established the mandate of the Special Rapporteur on the right to education for an initial period for three years. Since then the Special Rapporteur had made a valuable contribution. The current Special Rapporteur had tackled various issues on the difficulties encountered in the realisation of this important right. The mandate had been renewed several times since then. After ten years this mandate was highly relevant for the United Nations System. The current new mandate holder had inherited the task to step up the work. He had produced a helpful analysis on the question of access to education for persons with disabilities and of access to education in conflict situation. Each of his reports had highlighted that much remained to be done. The continuation of the mandate was fully supported.

TUGBA SARAYONLU ETENSEL (Turkey) said that today education was not only regarded as a vehicle to invest in human beings and society but as a key to the enjoyment of many other rights. The right to education provided an ability for girls and women to exercise their rights. It safeguarded children against exploitative labour. It was a perquisite for an adequate standard of living. It was essential for persons to have the right to live with human dignity. Despite this, deficiencies and shortfalls existed in the implementation of the right to education. Access to education and quality education for all were far from reality in some parts of the world. In addressing these challenges the continuation to invest in a rights-based approach to education was vital. Since the establishment of the mandate in 1998, the Special Rapporteur on the right to education had been instrumental in enhancing the visibility of the rights-based approach to education. The mandate had contributed to clarifying the nature and scope of the right to education by defining corresponding human rights obligations. Turkey attached great importance to the mandate and supported its renewal.

HASSAN EL MKHANTAR (Morocco) said the right to education was a fundamental right. Morocco was working to ensure that all its citizens could enjoy this right. Morocco thanked the Special Rapporteur on the right to education on his work, which he carried out with professionalism. Morocco fully supported the extension of the mandate.

BUDI TJAHJONO, of Pax Romana, speaking on behalf of several NGOs1, said they considered that the right of education was one of the key mandates of the Special Procedures. The right to education could not be viewed as a lone right; it was linked to other rights, like the right to expression. In all its previous reports, the Special Rapporteur had identified the major obstacles impeding the full enjoyment of this right. The current mandate holder had emphasized the importance of the quality of education. The members of the Human Rights Council were called on to call for the renewal of the mandate and to accept his request for country visits.

CARLOS PEREIRA MARQUES (Portugal) thanked all delegates for their comments. It was clear that there was a common understanding to protect the right and fulfilment of the right to education, and Portugal was pleased to see that the discussion reflected this. Resolution 2004/25 by the Commission on Human Rights should constitute the framework for the work of the Special Rapporteur. This week an informative meeting was organized for the purpose of consultations and a background paper was created and distributed at the meeting. As such the need to extend the mandate had been established and recognized. The preservation of the Special Rapporteur abilities and work was important to promote education as a human right, not a service. It was also important that the Special Rapporteur continue to integrate the right to education into the operational activities of the United Nations bodies and agencies; and to cooperate with States, United Nations entities, intergovernmental organizations, non-governmental organizations and other civil society actors, in devising the best strategies and programmes it make it a reality for all person worldwide. Further, Portugal hoped the Council would agree on the extension by consensus.


1Joint statement on behalf of: Pax Romana; Federacion de Asociaciones de Defensa y Promocion de los Derechos Humanos; World Federation of United Nations Associations; Institute for Planetary Synthesis; International Organization for the Development of Freedom of Education (OIDEL); Soka Gakkai International; International Volunteerism Organization for Women, Education and Development; New Humanity.



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