HUMAN RIGHTS COUNCIL HEARS PRESENTATIONS ON INTERNATIONAL SOLIDARITY, CONTEMPORARY FORMS OF SLAVERY AND SALE OF CHILDREN

The Human Rights Council this afternoon heard presentations on human rights and international solidarity, contemporary forms of slavery and the sale of children, child prostitution and child pornography. It also heard a statement from the Minister of Foreign Affairs and Cooperation of Mauritania, and concluded its debate with the Special Rapporteur on the right to food on follow-up to the Special Session on the negative impact of the worsening of the world food crisis on the realization of the right to food for all.

Mohamed Mahmoud Ould Mohamedou, Minister of Foreign Affairs and Cooperation of Mauritania,
explained that the Islamic Republic of Mauritania was experiencing since August a phase of rectification that was supposed to bring an end to a persistent political crisis. After Mauritania had secured fundamental democratic processes from 2005 to 2007, they had subsequently been dismantled at the hands of a management characterized by political maneuvering, nepotism, corruption and misappropriation of public funds. An ensuing political crisis could have led the country to civil war and chaos. Therefore, the armed forces had taken power in order to remedy the situation. Now, Mauritania was aware of the importance to reinforce its democracy and was committed to organize free presidential elections.

Gulnara Shahinian, Special Rapporteur on contemporary forms of slavery, its causes and consequences, read out the report of Rudi Muhammad Riziki, the Independent Expert on human rights and international solidarity. She said that Mr. Riziki had identified three key areas of focus in international solidarity deemed important to explore in this mandate: international cooperation, global response to natural disasters, agricultural pests and diseases and third generation rights. The current report covered the area of international cooperation. In this report Mr. Riziki highlighted the preliminary steps towards preparation of a draft declaration on the right of peoples and individuals to international solidarity, all the while keeping in mind relevant Human Rights Council resolutions.

Ms. Shahinian, introducing her report, said that slavery was by no means a phenomenon that occurred in isolated regions, it occurred all over the world. She further noted that the existence of slavery impacted negatively on the social and economic fabric of societies thereby hindering development. In carrying out her duties she would strive to directly address the protection, prevention and the restoration of human rights and the dignity of victims of contemporary forms of slavery. An indispensable aspect of her overall strategy was raising awareness and enhancing knowledge to build understanding on modern forms of slavery. The eradication of slavery needed to be addressed in a programmatic, systematic and holistic way.

Najat M’Jid Maalla, Special Rapporteur on the sale of children, child prostitution and child pornography, said that, as she had just been mandated, it mainly gave an overview of the methodologies and the strategic axis which would guide her work during her mandate. It was important to first make clear which types of violations entered in her mandate as well as to establish a close collaboration with international organizations and local ones working with victims. Also, participation of children was thought to be crucial.

In the inter-active dialogue, speakers noted that the new mandate of the Special Rapporteur on contemporary forms of slavery provided an opportunity for a holistic approach to all forms of slavery. One of the most heinous forms of slavery was sexual exploitation and enslavement for such exploitation. As this topic was not covered by any other mandate, it fell directly under the purview of the mandate on contemporary forms of slavery. Regarding international solidarity, one speaker said that international solidarity and cooperation continued to be insufficient, conditioned and paternalistic. Another delegation reminded the Council that the situation of countries that were in a conflict or post-conflict situation had also to be taken into account and that they needed more help.

Speaking in the interactive dialogue were Egypt on behalf of the African Group, Chile on behalf of the Group of Latin American and Caribbean Countries, Pakistan on behalf of the Organization of the Islamic Conference, China, Nicaragua, Djibouti, Morocco, Ghana and Armenia.

At the beginning of the meeting, the Council concluded its debate with the Special Rapporteur on the right to food on follow-up to the Special Session on the negative impact of the worsening of the world food crisis on the realization of the right to food for all.

In his concluding remarks, Olivier De Schutter, Special Rapporteur on the right to food, said that in the next few months he wanted to present the Human Rights Council with thematic studies on food aid, on intellectual property rights, the role of private actors, bio technologies and genetically modified organisms, and climate change. He stated in all frankness that it could not be sustained that there had been no impact on the prices by bio-fuels. He advocated a human-rights-based approach and emphasized the importance of accountability.

In the general debate, countries noted that there was enough food to feed the world’s population and that action was needed to overcome obstacles. The impact of climate change on the food crises was underlined several times. Countries welcomed a human rights based approach to the world food crisis as it was suggested in the Special Rapporteur’s report.

Speaking on the issue were the delegations of the Russian Federation, Dominican Republic, Indonesia, Senegal, Bolivia, Nepal, Morocco, Venezuela, Luxembourg, Maldives, Turkey, Viet Nam, Philippines, the United Kingdom, Algeria, Sudan, Belgium, Bangladesh, Uganda, Chile, Yemen, South Africa, Malaysia, Iran, Switzerland, Italy and Uruguay.

The following non governmental organizations also took the floor on this issue: Europe Third World Center (joint statement), Caritas International (joint statement), North South XXI and International Federation of Rural Adult Catholic.

Peru exercised its right of reply.

When the Council meets on Friday, 12 September at 10 a.m., it will hold its annual discussion on the integration of a gender perspective in the work of the Council. It will continue the interactive debate on human rights and international solidarity, contemporary forms of slavery and the sale of children, child prostitution and child pornography at 3 p.m. on 12 September.

Statement by Minister for Foreign Affairs and Cooperation of Mauritania

MOHAMED MAHMOUD OULD MOHAMEDOU, Minister of Foreign Affairs and Cooperation of Mauritania, said that the Islamic Republic of Mauritania was experiencing since August a phase of rectification, led by the High Council of State under the Presidency of General Mohamed Ould Abdelaziz, the Head of State. This rectification was supposed to bring an end to a persistent political crisis and the blocking of institutions which had endangered the foundations of the State.

During the 2005-2007 transition, Mauritania had secured fundamental democratic processes. However, subsequently they had been dismantled at the hands of a management characterized by political maneuvering, nepotism, corruption and misappropriation of public funds. Although the new President had inherited a new Mauritania, he recreated the very conditions of a detestable authoritarianism which allowed for the traumatic emergence of terrorism in the country following a series of attacks between December last year and April of this year. A deep political crisis, which had begun over the former president’s reluctance to constitute investigative committees to organize hearings on the management of public funds as suggested by parliamentarians, could have led the country to civil war and chaos. Therefore, the armed forces took power in order to remedy the situation.

Now, Mauritania was aware of the importance to reinforce its democracy through a healthy implementation of its principles and values. In this spirit the High Council of State ensured the respect of civil and political liberties, as well as the full exercise by all other institutions of their powers and missions. Also, the High Council of State was committed to organize free presidential elections.

Reports on Human Rights and International Solidarity, Contemporary Slavery and Sale of Children, Child Prostitution and Child Pornography

The Council has before it the report of the Independent Expert on human rights and international solidarity, Rudi Muhammad Rizki (A/HRC/9/10), which focuses on international cooperation, as well as the preliminary steps towards development and preparation of a draft declaration on the right of peoples and individuals to international solidarity. On international cooperation, the report establishes the legal framework of international cooperation in human rights conventions and treaties and how the obligation of international cooperation has evolved in human rights instruments. As for the draft declaration, the Independent Expert intends to seek views and contributions from Governments, United Nations agencies, other relevant international organizations and non-governmental organizations in the discharge of his mandate through a draft questionnaire to solicit their input on the content, scope and nature of obligations for the promotion and protection of the rights of peoples and individuals to international solidarity. A copy of the draft questionnaire is attached in an annex to the report.

The Council has before it the report of the Special Rapporteur on contemporary forms of slavery, including its causes and consequences, Gulnara Shahinian (A/HRC/9/20), which looks at the definition, scope and legal framework for the mandate, and the Special Rapporteur’s methods of work – including raising awareness about contemporary forms of slavery and joint initiatives – as well as activities carried out since the appointment of the Special Rapporteur. The report recalls that the new mandate replaced the Working Group on Contemporary Forms of Slavery, and focuses, among others, on remedies which address the causes and consequences of contemporary forms of slavery, such as poverty, discrimination and conflict as well as the existence of demand factors and relevant measures to strengthen international cooperation. According to scholarly estimates, there are 27 million enslaved people throughout the world. The consultations with United Nations agencies, non-governmental organizations and other important actors helped to develop the Special Rapporteur’s thematic direction, which will focus on the causes and consequences of forced labour and how it has an impact on men, women and children. The Special Rapporteur says she will focus particularly on domestic labour and on child labour as it pertains to the economic exploitation of children. She will also strive to directly address the protection, prevention and the restoration of human rights and the dignity of victims of contemporary forms of slavery.

The Council has before it the annual report submitted by the Special Rapporteur on the sale of children, child prostitution and child pornography, Najat Maalla M’jid (A/HRC/9/21), the first report of Ms. Maalla M’jid to the Council, in which the new mandate-holder outlines her vision of the mandate. She provides an account of her activities since her appointment, defines the framework of her mandate, and sets out intended working methods and a detailed description of the methodology she intends to adopt in carrying out her mission. In a final chapter, the Special Rapporteur notes that it is as yet premature for her to present recommendations, setting out instead the major areas she will focus on: a better understanding of the situation of the sale of children, child prostitution and child pornography and of contributory factors; implementation of a comprehensive child protection system that ensures the best interest of the child and encompasses prevention and care as well as medical, psychological, social and legal support for child victims; and effective and concerted national, regional and international coordination and cooperation.

Presentation of Reports on Human Rights and International Solidarity, Contemporary Slavery and Sale of Children, Child Prostitution and Child Pornography

GULNARA SHAHINIAN, Special Rapporteur on Contemporary Forms of Slavery, reading out the report of RUDI MUHAMMAD RIZIKI, Independent Expert on Human Rights and International Solidarity, said in his previous reports Mr. Riziki had identified three key areas of focus in international solidarity deemed important to explore in this mandate: international cooperation, global response to natural disasters, agricultural pests and diseases and third generation rights. The current report covered the area of international cooperation. It had been essential to establish the legal framework of international cooperation in human rights conventions and treaties and how the obligation of international cooperation had evolved in human rights instruments. This had all been done with a view to develop a framework to analyse international solidarity and the content of the right of peoples and individuals to international solidarity.

The relationship between international solidarity and international cooperation, based on the foundation of shared responsibility, was an integral one with international cooperation as a core vehicle by which collective goals and the union of interests were achieved. The essence of international cooperation could be found in the purposes contained in the United Nations Charter and were firmly established within international human rights instruments. The evolving jurisprudence of various treaty bodies had also contributed to elaborating the nature and content of international cooperation.

The nature and scope of the obligation of international cooperation were briefly laid out in the report, namely the range of actions that fell broadly within the category of international cooperation in human rights instruments. In the report Mr. Riziki emphasized there was shared responsibility for development met by States’ national obligations and the obligations of international cooperation, facilitating global implementation. International cooperation was a much broader term and covered a much broader range of actions than international development assistance, with which it was often conflated. He expressed the wish to focus better on international cooperation and international solidarity specifically applied to responses to natural disasters in further work in his mandate.

In this report Mr. Riziki highlighted the preliminary steps towards preparation of a draft declaration on the right of peoples and individuals to international solidarity, all the while keeping in mind relevant Human Rights Council resolutions.

The mandate of human rights and international solidarity importantly highlighted the common and interdependent causes that the international community must strive to work towards, such as the Millennium Development Goals. It also focused attention on dire threats the world faced, such as the earthquake in China, cyclone Nargis, severe floods in India and recent hurricanes in the Atlantic. These threats had not only underscored the shared vulnerabilities but also showed that they must have a shared vision and means to combat these threats.

GULNARA SHAHINIAN, United Nations Special Rapporteur on Contemporary Forms of Slavery, its Causes and Consequences, said that slavery was by no means a phenomenon that occurred in isolated regions, it occurred all over the world. It did not discriminate based on religion, gender, age or economic status. They were all collectively responsible to end this pernicious and persistent problem. She further noted that the existence of slavery impacted negatively on the social and economic fabric of societies, thereby hindering development.

Ms. Shahinian identified areas of work that she would develop in her three year mandate. She planned to focus on the causes and consequence of forced labour, domestic labour and child labour as they pertained to the economic exploitation of children. Her work would also look at how these issues impacted on men, women and children.

In carrying out her duties, the Special Rapporteur said she would strive to directly address the protection, prevention and the restoration of human rights and the dignity of victims of contemporary forms of slavery. Cooperation was the key to effective development of work to combat slavery at the national, regional and international level. She would seek to have a multi-stakeholder approach which would ensure continuous dialogue with individuals, governments, national human rights institutions, business, local civil society organizations, relevant UN country offices and regional intergovernmental organizations.

An indispensable aspect of her overall strategy was raising awareness and enhancing knowledge to build understanding on modern forms of slavery. Therefore, the coordination of work with other Special Rapporteurs would be important in order to avoid duplication of work and to facilitate carrying out joint country visits. She had already requested country visits to Uzbekistan, Brazil and Bangladesh since country visits were a unique opportunity to engage in dialogue with different stakeholders.

Ms. Shahinian concluded by stating that the eradication of slavery needed to be addressed in a programmatic, systematic and holistic way. To make separate programmes developed by several UN agencies effective, it was necessary to put the fight against slavery as a high priority and to mainstream anti-slavery programmes in the field. While increased ratification of United Nations and regional documents was encouraging, stronger political will was needed to enforce the law and introduce respective changes in national legislation.

NAJAT M’JID MAALLA, Special Rapporteur on the Sale of Children, Child Prostitution and Child Pornography, introducing her report, said that, as she had just been mandated, it mainly gave an overview of the methodologies and the strategic axis which would guide her work during her mandate. The strategic axis of orientation was derived from the results of the work of her predecessors, the Committee for the Rights of the Child, the United Nations’ study on violence against children, as well as the result of many talks she had carried out since her nomination. It was important to first make clear which types of violations entered in her mandate as well as to establish a close collaboration with international organizations and local ones working with victims.

Ms. Maalla said that she thought that it was necessary that all concerned partners would meet in a seminar which could help to identify the best means to come to a close and long lasting collaboration. Participation of children was also crucial. She would also integrate a gender dimension into her work as well as the international directives on HIV/AIDS. She further believed that the international treaties were an essential tool for States and non-governmental organizations and she would push in favour of the ratification of the Optional Protocol of the Convention on the Rights of the Child by States who had not done so yet.

Ms. Maalla noted that she would carry out the visits already planned by her predecessor so she would go to Estonia and Latvia in October. She had also contacted Chile, India and Thailand to renew the requests of her predecessor. She would conduct joint visits with the Special Rapporteur on contemporary forms of slavery and the Special Rapporteur on trafficking in persons. During her mandate she would stress the importance of an organized partnership with all relevant stakeholders: Governments, the United Nations system, treaty bodies and non-governmental organizations. She was also planning to participate, in November, to the Third World Congress on Sexual Exploitation of Children and Adolescents in Rio. At the present stage it was premature to give any recommendations; her next report would do so.

Interactive Dialogue on Reports on Human Rights and International Solidarity, Contemporary Slavery and Sale of Children, Child Prostitution and Child Pornography

AMR ROSHDY HASSAN (Egypt), speaking on behalf of the African Group, thanked the Special Rapporteur on contemporary forms of slavery for her report. The African Group attached the highest importance to the prevention and elimination of contemporary forms of slavery and agreed with the Special Rapporteur’s identification of forced labour and child labour as issues of most concern. The African Group welcomed the Special Rapporteur’s focus on children and noted the need to keep in mind the competence and the work the International Labour Organization was doing on the issue. The African Group noted that the new mandate provided an opportunity for a holistic approach to all forms of slavery. It also noted that prostitution was missing from the mandate and urged the Special Rapporteur to address this anomaly.

CARLOS PORTALES (Chile), speaking on behalf of the Group of Latin American and Caribbean Countries, said that the definition of working methods was particularly important, especially regarding a gender perspective and issues related to HIV/AIDS. The Group of Latin American and Caribbean Countries suggested several lines of action regarding the development of Ms. Maalla’s mandate, among others the information on child pornography and the development of a programme for the elimination of the criminalization of children victims of sexual exploitation in national legislation. She should also call on States to ratify the Optional Protocol to the Convention on the Rights of the Child and to develop minimal standards and procedures regarding the care for children that had been victims of sexual exploitation and pornography.

TEHMINA JANJUA (Pakistan), speaking on behalf of the Organization of the Islamic Conference, said that, on contemporary forms of slavery, the Organization of the Islamic Conference agreed with the Special Rapporteur on using her mandate for raising awareness on the issue. No one could contest that root causes and consequences of slavery had synergies with other human rights branches and that different forms of slavery were the result of long-standing discrimination against the most vulnerable groups in societies. Focus on gender and age groups was a welcome move. One of the most heinous forms of slavery was sexual exploitation and enslavement for such exploitation. This age old industry was taking more and more insidious forms. As this topic was not covered by any other mandate, it fell directly under the purview of the mandate on contemporary forms of slavery. It was hoped that this issue would not be ignored. Turning to child prostitution and pornography, it was underlined that this was an abhorrent practice and the Organization of the Islamic Conference thus strongly supported this mandate. The work of the Special Rapporteur to undertake an in-depth analysis of the socio-economic conditions and the factors leading to the sale of children was supported. It was difficult to develop an effective child-protection system, without the understanding of the underlying factors driving this practice.

Concerning international solidarity, the Organization of the Islamic Conference believed that effective international solidarity would have to be based on shared responsibility, mutual respect, cooperation and support. The spirit of mutual support and respect for national sovereignty had to be at the core of inter-State relations.

QIAN BO (China) said international solidarity was a human rights obligation, clearly provided for in the United Nations Charter. The world today was confronted with many challenges, such as climate change and the global food crisis, to name some and effective response would be possible only through international solidarity. China supported the work of the Independent Expert and the attention that the Human Rights Council had been giving to the issue. China attached great importance to the problem of the sale of children, child prostitution and child pornography. It had signed relevant international conventions and had been working on strengthening regional cooperation. At the national level, the Government addressed the issue through the closure of establishments, assistance to victims and combating the sale of children, which had seen a reduction in numbers compared to previous years.

CARLOS ROBELO RAFFONE (Nicaragua) said that Nicaragua had taken on as a priority the fight of poverty in the country. Nicaragua recognized that international solidarity was valuable. This cooperation however continued to be insufficient, conditioned and paternalistic. Nicaragua emphasized that it should not be seen as a gesture of charity but as a gesture of common responsibility. Also, how could they speak of international solidarity when there were unjust economical blockades? Nicaragua urged the Council to elaborate and adopt a declaration on the right of people and persons to international solidarity, based on equality and social justice.

AHMED MOHAMED ABRO (Djibouti) said that Djibouti had read the report of the Special Rapporteur on international solidarity. The Special Rapporteur had provided an analysis on the definition of solidarity which was anchored in the African values, but one had also to take into account the situation of countries that were in a conflict or post-conflict situations. These countries needed more help and a renewed solidarity from the international community to protect lives and to address the challenges for the realization of the Millennium Development Goals.

MOHAMMED LOULICHKI (Morocco) agreed with the Special Rapporteur that it was necessary to go beyond the mandate in order to effectively address problems of the sale of children, child prostitution and child pornography. Morocco shared the Special Rapporteur’s pragmatic approach and considered it necessary to achieve concrete and tangible results. These forms of exploitation of children required mobilisation of all aspects of societies, from local to international. Families and schools played a particularly important role and had to be supported by all other actors. Sensitisation of children from early childhood was found to reduce risks of exploitation – the fact particularly important for most developing nations, where one third of the population were children. Morocco had adapted national legislation to international standards and had established a special plan of action for children using a participatory approach and in consultation with communities.

MERCY YVONNE AMOAH (Ghana) noted that international cooperation, based on shared responsibility, was needed for the promotion and protection of human rights. In the context of the right to development, Ghana reiterated the duty of States to cooperate in ensuring development and eliminating obstacles to development, and the obligation of States to take steps to adopt policies that facilitated the full realisation of this right. Ghana saw international cooperation in a broad sense and encompassing the many substantive dimensions, ranging from transfer of resources, technical assistance and cooperation and good practice to the development of technologies. Ghana looked forward to further interaction with the Independent Expert during the process of preparing the draft declaration on the rights of people and individuals to international solidarity.

HASMIK SIMONYAN (Armenia) said that, on contemporary forms of slavery, slavery still posed a challenge, even 200 years after its abolition. There were 27 million enslaved people around the world. It remained a grave and persistent problem, even in the twenty-first century. The task with which the Special Rapporteur was faced with was complex. The Special Rapportuer had to ensure that she did not duplicate the work of other mandate holders. The need for constant consultation with all relevant stakeholders in identifying the main concerns was underlined.

Right of Reply

CARLOS ALBERTO CHOCANO BURGA (Peru) said in a right of reply regarding the statement of a non-governmental organization that the intention of the norms in question was to overcome the unjust discrimination suffered by indigenous peoples. Also reconciliation was suggested and a wide range of consultations were arranged. These unfortunately failed. The law under the former President was also adopted without consultation with the indigenous peoples in the mountains. Peru had issued an open invitation to all the Special Procedures to visit the country.

Continuation of the Interactive Dialogue on Follow-Up to the Special Session on the Negative Impact of the World Food Crisis on the Right to Food

ALEXANDER MATVEEV (Russian Federation) said that the report of the Special Rapporteur correctly identified the causes of the current food crises. At this stage, the right to food had to be considered as a component of human rights. This fell directly from the key international treaties and conventions, as well as the United Nations Charter itself. The Russian Federation supported the main recommendations of the Special Rapporteur. States had to be encouraged to implement national policies that would help to address the crisis. These recommendations had to be applied to all States, as well as to the World Bank and the International Monetary Fund. The means must not be confused with the ends; this was not always well understood. Enforcing liberalization polices on countries, as advocated at the World Trade Organisation, could not help to resolve the problem. One should rather be guided by the interest of the real people.

YSSET ROMAN MALDONADO (Dominican Republic) thanked the Special Rapporteur on the right to food for his report and the wealth of information therein provided. Food prices represented a clear threat to developing and least-developed countries, most of them dependent on their agricultural sectors, vulnerable to natural disasters. Least-developed countries could not be left alone in responding to the global food crisis and needed urgent support of the international community. The President of Dominican Republic had suggested establishment of the international solidarity fund for least-developed countries, which would support their agricultural production. This fund could be replenished by the United Nations Member States through the increase in their Official Development Assistance that they had already committed to. The Dominican Republic outlined the concrete measures its Government had been taking in combating the impact of the global food crisis, including food distribution programmes for vulnerable families, the Food First programme, directly supported by the President, which responded to the nutritional emergencies of the poorest parts of the population.

BENNY YAN PIETER SIAHAAN (Indonesia) said that a human rights framework must be put devised and set up which took into account the circumstances of the poorest and most vulnerable people who should also have a voice in its elaboration. Such a framework must be fully integrated throughout the United Nations system and all other relevant organizations. Indonesia asked the Special Rapporteur what his views were on the best ways to influence the markets positively and to promote a more ethical and responsible attitude among the financial and industrial movers, given the obvious attractions of speculation and profit.

BABACAR CARLOS MBAYE (Senegal) said that the Special Rapporteur had presented a rich and detailed report. In the view of Senegal, the Special Rapporteur had done a good job. The role of the Council had to be clearly defined in the work for the construction of a world partnership for agriculture and food. It sometimes became utopian to ensure the right to health and education. Senegal had started to implement an ambitious agricultural programme, which should make agriculture a driving force in the country.

MAYSA URENA MENACHO (Bolivia) paid tribute to the work and devotion of the Special Rapporteur on the right to food in identifying roots of the global food crisis. International treaties agreed with the recommendations to the Council to address the food problem from a human rights perspective. Implementation of the right to food must be achieved to protect the neediest persons. Bolivia had been promoting its new Constitution, which recognised the responsibility of the State to guarantee food security to its population. Bolivia agreed with the Special Rapporteur in highlighting the unequal economic distribution in the food chain that affected the two poles: producers and consumers, in which intermediaries had been enriched. Those intermediaries were mainly large private companies that enjoyed support of some multilateral organizations that needed not be named here. Bolivia tried to correct these injustices, which affected the interest of the intermediaries and as a consequence, Bolivia had been suffering from a bad reputation.

DINESH BHATTARAI (Nepal) said that the human rights dimension of the food crisis signaled the international community’s collective failure to fulfill the most fundamental human right: the right to food. The crisis had undermined the fight against poverty and posed a challenge to progress toward the realization of the Millennium Development Goals on the eradication of extreme poverty and hunger. The crisis had its roots in the shortcomings of the current development model. Nepal added that there was a need for a comprehensive strategy for a global fight against hunger and deprivation. This strategy should range from feeding the world’s poor to creating an infrastructure to increase food production and other measures.

MOHAMMED LOULICHKI (Morocco) said that the eruption of the world food crisis and the spectacular increase of energy prices had taken the entire international community by surprise. Bio fuel production should be the subject of strict regulation. Arable land should first and foremost be used for food production. Morocco had already recognised the importance of elaborating strategies at the national level and had thus adopted the “Green Morocco Plan”. It aimed at realising an ambitious agricultural development process.

GERMAN MUNDARAIN HERNANDEZ (Venezuela) noted that the right to food was closely linked to the right to life and reiterated the obligation of States to guarantee the right to food to their people, particularly to the most vulnerable. Venezuela agreed with the Special Rapporteur on the right to food that developing human rights-based food security frameworks was necessary. The solution to the global food crisis was in the commitment of States to the right to food and their responsibility to provide technical and financial assistance to farmers, to ensure the population had access to a food distribution network. Venezuela noted that its low-cost food distribution programme, that did not include any intermediaries, had been reaching large parts of the population.

CHRISTINE GOY (Luxembourg) recalled key elements regarding the right to food, among others the key role of bio-diversity. Luxembourg stressed that each country of the world should organize its agriculture as it sees fit. An agricultural sovereignty should be respected, as well as the obligation not to disorganize the agriculture of another region. To this end, export subsidies of developed countries should to be tackled.

ABDUL GHAFOOR MOHAMED (Maldives) said that the Maldives as a small island nation lacked suitable cultivable land, and had poor soil conditions and a shortage of fresh water for irrigation, which made agricultural development relatively limited in the country. Therefore, they had to heavily rely on food imports, and were especially vulnerable to the shortages of food supplies and the related rise in world food prices. This also hindered the achievement of the Millennium Development Goals. The Maldives recognized the important discussions that had taken place at the High-Level Conference on World Food Security. Climate change was also believed to be central to the discussion on food security. The Council should thus consider their proposal for the Special Rapporteur to attend the meeting of the Conference of Parties of the United Nations Framework Convention on Climate Change in 2009 to ensure the inclusion of a right to food dimension in that discussion.

ALI ONANER (Turkey) noted that the world continued to consume more than it produced. The significant rise of prices caused by food shortages affected millions of people, hardest hit being the poorest. Turkey noted that the global food crisis undermined the efforts toward the realization of the right to food for all. While working out medium and long-term policies, human rights aspects of the crisis had to be taken into consideration. Turkey had supported the Cuban initiative to hold a Special Session in May 2008 and had co-sponsored the resolution adopted at that session. Turkey believed that all necessary measures had to be taken to ensure realization of the right to food as an essential human rights objective.

Unilateral measures had proven ineffective in tackling the crisis and even counterproductive on a global scale and Turkey agreed with Special Rapporteur that responses at the national and international level had to be mutually reinforcing. The Council should continue raising public awareness about the magnitude and the human rights dimension of the food problem and sensitize all stakeholders.

VU ANH QUANG (Viet Nam) confirmed that Viet Nam would continue its efforts to contribute to a stable global food supply. In the past months, Viet Nam had signed rice exporting contracts with several Asian and African partners and expected to export at least 4.5 million tons of rice this year. Also, Viet Nam had been strongly involved in technology transfer and technical cooperation under the framework of the South-South Cooperation Programme.

DENIS Y. LEPATAN (Philippines) said that the Philippines appreciated the many insights and practical recommendations the Special Rapporteur had put forward in his report. In their statement during the Special Session on the right to food, the Philippines had underscored that vulnerable groups and the poorest members of society were those most adversely affected by the rise in food and oil prices. The statistics presented by the Special Rapporteur were indeed disturbing. The realization of the right to food had to be a central factor in national and international efforts to alleviate the situation. The Philippines had responded through a number of institutional and policy measures. The Government was making rice available at lower costs and maintained rice buffer stocks. Actions at the national level could have international repercussions. All States had an obligation to fulfil the right to food through international cooperation. Unfair economic policies and agricultural subsidies had detrimental effects on the right to food in developing countries. The long-term goal of the international community should be to increase productivity and development in developing countries.

EMMA FRASER (United Kingdom) shared the view of the Special Rapporteur on the right to food that there was enough food in the world, and what was problematic was its distribution. The United Kingdom was committed to tackling this important issue. Short–term, long–term, or systemic, the food crisis was a global problem that required attention and efforts of the international community as a whole. The United Kingdom welcomed the emphasis the Special Rapporteur had placed on the importance of the obligations of States to the promotion and protection of human rights and the importance of systems of accountability. The United Kingdom had provided significant support and resources to tackle the crisis, including the resources for humanitarian response and social protection in most affected countries. It further agreed with the Special Rapporteur in stating that the human rights framework called for adequate mapping of food insecurity, with particular attention to the needs of women and children and expressed its support to actors tackling this important problem. The United Kingdom wanted to see the Special Rapporteur focusing more attention on the human rights dimension of the problem and inquired about his views on his relationship with the Secretary-General’s Task Force of Food Crisis.

IDRISS JAZAIRY (Algeria) said that the agricultural capacity existed to feed the entire population of the globe. But there was a deficit of solidarity and fairness as was confirmed by the report of the Special Rapporteur. Algeria supported the Rapporteur’s view that the hypothetical availability of cheap food which could serve as compensation for the destruction of subsistence means of farmers in many developing countries was not a solution. Less revenue for farmers did not mean an end to hunger, to the contrary. Algeria thought the integration of human rights in the food crisis discussion was useful, as well as a code of conduct for a framework for speculation on staple food.

RAHMA SALIH ELOBIED (Sudan) said that Sudan had attentively followed the world food crisis. World Bank estimates had indicated that millions would be pushed into the lowest level of poverty. Many factors had been cited for the cause of the crisis. Sudan attached great importance to the crisis because it threatened world stability. Sudan had reinforced its agricultural sector and had fostered several partnerships with various Arab and African countries.

ALEX VAN MEEUWEN (Belgium) supported the holding of the Council’s first thematic Special Session on the global food crisis and deemed important to provide appropriate follow up. The report was an important step in integrating human rights in action plans aiming to resolve the global food crisis. Belgium agreed with the Special Rapporteur that States, both at national levels and through international cooperation, had the obligation to develop policies and national strategies to respond to food needs of their populations. It was not always the need to develop new strategies, Belgium noted, but rather the question of incorporating human rights dimensions into existing ones, notably in poverty eradication and food security strategies.

MUSTAFIZUR RAHMAN (Bangladesh) said that the causes of the crises were well known. Now, a sustainable solution was needed. This crisis had offered an opportunity to devise a strategy for the future and using a human rights framework would be useful. The choices the world made today would determine if humans could feed themselves tomorrow. Bangladesh thought that the Special Rapporteur’s recommendations needed consideration. Bangladesh had used safety net programmes, which were short-term measures. Now, they needed technology and know-how to produce more food. Bangladesh underscored the challenge posed by climate change to food security.

CISSY HELEN TALIWAKU (Uganda) said that the global food crisis had had a great impact on Least Developed Countries, particularly those in the African Region. In Uganda, the Government had had to grapple for the last 21 years with the insurgence led by rebels of the Lord’s Resistance Army who had committed some of the most horrendous crimes and had left 1.8 million people internally displaced. The Government had been engaged in peace talks and a programme for the gradual return of the people had been instituted. Unfortunately, the programme had been interrupted by floods when returnees had been expecting to start harvesting their first crop, leaving them without food. The northern part of the country had once been a food basket for the country, but in the interim had had to rely on handouts as a result of droughts and climate change. The Government had embarked on programmes to assist farmers to go into commercial farming and to improve food production through new technologies and farming methods.

CARLOS PORTALES (Chile) stressed the impact of national and international policies on food security and how they contributed or not to social protection networks. Chile agreed with the Special Rapporteur that the current situation, although being a crisis, also represented an opportunity to invest in agricultural production and to strengthen small and medium agricultural producers. Chile had been implementing policies that aimed to establish the country as a food power, lower the gap between different economic sectors, modernise public institutions, contribute to production of renewable energy and protect biodiversity. It agreed with the Special Rapporteur that in order to be effective in guaranteeing the food security, States needed to invest not only in food production but also in social protection networks. This represented the priority for Chile.

Chile informed the Council of the increase of international contributions to the Food and Agricultural Organization and said it wanted to see a more long-term view of the crisis in order to ensure it did not happen in the future. There was the need to eliminate protectionism and agricultural subsidies that distorted agricultural trade on the global level and thus achieve more just globalisation. Chile offered its technical cooperation in agricultural production and establishment of social protection networks.

FADHL AL-MAGHAFI (Yemen) said that the world food crises came after a long chain of economic crises. Also, drought, consequences of climate change and lack of technologies in developing countries were root causes. Developing countries and least developed countries, among them Yemen, were impacted greatly by the crisis. Yemen noted that the best way to combat poverty and promote the right to food was through international cooperation.

BEULAH NAIDOO (South Africa) highlighted some initiatives already in place within the African continent as part of addressing the food insecurity in the context of the New Partnership for Africa’s Development. The recent food crisis had necessitated some major agricultural reform processes to be undertaken within the African continent. The New Partnership for Africa’s Development’s comprehensive African Agricultural Development Programme enjoyed general consensus as a means to achieve food security and poverty alleviation. African countries were committed to implement the decision to allocate at least 10 percent of their national budgets to support this programme. The linkages between climate change and food security also had to be emphasized. Drought and desertification continued to pose a major threat to food security. The implementation of the United Nations Convention to Combat Desertification was also strongly encouraged.

JOHAN ARIFF ABDUL RAZAK (Malaysia) expressed Malaysia’s concern over the fact that the world food crisis had placed enormous strains, particularly on many developing countries that did not have substantial capacity in terms of funding, technology, research and development to adapt to the negative repercussions of this crisis. The global food crisis severely affected the achievement of the commitment to halve world hunger by 2015, which in turn impacted the promotion of the right to adequate food and life with dignity, free from hunger. Malaysia noted that the Special Rapporteur’s suggestion to adopt a human rights framework in order to identify the measures needed to respond to the current situation deserved serious consideration by the Council. National and international mechanisms pertaining to food security issues should be reviewed based on the present level of preparedness of the global community in facing the challenges and impact of the food security crisis. Malaysia believed this crisis must continue to be seen as an issue within the larger framework of sustainable development, as well as promotion of the right to development and the right to adequate food for all.

MOHAMMAD REZA GHAEBI (Iran) shared the regret expressed by the Special Rapporteur that so far discussion about possible solutions were not based on a human rights framework and approach. In Iran’s view, obstacles, such as economic and financial sanctions and unilateral coercive measures had a negative impact on economic and social development and the enjoyment of peoples and individuals of their human rights, particularly of the right to food. This required that the international community address these issues in a comprehensive manner.

ALEXANDRA RUPPEN (Switzerland) said that the recent crisis of food prices had had devastating effects. It was essential that measures taken by Governments and international organizations were coherent. Switzerland fully supported a human rights approach in addressing the food crisis. Switzerland welcomed the importance the Special Rapporteur attached to the right of everyone to have access to land. They had also taken note that the Special Rapporteur would tackle bio fuels and international trade polices in his upcoming reports and they were awaiting his findings in those two very much controversial issues. It was necessary to recall that already existing instruments had to take precedence over new international arrangements.

ROBERTO NOCELLA (Italy) noted that the global food crisis gained new dimensions when reaching urban areas. The outburst of urban riots for bread in the era of globalization needed a response and a fast capacity of adaptation to new circumstances. Italy said its Minister of Foreign Affairs had launched the idea of a new mechanism within the United Nations for the promotion of strategic food supplies. He had also outlined the need for new understanding on a more effective international agricultural architecture. Italy intended to include the issue of food security within the priorities to be worked on during its G8 presidency in 2009. Italy looked forward to hearing from the Special Rapporteur on the right to food specific proposals for cooperation and welcomed the opportunity to debate on the human rights dimension of the global food crisis.

GABRIEL WINTER KABRAN (Uruguay) said that Uruguay attached great importance to the goal of eradicating poverty and hunger. How could they not react if 25,000 people died per day because of hunger? As the Special Rapporteur’s report said, there were 852 million people living in a situation where the food supply was inadequate. It was therefore important to increase production. Regarding the relation between poverty and malnutrition it was true for his region that in South America there was no poverty and inequality, but poverty because of inequality.

MALIK OZDEN, of Europe-Third World Centre, in a joint statement with Movement against Racism and for Friendship among Peoples; and World Federation of Trade Unions, said that the causes of hunger and malnutrition were multiple, but the principal cause was the economic policies, particularly the agricultural polices. The report of the Special Rapporteur contained important recommendations, such as the necessity to help the traditional agriculture in guaranteeing access to land and equitable prices for its products. States had to collaborate between themselves. The infringement of the right to food also impacted on peace and stability. Finally, the Human Rights Council should consider the adoption of binding norms for the activities of transnational corporations.

FLORINA POLITO, of Caritas Internationalis (International Confederation of Catholic Charities), in a joint statement with several NGOs1,noted that the global food crisis, a result of many factors, could not be resolved without concerted action of all and immediate action by States, international organizations and civil society. Increasing agricultural production alone would not be enough to resolve the current crisis and it had to be accompanied with adequate national strategies aiming to protect the interests of small farmers and by guaranteeing the right to food to their populations. Caritas International expressed its serous concern about the increasing vulnerability of the poor and urged the Council to further examine the global food crisis using a human rights approach. Further, it reminded States of their obligations to protect, respect and guarantee the right to food. Caritas International also invited States and international institutions to listen to the poor and most vulnerable and to guarantee their participation in the preparation, implementation and evaluation of programmes in which they had a stake.

AHMAD SOUESSI, of North South XXI, said that it was imperative to reaffirm that everyone had the right to food. This principle was often ignored in practice. North South XXI also emphasized that a free market economy should not restrict access to food in developing countries. The Council should consider communicating its concern to the World Trade Organization and other concerned United Nations agencies with the request to re-examine the encouragement of competition to ensure that it was always consistent with human rights obligation of States, including the right to food. North South XXI also strongly supported forgiving the debt of poor countries.

PIERRE MIOT, of the International Federation of Rural Adult Catholic, said that the Special Session on the right to food had helped to stress several aspects of the crisis such as the gravity of the crisis, the necessity to address it in the view of a human right, the necessity to rethink the place of agriculture and of food in economic polices, and the responsibilities of financial institutions and transitional corporations. A new world food order had to be established or built. One important step was to ensure the right of people to feed themselves; a real universal right to food sovereignty had to be implemented. Further, the agricultural polices had to be at the center of the public policies of States.

Concluding Remarks by the Special Rapporteur on the Right to Food

OLIVIER DE SCHUTTER, Special Rapporteur on the Right to Food, said in his concluding remarks that in the next few months he wanted to present the Human Rights Council with thematic studies on food aid, on intellectual property rights, the role of private actors, bio technologies and genetically modified organisms, and climate change and how it affected the right to adequate food. Also, he wanted to continue monitoring the responses of States and international agencies to the global food crisis. There had been a short debate on agro-fuels, and the Special Rapporteur wanted to state in all frankness that it simply could not be credibly sustained that these agro-fuels had had no impact on the prices. But as his report clarified, not all crops were the same. Among others, large plantations, poor labour conditions and the marginalization of small farmers were of concern in that regard as well.

On land rights, Mr. De Schutter said the more prices increased, the more speculation on crop land increased, the more farmers would not be able to expand the surface they cultivated, and the more evictions were increased without compensation and he would work with other mandate holders on this issue. Some speakers said that human rights should be distinguished from humanitarian issues and development issues. Mr. De Schutter said he worked closely together with the Task Force set up under the Secretary-General on the global food crisis. Their role here was not to redo what was done in other fora. The Council should define the outside parameters since human rights did limit the scope of possibilities. Benchmarks for success could be identified to address food insecurity and hunger. He advocated a human-rights-based approach and emphasized the importance of accountability. Governments should not remain passive facing the food crisis. In this context, human rights were essential because they guided international efforts.


1Déclaration conjointe: Confédération internationale d'organismes catholiques d'action charitable et sociale; Bureau international catholique de l'enfance; Volontariat international femmes éducation et développement; Centro de Estudios sobre Migración de Nueva York; Fédération luthérienne mondiale; Action de Carême; Franciscain international; New Humanity; et Dominicains pour justice et paix.



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