HUMAN RIGHTS COUNCIL HOLDS INTERACTIVE DISCUSSION WITH EXPERTS ON WATER AND SANITATION, TOXIC WASTE AND INTERNATIONAL SOLIDARITY

The Human Rights Council this afternoon heard presentations from the Independent Expert on access to safe water and sanitation, and the Special Rapporteur on toxic wastes, after which it held an interactive discussion with the two Special Procedures, as well as with the Independent Expert on international solidarity, who presented his report on Wednesday, 16 September.

Catarina de Albuquerque, Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation, confirmed her conviction that sanitation indeed was a matter of human rights. One of the biggest obstacles in tackling the sanitation crisis was the taboo surrounding the issue, while 40 per cent of the world population suffered because they were uncomfortable to talk about this intimate and private matter. The report outlined specific human rights obligations of States in ensuring access to sanitation and made a number of recommendations, including adopting national action plans on sanitation, allocating resources and putting in place effective policy measures to combat discrimination and to ensure gender equality. There were many misconceptions surrounding human rights discourse as it related to sanitation which created unnecessary obstacles to the full enjoyment of human rights related to sanitation.

Okechuku Ibeanu, Special Rapporteur on the adverse effects of the movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights, said since the establishment of the mandate in 1995, considerable progress had been made in recognizing and addressing the adverse effects that the movement and dumping of toxic and dangerous products and wastes may have on the enjoyment of various human rights. Such progress became evident when one looked at the latest resolution adopted by the Human Rights Council on the mandate. The second report of the Special Rapporteur before the Council dealt with shipbreaking which was now a very important industry for developing countries. Whilst the practice of shipbreaking was potentially sustainable and recycling was in principle the best option for end-of-life vessels, the extremely poor working practices and environmental conditions prevailing in most shipbreaking yards continued to be a source of concern.

In the interactive discussion, speakers raised the issue of shipbreaking, which was an issue that required a global solution. While the report highlighted important human rights concerns related to the shipbreaking industries, a pragmatic and expeditious approach should be taken in rectifying the current situation. It was imperative for the international community to continue to assist the efforts of affected countries in grappling with the consequences of a number of incidents of dumping of toxic waste. A clear timetable and verifiable processes must be established for the elimination of the movement of toxic and dangerous wastes.

Speakers said that to treat sanitation as a distinct human right, there was a need for serious work, and the establishment of independent institutions - there were difficulties and challenges involved in this regard. States were not obliged to provide everyone with access to a sewerage system or provide individual facilities in every home - instead, obligations related to creation of an enabling environment, adoption of national action plans, raising public awareness, and a realisation of the human rights obligation to sanitation in a non-discriminatory manner, with special attention to disadvantaged groups and gender equality, among others.

Moving on to international solidarity, speakers said international cooperation was an essential element in international solidarity, and given the current situation, entailing the economic, financial and food crises, international solidarity and aid were indispensable. International solidarity was a duty upon the international community, Governments, institutions and individuals to share, as well as being a human right. International solidarity was a pre-condition and a fundamental principle of international regulations to achieve a peaceful, dignified, and secure future for all.

In concluding remarks, Rudi Muhammad Rizki, the Independent Expert on human rights and international solidarity, said international solidarity was essential, particularly for issues of trans-boundary nature such as child trafficking, waste dumping and others. As many States had pointed out, the report was just a starting point and the valuable comments made today would be taken into account. Answering the question from Indonesia, the Independent Expert said that all parties involved in the achievement of Millennium Development Goals must come together. The Goals were of utmost importance. The role of the private sector, such as corporate social responsibility, was often overlooked but it was now clearly recognised. (The presentation of the report of Mr. Rizki can be found in press release HRC/09/103 of 16 September).

Speaking as concerned countries were Costa Rica, Egypt, Côte d'Ivoire, and Netherlands.

Speaking in the interactive discussion were Sweden for the European Union, Spain, China, Germany, Cuba, India, Nigeria for the African Group, Norway, Brazil, Netherlands, Pakistan for the Organization of the Islamic Conference, Switzerland, Djibouti, European Commission, Ecuador, Italy, turkey, Venezuela, Indonesia, Kyrgyzstan, South Africa, Morocco, Chile, and Japan.

Also speaking were Provedoria for Human Rights and Justice, Norwegian Centre for Human Rights, and Network of African National Human Rights Institutions.

Non-governmental Organizations taking the floor were Amnesty International, Women’s International League for Peace and Freedom, International Federation of Human Rights Leagues, Centre Europe-Tiers Monde, Federation of Associations for the Defence and Promotion of Human Rights, International Institute of Non-Aligned Studies, International Club for Peace Research, International Educational Development, New Humanity, and North-South XXI.

Speaking in right of reply were Morocco and Algeria.

The next meeting of the Council will be at 10 a.m. on Friday, 18 September when it will hear a High Level Statement by the Minister of Justice of Bolivia (Estado Plurinacional de). It will then proceed with the follow-up to special sessions on the global food crisis and on the financial crisis.


Documentation

The Council has before it the report of the Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation, Catarina de Albuquerque (A/HRC/12/24), which focuses on human rights obligations related to sanitation. After reviewing the inextricable links between sanitation and a range of human rights, the independent expert concludes that an analysis of sanitation in a human rights context must go beyond linking it to other human rights, because this would fail to fully capture all of the dimensions of sanitation. She suggests that, although there is an ongoing discussion on whether sanitation should be recognized as a distinct right, recent developments at the international, regional and national levels demonstrate a trend towards recognition; specifically, considering the right to sanitation as an explicit component of the right to an adequate standard of living. While opinions may differ on whether to recognize sanitation as a distinct right, the independent expert asserts that there are clear human rights obligations related to sanitation because it is inextricably linked to, and indispensable for, the realization of many other human rights. She outlines a definition of sanitation in human rights terms, and explains the human rights obligations related to sanitation, as well as the content of those obligations. The report ends with conclusions and recommendations.

An addendum to the above report contains an account of the Independent Expert's visit to Costa Rica (A/HRC/12/24/Add.1) from 19 to 27 March 2009. The key themes of the visit were water contamination due to the lack of wastewater treatment, the significant disparities existing in the country with regard to access to potable water and sanitation, and the adverse impact of productive and tourism activities on the right of affected communities to have access to a safe water supply. The independent expert welcomes the significant progress made by Costa Rica in increasing access to water for human consumption and improved sanitation. Despite the progress made by Costa Rica with regard to access to safe drinking water and sanitation, several key challenges persist in these areas. The independent expert considers that the legal framework created by the 1946 Water Law for the management and use of water resources no longer takes account of the current social and economic situation of the country, and needs to be urgently revised and updated. Effective implementation of the legislation and policies on water and sanitation is also hindered by the fact that several institutions with competencies to monitor compliance with the existing normative framework do not have sufficient human, technical and financial resources to carry out their monitoring functions effectively.

A second addendum to the report contains a Draft Preliminary Note on the Independent Expert's Mission to Egypt (A/HRC/12/24/Add.2). From 21-28 June 2009, the independent expert conducted an official mission to Egypt, aiming to assess the way in which Egypt is implementing its human rights obligations related to access to safe drinking water and sanitation. The preliminary note presents some initial observations and recommendations about the situation of human rights, water and sanitation in Egypt. The independent expert will present a full report on her mission to Egypt when she next reports to the Council in 2010. Overall, Egypt has made remarkable progress in extending the water and, to a lesser extent, sanitation networks to reach virtually all cities and villages in the country. However, challenges remain from a human rights perspective, in particular with regard to the quality of drinking water, extending access to sanitation, some aspects of affordability, disparities in access to water and sanitation, as well as the reality of water scarcity in Egypt.

The Council also has before it the report of the Special Rapporteur on the adverse effects of the movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights, Okechukwu Ibeanu (A/HRC/12/26), which contains an update on the activities recently undertaken by the Special Rapporteur, as well as an analysis of the adverse effects of shipbreaking on the enjoyment of human rights by individuals who work in the shipbreaking yards or live in their close proximity. Every year, a great number of workers die or are seriously injured because of work-related accidents or occupational diseases related to long-term exposure to hazardous materials present on end-of-life ships. Workers do not usually receive any information or safety training. They live in makeshift facilities, which often lack basic minimum requirements such as sanitation, electricity and even drinking water. There is a general lack of medical facilities and social protection, and injured workers or their relatives hardly receive any compensation for work-related accidents resulting in fatal injuries or permanent disabilities. In the last decade or so, several organizations and mechanisms have contributed to developing an international regulatory framework culminating in the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships, adopted on 15 May 2009 under the auspices of the International Maritime Organization. Among recommendations, the Special Rapporteur calls on all relevant stakeholders, including shipbreaking States, flag States, the shipbreaking industry and international organizations, to consider adopting and implementing additional measures to address negative impacts of shipbreaking that are not covered by the new Convention.

An addendum to the report is a summary of communications, on a country-by-country basis, sent by the Special Rapporteur between 5 December 2007 and 30 June 2009, as well as responses from Governments received between 22 January 2008 and 18 August 2009.
Presentation of Reports

CATARINA DE ALBUQUERQUE, the Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation, said her report focused on the human rights obligations related to access to safe drinking water and sanitation. She would also give an account of her missions to Costa Rica and Egypt.

Ms. de Albuquerque expressed her thanks to the Government of Costa Rica for the invitation and said that the Government had developed a wide range of policies to protect access to drinking water and recognised access to drinking water as a human right. In terms of achieved results, Costa Rica had achieved considerable progress in increasing access to clean water and sanitation and was among the most advanced countries in Latin America. The Independent Expert thanked Costa Rica on the considerable investment made in water and sanitation. Some of the difficulties that required attention were the review of national laws and complex institutional network in order to clarify the division of roles and responsibilities. Effective implementation of laws had been hampered by lack of human and material resources. There was a concern about great differences in access to drinking water between rural and urban areas, and between marginalised groups such as indigenous people, migrants and the poor. Ms. de Albuquerque than underscored the difficulties arising from tourist development who put pressure on available water resources, which created conflicts with local populations.

On her mission to Egypt, the Independent Expert commended the Egyptian authorities for their efforts and dedication to ensuring access to water for everyone. The country sill faced some challenges with regard to the quality of drinking water, extending access to sanitation, affordability, the reality of water scarcity in the country, and disparities in access to water and sanitation between rural and urban areas and formal and informal habitations. The full report on the mission to Egypt would be presented to the Council next year.

On the thematic task of the collection of good practices, Ms. de Albuquerque said she first wanted to have in place a framework for assessing such practices from a human rights perspective and was organizing an expert meeting in Lisbon soon to assist in developing the criteria for inclusion. Expert and stakeholder meetings would be held too, and would contribute towards compilation of good practices. In her work on the Millennium Development Goals, Ms. de Albuquerque would consult with key actors working in this area to avoid duplication and to identify ways to best contribute a human rights perspective to this important political commitment.

The Independent Expert confirmed her conviction that sanitation indeed was a matter of human rights. The world was in the midst of sanitation crisis, she said, with 2.5 billion people still lacking access to improved sanitation and 1.2 billion still practising open defecation. Her report reviewed the impact of this sanitation crisis on the enjoyment of a wide range of human rights and proposed that access to sanitation be considered not only as a human rights imperative, but as a distinct human right in itself. The report argued that the world should understand sanitation as an implicit component of the right to an adequate standard of living as guaranteed in Article 25 of the Universal Declaration of Human Rights or Article 11 of the International Covenant on Economic, Social and Cultural Rights.

One of the biggest obstacles in tackling the sanitation crisis was the taboo surrounding the issue, while 40 per cent of the world population suffered because the world was uncomfortable to talk about this intimate and private matter. The report outlined specific human rights obligations of States in ensuring access to sanitation and made a number of recommendations, including adopting national action plans on sanitation, allocating resources, and putting in place effective policy measures to combat discrimination and ensure gender equality. There were many misconceptions surrounding human rights discourse as it related to sanitation which created unnecessary obstacles to the full enjoyment of human rights related to sanitation. Ms. de Albuquerque particularly thanked Germany and Spain for their unfailing support as cosponsors of the mandate.

OKECHUKWU IBEANU, Special Rapporteur on the adverse effects of the movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights, said since the establishment of the mandate in 1995 considerable progress had been made in recognizing and addressing the adverse effects that the movement and dumping of toxic and dangerous products and wastes may have on the enjoyment of various human rights. Such progress became evident when one looked at the latest resolution adopted by the Human Rights Council on the mandate. The Special Rapporteur was delighted to note that, as recommended earlier by him to the Council, resolution 9/1 extended the mandate for a further period of three years, also strengthening it so as to cover all movements and dumping of toxic and dangerous products and wastes. He also welcomed that, for the first time since the establishment of the mandate, the resolution had been adopted by consensus. This showed the serious commitment undertaken by the Human Rights Council to address the human rights impact of the transboundary movement and dumping of toxic and dangerous products and wastes.

The Special Rapporteur said that he would carry out an official visit to the Kyrgyz Republic in October 2009. The purpose was to examine the significant threats that uranium tailings dump sites and the large stocks of chemicals and hazardous wastes posed to the enjoyment of human rights of millions of people in Central Asia. He would also carry out an official mission to India in November 2009 and also planned to continue reminding the United Nations system about the need to adopt a human rights-based approach to the sound management and disposal of toxic and dangerous products and wastes. As for missions to Côte d’Ivoire and the Netherlands, conducted to investigate the August 2006 incident during which a ship dumped about 500 tons of toxic waste, the Special Rapporteur said there were fifteen deaths, sixty-nine hospitalized persons and 108,000 who received other forms of medical attention. In his first report before the Human Rights Council, the Special Rapporteur had made extensive recommendations in this regard. There also seemed to be strong prima facie evidence that the reported deaths and adverse health consequences were in fact related to the above-mentioned dumping. The Special Rapporteur called on the international community to continue assisting Côte d’Ivoire in grappling with the consequences of this incident.

The second report of the Special Rapporteur before the Council dealt with ship breaking which was now a very important industry for developing countries. Whilst the practice of shipbreaking was potentially sustainable and recycling was in principle the best option for end-of-life vessels, the extremely poor working practices and environmental conditions prevailing in most ship-breaking yards continued to be a source of concern. Around 600 end-of-life ships containing large amounts of toxic and hazardous substances and materials were sent to the beaches of South Asia every year, which generated high levels of pollution. Further, every year a great number of workers died or got seriously injured by work-related accidents or occupational diseases stemming from long-term exposure to hazardous materials present on end-of-life ships. The Special Rapporteur welcomed that several organizations and mechanisms had contributed to developing an international regulatory framework to address these serious concerns. The new Convention alone was however not sufficient and the Special Rapporteur called on all relevant stakeholders to consider adopting and implementing additional measures to address the hitherto uncovered negative consequences of shipbreaking.


Statements by Concerned Countries

EUGENIA GUTIERREZ RUIZ (Costa Rica), speaking as a concerned country, said the Independent Expert on human rights obligations related to access to drinking water and sanitation had visited Costa Rica, which was grateful for the Expert’s suggestions and ideas which would contribute considerably to the implementation by Costa Rica of its obligations. The report was serious, providing a general critical overview of legislation and of the situation of sanitation, as well as providing some recommendations. Many of the issues raised had already been identified as challenges by Costa Rica, particularly with regards to sanitation. There was a desperate need for a new law on sanitation, and the country had been making efforts to bring the legal system up to date in terms of obligations with regards to access to drinking water and sanitation, and this had led to a Bill on Hydrological Resources, which aimed to bring legislation up to date. Costa Rica did face a number of social, economic and environmental challenges, and water was a key issue in this regard, in particular in urban areas where a lack of infrastructure had led to considerable pollution of water, as residual water largely went into the river and other water systems, mainly without being treated. The solution for this problem was a high priority for the State. Supplementary mechanisms were being sought in response to the challenges with regards to access to drinking water and sanitation.

AHMED IHAB GAMALELDIN (Egypt), speaking as a concerned country, thanked the Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation and expressed its appreciation for the professional manner in which she had conducted her visit. Egypt attached the highest importance to the provision of safe drinking water and sanitation to its citizens and the issue was at the core of the Government’s policy. This was demonstrated by the numerous and continued statements of the President and Prime Minister of Egypt, stipulating that access to drinking water was treated as a matter of right and not merely a development objective. Egypt was pleased that many of the achievements of the Government in increasing access to safe drinking water and sanitation had been recognised by the Independent Expert. At the same time, Egypt recognized that challenges remained in order to consolidate and build on those achievements, such as addressing disparities between rural and urban areas, improving water quality and the issue of water scarcity. Egypt outlined a number of initiatives it had been undertaking to address these challenges, which included tripling of budget allocations for developing sanitation services over the next few years. With regard to the preliminary note on the Independent Expert’s visit, Egypt made some clarifications, including on the privatisation of water services provision, monitoring of water quality, and provision of water and sanitation services in informal settlements. Egypt considered the preliminary recommendations offered by the Independent Expert and a number of them were already in the phase of implementation or figured among declared policy objectives.

KOUAKOU KOUADIO (Côte d’Ivoire), speaking as a concerned country, said Côte d’Ivoire wished to reiterate the support of the Government and the people to the Special Rapporteur on the adverse effects of the movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights, to ensure that environmental catastrophes, such as that which had taken place in August 2006, would not be repeated. Côte d’Ivoire had read the report of the Special Rapporteur and welcomed its excellence and impartiality. Serious investigations in both Côte d’Ivoire and the Netherlands were carried out by the Special Rapporteur and his team. The report and its recommendations were very valuable and deserved further consideration within the work of the Human Rights Council. Movement and dumping of toxic waste was increasingly frequent and the time had come to think in greater depth about this issue and to come up with sound measures to control this problem. It was also necessary to analyze human right standards and laws for companies which had been dumping toxic products and wastes. Further, the Council should ask the Special Rapporteur to draft a set of guidelines for the correct management, disposal and movement of toxic waste. The Government of Côte d’Ivoire would be happy to collaborate with all interested parties to this effect.

SUSANNA TERSTAL (Netherlands), speaking as a concerned country, said with regards to the visit by the Special Rapporteur on toxic wastes, the report reflected the constructive mood that characterised the meetings with the Special Rapporteur. The Netherlands deeply regretted the events of 2006, where a wide number of third-party members had been involved in the dumping of waste in Côte d'Ivoire. Rigorous investigations had begun and proceedings were still ongoing. A legal framework to conduct investigations on ships was now in place. Closer coordination between Inspectorates had been developed and was now in practice. Against this background, the Netherlands welcomed the recommendations of the Special Rapporteur. On the recommendation to consider the creation of a financial mechanism on recycling costs, the Netherlands had not recognised that financial considerations caused the relocation of wastes to Côte d'Ivoire. The Netherlands would continue, on humanitarian grounds, to support national and international efforts to negate the effects of dumping of toxic waste, as it had done up to now. The Netherlands greatly valued the work of the Special Rapporteur on toxic wastes, and was ready to continue the dialogue and provide additional information on the case.

Interactive Discussion

HANS DAHLGREN (Sweden), speaking on behalf of the European Union, thanked the Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation for her report. With regard to her references to the important role of the private sector and non-state actors in contributing to the enjoyment of human rights as related to access to sanitation, the European Union asked about different aspects of this role. Also, the European Union would be pleased to hear more about the link between access to sanitation and discrimination, especially with regard to vulnerable groups. The Independent Expert had underlined the importance of broad participation of all concerned groups and the European Union asked to what extent individuals and groups could and should be included in planning processes.

The European Union also thanked the Special Rapporteur on the adverse effects of the movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights for his report and considered that it provided a useful summary of the issues. The European Union attached great importance to issues related to ship recycling and agreed with the Special Rapporteur that shipbreaking was an issue that required a global solution. The European Union asked a number of questions related to the report, including the Special Rapporteur’s views on ways that Member States of the International Maritime Organization might be further encouraged to ratify the Convention. The European Union welcomed the analysis provided by the Special Rapporteur on a number of human rights issues and urged all States to fulfil their obligations in this regard.

BEATRICE LORENZO DIDIC (Spain) said Spain welcomed the report of the Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation and thanked her for her report. It was very important that her mandate had been established. Spain had introduced a new draft resolution in this regard to the Council. Further, was it true that States had an obligation to provide for access of drinking water without any charge, Spain asked?

YAO SHAOJUN (China) said the world had entered into a period of crisis, and had to maintain solidarity and strengthen cooperation in this regard, and solidarity should be treated as a distinct human right, and the relevant definitions determined as soon as possible. Regarding sanitation and safe drinking water, these rights at present were subsumed under the right to housing and health, but sanitation was an important benchmark to achieve a decent life. To treat sanitation as a distinct human right, there was a need for serious work, and the establishment of independent institutions - there were difficulties and challenges involved in this regard.

REINHARD SCHWEPPE (Germany) thanked the Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation for her report and welcomed the clarifications related to access to sanitation. Germany appreciated the possibility to provide input into the discussion on the normative content of human rights obligations that had been created by the consultation. Germany asked further clarification on the report, such as the division of roles between public and private sectors in the provision of access to sanitation and about rarely mentioned potential financial benefits stemming from investments into sanitation.

MARGARITA VALLE (Cuba) said Cuba was grateful for the reports submitted by the Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation, the Special Rapporteur on the adverse effects of the movement and dumping of toxic and dangerous products and wastes, and the Independent Expert on human rights and international solidarity. Cuba however wished to concentrate on the report of Rudi Muhammad Rizki, the Independent Expert on human rights and international solidarity. Cuba attached greatest importance on the irreplaceable role of cooperation so as to protect and promote human rights. International cooperation was an essential element in international solidarity. Given the current situation, entailing the economic, financial and food crises, international solidarity and aid were indispensable. International solidarity was a duty upon the international community, Governments, institutions and individuals to share. It was with satisfaction that Cuba took note of Mr. Rizki’s conclusion that clearly pointed out the principle of international solidarity and thereby highlighted the main responsibility of developing instruments to measure the degree of solidarity. Finally, had the Independent Expert been able to progress on his work regarding guidelines and principles relating to international solidarity, Cuba asked.

SANJEEV KUMAR SINGLA (India) said the Independent Expert on safe drinking water and sanitation had elaborated the human rights obligations to provide safe drinking water and access to sanitation under existing human rights instruments, while acknowledging the absence of an internationally-accepted definition of sanitation and a consensus on whether sanitation should be recognised as a distinct human right. In doing so, she had proposed a working definition of sanitation, and had emphasised availability, quality, accessibility, affordability and cultural acceptability in the provision of sanitation services, and clarified what a State's human rights obligations on this issue were and were not. For instance, in her view, States were not obliged to provide everyone with access to a sewerage system or provide individual facilities in every home - instead, obligations related to creation of an enabling environment, adoption of national action plans, raising public awareness, and a realisation of the human rights obligation to sanitation in a non-discriminatory manner, with special attention to disadvantaged groups and gender equality, among others. Given the strong correlation between sanitation and human development indicators, this posed a major challenge for development goals. In India, the Government had taken this up as a matter or priority.

MARTIN IHOEGHIAN UHOMOIBHI (Nigeria), speaking on behalf of the African Group, commended the Special Rapporteur on the adverse effects of the movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights for the two comprehensive and incisive reports he had presented to the Council, which provided profound insights into the dangers of the movement of toxic and dangerous wastes to developing countries, especially in Africa. It was imperative for the international community to continue to assist the efforts of affected countries in grappling with the consequences of a number of incidents. The African Group believed that resolution 9/1 which had extended and strengthened the mandate of the Special Rapporteur, provided the international community with the impetus in addressing this complex problem. The African Group welcomed the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships and believed it presented a positive step towards creating an enforceable regulatory regime capable of ensuring that end-of-life ships did not pose unnecessary risks to human health or environment. A clear timetable and verifiable processes must be established for the elimination of the movement of toxic and dangerous wastes.

BENTE ANGELL-HANSEN (Norway) thanked Ms. Albuquerque on her report and said that the focus on sanitation was supported by the dire fact that by surveying the progress of the Millennium Development Goal on water and sanitation, it was obvious the world was lagging most behind on the latter. Norway cautioned that the issue of subsidies should be treated as context specific. Establishing of standards should be sufficiently precise to give rise to identifiable and practicable rights and obligations and the report presented by the Independent Expert was helpful in that respect. Norway supported the recommendation of the Independent Expert to secure a broader recognition of sanitation as a distinct human right. The responsibility for supply of water and sanitation rested not only with individual States, but with donors as well, as a part of realization of relevant Millennium Development Goal. Norway pointed to the fact that, while the right to water was gender neutral, the division of labour with regard to household chores was highly gender dependent. Unless the gender patterns of access, use and control of water were taken into account, water legislation and policies might leave existing gender inequalities in place.

RUI ANTONIO JUCA PINHEIRO DE VASCONCELLOS (Brazil) said Brazil welcomed the report presented by the Special Rapporteur on international solidarity which correctly concluded that there was ample and unequivocal evidence of the existence of a principle of international solidarity in international law. Brazil shared the understanding that international cooperation was the core of this principle. It believed that the Human Rights Council should further explore the fundamental role cooperation could play in the implementation of human rights obligations. Brazil also commended the decision of the Independent Expert on water to prioritize access to sanitation in her report. Brazil was investing massively in universalizing access to sanitation, sewage systems and proper handling of solid waste. As the Independent Expert stated, speaking openly about such issues was crucial to realize the human rights related to them. Brazil saw access to sanitation as an important corollary to fundamental human rights. The discussion on whether access to sanitation and to drinkable water were human rights on their own, as acknowledged by the Independent Expert, was not crucial at the moment. Brazil also commended the Special Rapporteur on the adverse effects of the movement and dumping of toxic and dangerous products and wastes for his comprehensive report. It would like to highlight the importance of drawing the Council’s attention to the human rights impact of illegal movement and dumping of toxic waste and dangerous products and wastes. Brazil would appreciate to have updated information on the measures being taken to remediate the situation, and the level of support delivered to countries that suffered damage.

FRYTSKJE SIMONIS (Netherlands) said with regards to the report of the Special Rapporteur on access to safe drinking water and sanitation, the Netherlands strongly supported her mandate and work, and welcomed the report in which she rightly emphasised the importance of the human rights obligations regarding access to sanitation. The Netherlands had a comment: in her report, the Special Rapporteur encouraged States to support legal and political developments at all levels towards broader recognition of sanitation as a distinct human right, and she should elaborate on concrete ways in which States could do this.

ABRAR HUSSAIN HASHMI (Pakistan), speaking on behalf of the Organization of the Islamic Conference, said the Organization of the Islamic Conference appreciated the report on the adverse effects of the movement and dumping of toxic wastes, and the Special Rapporteur's endeavour to obtain first-hand knowledge in portraying the scientific, social and humanitarian facets of the problems associated with the shipbreaking industry was commendable, providing an insight into the compromised human rights of the workers in the industry. While the report highlighted important human rights concerns related to the shipbreaking industries, a pragmatic and expeditious approach should be taken in rectifying the current situation. To devise that approach, however, more thought and effort needed to be invested in understanding the politics and economics of the issue. On international solidarity, the well-argued findings of the report conformed to the long-standing view of Member States supporting this principle that there existed both hard and soft laws in support of the individuals and peoples' right to international solidarity, which notion was also linked with the notion of shared responsibility, which was important to fight common threats faced by the global community such as terrorism, poverty, disarmament, diseases and natural disasters. International solidarity was a pre-condition and a fundamental principle of international regulations to achieve a peaceful, dignified, and secure future for all.

ALEXANDRA RUPPEN (Switzerland) thanked the mandate holders for their statements and was particularly pleased that the Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation focused her report on sanitation. This issue was often forgotten and did not enjoy the needed visibility. With regard to the involvement of the private sector in provision of sanitation, Switzerland said private companies could play a very important role and had competencies to deal with economic, technical and environmental aspects of sanitation. Development of national plans for the provision of sanitation, as recommended by the Independent Expert, would make it easier to track progress and identify obstacles. Informal discussions about a resolution mentioned in the report were already initiated and Switzerland fully supported its sponsors.

ABBAS DAHER DJAMA (Djibouti) said Djibouti thanked the Independent Expert on international solidarity for the clarity and quality of his report. It shared his view regarding the urgency of international solidarity with a view to respond to the multiple crises that had touched all States in recent years. These crises further demonstrated the marginalization and exclusion of developing countries and underlined the interdependence between States and the need for a global solution. Turning to the report of the Special Rapporteur on the adverse effects of the movement and dumping of toxic and dangerous products and wastes, Djibouti was happy to learn about the adoption of the Hong Kong International Convention for the safe and Environmentally Sound Recycling of Ships. However, this Convention should not facilitate the concealment of responsibilities of each. Djibouti supported the Special Rapporteur’s recommendation to provide international assistance to countries possessing recycling stations of vessels so as to allow them to conform themselves to international norms.

JOELLE HIVONNET (European Commission) said the Special Rapporteur on toxic wastes shared some of the concerns and conclusions that the European Commission had expressed with regards to the safe and environmentally-sound dismantling of end-of-life ships. In particular, these views coincided on the importance of the adoption of the Hong Kong Convention for the Safe and Environmentally Sound Recycling of Ships, but at the same time on the need to call for additional measures to address negative consequences of shipbreaking that were not covered by the Convention. The European Commission looked forward to the Special Rapporteur's account and analysis of the ship-dismantling process in his next visits, and asked him to further elaborate on his recommendation to States and international organizations to provide assistance to yard owners in their endeavours to improve health and safety at work. With regards to the Independent Expert on water and sanitation, the European Commission was closely following her work, and wished her to further elaborate on the burden sharing among different institutions, including at the local level, for the realisation of the right to access to water and sanitation, including from the perspective of accountability.

MARIA DEL CARMEN VIVAR (Ecuador) thanked all mandate holders and particularly Ms. de Albourquerque who had been very successful in helping to clarify the relationship between human rights and sanitation. The Constitution of Ecuador made express reference to water as a fundamental right in itself. The Government of Ecuador took into account the recommendations made by the Independent Expert, particularly with regard to the need for sanitation services to be harmless, hygienic, socially and culturally acceptable and to guarantee dignity in a non-discriminatory manner. The Government directed its attention to reduction of poverty and elimination of inequity, and paid particular attention to the right to health, which was impossible to achieve without access to safe drinking water. It was of vital importance that sanitation was included in national budgets and that budgetary allocations were provided to this sector despite the economic crisis.

PASQUALE D'AVINO (Italy) thanked the Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation for her detailed report. Italy agreed with the Independent Expert that the issue of access to sanitation, although indispensable to development, was surrounded by many taboos. Italy appreciated the Independent Expert’s intellectual effort in framing the problem through the lens of a human rights approach. Italy would like to recall that among the final documents of the G8 was one which was especially devoted to a stronger G8-Africa partnership on water and sanitation with the objective of obtaining concrete results on the ground. What was the Independent Expert’s opinion with regards to the role and responsibilities of United Nations agencies and other international organizations in this field, and was there room for improvement, Italy asked, also asking whether the Independent Expert could further elaborate on possible means to achieve efficient public-private partnerships in the field of access to sanitation.

FATIH ULUSOY (Turkey) said the report of the Independent Expert on safe drinking water established the interrelation between sanitation and human rights, and provided a definition of sanitation. This work raised awareness of the importance of sanitation from a human rights perspective, and that it was the State's responsibility to provide access to sanitation services to all individuals without discrimination based on race, gender, ethnicity, religion or belief. The balance between the responsibility of States and other individuals should be considered receptively by all. Had the Independent Expert witnessed any interest from the international organizations and agencies on prioritising the sanitation issue in their activities? With regards to education, would the Independent Expert consider it useful to undertake a joint study with the Special Rapporteur on education on how the lack of sanitation and poor water affected school attendance? On the report of the Special Rapporteur on the adverse effects of the movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights, and specifically on shipbreaking, Turkey fully supported the swift entry into force of the new International Convention for the Safe and Environmentally Sound Recycling of Ships, which required an important level of investment by the shipbreaking States, which would in return significantly reduce the adverse effects of the industry on both human health and the environment, and should be ratified by all shipbreaking States.

ENZO BITETTO GAVILANES (Venezuela) expressed support for the mandate of the Independent Expert on human rights and international solidarity and said that Venezuela, together with other countries, promoted a model of regional cooperation and integration based on economic complementarity and solidarity between people. It had developed programmes and actions extending beyond the region, such as Mission Milagro that provided free eye care for the countries in the region, heart hospital providing free care, Yo si puedo literacy programme, and humanitarian programmes that provided assistance in case of disasters, to name some. Venezuela encouraged a frank and open dialogue on international solidarity, free from political interest and in the spirit of friendship and mutual respect.

DERSRA PERCAYA (Indonesia) said concerning the report of the Independent Expert on international solidarity, Indonesia believed it was timely that countries embraced international solidarity in order to combat the serious challenges. How could international solidarity best be adapted to help achieving the Millennium Development Goals that developing countries had committed themselves to, Indonesia asked. Regarding the report of the Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation, what could be done about the fact that “sanitation remained severely under-funded and neglected at all levels”, as noted by the Independent Expert, Indonesia asked. Finally, turning to the report by the Special Rapporteur on the adverse effects of the movement and dumping of toxic and dangerous products and wastes, Indonesia agreed with the Special Rapporteur’s suggestion that international organizations should promote regionally viable strategies which offered further technical support and assistance in the efforts to safely dispose of decommissioned ships.

MUKTAR DJUMALIEV (Kyrgyzstan) thanked all three mandate-holders and specifically welcomed the report of the Special Rapporteur on the adverse effects of the movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights. Successful implementation of plans presented by the Special Rapporteur would prevent future human rights violations and would facilitate international cooperation. The Special Rapporteur would visit Kyrgyzstan and discuss the problem of nuclear waste. Kyrgyzstan
drew the attention of the Special Rapporteur to the fact that the Government was already dealing with the problem of uranium tailing on different levels, national, regional and international. Uranium affected the health of the whole region, polluting water sources and putting the health of millions at risk. Countries of the Central Asian region had signed an agreement to increase cooperation on transport and handling of nuclear waste. Kyrgyzstan called upon the international community to continue to provide assistance to Central Asian countries with regard to uranium tailings and to assist them to improve monitoring and control access to contaminated areas by the population.

DAVID AZWIANENI MBEDZI (South Africa) said South Africa wished to reiterate its support for the mandate of the Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation. This mandate was even more critical as the 2015 Millennium Development Goals target date approached. South Africa strongly advocated for the general acceptance by the international community of the notion of justiciability of economic, social and cultural rights, which in South Africa’s view was compatible with the provisions of international human rights law. South Africa had also committed itself to very stringent targets to eradicate the sanitation backlog by 2014 so as to restore the dignity of those South Africans who did not have access to adequate sanitation.

COURTNEY MUSSER (United States) said the United States appreciated the work of the Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation and her framework on the complex interaction between sanitation and human rights was a crucial tool in understanding another aspect of this issue. The United States shared the conclusions of the Independent Expert that there were human rights obligations related to sanitation as it was inextricably linked with so many other rights, although they did not share more specific detailed conclusions, specifically the obligation of States elaborated in the report. The United States remained committed to providing tangible improvement around the work and thanked the Independent Expert for her continued engagement with the Council. The United States shared the concerns that the Special Rapporteur on the adverse effects of the movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights had expressed in his report. The United States believed the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships, in which negotiations it had actively participated, was a major step forward in addressing the problem.

MOHAMED ACHGALOU (Morocco) thanked the Independent Experts and the Special Rapporteur. Morocco particularly thanked the Independent Expert on human rights and international solidarity for his detailed report. This assessment was an important step forward and the report’s conclusions were close to the position of developing countries. The idea of basing international solidarity as a fundamental principle of international relations made Morocco hopeful for a peaceful future for all. The development of guidelines aiming at the promotion of the right of individuals to international solidarity was urgent to better harmonize international efforts. This required tangible solutions to provide international assistance to concerned countries. The objective was not to use the concept as a tool nor to misuse systems or exploit humanitarian crises for political purposes. Morocco had always helped the people of the South who suffered from hunger or diseases. This spirit of solidarity was born out with Morocco’s brothers from Palestine and its commitment would continue through South-South partnerships, particularly in Africa.

LUCIANO PARODI (Chile) appreciated the approach of the Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation and said that sanitation was essential for human development. Chile agreed with the Independent Expert’s opinion that enjoyment of many human rights depended on access to sanitation and lack of that access was often the result of discrimination and exclusion. Access to safe drinking water and sanitation had been included as a right in Chilean legislation. The provision of sanitation was the State’s obligation. In urban areas, some private operators provided those services in a regular and continued manner and they were monitored by national sanitation services. This enabled the country to avoid investments in infrastructure which were borne by the private sector and allowed the Government to invest in other sectors. Sanitation in rural areas had been organised around communities with the support of the State. Water and sanitation had always been a priority in Chile and the coverage with water and sanitation in urban areas was almost 100 per cent. Chile believed there was a need for exchange of national experiences and good practices and a need to establish practical criteria for access, quality, and non-discrimination.

AKIRA MATSUMOTO (Japan), with respect to the report of the Special Rapporteur on the adverse effects of the movement and dumping of toxic and dangerous products and wastes, said Japan welcomed the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships and appreciated the valuable efforts made by States concerned to produce it. There were provisions included to protect workers engaged in the ship dismantling industry in the Convention. Additionally, various relevant guidelines which supplemented the Convention were now being elaborated. Japan considered that these efforts were producing substantial progress. The Convention was a first step in dealing with the issue of the adverse effects of toxic and dangerous products and wastes and it deserved wide support. Japan hoped that the Convention came to be supported in a timely manner.

ROSALINA DE JESUS PIRES, of Provedoria for Human Rights and Justice, said the issue of access to water and sanitation in prisons in Timor-Leste remained a significant challenge. Sufficient budget allocations should be made to ensure access to water and sanitation, and they needed to go hand-in-hand with effective planning, implementation and monitoring strategy from the State. Provedoria for Human Rights and Justice supported the appeal of the Independent Expert to advance development of the right to water and sanitation and called upon the Secretary of State for Security of Timor-Leste to ensure a clear plan was designed and implemented to improve access to water and sanitation in detention throughout the country.

KATHERINA ROSE, of Norwegian Centre for Human Rights, welcomed the report of the Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation. While sanitation had not been at the forefront of the global human rights agenda, the Norwegian Centre for Human Rights demonstrated in a separate full paper submitted by the Secretariat that sanitation had actually received more attention than previously thought. The Norwegian Centre for Human Rights was also in agreement with the Independent Expert when she had pointed to the clear and rapid evolution of a distinct right to sanitation. However, it submitted that this did not involve the recognition of a new right as such. Further, States were required to strongly justify circumstances in which sanitation was not available in places such as schools, homes, hospitals and the like. Moreover, the Independent Expert could have given more attention to the allocation of resources in her report.

MAHYOUB EL HAIBA, of Network of African National Human Rights Institutions, said that the right to sanitation was essential for the realization of a number of Millennium Development Goals. Experience had shown that in schools where there was adequate sanitation for girls and boys, enrolment, retention, completion and transition were always high for girls compared to situations where sanitation was not provided. The lack of water and sanitation in Africa was particularly acute, both in rural and urban areas and the Network offered unreserved support to the proposal to formally recognise the right to sanitation as a human rights on its own merit.

ORLAITH MINOGUE, of Amnesty International, welcomed the report of the Special Rapporteur on the adverse effects of the movement and dumping of toxic and dangerous products and wastes. The dumping of toxic waste in Côte d’Ivoire in 2006 had had serious negative impacts on human rights and the failure to ensure full and complete decontamination of affected sites three years after the incident was deeply troubling. The examination of corporate human rights due diligence in this case was useful, but due diligence was primarily a tool for the willing and other measures were also needed to address those companies that were simply not interested in ensuring their operations respected human rights. Amnesty International would welcome the views of the Special Rapporteur on this issue in light of his assessment of the due diligence conducted by the company in this case.

CHARLOTTA PETTERSSON, of Women's International League for Peace and Freedom, on behalf of Europe-Third World Centre; Movement against Racism and for Friendship among Peoples; and Solar Cookers International,, thanked the Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation and urged all governments to incorporate the legislation of the International Covenant on Economic, Social and Cultural Rights in their constitutions. Ensuring the right to water was a matter of priority and they urged the Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation to look upon disarmament as a means to fulfil Millennium Development Goal 7.

SAMUEL DANSETTE, of World Organization against Torture, on behalf of International Federation of Human Rights Leagues (FIDH), said the Federation had been working for many years on the adverse human rights impacts of the shipbreaking industry. It also was an active member of the NGO platform on shipbreaking. The NGO platform on shipbreaking shared the analysis of the Special Rapporteur on a number of shortcomings of the International Maritime Organization. In particular, it deplored the fact that the ‘beaching method’ was not to be progressively banned under the current International Maritime Organization Convention. This might legitimize current practices including the human rights abuses that were inherent to these practices. The NGO platform on shipbreaking encouraged the Special Rapporteur to take part in the discussions of the Open-Ended Working Group of the Convention to ensure that human rights were duly taken into account when criteria were established to determine whether the new Maritime Organization Convention provided an equivalent level of control as that found in the Basel Convention.

MALIK OZDEN, of Europe-Third World Centre, in a joint statement with several NGOs1, commended the Special Rapporteur on the adverse effects of the movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights on his report and the analysis of the lacuna in the Convention he had provided. The Conventions were designed to manage toxic waste and they did not address the root causes or environmental aspects. In the context of the current economic crisis, States must take radical measures to protect environment for future generations and give priority to drastic regulation of production technologies.

DAVID FERNANDEZ, of Federación de Asociaciones de Defensa y Promoción de los Derechos Humanos, said they had been conducting a global campaign in collaboration with civil society for peace throughout the world. Whilst the global spending on military was increasing, this money should better be spent on activities in the social arena. The Council should also continue to promote human rights, peace and solidarity among all ethnic groups. It should also underline the importance of dialogue as a means to reach peace. They also invited all that were present to participate in the commemoration of the International Day of Peace which would be commemorated tomorrow at 3 p.m. in the Francisco de Vittoria Room of the Palais des Nations.

V.K. GRUPTA,of International Institute of Non-Aligned Studies, asked the Independent Expert on human rights and international solidarity about his views on the impact of global fundamentalist terrorism and action that was needed to curb the growth of terrorist groups in specific parts of the world. Among other issues highlighted were the situation of women and minorities, particularly in countries seeking to reshape their destiny in terms of one or another religion, and food security and global economic growth.

IVANA MORIC, of International Club for Peace Research, speaking on the report of the Independent Expert on human rights obligations related to access to safe drinking water and sanitation, said in a world of unprecedented wealth, almost two million children died each year for want of a glass of clean water and adequate sanitation. Millions of women and young girls were forced to spend hours collecting and carrying water. Water-borne infectious diseases were holding back poverty reduction and economic growth in some of the world’s poorest countries. The International Club for Peace Research also requested the Independent Expert to visit Pakistan and see the tap water conditions with which the people could not even wash their face.

KAREN PARKER, of International Educational Development, said International Educational Development was extremely encouraged by the direction and work of the Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation and the responses of both Egypt and Costa Rica to the missions carried by the Independent Expert. International Educational Development drew attention of the Council to the unique situation of internally displaced persons forced to reside in camps and asked the Independent Expert what she suggested regarding the issue of sanitation in the developing world in light of serious resource deficits and unwillingness of many Governments to share their wealth.

JORGE MANUEL, of New Humanity, speaking on the report of the Independent Expert on human rights and international solidarity, said with respect to the Independent Expert’s reference to the term “global solidarity”, this concept was strictly linked to the obligations to respect, protect and fulfill. New Humanity also underlined the importance of a new understanding of poverty, as it also suggested in its written statement. Poverty constituted a denial of human dignity and more work was still required in order to further analyze and advance the empirical links between human rights and extreme poverty. New Humanity very much stressed the importance of putting into practice the objectives of the mandate of the Independent Expert on the question of human rights and extreme poverty.

The Representative of Association of World Citizens, said that the basis of solidarity was in the international obligations of States that they had voluntarily undertaken. It obliged them to take action to assist other countries to develop and protect human rights. Solidarity could be exercised in many ways, as international cooperation, trade arrangements, adaptation to climate change, and others.


Concluding Remarks

CATARINA DE ALBUQUERQUE, the Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation, said she wished to thank all delegations for their comments and statements. She could not do justice to all questions this afternoon, but those which would not be answered now would be responded to in writing. Regarding the question concerning the price of sanitation, and whether States had an obligation to provide free sanitation, the Independent Expert said States only had an obligation to provide an enabling environment for such access. However, if they had the means to provide free sanitation, they should do so. Regarding the question relating to the role of the private sector, one such role could consist of providing people with access to sanitation; there would be a report on this next year. As for the question regarding costs and benefits of water and sanitation, sanitation did in fact cost money, and for each dollar invested, there was a productivity gain. Regarding the question on whether access to water and sanitation should be seen as a separate issue of human rights, the Independent Expert was of the opinion that this applied since it gave greater visibility to the subject, and also because it promoted pro-poor and non-discriminatory service provision. Regarding enquiries on the importance of participation, the Independent Expert said that participation was essential since it increased the chances for success and enabled a bottom-up as opposed to a top-down approach.

RUDI MUHAMMAD RIZKI, the Independent Expert on human rights and international solidarity, thanked the delegations for their contributions that provided good practices and examples. International solidarity was essential, particularly for issues of trans-boundary nature such as child trafficking, waste dumping and others. As many States had pointed out, the report was just a starting point and the valuable comments made today would be taken into account. Answering the question from Indonesia, the Independent Expert said that all parties involved in the achievement of Millennium Development Goals must come together. The Goals were of utmost importance. The role of private sectors, such as corporate social responsibility, was often overlooked but it was now clearly recognised.

OKECHUKWU IBEANU, Special Rapporteur on the adverse effects of the movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights, welcomed the call by Côte d’Ivoire to establish guidelines on the discussed issues. He in fact planned to work on this before the end of his mandate. Further, whilst the need for more efficient collaboration in the field of movement and dumping of toxic and dangerous products and wastes was an important principle, which he also discussed in his report, the Special Rapporteur additionally recommended establishing funds for recycling and victims of intoxication. He also suggested implementing a process of pre-cleaning ships. The establishment of regional frameworks to complement the Convention would also be essential. Mr. Ibeanu also said that technical assistance could take many forms, including technologies and training, and that it could be linked to the ratification of the convention in question. As for the question regarding the International Labour Organization, the Special Rapporteur fully recognized the role it played, but reminded that the various international efforts in this direction needed to be acknowledged. He also once more thanked the Governments of Kyrgyzstan and India for extending their invitations for a country visit and hoped this would allow further discussion of some of the issues raised in his report. Finally, regarding the question on due diligence, the Special Rapporteur called on companies to build on these practices.



Right of Reply

IDRISS JAZAIRY (Algeria), speaking in a right of reply, said that the delegation of Morocco chose the holiest day of Ramadan to accuse its neighbour of slavery-like practices in camp Tindouf. Algeria was very concerned about the situation in the Western Sahara. If the Council was interested in finding out more about the situation, they could ask the Office of the High Commissioner for Human Rights, who had prepared a report recently. The report was however embargoed and Algeria expressed its dismay at the long-coming of this report which would shed light and provide clarifications. Algeria had not mentioned the right to self-determination of peoples to embarrass Morocco, but because their own liberation process had given all the meaning to this right. The Western Sahara had been classified a non-autonomous territory by the United Nations.

OMAR HILALE (Morocco), speaking in a right of reply, said Algeria’s statement saddened him. Everybody should first weep before their own doors. In which country did forced discipline remain a concern? In which country did torture remain important? Which country was described by Amnesty International as a threat to the future? Which country had Human Rights Watch been banned from visiting for several years? The answer to all these questions was not Morocco, but Algeria. Morocco had not refused any visit by United Nations agencies. The Algerian delegation should not criticize the human rights situation in Morocco, but rather look at its own country.

IDRISS JAZAIRY (Algeria), speaking in a second right of reply, said that the politicisation of the debate they had just witnessed, that had been taken as a pretext to support the Sahrawi people to choose their destiny, was of no value to the work of this Council. The report published in 2006 would enable all to find out more about the situation in the Tindouf camp. Morocco permitted itself to extend the debate to the human rights record and, at least at this stage, Algeria would not follow and attack a sister country and continue down this path.


OMAR HILALE (Morocco), speaking in a second right of reply, said that Algeria, during more than three decades, had sent hordes of murderers to destroy the Maghreb region. Algeria refused a census because this was feared by its Government and because it did not have the necessary number of people in its camps. Algeria should read the reports by Amnesty International, the United Nations High Commissioner for Human Rights and others; these showed that Algeria took people hostage and failed to respect their right to self-determination, among others. Morocco was prepared to settle the present matter within the United Nations framework, but here was not the right place.

1Joint statement on behalf of: Europe-Third World Centre; France Libertés – Fondation Danielle Mitterrand; World Federation of Trade Unions; Movement against Racism and for Friendship among Peoples; International Association of Democratic Lawyers; and International Federation of Rural Adult Catholic Movements.


For use of the information media; not an official record


HRC09105E