Human Rights Council 28mars 15-18h by D.J

This session concerned three reports from Special Rapporteurs:

1. Report on the issue of human rights and transnational corporations and other business entreprises by John Ruggie

Mr. Ruggie introduced the first results on the mapping of international standards on human rights for transnational corporations. He highlighted that the current voluntary mechanism is insufficient. Indeed, the transnational corporations don’t take human rights into account and don’t respect human rights rules voluntarily. Therefore, there is a need to create incentives or discouragement measures. Studies on the impact of trade on human rights have to be put forward as well.
Finally, Mr. Ruggie asked for an extension of his mandate (originally 18 months) for at least a year.

Among the speakers:

Switzerland supported Mr. Ruggie’s request for an extension of his mandate.
The Order of Malta confirmed the necessity of more cooperation between the human rights and health sector. It gave the example of lepers that suffer both medical problems and discrimination.
France criticized the blackmail done by transnational corporations to obtain the non-application of human rights principles by the countries. According to them, the voluntary system has to be abondonned because of its inefficiency. Indeed, the coporations “cherry pick” international norms, choosing most of the time the non-binding one. Transnational corporations must now be subordinated to global norms regarding the respect of human rights. Finally, the French ambassador asked for the victims of transnational coporations, particularly the Southern countries, to be listened to.

2. Report on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health by Paul Hunt

Mr. Hunt highlighted the significant progress in recent years on the issue of the right to health thanks to the HRC as well as civil society and specialised agencies. The next step is now to integrate human rights into health policies at the national and international levels. It is important to make health professionals aware that the human rights movement can be assets and allies and that both camps can reinforce each other. In this context, Mr. Hunt wishes that human rights become mainstreamed within WHO instead of staying a marginal, contested, underresourced way of thinking. The role of the countries that are both members of the HRC and the WHO’s Executive Board (Sri Lanka, Mali, Mexico, China, Azerbaijan, Bahrain, Brazil, Japan and Romania) is crucial to achieve this.
Mr. Hunt pinpointed the problem of maternal mortality that is undercovered by the HRC while it is, accoding to him, a human rights catastrophe. 500 000 women die in childbirth or from complications of pregnancy each year while it could be avoided by wellknown interventions. This matter raises vital issues concerning women’s rights to life, health, equality and non-discrimination. Countries have to get involved in this issue.
Mr. Hunt is still developing the draft guidelines for pharmaceutical companies on access to medicines.
He also reported on the health situation of displaced Iraqis (2mio) and refugees (2mio) whose health situation is extremly precarious.
Finally, Mr. Hunt talked about the Palestinian situation that he finds scandalous. The economic sanctions decided after the election in January 2006 by donors shouldn’t have health consequences. Because they’ve been unpaid for several months, many health workers are on strike causing a worsening of the health situation.

Among the speakers:

Bangladesh highlighted that the rights to food, access to water and health were primordial and necessary to enjoy any other rights like freedom of expression etc.
Ecaduor criticized Nicaragua and Brazil for their violation of Indians’ human rights through the destruction of their habitat.
Cuba criticized the theft of health professionals by United States.

3. Report on the situation of human rights defenders by Hina Jilani

This report concentrated on the situation of human rights defenders working in the field of economics, social and cultural rights and the violation they endure because of their activities. Mrs. Jilani reminded the participants that ensuring economic, social and cultural rights is an obligation of all States. Then she noted that the most endangered defenders were those working in the defence of labour rights. So far 190 of them have suffered torture or other violent repression and death threats or have even been killed. 35 defenders have been killed in their defence of rights connected to land or natural resource ownership. Defenders of rights of indigenous people and minorities or LGBTI (lesbian, gay, bisexual, transgender and intersex) persons and women’s rights are especially vulnerable. In total, 241 defenders have been killed. The number of countries employing these extreme measures has also increased continuously.
Ms. Jilani also emphasized the importance of the participation of NGOs in the work of the HRC.
Her final recommendations insisted on the necessity of ending the impunity for violation of the rights of defenders and attempts to discredit them and their activities.

Among the speakers:

Cambodia criticized the conclusions of the report of Ms. Julani and especially the accusation of article 64. It argued that the report wasn’t completely transparent and that the government of Cambodia never hinders the work of human rights defendants.
Germany emphasized the problem that human rights defenders are often considered as political opponents in their countries.
Argentina insisted on the fight against discimination of LGBTI people that are still opposed by strong traditions. Several Western countries also supported the highlight on LGBTI people rights.
Australia criticized the situation in Zimbabwe and in Fiji while it wasn’t discussed in any report.
New Zealand also asked for more information on the situation in Zimbabwe after the torture of the opposition leader.