THE UNITED NATIONS SUB-COMMISSION ON THE PROMOTION AND PROTECTION
OF HUMAN RIGHTS.
55th SESSION, GENEVA, 28 JULY – 15 AUGUST 2003
Introduction
Franciscans International Evaluation Of The Session
Franciscans International Advocacy Role
Highlights Of Franciscans International Statements
Highlights Of The 55th Session Of The Sub-Commission
Franciscans International Follow-Up To The Sub-Commission
Appendix
Background To The Sub-Commission
2003 Sub-Commission Agenda
2003 Sub-Commission Composition And Officers
Franciscans International Delegation
INTRODUCTION
“I believe that we must continue to insist
on faithful compliance with
international human rights obligations and that you[ the Sub-Commission] have
a role to play in analyzing this issue and helping us uphold this principle.
It is a matter of utmost, fundamental importance.”
Mr. Bertrand Ramcharan, Acting High Commissioner for Human Rights.
Opening speech to the 55th session of the UN Sub-Commission.
This report would like primarily to inform members of the Franciscan Family of the involvement of the office of Franciscans International in Geneva in the works and deliberations of the UN Sub-Commission on the Promotion and Protection of Human Rights.
The think-tank role that the Sub-Commission is mandated to exercise by the Commission on Human Rights provides FI with the opportunity to contribute to several studies and to involve other Franciscans enjoying a specific expertise on a concrete topic. For example, our prominent role in furthering the Franciscan message on extreme poverty is greatly due to the collaboration offered by Yves Soudan OFM, Professor of Economics at the Catholic Institute for Human Rights in Lyon (France).
Our partnership with the Dominicans and their NGO – Dominicans for Justice and Peace – also continues to be successful in such UN meetings as, together, we can raise more issues to the attention of the international community and transmit more broadly our Franciscan values into the public debate.
Further, we hope that our web page (www.franciscansinternational.org) has been helpful to keep you updated about our statements and other initiatives during the session. This report can also be downloaded from our site and we encourage you to disseminate it among interested brothers and sisters of your community.
If you see any topic that the Sub-Commission is entrusted to study for its next session and to which you would like to contribute, please do not hesitate in contacting our office. We will be happy to give you additional details and assistance on the subject as well as to facilitate your participation to the meeting itself.
Alessandra Aula
Senior Advocacy Officer
FI Geneva /September 2003
FRANCISCANS INTERNATIONAL EVALUATION OF THE SESSION
Franciscans International considers the overall balance of the 2003 session
of the Sub-Commission positive for the advancement of the promotion and the
protection of human rights worldwide. Avoiding sometimes sterile and politicized
debates, the Sub-Commission was able to adopt 43 resolutions and decisions all
by consensus and, even some of them, at the unanimity.
On the issue of the administration of justice, Franciscans International welcomes
the Sub-Commission’s pronouncement on the unacceptable increasing pressure
which is exerted, both at the multilateral and bilateral levels, to hinder the
implementation of the Statute of the International Criminal Court and its appeal
that all States must observe the principles of the Statute. We are also supportive
of its request to the Commission on Human Rights (CHR) to appoint its expert
member, Mr. Decaux (France) as Special Rapporteur on the universal implementation
of international human treaties. In his studies, Mr. Decaux will have to identify
international and domestic obstacles to such implementation, to look for effective
ways and means in the matter, and to identify the most effective means of ensuring
actual universality of human rights. At a moment where the concept of universality,
indivisibility and interdependence of human rights is challenged from different
quarters, this decision is highly appreciated.
FI is pleased to note that the Sub-Commission approved the Norms on the Responsibilities
of Transnational Corporations and Other Business Enterprises with regard to
Human Rights. This document covers the right to equal opportunity and non-discriminatory
treatment, the right to security of persons, the right of workers, the respect
for national sovereignty and human rights, obligations with regard to consumer
protection and to environment protection as well as general provisions for their
implementation. Also, on the issue of extreme poverty, experts agreed to tackle
this scourge as a violation of human dignity and all human rights, civil and
political as well as economic, social and cultural and to adopt an operational
approach based on the principle of justiciability of rights.
The language on human trafficking, contained in the resolution on contemporary
forms of slavery, is clearly oriented to ensure victims’ protection and
assistance. In particular, we support the references made to articles 6,7,8
of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially
Women and Children, which recognize victims as such and their rights as not
contingent on their cooperation with the prosecution of their exploiters.
In response to the CHR request to prepare a concept document establishing options
for the implementation of the right to development and their feasibility, the
Sub-Commission decided to ask expert member, Ms. O’Connor (Jamaica), to
prepare a working paper identifying and analyzing possible alternatives that
will enable the Sub-Commission to respond fully and as effectively as possible
to the Commission. This issue was probably the most dividing among experts.
An amendment proposed by Mr. Eide (Norway) to establish an informal working
group to assist Ms. O’Connor in light of the complexity of the task and
the short time available (two years instead of the usual three years granted
by the CHR) was withdrawn after a long discussion. Opponents, including Ms.
Zerrougui (Algeria) and Mr. Yimer (Ethiopia) raised procedural concerns and
their intention to avoid any preferential treatment in relation to other working
papers. Regrettably, political motivations emerged from both sides during the
debate.
Stronger attempts should still be made to shape the “new” format
of item 2 (violations of human rights in any part of the world) since the Sub-Commission
cannot adopt any more resolutions dealing with countries. As it is very difficult
to envisage that it will re-acquire this attribute, it would be important that
a common effort is seriously undertaken to devise thematic studies that can
further a more interactive discussion on this point of its agenda. More constructive
discussions might also favor a renewed participation by countries from all regional
groups as some of them have been practically absent those past years.
At its next session, the Commission on Human Rights will be called to elect
half of the members of the Sub-Commission. FI strongly encourages governments
to choose qualified, independent candidates that can help in consolidating the
unique position that the Sub-Commission enjoys within the UN human rights system.
As an independent, international NGO, we will continue to collaborate with this
body through our active participation in some of its working groups as well
as by contributing to the realization of its ongoing studies.
FRANCISCANS INTERNATIONAL ADVOCACY ROLE
There are multiple ways for NGOs, like ours, to intervene in the Sub-Commission.
This section relates about our efforts in advocating for change in some specific
issues that are at the core of FI programs and services. Definitely, there is
a good space for civil society to interact with Sub-Commission’s experts
and to make progress in the implementation of human rights. Therefore, we believe
that it is important to devote, in the future, more energy prior to the session
itself in feeding experts with inputs and recommendations to be reflected in
their working papers and reports.
Also of great importance is the following chapter containing highlights of the
statements (written and oral) that we presented this year to the Sub-Commission
as it gives an overview of the first-hand information that FI is able to provide
as well as of our capacity to be involved in several issues through networking
with other NGOs.Contemporary forms of slavery
Franciscans International successfully channeled some our field concerns in
the report that the Working Group on Contemporary Forms of Slavery submitted
to the Sub-Commission. In particular, the information on forced and child marriages
in Zambia and the importance of the role of free compulsory education, especially
for girls provided by Sr. Anna Mwansa FMSA and the references made to the situation
and exploitation of Afro-Asian migrant workers in Lebanon by Sr. Lily George
FMM were recalled in the document.
Further, FI closely worked with Mr. Pinheiro (Brazil) in proposing text for
the human trafficking section of the resolution on contemporary forms of slavery.
We are happy to note that experts undertook most of the proposals that we suggested
to them, including:
• To call upon States to recognize that human trafficking is a gross violation
of human rights and fundamental freedoms and, hence, to criminalize it in all
its forms and to condemn and penalize traffickers and intermediaries;
• To urge governments that have not yet done so to sign and ratify the
Convention for the Suppression of the Traffic in Persons and of the Exploitation
of the Prostitution of Others of 1949, the Convention to Eliminate All Forms
of Discrimination against Women and the United Nations Convention against Transnational
Organized Crime, including the Protocol to Prevent, Suppress and Punish Trafficking
in Persons, Especially Women and Children;
• To urge States to allocate resources for comprehensive programs designed
to provide assistance to, protection for, healing reintegration into society
and rehabilitation of victims;
• To urge States to devise, enforce and strengthen effective measures
at the national, regional and international levels to prevent, combat and eliminate
all forms of trafficking through comprehensive anti-trafficking strategies which
include legislative measures, prevention campaigns and information exchange;
• To recommend that the General Assembly consider declaring a United Nations
year against trafficking in persons, especially women, youth and children, in
order to protect their dignity and human rights.
Extreme Poverty
During the last session of the CHR, Franciscans International joined an informal
NGOs coalition to study closer the relationship between extreme poverty and
human rights. FI was directly involved in drafting a joint written statement,
organizing strategy meetings with the concerned experts and introducing several
proposals for the resolution. In particular, we worked hard for the adoption
of language underlying the centrality of the human being in the struggle to
eradicate extreme poverty and social exclusion. Hence, we are encouraged that
the Sub-Commission unanimously decided:
• To request the authors [Sub-Commission experts Ms. Motoc., Mr. Yokota,
Mr. Guisse, Mr. Decaux and Mr. Bengoa have been requested to prepare a joint
working paper on this topic] to present conclusions and recommendations in order
to contribute to work on the draft declaration on extreme poverty and human
rights and other international and regional initiatives;
• To encourage the authors to adopt an operational approach to extreme
poverty based on the principle of justiciability of rights and the need to give
States clear obligations and objectives, assigning all countries collective
responsibility for combating extreme poverty all over the world;
• To request the authors to favor an approach towards extreme poverty
which strengthens bonds of solidarity and social inclusion mechanisms, giving
the very poorest people the capability to exercise all their rights and enjoy
respect for their human dignity;
• To encourage the establishment, with input from the various parties
and population groups concerned, of a range of indicators for keeping track
of situations of extreme poverty, the related needs and changes in them.
Rights of the child
Franciscans International was invited to attend a consultation organized by
the Group for the Convention on the Rights of the Child, a global network of
NGOs. The discussion aimed at exploring how to best reinforce attention to children
in the Sub-Commission’s work for instance by mainstreaming children’s
rights under each relevant agenda item. In order to respond to this important
concern, which has specific repercussions in our program on human trafficking,
we accepted to be part of a smaller group charged to investigate references
to child rights standards in the reports and recommendations of the Sub-Commission
and to identify strategies to promote them further in future Sub-Commission
meetings.
West Papua / Indonesia
During the Sub-Commission, Franciscans International facilitated the presence
in Geneva of Br. Theo van den Broek OFM (Director, Office for Justice and Peace,
Diocese of Jayapura) and the following human rights defenders from Papua: Ms.
Frederika Korain (Office for Justice and Peace, Diocese of Jayapura), Ms. Edoardus
Kaize (Office for Justice and Peace, Diocese of Agats), Ms. Zandra Mambrasar
(ELSHAM), Dr. Agus Irianto Sumule, Mr. Haji Mohammad Saleh Nur and Rev. Noach
Nawipa.
Our office explained them the challenges NGOs face in implementing UN human
rights mechanisms and invited other colleagues to speak to them. Fr. Philippe
LeBlanc OP (Director, Dominicans for Justice and Peace) provided some case studies
of co-operation between Franciscans and Dominicans for human rights at the UN
in Geneva while Mr. Clement John (Program Executive, World Council of Churches)
illustrated the work of the churches for justice and peace at the international
level, as well as how to co-operate in the future. The group attended some meetings
of the Sub-Commission and had a lengthy, productive discussion with diplomats
at the Permanent Mission of Indonesia to the UN.
The delegation from Papua was also invited to Caux, Switzerland for the annual
Initiatives of Change gathering, where they brought the issue of human rights
violations and abuses, as well as news of other related developments which affect
the future of the troubled Indonesian province, to the attention of that international
audience.
