India
04.04.01
Statements

Brazil, India and the Philippines: OMCT intervenes at the CHR on economic, social and cultural rights and highlights its concern regarding the situation in Brazil, India and the Philippines

INTERVENTION BY THE
WORLD ORGANISATION AGAINST TORTURE (OMCT)
COMMISSION ON HUMAN RIGHTS – 57th Session, April 2001
Item 10: Economic, Social and Cultural Rights



Mr Chairperson,

The process of economic globalisation, along with increasing disparities in the distribution of income both within and among countries poses a significant challenge to the whole human rights system. These phenomena are generally linked to poverty, marginalisation, and a lack of development opportunities, leading, in most cases, to violations of economic, social and cultural rights.

Whereas a lack of economic and social development cannot, under any circumstances, justify violations of human rights, income disparities, poverty, or marginalisation resulting from, or increased by a globalisation neglecting social needs often involves direct violations of economic, social and cultural rights, and can seriously impair the realization of civil and political rights. The Special Rapporteur on Torture, in his 2000 interim report on the question of torture and other cruel, inhuman or degrading treatment or punishment highlighted the fact that “the overwhelming majority of those subjected to torture and ill-treatment are ordinary common criminals from the lowest strata of society” and the Special Rapporteur goes on to describe these victims as “members of the lowest level of an underclass that is disconnected from all opportunities of leading decent lives as productive economic citizens.”

Mr Chairperson,

OMCT would like to draw the attention of this Commission to the level of violence against the landless peasants in Brazil, and particularly those involved in the Movimiento Sem Terra (MST), a member of OMCT network. The ongoing rural conflict opposing the landless peasants to the State and the latifundists depicts a situation where rural poverty, underdevelopment and a high concentration of land goes hand in hand with serious and repeated violations of economic, social and cultural rights, as well as civil and political rights. The process of land reform, apart from being very slow, has so far fallen short of giving an adequate answer to the peasants’ land claims. Macroeconomic policies have not lead to any improvement of the rural population’s economic, social and cultural rights, and in some instances, even worsened the situation. Landless peasants’ assertion of their economic, social and cultural rights is generally met by violent repression. Between January and September 2000, 258 landless peasants were detained, while from January to November of the same year, 12 were assassinated. Violent evictions are common place. The impunity enjoyed by those responsible for the violence remains of utmost concern to OMCT. Five years after what came to be known as the massacre of Eldorado dos Carajas, in which 23 peasants were killed by the police in the southern state of Parana, no proper investigation or prosecution has been carried out.

Mr. Chairperson,

OMCT is very concerned about the situation of tribal peoples in India, and particularly about the violent response of the Indian government to tribal peoples’ land claims and assertion of their economic, social and cultural rights. Of utmost concern to OMCT remains the building of the so called Koel-Karo Hydroelectric Project in the Ranchi District of the Jharkhand State. Whereas the planned construction of two dams would lead to the displacement of 16’350 families from 250 villages, the government did not think it necessary to consult with the affected tribal peoples regarding the project’s planning or implementation. Indeed, the tribal peoples got to know about the project only when government officials started coming to their villages and when the first moves towards land acquisition were made. On February 2nd of this year, the police fired at a peaceful assembly of tribal peoples protesting against the construction of the two dams: 8 people were killed and 10 injured in the firing.

Mr Chairperson,

OMCT continues to be very concerned about the negative effects of liberalisation, privatisation and deregulation policies on the labour conditions in the Philippines. According to the information received by the Kilusang Mayo Uno (KMU), a member of OMCT network, workers of the Yokohama Tires Phils, a Japanese company operating in the Clark Special Economic Zone (CSEZ), are facing regular violations of their labour and human rights. These conditions compelled the workers to form an union which the management refused to recognise, exercising further threats of dismissal or suspension to active union members. As a result, the workers went on strike which, after six weeks, was brutally dispersed by the police and the company security guards: 30 individuals were injured.

Mr Chairperson,

In its 2000 interim report, the Special Rapporteur on Torture noted that “as long as national societies and the international community fail to address the problems of the poor, the marginalized and the vulnerable, they are indirectly, and as far as exposure to the risk of torture is concerned, directly contributing to the vicious circle of brutalisation that is a blot on and a threat to our aspirations for a life in dignity and respect for all.”

It is imperative that this Commission insists on the primary importance of adopting an optional protocol to the International Covenant on Economic, Social and Cultural Rights and create an open-ended working group according to the Sub-Commission resolution 2000/9.

Moreover, OMCT would like to stress the importance that all Special Rapporteurs and Working Groups consider the impact of globalisation, increasing income disparities and poverty on the rights falling under their mandate.

Finally, OMCT would like to underline the important work of the Special Rapporteurs on housing rights and would welcome the Commission’s endorsement of Mr Kothari’s recommendations.

Thank you Mr Chairperson.

Geneva, April 2001

Nathalie Mivelaz