07.04.03
Statements
OMCT's intervention to the Commission under item 10: economic,social and cultural rights
INTERVENTION BY THE
WORLD ORGANISATION AGAINST TORTURE (OMCT)
COMMISSION ON HUMAN RIGHTS – 59th Session, April 2003
Item 10: Economic, Social and Cultural Rights
CHECK AGAINST DELIVERY
Ms. Chairperson,
Despite the firm stand taken by the international community on the indivisibility and interdependence of all human rights, in reality civil and political rights continue to be treated separately from economic, social and cultural rights, conceptually, practically and also in terms of priorities. Such separation is notably reflected by the absence of an individual complaint mechanism, at the international level, regarding economic, social and cultural rights.
The reality that civil and political rights are inextricably linked to economic, social and cultural rights renders such separation senseless for the victims of human rights violations. Evidence collected by OMCT shows that violations of economic, social and cultural rights are often accompanied by or lead to violations of civil and political rights, including torture, summary executions, enforced disappearances and other forms of cruel, inhuman or degrading treatment. This is notably the case with regard to the right to adequate housing and the related issues of house demolitions and forced evictions.
In Egypt, forced evictions and house demolitions occur on a large scale and are carried out by State agents in flagrant violation of existing laws and judicial rulings. Victims are often forced in police stations after the evictions or demolitions to sign false statements stipulating that they received prior notification. If they refuse to do so, they are subjected to beating, humiliation and threats. In most cases, evictions and house demolitions are enforced with bulldozers and Central Security personnel armed with sticks, firearms and, in some cases, tear gas bombs, while verbal abuse, beatings and arbitrary detentions are common. Overall, the victims are from poor communities and they are left with nothing following the demolitions/evictions, all their belongings having been destroyed and having received no compensation or resettlement from the authorities.
In the Philippines, land conflicts related to the enjoyment of the right to adequate housing are often accompanied by violence perpetrated or tolerated by the authorities. On January 6th 2003, in the city of Panabo (Minando Island), one farmer was shot and five seriously wounded by private security guards as a result of a land conflict in a banana plantation. According to the victims’ testimonies, the police were allegedly present during the shooting and took no action to stop it. [Violations of the right to adequate housing also occurred as a form of punishment against a whole farmer community for the alleged involvement of some of their members in the murder of 2 military personnel. In Bohol, between February 15th and February 23rd 2003, 15 houses belonging to members of this farmer community were burned leaving their occupants homeless. The army has reportedly tolerated these acts.]
In India, on February 19th 2003, the police and the forest protection staff launched a violent gunfire attack against about 1000 Adivasis (tribal peoples) in order to evict them from the Muthanga Wildlife Sanctuary, located in the Southern State of Kerala. Men, women and children reportedly were beaten by the police during the attack, while the police and other government officials involved in the operation reportedly were secretly disposing the bodies of dead Adivasis in the forest, raising concern that the official number of 15 Adivasis killed in the incident is incorrect. This incident occured as the authorities failed to implement, for more than one year, an agreement they reached with the Adivasis about redistribution of land in the area.
While the practical recognition of the interdependence and indivisibility of all human rights goes well beyond the adoption of an Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (ICESCR), this step remains essential. Essential for the victims, but also for the coherence and consistency of the whole UN human rights system.
In light of our statement, Ms. Chairperson, you will not be surprised that an organisation such as OMCT fully supports the adoption of an Optional Protocol to this Covenant. A coalition of around 100 non-governmental organisations, to which OMCT belongs, presented a joint statement, reiterating a certain number of points, which also constitute our recommendations to your Commission.
In this regard, OMCT urges the Commission to establish a working group to design an optional protocol to this Covenant, guaranteeing:
1) that it utilises the existing sources related to conceptual issues as a primary basis point from which the text of an optional protocol to the ICESCR should be drafted;
2) that it adopts a comprehensive and inclusive approach to the rights embodied in the ICESCR;
3) that its membership remains open;
4) that it adopts a pragmatic time-frame towards the completion of its mandate;
5) that it is endowed with adequate financial, organisational, technological and human resources to carry out its mandate in an effective manner.
WORLD ORGANISATION AGAINST TORTURE (OMCT)
COMMISSION ON HUMAN RIGHTS – 59th Session, April 2003
Item 10: Economic, Social and Cultural Rights
CHECK AGAINST DELIVERY
Ms. Chairperson,
Despite the firm stand taken by the international community on the indivisibility and interdependence of all human rights, in reality civil and political rights continue to be treated separately from economic, social and cultural rights, conceptually, practically and also in terms of priorities. Such separation is notably reflected by the absence of an individual complaint mechanism, at the international level, regarding economic, social and cultural rights.
The reality that civil and political rights are inextricably linked to economic, social and cultural rights renders such separation senseless for the victims of human rights violations. Evidence collected by OMCT shows that violations of economic, social and cultural rights are often accompanied by or lead to violations of civil and political rights, including torture, summary executions, enforced disappearances and other forms of cruel, inhuman or degrading treatment. This is notably the case with regard to the right to adequate housing and the related issues of house demolitions and forced evictions.
In Egypt, forced evictions and house demolitions occur on a large scale and are carried out by State agents in flagrant violation of existing laws and judicial rulings. Victims are often forced in police stations after the evictions or demolitions to sign false statements stipulating that they received prior notification. If they refuse to do so, they are subjected to beating, humiliation and threats. In most cases, evictions and house demolitions are enforced with bulldozers and Central Security personnel armed with sticks, firearms and, in some cases, tear gas bombs, while verbal abuse, beatings and arbitrary detentions are common. Overall, the victims are from poor communities and they are left with nothing following the demolitions/evictions, all their belongings having been destroyed and having received no compensation or resettlement from the authorities.
In the Philippines, land conflicts related to the enjoyment of the right to adequate housing are often accompanied by violence perpetrated or tolerated by the authorities. On January 6th 2003, in the city of Panabo (Minando Island), one farmer was shot and five seriously wounded by private security guards as a result of a land conflict in a banana plantation. According to the victims’ testimonies, the police were allegedly present during the shooting and took no action to stop it. [Violations of the right to adequate housing also occurred as a form of punishment against a whole farmer community for the alleged involvement of some of their members in the murder of 2 military personnel. In Bohol, between February 15th and February 23rd 2003, 15 houses belonging to members of this farmer community were burned leaving their occupants homeless. The army has reportedly tolerated these acts.]
In India, on February 19th 2003, the police and the forest protection staff launched a violent gunfire attack against about 1000 Adivasis (tribal peoples) in order to evict them from the Muthanga Wildlife Sanctuary, located in the Southern State of Kerala. Men, women and children reportedly were beaten by the police during the attack, while the police and other government officials involved in the operation reportedly were secretly disposing the bodies of dead Adivasis in the forest, raising concern that the official number of 15 Adivasis killed in the incident is incorrect. This incident occured as the authorities failed to implement, for more than one year, an agreement they reached with the Adivasis about redistribution of land in the area.
While the practical recognition of the interdependence and indivisibility of all human rights goes well beyond the adoption of an Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (ICESCR), this step remains essential. Essential for the victims, but also for the coherence and consistency of the whole UN human rights system.
In light of our statement, Ms. Chairperson, you will not be surprised that an organisation such as OMCT fully supports the adoption of an Optional Protocol to this Covenant. A coalition of around 100 non-governmental organisations, to which OMCT belongs, presented a joint statement, reiterating a certain number of points, which also constitute our recommendations to your Commission.
In this regard, OMCT urges the Commission to establish a working group to design an optional protocol to this Covenant, guaranteeing:
1) that it utilises the existing sources related to conceptual issues as a primary basis point from which the text of an optional protocol to the ICESCR should be drafted;
2) that it adopts a comprehensive and inclusive approach to the rights embodied in the ICESCR;
3) that its membership remains open;
4) that it adopts a pragmatic time-frame towards the completion of its mandate;
5) that it is endowed with adequate financial, organisational, technological and human resources to carry out its mandate in an effective manner.