[WCAR] Sub-Commission concludes debate on prevention of discrimination

UNITED NATIONS Press Release 
--------------------------------------------------------------------------------

xxxxxxxxxx SUB-COMMISSION CONCLUDES DEBATE ON PREVENTION OF
DISCRIMINATION xxxxxxxxxx 
Sub-Commission on the Promotion and Protection of Human Rights 

18 August 2006

Observes a Minute of Silence in Memory of the Third Anniversary of
the Bombing of the UN Headquarters in Baghdad

The Sub-Commission on the Promotion and Protection of Human Rights
this afternoon concluded its debate on the prevention of
discrimination focusing on racism, racial discrimination and
xenophobia, prevention of discrimination and protection of indigenous
peoples, and prevention of discrimination and protection of
minorities. 

As part of the consideration on its agenda item on the prevention of
discrimination, the Experts of the Sub-Commission discussed reports
on the discrimination against leprosy affected persons and their
families and discrimination based on work and descent presented by a
member of the Sub-Commission. 
Also this afternoon, the Sub-Commission observed a minute of silence
in memory of the third anniversary of the bombing of the United
Nations Headquarters in Baghdad, in which the late High Commissioner
for Human Rights, Sergio Viera de Mello and other United Nations
staff members lost their lives as a result of the terrible tragedy. 

Yozo Yokota, Sub-Commission Expert, introducing his preliminary
report on discrimination against persons affected by leprosy, said
millions of people were suffering from leprosy. Many countries did
not put in place adequate legislative provisions to protect those
persons from discrimination. He said that several millions of people
were sill living with leprosy without access to medication, which
could cure the disease. 

During the discussion on leprosy, several experts were of the view
that leprosy was a disease that could be cured if the appropriate
medication was provided by the respective government where the
persons affected by leprosy were living. Some experts said that
because leprosy was considered as a bad omen in some societies the
victims were discriminated against. 

Mr. Yokota, also introducing the report on discrimination based on
work and descent, said the Sub-Commission requested Sub-Commission
Expert Chin Sung Chung and himself to continue the study on the
issue. The report, he added, was based on questionnaires sent to
governments and non-governmental organizations. In all societies,
there were common characteristics of discrimination based on descent
and that discrimination against work based on descent could be found
among people in extreme poverty. 

Also introducing the report was Sub-Commission Expert Chin-Sung
Chung, who said there had been disappointing responses, but many
States did not have groups discriminated against due to work and
descent. However, States that did have such groups had also failed to
respond. From the replies received, it was clear that discrimination
based on work and descent was a serious problem in Africa and Asia
and in Diaspora communities around the world, and affected all levels
of existence. 

Taking the floor this afternoon were Sub-Commission Experts Yozo
Yokota, Christy Mbonu, Vladimir Kartashkin, Gudmundur Alfredsson,
El-Hadji Guisse, Chin-Sung Chung and Antoanella-Iulia Motoc. 

The representatives of Pakistan, on behalf of the Organization of
Islamic Conference, and Bangladesh made statements. 

Sri Lanka spoke in exercise of the right to reply. 

Also speaking were representatives from International Federation of
Human Rights Leagues; Interfaith International; Japan Fellowship of
Reconciliation; Tchad Agir Pour l'environnement; Pax Romana;
Foundation for Aboriginal and Islander Research Action; International
Association of Democratic Lawyers; Commission to Study the
Organization of Peace; Association of World Citizens; and Indian
Council for South America. 

The next plenary meeting of the Sub-Commission will be held at 3 p.m.
on Monday, 21 August, during which it will discuss its agenda item 3
entitled "administration of justice, rule of law and democracy". 

Introduction of the working paper on discrimination against leprosy
affected persons and their families 

YOZO YOKOTA, Sub-Commission Expert, introducing his preliminary
report on discrimination against persons affected by leprosy
(A/HRC/Sub.1/58/CRP.2), said millions of people were suffering from
leprosy. Many countries did not enact adequate legislative provisions
to protect those persons from discrimination. Last year, while
introducing the report he suggested a change in terminology and to
use "persons affected by leprosy", because some people did not want
to be referred to as leprosy victims. The issue of leprosy-affected
persons should be treated separately from other categories of
diseases such as HIV/AIDS. The number of persons affected by leprosy
was estimated to be 100 million. Today, leprosy could be cured and
medication could be made available. 

The Commission on Human Rights had failed to approve additional
financial support to the author of the report. However, in order to
submit a complete work he had been able to carry out his own research
and visited places where leprosy was heavily present, thanks to the
support provided to him by some private foundations. His visits had
taken him to India, Ethiopia and Brazil, where he had studied the
situation of leprosy-affected persons. India and Angola, which had
been considered as having a high number of persons affected with
leprosy, had shown a decrease in the numbers affected by the disease.
A global appeal to end discrimination against people suffering from
leprosy had been made by many international leaders. A draft
framework on the guidelines and principles on the elimination of
discrimination against those people had also been suggested in the
report. The United Nations should organize workshops in Asia and
Africa to disseminate the idea contained in the principles and
guidelines. 

Working paper on discrimination against leprosy affected persons and
their families 

A working paper (A/HRC/Sub.1/58/CRP.7) entitled Discrimination
against leprosy affected persons and their families focuses on the
activities of the author, in particular his informal visits to India,
Ethiopia and Brazil. It also contains a suggested framework of
principles and guidelines for the elimination of discrimination
against leprosy-affected persons and their families. The report
recommends that the Sub-Commission request the Human Rights Council
to include the topic of discrimination against leprosy-affected
persons and their families among the studies to be conducted by the
Sub-Commission, and further recommends that the Sub-Commission
endorse the proposal to hold a general consultation meeting in Geneva
and two regional workshops, one in Africa and one in Asia. 

Introduction of the report on discrimination based on work and
descent 

YOZO YOKOTA, Sub-Commission Expert, introducing the report on
discrimination based on work and descent (A/HRC/Sub.1/58/CRO.2), said
the Sub-Commission requested Sub-Commission Expert Chin Sung Chung
and himself to continue the study on the issue. Both of them decided
to send questionnaires to governments and NGOs to provide cases of
discrimination based on work and descent. This year's report was
therefore based on the analysis of the response of the governments
and NGOs. While preparing the paper, both rapporteurs had suggested
that in all societies, there were common characteristics of
discrimination based on descent. Most commonly, discrimination based
on work and descent could be found among people in extreme poverty. 

On the basis of four preceding papers and the discussions that had
taken place in the Working Group since 2001, a set of preliminary
principles and guidelines had been formulated by Mr. Yokota and Ms.
Chung. These would be further brushed up, improved, and elaborated,
with the participation of NGOs, United Nations bodies and national
human rights institutions, and the final improved version would be
included in the final report, to be submitted at the next session of
the Sub-Commission. 

CHIN-SUNG CHUNG, Sub-Commission Expert, presenting the findings of
the questionnaire sent out in the context of the report and the
analysis thereof, said questionnaires had been sent to all member
States of the United Nations, national human rights institutions,
United Nations bodies and organizations, and to NGOs. There had been
disappointing responses, but many States did not have groups
discriminated against due to work and descent. However, States that
did have such groups had also failed to respond. Only the ILO and the
WTO had sent responses. The Committee and certain Special Rapporteurs
had sent information. However, the responses provided by NGOs from
affected communities were appreciated, and the report relied largely
on these responses. The list was not complete, and more help was
required of the Office of the High Commissioner for Human Rights. 

>From the replies received, it was clear that discrimination based on
work and descent was a serious problem in Africa and Asia and in
diaspora communities around the world, and affected all levels of
existence. It was both internalised and institutionalised. The
results were divided into three parts: discriminatory practices,
including the practice of untouchability and segregation; party
measures taken by the State, national human rights institutions and
NGO activities to remedy discrimination; and areas deserving special
considerations. Many NGOs had begun to work on this issue recently. 

Report on discrimination based on work and descent 

A progress report (A/HRC/Sub.1/58/CRP.2) on the topic of
discrimination based on work and descent contains the analyses of the
results of a questionnaire and a revised draft set of principles and
guidelines. It recommends that the Sub-Commission request the Human
Rights Council to include the topic of discrimination based on work
and descent among the studies to be conducted by the Sub-Commission.
It further recommends that the Sub-Commission endorse the proposal to
hold a general consultation meeting in Geneva and two regional
workshops, one in Asia and one in Africa in 2007. 

Statements on the report on discrimination against leprosy affected
persons and their families, the report based on work and descent, and
on the report of the Working Group on minorities 

CHRISTY EZIM MBONU, Sub-Commission Expert, with regard to the report
on leprosy, said that there were thousands of victims of leprosy
suffering from many forms of discrimination and stigmatisation. This
was due to lack of knowledge, based on the myths, surrounding
leprosy. There was a need to raise awareness and sensitisation around
the disease and to make the link between the disease and extreme
poverty. Education was the key here. These were a people who had been
forgotten, and the Sub-Commission had to speak for them, as nobody
else would. Mr. Yokota's courage was commended in taking up the
study. 

The drugs to cure leprosy existed, but due to a lack of education as
to their existence they remained largely unused; a situation which
was not improved by their cost. With regard to the guidelines, there
was a need to clarify to what extent the disease was transmittable,
as this was unclear within the context of the report. Root causes
should also be tackled, including sensitisation aimed at eradicating
the myths surrounding the disease. It was also recommended that the
suggested workshops should be held. 

VLADIMIR KARTASHKIN, Sub-Commission Expert, said the author of the
study on leprosy was one of the hardest working persons in the
Sub-Commission, which had been reflected, in the present report. The
Human Rights Council had not yet prepared a report of its own on the
issue; and the present report of the Sub-Commission would be a
valuable one. The Bureau of the Sub-Commission should come out with a
single and concrete method for appointing rapporteurs to prepare
reports. With regard to the work done by Mr. Yokota, it was of high
standing and should be lauded. The author had approached the issue of
leprosy from the point of view of discrimination, but he should also
approach it from the angle of human rights as a whole. The various
human rights protective provisions of the United Nations should
protect the victims of leprosy. Leprosy-affected persons should be
able to enjoy their fundamental freedoms and human rights like other
people in the society where they lived. 

GUDMUNDUR ALFREDSSON, Sub-Commission Expert, said he agreed with all
the issues brought up, but suggested that the drafting needed more
polishing and tighter formulation with regard to legal language. He
was not convinced that there was a need for both principles and
guidelines, as there was considerable repetition between the two.
There was a possible need to formulate laws to fill in the gaps in
national legislation with regard to leprosy. With regard to education
and information related to the perceptions of leprosy societies,
there was perhaps a need to shift some of the text to in the report
to have it read better. The main issues addressed in the text were
very much appreciated. 

YOZO YOKOTA, Sub-Commission Expert, in concluding remarks to the
presentation of the report, said much work was needed to eliminate
discrimination against leprosy-affected people. The target of
reaching one person in 10,000 was insufficient, and even if the
target was reached there would still be more than half a million
people affected worldwide. The goal was the total eradication of the
disease. There should be a clearer scientific presentation of the
disease itself. The disease was not hereditary, and 95 per cent of
the people on earth had inborn resistance to the disease, and this
explained the reason for contamination within families without the
inborn resistance. It was a very difficult disease to transmit, but
medical science had not shown why this was a "safe" disease compared
to others. 

The report contained only a framework for principles and guidelines,
and there was therefore repetition, as principles were general, and
guidelines were specific. There was a need for additional categories,
including one on general principles for States. With regard to the
text only referring to discrimination in terms of leprosy-affected
people and not to other human rights violations, this would be
remedied in the future. The support of the Experts for the work was
greatly appreciated. 

EL HADJI GUISSE, Sub-Commission Expert, said at this late hour any
errors and incoherencies in expression should be forgiven, but with
regard to the Working Group on indigenous populations, after reading
the report by Mr. Yokota, he could only welcome the regularity and
honesty of the reflection. No problems were hidden, they had been
clearly formulated, and attempts made to answer them. The more
reflection advanced in the Group, the more indigenous peoples were
present in the Group. A few years ago, the Working Group had
introduced the issue of indigenous peoples and globalisation. This
phenomenon did not spare either indigenous peoples or minorities. At
the time, the intention had been for the Sub-Commission to take
decisions so that in the case of globalisation, the rights of
indigenous peoples would be respected. 

Many indigenous peoples were today the victims of expulsions and
exploitation of their soil under their noses, without sharing in the
profits. When the standards had been elaborated on the activities of
transnational corporations, this had been done in order to provide
States with a framework of collective responsibility with regards to
indigenous peoples. It was very serious when States put themselves on
the side of transnational corporations and permitted and enjoyed the
benefits of the exploitation of indigenous resources. There was an
urgent need to create legislation to protect these populations. These
were questions that had been raised at various times, and the
Sub-Commission should consider the situation of indigenous peoples
from this perspective. The members of the Working Group should be
supported in their efforts to create and promote norms and rules for
the indigenous peoples, who were part of the human community. 

GUDMUNDUR ALFREDSSON, Sub-Commission Expert, commenting on the report
of Mr. Yokota on leprosy, said that some of the elements in the
guidelines seemed not to be guidelines, but rather principles. 

ANTOANELLA-IULIA MOTOC, Sub-Commission Expert, with concern to the
actors that had been involved and who were supposed to implement the
principles and guidelines, said that given the fact that, as stated
in this report and previous ones, a lot of phenomena of
discrimination based on descent were occurring in diaspora
communities, it was necessary to explain how these diaspora
communities would be dealt with, and how States in which these
communities lived would be encouraged to intervene in order to
reverse this discrimination. 

YOZO YOKOTA, Sub-Commission Expert, in concluding remarks on the
presentation of the report on discrimination based on work and
descent, said he agreed that there was a lack of consistency with
regard to the elements of the guidelines and principles. With regard
to the issue of addressing diaspora communities, some policy makers
had taken interest in this issue, and attention would continue to be
paid to the issue. 

Statements under Prevention of Discrimination 

ALEXANDRA PONMEON O'NEILL, of the International Federation of Human
Rights Leagues, said there was continuing concern for the dramatic
situation of the Roma communities in the Russian Federation. Several
reports issued in the past years showed blatant discrimination
against the Roma, which added to the systemic violations of the their
economic, social and cultural rights and racist acts of violence. In
2006, cases of racist and xenophobic violence had increased. Acts of
harassment, extortion and brutality by the police continued, and in
some regions it took on a systematic character. In Chile, the rights
of the Mapuche people were still infringed upon. In Botswana,
discrimination against indigenous peoples, illegal and prohibited
immigrants, as well as refugees, had also continued. 

DEIDRE MC CONNELL, of Interfaith International, said the prevention
of discrimination was crucial at this time, as in today's world
various types of discrimination had paved the way towards conflict,
and these conflicts often had as a goal a durable solution for the
problems caused by discrimination and xenophobia. The situation of
the Tamil Tigers in Sri Lanka was evidence of this. The tsunami
natural disaster caused severe casualties to the Tamil people, and
they had received discriminatory treatment from the national
Government, with the aid sent by the international community
distributed in an unequal manner. The current situation in Sri Lanka
was alarming, and human rights violations had increased over the last
six months. 

KIRIKO TAKAHATA, of Japan Fellowship of Reconciliation, said that in
Japan most of the people believed that discrimination, such as
against the Buraku people, based on work and descent was a serious
human rights violation. Discrimination based on work and descent was
one of the biggest social issues in India, with the Dalits targeted
by this type of discrimination. It was reported that three Dalit
women were raped; three Dalit people were murdered and two Dalit
girls were tortured every day. Moreover, Dalit girls were sold off by
their parents to temples and forced into prostitution. It was said
that more than half of the women who worked as prostitutes were
Devadasis - prostitutes in the name of religion – from the time
of their childhood. 

ALI ABDOULAYE, of Tchad Agir pour l'Environnement, said in the
countries of the South, 90 per cent of the population used firewood
for energy needs, and this was one of the main causes of
desertification. Another reality was the lack of employment
perspectives for the young, who were attracted towards the North.
This immigration bled the sub-Saharan countries and deprived them of
their youth, impeding their development. The Sub-Commission should
consider the problem of energy and the new dimension of migratory
movements. States should encourage the investment and promotion of
new and renewable forms of energy, as this was an investment in the
future of humankind. The defence of the rights of migrants and that
of workers rights were interlinked. 

GAYOON BAEK, of Pax Romana, in a joint statement, said the progress
report by the Special Rapporteurs on the topic of discrimination
based on work and descent clearly established the magnitude and scale
of the discrimination based on work and descent, as well as its
overwhelming prevalence in a number of countries in the African and
Asian regions, and in the diaspora communities around the world. The
report, on the basis of the information received, had identified
various types of discriminatory practices, thereby establishing the
need for priority attention to be given to the elimination of such
practices. This coincided with the foundation core mandate of the
Sub-Commission and should be pursued vigorously under the "expert
advice" role envisaged by the Human Rights Council. 

LES MALEZER, of Foundation for Aboriginal and Islander Research
Action, said after approximately two decades of work, at all levels
of the United Nations, issues concerning indigenous peoples had
permeated all levels of the human rights bodies as well as other
United Nations organizations and international agencies. Future
structures for human rights agencies should not pose a threat to the
Sub-Commission, but should be institutions built on the strengths and
advantages of the body. The report of the Working Group on Indigenous
Populations and the recommendations contained therein were strongly
supported. The report identified that further work was needed in
standard-setting including protection of indigenous cultural heritage
and the principle of free, prior, and informed consensus, and the
work on these items should be continued as a priority. The
Declaration on the Rights of Indigenous Peoples would be considered
by the General Assembly later this year, and there was some
disappointment with regards to the text. 

PELPINA SAHUREKA, of the International Association of Democratic
Lawyers, said that rape and sexual violence targeting indigenous
women and girls had long been carried out by members of the military.
Those were not sexual crimes, but a systematic and brutal policy that
targeted indigenous women as a weapon of war, torture and subjugation
against the whole community. It was both extremely worrying and
ironic that some of those countries were among the top five
contributors to United Nations Peacekeeping missions. The lucrative
foreign revenue that it brought in helped to support and perpetuate
the militarization of indigenous lands in Asia. It was observed that
United Nations Peacekeepers were an important component in restoring
normality after the turmoil and horrors of war. The crimes committed
in the Democratic Republic of the Congo had not been fully
investigated. 

PETRA PAAVILAINEN, of Commission to Study the Organization of Peace,
said nation States had the duty to support the well-being of
minorities. International human rights organizations and multilateral
fora could highlight the gaps between the theory of equal treatment
and the reality on the ground, but it was the duty of States to
encourage an environment where minorities could participate whilst
perpetuating the traditions and behaviour that formed their
uniqueness. It was a fact that laws and constitutions could not
completely eradicate the tendency towards discrimination, due to the
inherent human tendency to attribute characteristics on various
grounds. The real problem arose in nation States where the
Constitution was based on a form of discrimination. 

MUSTAFIZUR RAHMAN (Bangladesh) said the report had listed some of the
small communities found in his country, indicating that they were
subjected to discrimination, which was contrary to the truth on the
ground. The Government of Bangladesh was taking affirmative action to
help disadvantaged communities in order to improve their livelihoods.
In Bangladesh, there was no discrimination against any community; all
persons in the country had the right to enjoy their culture and their
rights as citizens. The Government had been encouraging cultural
liberalism and multiculturalism. The educational programme of the
country was based on multiculturalism and every community enjoyed the
right to education, which was provided to all individuals. The
Government had been committed to protecting the rights of all
communities in the country without any form of discrimination. 

GENEVIEVE JOURDAN of Association of World Citizens, said the work on
leprosy should be extended to other diseases with which stigma was
associated, such as HIV/AIDS. Leprosy was curable, and yet people
continued to be locked up. There were other diseases which had had
devastating repercussions, but there had been so much progress made
on sanitation and nutrition, and the disease was dying out by itself,
and therefore the study should be extended. With regard to racism,
there was an expansion of extreme forms of racism throughout 2005, in
particular in Europe. What was clear was that racist violence had
become commonplace, and was openly visible in all areas related to
migration; it was surprising that this issue had not been covered by
the resolutions adopted by the new Human Rights Council in June. NGOs
were concerned that each migrant person in the world, regardless of
their status, should have access to their human rights. 

JUANA CALFUNAO, of the Indian Council for South America, said the
members of her community in Chile had been detained and it was no
more impossible to live in Chile. She appealed to the Sub-Commission
to intervene in on her behalf to urge the Chilean Government to
release those detained individuals. 

Right of Reply 

AMEERAJWAD OMER LEBBE (Sri Lanka), speaking in the exercise of a
right of reply, said that unfounded allegations had been made by
Interfaith International this afternoon. The representative of the
NGO should refer to the previous right of reply given in this
connection under agenda item 2. The Government of Sri Lanka had spent
billions in the north-east of the island, and had not launched any
offensive, but only took defensive action as necessary to protect the
territorial integrity of the country. The LTTE – Liberation
Tigers of Tamil Eelam - was urged to cease all belligerent activities
immediately, and return to the negotiating table. 





========= World Conference Against Racism (WCAR) listserv =========
Send mail intended for the list to <       >.
Archives of the list can be found at:
http://www.hrea.org/lists/wcar/markup/maillist.php