Third Committee: Social, Humanitarian and Cultural
Making Human Dignity Violations Proof
By Vikram Sura with Jonas Hagen, for the Chronicle
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Packing a punch for a better world, the Third (Social, Humanitarian and Cultural) Committee, after ten years of negotiations, gave shape to a global system of inspections of places of detention to prevent torture of prisoners. The mechanism enables visits by independent international and national bodies to detention centres, "where persons are or may be deprived of their liberty". Called the "Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment", it helps in implementing the 1984 Convention agreed to by 129 countries.
Earlier, Theo van Boven, Special Rapporteur on torture of the Commission on Human Rights, told the Committee in a backgrounder that a number of countries had tightened anti-terrorism measures, and the only "effective prophylactic" against terror was greater respect for human rights. The Committee also waged two other important resolutions on human rights: on the "Khmer Rouge trials" and on a Mexican initiative on "Protecting human rights and fundamental freedoms while countering terrorism". In the 1970s, some 1 million Cambodians were slain by the Khmer Rouge regime. The Special Representative of the Secretary-General for Human Rights in Cambodia, Peter Leuprecht, told the Committee that after the "deafening silence" of the international community during the Khmer Rouge era and a period of indifference thereafter, it had become strongly involved in the country. Ambassador Wenaweser said that the text constituted one of the biggest challenges to him. "There were strong differences of opinion as to the right moment to have the text put before the Committee for adoption", he said, "and as the Chair, I had to steer a clear and fair course". The Assembly voted 150 to none, with 30 abstentions, on the Khmer Rouge trials. Heeding the resolution, the United Nations and Cambodia have begun exploratory talks to establish a special court to try former Khmer Rouge leaders for crimes against humanity. The Assembly also unanimously adopted the Mexican initiative on human rights and terrorism. "It was perhaps the most important and timely resolution", the Canadian delegate, Gilbert Laurin, told the Chronicle. "This was a particularly important message to send to all Member States at this time. The fact that it was adopted by consensus shows that Member States have taken this initiative to heart." During his talk to the Committee, Mr. Leuprecht said Cambodia provided a telling example of the "factual indivisibility" of human rights. "Whatever human rights issue one addressed [in Cambodia], one was confronted with fundamental cross-cutting problems and challenges, such as poverty, violence, corruption and lawlessness." Many of the resolutions confronted the "cross-cutting problems" and that sometimes solutions rightly overlapped. For instance, there were eight separate resolutions on the well-being of women, seven of which were adopted without a vote. Some tied human rights with poverty and cultural diversity, some were omnibus resolutions on children, and others were exclusively on the girl child, indigenes, migrants, older persons, youth, family and refugees. Many were either adopted unanimously or with more than three-fourths majority. Nevertheless, exceptions remained. On "Globalization and its impact on the full enjoyment of all human rights", the Assembly voted 124 to 52, with 5 abstentions; on the "Situation of and assistance to Palestinian children", the vote was 108-5-60, with Israel, the United States, the Marshall Islands, the Federated States of Micronesia and Palau voting against; and on the "Rights of the child", it was 175 to 2, with the United States and Israel casting the negative votes. Responding to a question on the sudden fault lines along similar issues in the Committee, Ambassador Wenaweser said: "One of the fascinating things about the United Nations to me is the coming together of so many different cultures that results in a unique blend of a common diplomatic culture—that is the way in which we do business at the UN." The common diplomatic culture though had come under criticism from youth representatives during the debate on the world social situation. These young debaters, in the wisdom of their experiences, complained that the United Nations was seen as an organization of "good intentions" rather than "good results", and that youth were losing faith in the UN due to a lack of resolve by Member States. To which Chairman Wenaweser told the Chronicle: "I believe that criticism voiced by them should be taken very seriously, since they offer a perspective that we are all too often very far away from. Also, I believe that they got to witness that the UN can only be what its Member States want it to be." The delegate from St. Lucia, Michelle Joseph, who also spoke for the Caribbean Community, said that some 60 per cent of the world's population was below the age of 25, with some 85 per cent of the overall youth population living in developing countries. In an interview with the Chronicle, she spoke of the "need for concerted international attention at the national and international levels to bring youth into the development process". Ms. Joseph pointed out that her Government was "encouraging inter-generational dialogue" within her country to facilitate the "transmission of values and norms" to promote community harmony and integration. On the recommendation of the Committee, the Assembly adopted without a vote resolutions on "Promoting youth employment" and on "Follow-up to the International Year of Older Persons: Second World Assembly on Ageing". According to the World Drug Report 2000 prepared by the UN Office on Drugs and Crime, some 180 million people—4.2 per cent of the population aged 15 years and above—took drugs in the late 1990s. In the debate on international drug control, Vorapun Srivoranart of Thailand, which is the host country of the upcoming Congress on Crime Prevention and Criminal Justice, said his Government had strengthened law enforcement and criminal justice structures against drug manufacturers and traffickers. Speaking to the Chronicle, he said alternative development would wean farmers away from reaping grim harvests. "Alternative development … gives farmers who produce illicit drug—crops a means of supporting themselves by legal means. It has been quite successful in Thailand. In the north in the 'Golden Triangle' area, farmers have switched from opium to fruit and other crops; preference is then given to these products and consumers purchase them," he said. In individual interviews with the Chronicle, diplomats from Algeria, Poland and St. Lucia agreed on the principle of shared responsibility in combating drug trafficking. Marek Madej of Poland said that this responsibility also meant acceptance of shared "powers and enforcement. If a country calls for assistance and acknowledges that it is not able to deal with a certain problem on its own—as in the case of drugs—the other countries gain not only responsibility but also certain powers", he said. "State sovereignty is no more an absolute and untouchable principle in the contemporary world of globalization." Success in combating the drug trade, said Ms. Joseph, required action on the part of all stakeholders, while Abdelouahab Osmane of Algeria, whose delegation co-sponsored the resolution on international drug cooperation, noted: "We agree with the principle of shared responsibility. We believe that international cooperation is important in the common fight against the illicit use and abuse of drugs." The Assembly adopted without a vote the resolution on "International cooperation against the world drug problem". Of the 73 resolutions adopted—50 unanimously—by the General Assembly, two new texts were on the "Promotion of the right of peoples to peace", with a vote of 116 to 53, with 14 abstentions; and "Respect for the right to universal freedom of travel and the vital importance of family reunification", adopted by 109 to 3, with 71 abstentions. The "Right to peace" resolution had a similar ring to the First Committee's text on the "relationship between disarmament and development", adopted by 160 to 1, with 4 abstentions, with the United States casting the negative vote. Both had called to divert and devote resources derived from disarmament measures to economic and social development. The resolution on family unification was opposed by the United States, Israel and the Marshall Islands. In part, it called upon States to guarantee freedom of travel to all foreign nationals legally living within their territory. In explanation, the United States delegate said her country would be pleased to consider "positively" a resolution on the subject of freedom to travel and family reunion, but not this one, due to its "emphasis" on a bilateral issue [between Israelies and Palestinians], which must "not come" before the General Assembly. The relationship between issues of development and concerns of human rights remains uneasy, as seen in the Third Committee this session. But, as Chairman Wenaweser said, it was a "difference in perception as to what needed to be prioritized". He added: "I believe strongly that the cause of human rights cannot be advanced without progress being made in the area of development, and vice versa, and this is an opinion held by an increasing number of people." |
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