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Speech by Ms Navi Pillay United Nations High Commissioner for Human
Rights at the University of Zimbabwe, Harare
UN
High Commissioner for Human Rights Navi Pillay
May
24, 2012
Distinguished
Participants,
Dear Students,
Ladies and Gentlemen [And others as relevant]
I am very pleased
to address you today at the University
of Zimbabwe.
I would like
to express my appreciation to the Government of Zimbabwe for inviting
me to visit the country and for the welcome I have received.
This is the
first visit by the UN High Commissioner for Human Rights to Zimbabwe.
It follows Zimbabwe's participation
in the Universal Periodic Review (UPR), the mechanism which allows
the Human Rights Council (HRC) in Geneva to review the human rights
record of all UN Member States, during which Zimbabwe accepted 130
out of 177 recommendations made by other Member States. On the occasion
of the adoption of Zimbabwe's UPR report by the HRC Working Group
on 12 October 2012, the Zimbabwe delegation noted that human rights
should be viewed unselectively, objectively and in an un-politicized
manner, and called for serious discussion, consideration and acceptance
of social, economic and cultural rights. I welcome this indication
from the Government of Zimbabwe of a willingness to engage seriously
with the international community on human rights issues.
I fully agree
that we need to advance all human rights comprehensively in the
pursuit of full implementation of human rights. In my speech today,
I will explore in some detail the protection and promotion of economic,
social and cultural rights in the context of overall protection.
Indivisibility
of rights
Let me begin
by making one important point. Although for historical reasons there
are two distinct covenants, on civil and political rights (ICCPR)
and economic, social and cultural rights (ICESCR), there is only
one set of human rights, as originally outlined in the Universal
Declaration of Human Rights.
UN Member States,
including Zimbabwe, agreed at the World Conference on Human Rights
in Vienna in 1993 that "all human rights are universal, indivisible
and interdependent and interrelated," and that "the international
community must treat human rights globally in a fair and equal manner,
on the same footing, and with the same emphasis." This implied
a recognition that no human right can be achieved fully without
the enjoyment of other rights.
The right to
vote or to freely assemble does not mean too much to someone who
is suffering from hunger or ill health because she cannot afford
decent health care. At the same time, as the noted Nobel Laureate
Amartya Sen has so aptly argued, no famine has ever occurred in
a functioning democracy. It seems that the full, active and meaningful
participation in designing and implementing government policies
by those affected enables early warning of a crisis and the formulation
of the most appropriate policy responses. Likewise, access to information,
including through a free press, enables people to better prepare
and protect themselves against such crises.
People everywhere
want to be able to fend for themselves, to provide food, shelter
and healthcare for themselves, and want to be able to send their
children to school. This is the idea of dignity that is enshrined
in the Universal Declaration to which the international community,
including Zimbabwe, has subscribed. The freedoms of assembly and
association, the right to participate in decisions that affect one's
life and the right to move freely to seek opportunities are all
essential for a life in dignity. Likewise, human experience demonstrates
that the long term investment of capital, access to credit and the
development of property, which are all necessary for economic growth
and development, and for the realization of economic, social and
cultural rights are difficult when there is an atmosphere of repression,
fear and rampant human rights abuse. Respecting all human rights
is therefore crucial.
Zimbabwe is
a party to both the core international covenants, ICCPR and ICESCR,
and has thereby accepted the obligations imposed on States under
these treaties.
State
obligations
But what exactly
are the human rights obligations of States, particularly when it
comes to Economic, Social and Cultural Rights? Under international
human rights law the State is the primary duty-bearer with regard
to human rights, and its obligations can be divided into three categories:
1. The obligation
to respect human rights, which requires States to refrain from interfering,
directly or indirectly, with the enjoyment of human rights.
For example,
the State must refrain from depriving people of access to food by
denying needed food assistance to political opponents.
2. The obligation
to protect human rights, which requires States to prevent third
parties from interfering with the enjoyment of their citizens' human
rights.
For example,
the State must ensure that third parties, including parents, do
not prevent girls from going to school.
3. The obligation
to fulfil human rights requires States to adopt appropriate measures
to fully realize human rights.
For instance,
addressing the land and housing needs of the population generally
requires a national strategy. Designed with the participation of
rights holders, such a strategy would prioritize the needs of the
most vulnerable and spell out clear objectives and deadlines that
need to be monitored.
The activities
of business can have a profound impact on the enjoyment of human
rights. While business can contribute to the fulfilment of economic,
social and cultural rights by creating jobs and revenue, human rights
law requires States to protect against human rights abuses by business
enterprises by taking steps to prevent, investigate, punish and
redress such abuse.
For their part,
business enterprises have a responsibility to respect human rights
wherever they operate which means that they must exercise due diligence
to ensure that they do not infringe on human rights and address
any adverse impacts that they have. In 2011, the Human Rights Council
unanimously endorsed a set of Guiding Principles on Business and
Human Rights, providing for the first time a global standard for
preventing and addressing the risk of adverse impacts on human rights
linked to business activity.
The
Resource Dimension of ESCR
In many parts
of the world, States assert that a lack of resources inhibits them
from implementing economic, social and cultural rights. While I
acknowledge this reality, I want to emphasize that respecting and
protecting human rights do not necessarily require substantial financial
resources. These obligations mainly require States to refrain from
violating human rights and protecting the population against possible
violations. Many facets of economic, social and cultural rights
actually depend on the adoption of the right policies and the necessary
laws and the willingness to implement them free from corruption,
rather than on money or other resources.
However, some
ESCR obligations do indeed necessitate financial resources and require
time to fully implement. For example, building infrastructure to
provide clean water for each household, or providing local health
clinics to reduce maternal and child mortality require both investment
and time. Does this mean that States can postpone the implementation
of the obligation to fulfil human rights? The answer is no. States
need to take immediate measures using the maximum available resources
at their disposal. These resources can include both national and
international assistance. Moreover, measures that States take need
to be efficient and concrete, and should prioritize those most in
need, with clear indicators of progress and timelines for their
achievements.
These requirements
are encapsulated in the so-called 'principle of progressive realisation':
The Covenant on Economic, Social and Cultural Rights recognises
that full realization of all economic, social and cultural rights
generally cannot be achieved in a short period of time, reflecting
the constraints imposed by the real world and the difficulties all
countries have in ensuring full realization of those rights. At
the same time, the principle of progressive realisation imposes
an obligation to move as expeditiously and effectively as possible
towards that goal.
Consultation
and participation in decision-making, non-discrimination, transparency,
accountability and the rule of law are key factors for the implementation
of human rights generally, and economic, social and cultural rights
in particular.
The
Content of ESCRs
When it comes
to the implementation of human rights and in particular of economic,
social and cultural rights, it is sometimes argued that the content
of human rights - particularly economic, social and cultural rights
- is vague and that there is little guidance on how to implement
them in practice. However, the various international human rights
mechanisms provide a wealth of guidance. The treaty bodies, for
instance, have issued extensive commentaries on specific rights
and their content. These treaty bodies are committees of independent
experts that monitor the implementation of the core international
human rights treaties. They are created in accordance with the provisions
of the treaty that they monitor. Similarly, the work of independent
experts appointed by the Human Rights Council called Special Rapporteurs,
the work of UN agencies and my own Office have also contributed
to clarifying the content of rights.
These resources
and expertise are available and should be used. The international
as well as regional human rights mechanisms can provide expertise
to support the efforts for the realization of economic, social and
cultural rights in specific country situations. In this context,
I would like again to draw attention to Zimbabwe's recent participation
in the Universal Periodic Review and to the review by the Committee
on the Elimination of Discrimination against Women. The outcome
of these processes will hopefully assist the country in strengthening
the promotion and protection of human rights.
I would also
like to encourage Zimbabwe to respond positively to requests for
visits by a number of Special Rapporteurs who are also well placed
to provide guidance on specific rights. Overall, my Office stands
ready to provide assistance to strengthen the human rights capacity
of various actors in the country.
I would now
like to focus on a few selected rights to explain the obligations
they impose on States.
Right
to education
The right to
education is significant for an informed and meaningful participation
of people in democratic processes. To this end, it is especially
important to pay attention to equal access to education for women
and for the most vulnerable members of society.
Historically,
Zimbabwe has had a strong public education system with high levels
of primary school enrolment and literacy rates. Recently, the Government
adopted the Zimbabwe Medium Term Plan (MTP) 2011-2015, which sets
out comprehensive policy objectives and actions that include rehabilitating
existing schools to make them safe and secure. The MTP envisages
that up to 30% of the total annual budget will be allocated to the
education sector to address challenges and remove barriers to access
to education. I welcome the objectives spelled out in this Plan,
which is a good step towards the fuller realization of the right
to education. However, many challenges remain for Zimbabwe to achieve
the realization of the right to education.
Right
to Food
Let me move
on to the right to adequate food. The right to food is not a right
to be fed, but primarily the right to be able to feed oneself in
dignity. Thus, realization of the right to food requires creating
conditions that allow the people, individually or collectively,
to produce food or to buy it. It means a person needs access to
productive resources, such as land, seed and water, or to earn a
decent income and have access to functioning markets. When people
are not able to feed themselves through their own means, in situations
such as conflicts, disasters, illness, disabilities and old age,
the State must provide food directly.
Zimbabwe used
to be the bread basket of the region. However, the country is now
struggling to ensure food and nutrition security for all in the
country. Food production in Zimbabwe has been devastated by a combination
of economic and political instability and natural disasters. In
January 2012, UNICEF warned that at least 3.5% of children face
starvation due to the on-going drought. In March 2012, the Cabinet
declared five drought-hit provinces to be national disaster areas.
It is projected that about 1.5 million Zimbabweans will not be able
to meet their food requirements in the current lean season.
In order to
mitigate the negative impact of such crises, it is critical to take
longer-term measures to build people's resilience against such shocks,
including through establishing more effective mechanisms to facilitate
fair access to productive resources in line with international human
rights standards, decent work and social protection without discrimination.
In addition, emergency measures need to be provided to protect people
from falling into hunger and malnutrition. For both immediate and
longer-term responses, establishing strong accountability mechanisms
is fundamental.
Right
to land and adequate housing
The elements
of the right to adequate housing have been defined under international
human rights law. Security of tenure and affordability are two of
these important elements.
In this context,
the issue of access and use of land are crucial factors. Recently,
Zimbabwe played an active role in coordinating the participation
of the Africa Group in the inter-governmental negotiations on the
Voluntary Guidelines on the responsible governance of tenure of
lands. The Guidelines provide guidance on access to land, and have
incorporated a human rights-based approach. The Guidelines have
been adopted under the auspices of the Food and Agricultural Organisation,
joined by Zimbabwe. I would encourage Zimbabwe to now move ahead
on implementing these Guidelines in line with international human
rights standards in the formulation and implementation of its land
reform and management policies.
Legal security
of tenure means that, regardless of the type of tenure of an individual
or a group (owner, renter or even without a formal title), everyone
should possess a degree of security of tenure which guarantees legal
protection against forced eviction, harassment and other threats.
Affordability
means that the costs associated with housing (rent, mortgage, etc.)
should not threaten or compromise the attainment and satisfaction
of other basic needs. For example if the rent of a family is so
high that they do not have money left to buy food or medicines,
then there is an affordability issue.
In many places
in the world, people have no official title to land or housing,
and live in so called informal settlements. Informal settlements
are primarily the result of rural-urban migration because of the
lack of access to basic services and income generating activities,
or because of poverty, homelessness, landlessness, lack of affordable
housing, or forcible displacement. It is unfortunate that in many
places, including here in Zimbabwe, the response to what is essentially
a poverty issue has been forced evictions of those living in informal
settlements, rather than a more human rights sensitive approach.
Numerous studies
show that forced evictions do not resolve the issue of informal
settlements: people need to have access to jobs and will therefore
have no choice but to return and set up new informal settlements,
perpetuating the cycle of evictions. Evictions cause further destitution
and poverty, are costly and cause long-term damage to the whole
of society. Evictions should not occur at all unless alternative
adequate accommodation is provided.
During my visit,
I have not had the opportunity to visit those evicted during Operation
Murambatsvina. Following the events in 2005, the United Nations
Secretary-General appointed a Special Envoy to assess the situation.
I am particularly interested to hear how the Government has followed
up on her recommendations. I have raised the broad evictions with
my Government interlocutors, and will do so in more detail with
the Minister of Lands, Land Reform and Resettlement.
I would now
like to turn my attention to some additional issues that have been
brought to my attention during my meetings over the past days.
Sanctions
One such issue
is the impact of sanctions imposed by some Western Governments on
Zimbabwe on economic, social and cultural rights. Some of my interlocutors
have argued that these sanctions have had a negative impact on the
population. According to the Zimbabwe Demographic Health Survey
2011, the Maternal Mortality rate now is at 960 per 100,000 live
births, whereas in 2005-2006 it was at 555, an increase of more
than forty percent in just six years. At the same time, the limited
access to clean water has led to outbreaks of typhoid and cholera.
I recognise that other factors may be contributing to these declining
indicators. Nevertheless, there is no doubt that sanctions have
had a harmful impact on Zimbabweans.
In the context
of sanctions, I would like to refer to General Comment 8 adopted
in 1997 by the Committee on Economic, Social and Cultural Rights
which emphasises that the imposition of international sanctions
entails obligations both for the targeted State as well as those
imposing sanctions with regard to economic, social and cultural
rights.
Regarding the
targeted state, the imposition of sanctions does not nullify or
diminish its obligations under economic, social and cultural rights.
While sanctions might well diminish the capacity of the affected
State to fund or support some of the measures necessary for the
fulfilment of economic, social and cultural rights, the State remains
under an obligation to ensure the absence of discrimination in relation
to the enjoyment of these rights, and to take all possible measures,
including negotiations with other States and the international community,
to reduce to a minimum the negative impact upon the rights of vulnerable
groups within the society.
At the same
time, those imposing the sanctions have to take economic, social
and cultural rights into account when designing an appropriate sanctions
regime. Furthermore, they are obliged to take steps, individually
and through international assistance and cooperation, to respond
to any disproportionate suffering experienced by vulnerable groups
within the targeted country.
Good
governance
Another issue
that I feel compelled to raise is the issue of good governance.
Mismanagement, corruption, diversion of funds, allocation of resources
for goals that do not contribute to the common good can significantly
obstruct the achievement of economic, social and cultural rights.
This was most recently recognized by the Human Rights Council in
March when it passed a resolution recognising the detrimental impact
of corruption on the protection of human rights and on the ability
of governments to fulfil their human rights obligations, particularly
the economic and social rights of the most vulnerable and marginalized.
It is my firm belief that respect for fundamental human rights principles
such as equality, non-discrimination, participation, transparency,
and accountability are essential to the fulfilment of all human
rights and must be integral to an effective anti-corruption strategy.
I urge the Government of Zimbabwe to address the issue of good governance
as a priority, also to ensure equitable economic development.
The
Role of Civil society in the promotion and protection of ESCRs
Let me end by
reflecting on the crucial role of civil society in realizing economic,
social and cultural rights. I use the term "civil society"
in a broad sense to also include academic and other institutions.
Universities and academics can play an important role in the promotion
and protection of economic, social and cultural rights. By teaching
and raising awareness on human rights standards, they positively
contribute to a better understanding of economic, social and cultural
rights, hence their use by future professionals, not only lawyers,
but also architects, urban planners, health, education professionals
and others. Research and studies also play a crucial role in identifying
relevant issues in a given country and proposing ways of addressing
them.
Civil society
provides a powerful and essential stimulus for social change and
justice. This is why an enabling and free environment for their
activity is so essential for a country. Protecting and promoting
the work of NGOs, human rights defenders, advocates, journalists
and lawyers and communities themselves fighting for their civil
and political rights and economic, social and cultural rights is
a prerequisite to the development and prosperity of any society.
Growing up in
Apartheid South Africa, I never believed that a transformation would
occur in my lifetime. But it did. Recent movements on our continent
and elsewhere convince me that change and transformation are possible.
The claims for fundamental freedoms from fear and want also resonate
in the Occupy protests that began in Wall Street and spread to other
major cities across the world.
These protests
showed how violations of rights-economic, social, cultural, political
and civil rights-are closely linked and produce chain reactions.
The protesters asserted that the denial of people's participation
in shaping the destiny of a nation and the unfair allocation of
its wealth are all too often carried out by those who wield power
or rig the political game for their own benefit.
More and more
people across the globe are not willing any longer to defer unquestioningly
to invisible forces and unaccountable institutions. They are demanding
higher levels of accountability -- from their governments, from
international institutions, and from the private sector. They make
clear that freedom from fear and freedom from want are the principal
responsibilities of governance and demand a return to the rule of
law -- including in the economic sphere.
Their quest
for dignity is to make the promotion, protection and fulfilment
of human rights as the central purpose of economic and political
systems. The fight against discrimination and exclusion is at the
core of their demands for all, including for women and groups that
historically have been kept at the margins of active political and
economic life.
I thank you
for your attention.
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