Special Rapporteur Warns Food Crisis Will Worsen, Even without COVID-19 and Unilateral Sanctions
Experts emphasized the need to address food insecurity, conflict-destroyed homes and civil society reprisals as the Third Committee (Social, Humanitarian and Cultural) continued its dialogues on human rights today, also focusing on inescapable poverty, leprosy discrimination and restricted rights to assembly.
One of six mandate holders to brief the Committee today, Michael Fakhri, Special Rapporteur on the right to food, invited the General Assembly to pass a declaration reaffirming this right, following recommendations outlined in his report (A/77/177). This will enable work to continue on a Government-based global plan to address food security and nutrition, he said, stressing the need to transition the food system to agroecology. Even if wars, unilateral coercive measures and pandemics ended, he said, the food crisis will continue and worsen, noting that “it is not just a crisis, it is a matter of transformation”.
Observing that many Governments are beginning to end pandemic relief measures, he said these should be made permanent, calling on States to repurpose existing budgets and devise a transition to agroecology. Such a switch can be achieved through a just transition for workers, strong land rights, agrarian reform and accountable corporations, he said.
In the ensuing interactive dialogue, the representative of Angola said, “The increase observed in recent times in the price of certain food products, mainly due to financial speculation, is an example of various structural constraints existing in certain regions that contribute to the increase in food insecurity in other regions.” She added that the right to food is exacerbated by different factors, particularly climate change and humanitarian crises.
The right to food is not only about giving food to poor people, but also about examining who is experiencing hunger and why, the representative of the Dominican Republic said. Adding that powerful forces can influence access to adequate food, she said that violence and armed conflicts continue to be a root cause of food insecurity.
The representative of the European Union, in its capacity as observer, said the Russian Federation’s war of aggression against Ukraine has created a global shock and generated a risk of imminent famine and starvation, adding to challenges posed by the COVID-19 pandemic and climate change. The representative of the Russian Federation, affirming that Moscow did not block any ports in Ukraine, said that his country opens corridors daily so that commercial vessels can exit. Noting unilateral restrictions imposed on his State, he stressed that 300,000 tons of fertilizer are blocked in the European Union. Addressing the right to adequate housing, Balakrishnan Rajagopal, Special Rapporteur on that topic, noted that one third of all homes in Syria have been destroyed during the conflict, leading to 13 million refugees or internally displaced persons. In Myanmar, over 200 Rohingya settlements were burned down or bulldozed between August 2017 and April 2019, displacing over 743,000 Rohingya into neighbouring Bangladesh, he noted.
Defining the massive and deliberate destruction of homes as “domicide”, he said this phenomenon can be tightly entwined with genocide, when destruction, evictions or deportations are carried out to bring about the physical destruction of a population group in whole or part.
In the ensuing interactive dialogue, the representative of Bangladesh underscored that his country is temporarily hosting 1 million Rohingya, who face persecution, genocide and confiscation of their land and houses in Myanmar. Further, he noted that his Government has built 200,000 homes in two years for a million people, including the landless, marginalized, homeless and victims of climate-induced displacement.
Olivier De Schutter, Special Rapporteur on extreme poverty and human rights, spotlighted the rampant and discriminating attitudes and behaviors towards people in poverty, which he termed “povertyism”. Calling for legislative solutions, he noted that more people in poverty will starve or freeze this winter unless immediate action is taken to increase their incomes, amid inflation.
In the afternoon, Clément Nyaletsossi Voule, Special Rapporteur on freedom of peaceful assembly and association, detailed a series of threats, abuses and limitations faced by leaders and participants of social movements, including laws failing to recognize unregistered associations, reprisals by both State and non-State actors, excessive use of force, lack of due process and ill-treatment while in detention. He called on States to create safe and enabling spaces for social movements’ participation and ensure their right to funding.
Also briefing the Committee today were Alice Cruz, Special Rapporteur on the elimination of discrimination against persons affected by leprosy and their family members, and Victor Madrigal-Borloz, Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity.
The Third Committee will reconvene at 10 a.m. on Monday, 31 October, to discuss racism and self-determination.
Interactive Dialogues: Standard of Living
BALAKRISHNAN RAJAGOPAL, Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context, presenting his report (A/77/190), stressed that massive violations of the right to adequate housing continue in an unprecedented fashion during and after violent conflict. Homes continue to be attacked, shelled and bombed, as entire cities and villages are destroyed and millions are displaced into homelessness. He observed the psychological trauma associated with the destruction of a home, the culmination of a life-long effort. With the urbanization of war, the conflict-related destruction of homes has intensified. Today, more people live in densely populated areas, where armed conflict is increasingly taking place. Weapons with wide area impacts continue to be used in residential areas. They kill civilians in indiscriminate fashion, destroy hundreds of thousands of homes and displace millions in fundamental disrespect for international humanitarian and international human rights law. This phenomenon has been termed “domicide” — the massive and deliberate destruction of homes to cause human suffering.
Turning to the situation in Syria, he said one third of all homes were destroyed during the years of conflict, while 13 million people have either fled the country or are displaced within its borders. In Myanmar, over 200 Rohingya settlements were burned down or bulldozed between August 2017 and April 2019, displacing over 743,000 Rohingya into neighbouring Bangladesh. During the ongoing armed attack of the Russian Federation against Ukraine, tens of thousands of homes across the country have been targeted and left destroyed. In Mariupol alone, a city of 400,000 inhabitants, 90 per cent of all apartment buildings have reportedly been damaged or destroyed.
He underscored that international humanitarian law reinforces the protection of the home and the right to adequate housing under human rights law during armed conflict and situations of occupation. International humanitarian law clearly prohibits destroying any civilian home if it has not become a legitimate military objective, he said, expressing concern that, too often, it is not observed by parties to a conflict. An example is the continued use of explosive weapons with wide-area effects in densely populated areas. These include artillery, cluster munitions and large improvised explosive devices, which have killed many civilians and are causing significant damage to civilian housing and critical infrastructure, including the disruption of services essential to the survival of the civilian population such as water, electricity, sanitation and health care. In this context, he called on Member States to sign the Political Declaration on Strengthening the Protection of Civilians from the Humanitarian Consequences Arising from the Use of Explosive Weapons in Populated Areas.
Domicide can be tightly entwined with genocide, when housing destruction, forced evictions or deportations are carried out with the aim to bring about the physical destruction of a population group in whole or in part, he warned, pointing to atrocities in Bosnia and Herzegovina, Rwanda and during the Holocaust. Domicide may also amount to crimes against humanity when committed as part of a widespread or systematic attack directed against a civilian population — whether in peacetime or during armed conflict. Emphasizing that domicide sets off a domino effect on other human rights, including the rights to education, food, water and work, he asked: “How many Aleppos, Saanas and Mariupols shall we continue to accept?”
In the ensuing interactive dialogue, the representative of Bangladesh underscored that, in two years, his Government built 200,000 homes which accommodate 1 million people, including the landless, marginalized, homeless and victims of climate-induced displacement. Bangladesh is temporarily hosting 1 million Rohingyas who face persecution and genocide as well as confiscation of their land and houses in their homeland. On situations of mass border displacement due to conflict, he asked the Special Rapporteur about ways to support affected communities in their home countries. Similarly, the representative of Mali asked the Special Rapporteur what the priority of developed countries should be in terms of food security and access to basic services.
The representative of the United States expressed deep concern over the number of homes targeted during Moscow’s aggression against Ukraine. The international community should promote just solutions for refugees, internally displaced and stateless persons, including those displaced by conflict and climate change. He asked the Special Rapporteur how the international community can address the housing needs of refugees displaced by Moscow’s unprovoked war against Ukraine.
The representative of the European Union, in its capacity as observer, noted with concern the impact of conflict on civilian lives and the right to adequate housing, including deliberate targeting of homes in Syria, Libya, Myanmar, Afghanistan, Iraq, Palestine and Ukraine. Pointing to indiscriminate attacks on Ukrainian housing and civilian infrastructure by Russian forces, including in densely populated areas, she asked the Special Rapporteur to elaborate on the implementation of domicide as a distinct crime under international law.
Meanwhile, the representative of the Russian Federation said that, unfortunately, the Special Rapporteur seems to believe that what is happening in Ukraine began this year, as if the West-supported illegal coup d’état did not happen in Kyiv in 2014. For eight years, Donbas lived under mass artillery and air strikes from the Ukrainian armed forces, and entire residential areas were destroyed, including the civilian infrastructures and hospitals. The European Union and the United States openly supported the nationalist Kyiv Government in this conflict. From 2014 to 2022, Mariupol was controlled by the terrorist group Azov – a part of the Ukrainian armed forces – which drove people out of their homes, he asserted.
Responding, Mr. Rajagopal stressed the importance of providing housing to internally displaced persons and refugees. In Ukraine, the response of neighbouring countries has been robust, he said, also noting the critical role of Bangladesh in hosting refugees from Myanmar. Voicing concern over the impact of climate change, he underscored the need for a broader framework to enable a smoother transition. The burden of proving that something is used for military purposes is entirely on those who engage in such action, he asserted. During non-international armed conflict, domicide is perpetrated not only by State actors but also a variety of non-State actors, he emphasized, adding that mass destruction of housing must be criminalized. Apart from that, victims should be given access to smart technology, as satellite imagery can be a part of prevention efforts. He also stressed that he operates in a collaborative fashion with other Special Rapporteurs.
Also speaking were representatives of the Dominican Republic, Cameroon, China, India, Iran and Syria.
Food
MICHAEL FAKHRI, Special Rapporteur on the right to food, said women face overwhelming degrees of discrimination and violence, all while having to feed their families and communities. In 2021, the number of children in child labour globally increased to 160 million, the first rise in 20 years, mostly in the agricultural sector, he said. He underscored that workers, peasants, pastoralists and fishers are essential food-producers, who are treated as expendable. Moreover, indigenous peoples’ homelands are being stolen, occupied and decimated at genocidal rates. Stressing that last year’s resolution on the right to food and the request for an interim report on the impact of the COVID-19 pandemic on food security and nutrition was the first multilateral response to the food crisis. Since then, the food crisis has gotten worse, although there has also been an increased recognition of the right to food. In this regard, he cited the United Nations Global Crisis Response Group, the Food Systems Summit Hub and interest demonstrated by the Security Council. He also pointed to the United Nations Conference on Trade and Development (UNCTAD) proposal that the World Trade Organization (WTO) use a right to food approach. Noting that a Government-driven global plan of action to tackle the food crisis is still missing, he encouraged the General Assembly to make a right to food declaration in terms outlined in his recommendations. Identifying debt, trade and corporate power as three structural challenges, he invited Governments to continue COVID-19 pandemic relief measures, but make them permanent instead. He urged States to repurpose existing budgets and use of national food pathways in transitioning to agroecology. Adding that this can be achieved through a just transition for workers, strong land rights and genuine agrarian reform and holding corporations accountable, he pointed to the updated meaning to the right of food included in his report.
When the floor opened for questions and comments, the representative of Azerbaijan, speaking on behalf of the Non-Aligned Movement, expressed concern at the high volatility in global food prices, noting limited progress in reducing hunger globally. The continuing international economic and financial crisis further hinder the global fight against hunger. Adding that the multiple and complex causes of the crisis require a coordinated response by the international community, she emphasized the importance of strengthening the Food and Agriculture Organization (FAO), Global Information and Early Warning System on Food and Agriculture and the Committee on Food Security in order to help address and prevent recurrence of a food crisis. She also underscored the need to leverage the role of South-South cooperation and triangular cooperation to promote industrial and semi-industrial ventures and ensure food security.
The representative of the Russian Federation, affirming that his country did not block any ports in Ukraine, said they were mined by Ukrainian armed forces on the orders of Kyiv. Daily, the Russian Federation opens corridors to allow commercial vessels to exit, though these have not been used, he said, adding that States have imposed unilateral restrictions on Moscow, making the export of Russian and Belarusian fertilizer difficult. Pointing to the continuing refusal of European Union States to release thousands of tons of fertilizer from private companies in the Russian Federation for free distribution through the United Nations to countries in need, he noted that 300,000 tons of fertilizer are blocked in the Union. Citing the Joint Coordination Centre in Istanbul on the use of humanitarian corridors by 390 vessels bringing out 9 million tons of food from Ukrainian ports, he said half of these reached European countries, the United Kingdom and Israel. Countries in need received only 3 per cent, he said, adding that the food shortage in Syria is caused by the United States’ illegal occupation of the country.
The representative of the Dominican Republic, noting that violence and armed conflicts continue to be a root cause of food insecurity, asked about timely actions to improve the situation. The right to food is not only about giving food to poor people, she said, stressing the need to examine who is experiencing hunger and why. Adding that powerful forces can influence access to adequate food, she asked how the proposed General Assembly Declaration on Food can orient States in providing a response to the crisis.
The representative of the European Union, in its capacity as observer, noted that the Russian Federation’s war of aggression against Ukraine has created a global shock and generated a risk of imminent famine and starvation. This is adding to existing pressures from the unfolding climate change crisis and the COVID-19 pandemic still affecting parts of the globe. She asked how to transform the global food system to prevent crises like this from spurring food insecurity worldwide and also about best practices on multilateral commitments in realizing such a right.
The representative of Indonesia stressed that the right to food is one of the most fundamental needs, pointing to a national plan for development in her country addressing food resilience through increased productivity, availability, distribution, affordability and consumption of healthy food. She asked what areas should be incorporated in capacity-building programmes for small-scale farmers and farmer empowerment programs.
The representative of Angola said the right to food is exacerbated by different factors, particularly climate change and humanitarian crises. “The increase observed in recent times in the price of certain food products, mainly due to financial speculation, is an example of various structural constraints existing in certain regions that contribute to the increase in food insecurity in other regions”, she said. She asked about main elements that could reverse the lack of consolidated actions toward the positive transformation of food systems.
The representative of Somalia expressed concern over illegal, unregulated and unreported fishing. Stressing that this causes incalculable devastation to food security and the environment, he asked Mr. Fakhri how the problem could be curtailed.
Mr. FAKHRI, responding, highlighting specific provisions on the right to food in the International Covenant on Economic, Social and Cultural Rights, said it was negotiated in the 1960s, based on assumptions of the 1950s, stressing that much has changed in the world legally, ecologically and economically. Noting the outcome of the United Nations Food Systems Summit 2021 was a global consensus that the right to food matters, he stressed that 110 Governments developed national pathways for food. However, they were not created to reflect human laws and principles, he said, noting that they focus on national concerns that do not necessarily foster cooperation between countries. Inviting a strong General Assembly resolution in the terms he outlined, he said he could use such a declaration to push Governments and international organizations towards developing a global plan to tackle the food crisis. Stressing the importance of engaging civil society, he said his next report will focus not only on armed conflicts but all forms of violence on food systems, including unilateral coercive measures. Noting that States highlighted different aspects of the food crisis, he said that even if wars and unilateral coercive measures or the pandemic ended, the food crisis will continue and worsen. Stressing that it reflects a problem in markets and in the financial system, he said “it is not just a crisis, it is a matter of transformation”. Therefore, he invited a transition of the food system to agroecology, in a way that is globally coordinated and sustainable. On Somalia’s question about fishing, he said this will be addressed in future reports. Also speaking today were the representatives of Portugal, Iran, Cameroon, Belarus, Japan, Cuba, China, Nigeria, Syria and Morocco.
Extreme Poverty
OLIVIER DE SCHUTTER, Special Rapporteur on extreme poverty and human rights, said that his report (A/77/157) called on the international community to do more to protect people in poverty from the multiple forms of discrimination they face. Highlighting an extreme loss in purchasing power due to the record high European inflation rate of 10 per cent and food prices in sub-Saharan Africa surging by nearly 24 per cent, he said more people in poverty will starve or freeze this winter unless immediate action is taken to increase their incomes. Introducing the word “povertyism”, or negative attitudes and behaviors towards people in poverty, he said it is rampant and facilitates discrimination. Examples include bullying in schools, children being discouraged from pursuing higher education or being refused access to certain schools, landlords refusing to rent apartments to tenants receiving social benefits, and widespread discrimination in hiring practices, which affect people in poverty worldwide. This discrimination is present across institutions, as judges will hand down harsher sentences in line with anti-poor stereotypes, which explains their disproportionate representation in the criminal justice system, he said. Underscoring the humiliation that people in poverty face, he said all these forms of discrimination are further obstacles in the fight against poverty. Povertyism is so entrenched in minds and institutions that the only way forward is for it to be made illegal, he said, adding that “social origin” or “socioeconomic condition” should be included in the anti-discrimination framework adopted by States Parties to the International Covenant on Economic, Social and Cultural Rights. Further, laws prohibiting discrimination may be insufficient, he said, suggesting that class-based affirmative action or positive actions could be part of a legislative solution across education and employment sectors. He pointed to India’s progress in banning discrimination against “untouchability” or reserving seats in public offices, schools, and public sector jobs. He reported that negative views against poor children diminished after elite schools in Delhi were forced to open more spaces to children from low-income families. Underscoring the importance of affirmative action mechanisms, he said they also have symbolic value, recognizing the obstacles that people in poverty face, promoting diversity in societies and providing role models to young people from underprivileged backgrounds.
In the ensuing interactive dialogue, the representative of France, speaking on behalf of a group of countries, said that universal rights such as housing and health care set up a framework for anti-discrimination, stressing that the participation of people living in poverty is crucial. She asked what measures might link policies with already existing anti-discrimination legislation.
The representative of Cameroon said that in contrast to genetic factors such as sex and ethnicity, poverty can be corrected through investment in infrastructure, universal education and health care. She also stressed that poverty is not the result of laziness, lack of self-control or lack of planning.
The representative of Angola said that the systemic nature of anti-poor discrimination is a concern for everyone, adding that negative stereotypes only lead to repeated cycles of poverty. She hailed positive actions and intersectionality as key in creating anti-discrimination legislation.
The representative of China recalled the country’s victory in the war on poverty. All of the rural poor have been lifted out of poverty, including ethnic minorities, she said, adding that, as China has achieved the first Social Development Goal ten years ahead of schedule, it serves as an example in policymaking.
The observer of the Sovereign Order of Malta noted that 80 per cent of the world lives on less than $30 a day, a proportion that will only increase due to post-COVID-19 crises. Recalling the Secretary-General’s comment that the current geopolitical system serves to protect the interests of developed countries at the expense of less-developed ones, he lamented that many legislative frameworks meant to address poverty do not guarantee an income for women. In 2015, 122 women aged 25-34 lived in poverty for every man in the same age group, he said, asking how the international community can ensure a more equitable distribution of wealth.
Responding to the delegates, Mr. Schutter said States’ priorities must begin with anti-discrimination laws, pointing to France’s 2016 law and Belgium’s initiative to recruit experts who have lived in poverty to inform their legislation. He said that, while poverty is unlike ethnic origin or sex, it still places the individual in circumstances that are hard to avoid. He highlighted his last report, which showed that children born into poverty face extreme difficulty in escaping it. His next report will focus on workers, how to strengthen buying power, unions and the concerning increase in piece labor and contracts. He said that better political representation is required to undo stereotypes, underscoring that article 25 of the Covenant on Civil and Political Rights guarantees the right to participate. People living in poverty are barred from participating in processes of decision and solution building that affect them directly for lack of time or access. The only way to break this cycle is to create conditions to include them, he emphasized, adding that he is currently working on a related methodology.
Also speaking were representatives of Luxembourg, Russian Federation and Syria. A representative of the European Union, in its capacity as observer, also spoke.
Peaceful Assembly and Association
CLÉMENT NYALETSOSSI VOULE, Special Rapporteur on freedom of peaceful assembly and association, noted that new and more inclusive approaches to governance are needed in tackling multiple global crises. Detailing the many invaluable contributions of social movements to the political, economic, social and environmental well-being of individuals and societies, he spotlighted threats and restrictions civil society faces in exercising the right to associate and assemble peacefully. He cited laws failing to recognize unregistered associations, granting the State extensive discretionary powers and failing to fully respect the rights to freedom of peaceful assembly, association and expression. Frequently, leaders and participants of social movements are targeted for reprisals by both State and non-State actors, he said This happens in the form of extrajudicial killings, assault, threats and intimidation, arbitrary detention, unwarranted surveillance and stigma, with movement members being labelled as threats to national security, terrorists or foreign agents. Occasionally, attacks have forced them into exile. Where social movements engage in large-scale protests, States frequently counter with restrictive responses, including by declaring states of emergency or martial law or using excessive force to disperse assemblies, he added, stressing a lack of accountability. Further, he cited cases of activists subject to unlawful convictions, collective trials, lack of due process, torture and ill-treatment while in detention.
Inviting States to treat social movements as partners, he recommended the creation of a safe and enabling space ensuring the full enjoyment of their rights, with States refraining from imposing restrictions on unregistered associations and attacks. Calling for inclusive policy processes and responsivity to demands, he said that States should involve social movements in processes of legislative drafting and institutional reform, ensuring that policies reflect the rights-based demands they advance. Stressing the importance of promoting and partnering with social movements, Mr. Voule underscored that they can be a valuable tool for information acquisition, policy development and creation of effective implementation measures. Further, he encouraged States to remove obstructions and ensure civil society and social movements’ right of access to funding, including foreign funding and public support. Also recommending the promotion of freedom of movement, he said that countries should cease the unlawful practice of imposing travel bans on human rights defenders and social movement activists.
In the ensuing interactive debate, the representative of Switzerland said many examples in the report show the importance of the freedom of association to ensure gender equality, democracy, peace and development. Social movements show the realities and problems of citizens, and without this many advances would not have taken place. Violence against peaceful protestors is a violation of many rights, including privacy, participation in public affairs and protest.
The representative of Lithuania, speaking on behalf of the Nordic-Baltic countries, said domestic repression causes a climate of fear, gradually eroding human rights. She asked what measures can be taken to protect journalists and other media workers during protests and ensure their safety.
The representative of the United States expressed dismay at unlawful restrictions on fundamental freedoms in many States, despite their obligations under international law. The international community should speak out to ensure universal rights, and take steps to ensure access to justice as well as ensure accountability.
Similarly, the representative of Saudi Arabia said it was important to preserve the right to peacefully protest in accordance with international law, while the representative of Iran said international human rights law considered peaceful assembly as a defining human rights characteristic.
The representative of the United Kingdom noted that the Covid-19 pandemic has been used as a pretext to restrict civil space, issue misinformation, conduct surveillance, restrict Internet access and curb civil movements, asking about successful partnerships between Governments and social movements. In a similar vein, the representative of India noted that economic and social inequalities have deepened during the pandemic, asking about the impact of these inequalities on the rights to peaceful assembly and association.
The representative of Pakistan said emergency measures imposed by Governments as a response to peaceful protests violated many rights, and could lead to killings, unlawful detentions and the use of force, in particular in situations of foreign occupation. She asked about pathways and options available to prevent human rights violations in areas of foreign occupation, considering that peaceful assembly is the only non-violent political option for demanding human rights, including the right to self-determination.
The representative of the Russian Federation noted that the Expert is unable to distance himself from politicization and double standards, and is not always impartial in his report, a perspective that was echoed by the representative of China, who expressed hope that the Special Rapporteur followed his mandate and discharged it in an objective manner.
Mr. Voule, responding, stressed the importance of States reviewing their laws that criminalize or label social movements as terrorist groups. He pointed to certain laws, such as those linked to money laundering, which are used to restrict the space in which civil society and social movements can move. Responding to the comment from the United States, Mr. Voule said Governments must refrain from attacks or prosecution against those who are exercising their rights, adding that the stigmatization of demonstrators as terrorist groups or puppets of foreign agents must end. Responding to Switzerland’s delegate, he said the report mentioned the importance of ensuring that new technology can contribute to promoting rights and that online surveillance prevents civil society from moving and working digitally to protect rights and promote development. States must place a moratorium on the sale of certain types of technology that are sold today to restrict these rights, he said.
States need to recognize social movements, Mr. Voule said, and allow even non-registered organizations to operate freely, as these movements appear due to specific need or issues, bringing an important message of social justice and equality. They are an indicator of the well-being of society, and should be supported as such. There must be a de-escalation of protests in Iran, and respect for the rights of the women in that country to dignity and the right to protest. Social movements must be allowed to contribute to the right to development and achievement of the Agenda 2030 for Sustainable Development, he said, adding that the economic effects of Covid-19 cannot be underestimated, due to the inequalities that they have caused, in particular among the poorest.
Also speaking were the representatives of Qatar, European Union and Belgium (on behalf of the Benelux countries).
Leprosy
ALICE CRUZ, Special Rapporteur on the elimination of discrimination against persons affected by leprosy and their family members, presenting her report, stressed that persons affected by leprosy should be fully recognized as persons with disabilities, not only on the grounds of physical impairments caused by leprosy and the multiple barriers to their full participation imposed by society, but also on the grounds of discrimination based on harmful stereotypes about leprosy itself. Yet, persons affected by leprosy and their family members have been excluded from the global conversation on disability, and society’s disabling forces affecting them have been left unexamined. Issues around the recognition of invisible and psychosocial impairments, effective access to disability-related benefits, the right to an effective remedy and reparation and the intersection of leprosy with deep-rooted harmful stereotypes remain unaddressed.
She spotlighted systemic barriers to the full and meaningful participation of persons affected by leprosy and their family members, including institutionalized discrimination; illiteracy and low educational qualifications; legal impediments; physical and environmental barriers; and a lack of support mechanisms for overcoming structural disadvantages reflected in unequal socioeconomic and education status. To this end, she called on States to implement the provisions of the Convention on the Rights of Persons with Disabilities. During the past years, she has documented discrimination on the grounds of leprosy and presented evidence on discrimination and systemic denial of access to opportunities in the fields of education, work, social protection and access to justice. She has also presented evidence on physical, psychological and sexual violence, especially perpetrated against women and children affected by leprosy, as well as on how harmful stereotypes about leprosy can lead to summary executions and menace the very right to life of those affected by it.
The representative of Japan said her country has been implementing policies to eliminate discrimination against persons with leprosy, abolishing past isolation policies and compensating former patients and their family members. Moreover, Japan contributed to the adoption of the resolution on elimination of discrimination against persons affected by leprosy and their family members at the Human Rights Council in 2020.
The representative of the European Union, in its capacity as observer, expressed concern that persons affected by leprosy still face enormous stigma and harmful traditional practices, as well as discriminatory laws which hinder the enjoyment of their human rights and their equal participation in society. She asked the Special Rapporteur about positive examples of inclusiveness of persons with leprosy and their meaningful participation in policymaking.
Along similar lines, the representative of Colombia, calling on interested parties to share practices to eliminate discrimination against persons affected by leprosy, asked the Special Rapporteur about good practices States can implement to support persons with leprosy, especially in vulnerable situations. Similarly, the representative of Angola asked how States can ensure better protection for persons with leprosy, without subjecting them to scrutiny.
The representative of Bangladesh noted that his Government has established community clinics and aims to make the country leprosy-free by 2030, while ensuring leprosy medication for all as well as researching the disease.
The representative of Nepal said her country achieved elimination of leprosy as a public health problem in 2009. However, new leprosy cases are increasing in Nepal, she cautioned, asking the Special Rapporteur how she will cooperate with Member States in ensuring the rights of persons affected by leprosy and the elimination of leprosy in the post-COVID-19 environment.
Responding, Ms. Cruz raised concern over 100 existing laws that actively discriminate against persons affected by leprosy and their families worldwide. She supported the access of persons with leprosy to social, economic and cultural rights, noting that there is no systemic change without self-determination. Pointing to the ongoing situation of extreme vulnerability and poverty experienced by persons with leprosy, she stressed that international cooperation is essential in tackling their situation. She also underscored the importance of cooperation between States and private actors as well as civil society organizations on the ground. Moreover, States should support research for better medications and treatments, she noted. Technical guidelines introduced by the World Health Organization (WHO) only measure physical and visible impairments related to leprosy. Yet, persons with leprosy experience invisible and psychosocial impairments, she stressed. In Brazil, the organization for people affected by leprosy is responsible for changing the name of leprosy to Hansen’s disease. Leprosy is much more than a disease, it is a highly stigmatized label, she stressed, expressing support for the new name as it mitigates stigmatization.
Also speaking were representatives of Portugal and China.
Sexual Orientation and Gender Identity
VICTOR MADRIGAL-BORLOZ, independent expert on protection against violence and discrimination based on sexual orientation and gender identity, presented his report (A/77/235), noting that sexual orientation and gender identity – human traits that are possessed by every human on earth – are factors that contribute to conflict-related violence and discrimination in the case of LGBTI persons. These categories must be included in the formulation, execution and evaluation of the United Nations peace and security agenda, he stressed. The absence of reference to sexual orientation and gender identity in security frameworks such as the women, peace and security agenda, produces a lack of monitoring and understanding that leaves specificities of LGBTI persons in conflict unaddressed. Such specificities are structural, when laws criminalize LGBTI persons, social, through norm-based exclusion, and physical, including targeted killings, torture, persecution and sexual violence. He noted that violence is most often implemented to enforce norms, as is the case with rape practiced on lesbian and bisexual women and heinously called “corrective”, he said. Further, actors may scapegoat LGBTI communities to advance their interests during conflict, a practice known as “instrumentalization of prejudice” or “violence by prejudice”.
He said the report also includes analyses of legal frameworks, including international humanitarian law, criminal law, and many State and non-State obligations to address these issues. Under an intersectional gender approach, existing legal obligations must be interpreted as applying to the situation of LGBTI and gender-diverse persons in conflict, he said. He underscored that parties to conflict must therefore comply with several obligations, including not to target persons based on their perceived sexual orientation or gender identity in situations of occupation or imprisonment during war as well as to prohibit sexual and gender-based violence when perpetrated against LGBTI persons. International standards also apply to LGBTI persons as victims of social prejudice, and prosecutions for crimes against humanity may be sought, he said. Adding that their participation in peacebuilding is key in preventing a recurrence of violence against them, he emphasized that LGBTI persons also are subjected to heightened risk in conflict. They should be prioritized as subjects of protection without being subjected to stigma and persecution that exacerbate risks to their life or personal integrity or hinder their work.
In the ensuing interactive dialogue, the representative of the European Union, in its capacity as observer, and the representative of Australia expressed deep concern over the death penalty used against LGBTI people in 11 countries, with the latter calling on States to repeal all laws criminalizing LGBTI persons and also end discriminatory practices in employment and education.
The representative of Angola underscored that women are particularly affected by sexual violence in armed conflict and asked if Mr. Madrigal-Borloz identified any specific trends affecting them in his research.
The representative of the United States expressed deep concern about the 100 million people currently displaced by global conflicts, adding that, while issues impacting LGBTI people are global, the country is working to improve its own policies at home with help from the independent expert.
The representative of Japan condemned violence in the report and asked how best to overcome challenges in reporting violence that LGBTI people face in conflict.
The representative of Georgia said that relevant human rights work is on the country’s agenda to address the needs of vulnerable people, including LGBTI persons. Regrettably, the country will not be able to include the Georgians in Russian-occupied territories, whose rights are violated daily. She asked the expert for recommendations in situations where monitoring mechanisms are not allowed.
The representative of Argentina highlighted the country’s Truth, Justice and Reparations project, which conserves and disseminates memories and stories of the LBGTQI+ community.
The representative of Chile recalled the country’s recent childhood and adolescence law protecting gender preference and sexual identity as well as legislation banning corrective surgery on intersex newborns.
Responding to the delegates, Madrigal-Borloz reaffirmed that a human-rights-based perspective must be present in all legal and policy frameworks addressing LGBTI people under principles including the right to life and the responsibility to protect. The international community must create confidence-building measures, as trust has understandably broken down over the course of historic discrimination, he said. Further, States should recognize that sexual orientation and gender identity are essential perspectives for any dialogue. Concrete examples include France, which has appointed a representative for the LGBTI community, or, more broadly, a larger legal framework such as Luxembourg or Uruguay. Recalling Argentina’s intervention, he said that truth and reparations initiatives must highlight how violence affects LGBTI persons differently. This work, which must include LGBTI persons, is key in the bodies themselves, as any mechanism designed without the affected communities will fail to prevent recurrence, he said.
Responding to Georgia’s delegate, he said that when protection frameworks are lacking, international humanitarian and criminal law must apply to instances of violence against LGBTI people. To the United States’ mention of the 100 million people displaced due to conflict, he highlighted his close collaboration with the Office of the United Nations High Commissioner on Refugees (UNHCR) informing policy and response and said their work will continue. He reiterated that preventing violence against LGBTI people starts with the simple political will of States and actors, beginning with acknowledgment that this population exists.
Also speaking were representatives of Israel, Mexico, Canada, Colombia, Luxembourg, Belgium, Ireland, Slovenia, Spain, Uruguay, France, Netherlands, United Kingdom, Czechia, Albania, Germany and Iceland. An observer of the Sovereign Order of Malta also spoke.
Source: United Nations