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ESCR / Statements / Brazil / 2009 / July

Position paper 2009 relating to substantive and other aspects of attacking the root cause of violence

Position paper 2009 relating to substantive and other aspects of attacking the root cause of violence
17 pages / 213 KB

The 2009 Special Procedures Seminar is the third such seminar aimed at enabling non-governmental organisations to use the United Nations Special Procedures System to address the economic, social and cultural root causes of violence. Fourteen participants from Afghanistan, Brazil, Cambodia, the Gambia, India, Nigeria, Peru, the Philippines, Romania, Sierra Leone, Uganda, Uruguay and Zimbabwe took part in the seminar. The participants also met with mandate holders dealing with human rights and access to safe drinking water and sanitation, violence against Women, human Rights and extreme poverty, human rights defenders and violence against children. They also met with a former chairperson of the working group on arbitrary detention.
 
Prior to the seminar, participants prepared papers examining specific situations in which violations of economic, social or cultural rights led to torture or other serious forms of violence in their country. On that basis, and during the seminar, participants developed cases for eventual submission to special procedure mechanisms. This document includes summaries of those cases.
 
This document begins with an article dealing with OMCT’s experience in dealing with the issue of economic relativism; that is the argument that economic priorities can justify violations of human rights. This is part of OMCT’s overall objective to reject the various arguments that enjoyment of human rights can be limited by concerns of security or economic development and cultural practices.
 
Through their case studies, the Seminar participants gave concrete illustrations of the link between violations of economic, social and cultural rights and violence. The mutually reinforcing relationship between marginalisation, poverty, and violence means that reducing violence against women, children, human rights defenders, and other vulnerable groups requires addressing land grabbing, discrimination, denial of educational opportunities, and other economic, social and cultural root causes.
 
The seminar’s participants, in addition to the case studies summarised in this document, identified cross-cutting issues that affected the various situations they were dealing with. Access to land and forced evictions were major issues in nearly every country. In many instances, states were directly involved in land dispossession, and in all cases had failed in its obligations under international covenants to protect and respect land rights. Likewise, governments have failed to address poverty, inequality and discrimination.
 
Participants also drew attention to the heightened risk of violence against women, children, the poor and other vulnerable groups. In addition to their increased vulnerability, special attention must be paid to the specific effects of torture and violence on these populations, so that support and can be tailored to their specific needs.
 
The primary obstacle to addressing violence and its economic, social and cultural root causes for participants was poor implementation of existing legislation and obligations. This often resulted from corruption and impunity, both among legislators and the judiciary. Even where domestic laws exist in addition to international obligations, an ineffective judiciary does not utilise or enforce them. Similarly, the criminal justice system, rather than serving a rehabilitative function, instead exacerbates economic and social inequalities and perpetuates the mutually reinforcing relationship between poverty and violence.
 
Needs of NGOs in addressing the root causes
 
Participants discussed the support they needed to continue addressing the economic, social and cultural root causes of violence in their countries. Many expressed a desire for technical assistance. OMCT was called upon to provide manuals, trainings and practical advice to NGOs, as well as knowledge of and access to UN mechanisms and other international bodies.
 
The participants also stressed that the presentations from academics and the opportunity to dialogue with experts on the Special Procedures system were very helpful. OMCT can continue to provide such opportunities for cross-fertilisation between local and regional NGOs and international academics and experts.
 
In addition, OMCT can consolidate and disseminate the information and ideas collected during the Seminar. OMCT is well placed to inform UN agencies and committees on the link between economic, social and cultural rights and violence. It can also push for greater inclusion of grassroots organisations and local NGOs in the UN system.
 
Next steps for NGOs
 
Having established a framework and concrete next steps for action files, complaints, and other interventions for submission to UN Special Procedures mandate holders, participants recognised the need for follow-up and finalisation. With technical assistance from OMCT where needed, NGOs will gather additional information and refine the documents drafted at the Seminar.
Participants also recognised the need to utilise the media. By publicising issues and disseminating information to the general public, media coverage can put additional pressure on the government to act, and provide cover for human rights defenders and victims. NGOs should also prioritise follow-up with national and international authorities, and utilise the media to publicise government inaction.
 
NGOs can utilise the EU Guidelines on torture and other cruel, inhuman or degrading treatment to generate international interest and draw the attention of the EU and its member states to rights violations. Regarding the issue of land rights, the Special Rapporteur on adequate housing's "Basic principles and guidelines on development-based evictions and displacement" can be a useful tool in pressuring states to address land dispossession and forced evictions.
 
Protection of victims should also be a priority. NGOs must manage expectations of victims, and be realistic about the goals and likely results of interventions. They must also ensure victims receive support (psychological, social, etc.), not only to deal with the trauma of violence itself but also the additional trauma involved in sharing and publicising their stories.
 
 
It is also important that, in addition to submitting complaints, NGOs support the work of the Special Procedures mandate holders. Where mandate holders are unable to arrange an official visit, NGOs can invite them to visit the country in an informal capacity. The mandate holders all emphasised that they rely on local organisations for information and guidance when conducting country visits. NGOs therefore have a responsibility to connect mandate holders with grassroots organisations and those affected.
 
 
OMCT wishes to thank the participants and presenters for their contributions, and Ms. Lisa Knox for the preparation of this position paper.

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Date: July 31, 2009
Activity: Economic, Social and Cultural Rights
Type: Statements
Country: Afghanistan, Brazil, Cambodia, Gambia, India, Nigeria, Peru, Philippines, Romania, Sierra Leone, Uganda, Uruguay, Zimbabwe

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