Summary: Joint Session between the Working Groups on Human Rights and Humanitarian Law and Human
Development
Globalization and economic, social and cultural rights
| Time: |
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16 July 2002, 16:00-17:45 VK 1:53 PM 2002-11-27 |
| Location: |
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ICCG Room 2 |
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Moderator(s): | | • Ms. Clarissa Bayan-Sycip, Young Women's Christian Association (YWCA)
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Presenters/ Participants: | | • Ms. Isabella Bunn, Christian Aid • Mr. Malik Ozden, Centre Europe Tiers-Monde • Mr. Simon Walker, United Nations Office of the High Commissioner for Human Rights (UNHCHR)
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| Reporter: |
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Silke Hattendorff (ICVolunteers) |
| Language: |
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English |
| Key words: |
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Human rights, globalization, trade, foreign investment, economic, social, cultural, rights, multinationals, transnational cooperation, implementation |
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Contributing to the never-ending debate about the consequences of globalization, this session discussed the impact of international trade and cooperation on human rights as guaranteed by the UN Covenant on Economic, Social and Cultural Rights.
The joint session of the two working groups on Human Rights and Humanitarian Law and Human Development, chaired by Ms. Clarissa Balan, YWCA, was presented by Ms. Isabella Bunn, Christian Aid, Mr. Malik Ozden, Centre Europe Tiers-Monde and Mr. Simon Walker, UNHCHR.
Discussing the issue of globalization and its impact on economic, social and cultural rights, the speakers focused on the problems and conflicts that are likely to arise when commercial interests face off against basic human needs. Globalization was described as a powerful, many-sided, ever-accelerating process with both positive and negative consequences for all parts of every society.
As for the legal background of economic, social and cultural rights, Ms. Bunn emphasized the difference in legal implementation between the two UN Covenants on Human Rights, due to major differences in the valuation of civil and political rights on the one hand and economic, social and cultural rights on the other hand, at the time the two treaties were drawn up, (the 1960s). Mr. Walker later added that UNHCHR was going to create a working group during its coming session in 2003 to set up rules for a complaint mechanism for the International Covenant on Economic, Social and Cultural Rights.
The speakers underlined the need to reconcile economic interests, particularly emerging in fields of foreign investment and transnational cooperation, with human rights and needs. Mr. Walker put the emphasis on three issues brought up by a human rights approach to trade: the need for balance, the principle of non-discrimination and access to essential services. He illustrated his conclusions with the example of access to water resources.
As for international legal instruments, negotiations for an OECD multilateral agreement on investment failed, and although the Commission on Human Rights urges the inclusion of a human rights framework in every transnational investment agreement, so far this has happened only on a voluntary basis, with no legal obligation or control. Nevertheless, huge steps forward have been made and there is increasing public pressure on multinationals to comply with human rights standards.
Interesting questions
A provocative question was raised as to whether international law was not obsolete as it had not caught up with today's reality, particularly in terms of transnational trade. The answer to this was a strong NO, emphasizing the task of human rights agencies to fill the gaps and to serve as a centre point for discussion.
Conclusions
The participants agreed on the controversial nature of the impacts of globalization and the need to find out about its real effects and to strengthen legal mechanisms and supervision.
Presenters' Documents Available
 16.22_bunn_isabella.doc (20 K)
 16.22_ozden_malik.doc (46 K)
 16.22_walker_simon.doc (39 K)
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