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[casi] Dominicans for Justice and Peace at UN Sub-Comm



Dear All,

Please find below the text of the statement made by Philippe LeBlanc of
Dominicans for Justice and Peace ( http://un.op.org/ ) on 8 August at the UN
Sub-Commission for Human Rights.

Dominicans for Justice and Peace has been among the most vocal of the NGO's
at the UN Commissions and Sub-Commissions in highlighting the plight of the
Iraqi people at the UN and was granted Special Consultative Status with the
Economic and Social Council (ECOSOC) of the United Nations in 1992.

Further documentation on the Sub-Commission for Human Rights (which is in
session at the moment) can be found at:
http://www.unhchr.ch/html/menu2/2/55sub/document.htm

In peace,
John O'Connor


UN COMMISSION ON HUMAN RIGHTS

Sub-Commission on the Promotion and Protection

of Human Right

Fifty-fifth Session

Palais des Nations, Geneva

July-August 2003

Item 4: Economic, social and cultural rights

Statement delivered by Philippe LeBlanc, OP, on August 8, 2003

Dominicans for Justice and Peace, Dominican Leadership Conference, Pax
Christi International, in conduction with Franciscans International, raise
the issue of the impact of sanctions and of war on the full enjoyment of
economic, social and cultural rights especially by the most vulnerable in
society, i.e. children and women. We deal more specifically with these
rights while being fully aware of the interdependance of all rights,
including  civil and political rights. We know that wars destroy the fibre
of a country and eradicate the gains made over the years for the betterment
of the lives of the people.

Furthermore, in a situation where a country is governed by a repressive
regime, crippled by  sanctions and an embargo as well as being battered by a
destructive war, it is difficult for the international community to convince
the victims of the enjoyment of economic, social and cultural rights. For
example, how do we speak of rights to the people of Iraq, especially the
women and children? What do we say to the most vulnerable people who will
bear the harmful and long-lasting consequences of the use of cluster bombs
and depleted uranium?

Our stance on these issues remains a humanitarian, ethical and moral one.
Our reason for speaking out stems from our grave concern about the
devastation brought upon by sanctions and armed conflict on the lives of
thousands of children and women worldwide and about the  gross and ongoing
violations of their fundamental rights and freedoms. Dominicans have been in
Iraq for over 250 years living and working among and with the Iraqi people
in the fields of education, health care including running hospitals and
other forms of humanitarian endeavors.



Human rights violations in Iraq

In wars and under a sanctions system, the rights of children are violated
and often neglected, including their most basic right: the right to life.
Yet, article 38 of the UN Convention on the Rights of the Child binds states
to commit themselves to respect and to ensure respect for rules of
humanitarian law applicable to children. It also declares that State Parties
"shall take all feasible measures to ensure protection and care of children
who are affected by an armed conflict". Further, article 3 of the Convention
declares that “in all actions concerning children, ... the best interest of
the child shall be a primary consideration.” Notwithstanding such
obligations, these articles of the Convention continue to be systematically
violated on a daily basis in Iraqi.

In Iraq, the economic sanctions, the war and its aftermath have a
devastating effect not only for the survival of children, but also on their
moral, social and psychological development, in violation of article 27 of
the Convention on the Rights of the Child. How do we speak to this
generation of the enjoyment of economic, social and cultural rights? Or, of
the UN Convention on the Rights of the Child?

Impact on children



Because of sanctions, a whole generation of children born after the 1991 war
in Iraq were deprived of the right to adequate food and to clean water which
would allow them to develop normally. Now, the second war in Iraq and its
aftermath adds to this by seriously affecting and disadvantaging another
generation of children. How do we address with them the issue of the right
to food and to water? How does the international community ensure that the
people of Iraq will have the means to re-establish a society conducive to
the full development of people, especially children.



The right to health is found  both in the Covenant on Economical, Social and
Cultural Rights (Art. 12) and in the UN Convention on the Rights of the
Child (Art. 24). In addition to the effects of sanctions, there is the
effect of environmental pollution in Iraq, in particular, of depleted
uranium, which is chemically and radiologically toxic. Epidemiological
studies show that the increased incidence of congenital abnormalities and
defects, cancers in all age groups are directly related to exposure to
depleted uranium, either by ingestion, inhalation or skin contact. The use
of depleted uranium in the present conflict can only add to spreading
illnesses, environmental pollution and degradation of the land. How do we
dialogue practically with them about the right to a clean and healthy
environment and the right to health?



UN Secretary General Kofi Annan, in his July 17, 2003 report to Security
Council pursuant to paragraph 24 of Security Council resolution 1483 (2003),
stated the following: “Daily living conditions have not improved, at least
for those living in urban areas, and my have got worse. Above all, my
Special Representative’s contacts expressed deep concern about the
precarious, some believed deteriorating, security situation, particularly in
Baghdad. They feared that if the situation were not addressed quickly
insecurity would hamper efforts to address many of the immediate concerns,
notably the inadequate provision of basic public services and the pressing
need to create jobs for the high numbers of unemployed in Iraq”.



In his statement, Mr. Annan also declares that under international
humanitarian law, the Coalition Provisional Authority bears the primary
responsibility for the welfare of the Iraqi people. The assistance
activities carried out by the United Nations agencies complements those of
the Authority itself. (Para. 60)



In a press conference following Secretary General’s presentation, his
Special Representative for Iraq, Mr. Sergio de Mello described the
reconstruction challenge in this way: “Looking to the future there are
clearly immense reconstruction needs in the short and longer terms, not only
as a consequence of the conflict but maybe even more as a consequence of
thirteen years of sanctions and subsequent neglect and decay. As reflected
in resolution1483, this reconstruction is not only of a physical nature but
also must include public administration, governance, civil society and all
the other vital elements required for a new Iraqi society”.



In describing human rights concerns, Mr. de Mello said: “There are three
particular concerns: how to deal with past abuses; how to ensure that human
rights are protected for all Iraqis in the future, with particular emphasis
placed on the rights of women; and how to ensure that human rights are
protected and upheld in Iraq today. All merit close attention”.



In view of the role of the UN Sub-Commission, it should consider undertaking
a paper on the promotion and protection of human rights in the context of
economic sanctions and of postwar reconstruction.

Recommendations

Dominicans for Justice and Peace, Dominican Leadership Conference and
PaxChristi International, in conjunction with Franciscans International,



1. Strongly urge the United Nations through its main human rights bodies to
take seriously its Charter obligation to monitor the implementation and
respect for international human rights law and to denounce the ongoing
violations of the most fundamental human rights of women and children in
conflicts and wars and to ensure the application of the guiding principle of
the UN Convention on the rights of the child that “in all actions concerning
children, the best interest of the child shall be a primary consideration.

2. Urge the Coalition Provisional Authority in Iraq to give high priority to
the immediate needs and provide means for full development of the most
vulnerable, i.e. children and women, as well as engaging the Iraqi people as
fully as possible in the rebuilding and reconstruction of all facets of
their own country.

3.  Recommend that the international community through the United Nations
continue their search for peaceful and just solutions in all situations of
conflict rather than resorting to war which can only bring untold horror and
irreversible harm to the most vulnerable.



4 Urge the international community through the United Nations to take with
utmost seriousness its own responsibilities for the monumental and long-term
challenge of the recovery and reconstruction of Iraq, devastated both by 13
years of sanctions and by the ravages of war and its aftermath.

4. encourage the UN Sub-Commission on the Promotion and Protection of Human
Rights to consider doing a paper on the promotion and protection of human
rights in the context of economic sanctions and of postwar reconstruction.









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