Optional Protocol to the International Covenant on Economic, Social and Cultural Rights

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1 The Future We Need Submission on Human Rights, the Right to Development and Global Governance to the Sixth Session of the UN General Assembly s Open Working Group on the formation of Sustainable Development Goals 9-13 December, 2013 Introduction The Future We Need group was set up after Rio+20 to promote education and advocacy on sustainable development issues. A Christian faith based group comprising seven congregations, endorsing community values, living sustainably and advocating eco-justice values, this is our second submission paper, having previously submitted to the fifth session on Energy at the UN General Assembly s Open Working Group on November 25 th to 27 th, Sustainable Development and Human Rights In his report entitled A life of Dignity for All, UN Secretary-General Ban Ki-moon called on countries to adopt a post-2015 agenda that is universal, based on sustainable development and leaves nobody behind. This concept must underpin the post 2015 development agenda as it is the only way the poorest and most marginalised people on the planet can be included. While agreeing with this definition of Sustainable Development, the Future We Need Group believes Sustainable Development must also prioritise a commitment to human rights principles. By human rights principles, we mean incorporating rights which are guaranteed, defined and strengthened by treaties and therefore not mere moral aspirations, they are agreed legal obligations. One of these rights is the right to development which is an inalienable human right by virtue of which every human person and all peoples are entitled to participate in, contribute to, and enjoy economic, social, cultural and political development, in which all human rights and fundamental freedoms can be fully realized. (Article 1.1, Declaration on the Right to Development, 1986). i Our members recognize that the right to development must apply to developed and developing countries. This right promotes the well being of all citizens across the globe on the basis of their active and meaningful participation in development and in the fair distribution of the resulting benefits. It affirms not only political rights but also economic, social and cultural rights which should be fully realized for all and in particular for vulnerable and marginalized people. We are deeply concerned about the many human rights violations witnessed in countries across the world and see the vital need to incorporate human rights into our development work especially in areas where the extractive industries have major control over local communities and economies. Optional Protocol to the International Covenant on Economic, Social and Cultural Rights While Ireland signed the International Covenant on Economic, Social and Cultural Rights (ICESCR) in 1973 and ratified it in 1989, the Optional Protocol (OP), which was signed in March 2012, has yet to be ratified. The OP to the ICESCR would allow individuals and groups to seek justice for violations of their economic, social and cultural rights. The ratification of this OP is of the utmost importance, not just in Ireland, but globally. A number of countries have ratified this Protocol, namely Argentina, Bolivia, Bosnia and Herzegovina, Ecuador, El Salvador, Mongolia, Montenegro, Portugal, Slovakia, Spain and Uruguay. Therefore, Ireland as a democratic country with an excellent record on upholding human rights and development issues should immediately ratify the OP to the ICESCR. 1

2 Human Rights and the Extractive Industries Our congregations on the ground experience first-hand the lack of freedoms associated with unsustainable practices especially in the extractive industries. We see the widening gap between rich and poor and witness on a daily basis, the human rights abuses and assaults on the environment which have occurred as a result of this largely unrestrained and unregulated industry. From a clear vantage point, we can testify that economic development alone does not eradicate poverty nor does it enable social or sustainable development for the vast majority of people. We see that in many instances, the cost of unsustainable development profoundly outweighs any benefit to the local community, which suffers human rights violations, environmental damage and loss of the right to association and peaceful assembly. Our members work on several fronts with people who are deprived of their human rights and feel that the following rights deserve protection in any model of sustainable development. Right to Information, Participation and Self-Determination. Human Rights and empowerment is about local people taking control of their own lives, expressing their demands and finding their own solutions to their own problems. Disempowerment and abuses of human rights occurs when corporations and governments refuse to comply with their international legal obligations and fail to adequately consult communities and obtain their right to participate in decisions which affect their lives and livelihoods. Free, prior and informed consent is necessary before any development is sanctioned in indigenous territories. ii According to our members in Panama, Governments and corporations have not fulfilled their international obligations in negotiations with communities affected by mining. Cerro Colorado is the largest untapped copper reserve in the world, covering 630 square kilometers. The reserve lies in the heart of Ngöbe territory where the Ngöbe people have lived for centuries. The construction of a hydroelectric dam on their river has been contracted by the government to a giant corporation, which will not only build the dam but also manage the relocation of the Ngöbe, whose homeland will be flooded iii. This will result in the destruction of their villages, farms, food supply, access to clean water, and way of life. To clear the way for the dams, the Panamanian government is pressuring the Ngöbe to sign away their rights on documents they cannot read, and using unscrupulous techniques to drive them out. iv Right to Freedom of association, peaceful assembly and expression of opinion. The right to assemble, protest and express an opinion is one that is taken for granted in many societies but this is not apparent in some communities where political rights have been violated. Members of our congregations work with communities whose political rights have been consistently violated due to non-compliance by multi-national corporations to international human rights laws. While the Ngöbe people of Panama protested against government plans for the vast copper mine and hydroelectric project on their territory, police forces and security personnel responded with rubber bullets, shotgun shells, grenades and teargas canisters. The protests resulted in the death of three young Ngöbe men with dozens wounded and more than 100 detained. At the Conga Project in Cajamarca Peru, a bitter fight between local communities and Newmont v has been waging for several years. Law enforcement officials backed up by mining company security officials have used heavy-handed tactics in the arrest and detention of anti-mining protestors, ignoring their obligation to use non-lethal force in dealing with protestors. No warrant 2

3 was produced nor was any reason given for these arrests. Beatings were common during arrest and detention of the anti-mining protestors. Our members reported that the government is now passing laws that criminalize protesters and defenders of human rights - they are treating them as terrorists. The human rights abuse was further intensified as the judiciary moved all cases relating to the Conga protest to the northern city of Chiclayo, making it more difficult for the victims to travel to, and get justice in another jurisdiction. vi Right to Public Health While the right to health is recognized in ICESR, our members witness violations of this in many places where they operate. Cyanide and Mercury are widely used in the mining process. Our members in the Rio Negro province in Argentina spoke of mercury spills which poisoned water supplies and led to ill health. They also documented the storage of iron ore dust and fragments in outdoor containers in an area subject to high winds resulting in incidences of respiratory infections. In Peru, a similar story on mercury spills was told. Ten years ago a mercury spill in the village of Choropampa led to the infection of hundreds of people in the community, and the area is still contaminated. The area surrounding Cajamarca is also said to have the highest rate of cancer in the country. Similarly in Australia the expansion of the coal seam gas industry has led to a series of health issues in a short time span of just five years in the Tara region in the state of Queensland. vii Right to Water The right to water must be recognized as an international legal human right. Issues of water quality, scarcity and access are of paramount importance to communities and may infringe on the human right to water by undermining the availability of a sufficient and continuous water supply for personal, domestic and agricultural needs. Mining requires an inordinate amount of water and this supply of water is often prioritised for the multinationals over the basic needs of people and their community. Indigenous sustainable industries such as agriculture, tourism and viticulture suffer as a result and can lead to unemployment and poverty. The Great Artesian Basin covers 22% of Australia and is the only reliable source of water across vast areas. It is now threatened by coal seam gas mining which allows drilling into basin aquifers or right through the basin, risking contamination of the entire water system. Mining with chemicals in the headwaters of rivers has already produced terrible consequences for water resources, both in the quality as well as the quantities of water. Critical water reservoirs are also under threat high in the Andes Mountains on the border of Chile and Argentina where Barrick Gold propose to dynamite and bulldoze glaciers to reach gold deposits underneath perennial ice. viii The potential threat to the access, quality and supply of water in the practices of hydraulic fracturing and coal seam gas mining must be highlighted. The full lifespan of these two practices including acquisition of water, mixing of chemicals and actual fracturing, to the post-fracturing stage, management of produced water and its ultimate treatment and disposal is an issue for several communities. This threat currently hangs over Ireland, England, Australia, Newfoundland and parts of the USA as mining companies continue to seek exploratory licences for fracking and coal seam gas operations. This threat has been borne out in Australia where our members in the Tara region spoke of their immediate concern on the amount of water used by mining companies. In the state of Queensland, there is no limit on the water usage of these companies; they can use what they like. ix 3

4 Right to a Healthy, Safe, Clean and Sustainable Environment. Although a right to a healthy, safe, clean and sustainable environment is not recognised in international human rights treaties, some regional human rights treaties do recognise such a right, as do the constitutions of over 90 countries. x We would urge the Open Working Group members to work to ensure that this right to be enshrined in international law. The Convention on the Constitution is a new venture in participative democracy in Ireland tasked with considering certain aspects of the Constitution, ensuring that it is fully equipped for the 21st Century. The Convention has the power to propose to the government that protection of the environment and the right to a safe and healthy environment be enshrined in the Constitution of Ireland. We urge the Open Working Group to promote respect for the environment by ensuring that all member states include in their Constitutions a clause on environmental protection. Human Rights and Global Governance The Human Rights Council as an inter-governmental body within the United Nations system is responsible for the strengthening, promotion and protection of human rights around the globe. As such, it is of paramount importance that it acts as a model of excellence for ethical and effective democratic processes through its work. It is vital that those elected to the Council on November , (Algeria, China, Cuba, France, Maldives, Mexico, Morocco, Namibia, Russian Federation, Saudi Arabia, South Africa, the former Yugoslav Republic of Macedonia, United Kingdom and Vietnam) ensure open and honest procedures during their term on the council, allowing democratic sovereign states to take principled and independent stances. 4

5 Recommendations We ask the Open Working Group to: 1. Encourage all Member States to ratify both the International Covenant on Economic, Social and Cultural Rights and its Optional Protocol. 2. Urgently recognize Human Rights as the foundation of development policy. 3. Ensure that multinational companies honour international obligations on the right to information, participation and self-determination. 4. Ensure that multinational companies honour international obligations on free, prior and informed consent of indigenous peoples in all decisions affecting their lives and livelihoods 5. Ensure that people s political rights are respected in relation to peaceful protests against human rights violations. 6. Ensure people s right to health, water and a clean, safe, healthy and sustainable environment. 7. Ensure that respect for and protection of the environment is explicitly stated in the Constitutions of all member states. i Declaration on the Right to Development, A/RES/41/ ii Free, Prior and Informed Consent of Indigenous Peoples a briefing from the UN Office of the High Commissioner, prepared by: Indigenous Peoples and Minorities Section, OHCHR Rule of Law, Equality and Non-Discrimination Branch, contact: ipms@ohchr.org iii iv v One of the largest gold mining companies in the world, based in Denver, Colorado. vi vii Symptomatology of a gas field An independent health survey in the Tara rural residential estates and environs, Geralyn McCarron MB BCh BAO FRACGP symptomatology_of_a_gas_field_geralyn_mccarron.pdf viii ix x Report of the Independent Expert on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment, John H. Knox - A/HRC/22/43 5