A/HRC/29/31
G.
Putting questions of resources and redistribution back into the human
rights equation
56.
The challenge of putting questions of resources and redistribution back into the
human rights equation has several dimensions:
(a)
The nature of the obligation to ensure respect for civil and political rights has
been treated all too often as implying that resource considerations are not relevant in
evaluating governmental compliance with the relevant international obligations. In other
words, questions of the availability of resources and equality of access to those resources
were largely eliminated from the most vibrant parts of the international human rights
system, and relegated instead to the minor league discussions about economic, social and
cultural rights. In the latter context, ironically, they were given overwhelming importance,
such that the qualification contained in the International Covenant on Economic, Social and
Cultural Rights that a State’s obligations extended only to the maximum of its available
resources is often invoked to excuse basic non-compliance;
(b)
This artificial marginalization of questions of resources and distribution from
the main human rights debates has also been reinforced by the determination of many
States to keep the areas of international economics, finance and trade quarantined from
human rights. The World Bank can simply refuse to engage with human rights in the
context of its policies and programmes, IMF does the same, and the World Trade
Organization is little different. When such issues are raised in the Human Rights Council
the argument is invariably heard that it is not the appropriate forum and these matters
should be dealt with elsewhere. But when efforts are made to raise human rights in such
forums, the refrain is that they should rather be dealt with by the Human Rights Council;
(c)
Leading human rights non-governmental organizations need to overcome
their deep reluctance to bring issues such as resources and the need for redistributive
policies into their research and advocacy. The result of their current failure to do so is that
for all of their excellent work in exposing the magnitude of a specific range of human rights
violations (overwhelmingly violations of civil and political rights), the deeper structures
that keep in place policies and systems that do little to address extreme poverty and do even
less to address extreme inequalities are effectively left in place, and the status quo is
reaffirmed.
19
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