CubaMinrex. Sitio del Ministerio de Relaciones Exteriores de Cuba

Statement by Mr. Jorge Ferrer, Member of the Cuban Delegation.

Agenda item 19: Advisory services and technical cooperation in the field of human rights.
April 2004.

Mr. Chairman:

Achieving international cooperation for the solution of the humanitarian international problems is one of the primary purposes of the United Nations, contained in the Charter of this organization.

However, advisory services and technical cooperation issues in the field of human rights are not free from the worrisome deformations and negative trends affecting this Commission and the functioning of the United Nations human rights mechanisms.

Almost with a single exception, all technical assistance projects are carried out in countries of the South, in spite of the increase of racism, racial discrimination, trafficking in migrant, trafficking in women for sexual exploitation, child prostitution and pornography, pedophilia, violations of human rights of indigenous populations and other minorities, and the restriction of fundamental rights and freedoms with the excuse of the so-called fight on terrorism, in industrial countries.

Contradictorily, 62.5% of staff employed in the field offices in cooperation and in technical assistance projects –namely, 2/3 of the staff—come from only one regional groupings of this organization, that of the developed European and other States, where the attempts to shape the world to their own image come from, seeking to force through the globalization of a single model of economic, social and cultural development, alien to our realities and counter to the right of self-determination of the peoples.

Forty-one percent of the little over the seven and half million dollars of voluntary contributions to the Technical Cooperation Fund in the year 2002, were donations granted to specific projects. This implies an undesirable interference in the setting of priorities of the technical assistance programs of the Office of the High Commissioner, which should be done on the basis of requests by the recipient countries. So, we find the contradictory situation where programs in countries fresh out of painful conflicts and violations of human rights have fewer resources than others where the human rights situation has not had a similar impact.

Over 50% and, quite often, over 75% of funds in projects per country–according to the Annual Report by the Office of the High Commissioner for Human Rights on the implementation of activities and use of funds— have been used for staff costs, consultants' fees and travel expenses. This high proportion of administrative expenses weakens the ability to allocate larger funds to concrete programs that contribute directly to improve the human rights situation in the field.

Economic, social and cultural rights and the right to development are also lagging behind in the cooperation and technical assistance programs, since –as recognized in the report by Secretary-General—they haven given a greater attention but not uniformly.

On top of that, the global exam of the Technical Cooperation Program to improve its future operations was entrusted to a private institute and consulting firm, both from developed countries, like if within the organization there were no structures, human resources and enough expertise to face a task which, in addition, can be done with a corporate approach, such as to produce goods and maximize profits.

Mr. Chairman:

Advisory services and technical cooperation programs face the serious challenge of succumbing to their virtual privatization and politization or making come true the consensus principles of universality, indivisibility, interdependence, interrelation and equal consideration of all human rights and duly and effectively taking into account national and regional particularities and the diverse historic, cultural and religious heritages as well as the different legal systems.

Setting the objectives and expected results of programs of advisory services and technical cooperation and field activities in the field of human rights are the exclusive and non-transferable competence of the intergovernmental bodies, particularly, those in charge of budgeting and programming in the United Nations General Assembly and not of any other entity or instance inside or outside the organization.

The General Assembly has reiterated several times by consensus –the latest of which barely 3 months ago—that the objectives of these cooperation programs are to provide assistance to countries in the field of human rights, upon their requests. Voluntary request has to continue being, therefore, an inescapable prerequisite for the provision of technical assistance.

Another cardinal principle –with the consensus of this Commission in its last resolution on this matter—is that technical assistance should be prepared and executed in the context of attaining the national objectives in the field of development and the national programs of promotion and protection of all human rights. In other words, technical assistance programs should be prepared --fundamentally—by the very recipient countries and they themselves should determine their own priorities and real needs.

The overwhelming majority of the international community has reaffirmed repeatedly that international cooperation in the promotion and support of human rights and in the solution of humanitarian international problems should be done observing the purposes and principles of the UN Charter and international law, such as sovereignty and independence of States and non-interference in internal affairs. There cannot be cooperation –like some want—against or in detriment of the basic pillars which this organization rests upon.

Mr. Chairman:

Let us say it loud and clear, donors leave aside double-standards. Cooperation is not only offered but also received, voluntarily.

Cooperation cannot be forced upon, let alone be subordinated --as the Secretariat and the developed countries want—to the realization of observations and recommendations –usually unrealistic, selective and politicized—by Special Rapporteurs and the bodies established under human rights conventions, most of whose signatories are also nationals of developed countries who wrongly consider as universal the values, legislation and institutionality of their own countries.

The States' only legal obligations are international standards of human rights, to which they are part, and not the arbitrary, unilateral and whimsical interpretation of experts, special Rapporteurs or officials from the Secretariat.

Respect all these principles and guidelines of the most important United Nations governing documents and resolutions, should you like to really promote a genuine international cooperation and encourage the promotion and protection of all human rights for all.

Stop all attempts to impose –as falsely universal-- the values and legal structure of developed countries, disguising them as cooperation and advisory services.

Human rights problems in today's world will not be solved by establishing, through technical assistance, single, constitutional, legislative and institutional models. On the contrary, an irreparable damage would be done to human rights and the system of advisory services and technical cooperation in this matter.

Thank you very much.

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