UN Sub-Commission on Prevention of Discrimination and Protection of Minorities

Fiftieth Session

3 - 28 August 1998

Agenda item 4

The realisation of economic, social and cultural rights

Statement by the Transnational Radical Party

NGO in general consultative status

12 August 1998

Delivered by Afrim Djonbalic

Mr Chairman,

The last year's session of this Sub-commission affirmed that "the global and multidimensional approach defined in the Declaration on the Right to Development should provide a basis for the work undertaken on the relationship between the enjoyment of human rights and the working methods and activities of transnational corporations" (Sub-Commission resolution 1997/11).

Unfortunately, little of such global and multidimensional approach appears to be implemented in the regions where the peoples suffer the consequences of the activities of the transnational corporations already for a long time.

Three years ago, following the shocking display of brutality when the nine Ogoni men, including renowned writer and environmental activist Ken Saro-Wiwa, were executed in Nigeria, the international community including world leaders, environmental and human rights groups, united in pronouncing such behavior unacceptable and unjustified. The message from the international public was clear: such terrible deaths must not go unpunished - Nigeria must change, Shell, the multinational company active within the region must also change.

Today, little if any discernable change has taken place. Neither the Nigerian Government nor Shell has implemented policies that have resulted in visible change for the Ogoni people. The Ogoni continue to suffer under intolerable conditions of oppression. Twenty Ogoni prisoners have languished in a Nigerian jail since 1994 facing the same charges for which Ken Saro-Wiwa was executed. The conditions in which they are imprisoned are difficult and their fate precarious. The special forces continue their intimidation and harassment of the Ogoni. With the suppressing of environmental activism in the area and the renewed joint action by Shell and the military to resume full operation in Ogoni, environmental problems in the area are likely to worsen.

We would also like to draw the attention of this august body to the situation in West Papua, where the indigenous peoples have been suffering serious human rights violations, abuse of power by the authorities, environmental degradation, natural resource exploitation, slow socio-economic development, commercial dominance of immigrant communities, which has been caused by multinational, transnational and Indonesian mining, oil and logging companies operating in West Papua, in particular PT FI (subsidiary of the US-Based Freeport McMoRan Copper and Gold Corporation);

The Indonesian troops' enforcement of decisions to expand foreign-owned mining operations in West Papua resulted in increased popular resistance and support for the independence movement especially among the villagers who are being forcibly "relocated" to make way for a mining company. The new post era of Suharto and the new leadership of Indonesia under Mr. Habibi represent a challenge for a real change, and a hope for starting the negotiations on the future of West Papua and other serious issues.

The Transnational Radical Part believes that these situations can improve first of all if the respective states restore all human rights and fundamental freedoms, including the full democratization of political life in these countries, beginning with the release of all political prisoners. In this regard, the role of the armed forces of those states must be subjected to thorough review as well as the position of multi-national corporations that have caused environmental devastation and human suffering in some regions.

Mr. Chairman,

The Transnational Radical Party welcomes your working document on impact of the activities of transnational corporations on the realisation of the economic, social and cultural rights, and supports your conclusions and recommendations contained in this document.

The role of the international community, lead by the United Nations, is indispensable, in setting, implementing and guarding the norms regarding the position, powers and duties of multinational and transnational corporation. We therefore urge the Sub-commission to take a decisive action in this matter.

Thank you, Mr. Chairman.