Day 10: Human genome, Falun Gong and Japan Day (6 August 2004)

Morning briefing in Serpentine Lounge

Today two more papers were presented by Sub-Commission experts under items 5 and 6 of the agenda, an interactive dialogue occurred between the Sub-Commission and the Committee on Elimination of Racial Discrimination, the Chinese government delivered a blistering attack against several NGOs who had spoke in defense of the heavily persecuted Falun Gong religious sect in China, and several draft resolutions were released late in the afternoon, to be voted on during Monday afternoon’s session.

In addition, we enjoyed the Japan Day festivities held in the evening at the John Knox Center. In the morning, we briefed some interns on Sub-Commission activities. The photo was taken of this briefing.

Human Genome

Mrs. Motoc (expert from Romania) presented her preliminary report on her study on the human rights implications of modern genetic research and genetic manipulation techniques. She explained the differentiated treatment that is at risk of emerging from these new techniques, on the basis of presumed or real genetic differences. This is different from when a difference has manifested itself in a handicap or disability, where differential treatment is sometimes justified but even then must be closely monitored not to extend beyond current human rights expectations. It is not based on the current capacity of the individual. Instead, insurance companies or others discriminate against a person based on the future risk that they will develop some behavior or feature that will cause a problem. For example the practice of refusing certain persons from medical insurance based on genetic testing and profiling has started to arise.

These types of practices especially affect vulnerable groups such as women, children and the poor. If only the rich can afford to “design” the perfect genetic makeup, the poor will get left behind more and more in a society where perfection becomes possible.

In the second part of her report, Mrs. Motoc explained that she addressed the main international instruments in the field and some of the key legal issues, such as free, prior and informed consent, and special impacts on indigenous groups. Another group affected by these medical breaktrhougs is persons with disabilities. Genetic techniques can become a form of handicap cleansing in a society, with the ability to manipulate the image of the perfect child. These possibilities are dangerous to human rights protections.

Several commented on the report, echoing Mrs. Motoc’s concerns about the human rights implications of this field and encouraging her further work in this area.

Working Group on Indigenous Populations

This year was the 22nd year of the Working Group on Indigenious Populations, which met the week before the Sub-Commission session began. Over 600 participants attended. Mr. Miguel Alfonso Martinez (expert from Cuba) is chairman-rapporteur of the group. He presented the annual report again this year. The document can be found at E/CN.4/Sub.2/2004/28.

This working group is doing valuable work, but is perceived by some governments as duplicating the work of other indigenous-related meetings now on the regular UN calendar. Ongoing projects of the group include conflict resolution approaches, the plight of peoples on island territories where the seas are rising due to global warming, the importance of free, prior and informed consent, and draft principles on protection of cultural heritage. Next July a final decision will apparently be made by ECOSOC (parent body to the Commission on Human Rights), as to whether this group will continue to be funded and supported by the UN.

Falun Gong

Several NGOs this year reported on the persecution of the Falun Gong religious sect in China, during the item 6 debate. At the end of the day’s meeting China asked for a right to reply.

The observer from the Government of China said, among other things, that Falun Gong was “merely an evil cult, eExercising psychological control over its practitioners.” The Chinese government was justified in outlawing the Falun Gong for these reasons. “We have adopted an approach of patience persuasion with their followers.” He also said, “my government has acted fully in compliance with international human rights. The Falun Gong has not come to terms with its defeat, and is still persisting. I would like to take this occasion to call upon everyone to be vigilant and not to be deceived by the lies of the Falun Gong.”

Japan day

The Japanese human rights advocates who stay here at John Knox where we are staying, have put on a dinner and entertainment each year which they call Japan Day. This year it included some native songs, dances, games and good food. We’ve included a photo from the event below.

Japan Day

Schedule

Monday the Sub-Commission will continue with its item 6 discussions, including a presentation of the report of Barbara Frey on small arms and light weapons. On Monday afternoon, the voting is scheduled to begin.

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