UN Human Rights Treaties

United Nations E/2002/68
Economic and Social Council Distr.: General
20 May 2002
Original: English
02-40156 (E) 200602
*0240156*
Substantive session 2002
New York, 1-26 July 2002
Item 14 (g) of the provisional agenda*
Social and human rights questions: human rights
Report of the United Nations High Commissioner for
Human Rights to the Economic and Social Council**
Contents
Paragraphs Page
I. Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2
II. The Millennium goals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2–12 2
A. The Millennium human rights goals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5–6 2
B. The Millennium development goals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7–9 3
C. Mutually reinforcing goals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10–12 3
III. Rights of persons living with HIV/AIDS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13–31 4
A. Stigma and discrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20–25 5
B. Access to HIV/AIDS-related medication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26–31 6
IV. Rights of persons with disabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32–48 7
The Office of the United Nations High Commissioner for Human Rights
study on disability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40–48 8
V. Rights of indigenous people: Permanent Forum on Indigenous Issues . . . . . . . . . . . 49–58 10
VI. Trafficking in human persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59–62 11
VII. Final remarks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63–65 12
* E/2002/100.
** The document was submitted late to the conference services without the explanation required
under paragraph 8 of General Assembly resolution 53/208 B, by which the Assembly decided
that, if a report is submitted late, the reason should be included in a footnote to the document.

E/2002/68
I. Introduction
1. The present report is submitted pursuant to
General Assembly resolution 48/141 of 20 December
1993. It focuses on the progress made in the
implementation of goals outlined in the Millennium
Declaration (General Assembly resolution 55/2), in
particular as they affect the rights of people living with
and affected by human immunodeficiency virus/
acquired immunodeficiency syndrome (HIV/AIDS),
persons with disabilities, indigenous peoples and
trafficked persons. Some of the issues covered in the
present report, in particular those related to HIV/AIDS,
disabilities and indigenous peoples, were already the
focus of my report to the substantive session of the
Economic and Social Council in 2001. The present
report provides an update in this regard. There is an
addendum to the present report containing the
Recommended Principles and Guidelines on Human
Rights and Human Trafficking (E/2002/68/Add.1).
II. The Millennium Goals
2. Adopted on 8 September 2000, at the largest
gathering of world leaders ever assembled, the
Millennium Declaration established a new global
human order. Containing a statement of values,
principles and objectives for the international agenda
for the twenty-first century,1 the Declaration also set
deadlines for many collective actions. The ambitious
yet achievable agenda addressed core global challenges
in crucial areas such as peace and security, sustainable
development, the protection of the environment and
human rights, democracy and good governance. As the
Secretary-General indicated, it lies within the power
and responsibility of States to reach the goals that they
have defined the Millennium Declaration.
3. Through the Millennium Declaration, world
leaders reaffirmed their faith in the United Nations and
in its Charter as indispensable foundations of a more
peaceful, prosperous and just world. They recognized
that they had a collective responsibility to uphold the
principles of human dignity, equality and equity at the
global level. The document aimed to prompt a reexamination
of international cooperation and
partnership and to explore prospects for a viable
consensus on making people-centred development a
central pillar of the work of the United Nations in the
twenty-first century.
4. The fundamental values expressed in the
Millennium Declaration could only be addressed if the
approach to problem solution was revisited. At the
request of the General Assembly in its resolution
55/162 of 14 December 2000, the Secretary-General
prepared a report entitled, “Road map towards the
implementation of the Millennium Declaration”
(A/56/326). The “road map” report, which was
intended to assist States in fulfilling their Millennium
Declaration commitments, set out how the specified
Millennium goals could be attained and outlined
strategies to meet each particular goal. The strategies
highlight cross-cutting issues where a coordinated
approach can produce better results. This approach
stems from recognition of the fact that the problems
facing humanity today are closely interconnected. Each
year, the Secretary-General will report to the General
Assembly on the progress made to achieve specific
Millennium goals.
A. The Millennium human rights goals
5. The Millennium Declaration sets out six
commitments for promoting human rights, democracy
and good governance. These six commitments could be
termed the “Millennium human rights goals”. States
pledged to respect and fully uphold the Universal
Declaration of Human Rights2 and to strive for the full
protection and promotion of civil, political, economic,
social and cultural rights for all worldwide. They also
vowed to strengthen the capacity of all countries to
implement the principles and practices of democracy
and human rights, including minority rights, to combat
all forms of violence against women and to implement
the Convention on the Elimination of All Forms of
Discrimination against Women.3 States promised to
take measures to ensure respect for and the protection
of the human rights of migrants, migrant workers and
their families and committed themselves to eliminating
increasing acts of racism and xenophobia in many
societies and promoting greater harmony and tolerance
in all societies. They agreed to work collectively for
more inclusive political processes, allowing genuine
participation by all citizens in all countries, and to
ensure the freedom of the media to perform its
essential role and the right of public access to
information. The Office of the United Nations High
Commissioner for Human Rights is committed to
assisting States in realizing these significant goals.

E/2002/68
6. The Office of the United Nations High
Commissioner for Human Rights assisted in the
preparation of the Secretary-General’s “road map”, in
particular with regard to the strategies for advancing
the Millennium human rights goals. The road map
report outlined 23 strategies to fulfil the specific
commitments outlined above, including by encouraging
Governments to implement legislative reform and
strengthen domestic law enforcement mechanisms to
promote non-discrimination and ensure compliance
with international standards. The strategies also stress
the integration of human rights in all development
activities, focused on the economic, social and cultural
well-being of each member of society, as well as the
integration of human rights norms into United Nations
system policies, programmes and country strategies,
including country frameworks and development loans.
Another strategy is to provide assistance to
Governments in their efforts to involve civil society in
policy-making decisions. Many of these strategies were
already specified in the Vienna Declaration and
Programme of Action4 adopted at the World
Conference on Human Rights in 1993.
B. The Millennium development goals
7. The Millennium Declaration contains eight
commitments relating to development and poverty
reduction, called, in the road map, the Millennium
development goals. The eight Millennium development
goals promise to eradicate extreme poverty and hunger;
to achieve universal primary education; to promote
gender equality and empowerment of women; to reduce
child mortality; to improve maternal health; to combat
HIV/AIDS, malaria and other diseases; to ensure
environmental sustainability; and to develop a global
partnership for development. These goals are now
helping to focus national and international action and
set priorities. They represent a partnership between the
developed and developing countries for the creation of
a national and international environment that is
conducive to development and the elimination of
poverty.
8. Many of the Millennium development goals were
already specified by international conferences,
particularly those held in the 1990s. The International
Conference on Financing for Development, held in
Monterrey, Mexico, in March 2002, and the World
Summit for Sustainable Development, to be held in
Johannesburg, South Africa, in August and September
2002, also provide important opportunities to develop
the specific targets necessary to achieve these goals.
While the Monterrey Conference focused on the
mobilization of resources for development priorities
and recognized the need for new partnership between
developed and developing countries, the focus of the
Johannesburg Summit is the creation of a new agenda
with effective strategies and partnerships to achieve
human development goals.
9. The Office of the United Nations High
Commissioner for Human Rights assisted in identifying
the strategies presented in the road map report to
address the eight Millennium development goals.
These strategies include 18 targets and more than 40
indicators. The specific targets include: halving, by
2015, the proportion of people living on less than one
dollar a day and the proportion of people who suffer
from hunger; eliminating gender disparity in primary
education no later than 2015; reducing maternal
mortality by three quarters by 2015; halting and
beginning to reverse the spread of HIV/AIDS by 2015;
integrating the principles of sustainable development
into country policies and programmes; halving the
proportion of people who are unable to reach or afford
safe drinking water by 2015; achieving significant
improvement in the lives of the at least 100 million
slum dwellers by 2020; and providing, in cooperation
with pharmaceutical companies, access to affordable
essential drugs in developing countries.
C. Mutually reinforcing goals
10. The strategies to reach the Millennium human
rights goals and the Millennium development goals
reinforce and complement each other. The Millennium
Declaration sought to advance action on a reshaping of
the role of Government to encourage the building of
the democratic instruments necessary for human
development, to enhance political and financial support
for development and to facilitate consensus on
promotion of human rights, social justice, ownership
and good governance at the national and the
international levels. Most if not all of the strategies to
achieve the Millennium development goals operate
within a human rights framework.
11. A human rights approach to the strategies to
implement the Millennium development goals promises
a sound fulfilment of these commitments. Human

E/2002/68
rights law provides a value system, a legal framework,
monitoring mechanisms and realistic tools that can
strengthen the effectiveness of the implementation of
these goals. The core economic, social and cultural
rights provide principles and operational strategies to
address the problems of poverty, hunger, disease,
illiteracy and slum dwellings. International human
rights law recognizes that many human rights cannot be
implemented immediately and must be realized
progressively, subject to available resources.
Accordingly, the precise human rights obligations of
the State can vary over time (progressive realization)
and from one State to another (because of differing
resource availability). The elaborate system of the
special rapporteurs and independent experts of the
Commission on Human Rights as well as the expert
bodies established to monitor the implementation of the
six core human rights treaties provide a wealth of
information that could usefully assist in assessing to
what degree the Millennium development goals have
been fulfilled.
12. There should be a stronger emphasis on the
international human rights framework for each
Millennium development goal. Reporting on country
implementation of the Millennium development goals
and other implementation activities should include
identification of actions taken by Governments to fulfil
their international human rights obligations for each
goal and the identification of the most vulnerable
groups in relation to each goal.
III. Rights of persons living with
HIV/AIDS
13. The report of the Secretary-General to the
General Assembly on the progress made to achieve the
Millennium commitments in 2002 will address the
issue of the treatment and prevention of diseases,
including HIV/AIDS.
14. The links between HIV/AIDS, poverty and
development are reflected in the targets contained in
the Millennium development goals, from the reversal
of HIV/AIDS and the eradication of extreme poverty
and hunger, to the reduction of child mortality, the
promotion of gender equality and empowerment of
women and cooperation with pharmaceutical
companies to provide access to affordable essential
drugs in developing countries. The past year has been
marked by an increased appreciation of the role of
human rights and the realization of the right to health,
specifically, in relation to the achievement of these
goals. There are unprecedented commitments by States,
civil society, national institutions and the private sector
to work in partnership towards their achievement.
15. In 2001, I devoted a major section of my report to
the Economic and Social Council to the rights of
people living with and affected by HIV/AIDS. The
significance in human rights terms of this epidemic,
and, conversely, the importance of human rights as a
tool for fighting it, cannot be overstated. Forty million
people are now living with HIV/AIDS. Around 22
million have already died and another 15,000 people
are infected with HIV every day. In sub-Saharan
Africa, AIDS is now the leading cause of death, and
the epidemic is quickly spreading through Eastern
Europe, Asia and the Caribbean.
16. Since my report in 2001, HIV/AIDS has been
placed squarely on the international political agenda as
a challenge to human development. The overwhelming
burden of AIDS is shouldered by developing countries
where poverty, underdevelopment and illiteracy are
primary contributing factors to the spread and impact
of the epidemic. The epidemic is reversing
development gains by shortening life expectancy of
working-age adults; shrinking the workforce;
dramatically increasing the number of infant and child
deaths; creating millions of orphans; and increasing
poverty. It is undermining productivity, security, health
care, food production, civil service systems, social
cohesion and political stability. In the most affected
countries, it is impeding foreign investment as
investors avoid countries where a significant
proportion of the labour force is HIV positive. In short,
AIDS and poverty are now mutually reinforcing
negative forces in many developing countries.
17. The impact of HIV/AIDS cuts across all human
rights, including the right to development. The right to
development places the human person at the centre
of development, emphasizing participation,
accountability, non-discrimination and empowerment.
By inducing or deepening poverty, HIV/AIDS erodes
economic and social rights, including the right to
health, adequate housing, food and safe drinking water
and education. Fuelled by AIDS-related stigma and
discrimination, the epidemic compounds existing
gender inequalities and negates civil and political
rights such as political participation and access to

E/2002/68
justice. In many instances, it denies affected
individuals their right to participate in, contribute to,
and enjoy economic, social, cultural and political
development.
18. To be effective, the global response to the AIDS
epidemic requires sustainable action to improve respect
for all human rights. It also requires the
implementation of development policies, including
poverty eradication initiatives, that are both grounded
in human rights and informed by the principles of
participation, accountability, non-discrimination and
empowerment. In that light, human rights should be
considered as both vital tools to meet the development
goal of reversing the spread of HIV/AIDS, as set out in
the Millennium Declaration, and as indicators of
progress towards its achievement.
19. In light of the many recent developments in the
global fight against HIV/AIDS, the Office of the
United Nations High Commissioner for Human Rights
adopted a revised strategy on HIV/AIDS at the end of
2001. The Office is working closely with the Joint
United Nations Programme on HIV/AIDS (UNAIDS)
to strengthen the capacity of the United Nations human
rights system to address the human rights dimensions
of HIV/AIDS; to support the integration of the
protection and promotion of human rights into national
responses to HIV/AIDS; and to provide global and
regional advocacy, including by encouraging
Governments, NGOs, civil society, and national and
international organizations to address the human rights
dimensions of HIV/AIDS in their policies and
activities. We have focused our efforts on the
development of priority legal and policy issues, such as
HIV/AIDS-related stigma and discrimination and the
right to health.
A. Stigma and discrimination
20. At the historic twenty-fourth special session of
the General Assembly in June 2001, Governments
agreed to place human rights at the core of the global
plan of action for fighting AIDS. The Declaration of
Commitment adopted at the twenty-fourth special
session reflects the international community’s
commitment to address the factors that make
individuals vulnerable to HIV infection, including
poverty, lack of education, discrimination, lack of
information and/or commodities for self-protection and
sexual exploitation. It reflects the commitment by
Governments to integrate prevention, care, treatment,
support and impact mitigation priorities into the
mainstream of development planning, including in
poverty eradication strategies, national budget
allocations and sectoral development plans.
Importantly, the Declaration of Commitment
recognizes the need to take action against stigma,
silence, discrimination and denial, all of which
undermine prevention, care and treatment efforts and
increase the impact of the epidemic on individuals,
families and communities.
21. This recognition must be the starting point for an
effective international response. The rights of people
living with HIV/AIDS often are violated because of
their presumed or known HIV status, causing them to
suffer both the burden of the disease and the
consequential loss of rights. This, in turn, contributes
to the vulnerability of others to infection, since HIV
and AIDS-related stigma and discrimination discourage
individuals infected with and affected by HIV from
contacting health and social services. This fear
continues to prevent people from seeking treatment and
care. The result is that those most in need of
information, education and counselling fail to benefit
from such services, even when these services are
available. The Declaration of Commitment reflects
global consensus on the importance of tackling stigma
and discrimination through the adoption of legislation
and other measures to eliminate all forms of
discrimination against people living with HIV/AIDS
and other vulnerable groups.
22. Recognizing the negative impact of and
committing to take action against AIDS-related stigma
and discrimination are vital first steps. To be
meaningful, however, this commitment first requires an
understanding of what stigma and discrimination are
and an appreciation of how they relate to a lack of
respect for other human rights. The World Conference
against Racism, Racial Discrimination, Xenophobia
and Related Intolerance, which was held in Durban,
South Africa, in September 2001, provided a unique
opportunity to address these issues. My Office, in
collaboration with UNAIDS and the World Health
Organization (WHO), hosted a panel event in Durban
to explore the relationship between multiple forms of
racism and discrimination as determinants of and
responses to the HIV/AIDS epidemic. The meeting
provided the opportunity for people living with
HIV/AIDS, Governments, United Nations agencies,

E/2002/68
non-governmental organizations (NGOs) and national
human rights institutions to discuss the links between
poverty, racism, gender inequalities and HIV/AIDS.
The meeting highlighted the need for a greater
understanding of the impact of multiple forms of
HIV/AIDS-related discrimination and for renewed
efforts to counteract them.
23. At the World Conference, States acknowledged,
that people infected with or affected by HIV/AIDS, as
well as those presumed to be infected, also belong to
groups vulnerable to racism and other forms of
intolerance. States agreed to strengthen national
mechanisms to promote and protect the human rights of
victims of racism who are also infected with
HIV/AIDS. They agreed to take measures to eliminate
violence, stigma, discrimination, unemployment and
other negative consequences arising from the epidemic.
They committed themselves to the establishment of
programmes to promote access to health care for
victims of racism.
24. The United Nations Commission on Human
Rights has long considered the impact of HIV/AIDS on
human rights and, since 1996, has addressed the issue
as part of its formal agenda. At its fifty-seventh session
in 2001, the Commission adopted resolution 2001/51,
recognizing the need for intensified efforts to ensure
universal respect for and observance of human rights
and fundamental freedoms for all so as to reduce
vulnerability to HIV/AIDS and to prevent HIV/AIDSrelated
discrimination and stigma. The Commission has
asked Governments, United Nations organs,
programmes and the specialized agencies, international
and non-governmental organizations and national
human rights institutions to take all necessary measures
for the protection of the human rights of persons
infected and affected by HIV/AIDS, including by
ensuring that their laws, policies and practices respect
human rights in the context of HIV/AIDS.
25. These commitments provide an important
framework for the next World AIDS Campaign (2002-
2003), which will focus on stigma, discrimination and
human rights. The Office of the United Nations High
Commissioner for Human Rights has been engaged in
the development of the conceptual framework for the
campaign from the outset, and will continue to work in
close cooperation with UNAIDS to foster the
development of policies and strategies for fighting
AIDS-related stigma and discrimination throughout,
and well beyond, the duration of the campaign.
B. Access to HIV/AIDS-related
medication
26. Providing access to affordable essential drugs in
developing countries is one of the main strategies
identified in the road map report for the achievement of
the Millennium development goals. The vast majority
of those living with HIV and AIDS do not have access
to affordable medication, treatment and support. This
not only prevents those affected from enjoying the
highest attainable standard of health, it also impedes
prevention efforts by discouraging people from being
tested for HIV.
27. Considerable progress has been made to
increasing access to HIV/AIDS-related medication in
developing countries, both through domestic efforts
and through increased international cooperation and
assistance. The United Nations human rights system
has been at the forefront of these efforts. In April 2002,
the Commission on Human Rights adopted resolution
2002/32, in which it recognized that access to
medication in the context of pandemics such as
HIV/AIDS is one fundamental element for achieving
progressively the full realization of the right of
everyone to the enjoyment of the highest attainable
standard of physical and mental health. The resolution
called on States to pursue policies that would promote:
(a) The availability in sufficient quantities of
pharmaceuticals and medical technologies used to treat
pandemics such as HIV/AIDS or the most common
opportunistic infections that accompany them;
(b) The accessibility to all without
discrimination, including the most vulnerable sectors
of the population, of such pharmaceuticals or medical
technologies and their affordability for all, including
socially disadvantaged groups;
(c) The assurance that pharmaceuticals or
medical technologies used to treat pandemics such as
HIV/AIDS or the most common opportunistic
infections that accompany them, irrespective of their
sources and countries of origin, are scientifically and
medically appropriate and of good quality.
28. Significant developments have taken place since
the adoption of that resolution. The Declaration of
Commitment on HIV/AIDS, adopted at the twentysixth
special session of the General Assembly,
recognized that effective prevention, care and treatment
strategies will require increased availability of, and

E/2002/68
non-discriminatory access to, medication. At the
Fourth Ministerial Conference of the World Trade
Organization (WTO), in Doha, in November 2001,
Governments adopted a declaration that stressed the
need for the WTO Agreement on Trade-related
Intellectual Property Rights (TRIPS) to be interpreted
in a manner supportive of the right of States members
of WTO to protect public health and promote access to
medicines, in particular with regard to public health
problems affecting developing countries, such as
HIV/AIDS. The declaration sends an important signal
regarding the need to balance intellectual property
rights against public health priorities for developing
countries.
29. These developments are important steps towards
the achievement of the Millennium development goals.
Ensuring that these developments have meaning for
people living with and affected by HIV/AIDS will,
however, require a massive increase in international
assistance and cooperation. The establishment of the
Global Fund to Fight AIDS, Tuberculosis and Malaria
is a vital step forward in this regard. The Fund,
established in order to attract, manage and disburse
additional resources through public and private
partnership, will make a sustainable and significant
contribution to the reduction of infections, illness and
death, thereby mitigating the impact caused by
HIV/AIDS, tuberculosis and malaria in countries of
need. It awarded its first round of grants in April 2002
and will consider a second round of proposals in July
2002.
30. To raise awareness and assess the implications of
these developments in human rights terms, my Office,
together with UNAIDS and WHO, organized a meeting
parallel to the fifty-eighth session of the Commission
on Human Rights. The meeting was attended by a large
number of representatives from Governments, United
Nations agencies and NGOs, as well as by participants
from the private sector. Speakers assessed the human
rights implications of recent developments within the
context of the international legal framework for the
right to health, through a consideration of national
experiences; the role of civil society; and global
institutional experiences. The meeting underscored the
responsibility of the international community to ensure
equitable access to medication for people living with
HIV/AIDS in developing countries, the central
importance of the human rights community in
improving care, treatment and support for those living
with HIV/AIDS, and the need for a massive increase in
financial assistance to the countries most affected.
31. The Office of the United Nations High
Commissioner for Human Rights will continue to
encourage the international community to build on
recent commitments and to ensure that human rights
are central to the decision-making of Governments,
international organizations, companies and civil society
in the response to HIV/AIDS at all levels.
IV. The rights of persons with
disabilities
32. Last year, I devoted parts of my report to the
Economic and Social Council to the rights of persons
with disabilities. It has been estimated that over 600
million persons, constituting approximately 10 per cent
of world’s population, suffer from one or another form
of disabilities. Over two thirds of those live in
developing countries. Discrimination against persons
with disability has been neglected for too long. Persons
with functional limitations or disabilities are often
particularly vulnerable to exclusion and
marginalization.
33. There is a growing recognition in all parts of the
world that we cannot tackle the various dimensions of
disability through charity work. Persons living with
disabilities are rights holders. A main focus of the
human rights perspective on disability is to ensure that
persons with disabilities equally and effectively enjoy
all human rights, without discrimination. The principle
of non-discrimination is central to this right-based
approach. Non-discrimination is a core and
fundamental human rights norm embodied in the
Universal Declaration of Human Rights2 and the six
major human rights treaties.
34. In 1993, the human rights perspective on the
question of disability was endorsed by the General
Assembly when it adopted the Standard Rules on the
Equalization of Opportunities for Persons with
Disabilities.5 The Standard Rules directly address the
responsibility of States and include an independent and
active monitoring mechanism in the form of a special
rapporteur who reports to the Commission for Social
Development. The Special Rapporteur was appointed
in 1994. The Standard Rules and the Special
Rapporteur continue to raise awareness about the
human rights of persons with disabilities and to

E/2002/68
stimulate positive changes in various parts of the
world.
35. Nevertheless, a core problem in the field of
disability is the relative invisibility of persons with
disabilities both in society and under the existing
international human rights instruments. In the
Millennium human rights goals, States pledged to
strive for the full protection and promotion of all
human rights for all. Amongst the developed strategies
to move forward on this goal is to ensure the
integration of human rights in all development
activities focused on the economic, social and cultural
well-being of each member of society. The Millennium
development goals relating to education, the
empowerment of women, child mortality and
developing partnerships for development are
particularly relevant to the question of disability.
36. A human rights approach to disability requires
that persons with disabilities do not remain invisible
when measuring the implementation of the Millennium
goals. For instance, one target in the Millennium
development goals is to ensure that, by 2015, children
everywhere will be able to complete a full course of
primary schooling. At present, only 2 per cent of
disabled children in the developing world receive any
education or rehabilitation. There is abundant evidence
to demonstrate that even those with severe disabilities
can acquire and improve a wide range of skills and
attain a high level of proficiency.
37. Some groups of persons with disabilities are more
invisible than others and are therefore even more
marginalized within their societies. This category
includes persons with mental disabilities. The integrity
of persons with mental disabilities is often violated.
Those with intellectual disabilities are frequently
underestimated or ignored. Persons with psychiatric
disabilities are sometimes subjected to coercive
medical treatments and medical or scientific
experimentation without their consent. They are often
subjected to unwarranted privation in psychiatric
institutions, as well as to many other forms of
maltreatment, including inappropriate pharmaceutical
treatments, sterilization, psychosurgery and other forms
of irreversible medical “therapy”.
38. More serious attention should be given to
multiple or aggravated forms of discrimination. Special
attention should be given to combined grounds for
discriminating against persons with disabilities, such as
women, children or persons belonging to ethnic or
racial minorities, who often suffer from multiple forms
of discrimination. Discriminatory or unequal treatment
affecting people with disabilities based on other factors
such as sex, language, religion, political or other
opinion, social origin, property, birth or other status, is
subject to the non-discrimination provisions of human
rights law. Both the International Covenant on
Economic, Social and Cultural Rights and the
International Covenant on Civil and Political Rights
also refer to the prohibition of discrimination on the
basis “of any kind” of distinction. This includes
discrimination relating to disability. There is a need for
strategies, policies and programmes aimed at ensuring
equal opportunities, which may include positive
measures for removing systemic barriers and other
forms of discrimination and intolerance for such
persons. Recent research has demonstrated that 39
States have adopted non-discrimination or equal
opportunity legislation in the context of disability.
39. In December 2001, the General Assembly
adopted resolution 56/168 on a “Comprehensive and
integral international convention to promote and
protect the rights and dignity of persons with
disabilities”, in which it acknowledged the important
role played by the Standard Rules in influencing
positive developments at the national and international
levels. It recognized, however, that notwithstanding the
efforts made to increase awareness and sensitivity on
the issue of disability, these efforts have not been
sufficient to ensure full and effective participation of
disabled persons in economic, social and cultural life.
As a result, the General Assembly decided to establish
an Ad Hoc Committee to consider proposals for a
comprehensive and integral international convention to
protect and promote the rights and dignity of persons
with disabilities, taking into account the
recommendations of the Commission on Human Rights
and the Commission for Social Development.
The Office of the United Nations High
Commissioner for Human Rights study
on disability
40. In resolution 2000/51, the Commission on Human
Rights invited the United Nations High Commissioner
for Human Rights, in cooperation with the Special
Rapporteur on Disability of the Commission for Social
Development, to examine measures to strengthen the

E/2002/68
protection and monitoring of the human rights of
persons with disabilities. As a result, the Office of the
High Commissioner has been involved in the
preparation of a study to evaluate existing standards
and mechanisms in the field of human rights and
disability. The “Study of the Current Use and Future
Potential of the United Nations Human Rights
Instruments in the Context of Disability” is the first
outcome of a wider project aimed at providing a
conceptual framework for the human rights dimension
of disability.
41. The study has three main objectives: to clarify the
relevance of the six United Nations human rights
treaties to disability; to review how the human rights
treaty system actually works in practice with respect to
disability; and to provide options for the future. The
main thesis of the study is that the process of disability
reform, which is taking place worldwide, could be
immeasurably strengthened and accelerated if greater
and more targeted use were made of the human rights
treaties.
42. In order to clarify the relevance of the six human
rights treaties to disability, the study identifies the
various obligations of States parties under the treaties
and explains how the relevant enforcement
mechanisms work in the context of disability. In this
regard, the study constitutes a useful reference work
for all stakeholders, including States parties, the treaty
monitoring bodies themselves, the Office of the United
Nations High Commissioner for Human Rights,
national human rights institutions and civil society.
43. By looking at how States parties report to the
treaty monitoring bodies on human rights and
disability, and at how the treaty monitoring bodies
respond, the study reviewed how the human rights
treaty system actually works in practice with respect to
disability. In this context, the study examined a total of
147 recent periodic State party reports, which were
selected to ensure a reasonable geographic spread on
the basis of the availability of documentation. The
object of this analysis was to see how States parties
saw themselves as discharging their obligations in the
specific context of disability. The study also examined
the way in which the treaty monitoring bodies deal
with the issue of human rights of disabled persons and
analysed the actual and potential use of the six human
rights treaties by the various committees in the field of
disability.
44. The study provided observations, comments and
recommendations concerning ways in which the
various stakeholders might enhance their use of the six
human rights instruments in the context of disability. It
aimed at strengthening the system, while arguing for
the adoption of a thematic convention on the rights of
persons with disabilities. As a general observation, the
study found that while the treaty monitoring bodies do
an excellent job overall on the issue of disability, given
the limited resources and the wide range of issues and
groups, the system remains generally underused in
advancing the rights of persons with disabilities.
45. The study encouraged the treaty monitoring
bodies to clarify the relevance of the various human
rights standards in the context of disability and to
consider the adoption of disability-specific general
comments or recommendations. The list of issues to be
addressed by States parties in their periodic reports
should include disability and reference to the latter
should also be included in the concluding
observations/comments and recommendations of the
treaty bodies. The study further encouraged the six
human rights treaty bodies to consult more closely with
NGOs working in the field in the drafting of their
periodic reports and to nominate persons with
disabilities for election to the treaty monitoring bodies.
46. The study acknowledged that independent
national human rights institutions are strategic partners
in promoting and protecting the rights of persons with
disabilities. Independent national institutions play a
catalytic role between Governments and relevant
intergovernmental, and non-governmental bodies and
organizations in the area of policy reform. It is,
therefore, becoming increasingly important for the
Office of the United Nations High Commissioner for
Human Rights to strengthen its cooperation with and
its support to such institutions in the field of disability.
47. The preliminary findings of the study were
presented at a meeting on 14 January 2002 with the
participation of the Special Rapporteur on Disability.
Over 30 States were represented, as well as a number
of NGOs working in the field of disability, as well as
United Nations bodies and agencies, including the
International Labour Organization (ILO), WHO, the
United Nations Children’s Fund (UNICEF), UNAIDS
and the United Nations Development Programme
(UNDP) and the Department for Economic and Social
Affairs of the Secretariat. A follow-up to that meeting

E/2002/68
took place on 15 April 2002, during the fifty-eighth
session of the Commission on Human Rights.
48. On 16 April 2002, in parallel to the fifty-eighth
session of the Commission on Human Rights, the
Office of the United Nations High Commissioner for
Human Rights organized a meeting entitled “National
human rights institutions and disability rights:
protection at the national level”. The event represented
a follow-up to the consultation organized during the
fifty-seventh session of the Commission on Human
Rights, during which national human rights institutions
expressed their wish to work closely with human rights
mechanisms.6 The meeting, which was attended by
national institutions from every region, focused on
effective strategies and policies at the national level to
promote the rights and the full and effective
participation of persons with disabilities in economic,
social, cultural and political life, on the basis of
equality.
V. Rights of indigenous people:
Permanent Forum on Indigenous
Issues
49. The commitments made in the Millennium
Declaration are of particular relevance to indigenous
peoples. Many of the world’s more than 300 million
indigenous people experience exclusion and
marginalization in many of the countries in which they
live. They are often poorly served by education, health,
housing and other services. WHO has noted significant
inequities in the health status of indigenous peoples,
that indigenous peoples’ life expectancy at birth may
be 10 to 20 years less than for the overall population
and that infant mortality rates can be up to three times
greater than national averages. Focusing on indigenous
peoples as part of the implementation of goal 4 of the
Millennium development goals on reducing child
mortality would specifically address this acute
problem.
50. In my report to the Economic and Social Council
in 2001,6 I provided information about the recently
established Permanent Forum on Indigenous Issues.
The present report provides further information on the
preparations that were undertaken for the first session
of the Permanent Forum and, in particular, on the
institutional mechanisms that have been created to
support its work. The Permanent Forum met for the
first time from 13 to 24 May 2002, and will present its
first report to the present substantive session, in
accordance with Council resolution 2000/22.
51. It will be recalled that the Secretary-General
designated the Office of the United Nations High
Commissioner for Human Rights as the lead agency for
the preparations for the Permanent Forum. In this
respect, the Office of the High Commissioner took
responsibility for the administrative arrangements in
connection with the preparations, including those
connected with the election and appointment of expert
members, the consultations with interested partners
such as Governments, indigenous peoples and United
Nations organizations and the organization of the first
session of the Permanent Forum in New York.
52. It was considered important to develop an interagency
approach among the organizations of the United
Nations system in relation to the Permanent Forum.
Informal consultations among the focal points of each
United Nations organization and among the heads of
agencies led to the recommendation and establishment
of an Inter-agency Support Group for the Permanent
Forum on Indigenous Issues. The Inter-agency Support
Group met for two days in January 2002 and
considered ways of supporting the Permanent Forum.
The group subsequently reported on its deliberations
and outcomes to Governments and indigenous peoples.
53. At its first meeting, the Inter-agency Support
Group discussed practical ways in which it could
contribute to the first session of the Permanent Forum,
in particular through the provision of documentation,
the participation of technical expertise and the
secondment of staff for the servicing of the session. It
was decided that the group would meet at least two
times a year with a view to ensuring that the Permanent
Forum receives concerted and coordinated assistance
from the United Nations system. The Inter-agency
Support Group is composed of various United Nations
departments and organizations, including the
Department of Public Information, the Office of the
United Nations High Commissioner for Human Rights,
the Food and Agriculture Organization of the United
Nations (FAO), the United Nations Institute for
Training and Research (UNITAR), the United Nations
Population Fund (UNFPA), UNICEF, UNDP, ILO, the
United Nations Educational, Scientific and Cultural
Organization (UNESCO), the World Intellectual
Property Organization (WIPO), the United Nations
Centre for Human Settlements (Habitat), WHO, WTO,

E/2002/68
the United Nations Environment Programme (UNEP),
the Convention on Biological Diversity secretariat and
the World Bank.
54. An issue that has emerged forcefully during the
18 months since the decision to establish the
Permanent Forum and its first session is the absence of
financial and human resources to assist with the
preparatory work. To date, no regular budget resources
have been set aside for the secretariat needs of the
Forum. The only expenses so far covered by the regular
budget are costs associated with the travel and daily
allowances of the Forum members and the conference
services for the sessions of the Forum themselves. In
my capacity as High Commissioner, and on behalf of
the heads of United Nations organizations, I made an
appeal to Governments for extrabudgetary resources as
an interim measure, until such time as the regular
budget is increased to accommodate the activities of
the Forum. Regrettably, only one Government made a
financial contribution following my appeal. This has
meant that the Office of the United Nations High
Commissioner has had to draw upon its own
unearmarked human rights funds to meet the costs of
the Forum.
55. The Economic and Social Council will need to
take a decision in regard to the secretariat needs of the
new body and to recommend that resources be set aside
in the regular budget for that purpose. The Permanent
Forum will make its own proposals for activities to be
undertaken over the ensuing 12 months, and these will
determine, to a large extent, the secretariat needs and,
in particular, any additional resources that might be
necessary. Some United Nations organizations may be
in a position to contribute resources, as was the case, to
some degree, in the servicing of the first session of the
Permanent Forum. However, if United Nations
organizations and the specialized agencies are also to
make resources available for new undertakings that
may be approved, as suggested in paragraph 6 of
Economic and Social Council resolution 2000/22, these
resources will need to be authorized by the governing
bodies of the respective agencies. The burden for
ensuring system-wide support for indigenous issues
falls upon Member States.
56. These practical matters notwithstanding, the
Permanent Forum offers an exceptional opportunity for
addressing the very real disadvantages faced by
indigenous peoples. It brings together indigenous
representatives, Governments and the technical
expertise of the United Nations system. It is a
formidable concentration of worldwide experience. It
represents a mechanism for the exchange of best
practices, a network for partnership projects between
the United Nations and the indigenous community and
the starting point for coordinated programmes of the
United Nations system.
57. It is noted that the Economic and Social Council
will review all existing mechanisms, procedures and
programmes within the United Nations concerning
indigenous issues, including the Working Group on
Indigenous Populations of the Subcommission on the
Promotion and Protection of Human Rights, with a
view to rationalizing activities, avoiding duplication
and overlap and promoting effectiveness. It may be
observed, however, that the Permanent Forum is not a
starting point, but part of a continuum of activities that
have been growing within the United Nations over two
decades. It is one of the building blocks of a coherent
and comprehensive response by the Organization. Its
mandate is focused on inter-agency cooperation and
coordination. Since the Forum is hardly a substitute for
the work done in the human rights area, it would be a
pity if the establishment of one body should lead to the
demise of another.
58. It cannot yet be said that indigenous peoples are
equitably treated by the United Nations. As noted at the
World Conference against Racism, Racial
Discrimination, Xenophobia and Related Intolerance,
held at Durban, South Africa, indigenous peoples are
often the victims of direct discrimination and racism.
But even more frequently, they are victims of diffuse
structural discrimination as a result of the way that
public and private institutions operate and distribute
collective goods and services. It should be noted that
this kind of discrimination is not always recognized as
such and that special measures must be adopted to
combat racism and discrimination against indigenous
people through the use of the media and public
education. The United Nations needs to guard against
any such structural discrimination in its work and to
ensure that indigenous peoples’ issues become a central
part of our work.
VI. Trafficking in human persons
59. Through the Millennium human rights goals,
States vowed to take measures to ensure respect for the
protection of the human rights of migrants, migrant

E/2002/68
workers and their families. The strategies for moving
forward on this goal, as elaborated in the Secretary-
General’s road map report, include continuing the
United Nations work to provide technical advice and
training to lead the dialogue on specific policies
dealing with migration issues and their implications.
60. Trafficking in human persons is a particularly
abusive form of migration. The problem of trafficking
and the web of human rights violations it embraces
present some of the most complex and pressing issues
on the international human rights agenda. Complexities
include: the different political contexts and the
geographical dimensions of the problem; ideological
and conceptual differences of approach; the mobility
and adaptability of traffickers; the different situations
and needs of trafficked persons; the inadequate legal
framework; and insufficient research and coordination
on the part of actors involved at the national, regional
and international levels. Despite increasing attention,
and no doubt because of different perceptions relating
to the nature of the problem and preferred solutions,
attempts to deal with trafficking have been ad hoc,
sporadic and largely ineffective. Overall, efforts have
revealed a marked tendency to marginalize the human
rights and gender dimensions of trafficking. As a
result, the rights of trafficked persons and the human
rights violations, which are both a cause and
consequence of trafficking, have often been neglected.
61. Since 1998, the Office of the United Nations
High Commissioner for Human Rights has given
priority to the issue of trafficking in persons, especially
women and children. The overall goal of the Office’s
work in this sector is the integration of human rights
into international, regional and national anti-trafficking
initiatives through legal and policy development. The
Office’s trafficking programme has achieved substantial
and verifiable results since its commencement in 1999.
Detailed information on the progress of the programme
and its future direction is contained in the recent report
of the Secretary-General to the fifty-eighth session of
the Commission on Human Rights (E/CN.4/2002/80).
62. One of the most significant outputs of the
Office’s trafficking programme is the Recommended
Principles and Guidelines on Human Rights and
Human Trafficking (E/2002/68/Add.1), the development
of which began in 2000 in response to the clear need
for practical, rights-based policy guidance on the
trafficking issue. The Recommended Principles and
Guidelines, the result of a wide-ranging informal
consultation involving individual experts and key
intergovernmental organizations, agencies and
programmes, are intended to promote and facilitate the
integration of a human rights perspective into national,
regional and international anti-trafficking laws,
policies and interventions and to serve as a framework
and reference point for the work of the Office of the
High Commissioner on this issue. I encourage States
and intergovernmental organizations to make use of the
Recommended Principles and Guidelines in their own
efforts to prevent trafficking and to protect the rights of
trafficked persons.
VII. Final remarks
63. The realization of the Millennium goals will have
an enormous impact on humanity. The Millennium
goals are built on the fundamental values essential to
international relations in the twenty-first century,
including freedom, equality, solidarity, tolerance,
respect for nature and shared responsibility. In order to
translate those shared values into actions, the
Millennium goals were identified. Faithful
implementation of the Millennium human rights and
Millennium development goals will directly benefit
those who experience discrimination, exclusion and
marginalization, in particular: the 40 million people
now living with HIV/AIDS; the 600 million persons
with disabilities; the 300 million indigenous people;
and the unknown but rapidly increasing number of
individuals falling victim to the exploding trade in
human beings.
64. The universal human rights framework provides a
platform for empowerment and participation of the
individual. It provides standards that can ensure nondiscrimination
in achieving the development goals and
offers a basis for the accountability of States. In
addition, human rights principles not only serve as
tools in meeting these development goals, but also as
indicators of progress towards their achievement.
Human rights expertise can also make a contribution to
capacity-building at the national level to strengthen the
rule of law and to support democratic institutions.
65. We all share the responsibility of achieving the
Millennium goals. States working in partnership with
the United Nations, the private sector and civil society
can translate the goals into reality. My Office is
committed to working with all partners. It is, however,
up to Governments, working individually and in

E/2002/68
cooperation with each other, to ensure that the
commitments that they made in the Millennium
Declaration are fully realized.
Notes
1 Of the 189 Member States that adopted the Millennium
Declaration, 147 were represented directly by their head
of State or Government.
2 General Assembly resolution 217 A (111).
3 General Assembly resolution 34/180, annex.
4 A/CONF.157/24 (Part I), chap. III.
5 General Assembly resolution 48/96, annex.
6 E/2001/64, para. 65.