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Critical reports

Part of a series of the Human Rights Programme of the CETIM.

This series of critical reports deals with what is at stake concerning certain debates within the UN instances on human rights in order to inform and train all those engaged in the struggle for the respect and the implementation of their human rights.

It also hopes to provide them a better knowledge of the documents (conventions, treaties, declarations, etc.) and existing official instruments.

The Human Rights Program of the CETIM is dedicated to the defence and promotion of all human rights, a commitment based on the principle that human rights are totally inseparable and indivisible. Within that commitment, however, the CETIM has a particular focus on economic, social and cultural rights and the right to development, still much neglected in our times when not denied outright. Its objective includes combating the impunity accompanying the numerous violations of these rights and helping the communities, social groups and movements victimized by these violations to be heard and to obtain redress.


REPORTS ALREADY PUBLISHED (PDF version)
2011		Transnational Corporations and Human Rights
		For the Respect of The Rights of all Migrant Workers

2010		Mercenaries, Mercenarism and Human Rights
		International, Regional, Subregional and Bilateral Free Trade Agreements

2009		The Right to Water
		The Rights of Peasants
		Transboundary Transfers of Toxic Wastes and their Effect on Human Rights

2008		The Global Food Crisis and the Right to Food
		The Optional Protocol to the ICESCR
		The Human Rights Council and its Mechanisms

	SOON RELEASED TRANSNATIONAL CORPORATIONS AND HUMAN RIGHTS n°10 - December 2011


	FOR THE RESPECT OF THE RIGHTS OF ALL MIGRANT WORKERS n°9 - October 2011
	Contents Introduction I The causes of international migration II The Problems and Human Rights Violations encountered by migrants during the process of migration III The situation for migrants in the host country and at their borders A) The European Union 1. The situation for regular migrants 2. The situation for irregular migrants 3. The situation for asylum seekers 4. Arbitrary detention 5. The crime of solidarity B) The situation of domestic workers throughout the world IV Recommendations at the international level to protect the rights of migrants Conclusion Annex

Other documents cited in the report:
	Website of the UN Special Rapporteur on the human rights of migrants
	UNDP, Human Development Report 2009. Overcoming barriers: Human mobility and development
	Website of Migreurop
	Migreurop, “A Critical Chronology Of European Migration Policies” by Alain Morice (CNRS-University Paris-Diderot) for Migreurop 6th September 2011
	Website of the European Commission against Racism and Intolerance (ECRI)
	December 18, The UN Treaty Monitoring Bodies and Migrant Workers: a Samizdat Update October 2009
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	MERCENARIES, MERCENARISM AND HUMAN RIGHTS n°8 - Novembre 2010
	Annex 1 - International Convention against the Recruitment, Use, Financing and Training of Mercenaries
	Annex 2 - Convention for the Elimination of Mercenaries in Africa
	Annex 3 - Draft Convention on Private Military and Security Companies (PMSC)

Other documents cited in the report:
	Website of the Special Rapporteur on the use of mercenaries
	Website of the Working Group of Experts on the use of mercenaries
	The Montreux Document

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	INTERNATIONAL, REGIONAL, SUBREGIONAL AND BILATERAL FREE TRADE AGREEMENTS n°7 - July 2010

Some documents mentionned on the report:
		Bilateral treaties on free trade and promotion and protection of investments: “arms of massive destruction” to national and international public law and human rights law CETIM and AAJ joint written statement, Human Rights Sub-Commission 2004
		Webpage of the People’s Summit Linking Alternatives III Declaration, Lima (May 2008)
		STOP LAND GRABBING NOW! Say NO to the principles of “responsible” agro-enterprise investment promoted by the World Bank ! Joint Statement by La Vía Campesina, FIAN, Land Research Action Network and GRAIN (April 2010)
		Annual Report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health Mr. Anand Grover, Human Rights Council A/HRC/11/12 (31 March 2009)
		*Human Rights and Bilateral Investment Treaties. Mapping the role of human rights law within investor-state arbitration* by Luke Eric Peterson, Ed. Rights and Democracy - International Centre for Human Rights and Democratic Development (2009)
		*Bolivia y el CIADI: crónica de un divorcio anunciado* Equipo de Análisis Ministerio de Relaciones Exteriores y Cultos de Bolivia, only in Spanish (July 2010)
		Trade and Development Report 2007 UNCTAD
		32 organismes exigent plus de transparence et de consultation de la population concernant les négociations d’un accord de libre-échange Canada-Union européen Press release from Attac Québec, only in French (6 August 2010)

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	THE RIGHT TO WATER n°6 - October 2009
		Annex 1 - General Comment n°15, The right to water (articles 11 et 12), CESCR, E/C.12/2002/11 (20 January 2003)
		Annex 2 - Report of the Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation, Catarina de Albuquerque, Human Rights Council, A/HRC/12/24 (1st July 2009)
		Annex 3 - Report of the Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation, Catarina de Albuquerque, Human Rights Council, A/HRC/10/6 (25 February 2009)
		Annex 4 - Resolution 7/22 of the Human Rights Council, Human rights and access to safe drinking water and sanitation (28 March 2008)
		Annex 5 - Report of the Secretary-General to the General Assembly, International Year of Sanitation, A/64/169, §3-4 (24 July 2009)
		Annex 6 - Report of the United Nations High Commissioner for Human Rights on the scope and content of the relevant human rights obligations related to equitable access to safe drinking water and sanitation under international human rights instruments, Human Rights Council, A/HRC/6/3 (16 August 2007)
		Annex 7 - Decision 2/104 of the Human Rights Council, Human rights and access to water (27 November 2006)
		Annex 8 - Human Development Report 2006, Beyond scarcity: Power, poverty and the global water crisis, UNDP (2006)
		Annex 9 - Report of the Special Rapporteur El Hadji Guissé, Realization of the right to drinking water and sanitation, Commission on Human Rights, E/CN.4/Sub.2/2005/25 (11 July 2005)
		Annexe 10 - Report of the Special Rapporteur El Hadji Guissé, Relationship between the enjoyment of economic, social and cultural rights and the promotion of the realization of the right to drinking water supply and sanitation, Commission on Human Rights, E/CN.4/Sub.2/2004/20 (14 July 2004)
		Annex 11 - Report of the Special Rapporteur on the right to food, Jean Ziegler, The right to food, Commission on Human Rights, E/CN.4/2004/10 (9 February 2004)
		Annex 12 - Report of the Special Rapporteur on the right to food, Jean Ziegler, The right to food, Commission on Human Rights, E/CN.4/2003/54 (10 January 2003)
		Annex 13 - Report of the Special Rapporteur on the right to food, Jean Ziegler, General Assembly, The right to food, A/56/210 (23 July 2001)
		Annex 14 - Resolution 2001/25 on The Right to Food, Commission on Human Rights (20 April 2001)

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	THE RIGHTS OF PEASANTS n°5 - September 2009
		Annex 1 - Declaration of Rights of Peasants - Women and Men, adopted by La Vía Campesina International Coordinating Committee (Seoul, March 2009)
		Annex 2 - Annual Report of La Vía Campesina Violations of Peasants' Human Rights. A Report on Cases and Patterns of Violence 2006
		Annex 3 - Peasant Farmers and the Right to Food: a History of Discrimination and Exploitation, Working paper by Mr. Jean Ziegler member of the UN Human Rights Council Advisory Committee, A/HRC/AC/3/CRP.5 (4th August 2009)
		Annex 4 - Preliminary report to the drafting Group of the Human Rights Council Advisory Committee on the Right to Food, Working paper by Mr. Jean Ziegler, member of the UN Human Rights Council Advisory Committee, A/HRC/AC/2/CRP.2 (19th January 2009)
		Annex 5 - Seed policies and the right to food: enhancing agrobiodiversity and encouraging innovation, Report of the Special Rapporteur on the right to food, O. De Schutter to the General Assembly, A/64/170 (23rd July 2009)
		Annex 6 - Report of the Special Rapporteur on the right to food, Olivier De Schutter, to the Human Rights Council, A/HRC/12/31 (21st July 2009)
		Annex 7a - Voluntary guidelines to support the progressive realization of the right to adequate food in the context of national food security, FAO (November 2004) Part I
		Annex 7b - Voluntary guidelines to support the progressive realization of the right to adequate food in the context of national food security, FAO (November 2004) Part II
		Annex 8 - Resolution A/HRC/10/L.25 on The Right to Food, Human Rights Council (draft resolution, 20th March 2009)
		Annex 9 - Resolution 7/14 on The Right to Food, Human Rights Council (adopted 27th March 2008)
		Annex 10 - Resolution A/HRC/S-7/2 (adopted by the Human Rights Council, 22nd May 2008) on the Report of the Human Rights Council on its Seventh Special Session (hold 17 July 2008)
		Annex 11 - Report of the Advisory Committee on its First Session (Genève 4-15 August 2008, A/HRC/10/2) to the Human Rights Council, A/HRC/AC/2008/1/2 (3 November 2008, 1er document)
		Annex 12 - Christophe Golay, The Right to Food and Access to Justice : Examples at the National, Regional and International Levels, FAO (2009) Actually only in French, but the Englsh version will be soon available !

More on this issue:
		FAO Website on the right to food

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	TRANSBOUNDARY TRANSFERS OF TOXIC WASTES AND THEIR EFFECT ON HUMAN RIGHTS n°4 - May 2009
		Annex 1 - Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (5 May 1992)
		Annex 2 - Status of Ratification of Basel Convention (Basel Convention Webpage)
		Annex 3 - Basel Convention Ban Amendment (22 September 1995)
		Annex 4 - Status of Ratification of Basel Convention Ban Amendment (Basel Convention Webpage)
		Annex 5 - OUA Resolution 1153
		Annex 6 - Bamako Convention on the Ban on the Import into Africa and the Control of Transboundary Movement and Management of Hazardous Wastes within Africa
		Annex 7 - Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (revised version 2005) and Rotterdam Convention Website HERE
		Annex 8 - Stockholm Convention on Persistent Organic Pollutants (POPs)
		Annex 9 - All Resolutions of the Commission on Human Rights and the Human Rights Council on "the adverse effects of the movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights" and General Assembly Resolutions on the same subject (OHCHR Webpage)
		Annex 10 - Annual Reports and addenda of the Special Rapporteur (OHCHR Webpage)
		Annex 11 - Mission Reports of the Special Rapporteur (OHCHR Webpage)
		Annex 12 - Norms on the responsibilities of transnational corporations and other business enterprises with regard to human rights (adopted by the Sub-Commission on the Promotion and Protection of Human Rights in 2003) and its Commentary (Sub-Commission, 2003)
		Annex 13 - Main reference websites

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	THE GLOBAL FOOD CRISIS AND THE RIGHT TO FOOD n°3 - December 2008
		Annex 1 - Building resilience: a human rights framework for world food and nutrition security, Report of the Special Rapporteur on the Right to Food, O. De Schutter (on the global food crisis), A/HRC/9/23 (September 2008)
		Annex 2 - Background Note: Analysis of the World Food Crisis by the U.N. Special Rapporteur on the Right to Food, Special Rapporteur on the right to food, O. De Schutter (2 May 2008)
		Annex 3 - Resolution 7/14 on The right to food, Human Rights Council (22 May 2008)
		Annex 4a - Voluntary guidelines to support the progressive realization of the right to adequate food in the context of national food security, FAO (November 2004) Part I
		Annex 4b - Voluntary guidelines to support the progressive realization of the right to adequate food in the context of national food security, FAO (November 2004) Part II
		Annex 5 - Declaration of the high-level conference on world food security: the challenges of climate change and bioenergy, FAO (5 June 2008)
		Annex 6 - The world doesn’t need more of the same medicine, Final joint NGO Declaration addressed to Governments on World Food Crisis (June 2008)
		Annex 7 - J. Berthelot, Sorting the truth out from the lies about the explosion of world agricultural prices (October 2008)
		Annex 8 - The right to food, CETIM (2005)
		Annex 9 - General Comment 12 on the right to adequate food, ICESCR, E/C.12/1999/5 (May 1999)

More on this issue:
		Website of the UN Special Rapporteur on the Right to Food, Olivier de Schutter (June 2008-)
		Website of the former UN Special Rapporteur on the Right to Food, Jean Ziegler and his team (2000 - June 2008)

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	THE OPTIONAL PROTOCOL TO THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS (ICESCR) n°2 - November 2008
		Annex 1 - Resolution A/HRC/RES/8/2 of the Human Rights Council on the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (ICESCR), adopted 18 June 2008
		Annex 2 - International Covenant on Economic, social and Cultural Rights
		Annex 3 - Status of Ratification ICESCR (December 2008)
		Annex 4 - Working Group Report, first session (2004), E/CN.4/2004/44
		Annex 5 - Working Group Report, second session (2005), E/CN.4/2005/52
		Annex 6 - Working Group Report, third session (2006), E/CN.4/2006/47
		Annex 7 - Working Group Report, fourth session (2007), A/HRC/6/8
		Annex 8 - Working Group Report, fifth session (2008), A/HRC/8/7

More on this issue:
		Webpage of the Committee on Economic, Social and Cultural Rights (ESCRC)

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	THE HUMAN RIGHTS COUNCIL AND ITS MECHANISMS n°1 - March 2008
		Annex 1 - A Brief Presentation of the Former Commission on Human Rights
		Annex 2 - Resolution 60/251 (creating the Human Rights Council)
		Annex 3 - Resolution 5/1 (instituting the Council’s mechanisms)
		Annex 4 - Resolution 5/2 (regarding Code of Conduct for Special Procedures Mandate-holders)
		Annex 5 - Decision A/HRC/6/DEC/102 (defining the general guidelines for the Universal Periodic Review and technical and objective requirements for eligible candidates for mandate holders)
		Annex 6 - Resolution A/HRC/6/RES/17 (establishment of voluntary Trust Funds)
		Annex 7 - Relevant addresses

More on this issue:
		Webpage of the Human Rights Council