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The impact of tourism on the human rights of women in South East Asia

2004; Routledge; Volume: 8; Issue: 3 Linguagem: Inglês

10.1080/1364298042000255216

1744-053X

Sarah Hemingway,

Socioeconomic Development in Asia

Abstract Tourism activities are usually based on existing unequal, exploitative relationships and consequently, the poorer and more vulnerable groups in the country of destination suffer disproportionately from the negative impacts of tourism. This article examines how states, corporations and individuals under existing international and national law, corporate initiatives and the evolving concept of Responsible Tourism may address these problems. Attention is focused upon the tourism industry in South East Asia and how human rights, in particular those of women, are affected. Notes C. Gudaitis, ‘Tourism in Developing Countries – Panacea or Poison?’ University of Miami International and Comparative Law Review (2000/2001), p.265. J. Forbes, ‘Human Rights and the Regulation of Tourism’, in M.K. Addo (ed.), Human Rights and the Responsibilities of Transnational Corporations (The Hague: Kluwer Law International, 1999), p.123. World Tourism Organisation (WTO), ‘Tourism: 2020 Vision: Executive Summary Updated’ (Madrid: WTO, 1999), p.3: cited in D. Harrison (ed.), Tourism and the Less Developed World: Issues and Case Studies (Oxfordshire: CABI Publishing, 2001), p.256. Tourism, as referred to hereafter, shall be taken to mean the international organisation and operation of holidays as a commercial enterprise [adapted from the Concise Collins English Dictionary]. ‘Nationals from just 20 developed countries constitute 80 per cent of international tourists’. Survival Background Sheet, ‘Tourism and Tribal Peoples: The New Imperialism’ (London, 1998). R. Coomaraswamy, Report of Special Rapporteur on Violence Against Women, E/CN.4/2000/68, p.3. Preamble to the Global Code of Ethics for Tourism adopted by WTO General Assembly Oct., 1999. Res. A/RES/406 (XIII), accessed at: http://www.world-tourism.org/projects/ethics/principles.html. K.B. Ghimirie, ‘The Native Tourist: Mass Tourism within Developing Countries’ (London: Earthscan, 2001), p.19. Ibid., p.18. See Preamble to the Convention for the Elimination of all forms of Violence Against Women (CEDAW), Dec. 18, 1979, 1249 U.N.T.S. 14 (entered into force 3 Sept. 1981). Sex tourism refers to a sub-sector of the industry in which tourists and private enterprise utilise the tourism infrastructure for the purposes of procuring and trading local prostitutes. The relationships between the client and the prostitute are often based on racial or cultural stereotypes. Forbes (note 2), p.123. Ibid., p.126. For example, Britain's largest tour operator, Thomson's, who occasionally provides capital for the development of destination areas, owns the largest charter airline in the UK. Ibid., p.125. Statistics show 15,000 cubic metres of water can sustain 100 families in a developing country for 3 years, or 100 guests in a luxury hotel for 55 days. R. O'Grady (ed.), ‘Third World Tourism: Report of a Workshop on Tourism’ (Manila, 12–25 Sept, 1980), p.1. A. Almeida, ‘Tourism, Water and Women’, In Focus, Tourism Concern, Autumn 1995, p.6. Gudaitis (note 1), p.4. Article 12, International Covenant on Economic, Social and Cultural Rights (ICESCR), 993 UNTS 3, entered into force 1976. Article 6, ICCPR, 999 UNTS 171, entered into force 1976. The CESCR decided to schedule for its consideration and adoption at its 29th session (November 2002) a General Comment on the right to water, http://www.unhchr.ch/html/menu2/6/cescrnote.htm. The lack of fresh water and sanitation, presented by the UN as ‘the greatest obstacle to sustainable development and the most visible symbol of the growing gap between rich and poor’ was central to debates at the 2002 World Summit in Johannesburg, The Guardian (29 August 2002), p.4. Gudaitis (note 1), p.5. In March 2002, 17 people were injured when 250 people were violently evicted from their homes as part of a plan to convert Taal lake area, Philippines, into an Ecotourism haven. Tourism Concern, In Focus, Vol.43 (Summer 2002). In April 1990, 5200 people were forced from their homes in Pagan, Myanmar. Protesters were jailed. Hotels built on the cleared land were commissioned by TNCs from Hong Kong, Japan, Malaysia, Singapore, South Korea, Thailand and the French chain Sofitel. Forbes (note 2), p.125. ‘Ecotourism’ is currently undefined and constitutes an umbrella term for many forms of tourism that include the element of nature. As yet, use of the term is unregulated and thus does not guarantee ecological merit. Article 17, ICCPR (note 18). Ibid., Article 27. See Preamble and Article 10 of UN Draft Declaration on the Rights of Indigenous Peoples (1994), E/CN.4/Sub.2/1994/56. Oaxaca, Mexico, 18–20 March 2002. W. Fernandes, ‘The Impact of Displacement on Women from the Weaker Sections’, Paper Presented to the Conference on Development-Induced Displacement and Impoverishment, Refugee Studies Programme, Queen Elizabeth House, Oxford University, 3–7 Jan. 1995, p.1–9. N. Rao, ‘Women and Tourism’, accessed at http://www.equitabletourism.org/womenandchild.htm. Visited 22/07/02. See also, V. Kinnard and D. Hall, ‘Tourism: A Gender Analysis’ (England: John Wiley, 1994). J.B. Allcock, ‘Tourism, Internationalisation and Identity’, in M-F. Lafant, J.B. Allcock and E.M. Bruner (eds.), International Tourism: Identity and Change (London: Sage, 1995), p.33. Article 27, ICCPR (note 18). Allcock (note 30), p.36. A. Drummond, ‘Prisoners in Human Zoo’, The Times, 22 Feb. 1997, p.7. Trafficking constitutes a serious violation of human rights, especially when forms of slavery are involved, but an expansion of this issue is beyond the scope of this article. It is only women who practise this particular custom of neck elongation. Traditionally, only girls born on a Wednesday during a full moon are eligible to wear the brass rings that are wound around the neck to depress the collarbones. But, despite some refusals on the basis that it prevents them from attending mainstream school, most Padaung girls now undergo a speeded up process in order to keep pace with tourism demand, accessed at www.newint.org/issue264/update.htm on 15 Aug. 2002. Cultural relativist arguments make this, like the debate on female genital mutilation, a contentious issue that is beyond the scope of this article, although the difference in this case concerns the responsibility incurred by the tourist for the promotion of such a practice. Bangkok Declaration. Found at website of Working Group for ASEAN Human Rights Mechanism, accessed on http://www.rwgmechanism.com/asia.html#pagetop. A policy officially endorsed by Thailand in 1975. V.F. Li, ‘Child Sex Tourism to Thailand: The Role of the US as a Consumer Country’, Pacific Rim Law and Policy Journal, Vol.4 (1995), p.508. M. Raghu, ‘Sex Trafficking of Thai Women and the US Asylum Law Response’, Georgetown Immigration Law Journal, Vol.12 (1997), p.150. Preamble to CEDAW (note 10). Li (note 38), p.508. The majority of the consumers of prostitution in Thailand are Thai men. However, statistics show international tourism has inflated the market for sex considerably, with an estimated 3.6m sex tourists visiting Thailand in 1995. M. Thea Sinclair, ‘Gender, Work and Tourism’ (London: Routledge, 1997), p.183. Adapted from S. Clift and A. Carter (eds.), Tourism and Sex: Culture, Commerce and Coercion (London: Pinter, 2000), p.10. Cited in D. Hodgson, ‘Sex Tourism and Child Prostitution in Asia: Legal Responses and Strategies’, Melbourne University Law Review, Vol.19 (1994), p.521. CEDAW General Comment on Article 6, IHRR, Vol.1, No.1 (1994), p.27. ILO: IPEC International Programme on the Elimination of Child Labour [Mekong Sub-Regional Project to Combat Trafficking in Children and Women], Trafficking in Children into the Worst Forms of Child Labour in Thailand and Laos PDR and Thai-Myanmar Border Areas (ILO Working Paper: C. Wille, Asian Research Centre for Immigration, November 2001), p.53. See also, L. Chiang, ‘Trafficking in Women’, in K.D. Askin and D.M. Hoenig (eds.), Women and International Human Rights Law, Vol.1 (Ardsley, NY: Transnational, 1999), p.342. And more generally, L. Brown, ‘Sex Slaves: The Trafficking of Women in Asia’ (London: Virago, 2000). UDHR, GA Res 217A (III) 1948, art. 3; ICCPR, 999 UNTS 171, entered into force 1976, arts. 6,9; Convention on the Rights of the Child (CRC), 28 ILM 1457, entered into force 1990, art. 6. UDHR (note 48), arts. 4, 5; ICCPR (note 18), arts 7, 8. This is in breach of ICESCR (note 18), art. 13; CRC (note 48), art. 28. UN Special Rapporteur on Sale of Children, Child Prostitution and Child Pornography. Cited in Hodgson (note 44), p.519. States have a positive obligation under art. 10 of the ICESCR to protect against such outcomes. Found in Hodgson (note 44), p.521. Among children rescued from prostitution in Thailand, often one out of every two tested positive for HIV. R. O'Grady, ‘The Rape of the Innocent’ (Bangkok: ECPAT, 1994), p.80. Article 12 of the ICESCR (note 18), supported by Article 24 of CRC (note 48), recognises the right ‘to the enjoyment of the highest attainable standard of physical and mental health’. M.A. Healy, ‘Prosecuting Child Sex Tourists at Home: Do Laws in Sweden, Australia and the US Safeguard the Rights of Children as Mandated by International Law?’, Fordham International Law Journal, Vol.18 (1995), p.1872. International Commission of Jurists, ‘Child Sexual Exploitation in Developing Countries’, The Review, June 1990, p.42. P. Sachs, ‘The Last Commodity: Child Prostitution in the Developing World’ World Watch, July/Aug. 1994, p.28. Cited in Hodgson (note 44), p.519. Forbes (note 2), p.124. This figure will diminish with the expansion of ‘all-inclusive holidays’ that discourage tourist spending outside of the resort. This colonial activity has been protested in the Gambia. See Tourism Concern, In Focus, Vol.42 (Spring 2002). Forbes (note 2), p.124. D. Shelton, ‘Protecting Human Rights in a Globalised World’, Boston College International and Comparative Law Review (Spring 2002), p.6. R. el-Lakany, ‘WTO Trades Off Women's Rights for Bigger Profits’, Women's Environment and Development Organisation News and Views, Vol.12, No.1 (1999), p.32, accessed at www.wedo.org/news/Nov99/wtotradeoff.htm. ‘Soft Industries’ are those that require unskilled to semi-skilled labour. Now the Sub-commission for the Promotion and Protection of Human Rights. Report of the Sessional Working Group on the Working Methods and Activities of Transnational Corporations on its First Session, ‘The Realization of Economic Social and Cultural Rights: The Question of Transnational Corporations’, E/CN.4/Sub.2/1999/9, accessed at http://www.hri.ca/fortherecord1999/vol1/globalization. htm., p.1. Shelton (note 60), p.12. Jakarta Post, 25 Feb. 2002. N. Rao (note 29), p.2. Cited in Thea Sinclair (note 42), p.11. ‘Women and Tourism’ (note 29). See also, M. Hemmati, ‘Stereotypical Images of Women as Part of the Product’ in Report for the UN Commission on Sustainable Development, ‘Gender and Tourism: Women's Employment and Participation in Tourism’ (7th Session, 1999), p.10. Thea Sinclair (note 42), p.180. In 1979, 80–90 per cent of all Japanese tourists to the area were men (p.185). Ibid., p.184. Hemmati (note 68), p.11. CEDAW (note 10). Raghu (note 39), p.155. Ibid., p.154. ‘Asian Pacific Regional Seminar of Experts in Preparation for the World Conference Against Racism: Migrants and Trafficking in Persons with Particular Reference to Women and Children’, Bangkok, 5–7 Sept. 2000, A/CONF.189/PC.2/3., p.28. Ibid., see also Raghu (note 39), p.146. M. Black, ‘In the Twilight Zone: Child Workers in the Hotel, Tourism and Catering Industry’ (Geneva: ILO, 1999), p.49. Asian states that are perceived as supportive of patriarchal cultures that oppress women are typically targeted by such authors. CEDAW, General Recommendation No. 19 (11th session, 1992) UN Doc. A/47/38, concerning Art. 6. For a critical analysis of this approach to sex discrimination see R. Kapur, ‘The Tragedy of Victimisation Rhetoric: Resurrecting the ‘Native’ Subject in International/Post-Colonial Feminist Legal Politics’, Harvard Human Rights Journal (Spring 2002). Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the UN Convention Against Transnational Organised Crime UN (2002), accessed on 8 July 2002 at http://untreaty.un.org/English/notpubl/18-12-a.E.htm. Kapur (note 80), p.2. Thai laws still require a greater burden of proof by women to be granted a divorce; women are not allowed access to certain areas of government service; and sex-based quotas exist for school admission. Raghu (note 39), p.159. Ibid., p.146. E/CN.4/Sub.2/1993/31. Report of Working Group pursuant to para.6 of the Sub-commission on the Prevention of Discrimination and Protection of Minorities Res (1992), para. 60 (with specific reference made to children). Hodgson (note 44), p.527. Ibid. Women who have been trafficked across an international border are typically regarded as illegal immigrants and either incarcerated, fined or deported as such. This prospect thus inhibits them from seeking help outside of their immediate community and obtaining legal remedy for their situation. See Chiang (note 47), p.335–7. See also P. Twomey, ‘Europe's Other Market Trafficking in Persons’, European Journal of Migration and Law, Vol.2 (2000), p.1. Hodgson (note 44), p.578. In 1980, Thailand's Deputy Prime Minister allegedly described Sex Tourism as a necessary evil. Harrison (note 3), p.200. R. O'Grady illustrates examples of illicit drug usage, whereby some Asian countries have introduced strong punitive measures for the trafficking or possession of illegal drugs by foreign nationals. Referred to in Hodgson (note 44), p.529. Henzell, Australian House of Representatives, 1994, quoting O'Grady of ECPAT. See C. M. Hall, ‘The Legal and Political Dimensions of Sex Tourism: The Case of Australia's Child Sex Tourism Legislation’, in M. Oppermann (ed.), Sex Tourism and Prostitution: Aspects of Leisure, Recreation and Work’ (New York: Cognizant Communication, 1998), p.94. J. Hoose, ‘Combating Tourist Sexual Exploitation of Children’, in Clift and Carter (note 43), p.80 – the double criminality principle requires that the offence is punishable in both the country where the crime is committed as well as the prosecuting country. HRC Res. 2001/32. Optional Protocol to the CRC on the Sale of Children, Child Prostitution and Child Pornography, UN GA Res. A/Res/54/263, entered in to force 18 Jan. 2002. ICCPR, Art. 2 (1): states undertake ‘to ensure to all individuals within its territory and subject to its jurisdiction the rights recognised in the present covenant’. J. Seabrook, ‘No Hiding Place: Child Sex Tourism and the Role of Extraterritorial Legislation’ (London: Zed Books, 2000), p.5. For instance, Australia's Proceeds of Crime Act (1987). Li (note 38), p.535. Hoose (note 93), p.79. Gudaitis (note 1), p.4. See previous section on cultural commodification. Harris, ‘Cases and Materials on International Law’, 5th edn. (London: Sweet and Maxwell, 1998), p.727. Most notably, ILO conventions 105 (Forced Labour), 111 (Discrimination), 138 (Child Labour), and 169 (Indigenous Peoples). See J. Woodroffe, ‘Regulating MNCs in a World of Nation States’ in Addo (note 2), p.141. See generally B. Kinsbury, ‘Indigenous Peoples’ in International Law: A Constructivist Approach to the Asian Controversy', American Journal of International Law, Vol.92 (1998), p.414. Also, J.J. Corntassel and T.H. Primeau, ‘Indigenous “Sovereignty” and International Law: Revised Strategies for Pursuing “Self-Determination”’, Human Rights Quarterly, Vol.17 (1995), p.352. Reservations were made to art. 2 on discrimination (Malaysia, Singapore), art. 5 on stereotyping (Malaysia), art. 7 on discrimination in political and public life (Malaysia, Thailand), art. 11 on employment (Malaysia, Thailand, Singapore), art. 16 on marriage and family life (Malaysia, Thailand, Singapore), accessed at http://www.unifem-eseasia.org/Gendiss/Gendiss3annexes/annexa.htm. In Velásquez Rodriguez v. Honduras, the Inter-American Court of Human Rights found the state party responsible for its failure to prevent, investigate and punish breeches of convention rights perpetrated by private actors. see Velásquez Rodriguez v Honduras, ILM, Vol.28 (1989), p.294. M. Evans ‘International Law Documents’, 5th edn. (London: Blackstone's, 2001), p.95. Charter contained in G.A. Resolution 3281 (XXX1X), (1975) 14 ILM, Vol.14, p.251. Maastrict Guidelines on Violations of Economic, Social and Cultural Rights, adopted in Maastrict, Jan. 1997. 18: ‘The obligation to protect includes the state's responsibility to ensure that private entities or individuals, including transnational corporations over which they exercise jurisdiction, do not deprive individuals of their economic, social and cultural rights. States are responsible for violations of economic, social and cultural rights that result from their failure to exercise due diligence in controlling the behaviour of such non-state actors’. Optional Protocol to the CRC (note 95). Thea Sinclair (note 42), p.185. P. Williams, ‘Trafficking in Women and Children: A Market Perspective’, in P. Williams (ed.), Illegal Immigration and Commercial Sex: The New Slave Trade (London: Frank Cass, 2000), p.155. Remarks of M. Robinson, the HCHR on OHCHR/Council of Europe Panel Discussion: ‘Combating Trafficking in Human Beings – A European Convention?’ (09/04/02), accessed on 1 July 2002 at http://www.unhchr.ch/huricane, p.3. Thailand experiences a cycle of military coups and administrative government. Raghu (note 39), p.149. See for instance, World Conference Against Racism, Racial Discrimination and Xenophobia and Related Intolerance, Preparatory Committee's Report of the Asian-Pacific Regional Seminar of Experts on Migrants and Trafficking in Persons with Particular Reference to Women and Children, A/CONF.189/PC.2/3 (Geneva, 2001), p.29. CEDAW art. 6: ‘States Parties shall take all appropriate measures, including legislation, to suppress all forms of traffic in women and exploitation of prostitution of women’. The matter is further complicated by the extent to women may choose the profession. In 1996 a district court in the Netherlands held that a Filipino girl involved in prostitution had no free choice, given her socio-economic situation. See Seabrook (note 97), p.11. R. Falk, cited in Shelton (note 60), p.2. S. Joseph, ‘Taming the Leviathans: Multinational Enterprises and Human Rights’, Netherlands International Law Review, Vol.46 (1999), p.171. C. Scott, ‘Multinational Enterprises and Emergent Jurisprudence on Violations of Economic, Social and Cultural Rights’, in H. J. Steiner and P. Alston (eds.), International Human Rights in Context, 2nd edn. (Oxford: OUP, 2000), p.1079. W.J. Aceves, ‘International Decision: Doe v Unocal’ 92 American Journal of International Law, Vol.309 (1998), p.314. US Alien Torts Claims Act (1789) granted extra-territorial jurisdiction to a US court. R. McCorquodale, ‘Human Rights and Global Business’ in S. Bottomley and D. Kinley (eds.) Commercial Law and Human Rights (2001) 89, p.96. See also P. Malanczuk, ‘Akehurst's Modern Introduction to International Law’, 7th Edn. (London: Routledge, 2001), p.102. See R. Higgins, ‘Problems and Process: International Law and How We Use It’ (Oxford: Clarendon Press, 1994), p.54. Allcock (note 30), p.35. B. King, ‘Resort-based Tourism on the Pleasure Periphery’, in Harrison (note 3), p.186. S. Joseph (note 118), p.183. Article 1 of the Articles of Agreement of the International Bank for Reconstruction and Development: T.I.A.S No.1507, 2 U.N.T.S. P. Sachs (note 56), p.30. See also P.D. Levan, ‘Curtailing Thailand's Child Prostitution Through an International Conscience’, AUJILP, Vol.9 (1994), p.869. And Li (note 38), p.508. And Raghu (note 39), p.153. And Healey (note 54), p.1865. P. Williams (note 112), p.151. Current World Bank President, James D. Wolfensohn. Cited in Gudaitis (note 1), p.2. Gudaitis (note 1), p.3. Although the Tourism Projects Department of the International Bank for Reconstruction and Development closed in 1978, the IFC has a special Tourism Unit, and as of 1996 the World Bank Group, as a whole, had invested $600m in over 100 tourism projects. Tourism Concern, In Focus, Vol.43 (Summer 2002, supplement). See also www.twnside.org.sg/title/eco12.htm. Article 28 of the UDHR reads, ‘everyone is entitled to a social and international order in which the rights and freedoms set forth in this declaration can be fully realised’. J. Michaud, ‘Frontier Minorities, Tourism and the State in Indian Himalaya and Northern Thailand’, in Lafant, Allcock and Bruner (note 30), p.95. Similar circumstances helped to bring the atrocities committed by Chinese authorities in Lhasa to public attention in 1987. M. Cooper and J. Hanson, ‘Where There Are No Tourists…Yet: A Visit to the Slum Brothels in Ho Chi Minh City, Vietnam’, in M. Oppermann (note 92), p.147. Chiang (note 47), p.362. Some commentators have expressed conviction in the need to establish the act of child sex as a crime against humanity. These include, most notably, Hodgson (note 44), p.26. And Healy (note 54), p.1856. Shelton (note 60), p.11. Article 21 of the Draft imposes individual responsibility for the commission of ‘murder; torture; establishing or maintaining over persons a status of servitude or forced labour; persecution on social, political, racial or cultural grounds in a systematic manner or on a mass scale; and deportation or forcible transfer of the population’. UN Draft Guidelines, U.N. Doc. E/CN.4/sub.2/2001/X. E/2001/70 ST/ESA/277. Principle 2 extends the obligation to make sure their own corporations are not complicit in human rights abuses, see http://ww1.umn.edu/humanrts/links/draftguidelines-ad2.html, p.2. M. Robinson, ‘Globalisation Has To Take Human Rights into Account’, 2nd Global Ethic Lecture given at the University of Tübingen, Germany, 21 Jan. 2002. Text accessed at http://www.commondreams.org/views02/0122-09.htm, p.3. Joseph (note 118), p.181. M. Robinson, ‘The Business Case for Human Rights’, at http://www/unhchr.ch/huricane. The speech illustrates how the realisation and protection of human rights can benefit businesses. UNEP.IE (1995) in Forbes (note 2), p.127. Forbes (note 2), p.129. And Hoose (note 93), p.87. Child sexual exploitation is traditionally associated with three industries: tourism, media and entertainment technology. See www.business-humanrights.org/tourism.htm, p.5. Forbes (note 2), p.128. A Managing Director of First Choice, UK travel company, has allegedly admitted to the ‘virtual rape of Turkey’, in the absence of any laws to prevent it. See Forbes (note 2), p.126. HRSCLCA in Hall (note 92), p.91. The other two being media and entertainment technology, www.business-humanrights.org/tourism.htm, p.5. WTO Global Code of Ethics for Tourism accessed at: http://www.world-tourism.org/frameset/frame_project_ethics.html. (See Appendix to this article). It is worth noting that article 7, concerning the Right to Tourism, remains a contentious issue as its non-universality lies in the fact that it can be realised for only a privileged minority and is considered by most to be a luxury. Part II (i) of the Draft Protocol of Implementation of the Global Code of Ethics for Tourism. See art. 20 and 22 of Rio Declaration on Environment and Development (1992) in, Evans, ‘Blackstone's International Law Documents’, 5th edn., p.370. Quebec Conference Declaration accessed at http://www.travelmole.com/cgi-bin/item.cgi?id=81853. Other forms of tourism related to this category include Pro-Poor tourism and Agri-tourism, the latter being a form of agricultural diversification for poor farmers encouraged in the EU. UK-based travel company. Policies can be found at: www.intrepidtravel.com/rt/. Potential tourists and travel companies have been lobbied with material detailing the human rights record pertaining to the military junta in place in Myanmar in an effort to prevent financial support for the regime being received through international tourist revenues. The campaign has led to a reduction in the number of companies operating in, or promoting, Myanmar and a subsequent fall in international arrivals. An international conference held in Cape Town in preparation for the 2002 World Summit on Sustainable Development (WSSD) aimed to establish a Charter on Responsible Tourism. See www.capetourism.org/conference.asp. Forbes (note 2), p.127. See E/CN.4/Sub.2/1999/9 and commentary at: www.hri.ca/fortherecord1999/vol1/globalization.htm. accessed on 15 Aug. 2002. P. Brown, ‘US blocks moves to give powers to those threatened by multinationals’, The Guardian, 29 Aug. 2002, p.4. Hodgson (note 44), p.541. Ibid., p.522. Li (note 38), p.515. Ibid., p.535. Hodgson (note 44), p.539. Levan (note 127), p.910. Was of this status in the draft protocol but was not adopted in the actual. See Healey (note 54), p.1856. Or Hodgson (note 44), p.526. Operative as of 1 July 2002 and applies to admissible crimes committed after this date. World Conference Against Racism Preparatory Meeting (note 75), p.14. ICESCR; art. 11 on adequate standard of living and art. 13 on education. See for example article 2, which calls for graduated commitment to the rights set forth, relative to individual countries' capabilities. The language is weak in comparison with the ICCPR, which contains rights that are regarded by some as more applicable to a traditionally patriarchal public sphere. Addo (note 2), p.29. See M.K. Addo, ‘Justiciability Re-examined’ in R. Beddard and D. Hill (eds.), Economic, Social and Cultural Rights: Progress and Achievement (London: Macmillan, 1992), p.93. Note, the South African Constitutional Court admitted a case based on ICESCRs in the significant case of Soobramooney v Minister of Health (4 BHRC 309). Decisions held in such cases provide recourse for states when defining their obligations under the ICESCR. See generally, Kapur (note 80). Declaration on the Right to Development, adopted by the UN GA res 41/128 Dec. 1986. Statement by the CESCR, ‘Globalisation and Economic, Social and Cultural Rights’ (May, 1998), accessed at: http://unhchr.ch/html/menu2/6/cescrnote.htm#note18h. Harrison (note 3), p.261. BBC Evening News, BBC1, 26 Aug. 2002. See also, Tourism Concern, In Focus, Vol.43 (Summer 2002, supplement). WTO Preamble to the Code of Ethics (note 7).