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CHAIRPERSONS OF HUMAN RIGHTS COMMITTEE AND CHILDREN'S COMMITTEE ADDRESS COMMISSION ON HUMAN RIGHTS
14 April 2004
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Commission on Human Rights
MORNING 14 April 2004
Commission Starts Debate on Effective Functioning of Human Rights Mechanisms;
Finalizes Election of Sub-Commission Experts
The Commission on Human Rights this morning heard addresses by the Chairpersons of the Human Rights Committee and the Committee on the Rights of the Child who underlined the need to strengthen the treaty bodies that were monitoring the implementation of various international human rights instruments.
Abdelfattah Amor, Chairperson of the Human Rights Committee, told the Commission that the universal nature of the International Covenant on Civil and Political Rights and its first optional protocol were being constantly strengthened on a regular basis. With regard to individual communications, it was important to stress and welcome the constant developments in the Committee under the optional protocol and its impact on protection systems. The Committee had done a lot to promote and protect human rights, but what remained to be done was even more significant, and it was therefore important for its means, both human and material, to continue to be reinforced, and that the status of its members continue to be protected, he said.
Jakob Egbert Doek, Chairperson of the Committee on the Rights of the Child, said the Committee had performed to the best of its capacities its core mandate of reviewing the reports submitted by States parties and adopting concrete recommendations in its concluding observations. The Committee was also developing various strategies which aimed to increase awareness at the national level concerning the importance of the reporting and reviewing process under the Convention including the need for appropriate and adequate follow-up to the concluding observations. Currently the Committee had a backlog of reports awaiting review of about two years, he added.
Also this morning, the Commission completed its election of members of the Sub-Commission on the Promotion and Protection of Human Rights. After a third round of secret balloting to choose the fourth and final Expert from an African State, Nuo Wadibia Anyanwu (Nigeria) was elected with 30 votes. Algeria, Togo, Cameroon, Sierra Leone and Angola had withdrawn their candidates prior to the third round. The twelve other members of the Sub-Commission were elected yesterday afternoon.
Several speakers providing statements in the general debate on the effective functioning of human rights mechanisms, including representatives of national human rights institutions, highlighted the need to strengthen various human rights institutions set up in accordance with the Paris Principles. Situations of armed conflicts and economic crises were cited as causes affecting human rights institutions in the efforts to strengthen the promotion and protection of human rights in their respective countries and regions.
Taking the floor were Representatives of Australia (also speaking on behalf of Canada and New Zealand), Cuba, Estonia (on behalf of the Baltic and Nordic States), Ukraine, Russian Federation, China, Sri Lanka, Qatar, Egypt, Sierra Leone and Sudan. Also speaking were Representatives of the World Health Organization), Kuwait, Kenya and Senegal.
The Representatives of the following national human rights institutions also participated in the debate: International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights; Coordinating Committee of African National Human Rights Institutions; Network of the Americas, Asia Pacific Forum of National Human Rights Institutions; European Coordinating Committee of National Institutions; Ibero American Federation of Ombudsman; Association francophone des Commissions nationales des droits de l'homme; Conseil consultatif des droits de l’homme, and Human Rights Commission of Malaysia.
When the Commission reconvenes at 3 pm., it will continue its general debate on the effective functioning of human rights mechanisms.
Documents on the Effective Functioning of Human Rights Mechanisms
As the Commission on Human Rights takes up its consideration of the effective functioning of human rights mechanisms, it has before it a number of reports, including a note (E/CN.4/2004/4) by the United Nations High Commissioner for Human Rights transmitting the report of the tenth meeting of Special Rapporteurs/Representatives, Independent Experts and Chairpersons of Working Groups of the special procedures of the Commission on Human Rights and of the advisory services programme, which took place in Geneva from 23 to 27 June 2003. During the meeting, issues such as measures to be taken to enhance effectiveness in accordance with the Secretary-General’s reform agenda, challenges posed by the current international climate and the fight against terrorism to the protection and promotion of human rights, globalization, and ways of improving cooperation with the Commission, human rights treaty bodies and non-governmental organizations were discussed.
There is also a report of the Secretary-General on regional arrangements for the promotion and protection of human rights in the Asian and Pacific region (E/CN.4/2004/89), which contains the conclusions of the twelfth Workshop on Regional Cooperation for the Promotion and Protection of Human Rights in the Asian-Pacific Region, held in Doha from 2 to 4 March 2004, and information on the progress achieved in implementing the Commission’s resolution 2003/73. The Workshop reviewed the four pillars under the Framework of Regional Technical Cooperation Programme for Asia and the Pacific recent regional and sub-regional human rights initiatives and future directions for the Asia-Pacific Regional Framework. Two intersessional sub-regional workshops were held, the first for Judges and Lawyers on the Justiciability of Economic, Social and Cultural Rights in North East Asia, and the second on Human Rights Education in School Systems of the six States of the Gulf Cooperation Council. Participants in the twelfth Workshop also examined a study on popular and non-formal human rights education in the Asia-Pacific region; in-country training in Investigation Techniques for the Human Rights Commission of Sri Lanka; and the report of the eighth annual meeting of the Asia-Pacific Forum of National Human Rights Institutions.
There is also a note by the Secretariat (E/CN.4/2004/95), which draws the attention of the Commission to the report of the Joint Inspection Unit on the management review of the Office of the High Commissioner for Human Rights contained in document A/59/65-E/2004/48 and to the comments of the Secretary-General on the recommendations of the Joint Inspection Unit (A/59/65/Add.1-E/2004/48/Add.1).
There is also a note by the secretariat on the protection of United Nations personnel (E/CN.4/2004/96), which notes that the ongoing process of strengthening the security management system of the United Nations was interrupted by the horrible events of 19 August 2003, when the United Nations office in Baghdad was attacked and 22 staff members lost their lives and more than 150 suffered injuries. That incident caused a number of investigations to be conducted that have produced recommendations to continue and further the process of improving the United Nations security management system. The Secretary-General has requested the Deputy Secretary-General to lead the process and a change manager has been appointed to assist in analysing the proposals and recommendations made in recent reports.
There is also a report of the Secretary-General on conclusions and recommendation of the special procedures (E/CN.4/2004/97), which contains an annex with references to the pertinent chapters containing the conclusions and recommendations of the reports submitted to the Commission on Human Rights at its sixtieth session by thematic special rapporteurs and working groups, which are available on the web site of the Office of the United Nations High Commissioner for Human Rights (www.ohchr.ch).
There is also a note by the Office of the United Nations High Commissioner for Human Rights (E/CN.4/2004/98), which details measures taken or planned to ensure financing and adequate staff and information for the effective implementation of the human rights treaty bodies, including in regard of developments in the human rights treaty body system; streamlining reporting procedures; technical assistance provided to States parties; individual complaints procedures; and dissemination of the work of human rights treaty bodies.
There is also a report of the High Commissioner on the composition of the staff of the Office of the United Nations High Commissioner for Human Rights (E/CN.4/2004/100), which breaks down information on staff into two tables. The first shows staff of the Office of the High Commissioner in the Professional and above category, by nationality, grade and gender, on posts subject to geographical distribution, as of 1 December 2003. The second table shows staff in the Professional and above category, by nationality, grade and gender, falling under the following categories, as of 1 December 2003: staff holding appointments of less than one year; staff charged to general temporary assistance fund; staff employed in OHCHR field offices; and staff employed as technical cooperation and project personnel.
There is also a report of the Secretary-General on national institutions for the promotion and protection of human rights (E/CN.4/2004/101), which contains information on the activities undertaken by the Office of the United Nations High Commissioner for Human Rights to establish and strengthen national institutions, the measures taken by Governments and national institutions in this regard and cooperation between national institutions and international mechanisms to promote and protect human rights. Information regarding the work of national institutions in respect of specific thematic issues is also included and additional information on assistance provided to national institutions can be found in the reports on activities of the United Nations Voluntary Fund for Technical Cooperation in the Field of Human Rights (E/CN.4/2004/53 and Add.1 and E/CN.4/2004/99).
Statement by Chairperson of Human Rights Committee
ABDELFATTAH AMOR, Chairperson of the Human Rights Committee, said the universal nature of the International Covenant on Civil and Political Rights and its first optional protocol were being constantly strengthened on a regular basis, and this should continue in order to ensure that States not yet Party were not marginalized and participated in the movement of the rest of the world. Regarding the working methods of the Committee, the suggestions of countries and non-governmental organizations were appreciated. States continued to refrain from presenting their reports in due time, and situation reviews in the absence of a report were difficult. Preparing the reports should be done in a more rational fashion, thus the Committee could be more targeted in its recommendations.
With regard to individual communications, it was important to stress and welcome the constant developments in the Committee under the optional protocol and its impact on protection systems. The optional protocol’s procedure had run into various problems, and the Committee was beginning to fall behind on various points, and would thus review some of its procedure, working on preventive and conservation methods. The Committee was sorry to note the lack of respect of these methods by various States which were violating their obligations under the Covenant and the optional protocol.
There was a need to underline the importance of the general observations of the Committee on man-woman equality, on reservations, and on states of emergency. The Committee on Human Rights had done a lot to promote and protect human rights, but what remained to be done was even more significant, and it was therefore important for its means, both human and material, to continue to be reinforced, and that the status of its members continue to be protected.
Statement by the Chairperson of the Committee on the Rights of the Child
JAKOB EGBERT DOEK, Chairperson of the Committee on the Rights of the Child, said the Committee had performed to the best of its capacities its core mandate of reviewing the reports submitted by States parties and adopting concrete recommendations in its concluding observations. The Committee was also developing various strategies which aimed to increase awareness at the national level concerning the importance of the reporting and reviewing process under the Convention, including the need for appropriate and adequate follow-up to the concluding observations. To this end, it had started a programme, in consultation with and with the support of the United Nations Children’s Fund and the Office of the High Commissioner for Human Rights, of visits to States parties whose reports were or had recently been under consideration, with the aim of strengthening awareness of the Convention and to further explain the importance of the reporting/reviewing process. In order to strengthen the concluding observations, the Committee was planning a programme for sub-regional workshops.
Among the challenges faced by the Committee was that of managing in an efficient and effective manner the many reports by States parties that it was required to review. Currently the Committee had a backlog of reports awaiting review of about two years. Further, if all States parties to the Convention on the Rights of the Child were to meet their reporting obligations, the Committee could be required to review between 75 and 100 reports by the beginning of 2005. This situation posed a severe challenge to the effectiveness of the reporting and reviewing system.
In these circumstances, the Committee came to the conclusion that the only way to ensure timely review of the States parties’ reports was to work in two chambers, as in this way it would be able to reduce the backlog of reports awaiting review, consider the reports on the optional protocols soon after their submission, and thereby encourage States parties to submit their reports in a timely fashion. The implementation of this required additional financial resources, although they would be required in any event in later years. The Committee would seek the approval of the General Assembly for this new working method which would be implemented for two years and then evaluated.
General Debate on Effective Functioning of Human Rights Mechanisms
CAROLINE MILLAR (Australia), speaking also on behalf of Canada and New Zealand, wished to underline the importance placed upon the effective functioning of the international human rights monitoring mechanisms and to highlight developments over the past year for the improved operation of human rights treaty committees. The brainstorming session on the proposals contained in the report of the Secretary-General on strengthening the United Nations, hosted by Liechtenstein and the Office of the High Commissioner for Human Rights, had brought together for the first time States, representatives from each treaty body, Secretariat staff, non-governmental organizations and other United Nations specialized agencies and had resulted in the recommendation of some practical steps. Those included that the Secretariat develop guidelines for an expanded core document, periodic focused reports, and recommendations for more harmonized reporting guidelines between the treaty bodies. The work of the Office of the High Commissioner to develop proposals based on those recommendations for consideration at the next Inter-Committee meeting was now being followed with interest.
The Inter-Committee meeting was a valuable forum to bring more consistency and coherency to the treaty body system, she added, as had been demonstrated during the second Inter-Committee meeting of June 2003. Individual treaty bodies could also do much to improve their methods of work, in which context their now regular dialogues with States were welcomed. Among other developments, the new committee on migrant workers was seeking to draw on best practices from other treaty bodies in developing its own working methods. Also, Australia had hosted the third of three workshops on treaty body reform in July 2003, the focus of which had been practical steps to improve the treaty body reporting system. Finally, she noted that the reporting difficulties experienced by new countries – as elaborated by the Foreign Minister of Timor-Leste only a few weeks ago – should serve as a salient reminder that the human rights reporting system was ultimately about improving human rights situations at national levels and that they must be accessible and innovative and help such States to fulfil their obligations.
MANUEL SANCHEZ OLIVA (Cuba) said the universality of human rights could only be recognized through respect for the diversity of political, economic and legal systems, the difference to historic and cultural heritages, and the great variety of religions professed. The Office of the High Commissioner for Human Rights had an irreplaceable role in the effective functioning of the whole system for the promotion and protection of human rights the world over. Concerns on the geographical imbalance of the staff of the Office had been underlined by the Commission, but practically nothing had been done to improve the composition. It was a question that could only be solved with decisive and innovating management measures. The high level of dependence of the work of the Office with respect to voluntary financing was a serious problem that had an impact on its entire political and ideological activity.
Many basic functions were financed with voluntary contributions and the vast majority of positions corresponding to these functions were held by project personnel. Another particularly worrisome problem was the imbalance in the appropriation of resources and the Office’s support to the different mechanisms of the Commission for the discharge of its mandates, where the situation harmed the universality, inter-relation and interdependence of all human rights. The new High Commissioner should take relevant measures to overcome these difficulties in order to promote the equitable treatment that should be given to all categories of human rights.
KIRKE KRAAV (Estonia), speaking on behalf of the Baltic and Nordic countries, said that they attached great importance to the role of national institutions in translating international human rights norms into laws, policies and practices that ensured respect for human rights at the national level. National institutions should be given an opportunity to participate in the legislative process by commenting on draft legislation and contributing with a human rights perspective to public policies. National institutions played an essential role in human rights education and enhancing public awareness of human rights. Baltic and Nordic countries underlined the importance of using the means of modern information technology. In that region, different national human rights institutions had been established in order to monitor the implementation of human rights. In that regard, the existence of the posts of ombudsman in all Baltic and Nordic countries was worth mentioning.
Non-governmental organizations could contribute substantially to effective implementation of international human rights norms and civil society could complement the work of human rights systems and mechanisms. Civil society in the Baltic and Nordic countries played a considerable role in the reporting process to international monitoring bodies. The efforts by civil society to promote human rights on national, regional and global levels deserved further support and encouragement. The Baltic and Nordic States would like to emphasize that the current principles of the fulfilment of the reporting obligations would gain added value via transparency on the national level by making available the texts of the reports as well as the concluding observations to the national public.
VOLODYMYR BELASHOV (Ukraine) said that United Nations human rights mechanisms played a vital role in the promotion and protection of human rights of every individual, in that their dialogue with States parties provided the basis for achieving practical improvements in the implementation of human rights at the national level. It was thus critical to ensure that the system operated with maximum effectiveness. Noting the Commission’s responsibility to continue its leadership in upholding international human rights standards, he said that although imposing the criteria for membership, which discussion had begun last session, was practically unrealistic, it had been a useful discussion in reminding States that the true strength of the human rights body was determined by the values of its members as much as the efficiency of its procedures. Moreover, while the Commission adopted a number of encouraging resolutions each year, there was a need for better follow-up and implementation of those documents so that did not become dead letters.
The international community needed to move away from selectivity and partiality, he added, and engage in an honest dialogue on whether there had been genuine improvement in human rights through existing mechanisms. Thus, it was essential to combine approaches including promotion of mutual understanding through dialogue on each country’s specific situation; engaging in cooperation with the view to enhancing human rights protection in effective and practical way; and expressing firm disapproval of serious violations of human rights. The Office of the High Commissioner should also play a more central role in assisting countries emerging from conflict situations. Finally, he noted that there was a lack of consistency on the part of treaty bodies to the consideration of reports and that coordination among the various human rights structures of the United Nations was vital. Duplication of reporting should be avoided, without impairing the quality of reports, and the overall burden of reporting must be reduced.
ALEXEY VLASSOV (Russian Federation) said at present there was a system of universal mechanisms for the protection and encouragement of human rights that was of universal scope. The creation of a growing number of new bodies and mandates had led to serious problems due to duplication of work and a lack of financial resources allocated from the United Nations budget. The time had come for a moratorium on the creation of new mechanisms, and there should be an analysis of existing mechanisms to ensure close coordination where mandates overlapped. At present, attempts were still being made to create new mechanisms with intrusive powers. Such proposals frequently did not take into account the existence of similar regional mechanisms, and the political activism of various human rights personnel was clear in their requests which sometimes had nothing to do with human rights. This problem could be dealt with by a review of the procedures for the appointing of Special Rapporteurs, Chairpersons and Special Experts. Combining posts should also be prohibited. There should be a more balanced allocation of resources between the mechanisms. It would be relevant to reform the working methods of treaty bodies. There were three basic measures which could improve the functioning of a system as a whole.
LI BAODONG (China) said although human rights mechanisms still functioned, they were subject to various limitations and restrictions. Human rights conventions and fundamental human rights had not been universally recognized and given due importance. The right to development was an important and fundamental human right, which constituted the basis and precondition for realization of all other human rights. However, the United States refused to recognize the right to development. Protection of children’s rights was the top priority all over the world, and there were only two countries that had not acceded to the Convention on the Rights of the Child, one of which was the self-proclaimed “world champion of human rights”. Further, some important human rights instruments were not fully implemented, and some important human rights were not duly protected.
Although the United States had acceded to some international human rights conventions, it had not faithfully honoured its obligations under those conventions. The special mechanisms under the Human Rights Commission were more likely to target and criticize the developing countries to the effect that these mechanisms could not fairly function. The main reason behind this was that the United States, as a superpower, was always demanding other countries invite mandate holders to visit them, while the United States itself never gave any consideration to the requests to visit. The special mechanisms were under severe challenges in the face of constant changes in the international situation. Item 9 on the violation of human rights and fundamental freedoms in any part of the world had been abused over the years, and it was urgent to reform it.
SHAVEENDRA FERNANDO (Sri Lanka) said it was often argued that it was the responsibility of the international community to uniformly and equitably monitor human rights situations around the world, then comment as appropriate and where necessary take suitable action in respect of gross violations of human rights. However, such action should follow a consultative approach, as confrontational approaches would not yield the desired results. For a robust foundation there was no substitute to “domestic mechanisms” to set human rights standards, monitor situations and to provide redress to those aggrieved by alleged human rights violations. Such domestic mechanisms enabled people to readily and with minimum resources access institutions and seek redress without delay.
The Government of Sri Lanka continued to recognize the importance of domestic law enforcement, particularly the enforcement of the domestic criminal justice system relating to human rights violations. In order to facilitate such action, a legislative infrastructure was being developed. Domestic institutions in Sri Lanka that were mandated to inquire into, investigate and prosecute alleged human rights violations had the reputation of discharging their responsibilities in accordance with international norms, standards, and procedures. Therefore, Sri Lanka continued to place great reliance on such effective domestic mechanisms to ensure the promotion and protection of human rights, to impartially and comprehensively enforce the law and thereby to prevent impunity.
KHALID BIN JASSIM AL-THANI (Qatar) said that the Doha regional workshop on the protection and promotion of human rights had successfully accomplished its work and had agreed on a number of objectives to be implemented at the regional and national levels. The workshop had attracted the participation of 36 States, 16 national human rights institutions, and a number of non-governmental organizations. The Doha regional workshop had examined the situation of national human rights institutions and the strengthening of their institutions. The participants had agreed to implement the conclusions and agreements reached upon with regard to the promotion and protection of human rights at the national and regional levels. The implementation of follow up measures both at the national and regional levels had also been stressed.
The multi-cultural nature of human rights had been emphasized and the teaching of human rights at all levels highlighted. The workshop had also taken note of recommendations of the Office of the High Commissioner for Human Rights concerning the teaching of human rights education at the universal level. Within the framework of the promotion and protection of human rights at the national and regional levels, the Government of Qatar reaffirmed its commitment in the implementation of the agreements reached at the Doha workshop.
AHMED ABDEL-LATIF (Egypt) said that the country’s human rights’ principles had evolved out of thousands of years of civilization in which the three major religions had lived together in peace and harmony for many years. The Government’s endeavours to enhance human rights had included the establishment of departments on human rights in the Ministries of Justice and the Interior, and in the Prosecutor’s office. However, it should be noted that the principles of human rights and their enhancement could not be accomplished by one country alone, but must be a process carried out by Governments in conjunction with civil society and other institutions.
The Egyptian National Council for Human Rights was composed of eminent persons – including former United Nations Secretary-General Boutros Boutros-Ghali – and had for its priorities: the submission of a national plan to enhance human rights; the submission of proposals to national authorities; the reception of complaints in the field of human rights and responsibility for studying them; responsibility for follow-up on obligations under relevant international human rights treaties; and the dissemination of a human rights culture and awareness raising among Egyptian citizens. The Council had already begun to look into 450 complaints from individuals, which were awaiting replies from the appropriate Government ministers. The Council served to reaffirm the country’s political will to enhance and protect human rights for all Egyptian citizens.
SYLVESTER ROWE (Sierra Leone) said his country considered the National Commission for Social Action as one of the prime institutions for the promotion and protection of some of the basic rights of its people, because it was dedicated to help reduce poverty, promote sustainable development and reduce the risk of renewed conflict. The Commission for War-Affected Children was also regarded as another institution for the protection of human rights. In the area of civil and political rights, a National Commission for Democracy and Human Rights had been established 10 year ago. Its primary function was in the area of human rights education -- sensitising people about their human rights, including aspects of democratic governance.
With the support of the United Nations and the international community, the Truth and Reconciliation Commission had completed its mandate and would soon issue its report and recommendations. That landmark development has opened the way for the establishment of the permanent national institution specifically for the promotion and protection of civil and political rights. He announced that the Bill for the establishment of the new Human Rights Commission of Sierra Leone had just been presented to Parliament.
ELTAYEB HAROUN (Sudan) said it attached great importance to the promotion and protection of human rights. The first institution for their protection had been set up in 1965, and it had made inquiries into allegations of human rights violations, provided periodic advice, but had been dissolved after the military coup d’etat later that year. Efforts of the State had been constant to set up an advisory mechanism to the State that would provide capacities, promote and protect human rights and formulate policies in this respect. An advisory body of human rights had been set up in 1994 in which all parts of society, non-governmental organizations, the Government and workers were included. This Council provided advice, recommendations, reports, service and answered inquiries for all, as well as serving to report on human rights violations, allowing the Government to enact and implement the recommendations of the Commission, and was instrumental in bringing about the agreement between Sudan and the Office of the High Commissioner for Human Rights. This consultative Committee and Council had worked tirelessly in order to create and promote human rights in Sudan, including religious minorities and women. All provinces had been gathered together to deal with human rights issues, including international norms, the experience of other countries, and to choose representatives for a higher status human rights body.
ASAKO HATTORI (World Health Organization WHO) said the United Nations human rights mechanisms, both treaty-based and charter-based, provided important avenues towards increasing accountability for health. In recent years, efforts had been undertaken to further strengthen and expand the WHO’s collaboration with the United Nations human rights treaty bodies. WHO’s role was to support its Member States. The primary aim in collaborating with the treaty bodies was to help Governments improve public health through a human rights based approach. The treaty monitoring process constituted an important monitoring and evaluation mechanism for health and development. Efforts made by treaty bodies to coordinate their procedures and practices as part of the United Nations reform process were welcomed- even small changes could make the process more user-friendly. WHO also wished to call attention to the importance of information sharing and coordination among United Nations agencies and other national actors who were involved in the monitoring process. WHO was committed towards better coordination and collaboration with United Nations human rights mechanisms.
SADIQ MARAFI (Kuwait) reiterated his country’s commitment to and obligations under the international human rights instruments. The authorities of Kuwait continued to implement the various international instruments to which the State was a party. In terms of cooperation, it was to be recalled that during the last two decades, acts of regional destabilization had been committed by the former Iraqi regime that undermined international and regional cooperation. For the last 14 years, the national commission on human rights had been condemning the killing of Kuwaiti and other third nation citizens held in Iraq.
PHILLIP RICHARD O. OWADE (Kenya) said that since the historic elections in December 2002, the Government had continued to attach high priority to the promotion and protection of human rights. A new Ministry of Justice and Constitutional Affairs had been created. The judiciary had undergone major surgery to rid it of corruption and to ensure that an environment for the rule of law and administration of justice took root. A comprehensive legal reform had been underway, including a people driven constitutional reform process, which was almost complete. The draft Constitution had a whole chapter on the Bill of Rights, setting out fundamental rights and freedoms. It established a number of constitutional commissions, including the commission on human rights and administrative justice.
But even before that new constitutional exercise was completed, Parliament had already established the Kenya National Commission on Human Rights, an independent and autonomous body charged with the responsibility of promoting and protecting human rights. Parliament deemed the Commission to be an important body in enhancing the rule of law and sustaining, consolidating and strengthening democracy.
PAPA DIOP (Senegal) said the Government had reinforced the attributes of the Senegalese Committee for Human Rights, which had been in place since 1970. The status of the Committee had been enhanced, and the scale of its competencies changed. The Committee was a place for dialogue between different actors for the resolution of all issues related to human rights. It had an autonomous status, and a pluralist make-up, including both representatives of human rights defense bodies, trade unions, and concerned organs of the State. Thus, the actions undertaken by the Committee and by the State in the field of human rights, far from being concurrent, in fact completed each other. Further, in the context of the application of regional arrangements for the promotion and protection of human rights, in particular the African Charter for Human Rights and Peoples, the Senegalese Committee cooperated with the African Commission, with which it was affiliated. The creation of this constituted an important step for the effective respect of human rights in Africa. Senegal hoped that the States of the Continent that remained hesitant could join those that had already ratified the Charter.
OMAR AZZIMAN, of International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights, said that in this increasingly tormented world, efforts to ensure human rights must be redoubled to confront menacing trends such as the increasing fragilization of the United Nations and the spread of terrorism. Yet there were areas of light; international human rights law continued to progress, even if was not effectively applied, and the international justice system continued to be consolidated, even if its implementation was at times uncertain. Furthermore, men, women and children throughout the world continued to struggle for their human dignity and national institutions continued to work to promote and protect human rights. More than 80 institutions had now aligned themselves with the Paris principles. There had also been substantial progress at the regional and sub-regional and international levels between national institutions.
The situation of human rights required more resolute commitment, he acknowledged. The Office of the High Commissioner for Human Rights must make every effort to support and create new national institutions and to support those already existing. Present problems of globalization and sustainable development, of cultural diversity and intercultural dialogue, should lead the international community to pay more attention than ever to the need to promote and protect economic, social and cultural rights. National institutions – with their regional and global facilitating bodies – could contribute to this process, including through North-South ties. National institutions could also play an important role in teaching human rights and universally shaped values. Education constituted one of the most reliable ways of combating extremism of all sorts and building a dialogue of peace.
MARGARET SEKAGGYA, of Coordinating Committee of the African National Human Rights Institutions, said that a number of national human rights institutions had been established in various countries on the African continent to promote human rights in line with the Paris Principles. Those institutions had formed a Coordinating Committee of African National Institutions for the promotion and protection of human rights, which had been in existence for two years. The continent was still riddled with conflict with the most recent examples being Sudan, Sierra Leone, Democratic Republic of the Congo, Liberia, Côte d'Ivoire and northern Uganda, among others. Many people had been killed during the various conflicts and many children had been forced to fight, leading to an increase in the number of child soldiers. The conflicts had caused many people to leave their homes as internally displaced people or refugees. Those people lacked many essential needs like food, water and medical care.
She called on the international community through international cooperation to consider a "Marshal Plan" for war-ravaged economies of Africa to help restoration of conditions in which peace might continue to prevail. The poverty levels were still high on the African continent. As such promotion, protection and enforcement of socio-economic rights was crucial. It remained a challenge for the African national human rights institutions to address poverty.
SALVADOR CAMPOS ICARDO, of Network of the Americas, said the exacerbation of the inequality in the Americas was a clear sign of the need for the work of the National Commissions and their work to bring about respect for human rights, equality and social justice. It was a good time to strengthen alliances to help the poorest. The Network had been conceived as an instrument to strengthen recognition and implementation of human rights norms and standards. Work was done on many levels in order to create institutions for human rights in all countries of the Americas. All would work together along with representatives of non-governmental organizations and civil society towards the goals of the Network, and countries in the Caribbean would also participate. A new plan for financing future strategies was being examined, and a website for the Network would be launched soon. It was a unique opportunity to bring about harmonization of national American institutions. Aware of the current international context and terrorist acts that had left their mark on the beginning of the century and current States policies on stamping out terrorism, work was being done to provide human rights alternatives and improve capacity for dealing with complaints. Indigenous rights were a cornerstone of the rights that were being worked on.
KIEREN FITZPATRICK, of Asia Pacific Forum of National Human Rights Institutions, said that the past several years had seen an increase in the number of national human rights institutions in the region as more countries recognized the importance of practical and effective national protection systems to make international human rights commitments and standards effective at the national level. National human rights institutions were therefore making important contributions to the protection and promotion of human rights in the Asia Pacific area. The role of national human rights institutions in the region in protecting and promoting human rights was particularly important given the absence of a regional inter-governmental human rights mechanisms in the region. Under the first areas of activity -- the strengthening of capacity of Forum member institutions -- the Forum worked in cooperation with its member institutions to design and implement programmes of technical cooperation. In the implementation of those programmes, the Forum often called upon the skills and expertise that resided within the membership itself.
In November 2003, the Forum had implemented a training programme on human rights investigation skills for the staff of the Human Rights Commission of Sri Lanka, for example. The training programme was part of the Forum's professional development programme. This year, the Forum had also entered into a bilateral programme of cooperation with the national institutions in Jordan and Palestine to assist in the strengthening of those institutions
JOEL THORAVAL, of European Coordinating Committee of National Human Rights Institutions, said that close cooperation between national institutions and with the Human Rights Commissioner of the Council of Europe had led to the strengthening of the European human rights network. Among the urgent questions confronting European national institutions in regard of reforming the European Court of Human Rights was the need to identify the most effective means of implementing the norms enshrined in the European convention on human rights in order to prevent violations of human rights at the national level and to ameliorate internal judicial recourse. Among other priorities, national institutions had also insisted on the need for the Court to adopt more instructive decisions with regard to Member States in order to encourage them to apply effectively the Court’s jurisprudence.
A third Round Table of national institutions on the promotion and protection of human rights in Europe would be held in Berlin in November 2004. The discussion themes at that meeting would be recent development in regard of the human rights institutions and mechanisms of the Council of Europe; respect for human rights in the fight against terrorism; and trafficking in human beings. Finally, the European group’s engagement on the subject of racism and xenophobia was noted. That engagement constituted a meeting point between national and regional dimensions in the fight against discrimination and for equal opportunity.
GERMAN MUNDARAIN, of Ibero American Federation of Ombudsman, said that the Ombudsme, Public Defence, Procurators and National Commission for Human Rights were part of the Federation, which was an independent and autonomous institution. For the Latin American region, the 1990s had been a lost decade as was the case for the 1980s, during which the new economic and social experienced had resulted in the increase in poverty, thus reducing the full enjoyment the economic, social and cultural rights of the population. Such reduction had direct effect on the civil and political rights -- the rights that had been repressed violently with impunity. The exclusion of the population had also been increased. The economic crises of the 1990s had prompted a series of changes in Latin American countries affecting the majority of the population, which had led to the mass poverty. The rate of poverty had been increased from 35 per cent in the 80s to 44 per cent in the 90s.
With regard to external debt, Latin America had been heavy indebted and its debt payment had affected its development programmes. The debt servicing would have been channelled to each country's human development programmes. The economic crisis had also affected the political situation of many countries such as Ecuador, Argentina, Venezuela, Bolivia and recently Haiti. The economic crisis had also affected the already fragile national human rights institutions.
MALICK SOW, of Association Francophone des Commissions Nationales des Droits de l'Homme, said it was an association that brought together all national associations in the French-speaking area, in keeping with the Paris Principles and approved by the General Assembly. The Association wished to point out the specific nature of the Paris Principles, as it met the recommendation of creating a network of national human rights commissions. Since its establishment, the Association had adopted a procedure for accreditation which drew broadly on the procedures of the Committee for Coordinating National Institutions, and had adopted a very ambitious Supra-National Plan, which covered all parts of the different plans of the National Institutions. It would be stepping up and enhancing its cooperation with its various partners in the near future and with all those who shared its objectives. Procedures and structures had been created for the Association, and programmes and projects had been created, and resources sought. Member States were appealed to for a constructive and sincere dialogue which could take place with due respect for differences at the institutional level.
JOEL THORAVAL, of Commission Nationale Consultative des droits de l'homme, said that since its last statement, it had focused mainly on achieving, in the context of a global vision, the equitable and extrajudiciary solving of past grave violations of human rights, with the aim of accompanying the democratic transition process in order to allow for national reconciliation. Thus, it had submitted to King Mohammed VI a recommendation aiming towards the creation of a new body to be called the Equity and Reconciliation Body. This was approved the next month, and the Body was charged with four essential aspects, including the pursuance of cases of forced disappearance, and the elaboration of a final report including the conclusions of research, the analysis of the reported violations, the accomplishments, as well as the recommendations and propositions made to preserve memory in order to guarantee a definitive rupture with the practices of the past, resolve the consequences of the sufferings caused, and re-establish and reinforce the confidence in the rule of law and the respect of human rights. The National Institution for the Promotion and Protection of Human Rights was about to publish its annual report, the first of its type, on the situation of human rights in Morocco and its activities. The project of elaboration of a charter of rights and duties of the citizen was also on the agenda.
TAN SRI ABU TALIB OTHMAN, of Human Rights Commission of Malaysia, said that the organization had persevered with efforts to promote and protect civil and political rights in Malaysia, and had continued reviewing legislation perceived as not being in accord with international human rights principles. Recalling the release of its review of the Internal Security Act of 1960, a number of positive developments had been witnessed including the passing of an amendment to the penal code that sought to insert provisions with regard to terrorism related offenses and provided for an exhaustive approach in dealing with subversion and trial of all detainees; the announcement that controversial laws such as the Internal Security Act would be reviewed to make their measures more humane; and the greater restraint evinced in the use of the Internal Security Act in 2003. Among other activities, the organization had hosted a two-day conference on “Human Rights and the Administration of Law” to celebrate the 2003 Malaysian Human Rights Day. The organization had also increased efforts in the promotion and protection of economic, social and cultural rights, and had initiated a study on trafficking in women and children in the country.
CORRIGENDUM
In press release HR/CN/04/46 of 13 April 2004, the Expert from Tunisia who was elected to the Sub-Commission on the Promotion and Protection of Human Rights was misidentified on page 2. His name is Mohamed Habib Cherif.
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MORNING 14 April 2004
Commission Starts Debate on Effective Functioning of Human Rights Mechanisms;
Finalizes Election of Sub-Commission Experts
The Commission on Human Rights this morning heard addresses by the Chairpersons of the Human Rights Committee and the Committee on the Rights of the Child who underlined the need to strengthen the treaty bodies that were monitoring the implementation of various international human rights instruments.
Abdelfattah Amor, Chairperson of the Human Rights Committee, told the Commission that the universal nature of the International Covenant on Civil and Political Rights and its first optional protocol were being constantly strengthened on a regular basis. With regard to individual communications, it was important to stress and welcome the constant developments in the Committee under the optional protocol and its impact on protection systems. The Committee had done a lot to promote and protect human rights, but what remained to be done was even more significant, and it was therefore important for its means, both human and material, to continue to be reinforced, and that the status of its members continue to be protected, he said.
Jakob Egbert Doek, Chairperson of the Committee on the Rights of the Child, said the Committee had performed to the best of its capacities its core mandate of reviewing the reports submitted by States parties and adopting concrete recommendations in its concluding observations. The Committee was also developing various strategies which aimed to increase awareness at the national level concerning the importance of the reporting and reviewing process under the Convention including the need for appropriate and adequate follow-up to the concluding observations. Currently the Committee had a backlog of reports awaiting review of about two years, he added.
Also this morning, the Commission completed its election of members of the Sub-Commission on the Promotion and Protection of Human Rights. After a third round of secret balloting to choose the fourth and final Expert from an African State, Nuo Wadibia Anyanwu (Nigeria) was elected with 30 votes. Algeria, Togo, Cameroon, Sierra Leone and Angola had withdrawn their candidates prior to the third round. The twelve other members of the Sub-Commission were elected yesterday afternoon.
Several speakers providing statements in the general debate on the effective functioning of human rights mechanisms, including representatives of national human rights institutions, highlighted the need to strengthen various human rights institutions set up in accordance with the Paris Principles. Situations of armed conflicts and economic crises were cited as causes affecting human rights institutions in the efforts to strengthen the promotion and protection of human rights in their respective countries and regions.
Taking the floor were Representatives of Australia (also speaking on behalf of Canada and New Zealand), Cuba, Estonia (on behalf of the Baltic and Nordic States), Ukraine, Russian Federation, China, Sri Lanka, Qatar, Egypt, Sierra Leone and Sudan. Also speaking were Representatives of the World Health Organization), Kuwait, Kenya and Senegal.
The Representatives of the following national human rights institutions also participated in the debate: International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights; Coordinating Committee of African National Human Rights Institutions; Network of the Americas, Asia Pacific Forum of National Human Rights Institutions; European Coordinating Committee of National Institutions; Ibero American Federation of Ombudsman; Association francophone des Commissions nationales des droits de l'homme; Conseil consultatif des droits de l’homme, and Human Rights Commission of Malaysia.
When the Commission reconvenes at 3 pm., it will continue its general debate on the effective functioning of human rights mechanisms.
Documents on the Effective Functioning of Human Rights Mechanisms
As the Commission on Human Rights takes up its consideration of the effective functioning of human rights mechanisms, it has before it a number of reports, including a note (E/CN.4/2004/4) by the United Nations High Commissioner for Human Rights transmitting the report of the tenth meeting of Special Rapporteurs/Representatives, Independent Experts and Chairpersons of Working Groups of the special procedures of the Commission on Human Rights and of the advisory services programme, which took place in Geneva from 23 to 27 June 2003. During the meeting, issues such as measures to be taken to enhance effectiveness in accordance with the Secretary-General’s reform agenda, challenges posed by the current international climate and the fight against terrorism to the protection and promotion of human rights, globalization, and ways of improving cooperation with the Commission, human rights treaty bodies and non-governmental organizations were discussed.
There is also a report of the Secretary-General on regional arrangements for the promotion and protection of human rights in the Asian and Pacific region (E/CN.4/2004/89), which contains the conclusions of the twelfth Workshop on Regional Cooperation for the Promotion and Protection of Human Rights in the Asian-Pacific Region, held in Doha from 2 to 4 March 2004, and information on the progress achieved in implementing the Commission’s resolution 2003/73. The Workshop reviewed the four pillars under the Framework of Regional Technical Cooperation Programme for Asia and the Pacific recent regional and sub-regional human rights initiatives and future directions for the Asia-Pacific Regional Framework. Two intersessional sub-regional workshops were held, the first for Judges and Lawyers on the Justiciability of Economic, Social and Cultural Rights in North East Asia, and the second on Human Rights Education in School Systems of the six States of the Gulf Cooperation Council. Participants in the twelfth Workshop also examined a study on popular and non-formal human rights education in the Asia-Pacific region; in-country training in Investigation Techniques for the Human Rights Commission of Sri Lanka; and the report of the eighth annual meeting of the Asia-Pacific Forum of National Human Rights Institutions.
There is also a note by the Secretariat (E/CN.4/2004/95), which draws the attention of the Commission to the report of the Joint Inspection Unit on the management review of the Office of the High Commissioner for Human Rights contained in document A/59/65-E/2004/48 and to the comments of the Secretary-General on the recommendations of the Joint Inspection Unit (A/59/65/Add.1-E/2004/48/Add.1).
There is also a note by the secretariat on the protection of United Nations personnel (E/CN.4/2004/96), which notes that the ongoing process of strengthening the security management system of the United Nations was interrupted by the horrible events of 19 August 2003, when the United Nations office in Baghdad was attacked and 22 staff members lost their lives and more than 150 suffered injuries. That incident caused a number of investigations to be conducted that have produced recommendations to continue and further the process of improving the United Nations security management system. The Secretary-General has requested the Deputy Secretary-General to lead the process and a change manager has been appointed to assist in analysing the proposals and recommendations made in recent reports.
There is also a report of the Secretary-General on conclusions and recommendation of the special procedures (E/CN.4/2004/97), which contains an annex with references to the pertinent chapters containing the conclusions and recommendations of the reports submitted to the Commission on Human Rights at its sixtieth session by thematic special rapporteurs and working groups, which are available on the web site of the Office of the United Nations High Commissioner for Human Rights (www.ohchr.ch).
There is also a note by the Office of the United Nations High Commissioner for Human Rights (E/CN.4/2004/98), which details measures taken or planned to ensure financing and adequate staff and information for the effective implementation of the human rights treaty bodies, including in regard of developments in the human rights treaty body system; streamlining reporting procedures; technical assistance provided to States parties; individual complaints procedures; and dissemination of the work of human rights treaty bodies.
There is also a report of the High Commissioner on the composition of the staff of the Office of the United Nations High Commissioner for Human Rights (E/CN.4/2004/100), which breaks down information on staff into two tables. The first shows staff of the Office of the High Commissioner in the Professional and above category, by nationality, grade and gender, on posts subject to geographical distribution, as of 1 December 2003. The second table shows staff in the Professional and above category, by nationality, grade and gender, falling under the following categories, as of 1 December 2003: staff holding appointments of less than one year; staff charged to general temporary assistance fund; staff employed in OHCHR field offices; and staff employed as technical cooperation and project personnel.
There is also a report of the Secretary-General on national institutions for the promotion and protection of human rights (E/CN.4/2004/101), which contains information on the activities undertaken by the Office of the United Nations High Commissioner for Human Rights to establish and strengthen national institutions, the measures taken by Governments and national institutions in this regard and cooperation between national institutions and international mechanisms to promote and protect human rights. Information regarding the work of national institutions in respect of specific thematic issues is also included and additional information on assistance provided to national institutions can be found in the reports on activities of the United Nations Voluntary Fund for Technical Cooperation in the Field of Human Rights (E/CN.4/2004/53 and Add.1 and E/CN.4/2004/99).
Statement by Chairperson of Human Rights Committee
ABDELFATTAH AMOR, Chairperson of the Human Rights Committee, said the universal nature of the International Covenant on Civil and Political Rights and its first optional protocol were being constantly strengthened on a regular basis, and this should continue in order to ensure that States not yet Party were not marginalized and participated in the movement of the rest of the world. Regarding the working methods of the Committee, the suggestions of countries and non-governmental organizations were appreciated. States continued to refrain from presenting their reports in due time, and situation reviews in the absence of a report were difficult. Preparing the reports should be done in a more rational fashion, thus the Committee could be more targeted in its recommendations.
With regard to individual communications, it was important to stress and welcome the constant developments in the Committee under the optional protocol and its impact on protection systems. The optional protocol’s procedure had run into various problems, and the Committee was beginning to fall behind on various points, and would thus review some of its procedure, working on preventive and conservation methods. The Committee was sorry to note the lack of respect of these methods by various States which were violating their obligations under the Covenant and the optional protocol.
There was a need to underline the importance of the general observations of the Committee on man-woman equality, on reservations, and on states of emergency. The Committee on Human Rights had done a lot to promote and protect human rights, but what remained to be done was even more significant, and it was therefore important for its means, both human and material, to continue to be reinforced, and that the status of its members continue to be protected.
Statement by the Chairperson of the Committee on the Rights of the Child
JAKOB EGBERT DOEK, Chairperson of the Committee on the Rights of the Child, said the Committee had performed to the best of its capacities its core mandate of reviewing the reports submitted by States parties and adopting concrete recommendations in its concluding observations. The Committee was also developing various strategies which aimed to increase awareness at the national level concerning the importance of the reporting and reviewing process under the Convention, including the need for appropriate and adequate follow-up to the concluding observations. To this end, it had started a programme, in consultation with and with the support of the United Nations Children’s Fund and the Office of the High Commissioner for Human Rights, of visits to States parties whose reports were or had recently been under consideration, with the aim of strengthening awareness of the Convention and to further explain the importance of the reporting/reviewing process. In order to strengthen the concluding observations, the Committee was planning a programme for sub-regional workshops.
Among the challenges faced by the Committee was that of managing in an efficient and effective manner the many reports by States parties that it was required to review. Currently the Committee had a backlog of reports awaiting review of about two years. Further, if all States parties to the Convention on the Rights of the Child were to meet their reporting obligations, the Committee could be required to review between 75 and 100 reports by the beginning of 2005. This situation posed a severe challenge to the effectiveness of the reporting and reviewing system.
In these circumstances, the Committee came to the conclusion that the only way to ensure timely review of the States parties’ reports was to work in two chambers, as in this way it would be able to reduce the backlog of reports awaiting review, consider the reports on the optional protocols soon after their submission, and thereby encourage States parties to submit their reports in a timely fashion. The implementation of this required additional financial resources, although they would be required in any event in later years. The Committee would seek the approval of the General Assembly for this new working method which would be implemented for two years and then evaluated.
General Debate on Effective Functioning of Human Rights Mechanisms
CAROLINE MILLAR (Australia), speaking also on behalf of Canada and New Zealand, wished to underline the importance placed upon the effective functioning of the international human rights monitoring mechanisms and to highlight developments over the past year for the improved operation of human rights treaty committees. The brainstorming session on the proposals contained in the report of the Secretary-General on strengthening the United Nations, hosted by Liechtenstein and the Office of the High Commissioner for Human Rights, had brought together for the first time States, representatives from each treaty body, Secretariat staff, non-governmental organizations and other United Nations specialized agencies and had resulted in the recommendation of some practical steps. Those included that the Secretariat develop guidelines for an expanded core document, periodic focused reports, and recommendations for more harmonized reporting guidelines between the treaty bodies. The work of the Office of the High Commissioner to develop proposals based on those recommendations for consideration at the next Inter-Committee meeting was now being followed with interest.
The Inter-Committee meeting was a valuable forum to bring more consistency and coherency to the treaty body system, she added, as had been demonstrated during the second Inter-Committee meeting of June 2003. Individual treaty bodies could also do much to improve their methods of work, in which context their now regular dialogues with States were welcomed. Among other developments, the new committee on migrant workers was seeking to draw on best practices from other treaty bodies in developing its own working methods. Also, Australia had hosted the third of three workshops on treaty body reform in July 2003, the focus of which had been practical steps to improve the treaty body reporting system. Finally, she noted that the reporting difficulties experienced by new countries – as elaborated by the Foreign Minister of Timor-Leste only a few weeks ago – should serve as a salient reminder that the human rights reporting system was ultimately about improving human rights situations at national levels and that they must be accessible and innovative and help such States to fulfil their obligations.
MANUEL SANCHEZ OLIVA (Cuba) said the universality of human rights could only be recognized through respect for the diversity of political, economic and legal systems, the difference to historic and cultural heritages, and the great variety of religions professed. The Office of the High Commissioner for Human Rights had an irreplaceable role in the effective functioning of the whole system for the promotion and protection of human rights the world over. Concerns on the geographical imbalance of the staff of the Office had been underlined by the Commission, but practically nothing had been done to improve the composition. It was a question that could only be solved with decisive and innovating management measures. The high level of dependence of the work of the Office with respect to voluntary financing was a serious problem that had an impact on its entire political and ideological activity.
Many basic functions were financed with voluntary contributions and the vast majority of positions corresponding to these functions were held by project personnel. Another particularly worrisome problem was the imbalance in the appropriation of resources and the Office’s support to the different mechanisms of the Commission for the discharge of its mandates, where the situation harmed the universality, inter-relation and interdependence of all human rights. The new High Commissioner should take relevant measures to overcome these difficulties in order to promote the equitable treatment that should be given to all categories of human rights.
KIRKE KRAAV (Estonia), speaking on behalf of the Baltic and Nordic countries, said that they attached great importance to the role of national institutions in translating international human rights norms into laws, policies and practices that ensured respect for human rights at the national level. National institutions should be given an opportunity to participate in the legislative process by commenting on draft legislation and contributing with a human rights perspective to public policies. National institutions played an essential role in human rights education and enhancing public awareness of human rights. Baltic and Nordic countries underlined the importance of using the means of modern information technology. In that region, different national human rights institutions had been established in order to monitor the implementation of human rights. In that regard, the existence of the posts of ombudsman in all Baltic and Nordic countries was worth mentioning.
Non-governmental organizations could contribute substantially to effective implementation of international human rights norms and civil society could complement the work of human rights systems and mechanisms. Civil society in the Baltic and Nordic countries played a considerable role in the reporting process to international monitoring bodies. The efforts by civil society to promote human rights on national, regional and global levels deserved further support and encouragement. The Baltic and Nordic States would like to emphasize that the current principles of the fulfilment of the reporting obligations would gain added value via transparency on the national level by making available the texts of the reports as well as the concluding observations to the national public.
VOLODYMYR BELASHOV (Ukraine) said that United Nations human rights mechanisms played a vital role in the promotion and protection of human rights of every individual, in that their dialogue with States parties provided the basis for achieving practical improvements in the implementation of human rights at the national level. It was thus critical to ensure that the system operated with maximum effectiveness. Noting the Commission’s responsibility to continue its leadership in upholding international human rights standards, he said that although imposing the criteria for membership, which discussion had begun last session, was practically unrealistic, it had been a useful discussion in reminding States that the true strength of the human rights body was determined by the values of its members as much as the efficiency of its procedures. Moreover, while the Commission adopted a number of encouraging resolutions each year, there was a need for better follow-up and implementation of those documents so that did not become dead letters.
The international community needed to move away from selectivity and partiality, he added, and engage in an honest dialogue on whether there had been genuine improvement in human rights through existing mechanisms. Thus, it was essential to combine approaches including promotion of mutual understanding through dialogue on each country’s specific situation; engaging in cooperation with the view to enhancing human rights protection in effective and practical way; and expressing firm disapproval of serious violations of human rights. The Office of the High Commissioner should also play a more central role in assisting countries emerging from conflict situations. Finally, he noted that there was a lack of consistency on the part of treaty bodies to the consideration of reports and that coordination among the various human rights structures of the United Nations was vital. Duplication of reporting should be avoided, without impairing the quality of reports, and the overall burden of reporting must be reduced.
ALEXEY VLASSOV (Russian Federation) said at present there was a system of universal mechanisms for the protection and encouragement of human rights that was of universal scope. The creation of a growing number of new bodies and mandates had led to serious problems due to duplication of work and a lack of financial resources allocated from the United Nations budget. The time had come for a moratorium on the creation of new mechanisms, and there should be an analysis of existing mechanisms to ensure close coordination where mandates overlapped. At present, attempts were still being made to create new mechanisms with intrusive powers. Such proposals frequently did not take into account the existence of similar regional mechanisms, and the political activism of various human rights personnel was clear in their requests which sometimes had nothing to do with human rights. This problem could be dealt with by a review of the procedures for the appointing of Special Rapporteurs, Chairpersons and Special Experts. Combining posts should also be prohibited. There should be a more balanced allocation of resources between the mechanisms. It would be relevant to reform the working methods of treaty bodies. There were three basic measures which could improve the functioning of a system as a whole.
LI BAODONG (China) said although human rights mechanisms still functioned, they were subject to various limitations and restrictions. Human rights conventions and fundamental human rights had not been universally recognized and given due importance. The right to development was an important and fundamental human right, which constituted the basis and precondition for realization of all other human rights. However, the United States refused to recognize the right to development. Protection of children’s rights was the top priority all over the world, and there were only two countries that had not acceded to the Convention on the Rights of the Child, one of which was the self-proclaimed “world champion of human rights”. Further, some important human rights instruments were not fully implemented, and some important human rights were not duly protected.
Although the United States had acceded to some international human rights conventions, it had not faithfully honoured its obligations under those conventions. The special mechanisms under the Human Rights Commission were more likely to target and criticize the developing countries to the effect that these mechanisms could not fairly function. The main reason behind this was that the United States, as a superpower, was always demanding other countries invite mandate holders to visit them, while the United States itself never gave any consideration to the requests to visit. The special mechanisms were under severe challenges in the face of constant changes in the international situation. Item 9 on the violation of human rights and fundamental freedoms in any part of the world had been abused over the years, and it was urgent to reform it.
SHAVEENDRA FERNANDO (Sri Lanka) said it was often argued that it was the responsibility of the international community to uniformly and equitably monitor human rights situations around the world, then comment as appropriate and where necessary take suitable action in respect of gross violations of human rights. However, such action should follow a consultative approach, as confrontational approaches would not yield the desired results. For a robust foundation there was no substitute to “domestic mechanisms” to set human rights standards, monitor situations and to provide redress to those aggrieved by alleged human rights violations. Such domestic mechanisms enabled people to readily and with minimum resources access institutions and seek redress without delay.
The Government of Sri Lanka continued to recognize the importance of domestic law enforcement, particularly the enforcement of the domestic criminal justice system relating to human rights violations. In order to facilitate such action, a legislative infrastructure was being developed. Domestic institutions in Sri Lanka that were mandated to inquire into, investigate and prosecute alleged human rights violations had the reputation of discharging their responsibilities in accordance with international norms, standards, and procedures. Therefore, Sri Lanka continued to place great reliance on such effective domestic mechanisms to ensure the promotion and protection of human rights, to impartially and comprehensively enforce the law and thereby to prevent impunity.
KHALID BIN JASSIM AL-THANI (Qatar) said that the Doha regional workshop on the protection and promotion of human rights had successfully accomplished its work and had agreed on a number of objectives to be implemented at the regional and national levels. The workshop had attracted the participation of 36 States, 16 national human rights institutions, and a number of non-governmental organizations. The Doha regional workshop had examined the situation of national human rights institutions and the strengthening of their institutions. The participants had agreed to implement the conclusions and agreements reached upon with regard to the promotion and protection of human rights at the national and regional levels. The implementation of follow up measures both at the national and regional levels had also been stressed.
The multi-cultural nature of human rights had been emphasized and the teaching of human rights at all levels highlighted. The workshop had also taken note of recommendations of the Office of the High Commissioner for Human Rights concerning the teaching of human rights education at the universal level. Within the framework of the promotion and protection of human rights at the national and regional levels, the Government of Qatar reaffirmed its commitment in the implementation of the agreements reached at the Doha workshop.
AHMED ABDEL-LATIF (Egypt) said that the country’s human rights’ principles had evolved out of thousands of years of civilization in which the three major religions had lived together in peace and harmony for many years. The Government’s endeavours to enhance human rights had included the establishment of departments on human rights in the Ministries of Justice and the Interior, and in the Prosecutor’s office. However, it should be noted that the principles of human rights and their enhancement could not be accomplished by one country alone, but must be a process carried out by Governments in conjunction with civil society and other institutions.
The Egyptian National Council for Human Rights was composed of eminent persons – including former United Nations Secretary-General Boutros Boutros-Ghali – and had for its priorities: the submission of a national plan to enhance human rights; the submission of proposals to national authorities; the reception of complaints in the field of human rights and responsibility for studying them; responsibility for follow-up on obligations under relevant international human rights treaties; and the dissemination of a human rights culture and awareness raising among Egyptian citizens. The Council had already begun to look into 450 complaints from individuals, which were awaiting replies from the appropriate Government ministers. The Council served to reaffirm the country’s political will to enhance and protect human rights for all Egyptian citizens.
SYLVESTER ROWE (Sierra Leone) said his country considered the National Commission for Social Action as one of the prime institutions for the promotion and protection of some of the basic rights of its people, because it was dedicated to help reduce poverty, promote sustainable development and reduce the risk of renewed conflict. The Commission for War-Affected Children was also regarded as another institution for the protection of human rights. In the area of civil and political rights, a National Commission for Democracy and Human Rights had been established 10 year ago. Its primary function was in the area of human rights education -- sensitising people about their human rights, including aspects of democratic governance.
With the support of the United Nations and the international community, the Truth and Reconciliation Commission had completed its mandate and would soon issue its report and recommendations. That landmark development has opened the way for the establishment of the permanent national institution specifically for the promotion and protection of civil and political rights. He announced that the Bill for the establishment of the new Human Rights Commission of Sierra Leone had just been presented to Parliament.
ELTAYEB HAROUN (Sudan) said it attached great importance to the promotion and protection of human rights. The first institution for their protection had been set up in 1965, and it had made inquiries into allegations of human rights violations, provided periodic advice, but had been dissolved after the military coup d’etat later that year. Efforts of the State had been constant to set up an advisory mechanism to the State that would provide capacities, promote and protect human rights and formulate policies in this respect. An advisory body of human rights had been set up in 1994 in which all parts of society, non-governmental organizations, the Government and workers were included. This Council provided advice, recommendations, reports, service and answered inquiries for all, as well as serving to report on human rights violations, allowing the Government to enact and implement the recommendations of the Commission, and was instrumental in bringing about the agreement between Sudan and the Office of the High Commissioner for Human Rights. This consultative Committee and Council had worked tirelessly in order to create and promote human rights in Sudan, including religious minorities and women. All provinces had been gathered together to deal with human rights issues, including international norms, the experience of other countries, and to choose representatives for a higher status human rights body.
ASAKO HATTORI (World Health Organization WHO) said the United Nations human rights mechanisms, both treaty-based and charter-based, provided important avenues towards increasing accountability for health. In recent years, efforts had been undertaken to further strengthen and expand the WHO’s collaboration with the United Nations human rights treaty bodies. WHO’s role was to support its Member States. The primary aim in collaborating with the treaty bodies was to help Governments improve public health through a human rights based approach. The treaty monitoring process constituted an important monitoring and evaluation mechanism for health and development. Efforts made by treaty bodies to coordinate their procedures and practices as part of the United Nations reform process were welcomed- even small changes could make the process more user-friendly. WHO also wished to call attention to the importance of information sharing and coordination among United Nations agencies and other national actors who were involved in the monitoring process. WHO was committed towards better coordination and collaboration with United Nations human rights mechanisms.
SADIQ MARAFI (Kuwait) reiterated his country’s commitment to and obligations under the international human rights instruments. The authorities of Kuwait continued to implement the various international instruments to which the State was a party. In terms of cooperation, it was to be recalled that during the last two decades, acts of regional destabilization had been committed by the former Iraqi regime that undermined international and regional cooperation. For the last 14 years, the national commission on human rights had been condemning the killing of Kuwaiti and other third nation citizens held in Iraq.
PHILLIP RICHARD O. OWADE (Kenya) said that since the historic elections in December 2002, the Government had continued to attach high priority to the promotion and protection of human rights. A new Ministry of Justice and Constitutional Affairs had been created. The judiciary had undergone major surgery to rid it of corruption and to ensure that an environment for the rule of law and administration of justice took root. A comprehensive legal reform had been underway, including a people driven constitutional reform process, which was almost complete. The draft Constitution had a whole chapter on the Bill of Rights, setting out fundamental rights and freedoms. It established a number of constitutional commissions, including the commission on human rights and administrative justice.
But even before that new constitutional exercise was completed, Parliament had already established the Kenya National Commission on Human Rights, an independent and autonomous body charged with the responsibility of promoting and protecting human rights. Parliament deemed the Commission to be an important body in enhancing the rule of law and sustaining, consolidating and strengthening democracy.
PAPA DIOP (Senegal) said the Government had reinforced the attributes of the Senegalese Committee for Human Rights, which had been in place since 1970. The status of the Committee had been enhanced, and the scale of its competencies changed. The Committee was a place for dialogue between different actors for the resolution of all issues related to human rights. It had an autonomous status, and a pluralist make-up, including both representatives of human rights defense bodies, trade unions, and concerned organs of the State. Thus, the actions undertaken by the Committee and by the State in the field of human rights, far from being concurrent, in fact completed each other. Further, in the context of the application of regional arrangements for the promotion and protection of human rights, in particular the African Charter for Human Rights and Peoples, the Senegalese Committee cooperated with the African Commission, with which it was affiliated. The creation of this constituted an important step for the effective respect of human rights in Africa. Senegal hoped that the States of the Continent that remained hesitant could join those that had already ratified the Charter.
OMAR AZZIMAN, of International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights, said that in this increasingly tormented world, efforts to ensure human rights must be redoubled to confront menacing trends such as the increasing fragilization of the United Nations and the spread of terrorism. Yet there were areas of light; international human rights law continued to progress, even if was not effectively applied, and the international justice system continued to be consolidated, even if its implementation was at times uncertain. Furthermore, men, women and children throughout the world continued to struggle for their human dignity and national institutions continued to work to promote and protect human rights. More than 80 institutions had now aligned themselves with the Paris principles. There had also been substantial progress at the regional and sub-regional and international levels between national institutions.
The situation of human rights required more resolute commitment, he acknowledged. The Office of the High Commissioner for Human Rights must make every effort to support and create new national institutions and to support those already existing. Present problems of globalization and sustainable development, of cultural diversity and intercultural dialogue, should lead the international community to pay more attention than ever to the need to promote and protect economic, social and cultural rights. National institutions – with their regional and global facilitating bodies – could contribute to this process, including through North-South ties. National institutions could also play an important role in teaching human rights and universally shaped values. Education constituted one of the most reliable ways of combating extremism of all sorts and building a dialogue of peace.
MARGARET SEKAGGYA, of Coordinating Committee of the African National Human Rights Institutions, said that a number of national human rights institutions had been established in various countries on the African continent to promote human rights in line with the Paris Principles. Those institutions had formed a Coordinating Committee of African National Institutions for the promotion and protection of human rights, which had been in existence for two years. The continent was still riddled with conflict with the most recent examples being Sudan, Sierra Leone, Democratic Republic of the Congo, Liberia, Côte d'Ivoire and northern Uganda, among others. Many people had been killed during the various conflicts and many children had been forced to fight, leading to an increase in the number of child soldiers. The conflicts had caused many people to leave their homes as internally displaced people or refugees. Those people lacked many essential needs like food, water and medical care.
She called on the international community through international cooperation to consider a "Marshal Plan" for war-ravaged economies of Africa to help restoration of conditions in which peace might continue to prevail. The poverty levels were still high on the African continent. As such promotion, protection and enforcement of socio-economic rights was crucial. It remained a challenge for the African national human rights institutions to address poverty.
SALVADOR CAMPOS ICARDO, of Network of the Americas, said the exacerbation of the inequality in the Americas was a clear sign of the need for the work of the National Commissions and their work to bring about respect for human rights, equality and social justice. It was a good time to strengthen alliances to help the poorest. The Network had been conceived as an instrument to strengthen recognition and implementation of human rights norms and standards. Work was done on many levels in order to create institutions for human rights in all countries of the Americas. All would work together along with representatives of non-governmental organizations and civil society towards the goals of the Network, and countries in the Caribbean would also participate. A new plan for financing future strategies was being examined, and a website for the Network would be launched soon. It was a unique opportunity to bring about harmonization of national American institutions. Aware of the current international context and terrorist acts that had left their mark on the beginning of the century and current States policies on stamping out terrorism, work was being done to provide human rights alternatives and improve capacity for dealing with complaints. Indigenous rights were a cornerstone of the rights that were being worked on.
KIEREN FITZPATRICK, of Asia Pacific Forum of National Human Rights Institutions, said that the past several years had seen an increase in the number of national human rights institutions in the region as more countries recognized the importance of practical and effective national protection systems to make international human rights commitments and standards effective at the national level. National human rights institutions were therefore making important contributions to the protection and promotion of human rights in the Asia Pacific area. The role of national human rights institutions in the region in protecting and promoting human rights was particularly important given the absence of a regional inter-governmental human rights mechanisms in the region. Under the first areas of activity -- the strengthening of capacity of Forum member institutions -- the Forum worked in cooperation with its member institutions to design and implement programmes of technical cooperation. In the implementation of those programmes, the Forum often called upon the skills and expertise that resided within the membership itself.
In November 2003, the Forum had implemented a training programme on human rights investigation skills for the staff of the Human Rights Commission of Sri Lanka, for example. The training programme was part of the Forum's professional development programme. This year, the Forum had also entered into a bilateral programme of cooperation with the national institutions in Jordan and Palestine to assist in the strengthening of those institutions
JOEL THORAVAL, of European Coordinating Committee of National Human Rights Institutions, said that close cooperation between national institutions and with the Human Rights Commissioner of the Council of Europe had led to the strengthening of the European human rights network. Among the urgent questions confronting European national institutions in regard of reforming the European Court of Human Rights was the need to identify the most effective means of implementing the norms enshrined in the European convention on human rights in order to prevent violations of human rights at the national level and to ameliorate internal judicial recourse. Among other priorities, national institutions had also insisted on the need for the Court to adopt more instructive decisions with regard to Member States in order to encourage them to apply effectively the Court’s jurisprudence.
A third Round Table of national institutions on the promotion and protection of human rights in Europe would be held in Berlin in November 2004. The discussion themes at that meeting would be recent development in regard of the human rights institutions and mechanisms of the Council of Europe; respect for human rights in the fight against terrorism; and trafficking in human beings. Finally, the European group’s engagement on the subject of racism and xenophobia was noted. That engagement constituted a meeting point between national and regional dimensions in the fight against discrimination and for equal opportunity.
GERMAN MUNDARAIN, of Ibero American Federation of Ombudsman, said that the Ombudsme, Public Defence, Procurators and National Commission for Human Rights were part of the Federation, which was an independent and autonomous institution. For the Latin American region, the 1990s had been a lost decade as was the case for the 1980s, during which the new economic and social experienced had resulted in the increase in poverty, thus reducing the full enjoyment the economic, social and cultural rights of the population. Such reduction had direct effect on the civil and political rights -- the rights that had been repressed violently with impunity. The exclusion of the population had also been increased. The economic crises of the 1990s had prompted a series of changes in Latin American countries affecting the majority of the population, which had led to the mass poverty. The rate of poverty had been increased from 35 per cent in the 80s to 44 per cent in the 90s.
With regard to external debt, Latin America had been heavy indebted and its debt payment had affected its development programmes. The debt servicing would have been channelled to each country's human development programmes. The economic crisis had also affected the political situation of many countries such as Ecuador, Argentina, Venezuela, Bolivia and recently Haiti. The economic crisis had also affected the already fragile national human rights institutions.
MALICK SOW, of Association Francophone des Commissions Nationales des Droits de l'Homme, said it was an association that brought together all national associations in the French-speaking area, in keeping with the Paris Principles and approved by the General Assembly. The Association wished to point out the specific nature of the Paris Principles, as it met the recommendation of creating a network of national human rights commissions. Since its establishment, the Association had adopted a procedure for accreditation which drew broadly on the procedures of the Committee for Coordinating National Institutions, and had adopted a very ambitious Supra-National Plan, which covered all parts of the different plans of the National Institutions. It would be stepping up and enhancing its cooperation with its various partners in the near future and with all those who shared its objectives. Procedures and structures had been created for the Association, and programmes and projects had been created, and resources sought. Member States were appealed to for a constructive and sincere dialogue which could take place with due respect for differences at the institutional level.
JOEL THORAVAL, of Commission Nationale Consultative des droits de l'homme, said that since its last statement, it had focused mainly on achieving, in the context of a global vision, the equitable and extrajudiciary solving of past grave violations of human rights, with the aim of accompanying the democratic transition process in order to allow for national reconciliation. Thus, it had submitted to King Mohammed VI a recommendation aiming towards the creation of a new body to be called the Equity and Reconciliation Body. This was approved the next month, and the Body was charged with four essential aspects, including the pursuance of cases of forced disappearance, and the elaboration of a final report including the conclusions of research, the analysis of the reported violations, the accomplishments, as well as the recommendations and propositions made to preserve memory in order to guarantee a definitive rupture with the practices of the past, resolve the consequences of the sufferings caused, and re-establish and reinforce the confidence in the rule of law and the respect of human rights. The National Institution for the Promotion and Protection of Human Rights was about to publish its annual report, the first of its type, on the situation of human rights in Morocco and its activities. The project of elaboration of a charter of rights and duties of the citizen was also on the agenda.
TAN SRI ABU TALIB OTHMAN, of Human Rights Commission of Malaysia, said that the organization had persevered with efforts to promote and protect civil and political rights in Malaysia, and had continued reviewing legislation perceived as not being in accord with international human rights principles. Recalling the release of its review of the Internal Security Act of 1960, a number of positive developments had been witnessed including the passing of an amendment to the penal code that sought to insert provisions with regard to terrorism related offenses and provided for an exhaustive approach in dealing with subversion and trial of all detainees; the announcement that controversial laws such as the Internal Security Act would be reviewed to make their measures more humane; and the greater restraint evinced in the use of the Internal Security Act in 2003. Among other activities, the organization had hosted a two-day conference on “Human Rights and the Administration of Law” to celebrate the 2003 Malaysian Human Rights Day. The organization had also increased efforts in the promotion and protection of economic, social and cultural rights, and had initiated a study on trafficking in women and children in the country.
CORRIGENDUM
In press release HR/CN/04/46 of 13 April 2004, the Expert from Tunisia who was elected to the Sub-Commission on the Promotion and Protection of Human Rights was misidentified on page 2. His name is Mohamed Habib Cherif.
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