COMMISSION ON HUMAN RIGHTS CONCLUDES DEBATE ON PROMOTION OF HUMAN RIGHTS, STARTS CONSIDERATION OF EFFECTIVE FUNCTIONING OF HUMAN RIGHTS MECHANISMS

MORNING
HR/CN/99/50
21 April 1999




The Commission on Human Rights this morning concluded its debate on the promotion and protection of human rights, and started its consideration of the effective functioning of human rights mechanisms, in the context of treaty bodies, national institutions and regional arrangements, and the adaptation and strengthening of the United Nations machinery for human rights.

Whilst discussing the promotion and protection of human rights, many speakers pointed out the vital importance of human rights defenders working at the grass roots level. They insisted that the rights of these defenders needed to be protected further since the Declaration on Human Rights Defenders.

The importance of the treaty bodies was highlighted when the debate moved on to the effective functioning of human rights mechanisms. Delegates said the treaty bodies should be both strengthened and streamlined so as to become more effective. These instruments should also be held accountable by civil society, which needed to have confidence in their effectiveness.

Representatives from the following countries addressed the Commission this morning: Pakistan, China, Mexico, the Republic of Korea, Guatemala, Cuba, Poland, Ireland, Austria, Malaysia, New Zealand (on behalf of Australia and Canada), Ukraine, Georgia, the Dominican Republic, Croatia and Australia.

Sudan, Malaysia and Iraq exercised their right of reply.

Speakers for the following non-governmental organizations also addressed the meeting: Liberation, Interfaith International, the International Institute for Peace, the Indian Movement ATupaj Amaru@, the International Human Rights Association of American Minorities, the International Islamic Federation of Student Organizations, the International
Indian Treaty Council, the Women's International League for Peace and Freedom, the African Commission for Health and Human Rights Promoters, the Transnational Radical Party, the Association for World Education, Human Rights Watch, the American Association of Jurists, and the Andean Commission of Jurists.

The Commission resumes its plenary at 3 p.m. to continue its discussion on the effective functioning of human rights mechanisms.

Effective functioning of human rights mechanisms: treaty bodies; national institutions and regional arrangements; and adaptation and strengthening of the United Nations machinery for human rights

Before the Commission under this agenda item is a report (E/CN.4/1999/93) by the Secretary-General on regional arrangements for the promotion and protection of human rights. The report discusses the programmes of protecting and promoting human rights in Africa, Europe, Latin America, and Asia and Pacific region.

Each of the areas has organizations or systems in place for this specific purpose, the report states. In Africa, it was the Organization of African Unity (OAU) and the Economic Community of West African States (ECOWAS); in Europe, it was the Council of Europe, the European Union, and the Organization for Security and Cooperation in Europe (OSCE); in Latin America, it was the Inter-American Institute for Human Rights (IIDH) and the United Nations Latin American Institute for Crime Prevention and the Treatment of Offenders (ILANUD); and in Asia and the Pacific, there were a number of regional workshops that aided Governments in reaching possible consensus on the establishment of a permanent organizations. The report concludes that the High Commissioner for Human Rights places a high priority on coordination with regional systems, and intends to visit each area as soon as possible. Her results and observations will be reported to the fifty-sixth session of the Commission.

The Commission is also considering document (E/CN.4/1999/94) which is a report by the Secretary-General on regional arrangements for the promotion and protection of human rights in the Asian and Pacific region. The document contains an account of the seventh Workshop on regional arrangements for the promotion and protection of human rights in the Asian and Pacific region. The United Nations programme of technical cooperation in the field of human rights in the Asian and Pacific region is also detailed, as are the activities of national human rights institutions , and the status of adherence by States in the region to the principal international human rights instruments.


The report also contains annexes, including proposals for the next steps to be taken to facilitate the process of regional cooperation for the promotion and protection of human rights and possible regional arrangements; and the conclusions of the seventh Workshop. The Workshop reiterates the importance of an inclusive, step-by-step, practical and building blocks approach towards enhancing regional cooperation, whilst reaffirming that developing national capacities for the promotion and protection of human rights in accordance with national conditions provides the strongest foundation for effective and enduring regional cooperation. The Workshop calls for the mainstreaming and effective coordination of technical cooperation activities in all areas of human rights as an essential element of promotional approaches that build capacity and ensure effective solutions. The Office of the High Commissioner for Human Rights should establish a bulletin board on these regional technical cooperation activities, should develop and implement the proposals made in New Delhi in the four areas of the Framework for Regional Technical Cooperation, and should report periodically to the open-ended team in Geneva as well as to the next Workshop on the progress achieved.

Also before the Commission is a report (E/CN.4/1999/95) by the Secretary-General which contains information on the various activities undertaken by the Office of the High Commissioner for Human Rights (OHCHR) to establish and strengthen national institutions, and on the measures taken by national institutions themselves.

There is also a note (E/CN.4/1999/97) by the Secretariat which presents conclusions and recommendations of thematic special rapporteurs and working groups in annex and states that a meeting of special rapporteurs/representatives, experts and chairpersons of working groups of the special procedures of the Commission was held from 26 to 29 May 1998.

The Commission is also considering a report (E/CN.4/1999/97) by the High Commissioner for Human Rights dealing with the composition of the staff of the Office of the United Nations High Commissioner for Human Rights. It presents in tables 1 and 2 the regular OHCHR staff in the professional and other categories.

Statements

SYED SHARIFUDDIN PIRZADA (Pakistan) welcomed the adoption by the General Assembly of the Declaration on Human Rights Defenders. In Pakistan, civil society made a significant contribution in all facets of nation building. The Government considered the civil society as an important partner in its efforts to further protect and promote human rights. The Human Rights Commission was not a government-sponsored body. It monitored various facets of life in Pakistan and issued reports which were highly and at times unduly critical. Pakistan was being subjected to a vicious campaign of vilification by a group of non-governmental organizations which had been organized, financed, sponsored or directed by the intelligence agencies of India. These sponsored harbingers of hatred for Pakistan not only wasted the Commission=s time, they also polluted the atmosphere of the deliberations and brought into disrepute the very institutions of civil society.

Mr. Pirzada said the Commission needed to find a way to draw a distinction between genuine human rights defenders and those who had the support and patronage of certain governments. The reason for these attacks was to muzzle the voice of the legitimate Kashmiri freedom struggle against Indian occupation and repression. The Kashmiris were entitled to the support of the entire international community. There were many people of courage and conviction who continued to seek freedom for Kashmir from Indian oppression. Their courage and the legitimacy of their cause could not and should not be allowed to be confused or compromised by the antics of the spurious individuals who passed themselves off as human rights defenders.

YU WENZHE (China) said that the human rights conventions needed to be implemented by State parties through administrative and legislative steps and therefore their effectiveness could only be implemented by the own efforts of State parties. The General Assembly had adopted last December the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms. It would be included in the next edition of AHuman Rights: Compilation of International Instruments@ which would contribute to the universal respect for and understanding of the Declaration. In this context, it was necessary to stress the following points: individuals, groups and organs of society had both the right and responsibility to promote the respect for and awareness of human rights and fundamental freedoms; primary responsibility and obligation lay with States; the exercise of the rights and responsibilities set forth must be in conformity with domestic laws; and fundamental guidelines for human rights activities relevant to the Declaration had to be conducted in compliance with provisions and principles.

Mr. Yu said China had on all occasions conducted serious and responsible investigations and had given timely responses to communications from the Commission and Special Rapporteurs. China had in the past implemented in earnest its treaty obligations and would continue its cooperation with different treaty bodies in this regard.

ELEAZAR RUIZ YAVILA (Mexico) said it was important to recognize the effectiveness of international cooperation in the field of human rights. Last December, the Mexican Government had demonstrated its permanent disposition to cooperate internationally with its national programme to promote and strengthen human rights. The programme=s objective was strengthening the culture of human rights by designing mechanisms that allowed for the identification of progress for human rights and the identification of obstacles.

Mr. Yavila said the programme assigned Secretaries of State and public institutions to study specific measures to foster human rights. Public safety measures were programmed with the purpose of tackling corruption in police forces and educating law enforcement officials in the eradication of practices like extortion and torture. Other elements of society were also included, specifically academic, civil, and cultural institutions.

Mr. Yavila said the Government had expressed its desire to see the death penalty abolished. The death penalty denied the most basic human right, the right to life. Sadly, there had not been substantive progress on this issue. Mexico favoured the right to life, rejected violence, and supported the call for a moratorium on the death penalty for one year.

YOUNG SAM MA (the Republic of Korea) said the international covenants, together with the Universal Declaration of Human Rights, formed the pillars of the international bill of human rights. Although 40 countries or so still remained outside the two main covenants, recent developments represented significant progress in the common efforts to promote universal respect for and observance of human rights and fundamental freedoms. The effective implementation of these covenants was as important as increasing their universality. However, some countries neglected their obligations. Any attempt to withdraw from the International Covenant on Civil and Political Rights constituted a serious challenge to the treaty system as a whole. International law did not allow withdrawal. The international community should make determined efforts to uphold the integrity of the international human rights system by accepting and abiding by these rulings.

Mr. Ma said the international community owed the achievements made so far in the area of human rights to individuals, groups or organs that had been working at the grass roots level to protect the victims and potential victims of human rights abuses. The protection of these human rights defenders should be guaranteed under all circumstances. There was an undeniable need to sensitize the public on the international human rights instruments and machinery available. The plan of action of the United Nations Decade for Human Rights Education was yielding significant results, and this was good.

In concluding, Mr. Ma said it was only through a show of international political will, based upon shared values, that the fate of many people could be changed for the better. The Republic of Korea was firmly committed to the noble cause of human rights, and pledged to participate with steadfast determination in international efforts to see human rights enjoyed by all the world's citizens.

LUIS PADILLA MENENDEZ (Guatemala) said that when speaking on the reform of the Commission, it was clear that each item had to be studied in a flexible manner. But in the absence of a clear, cooperative and coordinated methodology, how could it all be brought together in a comprehensive and unified manner. How could the Commission establish the links between rights such as the democratic rights and development rights. The Commission lacked a unifying methodology. There had been an increasingly urgent need for inter-agency coordination and cooperation at the United Nations level as well as at the Member State level. Cooperation and coordination were essential for the promotion of human rights. More interactive dialogue in a spirit of harmony and cooperation was needed. The very high confrontational, monologue approach should be absent. The Commission needed to focus on the important issues.

JASDEV RAI, of Liberation, said the organization continued to be dismayed at the reluctance of some of the world's leading democracies to ratify various international instruments, particularly the Covenant on Civil and Political Rights, and the International Covenant on Social, Economic, and Cultural Rights. It was particularly regretful that the world's most powerful democracy, the United States, had yet to ratify these treaties.

Mr. Rai welcomed the news that the United Kingdom had decided to incorporate the majority of rights contained in the European Convention into its domestic law. Liberation also appealed for the end of the death penalty.

MUKUL HAZARIKA, of Interfaith International, said human rights were gradually being perceived as an important avenue, as accorded by the human rights instruments of the United Nations. However, there was still a long way to go, since many countries continued to violate these rights. These countries lacked seriousness and determination in defending human rights within their borders. Non-governmental human rights defenders always had a daunting task, but it was so most especially in these countries, since the political process was often seriously limited in all respects. Funding from the United Nations was not widely available, but information as to the availability of this funding could change this. Human rights defenders also faced arrest, harassment, restrictions on travel, and being accused of fabricated criminal activities. Their lives were also at risk in many countries, for example in India. It was believed that if the citizens of the world were to enjoy fully the fruits of the rights offered by the United Nations Charter, then human rights defenders must be defended by all means.

PANKAJ BHAN, of the International Institute for Peace, said the situation in developing countries was serious. They were vulnerable. There needed to be a mechanism to monitor and punish those who violated human rights in these countries. The human mind must be able to accept new ideas. Human rights education had to be more effective. That required healthy social and economic situations for the masses.

SYLVIA CAMACHO, of the Indian Movement "Tupaj Amaru@, said that the liberal model was blindly ignoring the national understanding of life. Pollution and industrial production had blindly been destroying the natural foundations of life. Environmental degradation was alarming. The indigenous Indians of the United States were being treated as primitive savages.

GHULAM RASOOL DAR, of the International Human Rights Association of American Minorities, in a joint statement with the International Peace Bureau, said the report on minimal human rights standards was most welcome. In the last few decades, tension and acts of violence in internal conflicts had caused violations of human rights. There was a need to address this, since it was outside the scope of existing instruments. Non-state actors should be held accountable, especially in States where the Government no longer existed or had been enfeebled. It had become difficult for gross violators to escape punishment, simply by claiming to be a non-state actor. This should continue. There was a dire need to further streamline fundamental human rights, so that they were applicable at all times to all parties. Human rights defenders were the most vulnerable group to harassment, torture and elimination, for example in Kosovo and India.

SHABIR AHMED DAR, of the International Islamic Federation of Student Organizations, said this century would be remembered for the evolution and development of human rights law. For the past five decades, hundreds of thousands of human rights activists had made invaluable contributions in all parts of the world. The adoption of the Declaration on Human Rights Defenders by the Commission was a well deserved tribute to the selfless sacrifices of all these people. But as the High Commissioner for Human Rights had stated, this profession was not safe. Human rights defenders often faced harassment and threats to their lives. Often, there were no investigations or inquiries into these crimes. Those who defended human rights needed adequate protection. With a new millennium, we must enter a world free of fear, rich in civilization, leaving behind all the bitterness of the past millennium with a will to respect and honour all members of the human family by addressing and resolving their basic problems.

JUAN ALVARADO, of the International Indian Treaty Council, said the United States of America had not adopted the second protocol to the International Covenant of Civil and Political Rights. It had been repeatedly against the retraction of death penalty and exclusion of minors and mentally ill persons. Every year, it cruelly executed persons of colour, including American Indians. The organization had solicited the abolition of executions but to no avail.

ANNA PARKER, of Women's International League for Peace and Freedom, said that the highest value was placed on building and maintaining a culture of peace in every arena. Peace was not just the absence of war, it was the presence of justice, a justice entailing economic and political as well as social and cultural democracy. Peace was the celebration of diversity, and sustained itself in an environment free of fear, an environment of true security, where all human rights, universal and indivisible, were honoured and respected. To move towards a culture of peace, war should be abolished. Where violence was institutionalised, peace was absent. Bilateral, multilateral or national conflicts could only be legitimately addressed through United Nations mechanisms which should insist on peaceful means of intervention. Peaceful negotiations between and among former enemies should be sought by the Commission.

NGARLETY YORONGAR, of the African Commission of Health and Human Rights Promoters, said there had been many violations of rights in Africa, especially in Chad, Congo, Sierra Leon, and Rwanda. In Chad, the speaker said he have been arrested, beaten, and tortured 11 times. Human rights defenders had been assassinated. This was why the Commission was being called upon to do an independent survey to see the scope of this genocide in Chad. The Commission should appoint a Special Rapporteur on Chad. Victor Hugo had said that to witness evil in silence was tacitly to consent to it.

Rights of Reply

The representative of Sudan, speaking in right of reply, said that Christian Solidarity International (CSI) had again shown its true motives and betrayed its crusade against the Sudanese Government by stigmatizing Sudan in the Commission. There was no doubt that it would continue to do so, whatever the agenda item under discussion. The CSI was manipulating the media and the international community. It had created a market for child slavery, and had remained silent in the face of cold-blooded murder. This showed its lack of regard for human rights and the truth. The day would come when the truth would prevail.

The representative of Malaysia, speaking in right of reply, referred to allegations by a non-governmental organization that the authorities in his country ill-treated opponents and that there was police brutality against both Malaysians and foreigners. These allegations were far from the truth and were baseless and totally unfounded. The allegations had been made to mislead the international community by hiding the factual truth of the matter. Malaysia was a democratic country with legal instruments to ensure peace and stability. Therefore, those who violated the laws and participated in illegal and violent street demonstrations undermined and challenged the authorities in an undemocratic manner which could not be tolerated. Measures were taken to stop such demonstrations. On the issue of police brutality, the Malaysian Government was very transparent. Allegations of ill-treatment, harassment or intimidation of human rights defenders were not true. Finally, there was no truth to the allegation made by the same non-governmental organization that human rights defenders of ethnic Chinese origin had been ill-treated or harassed by Malaysian authorities.

The representative of Iraq, speaking in right of reply, said he was responding to allegations by a non-governmental organization that was known for its hostility to Arabs and Muslims. In the war between Iraq and Iran, the NGO accused the Commission of not finding Iraq responsible for the fighting. This confirmed its hostility. If the NGO was concerned about the Kurdish people, it should call for an end to the economic embargo that had hurt all people, including minorities. The purpose of the NGO was simply provocation and nothing else.

Statements

RODOLFO REYES RODRIGUEZ (Cuba) said his country agreed with the important work of the Commission but wanted to point to some trends which were concerning. Constructive frank dialogue was the only way to make progress and to respect the right of Member States to participate. The committees were created by the treaties and they existed only to fulfill their set mandates given to them by State parties. There was a need to avoid some of the trends which had emerged to expand the basis of those committees beyond their present, agreed foundation. There needed to be a clear formula that ensured equitable representation on the committees according to geographic and other social, political and economic and judicial factors. The over participation of the western European members was concerning.

Mr. Rodriguez said Cuba was concerned about the intention to strengthen the human rights treaty bodies and felt this was illegal. Neither treaty bodies nor human rights bodies could be amended except by the General Assembly. There had been many cases where resolutions had been subject to a vote. In the report on the special procedures and items of the Commission (E/CN.4/1999/3), paragraphs 13 and 14 were of concern to Cuba since they allowed personal interference of the Office of the High Commissioner for Human Rights in the substantive discharge of the mandates of the Commission and of the cited mechanisms to the detriment of Cuba's independence. On the other hand, paragraphs 19, 20, 21 and 22 had totally disregarded the subordinate character of the mechanisms in question to the work of the intergovernmental organs in relation to human rights. The recommendations and conclusions presented by the mechanisms of human right could only have relevance for the corresponding components of the United Nations system when they had been approved by the High Commissioner, the Economic and Social Council or the General Assembly.

JERZY CIECHANSKI (Poland) said the time had come for a reform of the United Nations human rights regime's verification mechanisms. Norms partially overlapped and monitoring procedures were partially repetitive. The level of implementation of universally recognized human rights standards was far from satisfactory. The United Nations human rights regime should be made more transparent, its reporting procedures streamlined, and its treaty bodies consolidated. The treaty bodies should not be burdened with new functions, and proliferation of new verification mechanisms should be looked upon with utmost caution. A system of individual communications would be useful only if it were able to produce speedy decisions, and if those decisions were effectively implemented.

Mr. Ciechanski said States obligations with respect to economic, social and cultural rights were different from those with respect to civil and political rights. No procedure of individual communications concerning economic, social and cultural rights could be adopted without prior precise definition by the respective Committee on Civil and Political Rights of the conditions of fulfilment of obligations under the treaty. It was quite proper to think about streamlining rather than expanding the reporting duties of State Parties under the regime. A number of interesting ideas as to how to improve the reporting mechanisms had already emerged. Also, the idea of consolidation of the existing treaty bodies deserved careful examination by the Commission. Functions should be consolidated in a single treaty body. This would create a momentum for the consolidation of reports of States on their implementation of the treaties to which they were parties.

MAHON HAYES (Ireland) said national institutions were a very important concept for the promotion and protection of human rights. The British and Irish Governments had agreed to the establishment of new human rights commissions in both jurisdictions on the island of Ireland. The new human rights commissions would be among the most advanced of their kind in Western Europe. Of course, there was awareness that institutions like these could not be expected to address all human rights issues that were preoccupying governments and the international community. Nor were such bodies intended to replace the human rights organs of the United Nations or non-governmental organizations working in the field.

Mr. Hayes said there were some who saw no good reason for establishing special machinery devoted to the promotion and protection of human rights. They argued that such bodies were not a wise use of scarce resources and that an independent judiciary and democratically elected parliament were sufficient to ensure that human rights abuses did not occur. Sadly, history had taught differently. An institution which was in some way separated from the responsibilities of executive governance and judicial administration was in a position to take a leading role in the field of human rights. By maintaining a real and perceived distance from governments of the day, such bodies could have made a unique contribution to countries' efforts to protect citizens and develop a culture of respect for human rights and fundamental freedoms.

Mr. Hayes said Ireland was well aware of the priority the High Commissioner for Human Rights had accorded the establishment of national institutions. Indeed, the Government had worked closely with her Office in preparation of setting up the Irish commission. The Office, along with the Commission, represented one of the most promising strategies for promoting tolerance and a climate of respect for individual differences.

CHRISTIAN STROHAL (Austria) said the importance of the treaties was fundamental. It was essential to achieve the objective and ensure the global dimension and universal ratification of these treaties. There had been work to improve the treaty bodies and Austria welcomed the continuation of these efforts in as focused a manner as possible. However, there were further improvements necessary, including the need for States to fulfil their obligations and ratify the treaties, implement their provisions and present reports on this implementation. Serious problems also existed in the implementation and reporting areas. The late presentation of reports by State Members was a problem, along with the serious backlogs in their review subsequent to their presentation. There was a need to focus and streamline the treaty bodies concerned. Much had been accomplished in the area of working methods. But Austria encouraged members to cooperate not only regarding the methods but also the substance.

Mr. Strohal said Austria was concerned with the slow rate of follow-up and implementation of the recommendations of the treaty bodies at the national level. Treaty bodies needed to be informed regarding measures to be taken and followed up by all relevant agencies of the United Nations with governments.

HASNUDIN HAMZAH (Malaysia) said that democracy was superior to all other forms of social organizations, as it was essentially, subject to certain conditions, self-correcting. Another key element needed for any democratic system was the existence of functioning democratic institutions. These included a vigorous and responsible civil society, an independent judiciary, a just legislative body, and an effective executive. However, these were not sufficient alone. There had to be other institutions, including an impartial and efficient bureaucracy, an independent elections commission, a credible method of auditing the national purse, an institution to investigate allegations of corruption, and to the extent possible, a national commission on human rights.

Mr. Hamzah said Malaysia had established a national commission on human rights. As a recent convert to the cause of national institutions, and as a country that believed that technical cooperation and national capacity building represented the best way of promoting and protecting human rights at the grass roots level, it believed that more contributions were needed, and that in principal, countries should, to the extent possible, have their contributions unearmarked. Within the United Nations organization, as with other machineries and systems, all the constituent parts should bear in mind their role within the overall context, and the need to exist in a framework of cooperation and harmony. Only then would the necessary framework that kept democracy's excesses in check be established.

IAN HILL (New Zealand), on behalf of Australia and Canada, said there were six core human rights treaties. In addition to their central role in elaborating and monitoring human rights standards, the treaty bodies increasingly provided technical support for the protection and promotion of treaty-based rights, and thus contributed to the pool of knowledge and expertise in this area.

Mr. Hill said a recent report highlighted the difficulties that the system currently faced. These difficulties were acknowledged, and there must be support to consider measures to address them. Indeed, unless these problems were addressed, there was a danger that the treaty bodies would not be able to give adequate or thorough attention to States' reports or individual communications, and their credibility would suffer. In light of the recent performance of some of the committees, this should be a matter of priority. Further, there was awareness that the existing system placed onerous burdens on both governments and the Secretariat, and that was not sustainable in the long-term. Governments should take a look at what could be done to remedy the situation.

Mr. Hill said his Government looked forward to the study and review of the human rights treaty system that had been recently commissioned by the High Commissioner for Human Rights.

OKSANA BOYKO (Ukraine) said the Secretary-General, through the Office of the High Commissioner for Human Rights, could play a more active role with regard to massive human rights violations and could bring such violations to the attention of the Security Council as matters which threatened international peace and security. Ukraine advocated that preventive measures should be at the heart of human rights activities. There was an absence of proper coordination activities in regional cooperation and within the framework of the United Nations. There was a need for a more structured relationship between the Office of the High Commissioner for Human Rights and the European Council. Ukraine had recently withdrawn its reservations to article 20 of the Convention against Torture and other Cruel, Inhuman or Degrading Treatment.

TEIMURAZ BAKRADZE (Georgia) said the field of protection of human rights in Georgia was expanding, as were national institutions for the promotion and protection of human rights. The protection of human rights and freedoms was supervised by the Public Defender, who had full independence and wide powers. Another institution working in the field of human rights was the Department on Human Rights Issues of the Office of the National Security Council of Georgia, which exercised control over the implementation of orders and decrees of the President of Georgia on human rights issues, controlled the protection of human rights in law enforcement institutions, executive bodies and military forces, and revealed the cases of violations of human rights on a base of appeals and complaints, as well as the initiative of the office.

Mr. Bakradze said a Committee for Human Rights and Ethnic Minorities had also been established. The process of returning refugees and internally displaced persons remained an issue of utmost urgency. It was believed that the adoption of the draft resolution on housing and property restitution in the context of the return of refugees and internally displaced persons would contribute to the development of an effective system for the return of refugees and internally displaced persons to places of their origin.

RHADYS ABREU DE PALANCO (the Dominican Republic) said the President of the Dominican Republic had held meetings to publicize the international human rights instruments. The Universal Declaration on Human Rights had been distributed in school and universities to promote it and ensure that there was universal awareness of it. One great Dominican Republic national, who had had to live much of his life abroad, had said a culture of justice needed to be a pre-requisite for peace.

Mr. Palanco said that in the national schools, there was a programme set up so human rights were taught, including 10 hours of human rights lessons. Prosecutors also had to undergo human rights education continually. In January 1998, a programme was set up to offer the most vulnerable people, like people in prisons and institutions, free assistance. Some 300 persons benefited from this instruction. Likewise, the Dominican Republic had created an assistance centre for children with the aim of providing alternatives for young people.

BRANKO SOCANEC (Croatia) said it had created a legal framework which included mechanisms and instruments for the protection of human rights. Special attention had been devoted to the protection of the rights of children and the implementation of social child care, pursuant to which the Government of Croatia had established a national committee for the preparation of the National Child Care Programme. It had also devoted attention to the social position of women and had established a Commission for equality issues. Croatia had established the Coordinating Body for Internal Policy and Human Rights as the principal body concerned with human rights. Croatia had cooperated with the Council of Europe and the Working Group for reviewing constitutional law, and was creating conditions for national minorities in the country to exercise their right to develop their cultural, educational and other characteristics. It had also established a Council of national Minorities. Much remained to be done, but Croatia had taken the first steps in the achievement of the high standards of developed democracies.

PETER HEYWARD (Australia) said that the body of international human rights laws was in place but needed to be further implemented. These laws were among the most effective instruments for States to protect the rights of their citizens. The international community had agreed on guidelines on the effectiveness of these instruments. These should be adequately funded. They were one of the vital building blocks for the creation of national institutions for the protection of human rights.

Mr. Heyward said the issue at question had been on the agenda for some time. National institutions had a particular role to play regarding this issue, and should have their own place at the Commission. Independent and plural national institutions should be allowed to continue to grow around the world.

MARINA SIKORA, of the Transnational Radical Party, said the organization came to the Commission every year, delivered its speeches, circulated its statements, and voiced its concerns, but was this effective? The credibility that this Commission had gained throughout the years was a power resource which should be taken advantage of. There were simple decisions that the Commission could have already made to enhance its effectiveness without necessarily triggering a complex and more comprehensive set of institutional reforms. These would have been simple decisions, but courageous and revolutionary ones. One of these was about information as the right to information was a key element in the field of human rights and civil liberties, and it was of paramount importance when the information concerned human rights.

Ms. Sikora said the Commission could start this process and set the path for other United Nations bodies and transnational institutions, revolutionizing the world-wide support for the preservation of freedom and the rule of law, which were the founding principles of the Organization. Individuals should be made accountable. Genocide did not just happen, it was not, as many would like to believe, the result of ancient rivalries. Genocide was the result of a deliberate decision to gain power, or stay in power, for the sake of power itself. This had been proven again and again before the international ad hoc tribunals. And when the planners and instigators of genocide remained in power, like in the case of Slobodan Milosevic, they were able to defy the international community and institutions by hindering their work, denying access to investigators, and continuing their policies of repression and violation of the most fundamental rights.

RENE WADLOW, of the Association for World Education, addressed the issue of the adaptation and strengthening of the United Nations machinery for human rights by taking a longer view and stressing the need to integrate the rules and mechanisms of control of humanitarian law and human rights machinery within the broader framework of world law.

Mr. Wadlow said the conflict in Kosovo made these issues of crucial importance. The body of laws applicable to the conflict was presented. Humanitarian laws, human rights laws and world laws were evolving in an attempt to respond to new types of situations, such as that of Kosovo which was neither just an internal armed conflict, nor a United Nations sanctioned peace restoration action, nor a declared inter-State War. There was a need to articulate clearly the relationship between the type of law applicable, the monitoring bodies, the terms of remedies for victims, and the penalties for the perpetrators of violations.

JOANNA WESCHLER, of Human Rights Watch, said that the effective functioning of United Nations human rights mechanisms was essential to the advancement of human rights. The most important of these mechanisms was the Commission on Human Rights itself. However, the use of the no-action motion, in use at the Commission, promoted selectivity. It was wrong for the Commission to tolerate a situation in which a country that was powerful enough to generate a sufficient number of votes or abstentions could block the Commission from holding a debate on an issue or situation. This practice had serious consequences for the Commission and eroded its integrity and effectiveness. The Commission should reject any no-action motions regarding a whole issue that might be presented during the current session, and by doing so, it would reaffirm the important principle of non-selectivity. The Commission should also seek reinterpretation or modification of its rules of procedure so as to prevent similar misuse of this rule in the years to come.

GASPAR GLAVICH, of the American Association of Jurists, said the international community had given itself a large collection of treaties to battle human rights violations. But for a month now, a military alliance of some 20 States, assuming to act as representatives of the international community, had ignored the United Nations Charter and had started a war of aggression against a sovereign State. In Kosovo, both parties were violating human rights, but one must wonder if what the North Atlantic Treaty Organization (NATO) was doing was an effective means to an end. NATO's actions specifically violated article 51 of the Charter, which prohibited the bombardment of civilian facilities, and if this was being done intentionally, then it was a war crime.

Mr. Glavich said this situation was causing disarray in the economies of Albania and Macedonia, and disarray in the economies of many families. Racist feelings had been exacerbated. Since human rights defenders left on the eve of the attack, human rights violations had gotten worse. These ran counter to the proclaimed goals of the bombardment. NATO had made an enormous error in judgment. It was well-known that there was a need now for warfare to stop and for dialogue to be resumed. Given the paralysis in the Security Council, the General Assembly should reconvene and take up this situation.

MARGARITA UPRIMNY, of the Andean Commission of Jurists, said that in the Andean region the process of consolidation and of democracy had put into process the creation of ombudsmen and the instalation of their constitutional tribunals. The incorporation of the ombudsmen in various Andean countries had resulted in various emphasis such as in Colombia where the constitutional court was kept as a national institution to create a conscience on human rights needs. The Council of Andean Ombudsmen was created to help oversea and support these bodies.