COMMISSION ON HUMAN RIGHTS OPENS FIFTY-EIGHTH SESSION

Commission on Human Rights
58th session
18 March 2002
Morning



Hears Address from High Commissioner for Human Rights;
Elects Krzysztof Jakubowski of Poland as Chairman


The Commission on Human Rights opened its fifty-eighth session this morning, hearing from High Commissioner for Human Rights Mary Robinson who said that this would be the last year she would address the Commission as High Commissioner as in March of last year the Secretary-General had prevailed upon her to extend her term of office for a year.
The High Commissioner reviewed events of the past year, including the international consequences of the 11 September terrorist attacks in the United States. She emphasized that terrorism had to be responded to not only with legislative and security measures but with the armoury of common values, common standards and common commitments on universal rights that defined one global community and which enabled its members to reach beyond their differences. At a time when there was a sharp rise of Islamophobia, anti-Arab and anti-Semitic expression, the Plans of Action from the World Conference against Racism and last year's United Nations Year of Dialogue among Civilizations needed to be implemented fully by all States.
On the situation in the Middle East, Mrs. Robinson said Palestinians continued to be subjected to a wide range of human rights violations related to the ongoing occupation and Israel also continued to suffer from deliberate killings of civilians. Mrs. Robinson re-iterated her call for the international observers to be present on the ground as a deterrent to the violations of human rights in the occupied Palestinian territories and also to promote human security against suicide and other attacks on Israeli civilians.
Krzysztof Jakubowski of Poland, the newly elected Chairman of the Commission, said in an opening statement that in challenging times, human rights were the foundation of peace, justice and development. No one could deny that these were challenging times. Modernization of the Commission, in the broadest sense of the word, was essential, and an improvement was needed in order for the Commission to become more effective. He invited the Commission to reflect on what could be done to improve its efficiency so that human rights programmes could perform better everywhere.
Leandro Despouy of Argentina, outgoing Chairman of the Conference, said many had expected that the Commission session beginning today would be a difficult one, but no one could have foreseen such a turbulent world situation as witnessed today. He described his activities and those of the Commission's Bureau over the past year in their efforts to keep up with events. Fighting terrorism was a continuing challenge, Mr. Despouy said. Ways had to be found to do so without flouting the human rights of the innocent, even as Governments sought to stop those who carried out acts that threatened the same innocent people.
Elected Vice-Chairpersons of the Commission were Walter Lewalter of Germany; Sipho George Nene of South Africa; and Toufik Salloum of the Syrian Arab Republic. Chosed as Rapporteur for the session was Frederico Duque Estrada Meyer of Brazil.
The Commission also adopted its agenda for the session. The six-week series of meetings will conclude on 26 April.
The Commission will reconvene at 10 a.m. on Tuesday, 19 March to consider the organization of its work, the report of the United Nations High Commissioner for Human Rights, and follow-up to the World Conference on Human Rights.

Statements
LEANDRO DESPOUY, outgoing Chairman of the Commission on Human Rights, said many had expected that the Commission session beginning today would be a difficult one, but no one could have foreseen such a turbulent world situation as witnessed today. There had been many meetings of the Bureau of the Commission over the months since adjournment of the fifty-seventh session; in fact the Bureau's intersessional duties had expanded in recent years to the point where they amounted to ongoing work, a reality that now had to be recognized and formally planned for.
Mr. Despouy said the world was changing all the time; last year, even as the Commission met, the Taliban of Afghanistan, who were not listening to the Commission's pleas, had bombed and destroyed Buddhist statues widely considered to be among the common cultural heritage of all mankind. Problems in the Middle East had continued unabated, and in fact had intensified over the past 12 months. Three days after the conclusion of the Durban World Conference against Racism, a complex and audacious United Nations-led international exercise into difficult and pressing issues, the world had been stunned and distressed to see the most spectacular terrorist attack ever carried out, against the World Trade Centre in New York City. There had followed the war in Afghanistan.
Other difficulties -- the use of children in armed conflict, internecine and religious violence, the spectacular collapse of the Argentine economy, which had had numerous ramifications for human rights in that part of the world -- had to be faced and dealt with. The issues of globalization, of balancing free-market trade issues with human-rights concerns, were very much on the world's agenda. And there were matters of strengthening democracy and battling against poverty around the world, for poverty was a confirmed enemy of human rights. The Chairman said that fighting terrorism was a continuing challenge; ways had to be found to do so that did not flout the human rights of the innocent even as Governments sought to stop those who carried out acts that threatened the same innocent people.
Among positive developments over the past year were the continuing ratifications of the Rome Statute for establishing an international criminal court, so that only eight more were needed for the statute to enter into force, and the recent vote by Switzerland in favour of joining the United Nations, Mr. Despouy said.
Although he had carried out a rewarding mission to East Timor over the past year, Mr. Despouy said, he had been unable, because of the emergency situation in his own country and the financial limitations of the United Nations, to follow up on invitations to visit the Republic of Chechnya of the Russian Federation and Colombia.
MARY ROBINSON, United Nations High Commissioner for Human Rights, underlined that the Commission was a forum at which the most comprehensive debate on the state of human rights in the world was pursued. This would be the last year she would address the Commission as High Commissioner, as in March of last year the Secretary-General had prevailed upon her to extend her term of office for a year. When she had agreed, the High Commissioner said she could never have imagined how the events of 11 September, which she characterized as a crime against humanity, would have a profound impact on the work of her Office. It had been a period which challenged everyone and which highlighted once again the importance of having a strong and independent Office with a principled commitment to the universal application of human rights standards, and with the integrity to stand up and speak publicly about those issues in all States, even in the most difficult circumstances. Mrs. Robinson said she was very proud of the team of colleagues she led and would be proud to leave to her successor an Office that had developed a high standard of professionalism and a clear and vital role in the United Nations human rights programme.
The events of 11 September were not only of monumental consequence for the people of the United States and the victims who came from over 80 countries, they were an attack against the very system of international relations on which the Commission and the entire work of the United Nations was based, said Mrs. Robinson. The international human rights standards were at some risk of being undermined and there was a particular responsibility on this Commission to defend them vigorously. It was important in the aftermath of 11 September that the Security Council had acted firmly by adopting resolution 1373 and established a new mechanism, the Counter Terrorism Committee, both to oversee its implementation and to continue effective measures at the international level to counter terrorism. Mrs. Robinson invited the members of the Commission to consider whether it would be possible to establish a mechanism to monitor the implementation of resolution 1373 from a human rights perspective, and she offered the full support of her Office in this regard. She emphasized that terrorism had to be responded to not only with legislative and security measures but with the armoury of common values, common standards and common commitments on universal rights that defined one global community and which enabled its members to reach beyond their differences.
At a time when there was a sharp rise of Islamophobia, anti-Arab and anti-Semitic expression, the Plans of Action from the World Conference against Racism and last year's United Nations Year of Dialogue among Civilizations needed to be implemented fully by all States, said the High Commissioner. After years of war and darkness, Afghanistan, which stood at a crossroad, wanted to return to a time without abuse by its own leaders, the ability to choose its own destiny without foreign interference, and restoration of its place in the family of nations. The first Afghan national workshop on human rights had been convened in Kabul. Mrs. Robinson underlined the fact that Chairman Karzai took a significant step by announcing his commitment to establishing a truth commission for Afghanistan. He had indicated that the Commission should uncover the atrocities committed over two decades of war and seek accountability for perpetrators of past abuses of human rights. The responsibility to restore human security lay with the Interim Administration and there was a need for an immediate de-commissioning of weapons, but until the Interim Administration became effective in protecting the people of Afghanistan, Mrs Robinson believed that the extension of the mandate of the International Force beyond Kabul was imperative.
Turning to the dialogue she had engaged over the last two years with the Russian authorities on the situation of human rights in the Republic of Chechnya, Mrs. Robinson said that the authorities had provided her with detailed information on investigation and prosecution of cases of alleged crimes committed among others by the military against civilians. While the small number of convictions was not yet commensurate with the scale of the allegations of serious human rights abuses, it was to be noted that there was a movement in a positive direction in this area, but continued and major efforts were needed. The High Commissioner said she was deeply concerned about the reports she continuously received of serious abuses on both sides of this conflict, and she indicated it was time to stop the cycle of violence.
Mrs. Robinson said she had had short but constructive visits to Egypt, Bahrain and Lebanon and while in the region, discussions also focused on the tragic cycle of violence that was worsening in the occupied Palestinian territories. Regrettably, efforts of the international community, including those of the Commission on Human Rights, had not brought an end to the hostilities and Palestinians continued to be subjected to a wide range of human rights violations related to the ongoing occupation. Israel also continued to suffer from deliberate killings of civilians. Mrs. Robinson re-iterated her call for the international observers to be present on the ground as a deterrent to the violations of human rights in the occupied Palestinian territories and also to promote human security against suicide and other attacks on Israeli civilians. She underlined the negative impact of the ongoing conflict in the whole region in that it risked undermining respect for the principles and common values that her Office had struggled to build over the past 50 years.
The High Commissioner also spoke about conditions in Sierra Leone, Zimbabwe, Colombia, East Timor, Indonesia and China. She concluded by recognizing the heavy responsibility placed on the Commission to give leadership in upholding international human rights standards in a new world environment coping with threats of acts of terrorism and even an apprehension of the possibility of weapons of mass destruction being deployed.
KRZYSZTOF JAKUBOWSKI, the new Chairman of the Commission on Human Rights, said no one could deny that these were challenging times. More than ever before, it was recognized that human rights in international relations were second to none. Human rights were the foundation of peace, justice and development. Human rights in governance were crucial to the reduction of poverty, the promotion of growth and development as well as the prevention of conflicts. The significance of the Commission was demonstrated by the range of issues it discussed and the growing number of world leaders who appeared before it, and the large of delegations and paramount representatives of civil society who participated in its work. The defence and promotion of justice and rights encapsulated the mission of the Commission - and its responsibility.
Mr. Jakubowski highlighted the need for the Commission to increase cooperation and dialogue. The United Nations method was indeed the method of cooperation. The goal of dialogue was not to impose one's viewpoint. A dialogue required the recognition of the diversity of the world, and a recognition of the shared values of freedom, tolerance and respect for human rights. Without such a dialogue as a way of life, a dialogue within and between civilizations and cultures, no global prosperity could be secured, no progress could be sustained and peace could not be lasting.
Millions of people lived in poverty and want, Mr. Jakubowski said. Millions of people were victims of conflict. The plague of international terrorism threatened the fabric of the international order and created an environment conducive to violations of human rights. Millions of people were refugees or displaced persons, suffering minorities, indigenous peoples and the victims of trafficking. It was essential that human solidarity prompted the Commission to act.
Modernization of the Commission, in the broadest sense of the word, was essential, the Chairman said. An improvement was needed in order for the Commission to become more effective. He invited the Commission to reflect on what could be done to improve its efficiency so that human rights programmes could perform better everywhere. The quest for modernization was an essential one. However, the Commission must always seek to act with respect for the principle of legality. This meant respect for the principles of international law and Commission regulations in the course of the work. This meant developing and ameliorating practices and it meant the improvement of the operational and protection doctrines of the Commission.
The implementation of the international treaties on human rights must be the bedrock of those doctrines, Mr. Jakubowski said. The treaties required States parties to introduce, within their national legal systems, arrangements for the protection and promotion of human rights that were adequate and effective. It was the responsibility of the current session of the Commission to advance the process of treaty implementation and pursue practical avenues to exchange experiences and good practices.
Finally, Mr. Jakubowski said that for years the Commission had witnessed a situation in which public attention and media coverage had focused primarily or even almost exclusively on difficult deliberations on country resolutions. This was understandable, he said, the Commission must deal with violations of human rights. However, if one looked at the agenda, there were many urgent problems facing societies today: extreme poverty, rights of women, children, vulnerable groups, and development. He urged the Commission to pay due attention to thematic issues to enable the protection, strengthening and promotion of the entire spectrum of human rights.



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