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COMMISSION ON HUMAN RIGHTS
OPENS FIFTY-FIFTH SESSION

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22 March 1999



HR/CN/99/2
22 March 1999


High Commissioner for Human Rights Calls for Focus on
Prevention of Violations of Human Rights


High Commissioner for Human Rights Mary Robinson opened six weeks of discussion of fundamental rights and freedoms in the Commission on Human Rights this morning by calling for greater emphasis on protection and prevention in a world where armed conflicts "are so grave in their effects, and so vast in their scale, that they create a sense of powerlessness".

Opening the fifty-fifth session of the Commission, Mrs. Robinson noted that armed conflicts around the world now took place within States as well as between them, and that 90 per cent of the victims were civilians. She urged the human-rights community to advocate public reporting of massacres of civilians and other serious human-rights violations; to carry out accurate and timely investigations to dispel propaganda and rumours; to illuminate the underlying causes of conflicts and human-rights violations; to deploy human-rights monitors when necessary; and to strengthen the establishment of national institutions to protect and promote human rights.

The greatest obstacle to the work of the Special Rapporteurs often appointed by the Commission to investigate alleged serious human-rights problems was failure and even refusal of Governments to invite their visits and to act upon their recommendations, she said.

Elected Chairman of this year's Commission session was Ambassador Anne Anderson of Ireland who, in opening remarks, called on the group to focus, among other things, on development, racism, extreme poverty, rights of women, of children, of indigenous people and other vulnerable groups. She said the task over the next six weeks was to apply a clear human-rights perspective to these and related issues.

Chosen as Vice-Chairmen were Shambu Ram Simkhada of Nepal, Romans Baumanis of Latvia, and Luis Alberto Padilla Menendez of Guatemala. Raouf Catty of Tunisia was elected Rapporteur.

In handing over the gavel to Ms. Anderson, Jacob Selebi, the outgoing Chairman, told the Commission a highlight of his term was the special award presented to human-rights defenders who had sacrificed their lives in the struggle for the common good of humanity. They had been honoured with a memorial plaque unveiled at United Nations Headquarters in New York. He noted that the Commission last year had appointed independent experts on the right to development, the right to education, the rights of those living in extreme poverty, and the effects on human rights of structural-adjustment policies.

The new bureau of the Commission was scheduled to meet Monday afternoon; the Commission will reconvene in plenary at 10 a.m. Tuesday, 23 March, to review its methods of work.

Statements

JACOB S. SELEBI, (South Africa), Chairman of the fifty-fourth session of the Commission on Human Rights, reviewed the progress made in the past session: the absolute priority given to the human rights of women and children and the role played by the Bureau of the Commission on the right to development, the right to education, and rights of those living in extreme poverty. Independent experts had been appointed in these areas last year, as well as to study the effects on human rights of structural adjustment policies. In addition, a Special Rapporteur on Afghanistan was appointed.

Mr. Selebi said a highlight of his role as Chairman was the special award presented to human-rights defenders who had sacrificed their lives in the struggle for the common good of humanity. They had been honoured with a memorial plaque unveiled at United Nations Headquarters in New York.

The outgoing Chairman called for more effort to increase contributions to important voluntary funds such as those for preventing racism and torture. He praised the recent decision by United Nations Secretary-General Kofi Annan to divert additional resources towards the activities of the Office of the High Commissioner for Human Rights.

Mr. Selebi said the review by the Bureau of Commission mechanisms concluded with a number of observations, proposals and recommendations aimed at enhancing the effectiveness of those mechanisms. The conclusions and recommendations contained in report (E/CN.4/1999/104) were inspired by a simple guiding principle: to enhance the capacity of the United Nations to promote and protect internationally recognized human rights and to contribute to the prevention of their violation.

He hoped that the discussion of this review would not overshadow more important pending issues, including the consideration of the Commission's response to the most egregious violations of human rights witnessed over the past year ranging from discrimination to the denial of fundamental rights and intolerance; the consideration of the role the Commission could and should play in preventing conflict; and the improving of fact-finding and monitoring to enable the international community to dispel propaganda and "hate-speech."

MARY ROBINSON, United Nations High Commissioner for Human Rights, said protection and prevention must define the Commission's work in the years to come; today's armed conflicts were so grave in their effects, and so vast in their scale, that they created a sense of powerlessness. Today conflicts took place within States as well as between them, and 90 per cent of the victims were civilians -- unarmed children, women and men, the elderly, the sick, and refugees.

She had been among those supporting creation of an International Criminal Court, Mrs. Robinson said; the debate over the court had coincided with atrocities committed by rebel forces in Sierra Leone, who had carried out a terror campaign involving systematic laceration, mutilation, and severing of limbs of non-combatants -- victims not only were men but women, children, and infants; it was clear that there was a need for such a court and the decision to establish the institution represented a commitment by Governments to end past cycles of impunity and to establish individual criminal responsibility. She urged States to ratify the Rome Statute so that the Court could begin its job.

The first need today was not that new mechanisms and laws be put in place but that what already existed be implemented, the High Commissioner said. The Commission needed to evolve its role to support that approach, and must adjust mechanisms that already did much to address prevention, protection, and reconstruction. In Kosovo, discrimination against Albanians after 1990 had been monitored with precision and impartiality by the Commission's Special Rapporteur and then by the High Commissioner's first field offices; this approach was a valuable form of early warning. In general, Mrs. Robinson said, the human-rights community should advocate public reporting of massacres of civilians and other serious human-rights violations; carry out accurate and timely investigations to dispel propaganda and rumours; illuminate the underlying causes of conflicts and human-rights violations; deploy human-rights monitors when necessary; and strengthen the establishment of national institutions and protect and promote human rights in the post-conflict phase.

The Commission could play a useful role by enhancing its early warning capabilities, the High Commissioner said; Special Rapporteurs should focus on this responsibility and the Commission and High Commissioner should dedicate themselves to responding quickly and effectively to such warnings. The greatest obstacle to the work of Special Rapporteurs was failure and even refusal of Governments to invite their visits and to act upon their recommendations. Regional activities, such as the forthcoming Ministerial Meeting of the Organization of African Unity on human rights, could help the cause immeasurably, she said, and larger events, such as the upcoming World Conference on Racism, could play a major preventive role. One of the Commission's most significant recent achievements was the Declaration of the Rights of Human Rights Defenders, adopted by the General Assembly on 9 December; it would help those who fought for human rights to do so with greater conviction and safety.

ANNE ANDERSON, (Ireland), Chairperson of the fifty-fifth session of the Commission, said her country Ireland, like so many countries represented here, had learned the long and hard way how much human rights mattered; how political and economic rights were interwoven, and how domestic action could be reinforced by international solidarity.

Women in countless numbers around the world were victims of human rights abuses, and legions of women in every continent were among the staunchest of human-rights defenders, Ms. Anderson said. Women had not been sufficiently visible on the podium of this Commission, it was time to change that.

Last year's session had a particular significance in that it marked the fiftieth anniversary of the Universal Declaration of Human Rights. The challenge facing this session was to demonstrate that Member States meant what they said in their eloquent speeches of last year, that they were serious about their renewed commitment to the Universal Declaration and their strengthened sense of purpose. This was the year of follow-through, Ms. Anderson added.

She said the agenda was a comprehensive one, embracing many of the fundamental issues confronting society at the close of the twentieth century: development, racism, extreme poverty, rights of women, of children, of indigenous people and other vulnerable groups. The task was to apply a clear human-rights perspective to these issues, working in a steadfast way to strengthen the protection and promotion of the full range of rights.

Ms. Andersen said as people arrived at the Palais des Nations each day, most would pass the Red Cross Museum across the road. There was a starkly simple quotation from Dostoevsky: "Chacun est responsable de tout devant tous". Recognising that responsibility was the starting point for this year's work.
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