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18 April 2000
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HR/CN/00/53
18 April 2000
NATIONAL INSTITUTIONS FOR HUMAN RIGHTS DESCRIBE ACTIVITIES
Commission Continues Debate on Effective Functioning
of Human Rights Mechanisms
A series of national institutions for human rights described their powers and functions this evening as the Commission on Human Rights carried on with its annual review of "effective functioning of human rights mechanisms".
Along with national institutions, this Commission agenda item covers the topics of human-rights treaty bodies and the adaptation and strengthening of United Nations machinery for human rights.
Addressing the meeting were representatives of national human-rights commissions, councils, or Ombudsmen of Morocco, Colombia, India, Cameroon, Algeria, Denmark, Mexico, Rwanda, France, Bahrain, South Africa, Nigeria, Australia, New Zealand, the Philippines, Canada, Uganda, Sweden, Malawi, Togo, and Italy.
Establishment of such institutions has been encouraged by the Commission, and a series of recommendations entitled the Paris Principles calls for them to be independent of Government influence, sufficiently funded to carry out their work, and powerful enough to investigate effectively and to spur changes in the human-rights situations and practices of their countries. Debate touches every year on the extent to which the Paris Principles are reflected in the actual functioning of national institutions.
Along with the enumeration of the activities and responsibilities of these agencies came occasional pleas for help. The representative of the Office of the Ombudsman of Colombia did not dwell on the operations of the Office but said the long-running internal conflict in the country was taking a mounting toll on innocent civilians and called for the Commission on Human Rights to provide additional technical advice to the Government and for all parties to the conflict to end violence against non-combatants. The representative of the Rwandan National Commission for Human Rights said further international aid was needed to help the country recover from the complex and deep emotional damage left by the 1994 genocide in the country.
Also speaking were the Asia-Pacific Forum of National Human Rights Institutions, the Northern Ireland Human Rights Commission, and a representative of the United Kingdom.
The Commission will reconvene at 10 a.m. Wednesday, 19 April.
Statements
DRISS DAHAK, of the Consultative Council for Human Rights of the Kingdom of Morocco, said it was impossible to summarize the role of the Council during its brief existence. However, much work had been undertaken with respect to prisoners of conscience and blood crimes. The Consultative Council ensured that people could have their cases considered in accordance with human-rights regulations, and the Council promoted closer cooperation between national and international non-governmental organizations on regional and international levels.
Last year the Council had already addressed the problems of those who had suffered arbitrary detention. Before his death, the late King had arranged for the setting up of an arbitration group to work with the Consultative Council. This group had worked extensively on provisional indemnities and had received and implemented numerous activities with the support of the arbitration court. The group was particularly concerned with fundamental human-rights issues. The work had been very successful due to the contribution of national organizations on human rights. The close cooperation had led to the important Rabat Declaration. The Commission should engage in further promotion of human rights in cooperation with national institutions.
JOSE CASTRO CAYCEDO, of the Office of the Ombudsman of Colombia, said that despite efforts to find arrangements that would keep people from killing each other, serious violence continued in the country. The Ombudsman of Colombia appealed to the Commission to provide help to the country and for all parties to the conflict to improve their respect for human rights. People were still targeted in the violence, were still caught in the crossfire. Escalation of the conflict had occurred despite various agreements signed heretofore by the Government, children were being enlisted in the armed factions, and negotiations, once a source of hope, had bogged down. Barbarous acts committed against the population had increased.
Violence in Colombia was financed by drug trafficking. Most Colombians wanted a political solution, but without response from those doing the fighting. Kidnappings and murders continued. Over 270,000 Colombians had been displaced. There had been torture and violation of economic rights and the right to education. The Office of the Ombudsman had made over 100 recommendations to the Government, but little had been done by the Government in response.
J. S. VERMA, of the National Human Rights Commission of India, said the daily battle for human rights had to be fought on the national, regional and global levels. Through cooperation much could be done to promote human rights. There was a great level of complementarity in human-rights work on all levels. Participation of national institutions in this forum was important, as had been proved in the South Asia Pacific meeting in Manila which had led to fruitful debate and discussion. There had been an increase in the cooperation of national institutions both at the regional and international levels, and it was important that such trends continue.
The Indian Human Rights Commission was growing in influence; in recent years 50,000 complaints had been filed with the Commission. The main concerns of the Commission were the challenge of protecting human rights in the face of terrorism, the prevention of violence, the reform of prisons and other correctional facilities and the assurance of rights for the mentally ill. Special focus had also been put on assuring compulsory and free education until the age of 14 and protecting the rights of women, children, Dalits and the disabled. Focusing on everything that affected human dignity was the concern of the Indian Commission.
SOLOMON NFOR GWEI, of the National Commission on Human Rights and Freedoms of Cameroon, said the National Commission believed in the indivisibility of all human rights and felt it must build up its consultative role to the Government and cultivate and maintain cooperation that would be beneficial and enable it and cooperating partners, such as NGOs, to perform more effectively. Torture was the most challenging violation it had confronted; most often it was the downtrodden of society who were subjected to torture by individual, misguided, and often-irresponsible Government agents and even some traditional rulers. The National Commission was using impromptu inspections of detention centres and prisons to deter and discourage perpetrators of arbitrary arrests, detention and torture, and was carrying out seminars and workshops for law-enforcement personnel on torture prevention.
The National Commission also focused on the rights of women, children and the most vulnerable; battled corruption; carried out educational programmes on human rights; and worked with NGOs. It was in the midst of a reorganization to include within the National Commission relevant sectors of society that were not included initially.
K. REZAG-BARA, of the National Observatory of Human Rights of Algeria, said the institution had been carrying out numerous activities. The national human rights machinery had been strengthened through the stabilization of democratic institutions. Pluralist democratic elections had been organized. The institution had helped monitor the Algerian elections. As soon as the President had taken office he had engaged in activities to strengthen institutional instruments for democratization and pluralism through the promotion of the freedom of expression.
In a popular referendum, a bill on civil concord had been adopted which made it possible for a considerable number of people to benefit from having court cases against them dropped or reduced, except for people having carried out mass executions. Regular jurisdiction and instruments had been strengthened through the implementation of dual jurisdiction. The State as a whole respected the law. Legal instruments under judicial spheres had been subject to global reforms. Prisons were now visited by international observers who made recommendations on how to improve conditions. Many measures had been taken to make the authorities ensure civil concord and healing.
MORTON KJAERUM, of the Danish Centre for Human Rights, said the Centre welcomed the general comment of the Committee on Economic, Social and Cultural Rights on the role of national institutions in promoting and ensuring the indivisibility of all human rights; the comment underlined a number of steps national institutions could take in relation to economic, social and cultural rights. The Danish Centre was undertaking not only analytical, research and educational activities in this area but also other activities such as scrutinizing existing laws, draft bills, and administrative proposals. Such rights enjoyed much weaker protection in Denmark, despite the fact that Denmark was a rich country. Last year the Centre had focused on legislation concerning the use of coercive measures towards elderly people with special needs and towards families which were unable to take proper care of their children. It had complained last year that an integration measure was discriminatory against refugees, and the legislation had since been changed.
Regional and international networks of national institutions, and meetings among them, were helpful in terms of developing a common understanding and approach to difficult issues, such as the interrelation and indivisibility of human rights.
JOSE LUIS SOBERANES, of the National Human Rights Commission of Mexico, said the Commission had undergone substantial changes and had received recognition of its independence and autonomy through a reform of the Mexican Constitution. The legitimacy of the Commission was now strengthened as it reported to a plural body and had full budgetary autonomy. This made the institution an institution of the State but not one of the Government. Work had been undertaken on the follow-up of the Paris principles. The National Commission had based its autonomy on promotion, mediation and protection. The National Commission had closely followed the human-rights situation during the university strikes and in the region of Chiapas. A worrying trend had been that of increasing religious fundamentalism.
The National Commission was producing a document to draw the attention of the next Government to the human rights problems of Mexico and was in the process of preparing a number of indicators to determine progress in the fight for human rights. Contact had been established with many NGOs. The Commission on Human Rights was called upon to begin a serious discussion of the participation of national institutions in its work.
GASANA NDOBA, of the Rwandan National Commission for Human Rights, said the institution was independent and had been developed on the lines of the Paris Principles. The Government of Rwanda had provided satisfactory cooperation and budgetary support; the interest of the Commission on Human Rights also was appreciated, as was cooperation from the Office of the High Commissioner for Human Rights, as were donations from a number of bilateral and multilateral donors, who had helped to pay for a number of projects. The National Commission was guaranteed independence under the Constitution. In 1999, in its first seven months of activity, it had focused on the training of its seven members, who had all participated at the international meeting of national commissions at Strasbourg, and at a roundtable in Kigali; it had received several dozen written and oral requests from the population; and it had considered a limited number of complaints, with other investigations scheduled.
The context in the country deserved consideration -- the 1994 genocide had left a situation of exceptional complexity, and help from the international community was needed to aid a very damaged society in healing itself, and to help with compensation of victims.
PIERRE TRUCHE, of the Consultative Commission on Human Rights of France, said a national commission on human rights should always bear in mind the international dimension of problems. The French Commission on Human Rights welcomed the 1998 adoption of the treaty creating an International Criminal Court. The status of the court was not perfect and it was regrettable that it had taken seven years to empower it to consider war crimes. There was a long way to go before the treaty establishing the court was ratified by 60 countries. France had had to change its Constitution before it could ratify the treaty. National Commissions were empowered to insist that all Governments ratify the treaty. The permanent members of the Security Council should also commit themselves to the Court.
Too many crimes had been and were still being perpetrated. Victims all over the world continued to lose their lives and to suffer violence, torture and rape. The gravity of conflict situations should not obfuscate daily situations where people were denied work, housing and leisure because of hate or indifference. Economic, social and cultural rights flew from the dignity inherent to the human being. The road to be travelled was still long. The situation called for vigilance and action by national institutions.
SAMEER RAJAB, of the Bahrain Committee of Human Rights, said human rights represented the true value of the human being. The Committee was established in 1999 and was composed of elected independent members. The Committee was not subject to control by the Shura Council or any other body. The Committee's recommendations were submitted directly to his Highness the Amir for implementation. The Committee cooperated with human-rights bodies and strengthened links with NGOs. The Committee by mandate was independent of Government control; its decisions could not be appealed, which added to the legitimacy of the implementation of its Statute.
His Highness the Amir had taken several steps for the promotion of human rights, such as a process of democratization and the unification of the Bahraini people. The Committee had been set up as to ensure participation of the population, particularly women. The policy reflected the noble principles of the State of Bahrain. The Committee had only begun its work recently. Much remained to be done, but the Committee was enthusiastic about its work for human rights and justice.
SHIRLEY MABUSELA, of the South African Human Rights Commission, said the South African Commission hoped that soon national institutions would be able to relate directly with treaty bodies; if that occurred, they could do such things as monitor compliance by reporting to those bodies, review country reports, and submit comments to relevant structures on various treaties or conventions. National institutions also could brief Special Rapporteurs when appropriate. The South African Commission looked forward to the holding in the country next year of the World Conference against Racism and in preparation had planned a national conference on racism for later this year and already had developed a framework for the conference.
The Commission had done a limited inquiry into the South African Police Services and would be developing anti-racism training for the police; its Chairperson had conducted public hearings into racism in the media; the procedure had been hailed as an initial process towards ensuring that the South African media was sensitized to symbols, idioms and actions that could be interpreted as racist by some sectors of the public. The South African Commission also was participating in the establishment of other institutions.
P. K. NWOKEDI, of the National Human Rights Commission of Nigeria, said Nigeria had returned to civil governance on 29 May 1999 following the successful democratic election and subsequent disengagement of the military from governance. Since assumption of office, the present administration had put remarkable effort into enhancing human rights. However, the military psychology with its inherent emphasis on force might take some time to overcome. The high rate of unemployment, illiteracy, and inimical cultural practices coupled with a high crime rate and civil disturbances were other problems that appeared to be impeding the effort to promoted and protect human rights in the country.
The National Human Rights Commission had had appreciable success in discharging its mandate. Over the past three years, the Commission had carried out numerous programmes of human-rights education, targeting such bodies as the police, prison officials, judges, journalists and students. It had also established collaborative working relationships with NGOs. In carrying out its monitoring and advisory role to the Government, the Commission had carried out investigations and treated many issues of human-rights violations including prison conditions, police brutality, denial of fair hearing, abuse of power, and torture. The Commission had also mapped out programmes aimed at consolidating the gains so far recorded.
ALICE TAY, of the Australian Human Rights and Equal Opportunity Commission, said the focus on national institutions was complemented by the important technical and advisory support which had been particularly instrumental in facilitating dialogue and institution-strengthening initiatives within the Asia-Pacific region. Independence was one of the core standards of compliance. Australia was a good example of this nexus of tension between independence and cooperation. In recent months, the independence of the national institution had been tested by the need to speak out against some aspects of Government policy and commentary, much of which concerned indigenous peoples.
The High Commissioner had noted that the international community and treaty bodies and Special Rapporteurs had been established to monitor State compliance with international treaty obligations. Australia had for some time suggested a review of the treaty bodies process. The purpose of reform should be to strengthen international protection of human rights, not undermine it. The national institution had an important role to play in providing independent, expert advice and views on the obligations required for compliance with international human-rights standards.
KIEREN FITZPATRICK, of the Asia-Pacific Forum of National Human Rights Institutions, said national commissions for human rights wanted full participation in the Commission and other UN fora. The Asia-Pacific region had seen vigorous establishment of such national institutions, beginning with New Zealand (1978). Afterward came Australia (1981), the Philippines -- the first to be created under a Constitutional provision -- in 1987, Indonesia (1993), India (1994), Sri Lanka (1997) and Fiji (1999). Steps were well under way for the establishment of institutions or improving existing institutions to ensure their compliance with the Paris Principles in Bangladesh, Iran, Malaysia, Mongolia, Nepal, Papua New Guinea, and Thailand. Also considering setting up such bodies were Cambodia and Japan.
The Asia-Pacific Forum was open to all national institutions in the region which were in compliance with the Paris Principles. The Forum sought to assist such institutions through strengthening project. It assisted Governments in establishing institutions; and it promoted cooperation for the promotion and protection of human rights. The Forum also undertook a wide range of regional activities for human rights.
CHRIS LAWRENCE, of the New Zealand Human Rights Commission, said the Commission had continued its long-standing policy of active engagement and promotion of the Paris Principles, promoting the view that the Principles were a minimum standard, not a maximum one. The new Government had embarked on a reform programme, much of which had human-rights ramifications. For example, it had introduced a Bill to reform employment laws enacted during the term of the previous Government. It had also begun a programme to address the relative socio-economic disadvantages of Maori and Pacific peoples. Furthermore, it had foreshadowed legislation to redress a lingering gender-pay gap. A public debate was also under way concerning Constitutional reforms.
Human-rights issues in New Zealand tended to be those characteristic of a democratic, peaceful, relatively prosperous nation with a strong social-democratic tradition. Yet as all indicators proved, Maori New Zealanders were disadvantaged to a substantial extent. Women still earned significantly less than men. Relative poverty was the lot of a large minority of people, most of them women, children and the elderly. There was room for the view that a country which had a strong tradition of respect for civil and political rights needed to do more to enhance economic, social and cultural rights. The Commission had prioritized this area and intended to advocate a Constitution which reflected the indivisibility of all rights.
AURORA NAVARRETE-RECINA, of the Philippines Commission of Human Rights, said the Commission had a long way to go both as a Constitutionally created office with specific mandates and as a national institution. It was confronted with basic organization problems suppressing its effectiveness. There was much to be done with little resources. There were alarming signals of violations affecting civilians, abuses and violence against children, violations against the rights of rural and urban workers, abuses against the housing rights of the poor, cases of maltreatment of prisoners and the displacement of persons and communities. Furthermore, the dominant position of Government instrumentalities such as the police and local government officials was a serious matter to deal with.
The Commission focused on advancing the primacy of human rights in the context of stewardship in governance that should permeate at all levels of governance in the county, covering the justice system, law enforcement and national and local Government units. Commission operations for 2000-2001 included, inter alia, the investigation of human-rights violations, advice on human-rights issues, providing appropriate legal measures, promoting awareness, continuing the development and monitoring of the institutionalized system of human-rights education and providing remedial financial assistance in the absence of legislated compensation for human-rights victims.
MICHELLE FALARDEAU-RAMSAY, of the Canadian Human Rights Commission, said recent years had seen an increase in the establishment of national institutions. With the increased representation of national institutions worldwide, it was logical to now focus on the establishment of regional groups. From this perspective, Canada had been very active, through its close cooperation with Mexico and the Honduras. These cooperative efforts had culminated in the first annual regional meeting of National Institutions of the Americas in September 1999.
It was because national institutions were so crucial that the international community had developed criteria for their assessment. The Paris Principles were minimum standards by which human-rights institutions should be measured. These principles represented a benchmark for creating effective national institutions that had the authority to protect and promote human rights, and the authority to freely review any matter within their mandates and publish findings without prior approval. The principles assured appropriate guarantees of independence, financial security and pluralism.
MARGARET SEKAGGYA, of the Uganda Human Rights Commission, said Uganda had continued to realize steady progress in the promotion and protection of human rights, as was reflected in the Constitution. The Commission had achieved the institutionalization of human rights in the country. A modern documentation library had been established, regional offices were being set up, the number of complaints to the Commission had increased, civic education and training had been undertaken, a training manual had been created for the police, and inspection visits to places of detention had been undertaken. The Commission had furthermore continued to monitor Government compliance with international instruments.
There were many challenges ahead such as enhancing freedom of worship, the restoration and promotion of peace in parts affected by armed conflict, improvement in places of detention, improvement in the behaviour and methods used by the police,and finding a lasting solution to the plight of street children. In the few years of its existence the Commission had built public confidence. However, there was still a long way to go before the culture of respect for rights would be engraved in the lives of the people of Uganda. Support was needed both nationally and internationally.
HANS ITTERBERG, of the Swedish Ombudsman against Ethnic Discrimination, said a system using Ombudsmen, such as in Sweden, could be seen both as an advantage and a disadvantage. Through specialized institutions, the knowledge and experience in a specific human-rights field could be kept at a high level. On the other hand, the variety of such institutions was also a reflection of a patchwork of anti-discrimination legislation in Sweden which perhaps could not be said to reflect in the best way the principle of the universality and indivisibility of human rights. One important task for Ombudsmen the Government and the Legislature would be to take a closer look at the possible need for co-ordination of human-rights legislation and of work carried out in different.
Human rights principles must be defended in everyday life and thus be put to practical work. This was where national institutions for human rights played a key role. It was therefore of great importance that the Office of the High Commissioner for Human Rights be able to enhance its capacity to act as the natural focal point for national institutions so that they could exchange experiences and receive information.
REV. FR. ALFRED D NSOPE, of the Malawi Human Rights Commission, said it was a newly created institution which the 1995 Malawi Consitution had provided for and which had been made operational in 1998. Activities to date included the strengthening of Malawi Commission's capacity, prison inspections, election monitoring, investigations, promotional activities, treaty report writing and the cultivation of cooperation at the national, regional and international levels.
As a new institution, the Malawi Human Rights Commission was faced with many challenges. The major challenge was to put the Commission on the local and international map, making it visible and audible, and to ensure that its recommendations were accepted by the Government and other authorities. Other challenges included a lack of financial resources, office space and equipment. Future plans included strengthening capacities, conducting a comprehensive programme of civic education in human rights, establishing an effective complaints system and a system for investigating violations, conducting of hearings on complaints, and undertaking research on specific human rights issues.
BRICE DICKSON, of the Northern Ireland Human Rights Commission, said the Commission had been functioning under statutory authority for more than 13 months and had not been affected by the suspension of the Northern Ireland Assembly except insofar as there was currently no Assembly legislation to review from a human-rights perspective. The Northern Ireland Commission continued to be underfunded by the United Kingdom Government and believed that it could not adequately carry out its statutory functions in the current financial year unless it received additional funding.
The Commission had operated completely independently from the UK and from any other body. It had taken numerous steps to protect and promote human rights.
KOMI GNONDOLI, of the National Human Rights Commission of Togo, said the Commission appreciated the trend towards strengthening national capacities. Togo had chosen to make human rights one of the pillars of its social and economic development policies. The National Commission was set up in June 1997, was independent in nature, and was based on the Paris principles. The electoral code had offered new perspectives for the institution. Notable progress had been made in human rights. The National Commission had achieved considerable results through a consciousness-raising programme. As a mediation organization, the Commission welcomed the settlement of most of the claims that had been submitted to it. It had carried out surprise visits to prisons and other detention centres.
The National Commission had transmitted a recommendation promoting education to ensure a more democratic culture. The African Conference of National Institutions would be held in Togo in six months. The National Commission appealed to donors for additional assistance.
CLAUDIO MORENO, of the National Commission on Human Rights of Italy, said the country had a mixed system of committees on human rights and Ombudsmen operating at the regional and municipal levels. The National Commission investigated all questions relating to human rights. It made recommendations and could address the President and different Government departments. The Commission also had direct contact with Parliament. It prepared the reports Italy had to submit under the international conventions to which it was a party. It played a central role in the dissemination of the content of international conventions and in the organization of seminars and fora on human rights.
There were numerous regional and local human rights institutions in the country. There was a project to unify all these institutions with a view to creating one national institute in keeping with UN standards.
PATRICK TOBIN (the United Kingdom) said the establishment of the Northern Ireland National Human Rights Commission was of very high importance. The Government of the United Kingdom had taken note of the important work of the Commission. There had been discussions concerning the lack of funding for the Commission. The delegation of the United Kingdom was aware that the Commission had recommended an independent inquiry on unresolved murders and the Government of the United Kingdom would support this inquiry.
HR/CN/00/53
18 April 2000
NATIONAL INSTITUTIONS FOR HUMAN RIGHTS DESCRIBE ACTIVITIES
Commission Continues Debate on Effective Functioning
of Human Rights Mechanisms
A series of national institutions for human rights described their powers and functions this evening as the Commission on Human Rights carried on with its annual review of "effective functioning of human rights mechanisms".
Along with national institutions, this Commission agenda item covers the topics of human-rights treaty bodies and the adaptation and strengthening of United Nations machinery for human rights.
Addressing the meeting were representatives of national human-rights commissions, councils, or Ombudsmen of Morocco, Colombia, India, Cameroon, Algeria, Denmark, Mexico, Rwanda, France, Bahrain, South Africa, Nigeria, Australia, New Zealand, the Philippines, Canada, Uganda, Sweden, Malawi, Togo, and Italy.
Establishment of such institutions has been encouraged by the Commission, and a series of recommendations entitled the Paris Principles calls for them to be independent of Government influence, sufficiently funded to carry out their work, and powerful enough to investigate effectively and to spur changes in the human-rights situations and practices of their countries. Debate touches every year on the extent to which the Paris Principles are reflected in the actual functioning of national institutions.
Along with the enumeration of the activities and responsibilities of these agencies came occasional pleas for help. The representative of the Office of the Ombudsman of Colombia did not dwell on the operations of the Office but said the long-running internal conflict in the country was taking a mounting toll on innocent civilians and called for the Commission on Human Rights to provide additional technical advice to the Government and for all parties to the conflict to end violence against non-combatants. The representative of the Rwandan National Commission for Human Rights said further international aid was needed to help the country recover from the complex and deep emotional damage left by the 1994 genocide in the country.
Also speaking were the Asia-Pacific Forum of National Human Rights Institutions, the Northern Ireland Human Rights Commission, and a representative of the United Kingdom.
The Commission will reconvene at 10 a.m. Wednesday, 19 April.
Statements
DRISS DAHAK, of the Consultative Council for Human Rights of the Kingdom of Morocco, said it was impossible to summarize the role of the Council during its brief existence. However, much work had been undertaken with respect to prisoners of conscience and blood crimes. The Consultative Council ensured that people could have their cases considered in accordance with human-rights regulations, and the Council promoted closer cooperation between national and international non-governmental organizations on regional and international levels.
Last year the Council had already addressed the problems of those who had suffered arbitrary detention. Before his death, the late King had arranged for the setting up of an arbitration group to work with the Consultative Council. This group had worked extensively on provisional indemnities and had received and implemented numerous activities with the support of the arbitration court. The group was particularly concerned with fundamental human-rights issues. The work had been very successful due to the contribution of national organizations on human rights. The close cooperation had led to the important Rabat Declaration. The Commission should engage in further promotion of human rights in cooperation with national institutions.
JOSE CASTRO CAYCEDO, of the Office of the Ombudsman of Colombia, said that despite efforts to find arrangements that would keep people from killing each other, serious violence continued in the country. The Ombudsman of Colombia appealed to the Commission to provide help to the country and for all parties to the conflict to improve their respect for human rights. People were still targeted in the violence, were still caught in the crossfire. Escalation of the conflict had occurred despite various agreements signed heretofore by the Government, children were being enlisted in the armed factions, and negotiations, once a source of hope, had bogged down. Barbarous acts committed against the population had increased.
Violence in Colombia was financed by drug trafficking. Most Colombians wanted a political solution, but without response from those doing the fighting. Kidnappings and murders continued. Over 270,000 Colombians had been displaced. There had been torture and violation of economic rights and the right to education. The Office of the Ombudsman had made over 100 recommendations to the Government, but little had been done by the Government in response.
J. S. VERMA, of the National Human Rights Commission of India, said the daily battle for human rights had to be fought on the national, regional and global levels. Through cooperation much could be done to promote human rights. There was a great level of complementarity in human-rights work on all levels. Participation of national institutions in this forum was important, as had been proved in the South Asia Pacific meeting in Manila which had led to fruitful debate and discussion. There had been an increase in the cooperation of national institutions both at the regional and international levels, and it was important that such trends continue.
The Indian Human Rights Commission was growing in influence; in recent years 50,000 complaints had been filed with the Commission. The main concerns of the Commission were the challenge of protecting human rights in the face of terrorism, the prevention of violence, the reform of prisons and other correctional facilities and the assurance of rights for the mentally ill. Special focus had also been put on assuring compulsory and free education until the age of 14 and protecting the rights of women, children, Dalits and the disabled. Focusing on everything that affected human dignity was the concern of the Indian Commission.
SOLOMON NFOR GWEI, of the National Commission on Human Rights and Freedoms of Cameroon, said the National Commission believed in the indivisibility of all human rights and felt it must build up its consultative role to the Government and cultivate and maintain cooperation that would be beneficial and enable it and cooperating partners, such as NGOs, to perform more effectively. Torture was the most challenging violation it had confronted; most often it was the downtrodden of society who were subjected to torture by individual, misguided, and often-irresponsible Government agents and even some traditional rulers. The National Commission was using impromptu inspections of detention centres and prisons to deter and discourage perpetrators of arbitrary arrests, detention and torture, and was carrying out seminars and workshops for law-enforcement personnel on torture prevention.
The National Commission also focused on the rights of women, children and the most vulnerable; battled corruption; carried out educational programmes on human rights; and worked with NGOs. It was in the midst of a reorganization to include within the National Commission relevant sectors of society that were not included initially.
K. REZAG-BARA, of the National Observatory of Human Rights of Algeria, said the institution had been carrying out numerous activities. The national human rights machinery had been strengthened through the stabilization of democratic institutions. Pluralist democratic elections had been organized. The institution had helped monitor the Algerian elections. As soon as the President had taken office he had engaged in activities to strengthen institutional instruments for democratization and pluralism through the promotion of the freedom of expression.
In a popular referendum, a bill on civil concord had been adopted which made it possible for a considerable number of people to benefit from having court cases against them dropped or reduced, except for people having carried out mass executions. Regular jurisdiction and instruments had been strengthened through the implementation of dual jurisdiction. The State as a whole respected the law. Legal instruments under judicial spheres had been subject to global reforms. Prisons were now visited by international observers who made recommendations on how to improve conditions. Many measures had been taken to make the authorities ensure civil concord and healing.
MORTON KJAERUM, of the Danish Centre for Human Rights, said the Centre welcomed the general comment of the Committee on Economic, Social and Cultural Rights on the role of national institutions in promoting and ensuring the indivisibility of all human rights; the comment underlined a number of steps national institutions could take in relation to economic, social and cultural rights. The Danish Centre was undertaking not only analytical, research and educational activities in this area but also other activities such as scrutinizing existing laws, draft bills, and administrative proposals. Such rights enjoyed much weaker protection in Denmark, despite the fact that Denmark was a rich country. Last year the Centre had focused on legislation concerning the use of coercive measures towards elderly people with special needs and towards families which were unable to take proper care of their children. It had complained last year that an integration measure was discriminatory against refugees, and the legislation had since been changed.
Regional and international networks of national institutions, and meetings among them, were helpful in terms of developing a common understanding and approach to difficult issues, such as the interrelation and indivisibility of human rights.
JOSE LUIS SOBERANES, of the National Human Rights Commission of Mexico, said the Commission had undergone substantial changes and had received recognition of its independence and autonomy through a reform of the Mexican Constitution. The legitimacy of the Commission was now strengthened as it reported to a plural body and had full budgetary autonomy. This made the institution an institution of the State but not one of the Government. Work had been undertaken on the follow-up of the Paris principles. The National Commission had based its autonomy on promotion, mediation and protection. The National Commission had closely followed the human-rights situation during the university strikes and in the region of Chiapas. A worrying trend had been that of increasing religious fundamentalism.
The National Commission was producing a document to draw the attention of the next Government to the human rights problems of Mexico and was in the process of preparing a number of indicators to determine progress in the fight for human rights. Contact had been established with many NGOs. The Commission on Human Rights was called upon to begin a serious discussion of the participation of national institutions in its work.
GASANA NDOBA, of the Rwandan National Commission for Human Rights, said the institution was independent and had been developed on the lines of the Paris Principles. The Government of Rwanda had provided satisfactory cooperation and budgetary support; the interest of the Commission on Human Rights also was appreciated, as was cooperation from the Office of the High Commissioner for Human Rights, as were donations from a number of bilateral and multilateral donors, who had helped to pay for a number of projects. The National Commission was guaranteed independence under the Constitution. In 1999, in its first seven months of activity, it had focused on the training of its seven members, who had all participated at the international meeting of national commissions at Strasbourg, and at a roundtable in Kigali; it had received several dozen written and oral requests from the population; and it had considered a limited number of complaints, with other investigations scheduled.
The context in the country deserved consideration -- the 1994 genocide had left a situation of exceptional complexity, and help from the international community was needed to aid a very damaged society in healing itself, and to help with compensation of victims.
PIERRE TRUCHE, of the Consultative Commission on Human Rights of France, said a national commission on human rights should always bear in mind the international dimension of problems. The French Commission on Human Rights welcomed the 1998 adoption of the treaty creating an International Criminal Court. The status of the court was not perfect and it was regrettable that it had taken seven years to empower it to consider war crimes. There was a long way to go before the treaty establishing the court was ratified by 60 countries. France had had to change its Constitution before it could ratify the treaty. National Commissions were empowered to insist that all Governments ratify the treaty. The permanent members of the Security Council should also commit themselves to the Court.
Too many crimes had been and were still being perpetrated. Victims all over the world continued to lose their lives and to suffer violence, torture and rape. The gravity of conflict situations should not obfuscate daily situations where people were denied work, housing and leisure because of hate or indifference. Economic, social and cultural rights flew from the dignity inherent to the human being. The road to be travelled was still long. The situation called for vigilance and action by national institutions.
SAMEER RAJAB, of the Bahrain Committee of Human Rights, said human rights represented the true value of the human being. The Committee was established in 1999 and was composed of elected independent members. The Committee was not subject to control by the Shura Council or any other body. The Committee's recommendations were submitted directly to his Highness the Amir for implementation. The Committee cooperated with human-rights bodies and strengthened links with NGOs. The Committee by mandate was independent of Government control; its decisions could not be appealed, which added to the legitimacy of the implementation of its Statute.
His Highness the Amir had taken several steps for the promotion of human rights, such as a process of democratization and the unification of the Bahraini people. The Committee had been set up as to ensure participation of the population, particularly women. The policy reflected the noble principles of the State of Bahrain. The Committee had only begun its work recently. Much remained to be done, but the Committee was enthusiastic about its work for human rights and justice.
SHIRLEY MABUSELA, of the South African Human Rights Commission, said the South African Commission hoped that soon national institutions would be able to relate directly with treaty bodies; if that occurred, they could do such things as monitor compliance by reporting to those bodies, review country reports, and submit comments to relevant structures on various treaties or conventions. National institutions also could brief Special Rapporteurs when appropriate. The South African Commission looked forward to the holding in the country next year of the World Conference against Racism and in preparation had planned a national conference on racism for later this year and already had developed a framework for the conference.
The Commission had done a limited inquiry into the South African Police Services and would be developing anti-racism training for the police; its Chairperson had conducted public hearings into racism in the media; the procedure had been hailed as an initial process towards ensuring that the South African media was sensitized to symbols, idioms and actions that could be interpreted as racist by some sectors of the public. The South African Commission also was participating in the establishment of other institutions.
P. K. NWOKEDI, of the National Human Rights Commission of Nigeria, said Nigeria had returned to civil governance on 29 May 1999 following the successful democratic election and subsequent disengagement of the military from governance. Since assumption of office, the present administration had put remarkable effort into enhancing human rights. However, the military psychology with its inherent emphasis on force might take some time to overcome. The high rate of unemployment, illiteracy, and inimical cultural practices coupled with a high crime rate and civil disturbances were other problems that appeared to be impeding the effort to promoted and protect human rights in the country.
The National Human Rights Commission had had appreciable success in discharging its mandate. Over the past three years, the Commission had carried out numerous programmes of human-rights education, targeting such bodies as the police, prison officials, judges, journalists and students. It had also established collaborative working relationships with NGOs. In carrying out its monitoring and advisory role to the Government, the Commission had carried out investigations and treated many issues of human-rights violations including prison conditions, police brutality, denial of fair hearing, abuse of power, and torture. The Commission had also mapped out programmes aimed at consolidating the gains so far recorded.
ALICE TAY, of the Australian Human Rights and Equal Opportunity Commission, said the focus on national institutions was complemented by the important technical and advisory support which had been particularly instrumental in facilitating dialogue and institution-strengthening initiatives within the Asia-Pacific region. Independence was one of the core standards of compliance. Australia was a good example of this nexus of tension between independence and cooperation. In recent months, the independence of the national institution had been tested by the need to speak out against some aspects of Government policy and commentary, much of which concerned indigenous peoples.
The High Commissioner had noted that the international community and treaty bodies and Special Rapporteurs had been established to monitor State compliance with international treaty obligations. Australia had for some time suggested a review of the treaty bodies process. The purpose of reform should be to strengthen international protection of human rights, not undermine it. The national institution had an important role to play in providing independent, expert advice and views on the obligations required for compliance with international human-rights standards.
KIEREN FITZPATRICK, of the Asia-Pacific Forum of National Human Rights Institutions, said national commissions for human rights wanted full participation in the Commission and other UN fora. The Asia-Pacific region had seen vigorous establishment of such national institutions, beginning with New Zealand (1978). Afterward came Australia (1981), the Philippines -- the first to be created under a Constitutional provision -- in 1987, Indonesia (1993), India (1994), Sri Lanka (1997) and Fiji (1999). Steps were well under way for the establishment of institutions or improving existing institutions to ensure their compliance with the Paris Principles in Bangladesh, Iran, Malaysia, Mongolia, Nepal, Papua New Guinea, and Thailand. Also considering setting up such bodies were Cambodia and Japan.
The Asia-Pacific Forum was open to all national institutions in the region which were in compliance with the Paris Principles. The Forum sought to assist such institutions through strengthening project. It assisted Governments in establishing institutions; and it promoted cooperation for the promotion and protection of human rights. The Forum also undertook a wide range of regional activities for human rights.
CHRIS LAWRENCE, of the New Zealand Human Rights Commission, said the Commission had continued its long-standing policy of active engagement and promotion of the Paris Principles, promoting the view that the Principles were a minimum standard, not a maximum one. The new Government had embarked on a reform programme, much of which had human-rights ramifications. For example, it had introduced a Bill to reform employment laws enacted during the term of the previous Government. It had also begun a programme to address the relative socio-economic disadvantages of Maori and Pacific peoples. Furthermore, it had foreshadowed legislation to redress a lingering gender-pay gap. A public debate was also under way concerning Constitutional reforms.
Human-rights issues in New Zealand tended to be those characteristic of a democratic, peaceful, relatively prosperous nation with a strong social-democratic tradition. Yet as all indicators proved, Maori New Zealanders were disadvantaged to a substantial extent. Women still earned significantly less than men. Relative poverty was the lot of a large minority of people, most of them women, children and the elderly. There was room for the view that a country which had a strong tradition of respect for civil and political rights needed to do more to enhance economic, social and cultural rights. The Commission had prioritized this area and intended to advocate a Constitution which reflected the indivisibility of all rights.
AURORA NAVARRETE-RECINA, of the Philippines Commission of Human Rights, said the Commission had a long way to go both as a Constitutionally created office with specific mandates and as a national institution. It was confronted with basic organization problems suppressing its effectiveness. There was much to be done with little resources. There were alarming signals of violations affecting civilians, abuses and violence against children, violations against the rights of rural and urban workers, abuses against the housing rights of the poor, cases of maltreatment of prisoners and the displacement of persons and communities. Furthermore, the dominant position of Government instrumentalities such as the police and local government officials was a serious matter to deal with.
The Commission focused on advancing the primacy of human rights in the context of stewardship in governance that should permeate at all levels of governance in the county, covering the justice system, law enforcement and national and local Government units. Commission operations for 2000-2001 included, inter alia, the investigation of human-rights violations, advice on human-rights issues, providing appropriate legal measures, promoting awareness, continuing the development and monitoring of the institutionalized system of human-rights education and providing remedial financial assistance in the absence of legislated compensation for human-rights victims.
MICHELLE FALARDEAU-RAMSAY, of the Canadian Human Rights Commission, said recent years had seen an increase in the establishment of national institutions. With the increased representation of national institutions worldwide, it was logical to now focus on the establishment of regional groups. From this perspective, Canada had been very active, through its close cooperation with Mexico and the Honduras. These cooperative efforts had culminated in the first annual regional meeting of National Institutions of the Americas in September 1999.
It was because national institutions were so crucial that the international community had developed criteria for their assessment. The Paris Principles were minimum standards by which human-rights institutions should be measured. These principles represented a benchmark for creating effective national institutions that had the authority to protect and promote human rights, and the authority to freely review any matter within their mandates and publish findings without prior approval. The principles assured appropriate guarantees of independence, financial security and pluralism.
MARGARET SEKAGGYA, of the Uganda Human Rights Commission, said Uganda had continued to realize steady progress in the promotion and protection of human rights, as was reflected in the Constitution. The Commission had achieved the institutionalization of human rights in the country. A modern documentation library had been established, regional offices were being set up, the number of complaints to the Commission had increased, civic education and training had been undertaken, a training manual had been created for the police, and inspection visits to places of detention had been undertaken. The Commission had furthermore continued to monitor Government compliance with international instruments.
There were many challenges ahead such as enhancing freedom of worship, the restoration and promotion of peace in parts affected by armed conflict, improvement in places of detention, improvement in the behaviour and methods used by the police,and finding a lasting solution to the plight of street children. In the few years of its existence the Commission had built public confidence. However, there was still a long way to go before the culture of respect for rights would be engraved in the lives of the people of Uganda. Support was needed both nationally and internationally.
HANS ITTERBERG, of the Swedish Ombudsman against Ethnic Discrimination, said a system using Ombudsmen, such as in Sweden, could be seen both as an advantage and a disadvantage. Through specialized institutions, the knowledge and experience in a specific human-rights field could be kept at a high level. On the other hand, the variety of such institutions was also a reflection of a patchwork of anti-discrimination legislation in Sweden which perhaps could not be said to reflect in the best way the principle of the universality and indivisibility of human rights. One important task for Ombudsmen the Government and the Legislature would be to take a closer look at the possible need for co-ordination of human-rights legislation and of work carried out in different.
Human rights principles must be defended in everyday life and thus be put to practical work. This was where national institutions for human rights played a key role. It was therefore of great importance that the Office of the High Commissioner for Human Rights be able to enhance its capacity to act as the natural focal point for national institutions so that they could exchange experiences and receive information.
REV. FR. ALFRED D NSOPE, of the Malawi Human Rights Commission, said it was a newly created institution which the 1995 Malawi Consitution had provided for and which had been made operational in 1998. Activities to date included the strengthening of Malawi Commission's capacity, prison inspections, election monitoring, investigations, promotional activities, treaty report writing and the cultivation of cooperation at the national, regional and international levels.
As a new institution, the Malawi Human Rights Commission was faced with many challenges. The major challenge was to put the Commission on the local and international map, making it visible and audible, and to ensure that its recommendations were accepted by the Government and other authorities. Other challenges included a lack of financial resources, office space and equipment. Future plans included strengthening capacities, conducting a comprehensive programme of civic education in human rights, establishing an effective complaints system and a system for investigating violations, conducting of hearings on complaints, and undertaking research on specific human rights issues.
BRICE DICKSON, of the Northern Ireland Human Rights Commission, said the Commission had been functioning under statutory authority for more than 13 months and had not been affected by the suspension of the Northern Ireland Assembly except insofar as there was currently no Assembly legislation to review from a human-rights perspective. The Northern Ireland Commission continued to be underfunded by the United Kingdom Government and believed that it could not adequately carry out its statutory functions in the current financial year unless it received additional funding.
The Commission had operated completely independently from the UK and from any other body. It had taken numerous steps to protect and promote human rights.
KOMI GNONDOLI, of the National Human Rights Commission of Togo, said the Commission appreciated the trend towards strengthening national capacities. Togo had chosen to make human rights one of the pillars of its social and economic development policies. The National Commission was set up in June 1997, was independent in nature, and was based on the Paris principles. The electoral code had offered new perspectives for the institution. Notable progress had been made in human rights. The National Commission had achieved considerable results through a consciousness-raising programme. As a mediation organization, the Commission welcomed the settlement of most of the claims that had been submitted to it. It had carried out surprise visits to prisons and other detention centres.
The National Commission had transmitted a recommendation promoting education to ensure a more democratic culture. The African Conference of National Institutions would be held in Togo in six months. The National Commission appealed to donors for additional assistance.
CLAUDIO MORENO, of the National Commission on Human Rights of Italy, said the country had a mixed system of committees on human rights and Ombudsmen operating at the regional and municipal levels. The National Commission investigated all questions relating to human rights. It made recommendations and could address the President and different Government departments. The Commission also had direct contact with Parliament. It prepared the reports Italy had to submit under the international conventions to which it was a party. It played a central role in the dissemination of the content of international conventions and in the organization of seminars and fora on human rights.
There were numerous regional and local human rights institutions in the country. There was a project to unify all these institutions with a view to creating one national institute in keeping with UN standards.
PATRICK TOBIN (the United Kingdom) said the establishment of the Northern Ireland National Human Rights Commission was of very high importance. The Government of the United Kingdom had taken note of the important work of the Commission. There had been discussions concerning the lack of funding for the Commission. The delegation of the United Kingdom was aware that the Commission had recommended an independent inquiry on unresolved murders and the Government of the United Kingdom would support this inquiry.