NATIONAL HUMAN RIGHTS INSTITUTIONS OUTLINE THEIR WORK TO COMMISSION ON HUMAN RIGHTS

Commission on Human Rights
MIDDAY
13 April 2005


The Commission on Human Rights today heard statements from Representatives of national human rights institutions in which they spoke about the scope of their work to ensure the human rights and fundamental freedoms of their respective populations.

The Representatives of the national human rights institutions elaborated on their efforts to promote and protect human rights in their countries, detailing specific problems and how they were being resolved.

The national human rights institutions spoke as part of the Commission's general debate on the effective functioning of human rights mechanisms, including treaty bodies, national institutions and regional arrangements, and adaptation and strengthening of the United Nations machinery for human rights.

Representatives of the following national human rights institutions addressed the Commission: South Africa - South African Human Rights Commission; Paraguay - Defensoría del Pueblo; Philippines - Commission on Human Rights; Peru - Defensoría del Pueblo; Afghanistan - Afghanistan Independent Human Rights Commission; Northern Ireland - Northern Ireland Human Rights Commission; Germany - The German Institute for Human Rights; Algeria - Commission Nationale Consultative de Promotion et de Protection des droits de l’homme; Indonesia - Indonesian National Commission on Human Rights; Kazakhstan - Ombudsman; Sri Lanka - National Human Rights Institution; Spain - Defensor del Pueblo; France - Commission Consultative des Droits de l’Homme; Uganda - Uganda Human Rights Commission; Qatar - National Human Rights Committee; Switzerland - Commission federale contre le racisme; Greece - Hellenic Republic National Commission for Human Rights; Armenia - Human Rights Defender; Bolivia - Defensor del Pueblo; Russian Federation - Presidential Council on Promotion of Development of Civil Society Institutions Civil Society Institutions; Senegal - Coordinateur du Comite senegalais des droits de l'homme, Association francophone des Commissions nationales des droits de l'homme; Sudan-Advisory Council for Human Rights; Rwanda - Commission Nationale des Droits de la Personne; Colombia -Defensoria del Puebolo; Democratic Republic of Congo - Observatoire National des Droits de l'Homme; and Mongolia - National Human Rights Commission.

The Commission today is holding three back-to-back meetings from 9 a.m. to 3 p.m. When it concluded its midday meeting at 3 p.m., it immediately started an afternoon meeting during which it will discuss the situation of human rights in Colombia under its agenda item on the organization of the work of the session.

Statements from National Human Rights Institutions

ZONKE MAJODINA, of South-Africa - South African Human Rights Commission, said during the last 10 years, South Africa had invested much energy into laying a firm foundation for a human rights culture. In response to its efforts, there seemed to be consensus around the country that the South African Human Rights Commission remained very relevant in the lives of ordinary South Africans. That was evidenced by the increasing numbers of complaints the Commission was receiving from all corners of the country, and the number of invitations from institutions, both public and private, to go out and train their staff members on human rights. Over the years, the Commission had come to enjoy progressively greater cooperation with the Government, parliament and other organs of the State, the private sector, faith communities and civil society. The Commission was proud of its achievements so far. Much still remained to be done to consolidate a meaningful human rights in South Africa but the Commission believed that it had succeeded in putting human rights firmly on the national landscape.

The South African Human Rights Commission had a wide and challenging mandate to promote, protect and monitor human rights and it was discharging it without fear, favour or bias. It was that mandate that had put the Commission at the cutting edge of human rights protection, promotion and in the development of a human rights culture. The Commission, as part of its mandate, had the responsibility of monitoring the Government’s compliance with its human rights obligations. Each year, organs of the State had to submit reports to the Commission on how far they had realized the progressive realization of those rights. So far, the Commission had produced five annual reports on economic and social rights to parliament.

MANUEL MARIA PAEZ MONGES, of Paraguay - Defensoria del Pueblo, said the office of the Defender had been established in 2001, when the first Ombudsman had been elected by Parliament. Among the most important measures which the office had considered were those related to the victims of the dictatorship, who requested compensation from the Defender’s office, which then issued its decision. This work was done free of charge. In addition, the defence for these victims in the courts was provided through the Defender's office. Many people had received compensation. The Defender's Office also dealt with family housing, and had presented a Bill on Family Property, which was passed by the Parliament, along with other bills such as one allowing access of women to public office.

Work had been done to promote human rights in the study programme of secondary schools. Agreements had been reached with the press to cover activities related to human rights and to publicise these issues. Facilities such as psychiatric hospitals were visited. Sub-Offices were established in 26 cities, with the result of reaching more citizens. The Defenders' offices of Spain and Argentina had cooperated in activities, which had been very beneficial. Training sessions had also been held. The office had been working with the Government to ensure that the Office of the High Commissioner for Human Rights carried out a technical diagnosis of the situation of human rights in order to establish programmes to protect human rights.

PURIFICACION C. VALERA QUISUMBING, of Philippines - Commission on Human Rights, said new laws had been passed in the Philippines, manifesting the zealous and compassionate regard the Government had for children and women’s human rights, not only affording protection within the intimate confines of the home but even beyond national borders. The Philippines Commission on Human Rights actively supported legislation and the implementation of the law on Anti-Trafficking in Persons and the law on Anti-Violence Against Women and Their Children. The legislative agenda of the Commission sought the passage of bills championing the rights of “comfort women”, indigenous peoples, internally displaced persons and human rights victims. The Commission of the Philippines was relentless in its campaign for the passage of a comprehensive juvenile justice law, laws against torture and involuntary disappearances and the Compensation Law for victims of human rights violations. On the penitentiary system, the Commission had undertaken two studies on prison conditions of children in conflict with the law and on Muslim women and children detainees.

The Commission continued to urge the Government to ratify the Rome Statute, resolute in the belief that a universally accepted International Criminal Court was the effective way to address impunity in the wake of global violations of human rights norms and standards as well as international humanitarian law. The Commission decried the silent but pervasive phenomena of child pornography, child prostitution and trafficking of children. Furthermore, the new thrust of the Commission was towards monitoring progressive realization and fulfilment of economic, social and cultural rights. It had been advocating recognition of the justiciability of economic, social and cultural rights through training of judges and lawyers in collaboration with the Supreme Court’s Judicial Academy. In closing, the speaker expressed her Commission’s support to the Secretary-General’s recommendation to reform and strengthen the United Nations human rights agenda, mechanisms and capabilities, the better to respond to and effectively address the tremendous challenges of this millennium.

WALTER ALBAN PERALTA , of Peru – Defensoria del Pueblo, said Peru went through a critical stage because of the political violence in the 1980s and because of the authoritarian regime of President Alberto Fujimori. The Defensoria del Pueblo, which was created in 1996, had taken measures to defend the lives, integrity and liberties of citizens. It had also focused its attention on the issue of forced disappearances and on persons unjustly condemned as terrorists. At the end of 2000, after the end of President Fujimori’s regime, the institution's efforts had been directed to the respect of human rights by the new government. Following the coming to office of the Government of President Valentin Paniagua, measures had been taken to strengthen human rights institutions in Peru. The Defensoria del Pueblo had been contributing to the process of democratic consolidation in Peru, including to the process of the reform and decentralization of the State. It also endeavoured to establish a transparent public administration, the strengthening of civil society and citizens’ participation.

An important measure in matters of human rights in Peru was the creation in June 2001 of a Commission on Truth and Reconciliation. The Defensoria del Pueblo supported its establishment and was participating in its activities, which were aimed at national reconciliation in the country.

SIMA SAMAR, of Afghanistan - Afghanistan Independent Human Rights Commission, said although there were reports about the progress Afghanistan was making towards democracy and stability, there should be caution against too much optimism, as achievements were relatively modest and fragile. Without the continuing support of the international community, especially with the provision of security, there were fears that the country could easily lapse back into violence and chaos. Durable peace in Afghanistan should be built on strong foundations. Among the essential ingredients were a representative Government freely elected by the people, and a functioning system of Government, including a fair and non-corrupt justice system. Butt in Afghanistan, only a few of the ingredients were in place, and the rule of law had not yet fully vanquished the rule of the gun.
There was an absolute need to tackle impunity if Afghanistan was to be successful in making the transition to stability and peace based on democracy and respect for human rights. The Afghanistan Independent Human Rights Commission had determined that this should take the highest priority in the work to be done. The main call today was to appeal to members of the international community to strongly support politically, materially and through international cooperation the implementation without delay of the comprehensive national strategy for transitional justice in Afghanistan. This would be a lengthy process, faced with many obstacles. But it was certain that the longer impunity prevailed, the less chance there was for Afghanistan to become a place of peace, stability and opportunity for its people.

PADDY SLOAN, of Northern Ireland - Northern Ireland Human Rights Commission, (Ireland) said whilst the Northern Ireland Human Rights Commission welcomed improvements in the systems in place for protecting human rights in Northern Ireland, many issues remained to be resolved. Dealing with the past, including some 2,000 unsolved murders related to the conflict and public inquiries into six high profile murders where an independent review identified the need to investigate allegations of State collusion, were ongoing priorities for the Commission. In the past year, the Commission has had to resort to courts to challenge the Government’s decision not to grant the Commission access to a juvenile justice centre to review the conditions under which children and young people were held, following a previous investigation which highlighted major concerns. The Commission continued to be very concerned at the disproportionate infringement of civil liberties and human rights contained in the United Kingdom Government’s Prevention of Terrorism Act of 2005. Moreover, the Commission remained concerned at the continuing level of violence and systematic violations of human rights in Northern Ireland perpetrated by paramilitary organizations.

Asylum seekers and refugees continued to be held in prisons in Northern Ireland, she said, with minimal recognition of their cultural requirements and subject to the vagaries of the prison system in terms of access to education, exercise and association. The Commission was particularly disturbed by the United Kingdom Government’s decision not to ratify the United Nations’ 1990 Convention on the Protection of the Rights of Migrant Workers and All Members of their Families. Moreover, the Commission had taken a close interest in the developing United Nations Convention on Disability, the United Nations World Programme for Action for Human Rights Education and the enhancement of the treaty monitoring system. The Commission was also continuing its efforts to operate with powers of investigation that fell short of the standards described in the United Nations’ Paris Principles.

FRAUKE LISA SEIDENSTICKER, of Germany - German Institute for Human Rights, said the German Institute for Human Rights had taken an active approach to cooperate with treaty bodies and to implement their recommendations. The Institute seized the opportunity offered by four oral hearings on German periodic reports held by different United Nations treaty bodies in 2004 to develop a model for following up the concluding observations by the treaty bodies with expert meetings. German non-governmental organizations had submitted alternative reports to all of the committees. The German Institute saw its genuine role in providing other forms of monitoring the implementing of human rights treaties in Germany and decided to follow up the concluding observations in the form of expert meetings. The decision to hold those meetings was based on the Institute’s view that the implementation of human rights treaties was a continuous and long-term process that could, at its best, be an ongoing dialogue between Governments and treaty bodies at the international level, and between Governments and the human rights community at the national level.

While some treaty bodies had issued up to 30 recommendations, the Institute decided to focus on a maximum of four to seven topics per meeting. Concerns raised by treaty bodies in concluding observations to two or more consecutive State reports, as well as recommendations reiterated by several committees were taken as an indication of important areas of concern and thus a priority issue for consideration at an expert meeting. Topics selected for discussion so far included cases of ill treatment by police, gender implications of current social reform projects in Germany, discrimination against ethnic minorities and protection of refugee children.

MERIEM LOUKRIZ, of Algeria - Commission Nationale Consultative de Promotion et Protection des droits de l’homme, said the Algerian National Commission had grown in size and seen its mandate extended, and had undertaken major diversified activities to promote and protect human rights by developing thematic programmes in order to promote a human rights and peace culture within society, among other things, and had made progress in strengthening mechanisms for human rights. Over the past five years, the peace process promoted by the Government had been a strong message which all had taken to heart, thus demonstrating the national consensus against violence and for democratisation. Pluralist democratic elections had taken place, open to all political currents in order to ensure institutional stability and a democratic policy. Reforms had taken place with positive effects on human rights, with laws strengthening, among other things, the rights of women in divorce.

The reform of the State, carried out by the President, was aimed at improving good governance and consolidating the rule of law. The serious security crisis of the past had led to problems regarding the physical integrity of the person and property. Coordination and consultation continued to take place at the level of the State regarding allegations linked to the events of that period. Algeria had given a specific temporary mission to the National Commission to deal with persons considered as disappeared, and it had made investigations in order to deal with this issue. The policy of building social peace would have significant and long-lasting effects on the rights of individuals.

ABDUL HAKIM GARUDA NUSANTARA, of Indonesia - Indonesian Human Rights National Commission, noted that positive developments had taken place in Indonesia during the last year concerning the enhancement and protection of human rights. To mention one, the peaceful implementation of citizens' rights to take part in the Government as manifested in the direct elections of the legislative bodies and the President and Vice President, the first direct elections after eight indirect elections held in the country since 1955. Referring to the act of terrorism which occurred in 2004 when a bomb exploded near a foreign mission, he said the Commission condemned the act which violated the right to life and personal security. Inadequate protection of victims and witnesses of gross violations of human rights as well as criminal acts against human rights defenders had been a serious concern of the Commission since its inception. Moreover, the plight of internally displaced persons, specifically with respect to the protection of their human rights and fundamental freedoms, remained precarious. This situation had become more serious as a result of the tsunami which had affected 12 States in the Indian Ocean region on 26 December 2004, with Indonesia being the hardest hit.

The Indonesian Human Rights National Commission had been giving increasing attention to the importance of international cooperation in the capacity building of human rights workers and the promotion of human rights and fundamental freedoms. In addition to the Asia Pacific Forum of National Human Rights Institutions that the Commission regularly attended, the Commission had also taken part in the seventh International Conference for National Human Rights Institutions, held last September in Seoul, and the informal consultations among existing national human rights institutions in ASEAN countries held in Jakarta and Bangkok in June and October last year. Unfortunately, due to the post-tsunami situation, particularly as far as Indonesia was concerned, and because the Indonesian Human Rights National Commission had to devote much of its attention, time and resources to ensure the protection and respect of human rights and fundamental freedoms of those affected, another informal meeting, originally scheduled for February 2005, had to be deferred.

BOLAT BAIKAHAMOV, of Kazakhstan - Ombudsman, said that thanks to the broad representation of the United Nations bodies in Kazakhstan, the necessary conditions for cooperation with United Nations institutions in all spheres of human rights activities had been created. Within the framework of the project “building operational capacity of national ombudsman institutions in the Kazakhstan”, a fruitful cooperation had been carried out with the Office of the High Commissioner for Human Rights. The United Nations Development Programme's Regional Office had organized a system of interaction between national human rights institutions in countries of the Commonwealth of Independent States (CIS). The important contribution of strengthening cooperation between ombudsman institutions in the CIS region was highlighted at the meeting of Commissioners of Human Rights of six CIS Member States, which took place in December 2004 in Petersburg. International fora played a particular role in development of regional relations between national human rights institutions.

For the purposes of exchanging experience with national human rights institutions and summarizing the outcome of the implementation of the United Nations Plan of Action for the Decade for Human Rights Education, the National Ombudsman had taken part in the European meeting of the national human rights institutions on human rights education in 2004 in Berlin. Relations with human rights institutions were also developing by means of international projects.

RADHIKA COOMARASWAMY, of Sri Lanka - National Human Rights Commission, said the 1980s and 1990s had seen a great deal of human rights abuses in Sri Lanka; ethnic conflict in the north of the country and a youth insurrection in the south had led to large scale violations that had been a part of the deliberations of the Human Rights Commission at the time. The Sri Lankan National Human Rights Commission had been set up in the aftermath of this, enjoying widespread support among the public. The major challenge facing the human rights community in Sri Lanka remained extra-judicial killings and impunity for murder. In the first instance, the Commission had called for a human rights agreement to be entered to by the parties to the conflict, to be monitored by international monitors to ensure human rights protection in the war-torn North and East. With regard to alleged extra-judicial killings, a special High Court judge would be assigned to look into them.

The Sri Lankan National Human Rights Commission had a daunting task ahead of it. The criticisms of many non-governmental organizations were accepted in good faith, and a process had been started to examine where the institutions of justice could require reform and restructuring to better protect the rule of law. The Commission had decided to appoint a rule of law committee to come forward with recommendations on how to strengthen these institutions. There was a good deal to do to reform the structure of the Commission itself, in order to reorder its priorities to make it more effective, although it had limitations of capacity, resources and personnel. However, it was a united Commission, and there was no shortage of good faith and good intentions, and strong moral commitment on the part of the members, and it was hoped that this would continue to inspire them in the challenges ahead.

MANUEL ANGEL AGUILAR, of Spain - Defensor del Pueblo, said Spain's Defender had been concerned for years about the negative consequences that had come about due to the “television trash” programming and school violence and about the adverse consequences of these phenomena on the young people in Spain. Recalling that the Defender was elected by the Parliament of Spain, she noted that he was entrusted to investigate and look into human rights violations and human rights issues. In terms of school violence, there had not been many claims received by the Office of the Defender, however, the Office had reason to believe that there were many such cases. The Defender had taken the initiative of studying this problem in depth in coordination with UNICEF’s Office in Spain. Raising awareness and assistance to parents and teachers were areas which were being explored to achieve objectives to eradicate school violence. In the course of 1999 there was a study conducted which revealed that the situation in Spain had not reached alarming levels such as in other countries, although it was determined that school violence needed to be monitored closely.

Turning to television as an educational tool and “television trash”, she said the Defender’s Office believed that the root of the problem lay in the public authorities who had jurisdiction to censor programming unfit for young viewers. There were calls for an independent body with the ability to sanction offences to protect young people from this phenomenon. A self-regulation code was being considered as well. Recently in February, as a result of a recommendation by the Defender, an audio-visual council was being pursued to force community legislation on such programming. There was hope that this initiative would take concrete shape to ensure that the programming during prime time hours was appropriate for all audiences.

JOEL THORAVAL, of France - Commission Consultative des Droits de l'Homme, noted that, given the gap between the principles set out in the Universal Declaration of Human Rights and the reality of today’s world, the Commission had expressed concern about the universality, indivisibility and effectiveness of human rights during an internal seminar in March. At a time when tendencies to reinterpret, or even to rewrite, the Universal Declaration were being manifested, it was necessary to recall the principle, reaffirmed by at the 1993 Vienna Conference, that all human rights were universal, indivisible, interdependent and interlinked, and to denounce the growing gap between those principles and everyday reality. Regarding proposals to reform the Commission on Human Rights, the French Commission emphasized the need to maintain the existing importance given to national institutions and non-governmental organizations for the promotion and protection of human rights, and even to increase it. Similarly, the special procedures and independent experts of the Commission on Human Rights should be preserved, and the Office of the High Commissioner for Human Rights must be given responsibility to implement the decisions taken by the Commission.

The fight against racism, racial discrimination and xenophobia was also a priority for the French Commission, he said. Each year, a report on follow-up to the Durban Conference was submitted to the French Government. In 2004, it had been seen that racism, in all its forms, had clearly been on the rise. However, public authorities and specialized institutions had also been mobilized to counter that trend, and there had been a growing resistance in the judicial sphere. The propagation of racism on the Internet had been investigated, and a list of all Internet websites that trafficked hate and racism had been compiled. It was to be hoped that international efforts would be taken to counter the trend towards racism on the Internet. A study of human rights in the French prison system had also been undertaken, including regarding the treatment of detained foreigners and minors. The first priority of that report had been to denounce any torture or inhuman or degrading treatment, but emphasis had also been given to the concept that all detainees had rights that could only be limited by legislation. The study had led to constructive dialogue between the prison administration and the Ministry of Justice.

MARGARET SEKAGGYA, of Uganda - Uganda Human Rights Commission, said there had been lots of achievements and challenges in the promotion and protection of human rights in Uganda. There were various human rights issues affecting the country. There was an increasing awareness of human rights and complaints of human rights violations, as the Commission had been involved in carrying out human rights sensitization workshops. It had released various publications such as the annual report and a monthly magazine, and a number of civil society organizations and non-governmental institutions were involved in carrying out civic and human rights education. Nevertheless, there were still many people who were ignorant of their human rights.

There had been instances where police, security agencies and the army had been accused of the use of excessive force in arresting suspects, which had sometimes resulted in death. Torture had been especially inflicted on robbery, treason and terror suspects, who were tortured in order to obtain information and confessions. There had been, however, a measure of progress in preventing torture and other cruel, inhuman and degrading treatment. In order to make services available to the public, there were a number of regional offices, which had had an impact on the promotion and protection of human rights in the country. In fulfilling its mandate over the last year, the Commission had met various challenges that included but were not limited to the dismal war situation in northern Uganda, the transition to multi-party politics, and the prevailing oppressive cultural and traditional practices.

YOUSEF OBEIDAN, of Qatar - National Human Rights Committee, said the promotion of human rights had been enshrined in the Constitution of Qatar which was adopted in 1992. As a reflection of the State’s interest in human rights and freedoms, the National Committee had been set up in 2002 in order to promote human rights and fundamental freedoms. It had the competency to hear complaints on human rights violations and it also prepared reports concerning the promotion and protection of human rights in Qatar. Moreover, the Committee advised the Government and other national bodies on human rights matters. The Committee started its work in 2004 and had thus far made numerous achievements. The Committee had jurisdiction to hear complaints in all areas pertaining to human rights. Moreover, the Committee had prepared four periodical reports in the past year related to legislative developments, the situation of human rights and the administration of the Committee. They also laid down the recommendations set by the Committee.

The Committee was also active in organizing training courses on human rights, he said. One such training course was a workshop which dealt with strategies to empower civil society to address issues of human rights. The Committee also issued a number of guidebooks and publications on human rights instruments. The Committee examined all legislation related to human rights adopted in Qatar and examined the compatibility of the human rights instruments as well as previous law enacted prior to its constitution. The Committee also paid several visits to places of detention and rehabilitation centres in the State. It concluded that the State’s prisons had adhered to international human rights standards. Qatar had also joined many human rights instruments and had participated in numerous international conferences on human rights.

BOEL SAMBUC, of Switzerland - Commission federale contre le racisme, said that 10 years after having acceded to the International Convention Against all Forms of Racial Discrimination, a large part of the Swiss population had not yet adequately acknowledged the phenomenon of racism, nor was the need for active policies against racism recognized, which led to their being under-funded. There was no national body to monitor racist acts, no civil legislation against racism, no ability to bring class action lawsuits against discrimination and no mechanism to bring complaints against the police. The overall problem was one of a lack of genuine coordination between the Confederation and the cantons. And, in some areas, the State itself contributed to institutional inequality, especially regarding migration and the policy on foreigners. The policy of distinguishing between “good” and “not so good” foreigners had contributed to prejudice and xenophobia. The Committee on the Elimination of Racial Discrimination had recently cited the Durban Declaration, saying that xenophobia could lead to discriminatory xenophobic practices. In that regard, the die-hard attitude of right wing conservative parties totally opposed to the existence of the Swiss Commission against racism was worrisome.

Minimal existing limits on racist propaganda should not be abolished, he added. The whipping up of racist fear had led some to vote for these right-wing parties. The Commission had denounced political statements based on xenophobia, anti-Black racism and religious intolerance, particularly against Muslims. Such racist propaganda had led to the failure of a referendum on easing nationalization laws for the young of the second or third generation in Switzerland, and to a toughening of legislation of the right to asylum, at the same time that the number of asylum seekers had dropped. Racism against black people, whether Swiss or foreign, had become a cause for concern, as was the lack of places of worship for Muslims, and the lack of parking spaces for foreigners. In one case, 8,000 individuals had recently been denied the right to asylum, and one canton had even refused to issue birth certificates to newborns from this population. The federal Government had ruled that this constituted a violation of the law. The entire situation had led to a clash between the judicial and legislative branches, and had engendered a national discussion on issues of ethics and national and international law. On a positive note, the native population of Switzerland continued to coexist peacefully with a foreign population of some one million, and there were no problems as yet with the wearing of the Islamic veil, which was dealt with at cantonal level.

HARITINI DIPLA, of Greece - Hellenic Republic National Commission for Human Rights, said during the past year, Greece's National Commission for Human Rights had delivered opinions on various human rights issues and had organised several activities. It considered the interaction between national institutions and regional organizations a very important process within which partnerships could be developed and a favourable environment created for consultation and cooperation. The Greek Commission had made two particular contributions to two regional organizations: the European Union and the Council of Europe.

Regarding the contribution to the European Union, it had welcomed the initiative of transforming the European Monitoring Centre on Racism and Xenophobia into a Fundamental Rights Agency, and had presented comments to the European Group of National Institutions, with the aim of adopting a common position. Regarding the activities of the Council of Europe, in the context of the elaboration of a new European Convention for the Prevention of Terrorism, a common position had been formulated with the European Coordinating Group of National Institutions. A second input concerned recommendations on ways and means to accelerate the procedure before Greek Courts, in compliance with the European Convention on Human Rights and the relevant case-law of the European Court of Human Rights.

LARISA ALAVERDYAN, of Armenia - Human Rights Defender, said while domestic societies were considered invaluable for the institutional formation of human rights defending mechanisms, the United Nations machinery for human rights, in particular the Office of the High Commissioner for Human Rights with its advisory and practical assistance, greatly contributed to the domestic efforts of Armenia. The Human Rights Defender in Armenia was expanding its engagements in international cooperation frameworks of national institutions. The Defender was at the stage of strengthening its institutional capacities in compliance with the Paris Principles. It therefore sought extensive partnership and assistance from national institutions. The Human Rights Defender was committed to significantly promote regional cooperation of national institutions which were key players in promoting regional dialogue and expanding contacts between societies.

The Defender, in cooperation with UNESCO, had initiated the international conference on tolerance and struggle against discrimination and xenophobia in the context of the fight against international terrorism, she said. The Conference would be held in Armenia in May this year. The establishment of the new institution had been a process of intensive political discussions and broad participation. Through dialogue, and often debates, through substantial disagreements with the State structures and gradual consensus building, the Office had been shaping its human rights agenda. It was hoped that the establishment of the Office of the Defender in Armenia would help foster the respect and protection of human rights and the rule of law in Armenia, she added.

WALDO ALBARRACIN SANCHEZ, of Bolivia - Defensor del Pueblo, said that the international community knew well that one major challenge facing democratic States had been to find tools to achieve peace and security, especially in the face of internal and external conflicts that gave rise to renewed challenges, including impunity. The Rome Statute had, however, made it possible, for the first time, to bring individuals before international courts. In ratifying the Statute, Bolivia had showed the goodwill to contribute to the struggle against impunity, war crimes and crimes against mankind.
The United States, however, continued to oppose international will on the Rome Statute, he noted. The Bolivian Government had signed a bilateral agreement of immunity from prosecution with the United States, which was in reality a unilateral commitment, as none of Bolivia’s commitments had been mirrored on the other side. The Congress had ratified that agreement without any consultation with the people of the country. The bilateral agreement had yet not become binding because of the population’s opposition, but the United States had used economic and other coercive measures against Bolivia. The situation had become so intolerable, that Government Ministers had warned the people that they would have to choose between satisfying their stomachs or their dignity. Bolivia had attempted to contribute to the struggle against impunity, but had instead been the victim of blackmail by the richest country in the world. Bolivia was now contributing to upholding impunity. The international community should join together to protect poor countries that wished to end impunity, and to promote justice, strengthen the rule of law, and bring about conditions of equality among states. There must be mechanisms to remedy this pressure, and to ensure full respect for the Rome Statute of the International Criminal Court.

ELLA PAMFILOVA , of Russian Federation - Presidential Council on the Promotion of Development of Civil Society Institutions, said the Presidential Council had acquired a unique experience building relationships between the Government and civil society. Efforts had been made to promote human rights and to ensure that the citizens of the Russian Federation were aware of their rights. The Council had received the support of the President on a number of issues to enhance its monitoring mechanisms for prisons. The Council supported all rights of people and believed that non-governmental organizations needed to be supported in their work, especially those working on human rights issues. It was observed that human rights institutions in Russia had not enjoyed popular support in many instances. The role of non-governmental organizations should therefore be strengthened.

The Council was considering expanding its mandate to address issues of taxation of charities. The Council had the mandate to bring issues of human rights to the attention of the President and also to address issues such as disappeared persons, in particular those stemming from the crisis in Chechnya. Efforts were also being made to reverse the problems of violations of the rights of children. In connection with the reforms introduced by the State, the Council intended to present a full report to the President based on feedback on these reforms. The majority of the inhabitants in the Russian Federation associated the rights of people in the territory with democratic principles. People were now learning of their objective and of the rights to which they were entitled. The Council was determined to uphold that objective.

MALICK SOW, of Senegal- Coordonnateur du Comite senegalais des droits de l’homme, said that in few weeks time the Senegalese Committee would submit its eighth annual report to the President of the Republic. Within the context of the rule of law, strengthening of political life and the fight against impunity, the Committee had made a series of recommendations in the report. Since last year, the Committee had modified its internal rules to put in place a procedure of rapid reaction with regard to emergency cases that required the Committee’s intervention. Experience had shown that such a rapid procedure, in certain cases, had attained its objective. The Committee was operating correctly, thanks to the human and financial means made available to it by the State. That, however, did not mean that the Committee was free from operational problems. The regional branches had real problems in functioning correctly due to lack of financial means; some of the recommendations of the Committee were not heeded to; and the decisions taken by the President to strengthen the Committee were not correctly implemented.

All the Committee’s difficulties were not attributed to the Government. Some of the members of the Committee did not have the required competence to effectively contribute to the functioning of the Committee. While some upheld the role of the Committee, others did not even show interest its work. The voluntary working condition of the Committee might be the cause of such lack of interest. However, a reflection had been engaged in around the overall difficulties of the Committee.

MALICK SOW, of Association francophone des Commissions nationales des droits de l'homme, said the Association had entered its operational phase in which it would implement its Plan of Action, including provision of an human rights library to its members, an online Internet site, a seminar on economic, social and cultural rights, an audiovisual center for the production of materials for human rights education and awareness, and a guide for law enforcement officials. Along the same lines, the forthcoming Congress of the Association would be held from 29 September to 1 October 2005, to address the situation of economic, social and cultural rights in solidarity for sustainable development. The Congress should constitute a turning point, and should produce a catalogue of good practices in human rights education and information.

The Association was proud of its actions to implement the Bamako Ouagadougou Declarations, he said. Overall, the Association’s concept was to use the respective competences of national human rights institutions to consolidate democracy, human rights and the rule of law, to ensure access for all children to full primary education and to eliminate gender disparities, and to reduce poverty in the overall strategy of sustainable development. As part of linguistic and cultural diversity, the Francophone Association wished to reaffirm the need for French, a working language of the United Nations, to be given back its due place in the Organization. This meant restoring a balance that should never have been disrupted in the first place, in the name of liberty, equality, democracy and respect for differences.

ELTAYEB HAROUN ALI, of Sudan - Advisory Council for Human Rights, said the Sudan was one of the first countries to establish a human rights institution. The former institution prior to the Advisory Council, which was disbanded in 1969 following the military coup, had been charged with providing advice to the State and presenting reports on issues of human rights. The Advisory Council for Human Rights had been set up and thus became the focal point for the State to investigate human rights violations; it was also mandated to submit recommendations. The Council in effect became the State’s mechanism to implement human rights decisions.

The State’s efforts to cooperate with the High Commissioner for Human Rights were furthered through a number of workshops run by the State which aimed to draft a plan to establish an additional human rights body to enhance cooperation in that regard, he said. The workshops dealt with the issue of the criteria of the Council and its future mandate. The workshops had drafted a law in order to establish the institution in line with the Paris Principles. In May 2004, the Sudanese Parliament had approved the law on the establishment of the Office of the National Committee for Human Rights. The mandate of the National Committee was to provide advice to the Government and to prepare reports to all relevant parties. It also encouraged the State to adhere to international human rights treaties as well as cooperation with national, regional and international actors. The Council was comprised of 27 commissioners; immunity was afforded to all the commissioners. The adoption of the law was a major achievement to promote and protect human rights in the Sudan.

SYLVIE KAYITESI ZAINABO, of Rwanda - Commission Nationale des Droits de la Personne, said since its creation in 1999, the mandate of the Commission had been reinforced thanks to the country’s Constitution of June 2003. The Commission submitted its annual reports to Parliament and it was accountable to that body. The report presented to Parliament last year had had a great impact on the human rights situation of persons in the country. The Commission’s recommendations were taken into consideration by Parliament, which in turn transmitted them to the Government with the view to their implementation. According to the report, the human rights situation in the country had tangibly improved. Most of the cases treated, particularly those concerning illegal arrests and detentions, were positively resolved, thanks to the intervention of the Commission. Economic violations had been resolved through the Commission’s mediation efforts. The Commission would continue to carry out awareness raising and concrete actions with regard to the promotion and protection of human rights.

The Rwandan Constitution guaranteed civil and political rights, and the right to freedom of opinion and expression was respected by the State institutions. The private press was functioning freely, and many private newspapers were flourishing, as well as private radio stations. All Rwandans were free to create associations and pursue their activities. The allegations by some non-governmental organizations (NGOs) that some NGOs in Rwanda were not allowed to function freely were baseless. Those NGOs did not realize the achievements made in the respect and promotion of human rights in country since the end of the genocide in 1994.

VOLMAR ANTONIO PEREZ ORTIZ, of Colombia - Defensoria del Puebolo, said the Defender’s Office had been established in 1991, in conformity with the Constitution, and recognized a broad charter of rights for all Colombians, including Colombians abroad. The Office had connections in all spheres of public power, and served as a strategic ally of the citizenry to guarantee their rights in a tangible manner. Colombia been going through a complex, dynamic, and frequently violent period, and the situation was difficult to diagnose. Illegal armed groups were feeding on that complex situation, using it to fuel the conflict. The Office worked continually to reorient its activities and to adapt to ever more complex challenges. Among its activities figured humanitarian mediation to reach actors in the conflict, and to ensure respect for international humanitarian law norms. The Office also worked to obtain the release of hundreds of individuals, who had been unjustly deprived of their freedom. It also had the responsibility to provide early warning of incursions against civilians by illegal armed groups, and to provide geographical analysis of information and assistance to civil society organizations working in those areas.

Regarding the forced displacement of civilians, the Defender’s Office had established programmes to protect especially vulnerable groups, with the support of the Office of the High Commissioner for Refugees, he said. Conditions of poverty were also a source of instability, and the Office had been involved in measures to promote the effective exercise of economic, social and cultural rights, particularly in regard of the rights to education, food security, health and housing, in order to make the most effective use of public resources. In close connection with this strategy, the Office had looked at the situation of ethnic minorities and indigenous peoples, who showed high degree of deprivation due to the activities of illegal armed groups, including through forced recruitment and the disappearance of leaders. The Office also sought to ensure access to justice and defense, to monitor conditions of detention, and to develop curricula for human rights education at the primary and secondary levels.

MPINGA TSIMBASU, of Democratic Republic of Congo - Observatoire National des Droits de l'Homme, said the creation of the National Observatory for Human Rights was closely linked to the events of two wars, which tore the country apart, and recognition of the need to rebuild the State, in terms of implementing the rule of law. Five institutions were eventually established, one of which was the Observatory. The two wars served as a wake up call to the situation of human rights in the Democratic Republic of Congo. The speaker noted that there was never really a culture of human rights in the Democratic Republic of Congo; dating back to the days of slavery, the people of the Democratic Republic of Congo had often been victims to human rights abuses. The National Observatory provided advice and opinions on human rights matters. As a supervisory body, the Observatory helped form Government policies, denounced all human rights violations, and sought corrective measures in that regard.

A three-fold action programme was put into place. Among other things, the programme led to the creation of a human rights awareness campaign, which was currently underway in the capital. Moreover, the Observatory, in May this year, would organize a training course for public officials. Complaints about Democratic Republic of Congo officers in Goma had been pursued by the Observatory, as well as injustices committed against students in Bukavu. The looting of natural resources was also a matter to which attention was being devoted. The Observatory had suffered counteraction from people in the Government who represented the former belligerent forces of the State. The composition of the Observatory and the dedication of its staff had allowed it to pursue its many human rights objectives.

NYANAA MUNKHBAT, of Mongolia - National Human Rights Commission, said the Mongolian Commission had a broad human rights mandate and was independent from the executive branch of Government. The Commission reported annually to Parliament on the status of human rights in the country. The annual report was made public. The main human rights challenges faced by Mongolia were a result of the dramatic increase in poverty levels during the transition to democracy, as social protection mechanisms made available by the previous regime were not replaced. Over 30 per cent of the population lived below the poverty line with little access to healthcare, social security, education and other public services that ought to ensure basic needs of the right holders. Street children lived in the sewers of Ulaanbaatar. There was ongoing gender inequality, widespread lack of human rights awareness among the general public and of human rights responsibilities among duty bearers. Conditions in detention centres and prisons were far below national standards. There were human abuses by the police, including ill treatment, arbitrary detention and forced confessions. All those practices could describe the country as being “on the brink” of further human rights deterioration and resulting instability.

From its examinations, the Mongolian Commission said that human rights violations in the administration of criminal justice had been recognized as the most serious human rights challenge in Mongolia. At present, the Commission had launched the first ever public inquiry in relation to torture and other cruel, inhumane and degrading treatment or punishment. The inquiry had been designed to both accumulate political will to bring about change in a pro-active manner and to educate the public on their human rights and ways to stand up for their rights.


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