SUB-COMMISSION ON PROMOTION AND PROTECTION OF HUMAN RIGHTS OPENS FIFTY-FOURTH SESSION

Sub-Commission on Promotion
and Protection of Human Rights
54th session
29 July 2002
Morning

Hears Address by High Commissioner for Human Rights;
Paulo Sergio Pinheiro Elected Chairperson


The Sub-Commission on the Promotion and Protection of Human Rights, the Commission on Human Rights' principal subsidiary body, opened its fifty-fourth session this morning by electing its Bureau and hearing an address by Mary Robinson, the United Nations High Commissioner for Human Rights.
Mrs. Robinson said it was difficult to imagine a year in which more could have happened to alter the context within which the Sub-Commission worked. Following the terrible attacks of 11 September, it was more important than ever to recognize and address the risks posed to human rights by the growing number of anti-terrorism measures being adopted around the world.
The High Commissioner noted that the difficulties faced during the fifty-eighth session of the Commission on Human Rights and the increasing number of issues it dealt with, combined with the possibility of decreased resources, meant that the work of the Sub-Commission had become even more crucial. The Sub-Commission must avoid political and ideological divisions and concentrate on providing high-quality analysis to the Commission.
Sub-Commission Expert Paulo Sergio Pinheiro was elected Chairperson of the session. He said among other things that the goal of equal dignity for all human beings was far from achieved, despite international efforts and the recent World Conference against Racism. Recognizing rather than denying social inequalities and other forms of discrimination was vital for redressing such affronts to the human condition. Mr. Pinheiro joined Mrs. Robinson in expressing concern about terrorism and anti-terrorism measures that could undermine the agenda of cooperation among countries and could erode the foundations of human rights.
Outgoing Chairperson David Weissbrodt echoed that the terrorist attacks of 11 September and their consequences had profoundly affected the work of the Sub-Commission. Some Governments had begun to undermine the important structures of international law and used terrorism and the anti-terrorist measures of other nations as excuses for widespread and serious violations. He urged the Sub-Commission to reaffirm its commitment to human rights treaties and particularly humanitarian law obligations.
Chosen as Vice-Chairpersons by acclamation were Experts Leila Zerrougui, Yozo Yokota, and Vladimir Kartashkin. Emmanuel Decaux was chosen as the Rapporteur of the session.
Krzysztof Jakubowski, Chairperson of the fifty-eighth session of the Commission on Human Rights, said the Commission had, despite time-constraints, considered the work of the Sub-Commission and expressed its appreciation and respect for its valuable assistance. In particular, the Commission had applauded the streamlining of the agenda; the practice of drafting resolutions in private rather than attempting to do so in public meetings; and the use of a "question-and-answer" format in the debates.
The Sub-Commission observed a minute of silence in memory of the victims of all forms of violations of human rights around the world.
The Sub-Commission did not adopt its agenda after some amendments were suggested by Experts, including one on the creation of a separate agenda item on women and human rights. The Sub-Commission will discuss the suggested amendments in a closed meeting this afternoon, as well as decide whether to meet in public or in private at 10 a.m. on Tuesday, 30 July, and which of its sessional Working Groups should meet tomorrow afternoon.
Statements
DAVID WEISSBRODT, outgoing Chairperson of the Sub-Commission, welcomed and congratulated the new members of the Sub-Commission on their election and congratulated incumbent members who had been re-elected for another term. Much had happened since the Sub-Commission last met. Of all developments, the 11 September attacks and their consequences had, at least from the perspective of one year, most profoundly affected the work of the Sub-Commission. Some Governments had begun to undermine the important structures of international law, human rights, and international organizations that had painstakingly been built over the past half-century. These Governments had begun to use terrorism and the anti-terrorist measures of other nations as excuses for widespread and serious violations. The Sub-Commission must reaffirm the nearly universal commitment to human rights treaties and particularly humanitarian law obligations, he said. The framers of the United Nations Charter, the International Bill of Human Rights, and the Geneva Conventions had not believed that human rights and humanitarian law were applicable only in times of peace and order. They had recognized that the only way to achieve peace was through respect for human rights.
Concerning his efforts as Chairperson during the past year, Mr. Weissbrodt said that while the Commission for Human Rights had been experiencing difficulties on some issues, the Commission had been positive about the Sub-Commission's improved working methods, particularly its expert panel discussions, use of closed meetings, streamlined agenda, and interactive discussions. The Commission had recommended that the Sub-Commission continue these successful innovations. This year's session of the Sub-Commission had had a very good start, he said referring to the first ever session of the Social Forum. While there were ten titular members of the Social Forum, more than half of the Sub-Commission had attended at least part of the session. The Social Forum had focused on globalization and human rights as well as poverty reduction and the right to food, with several excellent background documents, panel discussions and important input from non-governmental organizations.
Mr. Weissbrodt concluded by thanking Mary Robinson, the High Commissioner for Human Rights, at her last formal appearance at the Sub-Commission as High Commissioner. She had brought great integrity, competence, and commitment to the cause of human rights. She was a credit to the highest traditions of the United Nations and the human rights movement and had gathered a remarkable leadership in the Office of the High Commissioner.
MARY ROBINSON, United Nations High Commissioner for Human Rights, said it would be difficult to imagine a year in which more could have happened to alter the context within which the Sub-Commission worked. The World Conference against Racism and its Declaration and Programme of Action had provided a new and innovative anti-discrimination agenda whose successful implementation would depend on the active involvement of traditional human rights bodies. The Sub-Commission's participation would be vital and necessary. Shortly after the World Conference came the terrible attacks of 11 September, and it was worth noting that the Sub-Commission had begun studying the relationship between terrorism and human rights several years before the tragedy. Now it was more important than ever to recognize and address the risks posed to human rights by the growing number of anti-terrorism measures being adopted around the world.
A third matter of importance was the difficult fifty-eighth session of the Commission on Human Rights, Mrs. Robinson said; at the session's conclusion she had called for deep reflection by all interested actors, and such reflection was now taking place. Among other things she had established a high-level task force for the purpose. The increasing number of issues with which the Commission was dealing, combined with the possibility of decreased resources, meant that the work of the Sub-Commission became more crucial. To maximize its impact, the Sub-Commission should concentrate on providing high-quality analysis to the Commission. It should avoid political and ideological divisions and operate in accordance with the highest standards of independence and integrity. There was no shortage of issues needing analysis; among them were human rights and biotechnology; transnational corporations and human rights; economic and social rights; the Permanent Forum for Indigenous Populations now established within the United Nations system; and human rights and the environment.
Mrs. Robinson noted that this was her final opportunity to address the Sub-Commission in her role as High Commissioner. She expressed deep appreciation to the Sub-Commission for the support it had provided during her time in office.
PAULO SERGIO PINHEIRO, incoming Chairperson of the Sub-Commission, said the Sub-Commission over the decades had played an extraordinary role in promoting and protecting human rights, setting standards, and raising new issues. It was a valuable forum where States and social organizations could meet and discuss matters of importance. The Sub-Commission had been re-cast in recent years as a "think tank", but had not abandoned its prime concern with both major categories of human rights, and it continued to focus as well on situations in various parts of the world that were not receiving sufficient attention.
The goal of equal dignity for all human beings was still far from achieved, Mr. Pinheiro said, despite international efforts and the recent World Conference against Racism. Racial and other forms of discrimination were a prime violator of human dignity. Recognizing rather than denying social inequalities and other forms of discrimination was vital for redressing such affronts to the human condition.
The topic of terrorism was also at the forefront of the current global situation, Mr. Pinheiro said. He feared that terrorism and efforts to combat it could amount to a new Cold War. Fighting terrorism was difficult, and a major risk was that anti-terrorism measures would undermine the agenda of cooperation among countries and would erode the foundation of human rights which had taken so long to construct. It also was vital to ensure that the root causes of terrorism were considered, and to ensure that other major human rights concerns were not neglected in the rush to combat terrorism. All security measures should be firmly founded in law.
Torture was still widespread and was practised even in democratic countries, Mr. Pinheiro said, and the Commission on Human Rights had been correct in recommending adoption of the draft protocol to the Convention against Torture. The draft had just been approved by the Economic and Social Council, and now had only to be accepted by the General Assembly.
Heightening violence in the occupied Palestinian territories was a matter of great concern, Mr. Pinheiro said, and he was dismayed that the High Commissioner for Human Rights had not been authorized to carry out a fact-finding mission to the region as requested. It was vital and urgent that a peaceful solution be found to the situation in the occupied territories.
Other issues that must be considered included widespread poverty and the increasing gap between the world's rich and poor; inequalities in the globalization process; and the increasing power of transnational corporations.
High Commissioner for Human Rights Mary Robinson, whose term in office would soon end, had played a pivotal role in promoting human rights standards worldwide, Mr. Pinheiro said, and had shown laudable determination, independence and high moral authority in carrying out her work.
KRZYSZTOF JAKUBOWSKI, Chairperson of the fifty-eighth session of the Commission on Human Rights, informed the Sub-Commission about the resolutions and debates that had taken place during the last session of the Commission relating to the work of the Sub-Commission. The Commission had, despite time-constraints, considered the work of the Sub-Commission and expressed its appreciation and respect for its valuable assistance. In particular, the Commission had applauded the streamlining of the agenda; the practice of drafting resolutions in private rather than attempting to do so in public meetings; and the use of a "question-and-answer" format in the debates. During the last session of the Commission it had considered nine proposals by the Sub-Commission on a variety of topics. Of these, three had been adopted as proposed on the realisation of the right to drinking water and sanitation; the holding of the Social Forum; and the rights of non-citizens. A number of other proposals had been subsumed in separate Commission resolutions.
The question of enhancing the effectiveness of working methods continued to occupy the Commission, both with respect to its own working methods and those of the Sub-Commission. A number of recommendations were made by the Commission to the Sub-Commission in this regard, including on the continued use of closed meetings to discuss working rules and procedures, and for drafting resolutions; holding a closed meeting with the Expanded Bureau of the Commission; maintaining a streamlined agenda; focusing on the specific requests of the Commission in its work; facilitating efficient and effective participation of non-governmental organizations; and avoiding duplication of its work with that being carried out by other competent bodies and mechanisms.


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