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SUB-COMMISSION ON THE PROMOTION AND PROTECTION OF HUMAN RIGHTS OPENS FIFTY-SIXTH SESSION
26 July 2004
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26.07.2004
High Commissioner for Human Rights Addresses the Sub-Commission
The Sub-Commission on the Promotion and Protection of Human Rights this morning opened its fifty-sixth session, hearing United Nations High Commissioner for Human Rights Louise Arbour speak about the multiplicity of human rights violations that the world continued to face.
The world faced many challenges brought about by terrorism, conflicts, and also, by poverty, inequality, discrimination, violence against women, trafficking, displaced persons, injustice and impunity, said Ms. Arbour. None could stay silent in the face of these violations, and the defense of human rights was a shared responsibility, a responsibility which needed to be embraced with the utmost seriousness and commitment.
The implementation of international human rights instruments required that appropriate channels be found for the promotion and protection of human rights at the national and local levels, Ms. Arbour said, and the development of strong capacities at the national level should not be neglected.
The Sub-Commission was also addressed by Halima Embarek Warzazi, outgoing Chairperson of the fifty-fifth session of the Sub-Commission, Soli Jehangir Sorabjee, the incoming Chairperson of the fifty-sixth session of the Sub-Commission, and Mike Smith, Chairperson of the sixtieth session of the Commission on Human Rights.
Ms. Warzazi spoke of the situation of human rights in the world, which had only become worse over the year since the last session. She asked what could be said when the right to life was denied every day by a State which was practicing a scorched earth policy with regard to a population that was reduced to terrible living conditions. What, she asked, had been the reaction of those who worked to detect and condemn flagrant and massive violations of human rights- this, she said, was the issue that all those present in the room would have to answer with courage and without ambiguity.
Mr. Sorabjee was elected as Chairperson of the Sub-Commission. The three elected Vice-Chairpersons were Lalaina Rakotoarisoa of Madagascar (Africa), Antoanella-Iulia Motoc of Romania (Eastern Europe), and Francoise Jane Hampson of the United Kingdom (Western Europe). The election of the Rapporteur was postponed until Tuesday, 27 July due to the absence of the Expert who would be proposed by the Latin American group.
Mr. Sorabjee said there could be no rigid hierarchy of human rights; perceptions might differ about the priorities to be accorded to human rights violations. At present, the greatest threat to human rights was from indiscriminate and mindless terrorism, and also from measures adopted purportedly to counter terrorism, which in some cases were in total violation of international human rights standards and the basic principle of the rule of law. Another menace which needed to be eliminated was the virus of intolerance.
Mike Smith, Chairperson of the sixtieth session of the Commission on Human Rights, said the Sub-Commission was a valuable part of the United Nations human rights system, contributing to the elaboration of human rights standards and the promotion and protection of human rights throughout the world, as well as providing the Commission with necessary intellectual support. The Commission was committed to supporting the work of the Sub-Commission, and would continue to give it all necessary help.
Issues on the Sub-Commission's agenda for this year's session, which was adopted at the opening meeting, include questions related to the administration of justice, economic, social and cultural rights, prevention of discrimination and protection of indigenous peoples and minorities, women, slavery, and terrorism.
The next public plenary of the Sub-Commission will be at 3 p.m. on Tuesday, 27 July, when it will start its debate on the question of the violation of human rights and fundamental freedoms, including policies of racial discrimination and segregation, in all countries, with particular reference to colonial and other dependent countries and territories.
Statements
HALIMA EMBAREK WARZAZI, Outgoing Chairperson of the Fifty-fifth Session of the Sub-Commission on the Promotion and Protection of Human Rights, welcomed the new High Commissioner for Human Rights, saying that the current human rights situation would require her unstinting commitment, as well as great courage for carrying out the heavy task given to her. At the end of the last session, all Sub-Commission participants had had a feeling of satisfaction with the results that had been obtained. One of the results of which everyone should be proud was the adoption of norms and standards defining the responsibilities of transnational corporations with respect to human rights and the respect thereof, a topic which had also drawn the attention of the General Assembly. She recalled that at the request of the President of the Second Committee, she had made a presentation on the work of the Sub-Commission on this topic.
There was a clear need for transnational corporations to respect the standards set by the Sub-Commission, in particular in the situation of armed conflict, Ms. Warzazi said, adding that she had also met with representatives of organizations having relations with transnational corporations. One of the problems was the difficulty of implementing human rights in countries in conflict or where the Head of State himself was violating human rights. There was a need for further work in this area, and in several different fields, including those of work and the environment in the context of human rights. The representatives of the organizations with relations with transnational corporations had even urged for a resolution by the General Assembly which would recognize the existence of specific situations creating an absence of authority in a country and which would urge international entrepreneurs to undertake their commercial activities in a context of conformity with international conventions.
Ms. Warzazi said that during last year’s session, she had noted that the world faced a situation of great concern. The irony of this situation lay in that a number of countries and governments had found themselves denied those models which they had urged others to follow for years in order to promote and protect human rights. Things had only gotten worse this year. The atrocious scenes that had been witnessed were grave tests for the conscience of those who had worked for decades to see the triumph of human rights and the condemnation of torture. What could be said when the right to life was denied every day by a State which was practicing a scorched earth policy with regard to a population that was reduced to terrible living conditions. What, she asked, had been the reaction to the photographs of torture by those who worked to detect and condemn flagrant and massive violations of human rights. This was the issue that all those present in the room would have to answer with courage and without ambiguity.
LOUISE ARBOUR, United Nations High Commissioner for Human Rights, said that since its establishment, the Sub-Commission had played an extremely important role within the United Nations in the promotion and protection of human rights, providing the United Nations with useful recommendations on the promotion, protection and prevention of violations of human rights. These included the elaboration of international standards and the development of the understanding of human rights through the study of new issues. The High Commissioner said that she was fully committed to the necessity of addressing the chronic hardship experienced by millions of people, especially those living in isolated areas or belonging to rural communities who suffered from extreme poverty and deprivation.
The year since the Sub-Commission had last met had seen many abuses of human rights. The world continued to face challenges brought about by terrorism, conflicts, and also, by poverty, inequality, discrimination, violence against women, trafficking, displaced persons, injustice and impunity. None could stay silent in the face of these violations, she said, noting that as High Commissioner she would endeavour to be attentive to all human rights problems, the chronic ones as well as the ones highlighted by acute crises. Human rights defenders provided invaluable involvement as they worked to safeguard the rule of law, to reduce violence, poverty and discrimination, and to build structures for freer, more equitable and more democratic societies. The defence of human rights was a shared responsibility, a responsibility which needed to be embraced with the utmost seriousness and commitment.
The implementation of international human rights instruments also required that appropriate channels be found for the promotion and protection of human rights at the national and local levels. Whatever was done in Geneva or New York, which should certainly not be undervalued, it had to be accompanied by the development of strong capacities at the national level. Finally, Ms. Arbour said, she wished to express her sincere appreciation for the determination and commitment of the Sub-Commission in the promotion and protection of human rights. When going through the numerous resolutions and decisions adopted throughout the years in so many different areas of work, one was struck by the amplitude of the challenges ahead, particularly in terms of their implementation. It needed to be ensured that the deliberations were not purely of a declaratory nature, but, on the contrary, proposed realistic and constructive solutions to contemporary problems, no matter how intractable they appeared at first sight.
SOLI J. SORABJEE, Incoming Chairperson of the Fifty-Sixth Session of the Sub-Commission on the Promotion and Protection of Human Rights, said the Sub-Commission’s role and activities had vastly expanded in recent years. Its areas of concerns had widened substantially. The Sub-Commission at its fifty-fifth session had adopted 30 resolutions and 17 decisions. Some of the resolutions had dealt with subjects like the promotion of the realization of the right to drinking water and sanitation; corruption and its impact on the full enjoyment of human rights; responsibilities of transnational corporations and other business enterprises with regard to human rights; prohibition of forced evictions; the rights of non-citizens; discrimination based on work and descent; human rights implications, particularly for indigenous people, of disappearances of States for environmental reasons; human rights and bioethics; terrorism, counter terrorism and human rights; systemic rape, sexual slavery and slavery-like practices; the universal implication of international human rights treaties; and harmful traditional practices affecting the health of women and the girl child.
Economic, social and cultural rights had increasingly and rightly engaged the attention of the Sub-Commission, Mr. Sorabjee said. Several resolutions were passed under agenda item 4 on these rights. The Social Forum, which was an initiative of the Sub-Commission, addressed themes that were extremely important and wide ranging and included the interaction between civil, political, economic, social and cultural rights; the relationships between poverty, extreme poverty and human rights in a globalized world; analysis of the impact of international trade, finance and economic policies on vulnerable groups, especially minorities, indigenous peoples, migrants, refugees and internally displaced persons, women, children, older persons, people living with HIV/AIDS, people with disabilities and other social sectors by such measures; and the impact of public and private, multilateral and bilateral international development cooperation on the realization of economic, social and cultural rights.
Mr. Sorabjee said there could be no rigid hierarchy of human rights. Perceptions might differ about the priorities to be accorded to human rights violations. At present, the greatest threat of human rights was from indiscriminate and mindless terrorism as well as from measures adopted purportedly to counter terrorism, which in some cases were in total violation of international human rights standards and the basic principle of the rule of law. Beheading of innocent hostages was indeed barbaric but how did one describe the flagrant and shameful abuse of the human rights of the detainees in Iraq. The Sub-Commission might well devote its time and energy in making concrete and realistic recommendations to prevent recurrence of such horrific incidents.
Another menace, which needed to be eliminated, was the virus of intolerance, Mr. Sorabjee said. That stemmed from an invincible assumption of the wisdom and infallibility of one’s beliefs and policies and the mind set that regarded any questioning of those cherished beliefs as pernicious and subversive. Any criticism of the government or opposition to its policies was treated as disloyalty and even as treason. Freedom to dissent and freedom for the thought one hated was an indispensable requirement of democracy. Punishing dissenters for their nonconformist opinion was a serious violation of freedom of speech and expression so essential for the progress of humanity. One should stamp out that “intellectual terrorism” lest one slide into the Dark Ages and revive the spirit of the inquisition.
MIKE SMITH, Incoming Chairperson of the Sixtieth Session of the Commission on Human Rights, said he was pleased to have the opportunity to talk to the Sub-Commission, since such meetings usefully enhanced cooperation and improved communication. This year, the Commission had expressed its respect and appreciation for the work done by the Sub-Commission and it’s members. The Commission had taken a number of decisions with regard to the Sub-Commission and it’s work, projects and plans, including recommendations on an International Decade for Human Rights Defenders; the rights of indigenous peoples and the need for the Sub-Commission to produce a report on their situation; and the need to pay due attention and to contribute towards the implementation of the Commission’s resolution on the need for a democratic international order.
The views of the Commission were reflected in its resolution number 60 on the work of the Sub-Commission. The Commission had welcomed the improved working methods of the Sub-Commission, and recommended that it continue at its future sessions the successful innovations of the fifty-third session. The Commission had also recommended that the Sub-Commission continue the improvement of its work, which included the avoidance of duplication of work, the holding of closed sessions, and which were aimed at improving the work of the Sub-Commission, and this without any intention of circumscribing its work.
Mr. Smith looked forward to comments made by the members of the Sub-Commission, which was a valuable part of the United Nations human rights system, contributing to the elaboration of human rights standards and the promotion and protection of human rights throughout the world and providing the Commission with necessary intellectual support. The Commission was committed to supporting the work of the Sub-Commission, and would continue to give it all necessary help.
High Commissioner for Human Rights Addresses the Sub-Commission
The Sub-Commission on the Promotion and Protection of Human Rights this morning opened its fifty-sixth session, hearing United Nations High Commissioner for Human Rights Louise Arbour speak about the multiplicity of human rights violations that the world continued to face.
The world faced many challenges brought about by terrorism, conflicts, and also, by poverty, inequality, discrimination, violence against women, trafficking, displaced persons, injustice and impunity, said Ms. Arbour. None could stay silent in the face of these violations, and the defense of human rights was a shared responsibility, a responsibility which needed to be embraced with the utmost seriousness and commitment.
The implementation of international human rights instruments required that appropriate channels be found for the promotion and protection of human rights at the national and local levels, Ms. Arbour said, and the development of strong capacities at the national level should not be neglected.
The Sub-Commission was also addressed by Halima Embarek Warzazi, outgoing Chairperson of the fifty-fifth session of the Sub-Commission, Soli Jehangir Sorabjee, the incoming Chairperson of the fifty-sixth session of the Sub-Commission, and Mike Smith, Chairperson of the sixtieth session of the Commission on Human Rights.
Ms. Warzazi spoke of the situation of human rights in the world, which had only become worse over the year since the last session. She asked what could be said when the right to life was denied every day by a State which was practicing a scorched earth policy with regard to a population that was reduced to terrible living conditions. What, she asked, had been the reaction of those who worked to detect and condemn flagrant and massive violations of human rights- this, she said, was the issue that all those present in the room would have to answer with courage and without ambiguity.
Mr. Sorabjee was elected as Chairperson of the Sub-Commission. The three elected Vice-Chairpersons were Lalaina Rakotoarisoa of Madagascar (Africa), Antoanella-Iulia Motoc of Romania (Eastern Europe), and Francoise Jane Hampson of the United Kingdom (Western Europe). The election of the Rapporteur was postponed until Tuesday, 27 July due to the absence of the Expert who would be proposed by the Latin American group.
Mr. Sorabjee said there could be no rigid hierarchy of human rights; perceptions might differ about the priorities to be accorded to human rights violations. At present, the greatest threat to human rights was from indiscriminate and mindless terrorism, and also from measures adopted purportedly to counter terrorism, which in some cases were in total violation of international human rights standards and the basic principle of the rule of law. Another menace which needed to be eliminated was the virus of intolerance.
Mike Smith, Chairperson of the sixtieth session of the Commission on Human Rights, said the Sub-Commission was a valuable part of the United Nations human rights system, contributing to the elaboration of human rights standards and the promotion and protection of human rights throughout the world, as well as providing the Commission with necessary intellectual support. The Commission was committed to supporting the work of the Sub-Commission, and would continue to give it all necessary help.
Issues on the Sub-Commission's agenda for this year's session, which was adopted at the opening meeting, include questions related to the administration of justice, economic, social and cultural rights, prevention of discrimination and protection of indigenous peoples and minorities, women, slavery, and terrorism.
The next public plenary of the Sub-Commission will be at 3 p.m. on Tuesday, 27 July, when it will start its debate on the question of the violation of human rights and fundamental freedoms, including policies of racial discrimination and segregation, in all countries, with particular reference to colonial and other dependent countries and territories.
Statements
HALIMA EMBAREK WARZAZI, Outgoing Chairperson of the Fifty-fifth Session of the Sub-Commission on the Promotion and Protection of Human Rights, welcomed the new High Commissioner for Human Rights, saying that the current human rights situation would require her unstinting commitment, as well as great courage for carrying out the heavy task given to her. At the end of the last session, all Sub-Commission participants had had a feeling of satisfaction with the results that had been obtained. One of the results of which everyone should be proud was the adoption of norms and standards defining the responsibilities of transnational corporations with respect to human rights and the respect thereof, a topic which had also drawn the attention of the General Assembly. She recalled that at the request of the President of the Second Committee, she had made a presentation on the work of the Sub-Commission on this topic.
There was a clear need for transnational corporations to respect the standards set by the Sub-Commission, in particular in the situation of armed conflict, Ms. Warzazi said, adding that she had also met with representatives of organizations having relations with transnational corporations. One of the problems was the difficulty of implementing human rights in countries in conflict or where the Head of State himself was violating human rights. There was a need for further work in this area, and in several different fields, including those of work and the environment in the context of human rights. The representatives of the organizations with relations with transnational corporations had even urged for a resolution by the General Assembly which would recognize the existence of specific situations creating an absence of authority in a country and which would urge international entrepreneurs to undertake their commercial activities in a context of conformity with international conventions.
Ms. Warzazi said that during last year’s session, she had noted that the world faced a situation of great concern. The irony of this situation lay in that a number of countries and governments had found themselves denied those models which they had urged others to follow for years in order to promote and protect human rights. Things had only gotten worse this year. The atrocious scenes that had been witnessed were grave tests for the conscience of those who had worked for decades to see the triumph of human rights and the condemnation of torture. What could be said when the right to life was denied every day by a State which was practicing a scorched earth policy with regard to a population that was reduced to terrible living conditions. What, she asked, had been the reaction to the photographs of torture by those who worked to detect and condemn flagrant and massive violations of human rights. This was the issue that all those present in the room would have to answer with courage and without ambiguity.
LOUISE ARBOUR, United Nations High Commissioner for Human Rights, said that since its establishment, the Sub-Commission had played an extremely important role within the United Nations in the promotion and protection of human rights, providing the United Nations with useful recommendations on the promotion, protection and prevention of violations of human rights. These included the elaboration of international standards and the development of the understanding of human rights through the study of new issues. The High Commissioner said that she was fully committed to the necessity of addressing the chronic hardship experienced by millions of people, especially those living in isolated areas or belonging to rural communities who suffered from extreme poverty and deprivation.
The year since the Sub-Commission had last met had seen many abuses of human rights. The world continued to face challenges brought about by terrorism, conflicts, and also, by poverty, inequality, discrimination, violence against women, trafficking, displaced persons, injustice and impunity. None could stay silent in the face of these violations, she said, noting that as High Commissioner she would endeavour to be attentive to all human rights problems, the chronic ones as well as the ones highlighted by acute crises. Human rights defenders provided invaluable involvement as they worked to safeguard the rule of law, to reduce violence, poverty and discrimination, and to build structures for freer, more equitable and more democratic societies. The defence of human rights was a shared responsibility, a responsibility which needed to be embraced with the utmost seriousness and commitment.
The implementation of international human rights instruments also required that appropriate channels be found for the promotion and protection of human rights at the national and local levels. Whatever was done in Geneva or New York, which should certainly not be undervalued, it had to be accompanied by the development of strong capacities at the national level. Finally, Ms. Arbour said, she wished to express her sincere appreciation for the determination and commitment of the Sub-Commission in the promotion and protection of human rights. When going through the numerous resolutions and decisions adopted throughout the years in so many different areas of work, one was struck by the amplitude of the challenges ahead, particularly in terms of their implementation. It needed to be ensured that the deliberations were not purely of a declaratory nature, but, on the contrary, proposed realistic and constructive solutions to contemporary problems, no matter how intractable they appeared at first sight.
SOLI J. SORABJEE, Incoming Chairperson of the Fifty-Sixth Session of the Sub-Commission on the Promotion and Protection of Human Rights, said the Sub-Commission’s role and activities had vastly expanded in recent years. Its areas of concerns had widened substantially. The Sub-Commission at its fifty-fifth session had adopted 30 resolutions and 17 decisions. Some of the resolutions had dealt with subjects like the promotion of the realization of the right to drinking water and sanitation; corruption and its impact on the full enjoyment of human rights; responsibilities of transnational corporations and other business enterprises with regard to human rights; prohibition of forced evictions; the rights of non-citizens; discrimination based on work and descent; human rights implications, particularly for indigenous people, of disappearances of States for environmental reasons; human rights and bioethics; terrorism, counter terrorism and human rights; systemic rape, sexual slavery and slavery-like practices; the universal implication of international human rights treaties; and harmful traditional practices affecting the health of women and the girl child.
Economic, social and cultural rights had increasingly and rightly engaged the attention of the Sub-Commission, Mr. Sorabjee said. Several resolutions were passed under agenda item 4 on these rights. The Social Forum, which was an initiative of the Sub-Commission, addressed themes that were extremely important and wide ranging and included the interaction between civil, political, economic, social and cultural rights; the relationships between poverty, extreme poverty and human rights in a globalized world; analysis of the impact of international trade, finance and economic policies on vulnerable groups, especially minorities, indigenous peoples, migrants, refugees and internally displaced persons, women, children, older persons, people living with HIV/AIDS, people with disabilities and other social sectors by such measures; and the impact of public and private, multilateral and bilateral international development cooperation on the realization of economic, social and cultural rights.
Mr. Sorabjee said there could be no rigid hierarchy of human rights. Perceptions might differ about the priorities to be accorded to human rights violations. At present, the greatest threat of human rights was from indiscriminate and mindless terrorism as well as from measures adopted purportedly to counter terrorism, which in some cases were in total violation of international human rights standards and the basic principle of the rule of law. Beheading of innocent hostages was indeed barbaric but how did one describe the flagrant and shameful abuse of the human rights of the detainees in Iraq. The Sub-Commission might well devote its time and energy in making concrete and realistic recommendations to prevent recurrence of such horrific incidents.
Another menace, which needed to be eliminated, was the virus of intolerance, Mr. Sorabjee said. That stemmed from an invincible assumption of the wisdom and infallibility of one’s beliefs and policies and the mind set that regarded any questioning of those cherished beliefs as pernicious and subversive. Any criticism of the government or opposition to its policies was treated as disloyalty and even as treason. Freedom to dissent and freedom for the thought one hated was an indispensable requirement of democracy. Punishing dissenters for their nonconformist opinion was a serious violation of freedom of speech and expression so essential for the progress of humanity. One should stamp out that “intellectual terrorism” lest one slide into the Dark Ages and revive the spirit of the inquisition.
MIKE SMITH, Incoming Chairperson of the Sixtieth Session of the Commission on Human Rights, said he was pleased to have the opportunity to talk to the Sub-Commission, since such meetings usefully enhanced cooperation and improved communication. This year, the Commission had expressed its respect and appreciation for the work done by the Sub-Commission and it’s members. The Commission had taken a number of decisions with regard to the Sub-Commission and it’s work, projects and plans, including recommendations on an International Decade for Human Rights Defenders; the rights of indigenous peoples and the need for the Sub-Commission to produce a report on their situation; and the need to pay due attention and to contribute towards the implementation of the Commission’s resolution on the need for a democratic international order.
The views of the Commission were reflected in its resolution number 60 on the work of the Sub-Commission. The Commission had welcomed the improved working methods of the Sub-Commission, and recommended that it continue at its future sessions the successful innovations of the fifty-third session. The Commission had also recommended that the Sub-Commission continue the improvement of its work, which included the avoidance of duplication of work, the holding of closed sessions, and which were aimed at improving the work of the Sub-Commission, and this without any intention of circumscribing its work.
Mr. Smith looked forward to comments made by the members of the Sub-Commission, which was a valuable part of the United Nations human rights system, contributing to the elaboration of human rights standards and the promotion and protection of human rights throughout the world and providing the Commission with necessary intellectual support. The Commission was committed to supporting the work of the Sub-Commission, and would continue to give it all necessary help.
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