TWENTY-SIX NATIONAL HUMAN RIGHTS INSTITUTIONS ADDRESS COMMISSION ON HUMAN RIGHTS

Commission on Human Rights
MORNING
13 April 2005

Twenty-six national human rights institutions addressed the Commission on Human Rights this morning, outlining national efforts to ensure the promotion and protection of human rights in their respective countries and elaborating on the main obstacles facing their work.

Speakers for the national human rights institutions noted that 12 years had passed since the United Nations and the Commission had adopted the Paris Principles, recognising the role of national human rights institutions as the key institutions in implanting international human rights principles into the national political discourse, State structures, and moving from speaking about human rights to implementing them.

It was through national human rights institutions that the hopes and aspirations for a better world, some birthed within the Commission on Human Rights itself, were translated into reality, providing an essential link between human rights ideals and the people of the world, it was stressed.

One of the most common problems faced by national human rights institutions was the lack of adequate funds which speakers said affected their work on the promotion and protection of human rights. Most speakers outlined their main areas of work which included combating discrimination against minorities and indigenous peoples, trafficking in human beings, disappearances, illegal detentions, attacks on human rights defenders, recruitment of child soldiers, and torture, among others. Several speakers spoke about the difficulty to ensure that the fight against international terrorism did not infringe on human rights. Others elaborated on obstacles which affected their work

A number of speakers said that national human rights institutions should be allowed to address the Commission on all its agenda items, and not just under its agenda item on the effective functioning of human rights mechanisms.
The following national human rights institutions took the floor today: International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights; Coordinating Committee of African National Human Rights Institutions for the Promotion and Protection of Human Rights; Network of Americas; Asia Pacific Forum of National Human Rights Institutions; European Regional Group; Federación Iberoamericana de Ombudsman; Argentina - Defensor del Pueblo; Venezuela - Defensoría del Pueblo de Venezuela; Australia - Human Rights and Equal Opportunity Commission; India - National Human Rights Commission; Guatemala - Procurador de los Derechos Humanos; Nepal - National Human Rights Commission; Mexico - Comisión Nacional de los Derechos Humanos; Denmark - The Danish Institute for Human Rights; New Zealand - Human Rights Commission; Honduras - Comisionado Nacional de los Derechos Humanos; Nicaragua - Procuraduría Para la Defensa de los Derechos Humanos; Malawi - Malawi Human Rights Commission; Republic of Korea - National Human Rights Commission of Korea; Tunisia - Comité des Droits de l'Homme et des Libertés Fondamentales; Morocco - Conseil Consultatif des Droits de l'Homme; Canada - Canadian Human Rights Commission; Kenya - Kenya National Commission on Human Rights; Niger - Commission Nationale des Droits de l'Homme et des Libertés Fondamentales; Togo - Commission Nationale des Droits de l'Homme; and Egypt - National Council for Human Rights.

The Commission will hold three back-to-back meetings today from 9 a.m. to 6 p.m. In the meeting from noon to 3 p.m., the Commission will continue to hear from national human rights institutions before resuming its general debate on specific groups and individuals. At 3 p.m., it will take up the situation of human rights in Colombia under its agenda item on the organization of the work of the session.

Documents on the Effective Functioning of Human Rights Mechanisms

Under its agenda item 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, the Commission has before it several documents for its consideration.

There is the report of the eleventh meeting of Special Rapporteurs/Representatives, Independent Experts and Chairpersons of Working Groups of the special procedures of the Commission on Human Rights and of the advisory services programme (E/CN.4/2005/5), which took place in Geneva from 21 to 25 June 2004. The report mentions that in the context of the discussions of the Secretary-General's reform agenda, the participants welcomed the steps taken by the Office of the High Commissioner for Human Rights to improve the servicing of the mandates and enhance their effectiveness. They recommended that efforts be made to improve links between their mandates and United Nations country teams and expressed the need for more support and follow-up to their work at the country level by country teams and resident coordinators. Also, it was felt that more needed to be done by all partners to disseminate information about the work of Special Rapporteurs; relations with the press could be important in this regard. The meeting also welcomed the steps taken to increase interaction between, and cooperation with, human rights treaty bodies. The participants also reiterated their concerns about violations of human rights in the context of counter-terrorism measures and the need to continue to monitor developments in this area.

There is the report of the Secretary-General on regional arrangements for the promotion and protection of human rights (E/CN.4/2005/104). It contains information on the action taken pursuant to resolution 2003/75 of the Commission, focusing on the regional strategies of the Office of the United Nations High Commissioner for Human Rights and the most significant developments since 2003. The report notes that in order to maximize the impact of the activities of the United Nations at the national level, the Office of the High Commissioner has been systematically pursuing a regional and sub-regional approach through a variety of complementary means and methods, in particular by supporting the establishment of regional frameworks for the promotion and protection of human rights, adopting a sub-regional focus wherever appropriate, out-posting regional and sub-regional representatives, concluding cooperative agreements with United Nations agencies and regional institutions, undertaking joint regional projects, and sponsoring or organizing consultations and dialogues.

There is also the report of the Secretary-General on national institutions for the promotion and protection of human rights (E/CN.4/2005/106). The report, covering the period January to December 2004, contains information on the activities undertaken by the Office of the High Commissioner for Human Rights to establish and strengthen national institutions, the measures taken by Governments and national institutions in this regard and cooperation between national institutions and international mechanisms to promote and protect human rights. Information regarding the work of national institutions in respect of specific thematic issues is also included.

There is the report of the Secretary-General on enhancing participation of national human rights institutions in the work of the Commission on Human Rights and its subsidiary bodies (E/CN.4/2005/107). The report provides an historical overview of discussions in the Commission concerning calls for enhancing the participation of national institutions in its work and that of its subsidiary bodies, describes the work of national institutions within the Commission and its subsidiary bodies and proposes potential avenues for enhanced cooperation.

There is another report of the Secretary-General (E/CN.4/2005/108), which lists 40 conclusions and recommendations issued by the special procedures, namely, Special Rapporteurs/Representatives, Independent Experts and Chairpersons of Working Groups.

There is also the report of the High Commissioner on the composition of the staff of the Office of the High Commissioner for Human Rights (E/CN.4/2005/109), which includes data on staff posts subject to geographical distribution and describes the High Commissioner's measures for improvement aimed at addressing the geographical composition issues identified by the Commission.

There is a document which contains the written submission by the United Nations Development Programme (E/CN.4/2005/133) on its activities in several areas being considered by the Commission, including the effective functioning of human rights mechanisms.

Statements by National Human Rights Institutions

MORTEN KJAERUM, of International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights, said 12 years had passed since the United Nations and the Commission had adopted the Paris Principles, recognising the role of national human rights institutions as the key institutions in implanting international human rights principles into the national political discourse, State structures and practices in moving from the declaratory to actual implementation of human rights. Twelve years later, all now stood ready to take the next step to allow to feed this work into the international system which had helped to shape the national human rights institutions. The role of these institutions in the Charter Bodies still needed to be formally defined to remove the present uncertainty.

One of the key functions of the organization was to follow-up and where appropriate implement relevant United Nations resolutions. The deeper the values of human rights were rooted in society, the less prone was that society to fostering terrorist political cultures and violence. Terrorism could not be prevented, and national security could not be sustained through short-term interventions, but needed an integrated, long term approach, based on a profound respect for human rights. The National Human Rights Institutions could play a role in this respect, as their strategy to conflict and terrorism was three-pronged. The Counter Terrorism Committee should integrate the human rights related work of the institutions, and include them in its country visit programmes. The vision for the next 12 years was clear: to ensure the existence of a substantive, constructive and objective national human rights agenda as envisaged in the Paris Principles; this would elaborate the potential of the institutions in contributing to a strengthened implementation of the mandate of the Commission, and to monitor human rights globally.

MARGARET SEKAGGYA, of Coordinating Committee of African National Human Rights Institutions for the Promotion and Protection of Human Rights, said the Coordinating Committee had been established in 2002 with the purpose of promoting cooperation, facilitating the coordination of the activities of African national human rights institutions, and encouraging the establishment of new institutions on the continent, in conformity with the Paris Principles. Most African national human rights institutions had been set up within the last 10 years, and after decades of human rights violations in their respective countries. The major constraint they continued to face was lack of adequate funding. The national institutions believed in integration of the rights-based approach to development, and implementation and management of poverty eradication programmes, and felt that special attention should be given to implementation of economic, social and cultural rights, poverty reduction and HIV/AIDS. During the next twelve-month period, the Coordinating Committee would work to set up its permanent secretariat.

Among key issues affecting the continent, she cited conflict, which continued to lead to the death and suffering of many. Although there was no specific provision as to the role of national institutions in conflict situations contained in the Paris Principles, their role was obvious given their mandate to protect and promote human rights. National human rights institutions could provide early warning to prevent conflict and analyse existing conflicts to advise, mediate and reconcile conflicting parties. Peace and human rights education was also provided in order to equip people with conflict management and resolutions skills. Democratization and good governance was also in progress across the continent. The Sudanese Peace Agreement, and the holding of the first African Union Conference of National Human Rights Institutions, were among the most positive events of the last year. Looking forward, significant events included September's five-year review of the Millennium Development Goals, and the ongoing debate over the Secretary-General's recommendations for institutional reform. Finally, she stressed that national institutions should be allowed to speak on all the Commission's agenda items.

JOSE LUIS SOBERANES FERNANDEZ, of Network of Americas, said that many of the national human rights commissions in the Latin American countries had seen their annual budgets reduced; which had seriously affected their activities. Despite the cut in their budgets, the national human rights of those countries had increased their efforts by working together. The Network was dealing with conflict situations where people were obliged to leave their homes. The national institutions of America continued to organize conferences and meetings on various issues. Recently, the Network had organized seminars to discuss the phenomenon of trafficking in human beings and to find ways to tackle the problem. The Office of the High Commissioner for Human Rights had been helping the Network in organizing assemblies and workshops in which a number of nationals actively participated. A meeting had also been organized at the Palais Wilson, in which issues pertaining to the activities of the Network had been discussed.

KIEREN FITZPATRICK, of Asia-Pacific Forum of National Human Rights Representatives, said the Commission would benefit from the participation and expertise of national human rights institutions on substantive agenda items of the Commission, rather than simply agenda item 18 b. The recent report of the Secretary-General was therefore welcomed, as it focused among other things on enhancing the participation of national human rights institutions. The Commission should therefore permit national institutions to speak under all agenda items of the Commission; to continue to allocate dedicated seating to national institutions for this purpose; to support their engagement with all subsidiary bodies of the Commission; and to continue the practice of issuing documents from national institutions under their own symbol numbers.
With regard to the situation in Nepal, the Forum had decided to communicate to the Nepalese Government its call for the restoration of multi-party democracy and the lifting of the current suspension of fundamental rights contained in the Nepalese Constitution. With regard to the National Human Rights Commission of Nepal, the Government should respect and ensure the Commission's full compliance with the Paris Principles as adopted by the General Assembly, in particular with regard to the composition and functioning of the Commission, and to cooperate fully with it as the principle institution of human rights protection in Nepal.

JOEL THOROVAL, of European Regional Group, said the European Regional Group had held its third round-table in Berlin in the last year, at which the Organization for Security and Cooperation in Europe and the Council of Europe, as well as non-governmental organizations, had participated. At that time, the European Regional Group had adopted declarations on human trafficking, and the protection of human rights in the fight against terrorism. European national human rights institutions continued to help raise awareness on trafficking in human beings as a modern form of slavery, and encouraged all States to ratify the United Nations Convention on Migrants' Rights, the Convention on Transnational Organized Crime and its protocols, and the International Convention for the Elimination of Discrimination against Women. Regarding the fight against terrorism, he said that it was only in the context of the rule of law, democracy and fundamental freedoms that measures could be adopted to fight that scourge. The Group strenuously rejected any approach that sought to balance human rights and protection and security from terrorism. The European national institutions had kept a vigilant eye on the preparatory work for the European Convention to Prevent Terrorism, and were awaiting work at the United Nations to define terrorism.

The fifth regional encounters had been held on the fringes of the round-table, he said, and the discussion there concerned changes to the human rights protection system of the European Union. Regarding the transformation of the European Observatory for Racist Phenomena into a European Human Rights Agency, he said this would strengthen existing human rights mechanisms, and would encourage strengthened cooperation between the Agency, and national, regional, and international human rights bodies. The establishment of the Agency would facilitate conformation with the Paris Principles, and would help national institutions to flourish where they did not yet exist. In Europe, the discussion should continue to focus on the fight against anti-Semitism, racism and xenophobia. These phenomena remained a permanent threat in Europe, as well as worldwide, and all must guard against new outbreaks. The Group also attached interest to the implementation of the Durban Declaration and Plan of Action. Finally, he added that the Group would like to see expanded and strengthened participation for national institutions on all the Commission's agenda items.

GERMAN MUNDARAIN, of Federación Iberoamericana de Ombudsman, said the United Nations was born as a result of World War II. Its Charter established as principle objectives to guarantee peace and security and to defend human rights. International cooperation was based on the right to self-determination of nations. Today, the United Nations also had to fight poverty and the new phenomenon – terrorism. It was however a concern that the United States, through its State Department Human Rights annual report, was intervening in the internal affairs of other States. It was stigmatising its adversaries through its human rights reports, which were based on political and commercial interests. The report lacked objective analysis on the human rights situation of the world. A noble cause of human rights had been used for persecuting others. On the other hand, the United Nations, through the United Nations Development Programme (UNDP), had been establishing a credible and universal report based on the realities of each State. UNDP had been producing a universal report which reflected concrete achievements and realities of countries.

EDUARDO MONDINO, of Argentina - Defensor del Pueblo, said Argentina had had to face dramatic consequences due to its foreign debt and the impact of the debt and servicing on the most vulnerable social sectors. There was a tension between the mandate of the universal human rights principles and free trade interests. Human rights, the direct expression of the individual's dignity, constituted a duty which could not be ignored. Any aspect related to these basic needs should be safeguarded as a relevant juridical interest. The access to and enjoyment of essential public services bore a direct relationship with human rights, therefore, the State should encourage their defence against any attempt or hindrance against their full exercise. The Argentine State had been sued before the World Bank Arbitration Courts by diverse companies rendering public services, but these companies had systematically failed to fulfil their investment plans in Argentina.

During the last decade, a strategy had been encouraged to subordinate the rights and guarantees enshrined in the international treaties on human rights to the interests of large international companies, and this strategy sought to enforce new rights such as investors' rights, which could lead to the disappearance or transformation of the human rights conventions. There was no doubt that the full exercise of basic human rights prevailed over investors' rights. There was therefore a need for the national institutions on human rights promotion and protection to play an active role during the arbitration process whenever public services or the general interest were involved. The trend towards openness, transparency and the participation of citizens, in general, and of the institutions, in particular, in international investment disputes, trade, environment or human rights issues reflected the true advance of the democratic values at international level. It was from this position that basic human rights could be strengthened.

GERMAN MUNDARAIN, of Venezuela - Defensoria del Pueblo de Venezuela, said that, despite its natural wealth, Venezuela had been experiencing a serious social and economic crisis for more than 30 years. The country's wealth of the 1970s had turned into external debt and misery in the next decade, due to the mismanagement of a government not committed to the nation's development. Early in the twenty-first century, important human rights problems continued to persist as a result of the crisis; poverty continued to affect 80 per cent of the population and gave rise to civilian insecurity and police violence, under nourishment, illiteracy, unemployment, social discrimination and health problems. In reaction, the country had begun a process of structural changes in 1999, which had been misunderstood in some parts of the world. The process had begun with the approval of a new national Constitution by popular referendum, the goal of which had been to transform the State and society, to create a new model of development and to pursue social inclusion based on co-responsibility and the development a new model of participatory and leading democracy. Throughout this process, the country had suffered periods of political tension, but it had also achieved progress in peaceful conflict resolution, including through the holding a presidential referendum.

In the last five years, Venezuela had taken important steps on economic, social and cultural rights, he said, and had made progress in the fields of education and health. These efforts showed the country's commitment to fulfil the Millennium Development Goals. However, other Governments had interpreted this process of change as suspicious. The country's international, autonomous, independent and integrationist policy had generated strong diplomatic tensions with the United States. A media campaign had been developed by that State to depict Venezuelan foreign affairs as threatening the continent's democracy. It was hard to understand how requests for more democracy could be dangerous to democracy; Venezuela had addressed no other topic in international fora. The signs of foreign intervention in Venezuela were still being observed, and the United States interference in the country's domestic affairs had been demonstrated. Venezuela was not a warlike country; it had been prepared to fight poverty, not an invading army. Venezuela opposed terrorism and was committed to world peace, preservation of the environment, multilateralism and self-determination for the Latin American people. Yet the country was attractive as a target of attack, as it was of enormous economic and strategic importance, and there was concern for the future of national peace and democracy. Aggression against Venezuela would constitute aggression against United Nations principles.

JOHN VON DOUSSA, of Australia – Human Rights and Equal Opportunity Commission, said the work undertaken by Australia's Human Rights and Equal Opportunity Commission in the last year reflected many of the human rights issues confronting national institutions and States parties. The work included the treatment of the mentally ill; the development of a systematic approach to discrimination against men and women in employment; researching appropriate and effective means of providing services and programmes to indigenous peoples; developing practical human rights education programme for school teachers and students; and monitoring the legislative schemes put in place to combat terrorism. The common question raised in those topics was what adjustments needed to be made to laws and policies to accommodate the needs and rights of those who were marginalized, vulnerable and subjected to discrimination. The Commission continued to be a strong supporter of the Asia Pacific Forum of National Human Rights Institutions and was keen to share its expertise and knowledge with other national institutions in the region. The Commission welcomed the report of the Secretary-General on the Effective Functioning of Human Rights Mechanisms: National Institutions and Regional Arrangements, and strongly supported its implementation.

ADARSH SEIN ANAND, of India - National Human Rights Commission, said neglect of economic, social and cultural rights could drive the vulnerable sections of society to the margins of human existence. Efforts had therefore been made to create an environment in which economic, social and cultural rights could be better promoted and protected. The decisions taken by the National Commission on individual complaints, its programmes and projects, aimed to build a culture of human rights in the country. The right to life with human dignity, enshrined in India's Constitution, should result in the strengthening of measures to ensure that citizens, particularly those belonging to disadvantaged sections, had access to better and more comprehensive health care facilities. It had also been consistently emphasising a shift of focus from welfare to rights of persons with disabilities. Another related issue that had been engaging attention was the increase in trafficking in women and children, and work was being done in this area by the National Commission.

Human rights violations in India stemmed as much from the abuse of power by public servants as by dereliction of their public duties. Another aspect which affected human rights of innocent people the world over and had been a cause for concern in India for more than three decades was the spectre of terrorism, the cult of which struck at the very root of the human rights of innocent people. Terrorism and human rights were natural enemies. There could be no alibis and justification for terrorism, however, no democratic society could be permitted to chill civil liberties while taking measures against terrorism. Every year the struggle for human rights grew more complex, with new threats rearing their heads and bringing different kinds of challenges. All could learn from each other, and unique experiences should be shared in order to learn from mistakes.

SERGIO FERNANDO MORALES, of Guatemala - Procurador de los Derechos Humanos de Guatemala, said that, at the time of the signing of the peace agreement, it had been hoped that Guatemala would achieve significant improvement in respect for human rights in the near future. However, progress in the legal and democratic areas had not had the expected impact in improving people's lives. Around 56 per cent of the population continued to live in poverty, including 82 per cent in rural areas. Possibilities for breaking this vicious circle of poverty were non-existent, as the system of land ownership continued to be unfair. Moreover, the State's fiscal weakness made it impossible to collect 12 per cent of GDP in terms of taxes, and there would be a consequent decrease in the role of the State. The State had little capacity to respond to national problems, and had resorted to repressive practices, including the criminalization of social protest. This constituted a retreat in terms of democracy and human rights. Furthermore, while the Government had assured him that there would be investigations of recent violations of human rights committed in the context of relocating farmers, the phenomena of violent crime, transnational organized crime, and impunity continued to undermine respect for human rights nationally. The country had one of the highest indexes for violent death in the region, especially for women.

Recalling his 2002 proposal to establish an international commission made up of international United Nations staff to investigate illegal bodies and clandestine security groups in order to assist public security bodies to investigate crimes, he stressed that the national commission established by the State suffered from existing national weaknesses, which made an international commission necessary. Among its repressive practices, the State continued to use the military forces for public security tasks, in contradiction to the provisions of the peace agreements, and had once more resorted to social cleansing. The State was no longer strengthening the forces of social stability, but was quartering the military in police barracks. Human rights defenders continued to be attacked and threatened, without the authorities investigating these attacks and threats. It was to be hoped that a national office of the Office of the High Commissioner for Human Rights would soon be opened in Guatemala.

NAYAN BAHADUR KHATRI, of Nepal – National Human Rights Commission, said at present, Nepal was passing through a difficult time in terms of the serious challenges to the protection of human rights of the people. While the ongoing conflict in the country for the past nine years had no doubt been the prime reason for the deteriorating human rights conditions, the situation after the declaration of the state of emergency on 1 February 2005 had presented more challenges to the people in the exercise of their basic rights. The suspension of fundamental rights, arrests and preventive detention of political leaders, human rights activists, journalists and others, as well as restriction on the movement of several people, including the Human Rights Commissioner, had created a difficult situation for Nepal's National Human Rights Commission. That was in addition to the human rights violation issues such as disappearances, illegal detention, killings, abduction, and recruitment of child soldiers that the Commission was dealing with. The obstacles that the Commission encountered in its work were being dealt with through extensive discussion with the Government, on a case-by-case basis. The Commission, as an independent and autonomous institution, had not only spearheaded efforts to protect the rights of the Nepalese people, but had also undertaken several initiatives for a peaceful resolution of the conflict

JOSE LUIS SOBERANES FERNANDEZ , of Mexico - Comision Nacional de los Derechos Humanos, said despite the obstacles and misunderstandings faced during the execution of tasks, solid progress had currently been achieved regarding the defence and protection of human rights. However, considering that not only did incidents reminiscent of the past continue to persist in Mexico, but also new phenomena were being witnessed that were potentially as damaging and pernicious as the previous ones, there was a lack of complete satisfaction. Complaints concerning torture and missing people did not reach the high levels of the past, however there were still complaints. Today, the most common complaints were related to the ill treatment and extortion of migrants, both Mexican as well as foreign, and the abuse and neglect of the most vulnerable demographic groups such as children, indigenous people, women, and the elderly.

In the past year, the National Commission had handled 10,729 cases presented in person, and 24,787 phone consultations. The main alleged violations reported by complainants were inappropriate rendering of a public service, inappropriate use of a position in an institution or organization, arbitrary detention, denial of the right to petition, cruel and/or degrading treatment, and denial or inadequate service rendering by the public health department. Five complaint files were classified as torture. Human rights and basic liberties were universal, indivisible and interdependent. The enforcement of civil and political rights was precarious, lacking the conferral of economic, social and cultural rights. The attainment of a long-lasting progress in terms of the consolidation and expansion of human rights depended on the enforcement of efficient and appropriate social and financial development policies.

BIRGITTE KOFOD OLSEN, of Denmark - Danish Institute for Human Rights, said the fight against discrimination, and the implementation of effective mechanisms and measures to fight terrorism while ensuring compliance with human rights obligations, figured at the top of the human rights agenda. Ensuring the full enjoyment of human rights meant that steps must be taken to develop a fair and inclusive society with room for diversity. In Denmark, the move from a homogenous Danish society to a modern European, pluralistic society was not easy. Recognition and inclusion of minorities was required, as was the ability and imagination to strike a delicate balance between protecting and preserving the particularities of a variety of minorities. Discrimination occurred in a number of areas, including on the grounds of ethnicity, gender, disability and religion, and went hand in hand with social polarization. Debate on these complex issues had followed the line of viewing new citizens as burdens to society rather than a potential resource. The negative consequences of that view included increased discrimination, alienation and marginalization of ethnic minority groups, and double discrimination, especially for women and young people. It served as an obstacle to acknowledgement of these groups as members of Danish society on an equal footing with the majority population. Politicians had addressed minority issues in legislation, action plans, surveys, and in the public debate, which had led to the identification of conflict areas between ethnic minorities and the majority population. The Danish Institute stressed the need for effective protection against discrimination and promotion of a diverse society with equal opportunities for all.

The Danish Institute for Human Rights viewed terrorism as an attack on human rights, which should be handled as such as part of a State's obligation to protect its citizens. However, this security approach must be applied with full respect for human rights and the rule of law. The introduction of anti-terrorism legislation in Denmark had revealed a tendency to see these measures as necessarily impacting the administration of justice and respect for privacy directly, and immigration, integration and discrimination indirectly. There had also been a renewed debate on pre-emptory norms of human rights and the access to interfere with protected rights. A distinction between civil and political and economic, social and cultural rights had also been suggested recently. The Institute had given priority to these issues and intended to create a platform of knowledge and experience to raise awareness of the specific impact and consequences of anti-terrorism legislation.

ROOSLYN NOONAN, of New Zealand - Human Rights Commission, said the Secretary-General had recommended that the High Commissioner for Human Rights should play a more active role in the deliberations of the Security Council and that human rights should be incorporated into decision-making throughout the work of the United Nations. The New Zealand Human Rights Commission stressed the importance of that recommendation in relation to the most difficult of areas: the designation of terrorists and terrorist entities. New Zealand relied on the integrity of the United Nations process when adopting the designations into domestic law. What had concerned her colleagues and her at the Commission was that the United Nations processes for reviewing the designations fell well short of what could be regarded as procedurally fair let alone best practices from human rights prospectives. That presented very real problems for a small country like New Zealand when considering how best it could provide for regular reviews of designations. The Commission had recommended that the New Zealand Government seek improvements in the terrorist designation review process. In 2002, the Commission was given a statutory responsibility to develop a national action plan for the better protection and promotion of human rights in New Zealand.

RAMON CUSTODIO LOPEZ, of Honduras - Comisionado Nacional de los Derechos Humanos, said violence was seen more often than fairness in this world, and it was all the more serious when it affected those with less food, health and education, and fewer opportunities to be part of a dignified family, mainly the women of the world. Femicide was a term that indicated the mass killing of women in the world, which had reached the level of genocide. In Guatemala, one woman died every day, women disappeared in Mexico, and two women each month died in Honduras every month from domestic violence. In Pakistan, a woman had been condemned by a religious community to rape, and with the compensation from that she had set up a kindergarten, while her rapists were absolved.

Any impunity affecting violations of human rights should be condemned, whether the violations were committed by States or individuals, and impunity should not be allowed by any State that promoted human rights. Regarding the Guantanamo prisoners, these had the right to be treated humanely by a country that refused to be taken to the International Justice Courts or to allow them their human rights.

OMAR CABEZAS LACAYO, of Nicaragua - Procuraduria Para la Defensa de los Derechos Humanos, said the conditions of more than 17,500 heads of households, who used to work at banana companies in the west of the country, were of serious concern. Since 1970, these families had been exposed to the hazardous effects of the substances Nemagon and Fumazone. The use of these chemicals had been prohibited by the United States Environmental Protection Agency since 1977, because of risks to human health, including sterility and breast, testicular, stomach, renal, duodenal, matrix and uterine cancers. North American companies had brought these substances to Nicaragua and other Latin American countries under different commercial names after the ban. Dole, Dow Chemical, Shell Oil, Standard Fruit, United Fruit, Chiquita Bow and Delmonte had continued to sell and use these products for more than 20 years. Now, 67 per cent of Nemagon victims in Nicaragua suffered from permanent sterility, while female victims suffered from irregular menstruation, skin discolouration, uterine and breast cancer and spontaneous abortions. Children were born with congenital defects and mental retardation. At least 466 Nicaraguans exposed to Nemagon had died of cancer since 1990.

In 1998, a group of Nicaraguan banana workers had sued Dow Chemical, Shell Oil and Standard Fruit because of the damage caused by Nemagon use, he noted. The Nicaraguan judge that ruled on the case had ordered the companies to pay $ 490 million to 583 banana workers. Yet, the companies had used legal schemes to discredit the sentences and had initiated more than 100 legal processes in the United States, alleging crimes against those who had won in Nicaragua. Following the 2000 adoption of a bill on the issue by the National Congress, the companies had accused the Congress and courts of law of attempting to embezzle from the companies. The Nicaraguan Government had exercised no protection role on the issue, nor had it demanded fulfilment of the verdicts by the North American companies. Government institutions had not complied with their promises regarding health and social security services. They had not even taken toxic chemicals off the market. This institutional abandonment was characteristic of the Government.

ELTON SINGINI, of Malawi - Malawi Human Rights Commission, said the Malawi Human Rights Commission placed great importance to the necessity of complying with the Paris Principles in its work. Issues of persons with disabilities were always among the priorities on the Commission's agenda. It was planning to undertake a nation-wide public inquiry on the challenges faced by persons with disabilities in Malawi. In 2004, one of the major activities of the Commission was to monitor the Malawi general elections. The Commission had deployed monitors across the country to ensure that free and fair elections were held. The Commission was of the view that the strengthening of the democratic process had a direct effect on the observance of the rule of law and human rights in the country. The Commission had also embarked on a comprehensive nation-wide prisoners rights advocacy and monitoring exercise. The report brought out a number of serious issues in Malawi's correctional facilities including congestion, poor sanitary and nutritional conditions, undue prolonged detention on remand pending trial, among others. The Commission was working in collaboration with NGO gender network in Malawi in advocating for strengthening of gender balance and the advancement of women in the public and private sectors. It was also raising awareness among women on harmful cultural practices that were health hazards, against the background of the HIV/AIDS pandemic, which was known to be highly prevalent in women more than in men.

YOUNG-AE CHOI, of Republic of Korea - National Human Rights Commission of Korea, said the Commission had striven to evaluate human rights practices, and as a result had witnessed efforts to grow human rights consciousness in ordinary people and Government organizations. It had investigated many incidences of human rights violations, including for vulnerable and minority groups, as well as imprisoned people, children and others. It had also made recommendations to the Government, for example, to abolish the National Security Law and to abolish the death penalty. Last year, it had hosted an international conference of national human rights bodies in Seoul.

The National Human Rights Commission of the Republic of Korea was committed to building on the efforts made over the first three years to promote and protect human rights, particularly on the right to physical integrity, to personal conscience, and others. The rights of women, children, the elderly and the disabled, as well as others, were still not adequately protected, and the Commission would continue to work for these groups. Work would be done on awareness-raising and pro-active and intensive on-site visits. Relations with human rights defenders, which were essential, would be strengthened with the international and domestic non-governmental organizations to consult their expertise and experience. The Commission was currently formulating a national action plan for the protection and defence of human rights. Work would be done to address discrimination on the basis of gender and migrant worker status. The role of the Commission should be expanded, and progress was being made in this direction. It would be a long and difficult journey, but the Commission was committed to it in a spirit of solidarity.

NAJOUA MILADI, of Tunisia - Comité des Droits de l'Homme et des Libertés Fondamentales, said the Committee had been established in 1991, and was of a large and diverse composition, due to the participation of ministerial and university representatives, lawyers, doctors, journalists and non-governmental representatives in its work. Its consultative role permitted it to serve as an interface between the Government and civil society. It was both an appeals body, which accepted complaints and appeals from Tunisian citizens, and a body that investigated issues related to human rights and fundamental freedoms. The Committee made surprise visits to prisons, and submitted reports to the Head of State after each visit. These reports had prompted specific action, including making preventive custody an exceptional measure, ensuring release with or without bail when infractions were not grave, and replacement of prison sentences with community service for certain offences. Prison conditions had also been reviewed to prevent overcrowding and to strengthen medical and psychological care for detainees.

Tunisian citizens could address the Committee directly regarding issues of social, cultural and economic rights, which did not come within the purview of the Ombudsman, she said. The Committee also served a preventive effect due to its regular monitoring of the application of human rights, particularly women's rights, rights of the child, and of disabled persons. Tunisia was a co-founder of the Paris Principles, and the association of Francophone human rights institutions, as well as a founding member of the Coordinating Committee for African national human rights institutions. Human rights culture must be universal, which could only be achieved by conducting programmes of confidence building among countries, including through promoting exchange programmes. Cooperation had also been made easier by the development of new communications technologies. The Committee was aware that anything done to promote and protect human rights must be done continually, and that task was made even more difficult by globalization, which took no account on national or regional characteristics.

DRISS BENZEKRI, of Morocco - Conseil Consultatif de Droits de l'Homme, said Morocco's Consultative Council for Human Rights sought to instiutionalize and reinforce the principles of the rule of law by contributing to the setting up and strengthening of objective and reliable control mechanisms. Actually, it had contributed to further strengthening human rights dynamics and developing protection mechanism for those rights. In line with the observations and recommendations of the Council, the Government of Morocco had a quick reaction in the good direction. Hence, it had decided to set up a "communication and liaison cell" between the Ministry of Justice, the Ministry of the Interior and the Council, while the Government had initiated significant legal reforms consisting of the lifting of the Kingdom's reservations with regards article 20 of the Convention against Torture and the penal system reform, through entitling it with the definition and incrimination of torture. Besides, it had taken many measures aiming at improving the situation of detainees in prisons.

His Majesty King Mohammed VI had set up a Justice and Reconciliation Commission upon the recommendation of the Council. It aimed at achieving an equitable and extrajudiciary settlement process of serious human rights infringements that had occurred in the past, contributing therefore to the reinforcement of the democratization of the country and to national reconciliation. In line with the outstanding changes affecting women's rights in Morocco, with the adoption of the Family Law, the Council had organized in November 2004 jointly with the High Commissioner for Human Rights and the United Nations' Division for the Advancement of Women an important round-table between national human rights institutions and national mechanisms for women advancement.

MARY GUSELLA, of Canada - Canadian Human Rights Commission, said national human rights institutions were an integral part of international efforts to promote a culture of human rights. It was through such institutions that the hopes and aspirations for a better world, some birthed within the Commission on Human Rights itself, were translated into reality, providing an essential link between human rights ideals and the people of the world. The Canadian Commission had faced a number of challenges in the past several years, and had undergone a dynamic period of change and growth in both areas of its mandate: human rights and employment equity. The leadership was committed to a culture of innovation and continuous improvement, as well as a respectful and productive environment.

Experience had shown that in order to make progress, there should be objective standards of measurement, a set of indicators to monitor performance and progress on a regular basis, both as a body meant to promote and protect human rights, and as an institution requiring legitimacy, accountability and competence. As the role of national institutions evolved, it was important to remember that success could not only be achieved through looking inward. National human rights institutions were essential for the promotion and protection of human rights. This had been reaffirmed within the United Nations, and numerous international, regional and national bodies. Nationally, through the efforts of the Canadian Commission to ensure the highest performance possible, and internationally, through adherence to the Paris Principles, it was hoped this relationship would continue to grow, so that together all could fulfil the promise of universal human rights.

MAINA KIAI, of Kenya - Kenya National Commission on Human Rights, said the Kenya National Commission on Human Rights had been established in July 2003, following the historic elections of December 2002. Among issues of priority for the Commission figured the fight against impunity, which presented one of the biggest challenges to Africa due to its history of slavery, colonialism, autocracy and dictatorship, all of which had occurred without accountability. Today, however, mechanisms including the International Criminal Court existed to counter the phenomenon of impunity, and Kenya had become the ninety-eighth State to ratify the Rome Statute. However, the Government faced massive pressure from the United States to enter into a bilateral agreement under article 98 of the Rome Statute. The Commission was opposed to that bilateral agreement. Human rights demanded equality of States and individuals, and such bilateral agreements created discrimination in favour of American citizens. The Commission should take a clear position in support of the International Criminal Court, and against deliberate attempts to weaken it through agreements under article 98. The Government was also to be congratulated for ratifying the Protocol on the African Court on Human and People's Rights. Other African countries should ratify the Protocol to make it operational.

Corruption remained one of the most important factors preventing enjoyment of human rights in Kenya, he added, especially regarding the high-level and large-scale corruption of leaders in positions of power and authority. The Kenya National Commission on Human Rights had adopted a programme of advocacy against corruption to create awareness, and to develop networks to oppose the scourge. Some action had been taken, and some civil servants had been fired and prosecuted, but the logic of corruption dictated that corruption of this magnitude did not occur without high-level political support. Political action in keeping with the Government's zero-tolerance approach should be taken. The Commission was also working to address the issue of women's property inheritance rights, and had teamed with Government institutions, political leaders and important ethnic and cultural institutions to find ways of ensuring that communities across the country played a role in ensuring that widows and women were protected upon the death of their fathers and husbands. Efforts had also been made to redress the lack of understanding and cooperation from high levels of the civil service and political class. The Office of the High Commissioner for Human Rights might convene a series of high-level meetings between the executive, legislative and judicial branches of governments to resolve confusion over the role of national human rights institutions.

LOMPO GARBA, of Niger - Commission Nationale des Droits de l'Homme et des Libertés Fondamentales, said the constructive and well-maintained policies of the Office of the High Commissioner for Human Rights was today perceptible in the great majority of States. In Niger, the National Commission had taken advantage of all benefits of the respect given to them the world over, thanks to the Paris Principles. This unforeseen advantage was reinforced thanks to political stability, consolidation of democracy and good governance within the country. There had been a remarkable evolution in Niger, which deserved to be upheld by all means. This support should also be given to all National Institutions of the African continent, which worked untiringly to ensure the promotion and protection of human rights.

The current session was unfortunately taking place in an international context that was dominated by unilateralism, stemming from economic interests associated to technological superiority, of which the only beneficiaries were the richer States, notwithstanding that in Africa, and in Niger in particular, the weight of debt, of poverty, and of growing austerity was overwhelming, and made worse by such evils as HIV/AIDS, invasion of locusts, famine, malaria, etc. In this context, everything was brought together to launch a portion of humanity into misery and the labyrinth of inhumanity. The international community should, and with diligence, come to the aid of Niger, which was working tirelessly to triumph over poverty and to reinforce the principles of democracy and good governance.

OULEGOH KEYEWA, of Togo – Commission Nationale des Droits de l'Homme, said that only about 30 national human rights institutions were set up in Africa of which only 13 were recognized as operating in conformity with the Paris Principles. The Togolese Commission had realized a study on the reinforcement of the procedures of accreditation, which it had transmitted to the international coordination on national institutions on human rights. Togo's National Commission reaffirmed its attachment to the will of the International Coordinating Committee to put in place a system of indicators, that would favour the effective reinforcement of national institutions and their conformity with the Paris Principles. The effectiveness of national institutions alone should not be an end by itself. The growing importance that the United Nations gave to the structures of those institutions and the call made by the United Nations so that the institutions play and important role was significant. The national institutions played important roles in the monitoring of the implementing of recommendations by human rights mechanism. However, the role had not been fully assumed.
The Commission, since its establishment, had stressed that the United Nations should closely associate national institutions to its system in order to incite States in their application of the human rights instrument. He appreciated the Office of the High Commissioner for Human Rights in bringing together the national institutions and other actors in an effort to strengthen the protection and promotion of human rights. The Togolese Commission was committed to working towards guaranteeing the human rights of all people, particularly those of socially marginalized groups.

MOKHLES KOTB, of Egypt - National Council for Human Rights, said the National Council for Human Rights of Egypt was participating in the work of the Commission for the first time since its establishment in 2004. The Council had been established to protect and promote human rights in Egypt, and had incorporated the Paris Principles and coordinated its activities with other relevant national councils and non-governmental organizations in order to disseminate human rights and human rights awareness in accordance with the national human rights plan. The Council was fully independent, and did not report on any matter to the Egyptian Government. Its composition included lawyers and professors and civil society and non-governmental representatives, and was headed by Boutros Boutros-Ghali, the former United Nations Secretary-General. The Council had established standing committees on civil and political rights, economic rights, cultural rights, and social rights, as well as a complaints committee. On the basis of a Council report, the Egyptian Parliament had established a standing human rights committee to consider amendments to legislation related to human rights. A committee had also been established to coordinate work between Council and other human rights bodies in other ministries. Monthly meetings were held to follow human rights issues, and a number of visits had been organized to prisons. A meeting had been held in January on non-governmental participation in the protection and promotion of human rights in Egypt.

Regionally, the Council had cooperated to organize the first regional conference on national human rights institutions in the Arab World, which had been held in Cairo. One of most important recommendations adopted there had been an appeal to Arab States, which had not yet done so, to establish national human rights institutions in accordance with Paris Principles. At the international level, the Council had cooperated with Office of the High Commissioner for Human Rights and had applied for membership on the Coordinating Committee for African national human rights institutions. The Council agreed that there must be further democracy in international organizations to proceed with democratic reforms in the world, considering that human rights were based on equality for all.

* *** *

For use of information only; not an official record