ADDRESS OF BERTRAND RAMCHARAN ACTING HIGH COMMISSIONER FOR HUMAN RIGHTS AT THE OPENING OF THE SESSION OF THE BOARD OF TRUSTEES OF THE VOLUNTARY TRUST FUND FOR TECHNICAL COOPERATION IN THE FIELD OF HUMAN RIGHTS

Palais Wilson, Geneva, 28 July, 2003

Mr Chairman, distinguished members of the Board of Trustees,

The Voluntary Fund for Technical Cooperation in the field of human rights was established with the aim that it would help Governments establish and strengthen national systems for the promotion and the protection of human rights. I was part of the process of establishing the Voluntary Fund and I know that this was the leading objective.

What do we mean by a national protection system? This is a concept that is being emphasised by the Secretary-General and it has a powerful strategic rationale. Now that we have elaborated a detailed international code of human rights, the challenge is to implement it at home, where people live. International protection is important but it is complementary to what must take place within countries.

A national protection system is one in which international human rights norms are reflected in the national constitution; are incorporated in national legislation; where the local courts can resort to international human rights norms; where there are specialised human rights institutions to promote and protect human rights; where there is national monitoring of the situation of vulnerable parts of the population; and where human rights are taught in schools and other institutions of learning.

We in the Office of High Commissioner for Human Rights have just written to all Member States asking them to submit succinct presentations on their national protection systems.The aim is to identify and share best practices. You in the Board of Trustees must have in view the national protection system of the countries you deal with. Without this you will be shooting in the dark. As the saying goes, if one does not know where one is going, one will end up somewhere else!

What has the Voluntary Fund accomplished since it was established? Do you have a clear idea where the monies contributed have been spent? Do you know whether the projects funded have actually helped to strengthen national protection? Unless you can answer this question in the affirmative something would be wrong. You must have a clear idea of what the monies allocated are achieving.

Next to the concept of the national protection system there are two other key ideas that the Secretary-General has emphasised in his reform agenda. There is the better implementation of the core human rights treaties; and there is the strengthening of the system of special rapporteurs, representatives and working groups, collectively known as the special procedures system.

The Secretary-General's rationale is again a simple one when it comes to the better implementation of the human rights treaties. National protection systems are meant to help take forward the implementation of international human rights norms at home. The foundation for this is the system of human rights treaties. How, might one ask, are the projects that you support helping to facilitate the implementation of the human rights treaties? This is an important question. What one is talking about is practical activity to help advance treaty implementation. Has the Voluntary Fund helped in this area? If so how. With great respect to you, you must be able to answer this question. It is your duty to the human rights movement to be able to say whether the Voluntary Fund is helping in this area.

Then there is the area of the Special procedures of the Commission Human Rights. In the contemporary world the special procedures are the front-line international protection actors of the United Nations. Their importance is second only to that of the Security Council.What, one may ask, is the Voluntary Fund doing to assist the Special Procedures. If it is not, then it has lost its way.

The questions I have posed thus far, distinguished members of the Board of Trustees lead me to you and your role in the functioning of the Voluntary Fund. There was a time when you were called upon to approve projects. Now that role has been taken over by the Projects Review Committee of the Office of High Commissioner for Human Rights. I have chaired that Committee for the past five years.

What is your contemporary role, in actual practice? You meet twice a year; your take account of the information the Office of High Commissioner provides you. You note the Annual Appeals and the Annual Reports on how funds are planned to be spend and how they have actually been spent.

I must, however, say to you with respect: You must not become engaged in spectator sport. You must ask probing questions about what the Office of High Commissioner plans to do in the coming year when it comes to using resources from the Voluntary Fund. You must have a role and a decisive say in how the funds are planned to be used and how they have actually been spent. You must be involved in the process of approving the policy goals when it comes to drawing upon the Fund. Otherwise you will be abdicating your role. And that would be highly unfortunate.

Then there comes the question of financial accountability. You must scrutinise how funds are actually being used and how they are accounted for. If you do not do this then you will, with great respect, be side-stepping an important duty.

Then, distinguished Members of the Board of Trustees, one needs to ask the question: With the introduction of the projects system and the Project Review Committee, is there any longer justification for two meetings per year of the Board of Trustees? I am not convinced that there is, and I would ask you to think about this issue.

To conclude, I would ask you to ponder deeply on the following questions:

(a) What should the funds for human rights technical cooperation be used for?
(b) How are they actually being used?
(c) What is the role of the Board of Trustees in overseeing how the funds are being used?
(d) Is the duty of financial accountability being met?
(e) Are funds from the Voluntary Fund being used to enhance national protection systems?
(f) Are funds from the Voluntary fund being used to strengthen the implementation of the human rights treaties?
(g) Are funds from the Voluntary Fund being used to strengthen the system of special procedures?
(h) Is there need for a meeting of the Board of Trustees twice a year?
(i) Are you guiding the Secretariat or is the Secretariat guiding you?
(j) Are funds being used to support what cannot actually be deemed human rights technical cooperation, such as general seminars and workshops?
(k) How will you take charge of what is taking place under the aegis of the Voluntary Fund.

Distinguished members of the Board of Trustees,

If I have asked these questions it is because I was one of initiators of the Voluntary Fund in 1987. Its fundamental purpose was to help national implementation of human rights. Have we remained loyal to the original purpose? Or have we strayed far from it'

I wish you a successful session!