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Statement by the Chairperson on behalf of the
Commission on Human Rights (55th session)
Geneva, 22 March - 30 April 1999
Agenda item 20
Review of Mechanisms

1. All participants in the Commission on Human Rights are conscious of the need to
enhance the effectiveness of the Commission mechanisms and are committed to making substantial and early progress in this regard. They acknowledge the importance of considering the issues involved in a comprehensive and integrated manner but also see benefit in incremental steps intended to advance the overall process.

2. In this spirit, the 55th session of the Commission carefully considered the report on Review of Mechanisms submitted by the Bureau of the 54th session in accordance with the mandate contained in decision 1998/112 adopted by the 54th session on 24 April 1998 following a statement by the Chairman. The Commission expresses its appreciation of the extensive report prepared by the Bureau after wide-ranging consultations. This report has moved the discussion on review of mechanisms forward significantly and the Commission is determined to maintain the impetus and proceed in a result-oriented manner.

Post-Sessional Work

3. Given the scope of the issues involved and the limited time available at the 55th session, the Commission decides to establish an inter-sessional open-ended Working Group under this item on enhancing the effectiveness of the mechanisms of the Commission to continue the comprehensive examination of the Bureau report as well as other contributions in this connection. So that work can get underway expeditiously, it is envisaged that the Chair of the Working Group will be designated within a month of the conclusion of the Commission session. Regional co-ordinators are requested to consult in this regard as a matter of priority; these consultations should include the possibility of appointing one or more Vice-Chairs of the Working Group.

4. The Working Group will have a total of up to fifteen meeting days at its disposal during the coming year. An early meeting should be convened to allow for the appointment of a Chair as well as a decision on an appropriate rhythm of meetings. The Commission envisages that, given the time allocated during the coming year and the amount of preparatory work already done, the Working Group should be able to complete its work in advance of the next session of the Commission. The Chair of the Working Group is requested to present a full report to the 56th session including
recommendations for endorsement by the Commission.

5. The Commission carefully considered the decision-making basis on which the inter-sessional Working Group should operate. The value of a consensual approach was fully recognized; there were concerns, however, that a consensus requirement might impede progress in areas where a broad and representative majority wished to move forward. It was agreed that, as soon as the broadest possible agreement is reached on particular issues, all participants in the Working Group will demonstrate a flexible and constructive approach in order to facilitate a consensual outcome. With this understanding, it was agreed that the Working Group should direct its efforts towards the formulation of recommendations on a basis of consensus. In reporting to the 56th session, the Chair of the Working Group is invited to indicate how this approach to decision-making has operated in practice.

Decisions at CHR55/Guidance to the Working Group

6. While providing for comprehensive and detailed post-sessional work, the Commission considered whether there were aspects of the Bureau report on which decisions might be taken at the 55th session. Additionally, because of the time frame within which the Working Group will operate, the Commission was anxious to give clear guidance with regard to issues on which the Working Group should concentrate. The outcome of the Commission consideration of each section of the Bureau report is summarised below.

(i) Special Procedure Mandates

7. The Commission agreed on the following steps to be implemented immediately:

(i) to ensure prompt implementation of special procedure mandates, the Commission shall propose to ECOSOC to include in its regular May organisational session consideration of any proposals regarding special procedure mandates adopted at the annual session of the Commission on Human Rights.

(ii) to help maintain appropriate detachment and objectivity on the part of individual office-holders, and to ensure a regular infusion of new expertise and perspectives, any individual's tenure in a given mandate, whether thematic or country-specific, will be no more than six years. As a transitional measure, office-holders who have served more than three years when their current mandates expire, will be limited to at most three years of further renewals in these posts. Reassignment of individuals to other mandates will be considered only in exceptional circumstances .

(iii) to seek to address current difficulties regarding documentation, the special procedures should continue to submit their reports whenever possible by mid-December; unedited advance copies should be made available to all interested parties by the OHCHR; all of the special rapporteurs, representatives, experts and working groups should include an executive summary of no more than three or four pages; these summaries should be given highest priority in translation and processing so as to have them available as far in advance as possible of the Commission sessions. Any written update to the reports should be kept as brief as possible.

8. As regards responsibility for appointments to special procedure posts and duration of mandates of mechanisms, the Commission considers current practice broadly satisfactory but is prepared to consider any recommendations from the inter-sessional Working Group.

9. Taking account of the above, the Commission requests the Working Group to focus in particular on the following areas in preparing recommendations for action at the 56th session:
(i) how to rationalize and strengthen the Commission's network of thematic special procedures:

(ii) how to support the mechanisms in responding urgently and effectively when allegations or concerns of serious human rights violations, requiring immediate clarification and/or relief measure, are brought to their attention ;
(iii) how to make consideration of reports of the special mechanisms at the Commission sessions more meaningful. Issues arising in this context include (i) a more focused and systematic dialogue on observations and recommendations, (ii) discussion of follow-up of current and past recommendations, and (iii) consideration of situations involving failure or denial of cooperation by governments.

(iv) how to ensure that, between annual sessions of the Commission, there is effective ongoing follow-up on the recommendations of special procedures and related conclusions of the previous Commission session .

(ii) Procedure established by Resolution 1503

10. The Commission agrees that the purposes for which the 1503 procedure was designed to serve remain valid but that the present procedure requires significant overhaul. Next year, marking the 30th anniversary of the establishment of the current procedure, would be an appropriate occasion to implement change. The inter-sessional Working Group is therefore requested to prepare recommendations on the 1503 procedure for decision at the 56th session, taking account of the detailed suggestions contained in the Bureau report.

(iii) Sub-Commission on Prevention of Discrimination and Protection of Minorities

11. While fully valuing the distinctive role and contribution of the Sub-Commission over its more than 50-year history, the Commission considers that it too is in need of thorough review. Symbolising the intention to proceed to change, and also so as to better reflect the scope of Sub-Commission work, the Commission agrees to recommend to ECOSOC an immediate change of title to "Sub-Commission on the Promotion and Protection of Human Rights".

12. The Commission requests the inter-sessional Working Group to draw up recommendations for change for submission to the 56th session, taking account of recommendation 12 of the Bureau report. In drawing up its recommendations, the Working Group should focus on the role and mandate of the Sub-Commission (bearing in mind the need to avoid duplication with the Commission and the central importance of the Sub-Commission's original role as a source of research, studies and expert advice), composition (size, independence and expertise of membership, geographical balance) and questions of effectiveness and efficiency, including duration of meetings.

(iv) Standard setting

13. The Commission notes that recommendation 13 of the Bureau report identifies a number of important issues including (a) laying the groundwork for standard-setting Working Groups, (b) establishing time frames, (c) method of decision-making and (d) role of Chairs of such groups. The Commission requests the inter-sessional Working Group to further study these issues and to prepare a recommendation for consideration at the 56th session.

Conclusion

14. The Commission once again underlines the importance it attaches to the strengthening of mechanisms, its strong desire that the inter-sessional Working Group should proceed in an expeditious and constructive manner, and its intention to mark next year's session with the adoption of a coherent and substantial set of measures aimed at enhancing the effectiveness of the Commission.
28 April 1999