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16 May 2002


Statement by
Mary Robinson
United Nations High Commissioner for
Human Rights

at the 28th session of the Committee on Economic,
Social and Cultural Rights




Madame Chairperson, Virginia,
Distinguished members of the Committee,
Ladies and gentlemen,

It is a pleasure to greet you here in Geneva once again. I was sorry to miss your Day of General Discussion on Article 3 of the Covenant on equal rights of men and women. I look forward to being briefed on the debate. Yesterday you heard an important statement from UNESCO on the rights based approach to education and for the first time, - a most welcome development, - there was a meeting between the Committee and States Parties.

As you know, my term as High Commissioner ends in September of this year, so this is the last time I will address your Committee in this capacity.

As in the past, meeting with the Committee allows me to bring to your attention developments since your previous session that are of interest and relevance to your work.


The General Assembly Special Session on Children and the Permanent Forum on Indigenous Issues

I have just returned from New York, where I participated in two important events. Last week, from 8 –11 May, the postponed General Assembly Special Session on Children took place. Monday of this week saw the successful launch of a new ECOSOC institution, the Permanent Forum on Indigenous Issues, which will continue for two weeks. I would encourage you to examine closely both these events. You will see that concern over implementing economic social and cultural rights figures strongly in both.

Commission on Human Rights – Economic social and cultural rights

Let me turn to the Commission on Human Rights, which concluded its 58th session a few weeks ago. I shall not repeat what I said in my closing address to the Commission, but suffice it to say that, in the eyes of many, it was one of the most challenging sessions in the Commission’s history.

The Commission did adopt a significant number of resolutions under agenda item 10, on economic, social and cultural rights. Let me draw your attention to several of these. But first let me record with satisfaction that in all of its resolutions on economic, social and cultural rights the Commission acknowledged the work done by your Committee to further understanding of the normative contents of the rights recognised in the Covenant, notably through the adoption of General Comments.

The Commission also acknowledged and encouraged the work being done by the Special Rapporteurs and Independent Experts working on mandates that address economic, social and cultural rights. It is important to note that the Commission strongly encouraged collaboration between these mechanisms and your Committee as well as with other relevant treaty bodies and other members of the UN family.

As you will undoubtedly know, the draft Optional Protocol to the Covenant providing for a complaints procedure under the Covenant, made headway before the Commission. It adopted a resolution in which it extended the mandate of the Independent Expert for one more year, in order to prepare the ground for an Open-Ended Working Group that would consider the options regarding the elaboration of a draft Optional Protocol. The process may be slow, but the Committee has learned, as I have learned, that progress is incremental and we should acknowledge what is certainly a step forward.

Another significant resolution, adopted by the Commission during its last session was that on the right to health. Under that resolution the Commission approved the appointment of a Special Rapporteur. The new Special Rapporteur will focus on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. This welcome addition to the experts addressing economic social and cultural rights reinforces the importance of the direction given by the Commission that they should work in collaboration with this Committee. I hope that the Committee can give further thought about how such collaboration with the special mechanisms can be achieved in innovative and sustainable ways. There is little doubt that the Commission will want to know at a later point what has been achieved in building effective partnerships between the Committee and its mechanisms, the special rapporteurs.

Commission on Human Rights - Middle East situation:

From the outset of its session the rapid deterioration of the human rights situation in the occupied Palestinian territory and Israel preoccupied the Commission on Human Rights. It is noteworthy that many of the issues raised by the Commission concerned economic, social and cultural rights, such as the right to housing, the right to food and the right to health. I personally expressed in strong words my own deep concern, as well as the concern of our Office, over both the suicide bombings in Israel and the military responses in the occupied Palestinian territory.

I am aware that your Committee has had correspondence on a regular basis with the Government of Israel on the situation in the occupied Palestinian territory in recent years. I understand that the Pre-sessional Working Group following this session of your Committee will be preparing a list of issues with respect to the second periodic report of Israel. I respectfully suggest that the Pre-sessional Working Group take into account the debates and the resolutions of the Commission in its work, as well as the reports prepared by our Office and submitted to the Commission.

Post September 11:

Since the tragic attacks on September 11, OHCHR has been deeply concerned with the issue of terrorism and human rights. On several occasions, I have spoken out on the importance of adhering to international law and human rights in the fight against terrorism. In my opening statement at the Commission, I noted that: “ The buildings that were destroyed on 11 September can be replaced. But if the pillars of the international system are damaged or demolished, they will not be so easy to restore.” I also emphasized that “we need to respond to terrorism not only by legislative and security measures but with the armory of common values, common standards and common commitments on universal rights that define us as one global community and which enable us to reach beyond our differences”. I was glad to note that many governmental statements made during the Commission also emphasised that the legitimate and necessary security response to terrorism can and must be compatible with international human rights law. And for these purposes international human rights law means not only civil and political rights, but economic, social and cultural rights as well.

As you may recall, I sent a letter in October of last year, inviting the treaty-monitoring bodies and special mechanisms of the UN to state their views on terrorism and human rights. We have had responses from various Special Rapporteurs and Independent Experts, and recently, the Committee on the Elimination of All Forms of Racial Discrimination adopted a statement on this topic. Your Committee, as the monitoring body of the Covenant which guarantees economic, social and cultural rights for all, could make an important contribution to upholding international standards of economic, social and cultural rights, by adopting a statement in this regard.


World Conference on Racism follow-up:

The 11 September events have rendered even more relevant the outcome of the World Conference on Racism, Racial Discrimination, Xenophobia and related Intolerance held in Durban last September. The Conference was a difficult one but it did conclude successfully with the adoption of the Durban Declaration and Programme of Action. Our Office is involved now in working to ensure effective action on the Final documents. This work is spearheaded by an Anti-Discrimination Unit established in the Office, one of several follow up initiatives that the General Assembly has endorsed.

I am grateful to your Committee and the other treaty bodies for the input that was made into the World Conference process. Our Office would like to be able to count on your continued support. To date the Committee on the Rights of the Child and the Committee on the Elimination of All Forms of Racial Discrimination have decided to include standard paragraphs in their Concluding Observations on the implementation of the Durban Declaration and Programme of Action by States parties.

I respectfully request your Committee to consider adopting any measures you deem appropriate, in order to ensure a consistent and coherent follow up to this important process.

Strengthening the United Nations:

I would like to speak briefly about the process of strengthening the United Nations that is presently being undertaken by the Office of the Secretary-General. The main aim of this process is to render the United Nations more capable and more effective in addressing and handling its mission in the new century. As part of the Secretariat, the OHCHR has been called upon to contribute ideas to the strengthening process. Our submission addresses primarily structural areas that are central to the achievement of OHCHR’s mandate. We have stressed in particular the need to ensure effective implementation of the rights and duties under the human rights treaties. A crucial aspect is the effective functioning of the treaty-monitoring bodies. It is upon the foundations of the treaties and under the guidance of the treaty bodies, that national action for the promotion and the protection of human rights must be built. It is therefore essential to strengthen the activities of the United Nations in the area of human rights treaty implementation.

It is also necessary to integrate a human rights approach into strategies to combat poverty, and I commend this Committee for its innovative approach in this area.

British Council meeting on economic and social rights in Belfast and the principle of indivisibility and interdependence of all human rights:

Finally, it may be of interest to your Committee that the British Council, in partnership with the Northern Ireland Human Rights Commission, is organizing a meeting in Belfast entitled “Social and economic rights- Beyond the rhetoric”, to which I will be addressing some concluding remarks this coming Saturday. The Rapporteur of your Committee will also be there to speak on the experiences of the Committee on health, housing and environment.

I am deeply aware of the important contribution that your Committee continues to make in upholding the principle of indivisibility and interdependence of all human rights, and ensuring the equality of treatment in the protection of civil and political rights, and economic, social and cultural rights. But I am also aware that this is not an easy task. There is still determined promotional work to be done on economic, social and cultural rights. One old challenge still needs to be faced continually; that is to demonstrate that economic, social and cultural rights are inherently justiciable and that they can be enforced at the national level through legislative, administrative and other measures as well as through consideration by courts of law. In my statement to the meeting in Belfast, I shall convey that message as I have sought to do in many countries throughout my term as High Commissioner. I will also take advantage of the co- incidence that your Committee will have adopted at this session Concluding Observations on periodic reports of the United Kingdom and Ireland.

Concluding remarks:

Madame Chairperson, distinguished members of the Committee, ladies and gentlemen, I would like to conclude by expressing my gratitude for the important work you do and the committed way you do it. I am confident you will continue on this path. Please be assured that this Office in turn will continue to do its utmost to provide the highest quality support to your Committee.

On a personal note, I would like to thank you for the fruitful and enjoyable experience of cooperation with the Committee in working for the universal respect and enjoyment of economic social and cultural rights over the past five years. I know that you will continue this co-operation with my successor.

Thank you.