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24 July 2001
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Substantive session of 2001
Economic and Social Council,
Geneva, 24 July 2001
Statement by Mary Robinson
United Nations High Commissioner for Human Rights
Chairman, Excellencies
Ladies and Gentlemen,
My report to the Council this year focuses on the rights of a number of vulnerable groups: particularly, indigenous peoples, persons living with HIV/AIDS, persons with disabilities and people living in the Least Developed Countries. These are all issues that require serious national and international action. The struggle for human rights is a struggle for dignity and well being for all. To go forward we must embrace in real and practical terms all members of the human family particularly those most vulnerable to exclusion and discrimination. The UN human rights machinery has already pointed the way. In my report, I outline the path it has identified.
Much has already happened this year at the international level. Major United Nations events have focussed on the rights and needs of the most vulnerable. I would like particularly to highlight the 57th session of the Commission on Human Rights, the Conference on Least Developed Countries and General Assembly’s Special Session on HIV/AIDS. Next month sees the World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance in Durban. What remains is to see how these events will impact the lives and rights of people. This is a challenge that we must face up to. We must ensure that our international cooperation in the area of human rights will lead to tangible improvements in the lives of individuals in their own society.
The UN Commission on Human Rights
Let me start with the Commission on Human Rights. This year, a record of over sixty Heads of State or Government, Foreign Ministers or other Ministers attended and addressed the 57th session of the Commission. Solemn declarations were made that need to be translated into concrete action. In addition to States, nearly all the United Nations agencies, ten intergovernmental organizations and about two hundred and fifty non-governmental organizations participated. Special Rapporteurs, Representatives and Independent Experts presented reports on the human rights situation in several countries. These reports painted a bleak picture on the status of human rights in the world today.
Some progress was made during the 57th session, but the task of bridging the gulf between human rights norms and their application in reality remains daunting. The Commission adopted 82 resolutions and 19 decisions, in addition to 3 Statements by the Chair. These included a timely resolution concerning access to medication in the context of pandemics such as HIV/AIDS. The Commission also made some progress by appointing an independent expert to examine the question of a draft optional protocol to the International Covenant on Economic, Social and Cultural Rights and by deciding to establish an intergovernmental working group to draft a legally binding instrument for the protection of all persons from enforced disappearances.
The Rights of Indigenous Peoples
I am pleased that the Commission took a significant step in the protection of the human rights of indigenous people by appointing a special rapporteur. This is a particularly appropriate step in the context of the International Decade of the World’s Indigenous People. I am deeply concerned about the situation of the more than 300 million indigenous people. Despite the efforts made by the United Nations and Governments over recent years, indigenous peoples continue to experience exclusion, discrimination and marginalisation in many of the countries in which they live. They are often poorly served by education, health, housing and other services. They are also disproportionately affected by national development activities which displace them from their traditional lands and territories, often with negligible or no compensation, making them victims of development rather than its beneficiaries.
The International Decade of the World’s Indigenous People (1995 - 2004) has set a framework for international action in this area. The goal of the Decade is to strengthen international cooperation for the solution of problems faced by indigenous people in such areas as human rights, the environment, development, education and health. In my capacity as coordinator of the Decade, I have encouraged the United Nations departments, funds and agencies responsible for development-related and operational activities to strengthen their programmes for indigenous peoples.
The Durban Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance will provide an opportunity to reflect on how the rights of indigenous people can be further enhanced. A significant step was achieved last year when this Council established the Permanent Forum on Indigenous Issues. The Permanent Forum has a number of original features within the United Nations system. It has an unusual holistic role, namely to reconcile and harmonize the range of issues dealt with by the UN, including human rights, development, the environment, cultural and social issues, health, education and others and try to bring benefits to indigenous communities. It provides a significant opportunity not only for mainstreaming indigenous peoples issues more effectively into the organization=s operational work but also for encouraging cross-sectoral programmes. Getting the Forum up and running will be a challenge for all partners -- governments, the UN system, non-governmental organizations and indigenous peoples -- and will require new working practices and innovative approaches. The Secretary-General of the United Nations has designated my Office as the lead agency for the implementation of the ECOSOC resolution establishing the Forum. I look forward to working with the indigenous peoples, governments, and sister organizations to meet the challenges posed by this new body.
The Rights of Persons Living with HIV/AIDS
I devoted a major section of my report to the rights of persons living with HIV/AIDS. I participated in the General Assembly Special Session on HIV/AIDS that took place in June. It was an historic event which brought together Member States, intergovernmental organizations, UN agencies, civil society and private sector partners, and people living with HIV/AIDS to share ideas and agree on a framework for an effective international response to the epidemic.
I encouraged States at the Special Session to take the lead by recognising the link between respect for all human rights and an effective international response. I urged them to lead open and inclusive discussions on the difficult issues surrounding HIV/AIDS, including sexuality and sex education. I emphasized the need to recognise and address the vulnerability of certain individuals and groups, including men who have sex with men, women and men in prostitution and injecting drug users. I called on States to make use of the instruments that already exist, including the International Guidelines on HIV/AIDS and Human Rights, and to adapt them, through a dialogue with those most affected, to suit the priorities of the AIDS situation in their countries.
The Special Session ended with the adoption of a Declaration of Commitment on HIV/AIDS. This is the first global “battle plan” with key goals and targets for the international community in the fight against the epidemic. This landmark Declaration clearly recognizes that the full realization of human rights and fundamental freedoms for all is essential to the global response to AIDS. It recognizes that the realization of human rights reduces vulnerability to HIV/AIDS and prevents stigma and related discrimination against people living with, or at risk of HIV/AIDS.
Member States agreed at the Special Session on a set of measurable goals and targets in the area of HIV/AIDS and human rights. The Declaration calls on States to enact, strengthen or enforce legislative and other measures to eliminate discrimination against people living with HIV/AIDS as well as against members of vulnerable groups, and to ensure their full enjoyment of all human rights, within specific periods of time. It also stresses the need for national strategies that lead to the empowerment of women and increase the capacity of women and girls to protect themselves from the risk of HIV infection.
These are, indeed, welcome commitments. The challenge now is for States, along with civil society and private sector partners, to capitalize on the momentum gathered at the Special Session and act on these commitments. The World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance in Durban will provide an important occasion for the international community to follow up on UNGASS and move forward in the fight against HIV/AIDS. My Office will host a joint panel event at the Durban conference, along with UNAIDS and WHO, to explore the links between HIV, stigma, racism and discrimination. This will be, I believe, a significant opportunity to improve our understanding of the driving forces behind the epidemic and to take effective action.
The Rights of Persons with Disabilities
Another pressing issue is the rights of persons with disabilities. More than 600 million people -- that is some 10 per cent of the world’s total population -- suffer from some type of disability. In the majority of countries, at least one out of ten persons has a physical, mental or sensory impairment, and at least 25 per cent of the entire population are adversely affected by the presence of disabilities.
The question of disability is already before ECOSOC through the work of the Special Rapporteur of the Commission for Social Development. The significant human rights dimension to disability is an issue which calls for greater attention. Disability is often caused by violations of human rights and humanitarian law. It is aggravated through insufficient care and cruelty. Refugees, indigenous people and migrant workers are more vulnerable because they already have limited access to health care services and rehabilitation facilities and their vulnerability is compounded if they are or become disabled.
We need more effective and structured action to implement the international commitments made towards the people with disabilities. To facilitate coordination and the sharing of responsibilities within the United Nations system, my Office is currently preparing an “inventory” of the existing standards and institutions working in this field. The key to the solution remains in the hands of States, however. It is they who can halt the violations of human rights which aggravate disability. It is they who can institute policies which ensure that persons with disability are enjoying a full and decent life in conditions that promotes dignity, and self-reliance, and it is they who can facilitate participation within society.
The Rights of Persons Living in the Least Developed Countries (LDC’s)
I had an opportunity to participate in the Third United Nations Conference on Least Developed Countries in Brussels last May. At the Conference, and in my report to the Council, I emphasized the need to protect the vulnerable people in LDCs to ensure them equal opportunities for development, which is the core foundation of such international human rights instruments as the United Nations Declaration on the Right to Development.
Many countries within the LDC group are engulfed in conflict that is affecting their ability to move forward. Serious human rights violations take place. Women, children and the elderly become especially vulnerable, not only because of poverty and deprivation, but also because of violence and abuse.
In addressing the rights and needs of the people living in the LDC’s, it is imperative that we place equal emphasis on all human rights – civil, cultural, economic, political, and social and the right to development. Human rights instruments provide a normative framework for sustainable economic and social development. I am encouraged that development agencies are increasingly adopting a rights-based approach to development, grounded in the two international covenants and the four other key human rights conventions. I am also encouraged that the recent thinking on poverty eradication by the financial institutions draws on human rights concepts such as empowerment, non-discrimination and participation. I am also acutely aware of the growing demand from people in the LDCs for human rights education which they know is the key to their empowerment, participation in decision-making and economic development.
The Conference produced a number of practical and important initiatives. My Office stands ready to cooperate with LDCs, UNCTAD and other UN agencies in the follow-up of the outcomes of the Conference, particularly in the context human rights-based approaches to promote capacity building and to ensure equality of opportunities for development among the people of LDCs.
National Action
Let me now pull together some threads and suggest my vision for the way forward. Today I spoke about issues that are in one way or another on the international agenda. What I would like to see is that they are firmly placed on national agendas. This is why I emphasized in my report the role of independent national human rights institutions. I would like to see concrete action, national policies and plans, programs, and institutions that can bring about change. I look forward in this session and indeed in future sessions to hearing from you about the steps you have taken to bring about change at the national level. The barometer for success of international action in the field of human rights lies precisely in how much it can bring about improvement in peoples lives -- it does not lie in the solemn words of declarations and statements. They remain mere words until they find their way onto national agendas. My Office remains ready to assist in this regard. But the initiative of bringing the message home must be yours.
*****
Economic and Social Council,
Geneva, 24 July 2001
Statement by Mary Robinson
United Nations High Commissioner for Human Rights
Chairman, Excellencies
Ladies and Gentlemen,
My report to the Council this year focuses on the rights of a number of vulnerable groups: particularly, indigenous peoples, persons living with HIV/AIDS, persons with disabilities and people living in the Least Developed Countries. These are all issues that require serious national and international action. The struggle for human rights is a struggle for dignity and well being for all. To go forward we must embrace in real and practical terms all members of the human family particularly those most vulnerable to exclusion and discrimination. The UN human rights machinery has already pointed the way. In my report, I outline the path it has identified.
Much has already happened this year at the international level. Major United Nations events have focussed on the rights and needs of the most vulnerable. I would like particularly to highlight the 57th session of the Commission on Human Rights, the Conference on Least Developed Countries and General Assembly’s Special Session on HIV/AIDS. Next month sees the World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance in Durban. What remains is to see how these events will impact the lives and rights of people. This is a challenge that we must face up to. We must ensure that our international cooperation in the area of human rights will lead to tangible improvements in the lives of individuals in their own society.
The UN Commission on Human Rights
Let me start with the Commission on Human Rights. This year, a record of over sixty Heads of State or Government, Foreign Ministers or other Ministers attended and addressed the 57th session of the Commission. Solemn declarations were made that need to be translated into concrete action. In addition to States, nearly all the United Nations agencies, ten intergovernmental organizations and about two hundred and fifty non-governmental organizations participated. Special Rapporteurs, Representatives and Independent Experts presented reports on the human rights situation in several countries. These reports painted a bleak picture on the status of human rights in the world today.
Some progress was made during the 57th session, but the task of bridging the gulf between human rights norms and their application in reality remains daunting. The Commission adopted 82 resolutions and 19 decisions, in addition to 3 Statements by the Chair. These included a timely resolution concerning access to medication in the context of pandemics such as HIV/AIDS. The Commission also made some progress by appointing an independent expert to examine the question of a draft optional protocol to the International Covenant on Economic, Social and Cultural Rights and by deciding to establish an intergovernmental working group to draft a legally binding instrument for the protection of all persons from enforced disappearances.
The Rights of Indigenous Peoples
I am pleased that the Commission took a significant step in the protection of the human rights of indigenous people by appointing a special rapporteur. This is a particularly appropriate step in the context of the International Decade of the World’s Indigenous People. I am deeply concerned about the situation of the more than 300 million indigenous people. Despite the efforts made by the United Nations and Governments over recent years, indigenous peoples continue to experience exclusion, discrimination and marginalisation in many of the countries in which they live. They are often poorly served by education, health, housing and other services. They are also disproportionately affected by national development activities which displace them from their traditional lands and territories, often with negligible or no compensation, making them victims of development rather than its beneficiaries.
The International Decade of the World’s Indigenous People (1995 - 2004) has set a framework for international action in this area. The goal of the Decade is to strengthen international cooperation for the solution of problems faced by indigenous people in such areas as human rights, the environment, development, education and health. In my capacity as coordinator of the Decade, I have encouraged the United Nations departments, funds and agencies responsible for development-related and operational activities to strengthen their programmes for indigenous peoples.
The Durban Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance will provide an opportunity to reflect on how the rights of indigenous people can be further enhanced. A significant step was achieved last year when this Council established the Permanent Forum on Indigenous Issues. The Permanent Forum has a number of original features within the United Nations system. It has an unusual holistic role, namely to reconcile and harmonize the range of issues dealt with by the UN, including human rights, development, the environment, cultural and social issues, health, education and others and try to bring benefits to indigenous communities. It provides a significant opportunity not only for mainstreaming indigenous peoples issues more effectively into the organization=s operational work but also for encouraging cross-sectoral programmes. Getting the Forum up and running will be a challenge for all partners -- governments, the UN system, non-governmental organizations and indigenous peoples -- and will require new working practices and innovative approaches. The Secretary-General of the United Nations has designated my Office as the lead agency for the implementation of the ECOSOC resolution establishing the Forum. I look forward to working with the indigenous peoples, governments, and sister organizations to meet the challenges posed by this new body.
The Rights of Persons Living with HIV/AIDS
I devoted a major section of my report to the rights of persons living with HIV/AIDS. I participated in the General Assembly Special Session on HIV/AIDS that took place in June. It was an historic event which brought together Member States, intergovernmental organizations, UN agencies, civil society and private sector partners, and people living with HIV/AIDS to share ideas and agree on a framework for an effective international response to the epidemic.
I encouraged States at the Special Session to take the lead by recognising the link between respect for all human rights and an effective international response. I urged them to lead open and inclusive discussions on the difficult issues surrounding HIV/AIDS, including sexuality and sex education. I emphasized the need to recognise and address the vulnerability of certain individuals and groups, including men who have sex with men, women and men in prostitution and injecting drug users. I called on States to make use of the instruments that already exist, including the International Guidelines on HIV/AIDS and Human Rights, and to adapt them, through a dialogue with those most affected, to suit the priorities of the AIDS situation in their countries.
The Special Session ended with the adoption of a Declaration of Commitment on HIV/AIDS. This is the first global “battle plan” with key goals and targets for the international community in the fight against the epidemic. This landmark Declaration clearly recognizes that the full realization of human rights and fundamental freedoms for all is essential to the global response to AIDS. It recognizes that the realization of human rights reduces vulnerability to HIV/AIDS and prevents stigma and related discrimination against people living with, or at risk of HIV/AIDS.
Member States agreed at the Special Session on a set of measurable goals and targets in the area of HIV/AIDS and human rights. The Declaration calls on States to enact, strengthen or enforce legislative and other measures to eliminate discrimination against people living with HIV/AIDS as well as against members of vulnerable groups, and to ensure their full enjoyment of all human rights, within specific periods of time. It also stresses the need for national strategies that lead to the empowerment of women and increase the capacity of women and girls to protect themselves from the risk of HIV infection.
These are, indeed, welcome commitments. The challenge now is for States, along with civil society and private sector partners, to capitalize on the momentum gathered at the Special Session and act on these commitments. The World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance in Durban will provide an important occasion for the international community to follow up on UNGASS and move forward in the fight against HIV/AIDS. My Office will host a joint panel event at the Durban conference, along with UNAIDS and WHO, to explore the links between HIV, stigma, racism and discrimination. This will be, I believe, a significant opportunity to improve our understanding of the driving forces behind the epidemic and to take effective action.
The Rights of Persons with Disabilities
Another pressing issue is the rights of persons with disabilities. More than 600 million people -- that is some 10 per cent of the world’s total population -- suffer from some type of disability. In the majority of countries, at least one out of ten persons has a physical, mental or sensory impairment, and at least 25 per cent of the entire population are adversely affected by the presence of disabilities.
The question of disability is already before ECOSOC through the work of the Special Rapporteur of the Commission for Social Development. The significant human rights dimension to disability is an issue which calls for greater attention. Disability is often caused by violations of human rights and humanitarian law. It is aggravated through insufficient care and cruelty. Refugees, indigenous people and migrant workers are more vulnerable because they already have limited access to health care services and rehabilitation facilities and their vulnerability is compounded if they are or become disabled.
We need more effective and structured action to implement the international commitments made towards the people with disabilities. To facilitate coordination and the sharing of responsibilities within the United Nations system, my Office is currently preparing an “inventory” of the existing standards and institutions working in this field. The key to the solution remains in the hands of States, however. It is they who can halt the violations of human rights which aggravate disability. It is they who can institute policies which ensure that persons with disability are enjoying a full and decent life in conditions that promotes dignity, and self-reliance, and it is they who can facilitate participation within society.
The Rights of Persons Living in the Least Developed Countries (LDC’s)
I had an opportunity to participate in the Third United Nations Conference on Least Developed Countries in Brussels last May. At the Conference, and in my report to the Council, I emphasized the need to protect the vulnerable people in LDCs to ensure them equal opportunities for development, which is the core foundation of such international human rights instruments as the United Nations Declaration on the Right to Development.
Many countries within the LDC group are engulfed in conflict that is affecting their ability to move forward. Serious human rights violations take place. Women, children and the elderly become especially vulnerable, not only because of poverty and deprivation, but also because of violence and abuse.
In addressing the rights and needs of the people living in the LDC’s, it is imperative that we place equal emphasis on all human rights – civil, cultural, economic, political, and social and the right to development. Human rights instruments provide a normative framework for sustainable economic and social development. I am encouraged that development agencies are increasingly adopting a rights-based approach to development, grounded in the two international covenants and the four other key human rights conventions. I am also encouraged that the recent thinking on poverty eradication by the financial institutions draws on human rights concepts such as empowerment, non-discrimination and participation. I am also acutely aware of the growing demand from people in the LDCs for human rights education which they know is the key to their empowerment, participation in decision-making and economic development.
The Conference produced a number of practical and important initiatives. My Office stands ready to cooperate with LDCs, UNCTAD and other UN agencies in the follow-up of the outcomes of the Conference, particularly in the context human rights-based approaches to promote capacity building and to ensure equality of opportunities for development among the people of LDCs.
National Action
Let me now pull together some threads and suggest my vision for the way forward. Today I spoke about issues that are in one way or another on the international agenda. What I would like to see is that they are firmly placed on national agendas. This is why I emphasized in my report the role of independent national human rights institutions. I would like to see concrete action, national policies and plans, programs, and institutions that can bring about change. I look forward in this session and indeed in future sessions to hearing from you about the steps you have taken to bring about change at the national level. The barometer for success of international action in the field of human rights lies precisely in how much it can bring about improvement in peoples lives -- it does not lie in the solemn words of declarations and statements. They remain mere words until they find their way onto national agendas. My Office remains ready to assist in this regard. But the initiative of bringing the message home must be yours.
*****