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18 March 2002
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Geneva, 18 March 2002
Statement by
Mary Robinson,
United Nations High Commissioner
for Human Rights
at the opening of the 58th Session of
the Commission on Human Rights,
Mr. Chairman,
Excellencies,
Distinguished members of the Commission,
Colleagues, NGOs, ladies and gentlemen,
I am pleased to address you today on the opening of the 58th session of the Commission on Human Rights. The Commission is the forum at which the most comprehensive debate on the state of human rights in our world is pursued. It is also the time when the range of activities undertaken on behalf of the Commission to advance the protection and promotion of human rights is reviewed and assessed.
This will be the last year I will address the Commission as High Commissioner. As you know, in March of last year the Secretary-General prevailed upon me to extend my term of office for a year, and this was approved by the General Assembly. When I agreed I could never have imagined what lay ahead - the events of 11 September, which I characterized as a crime against humanity, had a profound impact on our world and, in a very particular way, on the work of my Office.
It has been a period which challenged us all and which I believe highlighted once again the importance of having a strong and independent Office with a principled commitment to the universal application of human rights standards, and with the integrity to stand up and speak publicly about those issues in all states, even in the most difficult circumstances.
I know that at times my voice may have been considered awkward but I must say my inner ear was always tuned to the Secretary-General’s words of advice to me at the time of my appointment as High Commissioner: “stay an outsider within the United Nations”. Those words were echoed, and welcomed, by human rights activists and supporters in all parts of our troubled world over the past four and a half years, and I thank the Secretary-General for his trust and support and for providing me with such an apt motto.
I pledge to him, to you all and those you represent, - and in a special way to those who will never hear these words, the victims of human rights abuses, - that in my remaining six months as High Commissioner I shall serve with great enthusiasm and to the best of my abilities. I am very proud of the team of colleagues that I lead and will be proud to leave to my successor an Office that has developed a high standard of professionalism and a clear and vital role in the United Nations human rights programme.
The events of 11 September were not only of monumental consequence for the people of the United States and the victims who came from over 80 other countries. These acts were an attack against the very system of international relations on which this Commission and the entire work of the United Nations is based.
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.
Let us recall that the foundations of the international human rights system rest in the Charter. The Universal Declaration and the corpus of standards that flowed from that historic statement of principles and goals, provide the structure within which the system has developed. The Vienna World Conference affirmed the integrity of the structure by recognizing the indivisibility of the individual's human rights and the legitimacy of international concern for their protection. Finally, the UN Millennium Declaration gave us a renewal of the pledge of international co operation in the context of a globalising world and the acceptance by states of their collective responsibility to uphold the principles of human dignity, equality and equity at the global level.
I believe that those international human rights standards are at some risk of being undermined and that there is a particular responsibility on this Commission to defend them vigorously. It was important in the aftermath of 11th September that the Security Council acted firmly by adopting Council Regulation 1373. It also established a new mechanism, the Counter Terrorism Committee, both to oversee its implementation and to continue effective measures at the international level to counter terrorism.
My Office has interacted constructively with the Counter Terrorism Committee. When I addressed its members in January, I encouraged them both to circulate additional guidelines drawing Member States’ attention to the importance of adhering to the international human rights standards and that the Committee might consider adding a human rights expert to the panel of experts already assembled, which is being considered. However, I recognize that it is this Commission which has the primary responsibility to safeguard these standards. I invite you to consider whether it might be possible to establish a mechanism to monitor the implementation of Council Regulation 1373 from a human rights perspective, and I offer the full support of my Office in this regard.
I shall speak further on the subject of human rights, human security and terrorism under Agenda Item 4. But I wish to emphasize 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.
We have valuable new agendas from the World Conference on Racism and last years’ United Nations Year of Dialogue among Civilisations. The Plans of Action from both of these initiatives are even more relevant after 11 September. At a time when there is a sharp rise in Islamophobia, anti-Arab and anti-Semitic expression these plans of action need to be implemented fully by all States. I am pleased that the General Assembly has supported the Anti-Discrimination Unit, which will give OHCHR a solid foundation to play our part in combating racism and discrimination.
Mr. Chairman, distinguished colleagues,
I visited Afghanistan last week. Afghanistan now stands at a crossroads. After years of war and darkness, its people want to return to a time without abuse by their own leaders, the ability to choose their own destiny without foreign interference, and restoration of their place in our family of nations.
I was delighted to mark International Women’s Day in Kabul. It was a remarkable opportunity to celebrate with the women of Afghanistan their determination to claim their rights and proper place in Afghan society.
The first Afghan national workshop on human rights was convened in Kabul with the support of my Office and the Office of the Special Representative of the Secretary-General on Afghanistan, Mr. Lakhdar Brahimi. The Workshop brought together 90 participants who included members of the Interim Administration, the emergency Loya Jirga Commission and civil society from around the country, to undertake joint planning for the implementation of the core human rights provisions of the Bonn Agreement.
My office is committed to providing technical and financial support for the four standing working groups set up to focus on the establishment of an independent human rights commission; addressing issues of accountability and transitional justice, a national program of human rights education, and women’s rights. These working groups provide important processes that link the various ministries of the Interim Administration and civil society. They provide a useful framework to discuss the best ways to establish mechanisms for ensuring respect for the rule of law and human rights in the country.
Chairman Karzai took a significant step during the Workshop by announcing his commitment to establishing a truth commission for Afghanistan. He indicated that the Commission should seek to uncover the atrocities committed over two decades of war and to seek accountability for perpetrators of past abuses of human rights. My Office is committed to assisting Afghanistan in this endeavour.
The most pressing issue in Afghanistan today is human security. It was encouraging to see that Kabul has relative stability thanks to the efforts of the International Security Assistance Force. The rest of the country remains unsafe. The situation in the north of Afghanistan is particularly worrying.
When I visited Mazar-i-Sharif, I met with men and women of the Pashtun community who spoke of the killings, looting, and the theft of animals that is taking place now in this area. Women told me about how the militias currently in control of the area subjected them and their young daughters to multiple rape. I am pleased that Chairman Karzai is taking reports of abuses such as this very seriously and has sent a three-member commission to the area to examine the situation. The responsibility to restore human security lies with the Interim Administration and there is a need for an immediate de-commissioning of weapons. But until the Interim Administration becomes effective in protecting the people of Afghanistan, the extension of the mandate of the International Force beyond Kabul is, I believe, imperative.
As you are aware, over the last two years, I have been engaged in a dialogue with the Russian authorities on the situation of human rights in the Republic of Chechnya of the Russian Federation. The authorities have provided me with information on many questions, and most recently with detailed information on investigation and prosecution of cases of alleged crimes committed among others by the military against civilians. While the small number of convictions is not yet commensurate with the scale of the allegations of serious human rights abuse, it is to be noted that there is movement in a positive direction in this area. But continued and major efforts are needed.
I also welcome the invitations to the Special Rapporteur on violence against women and the Special Representative of the Secretary-General on children and armed conflicts to visit Chechnya. It is vital that invitations be extended to three further mechanisms, those on internally displaced persons, extrajudicial executions and torture, as a matter of priority.
I am deeply concerned that we continue to receive reports of serious abuses on both sides of this conflict. The Memorial Society reports on-going “clean-up” operations by the federal military, with the detention of civilians, allegedly often accompanied by beating, torture, disappearances and murder. Indeed, too many people have been displaced; too many families have lost their sons and daughters. It is time to stop the cycle of violence. Both sides should sit down in good faith seeking a political settlement to the problems of Chechnya.
In May 2001 my Office embarked on a human rights needs assessment for the Central Asia region, which was welcomed by most of the countries in the area. The aim is to formulate a programme to assist these countries in developing their national capacities to protect and promote human rights. Kazakhstan received an expert delegation from OHCHR in December, and further missions, to Tajikistan, Uzbekistan and Kyrgyzstan are currently underway. Support from UN and OSCE offices in the region has also been heartening. I am hoping for a positive response from the government of Turkmenistan on receiving a similar delegation.
Chairman, Ladies and gentlemen,
I recently had short but constructive visits to Egypt, Bahrain and Lebanon. In Bahrain, I welcomed the King’s decision, taken during my stay, to accede to CEDAW. I also noted the important provisions of the National Action Charter aiming at the establishment of a democratically-elected legislative body, affirming women’s political rights to vote and to stand for elections, the planned guarantees for the separation of powers, and for an independent judiciary, the safeguards for individual rights and freedoms. The challenge of implementing that programme is one for the people of Bahrain to meet and they deserve the encouragement and the support of the international community.
While in the region, discussions also focused on the tragic cycle of violence that is worsening in the Occupied Palestinian Territories. Last year, the Commission had the opportunity to consider the report of my visit to the region in November 2000. Regrettably, as we know all too well, efforts of the international community, including those of the Commission on Human Rights, have not brought an end to the hostilities and Palestinians continue to be subjected to a wide range of human rights violations related to the ongoing occupation. Israel also continues to suffer from deliberate killings of civilians. I re-iterate my call for international observers to be present on the ground as a deterrent to the violations of human rights in the Occupied Palestinian Territories and also to promote human security against suicide and other attacks on Israeli civilians. Let me just underline the negative impact of the ongoing conflict in the whole region in that it risks undermining respect for the principles and common values that we have struggled to build over the past 50 years.
Sierra Leone is a country in which my Office has been supporting the transition from conflict. A Truth and Reconciliation Commission Act was adopted by the Sierra Leone parliament in February 2000. OHCHR is implementing several technical co-operation projects supporting its work.
In order to provide the resources for the functioning of the Truth and Reconciliation Commission during the first fifteen months of its operations, I recently issued a special appeal, to which I hope donors will respond generously to enable the Commission to commence work as proposed on 1 June 2002.
We have just seen a difficult election conducted in Zimbabwe. On the African continent some observers have declared their satisfaction with the election process, while other African observers pointed to very serious flaws. The Commonwealth group, among others, condemned political violence by government supporters which they said even targeted election monitors. Before the election I had expressed my growing concern at the violence, intimidation and lack of respect for the rule of law and other democratic norms in Zimbabwe. Perhaps most worrying is the devastating effect that the political situation has had on the economic well being of millions of poor Zimbabweans and the broader impact on Southern Africa. At a time when African leaders are coming together under the umbrella of NEPAD - an initiative that is based on concepts of democracy, responsibility and good governance - these developments are particularly unwelcome. I hope that the Commission will find a way to address this issue from a human rights perspective.
The breakdown of the negotiation process between the government and the FARC brings a new urgency to the protracted Colombian conflict. It is a deeply worrying situation that I will address separately in this Commission. My Office is prepared to assume a larger monitoring role on the implementation of human rights and international humanitarian law throughout the country.
It is essential that we continue to strengthen new and vulnerable institutions in East Timor, as it looks forward to the full exercise of sovereignty in May. My Office has engaged in a project of technical cooperation with UNTAET to strengthen national infrastructure for the promotion and protection of human rights in the country. The project has involved human rights training for police officers, judges, prosecutors, public defenders and lawyers.
Technical cooperation between my Office and the Government of Indonesia regarding the prosecution of human rights violations committed in East Timor in 1999 is suspended. Presidential Decree 53, of 23 April 2001, established the Ad hoc Human Rights Court. This Decree limited the jurisdiction of the court to those cases arising from the violence that took place after the popular consultation held on 30 August 1999 and therefore excluded the many human rights abuses which occurred prior to that date. This Decree was revised by Presidential Decree 96 of 1 August 2001. The effect of that revision is that the Ad hoc Human Rights Court may now consider incidents that occurred during the months of April and September 1999. However, Presidential Decree 96 also limits the jurisdiction of the court to only three districts in East Timor, namely, Dili, Liquisa and Suai. The time and geographical limitations on the jurisdiction of the Ad hoc Human Rights Court introduced by Presidential Decree 96 continue to affect the capacity of the court to consider a number of serious incidents reported by the United Nations International Commission of Inquiry on East Timor and by the Indonesian Commission of Investigation into Human Rights Violations in East Timor. These limitations remain a matter of concern. Nonetheless, we will observe how the current trials proceed and assess whether it may be possible to offer technical support in the future
The present OHCHR programme of technical cooperation in China is based on an amendment to our MOU signed in November 2001. The programme for 2002 will continue the earlier work on human rights training for police, punishment for minor crimes and human rights education. New areas of work this year are training for judges and lawyers and prison administrators, activities in the provinces to promote economic, social and cultural rights, fellowships and support for academic institutions. While co-operation with China is progressing well, I have also during my visit of last November, as on previous visits, had to raise with the Chinese authorities a number of human rights concerns.
Regional Strategies
As you are aware, we have strengthened our activities at the regional level through the appointment of OHCHR regional representatives based in the UN Economic Commissions and at the seat of sub-regional institutions. Our objective is that the regional representatives will enhance OHCHR capacity to be of service and to assist you, the Member States. Experience has taught our Office that presence in the regions will enable us to be more efficient and more responsive to requests for advice. And it will ensure that we remain conscious of the need to fulfil our commitments to follow up any activities agreed upon under the regional human rights frameworks.
Having regional representatives in place will also provide much needed support for our work with UN country teams and will enable us to deepen our contacts and co operation with international, regional and non governmental organizations within a given region or sub region.
So I feel that we are on the right path in responding effectively to requests for technical assistance and capacity building from Member States. But, clearly, much work remains. With our UN partners we have continued our efforts over the past year to build further momentum around the human rights mainstreaming agenda and to give it a clearer sense of direction. For example, we have organized in cooperation with them a number of expert meetings and seminars on issues such as human rights and the environment, bioethics and trafficking. In cooperation with UNDP, we have recently finalized a revision of the Human Rights Strengthening (HURIST) joint programme, designed to enhance UNDP programming capacities and develop tools and methodologies for the integration of human rights within several of its key practice areas, including pro-poor policies and governance.
We have also taken steps to strengthen our work with UN country teams. And the presence of human rights specialists is becoming a standard feature of peace-keeping and other UN operations. Last week a meeting of experienced practitioners and rights-based programming experts from UN agencies, programmes, funds and OHCHR field offices from around the world was organised to consider a strategy to enhance OHCHR's catalytic role in human rights mainstreaming at UN Country Team level, for the benefit of all stakeholders in development.
Field work is an essential dimension in OHCHR work, whether in connection with the human rights elements of peace-keeping, peace-building or with respect to OHCHR stand alone field presences. Our staff on the ground - often working in very difficult and challenging circumstances – play an important role at the national level in creating or strengthening capacities and infrastructures for human rights promotion and protection.
Reform
The Secretary-General has recently launched a new phase of his plans to strengthen the United Nations and to make it a more effective organization capable of addressing the principles and priorities set out by world leaders in the Millennium Declaration.
Part of this process will be a comprehensive management review of the working methods and functions of OHCHR. I welcome the opportunity this review, to be carried out by the Office of Internal Oversight Services, provides in taking forward the management of change process I initiated in 2000. It presents us with an opportunity to evaluate the dynamic state of the UN human rights programme and to strengthen its capacity to further the Millennium Declaration priorities.
Some years ago you reviewed the mechanisms of the Commission itself. But the true strength of an institution such as this is determined by the values of its members, as much as by the efficiency of its procedures.
I would like to put an idea to you for your consideration: that membership of the Commission brings with it obligations as well as rights. I am not speaking of legal obligations. These are already set down in international law and are common to all. What I mean is that, whilst the obligations created by the Charter and the Universal Declaration apply to every State, they should be felt most keenly and applied most rigorously, by those who sit as members in this pre-eminent human rights forum. The Commission has a distinguished history of achievement. But if it is to continue to enjoy the trust and respect of the broader international community, including civil society, then membership of the Commission should be clearly seen as meaning more than the protection of national interests.
In practical terms, what can or should Commission Members do to advance the credibility and reputation of this body?
An answer might be for States to use the period of their membership of the Commission to consider afresh adherence to those human rights instruments to which they are not yet a party and to improve compliance with their treaty body reporting obligations. A growing number of States, 35 to date, have agreed to issue a standing visit invitation to all thematic rapporteurs. It would be a strong message if this list of States were to include all the members of the Commission.
Looking forward
As this session of the Commission begins, we should also consider how our work over the next six weeks relates to other upcoming UN events of vital importance to the greater realization of human rights around the world. The International Conference on Financing for Development is getting underway today in Mexico. As the Secretary-General has put it, there is a global deal on the table in Monterrey: developing countries doing more to reform their economies and increase spending on the needs of the poor, while the rich countries support this with trade, aid, investment and debt relief. It is critical that the outcome of Monterrey contributes to the greater realization of the right to development.
In May 2002 the Permanent Forum on Indigenous Issues will have its first session at UN Headquarters in New York. For the first time we have a body in which indigenous peoples are real partners, 8 of whom are governmental appointments and 8 of whom have been nominated by indigenous people. The Forum will benefit from the participation of community representatives, elders, youth, women's groups, indigenous teachers or health associations, and so on. And if the experience of the UN's Working Group on Indigenous Populations is anything to go on, they will enormously enrich the discussions and legitimacy of the Forum.
The Forum is not a project of OHCHR alone. The Permanent Forum mandate extends beyond human rights. So we must find a new management tool to ensure we serve the new Forum in a new way. I believe we have together come up with such a tool. The UN system, including the World Bank, has established an inter-agency steering group for the Permanent Forum which is preparing to take joint managerial responsibility for the secretariat team that services the Forum.
A further event in May is the General Assembly Special Session on Children, which was postponed due to the events of 11 September. It provides a valuable opportunity to advance the rights of the most vulnerable members of the human family – our children. I look forward to the final outcome reaffirming the centrality of the Convention on the Rights of the Child as the best possible international framework for ensuring the well-being of children and the protection and promotion of their rights worldwide.
The links between human rights, children, and the World Summit on Sustainable Development to be held in Johannesburg in August, are clear. We may all agree on the idea of sustainable development, but have we taken the necessary steps to change our ways of life to ensure the planet will be fit for future generations?
I conclude by recognizing the heavy responsibility placed on this Commission to give leadership in upholding international human rights standards in a new world environment coping with threats of acts of terrorism and even an apprehension of the possibility of weapons of mass destruction being deployed.
I wish you success in your deliberations and look forward to supporting you in the challenges you face during this session.
Thank you.
* *** *
Statement by
Mary Robinson,
United Nations High Commissioner
for Human Rights
at the opening of the 58th Session of
the Commission on Human Rights,
Mr. Chairman,
Excellencies,
Distinguished members of the Commission,
Colleagues, NGOs, ladies and gentlemen,
I am pleased to address you today on the opening of the 58th session of the Commission on Human Rights. The Commission is the forum at which the most comprehensive debate on the state of human rights in our world is pursued. It is also the time when the range of activities undertaken on behalf of the Commission to advance the protection and promotion of human rights is reviewed and assessed.
This will be the last year I will address the Commission as High Commissioner. As you know, in March of last year the Secretary-General prevailed upon me to extend my term of office for a year, and this was approved by the General Assembly. When I agreed I could never have imagined what lay ahead - the events of 11 September, which I characterized as a crime against humanity, had a profound impact on our world and, in a very particular way, on the work of my Office.
It has been a period which challenged us all and which I believe highlighted once again the importance of having a strong and independent Office with a principled commitment to the universal application of human rights standards, and with the integrity to stand up and speak publicly about those issues in all states, even in the most difficult circumstances.
I know that at times my voice may have been considered awkward but I must say my inner ear was always tuned to the Secretary-General’s words of advice to me at the time of my appointment as High Commissioner: “stay an outsider within the United Nations”. Those words were echoed, and welcomed, by human rights activists and supporters in all parts of our troubled world over the past four and a half years, and I thank the Secretary-General for his trust and support and for providing me with such an apt motto.
I pledge to him, to you all and those you represent, - and in a special way to those who will never hear these words, the victims of human rights abuses, - that in my remaining six months as High Commissioner I shall serve with great enthusiasm and to the best of my abilities. I am very proud of the team of colleagues that I lead and will be proud to leave to my successor an Office that has developed a high standard of professionalism and a clear and vital role in the United Nations human rights programme.
The events of 11 September were not only of monumental consequence for the people of the United States and the victims who came from over 80 other countries. These acts were an attack against the very system of international relations on which this Commission and the entire work of the United Nations is based.
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.
Let us recall that the foundations of the international human rights system rest in the Charter. The Universal Declaration and the corpus of standards that flowed from that historic statement of principles and goals, provide the structure within which the system has developed. The Vienna World Conference affirmed the integrity of the structure by recognizing the indivisibility of the individual's human rights and the legitimacy of international concern for their protection. Finally, the UN Millennium Declaration gave us a renewal of the pledge of international co operation in the context of a globalising world and the acceptance by states of their collective responsibility to uphold the principles of human dignity, equality and equity at the global level.
I believe that those international human rights standards are at some risk of being undermined and that there is a particular responsibility on this Commission to defend them vigorously. It was important in the aftermath of 11th September that the Security Council acted firmly by adopting Council Regulation 1373. It also established a new mechanism, the Counter Terrorism Committee, both to oversee its implementation and to continue effective measures at the international level to counter terrorism.
My Office has interacted constructively with the Counter Terrorism Committee. When I addressed its members in January, I encouraged them both to circulate additional guidelines drawing Member States’ attention to the importance of adhering to the international human rights standards and that the Committee might consider adding a human rights expert to the panel of experts already assembled, which is being considered. However, I recognize that it is this Commission which has the primary responsibility to safeguard these standards. I invite you to consider whether it might be possible to establish a mechanism to monitor the implementation of Council Regulation 1373 from a human rights perspective, and I offer the full support of my Office in this regard.
I shall speak further on the subject of human rights, human security and terrorism under Agenda Item 4. But I wish to emphasize 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.
We have valuable new agendas from the World Conference on Racism and last years’ United Nations Year of Dialogue among Civilisations. The Plans of Action from both of these initiatives are even more relevant after 11 September. At a time when there is a sharp rise in Islamophobia, anti-Arab and anti-Semitic expression these plans of action need to be implemented fully by all States. I am pleased that the General Assembly has supported the Anti-Discrimination Unit, which will give OHCHR a solid foundation to play our part in combating racism and discrimination.
Mr. Chairman, distinguished colleagues,
I visited Afghanistan last week. Afghanistan now stands at a crossroads. After years of war and darkness, its people want to return to a time without abuse by their own leaders, the ability to choose their own destiny without foreign interference, and restoration of their place in our family of nations.
I was delighted to mark International Women’s Day in Kabul. It was a remarkable opportunity to celebrate with the women of Afghanistan their determination to claim their rights and proper place in Afghan society.
The first Afghan national workshop on human rights was convened in Kabul with the support of my Office and the Office of the Special Representative of the Secretary-General on Afghanistan, Mr. Lakhdar Brahimi. The Workshop brought together 90 participants who included members of the Interim Administration, the emergency Loya Jirga Commission and civil society from around the country, to undertake joint planning for the implementation of the core human rights provisions of the Bonn Agreement.
My office is committed to providing technical and financial support for the four standing working groups set up to focus on the establishment of an independent human rights commission; addressing issues of accountability and transitional justice, a national program of human rights education, and women’s rights. These working groups provide important processes that link the various ministries of the Interim Administration and civil society. They provide a useful framework to discuss the best ways to establish mechanisms for ensuring respect for the rule of law and human rights in the country.
Chairman Karzai took a significant step during the Workshop by announcing his commitment to establishing a truth commission for Afghanistan. He indicated that the Commission should seek to uncover the atrocities committed over two decades of war and to seek accountability for perpetrators of past abuses of human rights. My Office is committed to assisting Afghanistan in this endeavour.
The most pressing issue in Afghanistan today is human security. It was encouraging to see that Kabul has relative stability thanks to the efforts of the International Security Assistance Force. The rest of the country remains unsafe. The situation in the north of Afghanistan is particularly worrying.
When I visited Mazar-i-Sharif, I met with men and women of the Pashtun community who spoke of the killings, looting, and the theft of animals that is taking place now in this area. Women told me about how the militias currently in control of the area subjected them and their young daughters to multiple rape. I am pleased that Chairman Karzai is taking reports of abuses such as this very seriously and has sent a three-member commission to the area to examine the situation. The responsibility to restore human security lies with the Interim Administration and there is a need for an immediate de-commissioning of weapons. But until the Interim Administration becomes effective in protecting the people of Afghanistan, the extension of the mandate of the International Force beyond Kabul is, I believe, imperative.
As you are aware, over the last two years, I have been engaged in a dialogue with the Russian authorities on the situation of human rights in the Republic of Chechnya of the Russian Federation. The authorities have provided me with information on many questions, and most recently with detailed information on investigation and prosecution of cases of alleged crimes committed among others by the military against civilians. While the small number of convictions is not yet commensurate with the scale of the allegations of serious human rights abuse, it is to be noted that there is movement in a positive direction in this area. But continued and major efforts are needed.
I also welcome the invitations to the Special Rapporteur on violence against women and the Special Representative of the Secretary-General on children and armed conflicts to visit Chechnya. It is vital that invitations be extended to three further mechanisms, those on internally displaced persons, extrajudicial executions and torture, as a matter of priority.
I am deeply concerned that we continue to receive reports of serious abuses on both sides of this conflict. The Memorial Society reports on-going “clean-up” operations by the federal military, with the detention of civilians, allegedly often accompanied by beating, torture, disappearances and murder. Indeed, too many people have been displaced; too many families have lost their sons and daughters. It is time to stop the cycle of violence. Both sides should sit down in good faith seeking a political settlement to the problems of Chechnya.
In May 2001 my Office embarked on a human rights needs assessment for the Central Asia region, which was welcomed by most of the countries in the area. The aim is to formulate a programme to assist these countries in developing their national capacities to protect and promote human rights. Kazakhstan received an expert delegation from OHCHR in December, and further missions, to Tajikistan, Uzbekistan and Kyrgyzstan are currently underway. Support from UN and OSCE offices in the region has also been heartening. I am hoping for a positive response from the government of Turkmenistan on receiving a similar delegation.
Chairman, Ladies and gentlemen,
I recently had short but constructive visits to Egypt, Bahrain and Lebanon. In Bahrain, I welcomed the King’s decision, taken during my stay, to accede to CEDAW. I also noted the important provisions of the National Action Charter aiming at the establishment of a democratically-elected legislative body, affirming women’s political rights to vote and to stand for elections, the planned guarantees for the separation of powers, and for an independent judiciary, the safeguards for individual rights and freedoms. The challenge of implementing that programme is one for the people of Bahrain to meet and they deserve the encouragement and the support of the international community.
While in the region, discussions also focused on the tragic cycle of violence that is worsening in the Occupied Palestinian Territories. Last year, the Commission had the opportunity to consider the report of my visit to the region in November 2000. Regrettably, as we know all too well, efforts of the international community, including those of the Commission on Human Rights, have not brought an end to the hostilities and Palestinians continue to be subjected to a wide range of human rights violations related to the ongoing occupation. Israel also continues to suffer from deliberate killings of civilians. I re-iterate my call for international observers to be present on the ground as a deterrent to the violations of human rights in the Occupied Palestinian Territories and also to promote human security against suicide and other attacks on Israeli civilians. Let me just underline the negative impact of the ongoing conflict in the whole region in that it risks undermining respect for the principles and common values that we have struggled to build over the past 50 years.
Sierra Leone is a country in which my Office has been supporting the transition from conflict. A Truth and Reconciliation Commission Act was adopted by the Sierra Leone parliament in February 2000. OHCHR is implementing several technical co-operation projects supporting its work.
In order to provide the resources for the functioning of the Truth and Reconciliation Commission during the first fifteen months of its operations, I recently issued a special appeal, to which I hope donors will respond generously to enable the Commission to commence work as proposed on 1 June 2002.
We have just seen a difficult election conducted in Zimbabwe. On the African continent some observers have declared their satisfaction with the election process, while other African observers pointed to very serious flaws. The Commonwealth group, among others, condemned political violence by government supporters which they said even targeted election monitors. Before the election I had expressed my growing concern at the violence, intimidation and lack of respect for the rule of law and other democratic norms in Zimbabwe. Perhaps most worrying is the devastating effect that the political situation has had on the economic well being of millions of poor Zimbabweans and the broader impact on Southern Africa. At a time when African leaders are coming together under the umbrella of NEPAD - an initiative that is based on concepts of democracy, responsibility and good governance - these developments are particularly unwelcome. I hope that the Commission will find a way to address this issue from a human rights perspective.
The breakdown of the negotiation process between the government and the FARC brings a new urgency to the protracted Colombian conflict. It is a deeply worrying situation that I will address separately in this Commission. My Office is prepared to assume a larger monitoring role on the implementation of human rights and international humanitarian law throughout the country.
It is essential that we continue to strengthen new and vulnerable institutions in East Timor, as it looks forward to the full exercise of sovereignty in May. My Office has engaged in a project of technical cooperation with UNTAET to strengthen national infrastructure for the promotion and protection of human rights in the country. The project has involved human rights training for police officers, judges, prosecutors, public defenders and lawyers.
Technical cooperation between my Office and the Government of Indonesia regarding the prosecution of human rights violations committed in East Timor in 1999 is suspended. Presidential Decree 53, of 23 April 2001, established the Ad hoc Human Rights Court. This Decree limited the jurisdiction of the court to those cases arising from the violence that took place after the popular consultation held on 30 August 1999 and therefore excluded the many human rights abuses which occurred prior to that date. This Decree was revised by Presidential Decree 96 of 1 August 2001. The effect of that revision is that the Ad hoc Human Rights Court may now consider incidents that occurred during the months of April and September 1999. However, Presidential Decree 96 also limits the jurisdiction of the court to only three districts in East Timor, namely, Dili, Liquisa and Suai. The time and geographical limitations on the jurisdiction of the Ad hoc Human Rights Court introduced by Presidential Decree 96 continue to affect the capacity of the court to consider a number of serious incidents reported by the United Nations International Commission of Inquiry on East Timor and by the Indonesian Commission of Investigation into Human Rights Violations in East Timor. These limitations remain a matter of concern. Nonetheless, we will observe how the current trials proceed and assess whether it may be possible to offer technical support in the future
The present OHCHR programme of technical cooperation in China is based on an amendment to our MOU signed in November 2001. The programme for 2002 will continue the earlier work on human rights training for police, punishment for minor crimes and human rights education. New areas of work this year are training for judges and lawyers and prison administrators, activities in the provinces to promote economic, social and cultural rights, fellowships and support for academic institutions. While co-operation with China is progressing well, I have also during my visit of last November, as on previous visits, had to raise with the Chinese authorities a number of human rights concerns.
Regional Strategies
As you are aware, we have strengthened our activities at the regional level through the appointment of OHCHR regional representatives based in the UN Economic Commissions and at the seat of sub-regional institutions. Our objective is that the regional representatives will enhance OHCHR capacity to be of service and to assist you, the Member States. Experience has taught our Office that presence in the regions will enable us to be more efficient and more responsive to requests for advice. And it will ensure that we remain conscious of the need to fulfil our commitments to follow up any activities agreed upon under the regional human rights frameworks.
Having regional representatives in place will also provide much needed support for our work with UN country teams and will enable us to deepen our contacts and co operation with international, regional and non governmental organizations within a given region or sub region.
So I feel that we are on the right path in responding effectively to requests for technical assistance and capacity building from Member States. But, clearly, much work remains. With our UN partners we have continued our efforts over the past year to build further momentum around the human rights mainstreaming agenda and to give it a clearer sense of direction. For example, we have organized in cooperation with them a number of expert meetings and seminars on issues such as human rights and the environment, bioethics and trafficking. In cooperation with UNDP, we have recently finalized a revision of the Human Rights Strengthening (HURIST) joint programme, designed to enhance UNDP programming capacities and develop tools and methodologies for the integration of human rights within several of its key practice areas, including pro-poor policies and governance.
We have also taken steps to strengthen our work with UN country teams. And the presence of human rights specialists is becoming a standard feature of peace-keeping and other UN operations. Last week a meeting of experienced practitioners and rights-based programming experts from UN agencies, programmes, funds and OHCHR field offices from around the world was organised to consider a strategy to enhance OHCHR's catalytic role in human rights mainstreaming at UN Country Team level, for the benefit of all stakeholders in development.
Field work is an essential dimension in OHCHR work, whether in connection with the human rights elements of peace-keeping, peace-building or with respect to OHCHR stand alone field presences. Our staff on the ground - often working in very difficult and challenging circumstances – play an important role at the national level in creating or strengthening capacities and infrastructures for human rights promotion and protection.
Reform
The Secretary-General has recently launched a new phase of his plans to strengthen the United Nations and to make it a more effective organization capable of addressing the principles and priorities set out by world leaders in the Millennium Declaration.
Part of this process will be a comprehensive management review of the working methods and functions of OHCHR. I welcome the opportunity this review, to be carried out by the Office of Internal Oversight Services, provides in taking forward the management of change process I initiated in 2000. It presents us with an opportunity to evaluate the dynamic state of the UN human rights programme and to strengthen its capacity to further the Millennium Declaration priorities.
Some years ago you reviewed the mechanisms of the Commission itself. But the true strength of an institution such as this is determined by the values of its members, as much as by the efficiency of its procedures.
I would like to put an idea to you for your consideration: that membership of the Commission brings with it obligations as well as rights. I am not speaking of legal obligations. These are already set down in international law and are common to all. What I mean is that, whilst the obligations created by the Charter and the Universal Declaration apply to every State, they should be felt most keenly and applied most rigorously, by those who sit as members in this pre-eminent human rights forum. The Commission has a distinguished history of achievement. But if it is to continue to enjoy the trust and respect of the broader international community, including civil society, then membership of the Commission should be clearly seen as meaning more than the protection of national interests.
In practical terms, what can or should Commission Members do to advance the credibility and reputation of this body?
An answer might be for States to use the period of their membership of the Commission to consider afresh adherence to those human rights instruments to which they are not yet a party and to improve compliance with their treaty body reporting obligations. A growing number of States, 35 to date, have agreed to issue a standing visit invitation to all thematic rapporteurs. It would be a strong message if this list of States were to include all the members of the Commission.
Looking forward
As this session of the Commission begins, we should also consider how our work over the next six weeks relates to other upcoming UN events of vital importance to the greater realization of human rights around the world. The International Conference on Financing for Development is getting underway today in Mexico. As the Secretary-General has put it, there is a global deal on the table in Monterrey: developing countries doing more to reform their economies and increase spending on the needs of the poor, while the rich countries support this with trade, aid, investment and debt relief. It is critical that the outcome of Monterrey contributes to the greater realization of the right to development.
In May 2002 the Permanent Forum on Indigenous Issues will have its first session at UN Headquarters in New York. For the first time we have a body in which indigenous peoples are real partners, 8 of whom are governmental appointments and 8 of whom have been nominated by indigenous people. The Forum will benefit from the participation of community representatives, elders, youth, women's groups, indigenous teachers or health associations, and so on. And if the experience of the UN's Working Group on Indigenous Populations is anything to go on, they will enormously enrich the discussions and legitimacy of the Forum.
The Forum is not a project of OHCHR alone. The Permanent Forum mandate extends beyond human rights. So we must find a new management tool to ensure we serve the new Forum in a new way. I believe we have together come up with such a tool. The UN system, including the World Bank, has established an inter-agency steering group for the Permanent Forum which is preparing to take joint managerial responsibility for the secretariat team that services the Forum.
A further event in May is the General Assembly Special Session on Children, which was postponed due to the events of 11 September. It provides a valuable opportunity to advance the rights of the most vulnerable members of the human family – our children. I look forward to the final outcome reaffirming the centrality of the Convention on the Rights of the Child as the best possible international framework for ensuring the well-being of children and the protection and promotion of their rights worldwide.
The links between human rights, children, and the World Summit on Sustainable Development to be held in Johannesburg in August, are clear. We may all agree on the idea of sustainable development, but have we taken the necessary steps to change our ways of life to ensure the planet will be fit for future generations?
I conclude by recognizing the heavy responsibility placed on this Commission to give leadership in upholding international human rights standards in a new world environment coping with threats of acts of terrorism and even an apprehension of the possibility of weapons of mass destruction being deployed.
I wish you success in your deliberations and look forward to supporting you in the challenges you face during this session.
Thank you.
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