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31 July 2000
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31 July 2000
United Nations
Office of the High Commissioner for Human Rights
Opening of the 52nd Session of the Sub-Commission
on the Promotion and Protection of Human Rights
Mr. Chairman,
Distinguished Members of the Sub-Commission,
Ladies and Gentlemen,
It is my pleasure to welcome all of you to the 52nd session of the Sub-Commission on the Promotion and Protection of Human Rights. Allow me to extend a particular welcome to the newly elected members of the Sub-Commission and to offer my warmest congratulations on their election. I pledge to you my full support and that of the entire staff of my Office throughout this session of the Sub-Commission.
The Year in Human Rights
It has been an eventful year for the cause of human rights. The Beijing+5 and Copenhagen+5 review conferences have been useful stock-taking exercises as regards the programmes of governments in the vital areas of social development and women’s rights. Perhaps the most valuable outcome of both reviews is to remind us of the ground which must be made up if the commitments made at these conferences are to be fulfilled.
On the normative front, there have been positive developments. Last October the General Assembly adopted the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women which provides for a mechanism for individuals or groups to submit claims of violations of women’s rights to CEDAW. And earlier this year the two Optional Protocols to the Convention on the Rights of the Child were adopted, one concerning the involvement of children in armed conflict, the second relating to the sale of children, child prostitution and child pornography.
At its last session, the Commission on Human Rights took a number of decisions which have the potential to advance the cause of human rights in a significant way. High among these was the decision to appoint a special representative of the Secretary-General on the situation of human rights defenders, a development which has received a very positive response internationally. The promotion and defence of human rights depend on the vital work of human rights defenders and the appointment of a Special Representative should both send out a signal of the importance attached to the work of human rights defenders and, at the same time, be of practical benefit in their work.
The decision of the Commission to appoint two new Special Rapporteurs, on the right to adequate housing and the right to food, is also welcome, as is the streamlining of the structural adjustment and foreign debt mandates under one independent expert. These decisions should strengthen efforts to further consolidate economic, social and cultural rights.
I welcome the decision to establish a Permanent Forum on Indigenous Issues as a subsidiary organ of the Economic and Social Council. This new Permanent Forum promises to give indigenous peoples a unique voice within the United Nations system commensurate with the unique problems which indigenous peoples face.
Instances of serious violations of human rights remain a source of deep concern. Next week I will visit East Timor where the people are struggling to come to terms with the events of last year. The challenge they face is nothing less than the building of a human rights culture from scratch. I am concerned about continuing reports of human rights abuses in Chechnya which I visited in April. Worrying reports persist about serious human rights violations in Indonesia and certain Pacific island states, in the former Yugoslavia, Sierra Leone, Afghanistan and the Democratic Republic of the Congo - to name only some of the situations that call for attention. These instances bring home the need to strengthen our resolve to put human rights norms into practice in a serious way and thus avoid the recurrence of grave violations.
Role of the Sub-Commission
Since its establishment, the Sub-Commission has played an important role within the United Nations in the promotion and protection of human rights. Thanks to your expertise and experience, supported by the valuable contribution of non-governmental organizations, you have been able to provide the United Nations with useful recommendations on many issues relating to the enjoyment of human rights and the prevention of violations of human rights.
I would like to refer to a number of areas where I feel that the Sub-Commission has a particular role to play:
World Conference against Racism
As a centre of thought and reflection on human rights, the Sub-Commission has been called upon by the Commission on Human Rights to participate actively in the preparatory process for the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, with a view to ensuring its success. Following this request, the Sub-Commission addressed a number of proposals to the Preparatory Committee regarding the themes on which the World Conference should focus. Several studies have been initiated, such as those on affirmative action and on the rights of non citizens.
A working paper containing interesting proposals for the World Conference was submitted to the first session of the Preparatory Committee by Mr. Paulo Sergio Pinheiro, distinguished member of the Sub-Commission. In his paper Mr. Pinheiro described several areas of major concern with respect to the most serious manifestations of racism in the past decade. He identified a number of aspects as requiring particular attention at the World Conference: the problem of denial of racism; discrimination and exclusion in multiracial societies; and ethnic divisions in areas affected by armed conflicts.
A whole cluster of items in the Sub-Commission agenda relate to issues to be tackled by the World Conference, including thematic issues relating to the elimination of racial discrimination, such as xenophobia, the situation of migrants, the prevention of discrimination and protection of minorities, freedom of movement, and indigenous rights. May I encourage you to continue to give priority consideration to those issues and thus to add new achievements to your credit.
Despite the recent change of your title, the protection of minorities and other vulnerable groups has remained a major area of concern for the Sub-Commission. In this regard the work of the Working Group on Minorities deserves to be specifically mentioned. One of its recommendations this year was that its Chairperson-Rapporteur should deliver a statement at the World Conference.
Also in this context I wish to refer to the working paper on the human rights problems of the Roma prepared by Mr Sik Yuen. This paper will be considered by CERD at its thematic discussion on the racial discrimination against Roma scheduled for the middle of this month.
Economic, social and cultural rights
The Sub-Commission has contributed importantly over the years to the thinking and content of economic, social and cultural rights as well as the right to development. This year the Sub-Commission has a special reason to feel proud in having played its part, through its studies on the right to food and on adequate housing, in the establishment by the Commission Human Rights of the two new special procedures mandates. I would encourage you to continue your important research work in the field of economic, social and cultural rights and the right to development. I draw your attention to the paper prepared by my Office for the Copenhagen+5 review and to the initiatives which emerged at that conference. It is striking, as one looks at the Copenhagen+5 review, how many of the areas requiring attention have a significant human rights perspective, even if they are not always couched in human rights language. I believe that there are fruitful possibilities here which are worth pursuing.
As you are aware, this year’s Human Development Report takes as its theme human rights and human development. Already the report is proving to be a landmark in the human rights debate and a rich source of discussion and insights. I recommend it strongly to your attention and hope that you will take up its themes in your deliberations.
Globalization, Business and Human Rights
The impact of globalization and the relationship between business and human rights are issues already enriched by the Sub-Commission’s work, where further contributions would be welcome. I note that the Commission this year endorsed the nomination as special rapporteurs of Mr. Oloka-Onyango and Ms. Deepika Udagama on globalization and its impact on the full enjoyment of all human rights. I should like to compliment them for their valuable efforts in such a vital area. This year the sessional Working Group on the working methods and activities of transnational corporations will meet again. Last year it adopted a number of recommendations. In one of these it was proposed that a paper on the identification and examination of the effects of the activities of transnational corporations on the enjoyment of human rights as well as on a draft mechanism for the implementation of the code of conduct for transnational corporations be prepared.
Last week I attended a meeting in New York for the formal launch of the Secretary-General’s Global Compact initiative. The main message I took from that meeting was that a significant number of major corporations are interested in engaging with the initiative, adopting an explicit public commitment to the nine basic principles covering human rights, labour standards and the environment. My Office prepared a stock taking paper for that meeting which I would draw to your attention in urging the Sub-Commission to continue shaping the debate on these vital issues.
Youth issues
In his report for the Millennium Assembly, the Secretary-General drew attention to the special needs of children and young people. He urged Heads of State and Government to take action, in particular in the area of education, to narrow the gender gap in primary and secondary education by 2005 and to ensure that, by 2015 , all children complete a full course of primary education. He also urged Governments to develop strategies to reduce joblessness among youth. As the Secretary-General pointed out:
“More than 1 billion people today are between the ages of 15 and 24; in fact, nearly 40% of the world’s population is below the age of 20. Young people are a source of creativity, energy and initiative, of dynamism and social renewal. They learn quickly and adapt readily. Given the chance to go to school and find work, they will contribute hugely to economic development and progress”.
A number of items on your provisional agenda touch directly or indirectly on issues affecting children and young people. The right to education is included under item 4, juvenile justice is referred to under item 9, and item 11 specifically deals with the promotion, full realization and protection of the rights of children and youth.
Two workings groups of the Sub-Commission have also highlighted youth issues. This year the Working Group on Indigenous Populations decided to discuss indigenous children and youth and invited the Rapporteur of the Committee on the Rights of the Child to address the session; next year the Working Group on Contemporary Forms of Slavery will consider the question of trafficking in persons, in particular women, young people and children, and has invited all interested Governments, NGOs, specialized agencies and others to contribute to the next session of the Working Group and to participate in the debate.
I would encourage the Sub-Commission to continue to devote attention to the issue of human rights of children and young people, including the preparation of studies.
Changing role of the Sub-Commission
Let me say a word about the role of the Sub-Commission in the future. As I said at the outset, the human rights scene is evolving in many respects. This applies also to the UN’s mechanisms to deal with human rights. Last year the Sub-Commission made known its positions with regard to changes proposed by the Bureau of the 54th session of the Commission on Human Rights. The proposed changes were discussed at length by the Working Group on enhancing the effectiveness of the mechanisms of the Commission established by the 55th session of the Commission.
The report of the Working Group was sent to you together with your invitations and therefore I do not need to go into detail. I should like however to underline that, with respect to the Sub-Commission, the final proposals retained by the Working Group - and as you know the Working Group’s report was adopted in its entirety by the Commission - coincide in many respects with those proposals which you favoured. Thus, Members of the Sub-Commission will continue to be elected by the Commission on Human Rights for terms of four years without establishing tenure limits, the Working Group on Contemporary Forms of Slavery will continue to meet though for a slightly shortened period; the Working Group on Communications still retains its role and the Chair of that Working Group will have added functions.
The reduction of the number of weeks of your annual session did not meet your approval and you gave pertinent arguments for opposing such a reduction. The Commission’s decision to reduce your meeting by one week faces you with the challenge of concentrating your activities in the shorter time available. I am confident that this will not prevent you from developing further your invaluable role of examining new human rights issues and elaborating recommendations and initiatives to better protect human rights.
Ladies and Gentlemen,
By virtue of your expertise, long experience and close contacts with the NGO community, the Sub-Commission is well placed to provide advice and recommendations on how United Nations human rights activities can be more focussed and further enhanced. As High Commissioner for Human Rights, I would like you to know that I count a great deal on your advice and constructive criticism and encourage you to engage in a permanent dialogue with me on matters of common concern.
Let me conclude by wishing you a fruitful debate and a successful session, and by pledging to you, once more, my full support and that of my colleagues.
Thank you.
United Nations
Office of the High Commissioner for Human Rights
Opening of the 52nd Session of the Sub-Commission
on the Promotion and Protection of Human Rights
Mr. Chairman,
Distinguished Members of the Sub-Commission,
Ladies and Gentlemen,
It is my pleasure to welcome all of you to the 52nd session of the Sub-Commission on the Promotion and Protection of Human Rights. Allow me to extend a particular welcome to the newly elected members of the Sub-Commission and to offer my warmest congratulations on their election. I pledge to you my full support and that of the entire staff of my Office throughout this session of the Sub-Commission.
The Year in Human Rights
It has been an eventful year for the cause of human rights. The Beijing+5 and Copenhagen+5 review conferences have been useful stock-taking exercises as regards the programmes of governments in the vital areas of social development and women’s rights. Perhaps the most valuable outcome of both reviews is to remind us of the ground which must be made up if the commitments made at these conferences are to be fulfilled.
On the normative front, there have been positive developments. Last October the General Assembly adopted the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women which provides for a mechanism for individuals or groups to submit claims of violations of women’s rights to CEDAW. And earlier this year the two Optional Protocols to the Convention on the Rights of the Child were adopted, one concerning the involvement of children in armed conflict, the second relating to the sale of children, child prostitution and child pornography.
At its last session, the Commission on Human Rights took a number of decisions which have the potential to advance the cause of human rights in a significant way. High among these was the decision to appoint a special representative of the Secretary-General on the situation of human rights defenders, a development which has received a very positive response internationally. The promotion and defence of human rights depend on the vital work of human rights defenders and the appointment of a Special Representative should both send out a signal of the importance attached to the work of human rights defenders and, at the same time, be of practical benefit in their work.
The decision of the Commission to appoint two new Special Rapporteurs, on the right to adequate housing and the right to food, is also welcome, as is the streamlining of the structural adjustment and foreign debt mandates under one independent expert. These decisions should strengthen efforts to further consolidate economic, social and cultural rights.
I welcome the decision to establish a Permanent Forum on Indigenous Issues as a subsidiary organ of the Economic and Social Council. This new Permanent Forum promises to give indigenous peoples a unique voice within the United Nations system commensurate with the unique problems which indigenous peoples face.
Instances of serious violations of human rights remain a source of deep concern. Next week I will visit East Timor where the people are struggling to come to terms with the events of last year. The challenge they face is nothing less than the building of a human rights culture from scratch. I am concerned about continuing reports of human rights abuses in Chechnya which I visited in April. Worrying reports persist about serious human rights violations in Indonesia and certain Pacific island states, in the former Yugoslavia, Sierra Leone, Afghanistan and the Democratic Republic of the Congo - to name only some of the situations that call for attention. These instances bring home the need to strengthen our resolve to put human rights norms into practice in a serious way and thus avoid the recurrence of grave violations.
Role of the Sub-Commission
Since its establishment, the Sub-Commission has played an important role within the United Nations in the promotion and protection of human rights. Thanks to your expertise and experience, supported by the valuable contribution of non-governmental organizations, you have been able to provide the United Nations with useful recommendations on many issues relating to the enjoyment of human rights and the prevention of violations of human rights.
I would like to refer to a number of areas where I feel that the Sub-Commission has a particular role to play:
World Conference against Racism
As a centre of thought and reflection on human rights, the Sub-Commission has been called upon by the Commission on Human Rights to participate actively in the preparatory process for the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, with a view to ensuring its success. Following this request, the Sub-Commission addressed a number of proposals to the Preparatory Committee regarding the themes on which the World Conference should focus. Several studies have been initiated, such as those on affirmative action and on the rights of non citizens.
A working paper containing interesting proposals for the World Conference was submitted to the first session of the Preparatory Committee by Mr. Paulo Sergio Pinheiro, distinguished member of the Sub-Commission. In his paper Mr. Pinheiro described several areas of major concern with respect to the most serious manifestations of racism in the past decade. He identified a number of aspects as requiring particular attention at the World Conference: the problem of denial of racism; discrimination and exclusion in multiracial societies; and ethnic divisions in areas affected by armed conflicts.
A whole cluster of items in the Sub-Commission agenda relate to issues to be tackled by the World Conference, including thematic issues relating to the elimination of racial discrimination, such as xenophobia, the situation of migrants, the prevention of discrimination and protection of minorities, freedom of movement, and indigenous rights. May I encourage you to continue to give priority consideration to those issues and thus to add new achievements to your credit.
Despite the recent change of your title, the protection of minorities and other vulnerable groups has remained a major area of concern for the Sub-Commission. In this regard the work of the Working Group on Minorities deserves to be specifically mentioned. One of its recommendations this year was that its Chairperson-Rapporteur should deliver a statement at the World Conference.
Also in this context I wish to refer to the working paper on the human rights problems of the Roma prepared by Mr Sik Yuen. This paper will be considered by CERD at its thematic discussion on the racial discrimination against Roma scheduled for the middle of this month.
Economic, social and cultural rights
The Sub-Commission has contributed importantly over the years to the thinking and content of economic, social and cultural rights as well as the right to development. This year the Sub-Commission has a special reason to feel proud in having played its part, through its studies on the right to food and on adequate housing, in the establishment by the Commission Human Rights of the two new special procedures mandates. I would encourage you to continue your important research work in the field of economic, social and cultural rights and the right to development. I draw your attention to the paper prepared by my Office for the Copenhagen+5 review and to the initiatives which emerged at that conference. It is striking, as one looks at the Copenhagen+5 review, how many of the areas requiring attention have a significant human rights perspective, even if they are not always couched in human rights language. I believe that there are fruitful possibilities here which are worth pursuing.
As you are aware, this year’s Human Development Report takes as its theme human rights and human development. Already the report is proving to be a landmark in the human rights debate and a rich source of discussion and insights. I recommend it strongly to your attention and hope that you will take up its themes in your deliberations.
Globalization, Business and Human Rights
The impact of globalization and the relationship between business and human rights are issues already enriched by the Sub-Commission’s work, where further contributions would be welcome. I note that the Commission this year endorsed the nomination as special rapporteurs of Mr. Oloka-Onyango and Ms. Deepika Udagama on globalization and its impact on the full enjoyment of all human rights. I should like to compliment them for their valuable efforts in such a vital area. This year the sessional Working Group on the working methods and activities of transnational corporations will meet again. Last year it adopted a number of recommendations. In one of these it was proposed that a paper on the identification and examination of the effects of the activities of transnational corporations on the enjoyment of human rights as well as on a draft mechanism for the implementation of the code of conduct for transnational corporations be prepared.
Last week I attended a meeting in New York for the formal launch of the Secretary-General’s Global Compact initiative. The main message I took from that meeting was that a significant number of major corporations are interested in engaging with the initiative, adopting an explicit public commitment to the nine basic principles covering human rights, labour standards and the environment. My Office prepared a stock taking paper for that meeting which I would draw to your attention in urging the Sub-Commission to continue shaping the debate on these vital issues.
Youth issues
In his report for the Millennium Assembly, the Secretary-General drew attention to the special needs of children and young people. He urged Heads of State and Government to take action, in particular in the area of education, to narrow the gender gap in primary and secondary education by 2005 and to ensure that, by 2015 , all children complete a full course of primary education. He also urged Governments to develop strategies to reduce joblessness among youth. As the Secretary-General pointed out:
“More than 1 billion people today are between the ages of 15 and 24; in fact, nearly 40% of the world’s population is below the age of 20. Young people are a source of creativity, energy and initiative, of dynamism and social renewal. They learn quickly and adapt readily. Given the chance to go to school and find work, they will contribute hugely to economic development and progress”.
A number of items on your provisional agenda touch directly or indirectly on issues affecting children and young people. The right to education is included under item 4, juvenile justice is referred to under item 9, and item 11 specifically deals with the promotion, full realization and protection of the rights of children and youth.
Two workings groups of the Sub-Commission have also highlighted youth issues. This year the Working Group on Indigenous Populations decided to discuss indigenous children and youth and invited the Rapporteur of the Committee on the Rights of the Child to address the session; next year the Working Group on Contemporary Forms of Slavery will consider the question of trafficking in persons, in particular women, young people and children, and has invited all interested Governments, NGOs, specialized agencies and others to contribute to the next session of the Working Group and to participate in the debate.
I would encourage the Sub-Commission to continue to devote attention to the issue of human rights of children and young people, including the preparation of studies.
Changing role of the Sub-Commission
Let me say a word about the role of the Sub-Commission in the future. As I said at the outset, the human rights scene is evolving in many respects. This applies also to the UN’s mechanisms to deal with human rights. Last year the Sub-Commission made known its positions with regard to changes proposed by the Bureau of the 54th session of the Commission on Human Rights. The proposed changes were discussed at length by the Working Group on enhancing the effectiveness of the mechanisms of the Commission established by the 55th session of the Commission.
The report of the Working Group was sent to you together with your invitations and therefore I do not need to go into detail. I should like however to underline that, with respect to the Sub-Commission, the final proposals retained by the Working Group - and as you know the Working Group’s report was adopted in its entirety by the Commission - coincide in many respects with those proposals which you favoured. Thus, Members of the Sub-Commission will continue to be elected by the Commission on Human Rights for terms of four years without establishing tenure limits, the Working Group on Contemporary Forms of Slavery will continue to meet though for a slightly shortened period; the Working Group on Communications still retains its role and the Chair of that Working Group will have added functions.
The reduction of the number of weeks of your annual session did not meet your approval and you gave pertinent arguments for opposing such a reduction. The Commission’s decision to reduce your meeting by one week faces you with the challenge of concentrating your activities in the shorter time available. I am confident that this will not prevent you from developing further your invaluable role of examining new human rights issues and elaborating recommendations and initiatives to better protect human rights.
Ladies and Gentlemen,
By virtue of your expertise, long experience and close contacts with the NGO community, the Sub-Commission is well placed to provide advice and recommendations on how United Nations human rights activities can be more focussed and further enhanced. As High Commissioner for Human Rights, I would like you to know that I count a great deal on your advice and constructive criticism and encourage you to engage in a permanent dialogue with me on matters of common concern.
Let me conclude by wishing you a fruitful debate and a successful session, and by pledging to you, once more, my full support and that of my colleagues.
Thank you.