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27 April 2001
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Commission on Human Rights
57th session
Geneva, 27 April 2001
Remarks by Mary Robinson
High Commissioner for Human Rights
and Secretary-General for the
World Conference against Racism
Mr. Chairman,
Distinguished members of the Commission,
Ladies and gentlemen,
I address you at the conclusion of what has been a demanding yet significant 57th Session of the Commission on Human Rights. The challenge this year, as in previous years, has been to rise above political differences, national interests and short-term considerations to bring us closer to the goal of universal realization of all human rights for all. You have worked hard at this and I congratulate you, Mr. Chairman, on your wisdom and commitment, together with the members of your Bureau and all participants in the Commission, including the members of the broader human rights community who play such a vital role.
As you will recall, I made the World Conference against Racism the focus of my main report to you this year. I also expressed the hope that delegations would accept their responsibilities at this Commission with respect to the World Conference. It was notable that you adopted, by consensus, a clear and constructive resolution on racism, which we will take with us into the World Conference. I congratulate those who played a special role in achieving this outcome.
I was encouraged by the spirit that characterised the Special Debate, which this year focused on tolerance and respect. I wonder if any of us remained unmoved by the eloquent plea made to us by Bishop Desmond Tutu. I thank him and all the distinguished speakers for the valuable contribution they made to that special day.
A number of important parallel activities took place during the course of the Commission, several of which were organised by my Office. These included a panel on Racism, Children and the Role of Education, a meeting of the Steering Committee for the ratification of the Convention on Migrant Workers, an interagency meeting on IDPs, a meeting on Human Rights and Disability with the participation of National Institutions, and a round-table discussion to commemorate the International Day against Racial Discrimination. The outcomes will help our programme of work over the coming months, and I have indicated that my Office will give particular priority to the human rights of people with disabilities
I would like to reflect for a moment on how the Commission dealt with the worrying situation in the Occupied Palestinian Territories. It was an intense debate. But, at the end of the day, a greater measure of agreement was achieved on some key issues than had proved possible at last November’s Special Session. Overall, there was a positive response to the three reports tabled at the Commission on this issue – notably, the report of the Commission of Inquiry which I believe has the potential to make a valuable contribution to the resolution of this tragic situation.
As in previous years, several new mandates were created at this Commission.
The creation of a new mechanism to protect the human rights of indigenous peoples is very appropriate during the International Decade of the World’s Indigenous People and as we prepare for the World Conference against Racism.
I welcome the establishment of an Independent Expert to examine the question of a draft optional protocol to the International Covenant on Economic, Social and Cultural Rights. This was the subject of a workshop organized by my Office in February at the request of the Commission. I hope the work of this Independent Expert will advance States’ consideration of this important draft instrument.
I also welcome the decision to establish an intergovernmental Working Group to draft a legally binding instrument for the protection of all persons from enforced disappearances. This initiative, which seeks to address one of the most grave human rights violations, has been championed by a regional group for whom this issue has particular resonance. An Independent Expert will also be appointed to review existing norms and report to the Working Group.
The Commission has also decided to create the position of Special Representative on the situation of human rights in Bosnia and Herzegovina and the Federal Republic of Yugoslavia, thereby ending the mandate of the Special Rapporteur. This decision recognises the positive developments in the Republic of Croatia and reflects, in particular, the changes in the Federal Republic of Yugoslavia which I, together with the rest of the international community, have warmly welcomed. My Office looks forward to working closely with the incumbent once he or she has been appointed, as with the other new mechanisms.
I cannot address the issue of new mechanisms without, again, drawing attention to the critical matter of human and financial resources for the Office. This steady increase in mandates comes at a time when UN regular budget allocations to OHCHR are essentially static. Unless a matching commitment can be secured from States – all States – our capacity to service these important mandates will remain inadequate. I therefore deeply appreciate the strong support in the Chairman’s statement on the issue this morning.
A number of other innovative resolutions were adopted at this Commission, including for the first time a separate resolution on the Right to Education. I also welcome the resolution on science and the environment, which aims to provide a human rights perspective to the deliberations of States on Agenda 21 at the forthcoming Rio +10 Conference. A resolution that I would particularly single out is the text on access to medication in the context of pandemics such as HIV/AIDS. This resolution has identified one of the most urgent and practical applications of the right to health in the world today. Both in its timing and in its content, it is a most welcome initiative, as we prepare for the GA Special Session on HIV/AIDS in June.
The months ahead are indeed challenging. Currently our Office is participating with other UN colleagues, under the leadership of the Secretary-General, in the follow-up to the Millenium Declaration. We have been asked to take the lead role in the section on human rights, democracy and good governance which will also form the central theme of my address to the LDC’s Conference in Brussels next month. It has been valuable to have the guidance of the Commission in those areas also.
While there have been positive developments, it was disappointing to see consensus on human rights standards broken on a number of resolutions which in previous sessions had been adopted without a vote. This Commission saw more voting, more amendments from the floor, more procedural manoeuvres and more rights of reply exercised than any in recent memory. These may be an unavoidable part of intergovernmental deliberations, but we need to ensure that we do not lose sight of why we are here. I hope that next year we can return to consensus on some of these important issues.
Another matter of concern has been the quality of the dialogue between States and special mechanisms which, let us recall, are designated and appointed by this Commission. The Commission is thus the parent entity. It is certainly in order for the Commission to have its own assessments and to give guidance as needed. However, the tasks fulfilled by the independent experts are important and crucial. We should all be seeking to reinforce and support the functions of these experts who give of their time freely.
I would like to associate myself with the appeal made by our distinguished Chairman on 12 April concerning the need to respect the integrity of all those participating in the work of the Commission. Where differences, even grievances, exist they should be aired. But I am deeply concerned at criticisms which reach the level of personal attack. In my closing remarks last year I noted a “growing sense of appreciation in the Commission for the work of the thematic and country Rapporteurs”, and I continue to believe that, overall, this observation remains valid.
Many of you, I know, will agree that this has been a long Commission and a full one. I believe that the Chair will be sharing some of the relevant statistics in the course of his own closing remarks. To my mind the large number of dignitaries at this year’s session – in particular the presence of five Heads of State and the Secretary-General – represented a significant endorsement and recognition of your work. A record number of National Human Rights Institutions attended this session and saw the further consolidation of their role in this forum.
Once again I would like to emphasize the positive contribution made by NGOs, including in the many parallel activities they organized. Let us all remember that human rights NGOs are often the first point of contact for the victims of human rights violations. While it is true that NGO statements contributed in part to the time pressure at this year’s session, their role is crucial and must be protected. I welcome your decision to entrust the Bureau with the task of reflecting on organisational issues during the intersessional period and I am confident that fair and appropriate solutions can be found.
Finally, on a personal note, when I addressed you on the first day of this Commission, I advised you that I would not be seeking a further term as High Commissioner. As you now all know, I was prevailed upon by the Secretary-General to undertake a further year in this Office, from September, subject to approval by the General Assembly. I would like to thank all of you who offered me your support and encouragement, both publicly and privately, and I would like to assure you that I intend to make this further year a dynamic and fruitful one for the cause of human rights. I look forward to your continued support and cooperation in the important work ahead of us – particularly in relation to the World Conference against Racism in Durban, which is now only four months away.
Thank you.
57th session
Geneva, 27 April 2001
Remarks by Mary Robinson
High Commissioner for Human Rights
and Secretary-General for the
World Conference against Racism
Mr. Chairman,
Distinguished members of the Commission,
Ladies and gentlemen,
I address you at the conclusion of what has been a demanding yet significant 57th Session of the Commission on Human Rights. The challenge this year, as in previous years, has been to rise above political differences, national interests and short-term considerations to bring us closer to the goal of universal realization of all human rights for all. You have worked hard at this and I congratulate you, Mr. Chairman, on your wisdom and commitment, together with the members of your Bureau and all participants in the Commission, including the members of the broader human rights community who play such a vital role.
As you will recall, I made the World Conference against Racism the focus of my main report to you this year. I also expressed the hope that delegations would accept their responsibilities at this Commission with respect to the World Conference. It was notable that you adopted, by consensus, a clear and constructive resolution on racism, which we will take with us into the World Conference. I congratulate those who played a special role in achieving this outcome.
I was encouraged by the spirit that characterised the Special Debate, which this year focused on tolerance and respect. I wonder if any of us remained unmoved by the eloquent plea made to us by Bishop Desmond Tutu. I thank him and all the distinguished speakers for the valuable contribution they made to that special day.
A number of important parallel activities took place during the course of the Commission, several of which were organised by my Office. These included a panel on Racism, Children and the Role of Education, a meeting of the Steering Committee for the ratification of the Convention on Migrant Workers, an interagency meeting on IDPs, a meeting on Human Rights and Disability with the participation of National Institutions, and a round-table discussion to commemorate the International Day against Racial Discrimination. The outcomes will help our programme of work over the coming months, and I have indicated that my Office will give particular priority to the human rights of people with disabilities
I would like to reflect for a moment on how the Commission dealt with the worrying situation in the Occupied Palestinian Territories. It was an intense debate. But, at the end of the day, a greater measure of agreement was achieved on some key issues than had proved possible at last November’s Special Session. Overall, there was a positive response to the three reports tabled at the Commission on this issue – notably, the report of the Commission of Inquiry which I believe has the potential to make a valuable contribution to the resolution of this tragic situation.
As in previous years, several new mandates were created at this Commission.
The creation of a new mechanism to protect the human rights of indigenous peoples is very appropriate during the International Decade of the World’s Indigenous People and as we prepare for the World Conference against Racism.
I welcome the establishment of an Independent Expert to examine the question of a draft optional protocol to the International Covenant on Economic, Social and Cultural Rights. This was the subject of a workshop organized by my Office in February at the request of the Commission. I hope the work of this Independent Expert will advance States’ consideration of this important draft instrument.
I also welcome the decision to establish an intergovernmental Working Group to draft a legally binding instrument for the protection of all persons from enforced disappearances. This initiative, which seeks to address one of the most grave human rights violations, has been championed by a regional group for whom this issue has particular resonance. An Independent Expert will also be appointed to review existing norms and report to the Working Group.
The Commission has also decided to create the position of Special Representative on the situation of human rights in Bosnia and Herzegovina and the Federal Republic of Yugoslavia, thereby ending the mandate of the Special Rapporteur. This decision recognises the positive developments in the Republic of Croatia and reflects, in particular, the changes in the Federal Republic of Yugoslavia which I, together with the rest of the international community, have warmly welcomed. My Office looks forward to working closely with the incumbent once he or she has been appointed, as with the other new mechanisms.
I cannot address the issue of new mechanisms without, again, drawing attention to the critical matter of human and financial resources for the Office. This steady increase in mandates comes at a time when UN regular budget allocations to OHCHR are essentially static. Unless a matching commitment can be secured from States – all States – our capacity to service these important mandates will remain inadequate. I therefore deeply appreciate the strong support in the Chairman’s statement on the issue this morning.
A number of other innovative resolutions were adopted at this Commission, including for the first time a separate resolution on the Right to Education. I also welcome the resolution on science and the environment, which aims to provide a human rights perspective to the deliberations of States on Agenda 21 at the forthcoming Rio +10 Conference. A resolution that I would particularly single out is the text on access to medication in the context of pandemics such as HIV/AIDS. This resolution has identified one of the most urgent and practical applications of the right to health in the world today. Both in its timing and in its content, it is a most welcome initiative, as we prepare for the GA Special Session on HIV/AIDS in June.
The months ahead are indeed challenging. Currently our Office is participating with other UN colleagues, under the leadership of the Secretary-General, in the follow-up to the Millenium Declaration. We have been asked to take the lead role in the section on human rights, democracy and good governance which will also form the central theme of my address to the LDC’s Conference in Brussels next month. It has been valuable to have the guidance of the Commission in those areas also.
While there have been positive developments, it was disappointing to see consensus on human rights standards broken on a number of resolutions which in previous sessions had been adopted without a vote. This Commission saw more voting, more amendments from the floor, more procedural manoeuvres and more rights of reply exercised than any in recent memory. These may be an unavoidable part of intergovernmental deliberations, but we need to ensure that we do not lose sight of why we are here. I hope that next year we can return to consensus on some of these important issues.
Another matter of concern has been the quality of the dialogue between States and special mechanisms which, let us recall, are designated and appointed by this Commission. The Commission is thus the parent entity. It is certainly in order for the Commission to have its own assessments and to give guidance as needed. However, the tasks fulfilled by the independent experts are important and crucial. We should all be seeking to reinforce and support the functions of these experts who give of their time freely.
I would like to associate myself with the appeal made by our distinguished Chairman on 12 April concerning the need to respect the integrity of all those participating in the work of the Commission. Where differences, even grievances, exist they should be aired. But I am deeply concerned at criticisms which reach the level of personal attack. In my closing remarks last year I noted a “growing sense of appreciation in the Commission for the work of the thematic and country Rapporteurs”, and I continue to believe that, overall, this observation remains valid.
Many of you, I know, will agree that this has been a long Commission and a full one. I believe that the Chair will be sharing some of the relevant statistics in the course of his own closing remarks. To my mind the large number of dignitaries at this year’s session – in particular the presence of five Heads of State and the Secretary-General – represented a significant endorsement and recognition of your work. A record number of National Human Rights Institutions attended this session and saw the further consolidation of their role in this forum.
Once again I would like to emphasize the positive contribution made by NGOs, including in the many parallel activities they organized. Let us all remember that human rights NGOs are often the first point of contact for the victims of human rights violations. While it is true that NGO statements contributed in part to the time pressure at this year’s session, their role is crucial and must be protected. I welcome your decision to entrust the Bureau with the task of reflecting on organisational issues during the intersessional period and I am confident that fair and appropriate solutions can be found.
Finally, on a personal note, when I addressed you on the first day of this Commission, I advised you that I would not be seeking a further term as High Commissioner. As you now all know, I was prevailed upon by the Secretary-General to undertake a further year in this Office, from September, subject to approval by the General Assembly. I would like to thank all of you who offered me your support and encouragement, both publicly and privately, and I would like to assure you that I intend to make this further year a dynamic and fruitful one for the cause of human rights. I look forward to your continued support and cooperation in the important work ahead of us – particularly in relation to the World Conference against Racism in Durban, which is now only four months away.
Thank you.