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UN General Assembly
56th session
6 November 2001


Statement by Mary Robinson
UN High Commissioner for Human Rights
to The Third Committee




Report of the High Commissioner for Human Rights
to the General Assembly
(A/56/36)


Chairperson,
Excellencies,
Ladies and Gentlemen,

My annual report to the General Assembly this year was completed shortly after the events of 11 September. The horror and the sense of insecurity that struck the world in the aftermath of these events are redefining our priorities and affecting our human interaction in serious ways. I came here immediately after the attacks and witnessed the shocking scale of these senseless crimes against humanity. The huge loss of human life and the incredible destruction was stunning. In many countries we are witnessing anxiety or human insecurity arising from the biochemical scare. Let us therefore re-emphasize the responsibility of all governments to take appropriate measures to restore human security.

All States have demonstrated through the action of the Security Council and the General Assembly a remarkable commitment to eradicate terrorism. This is a source of reassurance and comfort. But efforts must be made to avoid innocent people becoming the victims of counter terrorism measures. This requires that government action in this area be guided by human rights principles. Human rights law wisely strikes a balance between the enjoyment of freedoms and the legitimate concerns for national security. It requires that, in the exceptional circumstances where it is permitted to limit some rights for legitimate and defined circumstances, the principles of necessity and proportionality must be applied. The measures taken must be appropriate and the least intrusive to achieve the objective. The discretion granted to certain authorities to act must not be unfettered. The principle of non-discrimination must always be respected and special effort made to safeguard the rights of vulnerable groups.

I am concerned that some governments are now introducing measures that may erode core human rights safeguards. In some countries non-violent activities have been considered as terrorism, and excessive measures have been taken to suppress or restrict individual rights including privacy rights, fair trial, the right to seek asylum, political participation, freedom of expression and peaceful assembly.

All nations have contributed to our common international human rights standards. We must all defend this common heritage. We should be mindful of such fundamental principles as the presumption of innocence, non-discrimination and due process of law. We should be careful to ensure that the right to privacy and the freedoms of expression, assembly, and movement are not undermined.

The worrying rise in a number of countries of incidents of xenophobia, Islamophobia, Anti Semitism, Anti Arab, and Anti Asian sentiments in the wake of the US attacks serve as a reminder of how crucial the struggle against racism is. This is an issue where real leadership is very much needed and fortunately was assumed by a number of world leaders, notably President Bush.

Chairperson,
Excellencies,
Ladies and Gentlemen,

Let me now turn to some specific situations mentioned in my report where my Office has taken steps to assist in the promotion and protection of human rights.

It is appropriate to start with the situation in Afghanistan. I am concerned about the plight of the civilian population, especially the millions of women, children and older persons. I take this opportunity to urge all parties to the current conflict to respect the principles of human rights and humanitarian law.

In light of past experience, I am particularly concerned at the prospect of retaliatory killings and other abuses of civilians if territory changes hands. I am no less preoccupied by the appalling humanitarian situation, which constitutes deprivation of such fundamental rights as those of access to food, shelter and medical care. The scale of deprivation is very serious given the imminent approach of winter and the effects of the severe drought that has hit Afghanistan over the last three years, I am also concerned about the ongoing discrimination against women and ethnic minorities and the forced recruitment of children as combatants.

That the current human rights situation gives such cause for concern is to an extent a result of the climate of impunity which has prevailed for so long in Afghanistan. It is essential that Afghanistan be assisted in ensuring accountability for the series of massacres and other grave human rights and humanitarian law abuses perpetrated in recent years.

We can address these human rights concerns right now by putting in place a sturdy UN capacity to monitor and analyze the human rights situation and to facilitate the taking of appropriate action by relevant authorities. This is a matter which I am pursuing in the framework of the integrated UN response to the ongoing situation. When the current conflict ends we shall be confronted with the enormous challenge of assisting Afghanistan in establishing a just system of governance and a vibrant, functioning society. All aspects of this endeavor will require that close attention be paid to the central role of human rights capacity building. My Office will be ready to play a vigorous role in this endeavor within its own capacities and competencies.

Turning to the situation in East Timor, I should like to commend the people of East Timor and the United Nations Mission there for the manner in which the foundation has been laid for a society built upon respect for human rights. I note in particular, the election of the Constituent Assembly in August of this year, which took place in an environment largely free of intimidation and voting irregularities, and the commencement last July of the first trial for crimes against humanity. I am also encouraged by the accelerated pace of the returns of East Timorese refugees. I welcome the ongoing process of establishing the Commission for Reception, Truth and Reconciliation, which is being supported by my Office.

Notwithstanding the many achievements, much remains to be done. There is the question of the likely return to East Timor of senior militia leaders. Close attention needs to be paid to how the justice system deals with those suspected of crimes. It is essential that the necessary human and material resources be made available and that the political will be galvanized to ensure that there is no amnesty for serious human rights violations.

The newly appointed Government and the future legislative body will likely continue to need assistance in drafting legislation. I am aware of the desire of the senior East Timorese leadership to facilitate a smooth and timely ratification of the major international human rights instruments. The newly elected Constituent Assembly of East Timor also has the opportunity to enshrine human rights principles in the Constitution. My Office will continue to provide East Timor with support.

Chairperson,
Excellencies,
Ladies and Gentlemen

Since my last visit to the Middle East in November 2000, I have continued to follow with increasing concern the grave developments in Israel and the Occupied Palestinian Territories and their adverse impact on the full enjoyment of human rights.

The policy of targeted assassinations, as well as the recent assassination of an Israeli Cabinet Minister and the subsequent incursion of the IDF into areas under control of the Palestinian Authority, has led to a deteriorating situation on the ground with a terrible cost in terms of human lives. I have also been seriously concerned at the extreme hardships and steady economic decline in the West Bank and in Gaza, particularly in the light of prolonged siege and closures, destruction of homes and agricultural land and other punitive measures.

The failure to resolve the fundamental problem of occupation, as well as human security for both parties, combined with the increased recourse to violence have exacerbated the frustrations of both communities and have further eroded the sense of security of Israelis and Palestinians.

I would like to reiterate my call for the establishment of an international monitoring presence in the occupied Palestinian territories and I urge both Israelis and Palestinians to work towards ending the cycle of violence and a return to negotiations, the aim of which should be achieving peace through a just and durable solution, in conformity with fundamental standards of international humanitarian and human rights law.

At the request of the Commission on Human Rights, I should like to update the General Assembly about the status of implementation of the Commission’s resolution on the situation of human rights in the Republic of Chechnya of the Russian Federation. Let me first stress, as I have on several previous occasions, that I appreciate the frequent dialogue I am having with the Russian Government on this issue. I also value the initial exchanges with regard to my offer of a technical assistance project in Chechnya. The Russian Government informed me that the federal authorities continue to undertake comprehensive efforts aimed at a political solution of the crisis in the Chechen Republic, at normalizing the life of the population and at the re-establishment of relevant State and public institutions.

The Government has recently provided my Office with information about cases of excesses in Chechnya that have been brought either before the military courts, some law enforcement bodies for further investigation, or the office of the military prosecutor. In several cases the perpetrators have been sentenced to imprisonment, some other cases were discontinued or were the subject of an amnesty. At present 22 cases are being investigated by the office of the military prosecutor. I have to note, however, that there is still a need for an adequate response to the call of the Commission on Human Rights for an effective tackling of impunity for widespread allegations of violations of human rights and breaches of international humanitarian law committed in the Republic of Chechnya of the Russian Federation. In particular, my Office is still awaiting information regarding the establishment of a national independent commission of inquiry, as called for by the Commission on Human Rights.

A significant development during the year was the public statement issued by the European Committee for the Prevention of Torture on 10 July 2001, concerning the Chernokozovo detention facility. The Committee expressed concern that a considerable number of persons deprived of their liberty in the Republic of Chechnya of the Russian Federation since the outset of the conflict had been physically ill treated. It stated that the authorities appear unwilling to carry out a thorough inquiry into such allegations.

The Commission on Human Rights requested that a number of its special mechanisms visit Chechnya. The Special Rapporteur on violence against women and the Secretary General’s Special Representative on children in armed conflict have received a positive response to their request for a mission. I regret to report, however, that the other three rapporteurs mentioned in the Commission’s resolution, the Secretary General’s Representative on Internally Displaced Persons, the Special Rapporteur on extra judicial, summary or arbitrary executions and the Special Rapporteur on torture, have not yet received answers to their requests for invitations.

Distinguished delegates,

As you know, my Office has launched the Sub-regional Human Rights Center in Central Africa based in Yaoundé. We welcome, in that regard, the host country agreement signed in September with the Government of Cameroon and the willingness of all countries of the sub-region and of ECCAS to make this Center a success. The report on the activities of the Center which have been conducted in close cooperation with DPA, UNDP, DDA and other UN departments as well as civil society organizations, is contained in addendum 1 to my report. We are looking forwards to the Center playing a catalytic role for the promotion of human rights and democracy in the sub-region.

Chairperson,
Excellencies,
Ladies and Gentlemen,

Let me turn now to the World Conference Against Racism Racial Discrimination, Xenophobia, and Related Intolerance that was held from 31 August to 7 September in Durban South Africa, which was a particular focus for my Office this year. I would like to record my most sincere thanks and appreciation to the government of South Africa for having hosted this event, to Foreign Minister Zuma for having undertaken the demanding task of chairing it, to the participants who worked so hard on the outcomes and to the States whose financial contributions and practical support made it possible.

The World Conference was a remarkable coming together of States, NGOs, national institutions, and ordinary people. It was a difficult meeting. I think we all expected that it would be. We were dealing with sensitive issues, some of which were being addressed at the international level for the first time.

Whatever views exist on the Conference itself, there is no doubt that some things of great value emerged from it: complex issues of the past and the present were confronted and resolved through negotiations; we learned that the scourge of racism crosses all national and cultural boundaries; human rights defenders and representatives of marginalised and excluded groups around the world were empowered by having their voices heard and through linking up with others engaged in similar struggles. Most importantly, the Members States of the United Nations as well as the Secretariat now have a global anti-discrimination agenda with which to work.

If this agenda was important on 8 September when the Conference concluded, how much more significant did it become three days later with the horrific events of 11 September? We know that racism and intolerance can be both a cause and consequence of violence. Effective action against all forms of discrimination is an essential part of the task of combating the forces of intolerance and hatred in the world.

My Office is now moving forward with this anti-discrimination agenda. Some of the steps we are currently taking include the establishment of an anti-discrimination unit to strengthen my Office’s capacity to promote equality and non discrimination, focusing on technical cooperation activities aimed at combating racism, and increasing awareness of the work of the Committee on the Elimination of Racial Discrimination.
A number of the activities mandated by the Conference can start now. But others will require the decision of the General Assembly, particularly on the provision of necessary resources. The draft resolution you will be considering on this subject is therefore of great importance. It goes almost without saying that it should be adopted by consensus if it is to consolidate and strengthen support for the global anti discrimination agenda.

Whilst the UN Secretariat and the various UN specialized agencies have an important role to play in promoting this agenda, only member States working in cooperation with civil society, can truly implement it. This year’s Human Rights Day on 10 December will focus on initial stocktaking of activities and plans for the implementation of the anti-discrimination agenda. I cannot think of a more appropriate occasion for this than the day on which Secretary General Kofi Annan will accept the Nobel Peace Award on behalf of himself and this organization. We will follow up with a second stocktaking on 21 March, which will mark the International Day for the Elimination of Racial Discrimination. I urge all States to participate actively in these events.

You are all aware of the problem with the documentation of the World Conference Against Racism, Racial Discrimination, Xenophobia, and Related Intolerance. The report of the World Conference and therefore the debate on this agenda item has been delayed due to a lack of agreement amongst States on the placement of three paragraphs. This disagreement does not relate to their substance, only where they should be placed. But until this matter is settled, we are severely limited in our ability to promote the anti-discrimination agenda. No doubt, eventually, some agreement will be reached. But this delay is putting at risk the momentum of the anti-discrimination agenda. Equally, resolving this disagreement by vote on what was a consensus document would deal it a serious blow. I believe it is well within the wit and wisdom of those present in this room to resolve this issue quickly. It will require genuine leadership, but it can be done. It must be done.

Chairperson,
Excellencies,
Ladies and Gentlemen,

Let me summarize some of the strategic objectives on which my Office has focused this year.

- Supporting the UN human rights mechanisms and the ratification of international human rights treaties. I urge all States to cooperate with the human rights mechanisms. A practical way to demonstrate the commitment of States to cooperation is through extending standing or open invitations to special rapporteurs allowing them to visit. I also urge States to ratify international human rights treaties and to implement them at the national level. Let me point out that the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, remains the least ratified amongst the six core human rights treaties with only 126 States parties.
- Tackling Impunity: An effective protection system requires a commitment to address the issue of impunity at the national level particularly with regard to genocide, war crimes and crimes against humanity. The establishment of the International Criminal Court will significantly enhance efforts in this regard when the national legal system is unwilling or unable to act. I urge all States to ratify the Rome Statute of the International Criminal Court which requires 60 ratification to enter into force. It is encouraging that 139 States have thus far signed the Statute and 43 have ratified it, with 3 more ratifications expected in the near future.
- Addressing the Rights of Indigenous Peoples: The situation of the more than 300 million indigenous people continues to cause concern although progress has been made in some countries in recent years. Indigenous peoples often experience exclusion, discrimination and marginalization. They are generally ill served by education, health, housing and other public services. A significant step was taken last year when the Economic and Social Council established the Permanent Forum on Indigenous Issues. The Secretary General has designated my Office as the lead agency for implementing ECOSOC’s resolution regarding the Forum.
- Strengthening the Human Rights approach to the struggle against HIV/AIDS: HIV/AIDS continues to have a devastating impact around the world. A lack of respect for human rights is linked to virtually every aspect of the HIV/AIDS epidemic, from the factors that cause or increase vulnerability to HIV infection, to discrimination based on stigma attached to people living with HIV/AIDS, to the factors that limit the ability of individuals and communities to respond effectively to the epidemic. The General Assembly’s historic special session on HIV/AIDS agreed upon a useful framework which States must take seriously. I encourage governments to make use of the International Guidelines on HIV/AIDS and Human Rights and to adapt them, through a dialogue with those most affected, to suit the priorities of the AIDS situation in their countries.
- Focusing on the link between human rights, development, and the eradication of poverty: Poverty is not just a lack of income but should also be recognized as an expression of social exclusion, against which participation, empowerment, security and non-discrimination play a crucial role. The high relevance of the human rights discourse is now increasingly recognized as a prerequisite for effectively combating poverty. My Office organized in February 2001 an expert seminar on human rights and poverty. The seminar acknowledged the need for a new text, which would build on existing human rights norms and standards in a manner that explicitly addresses the phenomenon of poverty, and in particular extreme poverty.
- Reinforcing the policy framework to combat trafficking in human persons: Each year, an unknown number of individuals, many of them women and children, are tricked, sold, coerced or otherwise forced into situations of exploitation from which they cannot escape. Trafficking and related practices such as debt bondage, forced prostitution and forced labor are violations of the most basic of all human rights. My Office’s work on trafficking has focused particular attention on legal and policy issues, thereby seeking to exert a positive influence over the direction and substance of the trafficking debate.
- Enhancing corporate social responsibility: I have increasingly devoted attention to engaging the business community in a dialogue regarding corporate responsibility in the area of human rights in the context of the Secretary General’s Global Compact. My Office has focused its involvement over the past year on the Durban World Conference and the role of business in zones of conflict. My Office is also leading efforts to explore different categories to better define the boundaries of corporate complicity in human rights abuses.
- Addressing the rights of the child: The forthcoming General Assembly Special Session on Children will provide the international community with the opportunity to renew its commitment to the adoption of a rights-based approach to programmes and activities for children. Much progress still remains to be achieved particularly in the areas of non-discrimination, human rights education, and juvenile justice. The implementation of international standards through national processes remains absolutely essential

As you can see, my Office has dealt with a wide range of issues throughout this year. We have been focusing on legal frameworks, and concrete national policies, plans, programs, and institutions. Our aim has been to make a difference by charting the way forward and by assisting States, in cooperation with civil society, to bring that message home. I would like to conclude therefore by stressing the national dimension of human rights work. It is there where our collective efforts can make a real difference.

I thank you for your close attention and would now welcome your observations and questions.



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