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25 September 2001




Statement by Mary Robinson
UN High Commissioner for Human Rights to
the Informal One-Day Meeting of the Commission on Human Rights
in preparation for 56th session of the UN General Assembly


Information on the High Commissioner’s
Report to the General Assembly



Chairperson,
Excellencies,
Ladies and Gentlemen,

You have been receiving updates throughout the day from my Office on the wide range of reports, which have been prepared for the General Assembly in accordance with resolutions of the General Assembly and the Commission on Human Rights. I would now like to inform the Commission about my own report to the 56th session of the General Assembly which will be considered by the Third Committee under agenda Item 116 (d).

This morning, I briefed you on my trip to New York last week in light of the devastating terrorist attack on the US. As we all recognize, the wider ramifications of the attack has a strong human rights dimension. At this stage, I would like only to say that true respect for human rights should go hand in hand with securing justice. I also spoke about the World Conference on Racism, Racial Discrimination, Xenophobia and Related Intolerance. I would like to take this opportunity to summarise other issues addressed in my report.

Prevention, Protection and Combating Impunity

My report refers to the need for prevention, protection and combating impunity. The role of the UN human rights machinery and the need for all States to cooperate with the mechanisms of the CHR are highlighted. A practical way to demonstrate States’ commitment to cooperation is through extending standing or open invitations to them to carry out visits. I will inform the General Assembly that already 33 States have done so. I will also inform the Assembly about my address to the Security Council in the context of its discussion on the protection of civilians in times of conflict. I stressed the need for tackling impunity and emphasised the role of the two international ad hoc tribunals and the Rome Statute for the International Criminal Court.

Human Rights Dialogue

OHCHR has undertaken steps to assist in the promotion and protection of human rights in a number of specific situations. Let me begin with the situation in Afghanistan.

Afghanistan
The human rights situation in Afghanistan has preoccupied me before the current crises. The past twelve months have demonstrated widespread and systemic abuse of human rights and international humanitarian law by the warring parties. Civilians have been the primary victims of the fighting. They are subjected to discriminatory policies and practices that undermine respect for rights to life and security of the person, rights to food, health, shelter, and education and the means to provide for oneself and one’s family.

The United Nations Agencies stress that a humanitarian crisis of stunning proportions is currently unfolding in Afghanistan. As of today, more than five million people require humanitarian assistance to survive, including more than one million people who have been displaced from their homes; tens of thousands of people are now on the move in search of safety and assistance and UNHCR believes that many more are unable to move; already, 3.8 million Afghans rely on UN food aid to survive. By November 1, WFP estimates that 5.5 million people will depend on its food shipments; nearly 20 per cent of those in need are children under the age of five, according to UNICEF, many of whom are already struggling to survive. Yesterday, I joined with other heads of UN agencies in urging a world wounded by the horrific and deplorable terrorist attacks of 11 September to be mindful of the principles of international humanitarian law and to take all measures to protect the civilian populations, especially the millions of children and women. I also share the concerns of the Special Rapporteur on the human rights situation in Afghanistan on this matter.

The Democratic Republic of Congo
In my report I welcome some positive developments in the Democratic Republic of Congo since President Joseph Kabila took office, particularly the moratorium he announced on the death penalty. I also hope that the inter-Congolese dialogue that he initiated will put an end to the conflict. I reported on the national conference on human rights held in June 2001 in Kinshasa and attended by 385 government officials and members of civil society including from the rebel-controlled areas which addressed a wide range of the human rights problems in the country. I remain concerned, however, about credible reports of summary or extra-judicial executions, torture, arbitrary detention and systematic violations of the rights to movement, free expression, association and fair trial.

Since 10 December 1996, my Office has been present on the ground in the Democratic Republic of Congo. OHCHR offices in Kinshasa and Goma monitor the human rights situation and strengthen the capacity of the government as well as civil society to address human rights concerns. My Office also works with the United Nations Organization Mission in the country (MONUC) and its human rights component.

The Former Yugoslav Republic of Macedonia
The report refers to my dialogue with the government of the Former Yugoslav republic of Macedonia. I met with President Trajkovski during the session of the Commission on Human Rights in Geneva and subsequently, with the agreement of the government, I sent a representative to discuss with the government modalities for the promotion and protection of human rights. Since the outbreak of the recent conflict, I have been deeply concerned about reports of serious violations of human rights and humanitarian law by both the Macedonian armed forces and the ethnic Albanian armed group, the National Liberation Army.

Haiti
I also reported on the situation in Haiti, particularly about the efforts of my Office to embark on a new technical assistance scheme. OHCHR will place a Human Rights Advisor in the Office of the UN Resident Coordinator in Port-au-Prince.

Indonesia
Concerning Indonesia, I said that in April 2000 my Office embarked on a technical cooperation programme focused on enhancing Indonesia’s capacity in the area of administration of justice, particularly with regard the draft law on Human Rights Courts. The law was adopted on 6 November 2000. I informed the General Assembly that the further implementation of this assistance programme encountered difficulties due to the delay in the appointment of judges and prosecutors for the human rights courts and the limitations of the court’s jurisdiction regarding human rights violations committed in the context of the September 1999 popular vote in East Timor.

Chechnya of the Russian Federation
The Commission on Human Rights requested me to keep the General Assembly informed of developments in the implementation of the Commission’s resolution on the situation of human rights in the Republic of Chechnya of the Russian Federation. My report to the General Assembly updates on the dialogue with the Russian Government at different levels in the context of the situation in Chechnya. Let me state at the outset that I appreciate the frequent contacts with the Russian Government as well as the relevant information received.

With regard to the visits of the mechanisms of the Commission on Human Rights to Chechnya, I reported to the General Assembly that the Special Rapporteur on violence against women has received a positive response to her request for a mission and she intends to visit the country in October. The Secretary-General’s Special Representative on children in armed conflict also received a positive response and intends to visit soon as well. However, the other three rapporteurs mentioned in the Commission’s resolution, the Secretary-General’s Representative on Internally Displaced Persons, the Special Rapporteur on extrajudicial, summary or arbitrary executions and the Special Rapporteur on torture have not yet received answers to their requests for invitations.

I also reported on the status of the investigation of serious violations of human rights. I noted that the second Duma held a hearing on the human rights situation in Chechnya as well as the information on the work of the Special Representative of the President of the Russian Federation for Human and Civil Rights and Freedoms in the Chechen Republic, Mr. Kalamanov. However my Office has not yet received information that a national independent commission of inquiry as called for by the Commission on Human Rights had been established nor that the pace of investigation of alleged serious violations of human rights and international humanitarian law had been considerably accelerated.

I had some initial exchanges with the Russian Government on a possible technical cooperation project in the context of the situation in Chechnya. I hope that our consultations will conclude soon.

The Challenges Ahead
The nature of our inter-dependent world imposes itself on the human rights agenda. My report provides an overview of how OHCHR is addressing complex questions from a human rights perspective. I would like to highlight briefly some of these issues.

The Rights of Indigenous People
I informed the General Assembly about the steps taken by my Office to prepare for the Permanent Forum on Indigenous Issues, which has a number of original features within the United Nations system as it aims at harmonizing a range of issues dealt with by the UN through separate institutional processes, including human rights, development, the environment, cultural and social issues, health, and-education, in order to bring benefits to indigenous communities.

The Human Rights Approach to HIV/AIDS
With regard to the struggle to combat HIV/AIDS I stressed that the lack of respect for human rights is linked to virtually every aspect of the 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. I encouraged 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.

Human Rights, Development and Poverty Reduction
I particularly informed the General Assembly about the expert seminar, which my office organized in February 2001 on human rights and poverty in Geneva. 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 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.

Business and Human Rights
Under the leadership of the Secretary-General and in the context of his Global Compact initiative, I have devoted increased attention to engaging the business community, trade unions and NGOs in a dialogue regarding corporate responsibility in the area of human rights. In Durban a number of events with business and other organisations participating in the Global Compact addressed the issue of combating workplace discrimination and efforts to promote diversity. OHCHR has also focused on the different responsibilities of businesses operating in conflict zones and is leading efforts to better define the boundaries of corporate complicity in human rights abuses in the context of the Global Compact principles and the Secretary-General’s Guidelines on Cooperation between the UN and the Business Community.


The General Assembly Special Session on Children
Finally, my report places particular importance on the General Assembly Special Session on Children. The Special Session, which due to the attacks in New York has been postponed, 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. It will also show how much progress still remains to be achieved. My report emphasises that the implementation of international standards through national processes remains absolutely essential.

As you can see, I will present before the General Assembly a wide range of issues and activities. My report concludes by pulling some threads together through stressing the national dimension of human rights work. It is there where our efforts are most tested. I will tell the General Assembly that the barometer for success of international action lies in its ability to bring about real improvement in people’s lives. While international action is vital in bringing about a collective vision, standards, coherence and respect for human rights, it is at the national level where action is most crucial. Throughout this year, my Office has 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.

Thank you.

S/2001/331 - Report of the Secretary-General to the Security Council on the protection of civilians in armed conflict, 30 March 2001

S/2001/574 - Report of the Secretay-General on Prevention of armed conflict, 7 June 2001

S/2001/852 - Report of the Secretary-General on Children and armed conflict