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Economic and Social Council
Substantive Session 2002
New York
17 July 2002




Statement by

Mrs. Mary Robinson

High Commissioner for Human Rights




Mr. Chairman,
Excellencies,
Distinguished members,
Colleagues,

Before addressing issues raised in my report to ECOSOC, I would like to begin by reporting to you on the 58th session of the Commission on Human Rights, which took place in Geneva earlier this year. As many of you know, it was a particularly difficult session and one that I said at the conclusion calls for deep reflection. This reflection is now taking place within the extended Bureau of the Commission, amongst States and within my own Office, where I have established a high-level task force for this purpose.

A number of positive initiatives emerged from this year’s session of the Commission. A new mandate on the right to health was created, which I welcome. Two new working groups were established to follow-up on the World Conference against Racism, including one that will focus on the situation of people of African descent. Another positive development was the Commission’s resolution to recommend an Optional Protocol to the Convention Against Torture on preventative visits. Although this was not a consensus outcome, I hope, for the sake of those States who want and need such a mechanism, that ECOSOC will forward this text, with approval, to the General Assembly for adoption.

Next year a new working group will begin consideration of an Optional Protocol to create an individual petitions mechanism on economic, social and cultural rights. Work will soon begin to draft a treaty on disappearances and the Commission also lent its support to the process dealing with an instrument to protect the rights of persons with disabilities.

These were some of the highlights of a Commission that attracted no fewer than 78 dignitaries, reflecting its growing importance as an institution. However, there were also developments that were less welcome.

This 58th session of the Commission was forced to operate under extra-ordinary organizational constraints. With no evening or night meetings, the Commission’s extended Bureau had to make drastic adjustments in its work. I trust that this situation will not be repeated in the future. But one benefit to emerge from this experience has been the strengthening of the role and authority of the extended Bureau, which I believe is in the Commission’s long-term interest.

One of the most troubling aspects of the reduced meetings was that the burden of cuts in speaking times was felt most by NGOs and the mandate holders of the Commission. It is precisely these inputs which make the Commission so unique and valuable and which set it apart from most other intergovernmental forums. The extended Bureau and regional groups, with the active support of my Office, are considering how to enhance the working methods of the Commission for next year. It is essential that the role of the special mechanisms is restored and that the burden of any reduction in time be shared equitably between States and civil society representatives.

As expected, following the tragedy of September 11, the Commission spent considerable time on the issue of terrorism and human rights. It was, unfortunately, less effective in reaching a consensus on how to deal with the issue. The traditional resolution on the issue contained a new provision requesting the Office of the High Commissioner to provide technical assistance to those States who request it. A more ambitious resolution was tabled which sought to create a human rights protection framework to parallel the security focus of the Counter Terrorism Committee. This resolution was subsequently withdrawn. I hope that between now and the next session of the Commission further constructive thought will be given to how the UN human rights system can address this urgent matter.

Another focus of attention at the Commission was the terrible escalation of violence in the occupied Palestinian territories and Israel, which led to a Special Sitting during the course of the Commission. The Commission requested me to head a visiting mission to the area, but the necessary agreement of the Israeli authorities was not forthcoming. In all, seven resolutions on the human rights situation in the region were adopted. A number of these enjoyed very broad support, but it was noticeable that as the number of statements and resolutions increased through the course of the Commission, the level of consensus tended to decrease. It will be important for Commission members to give careful thought on how to maximize the value and effectiveness of the Commission’s future deliberations on this grave situation.

A particularly troubling aspect for the human rights community this year was the unprecedented questioning of the Commission’s human rights protection role. This was exacerbated by a marked increase in block voting by groups. Regional solidarity is a poor response to evidence of serious human rights violations. Those who are critical of the existing methods of addressing country situations have an obligation to propose credible alternatives. The essential point is that where gross violations are identified, the Commission must have the capacity and the courage to speak out on behalf of victims. In this regard, I was greatly encouraged by the launch of the new African Union in Durban last week, with its emphasis on giving priority to strengthening the administration of justice, human rights, democracy and good governance. I hope that African States will bring to next year’s Commission this new spirit of openness, accountability and honest peer review, and that other States will respond accordingly, including with the resources necessary to realize these goals.

I note and welcome the way ECOSOC is offering support for African countries that request it through the proposal for ad hoc advisory groups. Such a group, at the ambassadorial level, can be helpful in ensuring appropriate and well-coordinated international assistance to a country seeking such support.

The time may have come for the Commission on Human Rights to take similar innovative steps aimed at strengthening its protection mandate which is so vital to the protection of human rights around the world.

Within OHCHR, we have recently moved to ensure that support for the Commission becomes an entire Office activity, rather than the responsibility of one Branch. As we consider how best to strengthen the role of the Commission, it is important that we also think about how better to position it at the heart of the international system. The Commission should not be allowed to become a one-off annual event, subject to its own internal political dynamics. It should, rather, be influenced by, and exert a positive influence upon, all that is happening in the UN system and on the wider international stage. For this to occur, the Commission must enjoy the trust and respect of the international community and this requires that it operate with the highest integrity. In other words, the credibility and effectiveness of the institution is in the hands of its members, whom you elect. In my opening and closing statements to the 58th session of the Commission, I suggested that membership of the Commission brings with it obligations as well as rights, responsibilities as well as privileges. If member States also come to believe this then the Commission will truly be able to realize the great expectations that the international human rights community has of it.

Let me now turn to my report for this session, which is before you.

Each year, I have brought to the attention of ECOSOC issues of concern in which this body can play a leadership role. This year, my report highlights the plight of persons living with HIV/AIDS, people with disabilities, indigenous peoples and trafficked persons. Each of these groups is often invisible within their own society and their rights are often neglected or ignored. ECOSOC has a significant role to play in advancing the rights of such individuals and groups.

Consider for a start the rights of people living with HIV/AIDS. The past year has been marked by an increased appreciation of the role of human rights and the realization of the right to health, specifically, in relation to addressing the HIV/AIDS pandemic. What I would like to see now is fuller integration of human rights obligations into national responses to HIV/AIDS. In this connection, I welcome the Commission on Human Right’s decision to appoint a Special Rapporteur on the right to health. The support of ECOSOC for this significant mandate is important.

Consider next the rights of persons with disabilities. In cooperation with the Special Rapporteur on Disability of the Commission for Social Development, my Office undertook a study to evaluate existing standards and mechanisms in the field of human rights and disability. You will find a description of the study in my report. The main thesis of the study is that the process of disability reform, which is taking place worldwide, could be immeasurably strengthened and accelerated if greater and more targeted use were made of human rights norms. For instance, a human rights approach ensures that the rights of persons with disabilities are not forgotten when measuring the implementation of the Millennium Development Goals.

The commitments made in the Millennium Declaration are of particular relevance to indigenous peoples, another focus of my report. Many of the world’s more than 300 million indigenous peoples are often poorly served by education, health, housing and other services. In some countries, the life expectancy of an indigenous person at birth may be 10-20 years less than for the overall population and infant mortality rates can be up to three times greater than the national average. Ensuring the full participation of indigenous peoples in policy making is one of the strategies needed to address these disparities. The upcoming Johannesburg Summit on Sustainable Development will, I hope, guarantee indigenous peoples a key role in the elaboration and implementation of national plans to address the challenges of sustainable development.

The launch of the Permanent Forum on Indigenous Issues in May of this year was an important step in ensuring greater indigenous participation within the UN. The Forum, as you know, is an advisory body composed of 16 independent experts, most of whom are indigenous persons themselves, mandated to recommend action that the Council might take to contribute to UN system activities relating to indigenous peoples.

An issue that emerged forcefully during preparations for the first session was the absence of financial and human resources to assist with the Forum’s preparatory work. To date, no regular budget resources have been allocated for the secretariat needs of the Forum. The only regular budget costs are associated with the travel and daily allowances of the Forum members and the conference services for the sessions of the Forum themselves. The ECOSOC will need to take decisions concerning the secretariat needs of the new body and recommend that resources are allocated in the regular budget for this purpose.

These practical matters notwithstanding, the Permanent Forum offers an exceptional opportunity to address the very real disadvantages faced by indigenous peoples. It has the potential to provide the technical expertise that could also become the starting point for partnership projects between indigenous communities and the UN system. As part of the preparations for the Forum, my Office invited all UN system organizations to meet in January 2002 to make recommendations on how to support the new body. The result was the establishment of an Inter-agency Support Group that will deepen the working relations among the agencies on indigenous issues and analyze the recommendations addressed to the UN system with a view to facilitating implementation.

Finally, my report addresses the issue of trafficking in human persons. Through the Millennium human rights goals, States vowed to take measures to ensure respect for the protection of the rights of migrants. Trafficking in human persons is a particularly abusive form of migration. One of the most significant outputs of the OHCHR Trafficking programme is the Recommended Principles and Guidelines on Human Rights and Human Trafficking, which are included in an addendum to my present report ((E/2002/68/add.1). Development of the Principles and Guidelines began in 2000 in response to the clear need for practical, rights-based policy guidance on the trafficking issue. The purpose of these principles and guidelines is to promote and facilitate the integration of a human rights perspective into national, regional and international anti-trafficking laws, policies and interventions. They serve as a framework and reference point for the work of OHCHR on this issue. I encourage States and intergovernmental organizations to make use of the Principles and Guidelines in their own efforts to prevent trafficking and to protect the rights of trafficked persons.

As this is the last occasion on which I will address you as High Commissioner, I would like to express my appreciation to the members of ECOSOC for your support and cooperation during the past five years. It has been an enormous privilege and at times a daunting challenge to serve as High Commissioner for Human Rights. I have seen a transformation in the approach to human rights over those five years, in the mainstreaming throughout the UN system of a rights-based approach to our work, in the strong links now made between human rights and human development and in the way that civil societies in every region are learning to use the commitments of governments in ratifying human rights covenants and conventions as a means of securing transparent and participatory decision making on economic and social issues. The major focus over the coming years needs to be on developing and strengthening national protection systems, because it is at national and local level that human rights are either protected or violated.

I am very proud of the Office and colleagues I lead and urge you to continue with strong support for my successor and the work of the Office of High Commissioner in the years to come.



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