Opening address by Kyung-wha Kang Acting High Commissioner for Human Rights at the 93rd session of the Human Rights Committee

7 July 2008

Mr. Chairperson,

Distinguished members of the Committee,
Ladies and gentlemen,

It gives me great honor and pleasure to open the 93rd session of the Human Rights Committee, and to welcome its distinguished members to what will no doubt be a very fruitful session in keeping with longstanding traditions of the Committee. Before turning to your work during this session, allow me to bring to your attention a number of important developments of interest to the Committee that have taken place since your last session.

Sixtieth anniversary of the Universal Declaration of Human Rights

As you may be aware, the Secretary-General launched on December 10 last year a year-long campaign that leads up to the sixtieth anniversary of the Universal Declaration of Human Rights, which will be marked on December 10 this year. This campaign engages the whole UN system in promoting the Declaration’s ideals and principles of dignity and justice for all. Together with local partners, UN entities are advocating specific areas of human rights that are most pertinent to their work and to the needs of the communities in which they operate. The OHCHR web-site is providing updated information on cultural initiatives, public discussions and the many other unfolding activities that will mark the forthcoming anniversary. OHCHR is leading these activities with the objective of increasing knowledge and raising awareness on human rights issues around the world. In particular, the High Commissioner proposed to designate the week of 6-12 October 2008 as the “dignity and justice for detainees week”. The main objective of this initiative is to sensitize the public during the 60th anniversary commemoration on human rights issues relating to detention, to lend support to authorities with the aim of improving respect for detainees’ rights, and to have worldwide impact and visibility. I hope the Committee will consider ways in which it could contribute to this and other initiatives marking the sixtieth anniversary of the Declaration.

Human Rights Council and Universal Periodic Review

Since your last session, the universal periodic review working group of the Human Rights Council held two sessions, one in April and one in May 2008, during which 32 countries were reviewed, including two States which will be engaged by the Committee during this session, namely France and the UK. In accordance with Council resolution 5/1, the OHCHR compilations for the UPR drew on information contained in concluding observations of treaty bodies and reports of special procedures as well as observations and comments by the State concerned and other relevant official United Nations documents. Frequent reference was made during the reviews and in the final reports to treaty body recommendations, the importance of ratification of human rights treaties and the removal of reservations. In turn, the Committee against Torture referred to Indonesia’s commitments expressed during the universal periodic review, in its concluding observations adopted in May this year.

I understand that your Committee has designated Madame Chanet and Professor Wedgwood as Rapporteurs to present recommendations on the Committee’s relationship with the Human Rights Council, and that you will reflect during this session on the implications of the UPR for your work, as well as how it might best use the inputs into as well as the outputs of this process.

Seventh Inter-Committee Meeting and Twentieth Meeting of Treaty bodies’ Chairpersons

Turning now to the treaty body system, the Seventh Inter-Committee Meeting and the Twentieth Meeting of Chairpersons of treaty bodies were held respectively from 23 to 25 and from 26 to 27 June 2008. This Committee was well represented by Mr. Amor, Mr. O’Flaherty and Mr. Rivas-Posada, and I am sure they will provide you with the details on the outcome of these meetings during the course of this session. But allow me to present some of the major points.

The Universal Periodic Review and its links and cross-over to treaty body mechanisms were discussed at length during both meetings. The Inter-Committee Meeting recommended that the Secretariat routinely make available to treaty bodies the compilations prepared by OHCHR. The Inter-Committee Meeting also noted that treaty bodies may consider referring to the pledges and commitments made by States parties in the course of the universal periodic review in their dialogue with States parties. During their meeting, the chairpersons of treaty bodies underlined the complementary and mutually reinforcing nature of the treaty body system and the universal periodic review mechanism, and emphasized the importance of a continuing dialogue on this matter. The chairpersons further recognized the need for developing an effective cooperation between the treaty bodies and the Human Rights Council and strengthening the institutional links between the two systems. They also encouraged the Human Rights Council to extend invitations to treaty bodies to participate in its sessions, especially during thematic discussions.

Discussions at the Inter-Committee Meeting once again focused on the working methods of treaty bodies, including their coordination and possibilities for further harmonization. Following the recommendation of the 6th Inter-Committee Meeting that it meet twice annually, the 7th Meeting recommended that one of its two annual meetings be dedicated exclusively to the improvement and harmonization of working methods of the human rights treaty bodies. It decided that the agenda items for the 8th Inter-Committee Meeting would be the following: revised treaty-specific guidelines, follow-up to concluding observations, consideration of a country situation in the absence of a report, and the universal periodic review mechanism. Another important recommendation was the establishment of a working group on harmonization and /or identification of best practices in respect of follow-up, which is due to report back to the 9th Inter-Committee Meeting to be held in 2009.

As you know, one of the areas of harmonization currently under discussion is reporting guidelines. Three Committees - the Committee on the Elimination of Racial Discrimination, the Committee on the Elimination of Discrimination against Women and the Migrant Workers Committee – have already adopted treaty-specific targeted reporting guidelines to complement the guidelines on a common core document. The Committee on Economic, Social and Cultural Rights is also well advanced in the drafting of its treaty specific guidelines and the Committee on the Rights of the Child and the Committee against Torture have commenced their work. The seventh Inter-Committee Meeting encouraged treaty bodies to complete the adoption of their revised guidelines by the end of 2009. In this context, the paper prepared by Mr. O’Flaherty on the revision of your guidelines is an important step forward and I wish you much progress in this regard during this session.

Developments regarding the Committee and other treaty bodies.

Now on promoting the work of the Committee, with respect to statistical information relating to human rights and following an expert consultation held in December 2007 to consider proposals on indicators for the right to work, the right to social security, the right to freedom of opinion and expression and the right to a fair trial, a second expert consultation was held in April 2008 to finalize the conceptual and methodological framework and to fine tune the list of illustrative indicators identified with regard to selected human rights. A user’s manual will be developed and further workshops convened at the country level, as well as consultations with other stakeholders and United Nations organizations.

With regard to signature and ratification of the Covenant and its two protocols and compliance with reporting obligations

Since your last session, Pakistan signed the Covenant on 17 April 2008 and Honduras ratified the Second Optional Protocol to the Covenant on 1 April 2008.

With regard to compliance of States parties with their reporting obligations under the Covenant, I would like to inform you that since your 92nd session, Uzbekistan submitted its third periodic report, and Mexico sent a note verbale informing the Committee that it would submit its fifth periodic report, overdue since 2002, by 31 July 2008. One of the concerns of States parties is the time gap between the submission of their reports and the time of their consideration. As you know, this is also a matter of concern regarding your Committee, as 19 reports are currently pending consideration. Bearing in mind that you are examining between 4 and 5 reports per session, this implies that there could be a time gap of nearly two years between the time of submission and the time of consideration of some reports.

Meanwhile there have been much welcome developments regarding other international human rights instruments and treaty bodies

On 4 April 2008, at its fifth session, the Working Group on an optional protocol to the International Covenant on Economic, Social, and Cultural Rights adopted its report and transmitted the draft optional protocol to the Human Rights Council, which adopted it on June 18th and transmitted it to the General Assembly.

I would also like to mention that on 3 May 2008, the Convention on the Rights of Persons with Disabilities and its Optional Protocol entered into force. A total of 27 States are party to the Convention, of which 16 are also party to the Optional Protocol. The initial election of members to the Committee on the Rights of Persons with Disabilities is to be held no later than six months after the entry into force of the Convention, which means November 3rd. Members are elected for a term of four years, and are eligible for re-election once. The Convention mandates the Committee to consider the reports of States parties, which are to be submitted within two years of entry into force of the Convention for the State party concerned, and every four years thereafter, and further whenever the Committee requests. The Optional Protocol provides the Committee with competence to consider communications from or on behalf of individuals or groups of individuals who claim to be victims of a violation of a State party of the Convention, and also provides for an inquiry procedure, which States parties to the Protocol may opt out of at the time of signature, ratification or accession. OHCHR looks forward to assisting the new Committee in fulfilling its mandate and becoming an active participant in the Inter-Committee endeavours.

In the broader context, challenges persist in making the treaty body system more visible and accessible and the Office will continue its work to enhance awareness and understanding of the treaty body system, as well as to facilitate the implementation of treaty body recommendations at the national level. To this end, and in the context of the OHCHR project on strengthening the implementation of treaty body recommendations through the enhancement of national protection mechanisms, activities have continued to be organised by OHCHR. As part of the project activities, a specific web page and booklet compiling information and good practices in follow-up to and implementation of treaty body recommendations are being planned.

Finally, as recommended last year with regard to linking up with specialized agencies and United Nations funds and programmes, a meeting on enhanced cooperation and interaction concerning treaty reporting and follow-up processes among specialized agencies, funds and programmes and treaty body members will be convened in the second half of 2008.

Present session of the Committee

Turning now to your present session, you will once more have a heavy agenda.

You will examine four State party reports (France, Ireland, San Marino and the United Kingdom of Great Britain and Northern Ireland). In addition, your Country Task Forces will adopt lists of issues on the periodic reports of Denmark, Monaco, Spain and Sweden.

Furthermore, you will consider over 40 communications and continue your discussion on the working methods of the Committee. You will also pursue your consideration of future general comment 33 on the challenging issue of States parties’ obligations under the Optional Protocol to the Covenant, on the basis of a revised draft prepared by Mr. Shearer. You will consider the progress reports submitted by the Special Rapporteur for Follow-up on Concluding Observations, Sir Nigel Rodley and the Special Rapporteur for Follow-up on Views, Mr. Shearer. Lastly, you will discuss and adopt your annual report to the General Assembly.

Let me assure you of the full support of our Office and all services of the Secretariat in assisting you to fulfil your mandate. In conclusion, I wish you a fruitful and successful session.

Thank you.