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Opening address by Ms. Maria-Francisca Ize-Charrin, Officer in Charge of the Office of the High Commissioner for Human Rights Chief of the Treaties and Commission Branch to the 67th session of the Committee on the Elimination of Racial Discrimination
04 August 2005
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67th session of the Committee on the Elimination of Racial Discrimination
2-19 August 2005
Palais des Nations (Room XI)
Tuesday 2 August 2005, 10.00 a.m.
Mr. Chairperson,
Distinguished members of the Committee,
Ladies and gentlemen,
It is my pleasure to welcome you to Geneva and to address you on the occasion of the sixty-seventh session of the Committee on the Elimination of Racial Discrimination. The High Commissioner and the Deputy High Commissioner are not in Geneva at present and will not return until the end of your session. On their behalf and as Officer in Charge of the Office, I extend to you our best wishes for a successful and productive session.
Allow me to bring to your attention a number of developments since your session in February-March.
One more state, Georgia, has made the declaration under article 14 of the Convention. Six States parties have submitted their periodic reports since the end of your last session, namely, Guatemala, Uzbekistan, Botswana, Bosnia and Herzegovina, Denmark and Israel.
Communications under article 14 of the Convention
During this session, you will examine two communications on the merits. I also want to draw your attention to the follow-up observations sent by the Government of Slovakia on 25 June regarding the opinion which you adopted last March on case 31/2003.
Our Office follows with particular interest the development of your jurisprudence under article 14 and hopes that the impact of your jurisprudence at the regional and national levels will increase.
We welcome your last session’s decisions to further improve your methods of work under article 14. At your last session, in the light of the positive experience of other treaty bodies in relation to follow-up procedures, you discussed the establishment of a procedure for following up on Opinions adopted under article 14 of the Convention. The Secretariat has prepared a background and options paper (CERD/C/67/FU/1, available in your file 3) for your consideration in this respect.
Examination of States parties reports and country situations as well as follow-up to concluding observations
During the present session, you will consider eight States parties’ reports. Your concluding observations on those reports will assist the States parties concerned in developing legislation, policies and programmes in the field of equality and combating racial discrimination. At the same time, they will be of particular use in the formulation and implementation of strategic human rights country engagements for the Office, both at headquarters and in the field, as well as for the United Nations Country Teams and other partners.
We hope that the follow-up procedure to your concluding observations recently established by the Committee will be productive. Since your last session, the Government of Ireland has already expressed its determination to ensure adequate and effective follow-up to the concluding observations which you addressed to this State party last March, and to do so in close cooperation with your Co-ordinator on Follow-up, Mr. Morten Kjaerum.
The Office has also been actively engaged in strengthening the implementation of treaty bodies’ recommendations through various training projects.
First type of training project: Since 2003, an OHCHR project funded by the European Commission has aimed at increasing the enjoyment of human rights in countries that have ratified international human rights instruments and that regularly report to treaty bodies. It aims, in particular, at facilitating the implementation of concluding observations at the national level by strengthening the capacity of key target groups, namely national human rights institutions, non-governmental organizations and the media. Under the project, so far, a total of 17 workshops have been organized both in Geneva and in the field involving 20 countries from all regions, including Zambia whose periodic report you will examine during this session.
Second type of training project: Recently a workshop took place in Santiago de Chile from 16 to 17 May 2005, organised by our Office in cooperation with UNDP, for colleagues working in specialized agencies or UN Departments. It focused on the implementation of treaty body recommendations and human-rights based programming. A similar workshop will be held in Panama before the end of the year.
Third type of training project: I had already mentioned to you last March that our Office was planning to organize a sub-regional workshop in Cairo (Egypt) on follow-up to concluding observations of CERD and CEDAW. I am pleased to confirm that the workshop will take place from 5 to 8 December 2005. It will be similar to those that we have organized in Quito, Damascus, Bangkok, Qatar and the sub-regional one that will be organized at the end of November in Buenos Aires (on follow-up to concluding recommendations of CRC). These workshops are expected to ensure better follow-up to concluding observations.
Draft General Recommendation 31 on the Prevention of Racial Discrimination in the Administration and Functioning of the System of Justice
The dynamic and creative approach through which your Committee interprets and develops the contents of the Convention’s provisions is also, for all of us, a source of inspiration and of great expectation. In that context, we are looking forward to the results of your continued discussions on the draft General Recommendation on the Prevention of Racial Discrimination in the Administration and Functioning of the System of Justice elaborated by Mr. de Gouttes. This new general recommendation will provide guidance to States parties in the formulation and implementation of effective responses to the serious human rights challenges arising from increased xenophobia or intolerance resulting from a rise in immigration and population movements and following the events of 11 September 2001 and other more recent terrorist attacks. As is already the case for your previous general recommendations, it will be used by our colleagues in UN field presences as an important tool in human rights training workshops organised in particular for law enforcement officials.
OHCHR Plan of Action
The case law, general recommendations and concluding observations of your Committee must be translated into concrete and effective enjoyment of human rights by all at the local level. Since its creation, the Committee has been and is still an important force for the protection against racial discrimination and promotion of equality in the enjoyment of human rights. The incorporation of the Convention of which you are the guardians into domestic constitutional and legal systems has enabled individuals to assert and claim their rights to equality and non-discrimination. Based, inter alia, on those achievements, the whole United Nations human rights system, including our Office as well as human rights bodies and mechanisms, must be strengthened in order to ensure better implementation of fundamental freedoms and rights worldwide. This need was acknowledged by the Secretary General in his report on the United Nations reform entitled “In larger freedom”, submitted in March 2005 to the General Assembly. In this report, the Secretary General requested the High Commissioner to provide within sixty days her vision on ways to strengthen the Office’s ability to discharge its mandate. In this context, the High Commissioner has elaborated an “OHCHR Plan of Action” which was sent to you immediately after its release at the end of May.
The Plan of Action sets out a strategy to deal with the key challenge of implementation. It focuses on two overarching goals: protecting human rights and empowering people to assert and claim their rights. The proposals included in the plan relating to the treaty body system and aiming at improving its effectiveness were discussed during the fourth Inter-Committee Meeting which was attended by Mr. Yutzis, Ms. Dah and Mr Kjaerum, and during the Seventeenth Meeting of Chairpersons held last June. The report of these meetings has been included in your file 3, as well as the statement of the High Commissioner to the Inter-Committee meeting.
The High Commissioner sees the human rights treaty system as the cornerstone of the United Nations framework for human rights. She recognizes the positive and successful impact of the treaty body system, but is also aware of the current challenges the system is facing, ranging from late or non-reporting to the backlogs of reports awaiting Committees - challenges which are only too familiar to you. As you know, action to meet these challenges has been ongoing for several years, focusing on coordinating the working methods and activities of the treaty bodies, and streamlining their various reporting requirements, in particular through the development of guidelines for an ‘expanded’ core document. The High Commissioner is very supportive of this work, as she believes that streamlined reporting will strengthen the system and will allow all seven committees to function in a strong, unified manner, for the benefit of all rights-holders.
In her Plan of Action, the High Commissioner also indicates her intention to develop proposals for a unified standing treaty body which will be discussed at an intergovernmental consultation of States parties to be convened in 2006. She sees the role of the seven treaty bodies in the development of these proposals for a unified standing body as pivotal, given your insights, garnered through years of experience. A concept paper will be developed, which will be prepared in an open and participatory way. Let me assure you that for the moment, no decision has been made with regard to the modalities of a unified standing treaty body. And it is precisely your experience, expertise and ideas which will help us study and identify relevant questions and the best options for the benefit of rights-holders. We are currently looking into modalities to ensure that your ideas are fully reflected in the concept paper. The High Commissioner has already had a preliminary dialogue with the Human Rights Committee on this question on 20 July (the summary records of this discussion have been placed in your file 3), and her representative in New York, Mr. Bacre Ndiaye, also met with the Committee on the Elimination of Discrimination against Women during its last session held in July. As Officer in Charge of the Office, I stand ready, Mr. Chairperson, to engage in further dialogue with your Committee on this matter during this session.
Our Office has started identifying areas which will require in-depth examination in the process of developing the concept paper and we welcome any expert advice you wish to contribute. Among the areas identified thus far are legal and procedural questions related to the establishment of a unified standing body; possible lessons we can draw from the experience of regional systems and other reporting systems such as the ILO; questions related to the possible modalities of such a body; and the role of stakeholders. I would like to re-emphasize that your role in this process is essential as you have the expertise and insight that she will need to rely upon throughout.
The concept paper will be made available in early 2006, and circulated for comment, in particular to treaty body members. A brainstorming meeting on the paper will be organised perhaps in May 2006, the results of which will be considered by the fifth inter-committee meeting and eighteenth meeting of chairpersons in June next year, just prior to the consultation. I know the High Commissioner would be very grateful to have your initial reactions, including perspectives on potential risks.
In conclusion, I wish you a fruitful, productive and successful session.
2-19 August 2005
Palais des Nations (Room XI)
Tuesday 2 August 2005, 10.00 a.m.
Mr. Chairperson,
Distinguished members of the Committee,
Ladies and gentlemen,
It is my pleasure to welcome you to Geneva and to address you on the occasion of the sixty-seventh session of the Committee on the Elimination of Racial Discrimination. The High Commissioner and the Deputy High Commissioner are not in Geneva at present and will not return until the end of your session. On their behalf and as Officer in Charge of the Office, I extend to you our best wishes for a successful and productive session.
Allow me to bring to your attention a number of developments since your session in February-March.
One more state, Georgia, has made the declaration under article 14 of the Convention. Six States parties have submitted their periodic reports since the end of your last session, namely, Guatemala, Uzbekistan, Botswana, Bosnia and Herzegovina, Denmark and Israel.
Communications under article 14 of the Convention
During this session, you will examine two communications on the merits. I also want to draw your attention to the follow-up observations sent by the Government of Slovakia on 25 June regarding the opinion which you adopted last March on case 31/2003.
Our Office follows with particular interest the development of your jurisprudence under article 14 and hopes that the impact of your jurisprudence at the regional and national levels will increase.
We welcome your last session’s decisions to further improve your methods of work under article 14. At your last session, in the light of the positive experience of other treaty bodies in relation to follow-up procedures, you discussed the establishment of a procedure for following up on Opinions adopted under article 14 of the Convention. The Secretariat has prepared a background and options paper (CERD/C/67/FU/1, available in your file 3) for your consideration in this respect.
Examination of States parties reports and country situations as well as follow-up to concluding observations
During the present session, you will consider eight States parties’ reports. Your concluding observations on those reports will assist the States parties concerned in developing legislation, policies and programmes in the field of equality and combating racial discrimination. At the same time, they will be of particular use in the formulation and implementation of strategic human rights country engagements for the Office, both at headquarters and in the field, as well as for the United Nations Country Teams and other partners.
We hope that the follow-up procedure to your concluding observations recently established by the Committee will be productive. Since your last session, the Government of Ireland has already expressed its determination to ensure adequate and effective follow-up to the concluding observations which you addressed to this State party last March, and to do so in close cooperation with your Co-ordinator on Follow-up, Mr. Morten Kjaerum.
The Office has also been actively engaged in strengthening the implementation of treaty bodies’ recommendations through various training projects.
First type of training project: Since 2003, an OHCHR project funded by the European Commission has aimed at increasing the enjoyment of human rights in countries that have ratified international human rights instruments and that regularly report to treaty bodies. It aims, in particular, at facilitating the implementation of concluding observations at the national level by strengthening the capacity of key target groups, namely national human rights institutions, non-governmental organizations and the media. Under the project, so far, a total of 17 workshops have been organized both in Geneva and in the field involving 20 countries from all regions, including Zambia whose periodic report you will examine during this session.
Second type of training project: Recently a workshop took place in Santiago de Chile from 16 to 17 May 2005, organised by our Office in cooperation with UNDP, for colleagues working in specialized agencies or UN Departments. It focused on the implementation of treaty body recommendations and human-rights based programming. A similar workshop will be held in Panama before the end of the year.
Third type of training project: I had already mentioned to you last March that our Office was planning to organize a sub-regional workshop in Cairo (Egypt) on follow-up to concluding observations of CERD and CEDAW. I am pleased to confirm that the workshop will take place from 5 to 8 December 2005. It will be similar to those that we have organized in Quito, Damascus, Bangkok, Qatar and the sub-regional one that will be organized at the end of November in Buenos Aires (on follow-up to concluding recommendations of CRC). These workshops are expected to ensure better follow-up to concluding observations.
Draft General Recommendation 31 on the Prevention of Racial Discrimination in the Administration and Functioning of the System of Justice
The dynamic and creative approach through which your Committee interprets and develops the contents of the Convention’s provisions is also, for all of us, a source of inspiration and of great expectation. In that context, we are looking forward to the results of your continued discussions on the draft General Recommendation on the Prevention of Racial Discrimination in the Administration and Functioning of the System of Justice elaborated by Mr. de Gouttes. This new general recommendation will provide guidance to States parties in the formulation and implementation of effective responses to the serious human rights challenges arising from increased xenophobia or intolerance resulting from a rise in immigration and population movements and following the events of 11 September 2001 and other more recent terrorist attacks. As is already the case for your previous general recommendations, it will be used by our colleagues in UN field presences as an important tool in human rights training workshops organised in particular for law enforcement officials.
OHCHR Plan of Action
The case law, general recommendations and concluding observations of your Committee must be translated into concrete and effective enjoyment of human rights by all at the local level. Since its creation, the Committee has been and is still an important force for the protection against racial discrimination and promotion of equality in the enjoyment of human rights. The incorporation of the Convention of which you are the guardians into domestic constitutional and legal systems has enabled individuals to assert and claim their rights to equality and non-discrimination. Based, inter alia, on those achievements, the whole United Nations human rights system, including our Office as well as human rights bodies and mechanisms, must be strengthened in order to ensure better implementation of fundamental freedoms and rights worldwide. This need was acknowledged by the Secretary General in his report on the United Nations reform entitled “In larger freedom”, submitted in March 2005 to the General Assembly. In this report, the Secretary General requested the High Commissioner to provide within sixty days her vision on ways to strengthen the Office’s ability to discharge its mandate. In this context, the High Commissioner has elaborated an “OHCHR Plan of Action” which was sent to you immediately after its release at the end of May.
The Plan of Action sets out a strategy to deal with the key challenge of implementation. It focuses on two overarching goals: protecting human rights and empowering people to assert and claim their rights. The proposals included in the plan relating to the treaty body system and aiming at improving its effectiveness were discussed during the fourth Inter-Committee Meeting which was attended by Mr. Yutzis, Ms. Dah and Mr Kjaerum, and during the Seventeenth Meeting of Chairpersons held last June. The report of these meetings has been included in your file 3, as well as the statement of the High Commissioner to the Inter-Committee meeting.
The High Commissioner sees the human rights treaty system as the cornerstone of the United Nations framework for human rights. She recognizes the positive and successful impact of the treaty body system, but is also aware of the current challenges the system is facing, ranging from late or non-reporting to the backlogs of reports awaiting Committees - challenges which are only too familiar to you. As you know, action to meet these challenges has been ongoing for several years, focusing on coordinating the working methods and activities of the treaty bodies, and streamlining their various reporting requirements, in particular through the development of guidelines for an ‘expanded’ core document. The High Commissioner is very supportive of this work, as she believes that streamlined reporting will strengthen the system and will allow all seven committees to function in a strong, unified manner, for the benefit of all rights-holders.
In her Plan of Action, the High Commissioner also indicates her intention to develop proposals for a unified standing treaty body which will be discussed at an intergovernmental consultation of States parties to be convened in 2006. She sees the role of the seven treaty bodies in the development of these proposals for a unified standing body as pivotal, given your insights, garnered through years of experience. A concept paper will be developed, which will be prepared in an open and participatory way. Let me assure you that for the moment, no decision has been made with regard to the modalities of a unified standing treaty body. And it is precisely your experience, expertise and ideas which will help us study and identify relevant questions and the best options for the benefit of rights-holders. We are currently looking into modalities to ensure that your ideas are fully reflected in the concept paper. The High Commissioner has already had a preliminary dialogue with the Human Rights Committee on this question on 20 July (the summary records of this discussion have been placed in your file 3), and her representative in New York, Mr. Bacre Ndiaye, also met with the Committee on the Elimination of Discrimination against Women during its last session held in July. As Officer in Charge of the Office, I stand ready, Mr. Chairperson, to engage in further dialogue with your Committee on this matter during this session.
Our Office has started identifying areas which will require in-depth examination in the process of developing the concept paper and we welcome any expert advice you wish to contribute. Among the areas identified thus far are legal and procedural questions related to the establishment of a unified standing body; possible lessons we can draw from the experience of regional systems and other reporting systems such as the ILO; questions related to the possible modalities of such a body; and the role of stakeholders. I would like to re-emphasize that your role in this process is essential as you have the expertise and insight that she will need to rely upon throughout.
The concept paper will be made available in early 2006, and circulated for comment, in particular to treaty body members. A brainstorming meeting on the paper will be organised perhaps in May 2006, the results of which will be considered by the fifth inter-committee meeting and eighteenth meeting of chairpersons in June next year, just prior to the consultation. I know the High Commissioner would be very grateful to have your initial reactions, including perspectives on potential risks.
In conclusion, I wish you a fruitful, productive and successful session.