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Statements CHR subsidiary body

Opening remarks by Mary Robinson, High Commissioner for Human Rights Fifty-third session of the Sub-Commission on the Promotion and Protection of Human Rights

30 July 2001



Sub-Commission on the Promotion
and Protection of Human Rights
Fifty-third session
Monday, 30 July 2001
Role of the Sub-Commission
Since its establishment, the Sub-Commission has played an important role within the United Nations in the promotion and protection of human rights. Thanks to its expertise and experience, supported by the valuable contribution of non-governmental organizations, it has been able to provide the United Nations with useful recommendations on many issues. These include the elaboration of international standards, the development of our understanding of human rights through the study of new issues, and the prevention of violations of human rights throughout the world. On many occasions, the Sub-Commission has played an important role in preparing the basis for the creation of new thematic mechanisms of the Commission on Human Rights.
World Conference Against Racism
You will not be surprised if I say that the subject uppermost in my concerns at present is the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance. The Durban Conference has absorbed a great deal of the time and energy of my Office over the past year and we have now reached the most intensive phase. Notwithstanding the challenges, we welcome our responsibilities as secretariat of the Conference since the issues being considered at Durban go to the heart of the cause of human rights. Achieving a positive outcome at Durban is important on many counts, not least because it will provide the international community with an ideal occasion to start the new century by taking decisive steps to fight racism in all its forms.
The Sub-Commission has established a strong reputation in the fight against racism, racial discrimination, xenophobia and related intolerance. I recall that the Sub-Commission was one of the first proponents of the World Conference. You have reason to be proud of your role in making the World Conference a reality. I also note that the Sub-Commission has been called upon by the Commission on Human Rights to participate actively in the preparatory process for the World Conference with a view to ensuring its success. At the first and second sessions of the Preparatory Committee for the World Conference, your colleague Mr. Pinheiro introduced working papers containing useful proposals for the work of the World Conference.
As well as addressing proposals to the Preparatory Committee regarding the themes on which the World Conference should focus, several studies have been initiated and working papers prepared by the Sub-Commission. These include reports on affirmative action and the rights of non-citizens; working papers on globalization in the context of increased incidents of racism, racial discrimination and xenophobia; papers on the human rights problems affecting the Roma; papers on the topic of discrimination based on work and descent. Mr. Pinheiro as well as Ms. Daes and Mr. Alfonso Martinez have actively participated in the preparatory process and will represent the Sub-Commission at the Conference itself.
Working Groups of the Sub-Commission
I would like to say a word about an aspect of the Sub-Commission which is unique in the UN’s human rights programme: the role of the thematic working groups - on minorities, indigenous populations, contemporary forms of slavery. Those working groups facilitate interaction between civil society, Governments and the intergovernmental system and provide a forum for vulnerable groups which otherwise would have little or no access to the UN system.
The Working Group on Minorities is a good example. The Working Group's debate on integration and autonomy revealed the variety and complexity of situations facing minorities in different parts of the world. These discussions serve to enhance a more global understanding of the situations of peoples and groups and of the need to be more creative in finding solutions to protect and promote the rights of groups and communities.
The Working Group on Indigenous Populations has made a valuable contribution to the promotion and protection of indigenous people’s rights in the drafting of a Declaration on the Rights of Indigenous Peoples. In recent years, the Working Group has also focused on issues relating to indigenous education, language, land rights, cultural heritage and health. The Working Group has played an important role in reviewing developments in the situation of indigenous communities throughout the world, and has provided a forum for indigenous peoples from all over the world to assemble in Geneva, exchange experiences, engage in a dialogue with their respective governments, and develop joint proposals within the UN system. The Working Group should also be especially proud of its role in the creation of the Permanent Forum on Indigenous Issues, which fulfils an important objective of the International Decade of the World’s Indigenous People. My Office will work hard to fulfill its mandate as lead agency in charge of implementing the resolution to set up the Permanent Forum.
Ms. Erica-Irene Daes, who chaired the Working Group on Indigenous Populations with great energy and integrity for many years, has also contributed to the preparatory process of the World Conference by specifically addressing discrimination against indigenous peoples in her reports and working papers.
The Working Group on Contemporary Forms of Slavery is the only UN mechanism which monitors compliance with Slavery Conventions and deals with a wide range of human rights concerns in this area. It has selected this year as a priority issue the trafficking in persons, in particular women and children. I was heartened on a recent visit to Ireland to be presented with the fruits of an Irish campaign led by the NGO Trocaire against contemporary slavery. I was asked to receive some 43.000 postcards calling for an end to bonded labour and forms of contemporary slavery, which shows that the UN’s work is having an increasing impact in civil society world wide.
Economic, Social and Cultural Rights
As the Secretary-General has noted, the overriding message to come out of the United Nations Millennium Summit last September - the largest gathering ever of Heads of State and Government - was the need to ensure that globalization becomes a positive force for all the world’s people. At the request of the Commission on Human Rights, the Sub-Commission had earlier begun a study on the complex issue of globalization and its impact on the full enjoyment of all human rights. Much of the debate has concentrated on economic aspects. More needs to be done to improve our understanding of how the processes of globalization affect individual human rights both positively and negatively.
The approval by the Commission on Human Rights of a proposal for the Sub-Commission to host a forum on economic, social and cultural rights, to be known as the Social Forum, is an interesting development in this area. I hope that it will create a new space for dialogue and exchange, perhaps developing in a wider context the approach so successfully pioneered by the Working Group on Indigenous Populations.
Business and human rights
In addition to the initiative to establish the Social Forum, the Sub-Commission has continued its work to provide content to our better understanding of civil, cultural, economic, political, and social rights as well as the right to development. In that context, I note that the Sub-Commission and its sessional working group on the working methods and activities of transnational corporations have made progress in elaborating human rights guidelines for business enterprises. I commend Mr. David Weissbrodt for his diligent work in preparing draft guidelines in consultation with all the main actors.
The Universal Declaration of Human Rights commits every individual and every organ of society to promote and uphold the rights it enshrines. Governments have the primary responsibility for ensuring respect for human rights but corporations, their managers and their personnel have a strong duty to abide by the Universal Declaration and other international human rights principles in the course of their activities. Corporations have grown tremendously in the scope of their activities and their power in the world. The Secretary-General has recognised the potential of corporations to play a positive role in the protection and promotion of human rights in his Global Compact initiative. With power comes responsibility. I hope that the Working Group and the Sub-Commission will help us to define more precisely that responsibility and make further progress in preparing the human rights guidelines for companies and in obtaining broad input from governments, intergovernmental and non-governmental organizations, organizations of workers, and the business community.
Concluding comments
I have referred to some aspects of the Sub-Commission’s very diverse activities. The United Nations and the human rights community generally have long benefited from the expertise of the Sub-Commission in drafting human rights standards, increasing our understanding of new issues, and devising procedures for the protection of human rights. It goes without saying that to maintain its high standing the Sub-Commission must continue to meet the highest standards of precision and objectivity. I wish you a very successful session and look forward to working with you to achieve our shared vision of a world free from racism and all human rights abuses.