STATEMENT BY MARY ROBINSON, UNITED NATIONS HIGH COMMISSIONER FOR HUMAN RIGHTS TO THE OPENING OF THE 54TH SESSION OF THE SUB-COMMISSION ON THE PROMOTION AND PROTECTION OF HUMAN RIGHTS 29 JULY 2002

Check against delivery



Mr Chairman,
Distinguished Members of the Sub-Commission,
Excellencies,
Colleagues,
Ladies and Gentlemen,

It is a great pleasure for me to address you at the opening of the 54th session of the Sub-Commission on the Promotion and Protection of Human Rights. I would like to thank Mr. David Weissbrodt for his excellent work as Chairperson of the 53rd session, work which he continued throughout the past year.

I was happy to meet a number of you last Friday at the launch of the Social Forum, which will have its second day next Friday.

New/retiring members

Last year the Sub-Commission paid tribute to two of its longstanding members, Mme. Daes and Mr. Joinet, both of whom indicated they would not stand for re-election. I wish to extend my congratulations to the newly elected members from Jamaica, Ms. Florizelle O’Connor, Madagascar, Ms. Lalaina Rakotoarisoa, Mozambique, Mr. Rui Baltazar Dos Santos Alves, and Pakistan, Mr. Abdul Sattar, as well as to Mr. Decaux, Ms. Koufa and Mr. Kartashkin who have already participated in the work of the Sub-Commission as alternate members.

Developments since last year

In surveying developments since you last met, it seems difficult to imagine a year in which so much has happened to alter the context within which the Sub-Commission works. Some of these developments are a direct result of your recommendations and analysis, others have been foreshadowed in previous work of the Sub-Commission, and still others have been thrust unexpectedly upon us all. Each of the new issues that have come to the fore over the last twelve months will demand that the Sub-Commission bring its significant expertise to bear.

WCAR

I would like to refer specifically to three of these developments. The first is the World Conference Against Racism which took place just a few weeks after your last session. As I have said many times in the past year, the Declaration and Programme of Action from Durban provide a new and innovative anti-discrimination agenda for further action. However, if implementation is to be a success, the involvement of the human rights bodies that have traditionally played a leading role in the fight against racial discrimination, such as the Sub-Commission, is vital and necessary. May I use this opportunity to invite you to consider how you might develop new ideas and studies for realising the promises of Durban. In undertaking this task, you should bear in mind the support available from my Office.

We have established an anti-discrimination unit, which is devoted to the implementation of the anti-discrimination agenda adopted in Durban. Its first task has been to work actively on mainstreaming the Programme of Action into all relevant activities of the Office, as well as those of other UN bodies and specialized agencies. The unit will serve to focus the attention of States and others through the regular reporting on implementation to the General Assembly and the Commission on Human Rights. The unit will also service the open-ended intergovernmental working group established at the last session of the Commission and the Eminent Persons group which the Secretary-General will shortly be appointing, both of which have a role in overseeing the implementation of Durban. In addition, the anti-discrimination unit will be involved in assisting the expert working group established by the Commission on people of African descent.

The unit is also organizing seminars on how to move forward to implement the commitments made in Durban. We had a regional seminar of experts for the Latin American and Caribbean region in Mexico City in July of this year, which I attended, and we will hold a second regional seminar of experts in Nairobi for the African region in September. The unit will also be spearheading public awareness and information activities worldwide, as well as working with NGOs and youth groups to ensure that further progress can be made in the fight against racism, racial discrimination, xenophobia and related intolerance.

One of the most hopeful outcomes of Durban is the commitment of youth. The International Youth Summit prior to the World Conference was an inspiring event and young people are hard at work networking and advocating anti- racism strategies in all world regions. Thus the Asia Pacific Youth Network will hold a Workshop at the end of this month in Bangkok bringing together grass roots NGO representatives of the anti-racism campaign from 27 countries to train and plan anti racism and human rights strategies. Such commitment from young people must give us all heart and increase our determination to ensure that we keep up the momentum to ensure a world free of racism.

11 September

The second development I wish to highlight is the aftermath of the terrible attacks of 11 September. The Sub-Commission has for several years been studying the relationship between terrorism and human rights, and the working paper of the Special Rapporteur, Ms. Koufa, was an essential resource for my Office in developing strategies to respond to the human rights issues raised by the events of 11 September and its aftermath. The risks posed to the promotion and protection of human rights by the growing number of anti-terrorism measures being adopted around the world needs to be recognised and addressed. Again, the Sub-Commission was prescient in asking at its last session for a preliminary working paper on military tribunals. Also relevant is the study on the rights of non-citizens. Terrorism will remain on the international agenda and on the agenda of the UN human rights system in the years to come. The question the Sub-Commission needs to ask itself is what more it can do to help guide further efforts in this new era.



CHR58

The third development relates to the 58th session of the Commission on Human Rights. As many of you know, this year’s session of your parent body was a difficult one. At its conclusion, I said that it called for deep reflection by all interested actors. This reflection is now taking place within the Expanded Bureau of the Commission, amongst States and NGOs, and within my own Office, where I have established a high-level task force for this purpose. The specific decisions of the Commission and other matters relating to the work of the Sub-Commission will be the subject of the Commission Chairperson’s address to you later this morning.

The increasing number of issues with which the Commission is dealing, combined with the possibility of decreased resources, means that the work of the Sub-Commission becomes crucial. In providing high quality, rigorous research on human rights issues, the Sub-Commission not only facilitates the work of the Commission, but it also provides it with a sound basis on which to build its normative and other work. In order to be effective in this role, the Sub-Commission needs to respond to the priorities identified by the Commission, and to enhance its own processes for identifying the most pertinent contemporary human rights issues worthy of study.

To maximize its impact the Sub Commission should concentrate on providing high quality analysis to the Commission. It should avoid political and ideological divisions and operate in accordance with the highest standards of independence and integrity. But within the limits set by the Commission following the review of the mechanisms in 1999-2000, the Sub Commission has an important protection role to pursue.

Developments in the Commission also suggest that the Sub-Commission must strive to preserve the space for NGO and other voices in its work. The Sub-Commission is unique in the UN system for its openness to civil society, and this was taken a step further this year with the first session of the Social Forum. It is important to continue this approach, and also to reach out to other actors. In this regard, I note with interest proposals by the Chairperson of the Commission and by some chairpersons of treaty bodies for closer cooperation between the Commission, Sub-Commission, special procedures and the treaty bodies.


Human rights and biotechnology

At a time when many see universal human rights as being under attack from many quarters, the Sub-Commission’s role in providing sound and rigorous studies on a wide range of topics is all the more crucial. And there is no shortage of issues in need of analysis. One of the newest areas, and one with a high media profile, is that of human biotechnology. The breathtaking developments in areas such as reproductive human cloning have brought us face-to-face with the basic concepts of human life and dignity. At its 57th session in 2001, the Commission on Human Rights requested both myself as High Commissioner and the Sub-Commission to reflect on what contributions we could make to the debate on these issues. In response to this invitation, and the growing importance of the issue, I convened an Expert Group on Human Rights and Biotechnology with a brief to advise me on the issues of priority in the field of biotechnology which until now have been largely dealt with in terms of ethics. The Experts’ Conclusions, which I will have distributed to the Sub-Commission, provide a clear mapping of the principal issues before us today, and the priority to be accorded to the most pressing amongst them. Of relevance to your discussion on intellectual property rights and human rights, I note that the Experts have identified the patentability of human genetic material and the issue of benefit-sharing as priority issues. I commend the document to you.

Business and human rights

During this session you will consider a number of other important and topical items.

I know the Sub-Commission and its Working Group on the working methods and activities of transnational corporations has worked hard to finalize what are provisionally called the 'Human Rights Principles and Responsibilities for Transnational Corporations and Other Business Enterprises'. I think that the Sub-Commission can make a significant contribution to the framework for understanding the human rights responsibilities of corporations and I wish you well for the successful completion of this important set of principles.

ESCR

Economic and social rights will feature in your discussions this year, along with the closely related topic of globalisation, trade liberalisation and poverty. The emphasis on these rights reflects trends at other levels, most notably at the Commission on Human Rights. These debates will build on the discussions of the Social Forum on the relationship between poverty reduction and the realization of the right to food. An annual Social Forum open to the broadest range of NGOs will not only underline the Sub-Commission’s commitment to economic, social and cultural rights, but also your engagement with the broadest spectrum of civil society.

Permanent Forum

In my opening address to your last session, I spoke at length about the Sub-Commission’s Working Group on Indigenous Populations and the pride it should feel in its role in the creation of the Permanent Forum on Indigenous Issues. Since then the Permanent Forum has become a reality, and it must now live up to the expectations placed on it by the world’s indigenous peoples. I hope that member States will also play a role in ensuring that this important new organ will be able to operate in the manner envisaged at its inception.

Human rights and the environment

The year’s session of the Sub-Commission takes place against the backdrop of preparations for the World Summit on Sustainable Development, which I shall attend in Johannesburg shortly after the conclusion of this session. This event will provide a valuable opportunity for taking stock of developments in the decade since the Rio Conference on Environment and Development, in particular the recognition of the link between human rights and the environment that has occurred over that time. I hope that the Johannesburg Summit will underline the inextricable links between the environment, development and human rights.

Working methods

At your last session you introduced a number of measures to streamline your working methods including:
· a reformed agenda of seven items;
· increased use of closed meetings and sessions; and
· the use of the "question-and-answer" format .

These initiatives won praise in the Commission this year; praise which I would echo. They indicate that the Sub-Commission does not rest on its past achievements but is committed to carrying out its mandate in an ever more effective and efficient way. Together with a renewed emphasis on fulfilling your mandate as an advisory body supporting the work of the Commission, these measures help to ensure the relevance and centrality of the Sub-Commission and its work to the UN human rights system.

Conclusion

As this is my final opportunity to address you as High Commissioner for Human Rights, I would like to conclude by expressing my deep appreciation to the members of the Sub-Commission for your support and cooperation during my time in Office. I have seen significant progress over the past five years; from the greater integration of human rights into the work of the UN system to a greater willingness on the part of governments to live up to their human rights commitments. But as we all know, this is a difficult time for the human rights community. There is still enormous work ahead in translating these commitments into legislation, policy and practice at every level, and ensuring they are fully upheld in combatting acts of terrorism.

I wish you well as you continue making your critical contribution to the greater realization of human rights around the world.

Thank you.