Statement by Mary Robinson, United Nations High Commissioner for Human Rights at the opening of the 51st session of the Sub-Commission on the Promotion and Protection of Human Rights

Check against delivery


Geneva, 2 August 1999


Distinguished...

I would like to begin by paying tribute to the members of the Sub-Commission for the work that has been done since the last session. I am aware of the sacrifices which many of you make in order to meet the onerous responsibilities which membership of the Sub-Commission entails.

You should know that I regard the Sub-Commission as having an important role in expanding the human rights activities of the United Nations. Your new title re-inforces, in my view, the relevance of your role. The word “think tank” has been somewhat overused. However, I regard the Sub-Commission as a think-tank in the proper sense, that is, a body that applies itself to examining the big issues of human rights in detail and makes recommendations which influence and shape the debate on how best to protect human rights. In its time the Sub-Commission has been both a catalyst and the originator of some of the more imaginative initiatives which have been undertaken. The expertise which members bring to bear is invaluable. The intellectual output of the Sub-Commission can contribute in a real way to the work of my Office and to the championing of human rights generally.

Government representatives and delegates from the UN family and international organisations are welcome attenders at your deliberations. I would like to say a special word of welcome to the non-governmental organisations for coming here, and I look forward to your contribution to the work of the Sub-Commission. I am conscious that the annual meetings of the Sub-Commission are valued by NGOs and I can assure you that I value your input to the Sub-Commission and see it as an indispensable part of the task of promoting and protecting human rights.

The Human Rights Context

The year since the Sub-Commission last met has seen many abuses of human rights around the world. The pity is all the greater since we were commemorating the 50th anniversary of the Universal Declaration of Human Rights only a few months ago. It bears out the view I expressed last year that the anniversary of the Universal Declaration was an occasion to be marked rather than celebrated. It is only necessary to look at events during the first half of this year to see how far we have to go before we can say that the ideals embodied in the Universal Declaration have been fulfilled.

Let me single out two places for mention because of the fact that the scale of the human rights abuses perpetrated in both was so massive. Even now the truth of what happened is still unfolding; each day bringing new revelations and new horrors. And the cycle of violence may be far from over in both places. What has to be contrasted, sadly, is the extent of international attention paid to each; the first received enormous international and media attention, the second has suffered from lack of international attention and resources.

The first is the crisis in Kosovo, which was reaching its worst phase at the same time as the Commission on Human Rights was taking place here in Geneva. In view of the magnitude of the problem, I redeployed human rights officers to gather information about human rights violations across the borders from Kosovo and established field operations there. I reported regularly to the Commission and paid two visits to the region. My Office is working and will continue to work with partners in a coordinated way to ensure that human rights are at the core of humanitarian assistance and of the rebuilding of democratic structures in the post-conflict period. The implementation of the MOU which we established with the Federal Republic of Yugoslavia through the work of our offices in Belgrade and Pristina will have an important role to play in that country’s evolution towards proper respect for the rule of law and of the human rights of all. I am also working closely with OSCE, Council of Europe and other agencies of the UN to look at long-range human rights issues in the Balkans as a whole.

A concern which I have is that the attention of the world has been so concentrated on events in the Balkans that the serious conflicts and human rights abuses elsewhere in the world are being ignored. Terrible as the events in Kosovo were, deadly conflicts were taking place at the same time in many other places but were receiving nothing like the same level of attention or activity.

The second place I went to single out is Sierra Leone, which I was pleased to have the opportunity to visit in June. I was accompanied by a high-level delegation and the timing proved to be good in that the peace talks in Lomé had reached a critical stage. The country stands between the conflict and the post-conflict stage and is seeking ways of coming to terms with the terrible violations of human rights which have taken place over a number of years and particularly since January of this year. I should mention that I found the extent and cruelty of the violence committed against civilians in Sierra Leone deeply shocking. I urged that there should be immediate international attention to help Sierra Leone overcome the legacy of the conflict and to reestablish a culture of human rights. In particular, I pledged my Office’s support for the decisions to set up an independent national human rights institution and a Truth and Reconciliation Commission. My Office will continue to engage with Sierra Leone in the post-conflict period by making available experts to assist in the establishment of these two institutions and in technical co-operation. Also, I have urged the establishment of a Commission of Inquiry to investigate and assess human rights and humanitarian law violations and abuses.

Among the positive developments of the past months I would draw particular attention to the events surrounding the tenth anniversary of the Convention on the Rights of the Child. There was a valuable discussion on children’s rights at the Commission on Human Rights and there have been a number of worthwhile initiatives, notably the adoption of an ILO Convention outlawing the worst forms of child labour. More recently ECOSOC held a special dialogue on children in which Secretary-General Kofi Annan participated and the voices of children themselves were heard.

Another significant achievement was the adoption last December by the General Assembly of the UN Declaration on Human Rights Defenders, whose adoption coincided with the awarding of the United Nations human rights prizes. I know that those present today include some outstanding defenders of human rights and that the proposals and actions you will take over the next weeks will contribute to achieving a better human rights order in the world. Sadly, the position of many human rights defenders remains very vulnerable, as I know from so many sad events such as the brutal killing of the Sri Lankan Legislator Neelan Thiruchelvam, last week.

Nonetheless, trends which I find encouraging are the increase in the pace of regional cooperation and national capacity building in human rights institutions. Both of these seem to me to be concepts whose time has come. I have seen the enthusiasm for the regional approach in many parts of the world in the past year - for example, in Africa when I attended the OAU Summit in Algiers last month and the first OAU Ministerial Conference on Human Rights, held in Mauritius in April. At the same time, there is a significant and welcome increase in the number of national human rights institutions being established. A striking example of these trends was a very successful workshop held in Bangkok last month on the theme of national human rights plans of action. The workshop resulted in the elaboration of an important document containing elements to facilitate the development of national action plans for the promotion and protection of human rights which clearly emphasizes the role to be played by civil society, i.e. parliaments, academic communities, research centres and NGOs, together with Governments in their realization. A further workshop took place last week in Sri Lanka on national institutions and NGOs working in partnership, and more meetings are scheduled on the themes of human rights education, strategies to realise the right to development and economic, social and cultural rights. These initiatives can only enhance the promotion of human rights capacity building through the spirit of cooperation in the region.

Vision of UN’s Role

At the heart of these positive developments is a belief which I have sought to stress, namely that the challenge of making the protection of human rights a reality, while formidable, is achievable. The challenge may appear daunting when we are confronted by the kind of gross violations which have taken place in Kosovo, Sierra Leone and so many other places. Yet I believe that it can, indeed, be met. One of the greatest achievements of the past half century has been the building up of an impressive array of norms and legislation in the field of human rights. There are still some gaps to be filled but the main focus of attention should now be on implementation. There are implications in this shift of emphasis for the work of the Sub-Commission. The main challenge is to bridge the gap between the rhetoric of human rights and the reality on the ground. We have the capacity to do so, as long as we have the will and energy.

Role of the Sub-Commission:

Where does the Sub-Commission come into the picture? In my view, the Sub-Commission has a very important part to play.

The Sub-Commission has recorded some impressive achievements which show that it can be a vital engine of the development of the human rights activities of the United Nations, in particular in the field of standard setting. An example is the draft declaration on the rights of indigenous peoples which is now pending before the Commission on Human Rights.

The Sub-Commission has also played an important role in preparing the basis for the creation of thematic mechanisms of the Commission.

The Sub-Commission was the originator of the Special Rapporteurs on freedom of information and expression, on the independence of the judiciary, on religious intolerance and on racism. The establishment of the Working

Group on Enforced or Involuntary Disappearances as well as the Working Group on Arbitrary Detention can also be traced back to the Sub-Commission.

- One of the most significant contributions the Sub-Commission has made has taken the form of studies on both economic, social and cultural rights and civil and political rights. A good example of the value of such studies is the one made on human rights and extreme poverty. This was completed by the Sub-Commission in 1996. A Special Rapporteur on the subject was appointed by the Commission on Human Rights last year and this year a workshop will be organized on 30 and 31 August, to which all Sub-Commission experts have been invited. The aim of the workshop is to identify the main elements of a possible draft declaration on human rights and extreme poverty.

The expertise of Sub-Commission members has been recognised by the Commission on Human Rights. For instance, Mr. Joinet has been appointed as a member of the Working Group on Arbitrary Detention; Mr. Pinheiro was the former Special Rapporteur on Burundi and Mr. Sorabjee Special Rapporteur on Nigeria. I was happy to have the services of Mr. Sorabjee as my Personal Envoy to East Timor; he kindly undertook a field mission to Indonesia and East-Timor from 14 to 24 May 1999. I was also very pleased that Ms Gay McDougall was able to accompany me as part of the high level delegation to Sierra Leone.


The unique role of the Sub-Commission manifests itself in particular in the functioning of its thematic working groups. The working groups facilitate interaction between civil society, Governments and the intergovernmental system and provide a forum for vulnerable groups which otherwise have little or no access to the international system. Indigenous peoples, representatives of minorities and representatives of groups which are often victims of various kinds of human rights violations, including illegal trafficking, have made their voices heard. I should also mention the sessional working group on the administration of justice, which last year completed the draft convention on enforced and involuntary disappearances, and which will continue its useful work this year.

Looking Ahead

To continue to play a valuable role in the struggle to champion human rights, the Sub-Commission will have to take account of the changes that are taking place both structurally and thematically in the field of human rights. As you are all aware, reforms are under consideration not only for the Sub-Commission but for all the human rights mechanisms.

None of us should be resistant to change. We should, rather, preserve an open mind and be prepared to embrace change if it can improve efficiency and enable our work to remain relevant. I would encourage you to feel re-invigorated and vindicated by your change of title which also broadens the scope of your work.


As regards themes, there is more need than ever for the Sub-Commission to remain open and to respond positively to the changing profile of human rights. As I mentioned, there is a shift away from standard setting and more towards implementation and this, naturally, should be reflected in the Sub-Commission’s activities. I would like to refer to four themes which seem to me to be especially suitable for in-depth study by the Sub-Commission:

firstly, the preparations for the World Conference on Racism. The organisation of this important conference, the last in the series of major UN conferences of the past decade, is the responsibility of my Office. It will provide a unique opportunity to devise new strategies to banish the scourge of racism for good and all. The Sub-Commission’s contribution can be of particular value. Already, following a specific request made by the Commission on Human Rights, the Sub-Commission has made a number of proposals with the aim of contributing to the preparatory phase. At this session two working papers prepared by members of the Sub-Commission will be considered: one on the rights of non-citizens and one on globalization in the context of the increase in incidents of racism. A representative of the Sub-Commission participated in the open-ended Working Group of the Commission charged with the preparation of the World Conference. The Commission has approved the appointment of Mr. Bossuyt as Special Rapporteur to undertake a study on the concept and practice of affirmative action.

secondly, Globalisation. Globalisation is not just a buzzword, it is a phenomenon which has very significant long-term implications for the international community. In fact, the extent of the social, economic and political implications of globalisation are only now beginning to be grasped. The human rights dimension is one which we must understand better and this is where the Sub-Commission can help. It would be very useful if the Sub-Commission were to carry out in-depth research on this subject.

thirdly, business and human rights. I set out my views on this topic in a speech I delivered in Interlaken in June. The message I was seeking to convey was that there is a clear wish on the part of some of the important players in the business community to integrate human rights into their planning and policies. We should seize this opportunity to translate the positive mood into real codes of human rights practice for business and devise methods to ensure implementation of these codes in practice. The establishment for the first time of a working group on transnational corporations provides the opportunity for the Sub-Commission to contribute and I hope that you will find further ways of addressing this topic.

fourthly, economic, social and cultural rights and the right to development. In recent years the Sub-Commission has embarked on a comprehensive set of studies: on the right to food, on income distribution, on impunity in the field of economic and social rights among others. Further studies are under consideration: on the right to education, on human rights as the primary objective of trade, investment and financial policy. These studies can help to improve our understanding of the vital area of economic, social and cultural rights and I would encourage you to continue and intensify your consideration of them. I also think that your input into thinking about the right to development would be extremely valuable, and would compliment other work being carried out, for example, by the Special Rapporteur on the right to development and by the Working Group.

In conclusion, let me wish you well with your work over the weeks ahead and reiterate the importance I attach to the role of the Sub-Commission. I will follow your deliberations with interest. My Office stands ready to assist you in every way possible, not only while you are in session but throughout the year.