Statement on UDHR 60 Anniversary Initiative by Ms. Kyung-wha Kang UN Deputy High Commissioner for Human Rights

17 April 2008

Madame Chair,

Distinguished representatives of NHRI,

Ladies and gentlemen,


On 10 December 2007, the UN Secretary-General launched a year-long campaign to celebrate the 60th anniversary of the Universal Declaration of Human Rights (UDHR) which was the first international recognition that all human beings have fundamental rights and freedoms. The whole United Nations family is taking part in this commemoration which will culminate on Human Rights Day, on 10 December 2008.

The theme of the campaign is “Dignity and justice for all of us” and in this framework, OHCHR has chosen to pay special attention to the situation of persons deprived of liberty in prisons and places of detention. Indeed, the deprivation of liberty affects a whole range of rights. In the most extreme cases, people in detention can be subjected to torture and ill-treatment. In many cases, access to health care, food, water or education can be severely hampered. Conditions of detention are often precarious and persons deprived of their liberty often have no means or limited opportunities to voice their complaints and concerns.

OHCHR is inviting National Human Rights Institutions (NHRIs) to consider undertaking focussed activities relating to the dignity and justice of detainees. The details of the proposal will be conveyed through a letter from the High Commissioner and a concept paper which will reach you by early May. But let me today share with you some elements of the thinking on which this initiative for joint action is based.

For many reasons, NHRIs are ideally placed to address human rights issues related to detention. First, many NHRIs are mandated through legislation to visit prisons and places of detention, monitor the situation of prisoners, and interview detainees. A survey carried out by OHCHR in 2007 showed that more than 50 NHRIs are legally mandated to undertake visits of detention centres and to investigate allegations of torture and, in some instances, to recommend compensation for victims.

Secondly, the international human rights system, especially through the Convention against Torture and the work of the Special Rapporteur on Torture and the Working Group on Arbitrary Detention provide specific recommendations that could be followed up at the national level by NHRIs. In addition, the entry into force of the Optional Protocol to the Convention against Torture (OPCAT) has made for strengthened role for NHRIs regarding the situation of persons deprived of liberty. The Protocol provides that NHRIs take on a formal role as national mechanisms, for the prevention of torture through regular visits to places of detention. The Protocol foresees close cooperation between the Subcommittee of the OPCAT and NHRIs for the prevention of torture.

Finally, most NHRIs are mandated to make concrete proposals for legislative reform and this holds great potential for the improvement of detention systems, as well as monitoring the situation of detainees. In all these endeavors, relevant parliamentary committees, judges, bar associations as well as NGOs could be involved as well.


Ladies and gentlemen,

I am well aware that many of you are already actively engaged on this issue and would like to flag a few concrete examples. The National Human Rights Commission of Korea is planning a media campaign to raise public awareness on the human rights situation in prisons; the New Zealand Human Rights Commission, in its role as a designated national preventive mechanism under OPCAT, coordinates submission of information to the Sub-Committee on Prevention and makes recommendations to the Government; the NHRIs in Mexico and in Costa Rica have also been designated national preventive mechanisms. The Uganda NHRI for its part has focused a great deal of its work on visits to detention centres and the situation of detainees.

Such excellent initiatives show that there is great potential for all NHRIs to become more engaged on issues linked to the dignity and justice of detainees. The theme of the upcoming 9th International Conference of NHRIs in Nairobi, Kenya, late in October this year, will be on the Administration of Justice and will undoubtedly allow for rich discussions and awareness raising on various aspects of the rule of law, including the administration of prisons as well as suggestions for further practical action by NHRIs in this critically important area.

The ultimate aim of NHRIs’ efforts to improve correctional systems is to ensure that they meet minimum international standards; that regulations are in place that govern the intake, incarceration, and transfer of inmates; and that their personnel are trained in human rights. There is a vast range of possible activities which NHRIs can take in this context – they can:
· Assess the status of the prisons system and general conditions of inmates (perhaps with a special focus on women, juvenile and other vulnerable groups of inmates for instance);
· Put forward legislative proposals on minimum standards for correctional facilities, the intake, incarceration and transfer of inmates as well as relevant implementing regulations for the administration of prisons, codes of conduct for staff;
· Deliver training for prison staff including on human rights standards in general, interviewing and investigatory techniques, the prohibition of torture and OPCAT;
· Undertake periodic and unannounced site inspections of places of detention and interviews with detainees and issue public reports on such inspections;
· Contribute to ensuring inmates have access to justice;
· Cooperate with civil society for the protection and promotion of the rights of persons in detention; and
· Support the ratification of international human rights instruments – the Convention against Toture and its optional protocol - as well as follow up action at the national level resulting from the work of Treaty Bodies and Special Procedures as well as the Universal Periodic Review in the Human Rights Council.

These are only a few instances of concrete actions which can be taken on the ground and be complimented by OHCHR’s concerted advocacy at the global level. Obviously these efforts should go beyond this year. But doing the work together in this year of UDHR 60 will have a special significance and implications. At the end we envisage compiling a document on NHRIs’ activities undertaken during this year, which could serve as a guide for further efforts to protect the dignity of and justice for persons deprived rightly or wrongly of their liberty.

I am confident that you will respond in large numbers to the High Commissioner’s call for your direct involvement in this worthy endeavour for the 60th anniversary of the UDHR.


I thank you for your attention.