禁止酷刑委员会第五十届会议开幕（部分翻译）

2013年5月6日

听取联合国人权事务高级专员的发言，通过议程并讨论组织及其他方面的问题。

禁止酷刑委员会第五十届会议于今天早上开幕，会议听取了联合国人权事务高级专员纳维·皮莱的发言，通过了会议议程和工作方案，并就组织及其他方面的问题进行了讨论。

皮莱女士表示, 条约机构本身是加强条约机构进程中的重要环节，并对在纽约启动的政府间进程将条约机构专家纳入考虑表示满意。鉴于联合国面临严重的经费问题，一些国家对综合性日程方案的即时可行性表示怀疑，目前正在讨论所谓的“灵活日程”问题：即为每个条约机构分别安排各自的报告日程，以减少长久以来的报告和函件积压。

高级专员强调，鉴于近年来该系统在外界支持并未充分增加的情况下规模却扩大了一倍，加强条约机构的的进程不应该是一种降低或固定成本的行为。目前已有六个条约机构通过了《独立及公正性指导原则（亚的斯亚贝巴指导原则）》，这为条约机构提供了有效的自律方式及保持其独立性和公正性的适当手段。

禁止酷刑委员会主席克劳迪奥·格罗斯曼赞同条约机构工作的报告和积压问题的重要性，并指出严重缺乏这些工作所需的资源。格劳斯曼先生还向高级专员保证了委员会10名成员对此的承诺与贡献。

委员会将于5月7日星期二上午十点再次举行公众会议，届时将审议英国提交的第五次定期报告 (CAT/C/GBR/5)。

Statement by the United Nations High Commissioner for Human Rights

NAVI PILLAY, United Nations High Commissioner for Human Rights, in her opening remarks said that the treaty bodies were at a critical juncture in the treaty bodies strengthening process and expressed her satisfaction that the inter-governmental process launched in New York had integrated treaty bodies experts into its deliberations, thus ensuring that they were heard by States in this process which laid the ground for important decisions on the future of the system. Concerning the proposal to establish a comprehensive reporting calendar to address the great number of States late in report submission and the significant backlog mounting for most Committees, the High Commissioner noted that some States expressed doubts as to the immediate feasibility of the comprehensive calendar in its entirety given the critical funding situation facing the United Nations. Some States were now discussing the proposal tabled by Egypt on behalf of the African Group to establish a so-called “Nimble Calendar”, which would establish a separate reporting calendar for each treaty body in order to reduce the backlog in reporting and communications over time.

The discussions in New York reflected the current gloomy financial outlook facing the entire United Nations system, said the High Commissioner, and told the Committee that her Office and the Conference Services had provided various cost estimates of the current system and the reduction of the backlog as well as a paper identifying possible cost savings. Ms. Pillay stressed that the treaty bodies strengthening process should not be a cost reduction or cost neutral exercise, given that the system had doubled in size in recent years without receiving sufficient increased support. Additional resources were needed not only to eliminate the backlogs but to address the structural challenges facing the system.

Turning to the issue of independence of the treaty bodies, the High Commissioner said that during the recent informal discussions, the Russian Federation had submitted a draft Code of Conduct on behalf of a cross-regional group of countries. This Code established principles of conduct and an Ethics Council comprising of representatives of States parties to treaties which would be empowered to receive complaints of the breaches of the Code. Six treaty bodies had already adopted the Addis Ababa Guidelines on independence and impartiality, which presented an effective means of self-regulation of treaty bodies and an appropriate way to preserve their independence and impartiality.

Questions and Comments by Committee Experts

CLAUDIO GROSSMAN, Committee Chairperson, agreed with the High Commissioner on the seriousness of the issue of reporting and backlogs in the work of treaty bodies, and noted also the serious lack of resources available to them. This issue was essential and had been raised on several levels. Concerning the issue of capacity building, the Chairperson said that this issue must not distract from the regular work of treaty bodies and that the role of education and training institutions in this must be preserved. Mr. Grossman reassured the High Commissioner of the commitment and dedication of the 10 members of the Committee against Torture.

A Committee Expert noted that the treaty bodies strengthening process was seen by some as a weakening process in which some States tried to establish political control over treaty bodies. This was a troubling development and needed to be urgently addressed. The intergovernmental process had gotten into competence issues and asked questions about who had the competence to examine State reports and issue recommendations. The Expert further noted that the so-called Nimble Formula was not nimble at all: it would offer the Committee members less time to do the work and would so create competitiveness that at the moment did not exist.

Turning to the issue of resources and the cost-cutting measures proposed by the High Commissioner, Committee Experts noted that the issue of the budget was that of life and death for treaty bodies and that money could be saved in many areas of the work of the United Nations. The greater part of the budget for treaty bodies was spent on translation and interpretation services and an Expert supported the proposal to rationalize the system of the United Nations working languages and consider them on a case-by-case basis.

Another Expert wondered whether the Universal Periodic Review had opened a divide in the United Nations system by giving the States the freedom to accept and refuse recommendations as they see fit. Concerning the Code of Conduct and the proposal to establish the Ethic Council, the Committee noted that its establishment would require a change in the treaty texts. It was important to prevent fragmentation of the international legal system, said another Expert and stressed the universality of the prohibition of torture which was paramount; combating fragmentation was also done through strengthening of the treaty bodies system.

Response by the High Commissioner for Human Rights

NAVI PILLAY, High Commissioner for Human Rights, said that she shared the concerns expressed by the Committee Experts concerning the intergovernmental process which she too felt was moving forward too fast. Ms. Pillay stressed the need to emphasize in this process the importance of preserving the independence and impartiality of treaty bodies.

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For use of information media; not an official record