REPORTS TO BE TAKEN UP BY THIRD COMMITTEE AT CURRENT SESSION

24 November 1995

Press Release
GA/SHC/3331

REPORTS TO BE TAKEN UP BY THIRD COMMITTEE AT CURRENT SESSION

19951124 Background Release The Third Committee (Social, Humanitarian and Cultural) will take up the issue of questions relating to human rights today, 24 November. There will be five sub-items to be discussed. The first is the implementation of human rights instruments; the second, human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms; the third, human rights situations and reports of the special rapporteur and representatives. The fourth, comprehensive implementation and follow-up to the Vienna Declaration and Programme of Action; and the fifth, the report of the United Nations High Commissioner for Human Rights.

Report of High Commissioner for Human Rights

The Committee will have before it the second annual report of the United Nations High Commissioner for Human Rights, Jose Ayala Lasso, who is responsible for system-wide coordination of activities to promote and protect human rights.

According to his report (document A/50/36), the fiftieth anniversary of the United Nations has prompted reflection on the international community's achievements in promoting respect for human rights and fundamental freedoms. Two high-level panel discussions were organized by him, in New York on 25 October, he notes: the first, on the future of the United Nations human rights programme, and the second, on women's rights as human rights.

During the panel discussions, the High Commissioner called for the recognition of human rights as a United Nations priority equal to peace and security. To take up a new United Nations vision of those rights, he said, three imperatives needed to be considered: universality, guarantees and democracy. The first dealt with the assurance of a universal respect for human rights. The second concerned a system that guaranteed the enjoyment by all of their rights, such as adequate provision of food, employment, adequate housing and medical care. The third, democracy, needed to be implemented within and among nations. Democracy, development and respect for human rights were interdependent.

At the second panel discussion, speakers stressed that the Vienna Declaration and Programme of Action and the Beijing Platform for Action coincide and thus call for coordinated efforts. (For background, see Press Release HR/4198 of 25 October.)

The High Commissioner's report says the United Nations human rights programme is undergoing extensive transformation. In cooperation with Governments concerned, specialized agencies, and intergovernmental and non-governmental organizations, technical cooperation is being developed, and a human rights field presence is being established. The Vienna Declaration and Programme of Action provides the guidelines for the Organization's programme.

International cooperation is one of the methods by which the United Nations Programme is being carried out, the report continues. As an example, he cites the High Commissioner visited the Minister for Foreign Affairs of the Russian Federation at Geneva on 17 January this year, where he reiterated his profound preoccupation at the reports of violations of human rights and humanitarian law in Chechnya. Also, a High Commissioner's representative visited the Russian Federation, including Chechnya and Ingushetia, from 20 to 30 May. Such dialogue is ongoing. The programme is also implemented through the ratification of human rights treaties such as the International Convention on the Elimination of All Forms of Racial Discrimination. A growing number of countries have developed a working relationship with the Commission on Human Rights and its mechanisms. The end of apartheid and the beginning of democracy through free elections are the achievements of a human rights process embodied in the presidency of Nelson Mandela in South Africa, the report goes on to say.

Since the submission of his first report to the General Assembly, at its forty-ninth session, the High Commissioner has visited Australia, Burundi (for the third time), Canada, Colombia, Costa Rica, Cuba, India, Panama, Rwanda (for the third time), Spain and the United States, according to the report. A brief presentation of the visits which took place after the submission of the High Commissioner's report to the Commission on Human Rights at its fifty- first session is contained in the report. (The High Commissioner also visited the Holy See and Italy in October.)

The High Commissioner continues to respond with comprehensive action to the aftermath of the tragic human rights violations in Rwanda, the report states. The human rights field operation supports the work of the Special Rapporteur in the fulfilment of his mandate and works in close cooperation with the International Tribunal for Rwanda with respect to investigations on genocide. Currently, some 115 personnel are deployed throughout Rwanda. The European Commission has supported the operation by providing 31 human rights officers who have acted as an integral part of the operation.

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The report states that in the light of the request of the Government for assistance, following the establishment of the federation of Bosnia and Herzegovina and the terms of the December 1994 agreements on cease-fire and cessation of hostilities, the High Commissioner, after consultation with the Secretary-General and his Special Representative, took the initiative of convening a meeting on 3 February of this year to develop, in close cooperation with other United Nations bodies operating in Bosnia and Herzegovina, a coordinated and more effective response to human rights requirements in the country. On 1 June, the High Commissioner appointed a representative responsible for coordination of the United Nations activities relating to human rights in the countries established on the territory of the former Yugoslavia. Human rights training has been provided by the Centre for Human Rights to United Nations Protection Force (UNPROFOR) personnel. On the basis of the Agreement of 6 August between the Government of Croatia and the United Nations Peace Forces - The United Nations Confidence Restoration Operation in Croatia (UNCRO) -- human rights officers from the Centre for Human Rights have headed the human rights action teams deployed in Krajina.

According to the High Commissioner's report, in the light of the recent peace negotiations concerning Bosnia and Herzegovina, human rights constituted a pillar of the reconstruction effort and should become a building block of the foundations of the new social structures that would emerge from the conflict in the former Yugoslavia. The High Commissioner also declared his willingness to cooperate closely within the framework of the human rights component of the future peace agreement with regional organizations. He is ready to contribute in the areas of coordination, monitoring, confidence- building and technical cooperation for the establishment or strengthening of the judiciary and of national institutions for the respect of human rights and the rule of law.

Also, he would provide support for human rights education programmes and community development activities, as well as human rights training to the staff of the military and civilian component of a peace operation. Following the appointment of the new Special Rapporteur, the High Commissioner decided to increase the human rights staff presence in Zagreb, Mostar, Sarajevo and Skopje. That will ensure greater capacity for human rights protection at a crucial stage of the political negotiations. In addition, a dialogue with the Government of the Federal Republic of Yugoslavia (Serbia and Montenegro) has been initiated to establish a continuous human rights presence throughout the entire territory of the Republic.

Concerning the general human rights area, technical cooperation programme assistance aims include: preparation and implementation of national plans of action; constitutional reforms and review of legislation in line with international rights standards; and development of national structures which have a direct impact on the overall observance of human rights. The technical

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cooperation programme currently includes 41 ongoing projects and 17 pipeline projects in different regions of the world.

Creating a universal culture of human rights is an essential element in a long-term strategy to ensure respect for human rights, the report states. It is vital for the encouragement of harmonious intercommunity relations, for mutual tolerance and understanding and, finally, for peace. Following the recommendation of the World Conference, the General Assembly, in its resolution 49/184 of 23 December 1994, proclaimed the United Nations Decade for Human Rights Education, 1995-2004; and the Decade should promote and streamline the relevant activities of the international community. The Assembly requested the High Commissioner for Human Rights to coordinate the implementation of the Plan of Action for the Decade.

High priority is attached in the United Nations human rights programme to the equal status and human rights of women, whose integration into the mainstream of United Nations system-wide activities was called for by the World Conference on Human Rights [Vienna, June 1993], the report continues. The Platform for Action adopted at the Beijing Conference [September 1995] reaffirmed the fundamental value of women's rights. In stressing the need for equal status and protection of women, it contributes significantly to the United Nations human rights programme.

International and internal conflicts, grave human rights violations -- including discrimination and mass expulsions -- famine and economic disasters are sources of a rapidly growing number of internally displaced persons and refugees worldwide, the report indicates. A lasting solution to those phenomena can be achieved only through the elimination of their causes, which often consist in the violation of human rights. In 1994, a joint work programme was signed between the Centre for Human Rights and the United Nations Children's Fund (UNICEF), and this year memoranda of understanding were signed with the United Nations Educational, Scientific and Cultural Organization (UNESCO) and with the United Nations Volunteers (UNV) programme. The High Commissioner is assisted by the Centre for Human Rights in his responsibilities of coordination within the United Nations system. A system of continuous intra-institutional consultations and exchange of information at the working level is being established within the Centre to prepare substantive input in selected areas -- for example, development, children and education.

According to the report, the treaty bodies, based on six human rights conventions, have become effective structures monitoring the compliance by States with the human rights obligations resulting from those treaties. However, the treaty bodies are confronted with serious problems relating to overdue reports and to a backlog in the consideration of reports. Subsidiary procedures, developed by some treaty bodies, as well as additional sessions could be helpful in coping with those problems.

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The World Conference on Human Rights expressed its concern about the growing disparity between the United Nations human rights activities and the resources available to carry them out, the report continues. The increase of the share of the human rights programme in the overall proposed United Nations programme budget to about 1.8 per cent is an important step to address this issue. However, the disparity is growing and the continuous increase of the workload of the Centre for Human Rights is placing ever greater demands on its resources.

Since its adoption in June 1993 the Vienna Declaration and Programme of Action has acquired practical strength and effectiveness through continuously increasing international cooperation. The organs of the United Nations system now place their human rights activities well within the perspective of the Vienna Declaration and have resolved on specific actions to achieve its objectives. Nationally and internationally, non-governmental organizations have been inspired by the Declaration and many of them report adopting new methods and initiating new activities to achieve its objectives.

Also, the Vienna instruments provide the foundation for the High Commissioner's activities. Its strong reference to international cooperation guides the High Commissioner's approach to the human rights matters. Prevention has become central to international human rights preoccupation as the international community sees years of development efforts destroyed overnight by outbreaks of serious violations and the generation of refugees, internally displaced persons and mass exoduses. Under the impact of the World Conference results and the mandate entrusted to the High Commissioner, the Organization's human rights programme is undergoing a profound transformation at both the substantive and organizational levels, the report says. Future-oriented decisions adopted by that Conference require a continuous adaptation of the programme to current and emerging needs.

The interlinkage of human rights, democracy and development, proclaimed and the action programme set out at Vienna requires a comprehensive approach to promoting and protecting human rights, the report reaffirms. The High Commissioner has adopted this approach in relation to governments and in his coordinating activities within the United Nations system. The human rights question must permeate the activities of all international agencies so that each, within its own mandate, can make its own contribution to the common objective. That is especially true of the right to development and economic, social and cultural rights. The High Commissioner does not seek to replace existing organs, bodies or procedures, but to strengthen them and better coordinate their activities.

Other Reports

The Third Committee will have before it the report of the Human Rights Committee (document A/50/40). It states that as at 28 July, the closing date

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of its fifty-fourth session (Geneva, 3-28 July), 131 States had ratified or acceded or said they would accede to the International Covenant on Civil and Political Rights and 94 States had ratified or acceded or said they would accede to the Optional Protocol to the Covenant. Both instruments were adopted by the General Assembly in resolution 2200 A (XXI) of 16 December 1966 and opened for signature and ratification in New York on 19 December 1966.

The Second Optional Protocol, aimed at the abolition of the death penalty, was adopted and opened for signature, ratification or accession by the General Assembly in resolution 44/128 of 15 December 1989, and entered into force on 11 July 1991, that report states. As at 28 July, the report continues, there were 28 States parties to the Second Optional Protocol. A list of States parties to the Covenant and to the Optional Protocols is contained in annex I of the report.

Since April 1991, the report says, and in the light of recent or current events indicating that the enjoyment of human rights protected under the Covenant has been seriously affected in certain States parties, the Committee has resorted to requesting the States parties concerned to submit urgently reports on the situation (generally within three months). Such decisions have been taken regarding, in chronological order [in parenthesis, dates of their most recent reports], Iraq (11 April 1991), the Federal Republic of Yugoslavia (4 November 1991), Peru (10 April 1992), Bosnia and Herzegovina, Croatia and the Federal Republic of Yugoslavia (Serbia and Montenegro) (6 October 1992), Angola, Burundi (29 October 1993), Haiti and Rwanda (27 October 1994).

The situation regarding overdue reports has grown worse over the years, seriously jeopardizing the attainment of the Covenant's objectives and hampering the ability of the Committee to monitor the implementation of the Covenant in the States parties concerned. The report goes on to say that as at 28 July, a total of 106 reports (27 initial, 21 second periodic, 37 third periodic and 21 fourth periodic reports), involving a total of 85 States parties, were outstanding. In view of the foregoing, the Committee decided at its fifty-second session that in future States parties that had not replied favourably to a special request or to a decision by the Committee and whose reports were overdue by five years or more should be sent an energetically worded note verbale requesting them to submit their reports as soon as possible. Such notes verbales were sent for the first time on 12 December 1994.

The report of the Committee against Torture -- the monitoring body of the anti-torture Convention -- on its thirteenth and fourteenth sessions (document A/50/44), will also be before the Committee. It states that as at 5 May there were 88 States parties to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. A list of States that have signed, ratified or acceded to the Convention is contained in annex I to the report.

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During those two sessions of the Committee (Geneva, 7-18 November 1994 and 24 April to 5 May 1995), it considered initial reports submitted by eight States parties and second periodic reports from four States parties, under article 19, paragraph 1, of the Convention. At its thirteenth session, the report continues, the Committee considered the reports from the following: Chile, Peru, Monaco, Czech Republic, Mauritius, Libya, Morocco and Liechtenstein. The Committee agreed, at the request of the Government concerned, to postpone the consideration of the initial report of Mauritius. Subsequently, the Government of Mauritius submitted a new version of the report.

At its fourteenth session, the report continues, the Committee had before it the following reports: Netherlands, Italy, Guatemala, Jordan and Mauritius.

Also before the Committee is the report on the United Nations Voluntary Fund for Victims of Torture (document A/50/512). It was created by General Assembly resolution 36/151 of 16 December 1981 and redefined the mandate of the United Nations Trust Fund for Chile, which had been established by General Assembly resolution 33/174 of 20 December 1978, to encompass all victims of torture worldwide. In accordance with arrangements adopted by the Assembly in 1981 (resolution 36/151), the Secretary-General reports to the Assembly on an annual basis on the management of the United Nations Voluntary Fund for Victims of Torture, indicating funds available, pledges and contributions received as well as disbursements from the Fund. The Fund provides financing to humanitarian organizations which submit projects involving medical, psychological, social or legal assistance to the victims of torture and their relatives.

The Fund receives contributions from governments, non-governmental organizations and private individuals, the report states. In order to respond to requests for financing for assistance to torture victims, contributions must be paid before May, when the Board meeting is held. Any contribution made after the meeting is carried over to the following year. During its fourteenth session, which ended on 24 May, the Board assessed the implementation of the projects subsidized by the Fund and heard 11 persons responsible for 37 of them. This year, 104 projects were recommended to the Secretary-General, for a total amount of $2.7 million. However, with requests for assistance totalling $5.7 million, not more than half of the required amounts could be granted in 1995. Although, for the second time since 1994, the United States contributed $1.5 million to the Fund, the Board of Trustees had $1 million less at its disposal this year. No later than last February, only $1.5 million were available for new grants to be recommended by the Board at its annual session in May.

Therefore, in its resolution 1995/37, the report goes on, the Commission on Human Rights appealed to governments, organizations and individuals to

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contribute to the Fund, if possible, on a regular basis and annually before the Board of Trustees' session. The positive replies of a number of governments have helped improve the financial situation of the Fund. Those are the Governments of the following countries: Argentina, Austria, Chile, Czech Republic, Denmark, France, Germany, Greece, Iceland, Monaco, New Zealand, Norway and the United Kingdom.

The report before the Committee on the Status of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families follows General Assembly resolution 45/158 of 18 December 1990, which called upon all Member States to consider signing and ratifying or acceding to that Convention as a matter of priority (document A/50/469). As at 31 August, the Convention had been ratified by Morocco and the Philippines, acceded to by Egypt, Colombia and Seychelles, and signed by Chile and Mexico.

Also before the Committee is the Secretary-General's report on the Status of the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights and the Optional Protocols to the International Covenant on Civil and Political Rights (document A/50/472). It stems from General Assembly resolution 2200 A (XXI) of 16 December 1966 when it adopted and opened for signature, ratification or accession those Covenants. In its resolution 48/119 of 20 December 1993, the General Assembly again urged all States to become parties to both Covenants, as well as to consider acceding to the Optional Protocols to the International Covenant on Civil and Political Rights.

According to the present document, as at 1 September, the International Covenant on Economic, Social and Cultural Rights had been ratified or acceded to by 132 States, the International Covenant on Civil and Political Rights by 130 States and the First Optional Protocol to the International Covenant on Civil and Political Rights by 84 States. The list of States that have ratified or acceded to the Covenants and the Optional Protocol, together with the dates of ratifications or accession and entry into force, appear in annexes I to III of the present report.

By its resolution 44/128 of 15 December 1989, the Assembly adopted and opened for signature, ratification and accession the Second Optional Protocol to the International Covenant on Civil and Political Rights, aimed at the abolition of the death penalty, and called upon all governments in a position to do so to consider signing and ratifying or acceding to the Second Optional Protocol. As at 1 September 1995, the report continues, the Second Optional Protocol had been ratified or acceded to by 28 States. In addition, it had been signed by another six States. The list of States that have ratified or acceded to the Second Optional Protocol, together with the dates of ratification or accession and entry into force, is contained in annex IV to the report.

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Also before the Committee is a note by the Secretary-General transmitting the report of the sixth meeting of persons chairing the human rights treaty bodies (document A/50/505). That meeting (Geneva 18-22 September) was convened by the Secretary-General in accordance with General Assembly resolution 49/178. The chairmen reiterated the importance of action being taken by relevant United Nations bodies to assist States, through the provision of technical assistance, in carrying out recommendations of treaty bodies. The chairmen recommend that the High Commissioner and the Centre pay increased attention to proposals in the advisory services and technical assistance programmes of the Centre.

To improve the coordination and effectiveness of United Nations human rights activities, the report says the chairmen recommend that all programmes of human rights technical assistance be planned and implemented with the full cooperation and collaboration of all relevant parties, especially those which benefit from a presence in the country concerned. The chairmen, for their part, will ensure that the treaty bodies will consult widely in considering recommendations for technical assistance to States parties.

Another report of the Secretary-General before the Committee (document A/50/495) concerns respect for the principles of national sovereignty and non- interference in the internal affairs of States in their electoral processes. It contains a summary of action taken by the Commission on Human Rights at its fifty-first session following General Assembly resolution 49/180 of 23 December 1994 which reaffirmed that it was the concern solely of peoples to determine methods to establish institutions for the electoral process as well as ways for its implementation.

It stated that no specific action was taken by the Human Rights Commission at that session to review the fundamental factors negatively affecting observance of the principles of national sovereignty and non-interference in the internal affairs of States in their electoral processes. In a number of resolutions, however, reference was made to the issue of elections in the context of guaranteeing the free expression of the will of peoples and ensuring respect for national sovereignty and non- interference in the internal affairs of the States concerned. Among the resolutions are those on the question of Western Sahara, violations of human rights in southern Africa, monitoring and assisting the transition to democracy in South Africa, and on the situation of human rights in Togo, Zaire, Haiti, Myanmar and Afghanistan, respectively.

Also before the Committee was a report of the Secretary-General on effective promotion of the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities (document A/50/514) submitted in connection with Assembly resolution 49/192 of 23 December 1994, which urged States and the international community to promote and protect the rights of persons belonging to those minorities. The resolution also urged

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States to take all the necessary constitutional, legislative, administrative and other measures to promote and give effect to the principles contained in the Declaration.

In the report, the Secretary-General said that following his communication dated 5 April 1995, requesting that comments be submitted to the Centre for Human Rights by 4 July, replies were, as of 25 August, received from Argentina, Cyprus, the Czech Republic, Denmark, Dominica, Germany, Lao People's Democratic Republic, Maldives, Mauritius, Morocco, Russian Federation, Saint Lucia, Saudi Arabia, Spain and Ukraine as well as from relevant organs, bodies and special rapporteurs of the United Nations giving due regard to the Declaration in the execution of their mandates.

The United Nations High Commissioner for Human Rights also submitted information on his minority-protection activities, and replies were received from UNESCO, the Council of Europe, Caritas Internationalis and the World Muslim Congress.

The report then went on to review action by the responding States and bodies, covering the protection of minorities, their right to enjoy their culture and to practice and profess their religion, use their own language, participate effectively in cultural, religious, social, economic and public life, and in decisions at the national level; and establish and maintain their own associations. It also covered equality before the law. It also reviews the activities of the concerned United Nations bodies, with due regard to the Declaration in executing their mandates.

The report states, however, that in view of the small number of replies received and the lack of substantive information in those replies, it was difficult to arrive at conclusions that accurately represented the measures taken by the international community as a whole to give effect to the Declaration. The replies focused mainly on the constitutional and legislative provisions protecting and promoting the rights of persons belonging to minorities, with many governments listing relevant legislation at length. A more useful approach, the report said, was for the governments to submit substantive information on actual measures taken to protect minorities, including any affirmative action to give effect to the Declaration.

The report recommended that the issues and related proposals made at the Commission on Human Rights and the Subcommission on Prevention of Discrimination and Protection of Minorities be considered as conducive to furthering specific measures to be taken by the relevant United Nations bodies and organizations and by governments themselves, aimed at the promotion of the Declaration.

The role of the High Commissioner is especially important in developing networks of cooperation with international and regional bodies on the issue of

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minority protection, it added. He would continue to pay particular attention, in his ongoing dialogue with governments, to issues involving minorities and would pursue the task entrusted to him to provide, through the Centre for Human Rights and other appropriate institutions, programmes of technical assistance and advisory services. He would also promote activities to inform and educate on issues concerning minorities. The UNESCO recommended, in particular, that the ongoing dialogue between minorities and governments be encouraged.

The information provided by special rapporteurs, the report continued, illustrated the vulnerability of minority groups and the urgent need for every United Nations body to focus its attention on the treatment accorded to those groups within the framework of its respective mandate. Coordination of the activities of the United Nations system should be further encouraged and properly financed as recommended to the Secretary-General by the World Conference on Human Rights in Vienna.

The report stated that, on a regional basis, the Council of Europe's activities ideally complemented those of the United Nations in minority protection. It proposed that such arrangements be adopted by other regional organizations as they could provide a more appropriate regional focus to the solution of minority problems.

The Committee also had before it a report of the Secretary-General on strengthening of the rule of law (document A/50/653) by which he recalled that the General Assembly, in its resolution 49/194, noted with interest the proposals in his report for strengthening the programme of advisory services and technical assistance of the Centre for Human Rights in order to comply fully with the recommendations of the World Conference on Human Rights on assistance to States in strengthening their institutions for the rule of law. The Assembly had also expressed deep concern at the scarcity of means at the Centre's disposal, and requested the Secretary-General to explore the possibilities of obtaining assistance from all relevant institutions of the United Nations system. Subsequently, the Commission on Human Rights, at its fifty-first session in March, asked the Secretary-General to submit a report to it on means available within the United Nations system to strengthen the Centre's capacity for assistance to States in strengthening the rule of law.

In his report, the Secretary-General states that the Centre's programme of advisory services and technical assistance was the most appropriate and well-suited mechanism for support to national efforts to strengthen the rule of law and recommends that to enhance its capacity to comply fully with the World Conference's recommendations, there should be substantially increased project funding; an increase in the staffing levels; the identification and securing of funds for financial assistance to States for strengthening the rule of law; continued substantive programme development; and enhanced system-wide coordination through the High Commissioner for Human Rights.

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In spite of a dramatic increase in requests for assistance under the programme, the report notes, the resources available for its implementation remain inadequate. Member States must be encouraged to increase their contributions to the Voluntary Fund for Technical Cooperation in the Field of Human Rights, and there must be an increase in the number of posts and in the regular budget allocation for the advisory services programme if the programme is to respond effectively to the demands placed upon it.

Actions initiated this year to encourage the international community to support the programme included the appointment of a coordinator for the Voluntary Fund. In addition, the report says, the High Commissioner for Human Rights, by a letter dated 28 August addressed to all relevant United Nations agencies and financial institutions, sought to explore possibilities for obtaining from them technical and financial assistance for supporting the Organization's efforts to promote human rights and the rule of law. Replies are still pending.

The report further stated that the High Commissioner, with the assistance of the Centre, remained the focal point for coordinating system-wide action within the United Nations for human rights, democracy and the rule of law and recommended that that role should be enhanced to ensure that all such activities are based upon universal human rights. The High Commissioner has initiated consultations to enhance inter-agency coordination and cooperation in providing assistance for strengthening the rule of law.

The report also calls for additional funding to address capital assistance needs for human rights and the rule of law and recommends that consideration be given to ways to make available capital support to States as a complement to the Centre's technical cooperation programme. It also recommends that additional resources be made available so that plans for the development of the remaining components of the programme might be implemented.

In his report on the Strengthening of the Centre for Human Rights of the Secretariat (document A/50/678), the Secretary-General noted that in his report to the forty-ninth session of the General Assembly (A/C.5/49/53) he requested an appropriation of $4,473,000 under section 21 of the programme budget for 1994-1995, representing the level of resources for which commitment authority had initially been extended in respect of the Office of the High Commissioner for Human Rights, the implementation of the Vienna Declaration and Programme of Action and the continued human rights presence in Cambodia.

The Assembly decided to appropriate, on an exceptional basis, $4,473,000 on the understanding that the posts requested by the Secretary-General in his report on the Human Rights High Commissioner's Office, the Centre for Human Rights and the human rights office in Cambodia were approved on a temporary basis, and that all posts shall be subject to a detailed review by the

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Advisory Committee and the Assembly at the earliest opportunity at the resumed forty-ninth session.

The Secretary-General went on to say that in his proposed programme budget for the biennium 1996-1997 he requested the establishment of a new P-5 post to strengthen the administrative function of the Centre for Human Rights; a new P-3 post to assist the High Commissioner; the conversion of the 21 temporary regular budget posts approved for 1994-1995 to the category of established regular budget posts (including the Under-Secretary-General post of the High Commissioner, four Professional and four General Service posts for the High Commissioner's Office, two Professional and two General Service posts for the implementation of the Vienna Declaration and Programme of Action and eight Professional posts for the Cambodia field office); and the redeployment and downgrading of a D-2 post from Executive Direction and Management to the D-1 level to head the International Instruments Branch of the Centre for Human Rights.

The Advisory Committee on Administrative and Budgetary Questions (ACABQ), which considered the proposed programme budget in August, concluded that with the exception of the Under-Secretary-General post of the High Commissioner, one P-5 and two General Service posts in the Office of the High Commissioner, the decision to convert the remaining 17 temporary posts into established posts should be deferred until the restructuring of the Centre's programme of work and the identification of priorities was completed. The Committee did not agree with the establishment of the new P-3 post in the Office of the High Commissioner, but recommended the establishment of the new P-5 post to discharge all the functions of an administrative executive officer of the Centre.

A note by the Secretary-General on geographical composition and functions of the staff of the Centre for Human Rights (document A/50/682) details the current geographical distribution of the Professional posts of the Centre. The note shows that the United States, with seven posts, accounts for the highest number of posts, followed by Italy with five and France and Spain with four posts each.

In his report on human rights and terrorism (document A/50/685), submitted in the context of General Assembly resolution 49/185 of 23 December 1994 which requested the Secretary-General to seek the views of Member States on the possible establishment of a United Nations voluntary fund for victims of terrorism, the Secretary-General said that he addressed a note verbale dated 3 May 1995, to Member States on the subject.

As Member States did not respond to the resolution by expressing their views on the possible establishment of such a voluntary fund, he sent an additional note verbale on 6 September specifically requesting that governments communicate their views with respect to the fund by 10 October.

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Subsequently, replies were received from Ethiopia, France, Greece, Iraq, Japan, Lebanon, Sweden and Syria. The report reproduced a summary of the replies.

A note by the Secretary-General on the right to development (document A/50/729), submitted in the context of General Assembly resolution 49/183 of 23 December 1994, draws the attention of the Assembly to the reports of the Working Group on the Right to Development on its first, second, third, fourth and fifth sessions. It also draws attention to the report of the Secretary- General prepared in accordance with the Commission on Human Rights resolution 1994/11.

Also before the Committee is a report of the Secretary-General on human rights and mass exoduses (document A/50/566) submitted in the context of General Assembly resolution 48/139 of 20 December 1993 which requested all governments to ensure the effective implementation of the international instruments that would contribute to averting new massive flows of refugees and displaced persons. The resolution also asked the Secretary-General, in the further development of the Secretariat's capacity for early warning and preventive diplomacy, to pay particular attention to international cooperation to avert new refugee flows.

The report reviews recommendations contained in the final report of the Group of Governmental Experts on International Cooperation to Avert New Flows of Refugees. Those include a reminder to States of their responsibilities under the Charter to refrain from policies that generally lead to massive flows of refugees, as well as their responsibility to take appropriate measures to avert new flows of refugees caused by natural disasters. Whenever new massive flows of refugees occur, the Group recommends that States respect the existing generally recognized norms and principles of international law governing the obligations of States and refugees directly concerned. And it also recommends that the Assembly encourage the Secretary-General to give continuing attention to the issue of averting new massive flows of refugees.

The report reviews the activities of the Department of Humanitarian Affairs (DHA) as the focal point in launching and coordinating the periodic inter-agency consultations on early warning of new flows of refugees and displaced persons. It states that during 1994 the Department continued to convene and chair consultations on early warning of new such flows, with seven sessions held at Geneva in 1994. Each consultation gave priority to the review of new cases and selection of urgent early warning situations, but also addressed methodological issues in order to advance the development of the early warning model suitable for the detection of new mass flows.

The report adds that after a review of its work in the first two years, the Group of Governmental Experts unanimously recommended in January of this year that the early warning consultations as presently defined should be

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maintained. It states that during 1994 and 1995 the DHA accelerated its work on the humanitarian early warning system, and the project is now fully operational and able to generate data on more than 100 countries. It also states that the Representative of the Secretary-General on internally displaced persons had been directly involved in the ongoing work of the Inter-Agency Working Group Task Force on Internally Displaced Persons and has expressed his availability and interest in also participating in the Administrative Committee on Coordination Working Group on Early Warning Regarding New Flows of Refugees and Displaced Persons.

The report states further that the High Commissioner for Human Rights has particularly emphasized early warning and other activities aimed at preventing human rights violations throughout the world, including timely and intensive dialogue with individual governments. Those activities include the establishment of the United Nations human rights office in Burundi on 15 June 1994. Also, by attempting to ensure that basic human rights are not violated at any stage of return, resettlement and reintegration of the Rwandan refugees and internally displaced persons through the human rights field operation in Rwanda, the High Commissioner, in close cooperation with the United Nations High Commissioner for Refugees (UNHCR), tries both to alleviate the consequences of the massive exodus that occurred in Rwanda in 1994 and to mitigate further displacement caused by human rights violations.

The report goes on to say that the Centre for Human Rights was undertaking various early warning activities including projects relating to country-specific data collection for early warning purposes. Also, human rights implementation mechanisms have undertaken numerous preventive measures in the context of their respective mandates, including the issuance of urgent appeals to governments based on information from a variety of intergovernmental and non-governmental sources.

Early warning remained an important item on the agenda at the sixth meeting of the chairmen of the six human rights treaty bodies, held in September, the report says. That meeting recommended the institutionalization of meetings with the Secretary-General on an annual basis and the use of the expertise of members of the treaty-monitoring bodies for fact-finding missions of the Secretary-General; and it emphasized the importance of human rights education as a preventive strategy. The chairmen reiterated that human rights concerns should be integrated into all parts of the United Nations system.

The Committee will also have before it a note by the Secretary-General (document A/50/698) transmitting the report of the United Nations High Commissioner for Human Rights on the implementation of the Plan of Action for the United Nations Decade for Human Rights Education, submitted in accordance with General Assembly resolution 49/184 of 23 December 1994.

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In the report, the High Commissioner reviews the actions taken in the implementation of the Plan of Action submitted to the General Assembly at its forty-ninth session, following consultations with the Commission on Human Rights, Member States, human rights treaty bodies, the specialized agencies, other appropriate bodies, and competent non-governmental organizations which had been carried out by the Centre for Human Rights. It also states that a pamphlet containing the Plan of Action and succinct background information has been prepared for wide distribution and, that the High Commissioner, during his visits to countries, emphasizes the importance of human rights education and encourages national initiatives within the framework of the Plan of Action.

Also, to generate support for the Decade for Human Rights Education at the highest levels, the High Commissioner addressed letters to the heads of State or government of United Nations Member and observer States, in which he stated his belief, the report notes, that an investment today in human rights education would be repaid many times in the future in stronger, more prosperous and peaceful societies.

The report reviews information on current activities by States, the Secretariat, human rights treaty bodies, specialized agencies and non- governmental organizations. It also reviews activities that are planned, including the decision by Costa Rica to organize an international consultation to consider the relevance of educational theories and practices to human rights education. The High Commissioner, with the assistance of the Centre for Human Rights, is also preparing, in cooperation with UNESCO, a preliminary survey on human rights education programmes, initiatives and materials existing at the international, regional and national levels. Also, the High Commissioner and the Centre for Human Rights, in cooperation with UNESCO and the Department of Public Information (DPI), plan to conduct a global survey of existing versions of the Declaration in printed, pictorial, audiovisual and other formats. On the basis of this survey, a plan for the development of further material will go forward.

Other activities stated in the report include a plan by the High Commissioner and the Centre for Human Rights, with the cooperation of DPI, to establish a media advisory board for public information and education on human rights which will develop a mass media campaign to publicize human rights standards and mechanisms. The Plan of Action focuses its activities on the national and local levels but foresees an international role of promotion, coordination and support, in particular by the High Commissioner and the Centre. That would require resources. Further, resources will have to be made available to support national initiatives through the programme of advisory services and technical cooperation in the human rights field.

The Committee is expected to hear from some of the special representatives/rapporteurs of the Commission on Human Rights who will be

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presenting their reports to it. Invitations have been extended to the Special Rapporteur on All Forms of Religious Intolerance, Abdel Fattah Amor; the Special Rapporteur on the Human Rights Situation in Bosnia and Herzegovina, Croatia, the Federal Republic of Yugoslavia (Serbia and Montenegro) and the former Yugoslav Republic of Macedonia, Elisabeth Rehn; the Special Representative of the Secretary-General on Cambodia, Michael Kirby; the Special Rapporteur on the Situation of Human Rights in Rwanda, Rene Degni- Segui; and the Special Rapporteur on the Situation of Human Rights in Myanmar, Yozo Yokota.

Also invited are the Representative of the Secretary-General on Internally Displaced Persons, Francis M. Deng; the Special Rapporteur on the Situation on Human Rights in Iraq, Max van der Stoel; the Special Rapporteur on the Situation of Human Rights in Cuba, Carl Johan Groth; the Special Rapporteur on the Situation of Human Rights in Afghanistan, Choong-Hyun Paik; the Special Rapporteur on the Situation of Human Rights in the Sudan, Gaspar Biro; the Independent Expert of the Secretary-General on Haiti, Adama Dieng; and the Special Representative on the Situation of Human Rights in Iran, Maurice Copithorne.

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