GA/SHC/3334

ALLOCATION OF ADEQUATE RESOURCES FOR HUMAN RIGHTS MECHANISMS CALLED FOR IN THIRD COMMITTEE

27 November 1995


Press Release
GA/SHC/3334


ALLOCATION OF ADEQUATE RESOURCES FOR HUMAN RIGHTS MECHANISMS CALLED FOR IN THIRD COMMITTEE

19951127

Speakers called for the allocation of adequate financial and human resources to United Nations human rights treaty bodies, as the Third Committee (Social, Humanitarian and Cultural), continued its consideration of human rights questions, this afternoon.

Stating that treaty bodies needed to take all appropriate measures in response to situations of gross and massive violations of human rights, the representative of Hungary said necessary budgetary resources should be provided for adequate servicing of United Nations human rights machinery.

The representative of Indonesia called for the strengthening of the Centre for Human Rights so that it could fulfil its advisory services as well as technical assistance. Noting the great increase in international human rights activities, he expressed regret that the financial and human resources of the Centre had not changed since 1985.

Also this afternoon, the Committee heard the introduction of five draft resolutions on the advancement of women. By the terms of one draft, the Assembly would decide that a proposed merger of the International Research and Training Institute for the Advancement of Women (INSTRAW) and the United Nations Development Fund for Women (UNIFEM) should not proceed. It would concur with the recommendations of the Fourth World Conference on Women on the mandates and futures roles of those bodies, believing that the distinction between them should be maintained.

Under the terms of another draft also introduced this afternoon, the Assembly would stress the importance of making INSTRAW's research findings available for policy purposes and for operational activities. By the terms of a third draft, the Assembly would call on the Secretary-General to ensure urgent implementation of the plan of action for improving the status of women in the Secretariat.

A fourth text introduced this afternoon would have the Assembly urge concerned Governments to support comprehensive, practical approaches by the

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international community to assist women and children victims of transnational trafficking to return home and reintegrate into their home societies. By the terms of another text, the Assembly would call upon Member States to adopt measures for the effective implementation of the Declaration on the Elimination of Violence against Women, including applying them to women migrant workers.

Statements on human rights questions were also made by the representative of Ecuador and by the Observer of the Holy See.

The representatives of Germany, Sudan, Kenya, Nigeria, Saudi Arabia and Iraq made statements in exercise of the right of reply.

The Committee will meet again at 10 a.m. tomorrow, 28 November, to continue its consideration of human rights questions.

Committee Work Programme

The Third Committee (Social, Humanitarian and Cultural) met this afternoon to continue its consideration of human rights questions, including the implementation of human rights instruments and alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms. The Committee will also examine human rights situations and report of the special rapporteurs and representatives. In addition, it will have a report of the Secretary-General on the comprehensive implementation of and follow-up to the Vienna Declaration and Programme of Action.

Under its sub-item on the implementation of human rights instruments, the Committee has before it the report on the Human Rights Committee (document A/50/40); the report of the Committee against Torture (document A/50/44); the report on the United Nations Voluntary Fund for Victims of Torture (document A/50/512); the Secretary-General's report on the status of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (document A/50/469); and the report on the status of the International Covenant on Economic, Social and Cultural Rights, and its Optional Protocols (document A/50/472). (For background, see Press Release GA/SHC/3331 of 24 November.)

Under its sub-item on human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, the Committee has before it the following reports of the Secretary-General: respect for the principles of national sovereignty and non-interference in the internal affairs of States in their electoral processes (document A/50/495); effective promotion of the Declaration on the Rights of Persons belonging to National or Ethnic, Religious and Linguistic Minorities (document A/50/514); human rights and mass exodus (document A/50/566); human rights and terrorism (document A/50/685); assistance to States in strengthening the rule of law (document A/50/653); strengthening of the Centre for Human Rights (document A/50/678); geographical composition and function of the staff of the Centre for Human Rights (document A/50/682); as well as a report of the United Nations High Commissioner for Human Rights on the plan of action for the United Nations Decade for Human Rights Education (document A/50/698). (For background, see Press Release GA/SHC/3331 of 24 November.)

Under its sub-item on human rights situations and reports of special rapporteurs and representatives, the Committee has before it a note by the Secretary-General transmitting the interim report prepared by the Special Rapporteur on the situation of human rights in Myanmar (document A/50/568); a note by the Secretary-General transmitting the interim report of the Special Rapporteur on the situation of human rights in the Sudan (document A/50/569); and a note by the Secretary-General transmitting the interim report of the

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Special Rapporteur on the situation of human rights in Cuba (document A/50/663). (For background, see Press Release GA/SHC/3331 of 27 November.)

The Committee also has before it a note by the Secretary-General transmitting the three reports by the Special Rapporteur on the situation of human rights in Rwanda (document A/50/709). Annex I of the document contains information on the Special Rapporteur's third visit to Rwanda from 14 to 25 October 1994. The purpose of that visit was to update, supplement and clarify the information contained in the first two reports published on 20 June 1994 (document E/CN.4/1995/7 and Corr.1) and on 12 August 1994 (document E/CN.4/1995/12) respectively. After that visit, the Special Rapporteur noted that problems of violations of property rights, personal safety and the right to life still existed. Furthermore, the number of refugee returns had slowed down and refugees were being taken hostage. He deplored the tendency to use the current insecurity in Rwanda as a pretext for suggesting that genocide was commonplace and for justifying inaction. Rapid action was required to avoid a second war and further massacres, he said.

The Special Rapporteur suggested that the United Nations should require the Rwandan Government to put an end to the serious violations of human rights which were being perpetrated in its territory. Those violations included searches, arrests, arbitrary detention, disappearances and summary executions. He also called for Governments of countries hosting Rwandan refugees to ensure that the voluntary repatriation of refugees is effectively assured and facilitated. Furthermore, he called for substantial assistance, particularly from the great Power and the African States.

Annex II of the report states that the first visit (9-20 June 1994) of the Special Rapporteur to Rwanda and neighbouring countries was intended to report on an urgent basis on the situation there. The second (28-31 July 1994) was intended to assess the situation in Rwanda following the victory of the Rwandese Patriotic Front (RPF) and to ensure that reprisals would not be inflicted on the Hutu. The third visit (16-25 October 1994) was intended to update, supplement and clarify the information contained in the first two reports. The report on the third visit was issued on 11 November 1994 (document E/CN.4/1995/70). Annex II also contains information on violations committed during and after the hostilities.

Annex III of the Rwanda report contains information on measures taken regarding the genocide inquiry, which included the deployment of observers and the progress achieved. It also deals with the monitoring of the human rights situation and the problem of the return of refugees. It further includes recommendations by the Special Rapporteur.

The Committee is also expected to hear the introduction of seven draft resolutions related to the advancement of women.

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Introduction of Draft Resolutions

MARIA LOURDES V. RAMIRO-LOPEZ (Philippines) introduced the draft resolution on the proposed merger of the International Research and Training Institute for the Advancement of Women (INSTRAW) and the United Nations Development Fund for Women (UNIFEM) (document A/C.3/50/L.21).

The draft would have the Assembly decide that a proposed merger of INSTRAW and UNIFEM should not proceed. It would concur with the recommendations of the Fourth World Conference on Women on the mandates and futures roles of those bodies, believing that the distinction between them should be maintained. It would endorse the view that the Institute has an important role to play in implementing the Beijing Platform for Action and that resources provided by the international community should be maintained at an adequate level.

By other terms of the text, the Assembly would reaffirm INSTRAW's statute. It would recommend that interaction between INSTRAW, UNIFEM, the Commission on the Status of Women, the Committee on the Elimination of Discrimination Against Women and the Division for the Advancement of Women of the Secretariat be reviewed and rationalized within the context of efforts to revitalize the Economic and Social Council.

The Assembly would also recommend that any proposal regarding the structure and mandate of United Nations bodies and dealing with the advancement of women must be considered as part of the general restructuring exercise of the United Nations. It would endorse the view that, as the vast majority of women and their most pressing problems were in the developing world, at least one United Nations women's unit should be based there.

The draft resolution is sponsored by the Philippines, on behalf of the "Group of 77" developing countries.

MARCO ANTONIO VIDAURRE (Bolivia) introduced the draft resolution on International Research and Training Institute for the Advancement of Women (INSTRAW) (document A/C.3/50/L.22). He said that Ghana, India, Indonesia and Malaysia, had joined Bolivia (for the Group of Latin American and Caribbean States), Kenya, Mongolia, Morocco and Turkey in sponsorship of the draft.

By that text, the Assembly would invite States and intergovernmental and non-governmental organizations to make voluntary contributions and pledges to the Trust Fund and to INSTRAW. It would restate the importance of maintaining the level of resources devoted to independent research and related training activities, which were crucial.

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By other terms of the text, the Assembly would stress the importance of making the Institute's research findings available for policy purposes and for operational activities. It would recommend that the Institute report to the Second Committee in order to improve the coordination of its programmes with other economic and social issues.

The Assembly would commend the Institute for its efforts to focus on barriers to improving women's equitable participation in sustainable development. It would commend INSTRAW's efforts to address poverty through research and training on the empowerment of women; statistical indicators; communications; natural resources and sustainable development; water, sanitation and waste management; renewable energy sources; and issues of specific types of population groups.

KATHRYIN WONG (Australia) introduced the draft resolution on the improvement of the status of women in the Secretariat (document A/C.3/50/L.23).

The Assembly would by that text reaffirm that the visible commitment of the Secretary-General was essential for fulfilling the plan of action for improving the status of women in the Secretariat. It would call on him to ensure urgent implementation of the plan, to achieve the goal of overall gender equality, particularly at the Professional level and above, by the year 2000. It would also call on him to fulfil his target of having women hold 50 per cent of managerial and decision-making positions by the year 2000.

By other terms of the text, the Assembly would welcome the Secretary- General's initiatives to date. It would urge him to continue his work on improving United Nations system practices, so as to remove direct or indirect discrimination, including against staff members with family responsibilities. That would be done through such measures as consideration of spouse employment job-sharing, flexible working hours, child-care arrangements and career-break schemes and improved access to training and career development.

The Assembly would urge the Secretary-General to ensure that the examination of sexual harassment in the workplace would lead to a comprehensive policy, including grievance mechanisms, to prevent and redress such harassment in the Secretariat. It would also urge him to increase the number of women employed in the Secretariat from developing countries and from countries having low representation of women, including countries in transition.

Within existing resources, the Secretary-General would be asked to enable the Focal Point for Women within the Secretariat to monitor and facilitate progress in implementing the strategic plan. He would also be

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asked to present a progress report on the status of women in the Secretariat to the Commission on the Status of Women and to the General Assembly at their next session.

The draft resolution is sponsored by Albania, Algeria, Andorra, Antigua and Barbuda, Argentina, Australia, Austria, Bangladesh, Belgium, Benin, Bhutan, Brazil, Burkina Faso, Canada, Costa Rica, Cote d'Ivoire, Cyprus, Denmark, Dominican Republic, Ethiopia, Fiji, Finland, Gambia, Germany, Honduras, Iceland, Ireland, Israel, Italy, Japan, Kenya, Laos, Liechtenstein, Malaysia, Marshall Islands, Moldova, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Netherlands, New Zealand, Nicaragua, Niger, Norway, Pakistan, Panama, Papua New Guinea, Poland, Portugal, Republic of Korea, Romania, Samoa, Singapore, Slovenia, Spain, Suriname, Sweden, Thailand, Togo, Trinidad and Tobago, Turkey, United States, Uruguay and Zambia.

The Bahamas, Guinea Bissau, Jamaica, Solomon Islands, Sudan, Swaziland, Indonesia, Ecuador, Guinea and Tunisia joined in sponsoring that draft.

MARIA LOURDES V. RAMIRO-LOPEZ (Philippines) introduced the draft resolution on traffic in Women and girls (document A/C.3/50/L.26). By the terms of that draft resolution, the General Assembly would invite Governments to combat trafficking in women and children through nationally and internationally coordinated measures, at the same time establishing or strengthening institutions for the protection of the victims of such trafficking, and to ensure for victims the necessary assistance, including legal support services that are linguistically and culturally accessible, towards their full protection, treatment and rehabilitation.

It would also have the Assembly invite Governments to consider the development of standard minimum rules for the humanitarian treatment of trafficked persons, consistent with internationally recognized human rights standards. In addition, it would urge concerned Governments to support comprehensive, practical approaches by the international community to assist women and children victims of transnational trafficking to return home and reintegrate into their home societies.

It would have the Assembly recommend that the United Nations High Commissioner for Human Rights include the trafficking in women and girls among his priority concerns. It would further recommend to the Centre for Human Rights of the Secretariat that it include the issue in its programme of work under its advisory, training and information services, with a view to providing assistance to Member Governments, upon their request, in instituting preventive measures against trafficking through education and appropriate information campaigns.

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Under the draft text, the General Assembly would invite relevant intergovernmental as well as non-governmental organizations to provide advisory services to Governments, upon their request, in planning and setting up rehabilitation programmes for victims of trafficking and in training personnel who will be directly involved in the implementation of these programmes. It would also decide to focus the International Day for the Abolition of Slavery, 2 December 1996, on the problem of trafficking in human persons, especially women and children, and to devote one meeting of the fifty-first session of the General Assembly to the discussion of this problem;

The draft resolution was sponsored by Argentina, Armenia, Bangladesh, Burkina Faso, Colombia, Costa Rica, Dominican Republic, Egypt, Guinea-Bissau, India, Israel, Malaysia, Mongolia, Pakistan, Panama, Philippines and Thailand.

The representative of the Philippines also introduced the draft resolution on violence against women migrant workers (document A/C.3/50/L.27). She announced that Egypt had joined the co-sponsors of the draft resolution.

By the terms of the draft text, the General Assembly would call upon Member States to adopt measures for the effective implementation of the Declaration on the Elimination of Violence against Women, including applying them to women migrant workers, as well as all relevant measures emanating from recent world conferences.

It would have the Assembly encourage Member States to enact and/or reinforce penal, civil, labour and administrative sanctions in domestic legislation to punish and redress the wrongs done to women and girls who are subjected to any form of violence, whether in the home, the workplace, the community or society. It would also encourage them to adopt and/or implement and periodically to review and analyse legislation to ensure its effectiveness in eliminating violence against women.

It would also have the Assembly encourage Member States to consider signing and ratifying or acceding to the International Convention on the Protection of the Rights of Migrant Workers and Members of Their Families, as well as the Slavery Convention of 1926. It would request that the issue of violence against women migrant workers be included in the agenda of the inter- agency meeting that precedes the regular session of the Commission on the Status of Women.

Under the terms of the draft text, the General Assembly would establish an expert group, including the Special Rapporteur of the Commission on Human Rights on violence against women and under the advisory service programme of the Division for the Advancement of Women of the Secretariat, to submit recommendations for improving coordination of the various efforts of United Nations agencies on the issue of violence against women migrant workers, and

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to develop concrete indicators as a basis for determining the situation of women migrant workers, for submission to the General Assembly at its fifty- first session, through the Economic and Social Council;

It would recommend to the United Nations High Commissioner for Human Rights, the Centre for Human Rights of the Secretariat and the Special Rapporteur, as well as all relevant bodies and programmes in the United Nations system, to include among the urgent issues in their respective agendas the issue of violence perpetrated against women migrant workers, and to submit reports thereon to the General Assembly. In addition, it would invite trade unions to support the realization of the rights of women migrant workers by assisting them in organizing themselves so as to enable them better to assert their rights.

The draft resolution was sponsored by Argentina, Armenia, Costa Rica, Dominican Republic, Guinea-Bissau, Nicaragua, Peru and the Philippines.

Statements

LUIS VALENCIA (Ecuador) said Governments needed to be urged to accept international mechanisms that ensured the respect for human rights. The delay in the submission of the reports by States parties was worrisome. The High Commissioner needed to study all problems relating to the compliance and decisions of human rights bodies. New procedures that improved the monitoring of such rights needed to be implemented.

The General Assembly must give the High Commissioner complete support to be able to conduct all his activities, he said. In addition, efforts to improve the coordination between all relevant human rights bodies needed to continue. Also, the work of the High Commissioner related to indigenous people needed to be supported. In addition, the High Commissioner needed to continue his dialogue with different countries in regards to torture.

AGNES HEVESI (Hungary) said that the Security Council should, in its deliberations and decisions, take full account of the obligation of the States concerned pursuant to the principal human rights treaties. Treaty bodies should take all appropriate measures in response to situations of gross and massive violations of human rights, including the possibility of bringing those violations to the attention of the High Commissioner for Human Rights as well as the Secretary-General and competent organs of the United Nations such as the Security Council. The Security Council should pay increased attention to serious, systematic and widespread violations of human rights which were important indicators of national, regional and international instabilities and possible threats to peace and security.

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Hungary shared the concern at the lack of adequate financial and human resources allocated to the treaty bodies, he continued. There should be provision of necessary budgetary resources for adequate servicing of those important pillars of the United Nations human rights machinery.

RENATO R. MARTINO, Observer for the Holy See, said that human rights were universal in that they applied to women and men and to people of every racial and ethnic background. Human rights were best ensured when persons were governed by democratic institutions and when they were able to participate in a viable economy.

He said that human rights issues could not be treated separately from those of the unjust, corrupt or authoritarian forms of governance under which they occurred. Violations that were fermented in desperation caused by poverty and other forms of economic injustice and social marginalization could also not be ignored. The international community had acknowledged that the right to development was itself a human right. While human rights abuses must be condemned, attention should be given to addressing those societal factors that contribute to human rights violations, such as the extent to which abusive regimes were improperly supported by members of the international community out of national self-interest or the extent to which a state or region was excluded from or disadvantaged in the global economy and related development structures.

He said that while all human rights must be respected, some rights needed to be given priority and greater deference, particularly when the recognition of one right implied limitations on the practice of another. That was particularly the case with the inherent and fundamental right to life, which should be given primordial significance.

SAODAH B.A. SYAHRUDDIN (Indonesia) said, increasingly, the international community had directed its attention to a more balanced approach to human rights. It included economic, social and cultural rights along with civil and political rights. It was imperative that the capacity of the Centre for Human Rights be strengthened. It needed to fulfil its tasks of providing advisory services and technical assistance, and also its coordinating role within the system. It was regrettable that the financial and human resources of the Centre had not changed since 1985.

Ultimately, it was action at the national level which prevailed and where efforts to promote and protect human rights needed to be improved. She expressed the hope that the United Nations would be capable of giving the necessary support to States to enhance their national mechanisms for the promotion and protection of human rights. A national plan of action on human rights was under way in her country. The protection of democracy as an expression of human rights was essential. However, "no State should be placed in a position where it must accept ideas that are inconsistent with its

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national values and with the interests of its society", she emphasized. In addition, the right to development was essential for the promotion and protection of human rights.

Statements in Right of Reply

The representative of Germany referred to a statement by Sudan in connection with a decision of the German Constitutional Court in the case of Sudanese nationals who had sought asylum in Germany. In the specific case concerned, the Court had to pronounce itself on the repatriation of the Sudanese national after their request for asylum failed. That decision did not constitute a divergence from the position in the report of the Special Rapporteur on the situation of human rights in Sudan. Germany's position on the situation of human rights in the Sudan had been stated in the statement by Spain on behalf of the European Union.

The representative of Sudan, responding to the statement by Spain on behalf of the European Union, said that the generalization contained in that statement was lifted from the report of the Special Rapporteur on the situation of human rights in the Sudan. Delegates should read the response prepared by Sudan on that report. Spain's allegations were based on unverified hearsay and were aimed at destroying the image of the Government of Sudan. All parts of Sudan were open to all who had an open mind. The achievement of peace and stability was at the top of the agenda of the Sudanese Government, but manipulation of the so-called opposition was the obstacle.

Also responding to the statement by Germany, the representative of Sudan said that the Court judgement referred to in his earlier statement had been taken from the text of that judgement. Those Sudanese concerned were now living in full enjoyment of their human rights in Sudan. The Court, in its judgement, had acknowledged that there was respect for human rights in Sudan.

The representative of Kenya said that in response to Spain's statement on behalf of the European Union on the persons sentenced in Kenya, those persons were tried in an open court and were found guilty for offences for which they were serving jail time. The convicts had the right of appeal. Planning a raid on a police station for the purpose of stealing arms did not come under human rights.

The representative of Nigeria said that unlike what the representative of the European Union had stated, his country was fully committed to the promotion and protection of human rights. Like many members of the United Nations, his country also had the death penalty among its laws. It was unacceptable to denigrate his country by accusing it of having violated human rights, when it was only following its laws. There was a campaign of

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misinformation based on the recent activities in his country -- where nine people had been executed because they had committed murder. After a due process of law, six out of 15 had been forgiven, while nine had been convicted. He wondered when capital punishment had become an element in the consideration of human rights violations? He considered the proposal to impose economic sanctions on his country as a violation to the human rights of the Nigerian population.

The representative of Saudi Arabia referred to the statement made in the morning by the representative of the European Union. He was surprised by that fallacious statement which was inaccurate and baseless. The observance of human rights was the pre-requisite for social stability and sustainable development and was in full force in his country. In addition, social, economic and political freedoms existed in his country. He assured the Members of the Committee that his country would always oppose any resolution that sought for the abolition of capital punishment.

The representative of Iraq said the report presented by the Special Rapporteur was very general and not objective. The representative of Spain, who spoke on behalf of the European Union, had made false statements on killings and tortures that had allegedly taken place in his country. In addition, allegations on attacks by Iraqi forces in the south were false. His country had nothing against the Special Rapporteur. It seemed, however, that he only wanted to attack Iraq. The lack of objectivity in the statement of the European Union had been obvious. The only ones responsible for the evils of the economic sanctions were those who had imposed them.

Furthermore, accusations of discrimination in his country were unfounded, he added. His country sheltered hundreds of refugees from different ethnic groups. His country did not accept the deployment of human rights observers because they had political aims and were considered an interference to his country's sovereignty.

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For information media. Not an official record.