ROLE, WORKING METHODS OF HUMAN RIGHTS TREATY BODIES HIGHLIGHTED AS THIRD COMMITTEE CONCLUDES DEBATE ON HUMAN RIGHTS INSTRUMENTS
Press Release
GA/SHC/3389
ROLE, WORKING METHODS OF HUMAN RIGHTS TREATY BODIES HIGHLIGHTED AS THIRD COMMITTEE CONCLUDES DEBATE ON HUMAN RIGHTS INSTRUMENTS
19961114 The role of treaty bodies in ensuring implementation of international human rights conventions, while important, should not be exaggerated, the representative of China told the Third Committee (Social, Humanitarian and Cultural) this morning as it concluded its discussion of human rights instruments.He said States parties were primarily responsible for implementing treaty provisions and they had the right to formulate implementation measures in light of their own national conditions and laws. States should not be criticized for needing long periods of preparation before acceding to or making reservations over a treaty. Certain countries, due to various motives, forced developing countries to accede to a human rights instrument or withdraw their reservations by exerting political pressure on them. Those kinds of actions did not help to promote human rights, rather, they undermined the authority of human rights instruments and impeded effective implementation.
The representative of Chile said treaty bodies and their procedures and mechanisms played an irreplaceable role in the protection of human rights; however, their work was undermined by countries that questioned the legitimacy of instruments by placing a primacy on internal legislation.
The importance of rationalizing the work of treaty monitoring bodies and reducing the backlog of States parties' reports were also stressed by several speakers.
United States Senator Claiborne Pell said the international community must maintain consistency with the high quality of existing international standards and avoid the proliferation of human rights instruments. His Government supported additional efforts to improve coordination among the treaty bodies.
Statements were also made by Nepal, Slovakia, Czech Republic, Slovenia and Sri Lanka.
The Committee will meet again at 3 p.m. today to begin its general debate on human rights questions. It is also expected to take action on several resolutions.
Committee Work Programme
The Third Committee (Social, Humanitarian and Cultural) met this morning to conclude its consideration of the implementation of human rights instruments. (For background information see Press Release GA/SHC/3388 of 13 November.)
Statements
CLAIBORNE PELL (United States) said as in the search for solutions to global problems, respect for human rights, democracy and the rule of law must be the touchstones. International human rights instruments were the basic building blocks in efforts to build a world based on those principles. The World Conference on Human Rights (Vienna, 1993) strongly recommended that a concerted effort be made to facilitate the ratification of international human rights treaties and protocols within the framework of the United Nations system.
After 40 years of consideration, the United States ratified the Genocide Convention in 1988, he said. In 1994, his Government deposited its instrument of ratification for the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and it had also been at the forefront of assisting the victims of torture. This year the United States intended to make a sizeable contribution to the Voluntary Fund for Victims of Torture, as it did last year.
He said his Government asked the High Commissioner for Human Rights to continue to provide strong support for the human rights machinery and treaty bodies. The international community must maintain consistency with the high quality of existing international standards and avoid the proliferation of human rights instruments. The United States supported additional efforts to improve coordination among the treaty bodies, and it also noted with appreciation the information provided by the chairpersons of the treaty bodies on their increasing interaction with non-governmental organizations.
Simply ratifying conventions and creating institutions will never resolve the world's ethnic and racial tensions, end repressive governments or reform political systems, he said. However, with strengthened political will, and determination on the part of governments to ensure full compliance with instruments to which they were parties, a more peaceful and just world would inevitably be realized.
HIKMAT BAHADUR SHAHI (Nepal) said the United Nations should carry out and continually adapt regular monitoring and evaluation mechanisms in the field of human rights on the basis of progress and difficulties in the implementation of all human rights instruments, including the Vienna Declaration and Programme of Action. Human rights bodies which monitored and
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implemented those instruments were integral parts of the international efforts. They provided forums for discussions and constructive dialogue among the concerned parties. The proposals by treaty bodies, their chairpersons, special rapporteurs, experts and chairpersons of working groups deserved careful attention and appropriate action by Member States in efforts to strengthen and streamline the United Nations human rights machinery.
Nepal attached great importance to the links between development, democracy and political, economic, civil, cultural and social rights, he continued. It attached equal importance to the right to development as recognized by the World Conference on Human Rights in Vienna in 1993. Nepal's affirmation of all human rights was reflected in its ratification and accession to all human rights instruments.
BARBARA TUHOVCAKOVA (Slovakia) said the respect given to human rights in everyday life was one practical criteria for evaluating the quality of democracy in a State. The international community must ask why there were still so many violations of human rights in many societies. The Vienna Conference pointed out the difficulties of dealing with human rights problems given the ethnic conflicts in many areas of the world. The universal ratification of international human rights treaties was fundamental for protecting human rights and the contractual obligations of the United Nations monitoring bodies were also vital. She called on Member States to re-examine their reservations to existing treaties.
She said that in March 1995, her Government had withdrawn its reservations to article 20 of the International Convention against Torture and recognized the competency of the Committee against Torture. Her country had an active policy of pursuing human rights. The national Slovak centre for human rights set up under the auspices of the United Nations would play an important role in educating citizens in her country about human rights.
ZDENKA MACHNYIKOVA (Czech Republic) said universal ratification of human rights norms, as confirmed at the World Conference on Human Rights at Vienna, was a paramount goal. The attainment of this goal would give practical expression to the universal, indivisible, interdependent and interrelated character of all human rights and fundamental freedoms. The Member States present in Vienna made specific commitments concerning the accession, ratification and implementation of human rights instruments at Vienna and at other major United Nations conferences. Yet, the Czech Republic considered the progress towards universal ratification rather slow.
In order to guarantee the efficiency of human rights instruments, it was necessary to strengthen the control functions of the United Nations treaty bodies, she said. This would facilitate the gathering of facts on the human rights situation in individual countries, including the activities of impartial monitoring missions, special rapporteurs and monitoring bodies.
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Therefore, her Government had high expectations for the innovative approach to the control mechanism in the Convention on the Elimination of All Forms of Discrimination against Women and in the Convention on the Rights of the Child.
It was essential both for United Nations bodies and for national authorities to follow up on recommendations and conclusions of treaty monitoring bodies, she said. The Czech Republic hoped that States parties would pay serious attention to them and would do their best to ensure the promotion and protection of human rights and fundamental freedoms of all peoples.
CARMEN HERTZ (Chile) said it was in the field where it was necessary to complement the essential work of codification in international human rights. The ideal of universalizing international human rights instruments was a priority objective, and the example of the Convention on the Rights of Child was one that needed to be repeated. Her Government called for the highest standards in universal protection and promotion of human rights so that the universalization of those rights had true meaning. In phases of development, this norm should be applied in devising the option protocol on the prevention of torture and in other working group projects. Chile would make a contribution to this end.
The work by treaty bodies and their thematic procedures and mechanisms played an irreplaceable role in the protection of human rights, she said. However, their work was undermined by countries that questioned the legitimacy of instruments by placing a primacy on internal legislation. In addition, States must consider and reflect carefully on the usefulness of consolidating reports on international mechanisms to streamline methods and reduce costs. If this was to be carried out, there should be a focus on certain situations -- for example, the difficult and risky tasks of the defenders of human rights. Chile fully supported the objectives of the restructuring of the Centre for Human Rights in order to strengthen it. Once the restructuring had been completed, the Centre would be able to better promote all categories of human rights -- civil, political, economic, social and cultural.
WANG MIN (China) said acceding to human rights instruments meant States parties were obliged to implement their provisions -- a very serious commitment. It was therefore understandable that States, before acceding to a certain instrument, needed to fully and carefully study it in relation to their national law. Also, implementation required certain economic and material conditions. Socio-economic constraints in some developing countries might make it difficult for them to accede to a specific human rights instrument. States should not be criticized for needing long periods of preparation before joining or making reservations to certain articles in a treaty. Whether or not to accede to a convention or make reservations was a sovereign act of a State. Certain countries, out of various motives, forced developing countries to accede to a human rights instrument or withdraw their
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reservations by exerting political pressure on them. That kind of practice, instead of helping to promote human rights, undermined the authority of human rights instruments, thus impeding their effective implementation.
He said the increasing backlog of reports before treaty monitoring bodies should be dealt with by improving reporting procedures, rationalizing the work of treaty bodies and enhancing their efficiency instead of allocating more resources and increasing the number of meetings. The role of treaty bodies in ensuring implementation of international conventions, while important, should not be exaggerated. States parties had the right to formulate measures to implement conventions to which they have acceded in light of their own national conditions and in the context of national law. In considering the reports of States parties, treaty bodies should take into account different levels of development and religious and cultural backgrounds of countries. They should also strictly fulfil their mandated responsibilities within their respective spheres of competence on an impartial, objective and non-selective basis.
EVA TOMIC (Slovenia) said States that had accepted international treaty obligations had to comply fully with them, including the regular and timely fulfilment of their reporting obligation under the instruments. Advisory services and technical assistance programmes of the Centre for Human Rights should be further utilized in cases of overdue reports. Human rights treaties should be implemented in their entirety, and States should avoid invoking reservations. If States did resort to using them, they should ensure that the reservations were consistent with the scope and intent of the instrument and formulated as precisely and narrowly as possible. According to the provisions of the Vienna Convention, reservations that were contrary to the objective and purpose of the treaties were inadmissible.
Her Government welcomed the continuing efforts of the Organization by the treaty bodies aimed at streamlining, rationalizing and improving reporting procedures, she said. There was a need to examine methods to reduce, in a meaningful way, the reporting under different instruments and the reporting burden on States parties, without impairing the quality of reporting. Slovenia fully recognized that the amount of work facing the treaty bodies was tremendous, and it was essential that adequate financial, human and information resources be ensured for their effective operation. Her Government was confident that the process of restructuring the Centre for Human Rights would provide for the continuous support and servicing of the Secretariat for the five treaty bodies in Geneva.
HERMAND LEONARD DE SILVA (Sri Lanka) said in August this year, the Sri Lankan Parliament enacted the Human Rights Commission Act which was the outcome of the widest possible consultation between government and opposition parties. Some of the important features of the legislation included: provisions for representatives of minorities to be on the Commission; the need
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to consult the speaker of the parliament and the leader of the opposition in making appointments to the Commission; appointments of provincial subcommittees to provide greater access to the Commission; power to award an aggrieved person money to meet expenses incurred in making a complaint to the Commission; groups as well as individuals can make a complaint; provision to report to the Commission arrests or detentions under the emergency or the prevention of terrorism Act within 48 hours. Wilful failure to report such arrests would attract the penal sanctions under the Act.
He said Commission members would be chosen for their practical knowledge or experience in human rights matters. It would monitor administrative practices and procedures; investigate complaints regarding infringement or possible infringement of fundamental human rights and, where possible, provide for their resolution by mediation and conciliation. The Commission would also advise in the formulation of legislation and administrative directives to ensure that national laws and administrative practices were in accordance with international human rights norms and standards. The Act also provided for the investigation of allegations as a result of a terrorist act, thus addressing the liability of even non-State actors in human rights violations.
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