GENERAL ASSEMBLY'S SOCIAL COMMITTEE BEGINS REVIEW OF HUMAN RIGHTS QUESTIONS, IMPLEMENTATION OF INTERNATIONAL COVENANTS
Press Release
GA/SHC/3440
GENERAL ASSEMBLY'S SOCIAL COMMITTEE BEGINS REVIEW OF HUMAN RIGHTS QUESTIONS, IMPLEMENTATION OF INTERNATIONAL COVENANTS
19971107 In Other Action, Text Approved on UN Development Fund For Women Stresses Need To Work Towards Gender EqualityThe General Assembly would stress the role of the United Nations Development Fund for Women (UNIFEM) in supporting activities relating to women's economic and social development in developing countries, by the terms of a draft resolution approved by the Third Committee (Social, Humanitarian and Cultural) as it met this afternoon.
The text, approved without a vote, would also emphasize the Fund's important work in women's empowerment and gender equality, within the framework of implementing the action programme of the 1995 women's conference in Beijing. The Assembly would encourage the Fund to continue to contribute to "mainstreaming" the gender perspective in all development efforts of governments, United Nations bodies and civil society.
Also this afternoon, the Committee began its consideration of human rights questions: implementation of human rights instruments.
The representative of Luxembourg, speaking for the European Union and other States, said the attempt by some countries to undermine the work of the human rights treaty bodies by challenging their legitimacy was of concern, as was the invocation of national law by some States as a justification for violations of human rights.
Human rights treaty bodies should take full account of the varying levels of socio-economic development and the historical and cultural traditions of States parties, the representative of China said. They should establish a relationship of mutual respect, cooperation and equal dialogue with States parties and act strictly in accordance with their mandates.
The representative of Egypt said it was important not to politicize human rights, and not use the instruments as a pretence for internal interference. The instruments should not be applied in a system of double standards for specific interests.
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The New York representative of the Office of the High Commissioner for Human Rights said current efforts to enhance the effectiveness of the human rights treaty bodies was to move towards a more focused system of State reporting. Measures were being taken for better follow-up by the treaty bodies on States parties' implementation of their recommendations.
Stressing the importance of the Voluntary Fund for Victims of Torture, the representative of Monaco said his country would continue to support the Fund and make regular contributions to it, to ensure that its programmes were not interrupted as a result of lack of resources.
Statements were also made by the Deputy Director of the United Nations Population Fund (UNFPA) and a representative of the International Organization for Migration.
The Third Committee will meet again at 3 p.m. on Monday, 10 November, to continue its consideration of human rights questions: implementation of human rights instruments. The Committee is also expected to hear the introduction of a number of draft texts on issues related to the advancement of women and the report of the United Nations High Commissioner for Refugees (UNHCR).
Committee Work Programme
The Third Committee (Social, Humanitarian and Cultural) met this afternoon to begin consideration of human rights questions, and implementation of human rights instruments.
Among the human rights questions to be taken up by the Committee in the next three weeks are these sub-items: alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms; human rights situations and reports of special rapporteurs and representatives; comprehensive implementation of follow-up to the Vienna Declaration, and the report of the High Commissioner for Human Rights.
For its consideration of the implementation of human rights instruments, the Committee had before it the relevant section of the report of the Economic and Social Council (document A/52/3), the report of the Human Rights Committee and the report of the Committee against Torture.
Also before the Committee are reports of the Secretary-General on: the United Nations Voluntary Fund for Victims of Torture; the status of the International Covenant on Economic, Social and Cultural Rights; the status of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; effective implementation of international instruments on human rights, including reporting obligations under international instruments on human rights; the question of ensuring financing and adequate staff and information resources for the operation of the human rights treaty bodies; and progress towards the realization of the rights in the International Covenant on Economic, Social and Cultural Rights. Also before the Committee is a note by the Secretary-General transmitting the report of persons chairing the human rights treaty bodies.
The report of the Human Rights Committee (document A/52/40), contains the Committee's final comments after consideration of reports submitted by States parties to the International Covenant on Civil and Political Rights. At sessions held in October 1996, March 1997 and July 1997 the Committee adopted final comments on submissions from Denmark, United Kingdom, Switzerland, Gabon, Peru, Germany, Bolivia, Georgia, Colombia, Portugal, Lebanon, Slovakia, France and India. The report addressed the range of issues covered by the International Covenant, and dealt with the positive aspects of each State party's implementation of the Covenant, as well as principal areas of concern and recommendations for improvement.
In the case of the United Kingdom, the Committee made a number of observations relating to Hong Kong and pointed out that the parties to the Joint Declaration (the Governments of the United Kingdom and China) had agreed that all provisions of the Covenant as applied to Hong Kong should remain in force after 1 July 1997. In comments on Colombia, the Committee deplored the
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continuation of "gross and massive human rights violations" and the fact that the level of political and criminal violence was still very high. The Committee deplored extrajudicial executions, murders, torture and other degrading treatment, forced disappearances and arbitrary arrest carried out by members of the armed forces, the police and paramilitary and guerrilla groups, with journalists, human rights activists, trade union and political leaders, teachers, members of indigenous populations and judges apparently the specific targets.
The Committee expressed concern about allegations of ill-treatment of persons in the course of arrests or in police custody in Switzerland, particularly in respect of foreign nationals or Swiss citizens of foreign origin. Concern was also expressed about the 1995 Federal Act relating to coercive measures, which in some cases allowed the administrative detention of foreign nationals without a temporary or permanent residence permit, while the decision on the right of temporary residence was being prepared.
In some cases the Committee expressed concern over the unequal treatment of women in political, economic and social spheres, citing situations in Gabon, Georgia, Colombia and Slovakia. Also highlighted were discrimination against women in the workplace in the Portuguese territory of Macao; the application of harsher sentences for women on conviction for adultery in Lebanon , with laws restricting their right to leave the country without the consent of husbands; the low proportion of women appointed to senior public positions in France, and discriminatory attitudes in France's overseas territories of Mayotte and New Caledonia.
While acknowledging legislative measures taken in India in the areas of child marriages, the dowry practice and dowry-related violence, the Committee remains felt the measures were not sufficient and that steps were needed to change the attitudes which allowed such practices.
The Committee also expressed concern at the lack of independence and impartiality of the judiciary and the long delays in the administration of justice, in some of the States parties, as well as appalling prison conditions, including overcrowding, and poor health and sanitation conditions. Difficulties faced by foreign workers in Lebanon and the treatment of asylum seekers in France were also noted, as were allegations that police and other security forces in India do not always respect the rule of law.
The report of the Human Rights Committee noted with regret that 81 States parties to the Covenant, or more than two thirds of all States parties, were in arrears with their reports, and expressed serious concern that so many States parties were in default of their obligations under the Covenant. Those States parties are listed in the report as Syria, Gambia, Suriname, Kenya, Mali, Guyana, Democratic People's Republic of Korea, Equatorial Guinea, Central African Republic, Trinidad and Tobago, Somalia,
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Viet Nam, Democratic Republic of the Congo, Nicaragua, Portugal, Australia, St. Vincent and the Grenadines, San Marino, Panama, Madagascar, Angola and Rwanda.
The report of the Committee against Torture (document A/52/44) states that as of May 1997, 10 years after the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment went into effect, 102 States were party to it, including the six who became parties during the reporting period -- Azerbaijan, El Salvador, Honduras, Iceland, Kenya and Malawi.
The report includes proceedings of the Committee at the two sessions held since its last report, from 11 to 22 November 1996 and from 29 April to 9 May this year. During those sessions, the Committee considered reports submitted by 13 States parties to the Convention: Russian Federation, Republic of Korea, Algeria, Uruguay, Poland, Georgia, Ukraine, Mexico, Denmark, Paraguay, Sweden, Namibia and Israel.
Reports of Secretary-General
The Secretary-General's report on the United Nations Voluntary Fund for Victims of Torture (document A/52/387) states the number of States contributing to the Fund rose from five in 1982 to 32 in 1997. In the period 17 September 1996 to 15 August 1997 Nepal and the Philippines contributed to the Fund for the first time; Australia increased its contribution fourteenfold compared to previous years, and Algeria and Chile each contributed roughly three times as much as they had in 1996. The Republic of Korea doubled its 1996 contribution; Ireland's increased by a third, and Finland, which had stopped contributing regularly in 1995, resumed its support in 1997, at a higher level.
The Fund was created by the General Assembly in 1981 to help the victims of torture and their families. (Under the International Covenant on Civil and Political Rights, torture cannot be tolerated under any circumstances, even in times of public emergency or armed conflict.) A Board of Trustees was established in 1982 to advise the Secretary-General on the financial status of the Fund and to submit recommendations regarding requests for financial assistance for projects and programmes. Every year, the Fund receives voluntary contributions from governments, non-governmental organizations and private individuals.
The report records that Norway, which had been reducing its contributions since 1993, was one of the largest contributors this year, nearly doubling its 1996 contribution. Andorra, Luxembourg and Switzerland also increased their contributions. For the third consecutive year, the United States contributed $1.5 million, thus becoming the main contributor to the Fund ahead of Denmark, Finland, Germany, Japan, Norway and Sweden.
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Since 1982, the Fund's main contributors have been the United States (more than $10 million), Denmark (nearly $2.5 million), Sweden (more than $2 million), Finland (nearly $2 million), Germany (nearly $2 million), Norway and the Netherlands ($1 million). The report states that symbolic but not inconsiderable contributions continue to come from governments of developing countries, in response to recommendations by the Committee against Torture.
A report by the Secretary-General on the status of several human rights instruments (document A/52/446) reports on implementation 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.
As of 1 September 1997, the International Covenant on Economic, Social and Cultural Rights had been ratified or acceded to by 136 States and the International Covenant on Civil and Political Rights along with the optional protocol, by 92 States. The second Optional Protocol to the civil and political rights covenant, aimed at abolition of the death penalty, was adopted and opened for signature in 1989 and went into effect in 1991; as at 1 September 1997, it had been ratified or acceded to by 31 States.
A report by the Secretary-General on the status of the International Convention on the Protection of Migrant Workers and Members of Their Families (document A/52/359) states that the Convention was adopted and opened for signature in 1990. As of 31 August 1997, it had been ratified or acceded to by eight States -- Bosnia and Herzegovina, Colombia, Egypt, Morocco, Philippines, Seychelles, Sri Lanka and Uganda -- and signed by Chile and Mexico. It will go into force when at least 20 States have ratified or acceded to it.
The report notes that two high-level meetings were convened by the High Commissioner for Human Rights to open dialogue with States which had not adhered to international human rights treaties, including the Convention on migrant workers. The first was convened in Addis Ababa, for the African region, and the second in Amman, Jordan, for the Asian and Pacific region.
The Secretary-General's report on implementing human rights instruments (document A/52/445) gives the status of implementation of five international human rights instruments with monitoring mechanisms, currently supported by the Office of the United Nations High Commissioner for Human Rights. (These are the International Covenant on Economic, Social and Cultural Rights; the International Covenant on Civil and Political Rights; the International Convention on the Elimination of All Forms of Racial Discrimination; the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; and the Convention on the Rights of the Child.)
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The report notes that the new management structure of the United Nations High Commissioner for Human Rights, based on three management units, was put in place from September 1996. An analytic study was also submitted in 1997, on the elimination of duplications and on State reporting responsibilities. Other actions taken with regard to implementing human rights instrument are also cited.
A note by the Secretary-General (document A/52/511) states that the Commission on Human Rights requested the submission of reports to the fifty- second session of the General Assembly, and also to the Commission's fifty- fourth session, on progress towards the realization of the rights set out in the International Covenant on Economic, Social and Cultural Rights. The reports should reflect the views of all relevant national and international organizations, governmental and non-governmental organizations on specified issues. A note verbale and a letter have been sent by the Secretariat to collect information which will be available to the Assembly as soon as possible.
A note by the Secretary-General transmits the report of the persons chairing the human rights treaty bodies (document A/52/507). The report covers activities at the eighth meeting, convened in Geneva from 15 to 19 September, which largely concerned the improvement of the operation of the treaty bodies.
The meeting considered the importance of universal ratification of the human rights treaties, suggesting that a fund be established to enable assistance to States in achieving such ratification, with reforms in the reporting system to help States with small populations. The use of new technologies, gender perspective and time-saving practices in the consideration of States' reports were also considered.
Action on Draft Text on UNIFEM
The Committee took action on a draft resolution on the United Nations Development Fund for Women (UNIFEM), postponed from this morning's meeting. Revisions had been made in the draft's preambular paragraphs.
By the terms of the draft resolution on UNIFEM (document A/C.3/52/L.16/Rev.1), the Assembly would stress the Fund's role as a development fund in supporting activities relating to women's economic and social development in developing countries. It would emphasize the Fund's important work in women's empowerment and gender equality within the framework of implementing the Platform for Action of the Fourth World Conference on Women, held at Beijing.
The Assembly would encourage the Fund to continue to contribute to mainstreaming the gender perspective in all development efforts of
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governments, United Nations bodies and civil society. The Fund would be encouraged to strengthen its work within the United Nations system at the national level through the resident coordinator system, focusing on strategic interventions and building upon its comparative advantages. It would do so in order to promote systematic change, particularly with respect to women's political and economic empowerment. (For additional information see Press Release GA/SHC/3438 of 6 November.)
The draft resolution was sponsored by the Bahamas, Canada, Chile, Denmark, Iceland, Indonesia, Ireland, Japan, New Zealand, Nigeria, Norway, Philippines, Poland, Romania, Singapore, South Africa, Uganda, United Republic of Tanzania and the United States.
Committee Chairman, ALESSANDRO BUSACCA (Italy), informed the Committee that the draft text had no programme budget implications.
Added as co-sponsors were Austria, Finland, Italy, Malaysia and Sweden.
The draft resolution was approved without a vote.
Statements on Human Rights
PURIFICACION QUISUMBING, New York representative of the Office of the High Commissioner for Human Rights, reviewed the status of the human rights instruments and reported on activities of the Human Rights Committee; the Committee on Economic, Social and Cultural Rights; the Committee against Torture; and the United Nations Voluntary Fund for Victims of Torture. She introduced the report on effective implementation of international instruments on human rights, including reporting obligations under international instruments on human rights, and noted that it was largely concerned with resolving the problem of an increasing backlog of reports on the one hand and an increasing number of overdue reports on the other.
Overall, she said, current efforts to enhance the effectiveness of the human rights treaty bodies was to move towards a more focused system of State reporting and better follow-up on States implementing recommendations, which often were in the form of suggestions to resort to technical assistance to develop national capacities, structures and institutions.
SYLVIE SCHOSSLER (Luxembourg), speaking for the European Union and Bulgaria, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia, Slovenia, Cyprus and Iceland, stressed the importance of the treaty bodies operating properly. She said the Union was prepared to assist in coordination between the treaty bodies, and between them and the Secretariat. It was considering various proposals for how better to do that. The multiplication of ratifications and resultant increase in workload should be accompanied by a corresponding increase in financial and human resources.
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The attempt by some countries to undermine the work of the treaty bodies by challenging their legitimacy was of concern to the European Union, she added. Also, the Union was concerned that in the field of human rights, certain countries gave priority to national law rather than to international. National law could not be invoked as a justification for violations of human rights. The Union also supported the preparation of additional protocols to various treaties. Treaty bodies should attack more effectively the problem of discrimination and violence against women, and in their reports they should include data broken down by gender.
KARIM WISSA (Egypt) said all human rights protections had to be strengthened -- whether political, cultural, economic, or the right to development. Egypt was party to 18 international instruments, and the Egyptian constitution and laws took into account the need to avoid conflicts over religious or cultural issues. It was important to not politicize human rights and not use the instruments as a pretence for internal interference, or to use them politically or for economic advantage. The instruments should not be applied in a system of double standards for specific interests in terms of human rights. Neither should the instruments be used to place certain countries over others.
It was necessary to reflect the varied cultures and civilizations of the world today, he said. A more realistic cultural approach should be developed, one that would avoid a monolithic cultural view.
HIROFUMI ANDO, Deputy Executive Director of the United Nations Population Fund (UNFPA), said the struggle to secure women's rights had gained momentum through recent United Nations conferences, and had led to concerted efforts to empower women to protect and advance their interests within their families and communities. He said the 1994 Conference on Population and Development was one of the milestones in that process. Progress over the years had been remarkable; a large number of countries had been adjusting their policies and legislation in line with those developments.
Nevertheless, he went on, commitment to women's rights should receive more attention from the international community and the human rights monitoring process. A roundtable on human rights organized by the United Nations Centre for Human Rights and the Division for the Advancement of Women had been an important step in that direction. He cited a number of comparable initiatives.
He said the UNFPA had developed a programming framework for integrating the subject of eradicating female genital mutilation into programmes in reproductive health, population and development strategies and advocacy. In that way, the Fund sought to carry out its commitment to the joint initiatives of the World Health Organization (WHO) and the United Nations Children's Fund (UNICEF) to that end.
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JACQUES L. BOISSON (Monaco) said the universality of human rights corresponded to man's universality. Monaco's Constitution guaranteed all civil, political, economic and social rights that were enshrined in the two covenants, as well as the separation of judicial and administrative authorities. He said delays in reporting were among the difficulties that were detrimental to the functioning of the instruments. Better coordination and increased efficiency in the human rights committees should be pursued and enhanced through the restructuring that was under way in the High Commissioner's office.
He said his Government had contributed to the Voluntary Fund for Victims of Torture, and would continue its support, to ensure that the Fund's programmes were not interrupted through lack of resources.
SUN ANG (China) said the United Nations human rights instruments were an important legal basis for international cooperation in the human rights field, and the related monitoring mechanisms were effective ways to ensure the implementation of those instruments. One of the reasons for the backlog of reports from States parties was the excessive burden imposed on the reporting procedure. Preparation of the reports involved many governmental departments and social organizations, took a great amount of human and financial resources, and a great deal of time.
In addition, because of the lack of coordination on the part of the human rights treaty bodies there was much overlap in the contents of the reports required. That had imposed unnecessary burden on the States parties and had led to a decrease in efficiency of the treaty bodies, resulting in a delay in the consideration of numerous reports and communications. The treaty bodies should take full account of the varying levels of socio-economic development and historical and cultural traditions of States parties. They should establish a relationship of mutual respect, cooperation and equal dialogue with States parties and act strictly in accordance with their mandates.
He said China had ratified and acceded to 17 international conventions in the human rights field. On 27 October, it had signed the International Covenant on Economic, Social and Cultural Rights which demonstrated the Chinese Government's firm commitment to the cause of human rights in China and the world at large.
STAFFORD MOUSKY, of the International Organization for Migration, said population movements around the world were increasing in scope, while reasons for migration were growing and changing. There was ethnic and civil strife on an unprecedented scale. Millions were fleeing homes while environmental destruction obliged people to move to sustain their livelihoods. The gap between richer and poorer nations continued to widen, increasing the allure of
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labour migration as workers strove for a better life for themselves and their families.
To the traditional hardships and discrimination faced by migrants was now added the increasing xenophobia triggered by recession and unemployment. Hostilities against migrants were thus exacerbated. He said international instruments did not ensure respect in word, attitude and deed; discrimination, abuse and unfair practices still abounded. National legislation must be adopted or strengthened by both sending and receiving States.
It was just as important, he went on, that public awareness of migrants' rights was raised. Training must be provided to migrants with regard to both their rights and their obligations. The work of his organization in that area was comprehensive. He spoke of information programmes, including handbooks for potential migrants, and technical cooperation projects with governments, advising on national legislation and international law on migrants' rights.
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