HIGH COMMISSIONER TELLS THIRD COMMITTEE OF RENEWED ENDEAVOUR FOR GLOBAL OBSERVANCE OF WIDE RANGE OF HUMAN RIGHTS

14 November 1997

Press Release
GA/SHC/3447

HIGH COMMISSIONER TELLS THIRD COMMITTEE OF RENEWED ENDEAVOUR FOR GLOBAL OBSERVANCE OF WIDE RANGE OF HUMAN RIGHTS

19971114 Dialogue with Mary Robinson Covers Many Areas of Concern; Right to Development, Interests of Women and Children Prominent

The United Nations High Commissioner for Human Rights told the Third Committee (Social, Humanitarian and Cultural) this morning that she would aim to build bridges between and among all regions of the world, thereby reinforcing trust and confidence in the High Commissioner's Office as a global institution, committed to the promotion and protection of human rights in all countries of the world, in a fair, impartial and objective way.

In her first address to the Committee as it continued its consideration of human rights questions, High Commissioner Mary Robinson said she intended to work hard to ensure that from north to south, and from east to west, a consensus emerged on the importance of ensuring the realization of human rights. It was only by working together that progress could be made. The whole range of human rights issues must be addressed.

It would be farsighted for the international community to offer the same level of protection to individuals in economic, social and cultural rights, including the right to development, as that afforded in the political and civil sectors, she said. That might prepare the international community to better manage the challenges that it would face in the economic and social field in the next century.

A formidable challenge in the next few years was the practical recognition that women's rights were human rights, and the integration of their protection into the whole United Nations programme, she said. Another priority for her Office was to see that the existing international human rights instruments were translated into national laws and practices. "I intend to be a strong moral voice for the defence of the victims of oppression, discrimination and exclusion -- wherever they may be or whatever the violation."

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In the dialogue that followed the High Commissioner's address, the representative of Gabon said the geographical distribution of high-level posts in the Office was not equitable and that Africa was relying on the High Commissioner for a just distribution of their positions. In response, the High Commissioner said she gave high priority to countries of Africa, particularly central Africa.

The representative of Italy asked what could be done to achieve the universal ratification of the Convention on the Rights of the Child by the entire international community, noting that the United States was among those yet to join. The High Commissioner said she said she was aware of the complexities in the United States Congress and dialogue was important. She said the work of the Committee on the Rights of the Child, as of all the treaty bodies and special rapporteurs, was in large part a question of law and jurisprudence; that aspect was underestimated and she would use her influence to publicize the seriousness of the work.

Participating in the dialogue with the High Commissioner were the representatives of Cuba, Cote d'Ivoire, Nigeria, Malaysia, Germany, United States, Austria, Costa Rica, Mexico, Republic of Korea, Zambia and Russian Federation, and the Observer for Palestine.

Following the dialogue, statements were made by representatives of Tunisia and Ecuador.

The Third Committee (Social, Humanitarian and Cultural) meets again this afternoon at 3 p.m. to continue its consideration of human rights issues. The Committee was expected to hear the introduction of two draft resolutions and take action on a number of others.

Committee Work Programme

The Third Committee (Social, Humanitarian and Cultural) met this morning to continue its consideration of human rights questions, including alternative approaches for improving the enjoyment of human rights and fundamental freedoms, the reports of special rapporteurs and representatives, the Vienna Declaration and Programme of Action, and the report of the United Nations High Commissioner for Human Rights. The Committee was also expected to hear an address by the High Commissioner.

The Committee had before it reports on the human rights situations and reports of special rapporteurs and representatives on the following: Cambodia, Haiti, Kosovo, the former Yugoslavia, Myanmar, southern Lebanon and West Bekaa, Iraq, Iran, Afghanistan, Nigeria, Sudan, Cuba, Rwanda, Burundi and the Democratic Republic of the Congo.

(For background on alternative approaches, the Vienna Declaration and the High Commissioner's report and the reports of the special rapporteurs and representatives, see Press Releases GA/SHC/3443 and GA/SHC/3444 of 12 November, and GA/SHC/3445 of 13 November).

Also before the Committee is a report by the Secretary-General on the situation of United Nations personnel and their families (document A/52/548) which outlines the situation of United Nations and other personnel who have been imprisoned, missing or held in a country against their will while fulfilling a United Nations operation mandate. The report, which covers the period from 1 July 1995 to 9 June 1997, includes an update on new cases and those successfully settled, the status of implementation of measures proposed by the Commission on Human Rights, and information on respect for the privileges and immunities of officials as well as for their security and safety.

Statement by High Commissioner for Human Rights

MARY ROBINSON, United Nations High Commissioner for Human Rights, in her first address to the Third Committee since taking up the appointment, said promoting the universal enjoyment of human rights was the main objective of United Nations work. Democracy, development and respect for human rights were all interdependent, and reinforced each other. Her duty was to ensure leadership on human rights issues and to emphasize their importance on the international and national agendas. "I intend to be a strong moral voice for the defence of the victims of oppression, discrimination and exclusion -- wherever they may be or whatever the violation." The priority for her Office was to see that the existing international human rights instruments were translated into national laws and practices.

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The Secretary-General had stressed human rights as one aspect of United Nations work which directly affected all the others, she continued. As a result, human rights was being integrated into other United Nations approaches and action, at Headquarters and in the field. Human rights would be linked to the work of the Secretary-General's executive committees -- on peace and security, humanitarian affairs; economic and social affairs; and development - - and also of the Senior Management Group chaired by the Secretary-General.

Adequate inter-agency cooperation and coordination was also essential to ensure a fully integrated approach to human rights throughout the United Nations system. She said she would do her best to facilitate the harmonization of such policies within the system, as well as to ensure a closer link between the recommendations of United Nations human rights experts in the treaty bodies and mechanisms of the Commission on Human Rights, on the one hand, and the work of agencies and programmes, including the World Bank and the International Monetary Fund (IMF), on the other. The fiftieth anniversary of the Declaration of Human Rights and the five-year review of the Vienna Declaration and Programme of Action would be an important step on the road to achieving the objective of ensuring that the agencies and programmes played a leading role in giving practical effect to internationally protected rights.

The United Nations had made substantive progress since the adoption of the Universal Declaration in 1948, she said. The work of human rights promotion and protection had taken the staff increasingly away from Geneva and into the field, which was essential in order to meet the increasing requests for support by Governments in connection with their human rights efforts at home. She would encourage the trend towards greater cooperation in human rights matters and away from too much politicization and procedural debate on complex issues.

A formidable challenge in the next few years was the practical recognition that women's rights were human rights, and the integration of their protection into the whole United Nations programme. Paying tribute to her predecessor, she said the former High Commissioner had made progress in taking on the challenges of human rights field work. In filling key senior positions, as well as the post of Deputy High Commissioner, she would take account of the importance of having good geographical balance.

Noting that the new structure of her Office reflected the priorities and mandates of the United Nations human rights programme, as approved by the competent legislative organs, she said she had begun to apply the concept of reform to the field of human rights to rationalize and strengthen it. Her Office would aim to raise the visibility of human rights issues globally, and to mobilize the commitment of Governments, international organizations, non- governmental organizations and public opinion to work more closely together.

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Current field operations would be reviewed to establish a more integrated and effective approach, and to that end, it was important to ensure that a roster of qualified human rights staff would be available for field work.

The High Commissioner said she would cooperate closely with regional organizations such as the Organization of African Unity (OAU) Commission on Human and People's Rights, the Organization of American States (OAS), the Inter-American Commission and the Council of Europe as well as national institutions and non-governmental organizations. To counter the continuation of human rights violations, action was needed now to avoid the impunity that had been allowed to prevail, and to ensure the need for justice on the part of the victims.

In that connection, she went on, the international community must, as the next step, set up an international criminal court. She looked forward to the international conference in Italy next June to adopt the statute of a permanent international penal court. Next year's commemoration of the fiftieth anniversary of the Declaration would provide the international community with the ideal vehicle for considering the past and reinvigorating its commitment to the future. "Human rights are an ever-present, ongoing challenge which must be met again and again", she said.

She intended to work hard to ensure that from north to south, and from east to west, a consensus emerged on the importance of ensuring the realization of human rights. It was only by working together that progress could be made. The whole range of human rights issues must be addressed. She would aim to build bridges between and among all regions of the world, thereby reinforcing trust and confidence in the Office of the High Commissioner as a global institution committed to the promotion and protection of human rights in all countries of the world, in a fair, impartial and objective way. It would be farsighted for the international community to offer the same level of protection to individuals in economic, social and cultural rights, including the right to development, as that afforded in the political and civil sectors. That might prepare the international community to better manage the challenges that it would face in the economic and social field in the next century.

Dialogue with High Commissioner

The representative of Gabon asked what the High Commissioner would do to avoid having the right to development left in a "ghetto of speculation". He said the distribution of posts she had found in her Office was not equitable. The Office should reflect an image of the world as it existed. There were competent people in Asia and Africa. Africa was relying on the High Commissioner for a just distribution of senior positions.

The representative of Italy said that as an independent member of the Committee on the Rights of the Child he wanted to know what could be done to complete ratification of the Convention on the Rights of the Child by the

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entire international community. It had ben ratified by 191 countries. Two signatures were missing -- those of Somalia, which was unable to act now, and of the United States. There was much goodwill in the host country, so what could be done? He said the Committee on the Rights of the Child needed more visibility, and asked what could be done about that. And what role did the High Commissioner see for herself with regard to the International Criminal Court?

The representative of Cuba asked what initiatives would be taken in the framework of the fiftieth anniversary. On the restructuring of the human rights Office, he said Cuba was ready to participate when proposals were made, but they had to be submitted for approval of the General Assembly. On the right to development, why were the steps taken so far insufficient and were there any other ideas on that issue? How would the Centre prepare and give substantive support to the conference on racism? On the question of improving equitable geographical distribution, it was important that staff from the south were an integral part of the process; they should not arrive after the reform, only to carry out the ideas of the north.

Mrs. ROBINSON said she gave high priority to countries of Africa, particularly central Africa. She attached real significance to building a more common understanding that issues were "rights"-based. On the right to development, she would be addressing the Assembly's second (Economic and Financial) Committee on Monday, looking at development in a "rights" context.

She said the equitable distribution of posts in her Office was crucial to ensuring that the Office reflected a global balance. She was meeting with candidates for Deputy High Commissioner. In making the appointment, the Secretary-General would give weight to those consultations so that the High Commissioner and Deputy High Commissioner might come from different locations but could work together. On geographical distribution, she had reopened four senior posts which, when filled, would at once give wider geographic spread.

On accession to the Convention on the Rights of the Child, she said she was aware of the complexities in the United States Congress and dialogue was important. The work of the Committee of the Rights of the Child, as of all the treaty bodies and special rapporteurs, was in large part a question of law and jurisprudence; that aspect was underestimated, and she would use her influence to publicize the seriousness of the work.

On the international criminal court, she was having discussions with the community of non-governmental organizations (NGOs) and her role as High Commissioner was to try to ensure that the final document reflected the necessary values.

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She said she was streamlining her Office and looking at ways to make it more effective. Linkages were needed, particularly with the Second Committee. She was actively promoting the right to development as a "rights" issue and the need to focus on the area was self-evident.

The delegate of Cote d'Ivoire said poverty had to be combated in the name of human rights. A hungry person was not a free person. Development was necessary, as were food, shelter and fundamental services. How could one enjoy the right of free expression if one could not read newspapers? Developing countries needed the means to promote human rights through equitable distribution of resources and a legislative system. Cooperation was important in the prevention of human rights violations, which meant strengthening of national and regional institutions. Human rights information was needed for the education of teachers, police, military. National institutions could play a fundamental role in prevention through early warning and rapid alert to identify human rights disasters. The High Commissioner's Office should have a unit whose job would be to strengthen cooperation.

The representative of Nigeria said the balance in geographic distribution would be welcome. Human rights was universal but the trouble lay in its application with outsiders wanting to dictate. Transparency and impartiality were important and the High Commissioner should use her political experience with colleagues to make sure technical assistance was given priority. Politicization of human rights had eroded implementation.

The representative of Malaysia said he applauded the vision of having human rights being integrated into all work of the United Nations. The emphasis should be on development. Malaysia had an undying commitment to human rights but drew the line when human rights was used for narrow protectionist ends. Integrating human rights into development without criticism and without large-scale debate would weaken development programmes.

Mrs. ROBINSON said she agreed with the practical aspects of linking economic and social rights, and linking those to national institutions. She had not envisioned having a separate unit for coordinating linkages between regional and national bodies, but she would be emphasizing its importance.

With regard to the decade for human rights education, launched in 1995, the work had been taken on by her predecessor and the Office was charged with coordinating the decade. Human rights education at all levels was being given high priority.

She said the nexus between human rights and development, and whether that would envisage conditionalities, was an area that needed debate. There was a need to address different aspects of the issue and that was her reason for addressing the Second Committee. The debate to clarify "rights" and "development" was one to be carried into the next millennium.

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The representative of Germany said he favoured making the Office more efficient, enabling human rights to encompass economic, social and political rights. More attention should be given to the question of extreme poverty and its effects on human rights. Next year's fiftieth anniversary of the Declaration, should be used as an occasion to highlight the importance of that document. He asked for information on the programme for commemoration of the year?

The representative of the United States said his country would be host to five human rights Special Rapporteurs. It was important for that they receive full cooperation from all parties, and he asked what the High Commissioner did to ensure cooperation from all States?

On the goal of universal ratification of the Convention on the Rights of the Child, he said adherence and implementation were more important than ratification. He supported progressive attainment of the right to development. On the other hand, civil and political rights and the protection of individuals should be achievable immediately. Lack of development was no justification for not respecting rights.

The World Bank had shown the effectiveness of the state as a key factor in development. He asked what the High Commissioner would do with the International Monetary Fund (IMF) and with regional banks, to make sure the issue of human rights was mainstreamed. He said the gender perspective was crucial; achievement of women's rights was part and parcel of human rights. More work had to be done on the management of globalization and preventing exploitation in the area of labour standards.

The representative of Austria spoke of next year's anniversary commemoration and asked how to get a ready response from everyone to engage in preparations. There was a need to ensure worldwide inclusiveness. He asked how technical cooperation programmes could be linked in a comprehensive manner with the main human rights treaties, monitoring bodies and the field presences, the High Commissioner's Office and the United Nations system in general. He spoke of human rights education and the practical aspects of preparing for events of the next year, asking how that was related to the five-year review of the implementation of the Vienna programme.

Mrs. ROBINSON said preparations for the anniversary year and for the five-year review, were a matter of inter-agency cooperation and efficiency in the Geneva office. Although interrelated, each fulfilled a purpose. The anniversary of the Universal Declaration would be a form of education; the Declaration was a living document and could be revisited in context of modern debates. The five-year review was a rigorous stock-taking. She had written to government leaders and non-governmental organizations asking for reports. The first review would be in the Commission on Human Rights meeting, then it would be considered and debated in the Economic and Social Council. The reporting went on throughout the year.

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On technical cooperation, she said she had been charged by the Secretary-General with the task of assessing all such cooperation in the areas of human rights. It may be broader than some had envisaged. It would make possible a look at what was being done in all the areas, in economic and social development as well as human rights.

With regard to the mainstreaming of human rights extending to the World Bank and IMF, she said that was an important part of the overall assessment. She had met with senior representatives of both organizations, and had made a good opening for a dialogue her office intended to pursue. Priority was being given to gender mainstreaming and to full recognition of women's rights. In addition to what she had said on technical assistance and how to link that with treaty bodies and the United Nations machinery, she said there was more to be done, but those concerned with the right to development branch were doing research and getting information. However, the resources of the Office were limited.

The Observer for Palestine noted Mrs. Robinson's reference to Gaza as one of the field operations of her Office and said that reference was inconsistent with the United Nations terminology which referred to the mandate of the field operation as also encompassing Jerusalem and the West Bank. That issue was both of legal and political significance. She hoped the High Commissioner would give greater importance to the issue of deteriorating Palestinian rights.

The representative of Costa Rica stressed the importance of the right to development and the two human rights Covenants, as well as the need for universal ratification of the Convention on the Rights of the Child, and the Committee for which should have an increase in membership. She asked about proposals to merge six treaty bodies, which she thought were not practical. There was need for human rights education, beginning with young children.

The representative of Mexico stressed the importance of training and technical support in the field of human rights, and such issues as the human rights of migrant workers, the abolition of the death penalty and the related issue of the right to life. She asked about progress in plans for the commemoration of the Universal Declaration.

Mrs. ROBINSON, responding to the Observer for Palestine, agreed that the mandate of the field office was much broader than her reference to Gaza -- where the field office was located. It covered the West Bank and Jerusalem. She shared the concerns of the delegate. Responding to Costa Rica, she said the debate on the right to development was best addressed in the context of the theme for next year's commemoration -- poverty, human rights and development. She had given much emphasis to the Convention on the Rights of the Child, as well as to the work of the treaty bodies. There had been no

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conclusions yet on how to make sure that the human rights machinery worked better. The emphasis on the importance of human rights education, expressed by a number of delegations, was welcome.

She told the representative of Mexico the emphasis on training and technical support would become more transparent when the ongoing analysis had been completed. The issue of migrant workers and other human rights issues shared the importance of next year's commemoration, which would provide the opportunity for a fresh and more holistic approach to human rights.

The representative of the Republic of Korea asked about recent challenges to the integrity of the international human rights regime, and said he also wished to know what the High Commissioner would be doing to broaden the donor base to secure more voluntary contributions to the work of her Office.

The representative of Zambia welcomed the High Commissioner's intention to stress the importance of women's rights, and her intention to build a bridge to all regions of the world. Much could be achieved if the High Commissioner's Office took on a global view. Civil and political rights should have equal emphasis with economic, social and cultural rights. She asked how the High Commissioner intended to promote women's rights, and if her Office was represented in the meetings of the inter-agency committee on gender issues.

The representative of the Russian Federation said dialogue was important at this stage in the development of human rights, and asked if the High Commissioner intended to examine the issue of depriving persons of the right to citizenship, including children, and the issue of the prevention of discrimination against minorities.

Mrs. ROBINSON, responding to the representative of the Republic of Korea, said she agreed on the importance of the integrity of the international human rights machinery, the need for its increased effectiveness and for it to be fully resourced. She thanked the Republic of Korea for its practical support to her Office, in providing computer technology and helping in setting up the Office's Internet web site and data bank. She was in the process of writing to all governments to invite their voluntary support for the programme of activities of her Office.

She told the representative of Zambia that next year offered the opportunity to give equal emphasis to the rights in the two Covenants and to build more partnership between them. She said her Office participated in the inter-agency committee on gender. To the Russian Federation, she said the promotion and protection of minority rights was also of concern to her Office.

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Statements

ALI HACHANI (Tunisia) said next year's commemoration of the Universal Declaration and the review of the Vienna Declaration and Programme of Action were an opportunity to reaffirm all commitments and promotion of human rights. The United Nations had played a leading role in providing the existing set of international instruments, which was a great achievement. Tunisia had signed most of them and had placed them at the top of the legislative hierarchy. It had undertaken a range of reforms to promote and strengthen the culture of human rights, including strengthening national human rights mechanisms. There had been amendments to the criminal and civil codes and procedures, action against gender discrimination, and the adoption of laws on the protection of minors, on persons in detention, on forced labour and on the rights of the child as well as on civil liberties.

Much progress had been made in the area of human rights education which had been used as a model for other countries. In Tunisia, tolerance was part of the Muslim faith, which viewed the value of tolerance as global. He stressed the importance of the right to development and said there was a need for equitable economic relations at the international level.

LUIS VALENCIA (Ecuador) said there was need to redouble efforts to ensure respect for and protection of human rights, and for measures to address such issues as rights of minorities, mass exoduses, armed conflict, terrorism and the rule of law. He welcomed the Secretary-General's reform that integrated human rights into all areas of the Organization's work. The international community must take all measures to prevent abuses. The protection of rights must be based on the principle of indivisibility, and the equal value of all human rights.

He said States had the duty to promote and protect all human rights and fundamental freedoms. A great deal still needed to be done to achieve the implementation of those rights. The Non-Aligned Movement stressed that it was urgent for States to establish effective constitutional guarantees for human rights for all, and it was important for the right to development to be emphasized. The main responsibility resided with the respective governments; the international community must assist them in their endeavours. The United Nations must play a central and guiding role in that field. There was need for better coordination among the treaty bodies and their cooperation with States parties. He agreed to the proposal on reform of reporting of States parties, the merging of treaty bodies and the functioning of those bodies.

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