NEED FOR LEGAL REFORMS TO ENSURE GIRL CHILD'S HUMAN RIGHTS STRESSED IN TEXT INTRODUCED BY NAMIBIA IN THIRD COMMITTEE

Press Release
GA/SHC/3489

NEED FOR LEGAL REFORMS TO ENSURE GIRL CHILD'S HUMAN RIGHTS STRESSED IN TEXT INTRODUCED BY NAMIBIA IN THIRD COMMITTEE

The General Assembly would urge all States to take all necessary measures and to institute legal reforms to ensure the full and equal enjoyment by the girl child of all human rights and fundamental freedoms, under the terms of a draft resolution introduced this morning in the Third Committee (Social, Humanitarian and Cultural).

The Assembly would also stress the need for full and urgent implementation of the rights of the girl child, under further terms of the text introduced by the representative of Namibia. It would urge States to enact and enforce legislation protecting girls from all forms of violence, including female infanticide and prenatal sex selection, female genital mutilation, rape, domestic violence, incest, sexual abuse, sexual exploitation, child prostitution and child pornography.

Also this morning, the Committee began consideration of human rights questions, including the implementation of human rights instruments. Many of the speakers called for reform of the work of the treaty bodies that monitor the international human rights conventions.

The representative of Austria (on behalf the European Union and associated States) called for the treaty bodies to be reformed with a view towards reducing unnecessary burdens on States. More specific and focused recommendations of treaty bodies would allow for better implementation. Scrutiny by such bodies should not be perceived as a threat, but rather as an encouragement for addressing shortcomings and striving for further improvements.

The representative of Cuba said that in the work of the treaty bodies, a cooperative approach would work better than a punitive approach. Pointing out that the make-up of the six existing treaty bodies was mainly of groups from Western Europe, he also called for a balance of regional representation and respect for multilingualism in the treaty bodies' work.

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One of the most important ways to ensure the implementation of human rights was by strengthening the treaty bodies, said the representative of Bangladesh. He called for a reduction in the lengthy periodic reports that had to be submitted, noting their duplication. It was also important to ensure that all treaty bodies had adequate resources to address the backlog in their work. He recommended that they develop strong working relations with civil society, whose participation would enrich their work.

Reform of the treaty bodies was essential, said the representative of China. The problems included too frequent reporting, duplication of report content, heavy workload and serious delay in report consideration. He also said that States parties to human rights instruments had the right and the need to make relevant reservations to certain provisions in those instruments. The proposition that treaty bodies determined the admissibility of reservations was without any legal basis, he stressed.

An introductory statement was made by Elissavet Stamatopoulou-Robbins, Deputy to the Director, New York Office, Office of the United Nations High Commissioner for Human Rights.

Statements were also made by the representatives of the United States, Benin, Cameroon and the Czech Republic.

The Committee will meet again at 10 a.m. tomorrow, 30 October, to continue its consideration of the implementation of human rights instruments.

Committee Work Programme

The Third Committee (Social, Humanitarian and Cultural) met this morning to begin consideration of human rights questions, including implementation of human rights instruments.

The Committee had before it reports of the Human Rights Committee and the Committee against Torture, as well as five reports of the Secretary- General on: the status of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; operations of the United Nations Voluntary Fund for Victims of Torture; the status of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; implementation of General Assembly resolution 52/118 (on the effective implementation of international instruments on human rights, including reporting obligations under international instruments on human rights); and the status of the United Nations Voluntary Trust Fund on Contemporary Forms of Slavery.

The Committee also had before it notes by the Secretary-General transmitting the reports of the ninth and tenth meeting of persons chairing the human rights treaty bodies on effective implementation of international instruments on human rights, including reporting obligations under international instruments on human rights. Relevant sections of the report of the Economic and Social Council were also before the Committee.

The report of the Human Rights Committee (document A/53/40) reviews activities of the Committee between its last annual report and the close of its July session. During that time the Committee held three session and the reports of 21 countries were considered. It received 14 initial or periodic reports, submitted by Argentina, Cambodia, Chile, Costa Rica, Gabon, Israel, Kuwait, Kyrgyzstan, Lesotho, Mongolia, Peru, Republic of Korea, The former Yugoslav Republic of Macedonia and Venezuela. The reports of 86 States parties to the International Covenant on Civil and Political Rights, or nearly two-thirds of all States parties to the Covenant, were found to be in arrears.

The concluding observations adopted by the Committee with respect to the 21 reports considered are presented in the Committee's report on a country-by- country basis in the sequence followed by the Committee in its considerations. Overall, the report contains the Committee's conclusions on the fourth period reports of seven States (Senegal, Iraq, Belarus, Uruguay, Finland, Ecuador and Italy), the third periodic reports of two States (Cyprus and the United Republic of Tanzania), the second periodic reports of three States (Jamaica, Sudan and Algeria) and the initial reports of four States (Lithuania, Zimbabwe, Israel and The former Yugoslav Republic of Macedonia).

A summary of the Committee's consideration of communications received under the Covenant's Optional Protocol providing for receipt of individual

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communications is also contained in the report. Of 823 communications registered for consideration by the Committee under the Optional Protocol since 1977, the status of 293 communications had been concluded, including 223 in which violations of the Covenant were found; 245 cases had been found inadmissible; 124 had been discontinued or withdrawn; and 161 had not yet been concluded, of which 46 had been declared inadmissible.

In addition, pursuant to the notification by the Government of the Democratic People's Republic of Korea purporting to denounce the Covenant, the report contains a summary of the Committee's actions in considering the question of whether denunciation was permissible under the Covenant. Annex VII of the report contains the General Comments pertinent to the issue under the relevant article of the Covenant.

Other annexes to the report list the 142 States parties to the Covenant along with the dates of ratification and entry into force; a list of the 92 States parties to the Optional Protocol; a list of the 33 States parties to the Second Optional Protocol aiming at the abolition of the death penalty; and other detailed listings data underlying the Committee's work, such as the guidelines for the exercise of their functions by Members of the Committee and the status of reports considered during the period of review.

The report of the Committee against Torture, the treaty body monitoring the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, says that as of 22 May, the closing date of the twentieth session of the Committee, there were 105 States parties to the Convention. That treaty was adopted by the General Assembly in resolution 39/46 in December 1984, opened for signature in New York in February 1985, and entered into force in June 1987.

The Committee against Torture held two sessions since the adoption of its report for 1997. The nineteenth and twentieth sessions were held at Geneva from 10 to 21 November 1997 and 4 to 22 May 1998. On 19 May, a joint meeting was held by the Committee, the Board of Trustees of the United Nations Voluntary Fund for Victims of Torture, and the Special Rapporteur of the Commission on Human Rights on questions relating to torture. They discussed the question of impunity of perpetrators of acts of torture and the training of law enforcement officials and medical personnel to respect the right of individuals not to be tortured and to detect signs of torture.

During its twentieth session, the Committee reiterated its concern over the lack of time available during its two annual regular meetings to cope with the great complexity of its work and intensive pace of its operations resulting from the increase in the number of States parties to the Convention and the new cycle of periodic reports submitted by States parties. Article 19 of the Convention obliges States parties to the Convention to submit reports to the General Assembly.

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During its twentieth session, the Committee also revised its general guidelines regarding the form and contents of periodic reports. A third part was added, according to which States parties should provide information on measures they take to comply with the recommendations addressed to them by the Committee at the end of its consideration of their initial and periodic reports. The Committee also decided to designate thematic rapporteurs who, on the basis of reports of States parties and other information available to them, would bring to the attention of the Committee issues related to women's rights, children's rights and discriminatory practices relevant to the Convention.

In addition to the 16 reports that were scheduled for consideration by the Committee at its nineteenth and twentieth sessions, the Secretary-General had also received the initial reports of Iceland and Yugoslavia, the second periodic reports of Croatia and Tunisia, and the third periodic reports of Hungary and the United Kingdom. The Committee expressed concern at the number of States parties that did not comply with their reporting obligations: there were 34 States parties whose initial reports were overdue; 34 whose second periodic reports were overdue; and 30 whose third periodic reports were overdue. The reports of several States parties were more than five years overdue, despite reminders sent by the Secretary-General.

The following reports, listed in the order in which they were received by the Secretary-General, were before the Committee at its nineteenth session: Cyprus (second periodic report), Argentina (third periodic report), Portugal (second periodic report), Switzerland (third periodic report), Cuba (initial report) and Spain (third periodic report).

The following reports were before the Committee at its twentieth session: France (second periodic report), Norway (third periodic report), Guatemala (second periodic report), New Zealand (second periodic report), Germany (second periodic report), Peru (second periodic report), Panama (third periodic report), Kuwait (initial report), Sri Lanka (initial report) and Israel (second periodic report).

The annexes to the report include listings of the States that have signed, ratified or acceded to the Convention; States parties that have declared that they do not recognize the competence of the Committee provided for in article 20 of the Convention; States parties that have made the declarations provided for in articles 21 and 22 of the Convention; status of submission of reports by States parties under article 19 of the Convention; and views and decisions of the Committee under article 22 of the Convention.

The Secretary-General's report on the status of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (document A/53/253), says that in view of the high number of reports not submitted -- an obligation under article 19 of the Convention -- in 1996, the

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General Assembly stressed the need for regular exchanges of views between the Committee against Torture, the Special Rapporteur on torture and other relevant United Nations mechanisms and bodies, with a view to enhancing further their effectiveness and cooperation on issues relating to torture.

At its fifty-fourth session, on 17 April 1998, the Commission on Human Rights adopted resolution 1998/38, in which it called upon all Governments to implement fully the prohibition of torture and other cruel, inhuman or degrading treatment or punishment, and urged all Governments to promote the speedy and full implementation of the Vienna Declaration and Programme of Action. The Commission also reminded all States that prolonged incommunicado detention might facilitate the perpetration of torture and could in itself constitute a form of cruel, inhuman or degrading treatment. It stressed that acts of torture must be made an offence under domestic criminal law, and that acts of torture during armed conflict were considered a grave breach of the Geneva Conventions of 1949.

Under article 21 of the Convention, a State party may declare at any time that it recognizes the competence of the Committee against Torture to receive and consider communications to the effect that a State party claims that another State party is not fulfilling its obligations under the Convention. Under article 22, a State party may declare at any time that it recognizes the competence of the Committee to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim to be victims of a violation by a State party of the provisions of the Convention.

As of 15 July, 39 of the States parties to the Convention had made the declarations provided for in articles 21 and 22. In addition, two States parties, the United Kingdom and the United States, had made the declaration provided for in article 21 only.

The report of the United Nations Voluntary Fund for Victims of Torture (document A/53/283) notes that every year the fund receives voluntary donations from governments, non-government organizations and individuals. The number of contributing States has risen from five in 1982 to 37 in 1998. The report lists Member States that have contributed and the amount of their contribution. It also notes donations from several non-governmental organizations and individuals, and the status of pledges from governments as of 31 July.

As of 11 May, a total of $4.210 million was available for disbursement, according to the report. Requests for assistance increased to 118, seeking $6.8 million in 1998. The Board of Trustees made recommendations earmarking all available funds; $100 thousand related to urgent grants sought between meetings of the Board, payment of $3.266 million was now being made, and approximately $943 thousand was held pending further information. The report

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details the average percentage of requested amounts paid, the geographic distribution of grants, and where permission was granted, the recipient organizations.

Every second year, the General Assembly adopts resolutions calling for donations to the Voluntary Fund. Such a resolution is due at the current General Assembly session. In November 1997, the High Commissioner for Human Rights wrote to Member States who had never contributed, inviting them to do so, according to the report, which also details activities undertaken in commemoration of International Day in Support of Victims of Torture on 26 June.

The report of the Secretary-General on the status of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (document A/53/230) notes that as of 31 August, the Convention had been ratified or acceded to by Bosnia and Herzegovina, Cape Verde, Colombia, Egypt, Morocco, Philippines, Seychelles, Sri Lanka and Uganda, and signed by Chile and Mexico. It will enter into force when at least 20 States have ratified or acceded to it.

The Convention was adopted by General Assembly resolution 45/158 (1990). By its resolution 52/115 of December 1997, the Assembly requested the Secretary-General to provide all the facilities and assistance necessary for the promotion of the Convention through the World Public Information Campaign for Human Rights and the programme of advisory services in the field of human rights. It invited the organizations and agencies of the United Nations system and intergovernmental and non-governmental organizations to intensify their efforts with a view to disseminating information on and promoting understanding of the Convention.

The Committee has also before it the report of the Secretary-General on implementation of General Assembly resolution 52/118 (on the effective implementation of international instruments on human rights, including reporting obligations under international instruments on human rights) (document A/53/469) by the Commission on Human Rights, the human rights treaty bodies, the meeting of the persons chairing those bodies, and the Secretariat.

At its fifty-fourth session, the Commission on Human Rights examined the question of the effective implementation of international instruments on human rights, including reporting obligations under international instruments on human rights. The persons chairing the human rights treaty bodies convened for an extraordinary three-day meeting at the United Nations Office at Geneva from 25 to 28 February to pursue the reform process initiated at their previous meeting aimed at improving the effective implementation of international instruments on human rights.

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The report outlined plans of action of the Committee on the Rights of the Child aimed at improving the quantitative and qualitative support provided to it to strengthen follow-up to its recommendations at the national level, with additional support staff and funds for national-level activities. Since the Plan became operational in July 1997, the quality of country analyses and other key documents provided to the Committee had significantly improved. As of 5 August, $1,322,066.44 had been received to cover activities. The plan of action to strengthen the implementation of the International Covenant on Economic, Social and Cultural Rights through extrabudgetary resources had obtained, as at 5 August, $149,247, less than a third needed per year to implement it. Active preparations are under way to hire one expert staff member to strengthen the quantitative and qualitative secretariat input to the Committee and to follow its recommendations at the national level.

Also, the persons chairing the treaty bodies had requested the United Nations High Commissioner for Human Rights to prepare a global plan of action to enhance the resources available to all those bodies. Subsequently, the Commission on Human Rights had encouraged the High Commissioner to prepare a draft plan of action for consideration by the persons chairing the treaty bodies at their next meeting, which was held last September. Among others, it was suggested the human rights treaty bodies continue to identify possibilities for technical assistance in the course of reviewing the reports of States parties. Another suggestion was that parties avail themselves of technical cooperation projects and programmes available from the Office of the High Commissioner for Human Rights, such as assistance or training with drafting of State reports.

As requested by the persons chairing the treaty bodies, the Division for the Advancement of Women of the Secretariat had prepared a study on each treaty body's efforts to incorporate gender perspectives into its work and to make practical suggestions on that, the report states. The task of coordination in the United Nations system in the field of human rights has been facilitated by a growing understanding of the links between human rights and other activities undertaken by the United Nations system. Those institutions include agencies such as the International Labour Organization (ILO) (labour rights), United Nations Educational, Scientific and Cultural Organization (UNESCO) (the rights to education, to information and to participate in cultural life and freedom of opinion and expression), and the United Nations Centre for Human Settlements (Habitat) (the right to adequate housing).

According to the report, the High Commissioner cooperated with all those institutions through the Inter-Agency Executive Committees, which coordinated United Nations action in the areas of peace and security, economic and social affairs, humanitarian affairs and development. Through the Executive Committees, the High Commissioner could focus on mainstreaming human rights in all activities of the United Nations system. It would also provide human

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rights training to United Nations Secretariat departments, organizations and programmes, particularly to field personnel.

The report identified the main obstacle to the implementation of the international human rights instruments as the lack of financial and human resources, and expressed the hope the global plan of action for the treaty bodies would improve the support provided them in respect of research, analysis, communications and implementation at the national level.

The report by the Secretary-General on the status of the United Nations Voluntary Trust Fund on Contemporary Forms of Slavery (document A/53/339) noted that Fund beneficiaries could only be: representatives of non- governmental organizations who needed financial assistance to attend the sessions of the Working Group on Contemporary Forms of Slavery; those who could contribute to a deeper knowledge of the problems relating to contemporary forms of slavery; and individuals whose human rights had been severely violated as a result of contemporary forms of slavery.

The United Nations Voluntary Trust Fund on Contemporary Forms of Slavery was established in December 1991 pursuant to resolution 46/122 to financially assist non-governmental organizations dealing with issues of contemporary forms of slavery to participate in the deliberations of the Working Group. It was also created to extend humanitarian, legal and financial aid to individuals whose human rights had been severely violated as a result of modern forms of slavery.

The Fund is administered by the Secretary-General, with assistance from a Board of Trustees appointed on a three-year renewable term. Upon the recommendation of the Board, all the money available in 1997 had been spent for travel and project grants. As of July, voluntary contributions paid to the Fund were insufficient to allocate travel and project grants and that was responsible for the postponement of the fourth session of the Board. Contributions from Governments and non-governmental organizations between April 1993 and July amounted to $76,568.

The report of the ninth meeting of persons chairing the human rights treaty bodies (document A/53/125), held from 25 to 27 February in Geneva, states that, reaffirming the considerable importance to the opportunity for discussion and coordination, the chairpersons had agreed that universal ratification of the core human rights treaties constitutes an essential dimension of a global order committed to the full respect of human rights.

In order to give effect to the commitments undertaken by Governments in both the Vienna Declaration and Programme of Action (1993) and the Beijing Declaration and Platform for Action (1995), the chairpersons called on the United Nations system as a whole to accord an even higher priority to efforts

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to encourage and facilitate ratification of each of the six treaties by every State.

The report recommends that the High Commissioner for Human Rights produce a basic human rights training package for all United Nations personnel in the field, particularly those engaged in peacekeeping and other missions dealing with human rights issues, as well as national level officials, especially in relation to reporting and the content of the pertinent treaties.

The report of the tenth meeting of persons chairing human rights treaty bodies (document A/53/432), held from 14 to 18 September in Geneva, expresses the chairpersons' strong concern at the geographical and gender imbalances reflected in the composition of certain treaty bodies. It notes that the number of African experts in two of the committees is entirely unsatisfactory, and recognizes the election of members of the treaty bodies to be entirely up to States parties.

The report recommends that the Subcommission on the Prevention of Discrimination and Protection of Minorities draw on the expertise of the treaty bodies and the Committee on the Elimination of Racial Discrimination in preparing future studies on topics concerning ethnic conflict, education and racial discrimination, globalization in the context of the increase in incidents of racism, racial discrimination and xenophobia, affirmative action, migrant workers and the rights of non-citizens. It calls on the Office of the High Commissioner for Human Rights to develop a concerted and comprehensive action programme to promote universal ratification in cooperation with specialized agencies.

Draft for Introduction

By the terms of a 47-power draft on the girl child (document A/C.3/53/L.15), the Assembly would stress the need for full and urgent implementation of the rights of the girl child as guaranteed to her under all human rights instruments, including the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination against Women. It would urge States to take all necessary measures and to institute legal reforms to ensure the full and equal enjoyment by the girl child of all human rights and fundamental freedoms, and to take effective action against violations of those rights and freedoms.

States would also be urged to base programmes and policies for the girl child on the rights of the child, the responsibilities and duties of the parents and the evolving capacity of the girl child; and to prepare programmes for the girl child as part of their national action plans in order to implement fully the Beijing Platform for Action. They would be further urged to enact and enforce legislation protecting girls from all forms of violence, including female infanticide and prenatal sex selection, female genital

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mutilation, rape, domestic violence, incest, sexual abuse, sexual exploitation, child prostitution and child pornography.

The Assembly would further call upon all States and organizations to set goals and to develop and implement gender-sensitive strategies to address the rights and needs of children; to take into account the rights and particular needs of the girl child, especially in education, health and nutrition, and to eliminate negative cultural attitudes and practices against the girl child; to generate social support for the enforcement of laws on the minimum legal age for marriage, in particular by providing educational opportunities for girls; to give attention to the rights and needs of adolescent girls, which call for special action for their protection from sexual and economic exploitation and abuse, harmful traditional and cultural practices, teenage pregnancy and vulnerability to sexually transmitted diseases and HIV/AIDS; to review teaching materials, including textbooks, to promote self-esteem of women and girls through positive self-images and to revise these materials; to take measures to increase awareness of the potential of the girl child and to promote gender-sensitive socialization of boys and girls from early childhood; and to provide adequate infrastructure and support services to respond to the needs of the survivors of violence against women and girls, ad to assist them towards full recovery and reintegration into society.

By further terms of the text, the Assembly would urge States to eliminate all barriers so as to enable girls, without exception, to develop their full potential and skills through equal access to education and training; and to take special measures for the protection of children, in particular to protect girls from rape and other forms of sexual abuse and gender-based violence in situations of armed conflict. It would also urge States to implement measures to protect women and girls from all forms of violence, and would request all States to implement, on an urgent basis, measures to protect children from all forms of sexual exploitation.

Governments would be called upon to encourage efforts by civil society and non-governmental organizations, including women's organizations, to establish community-based groups or local communities that could assist with the safety and welfare of children by further terms of the text, and the Commission on Human Rights would be called upon to pay particular attention to the human rights of the girl child when considering the human rights of women, in particular those relating to economic resources.

Under other terms of the draft, the Secretary-General would be requested, as Chairman of the Administrative Committee on Coordination, to ensure that all organizations and bodies of the Untied Nations system take into account the rights and the particular needs of the girl child, especially in education, health and nutrition, and eliminate negative cultural attitudes and practices against the girl child in the implementation of the outcomes of all recent global conferences, in particular the Platform for Action of the

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Fourth World Conference on Women, and of the system-wide medium-term plan for the advancement of women for the period 1996-2001.

The draft resolution is sponsored by: Afghanistan, Angola, Antigua and Barbuda, Bangladesh, Barbados, Belarus, Bolivia, Bosnia and Herzegovina, Botswana, Burkina Faso, Canada, Cape Verde, Chile, Congo, Cuba, Cyprus, Dominican Republic, Ecuador, Eritrea, Ethiopia, Ghana, Guinea, Haiti, Honduras, Hungary, Jamaica, Kenya, Lesotho, Liberia, Malawi, Malaysia, Mali, Mauritius, Monaco, Mongolia, Mozambique, Namibia, Nigeria, Rwanda, San Marino, South Africa, Turkey, Uganda, United Republic of Tanzania, Venezuela, Zambia and Zimbabwe.

Introductory Statement

ELISSAVET STAMATOPOULOU-ROBBINS, Deputy to the Director, New York Office, Office of the United Nations High Commissioner for Human Rights, in her introductory statement, summed up the various reports that were before the Committee. She stressed the current efforts to enhance the effectiveness of human rights treaty bodies, particularly by moving toward a more focused system of State reporting and a better follow-up to recommendations addressed by treaty bodies to reporting States.

She drew attention to a statement on globalization and its impact on the enjoyment of economic and social rights; the Committee on Economic, Social and Cultural Rights had emphasized that globalization was not necessarily incompatible with the principles of the Covenant or with the obligations of Governments, she went on. However, if it was not complemented by appropriate additional policies, globalization risked downgrading the central place accorded to human rights by the United Nations Charter and the International Bill of Human Rights. In that connection, the Committee emphasized that international financial organizations, in particular the International Monetary Fund and the World Bank, had a responsibility to take measures to assist Governments to act in ways compatible with their human rights obligations and to devise policies and programmes that promoted respect for those rights.

She also said the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families had been ratified or acceded to by only nine States. Another 11 States were required to adhere to its provisions before those rights became operational. She said Government representatives had agreed with the six Committee chairpersons that the work of the treaty bodies constituted "core functions" of the United Nations, and, in particular, of the Office of the High Commissioner for Human Rights. Those activities should be adequately serviced from the regular budget of the United Nations.

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Organization of Work

The representative of Canada said he was concerned with the programme of work regarding the agenda item on the implementation and follow-up of the Vienna Declaration and Programme of Action. He asked what arrangements were in place to ensure an appropriate opportunity for interaction between Governments and representatives of civil society. Clarification on that was needed, so that delegations and NGOs could prepare for the debate. He hoped a clarification would be forthcoming by tomorrow.

ALI HACHANI (Tunisia), Committee Chairman, said he would raise the question with the bureau of the Committee.

The representative of Egypt said the issue raised by the representative of Canada should have been tackled in the Committee itself.

The representative of Cuba felt a subject of such importance should have been brought up earlier, at the plenary, and not taken two days before the debate. He went on to ask what facilities and guarantees, in terms of financing, were available to ensure broad representation of civil society.

The Committee Chairman said the issue had been brought to the attention of the bureau, which had been trying to consult regional groups and had thought a way would be found to reach a positive conclusion, whereby NGOs could make their contribution to the follow-up plan. The issue could not be debated in the present meeting of the Third Committee.

The representative of the United States said there had been no opportunity to find out what the NGO input would be from the NGOs themselves. If a clarification was not possible soon, the debate would be over before the subject came up. The issue of the input of civil society was crucial to the debate on human rights.

The Chairman said he would take it up with the bureau, but the bureau acted on the rules set up by the General Assembly. Thus, he could not make a commitment to have a clarification by tomorrow.

The representative of Syria said the organization of the work programme had been adopted in a plenary meeting and that the issue raised should have been raised at that time.

The representative of Algeria said the bureau was not in a position to give an answer; it was up to the Committee. The organization of work had been adopted. If the question persisted, it would have to be taken up at a plenary of the Third Committee.

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The representative of Zambia proposed that the Committee take up the issue at an informal meeting when it could hear from the bureau what arrangements had been made. While Zambia supported the participation of NGOs, the issue of the modality of their participation was an issue. That was, NGOs would have to be inclusive and representative, and that was not possible at this late hour.

The representative of China said the representative of Canada had raised an important issue. But that was a matter of procedure of the General Assembly, and thus, he supported the proposal that the issue be debated at the Third Committee so that the views of all delegates could be heard.

The Chairman said Zambia's representative had proposed that an informal meeting be held to allow the bureau to report to the Committee on the arrangements for the debate. With that, he suspended the formal meeting.

When the meeting resumed the Committee began its debate on human rights questions.

Statements

SETH WINNICK (United States) said torture was an egregious violation of human rights and the inherent dignity of the individual. Tyranny could only survive on a substrate of fear, and it was fear that torture sought to instill -- in the individual, the family, the community, and in society at large. The devastating impact of torture could never be entirely erased from memory, but with specialized care, victims of torture could recover their lives. Over the last 15 years, treatment centres for the victims of torture had been established around the world. The first was established in Copenhagen in 1982, and in the same year the General Assembly recognized the need for international support for treatment centres by establishing the Voluntary Fund for Victims of Torture. Now there were nearly 200 treatment centres in more than 50 countries.

By putting the spotlight on such practices, the centres also served to pressure violators to eliminate torture, he continued. Evidence produced by the centres was used by the Committee against Torture and the Special Rapporteur on torture, and in bilateral diplomatic efforts. In the United States, this year's Torture Victims Relief Act provided assistance and funding for torture victims residing in the United States and for victims abroad through the United States Agency for International Development and contributions to the United Nations Voluntary Fund for Victims of Torture. The Fund provided critical support to treatment centres around the world, but fewer than 25 States currently contributed to it. The United States was eager to see the circle of partners in that endeavour expand.

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ENGELBERT THEUERMANN (Austria), speaking on behalf of the European Union and the Czech Republic, Estonia, Latvia, Lithuania, Poland, Romania, Slovakia, Slovenia, Cyprus and Liechtenstein, said that universal ratification of the United Nations human rights treaties was essential for ensuring the global dimension of the protection of human rights. He welcomed the progress that had been made in the number of ratifications of human rights treaties since the Vienna World Conference on Human Rights, and called on all States that had not done so to sign and ratify the core human rights instruments. He also welcomed the initiation by China of the ratification process of the International Covenant on Economic, Social and Cultural Rights and its recent signature of the International Covenant on Civil and Political Rights, hoping for fast ratification and subsequent implementation of both instruments.

He expressed serious concern about the recent withdrawals from the first Optional Protocol to the International Covenant, and about the rising number of unacceptable reservations to human rights treaties. The Union was particularly worried about the large number of reservations to the Convention on the Elimination of All Forms of Discrimination against Women. Once ratified, human rights treaties called for continuous efforts to ensure that the standards contained therein became a reality on the national level. That was a prime responsibility of Governments. As part of their treaty obligations, States parties must also cooperate with treaty bodies set up to monitor implementation.

The European Union was open to scrutiny by regional and international bodies monitoring human rights, he said. That was not perceived as a threat, but rather as an encouragement for addressing shortcomings and striving for further improvements. He welcomed the efforts to reform the work of the United Nations treaty bodies, and called on those bodies to pursue reform with a view towards reducing unnecessary burdens on States and ensuring adequate and timely reporting and examination. While the Union believed the treaty monitoring system was an outstanding achievement, it remained concerned over the serious difficulties that persisted with regard to the reporting procedures under international human rights treaties. Reporting was a cornerstone of the international protection of human rights and must be taken seriously.

More specific and focused recommendations of treaty bodies would allow for better implementation, he said. That included the identification of specific possibilities for technical assistance to be provided by the United Nations. Recommendations of treaty bodies should also be widely disseminated, in particular within the State party concerned.

ANWARUL KARIM CHOWDHURY (Bangladesh) said one of the most important ways to ensure the implementation of human rights was by strengthening the human rights treaty bodies. The meetings of chairpersons of human rights treaty bodies had been useful, and Bangladesh agreed with their conclusions and

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recommendations. The most important of those was ensuring all treaty bodies had adequate resources to improve the staffing situation and to address the backlog of work. The proposed global plan of action to enhance the resources available to the human rights treaty bodies should address the particular needs of those treaty bodies that did not benefit from a treaty-specific plan of action.

In order to improve the work of the treaty bodies, the lengthy periodic reports, as well as their duplication, should be reduced, he said. There should be no long delays of their submission and their examination. Delays of reports, of up to three years, must not be acceptable. If needed, such treaty bodies should hold more meetings to take up those reports. Technical briefings for experts of the human rights treaty bodies would also increase the efficiency of those bodies. Treaty bodies could also benefit from cooperation with specialized agencies, funds and programmes of the United Nations and regional organizations. At present, such cooperation was rather limited. Lastly, treaty bodies should develop strong working relations with civil society, whose participation would enrich the work of those bodies.

XIE BOHUA (China) said States parties to human rights instruments had the right -- as provided for in the Vienna Convention on the Law of Treaties and as illustrated by international practice regarding reservations -- and the need to make relevant reservations to certain provisions to those instruments. In terms of law of treaties, the observations and recommendations made by the treaty bodies on reservations lodged by States parties were not legally binding. The proposition that treaty bodies determine the admissibility of reservations was without any legal basis.

The reporting mechanisms of some human rights instruments had played an important role in monitoring the implementation of conventions by States parties, he said. However, problems in recent years included too frequent reporting, duplication of report content, heavy workload and serious delay in report consideration by the treaty bodies. Reform was essential. Treaty bodies should work within their mandates and increase efficiency. With regard to the implementation of certain provisions that also appeared in other treaties, one way of solving the problem would be for States parties to present a comprehensive report in a core document. The improvement of monitoring mechanisms would help to promote the effective implementation of human rights instruments.

He thanked the representative of Austria for his endorsement of China's ratification process of the International Covenant on Economic, Social and Cultural Rights and its signature of the International Covenant on Civil and Political Rights. However, many countries signed and ratified those Covenants each year. If the representative of Austria was going to mention China, it should also mention the others.

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RODOLFO REYES RODRIGUEZ (Cuba) said that, regarding the approaches to the work of the treaty bodies, his Government favoured the cooperation approach over the punitive approach as that worked better. That approach introduced debate and dialogue. The legal mandate of the treaty bodies was the text that engendered it. Thus, the Committee should limit the scope of the mandate given to them. Pointing out that the make-up of the existing treaty bodies was mainly of groups from Western Europe, he called for a balance of regional representation, as well as for respect for multilingualism in the treaty bodies' work. The basic work document should be the reports presented by State bodies. His Government was concerned with the politicization of the treaty bodies, which ultimately worked against their credibility. In many cases, their mandate had been established or negotiated through non-transparent mechanisms.

Universal ratification should include all human rights instruments without exception, he said. With respect to human rights instruments, the treaty bodies only dealt with six rights instruments. A rights-based approach would contribute to the reorientation and reorganization of priorities for the work of the treaty bodies. Expressing support for the work of the Office of the High Commissioner for Human Rights, he said its work should be broad, participatory and transparent, and include the participation of developing countries.

THOMAS D'AQUIN OKOUDJOU (Benin) said that when the founding fathers of the United Nations put human rights concepts into the Charter of the Organization, they were drawing from Fascist crimes against humanity; they were trying to eliminate forever the spectre of war and murderous conflicts. Non-respect for human rights was one of the basic factors in conflict. When human rights were not respected, conflict was often the result. Murderous and genocidal conflicts were a result of ethnic tensions and a rise in religious aggression and the exacerbation of racial and ethnic-based policies. The democratization of political power and good governance was a way to protect human rights.

His country was seriously concerned with this pursuit, he said. With solidarity, and good political will, Benin's development partners contributed to the promotion of the development of democracy in the country. But economic and social rights were difficult to guarantee. People should have enough food to eat, and clothes and shelter. Civil and political rights were empty without development, and could not be exercised in situations of poverty. At the same time, policies of development should be undertaken with human rights in mind.

JEAN-SIMPLICE NDJEMBA ENDEZOUMOU (Cameroon) said various human rights instruments had been helpful in combating all forms of discrimination and violations of a variety of rights. Her Government had acceded to most of those instruments. Despite progress, there were still hotbeds of great

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concern where torture and various forms of inhuman treatment and abuses were continuing. Those rights had to be protected. The international community should be further mobilized, and pay particular attention to the right to development, as well as to civil, political and social rights. Those rights went hand-in-hand and were necessary to address and eliminate poverty, which was the main cause of destabilization. Those rights would also ensure and further human dignity.

Her Government had been committed for more than a decade to the liberalization and democratization of Cameroon's institutions and to strengthen the rule of law. That was reflected in the number of political parties and newspapers. Censorship had been abolished. The Government had reviewed the Constitution and had provided for new democratic institutions and equality before the law, including the protection of minorities. In 1990, an agency had been set up to protect fundamental freedoms and human rights. Those measures explained why Cameroon had been able to foster peace and prosperity. Its only regret was its border conflict with Nigeria, which did not seem interested in complying with international conventions.

NADEZDA HOLIKOVA (Czech Republic) said that, as a democracy, her country supported the current work of the open-ended working group of the Commission on Human Rights on a draft optional protocol to the Convention against Torture. Its recent seventh session in Geneva was held without any substantial progress. When the idea of the optional protocol was first presented in the early 1980s, along with the draft Convention itself, the communist Government of Czechoslovakia did not welcome it. Ruling the country on totalitarian principles, that Government was opposed to preventing torture through the mechanism of independent visits, hiding behind the principle of state sovereignty. It tolerated the use of violence against detained persons as a mechanism of state investigation.

That had changed with the transition to a democratic system of government, she said. The Government of the Czech Republic believed that visits to any person under the jurisdiction of the State party, in cooperation with the State party would lead in the end to evident improvement of the situation. It supported all the guiding principles of the work of the working group. After seven years of more or less successful work, the working group needed much higher attention from responsible United Nations bodies.

Introduction of Draft Text

HAZEL DE WET (Namibia) introduced the draft resolution on the girl child (document A/C.3/53/L.15).

She made the following oral amendments to operative paragraph 19: the words "calls upon" should be replaced by the world "requests"; the words "when considering the human rights of women, in particular those relating to

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economic resources" should be deleted. That paragraph, as orally amended, would read: "requests the Commission on Human Rights to pay particular attention to all the human rights of the girl child;"

The following countries joined as co-sponsors of the draft: Australia, Austria, Bahamas, Belgium, Benin, Cameroon, Denmark, France, Germany, Greece, Indonesia, Ireland, Italy, Japan, Finland, Brazil, Slovenia, Suriname, Spain, Sweden, Swaziland, United Kingdom, Uruguay, Luxembourg, New Zealand, Portugal, Norway, Trinidad and Tobago, Netherlands, Panama, Bulgaria, Iceland, Bhutan, Romania, Ukraine, Colombia, Costa Rica, Micronesia, El Salvador, Czech Republic, Democratic Republic of the Congo, Croatia and Côte d'Ivoire.

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