THIRD COMMITTEE BEGINS REVIEW OF IMPLEMENTATION AND FOLLOW-UP OF VIENNA HUMAN RIGHTS CONFERENCE OUTCOME

2 November 1998

Press Release
GA/SHC/3491

THIRD COMMITTEE BEGINS REVIEW OF IMPLEMENTATION AND FOLLOW-UP OF VIENNA HUMAN RIGHTS CONFERENCE OUTCOME

19981102 UN High Commissioner for Human Rights Says Next Century Should Be Age of Prevention of Human Rights Violations

The next century should be an age of prevention of human rights violations, as actions always came too late for victims, the Third Committee (Social, Humanitarian and Cultural) was told this morning as it began a special discussion of comprehensive implementation of and follow-up to the Vienna Declaration and Programme of Action, adopted at the 1993 World Conference on Human Rights.

Beginning this morning's discussion, United Nations High Commissioner for Human Rights Mary Robinson stressed the need to address the root causes of conflict, which resulted in massive and gross violations of human rights.

She said human rights were becoming the common language of mankind; a common set of values that bound people together. The growing support for human rights worldwide, the internalization of the concept by people in all regions and growth of human rights education, showed that the international community was on the right track. Yet, in the last five years, there had been two genocides, millions of victims of famine and disease, victims of torture, and a growing discrepancy between those who enjoyed the fruits of development, and those who did not. There was no country whose human rights could not be improved.

Austria's representative, speaking on behalf of the European Union and associated States, supported the work of the Commission on Human Rights in drawing attention to human rights violations, addressing individual cases by means of the urgent appeal procedure, and making recommendations on how to address human rights problems. Stating that the increasing operationalization of human rights activities of the United Nations system required the provision of necessary resources, he called for regular budgetary allocations for the Office of the High Commissioner for Human Rights.

Third Committee - 1a - Press Release GA/SHC/3491 30th Meeting (AM) 2 November 1998

The representative of Japan said that while the responsibility to protect and promote all human rights fell first upon each Government, the importance of enhancing international cooperation in order to assist such efforts could not be overstated.

The level of resources available for technical cooperation in the field of human rights was not commensurate with the needs and the growing demand for assistance on the part of developing countries undergoing a vigorous process of democratic consolidation, said the representative of Brazil. One key issue was the persistent impediments to translating into practice the role of international cooperation in the integrated promotion of democracy, development and respect for human rights.

The representative of Cuba added that in the time elapsed since the World Conference, international cooperation in the field of human rights had been lessened by the selective, inquisitorial and arbitrary approaches used by the powerful for the sake of political advantages and to impose their own policy objectives.

Statements were also made by representatives of the United States, Bangladesh, Norway and Egypt.

The Committee will meet again at 3 p.m. today to continue its discussion of comprehensive implementation of and follow-up to the Vienna Declaration and Programme of Action.

Committee Work Programme

The Third Committee (Social, Humanitarian and Cultural) met this morning to begin consideration of the implementation of and follow-up to the Vienna Declaration and Programme of Action, adopted at the 1993 World Conference on Human Rights, held at Vienna.

The Committee had before it a note by the Secretary-General transmitting the final report of the United Nations High Commissioner for Human Rights on the implementation of the Vienna Declaration and Programme of Action (document A/53/372).

The report states that 1998, as well as being the fiftieth anniversary of the Universal Declaration of Human Rights, marks the anniversary of another watershed in the international promotion and protection of human rights -- the fifth anniversary of the World Conference on Human Rights at Vienna. The Vienna Declaration and Programme of Action were unanimously adopted by the 171 countries participating in the Conference. Contributions had also been made by 95 international organizations, and approximately 900 non-governmental organizations.

The five-year review of the Vienna Declaration requested by the General Assembly is an important part of the follow-up mechanism to the World Conference on Human Rights, it goes on. Reports submitted by Governments highlight positive developments that include human rights-oriented changes in national legislation; enlargement of national human rights capacities, including the establishment or strengthening of national human rights institutions; special protection extended to women, children and vulnerable groups; and the development of human rights education programmes.

The Vienna Declaration had made particular reference to the necessity for continuing adaptation of the United Nations human rights machinery to the current and future needs in the promotion and protection of human rights, the report states. Several steps have been undertaken to follow that recommendation, including the restructuring of the relevant part of the Secretariat.

According to the report, since the World Conference the international community has continuously reiterated the validity of the universality of human rights, recognizing that it is the duty of States to promote and protect all human rights and fundamental freedoms. However, the number of States that have not ratified the core human rights treaties remains distressing. Almost one third of all countries have not acceded to the International Covenant on Economic, Social and Cultural Rights, and the International Covenant on Civil and Political Rights. Declarations announcing withdrawals from treaty obligations have also been noted, and many States continue to maintain reservations to the treaties.

Third Committee - 3 - Press Release GA/SHC/3491 30th Meeting (AM) 2 November 1998

The need for international cooperation in the field of human rights, emphasized by the Charter of the United Nations, was forcefully reiterated by the World Conference, the report states. The focus on international cooperation has produced positive results. A trend can be noted towards broadening the area of international consensus in human rights matters, also regarding some issues that in the past prompted strong controversies. The most noteworthy is the consensus achieved on resolutions concerning the right to development, both in the General Assembly and the Commission on Human Rights.

The World Conference forged consensus around the concept of the interdependence between democracy, development and human rights, the report recalls. Without sustainable development strategies, human rights cannot be fully realized. The right to development includes the place of individuals in society, their participation in running public affairs at national and community levels, their personal, economic and social security, and their capacity to determine and realize their potential. As is the case with all human rights, domestic action is decisive for the implementation of the right to development.

Although a number of developing countries have experienced rapid economic growth in the recent past and have become dynamic partners in the international economy, the gap between developed and developing countries remains unacceptably wide and developing countries continue to face difficulties participating in the globalization process, the report goes on. Democracy has also raised development expectations everywhere, the non-fulfilment of which risks the rekindling of non-democratic forces. The Commission on Human Rights also called attention to the debt crisis, and emphasized that in order to find a durable solution to the problem, there was need for a political dialogue between creditor and debtor countries, based on the principle of shared interests and responsibilities.

Progress on the elimination of racism, racial discrimination, xenophobia and other forms of intolerance over the last five years could be symbolized by the collapse of apartheid in South Africa, according to the report. However, measures undertaken at international and national levels to combat racial and other forms of discrimination have not produced satisfactory results. Examples of genocide originated in racial and ethnic tensions; waves of refugees and internally displaced persons following ethnic cleansing or similar practices have all taken place since the World Conference on Human Rights.

The report notes that many States have strengthened the ability of women to exercise their rights. Steps have been taken by Governments to better reflect those rights in national law, and some countries have lifted reservations to the Convention on the Elimination of All Forms of Discrimination against Women. Despite many examples of progress, women

Third Committee - 4 - Press Release GA/SHC/3491 30th Meeting (AM) 2 November 1998

continue to be disproportionately subjected to violations of human rights: from domestic violence to brutalization in war, from harmful traditional practices to outright female infanticide.

Millions of victims of human rights violations are children, the report goes on. Although the importance of protecting children is a matter of global consensus, children continue to be the most vulnerable sector of society, particularly in situations of conflict or other emergencies. In response to the World Conference's call for the universal ratification of the Convention on the Rights of the Child, the goal has almost been achieved, and the "invisibility" of children on the international agenda has been reversed.

Movement from commitment to action remains crucial for improving the lives of the world's two billion children, says the report. Negative effects of poverty and structural adjustment; high infant mortality rates; malnutrition; child trafficking, sexual exploitation and bonded labour; inadequate health services and poor school attendance; persistent discrimination and cultural practices that harm the girl child; and a lack of recourse for the complaints of children are only some of the obstacles still to be removed.

The report also addresses the rights of indigenous peoples and persons belonging to national or ethnic, religious and linguistic minorities, internally displaced persons, migrant workers and disabled persons.

It further states that the World Conference had expressed its dismay at massive violations of international human rights, especially in the form of genocide, ethnic cleansing and systematic rape of women in war situations, creating mass exodus of refugees and displaced persons, and also emphasized that perpetrators of such crimes should be punished and such practices stopped immediately.

Although the five-year review was primarily intended to assist in the analysis of the practical impact of the Vienna Declaration and Programme of Action, it serves an even more important role by contributing to the identification of persistent challenges to the full implementation of international human rights standards that remain in all countries. The report suggests that the General Assembly may wish to examine the response to the following issues:

-- Strengthening the implementation of human rights at the national level: progress in that regard, for which the primary responsibility lies with Governments, remains the main challenge. Addressing matters of concern for different countries and regions in a balanced and cooperative way has proved to be a constructive method for the promotion and protection of human rights worldwide.

Third Committee - 5 - Press Release GA/SHC/3491 30th Meeting (AM) 2 November 1998

-- Making the system of international human rights instruments more effective: ratification of treaties, withdrawal of reservations, development of indicators and benchmarks for marking progress in the realization of rights and increasing the impact of treaty-based bodies all remain major objectives.

-- Giving effect to the principle that human rights are universal, indivisible and interdependent: the recognition of this principle was one of the critical aspects of the consensus reached by the World Conference.

-- Creating a favourable environment for human rights and human development: the eradication of extreme poverty, famine and illiteracy must be pursued as basic goals of the entire international community.

-- Preventing human rights violations: a comprehensive approach should be adopted by States and the international community, addressing the economic, social and other root causes of conflict from a human rights perspective, maintenance of the rule of law and strengthening of democratic institutions.

-- Enhancing national capacities, including national human rights institutions, to effectively promote and protect human rights: States should consider establishing and or strengthening national human rights structures and institutions.

Other issues the General Assembly may wish to examine are: taking effective action to address the phenomena that render large groups of people vulnerable; ensuring the equal status and the implementation of human rights of women; developing a culture of human rights through human rights education; strengthening the role of non-governmental organizations and civil society at large; and implementing the agreed conclusions adopted by the Economic and Social Council in the context of the five-year review of the implementation of the Vienna Declaration and Programme of Action.

Statement by High Commissioner for Human Rights

MARY ROBINSON, United Nations High Commissioner for Human Rights, said that five years ago, those who had convened the World Conference had recognized that the coinciding in 1998 of the five-year review of the Vienna Declaration and Programme of Action and the fiftieth anniversary of the Universal Declaration of Human Rights would give the world an opportunity to assess progress that had been made in human rights work. The debate that would be a part of that process should include all players, governments and non-governmental organizations.

The important human rights events of 1998 were not a cause for celebration, but for a renewed commitment to the promotion of human rights, she said. On the eve of a new millennium, humanity's primary challenge was to ensure universal respect for human dignity. The worldwide trend towards democracy and development did not make the preparations for the Vienna Conference easy, but did contribute to an atmosphere that led to the ultimate

Third Committee - 6 - Press Release GA/SHC/3491 30th Meeting (AM) 2 November 1998

success of the Conference. In the "Vienna plus Five" review, the international community should reconsider what must be done to protect human rights more effectively, and how to assist victims of human rights violations. The review had been carried out at national and international levels, and it offered the international community a chart for a course of action for the years to come.

She said she had heard it said that the creation of a United Nations High Commissioner for Human Rights had been one of the greatest achievements. "I, for one, am not that pessimistic", she said. In the years since the World Conference, human rights had moved to the forefront of the world agenda. There had been a growing awareness of the link between human rights and the most fundamental parts of society. An integrated approach to human rights, development and democracy had emerged. It was recognized that sustainable development, as well as peace and stability were crucial for the effective implementation of human rights. Even in processes such as globalization, if all were involved and protected, the positive impacts could be enjoyed by all, and the negative minimized.

The World Conference had boosted the vitality of the human rights community and the involvement of civil society, she said. After the Conference, the intensive activities of non-governmental organizations had continued. She stressed the significance of developing an integrated, system-wide approach within the United Nations to pursue human rights goals. The world was on the way to making human rights the common language of mankind. Human Rights had been proclaimed a common set of values that bound people together. The growing support for human rights worldwide, the internalization of the concept and growth of human rights education, showed that the international community was on the right track.

The progress over the last five years, the growing perception of the human rights dimension of problems of the world, the increasing human rights constituency, and the overall awareness of human rights showed that the progress made since Vienna was unquestionable, she said. But the world could not stop a this point. In the last five years, there had been two genocides, millions of victims of famine and disease, victims of torture, and a growing discrepancy between those who enjoyed the fruits of development, and those who did not.

There was no country whose human rights could not be improved, she said. There was a need to enhance national capacities and for greater dialogue with civil society. The six core treaties not only served as a decisive step and a shared legal basis for implementation, but also demonstrated the willingness of the international community to join a partnership to reach common goals. The current review could be instrumental in advancing this process. She called for determined action to create a favourable environment for that to materialize. Human rights should be implemented with full recognition of their impact for peace, security and stability. The value of that approach was only beginning to be appreciated.

Third Committee - 7 - Press Release GA/SHC/3491 30th Meeting (AM) 2 November 1998

There was a need for a broad human rights perspective, placing the human being at the centre, she said. The next century should be an age of prevention of human rights violations, for actions always came too late for victims. There was a need to address the root causes of conflict, which resulted in massive and gross violations of human rights. Until now, progress had been too slow and unbalanced even though the practical realization was a complex process that took time, but that should not be used as an excuse for not doing so. Concluding, she called for the contribution of all actors -- the non-governmental organizations, academic institutions, governments, the media, and the private sector, among others, in making the Vienna Declaration and Programme of Action a central policy document, which would continue to chart human rights activities for years to come.

Statements

HENRIQUE VALLE (Brazil) said his Government firmly believed the decisions taken at the Vienna Conference were extremely relevant. There had been an emphasis placed on the universality of human rights and their indivisible, interdependent and interrelated nature: the right to development; the relationship between democracy, development and human rights; the legitimacy of the international concern with human rights; the need to combat extreme poverty; and the defence of the environment. Also, the post of High Commissioner for Human rights had been established. Five years after the World Conference on Human Rights, the goals proclaimed were far from realization. Aside from strengthening freedom and dignity, efforts were also needed to eradicate poverty and to bring about development.

While the Vienna Declaration and Programme of Action had been a major achievement in the history of human rights within the United Nations, he said, that relevance had not been reflected in the priority given by the Organization to human rights. Efforts had been made, but the level of resources available for technical cooperation in the field of human rights was not commensurate with the needs and the growing demand for assistance on the part of developing countries, which were undergoing everywhere a vigorous process of democratic consolidation.

One key issue that should be addressed in the five-year review of the implementation of the Vienna outcome were the persistent impediments to translate into practice the priority attached to the role of international cooperation in the integrated promotion of democracy, development and respect for human rights. In Brazil's effort to further the implementation of the Vienna Declaration and Programme of Action, it would support the concept of mainstreaming human rights into the work of all United Nations departments, funds and programmes, and specialized agencies.

Third Committee - 8 - Press Release GA/SHC/3491 30th Meeting (AM) 2 November 1998

BETTY KING (United States) said that openness, transparency and accountability were essential to advancing the cause of universal human rights. By ratifying international human rights treaties, Member States could advance the implementation of universal human rights principles. Vienna had advanced an ambitious goal for universal acceptance. In 1994, the United States ratified both the Convention on the Elimination of All Forms of Racial Discrimination and the Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment. Ratification of the Convention on the Elimination of All Forms of Discrimination against Women was the next legislative priority.

The United States had been proactive in combating racism and racial discrimination, and an advisory board had been set up to bridge racial divides in the country, she said. In November 1997, her President had convened the first White House conference on hate crimes. The United States also had a long-standing commitment to implementing the idea that women's rights were human rights and to rooting out sex-based discrimination in American society. Children were among the most vulnerable victims of human rights abuses, and over the last several years, her country had passed a series of laws to combat child molestation and sexual abuse.

The Federal Government also worked with federally recognized American Indian and Alaska native tribes on many issues, she said. Since 1996, an inter-agency working group had met quarterly to coordinate federal and tribal initiatives on the health of children and youth, protecting the environment and natural resources, education, entrepreneurship and job training. Her country was also active in the international sphere, and she was confident that by working with all Member States and with the international human rights bodies greater things could be achieved, and the dream of human rights universality realized.

CHRISTIAN STROHAL (Austria), speaking on behalf of the European Union and Czech Republic, Estonia, Latvia, Lithuania, Poland, Romania, Slovakia, Slovenia, Cyprus and Iceland, said the current five year review of the Declaration and Programme of Action showed that the Vienna Conference had been a major event in the United Nations human rights history. The five-year review compelled the international community as a whole, as well as its parts, to review their commitment to the effective promotion and protection of human rights.

He welcomed the increased attention that had been paid to promoting the realization of economic, social and cultural rights and the right to development. On the other hand, as the Vienna outcome had stated, governments could not invoke a lack of development to justify an abridgment of human rights.

While applauding the work that had been done within the structure of the United Nations, he said that since the World Conference, the emphasis of the work of the Organization in the area of human rights had increasingly shifted

Third Committee - 9 - Press Release GA/SHC/3491 30th Meeting (AM) 2 November 1998

from conference rooms to the field. The World Conference had called for a comprehensive programme within the United Nations to assist States in building and strengthening national structures and capacities in the field of human rights. Since then, there had been a substantial increase in technical assistance projects undertaken by the Office of the High Commissioner for Human Rights.

He also supported the work of the Commission on Human Rights to draw attention to human rights violations, address individual cases by means of the urgent appeal procedure, and make recommendations on how to address human rights problems. The increasing operationalization of human rights activities of the United Nations system required the provision of necessary resources. He called for regular budgetary allocations for the Office of the High Commissioner for Human Rights.

JUAN ANTONIO FERNANDEZ PALACIOS (Cuba) said the mid-decade review of the Vienna Declaration and Programme of Action constituted an important momentum in the follow-up process of the World Conference on Human Rights. His Government would have wished the present debate to have taken place in the plenary of the General Assembly, and preceded by a more participatory process. He found it incomprehensible that the Vienna outcome was the only follow-up process on a major conference confined to the everyday work of a committee. The report contained in document A/53/372, which should have been the central framework of the current debate, did not live up to expectations, he said, adding that a complex wording characterized its format. Essential elements of the Vienna Programme had also been ignored.

If on one hand, the need to adapt, rationalize and simplify the mechanism of the United Nations in the field of human rights was still a pending subject, on the other hand, that adaptation could not be limited to the review of the Commission on Human Rights mechanisms, he said. The efforts towards that purpose had been shattered because of a lack of political will of the developed countries. The Third Committee's working group on human rights had been demobilized in practice, even before its mandate was fulfilled. His Government wanted to voice its concerns over the attempts to leave the review and adaptation of the United Nations mechanisms in the field of human rights out of the intergovernmental process. Also, in the time elapsed, the international cooperation in the field of human rights had been lessened by the selective, inquisitorial and arbitrary approaches used by the powerful for the sake of political advantages and to impose their own policy objectives.

ANWARUL KARIM CHOWDHURY (Bangladesh) said around the world, millions were still denied basic human rights of shelter, access to medical care, safe drinking water, education and work. The world was also plagued with incidents of ethnic hatred and acts of genocide. He cited among what his Government regarded as key concerns on the implementation of the Vienna outcome the following: States should take primary responsibility to ensure the implementation of the Vienna outcome at the national level, and should engage non-governmental organizations and grass-roots human rights activists; and the

Third Committee - 10 - Press Release GA/SHC/3491 30th Meeting (AM) 2 November 1998

effectiveness of human rights treaty bodies should be increased. Also, while implementing the Vienna outcome, the principle should be taken into account that human rights are universal, indivisible, interdependent and interrelated; and a favourable environment for observing human rights and ensuring human development could only be created through the eradication of poverty.

There was a widespread violation of human rights of civilian population during armed conflicts, which was a matter of priority concern, he said. Proactive measures at all levels were required to ensure the equal status and implementation of women's human rights. One of the most effective ways to develop a culture of human rights was through education; as education generated understanding, it must rank at the top of a core group of values to prevent violence and to breed tolerance. In recent years, the role of non-governmental organizations in complementing governments in promoting and protecting human rights had been strengthened. He called for further strengthening of that role, through cooperative and innovative approaches, to bring about an effective human rights regime, nationally and globally. Concluding, he said even small delays in implementation could mean more violations, more suffering.

YUKIO SATOH (Japan) said that while the responsibility to protect and promote all human rights fell first upon each Government, the importance of enhancing international cooperation in order to assist such efforts could not be overstated. Japan was committed to continuing its cooperation in the human rights field through the United Nations system, as well as through bilateral and multilateral arrangements. It placed particular priority on human development programmes. One example of that commitment was the Tokyo Agenda for Action, which was adopted at the Second Tokyo International Conference for African Development (TICAD II) last month. The Agenda laid out specific goals and actions that would be taken both by African countries and their development partners. On the issue of extreme poverty, which inhibits the full enjoyment of human rights, the Agenda makes it a goal to reduce the population living in extreme poverty by at least one half by the year 2015.

Another focus of Japan's human rights effort was the Asia-Pacific region, he said. With a view to developing a sense of partnership among the countries of the region, Japan had hosted three regional symposia on human rights, in cooperation with the United Nations University. Japan had also recently decided to make a contribution of $180,000 to the Human Rights Field Operation in Kosovo. Despite progress made, the global human rights situation was far from perfect, and many violations of human rights were systematic. He appealed to the international community to renew its commitment to ensure the full realization of all human rights.

JANIS BJORN KANAVIN (Norway) said his Government continued to be concerned over the lack of cooperation that some Governments displayed in refusing or restricting access by -- and communication with -- rapporteurs and other mechanisms. Turning to his Government's actions to implement the Vienna Declaration and Programme of Action, he said Norway had appointed a cabinet

Third Committee - 11 - Press Release GA/SHC/3491 30th Meeting (AM) 2 November 1998

minister for human rights, with the responsibility to see that the human rights perspective was taken into account and that the overall efforts to promote human rights were intensified in a coordinated, consistent manner. In order to strengthen the position of human rights in Norwegian law, the Government had recently presented a bill to the Parliament, proposing a new "Human Rights Act". That Act, to be adopted in a few months, would incorporate the European Convention on Human Rights and the International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights and their Protocols into Norwegian law.

Further, Norway had partially withdrawn its reservation to article 14, paragraph 5 of the International Covenant on Civil and Political Rights in September 1995, he said. The reservation was now limited to apply only in two specific and exceptional circumstances. The partial withdrawal had been made by significant amendments of the Criminal Procedure Act. According to that, a convicted person's right to appeal a judgement in respect of the assessment of evidence in connection with the question of guilt was no longer limited. The amendments to the Criminal Procedure Act also enabled his Government to withdraw its only reservation to the Convention on the Rights of the Child. His Government was now working towards making use of the twentieth anniversary of the Norwegian Gender Equality Act coming up in 1999 for critical review of the state of gender equality in Norway. Lastly, human rights education had been mainstreamed into all levels of education, including new educational materials and finalization for a new Master degree course in human rights at the University of Oslo.

MAGED ABDELAZIZ (Egypt) said that in the year in which the fiftieth anniversary of the Universal Declaration of Human Rights was celebrated, and in which the Vienna outcome was undergoing its five-year review, human rights questions had come to be the linchpins of daily life. The international community could be proud of the achievements so far, but there was still far to go to realize the objectives and aims of the United Nations Charter; many rules were still to be implemented. He reaffirmed that all human rights were universal, indivisible and interdependent, and must be dealt with on the same footing and with equal emphasis.

An important principle of the Vienna outcome had been that the first responsibility for implementing human rights fell on governments, and it did not encourage any action that could threaten the territorial integrity of any State that was abiding by international law, he said. Human rights were mutually reinforcing, and needed an atmosphere of democracy, justice and development.

Although development was an imperative for the exercise of human rights, it could not be achieved at the expense of human rights, he said. Egypt's commitment had been reflected in the fact that it had ratified 18 of the human rights conventions. It was totally committed to the application of its obligations, and to the principles of not politicizing human rights or using them as a pretext to interfere in the internal affairs of another State.

Third Committee - 12 - Press Release GA/SHC/3491 30th Meeting (AM) 2 November 1998

Human rights should not be used as a double standard in trying to influence others. The international community also needed to acknowledge a high degree of tolerance among its various faiths; acceptance of others and respect for others were essential.

* *** *