Human Rights Committee

Seventy-fourth Session

1985^th Meeting (AM)

HUMAN RIGHTS COMMITTEE OPENS THREE-WEEK HEADQUARTERS SESSION

The Human Rights Committee began its annual three-week Headquarters session this morning, with an address made on behalf of the United Nation’s High Commissioner for Human Rights and the adoption of its agenda and work programme.  It also heard progress reports from the chairpersons of its working groups.

The Committee was established to monitor implementation of the International Covenant on Civil and Political Rights and its related Protocols in the territory of the States parties to that Treaty.  Its 18 independent members -- experts in the field of human rights  -- serve for a period of four years.  The Committee meets three times a year for three-week sessions, which are normally held in March at Headquarters in New York, and in July and November at the United Nations Office in Geneva.  (For additional background information, see Press Release HR/CT/612 issued 14 March.)

Michael O’Flaherty, Deputy to the Director, ad interim, spoke on behalf of Mary Robinson, the United Nations High Commissioner for Human Rights (UNHCHR) and briefed the Committee on the High Commissioner’s recent visit to Afghanistan.  During that visit she attended the first Afghan national workshop on human rights. The workshop brought the Interim Administration, the emergency Loya Jirga Commission and civil society from around the country, together to plan implementation of the core human rights provisions of the Bonn Agreement.

During that workshop, four standing working groups were created to address the establishment of an independent human rights commission for Afghanistan, issues of accountability and transitional justice, and a national programme of human rights education and women’s rights.  They would provide a useful framework for discussing the best ways to establish mechanisms to ensure respect for the rule of law and human rights.  Chairman of Afghanistan’s Interim Administration, Hamid Karzai, also announced his commitment to establish a truth commission, which would seek to uncover atrocities and seek accountability for perpetrators of past human rights abuses.

Mr. O’Flaherty said the most pressing issue in Afghanistan today was human security.  Until the Interim Authority became effective in protecting Afghans from serious violations, which were still ongoing, the extension of the mandate of the International Security Force beyond Kabul was imperative.  The Committee’s experience and advice would be greatly appreciated in efforts to assist Afghans to establish human rights, he stressed.

Turning to the principal activities of the Committee, namely the examination of State reports and consideration of the Optional Protocol, he said this session

would be a litmus test in terms of follow-up activities on concluding observations.  National human rights institutions as well as non-governmental organizations would pay particular attention to the modalities of follow-up on concluding observations that would be adopted at this session.

Maxwell Yalden (Canada), Chair of the Working Group on Article 40, said the Group had held six meetings between 11 and 14 March.  The group adopted a list of issues on the initial report of Moldova, the third periodic report of Yemen and the third periodic report of Togo.  It further examined and adopted a list of issues on the situation of civil and political rights in Suriname prepared in the absence of that party’s report.  Finally, the Group examined modalities for follow-up on concluding recommendations on periodic reports.  It also adopted a number of recommendations that would be submitted to the Committee shortly.

[According to Article 40, States Parties to the Covenant undertake to submit reports on the measures they have adopted which give effect to the rights recognized in the instrument and on the progress made in the enjoyment of those rights.  The Committee shall study those reports and transmit its own reports, and general comments it may consider appropriate, to the States Parties.  The Committee may also transmit to the Economic and Social Council those comments along with the copies of the reports it has received from States Parties].

Eckart Klein (Germany), Chairman of the Working Group on Communications, said that during its one-week session –- held 11 to 15 March –- the group, by unanimous decision, had declared one communication admissible.  It also adopted recommendations of the admissibility and views for consideration in plenary.

The three countries presenting reports during this session -- Georgia, Sweden and Hungary -- are among the 148 States parties to the International Covenant.  The Committee had also been scheduled to examine the report of Viet Nam during the current session, but representatives of the country's Foreign Ministry requested more time to prepare the report.  That report will now be presented in July.

The Committee, as a monitoring body, periodically examines reports submitted by States parties on their promotion and protection of civil and political rights.  Representatives of those governments introduce their country reports and respond to oral and written questions.  Also during the session, the Committee will for the first time examine implementation activities of a country in the absence of a report -- in this instance, the second periodic report of the Gambia.

The Committee will meet again at 3 p.m. to begin consideration of the report of Georgia.

Statement

MICHAEL O’FLAHERTY, Deputy to the Director, ad interim, spoke on behalf of Mary Robinson, the United Nations High Commissioner for Human Rights (UNHCHR).  He said that during its last session, the Committee wisely postponed consideration of Afghanistan’s report given the situation in that country at the time.  That nation now stood at the crossroads.  After years of war, its people wanted to return to a time without abuse by their own leaders; the ability to choose their own destiny without foreign interference; and restoration of their place in the family of nations.  He then briefed the Committee on Mrs. Robinson’s recent visit to Afghanistan. 

During that visit she attended the first Afghan national workshop on human rights.  The workshop brought together 90 representatives of the Interim Administration, the emergency Loya Jirga Commission and civil society from around the country, to undertake joint planning for the implementation of the core human rights provisions of the Bonn Agreement.

He said that four standing working groups were established during the workshop.  Those groups would address the establishment of an independent human rights commission for Afghanistan, issues of accountability and transitional justice, and a national programme of human rights education and women’s rights.  They would provide a useful framework for discussing the best ways to establish mechanisms to ensure respect for the rule of law and human rights in the country.   The Chairman of Afghanistan’s Interim Administration, Hamid Karzai, also took a much welcomed step during the workshop, by announcing his commitment to establish a truth commission for the country.  That commission would seek to uncover atrocities committed over two decades of war and to ensure accountability for perpetrators of past abuses of human rights.

He said the most pressing issue in Afghanistan today was human security, and the responsibility to restore it lay with the Interim Administration.  Until that entity became effective in protecting Afghans from serious violations (which were still ongoing outside of Kabul, particularly in Mazar-i-Sharif and the north of the country, the extension of the mandate of the International Force beyond Kabul was imperative.  The Committee’s experience and advice would be greatly appreciated in efforts to help Afghans establish human rights.

He said the events of 11 September had overshadowed the results of the World Conference Against Racism, concluded in Durban only a few days before.  But in the aftermath, it had become clear that those events had added even greater relevance to the commitments of the Conference to eliminate, racism, xenophobia and religious intolerance.  The final versions of the Durban Declaration and Programme of Action became available in early January.  They were discussed at length in the Third Committee (Social, Humanitarian and Cultural) and had now been finally endorsed.  The debates showed that while not every Member State endorsed every aspect of the Conference, the Programme of Action provided the international community with a solid framework for combating racism and discrimination in all their pervasive forms.  The Durban commitments now had to be carried forward.

He was also pleased to report that the funds sought from the regular budget for the permanent posts in the new Anti-Discrimination Unit which Mrs. Robinson had established had been approved.  That Unit, which had been operating on a

provisional basis, could now proceed to take the lead in developing and implementing the role envisaged for Mrs. Robinson’s Office in the follow-up to Durban.  It was hoped that the Committee would be able to formulate some concrete recommendations in that respect.

Turning to the principal activities of the Committee, namely the examination of State reports and consideration of the Optional Protocol, he said this session would be a litmus test in terms of follow-up activities on concluding observations.  National human rights institutions as well as non-governmental organizations in many of the countries concerned would pay particular attention to the modalities of follow-up on concluding observations, which the Committee would adopt at this session.

He said that today, at the opening of the annual session of the Human Rights Commission in Geneva, Mrs. Robinson had said that this would be her last address to that body as High Commissioner.  Last year the Secretary-General had prevailed on her to serve for one more year.  When she agreed, she never envisaged the ensuing events.  Last year had been a year that challenged everyone and that highlighted the appeal for a strong and independent human rights office prepared to speak out for all States in all circumstances.  In her remaining six months she would serve with great enthusiasm and to the best of her abilities.  She would also be proud to leave behind an office that had developed strict standards of professionalism, and one that played a clear and vital role in the work of the United Nations.

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