COMMISSION ON HUMAN RIGHTS CONSIDERS REPORT OF HIGH COMMISSIONER FOR HUMAN RIGHTS

COMMISSION ON HUMAN RIGHTS CONSIDERS REPORT OF HIGH

COMMISSIONER FOR HUMAN RIGHTS

High Commissioner Urges All Parties in Iraq

Conflict to Respect Human Rights Norms at all Times

(Reissued as received.)

      GENEVA, 21 March (UN Information Service) -- The Commission on Human Rights this morning considered the report of the High Commissioner for Human Rights and follow-up to the World Conference on Human Rights.

Before he introduced his report, High Commissioner Sergio Vieira de Mello urged all parties in the Iraq conflict to honour their obligations under international law and to respect human rights norms at all times.  He said that for some two decades, the people of Iraq had been subjected to wars, internal conflicts, economic sanctions and denial of the whole spectrum of their rights.  One could only feel a great solidarity with them and hope their ordeal would soon come to an end.

The High Commissioner then outlined his medium-term vision for the work of his Office, announcing a series of initiatives, proposals and reforms aimed at enhancing the Office’s efficiency, increasing emphasis on practical activity at the national level, and developing national protection systems that created mandatory human rights standards and emphasized the role of the judiciary.

A number of speakers took the floor to comment on the report, debating, among other things, whether the Commission should develop a code of guidelines for access to its membership as well as a code of conduct for members while they served on it.

Among those in favour of such a code was the United States which said that nations of conscience could not allow the Commission to become a protected sanctuary for malefactors.  Human rights abusers could not be allowed to undermine the Commission from within.  Only real democracies with regularly scheduled multi-party elections, independent judiciaries and Constitutional guarantees of human rights deserved membership on the Commission.

India, on the other hand, said that the fact that the work of the Commission had become highly politicized made it even more difficult to envisage a situation where Member States might agree to such codes.  The game of selective naming and shaming could only harm the cause of the protection and promotion of human rights. China said that it was time to discard the approach of selectivity and political confrontation, replacing it with dialogue and cooperation for the comprehensive realization of civil, political, social, economic and cultural rights, and the right to development.

The need to develop and support national human rights institutions, and the indivisibility of all human rights were two other issues which were addressed by many speakers.

Representatives of Algeria, Cuba, Pakistan (on behalf of the Organization of the Islamic Conference), Bahrain, Greece, Costa Rica, Mexico, China, Cuba, Algeria, Ukraine, Canada (on behalf of Australia and New Zealand), Thailand, Russian Federation, Egypt, Nepal, Norway, Eritrea and Indonesia addressed the Commission with statements on the organization of the work of the Commission and the report of the High Commissioner.

The following non-governmental organizations (NGOs) also took the floor:  the Association for World Education (on behalf of other NGOs) and Human Rights Watch.

When the Commission reconvenes at 3 p.m., it will start its consideration of the right of peoples to self-determination and its application to peoples under colonial or alien domination or foreign occupation.

Documents on the Report of the High Commissioner for Human Rights and Follow-Up to the World Conference on Human Rights

Under this agenda item, the Commission has before it the Report of the United Nations High Commissioner for Human Rights and Follow-Up to the World Conference on Human Rights  (document E/CN.4/2003/14).  In it, the High Commissioner sets out some of the urgent protection challenges facing the Commission and the international community and calls for strengthened action to prevent gross violations of human rights, enhance protection, and integrate human rights in the peacemaking, peacekeeping, developmental and humanitarian activities of the United Nations.  The High Commissioner also advances ideas to take forward the reforms called for by the Secretary-General in the field of human rights.  The report says, among other things, that people around the world continue to suffer from conflicts, crimes against humanity, war crimes, shocking violations of human rights, terrorism, poverty, disease, inequality, insecurity, lack of protection under the rule of law, and the uncertainties of a globalizing society struggling to maintain the international rule of law and a rules-based world.  The report stresses that a rapidly changing world is throwing up new problems and phenomena that require urgent analysis from the point of view of their human rights implications.  Human cloning is one such issue.  Other developments in bioethics and in science and technology also call for serious human rights analysis. 

There is a note by the United Nations High Commissioner on follow up to the World Conference on Human Rights with regard to effective functioning of human rights mechanisms (document E/CN.4/2003/6) which contains a description of the organization of work of the Conference, followed by an exchange of experiences and information among special procedures mandate holders.  Enhancing the effectiveness of the special procedures system is then discussed, followed by support services, an exchange with the High Commissioner for Human Rights and the Deputy High Commissioner, and cooperation with human rights treaty bodies.  The report details thematic discussions on the participation of special procedures mandate holders in the work of other United Nations organs, including the Security Council; cooperation with United Nations human rights field presences and other United Nations agencies, the cooperation of mandate holders with regional organizations, and finally on human rights and corporate responsibility.  It also includes information on consultations with NGOs, with the Bureau of the Commission on Human Rights, a meeting with the United Nations Educational, Scientific and Cultural Organization (UNESCO) representatives, and the adoption of the conclusions and recommendations of the ninth general meeting.  Annexed to the report is a list of special procedures of the Commission on human rights and the mandate holders participating in the meeting.

On the basis of the discussions held, the meeting formulated the following conclusions and recommendations.  First, regarding the organization of work, it was agreed that it was important to take a collective stand on specific human rights issues.  New mandate holders should be briefed by outgoing mandate holders, and sufficient time should be allocated at the next meeting to a thorough exchange between mandate holders.  With regard to enhancing the effectiveness of the special procedures system, the meeting took note of various developments. The nature of support services was then discussed, and the participants agreed to various changes. It was also agreed that it was important that special procedures mandate holders joined international efforts aimed at reinforcing the international human rights protection system, as well as ensure that universally recognized human rights prevailed in a challenging context.

With regard to cooperation with human rights treaty bodies, participants recommended that future joint meetings between the chairpersons of treaty bodies and special procedures mandate holders should focus more on thematic exchanges and discussions between treaty bodies and special procedures. With regard to consultations with NGOs, it was recognized that input from and cooperation with NGOs was extremely useful, and NGOs were encouraged to continue to cooperate closely.

Statements on the Organization of Work, the Report of the High Commissioner for Human Rights and Follow-up to the World Conference on Human Rights

SERGIO VIEIRA DE MELLO, United Nations High Commissioner for Human Rights, introducing his annual report to the Commission, said that now that the much-anticipated war had begun, the Commission thought of the people of Iraq.  The prospect of their suffering crowded out other thoughts.  There must be no attacks on civilians and every effort must be made to minimize incidental civilian deaths and injuries.  The sick and the wounded must be cared for, whether or not they were combatants.  Humanitarian workers must have access to those who were suffering and must be protected.  For some two decades, the people of Iraq had been subjected to wars, internal conflicts, economic sanctions and denial of the whole spectrum of their rights.  One could only feel a great solidarity with them and hope their ordeal would soon come to an end.  The conflict reminded everyone of how great the challenges were to making human rights a reality for everyone.   

The High Commissioner said that in orienting the work of his Office, he had tried to emphasize practical activity.  This was as difficult as it was important.  Special emphasis would be given to the adoption of national legislation that created mandatory human rights standards and to the critical role of the judiciary -– through helping national judicial systems consolidate their independence and implement international and national human rights norms.  Governments were also invited to prepare brief descriptions of their national protection systems.  These reports would be summarized, analyzed and published.  This would help the Office in the critical work of finding ways for States to cooperate in the protection and promotion of human rights. 

One issue which was at the centre of the Office’s priority, was the status of women’s rights, the High Commissioner said.  If societies were going to have a chance to succeed, then women must be fully emancipated.  Too often, in too many places, the world saw not emancipation but the psychological, social, educational, and at worst, physical denigration of women.  Just as discrimination against women undermined the progress of all, so racial discrimination continued to undermine the dignity of all. 

The High Commissioner said that he had been implementing many of the reforms recommended in the report of the Office of Internal Oversight Services.  With the creation of an office-manager post in Geneva, the Office would have the capacity to implement in earnest a new policy of taking more and more of the Office’s activities out of Geneva and to the field.  Although there was widespread agreement that human rights were at the core of the United Nations mission, the share of the regular budget allocated to the Office remained under two percent.  It was pointless to criticize the Office for relying so much on voluntary contributions, unless the Commission wished it to reduce, perhaps discontinue, many of its activities at the national and regional levels and with civil society. 

The High Commissioner said that if the problem of some Member States was with the geographical balance of the Office’s staffing, he was ready to discuss that openly.  If, however, the problem was the ratio between regular and project posts, then he had no solution apart from that which he had outlined.  Whatever the Office’s sources of funds were, its independence would never weaken.  The Office’s independence was the best insurance policy that Member States could have; it guaranteed them a secretariat and staff that served the interests of the membership at large, and could therefore embody, reflect, defend and promote common interest.  

MOHAMED-SALAH DEMBRI (Algeria), speaking on behalf of the Like-Minded Group and China, said that with regard to the agenda item on the organization of work of the Commission, they joined the consensus on document E/CN.4/2003/118, and its corrigendum.  The agreement on some suggestions by the expanded bureau to facilitate a smooth transition between the bureaus of the two sessions was contingent on solely minor adjustments to the unpredictable situations where all options and possibilities offered by the rules of procedure of the Economic and Social Council and its functional commissions were explored and exhausted.

The Group said it was in principle opposed to the unjust and politically motivated country specific resolutions, as well as the unfair “name and shame” approach taken by some members of the Commission under agenda item 9, which had in the past led to extreme and unhelpful polarization of the debate, especially when it was easy to note that only developing countries were being targeted.  No single society was a safe haven for human rights, and their promotion and protection was a daily struggle for all.  Further, the Like-Minded Group was disturbed by repeated allegations about the non-observance of the confidential nature of the 1503 procedure. There was also profound concern over the use of the extra-budgetary resources by donor countries.  There was a need for urgent implementation by the United Nations Office of the High Commissioner for Human Rights (OHCHR) of the specific recommendations contained in the report of the Office of the United Nations of Oversight and Inspection with regard to the functioning of the OHCHR.

   JORGE-ALBERTO FERRER RODRÍGUEZ(Cuba) drew the Secretariat's attention to a document the Chairperson had mentioned at the beginning of the meeting on methods of interactive dialogue with the special procedures.  Cuba would like to review this document since it had doubts about the time allotted to debates and its impact on the work of the Commission.  The Cuban delegation would be studying the statistics on speaking times and would address this issue in the afternoon.   

   SHAUKAT UMER (Pakistan), speaking on behalf of the Organization of the Islamic Conference (OIC), said with regard to report E/CN.4/2003/14, that it represented a strong reiteration of the core general principles essential for promoting human rights, especially the importance of action at the national level.  In the spirit of international human rights law, human suffering anywhere in the world was their common concern.

The resurgence of Islamophobia and motivated attempts to undermine the noble values of Islam and its followers in the post-September 11 era was a matter of particular concern and anguish to the OIC, and the Organization expected a pro-active role from the High Commissioner on this vital issue.  Millions of victims of human rights violations looked up to the Office of the High Commissioner for relief and justice, and the OIC was confident that given his strong commitment to the universal promotion of human rights, he would live up to its expectations.  However, the plight of the Palestinian people was passed under silence in the report, and this was disappointing.

Terrorism was also a scourge that was of concern, he said, and it needed to be addressed in a broader perspective, including uncovering its root causes.  Actions at the global level were crucial complements to country level action to eradicate poverty.

SAEED MOHAMED AL-FAIHANI(Bahrain) said the main goal of the Commission was to prevent the violation of human rights and to encourage respect for these rights.  The High Commissioner was the catalyst for efforts exerted to this end and it was important that his activities be supported and encouraged.  Moreover, States which showed support and respect for human rights through their policies and plans must have the moral support and encouragement by the members of the Commission to continue this path.  Each region in the world had its own unique characteristics and different views of human rights.  Therefore, one must not commend States in a particular region while neglecting the vast development in human rights in States in other regions.  It was vital that the members of the Commission realize that by not extending moral support to such States, the regional dimension would either turn back or halt these developments. 

For the past few years, Bahrain had undertaken policies and plans designed to ensure the promotion and respect of human rights and fundamental freedoms.  The progressive modernization undertaken by Bahrain over the past three years had focused on achieving political, social and economic progress by building a country with a united, one-family spirit.  Women had been granted full political rights and were thus able to vote and stand as candidates in the elections.  In addition, at the end of last year, representatives of the Christian and Jewish faiths were appointed members of the Shura Council, clearly demonstrating the spirit of tolerance in Bahraini society. 

TASSOS KRIEKOUKIS  (Greece), speaking on behalf of the European Union, said that the report contained several interesting ideas and highlighted issues that also constituted high priorities for the European Union. Two important issues were raised: the need for stronger protection of human rights, including prevention of human rights violations, and the need for comprehensive action in order to uphold “human dignity, equality and security, and human rights in a rapidly changing world”.

The European Union agreed, he said, that technical cooperation programmes should take into consideration the key role of the judiciary in the prevention of human rights violations and aim at its support. The promotion and protection of all human rights and fundamental freedoms should be considered as a priority objective of the United Nations in accordance with its principles and purposes. The European Union was convinced that democracy, accountability, good governance and the rule of law were prerequisites for upholding dignity, equality, security and human rights in a rapidly changing world.

MANUEL A. GONZÁLEZ-SANZ(Costa Rica) said that although there was a global consensus on the universality of human rights, the protection of human rights still needed to be strengthened. This was necessary more than ever. There was a growing awareness of the vital importance of these rights in ensuring human dignity, the development of societies, justice and well-being.  Non-observance of human rights, on the other hand, constituted a fertile ground for political instability and the outbreak of conflicts. Today, national and international conflicts were more destructive and had more lasting and negative effects, resulting in human rights violations, refugees and displaced populations who lived in extreme poverty.  Furthermore, in an increasingly integrated world, the impact of conflicts were felt in different parts of the world and affected vulnerable groups of people who were far from these flashpoints. 

Only the existence of a rule of law accompanied with an educational process could create the necessary conditions to ensure that everyone could fully develop their human potential in conditions of equality and prosperity.  Costa Rica welcomed the recent adoption by the General Assembly of the Optional Protocol to the Convention against Torture and urged all Member States to ratify this instrument.  Costa Rica also welcomed the High Commissioner’s proposal to invite States to prepare reports on their national protection systems.

MARICLAIRE ACOSTA(Mexico) said the improvement of the institutional capacity of the OHCHR was a major priority, and the suggestions made in the report were fully supported.  There was a need to support the national protection of human rights.  The development of national protection systems should be a priority, since it was at that level that it was necessary to combat human rights violations.  Guidelines in this area would be useful, as would appropriate coordination with treaty bodies in the United Nations system.  The defence of human rights should be the policy of the State, since it implied joint action by all branches of the Government.  What was needed were actions and deeds, not words, and the human being should be kept always at the centre of the work done, since the individual was whom the work was done for.  The Commission should consider in a committed and responsible manner that international human rights standards were a basic objective. 

SHA ZUKANG(China) said that regrettably, under the interference of the Cold War and its residual mentality, the Commission had to a large extent become a venue for political confrontations, and this had seriously hampered its normal function.  It was time to reflect upon this situation, and discard the approach of selectivity and political confrontation, replacing it with dialogue and cooperation for the comprehensive realization of civil, political, social, economic and cultural rights, and the right to development.  The promotion and protection of human rights was the common responsibility of the international community and all governments, and it was vital for States to undertake their obligations and responsibilities, whilst the international community should help create favourable conditions and provide necessary assistance.  The OHCHR needed to be reformed, so as to adapt itself to the new situations facing it including terrorism.  It should take into account the principle of equitable geographical distribution in staff recruitment, as well as increasing the proportion of staff from developing countries, since only thus would it become truly a body worthy of the trust and support of all its Member States.

JORGE-ALBERTO FERRER RODRÍGUEZ(Cuba) said politicization undermined the credibility and effectiveness of the Commission and the United Nations human rights mechanisms and contradicted the principles of universality, objectivity and non-selectivity.  Human rights were perfectible in all parts of the world, without exception, both in North and South countries.  However, only underdeveloped countries were subjected to selective and discriminatory resolutions submitted under agenda item 9.  On the other hand, when many in this room spoke about human rights, they implicitly referred to civil and political rights only.  These approaches disregarded the fact that the principles of universality, indivisibility, interdependence and interrelatedness among all human rights were objective and inexorable.

For the last few years, the Commission and its special procedures had devoted themselves primarily to the protection activities and action, to the detriment of promotion activities.  Promotion and protection were indissolubly linked and equally important.  Cuba believed that it was necessary to denounce the harmful actions by some States of the North and by the huge transnational non-governmental organizations controlled by them, which was turning the Commission into a club of "selected" members, according to the criteria and patterns imposed by the superpower.  In fact, unable to show the Economic and Social Council members their dubious merits in the field of human rights, the superpower and its unconditional allies attempted to limit democracy and block the free will of the international community. 

MOHAMED-SALAH DEMBRI(Algeria) said the criteria of electability to the human rights organs was new, and a grave departure from the principal mission of the Secretariat.  The issue of the prevention of human rights violations was a subject that merited study; to focus on the civil and political dimensions of these rights would be to reject the interdependence of rights, as well as their indivisibility, which was a step backwards.  It was today urgent to find a solution for those who were dying of malnutrition, lack of access to healthcare, lack of access to clean water, and lack of access to a decent home.  The right to development was the basis of economic, social and cultural rights.  The issue of human rights should not be treated as any other subject was by the United Nations. It was for citizens of countries to decide upon their political system and the institutional architecture that suited them.  The reinforcement of the capacities of the OHCHR was also a high priority.  It was vital for all Member States to reaffirm, in these troubled times, their dedication to the universality of human rights, their effective independence and their authentic indivisibility.

VALERIY KUCHINSKY (Ukraine) said international terrorism had been universally condemned as a major threat to security, human rights and fundamental freedoms.  Still, while taking all necessary measures to combat terrorism, States must carry out their obligations under international law, in particular international humanitarian law.  The adoption by this session of the resolution on protecting human rights while combating terrorism would be, in Ukraine's view, the right step in the right direction.  The idea of the High Commissioner to develop a concept of national protection systems aimed at identifying areas in which, at the request of the Government concerned, the international community could be of assistance, looked very far-reaching.  It would bring a joint approach of all six main human rights treaty bodies to the cooperation with the Governments.  In this context, the Special Rapporteur on the independence of the judiciary might also play a role. 

The strengthening of the protection of human rights at the national level with a special focus on the role of the courts was extremely important.  The reform and the modernization of the Human Rights Programme, aimed at the better functioning of human rights mechanisms to respond to contemporary challenges, was an important task and he commended the efforts of the High Commissioner in this field.  The Ukraine believed that the implementation of the measures proposed by the High Commissioner -- cooperation for human rights capacity building at national levels, better implementation of international human rights conventions and enhanced functioning of the system of special procedures -- would be an important and timely step toward reaching the goals of the Secretary-General's report on strengthening the United Nations. 

Christopher WESTDAL(Canada), speaking on behalf of Australia and New Zealand, said it was a responsibility to ensure that this vital multilateral institution was capable of realizing its own high standards and aspirations.  Since its inception, the Commission had made major substantive contributions to international human rights architecture, however the challenge before it today was not to elaborate new human rights standards, but rather to implement those already there.  It was a time in which the capacity of the United Nations to implement its own standards and resolutions was very much in question, and the proposal to establish a Special Procedures Branch to strengthen the special procedures system was therefore a welcome step forward.  The virtue of multilateralism was the legitimacy and authority it availed to decisions taken by all nations, strong and weak alike.  It allowed the community of nations to address problems which affected everyone, and which no nation was capable of solving on its own.  However, States remained responsible for their own citizens.  There was a need to strengthen the credibility of the Commission, as this would be overwhelmingly valuable to the work done.  Conditions in countries where the most egregious violations of human rights were being committed should continue to be monitored.  The international community should take on the threats to international peace and stability, such as terrorism, not least by addressing the factors fuelling social instability, but there should be vigilance to ensure that measures taken were consistent with human rights standards.

LAXANACHANTORN LAOHAPHAN(Thailand) said that it strongly supported the focus placed upon national systems for the promotion and protection of human rights, the right to development and human security.  It was clear that sustained peace, development and security could not be ensured without respect for human rights.  The Commission needed to support the Office of the High Commissioner in strengthening its technical cooperation programmes.  National protection systems must be put in place in order to guarantee the effective promotion and protection of human rights.  States must uphold their responsibilities, beginning with human rights education to enable people to realize their rights and to exercise them accordingly.

The most challenging task for the Commission was how to translate the Declaration on the Right to Development into practical implementation in both national and international contexts.  Thailand believed that the issue of the right to development deserved greater attention and could no longer be neglected.  Thailand strongly endorsed the High Commissoner’s call for a social order in which the rights contained in the Declaration on the Right to Development could be realized.

ALEXEY VLASOV (Russian Federation) said that it gave great importance to the activities of the Office of the High Commissioner and was prepared to give the High Commissioner all the support he needed in accomplishing his mission.  Russia was convinced that the guidelines concerning membership in the Commission contravened the United Nations Charter and would only increase rhetoric and confrontation in the Commission.  Russia supported the concept that defending human rights was the responsibility of the States and that international bodies

should play a subsidiary role in this area.  One of the priorities for the Office of the High Commissioner was strengthening mechanisms for technical assistance.  Russia was of the opinion however that no assistance should be imposed on States.  A certain degree of balance had been achieved between civil and political rights and economic, social and cultural rights in the work of the Office.  However, Russia was concerned at the lack of fair geographical distribution in the staffing of the Office, which undermined its independence and impartiality.

HARDEEP SINGH PURI(India) said that the High Commissioner had asked in the report whether the Commission should develop a code of guidelines for access to membership of the Commission and a code of conduct for members while they served on the Commission.  The High Commissioner was commended for his boldness in raising this issue, although India was not entirely persuaded by the wisdom of his suggestion.  Such codes of membership or conduct would violate a fundamental principle embodied in the United Nations charter -- the principle of sovereign equality of Member States.  The fact that over the years, the work of the Commission had become highly politicized, made it even more difficult to envisage a situation in which Member States might agree to such codes.  The game of “naming and shaming” that many in this Commission were engaged in could only harm the cause of human rights protection and promotion.

The importance of national protection systems could not be overemphasized.  Democracy was a “sine qua non” for human rights.  One could not exist without the other.  There was no reason to quibble over what democracy meant.  At its core was a Constitution adopted by the people that ensured that they had an inalienable right to freely elect and change their governments, that established the rule of law, that safeguarded the freedom of information and the press, that provided for an independent judiciary, and that supported a vibrant civil society.  A government that did the bidding of its military ruler was an insult to democracy.  Needless to add, an intermittent democracy was an oxymoron.  One could not be virtuous between orgies of promiscuity.  India continued to bear the brunt of terrorist outrages.  International cooperation in the fight against terrorism was no longer an option, it was an imperative for the survival of civilized society. 

KEVIN E. MOLEY(the United States) said the Commission was the only institution that had been created to focus exclusively on political and civil rights - whose realization was key to helping all other United Nations bodies achieve their fundamental aims.  Nations whose citizens enjoyed political and civil liberties did not threaten the peace and security of other countries, near or far.  They did not seek poison gases, deadly viruses or nuclear weapons in a deluded desire to conquer neighbours or destroy the innocent.  Nor did they tend to drive refugees from their homes or spawn terrorists.  Nations whose citizens enjoyed political and civil liberties, instead, contributed to international peace and security.  They created conditions for entrepreneurship and long-lasting, broad-based economic growth.  They generated the means and medical advances necessary to staunch the global pandemic of HIV/AIDS.  And they led efforts to combat trafficking in persons and other forms of degradation. 

The United States wanted to find ways to ensure that governments elected to the Commission shared a true commitment to its basic purpose to promote and protect human rights.  Nations of conscience could not allow the Commission to become a protected sanctuary for malefactors.  One could not allow human rights abusers to undermine this organization from within.  It was therefore necessary to consider the simple proposition that only real democracies -- with regularly scheduled multi-party elections, independent judiciaries, and constitutional guarantees of human rights -- deserved membership on the Commission.  Another concern related to a recent proliferation of special rapporteurs who dissipated the Commission's limited resources, and whose mandates strayed from the Commission's core mission.  It was stressed that the future effectiveness of the Commission required prioritization. 

Naéla GABR (Egypt) said her country had read the report of the High Commissioner and would make some observations on its contents.  Before that, Egypt stressed that it was necessary to adhere to international law in order to ensure the protection of human rights.  The Arab League had met in Sharm-al-Sheik; it opposed the current attacks on Iraq.  This military campaign must be stopped and a ceasefire elaborated immediately.   The High Commissioner had voiced a number of ideas and concerns to do with the future of the Commission.  Egypt agreed that States were primarily responsible for human rights and the establishment of national human rights mechanisms.  One of the suggestions of the High Commissioner related to the formulation of a national reporting system whereby States would report on their human rights situations.  Egypt believed that this was feasible but that it must work on a voluntary basis.  Concerning the reform of the network and machinery for human rights, Egypt stressed the need to carefully determine the mandates of special rapporteurs in order to avoid duplication and overlapping. 

GYAN CHANDRA ACHARYA (Nepal) said gross and systematic violations of human rights did not only endanger and degrade human dignity, they were also a clear threat to international peace and security.  As the human being was at the centre of all activities, human rights should naturally deserve serious consideration.  Human rights for all were the goal aimed for by all, and cooperation, constructive interaction and collaborative efforts were therefore key to the attainment of this goal. 

The report of the High Commissioner contained a number of important proposals to enhance the role of the Commission in the protection and promotion of human rights.  Prevention of violence and conflicts, eradication of poverty, hunger and diseases were vitally important to translate into reality the commitment to the protection of human rights, and the key to effective prevention of violations lay in the ability to address the human rights issue in a comprehensive and holistic manner.  In a situation of widespread violence and conflict perpetrated by non-State actors, it was vital not to lose sight of the fundamental duty of a State to provide security to its people.  A socio-economic situation characterized by widespread poverty and deep inequalities was likely to exacerbate conflicts.  The fight against poverty, underdevelopment, hunger and disease should be the fight in defence of peace, stability, democracy and promotion and protection of all human rights in a spirit of partnership between the developing and the developed world.

SVERRE BERGH JOHANSEN  (Norway) said the promotion and protection of human rights was a crucial aspect of all the work of the United Nations, and indeed was crucial to the realization of the very aims of the Organization.  Human rights should be ever more firmly rooted and mainstreamed into all United Nations activities.  The Office of the High Commissioner played a pivotal role, and it had received ever more responsibilities, without an increase in resources.  This should not be allowed to continue.  The Office also needed to be reformed.  There was a need for stronger protection of human rights, and the key to their future protection lay in the prevention of violations at home, through the operation of national protection systems anchored in the rule of law.  There was a need to ensure that there were national protection systems in which international human rights norms were reflected in the national Constitutions and in national legislation.  Domestic action and international cooperation were interdependent and inseparable elements in any serious attempt to provide effective protection of human rights.

AMARE TEKLE (Eritrea) said it was a matter of humanity’s proud record that the principles enshrined in the Universal Declaration of human rights and the numerous other conventions and declarations related to human rights, as well as the mechanisms established to promote and protect human rights had inspired humanity in the struggle for freedom and dignity.  However, this demonstration of the nobility of humanity was being blemished by equally strong demonstrations of humankind’s cruelty against itself as nations disdainfully and wilfully violated these same instruments.  It was therefore imperative that the international community redouble its efforts to eliminate those factors that inhibited the creation of a favourable environment for the scrupulous implementation of human rights and the elimination of the culture of impunity.  The international community should not only observe the provisions of human rights but should also condemn violations, irrespective of where they were committed and by whom they were committed. 

A global equal and balanced implementation of rights could easily be achieved if all would focus on the effective realization of the right to development, without which there could be no development of human rights.  The elimination of hunger and extreme poverty was a sine qua none for the fulfilment of the right to development, and peace was a necessary precondition.  It was therefore crucial to ensure that the forces unleashed by globalization were harnessed to fight famine and poverty, as well as to narrow the gap between rich and poor countries.

DJISMUN KASRI (Indonesia) said the key to the future protection of human rights lay in the prevention of gross violations of human rights through the operation of national protection systems anchored in the rule of law and protected by the judiciary and its partner institutions.  Thus, a change in the Commission's approach from a mostly reactive to a preventive one was proposed.  The Commission should become a forum for a genuine dialogue among countries and nations on the basis of the recognition of the diversity of situations and specific needs experienced by individual countries to strengthen their respective national human rights protection systems. The Commission should not focus on national action only, however, since the international dimension of the right to development should not be ignored. There was a need for international cooperation and assistance for the realization of social, economic and cultural rights. 

DAVID LITTMAN, of the Association for World Education, speaking on behalf of other non-governmental organizations, said that the time had come for the Commission to develop a code of guidelines for access to its membership and a code of conduct for members while they served on the Commission.  After all, the Commission had a duty to humanity and its members must themselves set the example of adherence to the international human rights norms –- in practice as well as in law.  There was a need for stronger protection of human rights and to bring national legislation and judicial practice into conformity with universal human rights standards, as expressed in the International Bill of Human Rights.  As the High Commissioner indicated in his report, without universal respect for human rights, the vision of the Charter of a world peace grounded in respect for human rights, economic and social justice would remain an illusion.

LOWONA FREIH, of Human Rights Watch, said counter-terrorism measures had affected human rights in countries all over the world.  While the United Nations treaty bodies had given welcome attention to this issue, the Commission itself had been silent on it to date.  It was incumbent on the Commission to take action on this issue, and to take steps that would fill the existing gaps in the United Nations human rights protection system and ensure that human rights were fully protected as part of the necessary and critically important task of countering terrorism.  The Commission should adopt a resolution on the protection of human rights in countering terrorism.

Mr. VIEIRA DE MELLO, the United Nations High Commissioner for Human Rights, responded to comments made by Member States and non-governmental organizations.  He said one representative had pointed to the lack of mention of the situation in the Middle East and Mr. Vieira de Mello explained that his report had been general and he had therefore refrained from entering into too much detail on geographical situations.  He stressed that all the proposals made aimed to ensure greater transparency in order to achieve greater results on the national level.  He agreed with speakers that voluntary contributions to the Office must not be linked to a specific country or mission.  Concerning opinions expressed about the right to development, he agreed more could be done on this issue and he was prepared to play an active role and liaise with international financial institutions to ensure the right to development was included in their policies. 

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