GA/SHC/3602

SPEAKERS IN THIRD COMMITTEE URGE STREAMLINING OF HUMAN-RIGHTS TREATY-MONITORING SYSTEM

The human rights treaty-monitoring system should be revised to ensure its credibility, the Third Committee (Social, Humanitarian and Cultural) was told this morning as it concluded its current consideration of general human rights issues, including implementation of human rights instruments.

To achieve that reform, the representative of Ukraine said the comprehensive periodic reports should be eliminated. Reporting guidelines should be tailored to individual situations. The reports should be shorter and more focused. They should concentrate on concerns identified by the treaty bodies. Special attention should be paid to the monitoring and to how national governments responded to recommendations.

The representative of Norway, speaking on behalf of Australia, Canada, Chile and New Zealand, also expressed concern about the sustainability of the human rights treaty system without reform. He too called for shorter and more concise reports, with working groups and panels to expedite the work. Some treaty bodies should develop plans of action to increase efficiency. He said a strengthened human rights treaty system would keep human rights violations from escalating.

The representative of India said that deliberately confusing symptoms of underdevelopment with human rights violations did little to enhance the international credibility of treaty bodies and protocols. The tendency to accord a lower priority to economic, social and cultural rights while over- stressing civil and political rights had created an imbalance in applying the human rights treaties.

The Committee also heard the introduction of three draft resolutions this morning. The representative of Belgium introduced a draft on the International Convention on the Elimination of All Forms of Racial Discrimination. Pakistan's representative introduced one on the universal right of peoples to self- determination. Cuba's representative then introduced a draft on the use of mercenaries to violate human rights and impede self-determination.

Also speaking this morning were the representatives of the Czech Republic, Philippines and India.

Third Committee - 1a - Press Release GA/SHC/3602 32nd Meeting (AM) 24 October 2000

The Committee will meet again at 3 p.m. to begin considering human rights issues. Those concern questions related to alternative approaches for realizing human rights, human rights situations, implementation of the Vienna Declaration and the Report of the United Nations High Commissioner for Human Rights.

Third Committee - 3 - Press Release GA/SHC/3602 32nd Meeting (AM) 24 October 2000

Committee Work Programme

The Third Committee (Social, Humanitarian and Cultural) met this morning to continue considering questions related to human rights, including that of implementing human rights instruments. (For background, see Press Release GA/SCH/3601 of 23 October.)

The Committee has before it a number of resolutions expected to be introduced.

A draft resolution on the universal realization of the right of peoples to self-determination (document A/C.3/55/L.22) would have the Assembly declare its firm opposition to acts of foreign military intervention, aggression and occupation. The Assembly would also deplore the plight of millions of refugees and displaced persons who have been uprooted as a result of those actions. It would request the Commission on Human Rights to continue giving special attention to the violation of human rights, especially that of the right to self-determination, which results from foreign military aggression.

The draft is sponsored by Azerbaijan, Bangladesh, Brunei Darussalam, Chile, Costa Rica, Egypt, El Salvador, Eritrea, Iran, Jordan, Kuwait, Libya, Malaysia, Mali, Mauritania, Morocco, Oman, Pakistan, Qatar, Saint Lucia, Saudi Arabia, Singapore, Thailand, United Arab Emirates and Viet Nam.

A draft on the use of mercenaries to violate human rights and impede self- determination (document A/C.3/55/L.23) would have the Assembly urge all States to exercise the utmost vigilance against the menace posed by mercenary activities. The Assembly would also urge them to take legislative measures to ensure that their territories and nationals were not used for recruitment or involvement in mercenary activities, whether for the overthrow of a government, promotion of secession, fight for national liberation movements or any form of alien domination or occupation. It would urge all States to cooperate fully with the Special Rapporteur on mercenary activity. It would request the Office of the United Nations High Commissioner for Human Rights to give high priority to combating mercenary activity and would request the Secretary-General to invite governments to make proposals for a clearer legal definition of mercenaries.

The resolution is sponsored by Algeria, Angola, Bolivia, China, Costa Rica, Cuba, Democratic People's Republic of Korea, Democratic Republic of the Congo, Egypt, Eritrea, Ethiopia, Fiji, Guatemala, India, Iran, Iraq, Libya, Niger, Nigeria, Sudan, Swaziland, Togo and Viet Nam.

By the first part of a three-part draft resolution on the International Convention on the Elimination of All Forms of Racial Discrimination (document A/C.3/55/L.24), the Assembly would take note of the reports of the Committee on the Elimination of Racial Discrimination and would commend its efforts to contribute to implementation of the Convention. It would express concern at the great number of overdue reports and would encourage States to avail themselves of the advisory services and technical assistance the Office of the High Commissioner for Human Rights could provide. It would encourage the Committee and States to continue participating in the preparatory process for the 2001 World Conference and the International Year of Mobilization against Racism, Racial Discrimination, Xenophobia and Related Intolerance, which would begin with the World Conference.

By Part II of the draft, the Assembly would express profound concern about States not having fulfilled obligations to the Convention and would strongly appeal for them to fulfil their financial obligations. It would also urge States to accelerate domestic ratification procedures regarding the amendment to the Convention on financing of the Committee. It would request the Secretary- General to invite States parties in arrears to pay their arrears. By Part III of the draft, the Assembly would urge States to ratify or accede to the Convention and to limit reservations.

The resolution is sponsored by Afghanistan, Argentina, Armenia, Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Canada, Costa Rica, Croatia, Cyprus, Denmark, Ecuador, El Salvador, Finland, France, Gambia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Liechtenstein, Lithuania, Luxembourg, Monaco, Namibia, Netherlands, Portugal, Romania, Slovakia, Slovenia, South Africa, Spain, Sweden, the former Yugoslav Republic of Macedonia, Ukraine and United Kingdom.

Introduction of Drafts

The representative of Belgium introduced a draft resolution on the International Convention on the Elimination of All Forms of Racism (document A/C.3/55/L.24).

Poland joined as a co-sponsor of the draft.

Next, the representative of Pakistan introduced a draft resolution on the universal realization of the right of peoples to self-determination (document A/C.3/55/L.22) and drew the Committee�s attention to some minor technical revisions to the text.

The following were added as co-sponsors of the draft: Bosnia and Herzegovina, Iraq, Togo and Yemen.

Finally, the representative of Cuba introduced a draft resolution on the use of mercenaries as a means of violating human rights and impeding the right of peoples to self-determination (document A/C.3/55/L.23).

The Russian Federation joined as a co-sponsor of the draft.

Statements

ROALD NAESS (Norway), speaking on behalf of Australia, Canada, Chile, New Zealand and Norway, said human rights treaties were at the centre of United Nations efforts to promote and protect human rights. However, his delegation was increasingly concerned about the effective functioning and sustainability of those conventions. It was well known that the United Nations treaty system was under pressure for many reasons, most notably because of the mounting workload and backlog the monitoring bodies faced; the increasing burden of reporting on States� compliance; and the lack of resources available for the Office of the High Commissioner for Human Rights. And while he welcomed as positive steps the independent expert�s recent report on enhancing the long-term effectiveness of the treaty system and the recommendations presented by the chairpersons of the treaty bodies at their annual meeting, he noted the need to go further and take other concrete steps to improve the functioning of those bodies.

He went on to suggest that his delegation would be pleased to see a debate on the reform of reporting procedures, with a view to emphasizing shorter and more concise reports. Alternative working methods should also be considered, he said, such as pre-sessional working groups and panels to expedite the consideration of periodic reports or individual communications. Plans of Action developed by some of the treaty bodies could serve to increase efficiency. It was important also that more resources be provided. While there had been a small increase in the budget and voluntary funding for the Office of the High Commissioner, more funding needed to come from the Organization�s general budget. That would reflect the central role of the human rights treaty bodies. Finally, it was not only infrastructure and resources that mattered. It was essential for the treaty bodies, with the support of the Secretariat, to use all sources of information and develop further methods of collaboration. A strengthened human rights treaty system could help prevent human rights violations before they reached large-scale proportions.

MARTIN PALOUS (Czech Republic) said that in today�s interconnected and globalized world, the problem of human rights violations had taken on a global character and had become the concern of the entire international community. His delegation was aware of the important role played in that field by the Commission on Human Rights and the agencies and mechanisms under its control. He believed that thematic and �country-specific� rapporteurs and working groups should be given the broadest cooperation at all levels in order to enable them to fulfil their mandates successfully. Only a general readiness to hear open criticism could lead to a fruitful dialogue that resulted in improvement of the protection of human rights in the world.

One of the chief priorities of Czech foreign policy was participation in the international legislative process and the fulfillment of existing commitments, he continued. The Czech constitution gave special status to international human rights treaties. His country had contributed to the drafting of the Declaration on Human Rights Defenders, and he was convinced the implementation of that instrument would benefit from the creation earlier this year of a mandate for a Special Representative of the Secretary-General on Human Rights Defenders.

His delegation also considered the finalization and opening of both optional protocols to the Convention on the Rights of the Child as another important step in the international legislative process. He urged all States to cooperate and complete the preparation of the text on the Optional Protocol to the Convention against Torture as soon as possible. He added that procedures surrounding the ratification of the International Criminal Court would be an important challenge for his country -� perhaps requiring an amendment to the constitution. While adopting such an amendment would admittedly be a slow process, he pledged his country�s commitment and noted that operationalizing the Court should be a priority for the entire international community.

MARY JO ARAGON (Philippines) said migrant workers contributed to the development of both sending and receiving States. Many countries today owed their rich multi-racial and multi-ethnic societies to migrant workers. Many of the reasons that had spurred migration in the last centuries remained equally compelling, as old problems repeated themselves in modern variations. And with ease of travel had come the emergence of highly organized groups that profited from the illicit traffic in migrant workers.

By 2050, the number of older persons was expected to triple to 22 per cent of the world's population, she said. With fertility rates declining in developed countries, the rate of migration to those developed countries was accelerating under pressure to replace ageing populations. As the importance of migrant labour grew within the international context, the susceptibility to abuse of the vulnerable grew along with it. For that reason, her country was sponsoring the resolution on the protection of migrants and their families. It was also calling on states to sign and ratify the Convention on Migrants.

SWADESH CHAKRABORTY (India) said the trend to use the treaty instruments for political purposes was a sad development. Deliberately confusing symptoms of underdevelopment with human rights violations did little to enhance international credibility or wider acceptance of the treaty bodies and protocols. The tendency to accord a lower priority to economic, social and cultural rights, or to not recognize collective rights while over-stressing civil and political rights, had created an imbalance in applying the human rights treaties.

Efforts to implement human rights instruments for an integrated and balanced administration of rights were welcome, but should be prudent. The Office of the High Commissioner for Human Rights, for example, was inventing a system of measurement for the enjoyment of human rights and was pressing for development of civil and political rights indicators. While it was reassuring that this was not a "way to rank countries", resources could be better spent on implementing the rights enunciated in the instruments. Further, the exercise seemed arbitrary and devoid of intergovernmental approval. "How can the Office of the High Commissioner for Human Rights measure the abjectness of poverty or the bliss of complete freedom? What would be the index of marginalization? What benchmark does terror have?" he asked.

Likewise, if the chairpersons of the treaty bodies were granted formal status within the Economic and Social Council, they would be equal participants with Member States on the functional commissions. With regard to preventive strategies in the field of human rights, the best prevention was to promote human rights through capacity building, awareness-raising, institution building and balanced implementation of all rights. With regard to the Funds, the Voluntary Fund for Victims of Torture was still under a shadow for its financing of organizations that believed in terror and armed conflict as a means of

attaining political ends. The State of the Voluntary Fund on Contemporary Forms of Slavery was "truly pathetic". Major donors reflected their priorities by pledging millions to the torture Fund, while the question of slavery got scant attention.

MYKOLA MELENEVSKY (Ukraine) said the universal ratification of the six core United Nations human rights treaties would establish the best possible foundation for promoting respect for human rights. The human rights treaties, however, needed constant effort at the national level to ensure that internationally recognized standards were observed in everyday practice.

Since its independence, his country had made substantial progress in incorporating the internationally recognized standards into its national law. It had shown responsibility and had followed the reporting procedure as the most important part of the monitoring mechanism. Still, there was no telling how long before a report would be considered. If the treaty monitoring system was not revised, the effectiveness and credibility of the treaty bodies would be compromised.

To achieve that reform, he said, the comprehensive periodic reports should be eliminated and replaced by reporting guidelines tailored to each State's individual situation. The reports should be shorter and more focused. They should concentrate on new developments, subjects of interest and concerns as identified by the treaty bodies. Special attention should be paid to the monitoring and to how national governments responded to recommendations. Needless to say, there should be close cooperation between the treaty bodies and the special procedures process, involving special representatives and rapporteurs.

Recognizing that those agents worked under difficult conditions, he said their reports should carefully avoid being based on outdated or unproved information. That had been done by the special rapporteur on religious intolerance with regard to his country. And, of course, all politicization of human rights issues should be shunned. That did not contribute to solving the practical tasks for improving human rights in widely disparate countries.

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