| United Nations | A/50/36 |
General Assembly
Distr. GENERAL
2 November 1995
ORIGINAL:
ENGLISH
Fiftieth session
REPORT OF THE UNITED NATIONS HIGH
COMMISSIONER FOR HUMAN RIGHTS*
________________________
* The present document is a mimeographed version of the report of the
United Nations High Commissioner for Human Rights. The final report will
be issued as Official Records of the General Assembly, Fiftieth Session,
Supplement No. 36 (A/50/36).
95-33633 (E) 201195/...
*9533633*
CONTENTS
Chapter Paragraphs Page
INTRODUCTION ..........................................1 - 43
I. PROMOTION AND PROTECTION OF HUMAN RIGHTS ..............5 - 584
A. International cooperation .........................5 - 154
B. Ratification of human rights treaties .............16 - 177
C. Implementation of human rights ....................18 - 2610
D. Dialogue with Governments .........................27 - 3614
E. Addressing human rights situations ................37 - 4916
F. Technical cooperation .............................50 - 5322
G. Education and information .........................54 - 5824
II. THEMATIC ISSUES .......................................59 - 8726
A. The right to development - economic, social and
cultural rights ...................................59 - 6326
B. Equality and non-discrimination ...................64 - 8027
C. Extrajudicial, summary or arbitrary executions ....81 - 8232
D. Torture ...........................................83 - 8432
E. Enforced disappearances ........................... 8533
F. Internally displaced persons ......................86 - 8733
III. UNITED NATIONS HUMAN RIGHTS MACHINERY .................88 - 10135
A. Cooperation and coordination ......................88 - 9035
B. Treaty bodies .....................................91 - 9235
C. Special procedures ................................93 - 9436
D. Adaptation of the machinery .......................95 - 9939
E. Resources .........................................100 - 10140
IV. CONCLUSIONS: IMPLEMENTING THE VIENNA DECLARATION
AND PROGRAMME OF ACTION ...............................102 - 10742
INTRODUCTION
1. The fiftieth anniversary of the United Nations prompts a reflection on
the achievement by the international community, since 1945, of one of the
main purposes of the United Nations, namely, to achieve international
cooperation in promoting and encouraging respect for human rights and
fundamental freedoms for all without distinction as to race, sex, language
or religion. It is an opportune time for stocktaking, particularly in
respect of our assets and shortcomings, the observable trends in our
activities and the responses to be adopted to the challenges ahead. Those
questions were on the agenda of two high-level panel discussions organized
by the High Commissioner for Human Rights in New York on 25 October 1995 in
connection with the fiftieth anniversary: the first on the future of the
human rights programme of the United Nations, and the second on women's
rights as human rights.
2. Further to the recommendations of the World Conference on Human Rights
in its Vienna Declaration and Programme of Action 1/ and the ensuing
establishment of the Office of the High Commissioner for Human Rights, the
human rights programme of the United Nations is undergoing extensive
transformation and development. The implementation of human rights is
being considered as one of the cornerstones of, and a top priority in,
international activities and efforts aimed at the achievement of a world
order based on cooperation, stability and peace. In view of the fact that
the promotion and protection of human rights depends, first and foremost,
on appropriate policies and structures at the national level, the United
Nations is increasingly addressing human rights problems where they
actually occur. In cooperation with Governments concerned, specialized
agencies, and intergovernmental and non-governmental organizations,
technical cooperation is being developed and human rights field presence
set up.
3. The call by the World Conference on Human Rights for a United Nations
system-wide approach to human rights issues is increasingly being reflected
in the activities of its programmes and agencies and in the recommendations
of major international conferences held recently. The implementation of
the human rights programme of the United Nations is the responsibility of
the entire human rights community, including Governments, the United
Nations specialized agencies, relevant intergovernmental organizations,
national and academic institutions, and non-governmental organizations.
The integration and coordination of efforts and activities are the best
guarantee for the accomplishment of the objectives set by the international
community in this complex field. The ambitious human rights tasks
entrusted to the United Nations require a competent and operative machinery
and appropriate human and financial resources.
4. The Vienna Declaration and Programme of Action provides the guidelines
for the United Nations human rights programme. The methods and means by
which it is being implemented are reflected throughout the present report.
However, detailed information concerning the ways in which the
recommendations adopted by the World Conference on Human Rights are being
put into effect is also contained in other reports dealing with human
rights submitted to the General Assembly at its fiftieth session.
I. PROMOTION AND PROTECTION OF HUMAN RIGHTS
A. International cooperation
5. International cooperation is fundamental for the promotion and
protection of human rights. Cooperation with all human rights actors and
better coordination of human rights efforts throughout the United Nations
system are essential to improve the efficiency and effectiveness of the
human rights programme. The High Commissioner has been vested by the
General Assembly with a specific responsibility in this respect. Thus,
from the very outset of his mandate he has attached primary importance to
setting up a framework for a close and continuous cooperation with
Governments, United Nations agencies and programmes, other international
organizations, national institutions for the promotion and protection of
human rights, and non-governmental organizations. Mutual support of
efforts, facilitating of joint or coordinated human rights activities and
the rational use of available resources should lead to better protection of
all those who need it.
6. The following fundamental presumptions should guide international
cooperation in the field of human rights: (a) the primary responsibility
for the promotion and protection of human rights rests with Governments;
(b) the promotion and protection of all human rights is a legitimate
concern of the international community; (c) the international community
should foster processes leading towards a better implementation of human
rights and the strengthening of democracy and the rule of law, and should
take all necessary measures to prevent human rights abuses and to eradicate
the gravest human rights violations; (d) the international protection and
promotion of human rights is effective only if based on the principle of
the indivisibility and equal value of all human rights -civil, cultural,
economic, political and social; (e) the interdependence between democracy,
development and respect for human rights, underlined by the World
Conference on Human Rights, offers a prospect of harmonious national and
international activity; (f) the international and regional systems of human
rights protection are complementary and should support each other; and (g)
national institutions, non-governmental organizations, academic
institutions and grass-roots initiatives should be fully accepted as
natural human rights advocates and partners in international cooperation on
human rights.
7. A key element in the High Commissioner's mandate is the responsibility
of engaging in a dialogue with all Governments with a view to securing
respect for all human rights. In the framework of his missions, the High
Commissioner raises general problems relating to the international
protection of human rights, as well as country-specific issues. He has
discussed strengthening national implementation of human rights through the
preparation of national plans of action, the establishment of national
institutions such as human rights commissions or ombudsmen, the
strengthening of the rule of law, and the promotion of human rights
education. The High Commissioner has raised issues relating to economic,
social and cultural rights, as well as the right to development, promotion
of the rights of women, the status of minorities, indigenous people, the
status of non-citizens, the legal status of refugees and asylum-seekers,
protection of the rights of children and conformity of national legislation
with international standards. He has also paid attention to the need for
strengthening international cooperation on human rights and for support for
the United Nations human rights programme.
8. The High Commissioner has undertaken action with regard to the human
rights situation in Chechnya. During his meeting with the Minister for
Foreign Affairs of the Russian Federation at Geneva on 17 January 1995, the
High Commissioner reiterated his profound preoccupation at the reports of
violations of human rights and humanitarian law in Chechnya, characterized
by a large number of civilian victims, and appealed once again for an
immediate end to violence and violations of human rights in full respect
for the Charter of the United Nations, the Universal Declaration of Human
Rights and other international human rights instruments, and humanitarian
law. The High Commissioner offered the cooperation of his office in
connection with the promotion of human rights and the provision of
technical assistance for the re-establishment of basic human rights
infrastructure. In a statement on the situation of human rights in the
Republic of Chechnya made at the fifty-first session of the Commission on
Human Rights, 2/ the Chairman of the Commission invited the High
Commissioner to continue his dialogue with the Government of the Russian
Federation with a view to securing respect for all human rights. The High
Commissioner's representative visited the Russian Federation, including
Chechnya and Ingushetia, from 20 to 30 May 1995. The dialogue of the High
Commissioner with the authorities of the Russian Federation and the
Organization for Security and Cooperation in Europe concerning the
modalities of United Nations involvement in the process of restoration of
human rights protection in Chechnya is ongoing.
9. The regional intergovernmental organizations and the United Nations
have parallel objectives with regard to the promotion and protection of
human rights. That is the basis on which cooperation between the United
Nations human rights programme and those organizations is being developed.
Experience gathered shows how helpful and mutually endorsing such
cooperation can be. A framework for coordination of efforts has been
created with the Organization of American States, the Organization of
African Unity, the European Union, the Council of Europe, the Organization
for Security and Cooperation in Europe, and the Council of the Baltic
States. The World Conference on Human Rights reiterated the need to
consider the possibility of establishing regional and subregional
arrangements for the promotion and protection of human rights where they do
not already exist. It also recommended that more resources should be made
available for strengthening or establishing regional arrangements under the
technical cooperation programme of the Centre for Human Rights of the
Secretariat. The Centre regularly organizes regional workshops aimed at
facilitating efforts to establish regional human rights arrangements and
institutions. It also provides, if required, direct technical and
financial support to existing regional human rights organizations. 3/ The
High Commissioner is continuing to participate in discussions about the
setting up of a regional or subregional human rights arrangement in Asia.
10. Practical cooperation with regard to specific areas or cases is of
particular importance. The High Commissioner is cooperating with the
Organization for Security and Cooperation in Europe (OSCE), inter alia,
with regard to the human rights situation in Chechnya and is participating
in the coordinating initiative of OSCE, the Office of the United Nations
High Commissioner for Refugees (UNHCR) and the International Organization
for Migration (IOM) relating to European developments. The European
Commission has provided 31 highly qualified personnel, who are working as
an integral part of the United Nations human rights operation in Rwanda
(see also para. 40). The European Commission has also agreed to give
financial support to preventive human rights action of the High
Commissioner in Burundi. Working agreements are under discussion with the
Inter-American Commission on Human Rights, the Council of Europe and OSCE.
These are all good examples of cooperation, mutual assistance and the most
efficient use of limited resources.
11. As the World Conference on Human Rights stressed, national
institutions constitute an important and growing infrastructure for human
rights promotion and protection world wide. Their impact on the
implementation of human rights is demonstrable and practical. The United
Nations human rights programme encourages the setting up of such
institutions. Through the technical cooperation programme, it provides
them with a framework for cooperation, exchange of experience and mutual
support, as well as with assistance, including training and information.
The High Commissioner has recently established a senior adviser in his
office, who is already assisting a number of Governments that have decided
to create such national institutions. An overall programme for
strengthening existing national institutions, particularly those which have
just been set up, is also being prepared. The third international workshop
on national institutions for the promotion and protection of human rights
was conducted successfully at Manila in April 1995 at the invitation of the
Government of the Philippines. Further meetings at the regional level will
take place in the next few months.
12. The World Conference on Human Rights recognized the important role of
non-governmental organizations in the promotion of all human rights and in
humanitarian activities at the national, regional and international levels.
The active presence of the human rights constituency, embodied by non-
governmental organizations, grass-roots initiatives and individuals, has
become a prerequisite of efficient action in the field of human rights.
The United Nations is strongly interested in close cooperation with non-
governmental organizations, as well as in implementation of its human
rights programme through non-governmental organizations, if their
potentials so allow. Non-governmental organizations are natural partners of
the High Commissioner: regular meetings and consultations with them have
become an important component of his activities.
13. Collaboration with academic institutions is an important tool in the
implementation of the Vienna Declaration and Programme of Action. A number
of such institutions have already offered their cooperation in preparing
background policy studies in important human rights areas, for example,
prevention of human rights violations, the right to development, economic,
social and cultural rights, the protection of minorities, compilation and
publicizing of the jurisprudence of the treaty monitoring bodies, and
information and documentation. Academic institutions have also expressed
their readiness to cooperate actively in the realization of the United
Nations Decade for Human Rights Education.
14. To facilitate the very important work in the area of human rights of
individuals, groups and organs of society, a proper legal framework and
protection should be established. In this context, the High Commissioner,
following up the calls of the General Assembly and the Commission on Human
Rights, has appealed to the working group of the Commission on Human Rights
to complete as soon as possible the draft declaration on the right and
responsibility of individuals, groups and organs of society to promote and
protect universally recognized human rights and fundamental freedoms.
15. Continuous coverage of human rights issues by the media is becoming
increasingly important. However, while grave human rights violations
attract the attention of the media and the general public, the coverage of
less spectacular situations which might be called "silent tragedies" and of
activities aimed at promoting human rights is not as satisfactory. Urgent
steps need to be taken in order to improve this situation.
B. Ratification of human rights treaties
16. Since 1945, a comprehensive body of human rights standards has been
elaborated in the framework of the United Nations. In order to ensure
respect for all the human rights of each person in the world on an
impartial, objective and non-selective basis, the World Conference on Human
Rights set the goal of universal ratification of the basic human rights
treaties. To achieve this objective, the Secretary-General launched a
world-wide campaign in September 1994, which is being continued by the High
Commissioner in his contacts with Governments, human rights organs and
bodies, national institutions and non-governmental organizations. The
results achieved have been remarkable, although determined efforts must
still be continued. The human rights technical cooperation programme is
available to facilitate the ratification of human rights treaties. The
World Conference invited States to consider limiting the extent of
reservations to international instruments, to formulate them as precisely
and narrowly as possible, and to review them regularly with a view to
withdrawing them. Preparations are under way to convene two regional
meetings, in Africa and in Asia, with government representatives to promote
universal ratification. Two studies dealing, respectively, with the
problem of reservations and with obstacles to ratification have also been
initiated. The World Conference called for accession to the optional
communications procedures under human rights treaties. The High
Commissioner, in his dialogue with Governments, encourages States to comply
with this call.
17. The General Assembly, at its forty-ninth session, in resolution 49/178
of 23 December 1994, again urged States parties to make every effort to
meet their reporting obligations, and in its resolution 1995/92 of 8 March
1995, 4/ the Commission on Human Rights urged States Parties to address, as
a matter of priority, at their scheduled meetings, the issue of States
parties consistently not complying with their reporting obligations. In
its resolution 49/145 of 23 December 1994, the General Assembly welcomed
the innovatory procedures adopted by the Committee on the Elimination of
Racial Discrimination for reviewing the implementation of the International
Convention on the Elimination of All Forms of Racial Discrimination in
States whose reports are overdue.
C. Implementation of human rights
18. The General Assembly, the Commission on Human Rights, country and
thematic special rapporteurs, working groups and the treaty bodies attach
great importance to strengthening the implementation of human rights world
wide. In keeping with his mandate, the High Commissioner is determined to
make his contribution in this regard. During his missions to countries and
on other occasions, he has stressed that although the adoption of
legislation consistent with international standards is of paramount
importance, it is still necessary to apply it in practice. Furthermore,
the cooperation of Member States is a precondition for the efficient
functioning of the international human rights machinery which monitors and
assists in the implementation of the international human rights standards.
19. The Commission on Human Rights, at its recent sessions, has been able
to observe encouraging trends. A growing number of countries have
developed a working relationship with the Commission and its mechanisms. A
number of countries have improved their human rights record. The end of
apartheid and the beginning of democracy through free elections are the
achievements of a human rights process embodied in the presidency of Nelson
Mandela in South Africa. Another example of the world-wide process of
transition to democracy and respect for human rights was the return of
President Jean-Bertrand Aristide to Haiti, which was strongly called for by
the General Assembly and the Commission on Human Rights. The international
community welcomed the release from house arrest of Nobel Peace Prize
Laureate Daw Aung San Suu Kyi. Resolutions adopted by the Commission at
its fifty-first session under the agenda item concerning advisory services
in the field of human rights are guiding the provision of assistance to
Cambodia, El Salvador, Guatemala, Somalia and Togo.
20. At its fifty-first session, the Commission on Human Rights considered
the final report of the Ad Hoc Working Group of Experts on southern Africa
5/ and expressed appreciation for the work accomplished by the Working
Group throughout its 28 years of existence. The transition from apartheid
to a multiracial, multi-ethnic, pluralistic, democratic system based on
universal suffrage throughout South Africa justified the conclusion of the
work of the Working Group. With respect to the transition to democracy in
South Africa, the Commission on Human Rights, in its resolution 1995/9 of
17 February 1995, 4/ taking note of the final report of the Special
Rapporteur of the Subcommission on Prevention of Discrimination and
Protection of Minorities on monitoring the transition to democracy in South
Africa, 6/ expressed its appreciation to the Special Rapporteur and its
profound satisfaction at the entry into force of South Africa's new
Constitution on 27 April 1994, the holding of one person/one vote elections
from 26 to 29 April 1994, the convening of South Africa's new Parliament on
5 May 1994 and the installation on 10 May 1994 of its President and
Government of National Unity. The Commission considered that the mandate
of the Special Rapporteur had been successfully concluded, and decided to
terminate it. In addition, the Commission decided to suspend the
monitoring activities of the Group of Three established under the
International Convention on the Suppression and Punishment of the Crime of
Apartheid.
21. The positive developments, however, are accompanied by the concern
expressed by the General Assembly and the Commission on Human Rights with
regard to (a) obstacles to the enjoyment of all human rights by all, (b)
serious human rights violations, and (c) difficult human rights situations
in a relatively large number of countries. Resolutions of those organs
have drawn the attention of Governments, the United Nations system and the
general public to those problems and have called for action with regard to
extreme poverty and problems related to sustainable development,
international debt, impunity, racism and xenophobia, discrimination against
women, ethnic and religious intolerance, mass exoduses and refugee flows,
armed conflicts and terrorism, and lack of the rule of law as major
obstacles to human rights. The outcome of the intensive work concerning
the right to development, as well as the strengthening of the interlinkage
between democracy, development and human rights, should provide a helpful
strategy to meet the needs in this respect. The General Assembly and the
Commission and its mechanisms have for many years alerted the international
community to such problems as extrajudicial, summary or arbitrary
executions; torture and enforced disappearance; arbitrary detention;
violence against women, children and vulnerable groups; and internally
displaced persons. The Commission has also elaborated measures, which
should be applied with the greatest determination, to combat those
violations at the national and international levels. At its fifty-first
session, in its consideration of the question of violations of human rights
and fundamental freedoms in any part of the world, with particular
reference to colonial and other dependent countries and territories, the
Commission expressed its concern about the human rights situation in
Afghanistan, Burundi, Cyprus, Cuba, Equatorial Guinea, Haiti, the Islamic
Republic of Iran, Iraq, Myanmar, the Papua New Guinea island of
Bougainville, the Republic of Bosnia and Herzegovina, the Republic of
Croatia and the Federal Republic of Yugoslavia (Serbia and Montenegro),
Rwanda, southern Lebanon and the Western Bekaa, Sudan, Zaire and, in the
Chairman's statement, Chechnya. The Commission also considered violations
of human rights in the occupied Arab territories, including Palestine,
human rights in the occupied Syrian Golan, and Israeli settlements in the
occupied Arab territories, and the situation in occupied Palestine, as well
as the question of Western Sahara. In addition, various thematic
rapporteurs and working groups, in their reports to the Commission, pointed
out serious human rights problems in a number of countries and made
recommendations in this regard. The High Commissioner, in his dialogue
with Governments, follows up on the recommendations of all mechanisms of
the Commission with a view to securing respect for all human rights.
22. A particularly difficult situation arises when Governments refuse or
limit their cooperation with the Commission or its mechanisms. This is a
major obstacle to providing assistance to Governments and to those members
of society who need it. The General Assembly at its forty-ninth session,
in resolution 49/186 of 23 December 1994, again urged all States to
cooperate with the Commission on Human Rights in the promotion and
protection of human rights and fundamental freedoms. Unfortunately,
resolutions of the General Assembly and the Commission give instances of
non-compliance with this recommendation. For example, in its resolution
1995/38 of 3 March 1995, 4/ the Commission deplored that, as the Working
Group on Enforced or Involuntary Disappearances had stressed in its report,
some Governments had never provided substantive replies concerning enforced
disappearances alleged to have occurred in their countries, nor acted on
the recommendations of the Working Group concerning them. In the same
resolution, the Commission urged Governments concerned, particularly those
which had not yet acted with regard to communications transmitted to them,
to intensify their cooperation with the Working Group. (See also General
Assembly resolution 49/193 of 23 December 1994, on the question of enforced
or involuntary disappearances.) Also, in resolutions adopted at its fifty-
first session, the Commission frequently stressed its concern about the
lack of or inadequate cooperation with the United Nations machinery, in
particular with the Commission's mechanisms. In keeping with his mandate,
the High Commissioner assists the Commission, its mechanisms and other
relevant parts of the United Nations human rights machinery, as well as
Governments, in establishing and developing mutual working contacts with a
view to implementing relevant Commission resolutions. In addition, while
undertaking missions to various countries, the High Commissioner is paving
the way for cooperation between Governments and United Nations organs and
bodies. It is to be firmly stressed, however, that his presence in a
country does not replace missions and other activities of other competent
mechanisms, in particular visits by special rapporteurs and representatives
of the Commission or experts of treaty bodies.
23. The implementation of human rights requires unimpeded cooperation of
individuals and groups with the United Nations and representatives of its
human rights bodies. The Commission on Human Rights reiterated in its
resolution 1995/75 of 8 March 1995, 4/ its concern at the continued reports
of intimidation and reprisals against private individuals and groups who
seek such cooperation. The General Assembly referred, in its resolutions
49/197 and 49/198 of 23 December 1994, to acts of deprivation of freedom of
people who contacted or were seeking to communicate with special
rapporteurs. The High Commissioner pays close attention to this issue in
all his contacts with Governments, as well as with non-governmental
organizations and other parts of civil society. No one must be deprived of
his or her freedom because of cooperation with the United Nations and
representatives of its bodies. The General Assembly, in its resolution
49/178 of 23 December 1994, recognized the important role played by non-
governmental organizations in the effective implementation of all human
rights instruments.
24. The question of impunity has acquired a growing importance. Two
Special Rapporteurs of the Subcommission on the Prevention of
Discrimination and Protection of Minorities are undertaking a study of the
question of the impunity of violators of human rights, both civil and
political rights and cultural, economic and social rights. In 1995 the
Subcommission considered their progress reports and requested the Special
Rapporteurs to submit their final reports at its next session.
25. Every year, thousands of letters and communications are addressed by
individuals and non-governmental organizations to the Secretary-General,
the General Assembly, the Commission on Human Rights and other United
Nations organs, alleging human rights violations and seeking United Nations
intercession on behalf of alleged victims. The bulk of them are examined
through a procedure involving the Commission on Human Rights and the
Subcommission on Prevention of Discrimination and Protection of
Minorities - pursuant to Economic and Social Council resolution 1503
(XLVIII) of 27 May 1970 - which seeks to identify and respond to systematic
and gross violations of human rights. Other communications are examined by
treaty-monitoring bodies, which can adopt judicial-like decisions. The
international jurisprudence created by these bodies is cited by national
courts and tribunals.
26. Considerable progress has been achieved in monitoring the
implementation of the decisions of the treaty bodies. The creation by the
Human Rights Committee of the Special Rapporteur for the follow-up of Views
(final decisions on the merits of individual communications) and other
measures taken by other treaty monitoring bodies, as well as the dialogue
of the High Commissioner with the Governments concerned, play an important
role in this regard.
D. Dialogue with Governments
27. During his visits to countries, the High Commissioner discussed human
rights matters with the highest authorities of Governments, parliaments and
the judiciary and with representatives of minorities, indigenous people,
religious and cultural communities, national human rights institutions,
non-governmental organizations and academic institutions. The High
Commissioner also raised issues concerning areas which were witnessing
particularly difficult human rights problems. Since the submission of his
first report to the General Assembly, at its forty-ninth session, 7/ the
High Commissioner has visited Australia, Burundi (for the third time),
Canada, Colombia, Costa Rica, Cuba, India, Panama, Rwanda (for the third
time), Spain and the United States. A brief presentation of the visits
which took place after the submission of the High Commissioner's report to
the Commission on Human Rights at its fifty-first session is given below.
(The High Commissioner also visited the Holy See and Italy in October
1995.)
28. The High Commissioner's visits to Burundi and Rwanda, in March 1995,
served to review the ongoing United Nations human rights activities in
those countries (see also paras. 38 and 43 below).
29. During his visit to Canada, from 21 to 24 March 1995, the High
Commissioner referred to the human rights aspects of the Canadian foreign
policy review. The following questions, among others, were considered:
protection of aboriginal people, including land claims and self-government;
protection against discrimination with respect to race and sex; assistance
programmes for minorities; incorporation in human rights legislation of
more explicit reference to economic, social and cultural rights; judicial
control over administrative decisions; and differences between provincial
and federal legislation in the field of human rights. The representatives
of the Government declared the Government's intention of allocating more of
its assistance to human rights activities and programmes. The High
Commissioner discussed Canada's support both to emergency human rights
situations and for preventive human rights action, including standby
arrangements. He analysed with national institutions, academic
institutions and non-governmental organizations their involvement in the
implementation of the Vienna Declaration and Programme of Action. During
his stay in Canada, he also discussed issues relating to the reform of the
international financial institutions scheduled to be addressed at the
Summit of the Group of 7 major industrialized countries, which was to meet
at Halifax in June 1995.
30. In his visit to Australia, from 25 to 30 April 1994, the High
Commissioner discussed the responsibility of state or territory governments
for the implementation of international human rights instruments; the
situation of Aboriginals and Torres Strait islanders; the Native Title Act;
the continuation of policy aimed at adequate compensation for
discrimination and injustices against Aboriginals in the past; and
differences in legislation concerning education within the federal system
of Australia. The Australian contribution to the international protection
of human rights was also discussed, especially with respect to national
institutions, possible standby arrangements in the context of emergency
human rights situations and preventive human rights action.
31. In India, which the High Commissioner visited from 30 April to 6 May
1995, consultations focused on the domestic legislative and policy measures
which were being taken to solve existing human rights problems. The High
Commissioner raised such matters as: arbitrary and preventive detention;
the treatment of detainees, including cases of custodial rape by members of
the police and security forces; cases of enforced disappearance; failure to
take judicial action against police officers accused of violations of human
rights; the partial application of the International Covenant on Civil and
Political Rights to disturbed areas of the country; social inequalities
relating to the caste system; and policies adopted to eliminate the caste
of untouchable. He was familiarized with policies intended to provide
equal opportunities for members of lower castes, tribes and minority
communities and to improve working conditions for the extreme poor. The
Government informed the High Commissioner about the modification of
emergency laws, in particular the Terrorist and Disruptive Activities
(Prevention) Act, so as to bring them into line with international human
rights standards. The Government also declared its willingness to invite
representatives of special procedures established by the Commission on
Human Rights to visit the country and pledged contributions to the United
Nations voluntary funds in the field of human rights. The High
Commissioner emphasized the important role of national institutions in the
country, and discussed the modalities of cooperation between the Indian
institutions and the United Nations human rights programme. He paid
particular attention to the human rights situation in Jammu and Kashmir,
which he visited from 2 to 4 May. He was informed by representatives of
parties involved about developments. In Jammu and Kashmir an atmosphere of
violence prevailed. While it appeared that both security forces and
insurgents were involved in human rights violations, the High Commissioner
stressed that there was a specific obligation on the part of the Government
to ensure the promotion and protection of human rights and to take the
necessary measures to limit and punish abuses by those individuals who
should enforce the law. The High Commissioner called on all protagonists
fully to respect human rights in Jammu and Kashmir.
32. In Spain, which the High Commissioner visited from 16 to 18 May 1995,
consultations with the representatives of the Government covered:
accession to international human rights treaties which Spain was not a
party to, for example, the International Convention on the Protection of
the Rights of All Migrant Workers and Members of Their Families and the
communication procedure under the International Convention on the
Elimination of All Forms of Racial Discrimination; implementation of the
recommendations of treaty bodies and special procedures; cases relating to
Spain received by the Centre for Human Rights, including alleged cases of
torture; criminal procedure, including the length of incommunicado
detention under the emergency law; impunity; and problems relating to the
protection of the human rights of gypsies. Representatives of the
Government analysed with the High Commissioner possible forms of increased
participation by Spain in the United Nations human rights programme,
through, inter alia, support for emergency operations, contributions to
voluntary funds, technical cooperation projects in Latin America and
support for the human rights education programmes.
33. In the United States of America, which he visited from 5 to 11 June
1995, the High Commissioner discussed United States support for United
Nations human rights activities, including the human rights field operation
in Rwanda. He also focused on: ratification by the United States of
international human rights treaties and their implementation; the need to
increase the Government's efforts to prevent and eliminate discriminatory
attitudes against persons belonging to minority groups and against women;
revision of Federal and state legislation aimed at abolishing the death
penalty for minors and restricting the number of offences carrying the
death penalty, with a view to the overall abolition of that penalty;
adoption of measures to ensure that previously recognized American Indian
rights not be extinguished; the need to ensure that the police do not use
violence, especially against persons belonging to ethnic or racial
minorities; and measures aimed at the elimination of discrimination against
women belonging to ethnic minorities. The High Commissioner had the
opportunity to analyse the current challenges to human rights and various
aspects of the United Nations human rights programme with academic
institutions and non-governmental organizations.
34. During his visit to the United States, the High Commissioner met
representatives of the Organization of American States, including the
Inter-American Commission on Human Rights, to explore possibilities for
cooperation. He proposed that a framework of cooperation be defined
shortly that would cover, inter alia, human rights monitoring, research,
and technical cooperation activities.
35. In his discussions in Costa Rica from 11 to 13 June 1995, the High
Commissioner discussed ratification of additional instruments in the field
of human rights; strengthening of the protection of the rights of detainees
and enhancing police training; conditions in prisons; the need for review
and possible reform of labour legislation in order to ensure that freedom
of association is guaranteed; implementation of the Convention on the
Rights of the Child, in particular with respect to economic adjustment
policies; the need to improve gender equality and the situation of women;
and State policy aimed at the solution of problems relating to the issue of
the large number of illegal immigrants. The High Commissioner also
discussed the concept of a regional meeting concerning the strategy of the
United Nations Decade for Human Rights Education and cooperation with the
Inter-American Institute of Human Rights in San Jose.
36. In Panama, which he visited on 14 and 15 June 1995, the High
Commissioner discussed various aspects of strengthening domestic human
rights protection, including the creation of the post of ombudsman and a
commission of inquiry with respect to the situation of indigenous people.
He also raised the question of the ratification of human rights instruments
which Panama was not a party to and delays in the presentation of reports
to the various treaty bodies. The High Commissioner discussed: reform of
the jail system; reports of torture; recommendations made as a result of
the visit by two members of the Committee on Economic, Social and Cultural
Rights in April 1995 to examine the issue of housing; and the inconsistency
of some provisions of the labour law with international human rights
standards. The Government declared its readiness to invite a United
Nations mission to monitor the human rights of the indigenous population.
It also announced its willingness to increase its contribution to United
Nations human rights voluntary funds. The possibility of Panama joining a
subregional programme of assistance to improve conditions in prisons,
carried out in cooperation with the United Nations Development Programme
(UNDP) and other bodies, was also considered.
E. Addressing human rights situations
1. Preventive and responsive activities
37. Prevention of human rights violations is an essential part of an
overall United Nations strategy to avert social disasters. As a
consequence of the World Conference on Human Rights and since the
establishment of the post of High Commissioner for Human Rights, the
concept of prevention has had a strong impact on the entire human rights
programme. Close cooperation between the High Commissioner and
Governments, special procedures, treaty bodies, relevant programmes and
agencies, and non-governmental organizations is a very useful tool both in
providing early warning of potential emergencies and in mitigating or even
avoiding such disasters. The High Commissioner has invited the human
rights treaty bodies, the special rapporteurs and representatives, experts
and working groups established by the Commission on Human Rights, the
United Nations programmes and agencies, and non-governmental organizations
to call his attention to situations which might need United Nations action.
The capacity of the Centre for Human Rights to analyse and review
information of this kind has already been enhanced. The technical
cooperation programme has been adapted and strengthened to meet the
requirements of preventive activities.
38. The United Nations human rights presence which was set up in Burundi
in 1994 provides an example of preventive action taken by the High
Commissioner. The High Commissioner's third visit to Burundi in 12 months
took place in March 1995 and followed his emergency message addressed on 17
February 1995 to the Commission on Human Rights at its fifty-first session
calling for all the necessary measures to prevent the situation in the
country from deteriorating. The Commission, in its resolution 1995/90 of 8
March 1995, 4/ decided to appoint a special rapporteur on the situation of
human rights in Burundi. With the agreement of the Government of Burundi,
an office of the High Commissioner was established in Bujumbura on 15 June
1994 to implement a broad technical cooperation programme. The financial
assistance of the European Commission should allow the deployment of up to
35 human rights officers.
39. The concern of the World Conference on Human Rights about widespread
human rights abuses and the responsibility of the High Commissioner for
playing an active role in stopping human rights violations throughout the
world have opened a new avenue to the United Nations human rights
programme. Activities developed in this framework should: (a) assist all
actors involved in bringing human rights violations to an end; (b)
facilitate the involvement of the United Nations human rights machinery in
the process of restoring respect for human rights; and (c) provide human
rights assistance to victims of human rights violations.
40. The High Commissioner continues to respond with comprehensive action
to the aftermath of the tragic human rights violations in Rwanda. The
current activities of the human rights field operation in Rwanda, which are
conducted in accordance with the revised operational plan submitted during
the UNDP Round Table Conference on Rwanda on 18 and 19 January 1995, focus
on monitoring the situation and providing technical cooperation in the
field of human rights. The human rights field operation supports the work
of the Special Rapporteur in the fulfilment of his mandate and works in
close cooperation with the International Tribunal for Rwanda with respect
to investigations on genocide. Through its programme of technical
cooperation, the field operation focuses attention on grass-roots human
rights development activities, as well as on the rehabilitation of the
administration of justice. Currently, some 115 personnel are deployed
throughout Rwanda. The European Commission has supported the operation by
providing 31 human rights officers who have acted as an integral part of
the operation. The High Commissioner participated in a consolidated appeal
on Rwanda organized by the Department of Humanitarian Affairs of the
Secretariat on 20 January 1995. The human rights field operation has been
feasible owing to the voluntary support provided by a number of countries
which have responded to the requests of the High Commissioner.
41. The United Nations human rights programme continues its efforts
relating to human rights aspects of the situation in the territory of the
former Yugoslavia. Reports of the Special Rapporteur on the human rights
situation in the former Yugoslavia, whose mandate is supported by a human
rights field operation conducted by the High Commissioner, were considered
by the Commission on Human Rights at its fifty-first session. In the light
of the request of the Government for assistance, following the
establishment of the Federation of Bosnia and Herzegovina and the terms of
the December 1994 agreements on cease-fire and cessation of hostilities,
the High Commissioner, after consultation with the Secretary-General and
his Special Representative, took the initiative of convening a meeting on 3
February 1995 to develop, in close cooperation with other United Nations
bodies operating in Bosnia and Herzegovina, a coordinated and more
effective response to human rights requirements in the country. On 1 June
1995 the High Commissioner appointed a representative responsible for
coordination of the United Nations activities relating to human rights in
the countries established on the territory of the former Yugoslavia. Human
rights training has been provided by the Centre for Human Rights to United
Nations Protection Force (UNPROFOR) personnel. On the basis of the
Agreement of 6 August 1995 between the Government of the Republic of
Croatia and the United Nations Peace Forces - UNCRO, human rights officers
from the Centre for Human Rights have headed the human rights action teams
deployed in Krajina. The High Commissioner acknowledged with deep regret
the resignation of Mr. Mazowiecki, who submitted his last report on the
situation in the former Yugoslavia in August 1995. Mrs. Rehn (Finland),
the new Special Rapporteur, took up her duties at the beginning of October.
In the light of the recent peace negotiations concerning Bosnia and
Herzegovina, the High Commissioner stressed that human rights constituted a
pillar of the reconstruction effort and should become a building block of
the foundations of the new social structures which would emerge from the
conflict in the former Yugoslavia. He also declared his willingness to
cooperate closely in the framework of the human rights component of the
future peace agreement with regional organizations, such as OSCE or the
Council of Europe, and United Nations agencies, as well as with academic
institutions and non-governmental organizations. The High Commissioner is
ready to contribute to the joint endeavours in the areas of coordination,
monitoring, confidencebuilding and technical cooperation for the
establishment or strengthening of the judiciary and of national
institutions for the respect of human rights and the rule of law, providing
support for human rights education programmes and human rights community
development activities, and human rights training to the staff of the
military and civilian component of a peace operation. Following the
appointment of the new Special Rapporteur, the High Commissioner decided to
increase the human rights staff presence in Zagreb, Mostar, Sarajevo and
Skopje. This will ensure greater human rights protection capacity at a
crucial stage of the political negotiations. In addition, a dialogue with
the Government of the Federal Republic of Yugoslavia (Serbia and
Montenegro) has been initiated to establish a continuous human rights
presence throughout the entire territory of the Republic.
42. Preventive and responsive human rights field operations have been
considerably enlarged, giving the United Nations human rights programme a
new dimension. They require adaptation of the United Nations human rights
infrastructure and adequate resources, so that prompt and comprehensive
measures can be taken. Preventive actions can save lives and avert human
suffering and, eventually, they may well prove to be more cost efficient
than reacting after the fact. In addition to operations in Rwanda, Burundi
and the former Yugoslavia, it is also proposed to send two human rights
officers to Zaire. The General Assembly, in its resolution 49/204 of 23
December 1994, requested the Secretary-General to seek ways and means,
including through consultations with the High Commissioner and relevant
regional organizations, to establish an adequate monitoring presence in
Kosovo.
43. An evaluation of the human rights field operation in Rwanda and other
similar experiences helps to identify measures necessary to make operations
of this sort successful and factors which jeopardize them. Such an
evaluation makes the following observations possible: (a) the United
Nations response to human rights emergency situations should be prompt and
target-oriented; (b) the major objective of preventing violations from
occurring or of putting a halt to them may be accomplished by simultaneous
monitoring of the human rights situation and strengthening of national
capacities in the field of human rights, confidence-building measures, and
development of civil society and a human rights culture; and (c) effective
early warning requires that the High Commissioner be informed by the United
Nations programmes and agencies, Governments and non-governmental
organizations about situations which could lead to grave human rights
violations on a large scale.
44. Close cooperation with Governments, United Nations programmes and
agencies, and intergovernmental and non-governmental organizations is being
developed to ensure the effectiveness of human rights field operations. As
a result, logistical and human resources such as human rights field
officers and legal experts, should be available at short notice for such
operations.
2. Assistance to countries in transition to democracy
45. A number of countries are in transition from authoritarian to
democratic rule, a fact which opens the avenue to the full protection of
human rights. This crucial process requires encouragement and international
cooperation, as stressed in the Vienna Declaration and Programme of Action.
The provision of assistance aimed at establishing and strengthening human
rights infrastructure, the rule of law and democracy is a momentous
responsibility of the United Nations and, in particular, of its human
rights programme. To ensure this assistance, emphasis has been placed on
three major objectives: (a) elaboration of national human rights
programmes, which should be carried out in cooperation with the United
Nations; (b) development of the technical cooperation programme to respond
to the needs of countries in democratic transition; and (c) strengthening
of the related United Nations infrastructure. The Voluntary Fund for
Technical Cooperation in the Field of Human Rights plays an important role
in this respect. Several periodic information meetings have been convened
to increase the transparency of the programme. UNDP has provided a
coordinator for the Fund. 3/
46. In Malawi, a two-year technical cooperation programme based on the
Joint Declaration of Cooperation for the Development of Programmes for the
Promotion and Protection of Human Rights, signed by the High Commissioner
and the Vice-President of the Republic, was launched on 1 January 1995.
The office of the High Commissioner for Human Rights in Lilongwe, which was
opened in mid-November 1994, assists in the implementation of this
programme.
47. Pursuant to resolutions of the General Assembly and the Commission on
Human Rights, the office established by the Centre for Human Rights in
Cambodia in 1994 has the following mandate: to manage the implementation
of a technical cooperation programme, including assistance to the
Government in meeting its obligations under the human rights instruments
Cambodia has acceded to; to assist with the drafting and implementation of
legislation for the promotion and protection of human rights; to assist in
training persons responsible for the administration of justice; to
contribute to the creation and/or strengthening of national institutions
for the promotion and protection of human rights; and to provide support to
bona fide human rights groups.
48. In its resolution 49/201 of 23 December 1994, the General Assembly
requested the Secretary-General, through the High Commissioner and the
Centre for Human Rights, to take appropriate steps for the urgent
establishment, in conjunction with the International Civilian Mission to
Haiti, of a special programme of assistance to the Government and people of
that country in their efforts to ensure the observance of human rights.
Appropriate preparations, especially with regard to financial and human
resources, have been carried out. An independent expert has been appointed
by the Secretary-General, in accordance with Commission on Human Rights
resolution 1995/70 of 8 March 1995, 4/ to furnish assistance to the
Government of Haiti in the field of human rights. He has undertaken a
mission to Canada, Haiti and the United States to gather information on
ways and means to strengthen the project of technical cooperation that is
under way. His report will be submitted to the General Assembly at its
present session. The human rights programme for Haiti includes support to
the Haitian National Commission on Truth and Justice and training courses
for public officials responsible for human rights matters, as well as human
rights education for teachers and curriculum developers.
49. The technical cooperation programme is also assisting in stabilizing
the protection of human rights, democratic institutions and the rule of law
in some Central and Eastern European countries in transition from
authoritarian to democratic rule. The programme has participated in the
implementation of national projects in, for example, Poland, Slovakia,
Romania and the Russian Federation or have prepared reports following needs
assessment missions to, for example, Armenia, Azerbaijan and Georgia.
F. Technical cooperation
50. One of the important responsibilities of the High Commissioner is
providing, through the Centre for Human Rights and other appropriate
institutions, advisory services and technical and financial assistance at
the request of the State concerned and, where appropriate, the regional
human rights organizations, with a view to supporting actions and
programmes in the field of human rights. The technical cooperation
programme, through its multidimensional character, has an essential place
in the promotion and protection of human rights, as well as in the
prevention of human rights violations. The World Conference on Human
Rights emphasized the importance of developing and building institutions
relating to human rights, strengthening a pluralistic civil society and
protecting groups which have been rendered vulnerable.
51. The technical cooperation programme aims, in particular, at providing
assistance relating to: (a) preparation and implementation of national
plans of action; (b) constitutional reforms and review of legislation in
line with international human rights standards; (c) development of national
structures which have a direct impact on the overall observance of human
rights, including building up of national human rights and democratic
institutions and strengthening the rule of law and the administration of
justice; (d) human rights aspects of elections and participation in the
conduct of public affairs; (e) training of members of relevant professions,
such as judges, barristers, teachers, police officers and prison
administrators; (f) broad-based education and public information activities
aimed at promoting respect for human rights; (g) ratification or accession
to international human rights instruments and the fulfilment of States'
reporting obligations; (h) non-governmental organizations and civil
society; (i) information and documentation projects; (j) regional human
rights organizations; and (k) training of international civil servants.
52. The technical cooperation programme currently includes 41 ongoing
projects and 17 pipeline projects in different regions of the world. The
World Conference on Human Rights stressed the need for strengthening this
programme, inter alia, through increasing its resources. Contributions to
the Voluntary Fund for Technical Cooperation in the Field of Human Rights,
which supplement the regular budget, represent an investment in human
rights, democracy and development world wide, one of the best investments
the international community can make.
53. A vision of a new and enhanced partnership with recipient Governments,
relevant human rights institutions and non-governmental organizations in
the implementation of the technical cooperation programme has been
developed. The partnership with non-governmental organizations and
academic institutions is expected to make the programme more effective.
G. Education and information
54. Creating a universal culture of human rights is an essential element
in a long-term strategy to ensure respect for human rights. It is vital
for the encouragement of harmonious intercommunity relations, for mutual
tolerance and understanding and, finally, for peace. The World Conference
on Human Rights recommended that States should develop specific programmes
and strategies for ensuring the widest human rights education and
dissemination of public information, taking particular account of the human
rights needs of women.
55. Following the recommendation of the World Conference, the General
Assembly, in its resolution 49/184 of 23 December 1994, proclaimed the
United Nations Decade for Human Rights Education, 1995-2004. The Decade
should promote and streamline activities of the international community in
the field of human rights education. The Assembly requested the High
Commissioner for Human Rights to coordinate the implementation of the Plan
of Action for the Decade. 8/ A detailed description of the High
Commissioner's activities in promoting the Decade is contained in his
report on the subject to the General Assembly's fiftieth session. The
Centre for Human Rights, in cooperation with the United Nations
Educational, Scientific and Cultural Organizations (UNESCO) and other
relevant agencies and bodies, is assisting Member States to develop
specific programmes and strategies, at the international and national
levels, for ensuring human rights education for all. The establishment of
national committees for the Decade is to be strongly encouraged.
56. Information on human rights and their international and domestic
systems of protection must be disseminated among the general public if
society as a whole is to benefit from respect for those rights. Both
traditional techniques and modern technologies should be used to that end.
The Centre for Human Rights continues to be an important partner in this
process. Its programme of publications, including easily accessible
information on how anyone can act to protect his or her own rights or the
rights of others, assists Governments, national human rights institutions
and non-governmental organizations. The overall human rights database
under preparation in the Centre will be made accessible to all those who
need information on human rights and United Nations human rights
activities. The High Commissioner, in accordance with General Assembly
resolution 48/141 of 20 December 1993, coordinates human rights information
programmes within the United Nations system.
57. Human rights training is required for the personnel involved in the
increasing number of United Nations field operations. The Centre for Human
Rights offers courses, information and special training materials. In
particular, material is being developed for the human rights training of
international civil servants involved in peace-keeping, humanitarian and
relief operations.
58. The human rights publications programme carried out by the Centre for
Human Rights takes an important place in educational activities. Priority
has been given to publications for use in technical cooperation projects,
such as specialized manuals for the training of police, lawyers and judges,
election officials and social workers. Emphasis has also been placed on
the publication of Fact Sheets focusing on priority issues, such as the
protection of indigenous populations, the rights of the child and child
exploitation. Cooperation with other United Nations agencies and
programmes should provide new possibilities in this area through a
coordinated use of resources. Contacts with the media have been
intensified in close cooperation with the Department of Public Information
of the Secretariat and particularly with the United Nations Information
Service at Geneva and United Nations information offices world wide. Steps
have been taken to produce a periodical publication containing information
about activities of the Centre for Human Rights and human rights activities
systemwide.
II. THEMATIC ISSUES
A. The right to development - economic, social and
cultural rights
59. The World Conference on Human Rights set out the vision of supporting
democracy, development and human rights through increased international
cooperation. It stressed the importance of the effective implementation of
the right to development and of economic, social and cultural rights. The
High Commissioner is specifically charged with promoting and protecting the
realization of the right to development and enhancing support from relevant
bodies of the United Nations system for this purpose. His mandate is
placed firmly within the perspective of the interdependent, interrelated
and indivisible nature of all human rights. The High Commissioner has
undertaken the formulation of a strategy in this area which will include:
(a) identification, in cooperation with the agencies, treaty bodies,
especially the Committee on Economic, Social and Cultural Rights, and
experts of the Subcommission on Prevention of Discrimination and Protection
of Minorities, of ways to improve implementation of the right to
development and economic, social and cultural rights, including human
rights aspects of a lasting solution to the debt crisis of developing
countries; (b) consideration of the application of findings and
recommendations of the Working Group on the Right to Development; (c)
promotion of the right to development and economic, social and cultural
rights at the national level, including pilot projects; (d) identifying
further social and economic indicators which should facilitate assessing
the progressive realization of economic, social and cultural rights and
addressing violations of those rights; (e) preparation of procedures for
communications regarding economic, social and cultural rights; (f)
identification of the international action necessary to promote the right
to development; (g) cooperation with international/regional financial and
development organizations and with the regional economic commissions; and
(h) involvement of non-governmental organizations and grass-roots
organizations active in development and human rights in the implementation
of the Declaration on the Right to Development, adopted by the General
Assembly in resolution 41/28 of 4 December 1986. The strategy relating to
the right to development and economic, social and cultural rights is being
developed in the context of the Secretary-General's Agenda for Development
and recent international conferences, in particular the World Summit for
Social Development and the Fourth World Conference on Women. In order to
strengthen the dialogue between human rights non-governmental organizations
and those active in development, the High Commissioner together with the
Executive Secretary of the Economic Commission for Europe, convened during
the fifty-first session of the Commission on Human Rights a meeting of non-
governmental organizations from both groups to discuss the implementation
of the right to development from their perspectives.
60. The World Conference of Human Rights called on regional organizations
and prominent international and regional finance and development
institutions to assess the impact of their policies and programmes on the
enjoyment of human rights. The Commission on Human Rights, at its fifty-
first session, in resolution 1995/13 of 24 February 1995, 4/ requested the
Secretary-General to recommend ways and means to carry out a dialogue
between creditor and debtor countries and to submit a report to the
Commission at its fifty-second session. In the same resolution, the
Commission also affirmed that the process of consultations already
initiated by the Secretary-General, in accordance with its resolution
1994/11, should lead to the convening of high-level meetings at regional
and world levels. It requested the Secretary-General to establish a
programme unit within the Centre for Human Rights for the promotion of
economic, social and cultural rights, in particular those related to the
debt burden of developing countries and the implementation of the right to
development. This request is being taken into account in the framework of
the restructuring of the Centre.
61. In its resolution 1995/13, the Commission on Human Rights also
requested the international financial institutions to report periodically
to the General Assembly and the Economic and Social Council on the social
repercussions of their policies on the full enjoyment of economic, social
and cultural rights in the developing countries. In its resolution 1995/15
of 24 February 1995, 4/ the Commission requested the Secretary-General to
invite the international financial institutions to continue considering the
possibility of organizing an expert seminar on the role of those
institutions in the realization of economic, social and cultural rights.
The seminar is under preparation. The High Commissioner is continuously
emphasizing that protecting economic, social and cultural rights is
particularly important during periods of structural adjustment and during
transitions to market economies. Too often, basic rights such as the right
to health, food, shelter and education receive insufficient protection and
the victims are frequently women and children.
62. In the context of the reform of the Bretton Woods institutions, which
was discussed during the Summit of the Group of 7 major industrialized
countries, held at Halifax, Canada, in June 1995, the High Commissioner
raised the issue of the role of the World Bank and the International
Monetary Fund in the field of human rights with the Foreign Ministers of
the G-7 countries, as well as with the President of the European
Commission. He stressed, inter alia, the role the international financial
institutions should play with respect to social programmes.
63. The results of the dialogue established within the Administrative
Committee on Coordination (ACC) concerning development of indicators of
progress in human rights and assessment of the impact of the strategies and
policies of the various agencies and programmes on the enjoyment of all
human rights will play an important role in promoting the right to
development and economic, social and cultural rights. In addition, a
senior-level meeting of experts will be convened by the High Commissioner
to evaluate results achieved in the implementation of those rights.
B. Equality and non-discrimination
1. Elimination of racial discrimination, xenophobia
and intolerance
64. The World Conference on Human Rights considered the elimination of
racism and racial discrimination as a primary objective for the
international community and a world-wide promotion programme in the field
of human rights. The effective elimination of racism, racial
discrimination, xenophobia, "ethnic cleansing" and religious and other
forms of intolerance requires concerted efforts by the entire international
community: Governments, United Nations programmes and agencies, and
regional and non-governmental organizations. International norms and rules
provide a useful tool for preventing and combating discrimination.
National legislation should be guided by them. However, legislation
against racial discrimination alone is not enough to prevent violations of
human rights in this area. The international community should focus on
further implementation of the relevant human rights instruments and
declarations, as well as the recommendations of the treaty bodies and
special procedures. A periodical comprehensive review of measures adopted
to give effect to them is required.
65. Human rights education and the creation of a climate of tolerance and
understanding between different communities can have a significant impact
on combating discrimination. This purpose should guide the drafting of
relevant curricula at all levels of education. It needs to be perceived by
all members of society that different cultures constitute the common
heritage of all. In addition, cultural multiplicity should be seen as a
means of enriching human values and strengthening human rights standards
and not as an opposition to the universality of those rights.
66. Institutional arrangements which could enhance inter-group
understanding should be promoted. Experience with existing "community
relations commissions" has proved that they can contribute to the
prevention of conflicts and, if required, can have a positive impact on
their resolution. The involvement of vulnerable groups in such
institutional arrangements might facilitate their work and make them
operative and effective structures.
67. The Third Decade to Combat Racism and Racial Discrimination, 1993-
2002, provides the framework for international activities with regard to
the elimination of racism and racial discrimination. The revised Programme
of Action for the Third Decade, adopted by the General Assembly at its
forty-ninth session, in resolution 49/146 of 23 December 1994, guides the
international community in this crucial area. The Commission on Human
Rights, in its resolution 1995/11 of 24 February 1995, 4/ requested the
Secretary-General to publish and distribute as soon as possible the model
legislation on racism and racial discrimination for the guidance of
Governments. On 8 August 1995, the Committee on the Elimination of Racial
Discrimination and the Subcommission on the Prevention of Discrimination
and Protection of Minorities held a joint meeting, with the participation
of the Special Rapporteur of the Commission on contemporary forms of
racism, racial discrimination, xenophobia and related intolerance, for the
purpose of reinforcing their action and cooperation in the framework of the
Third Decade.
68. The activities of the United Nations Year for Tolerance, 1995,
proclaimed by the General Assembly in resolution 48/126 of 20 December
1993, for which UNESCO is the lead organization, should be thoroughly
evaluated. The conclusions will help to guide future activities aimed at
developing a human rights culture.
2. Women
69. High priority is attached in the United Nations human rights programme
to the equal status and human rights of women, whose integration into the
mainstream of United Nations system-wide activities was called for by the
World Conference on Human Rights. Since the outset of his tenure, the High
Commissioner has associated himself with this approach. Issues which have
attracted particular attention are: (a) obstacles to the realization of
the human rights of women; (b) elimination of gender-based violence against
women in public and private life; (c) traditional practices affecting the
health of women and girl children; (d) cooperation and coordination between
relevant United Nations organs and bodies, in particular with the Division
for the Advancement of Women of the Secretariat; (e) reflection of problems
related to the human rights of women in the reporting guidelines and
procedures of various human rights treaty bodies - under the auspices of
the High Commissioner, an expert group organized by the Centre for Human
Rights and the United Nations Development Fund for Women to help define
such guidelines and procedures held its first meeting at Geneva in July
1995; (f) including the equal status and rights of women in the mainstream
of the Centre's activities (including the programme of technical
cooperation and publications) and the establishment of a related focal
point in the Centre; and (g) coordinating activities related to women's
rights system wide, with the aim, inter alia, of developing a strategy for
ensuring the provision of more comprehensive information system-wide and
for greater media coverage on women's issues, in close cooperation with the
Department of Public Information.
70. The equal status and rights of women were also one of the keynotes of
the Fourth World Conference on Women: Action for Equality, Development and
Peace, held at Beijing in September 1995. The High Commissioner submitted
an analysis of the preparatory documents for the Beijing Conference from
the point of view of international human rights standards to the Secretary-
General and the organizing committee of the Conference. The Platform for
Action adopted at Beijing reaffirmed the fundamental value of women's
rights. In stressing the need for equal status and protection of women, it
contributes significantly to the United Nations human rights programme. On
25 October 1995, a panel discussion on the topic "Women's rights as human
rights" was held in New York, in which eminent specialists and high-level
representatives of the international community participated (see para. 1
above). At this discussion, it was stressed, inter alia, that the Vienna
Declaration and Programme of Action and the Beijing Platform for Action
coincide and thus call for coordinated and coherent efforts.
71. Violence against women constitutes one of the major obstacles to the
enjoyment by women of their human rights and fundamental freedoms. The
Commission on Human Rights, in its resolution 1995/85 of 8 March 1995, 4/
condemned all acts of gender-based violence against women and emphasized
the duty of Governments to refrain from engaging in violence against women
and to exercise due diligence to prevent, investigate and, in accordance
with national legislation, punish acts of violence against women. The
Commission stressed the recommendation of the Special Rapporteur on
violence against women that States should implement the Declaration on the
Elimination of Violence against Women contained in General Assembly
resolution 48/104 of 20 December 1993. In its resolution 1995/86 of 8
March 1995, 4/ the Commission encouraged the efforts made by the High
Commissioner with a view to coordinating United Nations activities dealing
with violations of the human rights of women. Following a recommendation
of the Commission, the High Commissioner placed the question of the human
rights of women on the agendas of the meetings of special rapporteurs,
representatives and experts, and of the chairpersons' treaty bodies.
72. Problems relating to the equal status and rights of women should be
systematically analysed by Governments and non-governmental organizations.
Attention should be paid, inter alia, to the impact of economic adjustment
or transitional policies on the rights of women.
3. Children
73. The World Conference on Human Rights stressed the importance of major
national and international efforts aimed at promoting respect for the
child's rights to survival, protection and development. Promotion and
protection of the rights of the child at the international level are
characterized by a dynamic which, if continued, should allow for real
progress in the protection of children. The programme adopted by the High
Commissioner, who has proclaimed the protection of the rights of the child
as one of his priorities, has the following objectives: (a) better
coordination of United Nations efforts, inter alia, in the framework of a
working agreement between the United Nations Children's Fund (UNICEF) and
the Centre for Human Rights; (b) strengthening of the Centre's capacity
with regard to the rights of the child, with a view, inter alia, to better
support for the Committee on the Rights of the Child; (c) system-wide
cooperation towards achieving the objectives established in the Plan of
Action for Implementing the World Declaration on the Survival, Protection
and Development of Children in the 1990s, 9/ adopted by the World Summit
for Children held in New York in September 1990; and (d) establishing
working cooperation between the Centre and relevant organizations concerned
with the protection of children traumatized by war. The High Commissioner
appealed to Governments for implementation of the programme, which he
prepared in collaboration with the Committee on the Rights of the Child and
UNICEF to support the Committee's work.
74. Efforts have been made to achieve better coordination between the
activities of the Special Rapporteur of the Commission on Human Rights on
the sale of children, child prostitution and child pornography, the
Committee on the Rights of the Child, the Working Group on Contemporary
Forms of Slavery of the Subcommission on Prevention of Discrimination and
Protection of Minorities, UNICEF and other United Nations bodies and
agencies, as well as non-governmental organizations. The endeavours of the
International Labour Organization (ILO) to protect working children and
abolish child labour have received additional impetus with the
establishment of the Interdepartmental Project on the Elimination of Child
Labour (INTERDEP) and the International Programme on the Elimination of
Child Labour (IPEC). INTERDEP concentrates on promoting policies on the
abolition of child labour and the protection of working children through
regional seminars, awareness-raising and research on the nature and extent
of the problem and possible approaches to alleviating it. Through IPEC,
this work was translated into action projects at the local and national
levels. In these activities, ILO collaborates with other international
bodies, particularly UNICEF and the Committee on the Rights of the Child.
10/ Close collaboration has also been achieved between the Centre for
Human Rights and UNICEF in providing support to the expert preparing the
study on the situation of children affected by armed conflicts, pursuant to
General Assembly resolution 49/209 of 23 December 1994.
75. The High Commissioner gives importance to promoting inter-agency
cooperation also in implementing the recommendations of the Committee on
the Rights of the Child. He convened a meeting on 15 June 1995 at Geneva
to discuss assistance to States in implementing Committee recommendations.
Members of the Committee on the Rights of the Child, representatives of the
Crime Prevention and Criminal Justice Branch of the Secretariat and of
UNICEF, UNDP, UNHCR, ILO, UNESCO and the World Health Organization (WHO),
and the non-governmental organization coordinator in Geneva for the rights
of the child discussed a wide range of issues, including the best ways for
each of them to contribute to the implementation of the recommendations of
the Committee, how those contributions could be coordinated and how the
Committee could formulate its recommendations in order to facilitate action
by the various agencies. Members of the Committee identified priority
areas for technical cooperation projects, such as building national
institutions designed to promote and monitor the rights of the child, law
reform, education and training. In addition, the steps taken to implement
past recommendations in specific countries were reviewed. The importance
of the subjects discussed and the progress made at the meeting led the
participants to recommend that similar meetings be organized in the future.
The High Commissioner will be organizing such meetings in connection with
each session of the Committee.
76. Two open-ended working groups established by the Commission on Human
Rights in 1994 to draft optional protocols to the Convention on the Rights
of the Child, concerning the prevention and eradication of the sale of
children, child prostitution and child pornography and the involvement of
children in armed conflicts, continue their work.
4. Minorities
77. Unsolved problems relating to national or ethnic, religious and
linguistic minorities are widely recognized as a major source of
international and internal conflicts involving widespread human rights
violations. The international community, including Governments, human
rights organs and treaty bodies, as well as non-governmental organizations,
is taking a number of initiatives to protect effectively persons belonging
to minorities. The General Assembly, in its resolution 49/192 of 23
December 1994, and the Commission on Human Rights, in its resolution
1995/24 of 3 March 1995, 4/ focused on giving effect to the Declaration on
the Rights of Persons Belonging to National or Ethnic, Religious and
Linguistic Minorities, which was adopted by the General Assembly in its
resolution 47/135 of 18 December 1992. In its resolution 49/192, the
Assembly called upon the High Commissioner to promote, within his mandate,
implementation of the principles contained in the Declaration and to
continue to engage in a dialogue with Governments concerned for that
purpose. In his contacts with Governments, the High Commissioner has
referred to issues relating to minorities as a complex human rights problem
and appealed for government policies which would respond to the legitimate
expectations of all people living in a country and would enable everyone to
live in security with respect for his or her rights.
78. The Working Group on minorities, established by the Commission on
Human Rights on the proposal of the Subcommission on Prevention of
Discrimination and Protection of Minorities, met for the first time, from
28 August to 1 September 1995, with the mandate of reviewing the promotion
and practical realization of the Declaration on the Rights of Persons
Belonging to National or Ethnic, Religious and Linguistic Minorities, of
examining possible solutions to problems involving minorities, including
the promotion of mutual understanding between and among minorities and
Governments, and of proposing further measures for the protection of
persons belonging to minorities. The session was attended by numerous
observers for Governments, specialized agencies and non-governmental
organizations. Both the High Commissioner and the Working Group declared
their willingness to cooperate closely with each other within their
respective mandates.
5. Indigenous people
79. In the Vienna Declaration and Programme of Action, the international
community reaffirmed its commitment to the economic, social and cultural
well-being of indigenous people and their enjoyment of the fruits of
sustainable development. However, the protection of indigenous people
should not be guided only by legal obligations resulting from international
standards. It is the responsibility of the whole international community
to create universal understanding that protection of indigenous people also
means maintenance of the irreplaceable, diversified human culture.
Violation of the rights of indigenous people most frequently impoverishes
the overall heritage of mankind as well. The General Assembly, in
resolution 48/163 of 21 December 1993, proclaimed the International Decade
of the World's Indigenous People, 1995-2004. The Department of Public
Information of the Secretariat, in cooperation with the Centre for Human
Rights, has published a newsletter containing basic information concerning
the Decade. The Assistant Secretary-General for Human Rights has been
vested with the responsibility of coordinating implementation of the
Decade.
80. The Commission on Human Rights, following the request by the
Subcommission on Prevention of Discrimination and Protection of Minorities,
decided in its resolution 1995/32 of 3 March 1995, 4/ to establish an open-
ended, inter-sessional working group to elaborate a draft declaration on
the rights of indigenous peoples.
C. Extrajudicial, summary or arbitrary executions
81. The eradication of extrajudicial, summary or arbitrary executions is a
matter of the highest priority in the protection of human rights. In its
resolution 1995/73 of 8 March 1995, 4/ the Commission on Human Rights once
again strongly condemned the practice of such executions and demanded that
all Governments ensure that it be brought to an end. The obligation of all
Governments to conduct exhaustive and impartial investigations into all
alleged extrajudicial, summary and arbitrary executions, to identify and to
bring to justice those responsible, to grant adequate compensation to the
victims or their families and to adopt all necessary measures to prevent
the recurrence of such executions should be considered of the utmost
importance in the context of the protection of the fundamental right to
life. The Commission urged the Special Rapporteur on extrajudicial,
summary or arbitrary executions to draw the attention of the High
Commissioner to situations of particularly serious concern or where early
action might prevent further deterioration.
82. The Commission expressed its concern that a number of Governments
mentioned in the report of the Special Rapporteur 11/ had not replied to
allegations and reports transmitted to them by the Special Rapporteur. It
decided that the mandate of the Special Rapporteur should be extended for
three years.
D. Torture
83. Torture remains one of the most atrocious and shameful violations of
human dignity. The call of the World Conference on Human Rights for its
eradication is not only a political guideline but, first and foremost, a
fundamental moral imperative. Human rights organs and treaty bodies have
undertaken numerous steps to implement the recommendation contained in the
Vienna Declaration and Programme of Action. However, torture and cruel,
inhuman or degrading treatment or punishment are still tolerated in many
parts of the world. Full support should be given by Governments, relevant
United Nations organs and bodies, and international and non-governmental
organizations to the specific measures outlined by the Commission on Human
Rights in its resolutions 1994/37 of 4 March 1994 12/ and 1995/37 of 3
March 1995, 4/ with a view to preventing or combating torture, as well as
assisting victims of torture. The High Commissioner is actively
encouraging increased contributions to the United Nations Voluntary Fund
for Victims of Torture, which is the main vehicle for providing concrete
assistance to victims of torture and their families. While carrying out
his dialogue with Governments, the High Commissioner has also been raising
other problems, including universal ratification of the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
contained in General Assembly resolution 39/46 of 10 December 1984, as well
as the expeditious adoption of the Optional Protocol to that Convention.
States should abrogate legislation leading to impunity for those
responsible for grave violations of human rights, such as torture, and
prosecute such violations.
84. Special attention is being given to ensuring respect for and
implementation of the Principles of Medical Ethics relevant to the role of
health personnel, particularly physicians, in the protection of prisoners
and detainees against torture and other cruel, inhuman or degrading
treatment or punishment contained in General Assembly resolution 37/194 of
18 December 1982. In cooperation with WHO and non-governmental
organizations, the Centre for Human Rights is taking steps to ensure that
principles of medical ethics are made familiar to physicians and persons in
other relevant professions.
E. Enforced disappearances
85. The World Conference on Human Rights expressed concern about the
increase in enforced disappearances in various parts of the world,
particularly as a consequence of large-scale internal conflicts. The
Commission on Human Rights, in its resolution 1995/38 of 3 March 1995, 4/
expressed its deep concern at the increase and spread of the practice.
Governments should respond promptly and positively to the appeal of the
Commission to put an end to it. Acts of enforced disappearance should be
classified as offenses under criminal law punishable by appropriate
penalties which take into account their extreme seriousness. The Working
Group on Enforced or Involuntary Disappearances helps prevent or combat
this practice. To that end, Governments concerned should intensify their
cooperation with the Working Group and take action on the recommendations
it addresses to them. The technical cooperation programme is available
with regard to reform of legislation and training in this respect.
F. Internally displaced persons
86. International and internal conflicts, grave human rights violations
including discrimination and mass expulsions - famine and economic
disasters are sources of a rapidly growing number of internally displaced
persons and refugees world wide. A lasting solution to these phenomena can
be achieved only through the elimination of their causes, which often
consist in the violation of human rights.
87. The High Commissioner, in cooperation with the relevant United Nations
programmes and agencies, in particular UNHCR, and regional organizations,
as well as with the representative of the Secretary-General on internally
displaced persons, is considering steps to be taken in order to create the
framework for continued protection of the human rights of displaced persons
and refugees. Attention is being paid in particular to: (a) ensuring an
international human rights presence in countries with large internally
displaced/refugee populations, especially in locations where there are
concerns for the protection of displaced persons, for example, in camps and
at returnee sites; (b) dispatching human rights field officers to collect
information, ascertain protection needs, monitor the situation, provide the
Secretary-General's representative with information and disseminate
knowledge of human rights; (c) elaboration of guidelines on how to monitor
and report on the human rights situation specifically of displaced persons
and to include displacement-related human rights law in manuals to be
prepared for field staff; (d) support for the Secretary-General's
representative in his efforts, especially with regard to his missions and
follow-up to his recommendations; (e) inter-agency coordination both at
Headquarters and in the field; (f) increasing human rights training
activities for staff of humanitarian and peace-keeping operations; (g)
human rights training activities, specifically with regard to displaced
persons, for community leaders and members of the armed forces and police;
and (h) the participation of non-governmental organizations with expertise
in human rights assistance to displaced persons.
III. UNITED NATIONS HUMAN RIGHTS MACHINERY
A. Cooperation and coordination
88. Pursuant to General Assembly resolution 48/141 of 20 December 1993,
and in line with the Vienna Declaration and Programme of Action, the High
Commissioner for Human Rights is responsible for system-wide coordination
of activities aimed at the promotion and protection of human rights. A
permanent dialogue with the United Nations programmes and agencies has been
established to maintain systematic exchanges of information, experience and
expertise.
89. The High Commissioner undertakes initiatives aimed at concluding
working agreements or memoranda of understanding with programmes and
agencies. These define the framework for cooperation at the operational
level. In 1994 a joint work programme was signed between the Centre for
Human Rights and UNICEF, and in 1995 memoranda of understanding were signed
with UNESCO and with the United Nations Volunteers programme. The High
Commissioner is assisted by the Centre for Human Rights in his
responsibilities of coordination within the United Nations system. A
system of continuous intra-institutional consultations and exchange of
information at the working level is being established within the Centre for
Human Rights to prepare substantive input in selected areas, for example,
development, children and education.
90. The coordination of human rights activities throughout the United
Nations system was the subject of debate in the framework of the
coordination segment of the Economic and Social Council (26-30 June 1995)
which had on its agenda coordinated follow-up by the United Nations system
and implementation of the results of the major international conferences
organized by the United Nations in the economic, social and related fields.
The same topic was considered by ACC during its autumn 1995 session. The
High Commissioner presented his views and proposals to those meetings.
B. Treaty bodies
91. The treaty bodies, based on six human rights conventions, have not
only become effective structures monitoring the compliance by States with
the human rights obligations resulting from those treaties: their impact
in the field of human rights goes far beyond this function and extends,
inter alia, to clarification of the content of human rights; the
functioning of the human rights machinery, including early warning and
preventive measures; cooperation of Governments with the United Nations;
protection of individuals in the framework of optional communications
procedures; and human rights education. The treaty bodies are confronted
with serious problems related to overdue reports and to a backlog in the
consideration of reports. Subsidiary procedures, which have been developed
by some treaty bodies, in the first case, and additional sessions in the
second could be helpful in coping with these problems. The World
Conference on Human Rights and, subsequently, the General Assembly and the
Commission on Human Rights called for steps aimed at reducing the reporting
burden on States, including by cross-referencing in the reports,
elimination of overlapping in the reporting obligations to the various
treaty bodies and to ILO, and consideration of the utility of single
comprehensive reports. Those recommendations require careful attention by
the competent organs and bodies.
92. These and other issues, including the integration of various elements
of the human rights machinery, secretariat support and computerization,
financing of treaty bodies, monitoring of the human rights of women, the
role of non-governmental organizations, and public information, were
discussed during the 6th meeting of persons chairing the human rights
treaty bodies, held at Geneva from 18 to 22 September 1995. The
chairpersons stressed, inter alia, the need for urgent steps to ensure a
substantial increase in the specialized staff assigned to service the
committees. The treaty bodies are continuing to elaborate new working
methods which enable them not only to carry out their original functions
but also to react to current and evolving needs with, for example, ad hoc
reports in emergency situations and field missions. The chairpersons
emphasized two important objectives that have shaped the work of the treaty
bodies in recent years, namely, increased interaction and participation of
the specialized agencies and non-governmental organizations, and the
establishment of closer links between the findings of treaty bodies and the
technical cooperation programme. In his statement to the meeting, the High
Commissioner reassured the chairpersons that he perceived it as his
responsibility to facilitate the activities of the treaty bodies and
contribute to the follow-up of their recommendations. On 19 June 1995, the
SecretaryGeneral met the chairpersons of the treaty bodies together with
the High Commissioner.
C. Special procedures
93. The World Conference on Human Rights underlined the importance of
preserving and strengthening the system of special procedures, rapporteurs,
experts and working groups and of providing them with the necessary human
and financial resources. The number of special procedures established by
the Commission on Human Rights amounts today to 14 thematic procedures and
12 procedures relating to country situations, while the Secretary-General
has appointed 15 special representatives dealing also with human rights
matters. The second annual meeting of special rapporteurs, special
representatives of the Secretary-General and chairmen of the Working Groups
took place at Geneva from 29 to 31 May 1995. The meeting adopted
recommendations concerning, inter alia, the principle of the independence
and impartiality of participants as experts; means allowing the
participants to follow procedures respecting the principle of "due
process"; the need for cooperation between the United Nations agencies
acting in the field and human rights special procedures; cooperation
between the holders of country-specific and thematic mandates; a system of
information-flow between the participants and other actors involved;
consideration of the participants' reports by the Commission on Human
Rights; the human rights of women; and the scarcity of resources allotted
for the participants' activities.
94. In his statement to the meeting, the High Commissioner stressed that,
in keeping with their respective mandates, the functions of the special
procedures and those entrusted to him were naturally complementary and
mutually reinforcing. The work of the special procedures was among the
most tangible in terms both of fact-finding and advice and assistance. The
participants invited the High Commissioner to continue and to develop his
practice of encouraging cooperation by Governments with participants'
mandates.
D. Adaptation of the machinery
95. The strengthening and adaptation of the United Nations human rights
machinery to current and future needs was perceived by the World Conference
on Human Rights as a prerequisite for the implementation of the United
Nations human rights programme. This is a multidimensional and continuing
process in the framework of which reforms relating to specific organs or
procedures are placed against the background of the overall adaptation of
the United Nations human rights machinery. The process should be based on
an interlinkage between structural reform, a plan of action for the
implementation of the Vienna Declaration and Programme of Action, and the
provision of adequate human and financial resources.
96. In line with the Vienna Declaration and Programme of Action, measures
are being taken to make the human rights machinery: (a) more effective and
cost efficient; (b) able to act swiftly and to respond appropriately to
human rights situations; (c) stronger, through international cooperation in
the field of human rights, based on mutual confidence; and (d) more
transparent and understandable to the outside world.
97. The mandate of the High Commissioner includes specific responsibility
for the reform of the United Nations machinery in the field of human
rights. The adjustment of a given organ or body to the new needs remains
the primary responsibility of the organ or body in question. The High
Commissioner assists and facilitates human rights organs and bodies in
their endeavours, analysing the existing United Nations human rights
machinery with a view to working out proposals for its overall adaptation
and undertaking measures to strengthen the implementation of their
recommendations and decisions.
98. In keeping with his mandate with regard to the overall supervision of
the Centre for Human Rights and following the recommendations made by the
Office for Inspections and Investigations, after a review of the programme
and administrative practices of the Centre in June 1994, the High
Commissioner has initiated a process to consider how the programme of work
and the organization of the Centre could be best structured to achieve the
Centre's objectives. The results of this process will contribute to
strengthening the functional framework for integrated and consolidated
activities of the secretariat in the field of human rights. The following
approach has been adopted: (a) first step (mid-March 1995) - a discussion
at the level of the Centre's secretariat assessed its experience in the
implementation of the human rights programme, identified gaps and
weaknesses in existing working methods and changes needed to address the
issues raised in the June 1994 review; simultaneously, consideration has
been given to basic themes under which the mandates of the human rights
programme as reflected in the Vienna Declaration and Programme of Action,
the High Commissioner's mandate and the specific mandates given to the
Centre by policy-making organs could be organized; (b) second step - based,
inter alia, on the information and ideas so generated - a detailed study is
being carried out by an external consultant on how best to adapt the
structure of the secretariat to the priorities of the Vienna Declaration
and Programme of Action and to respond to the gaps and weaknesses
identified, inter alia, in the June 1994 review; (c) third step - after the
review of recommendations, a new structure of the Centre should be
implemented. In addition to the above, steps have already been taken to
strengthen the administrative services of the Centre and to provide
training to staff in administration and management. The time-frame for the
restructuring exercise is mid-March to the end of 1995.
99. The creation within the Centre for Human Rights of a human rights
database, organizing the flow of information and documentation, will
substantially enhance and support the work of human rights organs and
treaty bodies, facilitate access of Governments to human rights
information, and advance overall cooperation in the field of human rights.
E. Resources
100. The World Conference on Human Rights expressed its concern about the
growing disparity between the United Nations human rights activities and
the resources available to carry them out. The increase of the share of
the human rights programme in the overall proposed United Nations programme
budget to about 1.8 per cent is an important step to address this issue.
However, the disparity is growing and the continuous increase of the
workload of the Centre for Human Rights is placing ever greater demands on
its resources. The present report and other reports on human rights
activities submitted to the General Assembly at its fiftieth session
unmistakably reflect this process. Furthermore, the General Assembly, in
establishing the post of High Commissioner for Human Rights in its
resolution 48/141 of 20 December 1993, requested that appropriate resources
be provided to enable the High Commissioner to fulfil his mandate.
101. It is evident that adequate human, financial and material resources
are necessary in order to carry out, in full and on time, the United
Nations mandates established in the field of human rights. While tribute
should be paid to those countries that make contributions to the voluntary
human rights funds, and all countries should be urged to contribute to
them, it is important that the resources provided from the regular budget
of the United Nations for the human rights programme correspond to the
expanding mandates of the High Commissioner for Human Rights and the Centre
for Human Rights.
IV. CONCLUSIONS: IMPLEMENTING THE VIENNA DECLARATION
AND PROGRAMME OF ACTION
102. The Vienna Declaration and Programme of Action is a reaffirmation of
the solemn commitment of all States to promote and protect all human rights
and fundamental freedoms. Since its adoption, in June 1993, it has
acquired practical strength and effectiveness through continuously
increasing international cooperation. The World Conference on Human Rights
has shaped a new vision of the promotion and protection of human rights and
fundamental freedoms. The organs of the United Nations system now place
their human rights activities well within the perspective of the Vienna
Declaration and have resolved on specific actions to achieve its
objectives. Governments have repeatedly stated the relevance of the
Declaration to national needs and the importance of cooperating
internationally within its framework. Nationally and internationally, non-
governmental organizations have been inspired by the Declaration and many
of them report adopting new methods and initiating new activities to
achieve its objectives.
103. The Vienna Declaration and Programme of Action provides the
foundation for the High Commissioner's activities. Its strong reference to
international cooperation guides the High Commissioner's approach to the
promotion and protection of human rights. His dialogue with Governments
with a view to enhancing respect for human rights involves a wide range of
activities including action to bring violations to an end and to prevent
the outbreak of serious violations. Prevention has become central to
international human rights preoccupation as the international community
sees years of development efforts destroyed overnight by outbreaks of
serious violations and the generation of refugees, internally displaced
persons and mass exoduses. The High Commissioner avails himself of every
opportunity to use diplomacy to obtain results on specific matters and,
when circumstances require, he also uses the many other tools at his
disposal, including the provision of human rights technical cooperation.
In coordinated efforts aimed at implementation of the Vienna Declaration
and Programme of Action primary emphasis is being placed on: strengthening
of the United Nations human rights machinery and its adaptation to the new
challenges, including human rights field operations and follow-up of
recommendations and decisions of human rights organs and bodies; assistance
to vulnerable groups; enhancement of various forms of activities undertaken
by Governments and civil society to promote and protect human rights; and
strengthening of cooperation among all actors involved in the
implementation of the Vienna Declaration and Programme of Action.
104. Under the impact of the Vienna Declaration and Programme of Action
and the mandate entrusted to the High Commissioner for Human Rights, the
United Nations human rights programme is undergoing a profound
transformation at both the substantive and organizational levels. Future-
oriented decisions adopted by the World Conference require a continuous
adaptation of the programme to current and emerging needs. The development
of human rights field presence appears to be one of the major challenges
and most promising perspectives in this context. Target-oriented and with
adequate organizational and logistical support, these operations may
contribute decisively to the prevention of human rights violations, to
ending continuous violations, to the durable and peaceful resolution of
conflicts, and to the creation of conditions for the development of nations
and individuals. Taking full advantage of this new opportunity demands the
coordinated efforts of the United Nations system.
105. The interlinkage of human rights, democracy and development,
proclaimed by the Vienna Declaration and Programme of Action, requires a
comprehensive and integrated approach to the promotion and protection of
human rights. The High Commissioner has adopted this approach both in
relation to Governments and in his activities of international
coordination, in particular within the United Nations system. In order for
their promotion and protection to be effective, human rights must permeate
the activities of all international agencies so that each, within its own
mandate, can make its own important contribution to this common objective.
This is especially true with regard to the right to development and
economic, social and cultural rights.
106. One of the important objectives of the United Nations in establishing
the post of High Commissioner for Human Rights was to ensure more effective
coordination of the numerous activities in favour of human rights
throughout the system and to increase the efficiency and strengthen the
impact of the United Nations human rights machinery. The High Commissioner
does not seek to replace existing organs, bodies or procedures, but to
strengthen them and better coordinate their activities.
107. The success of the activities of the human rights programme and of
the High Commissioner in the future will depend upon the support and
understanding of the international community and on the cooperation
received from Governments, international organizations, non-governmental
organizations and people throughout the world. This must include adequate
human and financial resources for the implementation of the Vienna
Declaration and Programme of Action, the activities of the High
Commissioner and the Centre for Human Rights. That support will help in
responding to the hopes and expectations generated by the World Conference
on Human Rights and the establishment of the post of High Commissioner for
Human Rights and in promoting international peace and security and better
standards of life in larger freedom as embodied in the Charter of the
United Nations.
Notes
1/ See Report of the World Conference on Human Rights, Vienna, 14-25
June 1993 (A/CONF.157/24 (Part I)), chap. III.
2/ Official Records of the Economic and Social Council, 1995, Supplement
No. 4 (E/1995/23-E/CN.4/1995/176), para. 594.
3/ See E/CN.4/1995/89.
4/ See Official Records of the Economic and Social Council, 1995,
Supplement No. 4 (E/1995/23-E/CN.4/1995/176).
5/ E/CN.4/1995/23.
6/ E/CN.4/1995/24.
7/ Official Records of the General Assembly, Forty-ninth Session,
Supplement No. 36 (A/49/36).
8/ A/49/261/Add.1, annex.
9/ See A/45/625, annex.
10/ See also A/49/326.
11/ E/CN.4/1995/61.
12/ See Official Records of the Economic and Social Council, 1994,
Supplement No. 4 (E/1994/24-E/CN.4/1994/132).
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