COMMISSION ON HUMAN RIGHTS CONCLUDES SIXTY-FIRST SESSION AFTER ADOPTING 86 RESOLUTIONS, 16 DECISIONS, 4 STATEMENTS BY CHAIRMAN
53-Member Body Establishes Mandates for 5 Independent Experts, Including on Minorities, Sudan, Transnational Corporations
GENEVA: The Commission on Human Rights concluded its annual session for 2005 Friday, after having debated a wide range of human rights issues under its agenda items from cross-cutting thematic issues, to country situations, to the organization of its work.
During the six-week session, which began on 14 March, the Commission adopted 86 resolutions, 16 decisions and four statements by its Chairperson, Makarim Wibisono of Indonesia.
The 53-member Commission, the worlds foremost human rights forum, decided to establish several thematic mandates under its special procedures.
It decided to establish a post for an Independent Expert on minorities for a period of two years to ensure that Governments were guaranteeing the rights of persons belonging to national or ethnic, religious and linguistic minorities.
The Commission also decided to request the UN Secretary-General to appoint a Special Representative on the issue of human rights and transnational corporations and other business enterprises, for an initial period of two years, to identify and clarify standards of corporate responsibility and accountability with regard to human rights.
Moreover, it decided to create a mandate for an Independent Expert to look into the question of human rights and international solidarity.
The Commission also decided to appoint, for a period of three years, a Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism to make concrete recommendations, exchange information and communications from and with all relevant sources, and identify and promote best practices on measures to counter terrorism.
It also decided to establish a mandate for a Special Rapporteur on the situation of human rights in the Sudan for one year to monitor the situation of human rights in the Sudan, including the Darfur region. This new mandate replaces that of an Independent Expert created last year on the situation in that country.
In addition, the Commission approved decisions of the Sub-Commission on the Promotion and Protection of Human Rights to appoint Special Rapporteurs to prepare studies on crimes of sexual violence; on work and descent; and on non-discrimination as it pertained to economic, social and cultural rights.
The Commission also
– requested the Office of the High Commissioner for Human Rights to convene high-level seminars during the fourth session of the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action on Racism;
– recommended that the Economic and Social Council authorize the Chairperson-Rapporteur of the twenty-second session of the Working Group on indigenous issues to submit its report on that session to the Permanent Forum on Indigenous Issues during the Forum’s fourth session in 2005; and
– requested the Office of the High Commissioner for Human Rights to prepare a study on the right to truth taking into account the views of States and relevant intergovernmental and non-governmental organizations, for consideration at its sixty-second session.
Moreover, it decided to end the mandate of the Special Rapporteur on the use of mercenaries and to establish a Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of people to self-determination.
The subject of terrorism came up in several resolutions and decisions adopted at this years session. These references correlated to
– national counter-terrorism measures in relation to the work and safety of human rights defenders;
– the use of counter-terrorism measures to restrict the right to freedom of opinion and expression; and
– equating religion with terrorism and its adverse consequences on the enjoyment of the right to freedom or religion or belief of all members of the religious communities.
Within the context of its agenda item on the promotion and protection of human rights, the Commission adopted a set of Basic Principles and Guidelines on the right to a remedy and reparation for victims of gross violations of international human rights law and serious violations of international humanitarian law.
Among other things, the guidelines recommended that States investigate and, if there was sufficient evidence, submit to prosecution any person allegedly responsible for such violations and, if found guilty, the duty to punish her or him.
As regards to the treatment of victims, the Principles state that victims should be treated with humanity and respect for their dignity and human rights, and appropriate measures should be taken to ensure their safety, physical and psychological well-being and privacy, as well as those of their families.
Concerning the question of Palestine, the Commission expressed grave concern about the continuing construction, contrary to international law, by Israel of the wall inside the occupied Palestinian territory and demanded that Israel comply fully with its legal obligations, as mentioned in the advisory opinion rendered on 9 July 2004 by the International Court of Justice, and cease the construction of the wall.
In another measure, the Commission emphasized that the displaced persons of the population of the occupied Syrian Golan must be allowed to return to their homes and to recover their properties; and decided to include as an agenda at its next session an item entitled “Question of the violation of human rights in the occupied Arab territories, including Palestine”.
Other issues that surfaced during the sixty-first session were
– good governance and the respect for human rights;
– democratization;
– human rights violations against vulnerable groups, especially women and children;
– human rights defenders;
– racial discrimination;
– enforced or involuntary disappearances;
– sustainable development and human rights; and
– the report of the Secretary-General on the reform of the United Nations – “In larger freedom: towards development, security and human rights for all”.
With regard to the proposed reform of the Secretary-General in the area of human rights, the Commission, while taking into account the report of the Secretary-General, decided to establish an open-ended Working Group, to be chaired by the current Chairperson, which would convene a five-day intersessional meeting in June 2005 to reflect on the recommendations on human rights contained in the report of the Secretary-General.
It also decided to convene a one-day special session to formally adopt the outcome of the open-ended Working Group and transmit it to the Secretary-General through the Economic and Social Council.
In his address to the Commission on 7 April, UN Secretary-General Kofi Annan elaborated on proposals to reform the human rights machinery of the United Nations.
Outlining the reforms envisaged for the three main pillars of the Organizations human rights machinery – the treaty body system, the Office of the High Commissioner for Human Rights, and the intergovernmental machinery — contained in his report, “In Larger Freedom”, he said that the most dramatic of his proposals concerned the replacement of the Commission itself by a smaller Human Rights Council.
A Human Rights Council could provide conceptual and architectural clarity, in parallel with the existing councils tasked to deal with security and development, Mr. Annan said.
The Council would be a standing body, he explained, able to meet when necessary, rather than for only six weeks per year.
It should have an explicitly defined function as a chamber of peer review, and its main task should be to evaluate all States fulfilment of all their human rights obligations, giving concrete expression to the principle that human rights were universal and indivisible.
The Secretary-General also drew attention to the “appalling suffering” in the Darfur region of the Sudan, for which the International Criminal Court had been asked to play its essential role in lifting the veil of impunity and holding those accused of war crimes and crimes against humanity accountable.
During the high-level segment of the Commission, taking place over the first four days of the session, high-ranking Government officials addressed, among other things, the possible reform of the Commission; the need to reaffirm the indivisibility, universality and interdependence of all human rights; the links between human rights and conflicts; counter-terrorism measures; discrimination against women; trafficking in human beings; the situation in Darfur; and national efforts to ensure the promotion and protection of human rights.
Chairpersons Statements were adopted on the situation of human rights in Afghanistan, Haiti, Colombia and Western Sahara.
The only proposed text to be rejected by a roll-call vote during the session was on the question of detainees in the area of the Unites States naval base in Guantanamo, which would have requested the United States to authorize an impartial and independent fact-finding mission by the relevant special procedures of the Commission on Human Rights on the situation of detainees at its naval base in Guantanamo.
While taking action on the situation of human rights in countries, under its agenda item on the question of the violation of human rights and fundamental freedoms in any part of the world, the Commission
– called upon the Government of Myanmar (Burma) to release unconditionally and immediately all political prisoners;
– expressed its deep concern about the continuing reports of systematic, widespread and grave violations of human rights in the Democratic Peoples Republic of Korea (Nordkorea);
– invited the Personal Representative of the UN High Commissioner for Human Rights to report to the Commission on the situation of human rights in Cuba; and
– expressed deep concern that senior officials of the Government of Belarus (Hviderusland) had been implicated in the enforced disappearance and/or summary execution of three political opponents of the incumbent authorities in 1999 and of a journalist in 2000 and in the continuing investigatory cover-up.
Under its agenda item on technical cooperation and advisory services in the field of human rights, the Commission approved resolutions on the human rights situation in Burundi, Sierra Leone, Cambodia, Nepal, Sudan, Somalia, and the DR Congo.
Country-specific mandates were renewed for the Special Rapporteurs on the situation of human rights in Myanmar, Democratic Peoples Republic of Korea and Belarus, and for the Independent Experts looking into the situation of human rights in Somalia and the Democratic Republic of the Congo.
Under thematic agenda items and mechanisms, mandates were renewed for Special Rapporteurs on contemporary forms of racism, on the right to everyone to the enjoyment of the highest attainable standard of physical and mental health, on the right to freedom of opinion and expression, moreover, on the human rights of migrants.
The Commission decided to extend the mandate of the Working Group on the right to development.
In closed meetings held under its “1503 procedure”, the Commission decided to discontinue its discussion on the human rights situation in Honduras; to keep Kyrgyzstan under review; and to review Uzbekistan by appointing an Independent Expert to the human rights situation to that country.
In presenting the annual report of the High Commissioner for Human Rights, High Commissioner Louise Arbour said the report covered the activities undertaken by her Office, regrouped around three main themes:
1) those linked to the issue of the right to development;
2) activities aimed at reinforcing national capacities in the context of the promotion and protection of human rights; and
3) actions undertaken with regards to particularly vulnerable groups.
The report also analyzed the challenges which the Office of the High Commissioner would have to face in the near future, particularly with regards to the projects of reform of the United Nations system.
In closing remarks at the Commissions final meeting, High Commissioner Arbour said the current forum had been both a source for encouragement and a cause for concern.
Several new resolutions had helped advance understanding and commitment to the rule of law as an indispensable prerequisite for the protection of human rights, and consensus had been reached on protecting human rights while combating terrorism.
However, the Commissions ability to address issues of human rights concerns at the national level remained demonstrably deficient. The Commission should consider the concept of peer review, which underpinned the Secretary-Generals proposal for a Human Rights Council.
The High Commissioner said she would submit her action plan to the Secretary-General on 20 May 2005. That action plan would be based upon the three concepts
– that human rights were universal and indivisible;
– that States remained the primary actors in the field of human rights; and
– that there must be implementation of human rights.
The Chairperson of the Commission, Makarim Wibisono, said in closing remarks that the spirit of consensus had pervaded this year, and this had helped smooth out the resolution of sensitive or potentially divisive documents. The quality of the interactive dialogue with the special mechanisms had been strengthened.
The session had been exceptional in the fact that reform of the UN, including its human rights mechanism, formed the background to the debates and discussions.
In closing, the Chairperson paid tribute to the High Commissioner for Human Rights, not only in the discharge of the Commission, but also in the field of the promotion and protection of human rights generally. The important role of civil society and national human rights institutions in furthering the works and goals of the Commission was also mentioned.
Also at its closing meeting, the Commission adopted the draft report of its sixty-first session (E/CN.4/2005/L.10 and E/CN.4/2005/L.11 and addenda) with the understanding that it would be finalized at a later date.
In addition to Mr. Wibisono, the Commissions officers for 2005 are: Hernán Escudero Martínez (Ecuador), Mohamed Saleck Ould Mohamed Lemine (Mauritania) and Anatolyi Zlenko (Ukraine), Vice-Chairpersons; and Deirdre Kent (Canada), Rapporteur.
The first meeting of the sixty-second session of the Commission on Human Rights will be held on the third Monday in January 2006, with the sole purpose of electing its officers. The sixty-second session of the Commission will take place from 13 March to 21 April 2006.
Kilde:
Lena Claesson, Public Information Assistant, Regional United Nations Information Centre For Western Europe, Residence Palace, Rue de la Loi 155, 1040 Bruxelles.
Email: [email protected], Tlf: 0032 2 788 84 65, Fax: 0032 2 788 84 85, web: www.runiceurope.org
