Mary Robinson briefs UN Sub-Commission on follow-up of WCAR



UNITED NATIONS
Press Release

xxxxxxxxxxStatement by Mary Robinson, United Nations High
Commissioner for Human Rights to the Opening of the 54th Session of
the Sub-Commission on the Promotion and Protection of Human Rights
29 July 2002xxxxxxxxxx

Mr Chairman,
Distinguished Members of the Sub-Commission,
Excellencies,
Colleagues,
Ladies and Gentlemen,

It is a great pleasure for me to address you at the opening of the
54th session of the Sub-Commission on the Promotion and Protection of
Human Rights. I would like to thank Mr. David Weissbrodt for his
excellent work as Chairperson of the 53rd session, work which he
continued throughout the past year.

I was happy to meet a number of you last Friday at the launch of the
Social Forum, which will have its second day next Friday.

New/retiring members

Last year the Sub-Commission paid tribute to two of its longstanding
members, Mme. Daes and Mr. Joinet, both of whom indicated they would
not stand for re-election. I wish to extend my congratulations to the
newly elected members from Jamaica, Ms. Florizelle O'Connor,
Madagascar, Ms. Lalaina Rakotoarisoa, Mozambique, Mr. Rui Baltazar
Dos Santos Alves, and Pakistan, Mr. Abdul Sattar, as well as to Mr.
Decaux, Ms. Koufa and Mr. Kartashkin who have already participated in
the work of the Sub-Commission as alternate members.

Developments since last year

In surveying developments since you last met, it seems difficult to
imagine a year in which so much has happened to alter the context
within which the Sub-Commission works. Some of these developments are
a direct result of your recommendations and analysis, others have
been foreshadowed in previous work of the Sub-Commission, and still
others have been thrust unexpectedly upon us all. Each of the new
issues that have come to the fore over the last twelve months will
demand that the Sub-Commission bring its significant expertise to
bear.

WCAR

I would like to refer specifically to three of these developments.
The first is the World Conference Against Racism which took place
just a few weeks after your last session. As I have said many times
in the past year, the Declaration and Programme of Action from Durban
provide a new and innovative anti-discrimination agenda for further
action. However, if implementation is to be a success, the
involvement of the human rights bodies that have traditionally played
a leading role in the fight against racial discrimination, such as
the Sub-Commission, is vital and necessary. May I use this
opportunity to invite you to consider how you might develop new ideas
and studies for realising the promises of Durban. In undertaking this
task, you should bear in mind the support available from my Office.

We have established an anti-discrimination unit, which is devoted to
the implementation of the anti-discrimination agenda adopted in
Durban. Its first task has been to work actively on mainstreaming the
Programme of Action into all relevant activities of the Office, as
well as those of other UN bodies and specialized agencies. The unit
will serve to focus the attention of States and others through the
regular reporting on implementation to the General Assembly and the
Commission on Human Rights. The unit will also service the open-ended
intergovernmental working group established at the last session of
the Commission and the Eminent Persons group which the
Secretary-General will shortly be appointing, both of which have a
role in overseeing the implementation of Durban. In addition, the
anti-discrimination unit will be involved in assisting the expert
working group established by the Commission on people of African
descent.

The unit is also organizing seminars on how to move forward to
implement the commitments made in Durban. We had a regional seminar
of experts for the Latin American and Caribbean region in Mexico City
in July of this year, which I attended, and we will hold a second
regional seminar of experts in Nairobi for the African region in
September. The unit will also be spearheading public awareness and
information activities worldwide, as well as working with NGOs and
youth groups to ensure that further progress can be made in the fight
against racism, racial discrimination, xenophobia and related
intolerance.

One of the most hopeful outcomes of Durban is the commitment of
youth. The International Youth Summit prior to the World Conference
was an inspiring event and young people are hard at work networking
and advocating anti- racism strategies in all world regions. Thus the
Asia Pacific Youth Network will hold a Workshop at the end of this
month in Bangkok bringing together grass roots NGO representatives of
the anti-racism campaign from 27 countries to train and plan anti
racism and human rights strategies. Such commitment from young people
must give us all heart and increase our determination to ensure that
we keep up the momentum to ensure a world free of racism.

11 September

The second development I wish to highlight is the aftermath of the
terrible attacks of 11 September. The Sub-Commission has for several
years been studying the relationship between terrorism and human
rights, and the working paper of the Special Rapporteur, Ms. Koufa,
was an essential resource for my Office in developing strategies to
respond to the human rights issues raised by the events of 11
September and its aftermath. The risks posed to the promotion and
protection of human rights by the growing number of anti-terrorism
measures being adopted around the world needs to be recognised and
addressed. Again, the Sub-Commission was prescient in asking at its
last session for a preliminary working paper on military tribunals.
Also relevant is the study on the rights of non-citizens. Terrorism
will remain on the international agenda and on the agenda of the UN
human rights system in the years to come. The question the
Sub-Commission needs to ask itself is what more it can do to help
guide further efforts in this new era.



CHR58

The third development relates to the 58th session of the Commission
on Human Rights. As many of you know, this year's session of your
parent body was a difficult one. At its conclusion, I said that it
called for deep reflection by all interested actors. This reflection
is now taking place within the Expanded Bureau of the Commission,
amongst States and NGOs, and within my own Office, where I have
established a high-level task force for this purpose. The specific
decisions of the Commission and other matters relating to the work of
the Sub-Commission will be the subject of the Commission
Chairperson's address to you later this morning.

The increasing number of issues with which the Commission is dealing,
combined with the possibility of decreased resources, means that the
work of the Sub-Commission becomes crucial. In providing high
quality, rigorous research on human rights issues, the Sub-Commission
not only facilitates the work of the Commission, but it also provides
it with a sound basis on which to build its normative and other work.
In order to be effective in this role, the Sub-Commission needs to
respond to the priorities identified by the Commission, and to
enhance its own processes for identifying the most pertinent
contemporary human rights issues worthy of study.

To maximize its impact the Sub Commission should concentrate on
providing high quality analysis to the Commission. It should avoid
political and ideological divisions and operate in accordance with
the highest standards of independence and integrity. But within the
limits set by the Commission following the review of the mechanisms
in 1999-2000, the Sub Commission has an important protection role to
pursue.

Developments in the Commission also suggest that the Sub-Commission
must strive to preserve the space for NGO and other voices in its
work. The Sub-Commission is unique in the UN system for its openness
to civil society, and this was taken a step further this year with
the first session of the Social Forum. It is important to continue
this approach, and also to reach out to other actors. In this regard,
I note with interest proposals by the Chairperson of the Commission
and by some chairpersons of treaty bodies for closer cooperation
between the Commission, Sub-Commission, special procedures and the
treaty bodies.


Human rights and biotechnology

At a time when many see universal human rights as being under attack
from many quarters, the Sub-Commission's role in providing sound and
rigorous studies on a wide range of topics is all the more crucial.
And there is no shortage of issues in need of analysis. One of the
newest areas, and one with a high media profile, is that of human
biotechnology. The breathtaking developments in areas such as
reproductive human cloning have brought us face-to-face with the
basic concepts of human life and dignity. At its 57th session in
2001, the Commission on Human Rights requested both myself as High
Commissioner and the Sub-Commission to reflect on what contributions
we could make to the debate on these issues. In response to this
invitation, and the growing importance of the issue, I convened an
Expert Group on Human Rights and Biotechnology with a brief to advise
me on the issues of priority in the field of biotechnology which
until now have been largely dealt with in terms of ethics. The
Experts' Conclusions, which I will have distributed to the
Sub-Commission, provide a clear mapping of the principal issues
before us today, and the priority to be accorded to the most pressing
amongst them. Of relevance to your discussion on intellectual
property rights and human rights, I note that the Experts have
identified the patentability of human genetic material and the issue
of benefit-sharing as priority issues. I commend the document to you.

Business and human rights

During this session you will consider a number of other important and
topical items.

I know the Sub-Commission and its Working Group on the working
methods and activities of transnational corporations has worked hard
to finalize what are provisionally called the 'Human Rights
Principles and Responsibilities for Transnational Corporations and
Other Business Enterprises'. I think that the Sub-Commission can make
a significant contribution to the framework for understanding the
human rights responsibilities of corporations and I wish you well for
the successful completion of this important set of principles.

ESCR

Economic and social rights will feature in your discussions this
year, along with the closely related topic of globalisation, trade
liberalisation and poverty. The emphasis on these rights reflects
trends at other levels, most notably at the Commission on Human
Rights. These debates will build on the discussions of the Social
Forum on the relationship between poverty reduction and the
realization of the right to food. An annual Social Forum open to the
broadest range of NGOs will not only underline the Sub-Commission's
commitment to economic, social and cultural rights, but also your
engagement with the broadest spectrum of civil society.

Permanent Forum

In my opening address to your last session, I spoke at length about
the Sub-Commission's Working Group on Indigenous Populations and the
pride it should feel in its role in the creation of the Permanent
Forum on Indigenous Issues. Since then the Permanent Forum has become
a reality, and it must now live up to the expectations placed on it
by the world's indigenous peoples. I hope that member States will
also play a role in ensuring that this important new organ will be
able to operate in the manner envisaged at its inception.

Human rights and the environment

The year's session of the Sub-Commission takes place against the
backdrop of preparations for the World Summit on Sustainable
Development, which I shall attend in Johannesburg shortly after the
conclusion of this session. This event will provide a valuable
opportunity for taking stock of developments in the decade since the
Rio Conference on Environment and Development, in particular the
recognition of the link between human rights and the environment that
has occurred over that time. I hope that the Johannesburg Summit will
underline the inextricable links between the environment, development
and human rights.

Working methods

At your last session you introduced a number of measures to
streamline your working methods including:
· a reformed agenda of seven items;
· increased use of closed meetings and sessions; and
· the use of the "question-and-answer" format .

These initiatives won praise in the Commission this year; praise
which I would echo. They indicate that the Sub-Commission does not
rest on its past achievements but is committed to carrying out its
mandate in an ever more effective and efficient way. Together with a
renewed emphasis on fulfilling your mandate as an advisory body
supporting the work of the Commission, these measures help to ensure
the relevance and centrality of the Sub-Commission and its work to
the UN human rights system.

Conclusion

As this is my final opportunity to address you as High Commissioner
for Human Rights, I would like to conclude by expressing my deep
appreciation to the members of the Sub-Commission for your support
and cooperation during my time in Office. I have seen significant
progress over the past five years; from the greater integration of
human rights into the work of the UN system to a greater willingness
on the part of governments to live up to their human rights
commitments. But as we all know, this is a difficult time for the
human rights community. There is still enormous work ahead in
translating these commitments into legislation, policy and practice
at every level, and ensuring they are fully upheld in combatting acts
of terrorism.

I wish you well as you continue making your critical contribution to
the greater realization of human rights around the world.

Thank you.






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