Working Group on Enhancing the Effectiveness of the Mechanisms of the Commission on Human Rights.

Joint oral statement by Human Rights Advocates, Earth justice Legal Defense Fund, Pax Romana, The Lutheran World Federation, and the World Federation of Methodist and Uniting Church Women

Mr. Chairperson, distinguished Members of the Commission, Ladies and Gentlemen:

Our organisations participated actively in the sessions of the Working Group on Enhancing the Effectiveness of the Mechanisms, making suggestions as to improvement of various aspects of the special procedures, the 1503 procedure, as well as the functioning of the Sub-Commission. Since the purpose of the Working Group aimed at rendering the functioning of the mechanisms more efficient, our expectations were high, and we therefore regret to have to conclude, that the report agreed upon by the Working Group largely falls short of our hopes. We would in this context like to emphasise that, in view of the often vague terms of the report, we are going to closely monitor the implementation of the recommendations which must be done in good faith so that they truly strengthen the various mechanisms whose task is to contribute to putting an end to human rights violations wherever they take place.

As to the positive aspects of the Working Group's Report, we welcome the changes suggested with regard to the 1503 procedure, which will hopefully contribute to shortening the length of this complex procedure.

With regard to the question of enhancing Governments' cooperation with the mechanisms referred to in paragraph 25 of the Report, we agree that it is important that Governments explain the reasons when they fail to cooperate. However, since Governments do have a duty to cooperate under Articles 55 and 56 of the United Nations Charter, explanations of reasons must not be allowed to constitute an excuse for non-cooperation; the process of explanation must only be considered as a means of increasing the understanding between the mechanisms and the Governments concerned.

We are further convinced of the importance of the urgent appeals made by the various mechanisms, and urge all Governments to which such appeals are addressed to promptly respond with adequate and substantive replies. In situations which involve immediate threat to human life, the Special Rapporteurs and Working Groups do need the full and constructive cooperation of the Governments concerned. We therefore count on all Governments to comply with this duty for the purpose of the higher good of protecting the life and security of the human person.

Our organisations finally welcome the recommendation that time be made available for an interactive debate on the reports of Rapporteurs. In the light of this year's experience, it is evident that, in order to make the Rapporteurs' work more meaningful, this debate has to follow immediately on the presentation of their reports as proposed in paragraph 31(ii) of the Report of the Working Group. However, this will require some rescheduling of interventions of the special guests so as to ensure a focussed and uninterrupted discussion.

Regarding the broadening of the mandate of the Special Rapporteur on toxic waste, there is a critical need for an extended mandate in order to cover a wider range of environmental issues that may have serious adverse implications on the effective enjoyment of human rights.

Mr. Chairperson, as to the recommendations relating to the Sub-Commission, we cannot but express our profound disappointment. Both the limitations of the Sub-Commission's mandate, the shortened sessions, as well as the failure to agree on guidelines to ensure the independence of the members, are some of the elements that we find truly unsatisfactory, and which may contribute to a weakening of the efficiency of the Sub-Commission most particularly in the field of preventive action. The important role played by the Sub-Commission inter alia as an early warning mechanism is well documented, and we express our sincere hope that it will also in the future find ways of fulfilling this essential task. As emphasised both by the Secretary-General and the High Commissioner for Human Rights, prevention of human rights violations must be given much more attention at all levels of the United Nations, including at the Commission level.

Although we do regret that the Sub-Commission will not be competent to adopt country resolutions and thematic resolutions with a country focus, we believe that this will not prevent the Sub-Commission from making the necessary recommendations to the Commission enabling it to take appropriate action with respect to violations or threatened violations in any part of the world. As Ambassador Anderson said at the end of the last session of the Working Group, "there must be some way for the Sub-Commission to reflect its common view to the Commission".

Finally, Mr. Chairperson, we appeal to all Governments to show their support to the cause of human rights, by immediately improving their funding of the overworked and understaffed Office of the High Commissioner for Human Rights. A marginal decrease in their military budgets would go a long way to help the Office improving its services.

Thank you Mr. Chairperson.