Highlights of the Sixty-First Session of the United Nations Commission on Human Rights
| Author | Mayra Gómez,Bret Thiele |
| Published date | 01 September 2005 |
| DOI | 10.1177/016934410502300312 |
| Date | 01 September 2005 |
| Subject Matter | Part C: Appendices |
HIGHLIGHTS OF THE SIXTY-FIRST SESSION OF THE
UNITED NATIONS COMMISSION ON HUMAN RIGHTS
BRET THIELE* and MAYRA GO
´MEZ**
1. INTRODUCTION
This article summarises highlights of the sixty-first session of the United Nations
Commission on Human Rights (Commission). For those readers interested in
greater detail of certain or all aspects of this year’s session, please refer to the
footnotes which provide citations to relevant Commission documents.
1
The Commission, the United Nation’s principal human rights body, convened
for its 61
st
session in Geneva, Switzerland from 14 March to 22 April 2005. The
Commission is composed of 53 member-governments and meets annually to discuss
and take action on human rights situations around the world.
2
In addition to the
delegations representing the member-governments, over 3,000 delegates from
observer States, inter-governmental organisations and non-governmental organisa-
tions (NGOs) participated at this year’s session. This session, the Commission
adopted 86 resolutions, 16 decisions, and four Chairperson’s statements.
The mandate of the Commission includes standard setting as well as human
rights monitoring. The Commission is guided by a Bureau of five persons elected
from its membership – one each from the five geographic regions.
3
The
Commission elected Ambassador Makarim Wibisono of Indonesia as Chairperson.
Elected as Vice-Chairpersons were Herna´n Escudero Martı´nez (Ecuador), Moha-
med Saleck Ould Mohamed Lemine (Mauritania), and Anatolyi Zlenko (Ukraine).
Deirdre Kent (Canada) was elected as Rapporteur.
Louise Arbour, United Nations High Commissioner for Human Rights, opened
the Commission’s six-week session. She said that over the past 60 years there has
Netherlands Quarterly of Human Rights, Vol. 23/3, 489-522, 2005.
#Netherlands Institute of Human Rights (SIM), Printed in the Netherlands. 489
PART C: APPENDICES
* Mr. Thiele, who received his JD cum laude from the University of Minnesota Law School, is Senior
Legal Officer and Coordinator of the Economic, Social and Cultural Rights Litigation Programme
with the Centre on Housing Rights and Evictions (COHRE) and an independent human rights
consultant.
** Ms. Go´mez, who received her Ph.D. from the University of Minnesota, is Research and Policy
Officer with the Centre on Housing Rights and Evictions (COHRE), and an independent human
rights consultant.
1
Please see the United Nations Office of the High Commissioner for Human Rights website,
available at www.ohchr.org/english/bodies/chr/index.htm.
2
The States making up the Commission in 2005 are Argentina, Armenia, Australia, Bhutan, Brazil,
Burkina Faso, Canada, China, Congo, Costa Rica, Cuba, Dominican Republic, Ecuador, Egypt,
Eritrea, Ethiopia, Finland, France, Gabon, Germany, Guatemala, Guinea, Honduras, Hungary,
India, Indonesia, Ireland, Italy, Japan, Kenya, Malaysia, Mauritania, Mexico, Nepal, Netherlands,
Nigeria, Pakistan, Paraguay, Peru, Qatar, Republic of Korea, Romania, Russian Federation, Saudi
Arabia, South Africa, Sri Lanka, Sudan, Swaziland, Togo, Ukraine, United Kingdom of Great Britain
and Northern Ireland, United States of America, and Zimbabwe.
3
The five geographic regions are Africa, Asia, Eastern Europe, Latin America, and Western Europe
and Other (including Australia, Canada, New Zealand, and the United States of America).
490
emerged a well-articulated body of human rights norms and standards that have
been enshrined as legally established entitlements. She noted the pivotal role of the
Commission in achieving this result. She also highlighted that social and economic
development, the improvement in individual and collective welfare and security and
the framework for peace could not be attained or sustained without full respect for
human rights, and that States, collectively and individually, should fulfil their
responsibilities in this regard.
4
Ms. Arbour also urged the strengthening of national systems for the protection
of human rights and pointed out that the Commission and other UN mechanisms
were able to assist States in respecting and enforcing human rights within their
respective jurisdictions. She also mentioned, however, that when States failed in this
regard that other entities have responsibilities for promoting and protecting human
rights, such as various UN mechanisms, civil society, the media, and regional human
rights organisations. Indeed, human rights violations will increasingly be subject to
appropriate mechanisms of accountability.
2. NOTABLE TOPICS AFFECTING COMMISSION DISCUSSIONS
2.1. Situation in Darfur, Sudan
On 16 March, several Commission appointed human rights experts issued a
statement on the situation in the Darfur region of Sudan.
5
With this strongly worded
statement, the experts expressed their grave concern about the ongoing violations
of human rights and humanitarian law in Darfur, including those amounting to
crimes against humanity. They pointed out that ‘The violations in Darfur have been
staggering in scale and harrowing in nature’ and that ‘if the vow that the
international community will ‘‘Never Again’’ stand idly by while crimes against
humanity are being perpetrated is to have any meaning, now is the time for decisive
action’. The experts also ‘strongly endorse[d] the conclusion of the International
Commission of Inquiry that the International Criminal Court ‘‘is the single best
Appendices
4
UN Press Release, 14 March 2005 (Morning).
5
The experts were Emmanuel Akwei Addo, Independent Expert on the situation of human rights in
the Sudan; Philip Alston, Special Rapporteur on extrajudicial, summary or arbitrary executions;
Leandro Despouy, Special Rapporteur on the independence of judges and lawyers; Doudou Die` ne,
Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and
related intolerance; John Dugard, Special Rapporteur on the situation of human rights in the
Occupied Palestinian Territory; Yakin Ertu
¨rk, Special Rapporteur on violence against women, its
causes and consequences; Robert K. Goldman, Independent Expert on the protection of human
rights and fundamental freedoms while countering terrorism; Sigma Huda, Special Rapporteur on
trafficking in persons, especially in women and children; Paul Hunt, Special Rapporteur on the
right of everyone to the enjoyment of the highest attainable standard of physical and mental health;
Walter Ka
¨lin, Representative of the Secretary-General on the human rights of internally displaced
persons; Miloon Kothari, Special Rapporteur on adequate housing; Ambeyi Ligabo, Special
Rapporteur on the promotion and protection of the right to freedom of opinion and expression;
Vernor Mun
˜oz Villalobos, Special Rapporteur on the right to education; Diane F. Orentlicher,
Independent Expert to update the Set of Principles for the promotion and protection of human
rights through action to combat impunity; Rodolfo Stavenhagen, Special Rapporteur on the
situation of human rights and fundamental freedoms of indigenous people; Stephen Toope,
Chairperson of the Working Group on enforced or involuntary disappearances; and Jean Ziegler,
Special Rapporteur on the right to food.
mechanism to allow justice to be made for the crimes committed in Darfur’’ and that
‘‘prosecution by the ICC of persons allegedly responsible for the most serious crimes
in Darfur would contribute to the restoration of peace in the region’’’. In closing,
the Commission’s human rights experts called for ‘strong, concrete and effective
measures’ in order to ‘urgently (...) bring to a close what is widely acknowledged to
be one of the worst humanitarian crises in the world today’ and ‘to send a clear
message that the international community has forged a unified commitment to
bring an end to serious violations of human rights and humanitarian law in Darfur
and to the impunity that has enabled them to continue’.
On 21 April, the Commission adopted a resolution on the situation of human
rights in Sudan. With this resolution, the Commission, inter alia, condemned: (1)
the continued, widespread and systematic violations of human rights and
international humanitarian law as reflected in the findings of the International
Commission of Inquiry on Darfur; (2) violence against civilians and sexual violence
against women and girls, destruction of villages, widespread displacement and other
violations in Darfur and urged all parties to take necessary steps to prevent further
violations; and (3) the continued violations of human rights, including attacks
against civilians committed by all parties, particularly the Janjaweed and other
armed militias. The resolution also called upon all parties to, inter alia, cease all acts
of violence immediately, and protect women and girls from sexual and other forms
of violence as well as respect the rights of refugees and internally displaced persons
and their right of voluntary return in safety and dignity. Importantly, the resolution
appointed a Special Rapporteur on the human rights situation in Sudan for an
initial period of one year.
6
2.2. United Nations Reform
The Secretary-General of the United Nations addressed the Commission on his
proposals for reform as articulated in his report In Larger Freedom.
7
Of particular note
was the proposal to replace the Commission with a Human Rights Council. The
Council would be a standing body able to meet when necessary rather than for only
six weeks per year. The Council’s main tasks would be to evaluate all States’
compliance with their respective human rights obligations. Eliminating the often
politicised nature of the Commission was seen in a positive light by many. Of
particular concern for many, including in particular NGOs, however, was whether or
not the effective mechanisms of the Commission would be retained and
strengthened in a reformed United Nations human rights body. A decision on
UN reform may be taken in September 2005 at the meeting of the General
Assembly.
Highlights of the Sixty-First Session of the UN Commission on Human Rights
Netherlands Quarterly of Human Rights, Vol. 23/3 (2005) 491
6
UN Doc. E.CN.4/RES/2005/82 (2005).
7
Report of the Secretary-General of the United Nations, In Larger Freedom: Towards Security,
Development and Human Rights For All, UN Doc. A/59/2005 (21 March 2005).
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