A Review of the 57th Session of the United Nations Commission on Human Rights
| Date | 01 September 2001 |
| Author | Mayra Gómez,Bret Thiele |
| DOI | 10.1177/092405190101900308 |
| Published date | 01 September 2001 |
| Subject Matter | Part C: Appendix |
Part C: Appendix
AReview
of
the 57th Session
of
the United Nations Commission on
Human Rights
Bret Thiele· and Mayra Gomez"
Introduction
This article summarises the 57th session ofthe United Nations Commission on Human Rights
(Commission). For those readers interesting in greater detail
of
certain or all aspects
of
this
year's session please refer to the footnotes which provide citations to the relevant
Commission documents.
The Commission convened for its 57th session in Geneva, Switzerland from 19March to
27 April 200 1. The Commission is composed
of
53 member-governments and meets annually
to discuss and take action on human rights situations around the world. IIn addition to the
delegations representing the member-governments, over 3,000 delegates from observer
States, inter-governmental organisations and non-governmental organisations (NGOs)
participated at this year's session.
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.? In recent years the Commission
has reduced efforts at standard setting and has turned its attention toward implementation.
To this end, the Commission has increasingly addressed the needs
of
States by providing
advisory services and technical assistance.
Mary Robinson, the United Nations High Commissioner for Human Rights opened the
Commission's six-week session. She reflected upon the past accomplishments
of
both the
Commission and the Office
of
the High Commissioner, but alsonoted that serious challenges
remained with respect to the observance
of
human rights around the world. In her statement,
Ms. Robinson stressed that the dominant theme for this year's session and her Office is the
stewardship
of
the World Conference against Racism, Racial Discrimination, Xenophobia
and Related Intolerance. To this end, the High Commissioner stated that the World
Conference is ofutrnost significance
..
Mr. Thiele, who received his JD cum laude from the University
of
Minnesota Law School, is a Legal
Officer for the Centre on Housing Rights and Evictions (COHRE) and an independent human rights
consultant.
Dr. Gomez, who received her Ph.D. from the University
of
Minnesota, is Research Officer for the Centre
on Housing Rights and Evictions (COHRE), Country Specialist on El Salvador and Nicaragua for Amnesty
International-
USA, and an independent human rights consultant.
The States making up the Commission in 2001 are Algeria, Argentina, Belgium, Brazil, Burundi,
Cameroon, Canada, China, Colombia, Costa Rica, Cuba, the Czech Republic, Democratic Republic
of
the
Congo, Ecuador, France, Germany, Guatemala, India, Indonesia, Italy, Japan, Kenya, Latvia, Libyan Arab
Jamahiriya, Madagascar, Malaysia, Mauritius, Mexico, Niger, Nigeria, Norway, Pakistan, Peru, Poland,
Portugal, Qatar, the Republic
of
Korea, Romania, Russian Federation, Saudi Arabia, Senegal, South
Africa, Spain, Swaziland, Syrian Arab Republic, Thailand, the United Kingdom, the United States,
Uruguay, Venezuela, Viet Nam, and Zambia.
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).
Netherlands Quarterly
of
Human Rights, Vol. 19/3,333-367,2001.
toNetherlands Institute
of
Human Rights (81M). Printed in the Netherlands. 333
NQHR
3/2001
'because the issues it will address are evils which we must combat with all our power; because racism and
xenophobia -manifesting themselves through discrimination and all forms
of
intolerance - are the
wellsprings
of
many
of
the world's conflicts, because they are a key element
of
the vicious cycle
of
poverty
and social exclusion, and because these forces run directly contrary to the fundamental message ofhurnan
rights which is that every member
of
the human family has equal and inalienable rights.']
Noting the fundamental importance
of
a holistic approach to human rights, the High
Commissioner affirmed that all human rights - be they civil, cultural, economic, political,
or social rights - are entitlements." She added that her Office has consistently advocated for
arights-based approach centred on the framework
of
the core human rights treaties and
highlighted that her Office has worked to integrate human rights and a gender perspective
into the programmes
of
the United Nations as a whole.'
On a positive note, the High Commissioner welcomed the progress made last year with
respect to cooperating with States. She discussed how her Office was working to strengthen
national capacity by responding to requests for technical assistance in the field
of
human
rights. To date, four States, the People'sRepublic
of
China, the Russian Federation, Mexico,
and Chile, have requested such assistance and have signed Memoranda
of
Understanding on
Technical Cooperation with the Office
of
the High Commissioner.
Leaving her prepared statement, Ms. Robinson surprised the Commission and others in
the audience by mentioning that she planned to step down as High Commissioner in
September at the end
of
her term. She implied that she could be a better advocate for human
rights
if
she were able to operate outside
of
the constraints placed upon her by the United
Nations. On 3 April 2001, however, the Secretary-General announced that he was able to
convince the Robinson to remain in her position for an additional year.
The Commission elected AmbassadorLeandro Despouy (Argentina) as Chairperson. The
Ambassador is a former member
of
the Sub-Commission on the Promotion and Protection
of
Human Rights (Sub-Commission) (formerly known as the Sub-Commission on the
Prevention
of
Discrimination and Protection
of
Minorities) where he served as Special
Rapporteur on human rights and extreme poverty from 1993 to 1995 and Special Rapporteur
on human rights and states
of
emergency from 1996 to 1998. In his opening remarks,
Ambassador Despouy noted that the world is in a period
of
enormous contrast, 'with some
living in the space age and the information revolution while others were trying merely to
survive'. The Ambassador emphasised that not only poverty threatens human rights,
but-
in the absence
of
ethics - so does much scientific and technological progress and therefore
that regulation and control are necessary to ensure that 'progress' equalls progress in human
rights. Furthermore, he noted that economic globalisation is complex and wide-ranging, and
its effects have to be further studied and its negative impacts reduced, and that one way to
accomplish this end is to give equal weight to all categories
of
human rights.
Lastly, the Chairperson commended NGOs, which he praised as vital to the Commission's
work and to the progress
of
human rights around the world. He also expressed his personal
gratitude for the tireless work
ofNGOs
for the role they played during the harsh years
of
military dictatorship in Argentina.
Elected as Vice-Chairpersons were NajatAI-Hajjaji (Libyan Arab Jamahiriya), Anda Filip
(Romania), and Alvaro de Mendonca e Moura (Portugal). Imtiay Hussain (Pakistan) was
elected as Rapporteur.
3
4
S
334
Statement
of
Mary Robinson, UN High Commissioner for Human Rights, 19 March 2001.
Idem.
Idem
..
Appendix
INotable Topics Affecting Commission Discussions
A. World Conference against Racism, Racial Discrimination, Xenophobia and Related
Intolerance
The WorId Conference against Racism, Racial Discrimination, Xenophobia and Related
Intolerance (Durban Conference) is scheduled to meet in Durban, South African from 31
August to 7 September 2001. For the past few years the Commission has debated the
mandate and scope
of
the Durban Conference.
On 20 March 200 I, Mary Robinson introduced her report to the Commission." Picking
up on her opening statement
of
the day before, Ms. Robinson's oral presentation highlighted
her Office's work in preparation for the Durban Conference and noted that victims
of
racism
and discrimination include civilians caught up in ethnic conflicts, the marginalized and
excluded, and minorities including those
of
African descent, indigenous peoples, those who
are trafficked, refugees, and asylum seekers.
Ms. Robinson pointed out that there are several concrete measures that States could take
immediately in order to ameliorate the impact
of
racism and other forms
of
intolerance. First
and foremost, she urged States that have not already done so to ratify or accede to
international human rights instruments and in particular the Convention on the Elimination
of
Racial Discrimination, the Convention on the Protection
of
the Rights
of
All Migrant
Workers and Members
of
Their Families, and the 1951 Convention on the Status
of
Refugees
and its 1967 Protocol.
In closing, the High Commissioner eloquently stated:
My message is simple: in the months leading up to the Durban Conference, each State needs to look afresh
at itself. Each State needs to reflect on the past, present, and the future. Each State would benefit from a
review
of
its laws and policies with the view to repealing those that disproportionately affect disadvantaged
racial groups and ensuring that remedies and complaint mechanisms are available. Each State needs to go
beyondtrying to ensure equality
of
individual opportunityby merely making discrimination illegal. It needs
to think
of
special measures as to how it can reverse historical injustices that have consigned certain groups
topositions
of
disadvantage. Equally important, each State should establish relevant institutions and develop
education and training programmes to foster tolerance and appreciation
of
diversity as part
of
efforts to
eliminate racism."
Kofi Annan, the UN Secretary-General, also addressed the Commission with regards to the
Durban Conference. Mr.Annan thanked the High Commissioner, governments, and the
UN's
NGO partners for the work they had completed thus far. He went on to note that the process
was at a crucial moment as the message to be sent by the Durban Conference was being
defined. The Secretary-General expressed his strong desire that 'Durban' will become
synonymous with a vision
of
progress for all humankind and that it should be capable
of
producing very valuable outcomes and tools for peaceful and fundamental change.
Speaking directly on the topic
of
discrimination, Mr. Annan stated that:
The High Commissioner's report is included in eight separate documents. on, respectively, her Office's
staff(UN
Doc. ElCNA/200III 00), her mission to Cambodia (UN Doc. ElCNA/2001l1 5), preparations for
the DurbanConference (UN Doc. ElCN.4/200 1116),the rightto development (UN Doc. ElCNA/200
1125),
her mission to Chechnya and the Russian Federation (UN Doc. ElCN.4/2001l36), her mission to East
Timor (UN Doc. ElCNA/2001/37), her mission to the occupied Palestinian territories (UN Doc.
ElCNA/200
11114),and the draft Optional Protocol to the International Covenant on Economic, Social and
Cultural Rights (UN Doc. ElCNA/2001162).
Statement
of
Mary
Robinson, 20 March 2001.
335
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