I. Introduction
1.
Since the adoption of its resolution 37/44 on 3 December 1982, the
General Assembly has continuously kept under review the issue of
the effective implementation of international instruments on human
rights, including reporting obligations under international
instruments. Those matters have also received careful attention
during the various sessions of human rights treaty bodies, at some
of the meetings of States parties and at meetings of other organs
such as the Economic and Social Council and the Commission on Human
Rights.
2.
Pursuant to General Assembly resolution 38/117 of 16 December 1983,
the Secretary-General convened the first meeting of the
chairpersons of bodies entrusted with the consideration of State
party reports in August 1984. The report on that meeting was
submitted to the General Assembly at its thirty-ninth session
(A/39/484, annex). The meetings of the chairpersons were convened
by the Secretary-General biennially from 1988 until 1994 and, in
accordance with Assembly resolution 49/178 of 23 December 1994,
annually since 1995. In its resolution 52/118 of 12 December 1997,
the General Assembly endorsed a request of the persons chairing the
treaty bodies to hold an extraordinary ninth meeting early in 1998
to pursue the reform process with the aim of improving the
effective implementation of international instruments on human
rights.
3. In
its resolution 53/138 of 9 December 1998, the General Assembly
welcomed the reports of the persons chairing the human rights
treaty bodies on their ninth and tenth meetings, held at Geneva
from 25 to 27 February 1998 and 14 to 18 September 1998,
respectively (A/53/125, annex; and A/53/432, annex), and took note
of their conclusions and recommendations. The General Assembly
noted with appreciation the efforts of the persons chairing the
human rights treaty bodies to propose appropriate reforms of the
reporting system with a view to, inter alia, reducing the
reporting burden on States parties while maintaining the quality of
reporting, and encouraged them to continue those efforts, including
through the continued examination of the benefits of reports
focused on a limited range of issues and of opportunities for
harmonizing the general guidelines regarding the form and content
of reports, the timing of consideration of reports and the methods
of work of the treaty bodies. It decided to continue to give
priority consideration at its fifty-fifth session to the
conclusions and recommendations of the meetings of persons chairing
the human rights treaty bodies, in the light of the deliberations
of the Commission on Human Rights, under the item entitled "Human
rights questions".
4. The
eleventh meeting of chairpersons of the human rights treaty bodies
was convened by the Secretary-General from 31 May to 4 June 1999
pursuant to General Assembly resolution 49/178.
II. Organization of the meeting
5. The
meeting was held at the United Nations Office at Geneva from 31 May
to 4 June 1999. The following representatives of the human rights
treaty bodies attended: Mr. Mahmoud Aboul-Nasr (Chairperson of the
Committee on the Elimination of Racial Discrimination), Mrs.
Virginia Bonoan-Dandan (Chairperson of the Committee on Economic,
Social and Cultural Rights), Mr. Peter T. Burns (Chairperson of the
Committee against Torture), Mrs. Aida González (Chairperson of
the Committee on the Elimination of Discrimination against Women),
Mrs. Nafsiah Mboi (Chairperson of the Committee on the Rights of
the Child), and Mrs. Cecilia Medina Quiroga (Chairperson of the
Human Rights Committee). Mrs. Medina Quiroga was elected
Chairperson/Rapporteur of the meeting and Mrs. Bonoan-Dandan was
elected Vice-Chairperson. At their first meeting the chairpersons
adopted the agenda and the programme of work.
6. On
behalf of the United Nations High Commissioner for Human Rights,
Mr. Bertrand Ramcharan, Deputy High Commissioner for Human Rights,
addressed persons chairing the human rights treaty bodies on 31 May
1999. Mrs. Mary Robinson, United Nations High Commissioner for
Human Rights, addressed the chairpersons in a closed meeting on 4
June 1999, which was highly appreciated by the participants.
7.
Representatives of the following United Nations bodies and
specialized agencies participated in the meeting: the Division for
the Advancement of Women of the United Nations Secretariat; the
United Nations Development Programme (UNDP); the Joint United
Nations Programme on HIV/AIDS (UNAIDS); the Office of the United
Nations High Commissioner for Refugees (UNHCR); the United Nations
Children's Fund (UNICEF); the International Labour Organization
(ILO); and the United Nations Educational, Scientific and Cultural
Organization (UNESCO).
8.
Representatives of Amnesty International and the Lawyers Committee
for Human Rights also intervened during the meeting.
9. In
addition to the above, the meeting was addressed by Mrs. Anne
Anderson, Chairperson of the fifty-fifth session of the Commission
on Human Rights; Mr. Yimer Aboye, member of the Bureau of the
fiftieth session of the Subcommission on Prevention of
Discrimination and Protection of Minorities; and Mrs. Gastaut,
Director of the Information Service of the United Nations Office at
Geneva.
10. The
chairpersons were also addressed by Ms. Anne Bayefsky of York
University, Canada, entrusted by the High Commissioner for Human
Rights to conduct a study on the effective functioning of the human
rights treaties, including their impact at the national level.
11. On the
afternoon of 2 June 1999, the chairpersons held a joint meeting
with the participants of the sixth meeting of special rapporteurs
and representatives, experts and chairpersons of working groups of
the special procedures system of the Commission on Human Rights and
of the advisory services programme.
12. On 3 June, the
chairpersons convened a meeting with the representatives of States
parties to discuss views on the functioning of the six human rights
treaty bodies. Thirty-eight States parties were represented at the
meeting. Appreciation was expressed by all participants for the
opportunity to engage in a fruitful dialogue on the role of the
treaty bodies and their future evolution.
13. On 4 June, the
chairpersons considered the draft report on their eleventh meeting.
The report, as amended during the course of the meeting, was
adopted unanimously. The list of documents made available to the
meeting is contained in appendix I.
14. The
chairpersons tentatively agreed to hold their twelfth meeting at
the United Nations Office at Geneva to coincide with the next
annual meeting of special rapporteurs and representatives, experts
and chairpersons of working groups, but not to interfere with any
of the sessions of the treaty bodies.
III. Review of recent developments relating to the
work of the
treaty bodies
15. The
chairpersons briefed the meeting on recent developments in the work
of their respective treaty bodies and the follow-up on
recommendations of the tenth meeting of chairpersons. Positive
results with respect to some treaty bodies were noted as a
consequence of modifications in their methods of work. These
included allowing additional time for States parties to respond to
issues raised during the examination of reports, which has resulted
in a higher quality of dialogue with the States parties concerned,
as well as higher quality of the conclusions and recommendations
adopted by the committees. The chairpersons expressed concern over
continuing problems such as the large backlog of State reports to
be examined and the growing backlog of correspondence awaiting
responses; the unbalanced geographical and gender representation in
their committees; the inadequate meeting time allotted to them to
deal with their workloads; and the lack of adequate interpretation
services for all their work, including Bureau meetings.
16. The
chairpersons were addressed by the Deputy High Commissioner for
Human Rights, Mr. Bertrand Ramcharan, who, inter alia,
informed them of the approach adopted by the High Commissioner with
regard to fund-raising. While welcoming the success of the plans of
action to strengthen the implementation of the Convention on the
Rights of the Child and of the International Covenant on Economic,
Social and Cultural Rights and noting the efforts of the
chairpersons to develop a plan of action for the remaining three
Geneva-based treaty bodies, the High Commissioner was seeking to
ensure adequate resources for all treaty bodies through a
consolidated approach. The High Commissioner would appeal to the
international donor community, including Governments, businesses
and institutions, to support the work of the treaty bodies.
17. The Deputy
High Commissioner also highlighted the importance attached by the
High Commissioner to the jurisprudence of the treaty bodies. In
that regard, the High Commissioner was considering ways to
reassemble within the Secretariat a core team to service their
communications procedures, which should reinforce the work not only
of the three treaty bodies that currently have such procedures in
place but also of the other three bodies that are seeking to have
such procedures developed in relation to the treaties whose
implementation they monitor.
18. The
chairpersons welcomed the proposal of the Deputy High Commissioner
that a handbook for States parties be prepared which would present
the core elements of treaty body "jurisprudence", in the broadest
sense of the term. Such a handbook would bring together in a single
volume significant decisions or views on communications, important
general comments or recommendations, concluding observations,
reporting guidelines of the six treaty bodies and other relevant
material, and would be useful not only to States parties but to
non-governmental organizations, other parts of the United Nations
system and individuals interested in the work of the treaty bodies.
They urged the Office of the High Commissioner to prepare such a
handbook as soon as possible, in consultation with the
chairpersons.
19. Mrs. Anne
Anderson, Chairperson of the fifty-fifth session of the Commission
on Human Rights, addressed the meeting and emphasized that the
Commission and the treaty bodies shared a common interest, namely,
the quality of interaction between them. She further made reference
to the current review and reform of the mechanisms of the
Commission, stating that once the process of reform within the
Commission itself had been completed, it would be time to look
closely at ways to improve the cooperation between the Commission's
procedures and treaty bodies. For example, subsequent to the
"special dialogues" organized by the Commission this year on a few
priority issues, the Commission was already considering topics to
be addressed during future "special dialogues". Mrs. Anderson
suggested that consultation with human rights treaty bodies should
be undertaken in that regard, a suggestion that was warmly welcomed
by the chairpersons. She concurred with the view previously
expressed by the chairpersons that a representative of the
committees should be granted formal status at the Commission on
Human Rights to enable their participation on matters of relevance
to them. She informed the chairpersons of her intention to raise
that matter at her next meeting with the Economic and Social
Council.
20. The
chairpersons were also addressed by Mr. Yimer Aboye, member of the
Bureau of the fiftieth session of the Subcommission on Prevention
of Discrimination and Protection of Minorities. Among a number of
interesting initiatives, the Subcommission was undertaking studies
and working papers on topics including reservations to the human
rights treaties and observance by States of the Universal
Declaration of Human Rights. The chairpersons welcomed those
important endeavours and expressed hope that the Subcommission
would draw on the expertise of the treaty bodies when considering
future studies. The representative of the Subcommission requested
the Human Rights Committee and other treaty bodies to consider
articles 8 and 24 of the International Covenant on Civil and
Political Rights within the context of the work of the Working
Group on Contemporary Forms of Slavery.
21. The
representative of the Division for the Advancement of Women
reviewed the recently concluded Workshop on Gender Integration into
the Human Rights System, to which all chairpersons of treaty bodies
and representatives from all special mechanisms had been invited.
At the Workshop, the chairpersons were encouraged to review the
working methods of the treaty bodies with a view to identifying
areas where questions of gender could be raised, as well as the
sources of information that they relied upon in order to have a
more balanced view of country situations. The Workshop concluded,
inter alia, that increased coordination among treaty bodies,
in the form of joint meetings, coordinated general comments or
recommendations and shared databases, could prove useful. The final
report of the Workshop was distributed at the meeting.
22. The
chairpersons were briefed by Ms. Anne Bayefsky on a global study
which she had been commissioned to undertake by the High
Commissioner for Human Rights on the effective functioning of the
human rights treaties, including their impact at the national
level. Part of the study would be devoted to the functioning of the
treaty bodies. At the request of the High Commissioner, she
presented to the meeting her discussion paper on secretariat
servicing.
23. The
chairpersons also took note of a decision adopted at a recent
meeting of States parties to the Convention on the Rights of the
Child in which States parties recommended that nominations of
candidates be submitted in accordance with the two-month time
period set out in the Convention.
24. Another
development brought to the attention of the chairpersons was the
issue of corporate responsibility for human rights. A
representative of the Office of the High Commissioner for Human
Rights (OHCHR) explained that the relationship between business and
human rights was an area of special concern to the High
Commissioner. Although the treaties are addressed to States
parties, corporate entities were often directly responsible for the
protection of certain human rights, particularly labour rights, and
in some countries corporate entities exercised greater influence
over society than did their Governments. The chairpersons welcomed
the attention paid by the High Commissioner to that important
area.
IV. Cooperation of human rights treaty bodies
with specialized agencies, United Nations departments, funds,
programmes and mechanisms and non-governmental organizations
A. Cooperation of human rights treaty
bodies with specialized agencies, United Nations departments,
funds
and programmes
25. The Director
of the United Nations Information Service at Geneva, Mrs.
Thérèse Gastaut, described the traditional and new
strategic news coverage undertaken by the Department of Public
Information of the Secretariat on the work of treaty bodies. The
traditional news coverage undertaken was done through press
releases, radio broadcasting, television coverage and press
conferences. In view of their previous recommendation to the
Information Service (A/53/432 para. 38) to explore ways to attract
the interest of the media worldwide, the chairpersons noted with
particular interest: (a) the efforts made to ensure that all
information on reporting by a particular State was sent to the
local UNDP field offices and that it was reflected in the national
media; and (b) the foreseen launching, in June 1999, of the United
Nations News Service through which important United Nations news
would be sent by e-mail to subscribers of that service, with
particular focus on developing countries. It was agreed that in
order to keep the treaty bodies up to date as to the news coverage
relating to their work in the international and local media, the
Department of Public Information would send a dossier of each
committee's press coverage to its respective committee
secretary.
26. The
chairpersons expressed appreciation for the information provided by
Mrs. Gastaut. They acknowledged that there was a need for treaty
bodies to make their work more appealing to members of the press
and recognized the difficulties in ensuring the accuracy of press
releases, since the speed with which they must be issued often
precluded verification of facts. Nevertheless, a number of
chairpersons expressed dissatisfaction with the quality of press
releases for two reasons. First, inaccuracies were found to be
contained in some press releases; and, secondly, press releases
tended to highlight only problems encountered in treaty
implementation by States parties. Both of those problems had on
occasion placed some treaty bodies in awkward positions in relation
to States parties. One Chairperson suggested, in order to make
concluding observations more interesting to the press, that the
responsible staff in the Department of Public Information who were
drafting press releases should coordinate with the person with
principal responsibility for the meeting in question with a view to
identifying themes or issues that might attract interest.
27.
Representatives of UNDP, UNAIDS, UNICEF, ILO and UNESCO informed
the chairpersons of their work and of recently developed forms of
cooperation with the treaty bodies. The representative from UNAIDS
highlighted ways in which inadequate protection of human rights -
civil and political rights, as well as economic, social and
cultural rights - fuelled the HIV/AIDS epidemic, in particular
among women and children. The representative of UNAIDS reported
that an agreement had been reached on the hiring of a full-time
adviser to work directly with the treaty bodies in integrating
HIV/AIDS concerns into their activities. The adviser would be
funded by UNAIDS during the first year of service and was due to
begin working in June 1999.
28. The
representative of UNICEF reported on steps taken to update the
Memorandum of Understanding with OHCHR. In connection with the
cooperation with treaty bodies, she indicated that UNICEF also
planned to embark on a compilation of "best practices" in the
implementation of the Convention on the Rights of the Child,
especially on general measures of implementation. In addition to
its traditional cooperation with the Committee on the Rights of the
Child, UNICEF had started to cooperate closely with other treaty
bodies, in particular with the Committee on the Elimination of
Discrimination against Women and the Human Rights Committee.
29. The
representative of ILO informed the meeting that efforts were being
made within that organization to improve the quality of information
provided to the treaty bodies which at present was limited to
copies of comments by the bodies supervising the ILO conventions.
For example, information on the International Programme on the
Elimination of Child Labour (IPEC) could be submitted to the
Committee on the Rights of the Child and more targeted information
could be submitted to the Committee on the Elimination of
Discrimination against Women. To enhance the effectiveness and
usefulness of the liaison system of those treaty bodies which had
such a system in place, ILO would welcome visits by members
designated to carry out liaison functions to speak with ILO staff
working in areas of interest to them, to view ILO files that were
too voluminous to submit to the treaty bodies and to consult the
ILO resource centre. She further reported that information from the
treaty bodies had been specifically designated as a source of
information for follow-up reports to the Declaration on the Right
and Responsibility of Individuals, Groups and Organs of Society to
Promote and Protect Universally Recognized Human Rights and
Fundamental Freedoms and that concluding observations were
systematically brought to the attention of the ILO Committee of
Experts.
30. The
representative of UNDP informed the meeting of efforts under way in
the organization to cooperate with the treaty bodies and other
mechanisms. In particular, the Committee on Economic, Social and
Cultural Rights and the Working Group on the Right to Development
of the Commission on Human Rights were targeted as entry points for
closer cooperation with human rights bodies. Information from UNDP
field offices, particularly national development reports, where
those existed and when relevant to the examination of a State
report, was regularly submitted to the Committee. Making the
reports available to other treaty bodies would soon be considered.
UNDP encouraged, but as a decentralized organization did not
obligate, Resident Representatives serving in countries under
consideration to participate directly in relevant meetings of the
Committee. Within the context of the Memorandum of Understanding
concluded with the Office of the High Commissioner for Human Rights
in March 1998, UNDP and the Office had launched in April a joint
programme entitled "Human Rights Strengthening" (HURIST) to promote
human rights at the regional and national levels.
B. Cooperation of human rights treaty
bodies with non-governmental organizations
31. A joint
written appeal from Amnesty International, the Association for the
Prevention of Torture, the Carter Center, Fédération
internationale des ligues des droits de l'homme, Human Rights
Internet, Human Rights Watch, the International Commission of
Jurists, the International League for Human Rights, the
International Service for Human Rights, the Jacob Blaustein
Institute for the Advancement of Human Rights, the Lawyers
Committee for Human Rights, the Observatory for the Protection of
Human Rights, and the World Organization against Torture was
presented to the chairpersons related to the Declaration on the
Right and Responsibility of Individuals, Groups and Organs of
Society to Promote and Protect Universally Recognized Human Rights
and Fundamental Freedoms, adopted by the General Assembly on 9
December 1998 (resolution 53/144, annex). The organizations urged
the human rights treaty bodies to pay increased attention to the
rights of human rights defenders, including their need to access
the treaty bodies and the right to freedom of association.
32. In its
intervention, Amnesty International expressed its concerns about
the recent denunciation and subsequent re-accession with serious
reservations to human rights treaties by some States parties. The
organization proposed a number of possible measures to be taken by
the human rights treaty bodies to discourage such a practice.
C. Joint meeting with participants in
the eleventh meeting of chairpersons of human rights treaty bodies
and the sixth meeting of special rapporteurs and representatives,
experts and chairpersons of working groups of the special
procedures system of the Commission on Human Rights and of the
advisory services programme
33. On 2 June
1999, a joint meeting was held between the participants of the
eleventh meeting of the persons chairing human rights treaty bodies
and the sixth meeting of special rapporteurs and representatives,
experts and chairpersons of working groups of the special
procedures system of the Commission on Human Rights and of the
advisory services programme.
34. The first
joint meeting was welcomed.
35. The six
chairpersons of the human rights treaty bodies and three
representatives of the special procedures system1
provided information on the activities of their respective
mandates, as well as on present and future interaction between the
two mechanisms. The presentations were followed by suggestions to
enhance the cooperation between treaty bodies and the special
procedures system, including the following:
(a) The reports of the special
rapporteurs and representatives, experts and chairpersons of
working groups should contain a specific section on the situation
of children;
(b)
The reports of the special rapporteurs and
representatives, experts and chairpersons of working groups should
include a gender focus in their assessments of human rights
situations;
(c) Greater use should be made by
treaty bodies and the special procedures system of the findings of
the other mechanism;
(d) Close cooperation should be
sought in the preparations for the World Conference against Racism,
Racial Discrimination, Xenophobia and Related Intolerance;
(e) More information should be shared
on positive achievements and "best practices" in the implementation
of human rights;
(f) Ways should be explored to
enable the two mechanisms to jointly enhance the interpretation of
human rights provisions in a consistent manner;
(g) Greater attention should be paid
to the impact of armed conflict on the realization of human
rights;
(h)
There should be opportunities for the two
mechanisms to discuss thematic issues of mutual interest such as
environment and human rights, education, and human rights
defenders;
(i) There is a need for an
exchange of information and experience regarding "follow-up"
procedures to ensure the implementation of conclusions and
recommendations;
(j) Databases should be
developed to facilitate the exchange of information;
(k) Consideration should be given to
compiling an easily accessible chart on planned and recently
completed missions in order to identify activities of mutual
interest and opportunities for cooperation.
36. The joint
meeting adopted recommendations relating to cooperation through
better use of information technology, more direct consultation and
improved coordination (see paras. 60-62 below).
V. Universal ratification
37. The
chairpersons were briefed by the Secretariat on the efforts of
OHCHR to promote universal ratification of the principal
international human rights treaties. In addition to the systematic
encouragement the Secretary-General of the United Nations and the
High Commissioner for Human Rights have given to promote
ratification during their contacts with representatives of
Governments, the Office continued to make use of its inter-agency
contacts initiated within the framework of activities to
commemorate the fiftieth anniversary of the Universal Declaration
of Human Rights in 1998 to promote ratification. In addition, one
of the activities provided for in the joint UNDP/OHCHR programme
HURIST was entirely dedicated to the promotion of ratification. The
activities foreseen under the programme would in part be based on
the results of two regional meetings on this topic organized by the
Office in the Africa and Asia/Pacific regions in 1996 and 1997,
respectively.
38. The
chairpersons discussed the possibility of treaty bodies encouraging
States parties, during the examination of their reports, to ratify
any of the human rights treaties as yet unratified by those States.
They noted the concerns of some States that a major obstacle to
ratification was the onerous reporting obligations under the
various treaties. In this connection, the chairpersons considered
that it would be useful to have at their disposal a document
presenting the reporting history of all States under all six
treaties through which it could be readily ascertained which
treaties each State was a party to. Such a document would be useful
not only to treaty bodies but also to States and organizations and
individuals interested in the reporting process.
VI. Improving the work of the treaty bodies
A. Regional sessions
39. The
chairpersons considered the possibility that sessions of treaty
bodies be held in locations other than their usual sites. They
considered that varying session sites would bring the treaty bodies
more visibility in regions where they might not be well known, make
them more accessible to some States that might not have
representation at their normal sites, or facilitate the
participation of some small States that might not otherwise be in a
position to attend sessions of the treaty bodies.
40. The
chairpersons noted that the Committee on the Elimination of Racial
Discrimination had made a formal request for one of its annual
sessions to be held in New York, as it is stipulated in article
10.4 of the International Convention on the Elimination of All
Forms of Racial Discrimination that the Committee shall normally
meet at United Nations Headquarters. The Committee on Economic,
Social and Cultural Rights had been requested by its parent body,
the Economic and Social Council, to resubmit its request for a
session to be held in New York, which it planned to do promptly.
The Committee on the Elimination of Discrimination against Women,
which was based in New York, planned to submit a formal request for
a session to be organized in Geneva. However, the chairperson of
the Committee against Torture reported that his Committee did not
wish to use scarce resources to have its sessions held elsewhere
but rather preferred to use any available additional resources for
other priorities, such as missions.
B. Technical briefings
41. At their
eighth meeting, held in September 1997, the chairpersons of the
human rights treaty bodies requested the Secretariat to present a
proposal as to the possible content of technical briefings for
members of the treaty bodies that would help them better to face
the increasing complexity of the legal and institutional context in
which the treaty bodies operate (A/52/507, para. 48). At their
eleventh meeting, the chairpersons considered a proposal by the
Secretariat for a programme of technical briefings for committee
experts, which had been prepared in accordance with suggestions
made at their previous meeting (A/53/432, paras. 35 and 36). The
chairpersons welcomed the proposal and recommended that OHCHR take
appropriate steps to ensure that such technical briefings be made
available, in particular, to newly elected committee experts, on
the understanding that each briefing would be adapted in accordance
with the needs and methods of work of each treaty body.
C. Measures to enhance cooperation among
treaty bodies
42. A suggestion
was made to establish ad hoc joint working groups to draft common
guidelines for State reports with regard to common provisions
contained in several of the human rights treaties. Such working
groups would consist of designated members of the treaty bodies
concerned.
43. The
chairpersons discussed various measures that could be taken to
enhance cooperation among treaty bodies. They included the
extension of reciprocal invitations by treaty bodies to attend each
other's sessions when matters of mutual interest were scheduled for
consideration. Such measures could also include the drafting of
"coordinated general comments or recommendations", which was also a
recommendation of the Workshop on Gender Integration into the Human
Rights System.
44. The
chairpersons discussed the suggestion that OHCHR publish a "human
rights treaties series", each issue to be devoted to specific
provisions of the treaties. Articles could be drafted by external
experts in the field of human rights, with the proviso that the
views contained in the articles were exclusively those of the
author and were not endorsed by the treaty bodies or by OHCHR.
Articles to be included in the publication could deal with such
matters as interpretations of treaty provisions, issues relating to
practical implementation and best practices.
45. The
chairpersons discussed the possibility of their participation in
meetings of their supervisory organs when their annual or biannual
reports were being considered. For the Committee on Economic,
Social and Cultural Rights, the supervisory organ is the Economic
and Social Council, while for the other five it is the General
Assembly. The chairpersons considered it would be useful to be able
to highlight important findings of their Committees and see how
their reports were received.
VII. Draft Plan of Action for strengthening
the implementation of the International Covenant on Civil and
Political Rights, the International Convention on the Elimination
of All Forms of Racial Discrimination and the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment
46. The chairpersons
welcomed the revised draft Plan of Action for strengthening the
implementation of the International Covenant on Civil and Political
Rights, the International Convention on the Elimination of All
Forms of Racial Discrimination and the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment,
which was submitted to them in accordance with a recommendation of
their tenth meeting. Following a detailed discussion, they approved
the draft Plan of Action, as modified during the meeting and
subject to a final round of consultations with all members of the
three treaty bodies concerned. The meeting urged OHCHR to undertake
such consultations with a view to finalizing and implementing the
Plan of Action as soon as possible.
VIII. Development of indicators and benchmarks
to assess the realization of human rights
47. The
chairpersons reviewed a proposal for a workshop to be organized for
the purpose of developing indicators to measure the implementation
of the right to education. Such a workshop was foreseen in
Commission on Human Rights resolution 1999/25 of 26 April 1999; if
the resolution was endorsed by the General Assembly, the
chairpersons considered that the proposal would be most helpful for
its implementation. They strongly supported the holding of a
workshop and recommended that it be organized in close consultation
with the Committee on Economic, Social and Cultural Rights along
the lines presented therein.
48. The
chairpersons were briefed by the Secretariat on efforts being made
to develop human rights indicators within the United Nations
system. It was pointed out that while a wealth of data was
available on economic, social and cultural rights, which already
formed a strong foundation for the development of indicators for
the measurement of those rights, little was available in the area
of civil and political rights. OHCHR sought to remedy that
imbalance by developing indicators for the measurement of enjoyment
of all human rights, as defined in the principal treaties. To this
end, it is working with its partners in the United Nations system,
particularly through the United Nations Development Group
(UNDG).2
IX. Informal consultations with Governments
49. On 3 June, the
chairpersons met with representatives of States parties. The
meeting provided an opportunity for the chairpersons to outline the
difficulties faced by each treaty body and to hear the views of
States parties on a wide range of topics relating to their
interaction with treaty bodies. The chairpersons urged States
parties to support their work, particularly by submitting
instruments of acceptance of the proposed amendments to the various
treaties and by allocating sufficient resources in the Fifth
Committee. They also appealed to the States parties to consider
gender and geographical balance in the treaty bodies when electing
members.
50. Many
representatives expressed appreciation for the improvements in
methods of work that made possible better participation by States
parties in the reporting process, particularly by allowing more
time for delegations to respond to questions posed by treaty bodies
and by requesting more focused information in periodic reports.
They were pleased to learn that treaty bodies were beginning or
continuing to invite States parties to comment on concluding
observations adopted on their reports and that those comments would
normally be included in the annual reports of treaty bodies. They
considered that many of the matters raised in the report of the
independent expert of the Commission on Human Rights on enhancing
the long-term effectiveness of the United Nations human rights
treaty monitoring system (E/CN.4/1997/74) were still valid, and
suggested that treaty bodies should continue to consider ways to
streamline and coordinate their work.
X. Recommendations
A. Relationship with the General
Assembly, the Economic and Social Council and the functional
commissions of the Economic and Social Council
51. The
chairpersons recommend that treaty body chairpersons, or designated
members of the treaty bodies, should be permitted to be present
when their annual reports are considered by their supervisory
organ, whether it be the General Assembly or the Economic and
Social Council. They recommend that the Secretary-General consider
ways to enable such a practice to be instituted.
52. The
chairpersons further recommend that they be granted formal status
within the Economic and Social Council, and hence with its
functional commissions, to enable them to participate in
discussions on matters of relevance to their respective
committees.
53. The
chairpersons welcome the suggestion by the chairperson of the
Commission on Human Rights that treaty bodies should be consulted
in relation to preparations for future "special dialogues"
organized by the Commission.
B. Public information
54. The
chairpersons welcome the offer by the Department of Public
Information to transmit to each treaty body, through its respective
secretariat, a dossier of media coverage of its work at both the
national and international levels. They recommend that such
dossiers be prepared on a regular basis.
C. HIV/AIDS
55. The
chairpersons recommend that the treaty bodies pay closer attention
to the situation of persons with HIV/AIDS, including women and
children, during the examination of State reports.
D. Cooperation with non-governmental
organizations
56. The
chairpersons note the concerns and suggestions put forward by the
non-governmental organizations and decide to bring them to the
attention of their respective committees.
E. Documents and publications
57. The
chairpersons warmly welcome the proposal of the Deputy High
Commissioner for the preparation of a handbook for States parties
which would present the core elements of treaty body
"jurisprudence", in the broadest sense of the term. They urge the
Office of the High Commissioner to prepare such a handbook, in
consultation with the chairpersons.
58. In relation to
efforts to promote compliance of States parties with their
reporting obligations, as well as to promote universal ratification
of the human rights treaties, the chairpersons recommend that OHCHR
produce a document, on an annual basis, outlining the reporting
history of States parties to the treaties.
59. The
chairpersons fully endorse the proposal for OHCHR to publish a
"human rights treaties series", each issue to be devoted to
specific provisions of the treaties.
F. Recommendations of the joint
meeting with the special procedures system
60. Subsequent to
its general discussion, the joint meeting decided to adopt the
following recommendations: the joint meeting emphasizes that the
work of each group of mechanisms is equally important to the other.
It also welcomes efforts made by OHCHR to make the documentation
produced by both the treaty bodies and the special procedures of
the Commission on Human Rights available to each mechanism and
urges the intensification of such efforts. In particular, it urges
OHCHR to institutionalize a system for drawing the attention of the
different special procedures mandates to information of the treaty
bodies relevant to their work, including observations on State
party reports and views on individual cases.
61. It also
encourages the treaty bodies to call, as they feel necessary, for
the cooperation of the special procedures, including the
possibility of a direct exchange of information during their
sessions. It requests the Office of the High Commissioner to take
steps to ensure the necessary funding for such cooperation.
62. In order to
provide an opportunity to conduct more in-depth consultations and
dialogue on areas of common concern, it is recommended that a full
day of joint meetings be arranged for next year.
G. Regional meetings
63. The
chairpersons reiterate their request made in previous reports that
necessary steps be taken to enable the four human rights treaty
bodies meeting only in Geneva to hold occasional sessions in New
York, and for the Committee on the Elimination of Discrimination
against Women to hold sessions in Geneva. They also reiterated
their request to be enabled to meet, on occasion, at other United
Nations regional offices.
H. Technical briefings
64. The
chairpersons express appreciation for the revised proposal of the
Secretariat on technical briefings that was requested at their
tenth meeting. They agree in principle on the contents proposed,
with the understanding that the programme would be tailored in
accordance with the specific requirements and methods of work of
each treaty body.
I. Coordination among treaty
bodies
65. The
chairpersons agree that it would be useful to establish an ad hoc
joint working group to explore the possibility of drafting possible
common guidelines for State reports with regard to common
provisions contained in several of the human rights treaties,
consisting of designated members of the treaty bodies concerned.
They call on OHCHR to take the necessary steps to organize meetings
of such working group.
J. Plan of Action for
strengthening the implementation of the International Covenant on
Civil and Political Rights, the International Convention on the
Elimination of All Forms of Racial Discrimination and the
Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment
66. The
chairpersons welcome the revised draft Plan of Action, prepared by
the Secretariat in consultation with the members of the three
treaty bodies involved. They welcome the opportunity provided
therein to develop and test new methods of work, to engage in
closer cooperation among the six treaty bodies, as well as to
strengthen the level of support provided to them. They therefore
urge the High Commissioner for Human Rights to embark on
consultations with members of all treaty bodies concerned, with a
view to finalizing and launching the Plan of Action without
delay.
K. Human rights indicators
67. The
chairpersons note with interest the efforts being made by the
Office of the High Commissioner for Human Rights to develop, in
cooperation with its partners in the United Nations system,
indicators that would make possible measurement of the level of
enjoyment of all human rights. In this regard, they encourage the
Office in these endeavours and express hope that they will lead to
the development of useful tools for the human rights treaty bodies,
among others.
68. In this
regard, the chairpersons welcome the first such effort in the area
of the right to education. They express full support for the
proposal for OHCHR to organize a workshop of experts for the
purpose of developing indicators to measure implementation of this
right. They call upon the Office, in its preparations for this
workshop, to cooperate closely with the Committee on Economic,
Social and Cultural Rights.
L. Corporate responsibility for
human rights
69. The
chairpersons welcome the attention paid by the High Commissioner to
the important issue of corporate responsibility for human rights
and recommend that the treaty bodies consider what role, if any,
they might play in this regard.
Notes
1
Mr. Roberto Garretón, Special Rapporteur on contemporary forms
of racism, racial discrimination, xenophobia and related
intolerance; Mr. Abid Hussain, Special Rapporteur on the
promotion and protection of the right to freedom of opinion and
expression; and Mr. Diego García-Sayán, member of the
Working Group on Enforced or Involuntary Disappearances of the
Commission on Human Rights.
2
The United Nations Development Group is one of four executive
committees established directly under the Secretary-General to
advise him on matters relating to key areas of work undertaken by
the United Nations system. The membership of UNDG is composed of
the heads of the major development agencies and departments,
including UNDP, UNICEF and the United Nations Population Fund
(UNFPA). The High Commissioner for Human Rights is a member of all
four executive committees, in accordance with the designation by
the Secretary-General of human rights as a cross-cutting theme
relevant to all the work of the Organization.
