• 17 March 2005. Statement by H. E. Vidar Helgesen, State Secretary

CHR61. Informal meeting on reform 12 April 2005. Statement by Norway

The UN human rights machinery is in need of reform. We must bridge the widening gap between expectations for credible UN action in human rights and the current system’s capacities.

The idea of elevating the status of the UNs main human rights body is attractive, and so is the notion of a responsive, permanent Council equipped to deal effectively with human rights challenges. We clearly need to increase our ability to deal adequately with such challenges, including in times of conflict and crises.

The proposed Human Rights Council gives however rise to certain questions. It is not yet clear to us how the proposed scheme would ensure a legitimate and effective membership. To ensure legitimacy, Norway has expressed preference for universal membership. All States should be involved in discussing universal human rights issues. In our view, it is also essential that a new human rights body preserves certain valuable features of the existing CHR. This includes the mandates and independence of the special procedures and the active role of NGOs. The discussion of human rights is inherently political and controversial. This can not be changed by way of organisational measures.

We welcome the proposal to provide the OHCHR with better support both politically and financially – including by necessary regular budget allocations. We also agree with the Secretary-General that the treaty bodies, who play a crucial role in overseeing States’ implementation of their human rights treaty obligations, need to be strengthened.

We should use the momentum created by the Secretary General to consider far-reaching reforms of the UN human rights machinery. Norway would, however, advocate a twin-track approach to our discussions on human rights reform. An ambitious plan involving major changes to the existing system of the CHR, should be accompanied by us also looking for more incremental improvements to the current system.

There are a number of immediate steps States can and should take that would greatly contribute to strengthening the existing human rights machinery. Let me mention a few:

• Needless to say, States should fully comply with their human rights obligations as spelled out both in treaty and customary law,
• States should regularly review all existing reservations to human rights instruments, fulfil their reporting obligations, while at the same time follow-up on recommendations and concluding observations made by treaty bodies
• States should issue standing invitations to the special procedures and follow-up on their recommendations

A final word on UN reform in general. Our deliberations here today must be seen in a wider context. We need stronger institutions throughout the UN system. The Charter itself, for good reasons, created several centres of power in the UN system. Reform of the UN’s human rights machinery should take into account this fundamental principle.

• 21 March 2005. Item 6: Racism, Racial Discrimination, Xenophobia and All Forms of Discrimination.Statement by Ms Astrid Helle Ajamay

Minister Counsellor, Permanent Mission of Norway

The elimination of racism and racial discrimination is a fundamental objective for the United Nations. Although the standard of non-discrimination has been established as a bedrock principle in international human rights law, the persistence of racism and racial discrimination demonstrates the need to look for new ways to address this problem with more resolve and with greater efficiency.

In the Durban Declaration and Programme of Action the international community expressed its concern that contemporary forms of racism and xenophobia are striving to regain political, moral and even legal recognition, including through the platforms of some political parties. The study by the Special Rapporteur on the issue of political platforms that incite discrimination, shows that the need to prevent racist and xenophobic discourse from entering into the mainstream is a challenge that is relevant worldwide.

In order to encourage politicians to abstain from public statements and actions which may fuel discrimination, Norway has developed voluntary codes of conduct for politicians including internal disciplinary measures for violations, in line with the Durban Programme of Action paragraph 115.

Discrimination incites conflict both within and between states. Comprehensive legislation against racism and racial discrimination must be combined with efficient tools for implementing and enforcing the legislation. The International Convention on the Elimination of All Forms of Racial Discrimination is an effective instrument. My delegation agrees with the Committee on the Elimination of All Forms of Racial Discrimination that it is failure to ratify or implement the Convention, rather than gaps in the Convention, which is critical to combat contemporary racism.

In line with the Durban Declaration and Programme of Action my delegation points out the importance of universal ratification of the convention and acceptance of its individual complaint procedure. It is by considering individual complaints that the Committee best can clarify and interpret the standards of the Convention in light of present day challenges.

We welcome the work of the Intergovernmental Working group on the Effective Implementation of the Durban Declaration and Programme of Action and the recommendations adopted by consensus at the last session to discuss the issues of racism and Internet and of complementary standards. In our view, effective implementation of existing standards should be given priority to development of new standards. We refer in particular to the statement by the CERD that article 4 of the Convention applies to material disseminated on the Internet.

In order adequately to reflect the importance of the International Convention on the Elimination of All Forms of Racial Discrimination convention, the Norwegian Government has made a proposal to Parliament for its incorporation into domestic law.

Norway recognises that legal measures are not sufficient. It is the responsibility of every state to challenge the growing idea that multiculturalism poses a risk which endangers the identity of countries. A comprehensive public policy that promotes inclusion and participation of all citizens is critical for the elimination of racism.

My delegation welcomes the recommendation by the Special Rapporteur to Member states to take a dual approach: Legal and political responses to racism should be combined with an intellectual strategy for combating racism in the domain of ideas, images and value systems.

Norway welcomes the efforts undertaken by the High Commissioner for Human Rights to combat racism and racial discrimination and urge her Office to continue to give high priority to this in the future.

• 23 March 2005. Item 8: Question of the violation of Human Rights in the occupied Arab territories, including Palestine. Statement by H. E. Wegger Chr. Strømmen, Ambassador, Permanent Mission of Norway

Mr. Chairman,

Norway welcomes last month’s Sharm el Sheikh summit as the beginning of the end of four years of violence and meaningless loss of life. In January alone, 70 Palestinians were killed, and 164 injured. 10 Israelis were killed, and 61 injured.

Although the political climate has improved, there are few visible signs on the ground. There are daily incidents in the Occupied Territories which do not make the headlines. The number of casualties has decreased, but the psychologigal scars run just as deep. Check-points, closures and settlers provide constant reminders of occupation and humiliation. The security barrier divides neighbourhoods and families, separates children from their schools and prevents farmers from working on their land. Large-scale harassment of civilians continues. The current state of lawlessness experienced by Palestinians in the Occupied Territorities is unacceptable.

No conflict is above international humanitarian law and international human rights. The advisory opinion of the International Court of Justice was a timely reminder of this. Israel has a clear duty to respect international humanitarian law in the Occupied Territories, notably the 4 ^th> Geneva Convention on the protection of civilians.

Mr. Chairman,

We call on the Palestinian Authority to do its utmost to prevent human rights violations. Norway strongly condemns terrorist attacks by armed groups. We commend the efforts of the new Palestinian leadership to control the situation in dialogue with militant factions. We know that these efforts have the support of a clear majority of Palestinians.

A peaceful settlement of the conflict can only be found if the fundamental rights of both Palestinians and Israelis are respected. Palestinians have the right to demand an end to occupation. They have the right to demand the establishment of an independent and democratic state. Israelis have the same right to live in peace and security within internationally recognized borders. This places responsibilities on both parties. Peace is only possible if the parties themselves are committed to it.

We, the international community, should do our utmost to act in a concerted manner to bring about peace in the Middle East. Norway has called upon the Palestinian Authority to improve the security situation and combate terrorism. In the same vein, we call upon the Israeli government to implement a freeze in settlement activities as set out in the Road Map, to ease the closures regime and to halt construction of the security barrier.

Thank you.

• 23 March 2005. Item 9: Question of the violation of Human Rights and fundamental freedoms in any part of the world. Statement by H. E. Wegger Chr. Strømmen, Ambassador, Permanent Mission of Norway

Mr. Chairman,

A clear message is conveyed in many of the reports before this Commission: there is deep concern that human rights are being violated and called in question in many different ways and in all parts of the world. I will within the short time allocated for this statement mention but a few of our concerns.

The situation in Darfur is still deplorable. Protection must be secured for the civilian population. Impunity can not be accepted, and the perpetrators behind the atrocities in Darfur must be brought to justice. The historic Peace Agreement on 9 January provides a framework for a political solution also for Darfur and other areas in Northern Sudan.

The human rights situation in Zimbabwe continues to give reason for concern. Referring to the parliamentary elections on 31 March this year, we call on the Government of Zimbabwe to uphold its obligations under the ICCPR, article 25. It is the responsibility of the Government of Zimbabwe to stop obstruction of regular political activities, and restrictions on freedom of information.

We have seen important steps towards peace in the Democratic Republic of the Congo. Norway, however, remains seriously concerned about the humanitarian situation in the eastern part of the DRC, with grave violations of human rights.

The human rights situation in the Chechen Republic of the Russian Federation and, increasingly, in regions neighbouring on Chechnya, is still cause for concern. The rule of law and respect for human rights are necessary conditions for genuine reconciliation and future stability in the region. Norway welcomes attempts at reconciliation in the republic and urges the parties to intensify their efforts to put an end to the human rights violations.

The human rights situation in Belarus has in the period after the parliamentary elections, which fell significantly short of internationally accepted principles, deteriorated even further. The increasing pressure on the political opposition coupled with gradual curbing of press freedom and civil rights are examples showing that the country has left the path of democratic development. We strongly urge the authorities to respect the commitments they have undertaken as a member of the United Nations.

We call on the government of Myanmar to release all political prisoners, to improve humanitarian conditions and to address the human rights situation. Efforts should be intensified to ensure that the National Convention becomes an inclusive and democratic process for national dialogue and reconciliation.

The situation in North Korea is still cause of great concern. We call on the government to respect the rule of law and to improve the humanitarian and human rights situation for its citizens.

Norway values the opportunity to address human rights issues with the People’s Republic of China through our bilateral human rights dialogue. We welcome China's inclusion of human rights protection in its constitution last year. My government attaches special importance to the preservation of cultural and religious identity of the Tibetan people. We are concerned about the imprisonment of individuals who express their views on the Internet, the lack of religious freedom and the extensive use of capital punishment. We encourage the government to abolish the "re-education through labour" system and speed up the ratification of the ICCPR.

Reputedly negative developments in the human rights situation in Iran after the elections in 2004 give reason for great concern. One particular area of concern is death penalty for minors. The recent arrests of journalists and web-loggers show that the right of expression is another area which gives reason for worry.

We are worried about the continued lack of civil and political rights in Cuba, and the persecution of peaceful dissidents, writers and journalists. The deplorable human rights situation in Cuba contributes to the country's isolation in the international community. We urge the Cuban government to release all political prisoners.

Thank you, Mr, Chairman

• 1 April 2005. Item 11: Civil and Political Rights. Statement by Astrid Helle Ajamay, Minister Counsellor, Permanent Mission of Norway

Mr Chairman,

I would like to comment on three civil and political rights of special concern to the Norwegian Government.

The right to life is the most basic human right. Incorporated in this right is the prohibition against extrajudical, summary and arbitrary executions. Norway would like to thank the Special Rapporteur on extrajudicial, summary and arbitrary executions for his report, a report which contributes greatly to our understanding of current threaths and difficulties related to the fulfilment of the right to life.

Norway notes with concern responses received by the Special Rapporteur contesting that his mandate covers acts which fall under international humanitarian law. Human rights law and international humanitarian law are complementary. The right not to be arbitrarily deprived of ones life is a non-derogable human right, but the question of whether a killing conducted in an armed conflict is “arbitrary” depends on the applicable rule of international humanitarian law. Norway welcomes accordingly the conclusions of the Special Rapporteur that executions involving violations of international humanitarian law fall squarely within his mandate and that human rights law and international humanitarian law coexist in international and non-international armed conflicts.

Norway regards the death penalty as wholly inconsistent with the notion of human dignity. We call on all states to abolish this form of punishment. We welcome the steps taken towards its abolition in some States since the last Commission. Norway welcomes also the recent decision from the US Supreme Court confirming the global trend towards abolishing the death penalty for persons convicted of crimes committed before the age of 18. States choosing to maintain the death penalty are strongly encouraged to consider legislation which prohibits the death penalty for crimes committed by minors.

Mr Chairman,

Norway would once again like to stress the importance of the non-derogable and peremptory character of the prohibition against torture and other cruel, inhuman and degrading treatment or punishment. Democracy and rule of law are weakened dramatically when this norm is disrespected. We are therefore deeply concerned by reports on frequent and increasing violations, in particular when State security is perceived to be under threath.

Norway would like to underline the importance of freedom of expression in relation to the second phase of The World Summit on the Information Society, which is to be held in Tunis in November. Freedom of expression and opinion, including freedom of the press and editorially independent media is a precondition for any democratic society. An active and critical public debate is a cornerstone of democracy. It is crucial that freedom of expression forms an integral part in the preparations of the this UN summit and that the meetings take place in an athmosphere where this right is respected and upheld.

It is the genuine hope of the Norwegian Government that the work of this Commission will contribute to increase the fulfilment of the norms we all have participated in creating to uphold and strengthen civil and political rights.

Thank you

• 6 April 2005. Item 12: Integration of the human rights of women and the gender perspective. Statement by Astrid Helle Ajamay, Minister Counsellor, Permanent Mission of Norway

We have entered the tenth year of implementation of the Beijing Platform for Action. During these 10 years progress has been achieved in several areas but we are still far from reaching the goal of equal opportunities for women and men. Systemic reform is a necessity in many places, and the need for effective implementation of existing frameworks can hardly be emphasized strongly enough.

The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) is a key instrument in this regard and 179 states have now ratified the Convention. However, an unprecedented number of states have made reservations incompatible with the object and purpose of the Convention. Norway calls upon all States to withdraw these reservations with immediate effect, and we urge states that have not yet ratified the Convention or the Optional Protocol, to do so.

Women continue to be victims of gross human rights violations, including rape and other forms of sexual abuse; early and forced marriages; violence related to commercial sexual exploitation, including trafficking; female genital mutilation; honour killings; violations of their right to freedom of speech, religion and belief; their right to health and to reproductive health in particular; to education and to vote and be elected.

These inequalities and violations of human rights are not only profoundly unjust, they also represent barriers to development and democracy. In our efforts to achieve the Millennium Development Goals the CEDAW, as well as the Beijing Platform for Action and Beijing +5, must be acknowledged as clear benchmarks for sustainable development.

Violence against women generates a magnitude of consequences. In her report to this years CHR the Special Rapporteur on Violence against Women focuses on women suffering from HIV/AIDS and the gender challenges the HIV/AIDS pandemic faces us with. Norway has studied her report with great interest. The Special Rapporteur points to the need to create integrated and effective responses dealing with the close links between the pandemic of HIV/AIDS and violence against women. A lack of respect for women’s human rights both fuels HIV/AIDS and exacerbates its impact.

Time and again we see women specifically targeted during times of conflict, and gender based violence as a deliberate strategy of war seems to be on the rise. The Special Rapporteur on extrajudicial, summary or arbitrary executions in his report before the CHR presents a list which reveals that violations of the right to life of women takes place in a number of countries across the world. Similarly, the working group on Enforced or Involuntary Disappearances reports that women in some countries have been increasingly the target of enforced disappearances.

The plight of women in armed conflict and post-conflict situations is a matter of particular interest to Norway. Security Council resolution 1325 was adopted unanimously five years ago. Let us redouble our efforts to implement its provisions. Women must be empowered to be able to participate successfully in conflict prevention, conflict resolution and implementation of peace accords.

• 8 April 2005. Item 3: Situation of human rights in Sudan. Statement by H. E. Wegger Chr. Strømmen, Ambassador, Permanent Mission of Norway

Mr. Chairman,

The Human Rights situation in Sudan has been high on the agenda of the Human Rights Commission for more than a decade. Previous reports of the Special Rapporteurs have on a yearly basis documented grave violations of human rights in Southern Sudan as a result of the civil war between the Government and the SPLM/A.

In this light, Norway views the signing of the Comprehensive Peace Agreement between the Government of Sudan and the SPLM as a historic step forward in order to prevent further violations of human rights and international humanitarian law in Sudan.

Norway is, however, deeply concerned about the critical situation in Darfur, in particular the lack of security and protection for the civilian population. We support the involvement of the UN Security Council through its timely and constructive resolutions, and the commendable efforts made by the African Union in the deployment of an international protection force as well as its continued commitment to play a key role in facilitating a resolution to the conflict.

Norway will early next week host a Donor’s Conference in Oslo to rally wide international support to the implementation of the Comprehensive Peace Agreement. We believe that the CPA provides the framework for peace in the entire Sudan, including in Darfur and in the East, and that strong international support to the implementation of the CPA is key in order to achieve this goal.

Thank you.

• 8 April 2005. Item 13: Rights of the Child. H. E. Wegger Chr. Strømmen, Ambassador, Permanent Mission of Norway

Armed conflicts represent extreme dangers to children and severely hamper the promotion and protection of the rights of the child.

Norway is deeply concerned about the continuous reports of large-scale abuse and violence against children in armed conflict, including killing and maiming of children, the recruitment and use of child soldiers, and sexual violence against children.

Through many years of consistent work we have established a comprehensive set of norms, including the Convention on the Rights of the Child, ratified by 192 States. The Convention and its protocols form an effective basis for our common efforts to protect the life, rights and health of children. It is now vital that these norms are being implemented through concerted efforts of all parties concerned.

Norway has carefully studied the report of the Special Representative of the Secretary General for Children and Armed Conflicts. We welcome the proposed action plan for the establishment of a monitoring, reporting and compliance mechanism. The mechanism should be established as soon as possible. We must put an end to impunity for those who abuse children and we must establish viable, effective protection.

Allowing and enabling both girls and boys to actively take part in the rebuilding of society is crucial to sustain a peaceful development. Particular priority should be given to supporting and strengthening national and civil society institutions that protect and rehabilitate children in conflict and post-conflict situations. Community reintegration activities for children must be supported, taking into account the specific needs of girls and boys of all ages. We acknowledge the crucial role played by NGOs and civil society organisations in this regard.

Norway is pleased to note developments towards world wide recognition of the need to put an end to child executions, as laid down inter alia in the Convention on the Rights of the Child. Death penalty is an irreversible denial of human rights. We must never accept that children are denied their fundamental right to life.

Norway welcomes the progress report of the Secretary-General on the study on the question of violence against children. We support the participation of children in the study, as encouraged by the General Assembly.

More generally, Norway considers it crucial to give children the possibility to actively participate in the conditions governing their lives and their future. We must make use of their unique capabilities and resources.

• 11 April 2005. Item 15 Indigenous Issues. Statement by Lars Sigurd Valvatne. Senior Adviser, Ministry of Foreign Affairs

Mr Chairman,

I have the honour to address the Commission on behalf of Denmark, Finland, Iceland and Sweden in addition to my own country, Norway. I am also pleased to inform that Estonia has associated itself with this statement.

We have just entered the first year of the Second International Decade of the World’s Indigenous People.

The first decade, which was initiated by the World Conference on Human Rights in 1993, had two major goals: to finalise a UN declaration on the rights of indigenous peoples, and to establish a permanent forum for indigenous issues within the UN system. Another important aim was to raise the awareness of indigenous issues within the UN and among the countries of the world and strengthen international cooperation in order to find solutions to problems faced by indigenous peoples.

Though we have succeeded in reaching the goal of establishing the Permanent Forum, we have not yet managed to adopt a UN declaration on the rights of the world’s indigenous peoples. Discussions and negotiations over the years have, however, brought us much closer to the goal of adopting such a declaration. It is therefore important that we do not lose momentum in this process. It is essential for this Commission to renew the mandate of the Working Group that is elaborating a draft declaration. The Nordic countries, together with New Zealand, Switzerland and Estonia, presented a comprehensive amended text at the last session of the working group, a draft that we hope will bring the process forward. I would like to express our delegations’ full commitment to working towards the adoption of a UN declaration as soon as possible.

It is crucial that a declaration has the backing of both governments and indigenous peoples. Like governments, indigenous peoples have different priorities and interests. For a declaration on the human rights and fundamental freedoms of indigenous peoples to have any value, it is necessary that it has the broadest possible support amongst indigenous groups and peoples. Our delegations believe that the process of drafting a declaration should aim at finding the best possible result. We will probably never reach our goal if every government and group demands that all their interests be taken on board.

Mr Chairman,

The Permanent Forum has proven its value as a coordinating and action-oriented organ consisting of an equal number of government experts and representatives of indigenous peoples serving on an equal footing. In addition, the existence of such a forum has made the world organisation and its member states more aware of issues relating to indigenous peoples.

Over the past four years, the Forum has played a unique interactive role in gathering the views of different parties and successfully acted as a catalyst and adviser for the UN system as a whole. At the third session, we were particularly pleased to note the high degree of interest shown by UN agencies and the World Bank. Within a short period of time, the Permanent Forum has established itself as the key forum and focal point for indigenous issues within the UN system. We firmly believe it will continue to further enhance that role in the future, and look forward to its fourth session this coming May.

Regrettably, indigenous peoples around the world remain among the most marginalised groups in their countries. Dispossession of their lands and resources remains a major source of indigenous peoples’ impoverishment. One of the UN Millennium Development Goals, to which all States are committed, is the eradication of poverty. Indigenous peoples need to have a real say in the way their traditional lands are administered.

Mr Chairman,

The Under-Secretary-General for Economic and Social Affairs has been appointed as the co-ordinator for the Second Decade of the World’s Indigenous people. Given the fact that the goal of the Second Decade corresponds to those of the Permanent Forum it would appear natural to incorporate the work programme of the Forum into the programme of action of the Decade relating to economic and social development, culture, the environment, education, health and human rights. Focus should be on implementation and on the full participation of indigenous peoples in realizing the goals of the programme.

Mr Chairman,

I would like to take this opportunity to congratulate the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples, Mr Rodolfo Stavenhagen, for his tireless efforts. We would like to reiterate the invitation to the Special Rapporteur to visit our countries to examine the situation of indigenous peoples.

Our delegations welcome the Special Rapporteur’s focus on education in his report to this Commission. Education is a fundamental and important human right, and can help indigenous peoples to extricate themselves from marginalisation and poverty. Education should not be used as a tool to weaken the attachment of indigenous populations to their own traditions and culture by forcibly assimilating them into an environment that is alien to them. In addition to preparing children for their adult life, education should strongly emphasise the importance and inherited knowledge of indigenous cultures.

Education on indigenous issues should also be carried out among the general population. Imparting knowledge of the cultures of indigenous peoples is an important means of fostering a broader understanding of indigenous issues and will hopefully help to counter stereotypical images and prejudices of other groups.

Finally Mr. Chairman, we would like to express our support to the launching during this Commission of the report on the Human Rights situation of Indigenous Peoples in Africa, co-published by the African Commission on Human and Peoples’ Rights and the International Work Group for Indigenous Affairs, IWGIA. This report and the recognition by the African Commission on Human and Peoples Rights of the existence of indigenous peoples in Africa mark a very important step towards increased awareness of the situation of indigenous peoples. Awareness of the fact that indigenous peoples are confronted with particular human rights problems constitutes in itself an essential step towards finding solutions to the problems encountered.

• 12 April 2005. Item 14 (c). Specific groups and individuals mass exoduses and displaced persons. (On behalf of the Nordic Countries). Statement by Ms Astrid Helle Ajamay, Minister Counsellor, Permanent Mission of Norway

Mr. Chairman,

I am pleased to speak on behalf of the Nordic countries – Denmark, Finland, Iceland, Sweden and my own, Norway.

We would like to express our appreciation to Dr. Walter Kälin for his first report to this Commission as Representative of the Secretary-General on the human rights of internally displaced persons. His report is both informative and reflective. The Nordic countries agree with Dr. Kälin’s approach to his mandate; he needs to ensure continuity of Dr. Francis Deng’s work while calling more attention to the protection of the human rights of the internally displaced.

Keeping in mind the fact that the primary responsibility for the protection and assistance of IDPs lies with their own State, we regret to observe that too many States still fail to meet this responsibility. We value the progress made in recent years in conceptualizing protection for IDPs and obtaining acceptance of and commitment to the Guiding Principles on Internal Displacement by an ever growing number of States. While supporting the UN Secretary-General’s appeal in his recent report on UN reform to Member States to accept, promote, and live by these principles, we think the time has come to especially emphasize the latter part of his appeal. The Nordic countries remain very concerned that the actual implementation on the ground of the Guiding Principles leaves a lot to be desired.

Dr. Kälin attempts in his report to further clarify the meaning and challenges of “protection”. This is interesting both from an academic point of view and in its practical implications. In welcoming the renewed focus on the protection needs of the internally displaced on the ground, we express our hope that Dr. Kälin’s analytical approach to the various categories of an integral concept of protection needs will be helpful in the design of appropriate laws and policies for the governments facing actual or potential situations of internal displacement on their territory.

As far as the international response to the plight of the IDPs is concerned, the Nordic countries maintain the view that tangible improvements are urgently needed to fill the protection gap, which continues to be our foremost concern. We will continue to support efforts to improve the plight of the internally displaced and the work of the United Nations and NGOs in this respect, especially Dr. Kälin’s mandate, the OCHA’s Internal Displacement Division, and the valuable and pioneering role played by the Norwegian Refugee Council and its Global IDP Project.

As always, we emphasize the need for a dedicated cooperation and a close coordination among the various actors involved, for the sake of efficiency and for best results for the IDPs. Thus we welcome the Memorandum of Understanding entered into last November by the Special Representative, OCHA and NRC, which provides for a division of labour between them.

Moreover, we encourage the UN Secretary-General to continue to strengthen the inter-agency response to the needs of IDPs, as proposed in his “In Larger Freedom” report. We appreciate the central leadership of the Emergency Relief Coordinator towards this end, and are open to discussing a stronger role for the humanitarian coordinators. In our view, there is still substantial room for improvement of the so-called collaborative approach.

In closing, Mr. Chairman, it is regrettable that the internally displaced have mostly been viewed as victims in need of protection and assistance ever since they became an object of international diplomacy. In focusing the Commission’s attention on the human rights aspects of internal displacement, we also need to bear in mind the unused human potential of the IDPs. We realize, however, that as long as the world does not succeed even in reversing “the growing problem of internally displaced persons", to use the UN Secretary-General’s phrase in his reform report, the protection and assistance challenges must be vigorously pursued. This Commission must be in the forefront of these efforts.

• 13 April 2005. Item 3 Situation of Human Rights in Colombia. Statement by H. E. Wegger Chr. Strømmen, Ambassador, Permanent Mission of Norway

We would like to thank the High Commissioner for the report on the human rights situation in Colombia, and to express Norway’s appreciation for the important work being done by the High Commissioner’s offices in Bogotá and throughout the country.

The report provides a very useful and comprehensive review of the human rights situation in the country. We note that good channels of communication have been established between the office of the High Commissioner and the government of Colombia, and stress the importance of keeping these lines open.

The situation regarding human rights in Colombia continues to be critical. The report points out that government agencies in 2004 have shown more interest than earlier in following up the High Commissioners recommendations. An active engagement with regard to these recommendations is essential for improving the human rights situation in Colombia. Unfortunately, the report also points out that government efforts have been sporadic, and characterised by delays and lost opportunities. It is the civilian population that bears the brunt of the suffering from human rights abuses, and the government must significantly fortify their efforts if there is to be a solution to this humanitarian crisis.

The government’s human rights and international humanitarian law policies are of course strongly influenced by its “democratic security” policy. While we understand that the aim of this policy is to consolidate the rule of law and guarantee people’s safety, we note that there are inconsistencies between policy objectives and the end-results for the civilian population. The ultimate success of this policy can only be measured in relation to how the population in general, and vulnerable groups in particular, are affected. We are deeply concerned about the safety of human rights defenders, including journalists, unionists, political leaders and other activists. We would urge the Colombian government to ensure that any measures taken to combat terrorist acts be in accordance with its obligations under international law.

We are also concerned that the irregular armed groups, operating on or outside the margins of the law, continue to disregard the High Commissioner’s recommendations aimed towards them. These illegal groups continue to engage in grave violations of international humanitarian law, and are demonstrating a complete lack of respect for human rights. We call upon these groups to immediately and unconditionally release all hostages and kidnapped persons. We also urge a halt to the appalling practice of recruiting children for armed combat.

A speedy resumption of the political negotiating process is imperative. In doing so, human rights and international law must at the outset represent a basis for the process. The fundamental principles of truth, justice and reparation for victims must be guaranteed.

In Cartegena recently, the international community reaffirmed its commitment to the London Declaration of July 2003 which supports Colombia in its efforts to find a negotiated solution to the armed conflict based on the implementation of the recommendations of the High Commissioner for Human Rights, and on effective action against impunity and the collusion of public servants with illegal armed groups. We reiterate our support to Colombian authorities, and the High Commissioner's office, towards achieving these goals.

• 15 April 2005. Item 17b Promotion and Protection of Human Rights, “Human Rights Defenders”. Statement by H. E. Wegger Chr. Strømmen, Ambassador, Permanent Mission of Norway

Mr Chairman,

The Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognised Human Rights and Fundamental Freedoms, the “Human Rights Defenders Declaration” was adopted by consensus by the General Assembly seven years ago. The Declaration was an acknowledgement by the international community of the indispensability of the work of human rights defenders. In adopting the declaration, states confirmed that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels”.

Human rights defenders contribute to the promotion and protection of all human rights and fundamental freedoms. They promote justice, human dignity and the rule of law. They give a vaile to victims in environments of widespread human rights abuse. By doing so, they also enhance international peace and security, and help to combat terrorism at its very root. We cannot build peace and security without respect for human rights. Human rights defenders need our support.

We welcome the fifth report to the Commission on Human Rights presented by the Special Representative of the Secretary General on Human Rights Defenders, Ms Hina Jilani. We would like to thank the Special Representative for highlighting particular aspects and trends that merit our special concern and attention. Those who on a daily basis fight for the respect of human rights are putting themselves and their families in danger and are faced with threats, harassment and human rights violations. We are gravely concerned about the increase in the number of reports of serious human rights abuses against different groups of defenders and their relatives – especially what the Special Representative describes as a shift towards more grave violations such as killings. We are also disturbed by the increasing restrictions imposed by some States on the freedom of opinion and association – especially the restrictive and often very cumbersome legislation regulating the creation and operations of non-governmental organisations. States should also be aware article 13 in the Declaration confirming the right to solicit, receive and utilise resources for the promoting and protecting of human rights and fundamental freedoms.

Mr Chairman,

It is most encouraging that so many governments support the mandate of the Special Representative. This support must be translated into practical commitments and the Special Representative given access and receive the full cooperation and support of all governments. One of the messages from Ms Jilani is that governments need to increase their tolerance of criticism. Openness and dialogue with human rights groups is not a sign of weakness of governments. It is, on the contrary, a sign of strength and dynamics that may lead to better promotion and protection of human rights and the improvement of the situation of those who, tirelessly and often at great personal risk, still have the courage to work to improve the respect for human rights all over the world.

• 20 April 2005. Introduction of draft resolution on Human Rights Defenders (L.85). Item 17 Mr. Per Ivar Lied, First Secretary

Mr. Chairman,

It is my honour to present draft resolution L.85 on Human Rights Defenders on behalf of more than 70 cosponsors. This very broad support is an acknowledgement by the international community of the importance of the work of human rights defenders.

The resolution emphasizes the important role that individuals and non-governmental organisations play in the promotion and protection of human rights and fundamental freedoms, including in combating impunity, promoting access to justice and to information and public participation in decision-making, and promoting, strengthening and preserving democracy, peace and security.

The resolution acknowledges the significant work conducted by the Special Representative of the Secretary-General on Human Rights Defenders, Ms. Hina Jilani, and welcomes the reports she has submitted to the Commission on Human Rights. Her mandate and her work have given visibility to the difficult situation of human rights defenders all over the world. The resolution expresses concern that, in many countries, persons and organisations engaged in promoting and defending human rights and fundamental freedoms are facing threats, harassment and insecurity as a result of those activities. It further expresses concern on the increase in especially grave violations, such as killings.

States are urged to ensure that any measures to combat terrorism and preserve national security comply with their obligations under international law, in particular under international human rights law, and do not hinder the work and safety of human rights defenders. It also calls upon states to ensure, protect and respect the freedom of expression and association of human rights defenders.

Moreover, the resolution urges all Governments to cooperate with and assist the Special Representative in the performance of her tasks and to furnish all information for the fulfilment of her mandate upon request. It encourages all Governments to promptly investigate urgent appeals and allegations brought to their attention by the Special Representative and to take timely action to prevent violations of the rights of human rights defenders, and to promote awareness and training in regard to the Declaration.

Mr Chairman,

The Norwegian delegation would like to thank all of our distinguished colleagues who have participated in the informal consultations that have been held on the draft text or have given their comments to the draft resolution bilaterally.

It is the hope of the co-sponsors that the draft resolution on Human Rights Defenders can be adopted without a vote, as has been traditionally the case.

Thank you.

• 22 March 2005. Item 7 Right to Development. Statement by Alphonse Berns, Ambassador of Luxembourg on behalf of EU

Mr Chairman,

I have the honour of speaking on behalf of the European Union.

The Acceding Countries Bulgaria and Romania, the Candidate Countries Turkey and Croatia 1Croatia continues to be part of the Stabilisation and Association Process., the Countries of the Stabilisation and Association Process and potential candidates Albania, Bosnia and Herzegovina, the Former Yugoslav Republic of Macedonia, Serbia and Montenegro, and the EFTA countries Iceland and Norway, members of the European Economic Area, align themselves with this declaration .

The European Union reiterates its commitment to the right to development as set out in the Vienna Declaration and Programme of Action. We believe that human beings are central to the process of development, of which they are not only the beneficiaries but in which they must be actively involved as players.

Respect for human rights is a prerequisite for effective and sustainable development policies and thus contributes to the fight against poverty, inter alia through the free expression of the will of individuals and their involvement in the conduct of public affairs. Fundamental principles such as equality, equity, non-discrimination, transparency, accountability and participation are the central elements of an approach based on human rights for ensuring development. Particular attention must be given to full participation in the development process by marginalised and disadvantaged groups. The European Union also notes the importance of women's rights in the context of the right to development and it considers that the principle of equality between the sexes should be applied as a cross-cutting issue. The European Union would further stress the important role of civil society and non-governmental organisations.

States must also fulfil their legal obligations as regards respect for human rights, including the right to development. The European Union has long emphasised the importance of good governance, the rule of law, democracy, action against corruption and a sound national economic environment in order to ensure development. These links are nowadays being increasingly acknowledged and accepted in the most advanced development programmes such as NEPAD – an initiative that has the European Union's full support.

The European Union also recognises the importance of international cooperation for creating conditions favourable to development. The European Union's commitment to the right to development is expressed through the development cooperation partnerships and agreements that we have established with countries throughout the world. The Cotonou Partnership Agreement between the European Union and the African, Caribbean and Pacific countries represents a practical contribution to the fight against poverty and to the implementation of the right to development. The European Union and its Member States together account for nearly half of all international development aid, attaching particular importance to aid for the least advanced countries.

While recognising the importance of international cooperation, we wish to point out the voluntary nature of the partnerships that we conclude at the international level. The European Union considers that a legally binding international instrument is not a viable option for implementing the right to development. Development partnerships are – and must be – based on mutual commitments subscribed to by both parties. We, however, believe it would be wise to look at other options for furthering international cooperation in favour of development. We should draw on the body of knowledge that is developing within the international community concerning the best ways of dealing with the integration of the right to development – which in turn requires the integration of all human rights – into development policies and programmes.

Mr Chairman,

We wish to thank the Office of the High Commissioner for Human Rights for its report. It provides a detailed overview of activities on implementing the right to development.

The European Union supports the efforts of the High Commissioner's Office to promote the integration of the right to development, and all the other human rights, into the whole system of the United Nations. We especially welcome the emphasis placed on the work done by the United Nations at national level in accordance with "Action 2" aimed at supporting the efforts of Member States wishing to create national systems for promoting and protecting human rights. We welcome the international approach within the teams of countries making human rights an integral part of humanitarian action and development at national level. We urge all parties concerned to continue their efforts to implement this action plan.

The European Union supports the work done by the High Commissioner's Office concerning an approach to poverty-reduction strategies based on human rights. The European Union also welcomes the importance attached to women's rights in the course of the OHCHR's work. It is essential for ensuring development that women's rights should be respected and integrated into the decision-making processes and economic life.

We welcome the fact that the Office is represented on the Secretary General's Millennium Project. It is vital that the UN has this system-wide strategy to implement the Millennium Development Goals, with which human rights have such a strong reciprocal relationship. We look forward to seeing the publication, on which the High Commission continues to work, aimed at clarifying the links between human rights and the MDG. We fully support the Working Party's recommendation that the UNHCHR produce a document contrasting and comparing the MDG with the provisions of international human rights instruments, also taking account of the work of the treaty bodies and the special procedures. Such a document would be of real benefit to development practitioners and would contribute substantially to the implementation of the Right to Development, with principles such as transparency, participation, empowerment and equality having great relevance to the attainment of MDG.

Mr Chairman,

As a means to bring forward the right to development, we fully support the approach that involves moving from the general to the specific and from the theoretical to the practical. It is precisely for that reason that the European Union welcomes the creation of the High-Level Task Force. Any initiative of this kind needs sufficient time to become established and produce maximum added value. Despite the short time available for preparation this year, the Task Force has succeeded in conducting a serious and in-depth analysis of the subjects proposed. This very positive start has provided us with a good basis for continuing to involve development practitioners in a constructive way in the future. We support the Group's recommendation that the Task Force's mandate be extended for one year. The European Union is ready to cooperate with the Task Force in order to guarantee that some of the factors we regard as essential for ensuring a sustainable development process are included in its future work.

The European Union is pleased that it was possible for the Working Group to arrive at a consensus at its 6th Session. We would like to express our gratitude to the Mr Salama, the Chairman of the Working Group, for his contribution in that regard. We would also like to thank all delegations and regional groups, in particular NAM, for collaborating in a constructive way in the Working Group's discussions. It is true that all the delegations have had to make compromises that were sometimes painful in order to arrive at a consensus document. The Working Group's deliberations thus made it possible to determine the limits of what is acceptable to all parties. On that basis the European Union hopes that the constructive spirit and consensual approach shown by the Working Group will also prevail in our consultations on the Resolution on the Right to Development presented at this session of the Commission.

Thank you.

• 15 April 2005. Item 17 Sexual orientation. Statement by Tim Caughley, Ambassador of New Zealand

I have the honour to make this statement on behalf of Andorra, Argentina, Austria, Belgium, Canada, Chile, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Guatemala, Iceland, Ireland, Luxembourg, Mexico, New Zealand, Netherlands, Norway, Portugal, Republic of Korea, Romania, Slovenia, Spain, Sweden, Switzerland, the United Kingdom of Great Britain and Northern Ireland, Uruguay and Venezuela.

It has been sixty years since the Universal Declaration of Human Rights first set down that all human beings are equal in dignity, in rights and in freedoms, without distinction of any kind. Over the past decade, the Human Rights Committee, the Committee on Economic, Cultural and Social Rights and the Committee on the Rights of the Child have all found that sexual orientation should be understood to be a status protected against discrimination. And, it has been two years since Brazil first tabled their draft resolution at this Commission seeking to condemn discrimination on the basis of sexual orientation.

Mr Chairman, we deeply regret that this Commission is still not ready to address that resolution today. We cannot ignore the mounting evidence of serious human rights violations against individuals on the basis of their sexual orientation, reported by the human rights treaty bodies and the Commission’s special procedures. It is beyond any doubt that in all too many parts of the world, individuals are being deprived of their rights to life, to health and to freedom from torture and violence. These human rights violations have been brought to our attention, and we must respond. To remain silent, is to condone some of the worst forms of discrimination.

Sexual orientation is a fundamental aspect of every individual’s identity and an immutable part of self. It is contrary to human dignity to force an individual to change their sexual orientation, or to discriminate against them on this basis. And, it is repugnant for the State to tolerate violence against individuals. All States must exercise due diligence to prevent, investigate, prosecute and punish the perpetrators of violence committed against individuals because of their sexual orientation. We fully support, therefore, the Nordic resolution on Extra-Judicial, Summary and Arbitrary Executions that established that killings of individuals because of their sexual orientation is a human rights violation.

Mr Chairman, we recognise that sexuality is a sensitive and complex issue. But, we are not prepared to compromise on the principle that all people are equal in dignity, rights and freedoms. This Commission must uphold the principle of non-discrimination. We urge all States to recognise this common ground and to participate in debate. We hope this Commission will not be silent for too much longer.

• 29 April 2005. Item 10 Economic, social and culural rights. Statement by Alphonse Berns, Ambassador Luxembourg on behalf of EU

Mr Chairman,

I have the honour of speaking on behalf of the European Union.

The Acceding Countries Bulgaria and Romania, the Candidate Countries Turkey and Croatia 2Croatia continues to be part of the Stabilisation and Association Process., the Countries of the Stabilisation and Association Process and potential candidates Albania, Bosnia and Herzegovina, the Former Yugoslav Republic of Macedonia, Serbia and Montenegro, and the EFTA country Norway, member of the European Economic Area, align themselves with this declaration.

The European Union reaffirms its commitment to the promotion and protection of economic, social and cultural rights. We believe that efforts towards the realisation of those rights are part of the more general action for the promotion and protection of human rights. A principle clearly established by the Vienna Declaration and Programme of Action is that all human rights are universal, indivisible, interdependent and interrelated. Hence equal importance must be given to civil and political rights as well as economic, social and cultural rights.

The European Union welcomes the ratification by 150 States of the International Covenant on Economic, Social, and Cultural Rights and urges the States that have not yet acceded to it to do so. Most of the rights set forth in the Covenant are to be realised gradually. However, the States Parties have undertaken to move as expeditiously and efficiently as possible towards the full realisation of these rights. Moreover, the Committee on Economic, Social and Cultural Rights has set out its view in its General Comment No 3 that, "even where the available resources are demonstrably inadequate, the obligation remains for a State Party to strive to ensure the widest possible enjoyment of the relevant rights under prevailing circumstances." Furthermore, certain provisions in the Covenant must be fully implemented without delay, including those on equality, non‑discrimination, trade union rights, working conditions, primary education and freedom of scientific research.

The Committee on Economic, Social and Cultural Rights notes that the rights embodied in the ICESCR give rise to corresponding obligations on the part of States, which it describes as the obligations to respect, protect and fulfil. The obligation to respect requires States parties to refrain from certain practices, whereas the obligation to protect requires them to take legal and other steps to protect the rights from interference by third parties. The obligation to fulfil requires States parties to actively engage in activities towards the realisation of economic, social and cultural rights. The obligations to respect and protect are generally of immediate application and require few, if any resources. Obligations to fulfil are frequently of a progressive nature and their realisation is to a considerable degree dependent on existing resource constraints.

The European Union believes that States should ensure, in accordance with their international human rights obligations, that all individuals, including human rights defenders, are accorded due protection under the law and that due process is guaranteed in all legal proceedings. States should also ensure non-discriminatory access to legal procedures and mechanisms for all, so that individuals can assert their human rights and other rights under national and municipal law and thereby better exercise their economic, social and cultural rights.

The European Union emphasises that good governance is fundamental to ensuring sustained economic growth, the eradication of poverty and the realisation of economic, social and cultural rights. It is exemplified, in particular, by sound economic policies, solid democratic institutions, respect for the rule of law and a transparent decision-making process that is responsive to the needs of the people. Experience has shown that economic growth and sustainable development are more likely to be stimulated in societies where the rule of law and the right of individuals to dispose freely of their property are respected. Experience has also shown that, where there are no State measures to this end, there is more likely to be a decline involving the denial of economic, social and cultural rights and violations of civil and political rights.

Mr Chairman,

The Committee on Economic, Social and Cultural Rights plays an important role in developing an understanding of the nature and content of the rights enshrined in the Covenant, thereby assisting States Parties in the fulfilment of their obligations. The European Union therefore urges all States Parties to cooperate with the Committee. The European Union welcomes the initiatives taken to increase interaction between the Committee and the other players involved, including the relevant special procedures and working groups of the Commission and UN specialised agencies and programmes.

The European Union supports the High Commissioner in her efforts to assist the Committee. It also encourages her to develop the research and analysis capacities of her Office in the field of economic, social and cultural rights. It supports the OHCHR's technical cooperation activities in this matter and all the efforts to mainstream such rights within the activities of UN specialised agencies, UN programmes and funds, and international financial institutions.

The European Union welcomes the progress made at the second session of the Working Group set up to consider the options regarding the drafting of an optional protocol to the ICESCR. We welcome the constructive and fruitful debate to which the meeting gave rise, especially the interactive discussions with the various experts. The European Union is of the view that any discussion on a mechanism for individual complaints should draw upon clear legal guidance that takes into account the obligations of States Parties with regard to economic, social and cultural rights. We support the drawing up by the Chairwoman of the Working Group of a document to enable more targeted discussions at the next session and we would point out that such a document should present a non-discretionary analysis of all the various options concerning the points which the Working Group's report identifies for inclusion in an optional protocol.

Mr Chairman,

Poverty eradication and the full enjoyment of economic, social and cultural rights are interrelated goals. The European Union reiterates its commitment to the implementation of the Millennium Development Goals, including the halving of the proportion of people whose income is less than one dollar a day. Respect for human rights, as an essential factor for social cohesion, sets the foundation for any policy to effectively combat social exclusion and poverty. In this connection, the European Union would like to emphasise the need for a better understanding of the links between poverty and discrimination on various grounds, such as race, colour, sex, language, religion, political or any other opinion, national or social origin, property, birth, disability or any other criterion. It has to be underlined that discrimination against women is a major obstacle to the eradication of poverty. The European Union thus affirms the need to promote gender equality and women's education as among the effective means to combat poverty, hunger and disease, while stimulating sustainable development.

Extreme poverty is an issue that affects all countries, especially those which aspire to development. Where an individual is beset by manifold insecurities for a prolonged period, the obstacles he encounters to the exercise of his human rights are no longer a matter of income. The various discussions taking place on this complex issue, within the Sub-Commission and in the context of the Special Rapporteur's mandate, may help us to find ways to reach people living in extreme poverty and involve them in the preparation of policies that enable them to enjoy their rights and exercise their responsibilities in society.

The European Union regards hunger as an affront to human dignity. States must take all appropriate measures, individually and through international cooperation, to protect and promote the right to adequate food as well as providing access to clean drinking water. Human rights standards are an essential part of any food security strategy. They empower individuals and civil society to demand that their governments devise policies that address their specific needs, while ensuring the accountability and transparency of government and state decision‑making processes in the implementation of such policies. Respect for the human rights of people affected by hunger and malnutrition also contributes positively to the local ownership of food security strategies.

The European Union welcomes the adoption by the Committee on World Food Security of the set of voluntary guidelines to support the progressive realisation of the right to adequate food in the context of national food security. These guidelines will make a very useful contribution to the implementation of the right to food, demonstrating how to integrate a human-rights based approach in the activities of States, UN bodies and civil society.

Mr Chairman,

The European Union welcomes the progress made in realising the right to adequate housing. The European Union regards the work done by the Special Rapporteur on the nature of States' obligations in relation to this right as a useful contribution to elucidating the complex legal and practical issues involved. The European Union encourages the Special Rapporteur to take full account of these issues in preparing his recommendations, and recognises his efforts to continue to pay attention to various emerging issues, including those relating to water and sanitation (among other elements in the realisation of the right to adequate housing) and to the gender inequalities arising in this connection.

Education, including human rights education, plays a vital role in poverty eradication, preventing conflict and violence, fighting discrimination and promoting gender equality, and contributes to the enjoyment of all other human rights. The European Union urges States to take all measures, including legal measures, to eliminate obstacles to the realisation of the right to education. The European Union supports the work of the Special Rapporteur on the right to education and urges all States to cooperate with her.

The European Union welcomes the efforts undertaken within the UN system to promote the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. The European Union encourages the Special Rapporteur on the right to health to continue his task and calls on governments and the relevant UN agencies, funds and programmes to cooperate with him in the exercise of his mandate.

In conclusion, Mr. Chairman, the European Union reaffirms its commitment to cooperating with others in ensuring an effective role for the Commission as regards the realisation of economic, social and cultural rights.

Thank you.

• 18 April 2005. Item 18 Effective Functioning of the Human Rights Mechanisms.Statement by Estonia

Mr Chairman,

On behalf of the Nordic and Baltic countries: Denmark, Finland, Iceland, Latvia, Lithuania, Norway, Sweden and my own country Estonia, I have the honour to address the agenda item 18 on effective functioning of human rights mechanisms.

In this statement we will focus on two aspects of this agenda item, namely national human rights institutions and treaty bodies.

Irrespective of their precise form and functions, national human rights
institutions are crucial national level actors in promoting and protecting human rights. In those countries where such institutions operate, these institutions are at the core of the implementation of human rights.

The Commission on Human Rights is the principal governmental human
rights body of the United Nations Organization. All actors working in the field of human rights can participate actively and constructively in the Commission's work. National human rights institutions should contribute fully in the Commission's work as well. We should find ways to facilitate their input in the work of the Commission on Human Rights so that the Commission could take advantage of the work carried out by national human rights institutions and benefit from their considerable knowledge and expertise.

We welcome the Secretary-General's proposal to strengthen the participation of national human rights institutions at the Commission on Human Rights. By allowing national human rights institutions, which are in compliance with the Paris Principles to address the Commission under the relevant agenda items instead of only under one, would surely be beneficial. The information provided by these institutions on a wide range of national particularities and practical experiences of implementation or non-implementation of human rights norms within their own countries would no doubt contribute to focus the work of the Commission on national implementation.

It is our sincere belief that the expert knowledge and practical experience in a wide range of human rights issues that national human rights institutions possess will allow the Commission to enhance its efficiency in its endeavour of promoting and encouraging respect for human rights.

As has been pointed out by the Secretary General and the High Commissioner, we need to focus more in the implementation of our human rights obligations. Implementation proves often to be more demanding for the States Parties than adopting the standards in the first place.

In order to render the implementation of the human rights treaties efficient and transparent, the Nordic and Baltic countries consider the work of the treaty monitoring bodies absolutely vital. The number of the States Parties of the treaties is constantly rising as well as the burden and requirements to the treaty bodies. In that respect States should assist the treaty bodies by submitting their comprehensive country reports in time. Although there is the vital necessity to increase the level of funding to the treaty bodies, the financial resources of the High Commissioners Office remain scarce.

The Nordic and Baltic countries recognise with appreciation the efforts of the treaty bodies themselves as well as of the OHCHR in this regard. We emphasise the need to increase the effectiveness of the monitoring bodies and to streamline the reporting process. We support the introduction of an expanded core document common to all treaty bodies with more selective specific reports to each of them. This would considerably simplify the preparation of the reports by States Parties and would have a positive effect on the elimination of the backlog of the treaty monitoring bodies as the reporting procedure becomes more focused. A common expanded core document would also improve coordination between different monitoring bodies. At the same time we need to be cautious not to expand the guidelines for the core document to an extent beyond the capabilities of the States Parties.

We encourage the treaty bodies to further their coordination by expeditiously harmonizing their working methods and adopting guidelines on that issue

The reports submitted by the States to the treaty bodies should be considered without delays for the information to be up to date and usable during the examination by the respective treaty body.

The Nordic and Baltic countries welcome the new pattern to address list of issues to the States Parties before presentation of the report. This practice focuses the discussions during the sessions, helps States to be better prepared and speeds up the consideration of reports.

We welcome the follow-up efforts by the High Commissioners Office at the national level of the final conclusions and recommendations of the treaty bodies. Organizing seminars in the capitals as well as assisting on the spot the State authorities in the elaboration of reports through technical assistance are most helpful measures in order to foster the implementation of the human rights obligations of the States Parties.

• 18 April 2005. Item 18 Effective Functioning of the Human Rights Mechanisms. Statement by Canada

Mr. Chairman,

Canada, Australia, New Zealand and Norway, agree with the Secretary General that the era of declaration is now giving way to an era of implementation. Our remarkable achievements in producing a framework of human rights laws, standards and mechanisms must now be matched by an equal emphasis and commitment to their implementation.

At the heart of implementation of human rights are the human rights mechanisms – the special procedures, the treaty bodies, and national institutions.

As noted in the Secretary General's report of January 2005 on the Effective Functioning of the Human Rights Mechanisms, national institutions are "increasingly being recognised by the international community as mechanisms that are integral to ensuring respect for and effective implementation of international human rights standards at the national level". National Institutions play an important role as independent bodies that promote awareness of and respect for human rights within states, provide a forum for complaints of unlawful discrimination and report on human rights issues of major importance. National Institutions also have an important role to play at the international level, assisting in the development of human rights principles, good governance and human rights capacity building in their respective regions. We acknowledge the contribution of National Institutions to the work of this Commission and we seek to enhance their future role in this regard.

The Special Procedures of the Commission on Human Rights are vital to our efforts to advance human rights internationally. They are on the front lines of promoting and protecting human rights. We see a growing consensus that the time is ripe to work cooperatively to strengthen the effectiveness of the special procedures.

Let us capture this momentum. While there is a much focus on far-reaching reform of the UN and the Commission on Human Rights, larger reform discussions should not overtake long term strengthening of the Commission’s existing mechanisms.

This is not a new idea. The Secretary General’s Report of September 2002 entitled, “ Strengthening the United Nations: an Agenda for Change” highlighted in ”Action 4” the need to review the Special Procedures and made recommendations on enhancing their effectiveness and improving the support they receive. The Secretary General’s report recognized the challenges posed by the recent exponential growth in the number of special procedures; the lack of ground rules for their operation; the need to improve the quality of their reports and analyses; the inadequacy of resources to complete their work; and the need for greater Secretariat support. As a key stakeholder, we believe the OHCHR Secretariat must have a central role in efforts to enhance the effectiveness of the Special Procedures. We would welcome an update from the High Commissioner for Human Rights on the implementation of Action 4 to inform our discussions.

Mr. Chairman,

We welcome and encourage the renewed interest expressed by member States in strengthening the Special Procedures. We believe that important recommendations in the consensus report of the Inter-Sessional Open-Ended Working Group on enhancing the effectiveness of the mechanisms of the Commission on Human Rights of 2000 (E/CN.4/2000/112 as approved by CHR decision 2000/109) must serve as our starting point.

To carry out their mandates effectively, Special Procedures need to conduct country missions, need to request information, and need appropriate follow-up of their recommendations. In addition to States’ vital role in identifying challenges and possible solutions, States also need to look constructively at how to assist the Special Procedures in their work.

We challenge the Special Procedures to show leadership in looking critically and constructively at their own working methods. The mandate holders are well placed to identify practical steps to enhance their own effectiveness and to encourage better cooperation by States. The upcoming annual meeting of Special Procedures provides an important forum for launching a dialogue amongst the mandate holders themselves, sharing of best practices, ideas of innovation and reform, and suggestions for harmonization of working methods. The plan for an informal dialogue with States during this annual meeting is a welcome development.

Civil society has worked closely with the Special Procedures and actively supported them in the fulfillment of their mandates. We want to ensure that their voice is heard in our dialogue.

Mr. Chairman,

We have not attempted to identify the many challenges facing the Special Procedures today nor have we prescribed any solutions. Rather, we wish to set out our vision of the road forward. We must be aspirational in our discussions and build on the existing strengths in the system of Special Procedures. All interested stakeholders must be involved. Member states, Special Procedures mandate-holders, the OHCHR, NGOs, as well as other UN agencies must constructively engage in an exchange of views.

We have previously raised with this Commission the importance of reforming the Human Rights treaty bodies to ensure their effective functioning. While there is still some way to go, efforts by the treaty bodies, States, the Secretariat and civil society are making real improvements in the treaty body system. Our delegations believe that we can learn from these collaborative efforts that provide an excellent model for our cooperation to strengthen the Special Procedures.

Drawing from our experience in strengthening the treaty bodies, meaningful improvements need to be matured through a process of confidence-building and a gathering of consensus on new proposals. First we need to listen – to the concerns being expressed by States, to the challenges facing the Secretariat, to the ideas of civil society and to the expectations of the Special Procedures. We believe that an informal workshop or brainstorming bringing these stakeholders together could make a vital contribution to this effort.

Mr. Chairman,

Let us seize upon the current spirit of reform in the United Nations to strengthen the mechanisms of the Commission on Human Rights as a means of better implementing human rights.

Thank you.