03-11-1999 - Human Rights Questions and Implementation of Human Rights Instruments - Australian Permanent Mission to the United Nations

Australian Permanent Mission to the United Nations

New York

Permanent Mission address: 150 East 42 Street, Level 33, New York, New York 10017 - Telephone: 1 212 351 6600 - Fax: 1 212 351 6610

UNITED NATIONS GENERAL ASSEMBLY 54TH SESSION

Third Committee - Item 116(a): Human Rights Questions and Implementation of Human Rights Instruments

Statement by Mr Andrew Goledzinowski, Counsellor
on behalf of Australia, Canada, New Zealand and Norway

3 November 1999

Reform of the Human Rights Treaty Body System

Mr Chairman,

The end of the millennium provides us with many opportunities for reflection. One of the great achievements of the twentieth century has been the universal recognition that, in the words of the Universal Declaration of Human Rights "all human beings are born free and equal in dignity and rights." Sadly, this principle has not always been universally respected as violations of human rights of the most serious character continue to occur.

It is the duty of States to promote and protect all human rights and fundamental freedoms. A corollary of this is the acknowledgment by the community of nations that respect for human rights is a legitimate matter of international concern, and not the exclusive preserve of national governments.

The United Nations treaty body system contributes significantly and directly to the protection and promotion of human rights by monitoring implementation of the core human rights treaties; highlighting violations of these treaties and human rights standards; interpreting the rights and obligations contained in the treaties; and encouraging better implementation and compliance through advice to States.

The treaty monitoring system will continue to grow in influence as the system continues to mature and an ever increasing numbers of States become party to the major human rights instruments.

Nevertheless, the system is also coming under increasing strain. If not addressed, our Governments believe that these difficulties may jeopardise the effectiveness and credibility of the treaty bodies. These bodies are faced with increasing numbers of reports and communications to consider against a background of reduced or static resources.

In 1989, when Professor Phillip Alston submitted his first study on the functioning of the treaty bodies, 646 reports were overdue. In 1993, that number had increased to 714. He concluded that not only had non-reporting by States reached chronic proportions, but also that if all States were to fulfil their reporting obligations, the existing treaty body system would not have the capacity to process them. In 1997, when he presented his final report, the number of overdue reports had increased by a further 34% to 957. In 1999, 1,146 reports were overdue.

As with reports, the numbers of communications, particularly to the Human Rights Committee under the Optional Protocol to the International Covenant on Civil and Political Rights, is increasing. Recent correspondence from the High Commissioner for Human Rights noted that during the first three months of 1999, 300 new cases under the Optional Protocol were received. If this trend continued, there would be 2,523 pieces of correspondence this year alone and the average length of time taken to respond would be 36 months. Although there is currently no backlog of cases, the caseload of the Committee Against Torture is also increasing, as is that of the Committee for the Elimination of Racial Discrimination.

While some steps have been taken in implementing the recommendations for reform of the treaty body system suggested in Professor Alston's report to the Commission on Human Rights we, in company with other like-minded countries, feel that more could be done to further reform of the system so as to make it both more efficient and more effective.

In this regard, we welcome the efforts of the High Commissioner for Human Rights, who has commissioned a study on the treaty bodies. The results of this study are expected to be available this year.

We expect this study will provide valuable insights into the way forward for reform of the treaty body system, and provide further impetus for such reform. It is also important, however, that States work together to develop and promote their own ideas for constructive reforms to improve the effectiveness of the UN treaty monitoring system.

Mr Chairman.

We acknowledge the need for greater resources to be made available in order for the treaty body system to function more effectively. In particular, we welcome the increased allocation of funding to the Office of the High Commissioner for Human Rights to enable it to play its pivotal role as the coordination point for all the treaty bodies. However, increased funding needs to come from the core UN budget.

Given that future reforms of the treaty body system will take place in a climate of increasing budgetary constraint and fiscal tightening, strategies for reform need to involve not just the provision of more resources for the system but also ways of 'working smarter.' We welcome and encourage the efforts of the treaty bodies in this regard. In particular, the meetings of the Chairpersons of the treaty bodies have provided a valuable forum in which to exchange information, institute procedural reform and improve cooperation between the treaty bodies and other human rights mechanisms.

States themselves can also initiate useful reform measures. For example, some States are seeking to reduce the burden on the reporting system by producing shorter reports which focus on issues identified by the treaty bodies as being of particular concern. Another idea put to the Human Rights Committee in respect of communications, has been to consider the use of 'chambers' so as to reduce the overall amount of time taken to reach a final decision on a communication.

We also commend those States that have devoted resources to the establishment of bilateral cooperative training courses in countries that have identified a need for assistance in improving their capacity to report to treaty bodies.

It is important that States work in cooperation with United Nations agencies, the High Commissioner for Human Rights and the treaty bodies to bring about further improvements to the treaty monitoring system.

Mr Chairman.

We hope that the new century will realise the promise of the Universal Declaration of Human Rights and that we will see a world in which human rights are not only universally recognised, but universally respected. The more efficient and effective functioning of the treaty bodies would be an important contribution to the realisation of this hope.

Thank you