UN Human Rights Treaties

UNITED NATIONS
E
Economic and Social
Council
Distr.
GENERAL
E/CN.4/1996/8
14 August 1995
Original: ENGLISH
COMMISSION ON HUMAN RIGHTS
Fifty-second session
Item 9 (b) of the provisional agenda
FURTHER PROMOTION AND ENCOURAGEMENT OF HUMAN RIGHTS
AND FUNDAMENTAL FREEDOMS, INCLUDING THE QUESTION OF
THE PROGRAMME AND METHODS OF WORK OF THE COMMISSION
NATIONAL INSTITUTIONS FOR THE PROMOTION
AND PROTECTION OF HUMAN RIGHTS
Report of the third International Workshop on
National Institutions for the Promotion and
Protection of Human Rights
(Manila, 18-21 April 1995)
CONTENTS
Paragraphs Page
I. ORGANIZATION OF THE WORKSHOP . . . . . . . . . . . 1 - 17 4
A. Participants . . . . . . . . . . . . . . . . . 7 5
B. Documentation . . . . . . . . . . . . . . . . 8 5
C. Opening of the workshop . . . . . . . . . . . 9 - 12 5
D. Election of officers, agenda and programme
of work . . . . . . . . . . . . . . . . . . . 13 - 17 7
GE.95-13778 (E)
E/CN.4/1996/8
page 2
CONTENTS (continued)
Paragraphs Page
II. REPORT OF THE CHAIRMAN OF THE COORDINATING
COMMITTEE OF NATIONAL INSTITUTIONS . . . . . . . . 18 - 20 7
III. ITEM I: ASSESSMENT OF IMPLEMENTATION OF THE
PRINCIPLES RELATING TO THE STATUS
OF NATIONAL INSTITUTIONS . . . . . . . 21 - 27 8
IV. ITEM II: ASSESSMENT OF IMPLEMENTATION OF
RESOLUTIONS ADOPTED AT THE WORLD
CONFERENCE ON HUMAN RIGHTS AND
OF RECOMMENDATIONS OF THE SECOND
INTERNATIONAL WORKSHOP ON NATIONAL
INSTITUTIONS . . . . . . . . . . . . . 28 - 35 9
A. Exploitation of children . . . . . . . . . . . 28 - 31 9
B. Discrimination against women . . . . . . . . . 32 - 33 10
C. Persons with disabilities . . . . . . . . . . 34 - 35 11
V. ITEM III: CREATING AND STRENGTHENING NATIONAL
INSTITUTIONS . . . . . . . . . . . . . 36 - 46 11
A. Ways and means of assisting the establishment
or strengthening of national institutions . . 36 - 38 11
B. Implementation of the programme of action for
technical cooperation to national institutions 39 12
C. Regional cooperation . . . . . . . . . . . . . 40 13
D. Funding of national institutions’ activities . 41 - 44 13
E. The relevance of the Human Development Index
to the concerns of national institutions . . . 45 - 46 14
VI. ITEM IV: NATIONAL INSTITUTIONS AND THE FIGHT
AGAINST RACISM AND RACIAL
DISCRIMINATION . . . . . . . . . . . . 47 - 48 14
VII. ITEM V: NATIONAL INSTITUTIONS AND THE
PROTECTION OF MIGRANT WORKERS . . . . 49 - 50 15
VIII. ITEM VI: NATIONAL INSTITUTIONS AND INDIGENOUS
PEOPLES . . . . . . . . . . . . . . . 51 - 52 15
E/CN.4/1996/8
page 3
CONTENTS (continued)
Paragraphs Page
IX. ITEM VII: RELATIONS BETWEEN NATIONAL
INSTITUTIONS AND THE COMMISSION
ON HUMAN RIGHTS AND OTHER
UNITED NATIONS FORUMS . . . . . . . . 53 - 54 16
X. ITEM VIII: CONTRIBUTION OF NATIONAL INSTITUTIONS
TO THE FOURTH WORLD CONFERENCE ON
WOMEN AND THE FIFTIETH ANNIVERSARY
OF THE UNITED NATIONS . . . . . . . . 55 - 57 16
XI. ADOPTION OF RECOMMENDATIONS AND THE MANILA
DECLARATION . . . . . . . . . . . . . . . . . . . 58 17
XII. CLOSURE OF THE WORKSHOP . . . . . . . . . . . . . 59 - 62 17
Annexes
I. List of participants . . . . . . . . . . . . . . . . . . . . . 18
II. List of documents . . . . . . . . . . . . . . . . . . . . . . 24
III. Programme of the workshop . . . . . . . . . . . . . . . . . . 27
IV. Manila Declaration . . . . . . . . . . . . . . . . . . . . . . 31
V. Recommendations adopted by the workshop . . . . . . . . . . . 33
VI. Message of support to the National Human Rights Monitoring
Organization and the women of Algeria . . . . . . . . . . . . 40
E/CN.4/1996/8
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I. ORGANIZATION OF THE WORKSHOP
1. The third International Workshop on National Institutions for the
Promotion and Protection of Human Rights was held at Manila from 18
to 21 April 1995. It was organized by the United Nations Centre for
Human Rights, in cooperation with the Philippine Commission for Human Rights.
2. It should be noted at the outset that this activity was the latest step in
a process which had been under way for several years. In 1990, the Commission
on Human Rights called for a workshop to be convened with the participation of
national and regional institutions involved in the protection and promotion
of human rights. The workshop was to review patterns of cooperation
between national institutions and international institutions such as the
United Nations and its specialized agencies, and to explore ways of increasing
their effectiveness. The conclusions of this important workshop, held in
Paris in October 1991, were transmitted by the Commission on Human Rights,
in its resolution 1992/54, as the "Principles relating to the status of
national institutions", to the General Assembly, which adopted them in 1993
(resolution 48/134, annex). The Principles, inter alia, affirmed that
national institutions are to be vested with competence to protect and promote
human rights and given as broad a mandate as possible, set forth clearly in a
constitutional or legislative text.
3. During preparations for the World Conference on Human Rights, a decision
was made to organize a meeting of national institutions to be held during the
Conference itself. This meeting examined, inter alia, the purposes of
national institutions, the key requisites for appropriate and effective
functioning, including representativity and accessibility, and mechanisms for
coordinating inter-institutional activities. The Vienna Declaration and
Programme of Action, which emerged from the World Conference, confirmed many
important principles such as the indivisibility and interdependence of all
human rights, and established an ambitious agenda for human rights into
the twenty-first century. With regard to national institutions, the
World Conference:
(a) Reaffirmed the important and constructive role played by national
institutions for the promotion and protection of human rights, in particular
in their advisory capacity to the competent authorities, their role in
remedying human rights violations, in the dissemination of human rights
information, and education about human rights;
(b) Encouraged the establishment and strengthening of national
institutions, having regard to the "Principles relating to the status of
national institutions", and recognizing that it is the right of each State
to choose the framework which is best suited to its particular needs at the
national level.
4. The World Conference also called upon Governments to strengthen national
institutions which play a role in promoting and safeguarding human rights;
recommended the strengthening of United Nations activities and programmes
to meet requests for assistance from States for the establishment or
strengthening of national institutions; encouraged cooperation between
national institutions, particularly through exchanges of information and
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experience, as well as cooperation with regional organizations and the
United Nations; recommended, in that regard, that periodic meetings be
convened of representatives of national institutions, under the auspices of
the Centre for Human Rights, to examine ways and means of improving their
mechanisms and sharing experiences.
5. In December 1993, the Centre for Human Rights organized, at Tunis, the
second International Workshop on National Institutions for the Promotion and
Protection of Human Rights. The purpose of the workshop was to consolidate
the work begun in Paris by further elaborating the roles and responsibilities
of national institutions. Another important objective was to develop and
reinforce patterns of cooperation between individual institutions at both
regional and international levels. A number of recommendations relating to
the strengthening of national institutions were adopted at the Tunis meeting,
along with specific recommendations on matters such as women, children and the
disabled. The full text of all recommendations is contained in the report of
the workshop (E/CN.4/1994/45).
6. The purpose of the third meeting of national institutions was to assess
the implementation of the Principles relating to the status of national
institutions and to consider ways and means of strengthening existing national
institutions and encouraging their creation in countries where they do not yet
exist. In that connection, the meeting sought to address a plan of action for
the creation and strengthening of national institutions prepared by the Centre
for Human Rights; as well as to review activities carried out at national and
regional levels to promote the concept of national institutions.
A. Participants
7. A full list of participants is contained in annex I to this report.
B. Documentation
8. A full list of documents prepared for the third workshop is attached as
annex II.
C. Opening of the workshop
9. The third International Workshop on National Institutions for the
Promotion and Protection of Human Rights was opened at a ceremony hosted
by the President of the Philippines, His Excellency Mr. Fidel V. Ramos,
at Malacañang Palace, during the morning of Tuesday, 18 April 1995.
10. The ceremony began with a welcoming address by Mr. Sedfrey Ordoñez,
Chairman of the Philippines Commission on Human Rights. Mr. Ordoñez, speaking
of the objectives of the workshop, referred to that part of the Civil Code of
the Philippines which states that "every person must, in the exercise of his
rights and in the performance of his duties, act with justice, give everyone
his due, and observe honesty and good faith". The speaker emphasized the
importance of seeking unity in diversity and, in connection with the theme of
human rights, outlined the struggles undertaken in the Philippines in recent
years. Mr. Ordoñez noted that post facto investigation of human rights
violations was not enough. Attention should be paid to ways in which such
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violations could be prevented. Education was essential in that respect and
the Philippines Human Rights Commission had been particularly active in
educating all groups including law enforcement and security forces. An
Inter-agency Task Force for Strategic Planning and Research for Human Rights
Protection had been established by presidential order and was engaged in
developing a long-term plan. The speaker concluded by reiterating that the
task of the third International Workshop was promotional and developmental.
The goal was to prevent human rights violations.
11. The opening address was delivered by Mr. Hamid Gaham of the Centre for
Human Rights on behalf of the United Nations High Commissioner for Human
Rights, Mr. José Ayala Lasso. He provided a brief overview of the work of
the United Nations in the field of human rights, identifying three distinct
phases of action: standard-setting, implementation and prevention. In regard
to the last phase, he pointed out that rights could best be protected at the
national level through adequate legislation, the enactment and enforcement of
individual safeguards and remedies, and the establishment of democratic
structures. National institutions had a crucial role to play in each of those
areas. Mr. Gaham then summarized efforts being made both within and outside
the United Nations to encourage the creation and strengthening of national
institutions. With regard to the work of the Centre for Human Rights,
reference was made to the implementation of the Centre’s plan of action for
technical cooperation to national institutions. Mr. Gaham concluded by
reminding the gathering that human rights violations were still occurring,
with alarming frequency and intensity, in all parts of the world. At the same
time there were unprecedented assertions of entitlement to fundamental human
rights. The role of national institutions in encouraging that development
and in promoting the strengthening of the human rights systems at national,
regional and international levels was crucial.
12. In his statement, His Excellency Mr. Fidel V. Ramos, President of the
Philippines, referred to the Universal Declaration of Human Rights as the
"common standard of achievement for all peoples and all nations". The
President outlined the significant achievements which had been made in the
area of national human rights institutions. He pointed out that while there
were indeed common standards, differing national realities would dictate that
there would be as many "models" of national institutions as there were States
Members of the United Nations. The President also referred to the special
situation of Asia which was the only geographical area of the world without a
regional human rights structure. The President expressed his wish to see such
an arrangement established in Asia. One of the problems which could be
addressed through that arrangements, as well as through the United Nations
itself, was the serious problem of protecting the rights of migrant workers.
The President then provided a brief overview of the Philippine experience of
human rights, the constitutional provisions relating to human rights, and the
position which the Philippines had taken, both regionally and internationally,
regarding the protection of human rights and fundamental freedoms. The
President referred to the fundamental tenet of democracy and the important
position which the notion of democracy occupied in Philippine society.
Accordingly, steps had been taken to ensure that the people had a voice
in the development and implementation of public policy at all levels.
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D. Election of officers, agenda and programme of work
13. Mr. Sedfrey A. Ordoñez was elected Chairman of the third International
Workshop by acclamation.
14. Mr. Ordoñez, reporting the decision of the Coordinating Committee on the
matter, nominated Mr. Hector Davalos (National Commission of Human Rights,
Mexico) as Rapporteur. The nomination was approved.
15. After discussion, the programme was amended slightly to include the
matter of persons with disabilities under item II. The programme was adopted
as amended. The final programme is attached at annex III.
16. The Chairman then announced the setting up of a drafting committee
which would be composed of the delegations of the national institutions from
Australia, France, Canada, Mexico, the Philippines and Tunisia. The committee
would be chaired by the representative of the Philippines. Following a
suggestion from the Tunisian delegate, it was agreed that the representative
of the national institution from Cameroon replace Tunisia on the Committee.
The Chairman informed the meeting that all representatives of national
institutions were free to assist the Committee in its work.
17. With regard to procedure, the Chairman informed the meeting that in view
of the full agenda, time-limits would be imposed on all speakers. Keynote
speakers would be given 15 minutes with an additional 10 minutes at the
conclusion of the plenary discussion scheduled under each item. Participants
in the plenary discussion would be limited to five minutes. The order of
speakers would be as follows: first, representatives of national human rights
institutions; second, representatives of Governments; third, representatives
of international organizations including specialized agencies of the
United Nations; and fourth, representatives of non-governmental organizations.
II. REPORT OF THE CHAIRMAN OF THE COORDINATING COMMITTEE
OF NATIONAL INSTITUTIONS
18. The Chairman of the Coordinating Committee of National Institutions,
Mr. Maxwell Yalden (Canadian Human Rights Commission), presented a brief
report to the workshop on the work of the Committee. Mr. Yalden recalled that
the Committee had been established at the second International Workshop and
given the mandate to follow up recommendations made at the World Conference
and at subsequent workshops, as well as to maintain contact with the
United Nations Centre for Human Rights, particularly in relation to
establishing and implementing a joint plan of action. The Coordinating
Committee was also charged with assisting in the organization of the third
International Workshop.
19. The speaker reiterated the commitments made by national institutions
at Vienna and Tunis in regard to strengthening their own activities and
reiterated the importance of the Principles relating to the status of national
institutions (the "Paris Principles") in guiding the work of the institutions.
He also reminded participants of the efforts made by the Committee to enable
national institutions to participate actively, with a defined status, in the
work of the United Nations. In that regard, he described the efforts of the
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Coordinating Committee during the last session of the Commission on Human
Rights and informed the workshop that despite the Committee’s best efforts,
there was no final agreement on the matter. Mr. Yalden encouraged
representatives of national institutions to encourage their own Governments
to promote the granting of special status to national institutions in
United Nations forums.
20. The Chairman of the Coordinating Committee also raised concerns about
the funding of national institutions’ activities. In view of the widespread
recognition of the importance of the work of national institutions, such
activities should be funded through the regular budget of the United Nations
rather than depend upon the generosity of a few States. The speaker concluded
his address by referring to efforts to strengthen national human rights
institutions and the importance of calling upon available practical expertise.
III. ITEM I: ASSESSMENT OF IMPLEMENTATION OF THE PRINCIPLES
RELATING TO THE STATUS OF NATIONAL INSTITUTIONS
21. The first agenda item was introduced by the Chairman of the Canadian
Human Rights Commission, Mr. Maxwell Yalden. The speaker emphasized the
crucial importance of the Paris Principles in guiding the development and
strengthening of national human rights institutions. He analysed the major
points of the Principles, in particular those directed at ensuring
independence of action as well as basic operational requirements.
22. The speaker informed the workshop of the efforts made to evaluate
the implementation of the Paris Principles through the development and
implementation of a reporting system. Unfortunately, not all institutions had
replied to the questionnaire sent in 1994. Those national institutions which
had not replied were urged to do so as soon as possible.
23. With regard to promoting adherence to the Paris Principles, the speaker
stressed the need to promote the criteria set forth in the Principles, in
particular the need for national institutions to be independent, pluralistic,
and established by law or under the Constitution, and the need for national
institutions to take an active role in promoting national implementation of
international human rights standards.
24. During the discussion, support was expressed for the Paris Principles and
for their widespread dissemination. There was general agreement that the
Principles provided excellent guidelines against which the progress of an
institution could be measured - although the importance of taking account of
national differences was also emphasized. Several national institutions spoke
about their work in the areas of human rights education and training, advising
and assisting Governments in human rights matters, investigating alleged human
rights violations and promoting the implementation of international human
rights conventions.
25. The initiative of the National Commission of Human Rights of Mexico
to publish a directory of national institutions was lauded and it was
suggested that the directory be updated regularly. One speaker highlighted
the importance of allowing non-governmental organizations to assist
national institutions. The socio-economic dimension of human rights
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violations was raised as was the principle of universality, and the group
was encouraged to consider human rights problems in those contexts.
26. Several participants expressed the view that greater benefit would have
been derived had the background documents been distributed earlier to allow
time for study and consideration. In that context, the short lead time up to
the third workshop was noted. One speaker called upon the workshop to
reconsider the term "national institution for the promotion and protection of
human rights" with a view to replacing it with something shorter and more
accurate. The proposed change was seen by a later speaker to be somewhat
problematic in view of the work which had already been undertaken.
27. Independence (acknowledged to be a relative term) was considered, by a
number of speakers, to be essential for the effective functioning of national
institutions. Given its importance, the group was encouraged to consider how
independence (both legal and operational) could best be fostered.
IV. ITEM II: ASSESSMENT OF IMPLEMENTATION OF RESOLUTIONS ADOPTED
AT THE WORLD CONFERENCE ON HUMAN RIGHTS AND OF
RECOMMENDATIONS OF THE SECOND INTERNATIONAL
WORKSHOP ON NATIONAL INSTITUTIONS
A. Exploitation of children
28. The keynote address on the sub-item was delivered by the representative
of the Australian Human Rights and Equal Opportunities Commission, who
reminded participants that children were among the most vulnerable of all
groups within society and that their protection therefore deserved special
attention. The sexual exploitation of children was of particular concern.
The speaker highlighted the problem of "sex tourism" and outlined the attempts
of the Australian Government to deal with it through enactment of legislation
which criminalized and punished participation in such activities, whether
within or outside Australian jurisdiction. The speaker highlighted the
difficulty of defining "child exploitation" and suggested that the notion of
child exploitation be included in the definition of "sexual exploitation".
Addressing the proposed optional protocol to the Convention on the Rights of
the Child on the exploitation of children, she outlined a number of concrete
recommendations. These referred, inter alia, to the need to ensure
inter-State cooperation in eliminating child exploitation as well as the need
to protect privacy and other needs of children. The representative concluded
her address by highlighting the importance of ensuring that the United Nations
committed sufficient funds and resources to this vital initiative.
29. The United Nations Special Rapporteur on the sale of children and child
exploitation, Ms. Calcetas-Santos, paid tribute to her immediate predecessor,
Mr. Vitit Muntarbhorn, for his exhaustive work in this area, and briefly
explained her own mandate. The Special Rapporteur emphasized the importance
of arriving at a legal definition of "sale" and provided examples of the wide
variety of activities which could potentially fall within such a definition.
She then noted a number of recent developments or trends in the area of child
exploitation and spoke briefly about the serious problem of child pornography.
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30. Other participants addressed particular aspects of the problem, including
the pervasive issue of child labour, and described the various ways in which
their respective national institutions had acted to address those and other
issues. In that context, the representative from the national institution of
Kuwait highlighted the plight of civilian Kuwaiti and non-Kuwaiti detainees in
Iraqi prisons and invited those present to lend their support. The need for
public information campaigns to highlight awareness of child exploitation was
emphasized. Punishment of perpetrators, through extension of national
jurisdiction where necessary, and assistance to victims were also considered
to be important components of any strategy to deal with the problem of child
exploitation. One participant recalled the plight of child victims of war and
called for the inclusion of this category into the definition of child
exploitation. It was subsequently noted that the proposed optional protocol
did not exclude concern for child victims of conflict. The role of poverty
and underdevelopment in child exploitation was also highlighted by a number of
participants.
31. A number of participants expressed interest in the information which had
been given concerning the drafting of an optional protocol to the Convention
on the Rights of the Child and requested information on the drafting process.
They were informed that the Commission on Human Rights, at its last session,
had approved the establishment of a working group, which would meet in Geneva
during the course of the year. It was agreed that the participation of
national institutions in the drafting process was extremely important.
B. Discrimination against women
32. The keynote address on this sub-item was delivered by the representative
of the New Zealand Human Rights Commission. The speaker reminded participants
that women were not a minority either in the general population or, indeed, in
the composition of many organizations working for human rights. However, when
it came to the exercise of power, the inequalities between men and women
became obvious. The Fourth World Conference on Women, scheduled to take place
in Beijing later in the year, would be an excellent opportunity for the
international community to address the human rights of women. The speaker
then considered the work which had been done at the second International
Workshop in the area of discrimination against women and made a number of
specific recommendations for consideration by the present meeting. National
institutions were to be encouraged, inter alia, to develop and implement
programmes aimed at promoting and protecting the human rights of women,
including particularly vulnerable women (ethnic minorities, the disabled,
migrant workers, members of indigenous groups, etc.); to ensure that women
were adequately represented within national institutions at all levels,
including decision-making levels; and to address the problem of violence
against women.
33. Several of the following speakers expressed their agreement with the
keynote speaker regarding the important role which national institutions could
play in promoting and protecting the human rights of all women. A number of
representatives cited specific examples of discrimination in their own
countries, particularly in the areas of family and property laws, and of
measures being taken by national institutions to counter discrimination. The
importance of education at all levels was emphasized. Ratification of the
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Convention on the Elimination of All Forms of Discrimination against Women
without substantive reservations, and/or the removal of such reservations
where they existed, were also considered essential. The representative of the
Algerian human rights institution spoke of the terrible plight of women
victims of the civil strife in Algeria and called on the Beijing Conference to
address that urgent concern. The importance of finding out what each national
institution was doing for women was underlined. By way of conclusion, it was
agreed that the concerns of women were fundamental human rights issues which
must be addressed accordingly by national institutions and all other bodies
involved in the promotion and protection of human rights.
C. Persons with disabilities
34. The keynote speaker for this sub-item, the representative of the Canadian
Human Rights Commission, outlined the efforts which had been made at previous
meetings in the matter of disability and expressed the view that progress had
been made in implementing earlier resolutions. He acknowledged the draft
resolution prepared by Australia on the topic and expressed his support for
the resolution. The speaker underlined the great need to secure the rights of
persons with disabilities, to inform persons with disabilities of their
rights, to ensure that information materials were accessible to disabled
persons, to ensure equality of opportunity in all areas including employment
and social services, and to eliminate all physical barriers to the full
participation in society of persons with disabilities.
35. The recommendations made by Australia were generally endorsed by the
group. One speaker pointed out that national institutions themselves should
take steps to ensure that they were physically accessible to persons with
disabilities both in terms of their physical premises as well as in relation
to how they conducted their work. Legislation was necessary, as was
consultation with disabled persons. The HIV virus should be considered under
the heading of disability. The links between various applicable rights in
that context should be acknowledged and explored.
V. ITEM III: CREATING AND STRENGTHENING NATIONAL INSTITUTIONS
A. Ways and means of assisting the establishment or
strengthening of national institutions
36. The sub-item was introduced by the representative of the Philippines
Commission on Human Rights. The representative outlined the key features of
an "ideal" national human rights institution, emphasizing an ability to reach
all levels of society and Government and an impartial, efficient management
structure. The speaker recounted the experience of the Philippines Commission
in seeking to attain those goals. He stressed the importance of ensuring that
members of any national institution were widely respected persons of the
highest integrity. The institution should also be a collegial body, composed
of persons from all sectors of society. The representative concluded his
address by quoting from a paper presented by a non-governmental organization
of the Philippines: "independence in their operation and finances [should be
guaranteed] ... these bodies should be mandated by the highest political
authority in their respective countries, enshrined in their constitutions and
freed from partisan politics. They should have complete budgetary and
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operational autonomy from the rest of the government. They should have full
prosecutorial powers subject only to the highest judicial organ of the
government."
37. Many of the following speakers echoed the representative’s call for
partnerships between national institutions and other bodies, such as NGOs,
which were in a position to increase the institutions’ effectiveness. The
importance of ensuring the highest possible standards in appointment of
members was also affirmed, as was the need to seek collegiality. Several
speakers recounted the experiences of their own organizations in meeting those
particular challenges. Several participants spoke of the urgent need to
assist in the establishment of national institutions in Africa and it was
proposed that regional initiatives might be useful in this regard. The
importance of political will, at both national and international levels, to
the success of national institutions was acknowledged. There was a need to
meet and collaborate at all levels and to pool resources and expertise. In
that regard, the role of the Coordinating Committee was very important,
although at the same time, it should be noted that the Coordinating Committee
was not a club and its mandate and membership should be subject to
reconsideration at the workshop. The Paris Principles must be disseminated
and made widely known and efforts should be made to ascertain whether the
Principles were being complied with. Other speakers provided an account of
the recent efforts of their Governments to establish a national institution in
accordance with the Paris Principles and explained some of the political,
economic and other difficulties which had been faced in that task.
38. One speaker noted that the number of participants had not increased
greatly over the past four years and that much work remained to be done. The
same speaker also referred to recent efforts of national institutions to be
accorded special status within United Nations bodies, particularly the
Commission on Human Rights. The speaker reported that despite the diligent
work of the Coordinating Committee in that regard, States Members of the
United Nations were clearly not yet prepared to support such an initiative.
The representative of the Centre for Human Rights responded to the point,
informing participants that in accordance with a request from the Commission
on Human Rights, the Secretariat had solicited the views of Member States.
Unfortunately, only a very small number of replies were received. Another
speaker pointed out that States had, on at least several occasions in
international forums, expressed their support for the work of national
institutions. That was now international policy which must be implemented.
It was agreed that United Nations assistance in that regard was vital, as was
support from other sectors of society including NGOs.
B. Implementation of the programme of action for technical
cooperation to national institutions
39. The representative of the Centre for Human Rights briefly explained the
objectives and scope of the Centre’s technical cooperation programme. She
addressed that component of the programme dealing with national human rights
institutions. The speaker referred to the plan of action which had been
developed by the Centre in consultation with national institutions. The plan
sets out a strategy to provide technical and other assistance in the creation
of new institutions or in the strengthening of existing ones. A background
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paper prepared for the workshop explained in detail how the Centre was
implementing this plan of action. The speaker drew the attention of
participants to the fact that the Centre was receiving an increasing number of
requests from Governments and institutions in that area. At the moment, the
Centre was endeavouring to ensure that all responses received a positive
reaction. In providing assistance, it would be necessary for the Centre to
call upon the expertise of practitioners. The Centre would also like to
develop a database of legislation establishing national human rights
institutions and would be grateful to receive copies of such legislation from
the national institutions represented at the workshop. The speaker concluded
by informing the meeting that the Handbook on the Establishment and
Strengthening of National Institutions is being printed and would be
distributed to all national institutions very shortly.
C. Regional cooperation
40. This sub-item was considered together with sub-item D. on Funding of
national institutions’ activities.
D. Funding of national institutions’ activities
41. These two sub-items were addressed by Mr. Brian Burdekin, special guest
of the Philippines Commission on Human Rights. On the matter of regional
cooperation, Mr. Burdekin called the workshop’s attention to an excellent
background paper on this matter prepared by the Mexican Commission.
National institutions had a vital role to play in promoting and strengthening
regional arrangements, whether between national institutions or at the
intergovernmental level. Concerning progress during the past four years, the
speaker noted that national institutions had been established in India and
Indonesia, two of the most populous countries in the world. The need for a
regional human rights arrangements in Asia was emphasized, with the view being
expressed that it would perhaps better reflect the present realities of the
situation to work for subregional arrangements. Bilateral exchanges and
coordination were excellent ways of facilitating such arrangements and at that
level, national institutions should take the initiative. Regional networks of
institutions should be established as part of that process. It was essential
to recognize a holistic concept of human rights by embracing the full spectrum
of economic, social, cultural, civil and political rights.
42. On the matter of financing the activities of national institutions, it
should be acknowledged that funding would always be inadequate and that
expectations would always be higher than what was delivered; that was perhaps
as it should be. National institutions should begin to be creative about
funding; they should seek to supplement their funds without compromising their
independence and integrity.
43. During the discussion, participants expressed their agreement with the
keynote speaker on the matter of regional cooperation and on the need for such
cooperation in Asia. One speaker recounted the experience, within Europe, of
promoting cooperation between national institutions. Proposals to undertake
similar initiatives in Africa were warmly encouraged. In relation to the
Americas, it was noted that only Mexico and Canada represented the region at
the workshop, despite the fact that a number of other countries in the
E/CN.4/1996/8
page 14
Americas had established, or were in the process of establishing, human rights
institutions. The matter of securing financing for activities of national
institutions was considered to be extremely important. It was agreed that
national institutions should take responsibility for addressing the issue both
individually and collectively.
44. One speaker drew participants’ attention to the Centre’s plan of action
for technical assistance to national institutions and expressed the view that
insufficient weight had been given to the need for encouraging the
establishment of new institutions in Africa. The representative of the Centre
informed the speaker that a new text, incorporating that important point,
would be made available as soon as possible.
E. The relevance of the Human Development Index to the
concerns of national institutions
45. This sub-item was introduced by the UNDP Resident Representative and
Resident Coordinator in the Philippines, Mr. Kevin McGrath. Mr. McGrath
explained the basic concepts of human development (of people, by people and
for people) with its emphasis on enlarging choices and enhancing well-being.
The Human Development Index was a way of measuring achievement in human
development and took into account life expectancy, literacy and income.
The speaker explained the relationship between human development and human
rights, citing the essential need for freedom in personal and collective
decision-making. In addition, a measure such as the HDI could provide a
wealth of information on matters such as whether economic growth was leading
to increased well-being, and might point to the existence of geographical or
ethnic disparities in development. The Index could also be a valuable means
of identifying situations of human insecurity - situations which may lead to
conflict and civil disturbance. The speaker concluded by re-emphasizing the
link between human development and human rights and freedoms.
46. In the following discussion, participants expressed their agreement with
the keynote speaker on the importance of identifying the link between
development and human rights. The reliability of data was considered to be
crucial. Several examples of human insecurity in different countries were
given. One participant addressed the problem of coordination within the
United Nations system on matters such as human rights and development. The
Resident Representative, in his reply, agreed that there was a problem and
expressed the view that a strengthened Economic and Social Council could be
extremely useful in regard to human security.
VI. ITEM IV: NATIONAL INSTITUTIONS AND THE FIGHT AGAINST
RACISM AND RACIAL DISCRIMINATION
47. The representative of the Advisory Commission on Human Rights of France,
in his address introducing the item, asserted that protection of human rights
would inevitably involve a fight against racism and xenophobia. The speaker
explained the work of his Commission in that area and offered to distribute
reports on activities against racism. The problem of racism was not becoming
less serious and it was possible to identify new forms and new manifestations.
Careful analysis was required of the causes of racial discrimination and of
possible solutions. Specific recommendations to address the problems of
E/CN.4/1996/8
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racism and racial discrimination had been made at a recent workshop held at
Strasbourg. These included the development and dissemination of information
materials, the training of public officials, including police, and the
implementation of strong administrative measures.
48. Support was expressed during the discussion for the comments of the
keynote speaker. Several participants focused on the role of national
institutions in fighting racism and racial discrimination and called upon
national institutions to lead the struggle in that area. There was also a
great need for regional initiatives, taking account of the particular problems
facing individual countries. In that context, one speaker described the
experience of the Council of Europe in creating an independent body to address
the problem of racial discrimination. Isolationism should always be a concern
and the economic dimensions of racism should not be forgotten.
VII. ITEM V: NATIONAL INSTITUTIONS AND THE
PROTECTION OF MIGRANT WORKERS
49. The item was introduced by the representative of the Higher Committee for
Human Rights and Fundamental Freedoms of Tunisia. The speaker referred to the
address of the President of the Philippines who had highlighted the plight of
migrant workers throughout the world and emphasized the need for international
action to protect their basic human rights. The situation of migrant workers
throughout the world was becoming increasingly disturbing with a distinct rise
in racism and xenophobia. As a matter of historical reality, such persons
were regarded as intruders and not easily integrated into society. National
institutions should call upon their respective Governments to ratify the
International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families. National institutions should also push
for legal equality for all migrant workers and should campaign for greater
public awareness of the rights to which migrant workers are entitled. The
host countries should encourage integration while respecting cultural
differences.
50. In the ensuing discussion, mention was made of the need to clarify what
is an extremely complex problem in terms of both host countries and countries
of origin. There are responsibilities on both sides and the need for
cooperation should be acknowledged. The human rights of migrant workers
should be incorporated into national legislation. Several speakers provided
details of their own experiences in relation to migrant workers. It was also
noted that that particular human rights problem was not limited to a few
countries but was global in scope and should be addressed accordingly.
VIII. ITEM VI: NATIONAL INSTITUTIONS AND INDIGENOUS PEOPLES
51. The item was introduced by the representative of the National Commission
of Human Rights of Mexico. The representative began by confirming the basic
human rights to which all indigenous persons, as individuals, were entitled.
He identified a number of problems which had been associated with the
identification and acceptance of collective rights. At the same time,
significant progress had been made and a number of fundamental human rights
principles (e.g. relating to non-discrimination) which protected the
individual as a member of a social group could be used to strengthen the claim
E/CN.4/1996/8
page 16
for collective rights. The speaker considered the international community to
be at a crossroads vis-à-vis individual and collective rights. On the
specific matter of indigenous rights, the speaker traced the work of the
international community, particularly in relation to culture and cultural
rights, law and custom, sovereignty and autonomy. He concluded that while
significant progress had been made, much remained to be done at all levels.
52. Several participants related the experiences of their commissions in
dealing with the human rights problems of indigenous peoples. The need for
the protection of their identity was emphasized as was the need for
flexibility and creativity in developing solutions. There was a continuing,
urgent need for public education on the rights of indigenous peoples.
National institutions had a special role to play in facilitating the struggle
of indigenous peoples and in promoting their access to international forums.
The difficult problem of the legal relationship between indigenous peoples and
their Governments should be addressed as a priority. Indigenous peoples were
a part of society; their rights must be protected accordingly.
IX. ITEM VII: RELATIONS BETWEEN NATIONAL INSTITUTIONS
AND THE COMMISSION ON HUMAN RIGHTS AND
OTHER UNITED NATIONS FORUMS
53. This item was introduced by the representative of the United Nations
Centre for Human Rights who cited the relevant sections of the Vienna
Declaration and Programme of Action concerning national institutions. He then
explained in detail the process by which the Economic and Social Council
granted consultative status to certain non-governmental organizations. It was
by virtue of such status that NGOs participated in the work of the Commission
on Human Rights. Such considerations could be useful to national institutions
as a reference point in possible future discussions with ECOSOC concerning
their own status.
54. In the ensuing discussions, one representative rejected the notion of
seeking status equivalent to that which was granted to NGOs and specialized
agencies. Nor was it sufficient, according to another speaker, for national
institutions to be able to speak only through their government delegations. A
new status was required which reflected the unique role and position of
national institutions. There was a clear need to obtain government support in
that regard. It was agreed that national institutions required an appropriate
United Nations status in order to be able to function effectively. It might
be necessary or desirable to take the matter to the highest levels of the
United Nations as soon as possible. There was an urgent need to ascertain the
most appropriate approach and to act accordingly.
X. ITEM VIII: CONTRIBUTION OF NATIONAL INSTITUTIONS TO THE
FOURTH WORLD CONFERENCE ON WOMEN AND THE
FIFTIETH ANNIVERSARY OF THE UNITED NATIONS
55. On the matter of the World Conference on Women, the representative of the
New Zealand Human Rights Commission directed participants to her background
paper (HR/MANILA/1995/SEM/BP.11) and urged all national institutions to liaise
very closely with non-governmental organizations involved in the human rights
of women. She herself would be attending the conference and would be happy
E/CN.4/1996/8
page 17
to represent informally other national human rights institutions. In her view
the final document of the workshop should make specific reference to
the conference.
56. In the following discussion participants expressed support for the
speaker, particularly on the point relating to working with NGOs. It was
considered useful to try and organize a meeting of representatives of national
institutions at the conference. It was suggested that the New Zealand
Commissioner represent the Coordinating Committee in Beijing.
57. With regard to the fiftieth anniversary of the United Nations,
participants were directed to the background paper (HR/MANILA/1995/SEM/BP.12)
prepared by the Canadian Human Rights Commission. In introducing the paper,
the speaker referred to the importance of incorporating concepts of human
dignity and human rights into all aspects of the work of the United Nations
and of national institutions. It was suggested that the Drafting Committee
include reference to the anniversary in the final statement of the workshop.
XI. ADOPTION OF RECOMMENDATIONS AND THE MANILA DECLARATION
58. At the final meeting of the workshop, the Rapporteur presented his report
and, on behalf of the Drafting Committee, presented the draft Manila
Declaration and recommendations for consideration. A message of support to
the National Human Rights Monitoring Organization of Algeria and the women of
Algeria was also presented. After some discussion, during which a number of
minor amendments to the drafts were proposed, the drafts were approved by the
workshop. The texts of the Manila Declaration, the recommendations and the
message of support are contained in annexes IV-VI.
XII. CLOSURE OF THE WORKSHOP
59. The closing ceremony was presided over by Mr. Sedfrey Ordoñez, Chairman
and head of the host institution. Mr. Ordoñez thanked the Drafting Committee
and the Rapporteur for their excellent work. He congratulated the
participants on the consistently high level of the interventions. He urged
all representatives of national institutions to continue their vital work in
promoting and protecting the human rights of all persons.
60. In his final address, Mr. Hamid Gaham, representative of the
United Nations Centre for Human Rights, also expressed his appreciation to the
participants for their hard work and commitment. The spirit of the Paris
Principles had been strengthened considerably as a result of the workshop.
He reaffirmed the support of the United Nations for the work of national
institutions. Mr. Gaham recalled the important role which the Government of
the Philippines had played in human rights at the international level. On
behalf of the participants, he thanked the President, the Government and the
Philippine Commission on Human Rights for their unfailing assistance and
support in ensuring the success of the workshop.
61. Concluding statements echoing this appreciation and confirming the
success of the workshop were made by a number of representatives.
62. The meeting was adjourned on 21 April 1995.
E/CN.4/1996/8
page 18
Annex I
LIST OF PARTICIPANTS
A. National institutions and ombudsmen
National Human Rights Monitoring Organization (Algeria)
Mr. Kamel Rezzag Bara
President
Human Rights and Equal Opportunity Commission (Australia)
Ms. Elizabeth Hastings
Disability Discrimination Commissioner
Mr. Kieren Fitzpatrick
Senior Policy Adviser
National Commission on Human Rights and Freedoms (Cameroon)
Dr. Solomon Nfor Gwei
President
Ms. Lucy Gwanmesia
Assistant-Secretary
Canadian Human Rights Commission (Canada)
Mr. Maxwell Yalden
President
Mr. John Dwyer
Senior Adviser
Mr. Yves Lafontaine
Chief Commissioner of the Commission on Human Rights (Quebec)
National Commission on Human Rights (Central African Republic)
Mr. Jean Kossangue
Vice-President
Advisory Commission on Human Rights (France)
Mr. Paul Bouchet
President
Mr. Gérard Fellous
Secretary-General
E/CN.4/1996/8
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National Human Rights Commission (India)
Mr. R.V. Pillai
Secretary-General
Mr. Justice S.S. Kang
Member
National Commission for Human Rights (Indonesia)
Ms. Myriam Budiadjo
Vice-Chair
Committee on the Defense of Human Rights of the National
Assembly (Kuwait)
Mr. Ali Al-Baghli
Chairman
Mr. Ahmad Al-Shuraian
Member
Mr. Khalid Al-Balhan
Member
National Commission of Human Rights (Mexico)
Mr. Hector Davalos Martinez
Executive Secretary
Advisory Council on Human Rights (Morocco)
Mr. Thami El Khyari
Member
Mr. Ahmed Lasky
Member
Mr. Mohamed Seddiqi
Member
Human Rights Commission (New Zealand)
Ms. Pamela Jeffries OBE
Chief Commissioner
Commission on Human Rights (Philippines)
Mr. Sedfrey A. Ordoñez
Chairman
Mr. Narciso C. Monteiro
Commissioner
E/CN.4/1996/8
page 20
Commission on Human Rights (Philippines) (continued)
Ms. Mercedes V. Contreras
Commissioner
Mr. Nasser A. Morohomsalic
Commissioner
Mr. Vicente P. Sibulo
Commissioner
Human Rights Committee (Senegal)
Mr. Malick Sow
Secretary-General
The Ombudsman against Ethnic Discrimination (Sweden)
Mr. Frank Orton
Ombudsman
National Commission on Human Rights (Togo)
Mr. Aboudou Assouma
President
Higher Committee for Human Rights and Fundamental Freedoms (Tunisia)
Mr. Rachid Driss
President
Human Rights Inquiry Commission of the Grand National Assembly (Turkey)
Mr. Sabri Yavuz
Chairman
Mr. Tinaz Titiz
Deputy for Ankara
B. Special guest
Mr. Brian Burdekin (Australia)
C. Institutes
Institute of International Legal Studies, University of the Philippines Law
Center (Philippines)
Mrs. Paz Esperanza M. Cortes
Ms. Ma Rowena Gonzales
E/CN.4/1996/8
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D. United Nations bodies and special procedures
Special Rapporteur on the sale of children of the United Nations Commission
on Human Rights
Ms. Ofelia Calcetas-Santos (Philippines)
United Nations Information Centre
Mr. Luis Torez
E. United Nations bodies and specialized agencies
United Nations Children’s Fund
Mr. Keshab B. Mathema
United Nations High Commissioner for Refugees
Ms. Merida O’Donnell-Morales
United Nations Development programme
Mr. Kevin McGrath
Mr. Edwin Sangoyo
F. Intergovernmental organizations
European Commission
Ms. Silvia Llorens
International Organization for Migration
Mr. Rodrigo Alano
G. Non-governmental organizations
Amnesty International
Mr. Peter Perfecto
Asian Institute of Journalism
Ms. Myla Santos
Ms. Florangel Braid
Ateneo Human Rights Center
Mr. Sedfrey Candelaria
E/CN.4/1996/8
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Ateneo Center for Social Policy
Mr. Eric Ahorro
Canadian International Development Agency
Mr. Cristobal Agravante, Jr.
Ecumenical Commission for Displaced Families and Communities
Ms. Ditas F. Go-Zurbano
Families of Involuntary Disappearances
Mr. Ruben Resus
Friedrich Ebert Foundation
Mr. Tos Anonuevo
Philippine Alliance of Human Rights Advocates
Mr. Auxilium T. Olayu
Mr. Rene Sarmiento
Group against Detention and for Amnesty of Ex-Detainees (SELDA)
Ms. Marie Enriquez
Scalabrini Migration Center
Mr. Graziano Battistella
Ms. Stella Joaquin
Swedish Save the Children
Mr. Dan O’Donnell
Task Force Detainees of the Philippines
Ms. Maria Salud Moraleda
Mrs. Agnes Rio De Mesa
The Asian Foundation
Mr. Jaime Faustino
Virlanie Foundation
Mr. Dominique Lemay
Ms. Emmanuelle Hoss
Ms. Isabelle Marie Janotto
E/CN.4/1996/8
page 23
H. Other organizations
International Committee of the Red Cross
Mr. Jean-François Golay
I. Governments
Canada Mr. Robert Beadle
Mr. Stephen Heeney
Ms. Carol Buenafe
Cuba Mrs. Teresita Fidez Dias
China Mr. Baodong Li
India Mrs. Nandhi Iyer Krishna
Indonesia Mr. Rahardjo Mustadjab
Iran (Islamic Republic of) Mr. Abolafzl Eslami
Japan Mr. Morinasuke Takeda
Mr. Kenichi Nishimura
Latvia Ms. Vita Terauba
Morocco Mr. Abdeslam Bou Imajdil
Nigeria Mr. Hakeem Olawale Sulaiman
Mr. Bukhari Bellow
Philippines Ms. Minerva Laudico
Ms. Amy C. Lasaro
Ms. Trina Singson
Mr. Olivia Palala
Mr. Henry D. Castro
Ms. Linda Soria
Mr. Leo Kison
Mr. Mateo Mayugua
Mr. Abraham Din
Ms. Jenny Llaguno
Thailand Mr. Trakul Winitnaiyapak
Mr. Prinya Kaewman
E/CN.4/1996/8
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Annex II
LIST OF DOCUMENTS
HR/MANILA/1995/SEM/BP.1 Background paper prepared by the Canadian
Human Rights Commission - Paris Principles
HR/MANILA/1995/SEM/BP.2 Background paper prepared by the Australian
Commission on Human Rights and Equal
Opportunity - An optional protocol on sexual
exploitation of children
HR/MANILA/1995/SEM/BP.3 Not issued
HR/MANILA/1995/SEM/BP.4 Background paper prepared by the Philippines
Commission on Human Rights -
Constitutionalism in the Philippines
HR/MANILA/1995/SEM/BP.4/Add.1 Background paper prepared by the Resident
Representative of UNDP - The relevance of the
Human Development Index to the concerns of
national human rights institutions
HR/MANILA/1995/SEM/BP.5 Background paper prepared by the Centre for
Human Rights - Programme of action for
technical cooperation to encourage the
creation of national institutions, to
strengthen existing national institutions and
to develop cooperation and coordination
between national institutions
HR/MANILA/1995/SEM/BP.5/Add.1 Background paper prepared by the Centre for
Human Rights - National human rights
institutions and the technical cooperation
programme of the United Nations Centre for
Human Rights
HR/MANILA/1995/SEM/BP.6 Cooperative arrangements for national
institutions in the Asian-Pacific Region
- Discussion paper prepared by the Australian
Human Rights and Equal Opportunity Commission
HR/MANILA/1995/SEM/BP.6/Add.1 Background paper prepared by the National
Human Rights Commission of Mexico - Regional
cooperation between national institutions for
the protection and promotion of human rights
in Latin America
E/CN.4/1996/8
page 25
HR/MANILA/1995/SEM/BP.7 Background paper prepared by the National
Advisory Commission on Human Rights
(France) - Extracts from the report of the
first European Meeting of National
Institutions for the Promotion and Protection
of Human Rights, "Combating Racism and
Xenophobia", Strasbourg, 7-9 November 1994
HR/MANILA/1995/SEM/BP.8 Background paper prepared by the National
Human Rights Commission of Mexico - National
institutions and the protection of migrant
workers’ rights
HR/MANILA/1995/SEM/BP.8/Add.1 Background paper prepared by the Tunisian
Higher Committee on Human Rights and
Fundamental Freedoms - Protection of
migrant workers
HR/MANILA/1995/SEM/BP.9 Background paper prepared by the National
Human Rights Commission of Mexico - National
institutions and indigenous peoples
HR/MANILA/1995/SEM/BP.10 Background paper prepared by the Centre for
Human Rights - Relations between national
institutions and the Commission on Human
Rights and other United Nations forums
HR/MANILA/1995/SEM/BP.11 Background paper prepared by the Human Rights
Commission of New Zealand - contribution of
national institutions to the Fourth World
Conference on Women, Beijing, September 1995
HR/MANILA/1995/SEM/BP.12 Background paper prepared by the Canadian
Human Rights Commission - National
institutions and the fiftieth anniversary of
the United Nations
HR/MANILA/1995/SEM/BP.13 Background paper prepared by the Canadian
Human Rights Commission - National
institutions and people with disabilities
HR/MANILA/1995/SEM/WP.1 Working paper prepared by the National Human
Rights Commission of India - Spread of human
rights literacy
HR/MANILA/1995/SEM/WP.2 Background paper prepared by the Indonesian
National Commission on Human Rights -
Creating national institutions
E/CN.4/1996/8
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HR/MANILA/1995/SEM/WP.3 Working paper prepared by the Advisory
Council on Human Rights of Morocco
HR/MANILA/1995/SEM/INF.1 Briefing note
HR/MANILA/1995/SEM/INF.2/ Programme
Rev.1 and Corr.1
HR/MANILA/1995/SEM/INF.3 Presidential Decrees Nos. 50/1993 and
455/M/1993 regarding the establishment of the
Indonesian National Commission on Human
Rights and the composition of its members
HR/MANILA/1995/SEM/INF.4 Human Development Index submitted by the
United Nations Development Programme
E/CN.4/1996/8
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Annex III
PROGRAMME OF THE WORKSHOP
Tuesday, 18 April
Morning
10.00-12.00 Opening of the workshop (Malacañang Palace):
- Welcoming address by Mr. Sedfrey Ordoñez, Chairman of
the Philippines Commission on Human Rights
- Statement by Mr. Hamid Gaham on behalf of the
United Nations High Commissioner for Human Rights,
Mr. José Ayala-Lasso
- Opening statement by the President of the Philippines,
H.E. Mr. Fidel Ramos
Afternoon Working Session I
14.30-15.30 Election of members of the Bureau
Adoption of the programme
Organization of work
Report of activities of the Coordinator of National
Institutions
15.30-17.30 Item I: Assessment of implementation of the Principles
relating to the status of national institutions
(HR/MANILA/1995/SEM/BP.1)
Keynote address by a representative of the Canadian Human
Rights Commission
Conclusion on item I
Wednesday, 19 April
Morning Working Session II
9.30-10.30 Item II: Assessment of implementation of resolutions
adopted at the World Conference on Human Rights
and of recommendations of the second International
Workshop on National Institutions
(1) Exploitation of children
(HR/MANILA/1995/SEM/BP.2)
E/CN.4/1996/8
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Morning Keynote address by a representative of the Australian
(continued) Commission on Human Rights and Equal Opportunity
Conclusion on item II (1)
10.30-11.30 (2) Discrimination against women
(HR/MANILA/1995/SEM/BP.11)
Keynote address by a representative of the New Zealand
Commission on Human Rights
Conclusion on item II (2)
11.30-12.30 (3) National institutions and people with
disabilities (HR/MANILA/1995/SEM/BP.13)
Keynote address by a representative of the Canadian Human
Rights Commission
Conclusion on item II (3)
Afternoon Working Session III
14.30-16.00 Item III: Creating and strengthening national institutions
(1) Ways and means of assisting the
establishment or strengthening national
institutions (HR/MANILA/1995/SEM/BP.4)
Keynote address by a representative of the Philippines
Commission on Human Rights
Conclusion on item III (1)
(2) Implementation of the programme of action
for technical cooperation to national
institutions (HR/MANILA/1995/SEM/BP.5 and
Add.1)
Handbook on National Institutions
Introduction by a representative of the Centre for Human
Rights
Conclusion on item III (2)
16.00-17.30 (3) Regional cooperation
(HR/MANILA/1995/SEM/BP.6 and Add.1)
(4) Funding of national institutions’ activities
E/CN.4/1996/8
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Afternoon Keynote address by Mr. Brian Burdekin, special guest of the
(continued) Philippines Commission on Human Rights
Conclusion on item III (3) and (4)
Thursday, 20 April
Morning Working Session IV
9.30-10.00 Item III: (continued)
(5) The relevance of the Human Development Index
to the concerns of national institutions
(HR/MANILA/1995/SEM/BP.4/Add.1)
Keynote address by Mr. Kevin McGrath, Resident Representative
of UNDP
Conclusion on item III (5)
10.00-11.00 Item IV: National institutions and the fight against racism
and racial discrimination
(HR/MANILA/1995/SEM/BP.7)
Keynote address by a representative of the Advisory
Commission on Human Rights of France
Conclusion on item IV
11.00-12.00 Item V: National institutions and the protection of
migrant workers (HR/MANILA/1995/SEM/BP.8 and
Add.1)
Keynote address by a representative of the Tunisian Higher
Committee on Human Rights and Fundamental Freedoms
Conclusion on item V
12.00-13.00 Item VI: National institutions and indigenous peoples
(HR/MANILA/1995/SEM/BP.9)
Keynote address by a representative of the National Human
Rights Commission of Mexico
Conclusion on item VI
Afternoon Working Session V
14.30-15.30 Item VII: Relations between national institutions and the
Commission on Human Rights and other
United Nations forums (HR/MANILA/1995/SEM/BP.10)
E/CN.4/1996/8
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Afternoon Keynote address by a representative of the Centre for Human
(continued) Rights
Conclusion on item VII
15.30-16.30 Item VIII: Contribution of national institutions to the
Fourth World Conference on Women and the fiftieth
anniversary of the United Nations
(HR/MANILA/1995/SEM/BP.11;
HR/MANILA/1995/SEM/BP.12)
Keynotes addresses by the representative of the Human Rights
Commission of New Zealand and the Canadian Commission on
Human Rights
Conclusion on item VIII
16.30-17.30 Synthesis of the discussions
Friday, 21 April
Morning Working Session VI
9.00-11.00 Meeting of the Drafting Committee
(1) Draft recommendation
(2) Draft Manila Declaration
Afternoon Working Session VII
15.00-16.00 Adoption of recommendations and Manila Declaration
16.00-17.00 Closure of the workshop
E/CN.4/1996/8
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Annex IV
MANILA DECLARATION
Participants at the third International Workshop on National Institutions
for the Promotion and Protection of Human Rights, meeting at Manila from 18 to
21 April 1995, draw inspiration from the Vienna Declaration and Programme of
Action and the reaffirmation by the international community at the World
Conference on Human Rights of international human rights standards and of the
important role national human rights institutions play in securing those
rights at the national level.
National institutions from all regions represented at the third
International Workshop express solidarity with the principles of universality
and indivisibility and with the Universal Declaration of Human Rights which
recognizes that all human beings are born free and equal in dignity and rights
and are entitled to equal protection against any form of discrimination.
National institutions help promote enhanced respect for the universality
and indivisibility of civil and political and economic, social and cultural
rights, particularly by ensuring that national legislation conforms to
international obligations and that concrete measures are taken to ensure the
enjoyment of rights on a non-discriminatory basis.
As an important facet of international human rights machinery, and as
explicitly recognized at the World Conference, the role of national
institutions needs to be formally confirmed with a defined status within the
United Nations system.
National institutions also reaffirm their commitment to ensuring that
their status and responsibilities are consistent with the Principles relating
to the status of national institutions adopted by the General Assembly in
December 1993. This is seen as essential because national institutions can be
most effective and truly credible only if they are independent, pluralistic,
established wherever possible by legislation or constitutional law and in
other ways conform to the Principles referred to above.
National institutions urge the High Commissioner for Human Rights to
continue his efforts to promote the acceptance of and adherence to
international standards and ask him to pay particular attention to supporting
the creation and strengthening of such institutions. In this regard, he
should actively promote the criteria set out in the Principles as the basis
for any efforts in this direction. For this reason, national institutions
believe that all steps should be taken to widely disseminate the Principles.
National institutions wish to congratulate the United Nations during its
fiftieth anniversary year for the dedication it has shown towards achieving
the purposes set out in Article 55 of the Charter of the United Nations,
including securing universal respect for, and observance of, human rights and
fundamental freedoms for all.
E/CN.4/1996/8
page 32
At the third International Workshop, national institutions considered a
range of human rights issues relating to children, people with disabilities,
migrant workers, indigenous peoples, women, racism and xenophobia.
Recommendations on these issues will be conveyed to the Commission on Human
Rights.
National institutions recognize that the human rights of women are an
integral part of all United Nations activities and look forward to the work of
the Fourth World Conference on Women to be held in Beijing in 1995.
The promotion and protection of human rights is the responsibility of all
elements of society and all those engaged in the defence of human rights
should work in concert to secure their advancement. Therefore, at the
national level, it is important that national institutions work in close
cooperation with their respective Governments and with NGOs to ensure that
human rights principles are fully implemented in effective and material ways.
At the international level, regional cooperation is considered as an
essential factor to better ensure effective promotion and protection of human
rights.
In this context, it is noted that regional human rights arrangements and
mechanisms already exist in the European, African and American regions.
National institutions recommend that, where necessary, these regional
arrangements be strengthened, particularly through greater cooperation between
existing national institutions.
With regard to the lack of a regional human rights mechanism in the
Asian-Pacific region, national institutions noted the opening address of the
President of the Philippines, Mr. Fidel Ramos, and in particular his emphasis
on the need to encourage regional cooperation and establish a regional human
rights mechanism in that region. National institutions recommend that
priority should be given to the development of appropriate regional
arrangements to ensure the effective implementation of international human
rights instruments and of the Principles, and specifically to encourage Member
States in the Asian-Pacific and African regions to establish appropriate
regional human rights arrangements for the promotion and protection of human
rights.
In addition, in very large and diverse regions, subregional arrangements
may be an important step in building effective cooperation. National
institutions encourage all Member States to take appropriate steps to promote
the exchange by national institutions of information and experience concerning
the establishment and operation of such national institutions and specifically
to encourage more extensive cooperation between existing national institutions
on a regional or subregional basis.
E/CN.4/1996/8
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Annex V
RECOMMENDATIONS ADOPTED BY THE WORKSHOP
The third International Workshop on National Institutions for the
Promotion and Protection of Human Rights, meeting at Manila from 18 to
21 April 1995 under the auspices of the United Nations Centre for
Human Rights, adopted the following recommendations at the conclusion of their
deliberations on 21 April 1995.
I. GENERAL RECOMMENDATIONS
National institutions attending the third International Workshop for the
Promotion and Protection of Human Rights.
1. Recommend that the Commission on Human Rights:
(a) Recognize the unique status and independent character of national
institutions and take appropriate measures to ensure that they participate in
the work of the United Nations human rights bodies as individual national
institutions with observer status, similar to their participation at the World
Conference on Human Rights in Vienna;
(b) Request the Secretary-General to review the question of the status
of national institutions with the utmost dispatch and that the Commission on
Human Rights recognize an appropriate status for the national institutions;
(c) Facilitate the close cooperation between and periodic meetings of
national institutions under the auspices of the United Nations Centre for
Human Rights, as recommended in the Vienna Declaration and Programme of
Action, including by ensuring that the necessary funds are committed for those
purposes;
(d) Give priority to development of appropriate regional arrangements
to ensure the effective implementation of international human rights
instruments and of the Principles relating to the status of national
institutions, and specifically to encourage Member States in the Asian-Pacific
and African regions to establish appropriate regional human rights
arrangements for the promotion and protection of human rights;
(e) Encourage all Member States to take appropriate steps to promote
the exchange by national institutions of information and experience concerning
the establishment and operation of such national institutions;
(f) Encourage States wishing to create national institutions to use the
criteria set out in the Principles as the basis for such institutions and
actively promote an understanding of the Principles and their importance for
the effective functioning of national institutions among States Members of the
United Nations.
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2. Recommend that national institutions:
(a) Commit themselves to making every possible effort to ensure that
equality of rights and freedoms is respected in their respective countries;
(b) Should be independent, pluralistic, established whenever possible
by legislation or constitutional law and guided by the Principles relating to
the status of national institutions, notwithstanding the particular situation
of the countries in which they operate;
(c) Recommit themselves to take appropriate steps to attempt to ensure
that their status and responsibilities are brought into line with the
Principles and in this regard respond to a request by the Coordinating
Committee to provide information on their status and responsibilities;
(d) Specifically encourage more extensive cooperation between existing
national institutions, in particular in the Asian-Pacific and African regions.
Mechanisms for regional cooperation could include bilateral consultations,
staff exchanges, regional conferences and other appropriate mechanisms;
(e) Request their respective Governments to support the United Nations
in its efforts in particular by seeking to increase the funds allocated to the
United Nations Centre for Human Rights from the regular budget and, where
possible, by contributing to a voluntary fund for purposes of creating and
strengthening national institutions.
II. SPECIFIC RECOMMENDATIONS
A. With respect to the exploitation of children:
1. National institutions request the Commission on Human Rights to:
(a) Stress the obligations that fall on all Member States to protect
children against all forms of exploitation, economic and sexual, including
their exploitation during times of armed conflict;
(b) Encourage States to ensure that those found responsible for the
exploitation of children are held legally responsible for their actions;
(c) Request that a mechanism be established to document situations of
exploitation of children and to bring these situations, and recommendations on
how to deal with them, to the attention of the appropriate authorities.
2. With particular regard to the troubling problem of the sexual
exploitation of children, the Commission on Human Rights is requested to:
(a) Encourage all States Members of the United Nations to accord this
issue the highest priority and respond urgently and effectively to the abuses
which are occurring;
(b) Reaffirm the importance of the elaboration of an optional protocol
to the Convention on the Rights of the Child on the sale of children, child
prostitution and child pornography.
E/CN.4/1996/8
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B. With respect to the rights of women:
1. The Commission on Human Rights is requested:
(a) To call on States to consider establishing national institutions
which conform to the Principles relating to the status of national
institutions with a mandate emphasizing, whenever necessary, the protection of
the rights of women and girls from discrimination and to ensure the
appointment of women in equal numbers with men to decision-making positions
within those institutions;
(b) To develop an optional protocol to the Convention on the
Elimination of All Forms of Discrimination against Women enabling individual
complaints about non-compliance to be made to the United Nations Commission on
Human Rights;
(c) To encourage closer cooperation and coordination between the
Commission on Human Rights and the Commission on the Status of Women;
(d) To request the Special Rapporteur on violence against women to
address the issue of atrocities committed by armed extremists against certain
segments of the civilian population (intellectuals, journalists, foreigners,
members of Islamic sects, Christians), especially women.
2. National institutions should:
(a) Have as an agenda priority the promotion and development of the
human rights of women through complaint handling, education programmes,
research and advice initiatives, and promotion of the Convention on the
Elimination of All Forms of Discrimination against Women and other conventions
concerning women;
(b) Develop plans and programmes to ensure the equal representation of
women employees at all levels of employment within the national institution;
(c) Adopt a policy and programme for the advancement of indigenous
women both within the institution and within the nation State;
(d) Recognize the special needs of women and girls who are migrant
workers or disabled or from an ethnic minority;
(e) Adopt a specific plan of action in conformity with the Declaration
on the Elimination of all Violence against Women and report at the fourth
International Workshop on National Institutions for the Promotion and
Protection of Human Rights on steps taken towards the elimination of violence
against women.
C. With respect to the rights of persons with disabilities:
1. National institutions should:
(a) In consultation with people with disabilities and their
representatives, review their accessibility to persons with disabilities
E/CN.4/1996/8
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(including in terms of communications, physical access, and appropriate staff
training), develop and implement measures to ensure equal accessibility to
their services, programmes and facilities to persons with disabilities and
exchange information regarding their experience in this respect;
(b) Consult regularly with organizations representing persons with
disabilities to ensure that institutions are aware of, and give due attention
to, human rights issues as they affect persons with disabilities;
(c) Give priority to ensuring that effective legislative protection
against discrimination against persons with disabilities is in place and
implemented, through the national institutions themselves and/or other
appropriate agencies;
(d) Examine and pursue additions or alterations (such as in standards
or codes of practice) which may be needed in addition to general
anti-discrimination provisions to ensure effective operation of
anti-discrimination law in the disability area, in that elimination of
discrimination against persons with disabilities will in many cases require
substantial changes in the built environment, methods of communication and the
functioning of organizations throughout society, in addition to the changes in
attitudes and actions more commonly associated with discrimination law;
(e) Given that legal protection against discrimination is necessary but
not sufficient to ensure equal protection of the human rights of persons with
disabilities, ensure that other appropriate legal and administrative
arrangements are in place and function effectively to protect and promote the
human rights of persons with disabilities, with particular attention to the
rights of persons living in or receiving services through specialized
institutions, persons with a disability involved in the criminal justice
system and children and young persons with disabilities;
(f) Ensure that all relevant government agencies and social
institutions exercise appropriate responsibility for protection and promotion
of, and respect for the human rights of persons with disabilities;
(g) Work to promote implementation by their respective Governments and
in their respective societies of the Standard Rules on the Equalization of
Opportunities for Persons with Disabilities;
(h) Respond to a questionnaire on progress in these respects which will
be forwarded to them by the Coordinating Committee.
D. With respect to the fight against racism and racial discrimination:
1. National institutions request the Commission on Human Rights:
(a) To urge the United Nations to create on a permanent basis an
international criminal court, competent in particular to judge the crime of
genocide and crimes against humanity;
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(b) To encourage the pooling of existing documentation, in particular
by establishing databases on legislation and case law on the subject of
combating racism and xenophobia.
2. National institutions should:
(a) Encourage their respective countries to ratify the International
Convention on the Elimination of All Forms of Racial Discrimination and ensure
the full application of its provisions, in particular by accepting the
procedure for individual communications provided for in article 14 of the
Convention and the withdrawal of any reservations they have formulated which
limit the scope of the Convention;
(b) Emphasize the need to facilitate the access of foreigners and
stateless persons to naturalization;
(c) Contribute actively to combating racism and xenophobia, if
necessary extending their domestic competence to these issues;
(d) Seek specific powers to prosecute racist offences committed against
individuals by the authorities acting in their official capacities;
(e) Take the initiative, in consultation with the professional groups
concerned, to draw up codes of conduct on the subject of non-discrimination in
the public service and in private relations;
(f) Request a study be undertaken on the use of new technologies (video
games, computer networks) for the propagation of racial hatred and racial
violence and that a set of domestic and international measures be put forward
with urgency to end such abuses;
(g) Request the establishment of training programmes for specific
categories of personnel (e.g. police, judges, educators) with a view to
improving relations between the administrative authorities and foreigners;
(h) Emphasize the importance of positive measures, both nationally and
locally, to combat all forms of exclusion and to promote genuine equality of
rights and opportunity.
E. With respect to migrant workers:
National institutions should:
(a) At each of their periodic meetings present a report on the
application of international instruments on migrant workers in their
respective countries, setting out the main obstacles to the implementation of
these instruments in order to assist future international conferences of
national institutions to formulate adequate solutions;
(b) Encourage their respective Governments to take non-discriminating
measures to assure freedom of movement, reasonable procedures for family
reunification and fair access to employment, education and housing for migrant
populations;
E/CN.4/1996/8
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(c) Urge their respective Governments to sign and ratify the
international human rights instruments concerning migrants;
(d) Where necessary and after an analysis of the situation, recommend
to the appropriate authorities measures to eliminate violations of the human
rights of immigrants;
(e) Request their respective Governments firmly to support the
resolutions of United Nations organs and bodies against racial discrimination,
xenophobia and other contemporary forms of intolerance and the application of
the Programme of Action for the Third Decade to Combat Racism and Racial
Discrimination;
(f) Set up a programme to disseminate information on the human rights
of migrants and ways in which these rights are enforced;
(g) Conduct studies on the rights of those in society who lack proper
documentation and are members of a vulnerable group, such as women and
children who are therefore doubly vulnerable, and recommend appropriate action
to protect their human rights;
(h) Play a greater role in drawing up national reports dealing with
migration that are submitted to the United Nations mechanisms for the
protection of human rights.
F. With respect to indigenous peoples:
National institutions request the Commission on Human Rights to:
(a) Urge all Member States to ratify the main international instruments
on an urgent basis and to take practical measures to create institutions
responsible for guaranteeing the implementation of these rights;
(b) To encourage all Member States to recognize:
(i) That human rights are based on the protection of the
individual and that collective rights can never diminish or
nullify the dignity and the freedom of the human person;
(ii) That collective rights find their main support in the
principle of non-discrimination;
(iii) That indigenous peoples have the right to preserve their
legitimate differences and that this right lies at the heart
of the rule of non-discrimination and the principle of
tolerance;
(iv) That indigenous rights should not be seen by either the
representatives of indigenous communities or by the
representatives of governmental bodies as being inimical to
the structure and purposes of the State and, as a
consequence, legal ways must be found to harmonize, where
appropriate, national legal systems with indigenous customary
law;
E/CN.4/1996/8
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(v) That, in general, indigenous groups are not seeking to set up
new States or to abolish internationally recognized rights,
but rather expect effective measures to be developed to
implement States’ obligations towards them and to guarantee
these rights;
(vi) That the protection and defence of human rights are, now as
ever, the last recourse against threats and violence.
E/CN.4/1996/8
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Annex VI
MESSAGE OF SUPPORT TO THE NATIONAL HUMAN RIGHTS MONITORING
ORGANIZATION AND THE WOMEN OF ALGERIA
National institutions attending the third international workshop on
national institutions for the promotion and protection of human rights,
Having listened to a description by the President of the Algerian
National Human Rights Monitoring Organization of discrimination and violence
against women, in particular female victims of extremism and terrorism in
Algeria,
Having particular regard to the atrocities committed by armed extremists
against certain segments of the civilian population, including intellectuals,
journalists, foreigners, members of Islamic sects and Christians, and
especially against women,
Denounce categorically the assassinations, rapes, threats and all other
abuses committed by armed extremist groups against Algerian women, and
consider these an intolerable denial of the universal principles which govern
human society and, at the same time, a major violation of the human rights
guaranteed by the pertinent international instruments,
Welcome this opportunity to commend the women of Algeria for their battle
to defend with determination and with courage their right to life, to liberty,
to citizenship and to participation with an equal status in the public, social
and economic life of their country,
Express their support for the actions taken by the Algerian national
institution and all human rights militants to defend and preserve human rights
in the difficult conditions that prevail across Algeria,
Express their hope that a delegation of Algerian women will be invited by
the Secretary-General of the United Nations to attend the Fourth World
Conference on Women to be held in Beijing, as special guests of the
Conference.
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