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Excerpts from Kofi Annan's Report on UN Reform:
In Larger Freedom

March 21, 2005


Human Rights

Distr.
GENERAL

A/59/2005

ORIGINAL: ENGLISH




Kofi Annan's Report on UN Reform: In Larger Freedom (March 21, 2005)

Human Rights

140. Human rights are as fundamental to the poor as to the rich, and their protection is as important to the security and prosperity of the developed world as it is to that of the developing world. It would be a mistake to treat human rights as though there were a trade-off to be made between human rights and such goals as security or development. We only weaken our hand in fighting the horrors of extreme poverty or terrorism if, in our efforts to do so, we deny the very human rights that these scourges take away from citizens. Strategies based on the protection of human rights are vital for both our moral standing and the practical effectiveness of our actions.

141. Since its establishment, the United Nations has committed itself to striving for a world of peace and justice grounded in universal respect for human rights — a mission reaffirmed five years ago by the Millennium Declaration. But the system for protecting human rights at the international level is today under considerable strain. Change is needed if the United Nations is to sustain long-term, high-level engagement on human rights issues, across the range of the Organization’s work.

142. Important change is already under way. Since the Millennium Declaration, the United Nations human rights machinery has expanded its protection work, technical assistance and support for national human rights institutions, so that international human rights standards are now better implemented in many countries. Last year, I launched “Action 2”, a global programme designed to equip United Nations interagency country teams to work with Member States, at their request, to bolster their national human rights promotion and protection systems. This programme urgently needs more resources and staff, including a stronger capacity to train country teams within the Office of the United Nations High Commissioner for Human Rights.

143. But technical assistance and long-term institution-building are of little or no value where the basic principle of protection is being actively violated. A greater human rights field presence during times of crisis would provide timely information to United Nations bodies and, when necessary, draw urgent attention to situations requiring action.

144. The increasing frequency of the Security Council’s invitations to the High Commissioner to brief it on specific situations shows that there is now a greater awareness of the need to take human rights into account in resolutions on peace and security. The High Commissioner must play a more active role in the deliberations of the Security Council and of the proposed Peacebuilding Commission, with emphasis on the implementation of relevant provisions in Security Council resolutions. Indeed, human rights must be incorporated into decision-making and discussion throughout the work of the Organization. The concept of “mainstreaming” human rights has gained greater attention in recent years, but it has still not been adequately reflected in key policy and resource decisions.

145. These observations all point to the need to strengthen the Office of the High Commissioner for Human Rights. While the role of the High Commissioner has expanded in the areas of crisis response, national human rights capacity-building, support for the Millennium Development Goals and conflict prevention, her Office remains woefully ill-equipped to respond to the broad range of human rights challenges facing the international community. Member States’ proclaimed commitment to human rights must be matched by resources to strengthen the Office’s ability to discharge its vital mandate. I have asked the High Commissioner to submit a plan of action within 60 days.

146. The High Commissioner and her Office need to be involved in the whole spectrum of United Nations activities. But this can only work if the intergovernmental foundations of our human rights machinery are strong. In section V below, therefore, I shall make a proposal to transform the body which should be the central pillar of the United Nations human rights system — the Commission on Human Rights.

147. But the human rights treaty bodies, too, need to be much more effective and more responsive to violations of the rights that they are mandated to uphold. The treaty body system remains little known; is compromised by the failure of many States to report on time if at all, as well as the duplication of reporting requirements; and is weakened further by poor implementation of recommendations. Harmonized guidelines on reporting to all treaty bodies should be finalized and implemented so that these bodies can function as a unified system.

Proposed Human Rights Council

181. The Commission on Human Rights has given the international community a universal human rights framework, comprising the Universal Declaration on Human Rights, the two International Covenants21 and other core human rights treaties. During its annual session, the Commission draws public attention to human rights issues and debates, provides a forum for the development of United Nations human rights policy and establishes a unique system of independent and expert special procedures to observe and analyse human rights compliance by theme and by country. The Commission’s close engagement with hundreds of civil society organizations provides an opportunity for working with civil society that does not exist elsewhere.

182. Yet the Commission’s capacity to perform its tasks has been increasingly undermined by its declining credibility and professionalism. In particular, States have sought membership of the Commission not to strengthen human rights but to protect themselves against criticism or to criticize others. As a result, a credibility deficit has developed, which casts a shadow on the reputation of the United Nations system as a whole.

183. If the United Nations is to meet the expectations of men and women everywhere — and indeed, if the Organization is to take the cause of human rights as seriously as those of security and development — then Member States should agree to replace the Commission on Human Rights with a smaller standing Human Rights Council. Member States would need to decide if they want the Human Rights Council to be a principal organ of the United Nations or a subsidiary body of the General Assembly, but in either case its members would be elected directly by the General Assembly by a two-thirds majority of members present and voting. The creation of the Council would accord human rights a more authoritative position, corresponding to the primacy of human rights in the Charter of the United Nations. Member States should determine the composition of the Council and the term of office of its members. Those elected to the Council should undertake to abide by the highest human rights standards.

Kofi Annan's Report on UN Reform: In Larger Freedom (March 21, 2005)


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