Effective functioning of bodies established pursuant to United Nations human rights instruments.

1989/47. Effective functioning of bodies established pursuant to United Nations human rights instruments

The Commission on Human Rights, Recalling General Assembly resolution 43/115 of 8 December 1988, Economic and Social Council resolution 1988/42 of 27 May 1988 and Commission on Human Rights resolution 1988/31 of 8 March 1988, as well as other relevant resolutions, Affirming that the effective implementation of United Nations human rights instruments is of major importance to efforts made by the Organization, pursuant to the Charter of the United Nations and the Universal Declaration of Human Rights, to promote universal respect for, and observance of, human rights and fundamental freedoms, Considering that the effective functioning of treaty bodies established pursuant to United Nations human rights instruments is indispensable for the full and effective implementation of such instruments, Aware that the General Assembly, in its resolution 43/115, affirmed its responsibility to ensure the proper functioning of the bodies charged with supervising the implementation of human rights instruments adopted by the General Assembly and, in this connection, reaffirmed the importance:

(a) Of ensuring the effective functioning of systems of periodic reporting by States parties to these instruments;

(b) Of addressing the problem of securing sufficient financial resources, which is increasingly hampering the proper functioning of human rights treaty bodies, as noted with concern in the recent reports of five such bodies, and of providing sufficient resources to ensure the effective functioning of the respective treaty bodies;

(c) Of addressing problems of both reporting obligations and financial implications when considering the possibility of establishing any additional treaty bodies,

Having studied the conclusions and recommendations of the meeting of persons chairing the human rights treaty bodies held at Geneva from 10 to 14 October 1988 (E/CN.4/1989/67, annex), Considering that the General Assembly, in resolution 43/115, requested the Commission on Human Rights, in view of its overall responsibilities in the field of human rights, to consider at its forty-fifth session the conclusions and recommendations of that meeting, in particular those identified as matters requiring urgent action, and to report to the General Assembly at its forty-fourth session, through the Economic and Social Council,

1. Endorses the recommendations of the meeting of persons chairing the human rights treaty bodies aimed at furthering the efforts of those bodies to streamline, rationalize and otherwise improve reporting procedures, and requests the Secretary-General to report to the General Assembly at its forty-fourth session and to the Commission on Human Rights at its forty-sixth session on progress achieved in this connection by the treaty bodies and by the Secretary-General within their respective spheres of competence;

2. Welcomes the emphasis placed by the meeting of persons chairing the human rights treaty bodies on the importance of technical assistance and advisory services, and, recalling the important role that human rights treaty bodies can play in identifying means of assisting States to meet their human rights obligations, requests the Secretary-General to report regularly to the Commission on possible technical assistance projects identified by the treaty bodies in the course of reviewing periodic reports of States parties;

3. Acknowledges the recommendations of the meeting of persons chairing the human rights treaty bodies on the need to ensure financing and adequate staffing resources for the operations of the human rights treaty bodies, and, with this in mind, notes that the General Assembly, in so far as any of the treaty bodies may be experiencing financial difficulties, could consider alleviating these difficulties, inter alia, by the temporary allocation of necessary funds by way of advances out of the United Nations regular budget which will be reimbursed from the contributions received within the same budget year, a procedure to be repeated until such time as a permanent solution to such difficulties can be implemented;

4. Emphasizes that any temporary financial assistance from the United Nations regular budget should be provided without prejudice to the duty of States parties to United Nations human rights instruments to meet all their financial obligations pursuant to such instruments, and urges all States parties to do so without delay;

5. Requests the Secretary-General to entrust an independent expert with the task of preparing a study, within existing resources, on possible long-term approaches to enhancing the effective operation of existing and prospective bodies established under United Nations human rights instruments taking into account the conclusions and recommendations of the meeting of persons chairing the human rights treaty bodies, and requests that this report be placed before the General Assembly at its forty-fourth session and the Commission on Human Rights at its forty-sixth session;

6. Welcomes the further recommendations of the meeting of persons chairing the human rights treaty bodies, aimed at enhancing the effectiveness of those bodies, and commends them for careful consideration and action as appropriate by the respective treaty bodies, the Secretary-General and the Governments concerned;

7. Decides to consider this subject on a priority basis at its forty-sixth session under an agenda item to be entitled "Effective functioning of bodies established pursuant to United Nations human rights instruments".

51st meeting
6 March 1989
[Adopted without a vote. See chaps. XI and XVIII.]