i
E/CN.4/1991/56
page 2
I.
MANDATE AND WORKING METHODS OF THE SPECIAL RAPPORTEUR
9.
In his previous reports, the Special Rapporteur included considerations
on the subject of his interpretation of the mandate assigned to him by the
Commission (E/CN.4/1988/45, paras. 1-8; E/CN.4/1989/44, paras. 14-18). He
particularly stressed its dynamic nature. He therefore considered it
necessary in the initial phase to set out the elements of the problem before
him and in so doing to identify factors which might be an impediment to the
implementation of the provisions of the Declaration; to make a general
inventory of incidents and measures inconsistent with those provisions; to
emphasize their adverse consequences in respect of the enjoyment of
fundamental rights and freedoms; and to recommend a number of remedial
measures.
10. In a second phase, the Special Rapporteur deemed it useful to take a more
specific approach and to endeavour to identify more precisely particular
situations where inconsistencies with the provisions of the Declaration might
have been reported. For this purpose he specifically approached a number of
Governments and requested clarification of allegations concerning their
country in particular. He noted with satisfaction that most of the
Governments in question had replied. He deems it essential at the present
stage to continue with and to develop this dialogue, which clearly
demonstrates a genuine interest in the issues raised in the context of his
mandate, and sustains the hope of further mobilization with a view to reaching
a solution.
11. This method of direct dialogue with Governments, used experimentally
during his previous mandates, has been backed up to some extent during the
last three years by the actual terms of Commission on Human Rights
resolutions 1988/35, 1989/44 and 1990/17, adopted at the forty-fourth,
forty-fifth and forth-sixth sessions. They invite the Special Rapporteur "to
seek the views and comments of the Government concerned on any information
which he intends to include in his report". In this report, the
Special Rapporteur has included the answers provided by Governments to a
questionnaire which he addressed to them on 25 July 1990. The questions
appearing in it were selected in the light of the dialogue which the
Special Rapporteur has been able to establish with many Governments since
taking up his mandate and reflect aspects which, in his opinion, call for
clarification.
12. The Special Rapporteur welcomed the ^"ision of the Commission in
resolution 1990/27 to extend his mandate -•.- a further two years. He
considers that the decision will enable him to develop in depth his dialogue
with Governments, both generally and specifically, and to offer them further
opportunities of providing their comments on issues raised or on particular
allegations transmitted to them. This will enable him to present a more
comprehensive analysis to the Commission at the end of the two-year period.
13. As in his previous reports, the Special Rapporteur has endeavoured, as
the terms of Commission on Human Rights resolution 1990/27 require, to respond
effectively to credible and reliable information coming before him, and to
carry out his work with discretion and independence. In order to do so, he
has drawn on a very broad range of governmental and non-governmental sources,
of very varied geographical origins, stemming both from organizations and from