E/CN.4/1993/62
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 entrusted to him by the
Commission on Human Rights (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 the 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 five years by the actual terms of Commission on Human Rights resolutions
1988/35, 1989/44, 1990/27, 1991/48 and 1992/17, adopted at the forty-fourth,
forty-fifth, forty-sixth, forty-seventh and forty-eighth 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 his previous two reports, 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. His analysis of the answers was included in
the report (E/CN.4/1992/52, paras. 93-164) which he presented to the
Commission on Human Rights at its forty-eighth session.
12.
The Special Rapporteur welcomed the decision of the Commission in
resolution 1992/17 to extend his mandate for an additional three years. He
considers that the decision has enabled him to develop further his dialogue
with Governments and to offer them additional 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 three-year period of his mandate.
13.
As in his previous reports, the Special Rapporteur has endeavoured, as
the terms of Commission on Human Rights resolution 1992/17 require, to respond
effectively to credible and reliable information coming before him, and to