E/CN.4/1989/44
page 2
I. MANDATE AND WORKING METHODS OF THE SPECIAL RAPPORTEUR
10. In his previous report, 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), of which he
particularly stressed the 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 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. 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. There is no question for the Special Rapporteur of making any
judgement on those allegations in accordance with the mandate entrusted to
him, his task is, rather, to consider and draw attention to incidents and
measures inconsistent with the provisions of the Declaration and recommend
remedial measures.
11. This method of direct dialogue with Governments, used experimentally
during his previous mandate, has been backed up to some extent during the
present period by the actual terms of Commission on Human Rights
resolution 1988/55, adopted at the forty-fourth session, which invites the
Special Rapporteur "to seek the views and comments of the Government concerned
on any information which he intends to include in his report ...".
12. Another development which the Special Rapporteur views as positive is the
extension of his mandate for two years, whereas previous mandates had been for
only one year. This extension, the privilege of which the Special Rapporteur
shares, and rightly so, with the other Special Rapporteurs concerned with the
study of general human rights issues, seems to reflect increasing interest and
trust on the part of the States members of the Commission on Human Rights in
the established procedures for the consideration of certain types of
violations, and a concern to ensure the Rapporteurs and the machinery in
question optimum conditions for the fulfilment of their task.
13. As in his previous reports, the Special Rapporteur has endeavoured, as
the terms of Commission on Human Rights resolution 1988/55 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
drew on a very broad range of governmental and non-governmental sources, of
very varied geographical origins, stemming both from organizations and from
individuals. Among such sources, the Special Rapporteur endeavoured to take