XN000022-1991-06-05 — Page 14

12

WEDNESDAY, JUNE 5, 1991

INTENTION HE EXPLAINED THAT WHEN IT WAS STILL THE GOVERNMENT'S

WERE THERE TO

SUGGESTIONS INTER-CITIZEN RIGHTS IN THE BILL, RETAIN

THE FLOW OF THAT SUCH A COMMISSION MIGHT ACT AS A FILTER TO STEM

PERCEIVED ROLE INTER-CITIZEN ACTIONS IN THE COURTS, NOTING THAT THE WAS THAT OF ARBITRATION, MEDIATION, INVESTIGATION AND PERHAPS A TO ENFORCE DECISIONS.

ADMINISTRATION

RIGHT

TOOK

SUCH

THE CHIEF SECRETARY POINTED OUT THAT THE THE VIEW THAT IN ORDER TO PERFORM THE ENVISAGED ROLE EFFECTIVELY, A COMMISSION WOULD HAVE TO HAVE POWERS TO PROVIDE EFFECTIVE REMEDIES.

TO PERFORM

ONE BEARING MACHINERY

OF SUCH ***THE

A ESTABLISHMENT

BODY,

IT WERE EFFECTIVELY, WOULD OF COURSE HAVE HAD FINANCIAL IMPLICATIONS AND WOULD WISH CAREFULLY TO STUDY THE NATURE OF ITS COMPOSITION, IN MIND ALWAYS THE DESIRABILITY OF ADHERING TO THE TYPE OF RECOGNISED BY OUR PRESENT SYSTEM OF LAW.

THAT

THE

IS

"THESE DIFFICULTIES ASIDE, HOWEVER, THE FACT IS THAT A DECISION HAS BEEN TAKEN TO EXCLUDE INTER-CITIZEN RIGHTS FROM THE BILL, SO

A THE

ESTABLISHING

HUMAN CASE FOR

COMMISSION WITH RIGHTS

ARBITRATION

MEDIATLON OR DECISION MAKING ROLE ENVISAGED CONSIDERABLY WEAKENED.

OR

"I HAVE INDICATED THAT THE PROTECTION OF

FROM

RIGHTS

BY INFRINGEMENT

INDIVIDUALS WILL BE

WHETHER ANY CONSIDERED.

MECHANISM FOR PARTICULAR

DEALING WITH THOSE ISSUES WILL PROVE DESIRABLE SHOULD AWAIT THAT CONSIDERATION," HE SAID.

SIR

PROMOTE LAW AND

DAVID SAID THE COMMITTEE ON THE PROMOTION OF CIVIC EDUCATION HAD IN RECENT YEARS PURSUED AN ACTIVE PROGRAMME TO AS ONE OF ITS MAJOR THEMES PUBLIC AWARENESS OF THE RULE OF HUMAN RIGHTS PROTECTION.

"HOWEVER, THERE WOULD BE BENEFIT

WHICH

THE

OF

IN THE CONCENTRATION

TO UNDER- EXPERTISE IN THIS IMPORTANT AREA, WHICH WOULD SERVE ALSO SCORE

ATTACHES IMPORTANCE

TO THE ADMINISTRATION PROTECTION OF HUMAN RIGHTS.

THE

"I CAN CONFIRM THIS AFTERNOON THAT WE ARE NOW CONSIDERING ESTABLISHMENT OF SUCH AN ADVISORY COMMITTEE, HE SAID.

***

THE

THE

NOTING THAT THERE HAD BEEN REFERENCE DURING THE DEBATE TO INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS, AND TO

OF FACT

BILL DID NOT THAT THE

PROVISIONS INCORPORATE

THAT REASONS FOR COVENANT, SIR DAVID POINTED OUT THAT THERE WERE SEVERAL NOT TAKING THAT STEP.

THE

"THE RIGHTS ENSHRINED IN THE ICCPR AND THOSE IN THE ICESCR DIFFERENT IN NATURE AND IT WAS IN RECOGNITION OF THIS DIFFERENCE THE RIGHTS WERE INCLUDED IN TWO SEPARATE COVENANTS.

ARE

THAT

"MANY OF THE RIGHTS IN THE ECONOMIC COVENANT ARE NOT CAPABLE OF PRECISE LEGAL DEFINITION AND STATE PARTIES ARE OBLIGED ONLY TO REALISE THE RIGHTS AND FREEDOMS CONTAINED IN

COVENANT PROGRESSIVELY, ACCORDING TO AVAILABLE RESOURCES," HE SAID.

THAT

/SIR DAVID