A/HRC/43/31 III. Technical assistance, capacity-building and human rights 20. The Charter of the United Nations makes numerous references to human rights; indeed, it was the first international obligatory instrument to make explicit mention of human rights. In the Preamble, the Charter reaffirms faith in human rights and fundamental freedoms; Article 1, paragraph 3 stresses the promotion and respect of human rights for all human beings, without distinction; Article 13, paragraph (b) refers to the realization of human rights through international cooperation; Article 55, paragraph (c) identifies universal respect and observance of human rights as one of the conditions of stability and friendly relations between nations; and Article 56, States pledge to cooperate with the United Nations for the achievement of the purposes set forth in Article 55, inter alia, human rights. 21. The Universal Declaration of Human Rights, adopted by the General Assembly in its resolution 217 (A) III, has always guided the United Nations in its work of protection and promotion of human. 22. In 1955, and after some ad hoc technical assistance in the field of human rights, the General Assembly established in its resolution 926 (X) the advisory services in the field of human rights programme. In that resolution, the Assembly authorized the Secretary-General to make provision, at the request of Governments, for assistance in the field of human rights, including advisory services of experts, fellowships, scholarships and seminars. Subsequently, the Assembly broadened the scope of the programme to include national and regional human rights courses. 23. In November 1987, the Secretary-General, pursuant to Commission on Human Rights resolution 1987/38 and Economic and Social Council decision 1987/147, established the United Nations Voluntary Fund for Advisory Services and Technical Assistance in the Field of Human Rights. The main task of the fund was to provide additional financial support for practical activities, such as the implementation of international treaties adopted by the United Nations and its specialized agencies and regional organizations. 24. The Commission on Human Rights used the Voluntary Fund to finance many activities in the field of human rights, such as for: (a) Expert and technical assistance to Governments, in order to develop the infrastructure necessary to meet international standards; (b) judiciary; Projects for the legal protection and strengthening of the independence of the (c) Comprehensive needs assessment and overall country programmes, including specific projects aimed at strengthening the human rights infrastructure of the country; (d) Projects that could play a catalytic role in the practical realization of internationally recognized human rights. 25. If a technical or pragmatic approach is to be taken to a particular project or programme, the recipient societies should be observed more closely. This is an important opportunity, because a donor’s policymakers otherwise tend to implement their imprinted pre-fixed ideas. Such a hasty and unilateral imposition of values believed to be universal not only makes the projects not viable, but also generates nihilism in the recipient society about universalism and the concept of international community itself. 26. Many cases of failure in the field of legal assistance illustrate such a lesson. Some failures are least partly due to the fact that knowledge of the recipient society is poor. In many developing countries, there is no infrastructure to ensure the proper functioning of the court system, well-trained lawyers are rare, and the social basis for implementation of court decisions is lacking.In such a context, the first priority might be given to fostering lawabiding spirits and the establishment of an internal control system of administration. The establishment of career models for lawyers, working not only for States, but also independent, would have to follow, rather than immediate establishment of a court redress system against governmental abuses. 5

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents