حلقة النقاش الرفيعة المستوى المخصصة للذكرى السنوية الخامسة والستين لاتفاقية منع جريمة الإبادة الجماعية والمعاقبة عليها

Human Rights Council 25th Session

Opening remarks of
Ms. Navi Pillay
United Nations High Commissioner for Human Rights

7th March, 2014, 12:00p.m.-15:00 p.m.
Salle XX, Palais des Nations

Mr President,
Excellencies,
Ladies and Gentlemen

The Genocide Convention was the first human rights treaty adopted by the United Nations, in 1948. Today it remains a sombre and urgent document. Once again, I encourage those States that have not yet done so to become parties to this profoundly important Convention, and to ensure that it is fully and universally implemented.

The prohibition of genocide is not an ordinary rule of international law: it is jus cogens -- a fundamental, overriding principle. Every State must ensure that its agencies and officials do not commit acts of genocide, and they are also under a legal obligation to take all measures within their powers to prevent genocide “wherever they may be acting or may be able to act”. This includes using all the influence they can deploy to contribute to preventing acts of genocide anywhere in the world.

Root causes

Genocide and other mass atrocities are never unleashed without warning. They are the culmination of a long period of human rights violations -- whether civil, cultural, economic, political or social – that have been ignored, giving rise to social divisions, institutional failure and clearly identifiable patterns of systematic discrimination.

As Judge then President of the Rwanda Tribunal for several years, I heard witnesses and victims testify that direct and public incitement to commit genocide against Tutsis permeated gradually through society and led to the perpetration of other acts of genocide. It was like a pool of petrol forming drop by drop, until a flash of violence set the whole country alight.

Discrimination lays the ground for violence and persecution, de‑humanisation of entire communities, and ultimately genocide.  The Committee on the Elimination of Racial Discrimination has identified key factors that may lead to genocide and which need to be acted upon immediately.  These include systematic official denial of the existence of distinct groups; biased accounts of historical events that serve to demonize these groups; and political leaders who foster tensions by encouraging exclusionary ideologies, justifying discrimination, or even violence.

Role of human rights mechanisms and UN entities

 Human rights treaty bodies and the Human Rights Council, through the Universal Periodic Review and the work of special procedure mandate holders,  have a major role to play in the prevention of genocide,. They may gather signs that indicate that discrimination and violence are seeping into society, and these should focus the attention -- and action -- of the international community.

My Office, which benefits from information gathered by field presences in more than 60 countries, by the UN Country Team and civil society actors, has not shied away from speaking out when there is a risk of genocide or mass atrocity. In this regard, I welcome our close cooperation with the Office of the Secretary-General’s Special Advisers on the Prevention of Genocide and the Responsibility to Protect.

The prevention of genocide and other mass atrocities concern all UN entities. The Secretary-General’s Rights Up Front plan of action was created in response to the Internal Review Panel on UN Action in Sri Lanka, to ensure that UN activities are underpinned by a more robust system for timely gathering and analysis of information on threats to populations, so that it can be used strategically. I firmly believe that full implementation of this plan will assist the international community in its solemn duty to prevent genocide and other mass atrocity crimes.

Combating impunity and its role in the prevention of genocide

The scars of mass atrocity are deep and painful, and only the exercise of justice can help surmount that pain. The Genocide Convention requires States to ensure that perpetrators will not enjoy impunity. Accountability is vital to assuring victims’ rights to effective remedy. Only renewal of the rule of law and accountability can reshape society after such profound trauma, so that it can reinstate the principles of equality, dignity and human rights.  

Over the past 20 years, several international and hybrid tribunals have been created to ensure accountability and deterrence, among them the International Criminal Court (ICC).  However, to fully play its role as a powerful deterrent, the ICC must be backed by a sustained commitment from all stakeholders, including the full cooperation of all States. A successful ICC will be one that sees universal acceptance of its jurisdiction, without limits to its reach and exception. To date, 122 States have ratified the Rome Statute.  I urge all remaining States to join them.

National prosecution and challenges

However, international justice is the last resort. International law requires States to take appropriate measures within their domestic legal systems to investigate, prosecute and punish the perpetrators of genocide. They face many challenges. There may be no clear political commitment to accountability. The proper performance of justice regarding genocide and other mass atrocity crimes should be depoliticized, and requires respect for all relevant human rights norms and standards, in particular the independence of the judiciary, due process and fair trial. It also rests on the capacity to investigate and prosecute acts that necessarily have affected large numbers of victims. The perpetrators may have included official entities and individuals who were, or may remain, politically powerful.  Inadequate or non-existent legislation and programmes to ensure protection for witnesses and victims may also present an obstacle.

Reparation

The right of victims to seek reparation for genocide and other heinous crimes is strongly recognized by the Rome Statute of the ICC. In August 2012, an historic and milestone decision on reparation was issued by the ICC in the Lubanga case. It sets out important principles for reparation, confirming that the victims of international crimes should be at the centre of reparation processes, and that the needs of vulnerable victims, including children and victims of sexual and gender-based violence, must be addressed as a priority.  I urge States to support these processes, so that they are as comprehensive and successful as possible.

Excellencies,

Genocide is the ultimate crime: a profound and whole-scale violation of human rights. Too often, it is preceded by repeated warning signs that fail to receive a strong and early international response. We must be alert to them. We must respond swiftly and in unison to protect human rights, democracy and the rule of law to prevent genocide.

I look forward to hearing your views and opinions as to how we can all better work to accomplish the important goals of the Genocide Convention.