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SENIOR OFFICIALS ADDRESSING COMMISSION ON HUMAN RIGHTS RAISE NEED TO FULFIL RIGHT TO DEVELOPMENT
17 March 2004
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Commission on Human Rights
MORNING 17 March 2004
Other Speakers at High-Level Segment Discuss Issues Concerning Globalization and Terrorism, Describe National Efforts to Foster Human Rights and Rule of Law
The need to refocus the attention of the Commission on Human Rights on fulfilling the right to development and the indivisible and interdependent nature of all human rights – civil, political, economic, social and cultural – was raised at the high-level segment of the Commission on Human Rights this morning.
Reaz Rahman, State Minister for Foreign Affairs of Bangladesh, said that given the trend within the Commission to focus disproportionately on civil and political rights, the need for a more balanced approach with emphasis on economic, social and cultural rights – in particular, the right to development – was felt. It was essential to reach a consensus to operationalize the right to development in all its aspects, and to complement developing countries’ national efforts with enhanced international cooperation.
Further affirming the need for development, Monique Ilboudo, Minister of Promotion of Human Rights of Burkina Faso, said socio-economic rights were tributary to the development of States. There was a need to work towards a more equal and universal distribution of humanity’s wealth. The principle of the indivisibility of all human rights, civil, political, economic, social and cultural, their universal and undividable character had been reflected in the 1948 Universal Declaration of Human Rights and the international community should work to create the conditions of its implementation at all levels.
Among the other issues raised by the ten high-ranking Government officials addressing the Commission on the third day of its high-level segment were the need to redress the often adverse affects of globalization and the need to balance the fight against terrorism with continued respect for human rights. Several officials spoke about the human rights situation in their particular States.
Torki bin Mohammed bin Saud Al-Kabeer, Assistant Deputy Minister for Political Affairs of Saudi Arabia, said the phenomenon of globalization posed immense challenges and should be adapted to become a tool reflecting rapprochement and natural cooperation among nations to achieve social justice, comprehensive development and equality between countries. Threats such as poverty, which had proliferated either due to environmental causes or as a result of the inability to confront challenges of international competition in various fields due to constantly increasing globalization, should be addressed through joint effort.
Mladen Ivanic, Minister for Foreign Affairs of Bosnia and Herzegovina, said that his country had continued its efforts for the full implementation of the Dayton-Paris Peace Agreement and had furthered compliance with international and European standards for the promotion and protection of the human rights of its citizens. Recent developments clearly confirmed that the country was gradually taking over its domestic and international responsibilities and obligations and that the concerted efforts of the international community and local authorities in the post war period in the country could be a good example of efficient international intervention.
Marta Altolaguirre, Vice-Minister for Foreign Affairs of Guatemala, noted that a new Government had taken office in her country this past January. Its aim continued to be national unity and the inclusion of the population in the manner necessary for real democracy, as well as combating hunger, extreme poverty and the need to rebuild a multicultural State. Among the first initiatives undertaken had been the establishment of a commission charged with follow-up monitoring and evaluation of the peace process and the establishment of a national office of a high commissioner of human rights.
Manuela Franco, Secretary of State for Foreign Affairs and Cooperation of Portugal, said human rights had been the field of battle for the ever-shifting border between national sovereignty and the right and duty of international intervention in defense of human rights. Violent conflict, which remained one of the most important obstacles to upholding human rights, continued to impede the development of many countries. Breaking this tragic cycle posed huge challenges to the international community and would require sophisticated responses. Frequently, it had been made clear that the cost in human and economic terms of restoring and maintaining peace was huge compared to preventive action.
Felipe Perez Roque, Minister for Foreign Affairs of Cuba, said his country had been waging a battle for 17 years now against cynical attempts by the United States to condemn it at the Commission on Human Rights. By mid-April, the Commission would be faced once more with the dilemma of condemning Cuba or defending the right to independence, self-determination and development. For its part, Cuba did not accept the request to receive a Representative of the High Commissioner for Human Rights, and rejected the politicized and partial report distributed by the Personal Representative of the High Commissioner.
Yuri Fedotov, Deputy Minister of Foreign Affairs of the Russian Federation, said the consequences of terrorist acts affected every aspect of life, including the protection of human rights. Gross and massive violations of human rights required prompt and effective reaction from the international community; this was true for cases of blatant systematic violations of human rights norms and standards as could occur during emergency situations. It was inadmissible to ignore serious infringements upon human rights and fundamental freedoms in countries which were considered to have a clean human rights record.
Asma Khader, Minister of State and Government Spokesperson of Jordan, said that in attempting to fulfill the Millennium Development Goals, Jordan had accelerated its political and economic reform processes as guided by the conclusions outlined in the United Nations Development Programme’s report on Human Development in the Arab World. The Government was strengthening the relationship between the State’s institutions and its citizens by inviting all civil society and the private sector to be active partners in building a more modern and forward looking State and society in which all participated in decision making.
Bernard Bot, Minister of Foreign Affairs of the Netherlands, said terrorism ignored borders, as did many other threats and challenges facing the international community. For that reason, his country, together with its European Union partners, believed in effective multilateralism, in which regard the United Nations should be reformed and strengthened, as well as the multilateral cooperation of the international community. Effective multilateralism should include a credible and effective multilateral human rights system, the International Criminal Court being one of its building blocks.
A Representative of India spoke in right of reply.
The Commission will reconvene at 3 p.m. to continue with its high-level segment.
Statements
TORKI BIN MOHAMMED BIN SAUD AL-KABEER, Assistant Deputy Minister for Political Affairs and Head of the International Organizations Department, Ministry of Foreign Affairs of Saudi Arabia, said despite the optimism concerning a better future for mankind, a bright future in which the principles of law would predominate and the cultures and traditions of peoples would be respected, experience indicated that it was hard to transform such dreams into realities. Tremendous efforts had been made by the United Nations and its specialized agencies in past decades, which had been an important factor in promoting international cooperation and stability. Thus, the United Nations was urged to promote international relations based on the principles enshrined in its Charter.
The phenomenon of globalization was facing the world with immense challenges. By globalizing economics, large economies were sweeping away smaller ones; by globalizing culture and media, those of the major powers were overwhelming the cultures of developing countries; and by globalizing social life, extraneous traditions were penetrating indigenous ones. Globalization had even had an impact on democracy and human rights insofar as those claiming to be promoters of democracy and protectors of human rights were imposing different concepts and principles on societies without regard for the cultures and values that constituted the main source of their values, principles, and social fabrics. Consequently, the phenomenon needed to be adapted so that it became a tool reflecting rapprochement and natural cooperation among nations in order to achieve social justice, comprehensive development and equality between countries and expand the scope of joint action on issues such as security, peace, stability, and development throughout the world.
The threats and phenomena facing the world and requiring joint efforts included poverty, which had proliferated either due to environmental causes or as a result of the inability to confront challenges of international competition in various fields due to constantly increasing globalization. The accumulation of problems and concerns should not however frustrate the pursuit of the objectives and principles for which this Commission was created, and the post of the High Commissioner which was established in order to preserve these rights, ensure justice and avoid double standards and politicization of this important subject. There was confidence that this meeting would be a valuable opportunity to examine and discuss, in a spirit of cooperation and optimism, many problems and issues.
MLADEN IVANIC, Minister of Foreign Affairs of Bosnia and Herzegovina, noted that his country had continued its efforts towards the full implementation of the Dayton-Paris Peace Agreement and further compliance with international and European standards for the promotion and protection of human rights of its citizens. The Thessaloniki Summit held in June last year had confirmed the willingness of the European Union to concretely support the efforts of the South Eastern European countries on their way to integration into the European Union. It had also given a strong political signal to those countries to accelerate their political, legislative, economic and social reforms. At the same time, South East European countries had to put greater efforts into full realization of the required reforms aiming at social and economic cohesion.
Bosnia and Herzegovina had accelerated further reforms aiming at fulfilling the targets set by the European Commission. All those developments clearly confirmed that the country was gradually taking over its domestic and international responsibilities and obligations and that the concerted efforts of the international community and local authorities in the post war period in the country could be a good example of efficient international intervention. At present, the Government and its institutions were taking over further responsibilities and demonstrating the commitment to economic and political reforms, democratic state building and establishment of the rule of law.
Since the war had ended in Bosnia and Herzegovina, about one million refugees and internally displaced persons had returned to their pre-war homes, which was considered to be an important achievement. Compared to the previous year, there was, regrettably, still a significant number of those who did not return to their pre-war homes, and the reasons were not of political but financial nature. In a difficult post-war economic situation, lack of employment was the main obstacle for return. This was reflected in the position of more 20,000 Serb refugees from Croatia, who were still in the process of regaining their property.
MARTA ALTOLAGUIRRE, Vice-Minister for Foreign Affairs of Guatemala, noted that a new Government had taken office in her country this past January. Among the first initiatives of the new President had been the establishment of a commission charged with follow-up monitoring and evaluation of the peace process, whose work was to be undertaken with an energy and decisiveness to facilitate national reconciliation. It was recognized that a fundamental element in redressing instances of violations of human rights was that they be investigated and the perpetrators punished. Thus, among other actions, a new Attorney General had been appointed two weeks ago and he was called upon to promote investigations into serious cases of human rights violations during the country’s internal conflict. The new Attorney General had shown his determination to persevere in that aim through his actions with regard to organized crime and corruption, phenomena which had beset and impoverished the State. In other actions, a civic security programme had been established, incorporating a crime prevention policy for the integral prevention of crime and the promotion of youth. And on the issue of security forces, operations had been started which aimed to control trafficking in persons at the country’s borders, where the exploitation of women, among other problems, had been witnessed. There had also been a presidential commitment to continuing the administrative decentralization of the State, as well as to a policy of exhumations as a part of the search for the truth.
Within weeks of taking office, the new President had carried out the previously unfulfilled duty to pay tribute to the victims of the country’s internal conflict, she noted. The plan for compensation, finalized in May 2003, was considered a governmental priority and some achievements had already been made in the redistribution of land to peasants. The Government’s aim continued to be national unity and the inclusion of the population in the manner necessary for real democracy, as well as combating hunger, extreme poverty and the need to rebuild a multi-cultural State. Continual support would be given to strengthening institutions and the implementation of the peace agenda. One priority was the establishment of a national office of a high commissioner of human rights, which was of fundamental importance given the fact that the United Nations mission to Guatemala would conclude at the end of the year.
On the subject of violence against women, Ms. Altolaguirre noted that the most recent visit to her country had been made by the Special Rapporteur on that subject. Welcoming the declaration on violence against women that had been issued on the sidelines of the Commission’s present session, she acknowledged that the growing instances of violence against women deserved immediate action from the authorities, who should combat instances of crime as well as the patriarchal authority that enabled it. There was a need for tangible action to condemn gender-based violence. Guatemala had taken note of the Special Rapporteur’s recommendations, which had been classified so that they could be assigned to appropriate State institutions. Moreover, on International Women’s Day, the President had expressed his wish to promote women’s involvement in economic activities and to eliminate discrimination against women. Furthermore, on the issue of indigenous peoples, national efforts to combat the discrimination they had historically suffered from should be redoubled. The President had reaffirmed his commitment to the obligations deriving from the agreement on the right of indigenous peoples to be included in Guatemalan society.
MONIQUE ILBOUDO, Minister of Promotion of Human Rights of Burkina Faso, said despite engagements undertaken during previous sessions, humanity continued to undergo traumatism and drama which shocked the conscience and put all present face to face with their responsibilities. Furthermore, the sixtieth session was taking place in an international context that was hardly more reassuring than that of the preceding session. War and armed conflicts continued to ravage the planet, and terrorism continued to harm victims. Poverty was also a form of violence, a drama lived by a great majority of the population of this dichotomous world. Numerous illnesses such as AIDS and malaria decimated the strength of nations, annihilating hopes for development, making irrelevant the right to life. Women also continued to undergo multiple forms of discrimination and violence.
The principle of the indivisibility of all human rights, civil, economic, political, social and cultural, and their universal and undividable character was reflected in the Declaration on Human Rights of 1948, and the international community should work to create the conditions of its implementation at all levels. The rights set out in the Declaration, particularly socio-economic rights, were tributary to the level of development of States, and there was a need to work towards a more equal universal distribution of humanity’s wealth. This last was an issue of human solidarity. The fields of protection of the environment, access to medicine or information and communication technologies were areas in which solidarity should be effective in order to ensure development based on human rights.
Burkina Faso had particular concerns with regard to the issue of peace and security in the West African sub-region, particularly those of violations of human rights and fundamental freedoms during conflicts. These preoccupations and concerns were justified by the discrimination, hatred and xenophobia which frequently incited grave and massive violations of human rights. The Commission and the entire international community were invited to combine their efforts, with what already existed but was insufficient, in order to allow the world to renew peace and solidarity for the happiness of all peoples.
MANUELA FRANCO, Secretary of State for Foreign Affairs and Cooperation of Portugal, said that after passing moral judgments on such actions as the recent attacks in Madrid, there was a need to move to the next step, which was to take responsibility for preventing the dark forces from achieving their objectives. This was a deliberate attempt to highjack the rule of reason, the very foundation of the rights of man. The precious freedom that had been achieved over the centuries had been built on the separation of the City of Man from the City of God. For better and for worse, in good and bad times, humanity was the inheritor of a tradition that was first rooted in the fact that life was the highest good. Now, if instead of upholding the rule of reason, humanity was to fall into the trap of rationalizing the unacceptable and started to figure out myriad explainable causes for such barbarian behaviour, who knew how soon someone might recommend rolling back the same individual freedoms that were the very foundation of western prosperity. There was a cost, a moral, political, and now often personal cost to defending beliefs and the way societies were organized. But the cost was worth paying, given the alternatives. The lessons of European history showed that there could be liberty without democracy, but not democracy without liberty.
Politics and human rights were becoming global. Moral matters were now part of the politics of many nations. However, ethics had not taken over, and often, even always, the application of moral standards was selective. The human rights field had been a field battle for an ever shifting border between national sovereignty and the right and even duty of international intervention in defense of human rights. Violent conflict remained one of the most important obstacles to upholding human rights. The development of many countries was being impeded by the devastating effects of years of conflict. Breaking this tragic cycle posed huge challenges to the international community, and required sophisticated responses. Frequently, it was clear that the cost in human and economic terms of restoring and maintaining peace was huge compared to any preventive action, had such been taken.
Security and respect for human rights could not be separated. Without security, citizens could not fully enjoy their human rights. And without respect for human rights, long-term security was not possible. Human rights violations often acted as an early warning system. If there was to be, ultimately, any real success in preventing violent conflict, the international community should act at all levels. By taking firm action to address human rights violations wherever they occurred, the international community could help address the root causes of conflict. The human rights mechanisms of the Commission played a vital role; by promoting human rights and holding Governments accountable, it also promoted the long-term security which was in the interest of all.
FELIPE PEREZ ROQUE, Minister for Foreign Affairs of Cuba, said that for 17 years now, Cuba had been waging a battle at the Commission on Human Rights against the cynical attempts by the United States Government to condemn it. These had been rough years, but the Cuban people, under the leadership of Fidel Castro, did not surrender, did not relinquish their fight for Cuba and for all those who defended both justice and freedom around the world, for all those who believed that a better world was possible. Cuba’s dignified endurance against the disgrace and the lies had earned recognition and support among the members of the Commission, which had chagrined the United States and caused it to use other Governments for its ends. This farce had lasted until 2001. The peoples of Latin America, in their turn, had demanded that their Governments did not join in the condemnation of Cuba.
Whoever did not have the courage to stand up to the unilateral hegemony of the superpower should at least remain silent and not act as an accessory to the aggression against Cuba. That country should defend the right of the small besieged country instead of befriending the irrational hatred of the aggressor. By mid-April once again, this Commission would be faced with the dilemma of condemning Cuba or defending the right to independence, self-determination and development of a noble and generous people that had never been absent when it had been necessary to fight for a just cause in the world; a people who had fought apartheid, a people who had always supported those who fought the bloody military dictatorships sponsored by the United States in Latin America.
Cuba rejected the idea that this was only a procedural resolution, and did not accept to be accused at this Commission in a high-handed politicized and discriminatory manner. It did not accept the fact that only Third World countries were always the accused at this Commission. Therefore, Cuba did not accept the request to receive a representative of the High Commissioner for Human Rights, and rejected the politicized and partial report distributed by the Personal Representative of the High Commissioner. It vindicated the right to enforce its laws to defend itself from the aggression, to prosecute the mercenaries who cooperated with the blockade, and the aggressive policy of the superpower which wished to re-conquer and subdue its people. Cuba would not surrender, or accept pressures, nor would it fall.
YURI FEDOTOV, Deputy Minister of Foreign Affairs of the Russian Federation, said international relations and inter-State cooperation in the field of human rights did not represent a given value; it was a complex system which underwent the process of constant change and development, and Russia believed that universally recognized standards in the field of human rights, which States were called upon to promote and protect, were in the heart of this system. A relevant international machinery was needed in order to react adequately to the new challenges and threats in the field of human rights. Therefore, the need for the improvement of efficiency and effectiveness of work of the Commission was becoming more pressing than ever. There was also a need for adjustment of the fundamental approaches of States and NGOs with respect to the discussion of important human rights issues. The main objective of the Commission, the promotion of a constructive dialogue on all human rights issues, was only possible under conditions of mutual respect and common and fair willingness to resolve existing problems.
The consequences of terrorist acts affected each and every aspect of lives without any exception, including the protection of human rights, since terrorists and their accomplices endangered the most important of all rights: the right to life. Gross and massive violations of human rights, wherever committed, required a prompt and effective reaction from the international community. This was first and foremost true for the cases of blatant systematic violations of human rights norms and standards, as these could occur during, for instance, emergency situations. However, it was inadmissible to ignore serious infringements upon human rights and fundamental freedoms in countries which were considered to have a clean human rights record. Discrimination against minorities, disrespect for fundamental principles of legal procedure and other violations represented a negative environment and a source of new conflict situations.
The Commission should not and could not ignore the serious symptoms pointing to the illness in the very centre of Europe. Human rights activity, as the acting High Commissioner had said, was of great importance to the achievement of the objectives of the United Nations. Moreover, the promotion of inter-State cooperation in this field was embodied in the Charter as one of the main objectives of the United Nations, and this was why Russia was convinced that the discussion of this issue in the United Nations should serve the rapprochement of countries.
REAZ RAHMAN, State Minister for Foreign Affairs of Bangladesh, said that respect for human rights and fundamental freedoms for all was a constitutional commitment, in keeping with which his country had endeavoured to develop progressively its national mechanisms and institutions to establish the rule of law, justice and human rights for all citizens, with special focus on women, children and minorities. Since taking office in 2001, the Government had continued efforts to establish and strengthen the foundations of a liberal democratic system through capacity building and the development of institutions. Priority attention had been given to the development of a national human rights commission, ombudsman, an independent anti-corruption commission, separation of the judiciary from the executive and overall strengthening of the rule of law. Furthermore, those steps constituted only a part of the Government’s efforts, which also included the establishment of a process of accountability against which the Government was constantly measured by a free press, vocal opposition and an active civil society. And although much remained to be done, there was commitment and resolve to address imperfections.
Cognizant that poverty constituted a denial of fundamental human rights, the national development plan focused on sustainable development through poverty alleviation, he added. Experience showed that the most effective approach to poverty alleviation lay in the empowerment of the people, to which the success of Bangladesh’s micro-credit initiatives attested. In particular, women had been the beneficiaries of that approach, and through their economic empowerment had come greater awareness among women of their rights, as well as greater respect for their human rights in society as a whole. Empowerment of women and mainstreaming them into the national development process had been given the highest priority; the Government had recently decided to reserve 45 parliamentary seats for women to ensure proper representation.
As an open society in which all shades of opinion and belief were freely expressed, Bangladesh took great pride in its religious and communal harmony, Mr. Rahman said. Although the population was predominantly Muslim, there was a tradition of peaceful coexistence among all religious groups and the Constitution laid out clearly the fundamental rights and freedoms of every citizen without distinction as to race, religion or gender. Special provisions had been adopted for economically disadvantaged groups such as minority and tribal populations. Overall, the country adhered strongly to the indivisibility, universality, non-selectivity and interdependence of all human rights and favoured a holistic approach. Thus, given the trend that had appeared within the Commission to focus disproportionately on civil and political rights, the need for a more balanced approach with emphasis on economic, social and cultural rights – in particular, the right to development – was felt. It was essential to reach a consensus to operationalize the right to development in all its aspects, and to complement developing countries’ national efforts with enhanced international cooperation.
ASMA KHADER, Minister of State and Government Spokesperson of Jordan, said Jordan was fully committed towards the promotion and protection of human rights. Over the years, it had spared no effort in its endeavours to live up to all its international obligations in this regard, and was determined to move further. Attempting to fulfil the Millennium Development Goals, Jordan had accelerated its political and economic reform processes guided by the conclusions outlined in the United Nations Development Programme’s report on Human Development in the Arab World. Jordan’s Government was thus strengthening the relationship between the State’s institutions and the citizens by inviting all civil society and the private sector to be active partners in building a more modern and forward looking State and society where all participated in decision making and burdening responsibilities.
For example, strategies that aimed at enabling women to play key roles and at all levels were undertaken to bridge the gender gap, Ms. Khader said. These efforts had culminated in Jordan’s success, since it currently had the highest percentage of women serving in the legislative and executive branches of Government in the Arab World. In the field of child rights, the Jordanian Government was in the final process of drafting a national strategy to combat child labour.
With regard to the aspired reforms in the Middle East, these should stem from the aspirations and the will of the region’s people. The aspired and called for growth and stability would not bear fruit unless the core issue which was the Israeli-Palestinian conflict was adequately addressed and resolved. Steps should be taken to put the peace process back on track, emphasizing that Israeli current security policy had failed in ensuring security for the Israelis. As for Iraq, as it now entered a new phase, the eyes of the Iraqi people were today more than ever set on the international community, hoping to receive every possible assistance that would enable them to forge their way ahead in laying a solid foundation for building a promised future within the community of nations. The need for the continued role of the United Nations as an active player in the forthcoming political process was omnipresent. Finally, Jordan was unswervingly committed to the promotion and protection of human rights, as highlighted by Queen Rania, who said that Jordanians did not measure how fair they had gone in this domain, but how far they still had to go.
BERNARD BOT, Minister of Foreign Affairs of the Netherlands and Chair of the Committee of Ministers of the Council of Europe, said terrorism ignored borders, and so did many other threats and challenges the international community was faced with. That was why his country, together with its European Union partners, believed in effective multilateralism. The United Nations should be reformed and strengthened and the multilateral cooperation of the international community should also be strengthened. Effective multilateralism should include a credible and effective multilateral human rights system. Such a system was made up of essential building blocks, the International Criminal Court being one of them. Despite the many cries for freedom that could be heard around the world, the international community, regrettably, had not lived up to the expectations of the oppressed, be they victims of human trafficking, child labourers or political prisoners.
Building bridges was also the motto of the Dutch chairpersonship of the Committee of Ministers of the Council of Europe. The test of human rights policy was how it was implemented. The Council had useful mechanisms to monitor compliance with human rights obligations and to review their implementation. Those mechanisms required constant quality maintenance and improvement. The Council would bring together all 45 Member States and non-governmental organizations at a meeting in April, with the aim of producing recommendations on the efficiency of justice. The most important monitoring mechanism was the European Court of Human Rights. Over the past 15 years, the number of cases brought before the Court had risen so steeply that the Court risked becoming a victim of its own success. In order to prevent a growing backlog of cases, the Court's procedures and finances should be reformed. In addition, the Parliamentary Assembly of the Council had its own monitoring mechanisms.
Women faced infringements of their physical integrity. Women had a right to control their own bodies. In the Netherlands, female genital mutilation was punishable by law. However, in many cases people living in the country circumvented that law by temporarily returning to their countries of origin. In line with relevant resolutions and conventions, the Netherlands was tightening its laws to take that reality into account. The Government would also continue to provide financial support to countries and organizations that tried to ban this harmful practice.
Right of Reply
A Representative of India, speaking in a right of reply in reference to the statement made by the Secretary-General of the Organization of the Islamic Conference yesterday, said the statement had made unacceptable reference to an integral part of his country while welcoming the détente in relations between India and Pakistan. If the Organization was sincere and serious in seeing progress towards the objectives of peace, security and economic development for the peoples of India and Pakistan to which both leaders had committed themselves, they should desist from the temptation to make statements, which were patently inaccurate, and totally counterproductive. He rejected the Organization's prescription of what "the situation in Kashmir called for". He hoped that the Organization would overcome its frozen mindset and refrain from pursuing such statements.
* *** *
MORNING 17 March 2004
Other Speakers at High-Level Segment Discuss Issues Concerning Globalization and Terrorism, Describe National Efforts to Foster Human Rights and Rule of Law
The need to refocus the attention of the Commission on Human Rights on fulfilling the right to development and the indivisible and interdependent nature of all human rights – civil, political, economic, social and cultural – was raised at the high-level segment of the Commission on Human Rights this morning.
Reaz Rahman, State Minister for Foreign Affairs of Bangladesh, said that given the trend within the Commission to focus disproportionately on civil and political rights, the need for a more balanced approach with emphasis on economic, social and cultural rights – in particular, the right to development – was felt. It was essential to reach a consensus to operationalize the right to development in all its aspects, and to complement developing countries’ national efforts with enhanced international cooperation.
Further affirming the need for development, Monique Ilboudo, Minister of Promotion of Human Rights of Burkina Faso, said socio-economic rights were tributary to the development of States. There was a need to work towards a more equal and universal distribution of humanity’s wealth. The principle of the indivisibility of all human rights, civil, political, economic, social and cultural, their universal and undividable character had been reflected in the 1948 Universal Declaration of Human Rights and the international community should work to create the conditions of its implementation at all levels.
Among the other issues raised by the ten high-ranking Government officials addressing the Commission on the third day of its high-level segment were the need to redress the often adverse affects of globalization and the need to balance the fight against terrorism with continued respect for human rights. Several officials spoke about the human rights situation in their particular States.
Torki bin Mohammed bin Saud Al-Kabeer, Assistant Deputy Minister for Political Affairs of Saudi Arabia, said the phenomenon of globalization posed immense challenges and should be adapted to become a tool reflecting rapprochement and natural cooperation among nations to achieve social justice, comprehensive development and equality between countries. Threats such as poverty, which had proliferated either due to environmental causes or as a result of the inability to confront challenges of international competition in various fields due to constantly increasing globalization, should be addressed through joint effort.
Mladen Ivanic, Minister for Foreign Affairs of Bosnia and Herzegovina, said that his country had continued its efforts for the full implementation of the Dayton-Paris Peace Agreement and had furthered compliance with international and European standards for the promotion and protection of the human rights of its citizens. Recent developments clearly confirmed that the country was gradually taking over its domestic and international responsibilities and obligations and that the concerted efforts of the international community and local authorities in the post war period in the country could be a good example of efficient international intervention.
Marta Altolaguirre, Vice-Minister for Foreign Affairs of Guatemala, noted that a new Government had taken office in her country this past January. Its aim continued to be national unity and the inclusion of the population in the manner necessary for real democracy, as well as combating hunger, extreme poverty and the need to rebuild a multicultural State. Among the first initiatives undertaken had been the establishment of a commission charged with follow-up monitoring and evaluation of the peace process and the establishment of a national office of a high commissioner of human rights.
Manuela Franco, Secretary of State for Foreign Affairs and Cooperation of Portugal, said human rights had been the field of battle for the ever-shifting border between national sovereignty and the right and duty of international intervention in defense of human rights. Violent conflict, which remained one of the most important obstacles to upholding human rights, continued to impede the development of many countries. Breaking this tragic cycle posed huge challenges to the international community and would require sophisticated responses. Frequently, it had been made clear that the cost in human and economic terms of restoring and maintaining peace was huge compared to preventive action.
Felipe Perez Roque, Minister for Foreign Affairs of Cuba, said his country had been waging a battle for 17 years now against cynical attempts by the United States to condemn it at the Commission on Human Rights. By mid-April, the Commission would be faced once more with the dilemma of condemning Cuba or defending the right to independence, self-determination and development. For its part, Cuba did not accept the request to receive a Representative of the High Commissioner for Human Rights, and rejected the politicized and partial report distributed by the Personal Representative of the High Commissioner.
Yuri Fedotov, Deputy Minister of Foreign Affairs of the Russian Federation, said the consequences of terrorist acts affected every aspect of life, including the protection of human rights. Gross and massive violations of human rights required prompt and effective reaction from the international community; this was true for cases of blatant systematic violations of human rights norms and standards as could occur during emergency situations. It was inadmissible to ignore serious infringements upon human rights and fundamental freedoms in countries which were considered to have a clean human rights record.
Asma Khader, Minister of State and Government Spokesperson of Jordan, said that in attempting to fulfill the Millennium Development Goals, Jordan had accelerated its political and economic reform processes as guided by the conclusions outlined in the United Nations Development Programme’s report on Human Development in the Arab World. The Government was strengthening the relationship between the State’s institutions and its citizens by inviting all civil society and the private sector to be active partners in building a more modern and forward looking State and society in which all participated in decision making.
Bernard Bot, Minister of Foreign Affairs of the Netherlands, said terrorism ignored borders, as did many other threats and challenges facing the international community. For that reason, his country, together with its European Union partners, believed in effective multilateralism, in which regard the United Nations should be reformed and strengthened, as well as the multilateral cooperation of the international community. Effective multilateralism should include a credible and effective multilateral human rights system, the International Criminal Court being one of its building blocks.
A Representative of India spoke in right of reply.
The Commission will reconvene at 3 p.m. to continue with its high-level segment.
Statements
TORKI BIN MOHAMMED BIN SAUD AL-KABEER, Assistant Deputy Minister for Political Affairs and Head of the International Organizations Department, Ministry of Foreign Affairs of Saudi Arabia, said despite the optimism concerning a better future for mankind, a bright future in which the principles of law would predominate and the cultures and traditions of peoples would be respected, experience indicated that it was hard to transform such dreams into realities. Tremendous efforts had been made by the United Nations and its specialized agencies in past decades, which had been an important factor in promoting international cooperation and stability. Thus, the United Nations was urged to promote international relations based on the principles enshrined in its Charter.
The phenomenon of globalization was facing the world with immense challenges. By globalizing economics, large economies were sweeping away smaller ones; by globalizing culture and media, those of the major powers were overwhelming the cultures of developing countries; and by globalizing social life, extraneous traditions were penetrating indigenous ones. Globalization had even had an impact on democracy and human rights insofar as those claiming to be promoters of democracy and protectors of human rights were imposing different concepts and principles on societies without regard for the cultures and values that constituted the main source of their values, principles, and social fabrics. Consequently, the phenomenon needed to be adapted so that it became a tool reflecting rapprochement and natural cooperation among nations in order to achieve social justice, comprehensive development and equality between countries and expand the scope of joint action on issues such as security, peace, stability, and development throughout the world.
The threats and phenomena facing the world and requiring joint efforts included poverty, which had proliferated either due to environmental causes or as a result of the inability to confront challenges of international competition in various fields due to constantly increasing globalization. The accumulation of problems and concerns should not however frustrate the pursuit of the objectives and principles for which this Commission was created, and the post of the High Commissioner which was established in order to preserve these rights, ensure justice and avoid double standards and politicization of this important subject. There was confidence that this meeting would be a valuable opportunity to examine and discuss, in a spirit of cooperation and optimism, many problems and issues.
MLADEN IVANIC, Minister of Foreign Affairs of Bosnia and Herzegovina, noted that his country had continued its efforts towards the full implementation of the Dayton-Paris Peace Agreement and further compliance with international and European standards for the promotion and protection of human rights of its citizens. The Thessaloniki Summit held in June last year had confirmed the willingness of the European Union to concretely support the efforts of the South Eastern European countries on their way to integration into the European Union. It had also given a strong political signal to those countries to accelerate their political, legislative, economic and social reforms. At the same time, South East European countries had to put greater efforts into full realization of the required reforms aiming at social and economic cohesion.
Bosnia and Herzegovina had accelerated further reforms aiming at fulfilling the targets set by the European Commission. All those developments clearly confirmed that the country was gradually taking over its domestic and international responsibilities and obligations and that the concerted efforts of the international community and local authorities in the post war period in the country could be a good example of efficient international intervention. At present, the Government and its institutions were taking over further responsibilities and demonstrating the commitment to economic and political reforms, democratic state building and establishment of the rule of law.
Since the war had ended in Bosnia and Herzegovina, about one million refugees and internally displaced persons had returned to their pre-war homes, which was considered to be an important achievement. Compared to the previous year, there was, regrettably, still a significant number of those who did not return to their pre-war homes, and the reasons were not of political but financial nature. In a difficult post-war economic situation, lack of employment was the main obstacle for return. This was reflected in the position of more 20,000 Serb refugees from Croatia, who were still in the process of regaining their property.
MARTA ALTOLAGUIRRE, Vice-Minister for Foreign Affairs of Guatemala, noted that a new Government had taken office in her country this past January. Among the first initiatives of the new President had been the establishment of a commission charged with follow-up monitoring and evaluation of the peace process, whose work was to be undertaken with an energy and decisiveness to facilitate national reconciliation. It was recognized that a fundamental element in redressing instances of violations of human rights was that they be investigated and the perpetrators punished. Thus, among other actions, a new Attorney General had been appointed two weeks ago and he was called upon to promote investigations into serious cases of human rights violations during the country’s internal conflict. The new Attorney General had shown his determination to persevere in that aim through his actions with regard to organized crime and corruption, phenomena which had beset and impoverished the State. In other actions, a civic security programme had been established, incorporating a crime prevention policy for the integral prevention of crime and the promotion of youth. And on the issue of security forces, operations had been started which aimed to control trafficking in persons at the country’s borders, where the exploitation of women, among other problems, had been witnessed. There had also been a presidential commitment to continuing the administrative decentralization of the State, as well as to a policy of exhumations as a part of the search for the truth.
Within weeks of taking office, the new President had carried out the previously unfulfilled duty to pay tribute to the victims of the country’s internal conflict, she noted. The plan for compensation, finalized in May 2003, was considered a governmental priority and some achievements had already been made in the redistribution of land to peasants. The Government’s aim continued to be national unity and the inclusion of the population in the manner necessary for real democracy, as well as combating hunger, extreme poverty and the need to rebuild a multi-cultural State. Continual support would be given to strengthening institutions and the implementation of the peace agenda. One priority was the establishment of a national office of a high commissioner of human rights, which was of fundamental importance given the fact that the United Nations mission to Guatemala would conclude at the end of the year.
On the subject of violence against women, Ms. Altolaguirre noted that the most recent visit to her country had been made by the Special Rapporteur on that subject. Welcoming the declaration on violence against women that had been issued on the sidelines of the Commission’s present session, she acknowledged that the growing instances of violence against women deserved immediate action from the authorities, who should combat instances of crime as well as the patriarchal authority that enabled it. There was a need for tangible action to condemn gender-based violence. Guatemala had taken note of the Special Rapporteur’s recommendations, which had been classified so that they could be assigned to appropriate State institutions. Moreover, on International Women’s Day, the President had expressed his wish to promote women’s involvement in economic activities and to eliminate discrimination against women. Furthermore, on the issue of indigenous peoples, national efforts to combat the discrimination they had historically suffered from should be redoubled. The President had reaffirmed his commitment to the obligations deriving from the agreement on the right of indigenous peoples to be included in Guatemalan society.
MONIQUE ILBOUDO, Minister of Promotion of Human Rights of Burkina Faso, said despite engagements undertaken during previous sessions, humanity continued to undergo traumatism and drama which shocked the conscience and put all present face to face with their responsibilities. Furthermore, the sixtieth session was taking place in an international context that was hardly more reassuring than that of the preceding session. War and armed conflicts continued to ravage the planet, and terrorism continued to harm victims. Poverty was also a form of violence, a drama lived by a great majority of the population of this dichotomous world. Numerous illnesses such as AIDS and malaria decimated the strength of nations, annihilating hopes for development, making irrelevant the right to life. Women also continued to undergo multiple forms of discrimination and violence.
The principle of the indivisibility of all human rights, civil, economic, political, social and cultural, and their universal and undividable character was reflected in the Declaration on Human Rights of 1948, and the international community should work to create the conditions of its implementation at all levels. The rights set out in the Declaration, particularly socio-economic rights, were tributary to the level of development of States, and there was a need to work towards a more equal universal distribution of humanity’s wealth. This last was an issue of human solidarity. The fields of protection of the environment, access to medicine or information and communication technologies were areas in which solidarity should be effective in order to ensure development based on human rights.
Burkina Faso had particular concerns with regard to the issue of peace and security in the West African sub-region, particularly those of violations of human rights and fundamental freedoms during conflicts. These preoccupations and concerns were justified by the discrimination, hatred and xenophobia which frequently incited grave and massive violations of human rights. The Commission and the entire international community were invited to combine their efforts, with what already existed but was insufficient, in order to allow the world to renew peace and solidarity for the happiness of all peoples.
MANUELA FRANCO, Secretary of State for Foreign Affairs and Cooperation of Portugal, said that after passing moral judgments on such actions as the recent attacks in Madrid, there was a need to move to the next step, which was to take responsibility for preventing the dark forces from achieving their objectives. This was a deliberate attempt to highjack the rule of reason, the very foundation of the rights of man. The precious freedom that had been achieved over the centuries had been built on the separation of the City of Man from the City of God. For better and for worse, in good and bad times, humanity was the inheritor of a tradition that was first rooted in the fact that life was the highest good. Now, if instead of upholding the rule of reason, humanity was to fall into the trap of rationalizing the unacceptable and started to figure out myriad explainable causes for such barbarian behaviour, who knew how soon someone might recommend rolling back the same individual freedoms that were the very foundation of western prosperity. There was a cost, a moral, political, and now often personal cost to defending beliefs and the way societies were organized. But the cost was worth paying, given the alternatives. The lessons of European history showed that there could be liberty without democracy, but not democracy without liberty.
Politics and human rights were becoming global. Moral matters were now part of the politics of many nations. However, ethics had not taken over, and often, even always, the application of moral standards was selective. The human rights field had been a field battle for an ever shifting border between national sovereignty and the right and even duty of international intervention in defense of human rights. Violent conflict remained one of the most important obstacles to upholding human rights. The development of many countries was being impeded by the devastating effects of years of conflict. Breaking this tragic cycle posed huge challenges to the international community, and required sophisticated responses. Frequently, it was clear that the cost in human and economic terms of restoring and maintaining peace was huge compared to any preventive action, had such been taken.
Security and respect for human rights could not be separated. Without security, citizens could not fully enjoy their human rights. And without respect for human rights, long-term security was not possible. Human rights violations often acted as an early warning system. If there was to be, ultimately, any real success in preventing violent conflict, the international community should act at all levels. By taking firm action to address human rights violations wherever they occurred, the international community could help address the root causes of conflict. The human rights mechanisms of the Commission played a vital role; by promoting human rights and holding Governments accountable, it also promoted the long-term security which was in the interest of all.
FELIPE PEREZ ROQUE, Minister for Foreign Affairs of Cuba, said that for 17 years now, Cuba had been waging a battle at the Commission on Human Rights against the cynical attempts by the United States Government to condemn it. These had been rough years, but the Cuban people, under the leadership of Fidel Castro, did not surrender, did not relinquish their fight for Cuba and for all those who defended both justice and freedom around the world, for all those who believed that a better world was possible. Cuba’s dignified endurance against the disgrace and the lies had earned recognition and support among the members of the Commission, which had chagrined the United States and caused it to use other Governments for its ends. This farce had lasted until 2001. The peoples of Latin America, in their turn, had demanded that their Governments did not join in the condemnation of Cuba.
Whoever did not have the courage to stand up to the unilateral hegemony of the superpower should at least remain silent and not act as an accessory to the aggression against Cuba. That country should defend the right of the small besieged country instead of befriending the irrational hatred of the aggressor. By mid-April once again, this Commission would be faced with the dilemma of condemning Cuba or defending the right to independence, self-determination and development of a noble and generous people that had never been absent when it had been necessary to fight for a just cause in the world; a people who had fought apartheid, a people who had always supported those who fought the bloody military dictatorships sponsored by the United States in Latin America.
Cuba rejected the idea that this was only a procedural resolution, and did not accept to be accused at this Commission in a high-handed politicized and discriminatory manner. It did not accept the fact that only Third World countries were always the accused at this Commission. Therefore, Cuba did not accept the request to receive a representative of the High Commissioner for Human Rights, and rejected the politicized and partial report distributed by the Personal Representative of the High Commissioner. It vindicated the right to enforce its laws to defend itself from the aggression, to prosecute the mercenaries who cooperated with the blockade, and the aggressive policy of the superpower which wished to re-conquer and subdue its people. Cuba would not surrender, or accept pressures, nor would it fall.
YURI FEDOTOV, Deputy Minister of Foreign Affairs of the Russian Federation, said international relations and inter-State cooperation in the field of human rights did not represent a given value; it was a complex system which underwent the process of constant change and development, and Russia believed that universally recognized standards in the field of human rights, which States were called upon to promote and protect, were in the heart of this system. A relevant international machinery was needed in order to react adequately to the new challenges and threats in the field of human rights. Therefore, the need for the improvement of efficiency and effectiveness of work of the Commission was becoming more pressing than ever. There was also a need for adjustment of the fundamental approaches of States and NGOs with respect to the discussion of important human rights issues. The main objective of the Commission, the promotion of a constructive dialogue on all human rights issues, was only possible under conditions of mutual respect and common and fair willingness to resolve existing problems.
The consequences of terrorist acts affected each and every aspect of lives without any exception, including the protection of human rights, since terrorists and their accomplices endangered the most important of all rights: the right to life. Gross and massive violations of human rights, wherever committed, required a prompt and effective reaction from the international community. This was first and foremost true for the cases of blatant systematic violations of human rights norms and standards, as these could occur during, for instance, emergency situations. However, it was inadmissible to ignore serious infringements upon human rights and fundamental freedoms in countries which were considered to have a clean human rights record. Discrimination against minorities, disrespect for fundamental principles of legal procedure and other violations represented a negative environment and a source of new conflict situations.
The Commission should not and could not ignore the serious symptoms pointing to the illness in the very centre of Europe. Human rights activity, as the acting High Commissioner had said, was of great importance to the achievement of the objectives of the United Nations. Moreover, the promotion of inter-State cooperation in this field was embodied in the Charter as one of the main objectives of the United Nations, and this was why Russia was convinced that the discussion of this issue in the United Nations should serve the rapprochement of countries.
REAZ RAHMAN, State Minister for Foreign Affairs of Bangladesh, said that respect for human rights and fundamental freedoms for all was a constitutional commitment, in keeping with which his country had endeavoured to develop progressively its national mechanisms and institutions to establish the rule of law, justice and human rights for all citizens, with special focus on women, children and minorities. Since taking office in 2001, the Government had continued efforts to establish and strengthen the foundations of a liberal democratic system through capacity building and the development of institutions. Priority attention had been given to the development of a national human rights commission, ombudsman, an independent anti-corruption commission, separation of the judiciary from the executive and overall strengthening of the rule of law. Furthermore, those steps constituted only a part of the Government’s efforts, which also included the establishment of a process of accountability against which the Government was constantly measured by a free press, vocal opposition and an active civil society. And although much remained to be done, there was commitment and resolve to address imperfections.
Cognizant that poverty constituted a denial of fundamental human rights, the national development plan focused on sustainable development through poverty alleviation, he added. Experience showed that the most effective approach to poverty alleviation lay in the empowerment of the people, to which the success of Bangladesh’s micro-credit initiatives attested. In particular, women had been the beneficiaries of that approach, and through their economic empowerment had come greater awareness among women of their rights, as well as greater respect for their human rights in society as a whole. Empowerment of women and mainstreaming them into the national development process had been given the highest priority; the Government had recently decided to reserve 45 parliamentary seats for women to ensure proper representation.
As an open society in which all shades of opinion and belief were freely expressed, Bangladesh took great pride in its religious and communal harmony, Mr. Rahman said. Although the population was predominantly Muslim, there was a tradition of peaceful coexistence among all religious groups and the Constitution laid out clearly the fundamental rights and freedoms of every citizen without distinction as to race, religion or gender. Special provisions had been adopted for economically disadvantaged groups such as minority and tribal populations. Overall, the country adhered strongly to the indivisibility, universality, non-selectivity and interdependence of all human rights and favoured a holistic approach. Thus, given the trend that had appeared within the Commission to focus disproportionately on civil and political rights, the need for a more balanced approach with emphasis on economic, social and cultural rights – in particular, the right to development – was felt. It was essential to reach a consensus to operationalize the right to development in all its aspects, and to complement developing countries’ national efforts with enhanced international cooperation.
ASMA KHADER, Minister of State and Government Spokesperson of Jordan, said Jordan was fully committed towards the promotion and protection of human rights. Over the years, it had spared no effort in its endeavours to live up to all its international obligations in this regard, and was determined to move further. Attempting to fulfil the Millennium Development Goals, Jordan had accelerated its political and economic reform processes guided by the conclusions outlined in the United Nations Development Programme’s report on Human Development in the Arab World. Jordan’s Government was thus strengthening the relationship between the State’s institutions and the citizens by inviting all civil society and the private sector to be active partners in building a more modern and forward looking State and society where all participated in decision making and burdening responsibilities.
For example, strategies that aimed at enabling women to play key roles and at all levels were undertaken to bridge the gender gap, Ms. Khader said. These efforts had culminated in Jordan’s success, since it currently had the highest percentage of women serving in the legislative and executive branches of Government in the Arab World. In the field of child rights, the Jordanian Government was in the final process of drafting a national strategy to combat child labour.
With regard to the aspired reforms in the Middle East, these should stem from the aspirations and the will of the region’s people. The aspired and called for growth and stability would not bear fruit unless the core issue which was the Israeli-Palestinian conflict was adequately addressed and resolved. Steps should be taken to put the peace process back on track, emphasizing that Israeli current security policy had failed in ensuring security for the Israelis. As for Iraq, as it now entered a new phase, the eyes of the Iraqi people were today more than ever set on the international community, hoping to receive every possible assistance that would enable them to forge their way ahead in laying a solid foundation for building a promised future within the community of nations. The need for the continued role of the United Nations as an active player in the forthcoming political process was omnipresent. Finally, Jordan was unswervingly committed to the promotion and protection of human rights, as highlighted by Queen Rania, who said that Jordanians did not measure how fair they had gone in this domain, but how far they still had to go.
BERNARD BOT, Minister of Foreign Affairs of the Netherlands and Chair of the Committee of Ministers of the Council of Europe, said terrorism ignored borders, and so did many other threats and challenges the international community was faced with. That was why his country, together with its European Union partners, believed in effective multilateralism. The United Nations should be reformed and strengthened and the multilateral cooperation of the international community should also be strengthened. Effective multilateralism should include a credible and effective multilateral human rights system. Such a system was made up of essential building blocks, the International Criminal Court being one of them. Despite the many cries for freedom that could be heard around the world, the international community, regrettably, had not lived up to the expectations of the oppressed, be they victims of human trafficking, child labourers or political prisoners.
Building bridges was also the motto of the Dutch chairpersonship of the Committee of Ministers of the Council of Europe. The test of human rights policy was how it was implemented. The Council had useful mechanisms to monitor compliance with human rights obligations and to review their implementation. Those mechanisms required constant quality maintenance and improvement. The Council would bring together all 45 Member States and non-governmental organizations at a meeting in April, with the aim of producing recommendations on the efficiency of justice. The most important monitoring mechanism was the European Court of Human Rights. Over the past 15 years, the number of cases brought before the Court had risen so steeply that the Court risked becoming a victim of its own success. In order to prevent a growing backlog of cases, the Court's procedures and finances should be reformed. In addition, the Parliamentary Assembly of the Council had its own monitoring mechanisms.
Women faced infringements of their physical integrity. Women had a right to control their own bodies. In the Netherlands, female genital mutilation was punishable by law. However, in many cases people living in the country circumvented that law by temporarily returning to their countries of origin. In line with relevant resolutions and conventions, the Netherlands was tightening its laws to take that reality into account. The Government would also continue to provide financial support to countries and organizations that tried to ban this harmful practice.
Right of Reply
A Representative of India, speaking in a right of reply in reference to the statement made by the Secretary-General of the Organization of the Islamic Conference yesterday, said the statement had made unacceptable reference to an integral part of his country while welcoming the détente in relations between India and Pakistan. If the Organization was sincere and serious in seeing progress towards the objectives of peace, security and economic development for the peoples of India and Pakistan to which both leaders had committed themselves, they should desist from the temptation to make statements, which were patently inaccurate, and totally counterproductive. He rejected the Organization's prescription of what "the situation in Kashmir called for". He hoped that the Organization would overcome its frozen mindset and refrain from pursuing such statements.
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