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20 March 1998

54th session of the Commission on Human Rights
16 March - 24 April 1998


Address by Mrs Lena Hjelm- Wallén
Swedish Minister for Foreign Affairs

20 March 1998


Mr. Chairman, Ladies and Gentlemen,

The Universal Declaration of Human Rights, adopted fifty years ago by the General Assembly, remains – together with the UN Charter – one of the most important documents in the history of humankind.

The 50th Anniversary of the Universal Declaration is not only a moment for celebration. It is also a moment for reflection: - Half a century after our solemn commitment to human rights, advocates of democracy and fundamental freedoms are still constantly silenced in many parts of the world. - Torture is still in frequent use. - Poverty deprives people of health and education and thus of the means to shape their own future. - Individuals are still discriminated against for being women or for belonging to a minority. - The right to life will not be fully recognized until we have achieved the total abolition of capital punishment. - Respect for human rights is crucial for the creation of a democratic culture. - Consistent violations of human rights lead ultimately to armed conflicts.

The Commission is meeting to enable a dialogue and cooperation to eradicate human rights violations. Unfortunately, there are cases, like Iraq, where there is a complete lack of will to address the massive, systematic and gross abuses of human rights.

Mr. Chairman,

Human rights are universal. Their defence is a legitimate international concern. It is an international duty to react when the rights of individuals are violated - wherever this takes place.

I am pleased that the Commission this year will finally be in a position to adopt a draft declaration in support of human rights defenders. The courageous work of such groups and individuals helps governments to focus on the need for improvements.

This Anniversary should indeed be a moment for reflection and self- criticism: what more can we do to live up to the hopes and ideals which inspired the drafters of the Universal Declaration?

In the field of the rights of the child, my Government appointed a parliamentary commission to review in detail our laws, policies and practices relating to children. We wanted to identify what more could be done to give substance to all the aspects of the Convention on the Rights of the Child. This has been a thought-provoking exercise, which might lead us also to look at our implementation of other human rights conventions.

Moreover, my Government has just completed a major review of our international human rights policy. It confirmed that human rights constitute an integral dimension of Swedish foreign policy.

This conclusion was drawn in recognition of the fact that gross and systematic violations of human rights are also detrimental to relations between states. A regime that persists in such violations paves the way for crisis and, sometimes, armed conflict. Protecting human rights is to prevent violent conflict.

Another conclusion from the review is that, in practice, there must be a better balance in our attention to different human rights. Individuals cannot realize their potential unless they have access to a reasonable standard, in particular to health and education. Therefore, without in any way relaxing our firm commitment to the promotion of civil and political rights, Sweden will bring economic, social and cultural rights more into focus in its general human rights policy.

The Swedish Government supports the High Commissioner for Human Rights in her efforts to make United Nations activities in the field of economic and social rights more effective. The social and development programmes of the various United Nations organs and agencies should be given a clear and distinct human rights dimension.

The review also underlined the importance of action against discrimination. All human beings are equal in dignity and rights. All human beings do not, however, have equal opportunity to enjoy their rights. Some categories are more exposed to discrimination than others.

Sweden will continue to pay particular attention to the rights of the child, to the rights of women and to the rights of persons belonging to minorities, indigenous peoples and persons with disabilities.

Mr. Chairman,

The position of the European Union has been presented by the British Minister, Mr. Lloyd. In addition, I would like to mention some particular issues which spring from the principles and priorities I just outlined.

First, Right to life. It is a tragic irony that this, the most fundamental human right, has yet to be fully recognized in its true and obvious sense by international law. Although circumscribed by international rules and standards, the death penalty is still not unlawful. This brutal and irrevocable form of punishment is a relic of the past and has no place in a modern, civilized society.

More and more governments recognize this. An increasing number of states have abolished the death penalty or placed it under a moratorium. Among others, I welcome the recent decision by the Estonian Parliament. The Swedish Government finds it all the more deplorable that some countries are moving in the opposite direction, making increasing use of the death penalty. Many people in my country have been particularly saddened and upset that, in the United States, in particular Texas has made such extensive use of the death penalty in recent years.

The Swedish Government fully supports the work of the Rapporteur on extrajudicial, summary or arbitrary executions.

In China, according to official claims, the number of death sentences has been reduced since the adoption last year of a revised Criminal Law. Still,the number of death penalties and executions remains exceedingly high and runs into the thousands. Death sentences are also meted out for non- violent offences, in contravention of international standards.

The massacres in Algeria must be stopped and the terrorist acts must be condemned. The international community stands prepared to be of assistance, as High Commissioner Mary Robinson has emphasized. I urge the Government of Algeria to take all necessary steps to protect its population, to uphold respect for human rights and to cooperate with the special procedures of the Commission.

Second, the involvement of children in armed conflict. The Swedish Government attaches particular importance to efforts over the last few years to elaborate a draft optional protocol to the Convention of the Rights of the Child on the involvement of children in armed conflict.

Consultations have made it clear that there is widespread agreement among governments in all parts of the world that no person under the age of 18 should take a direct part in hostilities. However, it has not yet proved possible to agree on a draft optional protocol for the adoption by the Commission.

I appeal to the very few governments concerned to open the way for an early agreement on an optional protocol on this important subject.

Third, Women's rights. Sweden welcomes the High Commissioner's intention to give priority to the struggle for women's full enjoyment of human rights. Serious and widespread discrimination of women continues. No country can claim to be free of shortcomings.

I have to make a special mention here of the present situation in Afghanistan. The systematic violations of the human rights of women and girls are appalling. All discriminatory practices must cease. Women and girls should be given full and equal access to education, health and employment.

Fourth, freedom from torture. I appeal to all governments to cooperate for an early conclusion of an optional protocol to the Convention against Torture. This would provide for on-site visits of places of detention by a United Nations Committee.

Torture is a symptom of sickness in a society. Yet, this horrible practice continues in many places. Last year alone, Sweden granted residence permits to almost 700 persons on the grounds that, if returned to their home countries, they would have risked torture or capital punishment. In a few cases, despite careful consideration, our decision to return an asylum seeker was considered to be in violation of the Convention against Torture by the treaty body concerned. Such cases are an embarrassment to Sweden but an even greater embarrassment to those countries that persist in the practice of torture.

Mr. Chairman,

Since the Universal Declaration was adopted 50 years ago, a number of international human rights instruments have been adopted. Emphasis has moved from standard-setting to implementation. It is essential that all governments cooperate with the treaty committees, the rapporteurs and other mechanisms for monitoring and support. Governments that refuse to cooperate with the UN human rights mechanisms do not live up to their obligations under Articles 55 and 56 of the United Nations Charter.

The systematic violations of civil and political rights in China have not abated in the past year. However, China has indicated its willingness to cooperate to improve its human rights situation, and has also invited the High Commissioner for Human Rights to visit Peking.

The Swedish Government sincerely hopes that this more cooperative spirit on the part of China will be extended to cover all the relevant human rights mechanisms of the United Nations.

Finally, I trust that the diplomatic conference in Rome this summer will agree upon the creation of an International Criminal Court. Such an institution would effectively enhance the possibilities to manage the culture of impunity in cases of serious violations of human rights law.

Mr. Chairman,

The rights defined in the Universal Declaration are just that - universal. They apply to all human beings - children, women and men. They are relevant in all parts of the world, irrespective of context, country or culture.

"They belong to no government," as Secretary-General Kofi Annan said recently, "they are limited to no continent, for they are fundamental to humankind itself".

Thank you, Mr. Chairman.
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