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Statements Commission on Human Rights

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17 March 1998

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

Translation of advance text


Speech by H.E. Mr. Klaus Kinkel,
Minister for Foreign Affairs of Germany

Geneva, 17 March 1998


Allow me, Mr Chairman, to congratulate you on assuming this responsible office. For the work that lies ahead as you steer the Commission through this year's ambitious programme I wish you every success. My thanks go also to Minister of State Lloyd, who this morning addressed you on behalf of the European Union. We endorse what he said.

Fifty years ago the nations pledged themselves to a crusade for human dignity and freedom. A world free of fear, free of poverty, a world protected by the rule of law - that is the vision of the Universal Declaration of Human Rights. In 1998, this anniversary year, it is time to take stock. Much has been achieved. Just three examples: - More people than ever before now live in democracies. - Although poverty is still with us, the number of countries self-sufficient in food has doubled in recent years. - In all parts of the world access to education and training has dramatically improved. In the developing countries there are today twice as many children going to school as 20 years ago.

In recent years awareness of human rights issues has been growing throughout the world. People in many quarters have contributed to this development. First and foremost, the United Nations and its Commission on Human Rights. Without its steadfast work in Geneva much that has been achieved would never have been possible. To you, Mrs Robinson, I would like to pay special tribute. In these few months since taking up your post you have set things moving on a number of fronts. Germany will continue to support your efforts and those of your staff.

I owe thanks also to the non-governmental organizations for their undaunted defence of human rights. They heighten awareness and bring abuses to the public eye. Better protection for human rights activists I therefore see as a key priority of our work. I appeal to you: Now the draft declaration on this issue has been agreed, let us adopt it without delay.

Much still remains to be done. Horrendous abuses of human rights still continue. Many people, from the moment of their birth, have no hope of a decent life. For speaking their minds people are thrown into prison. For belonging to a particular ethnic or religious group people are harassed and persecuted. Ill-treatment and torture are daily occurrences. After the ghastly atrocities that have taken place, the Great Lakes region is still struggling to return to normality. The terror in Algeria defies all understanding. In Kosovo the spiral of violence and counterviolence must be stopped. The peace and stability of the entire region is at stake. On 9 March the Contact Group put forward a catalogue of practical measures. On 25 March the Contact Group will be meeting in Bonn to review progress in putting these into effect. There is an urgent need for meaningful dialogue between Belgrade and the Kosovo Albanians, also as regards Kosovo's political status. The steps you have proposed, Mrs Robinson, - for more human rights observers, for an office to be opened in Pristina and the involvement of the UN Special Rapporteur on extrajudicial, summary or arbitrary executions - can certainly help in rebuilding the trust between both sides that has been lost. I appeal to both parties not to oppose these constructive ideas.

Peace needs human rights. This intrinsic connection we must never forget. We are responsible not just for what we do but also for what we allow to be done. Thus combating racism and xenophobia is also an important aspect of German policy. In this area we have done a great deal both on the national level and in conjunction with the EU and the Council of Europe. Our cooperation with the United Nations is also part of these efforts.

Today's global world is more close-knit than ever before in the history of mankind. In a time of increasing political, economic and social interdependence, borders can no longer keep us apart. The new media carry the message of freedom to the four corners of the earth. Never before have the prospects for achieving worldwide respect for human rights been so good. Yet that is also why we must equally make sure satellites and the internet cannot be used to harm and exploit our fellow men.

At the heart of our human rights policy must be prevention. Wherever there is war there will be violations of human rights. That is why efforts to combat the causes of violent conflict must be at the very centre of preventive human rights policy. Since preventive human rights policy addresses the whole of life in close-up, it calls for an integrated approach, using all instruments of foreign, development, environmental and legal policy. The debate surrounding the right to development has helped us all to grasp this connection more clearly. To secure and safeguard human rights the full range of available instruments needs to be used. Field operations, for example, help build the political, administrative and judicial structures without which there can be no effective human rights protection. Together with South Africa and Poland we are plan ning an international meeting to be held in Bonn at the end of May to discuss issues connected with this aspect of the UN's work. It will, we hope, give momentum to and strengthen efforts in this area. Developing the rule of law and advising on legal matters is a further priority of German human rights policy. During the past six years Germany has
supported well over 200 governmental and non-governmental projects in this field.

Absolutely crucial in my view is to put a stop to torture. "Torture is the vilest weapon against democracy", the director of the Copenhagen Rehabilitation Centre once said. I therefore appeal now to the international community to speedily adopt the Supplementary Protocol to the Convention against Torture. Then at long last it will be possible in all parts of the world to inspect prisons unannounced. One glance at Amnesty International's latest annual report shows how sorely this is needed.

There are two problem areas of special concern to me: violations of the rights of children and of women. Better safeguards for children's rights are essential. To date some 191 countries have ratified the UN Convention on the Rights of the Child. Children are small-size people in need of big-size rights. Here in Geneva two supplementary protocols to the Convention are currently being negotiated. Providing all goes well, we will, I hope, soon see better protection for children in armed conflicts. The use of child soldiers must also be universally outlawed.

The sexual abuse of children is a phenomenon which is particularly repugnant. Two years ago the World Congress in Stockholm broke the taboo of silence and placed the issue squarely on the international agenda. I am personally committed to ensuring that the weakest members of society are helped and their suffering is relieved. During the German Chairmanship of the Council of Europe we are convening a follow-up meeting which will be held at the end of April in Strasbourg.

In many countries women are still subject to the most pernicious forms of discrimination. There is a wide gap between the laws on paper and the reality on the ground. It is an absolute scandal that in the areas of Afghanistan under Taliban control women are virtually deprived of all rights. If peace and development are to stand a chance, however, women must be free to exercise their political, economic, cultural and social rights.

A most vile and degrading trade is trafficking in women and girls. This modern form of slavery has become a lucrative business in recent years. The international syndicates operating in this area are increasingly ruthless The European Union has decided to act. Last April we adopted an action plan to combat this evil trade. But now it also needs to be carried out in practice.

Clearly, it is not enough to have binding human rights norms in place. Those who abuse human rights must be prosecuted and punished. Germany therefore strongly supports the proposal to set up an International Criminal Court. Yesterday the last round of negotiations began before the diplomatic conference convenes shortly in Rome. The main elements of the proposed Court are already on the table. The aim must be to break the vicious circle that lets atrocities to go unpunished. If murderers and torturers have nothing to fear, why should they stay their hand? For all those who yearn for justice, that is an intolerable thought. The International Criminal Court I see as central to our efforts to make world peace safer.

It is imperative that all countries as far as possible should accede to the UN covenants on human rights and that compliance should be more effectively monitored. I welcome the fact that China is now a signatory to the International Covenant on Economic, Social and Cultural Rights and also its announced intention to sign the Covenant on Civil and Political Rights. Those are hopeful signs, holding out a prospect of further urgently needed progress in enhanc ing respect for human rights in China. This is a goal to which we remain committed. Countries that think they can ignore their obligations under international human rights conventions are on quite the wrong track. That means legally and politically they cut themselves out.

Human rights are part of every culture. They cannot be restricted with references to cultural or religious traditions. We must work for a greater common understanding of how worldwide respect for human rights can be achieved. Only if great civilizations the world over with their different models of society know more of each other, can there be greater mutual understand ing. Knowledge builds trust. That is why with a large number of countries Germany is conducting an open bilateral dialogue on human rights issues. And that is why I advocate a more intensive dialogue between different cultures at the international level.

We must go back to the origins of our common humanity, in which all cultures have their roots. A few weeks ago Kofi Annan referred to human rights as the foundation of human existence and coexistence. They were, he said, what made us human, the principles on which we were building the sacred house of human dignity. Indeed the Secretary General is right. His words are a strong message to us all. It is only if we unite our efforts that we can make the vision set out in the Universal Declaration of Human Rights a reality for the whole of mankind.