Default title

Kigali, 8 May 2003


Second Ministerial Meeting on
Human Rights in Africa
8-9 May, 2003
Kigali, Rwanda


Message of Sergio Vieira de Mello
High Commissioner for Human Rights
And Remarks by Dr. Bertrand Ramcharan
Deputy High Commissioner for Human Rights




Mr President, Excellencies, Human Rights Defenders, ladies and gentlemen,

The United Nations, the former OAU, and the African Union have walked a long road together in the defence of human rights. We were honoured to be at the first African Ministerial Meeting on Human Rights and we attach great importance to being here with you today.

In these remarks I should like to do three things: first, to draw upon the memory and the spirits of those who died in the genocide that struck this country and to ask them to reinforce our will to prevent such atrocities from taking place ever again. The lesson that we must surely learn from their sacrifice is that we must do our utmost for the prevention of gross violations of human rights.

Second, I should like to present to you a message of support from the United Nations High Commissioner for Human Rights, Sergio Vieira de Mello who unfortunately could not be with you here today. He sends you his fullest support for the success of this meeting.

Third, I should like to invite us to reflection on what more needs to be done for the effective protection of human rights in the African continent. I should like to make a plea to you for the strengthening of the rule of law and the judicial protection of human rights. I should like to suggest the reinforcement of national human rights institutions. I should like to urge speedy ratification of the African Court of Human Rights. It is crucial that an equitable balance be struck between justice and reconciliation in the aftermath of conflict and grave violations of human rights.


I. Drawing strength from the memory of the victims of genocide

Distinguished Ministers, there must be deep significance to the fact that the Second African Ministerial Meeting on Human Rights is taking place in Kigali, which has been witness to genocide. Allow me, as Deputy United Nations High Commissioner for Human Rights, to express remorse for all those in the international community who failed the victims and could not prevent the terrible violence that took place here. It was unforgivable. I pray for the souls of the victims.

Allow me, also, to ask what it has to mean for you, Ministers at the Second African Ministerial Meeting on Human Rights, to be gathered here on this occasion. I would suggest that, at a minimum, the measures you take for the protection of human rights must be stronger than ever. If a Ministerial Meeting on Human Rights in Kigali does not result in stronger measures for the protection of human rights on the ground, it would be a betrayal of the victims of genocide. For every country represented here, Kigali must lead to stronger protection of human rights at home. In human rights, there can be no double-talk. Either one acts seriously for the protection of human rights in each country or one is failing one's citizens.

The significance of meeting here in Kigali must also be that African Human Rights Institutions have to be supported and reinforced. It surely must be in the interest of all to have a stronger African Commission on Human and Peoples' Rights whose members are genuinely independent experts and which is provided with the resources to be effective. If one leaves Kigali without a commitment to a stronger and genuinely independent African Commission the spirits of the victims of genocide will bewail the lack of will. If Kigali does not lead to the speedy ratification of the African Court on Human Rights, the victims will cry in distress. What, dear Ministers, holds up speedy ratification?

Another, natural, expectation of meeting on human rights here in Kigali is that Africa will establish and operate arrangements to provide early warning and enable preventive action against future genocide or gross violations of human rights. Everyone in this room must be able to answer the question: what have we done, what will we do to prevent genocide from ever taking place again; what have we done, what will we do, to prevent gross violations of human rights. If there is no answer to this question, this Kigali meeting will ring hollow - and the spirits of the genocide victims will bewail their betrayal.

How then, distinguished Ministers, will you contribute to the prevention of gross violations in the future. Please, act for prevention and protection against gross violations of human rights.


II. Message of the United Nations High Commissioner for Human Rights

With this plea for effective action to prevent gross violations of human rights and to provide genuine protection in each country, I now turn to the message of the United Nations High Commissioner for Human Rights, Sergio Vieira de Mello.

The High Commissioner would like to commend the Interim Chairperson and the AU Commission for organizing the Second AU Ministerial Conference on Human rights. He views it as a significant step towards realizing your recommendation in Mauritius to make this conference a regular feature of AU activities. More importantly, it is an important opportunity to ensure increased commitment to the respect of democracy, human rights and the rule of law on this continent.

OHCHR took part in the first OAU Ministerial Conference on Human Rights in Africa held in Mauritius from 12 to 16 April 1999. We welcomed the adoption of the Grand Bay Declaration and Action Plan, which inter alia identified the main causes of human rights violations in Africa, called on States to set up independent national human rights institutions and stressed the importance of promoting African civil society, particularly NGOs, and of developing strategies to raise African public awareness of human rights and humanitarian law through formal and informal education. We also support the call on States to draw up and adopt national action plans to promote and protect human rights and in this regard, have organized several trainings.

In July 2000, with the adoption of the Constitutive Act of the African Union, the Head of States agreed that their objectives shall be to encourage international cooperation, taking due account of the Charter of the United Nations and the Universal Declaration of Human Rights; promote democratic principles and institutions, popular participation and good governance; and promote and protect human and peoples' rights in accordance with the African Charter on Human and Peoples' Rights and other relevant human rights instruments. In the light of these commitments, the Office of the High Commissioner for Human Rights has an increasing responsibility to assist you in this commendable endeavor.


Ladies and Gentlemen,

You are going to be addressing a wide range of issues in this meeting. I would like to share with you some of the priorities set by the High Commissioner for his action in Africa. Bearing in mind that the overall goal pursued by all of us is democratization on the continent, the key to achieving the enjoyment of human rights for all African people is to build strong national protection systems based on the rule of law. The High Commissioner decided to place special emphasis on the adoption of national legislation that creates mandatory human rights standards. This undertaking is in line with the Grand Bay Declaration which states “the primary responsibility for the promotion and protection of human rights lies with the state” and “urges states to establish national human rights institutions”. This priority is shared by the United Nations system and is an important part of the UN Development Assistance Framework (UNDAF) where OHCHR is playing a coordination role in this respect.

Secondly, the High Commissioner has emphasized the critical role of the judiciary – through helping national judicial systems consolidate their independence and implement international and national human rights norms. It has been widely acknowledged that without justice and respect for human rights, peace, stability and development are difficult to achieve, if not impossible. The lack of justice remains one of the root causes of conflict and instability and in this way impedes development on the continent.

During his opening statement at the 59th session of the Commission on Human Rights which concluded its work just few days ago, he has invited governments to prepare brief descriptions of their national protection systems. These reports will be summarized, analyzed and published, so that we can all see where we are and learn from each other's experiences. The High Commissioner encourages all of you to contribute actively in this regard. This should help us in the critical work of finding ways for states to cooperate in the protection and promotion of human rights.

Let me also mention two other issues that remain at the centre of High Commissioner’s priorities - the status of women's rights and the adoption of a human rights approach when combating the disastrous impact of HIV/AIDS worldwide but especially in Africa. The High Commissioner intends to ensure that all UN human rights activities integrate gender perspectives and improve respect for women's rights. OHCHR has adopted a gender strategy in keeping with its dual mandate to address human rights as well as gender and women's issues. OHCHR has, for several years, worked in close collaboration with UNAIDS towards the promotion and protection of human rights in the context of HIV/AIDS. In order to achieve these objectives, OHCHR is working to increase accountability on HIV/AIDS-related human rights and ensuring the integration of a human rights perspective into the response of other UN agencies and programmes to the HIV/AIDS epidemic. OHCHR is also encouraging external organizations to adopt such a perspective to HIV/AIDS in their policies and activities, including through the promotion of the International Guidelines on HIV/AIDS and Human Rights.


Ladies and Gentlemen,

In 2002 and 2003, OHCHR consolidated its regional approach in Africa and implemented activities at a regional, sub-regional and national levels. Regional Representatives were deployed in Yaoundé, Cameroon, for the Central African sub-region, in Pretoria, South Africa for Southern Africa and in Addis Ababa for Eastern Africa. A similar posting is envisaged for the West African sub-region, possibly within in Dakar. The regional offices will become a focus for the mainstreaming and integration of human rights within the work of regional and sub-regional institutions, thus facilitating the provision of technical assistance, strengthening of capacities at the national level and the implementation of conclusions and recommendations of treaty bodies and mechanisms of the Commission on Human Rights.

I am happy to report that OHCHR has acted on your appeal to international organizations to cooperate and harmonize their activities with the AU for a more coordinated approach to the implementation of human rights in Africa and for maximum effect of such programs and initiatives. Through OHCHR’s regional office in Addis Ababa, we have consolidated our collaboration with the AU and, among other things, worked closely together in organizing this conference. This is an important beginning and we look forward to increasing the level of cooperation.


Ladies and Gentlemen,

Human rights are an essential part of all major African-led initiatives such as NEPAD and CSSDCA. As I mentioned earlier, the Constitutive Act of the African Union gives a prominent role of human rights both in its objectives and principles. A lot has been achieved in the area of promotion and protection of human rights in Africa but many challenges still lie ahead. Let me mention few of them:

strengthening of the African Human Rights System and enhancement of the capacity of the African Commission on Human and Peoples’ Rights;
support to the campaign for ratification of the Protocol for the Establishment of the African Court and for the finalization of the process towards the adoption of the Protocol on the rights of women and the implementation of the human rights component of CSSDCA;
strengthening and institutionalizing the consultative process between OHCHR and the African Commission, National Institutions, NGOs and Governments. This activity will contribute to bridging the gap between African NGOs and Governments for the enhancement of human rights protection in Africa;
support for African National Institutions not only at a national level but also through the establishment and strengthening of the new African Secretariat of National Institutions and the implementation of its activities;
support for the strengthening of the human rights component of African Initiatives. In response to requests by the NEPAD Implementation Committee and Secretariat, and the Secretariat of the CSSDCA, OHCHR will be involved in capacity building programmes tailored towards the effective mainstreaming of human rights in the implementation of NEPAD and CSSDCA at the different levels.


The Office of the High Commissioner for Human rights stands ready to work with the African Union and the governments in the region towards these important endeavors.


Ladies and Gentlemen,

Let me conclude the High Commissioner’s message by thanking the Government of Rwanda, on behalf of the High Commissioner, for hosting this Conference and assuring all of you of our strong will to reinforce OHCHR’s cooperation with all partners in Africa. The Office of the High Commissioner for Human rights looks forward to being guided by conclusions that will be reached during the Conference in our future actions.

On behalf of High Commissioner Sergio Vieira de Mello, I wish you again every success in your work.


III. Future Action for the Effective Protection of Human Rights.

I should now like to turn to some of the practical challenges of protection in the period ahead of us.

Distinguished Ministers, Human Rights Defenders: As you know best, Africa, like other parts of the world, is wracked by internal conflicts. Innocent people are killed; children are victimised; women are raped, atrocities are committed; and the perpetrators in many instances go free. Impunity is a curse upon our lands.

As in many other parts of the world, in Africa arbitrary and summary executions are widespread; torture prevalent, involuntary disappearances commonplace, ethnic and religious intolerance abound, and the judiciary is under attack in many countries. Let us not hide from these realities. In the end result, inadequate governance, the deviation of resources, and the sapping of the productive capacities of the people lead to exacerbation of poverty and lack of implementation of basic economic, social and cultural rights as well as civil and political rights.

The road to nation-building, the road to progress, the road to justice and equity must be that of genuine respect for human rights, in law and in practice.

What, then, are the immediate and pressing challenges of the protection of human rights? Allow me to mention a few.

Many have observed the symbolism of hosting this conference in Rwanda. Permit me to add just one or two thoughts about this important coincidence.

I am glad to note the decision of the Executive Council of the African Union that the 10th Anniversary of the Rwanda Genocide on April 7, 2004 be commemorated as a day of remembrance of the victims, and reaffirmation of Africa’s resolve to prevent genocide. This should serve as a vivid reminder to us of the lurking threat to our humanity that can sneak its ugly head out when we fail to respect the basic rules of dignity and integrity -- for, that is essentially what human rights is about.

This day of commemoration should also be a time for us to review what we are doing and to recommit ourselves to never again allow this kind of atrocity to happen in our midst.

But let us go beyond a day of commemoration; let us put our heads, minds and resources together to create a lasting system that can ensure that another Rwanda does not happen.

I sense no disagreement at all about the basic standards of common acceptable rules of decency. Indeed in the last two days of the experts’ meeting there was hardly any difference of opinion over the various rights and the challenges that they pose – respect for the sanctity of life, treating fellow human beings, citizens and non-citizens alike, with respect and dignity, protecting the basic human desire and yearning for liberty, order, prosperity and peace, protecting children and eliminating the use of child soldiers, the plight of refugees and ever increasing numbers of IDPs, the importance of providing equal treatment and access to women, the need for a minimum standard of living, etc.

There also seems to be an abundance of goodwill to make things happen.

I think you will agree with me that another Rwanda will be just around the corner if we don’t do the right thing. It is now almost ten years since the Rwanda Genocide. Can we honestly say that we are now better prepared to avert a similar incident? I am not sure. I challenge each one of us to dig deep in our conscience to answer that question.

Do we have what it takes to stop another such episode in our respective countries? Do we have the wherewithal to respond to a threat in another country – as neighbors, members of the same region?

I believe that if you have the will you can individually and collectively dramatically improve the state of human rights in the region – individually and collectively.

Let me share with you my own personal list of some basic things that I believe would significantly improve the state of human rights.

First, I fully agree with the Grand Bay declaration that “the primary responsibility for the promotion and protection of human rights lies with the state.” In my mind this truism means several core things:

Promoting a society of tolerance – in our communities and at the national and regional levels. Lack of tolerance of our differences – ethnic, religious, racial – is often at the base of human rights violations.
Establishing an opening, democratic society where the state is accountable and transparent.
An accessible, just and fair justice system to provide redress and ensure that when one’s rights are violated there will be adequate redress so that we can mitigate problems before they degenerate.
Means to satisfy the basic needs of society – health, education, food – and the right to live one’s full potential.
Institutions to promote and protect human rights.


There is already a firm foundation of regional instruments and institutions. As the experts have reiterated over the last three days, first priority ought to be to implement these. On this, every one of us has a duty to ensure that our states ratify conventions, comply with the reporting and other obligations in those conventions, establish the national and other institutions that we have agreed to create, and provide the necessary support and cooperation to make these institutions work.

Beyond these, I think we should also seriously consider fostering a strong community of values – based on the norms to which we have subscribed – to serve as the minimum requirement of membership. Second, we need to develop ways to forcefully communicate to each with other when we see something going wrong; the courage to be honest with each other – when we see the beginning of transgressions – not later. We also need to enhance the role of non-governmental organizations.

Sadly, protection mechanisms at the international level are slackening. At the end of the day, however, it is the suffering peoples who will help us stem the tide of toleration of abusers and gross abuses. For the victims understand best how crucial protection activities are.


Conclusion

I should like to conclude on a simple note: What you do here must lead to better protection of human rights within each country. Gross violations of human rights must cease. Impunity must cease. The perpetrators of atrocities must be brought to justice. The Judiciary must be genuinely independent and this independence must be respected. National Human Rights Institutions must be strong, and independent. The African Commission on Human and Peoples' Rights must be strong throughout the continent. The African Court of Human Rights must come into existence and become strong. The NEPAD peer review mechanism must deal effectively with gross violations of human rights. Human Rights education must be taught at all levels of education. Tolerance and respect must be fostered through practical programmes in schools. Human Rights Defenders must be respected and protected. Your words and declarations must make a difference for the better. African civil society is asking: Is the protection of human rights today better than when the first African Ministerial Meeting on Human Rights took place four years ago? My question is: Will the protection of human rights be better after this meeting? The answer lies in your hands, distinguished Ministers. The souls of the victims of genocide reach out to you with a plea for strengthened protection of human rights in each country.

Thank you.




*****