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Commission on Human Rights
18 March, 2002
1st meeting




OPENING STATEMENT

BY AMB. KRZYSZTOF JAKUBOWSKI

THE CHAIRMAN OF THE FIFTY-EIGHTH SESSION

OF THE COMMISSION ON HUMAN RIGHTS



Geneva, 18 March 2002





Madame High Commissioner,
Excellencies, Distinguished Delegates, Friends, Ladies and Gentlemen,

Poland, my country, which you have honoured today in electing me to the chair of this very important Commission, has a long history in quest for freedom and justice. After the systemic transformation at the beginning of the 1990-ieth we honoured human rights as the set of values thanks to which our society has survived and reemerged as a democracy. You will therefore understand the high sense of duty I feel today as we take on the responsibility of working together on behalf of all those who place such high hopes in the Commission. I thank you for this great privilege.

My thanks go to the friends and colleagues from East and Central European Group for support and trust placed in me.

I extend my warm congratulations and appreciation to my distinguished predecessor, Ambassador Leandro Despouy, who has led this Commission with conviction and energy. I convey my appreciation to the outgoing Bureau. I wholeheartedly congratulate my colleagues on the incoming Bureau – on whom I shall rely heavily. I am fortified in the knowledge that they are all friends.

A special word of thanks is due to the High Commissioner, Mary Robinson – for her address today and for the heart and dedication that she has brought to her task ever since taking up the office of High Commissioner. You have our deep gratitude, Madam.

Your Excellencies, Ladies and Gentlemen,

No one can deny that we are living in challenging times. But, as the tragedy of 11th September shows, the challenges of tomorrow might not be a simple continuation of what we have come to know. We must be determined to face and, indeed, prevent the occurrence of challenges the true nature of which we, perhaps, even do not realize yet. It was the Secretary-General Kofi Annan who, at the meeting of this Commission in 1998, called for making the present century an age of prevention. Those words have fully maintained their validity.

After horrible attacks on New York and Washington the world is no longer as it used to be. But, what is it? How, in this world, to defend, to strengthen universal values?

More than ever before everyone recognizes that the role of human rights in international relations is second to none. For human rights are the foundations of peace, justice and development. Human rights in governance are crucial to the reduction of poverty, the promotion of growth and development as well as the prevention of conflicts. This is why the role of this Commission has grown in importance as being one of the most important organs of the United Nations.

The significance of the Commission is demonstrated by the range of issues it discusses, the growing number of world leaders who appear before it, the large number of delegations and paramount representatives of civil society who participate in our work. We assemble at the Commission in the quest for justice. The defense and promotion of justice and rights encapsulates the mission of the Commission and – our responsibilities.

In living through challenging times, looking for signposts, it is wise, I believe, to go from times to times back to the roots. As we begin our session my thoughts go to the vision of the Charter of the United Nations and the accompanying vision of the Commission on Human Rights when it began its work in 1947 under the unforgettable chairmanship of Eleanor Roosevelt. The Commission set a task to work out an International Bill of Human Rights which would have three main parts: a declaration, followed by treaties and measures of implementation. We have achieved the first two parts of the Bill. The third part still remains the challenge before us: measures of implementation. We must always be faithful to this vision. And we must again and again remind ourselves that to fully make this vision a reality we should do whatever we can for full implementation of civil and political rights as well as economic, social and cultural rights. This is our compass.

Alongside vision come our principles and our norms. We should increasingly strive to be governed by principles and we should always be attentive to the norms of human rights we have ourselves helped to develop in this Commission. Now, more than ever. While the Commission’s composition is of Governments, we, the representatives should also have a sense of personal responsibility and should always ask a very simple question: am I being faithful to the mission of the Commission to uphold and defend human rights?

Then, we must accentuate cooperation. The United Nations method is indeed the method of cooperation. However, to make this method effective, we need something else as well. We need a dialogue. We need to build in ourselves an ability and preparedness to listen to others. Compromise on a specific text should not necessarily be seen as something to compromise the achievement of this or that goal the text is about. Adverse is very often true.

Perhaps, this Commission is the place where a dialogue is needed most, where the goals of the UN Year of Dialogue among Civilizations can and should be most comprehensively implemented. Perhaps a dialogue among civilizations should become a trademark of this Commission. As Michael Ignatieff said: “Indeed, this may be the central historical importance of human rights in the history of human progress: it has abolished the hierarchy of civilizations and cultures”.

The goal of dialogue is not to impose one’s viewpoints. A dialogue is only possible if we accept that we live in a diverse world, but share the same values of freedom and tolerance and respect for human rights. We already understand but we still are to fully embrace the notion, that cultural and religious diversity is a source of strength, not a cause for division or confrontation.

Without such a dialogue as a way of life in our global village, a dialogue within and between civilizations and cultures, no global prosperity can be secured, no progress can be sustained, peace can not be lasting.

Cooperation should serve protection. The United Nations has set a standard when international protection must enter the stage: when there are gross violations of human rights or when our consciences are shocked. I believe that we should look closely at our protection activities and think about how international cooperation can and should work for the benefit of international protection. I am convinced this is of the essence for this Commission. I am also convinced international protection should be seen as one of the basic principles of the culture of human rights concept. That concept, in turn, is clearly anchored in the context of above-mentioned dialogue of civilizations and cultures.

Human rights are and should be omni-present. There is no sphere of national or international life that should not be looked at from a human rights angle. Yet, I think we do not have any reason to speak about human rights as a vehicle for uniformization of the world. Quite to the contrary. It is at the core of human rights philosophy that national cultures, religious ways of life or indigenous traditions must be cultivated and protected. That is why the culture of human rights is so important. That is why we should redouble our efforts to make the culture of human rights flourish.

Millions of people live in poverty and want. Millions of people are the victims of conflict. The plague of international terrorism threatens the fabric of our international order and creates environment conducive to violations of human rights. Millions of people are refugees or displaced persons. Millions of people suffer as minorities, indigenous peoples, the victims of trafficking. Our conscience must be moved by such a suffering of large parts of humanity. Our sense of human solidarity should prompt us to act. We must denounce international terrorism and we must act resolutely to stamp it out. In no way it can be justified as it is based on the contempt for human life. At the end of every session of the Commission, including this one, we perhaps could take a kind of a conscience-check: are there issues or situations where we have not risen to the voice of conscience? If there are, then we should have a heavy heart.

We belong to the community of the United Nations that strives for the fulfillment of its ideals, its vision and its principles. We form the community of human rights which embraces the peoples of the United Nations in aspiration for justice, for the implementation of human rights. I believe the sense of community among us is important. It strengthens the realization that we are together in what we are supposed to be doing. Each of us has to play her or his part. The Universal Declaration was proclaimed also to the end that everyone, all structures and cells of society should strive for its fulfillment. We should go forward in strength as a human rights community.

Modernization in this Commission, in the broadest sense of this word, should be of importance to us. We need to be more effective in our ways and means of doing things. I invite all of us to reflect on possible improvements in ways the Commission works and in the way the human rights programmes can perform better. I invite us to reflect on what and how could be done better for all the human rights everywhere, not for some of them, here and there. The quest for modernization is an essential one. But in doing so, we should always seek to act with respect for the principle of legality. This means respect for the principles of international law and our own regulations in the course of our work. This means developing and ameliorating our practice. This means striving to improve the operational and protection doctrines of the Commission.

The implementation of the international treaties on human rights ought to be the bedrock of those doctrines. The treaties require States parties to introduce, within their national legal systems, arrangements for the protection and promotion of human rights that are adequate and effective. It is our responsibility to take very much to heart how we can advance the process of treaty implementation. We should be pursuing practical avenues to exchange experiences and share good practices. That would bring a good example of a constructive international cooperation in action.

We must be thinking of and for the future. We must be thinking of our followers. Educating the young in human rights can and will lead to instilling in each and every young person an awareness of the richness of the human rights idea and help promote a universal culture of human rights. I urge all of us to take a close look at how we have been performing in this area in the course of the second half of the decade for human rights education.

In the context of what I have said till now let me refer to what lies ahead of us. The catalogue of issues we are supposed to deal with is well known. I am not going to dwell on details because of my respect to you - eminent experts, because of my respect to this august body. What seems to me more important on the verge of the current session of the Commission is to reflect on how we should approach our business.

In the course of my pre-session consultations and advice-seeking meetings with all delegations I have always heard a kind of a warning: this session is going to be difficult, difficult or even worse. I can not agree with a difficult-or-not-difficult approach to this session of the Commission. As we know from experience, no session of the Commission on Human Rights is ever easy. Nor, as long as the world remains as it is, should it be. Besides, each international gathering tends to be difficult if it deals with difficult issues.

From my point view, the basic question on the verge of the current session is different: is there a chance for this session to be fruitful, productive, in these profoundly serious circumstances, against all odds? My answer is yes! For that depends on us. That is in our hands and minds. That depends on how we discharge of our responsibilities. That depends on our mental disposition, on the level of dialogue we are prepared to accept, on the amount of respect to others we carry in ourselves. Many words of – sometimes difficult or painful – truth will be said. We should not avoid to publicly state where we differ. This is our principled duty. But, I repeat, we must be prepared to listen to others, to strive for common understanding, for consensus – whenever possible. And one more, very important thing: the language we use. I wish to restate after my predecessors: the language of concern is not the language of insult. Tough messages are not strengthen by tough words. We are here to solve problems, no to aggravate difficulties.

Perhaps time has come to slightly re-draw a kind of standard picture of the Commission’s session. For years we have witnessed a situation in which public attention and media coverage have focused primarily or even almost exclusively on difficult deliberations on country resolutions. Comprehensibly. The Commission on Human Rights must deal with the violations of human rights, if – I repeat – they are committed at a large scale or when our conscience is moved. This is the Commission’s raison d’etre. And since States have undertaken obligations to respect human rights, violations mean, essentially, violations by States. It can not be otherwise.

However, if we look at our agenda, we see great many urgent problems our societies face today: extreme poverty, rights of women, of children, of vulnerable groups, development etc., etc. Thematic issues are of significance, indeed. Working effectively and resolutely towards the protection, strengthening and promotion of all the spectrum of human rights we shall be contributing towards – at least – the alleviation of burdens those problems cause. Each solution, even of a small problem means less suffering and more humanity.

Chair is to serve you, to do whatever possible to secure an efficient and orderly course of the session. I will be at your disposal and ready to use whatever may be at my disposal to facilitate your work. Of course, the parameters within which the chair can operate are strictly delineated. However, if within these borders my involvement can be of use, I am more than prepared to do so.

I believe it is important how we begin, what climate prevails in this chamber while we take off. A critical mass of positive disposition towards our work is of critical significance for what will follow. I shall work hard to that end. After many pre-session meetings with delegations and regional groups, after fruitful exchanges for which I am grateful, I know I am not alone in such an endeavour.

The chair has many responsibilities. The chair has also few rights I intend to employ with your support. Time is not our ally. We have to work efficiently. Key words in this context are discipline and respect to others. Abiding by time limits, maintaining quiet and order in the chamber, avoiding unnecessary polemics, concentrating on substance of a matter under consideration – this is what you should be expecting from others and this is where you should reciprocate.

I know there is a lot of good will, concern and commitment for human rights on the part of all present in this chamber. With that we will succeed. I count on the support of all participants, member States, observer States, non-governmental organizations and International Organizations in pursuing our goals.

I wish you brilliant ideas, a lot of empathy and bright vision.

I wish you a wise session.