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19 March 2002



58TH SESSION OF THE COMMISSION ON HUMAN RIGHTS
(GENEVA, 18 MARCH – 26 APRIL 2002)


STATEMENT BY H.E. MR JOSEP PIQUÉ I CAMPS
MINISTER FOR FOREIGN AFFAIRS OF THE KINGDOM OF SPAIN
ON BEHALF OF THE EUROPEAN UNION




Mr. Chairman,

I am honoured to be addressing the Commission on Human Rights today on behalf of the European Union. The Central and Eastern European countries associated with the European Union - Bulgaria, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia, Slovenia - together with the associated countries, Cyprus, Malta and Turkey, have expressed their desire to align themselves with this statement.

At the outset, I would like to congratulate Ambassador Jakubowski on his election as Chairman of the Commission, wishing him every success. I would also like to thank Ambassador Despouy for his magnificent work over the course of this last year.

Mr. Chairman,

The European Union is aware of the importance and prestige of this forum, which is, every year, a decisive event for all of us who try to ensure international respect for human rights, including both member countries and observers, the NGO’s and the Secretariat, headed by the High Commissioner. I would like to pay a tribute to her dedication, especially when she has just announced her resignation. Her work must be commended and deserves the EU’s gratitude for her dedication and ethical commitment. Thanks to the efforts of all the participants in them, these meetings allow us to make a fruitful reflection on the various problems that still exist in the field of human rights, leading to the adoption of decisions geared towards action and the solving of many human rights problems. In this sense, the European Union will work to reinforce, as far as possible, the role of the Commission and to increase its capacity for initiative and action. We ask the Member States to increase their level of commitment and co-operation with the existing mechanisms, especially with the Office of the High Commissioner, with the treaty bodies, and most especially with the rapporteurs and special representatives. For our part, we shall approach the tasks of the Commission with a spirit of co-operation and with the sincere commitment to contribute to the improvement of the situation of human rights throughout the world, aware of the ties that exist between peace and international stability, on the one hand, and respect for human rights, on the other.

Mr Chairman,

We can all feel proud of the significant evolution in the international codification of these rights, from the proclamation of the Universal Declaration of Human Rights in 1948 to the present day. This process has given rise to the birth of a complete system of conventions on various different aspects of human rights, with their corresponding bodies of experts and mechanisms that periodically examine the level of compliance of member States. However, despite all that has been done, there are still many areas which require our attention and which are in need of action. This greater scrutiny, ever more demanding and specific, in fact corresponds to a world which is daily more globalised and transparent, where it is not only easier to communicate and exchange opinions and commerce, but also more urgent to defend human rights and demand that they be respected.

The European Union is fully aware of the fact that it is not sufficient to demand the universal compliance with those civil and political rights which most of the international community consider to be basic, such as freedom of speech or the right to religious freedom. We must also respect a series of economic and social rights which form the very basis for the evolution and progress of our societies. This is the case of health, education, the right to employment or the right to enjoy and participate in the development of a specific culture. The conquest of these rights is fundamental and we should all feel committed to this task, given that they form an intrinsic part of human dignity and freedom which is the cornerstone of any nation governed through the Rule of Law. All human rights are not only universal, but also indivisible, as progress in the world would be senseless against the background of entire countries subject to tyranny, thousands of refugees and displaced persons, discrimination on sexual grounds or citizens who are persecuted for their ideas or for trying to defend democracy.

I have referred to the universal nature of these rights, Mr. Chairman, but I should like to make it clear, here and now, that the European Union has no intention of imposing its own rules of behaviour on other countries. When we refer to those rights which are nowadays accepted, in general terms, as being universal, we should not forget that, on the one hand, these rights are demanded by human dignity itself and, on the other hand, that they are binding for all the States which have decided freely to be a part of the conventional instruments I referred to previously, and that these States must assume the specific obligations derived from these rights.

The European Union has made a great effort to institutionalise these rights and put them efficiently into practice, and it does not intend to elude its responsibilities in this matter. The articulation of a policy for international solidarity with the least favoured peoples, the difficulties experienced by immigrant peoples in their integration into society and the real elimination of intolerance and racial discrimination are just some of the challenges facing the European population.

Mr. Chairman,

In accordance with points 8 and 9 of our agenda, the European Union will make a detailed analysis of the specific situations where there are violations of human rights in the world and of those places where certain human rights are not respected with sufficient clarity and transparency.

However, I should like to take this opportunity to mention one question which concerns not only the European Union, but the world at large: terrorism.

In one way or another, all human rights revolve around one basic and fundamental right, the right to live. However, it is, sadly, all too frequent to see in our society that the phenomenon of terrorism treats this elementary human right with total disregard and disrespect.

The scourge of terrorism is neither new nor restricted to a particular region or country; however, the terrible attacks perpetrated last September, as a result of their extreme and inhuman cruelty, have awakened the international community to the need to put an end to terrorism through the firm and concerted effort of all the members of the international community. The fight against this threat to our freedom must be accepted unreservedly by everyone if we are ever to rid our societies of this terrible phenomenon. However, this fight must be waged within a framework where the fundamental rights and freedoms and the rule of law are fully respected. This is the only way to ensure that our democratic values prevail and that our societies will be able to live in peace. We cannot allow terrorism the victory of forcing us to forget our own principles and values by our taking on its own perverse logic.

Mr. Chairman,

I have already referred to the world as being more interrelated and globalised and this also means a world where we must not remain passive in the face of violations of human rights. Authoritarian regimes are beginning to fear their own policies of discrimination, repression and cruelty in fighting those who stand for the freedom and dignity of their people, since such regimes know that, sooner or later they will be identified and judged by the international community. The creation of special tribunals for Rwanda and the former-Yugoslavia, and the legal accountability of ex-dictators are important steps in favour of the promotion and protection of human rights, because human rights cannot be considered as internal affairs protected by borders and the principle of national sovereignty. The creation and definitive setting up of the International Penal Court, which will hopefully take place in the near future and which has recently been one of the priorities of the European Union’s external activities, will, without doubt, be a decisive step in this direction and will allow us to cross a new threshold in the institutionalisation and reaffirmation of the universal human rights we have been defending.

Mr. Chairman,

There are numerous less-favoured sectors in the world which continue to suffer discrimination, and this is all the more tragic when we realise that they are generally peoples who find themselves totally unprotected. Some days ago we celebrated International Woman’s Day and we should not forget just how much remains to be done both with regards to actual discrimination, one of the aspects against which the European Union continues to fight, but also with regards to a basic respect for the dignity and freedom of women throughout the world. We have now in the case of Safiya Hussaini a clear example of this. We demand the Nigerian authorities to definitely put an end to this incredible cruelty. Nor should we forget how much needs to be done regarding the rights of the child. The European Union trusts that the Special Session of the General Assembly on the Rights of the Child, to be held next May in New York, will make decisive advances in this field, just as we hope that the World Assembly on Ageing, to be held next month in Madrid, will bring about the consolidation of the rights and wellbeing of a section of our population which is ever more numerous and often finds itself unprotected and forced to live in precarious conditions.


Mr. Chairman,

There are two questions which are now fundamental issues for analysis and discussion in this Commission and which are given absolute priority by the European Union. I am referring, of course, to the death penalty and to torture.

We consider the death penalty to be a type of punishment which is basically in contradiction with human dignity, and for this reason we will continue to fight in this and in other forums for its universal abolition. We shall likewise continue to fight, where the abolition of the death penalty is still not possible, at least for moratoria, and for the death penalty not to be applied in extreme cases such as those involving minors or the mentally handicapped.

With regard to torture, we must fight wherever possible for its unconditional prohibition and remember the fact that it is one of the most hateful and contemptible violations of human rights, aimed at physically and morally destroying a person. Here we should take preventive actions, and this year we have an historic opportunity to make some advance in this field given that the Commission is to consider, following many years of study and preparation, the Optional Protocol to the Convention against Torture, in which, as was recommended by the World Conference in Vienna, a mechanism of preventive visits is contemplated. The European Union considers that the project drawn up under the leadership of the Chairwoman-Rapporteur of the Working Group, MS. Odio-Benito, whose courage I would like to pay homage to here, is a balanced text and one which we should preserve.

Mr. Chairman,

The Commission has, once more, just begun its work. The European Union hopes that this will be fruitful and allow us, in an atmosphere of co-operation and understanding, to improve the situation of human rights throughout the world. This is our aim, and not useless accusations. To this end, we should not conceal problems, but solve them together, and consequently we once again offer our effort and willingness to dialogue, in the hope that by working together we may get closer to achieving our objectives.

Thank you very much.




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