DHC's statement to the Int. Conf. on "60 years of the Universal Declaration of Human Rights: Between Rhetoric and Reality"

Cairo, Egypt, 1st December 2008



Excellencies,
Distinguished Guests,
Ladies and Gentlemen,

It is a great pleasure and honour for me to attend this International Conference marking 60 years since the adoption of the Universal Declaration of Human Rights (UDHR), organized by the National Council for Human Rights of Egypt. As we approach the 60th anniversary of the UDHR on 10 December, celebrated internationally as Human Rights Day, it is particularly fitting that we reflect upon this enduring legacy in Egypt, land of one of the oldest civilizations on Earth and home to new and emerging human rights institutions. I would like to express my deep appreciation to the Council and its Chairman, former United Nations Secretary-General, H.E. Mr. Boutros Boutros Ghali, for organizing this workshop, to UNESCO for their support and to all our partners in the field of human rights, including the NGO community, for their attendance today.

In 1948, Member States of the then newly-established United Nations looked back on the previous decade of war and upheaval that had ravaged our societies and destroyed millions of lives, and resolved to improve the condition of humanity once and for all. The UDHR was the result of that effort, representing the culmination of research undertaken in all regions of the globe, canvassing scholars, thinkers and political leaders to identify the values common to all peoples.

The drafting committee led by Mrs. Eleanor Roosevelt formulated a document that spelled out the fundamental ingredients essential to a life lived in dignity. Long before technology made it possible for us to meet and interact with one another on the opposite side of the world, the UDHR was an enunciation of our shared humanity and fate as one global community of many nations and peoples.

Over the past 60 years, the fundamental human rights recognised in the Universal Declaration have been codified and further elaborated in a range of specific human rights treaties and protocols. These treaties have provided an expanding framework for state obligations towards the ever fuller implementation of the human rights values enshrined in the Declaration. These in turn have made it possible for growing numbers of people to claim freedom, equality, justice and wellbeing. However, despite our achievements over the past 60 years, for too many people the promises of the Declaration remain unfulfilled, as the will and resources to give effect to States’ human rights obligations lag lamentably behind pledges. The gap between pledges and implementation, between rhetoric and reality remains wide and deep in too many corners of the world.

We cannot be satisfied with our legacy until we have taken concerted, targeted and determined action to end discrimination and violence against women and children, to end poverty, and to end religious and racial discrimination. We cannot remain complacent while there is widespread impunity, torture and detention without trial. We cannot loosen up on our efforts to ensure that measures taken under the rubric of combating the menace of terrorism are undertaken within the framework of international law, especially international human rights law.

Containment of the freedom of opinion, expression and assembly, through persecution of journalists, artists, poets and bloggers, as well as restrictions on the formation of NGOs, cannot be justified 60 years after the UDHR. We cannot deny women’s rights, especially that of the girl-child, have its central place in promoting the new reality without discrimination, without violence against women, without sexual harassment and other forms of abuse.

We cannot rest in half-hearted commitment and ambivalence about the importance of upholding human rights for sustainable peace and development. The World Summit of 2005 reaffirmed human rights as the third pillar in all aspects of the work of the United Nations, on equal footing with peace and security and development. Indeed, much progress has been made to integrate human rights into U.N efforts to resolve conflict and build peace. However, the frequent outbreak of human rights crises reminds us how much further we still have to go. A case in point is the relapse to violent conflict in the Democratic Republic of Congo as the High Commissioner made clear at the Special Session of the Human Rights Council last week, human rights must be placed at the centre from the very beginning of efforts to shore up peace in the aftermath of violent conflict. Along with efforts to build the capacity of fledgling institutions to protect and promote populations, peace building must come to terms with past and on-going abuses. Left unaccounted for, gross violations of human rights fuel conflicts for which innocent civilians, especially women and children, end up paying the price with their lives and shattered dignity. Without genuine efforts to end impunity and protect and empower the victims in post-conflict societies, peace can only remain fragile.

In the development sector, mainstreaming human rights is now accepted as a principle. However, the implementation remains uneven and ad hoc. It is not enough to repeat the mantra that human rights principles, such as participation, accountability and non-discrimination must be incorporated into operational activities for development. The real change will take place when we give practical, operational effect to the right to development, and when economic, social and cultural rights are placed at the heart of efforts at societal transformation. In this regard, the adoption by the General Assembly next week on Human Rights Day of the Optional Protocol to the International Covenant of Economic, Social and Cultural Rights should be celebrated as a pivotal milestone. But as with all human rights norms, what counts in the end will not be the Optional Protocol itself but the changes it will bring about for people’s enjoyment of rights.

Meanwhile, new global challenges threaten to diminish hard-earned gains. Human trafficking, climate change and the degradation of the natural environment, food emergencies, and the global financial crisis all have enormous consequences for human rights, especially for the most vulnerable and marginalized members of humanity. These challenges call for global responses, built upon the UDHR’s fundamental tenet of dignity and equality for all. The 21st Century of ever enhancing rights consciousness on the part of everyday citizens demands nothing less. But so far, the signs have not been encouraging, and it remains an uphill battle to infuse human rights thinking into national and global strategies to deal with these challenges.

In this regard, we welcome the initiative of Egypt in Geneva to start a discussion on the implications of the financial crisis for human rights around the world. The modalities of the discussion have yet to be worked out, but OHCHR stands ready to support and work with Egypt on this initiative. In all of these efforts, as we continue to move forward in setting international standards and bringing human rights principles to bear upon new challenges, we should never lose sight of the goal: to give full implementation to the ideals of the Universal Declaration, to bridge the gap in rhetoric and reality.

Ladies and Gentlemen,

States will continue to bear the primary responsibility in bridging the gap between rhetoric and reality of human rights. But there are other actors who can play a vital role. In particular, independent national human rights institutions are instrumental. Situated between the duty-bearers and rights-holders with statutory mandates and resources, they have become an integral part of the national human rights protection and promotion mechanism where they exist. The primary task of national human rights institutions is to advocate for greater national compliance with international human rights standards, through legal and judicial reform, encouraging regular reporting to treaty monitoring bodies, adopting their own complaint procedures and mediating effectively between rights-holders and duty-bearers.

Indeed, their growing numbers and their strengthening network at the global and regional levels have been one of the most important developments in the human rights movement during the past 15 years since the Vienna World Conference on Human Rights. We at the Office of the High Commissioner for Human Rights have been pleased to support the annual meeting of the Arab National Human Rights Institutions. The fifth of such meeting will be held early next year in Jordan. I welcome the establishment of a NHRI in Bahrain, which is the 10th Arab NHRI. I encourage the rest of the Arab Countries which have not established NHRI’s to consider doing so. OHCHR stands ready to assist in strengthening their independence and effectiveness, as well as enhancing their profile in the global human rights movement.

OHCHR was also very pleased with the organizational and substantive assistance it could render to the 9th International Conference of NHRI’s in Nairobi, Kenya last month. The Conference adopted a comprehensive and ambitious Declaration, pledging more active and visible role for national human rights institutions in the administration of justice at the national level. I do hope that the Declaration will be fully implemented by the National Council for Human Rights of Egypt and other NI’s in the region.

Civil Society organizations are also vital to giving effect to human rights on the ground. In this regard, I am particularly pleased with the presence today of representatives of Egypt’s human rights NGO community. By drawing attention to deficiencies and gaps in national human rights implementation, the NGO community performs a great service to its country and people. Civil society advocacy propels States to serve better the people and to rise in world opinion.

The shared goals of civil society and national human rights institutions are reflected in the Paris Principles, which call on national human rights institutions to enhance their relations with human rights NGOs. The inclusion of NGOs in supporting the operation of national human rights institutions is increasingly significant in the accreditation process conducted by the International Coordinating Committee of National Human Rights Institutions.

Another key player for better implementation of human rights are regional human rights mechanisms. In this regard, the entry into force in March this year of the League of Arab States’ Human Rights Charter was an important milestone. The Charter sets out standards for the promotion and protection of human rights in the 22 countries of the League. An earlier version of this Charter had been reviewed, at the League’s request, by Arab experts sitting on the United Nations treaty bodies, and their recommendations led to the strengthening of the document’s protection provisions. OHCHR stands ready to support the League of Arab States in the establishment of the Human Rights Committee under the Charter by providing expertise regarding eligibility criteria for the members of this future committee.

As we reflect upon 60 years of the UDHR, we must build upon its legacy and work towards its fuller realization for all of humanity. I cannot think of a better path to creating a better world for future generations. Whether we work for national human rights institutions, civil society organizations, governments or the United Nations, let us remember the common humanity and determination for a better world reflected in the UDHR. Let us reaffirm our “faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women.” Let us go forward with renewed determination to speed up the day that every woman, man and child lives free from hunger, and protected from oppression, violence and discrimination.

Thank you.