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STATEMENT BY ENRIQUE TER HORST, DEPUTY HIGH COMMISSIONER FOR HUMAN RIGHTS ALL HUMAN RIGHTS FOR ALL: A CRITICAL APPRAISAL
06 July 1998
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Graduate Study Programme, Geneva Information Service
Geneva
Ladies and Gentlemen,
It is a pleasure for me to address the 36th Graduate Study Programme. The theme chosen this year, "All Human Rights for All: A Critical Appraisal", is, as you can easily imagine, at the core of the mandate of the Office of the High Commissioner for Human Rights and the centre of the celebration of the 50th Anniversary of the Universal Declaration of Universal Declaration.
The Vienna Declaration in 1993 stated that “Human rights and fundamental freedoms are the birthright of all human beings”. The task of ensuring the full implementation of that principle is not easy because the expression “human rights” carries different meanings, and resonates differently in different parts of the world and within countries depending on political preferences, ethnic association, religious views and, importantly, economic status.
We are aware of the gap in perceptions of what is meant by human rights. It is that gap that must be narrowed if there is to be a shared commitment at the international level to further the promotion and protection of human rights. The broad mandate of the Office entrusts the High Commissioner with the particular responsibility to bridge that gap. The other gap which has to be bridged is the gap between civil and political rights on one side and economic, social and cultural rights on the other side. The responsibility of the OHCHR is to adopt and foster a rights-based approach across the whole spectrum of civil, political, economic, social and cultural rights, to promote and protect the realization of the right to development and specifically to include women’s rights as human rights, as stated in the Vienna Declaration and reminded by the Beijing Conference.
As you are well aware, on 10 December 1998, we will commemorate the 50th anniversary of the Universal Declaration of Human Rights. Like all major anniversaries, it provides an opportunity to take stock, to examine what has been achieved and to reflect on what needs to be accomplished in the future. It is fitting that this should take place in the same year as the five-year review of the Vienna Conference.
The Motto of the 50th Anniversary, “All Human Rights for All” describes well the task to be carried out and to which extend we must commit ourselves to achieving this objective in the years ahead. It is unfortunately evident - as we launch this anniversary - that we have little cause for celebration. For millions of people in the world human rights remain only words on paper, not freedoms to be enjoyed. We should however use this day and year to focus on the future, reinvigorating our common will and re-commiting the international community to help ensure the enjoyment of human rights by people everywhere, especially those still suffering under oppression.
The Universal Declaration ranks as one of the great aspirational documents of history. It embodies the hopes of people still scared from two World wars, newly fearful of the Cold War and just beginning the great liberation of peoples which came about with the dismantling of the European empires.
The Universal Declaration was the first international articulation of the rights and freedoms of all members of the human family. For the first time in history, nations had come together to agree on the content of the rights of all human beings. They did so in the aftermath of the barbarities of the Second World War, out of respect for the dignity of each human being and because they perceived the close connection between violations of human rights and national and international peace.
The Universal Declaration as “common standard of achievement for all peoples and all nations”, treated human rights as not only universal but indivisible; that civil and political rights on the one hand and economic, social and cultural rights, on the other, are both demanding of protection at the same level and are interdependent and interrelated. In doing so, it laid the essential conceptual foundations of the international law of human rights, it charted the human rights agenda of the United Nations and awakened civil society to the cause of human rights.
Thus the Declaration proclaims in its Preamble that “recognition of the inherent dignity and of the equal and unalterable rights of all members of the human family is the foundation of freedom, justice and peace in the world”. Economic, social and cultural rights are set out with the same degree of affirmation and conviction as civil and political rights. Freedom of speech and belief are enshrined, but also freedom from fear and want. Fair trial and the right of participatory and representative government sit shoulder to shoulder with the right to work, to equal pay for equal work, and the right to education. Both sets of rights are proclaimed as “the highest aspiration of the common people”. All the people.
The Declaration has exerted a moral, political and legal influence throughout the world, far beyond the aspirations of its drafters. It has been the primary source of inspiration of all post-war international legislation in the field of human rights. Many provisions have become part of customary international law, which is binding on all States, whether they have or not ratified international human rights instruments. Thus, what started its existence as a solemn but non-binding proclamation of rights and freedoms has, at least in some respects, if not all, acquired through State practice the status of universal law.
We must however recognize that there has been an imbalance in the promotion at the international level of economic, social and cultural rights. There are 48 countries with more than one fifth of the population living in what is called “extreme poverty”. Moreover we still face widespread discrimination on the basis of gender, ethnicity, religious belief. And genocide has again taken place recently, in Rwanda.
Notwithstanding the cruel fact of the persistence of human rights violations throughout the world this document has served and will continue to serve as a reminder that the world community cannot turn a blind eye to the suffering of the oppressed and the destitute and that it has a mandate to concern itself and offer assistance - beyond all frontiers.
One need look no further than the Preamble of the Declaration to realise that, while the world around us is evolving at a pace more rapid than at any other time in history, the premises on which the Declaration is founded will remain valid. Test their relevance against the bitter realities of today’s world events. The Preamble continues to articulate our response. It speaks of “barbarous acts which have outraged the conscience of mankind”. It reminds us of the connection between human rights observance and “friendly relations between nations”. It ends, with a phrase that goes to the heart of the commemoration of the 50th anniversary, that a “common understanding of the rights and freedoms is of the greatest importance for the full realisation of this pledge”.
Ladies and Gentlemen,
The UN Charter embodies the conviction that by protecting human rights, we can create an environment in which each individual is able to develop his or her own gifts to the fullest extent. Providing this assurance of protection, in turn, will contribute to preventing so many of the conflicts based on poverty, discrimination and political oppression which continue to plague humanity. The vicious cycle: violations of human rights - conflicts (which in turn lead to more violations) must be broken. The reaction to conflict always comes too late from the perspective of those whose rights have been violated. It is the time for us to assume collective responsibility and strengthen the institutions and processes to anticipate, deter and prevent gross human rights violations.
In that regard, I would like to refer to the profound importance of conducting human rights work where people live. The presence of OHCHR in the field allows to understand the true state of human rights in a society: it gives substance to the words of Governments, faces to the victims of rights violations, immediacy to the actions of human rights workers. Daily contacts in the field, in the form of dialogue with officials, information-sharing with NGOs, meetings with individual victims, help us to learn about the unique qualities of different societies. Of course, our hope is that the societies learn too: that the meaning of human rights is appreciated at a deeper level, that human rights violations decrease, that the threat of conflict -- whether internal or external -- is reduced. Human rights field work presents the opportunity for a remarkable synergy, between a society and international professionals working together with members of that society, for the advancement of human rights. In recent years, the Office of the High Commissioner for Human Rights has increasingly devoted its efforts to field work in that broad sense, as we have established presences in Rwanda, Burundi, the Democratic Republic of Congo, Colombia, El Salvador, Guatemala, Togo, Liberia, Angola, Malawi and Georgia, and expanded and developed others in Gaza, Cambodia, Mongolia, Bosnia and Herzegovina, Croatia and the Federal Republic of Yugoslavia. A new presence is being established in South Africa for the subregion. The OHCHR is also planning for possible new activities in the Federal Republic of Yugoslavia, where we may become more active in Kosovo, and are looking at new presences in Afghanistan, and possibly Indonesia, and the Sudan, if those Governments are willing. There is clearly momentum toward more field work by the Office. Indeed, much remains to be done, to assure the quality and effectiveness of the field work, and to establish consistent methodologies. This is an area of activity, in fact, that is still quite young and in the process of being shaped. The basic prerequisites for effective human rights field operations in the full sense have been well catalogued by a number of concerned parties and include the need for clear methodologies, and more specifically, for careful planning, training, the identification of stable funding sources, recruitment of persons experienced in human rights work, and a practice of recording the "lessons learned" from completed operations. There is a need to strike a balance between monitoring and advisory activities, with a focus on institution-building. It has been suggested that there should be a specialized field-mission unit within OHCHR, to ensure a consistent approach, and indeed, the new structure now includes a team dedicated to the refinement of field methodologies.
There is a profound connection between a society’s respect for human rights and the security of that society's people. Human rights field work can, and must, make an important contribution to international peace and security. This is a principle which should be more widely accepted. Too often, we look at the question of respect for human rights in isolation: Are country’s laws in conformity with its international obligations? Are persons being imprisoned for their beliefs? Is the right to economic opportunity recognized, the right to be free from discrimination? The implications of the answers to these questions extend beyond the integrity of the particular Government in question -- they touch on that society’s very stability, and the stability of societies in its neighborhood. Human rights violations are frequently the root causes of conflict and humanitarian crises. The deprivation of human rights takes from people an integral part of their lives, their sense of dignity and self-worth - a loss which humans generally strongly resist. And they do resist. They fight. They even take up arms and make war. If we wish to eliminate the root causes of conflict, as we are all committed to do, then we must ensure respect for human rights everywhere, in a real way which positively affects people’s lives.
The value of technical cooperation programmes aimed at strengthening democratic and human rights institutions, the rule of law, and popular human rights awareness has long been recognized. This value is enhanced when such programmes are implemented in war-torn societies which are on the road toward peace. In this context, technical cooperation becomes a tool that reinforces the commitment to peace, strengthening the fragile institutions built by the parties and their international partners in the aftermath of war. Just as one would not use bricks without mortar, we should not invest in peace-keeping operations without adding an element for long-term human rights protection.
In a roundtable held in Vienna last week, the High Commissioner identified four pillars of the human rights strategy for post-conflict situations: reconciliation, monitoring, institution building, empowering people.
Reconciliation can be facilitated by taking a serious attitude towards the past, as well as by a clear and stable framework for the future. Open dialogue, free and fair elections, democratic constitutional principles, a just economic policy are all factors with a decisive bearing on the reintegration of a society,
Monitoring of human rights developments is necessary in the context of fragility of the political and legal system,
Institution-building, including the reform of law, as a basic stabilizing factor and method of democratization of the political system which should receive preferential treatment by the Government and international organizations,
Empowering people is the essence and basic method of the transition to democracy. Promotion and protection of all human rights, development of a human rights culture. Establishing effective remedies against violations of all human rights -all of these empower people- missing this goal can undermine the entire process of transition to democracy.
Ladies and gentlemen,
The High Commissioner has insistedly called for the need to build a global alliance for human rights - a partnership linking governments, civil society, and international organizations. Working together, assisting and drawing lessons from each other, helping people to realize their rights - that's what the Universal Declaration teaches us.
Allow me to conclude by citing the High Commissioner who has stated that “1998 must become a year of tangible progress in the realisation of all human rights. The Universal Declaration continues to be our guide in this endeavour. Read it. Talk about it. Take its message with you in your daily life. This is our common challenge as we begin this year for human rights. The time has come for us to make a new commitment to all human rights. Let us begin today...”
I thank you for your attention.
Geneva
Ladies and Gentlemen,
It is a pleasure for me to address the 36th Graduate Study Programme. The theme chosen this year, "All Human Rights for All: A Critical Appraisal", is, as you can easily imagine, at the core of the mandate of the Office of the High Commissioner for Human Rights and the centre of the celebration of the 50th Anniversary of the Universal Declaration of Universal Declaration.
The Vienna Declaration in 1993 stated that “Human rights and fundamental freedoms are the birthright of all human beings”. The task of ensuring the full implementation of that principle is not easy because the expression “human rights” carries different meanings, and resonates differently in different parts of the world and within countries depending on political preferences, ethnic association, religious views and, importantly, economic status.
We are aware of the gap in perceptions of what is meant by human rights. It is that gap that must be narrowed if there is to be a shared commitment at the international level to further the promotion and protection of human rights. The broad mandate of the Office entrusts the High Commissioner with the particular responsibility to bridge that gap. The other gap which has to be bridged is the gap between civil and political rights on one side and economic, social and cultural rights on the other side. The responsibility of the OHCHR is to adopt and foster a rights-based approach across the whole spectrum of civil, political, economic, social and cultural rights, to promote and protect the realization of the right to development and specifically to include women’s rights as human rights, as stated in the Vienna Declaration and reminded by the Beijing Conference.
As you are well aware, on 10 December 1998, we will commemorate the 50th anniversary of the Universal Declaration of Human Rights. Like all major anniversaries, it provides an opportunity to take stock, to examine what has been achieved and to reflect on what needs to be accomplished in the future. It is fitting that this should take place in the same year as the five-year review of the Vienna Conference.
The Motto of the 50th Anniversary, “All Human Rights for All” describes well the task to be carried out and to which extend we must commit ourselves to achieving this objective in the years ahead. It is unfortunately evident - as we launch this anniversary - that we have little cause for celebration. For millions of people in the world human rights remain only words on paper, not freedoms to be enjoyed. We should however use this day and year to focus on the future, reinvigorating our common will and re-commiting the international community to help ensure the enjoyment of human rights by people everywhere, especially those still suffering under oppression.
The Universal Declaration ranks as one of the great aspirational documents of history. It embodies the hopes of people still scared from two World wars, newly fearful of the Cold War and just beginning the great liberation of peoples which came about with the dismantling of the European empires.
The Universal Declaration was the first international articulation of the rights and freedoms of all members of the human family. For the first time in history, nations had come together to agree on the content of the rights of all human beings. They did so in the aftermath of the barbarities of the Second World War, out of respect for the dignity of each human being and because they perceived the close connection between violations of human rights and national and international peace.
The Universal Declaration as “common standard of achievement for all peoples and all nations”, treated human rights as not only universal but indivisible; that civil and political rights on the one hand and economic, social and cultural rights, on the other, are both demanding of protection at the same level and are interdependent and interrelated. In doing so, it laid the essential conceptual foundations of the international law of human rights, it charted the human rights agenda of the United Nations and awakened civil society to the cause of human rights.
Thus the Declaration proclaims in its Preamble that “recognition of the inherent dignity and of the equal and unalterable rights of all members of the human family is the foundation of freedom, justice and peace in the world”. Economic, social and cultural rights are set out with the same degree of affirmation and conviction as civil and political rights. Freedom of speech and belief are enshrined, but also freedom from fear and want. Fair trial and the right of participatory and representative government sit shoulder to shoulder with the right to work, to equal pay for equal work, and the right to education. Both sets of rights are proclaimed as “the highest aspiration of the common people”. All the people.
The Declaration has exerted a moral, political and legal influence throughout the world, far beyond the aspirations of its drafters. It has been the primary source of inspiration of all post-war international legislation in the field of human rights. Many provisions have become part of customary international law, which is binding on all States, whether they have or not ratified international human rights instruments. Thus, what started its existence as a solemn but non-binding proclamation of rights and freedoms has, at least in some respects, if not all, acquired through State practice the status of universal law.
We must however recognize that there has been an imbalance in the promotion at the international level of economic, social and cultural rights. There are 48 countries with more than one fifth of the population living in what is called “extreme poverty”. Moreover we still face widespread discrimination on the basis of gender, ethnicity, religious belief. And genocide has again taken place recently, in Rwanda.
Notwithstanding the cruel fact of the persistence of human rights violations throughout the world this document has served and will continue to serve as a reminder that the world community cannot turn a blind eye to the suffering of the oppressed and the destitute and that it has a mandate to concern itself and offer assistance - beyond all frontiers.
One need look no further than the Preamble of the Declaration to realise that, while the world around us is evolving at a pace more rapid than at any other time in history, the premises on which the Declaration is founded will remain valid. Test their relevance against the bitter realities of today’s world events. The Preamble continues to articulate our response. It speaks of “barbarous acts which have outraged the conscience of mankind”. It reminds us of the connection between human rights observance and “friendly relations between nations”. It ends, with a phrase that goes to the heart of the commemoration of the 50th anniversary, that a “common understanding of the rights and freedoms is of the greatest importance for the full realisation of this pledge”.
Ladies and Gentlemen,
The UN Charter embodies the conviction that by protecting human rights, we can create an environment in which each individual is able to develop his or her own gifts to the fullest extent. Providing this assurance of protection, in turn, will contribute to preventing so many of the conflicts based on poverty, discrimination and political oppression which continue to plague humanity. The vicious cycle: violations of human rights - conflicts (which in turn lead to more violations) must be broken. The reaction to conflict always comes too late from the perspective of those whose rights have been violated. It is the time for us to assume collective responsibility and strengthen the institutions and processes to anticipate, deter and prevent gross human rights violations.
In that regard, I would like to refer to the profound importance of conducting human rights work where people live. The presence of OHCHR in the field allows to understand the true state of human rights in a society: it gives substance to the words of Governments, faces to the victims of rights violations, immediacy to the actions of human rights workers. Daily contacts in the field, in the form of dialogue with officials, information-sharing with NGOs, meetings with individual victims, help us to learn about the unique qualities of different societies. Of course, our hope is that the societies learn too: that the meaning of human rights is appreciated at a deeper level, that human rights violations decrease, that the threat of conflict -- whether internal or external -- is reduced. Human rights field work presents the opportunity for a remarkable synergy, between a society and international professionals working together with members of that society, for the advancement of human rights. In recent years, the Office of the High Commissioner for Human Rights has increasingly devoted its efforts to field work in that broad sense, as we have established presences in Rwanda, Burundi, the Democratic Republic of Congo, Colombia, El Salvador, Guatemala, Togo, Liberia, Angola, Malawi and Georgia, and expanded and developed others in Gaza, Cambodia, Mongolia, Bosnia and Herzegovina, Croatia and the Federal Republic of Yugoslavia. A new presence is being established in South Africa for the subregion. The OHCHR is also planning for possible new activities in the Federal Republic of Yugoslavia, where we may become more active in Kosovo, and are looking at new presences in Afghanistan, and possibly Indonesia, and the Sudan, if those Governments are willing. There is clearly momentum toward more field work by the Office. Indeed, much remains to be done, to assure the quality and effectiveness of the field work, and to establish consistent methodologies. This is an area of activity, in fact, that is still quite young and in the process of being shaped. The basic prerequisites for effective human rights field operations in the full sense have been well catalogued by a number of concerned parties and include the need for clear methodologies, and more specifically, for careful planning, training, the identification of stable funding sources, recruitment of persons experienced in human rights work, and a practice of recording the "lessons learned" from completed operations. There is a need to strike a balance between monitoring and advisory activities, with a focus on institution-building. It has been suggested that there should be a specialized field-mission unit within OHCHR, to ensure a consistent approach, and indeed, the new structure now includes a team dedicated to the refinement of field methodologies.
There is a profound connection between a society’s respect for human rights and the security of that society's people. Human rights field work can, and must, make an important contribution to international peace and security. This is a principle which should be more widely accepted. Too often, we look at the question of respect for human rights in isolation: Are country’s laws in conformity with its international obligations? Are persons being imprisoned for their beliefs? Is the right to economic opportunity recognized, the right to be free from discrimination? The implications of the answers to these questions extend beyond the integrity of the particular Government in question -- they touch on that society’s very stability, and the stability of societies in its neighborhood. Human rights violations are frequently the root causes of conflict and humanitarian crises. The deprivation of human rights takes from people an integral part of their lives, their sense of dignity and self-worth - a loss which humans generally strongly resist. And they do resist. They fight. They even take up arms and make war. If we wish to eliminate the root causes of conflict, as we are all committed to do, then we must ensure respect for human rights everywhere, in a real way which positively affects people’s lives.
The value of technical cooperation programmes aimed at strengthening democratic and human rights institutions, the rule of law, and popular human rights awareness has long been recognized. This value is enhanced when such programmes are implemented in war-torn societies which are on the road toward peace. In this context, technical cooperation becomes a tool that reinforces the commitment to peace, strengthening the fragile institutions built by the parties and their international partners in the aftermath of war. Just as one would not use bricks without mortar, we should not invest in peace-keeping operations without adding an element for long-term human rights protection.
In a roundtable held in Vienna last week, the High Commissioner identified four pillars of the human rights strategy for post-conflict situations: reconciliation, monitoring, institution building, empowering people.
Reconciliation can be facilitated by taking a serious attitude towards the past, as well as by a clear and stable framework for the future. Open dialogue, free and fair elections, democratic constitutional principles, a just economic policy are all factors with a decisive bearing on the reintegration of a society,
Monitoring of human rights developments is necessary in the context of fragility of the political and legal system,
Institution-building, including the reform of law, as a basic stabilizing factor and method of democratization of the political system which should receive preferential treatment by the Government and international organizations,
Empowering people is the essence and basic method of the transition to democracy. Promotion and protection of all human rights, development of a human rights culture. Establishing effective remedies against violations of all human rights -all of these empower people- missing this goal can undermine the entire process of transition to democracy.
Ladies and gentlemen,
The High Commissioner has insistedly called for the need to build a global alliance for human rights - a partnership linking governments, civil society, and international organizations. Working together, assisting and drawing lessons from each other, helping people to realize their rights - that's what the Universal Declaration teaches us.
Allow me to conclude by citing the High Commissioner who has stated that “1998 must become a year of tangible progress in the realisation of all human rights. The Universal Declaration continues to be our guide in this endeavour. Read it. Talk about it. Take its message with you in your daily life. This is our common challenge as we begin this year for human rights. The time has come for us to make a new commitment to all human rights. Let us begin today...”
I thank you for your attention.