Statement to the Parliamentary Assembly of the Council of Europe by Louise Arbour, United Nations High Commissioner for Human Rights

“The State of Human Rights and Democracy
in Europe”

Strasbourg, 18 April 2007


Mr. President;
Excellencies;
Ladies and Gentlemen;

It is an honour for me to address the Parliamentary Assembly of the Council of Europe on this occasion; the first of its kind. I’m not sure that I can do justice to a topic as broad as the state of human rights and democracy in Europe but I will attempt, from a global perspective, to address three key challenges that confront the citizens and residents of Europe and the institutions that have the mission to protect their rights. The advanced state of human rights and democracy in Europe today, seen in the light of history and at least from a normative point of view, is a genuine achievement; across an entire continent, the rule of law is deeply embedded, democratic institutions and the practical enjoyment of rights are woven in the legal, political and social fabric of very diverse societies. That said, some of the impressive gains over the last decades are today challenged afresh, and several problems continue to defy resolution. The issues related to the fight against terrorism and to expanding migration flows as well as persistent discriminatory attitudes and practices lead the range of human rights concerns that should dominate Europe’s agenda.

Ladies and Gentlemen,

The opportunity represented by today’s debate in this chamber – to throw an objective, impartial light across the state of human rights in Europe – is very valuable indeed.

This Assembly is an ideal forum for problems to be squarely confronted, as well as successes to be celebrated. In light of the insights acquired in this chamber and elsewhere, the Parliamentary Assembly is in a position to act decisively in response to grave human rights violations, and should also be fully engaged in preventive action.


Ladies and Gentlemen,

Security of the individual is a basic human right, and the protection of individuals is accordingly a fundamental obligation of Government. This rather trite observation is often conveniently overlooked, as some governments portray human rights as an obstacle to their legitimate security concerns. Terrorism, much more so than even large, organized criminal activity confronts the right to life and to security, the rule of law itself and democracy – some of the fundamental values that underpin the existence of the Council of Europe. Yet, as has been well-documented by the Council’s Committee on Legal Affairs and Human Rights, measures adopted by some States in the name of counter-terrorism disregard basic human rights requirements of due process and non-discrimination and in this way impair the rule of law, as well as the long-term sustainable success of the fight against terrorism. I applaud the Council, and indeed the initiatives of this Assembly, for its commitment to ensure that the fight against terrorism does not serve as a pretext to undermine fundamental human rights and to erode democratic values.

Progress towards strengthening human rights protection has been made overtime. However, I am deeply concerned that some States continue to engage in serious human rights abuses, including torture and other ill-treatment, as measures for countering terrorism, while the legal and practical safeguards available to prevent torture, such as regular and independent monitoring of detention centres, are often disregarded. Other States have condoned the use of evidence extracted by torture or other ill-treatment, a practice strongly condemned by the European Court of Human Rights. Some Member States of this Council also have been implicated in the unlawful return of persons suspected of engaging in terrorist activities to countries where they face a real risk of torture or other serious human rights abuse, thereby violating the international legal obligation of non-refoulement. Others are quick to tarnish media and civil society with a terrorist brush, visiting upon them harsh and disproportionate legal consequences.

Together, these practices undermine the legitimacy of democratic institutions and are counter-productive to national and international efforts to combat terrorism by lawful means. They also have a seriously corrosive effect on the rule of law and human rights not just in Europe, but around the world, as the erosion of standards becomes difficult to contain.

This Parliamentary Assembly is well-situated to encourage member States, through the Committee of Ministers, to implement fully their obligations under international human rights law through existing structures and to strengthen protection through the new tools of international human rights law. I take this opportunity to encourage all States represented in this Assembly to ratify the Optional Protocol of the UN Convention against Torture, and the International Convention for the Protection of All Persons from Enforced Disappearances, not only as a sign of good faith but as a firm commitment to effective protection around the world.

The Council has taken laudable steps to ensure that measures for combating terrorism do not compromise human rights. The establishment of inquiries to investigate reports of serious human rights violations - notably secret detentions and unlawful inter-state transfers that have taken place in Europe or elsewhere under the responsibility of European states - is highly commendable and I hope will become routine practice. I would encourage the Council to follow up on the specific recommendations made by these bodies. The jurisprudence of the European Court of Human Rights continues to provide crucial guidance to policy makers in developing counter-terrorism strategies that are fully respectful of human rights, safeguarding both the fundamental right of individuals to due process and their equally fundamental right to security.

The practical effectiveness of the Court’s decisions, and indeed of all human rights monitoring mechanisms under the auspices of the Council, will depend upon the sustained political support of the Parliamentary Assembly and commitment to follow up by individual member States and I encourage the Assembly to exercise its strong leadership to this end.

Ladies and Gentlemen,

Migration issues have risen to the top of the political agenda around the world, as evidence by last year’s high level debate in the General Assembly. Well-managed migration brings many benefits, while migration in contexts where the rights of migrants are violated in countries of either origin, transit or destination, compounds already complex problems. Migration towards and into Europe has posed the challenges in stark terms, and the issue is one that resonates not just in frontier States, but has profound implications across the continent. Yet on such a critical issue, Europe’s commitment to fundamental standards is surprisingly weak. Without engagement on matters such as this, I would suggest, European credibility and authority is at risk when it seeks to encourage other States and regions to tackle problems that are sensitive or complex in their part of the world, or that are perceived as adverse to economic or other powerful interests.

Of all member States of the Council of Europe, only three - Azerbaijan, Bosnia Herzegovina and Turkey - are a party to the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families. It is imperative that more European countries sign, ratify or accede to this Convention, which to a large extent simply makes explicit for migrants many of the rights already set out elsewhere in binding treaties. I recognize and welcome the fact that the Parliamentary Assembly has on several occasions adopted resolutions inviting member States to sign, ratify and implement this Convention, and would encourage the Assembly to take further steps to examine the obstacles, whether real or imagined, that are seen to stand in the way of Europe’s commitment to this fundamental human rights treaty.

Ladies and Gentlemen,

Modern Europe has yet to overcome racist, xenophobic and discriminatory attitudes and practices that negatively affect many of its most vulnerable populations. Despite the progress made in many other areas, the field of discrimination is perhaps the one area of greatest disconnect between the standards and institutions developed, and the actual extent of practical improvement, real though that has been. Not only do deeply-rooted forms of discrimination such as racial and ethnic discrimination persist, but subtler and new forms of discrimination whose perniciousness was not fully appreciated, are reaching public consciousness. This is true in the case of discrimination on the basis of religion or belief and discrimination against persons with physical or mental disabilities. There is also the recognition of the discriminatory dimensions of already well-known issues, such as violence against women and the shameful neglect of the elderly.

In this area, a first step is to ensure that laws conform to the highest international standards. I therefore call for prompt adhesion by States represented in this body to the new Convention on the Rights of Persons with Disabilities. The Parliamentary Assembly can and should give real impetus to this process. States also need to be reminded of and held to their public commitments, including to the agreements reached at Durban in 2001 in the combat against racism, xenophobia and related intolerance. States must be willing to examine whether further normative developments are required. In the United Nations, processes are ongoing to examine the need for supplementary standards in the area of racial and religious discrimination. Finally, States must be prepared to establish and resource the institutions necessary to make these legal and political commitments a practical reality on the ground.

Ladies and Gentlemen,

The many and storied successes of the Council of Europe should give us confidence in tackling these issues, both long-standing and of newer heritage. The citizens and inhabitants of Europe cannot be complacent in the face of the progress achieved as they contemplate a level of social justice and equality that is clearly within their reach. I have no doubt that this Parliamentary Assembly if fully committed to making this expectation a daily reality.

Thank you.