STATEMENT BY PERMANENT SECRETARY FOR FOREIGN AFFAIRS MR FRIIS ARNE PETERSEN

18.03.2004

Mr. Chairman,
Distinguished members of the Commission,
Ladies and Gentlemen

At the outset, allow me to express my Government’s deepest sympathy and solidarity with the people and the Government of Spain at the tragic loss of innocent lives on March 11.

The international community is facing major challenges at the very start of this new 21st century. Threats to international peace and security whether emanating from totalitarian states or from a network of international terrorists pose a challenge to international protection of human rights. We must not, however, fall into the trap of meeting these threats by introducing measures undermining the rule of law, human rights and fundamental freedoms upon which democratic societies are built.

It is the firm belief of my government that a democratic society based on the rule of law is the best guarantee for the progressive development of society in terms of upholding fundamental freedoms, furthering social justice and preventing terrorism.

Article 21 of the Universal Declaration, of Human Rights, which has received the approval of all States, proclaims - and I quote – “The will of the people shall be the basis of the authority of government” and “shall be expressed through free voting procedures” – unquote. The right of everyone to take part in the government of his or her country, directly or through freely chosen representatives, lies at the very core of any society respecting the dignity of its citizens. But not all States carry out free elections. We urge them to do so and to secure that the result of any election reflects the true will of the people in the country where the election takes place. If not, it will affect our relations with that country.

We support the idea that the community of democracies could meet from time to time as a caucus during the sessions of the Commission.

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Mr. Chairman, as we all know, the focus nowadays is on effective implementation of human rights rather than on new standard setting. In 1993, a decision was made to create a spearhead in the defence of human rights and fundamental freedoms through the establishment of the office of the UN High Commissioner for Human Rights. The Danish Government was instrumental in promoting that decision, first at the World Conference on Human Rights in Vienna, June 1993, and later the same year when the General Assembly on the 20th of December established that post.

The High Commissioners Office has developed into an effective mechanism in the defence and promotion of human rights. Along with the efforts of the three consecutive High commissioners, we commend your contribution towards this result Mr. Acting High Commissioner. We applaud you for your efforts in the difficult time after the tragic death of the late High Commissioner Sergio Viera de Mello following the terrorist attack in Baghdad. Beyond any doubt, the combined efforts of you, Mr. Ramcharan, and your predecessors have improved the impact of human rights on the behaviour of Member States and made the mission of the Office renowned and respected worldwide. The action-oriented approach Sergio Viera de Mello was developing in fulfilling the mandate of the Office is essential in furthering a constructive dialogue with governments. In this context, it may be useful to establish specific task forces, including forensic teams, with a view to assess situations of urgency where gross and systematic violations of human rights take place, also in order to prevent acts of genocide of the kind we witnessed 10 years ago in Rwanda.

We welcome the appointment of the new High Commissioner for Human Rights, the honourable justice of the Supreme Court in Canada Mrs. Louise Arbour, and wish to assure her of the Danish Government’s constructive cooperation in the fulfilment of her mission.

The independent rapporteurs serving the Commission also have an essential role in implementing human rights. But much too often they are refused entry by States and therefore cannot always provide the Commission with a fully balanced picture of the actual human rights situation on the ground. In the last resort this is also to the detriment of the State in question, which may not receive the assistance needed from the international community. It should by now be the normal practice of all States to receive and cooperate with the Commission’s special rapporteurs by way of constructive dialogue.

The latest example of an action-oriented approach to secure respect for human rights is the recent adoption by the UN General Assembly of the Optional Protocol to the Convention against Torture. The Protocol will create a much needed supplement to existing monitoring bodies by establishing visiting mechanisms, which will make it possible to conduct international as well as national expert visits to any place of detention. The new mechanisms will complement the system of individual application, the confidential enquiry system established by the Committee against Torture and the on-site inspections already being carried out by a number of organisations as well as international and regional bodies. Denmark supports and encourages all such actions, which may help States in preventing the ill treatment of people deprived of their liberty.

Denmark is in the process of preparing ratification of the Optional Protocol and expects to ratify it soon. We encourage all States to do the same.

Finally, my Government welcomes the entry into force on 25 January 2004 of the Protocol to the African Charter on Human and Peoples’ Rights. The establishment of an effective and efficient court will be a significant step towards protection of human rights in that continent.

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Mr. Chairman, with regard to the current work of the Commission my government wishes to see more time devoted to an inter-active dialogue between the Commission and the special rapporteurs, representatives and experts in order to advance concrete improvements in the human rights situation in all parts of the world. In other words: less statements and more action through dialogue and resolutions.

Turning to some specific issues, the fact that women all over the world continue to be subject to discrimination and violence is a matter of grave concern to the Danish Government. Denmark remains firmly committed to assist in the fight against such injustices including crimes committed out of a misguided sense of honour.

For years, the Danish Government has been actively engaged in the promotion and protection of the rights of indigenous peoples worldwide. We wish in this context to pay tribute to the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples. We encourage the Special Rapporteur to seek constructive cooperation with the Permanent Forum on Indigenous Issues in New York, which by now has become a key actor in the promotion of the rights and interests of indigenous peoples. We also urge all interested parties to mobilize the political will necessary to conclude and adopt the draft Declaration of the Rights of Indigenous Peoples before the end of the Decade this year.

Denmark is actively engaged in the recently started deliberations in the Ad Hoc Committee under the General Assembly to elaborate an international convention to protect and promote the rights and dignity of persons with disabilities.

We are pleased that the resolution of the Ad Hoc Committee was adopted without a vote at the 57th session of the General Assembly. This includes the recommendation to establish a voluntary fund to support the participation of non-governmental organisations and experts from developing countries, in particular from the least developed countries, in the meeting of the Committee. Denmark appreciates the firm commitment and strong involvement displayed by the NGO-community in the deliberations. Consequently, we have decided to contribute to the Voluntary Fund of Disability an amount of 350.000 DKK.

It is the hope of my government that the work of the Ad Hoc Committee after a slow start will now move swiftly into addressing the substantive questions confronting persons with disabilities in our respective societies.

The suffering of children during armed conflict is a shameful fact of our international community. In this respect we are pleased by the adoption last December of the European Union’s guidelines on children and armed conflict. The guidelines reflect the recognition by the EU of the grave impact of armed conflict of children. The Guidelines provide an effective means for Denmark and its EU-partners to enhance the protection and fulfilment of children’s rights. The swift and effective implementation of the guidelines has been given high priority.

Denmark attaches great importance to the courageous work performed all over the world by Human Rights Defenders, be they members of non-governmental organisations, national human rights institutions, political parties, trade unions, or private individuals. It is crucial, not only to ensure Human Rights Defenders special protection by means of international instruments, but also to recognise and draw upon the specific human rights expertise found within civil society and national human rights institutions. To achieve effective implementation of human rights on the ground it is essential that civil society be actively consulted in the decision-making process at all levels.

Mr. Chairman, let me conclude on a somewhat provocative note. Why is it that human rights issues are dealt with intensively in this UN-Body during 6 full weeks in March-April each year – as if these issues are not pressing problems in need of being addressed and resolved throughout the year. It has been suggested to transform the Commission into a permanent body on Human Rights. This would allow for dealing with human rights issues throughout the year in a calm atmosphere and according to the need for proper action. - An idea, Mr. Chairman, which merits further reflection.

I thank you all for your attention.