PRIME MINISTER OF FRANCE ADDRESSES COMMISSION ON HUMAN RIGHTS

Press Release
HR/CN/817

PRIME MINISTER OF FRANCE ADDRESSES COMMISSION ON HUMAN RIGHTS

(Reissued as received.)

GENEVA, 17 March (UN Information Service) -- The Universal Declaration of Human Rights, whose fiftieth anniversary is being commemorated this year, incited the world to exercise its conscience, to go one step further in the cause of humanity, French Prime Minister Lionel Jospin told the Commission on Human Rights this morning.

Mr. Jospin said the presence of a South African Chairman of the Commission this year was highly symbolic of the power and triumph of human rights over apartheid. He saluted all those who fought for the cause of human rights. France had augmented its efforts to help human rights progress in Africa, Mr. Jospin said, adding that the country did not wish to serve any more in any guise as Africa's "policeman" and was determined rather to reinforce the capacities of African countries to carry out their own efforts to establish and maintain peace.

In addition to Mr. Jospin, other senior participants in this morning's meeting addressed the continuing relevance of the Declaration. Kamal Kharazi, Minister for Foreign Affairs of Iran, said despots and dictators found it much harder to breach the rights of individuals today than they did five decades ago before the adoption of the Declaration. That was an outstanding achievement that one should appreciate and cherish in this the Declaration's fiftieth anniversary year. Mr. Kharazi added that the Western and Eastern cultures could contribute to and learn from each other through interaction "in lieu of counteraction".

Rwanda's Minister for Family, Gender and Social Affairs, Alysea Inyumba, told the Commission that in the light of her country's recent tragic experience, the words "never again" rang very hollow. This fiftieth anniversary year was a moment for reflection, not for celebration. None the less, she said, her Government was deeply committed to promoting the principles contained in the Declaration.

Masahiko Koumura, State Secretary for Foreign Affairs of Japan, said it was regrettable that the human rights enumerated in the Declaration had not

been universally and fully guaranteed, in spite of the international community's efforts to date. In particular, after the cold war, serious problems had come to light, such as regional conflicts and instances of ethnic confrontation, accompanied by the increasing flow of refugees and various violations of human rights.

Emma Bonino, member of the European Commission of the European Union, said the past 50 years had marked spectacular progress for mankind in almost all spheres, yet the Human Rights Commission was still denouncing gross violations of human rights, as well as the infinite suffering of those most vulnerable.

The Secretary of State for Foreign Affairs of Austria, Benita Ferrero- Waldner, said that, on the occasion of the fiftieth anniversary of the Declaration, she wished first of all to render homage to defenders of human rights around the world. It was to be hoped that the Commission would finally adopt a declaration on that subject, she said.

Another focus of the morning discussion was the question of the universality of all human rights. The Minister for Foreign Affairs of Finland, Tarja Halonen, said it was often contended that the South and the North had different views on human rights. The only dividing line, she said, was the one between those who truly wanted to improve respect for human rights and those who did not.

For Italy's Minister of State for Foreign Affairs, Patrizia Toia, there was a false dichotomy between the universality of human rights and the equal dignity of all cultures, religions and spiritual orientations. Universality of rights could not mean that the cultural foundations, the language and even the institutional tools and pace for the realization of those rights must be uniform in every part of the world, she said.

The Deputy Foreign Minister of the Russian Federation, Youri V. Ushakov, said that the dramatic events in Latvia's capital, Riga, on 3 March, in which brutal force was used by police against pensioners who had gathered to protest against their legal, social and psychological destitution, illustrated the policy and practice of double standards in the field of human rights.

Spain's Minister for Foreign Affairs, Abel Matutes, asserted that the cause of human rights was an essential element in the framing and development of Spanish foreign policy. Unless those rights were strictly and universally respected, it would be difficult to ensure a climate of peace, development and security in the world, he said.

Speaking on behalf of the European Union, as well as Central and East European countries associated with the Union, Tony Lloyd, Minister of State for Foreign and Commonwealth Affairs of the United Kingdom, said the Union

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recognized that respect for human rights began at home. Union members took action to achieve just, tolerant and pluralistic societies. They also acted to promote employment and combat social exclusions, and they laid themselves open to scrutiny by their own citizens, by non-governmental organizations, by other governments, and by various international forums.

Statements

LIONEL JOSPIN, Prime Minister of France, said the presence of a South African Chairman of the Commission this year was highly symbolic of the power and triumph of human rights over apartheid. He saluted all those who fought for the cause of human rights. Nothing ever was inexorable; man must always fight to protect his most valuable asset -- his humanity.

The Universal Declaration was a vital text, he said, for it incited the world to exercise its conscience, to go one step further in the cause of humanity. Often, there were obstacles and temptations. Man had accomplished remarkable things, but he was also a dangerous creature, capable of great destruction. It was against themselves that men often had to fight -- against terrorism, against genocide, against ethnic and religious violence, against repression of minorities. It was necessary to continue unceasingly to promote women's rights, judicial rights, and the very right to life. It was necessary to continue efforts against the use of the death penalty.

Among positive developments around the world, he said, were improved human rights situations in Guatemala, El Salvador and Mozambique. The consolidation of democratic systems in Africa was encouraging, as was the signing by China of the International Covenant on Civil and Political Rights.

All must contribute to the universality of human -rights law and to widespread ratification of human rights treaties, Mr. Jospin said. Soon, France would ratify six additional international texts related to human rights. Ratification, however, was not enough. Implementing human rights was the true challenge. Far from being an area of confrontation between countries of the North and South, human rights should be a cause for solidarity and cooperation. That did not mean that serious violations should not be condemned and battled; that must be the case wherever such violations occurred. But it also was necessary to focus on cooperative approaches. Confrontation should be used only as a last resort. Such approaches needed sufficient resources, and France had, therefore, decided to double its contributions to the technical assistance programmes of the Office of the High Commissioner for Human Rights.

Moreover, France looked favourably on the possibility of acceding to the first additional protocol to the Geneva Conventions, and had launched a consultative process intended to lead to that conclusion, the Prime Minister said. France also had augmented its efforts to help human rights progress in Africa. It did not wish to serve any more in any guise as Africa's

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"policeman", and was determined rather to reinforce the capacities of African countries to carry out their own efforts to establish and maintain peace.

KAMAL KHARAZI, Minister for Foreign Affairs of Iran, said the persuasive pursuit of human rights and fundamental freedoms had indeed helped improve global, regional and particular situations. It had also resulted in raising the human rights issues to the forefront of the international agenda. Despots and dictators found it much harder to breach the rights of individuals today than they did five decades ago. That was an outstanding achievement that one should appreciate and cherish.

The question of human rights, during most of the cold war rivalry, had been used as a political tool to lash out against opponents, Mr. Kharazi went on to say. Bloc formations and confrontations reigned, as the leading Powers persisted on accusing their rivals of violating human rights, while protecting themselves and their allies from the slightest traces of criticism. That should have ended with the demise of the cold war. But hopes of a better, less politicized approach to human rights faded as East-West rivalry was quickly replaced by the North-South divide. To bridge that divide was the most significant challenge of the present historic juncture.

Economic and social rights were inseparable from civil and political rights, Mr. Kharazi went on to say, adding that alleviation of poverty and the provision of a decent standard of living required as much attention and scrutiny as protection of the freedom of thought and expression. Occidental and oriental cultures could contribute to and learn from each other through interaction in lieu of counteraction. The Islamic world was particularly prepared for that exchange. Islamic States were aware of their contributions to Western culture and civilization, as well as of the contributions of the West. They firmly believed in upholding human rights while maintaining their allegiance to divinity and moral values. They upheld liberty, justice and faith as basic pillars of humanity, sought unity in diversity, and enjoined participation and dialogue.

YOURI V. USHAKOV, Deputy Foreign Minister of the Russian Federation, said his country rejected the policy and practice of double standards in the field of human rights. It was a cause of concern when storms of indignation arose over the practices of some countries and silence reigned over the practices of others. The existence of double standards was illustrated by dramatic events in Latvia's capital, Riga, on 3 March, when brutal force was used by police against pensioners who had gathered to protest against their legal, social and psychological destitution. Two years ago, the international community had believed Latvia's promises and had struck the question of the situation there from the agenda of the General Assembly. Now, it must demonstrate a collective will and bring to an end the policy of insults to, and humiliation of, non-Latvian minorities in the country. Russia would

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introduce a draft resolution on the matter during the Commission's session this year.

Problems of national minorities raised questions not only of human rights, but of national security and stability, and had to be addressed, he went on to say. It was clear that the international community had to face those sensitive and complicated problems in the case of Kosovo, and Russia felt that only mutual consensus and compromise could bring an end to inter- ethnic confrontation in the former Yugoslavia.

United Nations reform should be aimed at establishing equal and constructive dialogue on questions of human rights, democracy, and development, as well as the depoliticization of such topics, Mr. Ushakov said.

ALYSEA INYUMBA, Minister for Family, Gender and Social Affairs of Rwanda, said the past half century had witnessed hundreds of international and internal conflicts, most of which had caused gross violations of human rights. Rwanda had experienced genocide, a planned systematic campaign of slaughter which had claimed more than 1 million lives in 100 days. In the light of that recent experience, the words "never again" rang very hollow. The time was one for reflection, not celebration.

Ms. Inyumba said her Government believed the only way to eradicate impunity and build a proper foundation for peace and stability was to rely on and promote the rule of law. The Government was deeply committed to promoting the principles contained in the Universal Declaration of Human Rights and stood firmly against revenge. Even the crimes of genocide were left for the courts.

The Rwandan Minister said the Government that took office in July 1994 considered the achievement of national unity and reconciliation a prerequisite to lasting peace and stability. It had undertaken many diverse programmes aimed at promoting and rebuilding mutual confidence between the different communities in the country, including the establishment of a broad-based government of national unity. The Government had rebuilt the judiciary from scratch and now had a fully functioning court system. Trials were slow, but that was on account of inadequate resources and a shortage of qualified personnel.

Ms. Inyumba said the Government had brought an end to the war and the genocide, but the security problem in the north-west of the country was inextricably linked to the genocide. There were 125,000 people in prison, the majority of them suspected of genocide and other grave human rights violations committed in 1994. The Government was also dealing with the issue of the repatriation and resettlement of refugees. Rwanda needed assistance in building domestic institutions to teach, promote and defend human rights, but such aid was not always forthcoming. She looked forward to a constructive partnership with the international community.

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TONY LLOYD, Minister of State for Foreign and Commonwealth Affairs of the United Kingdom, spoke on behalf of the European Union, as well as for Central and East European countries associated with the Union,. He said the Union recognized that respect for human rights began at home. Union members took action to achieve just, tolerant and pluralistic societies. They also acted to promote employment and combat social exclusions, and they laid themselves open to scrutiny by their own citizens, by non-governmental organizations, by other governments, and by various international forums.

The European Union had discussed in detail with China its continuing deep concerns over such matters as individual cases of detention, the extent of the use of the death penalty, and suppression of religious and cultural freedoms, including in Tibet, he said. The Union was gratified at some positive steps taken by China, including the release of Wei Jinsheng, the signature and proposed ratification of the International Covenant on Civil and Political Rights, and access given to the Working Group on Arbitrary Detention, along with China's invitation for a visit by the High Commissioner for Human Rights. Because of those developments, the Union would not table this year a draft resolution on the situation of human rights in China.

Meanwhile, further focus was needed around the world on action to implement human rights, Mr. Lloyd said. The tragedy of the past half-century was that despite the Universal Declaration, violations continued on a massive scale. It was time to reassess methods and state frankly where the obstacles lay.

MASAHIKO KOUMURA, State Secretary for Foreign Affairs of Japan, said it was regrettable that the human rights enumerated in the Declaration had not been universally guaranteed, despite the international community's efforts to date. In particular, after the cold war, serious problems had come to light, such as regional conflicts and instances of ethnic confrontation, accompanied by the increasing flow of refugees and various violations of human rights. It was thus a great responsibility shared by all to bring together wisdom and efforts to resolve contemporary human rights issues, with full respect for the Universal Declaration of Human Rights, which was the common heritage of mankind.

Japan placed great emphasis on practical approaches to improving actual human rights situations, and considered it necessary to combine dialogue, cooperation and clear expression of views, Mr. Koumura said. Japan had dealt with human rights issues in the Asia-Pacific region guided by those basic principles. The region had a wide diversity of cultures and traditions, stages of development, and political and economic systems, all of which had significantly influenced the human rights views of each State and person in the region. For those reasons, Asia lacked regional arrangements in the field of human rights.

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Mr. Koumura said that today, human creativity was ever more necessary to solve problems, ranging from individual to global ones, now facing the international community. Japan was eager to make efforts in cooperation with all to create a world where human rights were fully guaranteed.

TARJA HALONEN, Minister for Foreign Affairs of Finland, said it was often contended that the South and the North had different views on human rights, but if there were different national priorities and concerns, that only meant there was a need for more constructive and open dialogue. The only really dividing line was the one between those who truly wanted to improve respect for human rights and those who did not. Finland stressed the importance of full cooperation by governments with special rapporteurs and other human rights mechanisms. There were recent positive examples of that, China among them. Unfortunately, there were also causes for concern, as in Myanmar. Finland was seriously concerned over the reports of mistreatment of its honorary consul there, Leo Nichols, prior to his death in custody, and urged the Government of Myanmar to give a full account of the circumstances relating to Mr. Nichols's death.

The number of treaty ratifications, which had increased in recent years and would hopefully become universal, had resulted in an extensive backlog of work for the treaty bodies, Ms. Halonen said. Sufficient resources must be provided for those bodies to perform their tasks effectively. She added that human rights must be monitored objectively, that Finland was encouraged by the remarkable progress made in human rights in Latin America, and that further steps should be taken to increase the emphasis on economic, social, and cultural rights. It also was necessary to continue to improve the human rights situation of women around the world, and for the Commission to increase its efforts to resolve the complex human rights problems of the Middle East.

PATRIZIA TOIA, Minister of State for Foreign Affairs of Italy, said the importance of the Universal Declaration could not be overstated. It was very important to address and to challenge the false dichotomy between the universality of human rights and the equal dignity of all cultures, religions and spiritual orientations.

Ms. Toia stressed that universality of rights could not mean that the cultural foundations, the language and even the institutional tools and pace for the realization of those rights must be uniform in every part of the world. At the same time, the legitimate claim for respect of tradition and cultural specificity could not mean evading the political responsibility, and even less the existing legal obligations, in the area of universal human rights.

Universality with respect should be the common endeavour, as well as universality with comprehensiveness, Ms. Toia said. No universality was possible if any space was left to the suspicion that some were trying to unduly privilege some rights, or set of rights, to the detriment of others. Political and civil

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rights on one side, and social, economic and cultural rights on the other, were two sides of the same human rights coin. Addressing them comprehensively was both a logical and a political necessity.

Human rights should be considered as a vital, essential component of every aspect of international relations, she said. Human rights should explicitly be factored into every aspect of foreign policy. If dialogue replaced confrontation and mainstreaming took the place of dichotomy, it would be possible to transform the universality of human rights into a living global reality.

ABEL MATUTES, Minister for Foreign Affairs of Spain, reaffirmed his Government's commitment to the ideals and objectives of the Universal Declaration. The Declaration marked the outset of the process of the codification of international standards in the field of human rights and the beginning of the determined and valiant efforts to apply those laws effectively. For the first time, States undertook not only to respect those rules, in general, but also to respect the rights of persons under their jurisdiction at all times. Today, it was a generally accepted principle that non-intervention in internal affairs could no longer be invoked against any action taken by the United Nations to protect human rights.

Mr. Matutes said the cause of human rights was an essential element in the framing and development of Spanish foreign policy. Unless those rights were strictly and universally respected, it would be difficult to ensure a climate of peace, development and security in the world. In that spirit, Spain had set up a national committee to organize the events commemorating the fiftieth anniversary, a panel of which their Majesties the King and Queen had accepted the honorary chairmanship.

EMMA BONINO, member of the European Commission, said that the past 50 years had marked spectacular progress for mankind in almost all spheres. Yet, the Commission on Human Rights was still denouncing gross violations of human rights, as well as the infinite suffering of those most vulnerable. This was a very sombre celebration. It would be better for each State to examine its conscience and conduct in the hope of ensuring the protection of human rights. There was a need to review the conduct of each State in the context of the universality of human rights.

Ms. Bonino said that freedom, democracy and respect for fundamental freedoms were foundations of the European Union. There were no exceptions for member States. At the same time, as the European Union considered expanding its ranks, it insisted that candidates must respect human rights and must guarantee the rights of minorities through democratic institutions in order to join the Union.

Ms. Bonino said the European Union endeavoured, within the framework of development assistance, to promote human rights, to develop independent

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judiciaries and parliaments, and to consolidate freedom of expression. An eloquent example of Union action on behalf of human rights was its support of the establishment of an international criminal court, a prospect for which this year would be crucial.

Ms. Bonino asked why it was so difficult to reconcile principles, morality and diplomacy. The answer heard each time was "realpolitik". Even the self-proclaimed Taliban regime, which wanted to drag women from the dawn of the twenty-first century to the thirteenth century -- as United States Secretary of State Madeleine Albright had said -- enjoyed the indulgence of certain believers in realpolitik. She, for her part, remained a believer in "idealpolitik", in diplomacy solidly anchored in morality, the only one that could always be defended, head held high, before parliaments and public opinion.

BENITA FERRERO-WALDNER, Secretary of State for Foreign Affairs of Austria, said that on the occasion of the fiftieth anniversary of the Universal Declaration, she wished, first of all, to render homage to defenders of human rights around the world. It was to be hoped that the Commission would finally adopt a declaration on that subject. It also should act to increase the emphasis on economic, social and cultural rights, to make them indivisible from civil and political rights, and should appoint a special rapporteur on economic, social and cultural rights.

Ms. Ferrero-Waldner said the world continued to learn of grave human rights violations. Austria was particularly concerned over recent developments in Kosovo, and requested the Serbian authorities to end immediately all measures of discrimination against the ethnic Albanian population there, and to enter into serious negotiations without preconditions with Kosovans aimed at giving greater autonomy to the province. Austria called for establishment of an international presence in Kosovo and supported the proposal of the High Commissioner for Human Rights to open, as soon as possible, an office in Pristina. Austria further called upon the Algerian Government to take all necessary steps to ensure the safety of its citizens and to carry out full investigations of grave human rights violations there.

Acts of genocide around the world, as for example in the Great Lakes region of Africa, indicated once again the need for the establishment of a statue for an international criminal court, and Austria called once again for finalization of efforts to create such a statute, she said. Austria also favoured greater efforts to eliminate use of the death penalty, called for universal ratification of the Convention on the Rights of the Child, and stressed that there were insufficient ratifications of the Convention against Torture. Women's rights needed increased action and attention from the international community, particularly in the area of violence against women.

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