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SG/SM/6614

SECRETARY-GENERAL ADDRESS TO VIENNA PUBLIC ASSEMBLY ON HUMAN RIGHTS AND RULE OF LAW

26 June 1998


Press Release
SG/SM/6614
HR/4373


SECRETARY-GENERAL ADDRESS TO VIENNA PUBLIC ASSEMBLY ON HUMAN RIGHTS AND RULE OF LAW

19980626 CHECK AGAINST DELIVERY Following is the text of an address to be delivered by Secretary-General Kofi Annan on 27 June to the Vienna Public Assembly on Human Rights on "Human rights and the rule of law in the twenty-first century [embargoed until 9 a.m. EDT Saturday, 27 June]:

We meet at the half-way point of this fiftieth anniversary year of the Universal Declaration of Human Rights. We meet in a year of celebration and a year of commitment; a year to look back on what has been done and to look forward to what remains to be done -- for the threatened, for the vulnerable, for the peoples of the world for whom human rights can mean the difference between life and death.

I have spent much of this past year discussing and debating human rights, pointing to their need and arguing for their universality. Sometimes, I fear, in settings like this, human rights can seem like abstract ideas or distant hopes for people in faraway lands. We must never think of them as such. We must never accept them as such.

That is why I am so pleased that we are joined today by President Carter, Archbishop Tutu, Elena Bonner [widow of Nobel Laureate Andrei Sakharov] and Wole Soyinka [Nigerian writer and human rights activist]. These human rights heroes remind us all that human rights are an achievement. Men and women of every race and creed have made the ultimate sacrifice so that their children would enjoy these rights. The names Carter, Tutu, Bonner and Soyinka symbolize that sacrifice and call upon us all to do our part to make human rights a global reality.

This meeting in the Vienna Public Assembly on Human Rights offers an important opportunity to emphasize the rule of law as a central component of human rights. I am grateful to the Austrian Federal Government for organizing this event together with the United Nations Office in Vienna under the leadership of Pino Arlacchi, an event that also commemorates the fifth anniversary of the World Conference on Human Rights, which was held in Vienna.

The lawyers will tell you that the Declaration of Human Rights is not a legally binding document. Yet it has been a fundamental source of inspiration for local and global efforts to protect and promote human rights and freedoms. It has become the yardstick by which to measure compliance with international human rights standards.

The Universal Declaration of Human Rights is not just an admirable document. It is a blueprint for action. I know there are still some who question the priority we give to human rights. To them I would say only this: the world community should not and will not accept any dilution or delay in the observance of human rights and fundamental freedoms.

There are those who question the universality of human rights; those who say that human rights are both an intrusion on sovereignty and a recipe for social and political chaos. To them I say that human rights are to be found in the hearts and minds of all human beings, that there are some very basic standards of human behaviour, violations of which are simply unacceptable.

Fundamental human rights are a product of human nature, indeed of human life itself. They embody the universal aspirations of the peoples of the world. And they are the best -- indeed the only -- road to peace, development and democracy for every person in the world.

Our experience of the past five decades amply manifests the vital linkage between human rights, peace and development. The past has taught us that respect for human rights is crucial to peace-building, and to the broader task of ensuring development. The numerous past and ongoing human rights monitoring operations of the United Nations have proved that respect for human rights is a key element in stabilizing societies in post-conflict situations.

Without due attention to the challenges posed by the need to respect the human rights of minorities and individuals, the social fabric of countries facing post-conflict situations cannot be rebuilt, peace cannot take root and reconstruction and rehabilitation cannot proceed.

Today we accept that truly sustainable development is possible in a country only when the political, economic and social rights of all its people are fully respected. These rights help to create the social equilibrium which is vital if a society is to evolve in peace. We recognize that the right to development is the measure of the respect of all other human rights; we realize that our goal should be to create a world in which all individuals are enabled to maximize their potential, and contribute to the evolution of society as a whole.

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Human rights have by now become a permanent feature of the United Nations work for peace and development, and a central factor in international relations. As Secretary-General, I am committed to reinforcing and integrating human rights aspects in all the areas of our work.

The 1993 Vienna World Conference on Human Rights was the first global conference to address human rights comprehensively. The Vienna Conference gave new life to the message of the Universal Declaration and to the urgent need for practical mechanisms of implementation. But while the commitment of governments is vital, follow-up is just as crucial.

Past world conferences on women and the environment have demonstrated the need to agree upon clear responsibilities and specific time-frames to measure the progress made. The principles articulated in Vienna five years ago are important. But we can achieve progress in fulfilling them only if we hold those who discharge these responsibilities accountable for their actions. We must ensure that the energy and initiative of the world conferences produces genuine progress for those who need it most.

When I opened the fifty-fourth session of the Commission on Human Rights in March, I pointed out that the next century must be the age of prevention. I spoke of the prevention not only of human rights violations, but prevention also of organized criminality, drug abuse and terrorism -- the chief sources of what I have termed "uncivil society". Their behaviour undermines in the most fundamental way the rights of others to live safe and secure lives.

We need to safeguard individuals, their families and the places where they live and work, and we can do this only by implementing policies that are conducive to law-abiding behaviour. However, crime prevention cannot be limited to crime control and policing. Crime prevention must be anchored in the ethics established in homes, in local neighbourhoods, in the workplace and in schools.

During the past two days, a number of experts in the justice field have held discussions on building justice and re-establishing the rule of law in post-conflict situations. They have discussed the importance of law reform, the need to build up a modern police force and the importance of an independent judiciary.

Countries whose justice systems have been destroyed or damaged need new, modern justice systems that observe human rights. These countries need law reforms to bring them into line with democratic principles; police forces trained to carry out their duties in a professional and democratic manner according to the rule of law; lawyers, prosecutors and judges trained to exercise their functions effectively.

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It is only by implementing such measures that countries can hope for peace and stability. The respect for the rule of law is relevant not only to countries in a post-conflict situation. It is important in all countries fighting uncivil behaviour. Organized crime, for example, requires our urgent attention and response.

Organized crime, particularly in its transnational dimensions, threatens democracies, hampers equitable development and may deprive fragile societies of their vital economic resources. In some communities, organized criminal groups dominate political and economic life. Concerted and decisive action is therefore required to ensure that those who legitimately govern a country are not incapacitated by criminal groups.

A number of States have reacted to this phenomenon by changing their laws to fight organized criminality more effectively. In some quarters there is concern that the fight against organized criminal groups is being carried out at the expense of human rights and respect for the rule of law.

Others, however, argue that in order to fight transnational crime, we need special procedures in investigation and criminal proceedings that bypass the usual safeguards and protections on which the rule of law is built. This is a false dilemma. For even if extraordinary measures are needed to trap organized criminal groups, these should be carefully supervised by the judiciary and limited in scope and duration.

The United Nations stands ready to promote all such necessary cooperation and to provide a reliable framework for mutual cooperation in criminal matters. To do this, however, we need the commitment of States. If States are serious in their fight against transnational organized crime, they must act to strengthen the Centre for International Crime Prevention.

New challenges are ahead of us. The United Nations should seek to assist countries emerging from post-conflict situations in re-establishing the rule of law, as well as countries in transition to democracies. The international community must also take decisive action to curb new forms of crime.

But above all, we must ensure international collaboration between national justice systems to bring offenders to justice no matter where they reside, to ensure that victims, whatever their age, are protected and that societies no longer have to fear and suffer the effects of crime.

The primacy of the rule of law, the prevention of human rights violations and the prevention of crime are major, integral elements of democracy. They are linked -- simply, yet inextricably.

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I have sought to draw your attention to the critical role of the rule of law in preserving human rights and to the new and different threat to human rights that organized crime represents. I have sought, in other words, to highlight the tools that we possess in our fight for human rights, and to name one of several challenges that must be met if we are to prevail. And prevail we must.

For the presence of our distinguished guests today to discuss this issue recalls not only the progress that we have seen, but the abuses that still persist. Whether it is the detention and torture of dissidents, the silencing of political opposition, the refusal to grant women their full rights or the exploitation of children, the challenge remains.

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For information media. Not an official record.