GOALS SET AT 1993 HUMAN RIGHTS CONFERENCE STYMIED BY INTERNATIONAL MISTRUST, INDIA TELLS THIRD COMMITTEE REVIEW OF VIENNA DECLARATION AND ACTION PLAN
Press Release
GA/SHC/3493
GOALS SET AT 1993 HUMAN RIGHTS CONFERENCE STYMIED BY INTERNATIONAL MISTRUST, INDIA TELLS THIRD COMMITTEE REVIEW OF VIENNA DECLARATION AND ACTION PLAN
19981103 Connection between Development, Democracy and Human Rights StressedAlthough substantial progress had been achieved towards implementing the Vienna Declaration and Programme of Action on human rights protection, one of the greatest obstacles to fulfilling the promise made at the 1993 World Conference on Human Rights was the distrust that had crept into the international human rights discourse, the representative of India told the Third Committee (Social, Humanitarian and Cultural) this morning as it concluded its special discussion of implementation of the Vienna Declaration and Programme of Action outline plan to strengthen human rights and highlighting the links between democracy, development and human rights.
The Indian representative noted that follow-up had been plagued by perceptions of selectivity, double standards, ethno-centrism and politicization of human rights. A major contribution of Vienna had been the recognition that human rights were a "legitimate concern" of the international community. That concern, founded on common humanity, should be backed by a sense of solidarity with the underprivileged and a willingness to translate that into a concrete action, he said.
Until the value of international cooperation was given recognition in its practical terms, the goal of "human rights for all" would not be achieved, said the representative of Iran. One of the reasons that some States did not adhere to all international human rights instruments was the lack of formal and legal recognition for the diversities and cultural particularities within the framework of the universality of human rights.
The representative of Morocco stressed that the universality of human rights could not be observed if certain rights were considered universal, while others were not. Consensus was needed to emphasize the correlation between democracy, development and human rights. That should be a fundamental goal of the international community.
The representative of Singapore said that billions of people were still mired in poverty and would be puzzled to see a celebration of the progress of
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human rights. Promotion of human rights had been flawed by other double standards, he noted, stating that country-specific resolutions had always been aimed at weaker countries. He added that it was unwise to assume that, although there were some absolutes, such as the right to be free of slavery and torture, one framework of values could apply to all societies.
In the Philippines, as in most developing countries, a large number of people were prevented from enjoying their civil and political rights and fundamental freedoms because of poverty, said that country's representative. In a country with widespread poverty, economic rights were as important as civil and political rights. She stressed the need for international cooperation in assisting national efforts to eradicate poverty and create conditions conducive to the promotion of human rights.
Statements were also made by the representatives of Ecuador, Mexico, Liechtenstein, Ukraine, New Zealand, Republic of Korea, Romania, Canada, Kazakhstan, Armenia and Colombia.
The Third Committee will meet again at 10 a.m. tomorrow, 4 November, to begin its discussion of human rights questions and situations. It will hear introductory statements by the special rapporteurs and special representatives presenting their reports.
Committee Work Programme
The Third Committee (Social, Humanitarian and Cultural) met this morning to continue its special discussion of comprehensive implementation of and follow-up to the Vienna Declaration and Programme of Action, adopted at the 1993 World Conference on Human Rights. (For additional background, see Press Release GA/SHC/3491 of 2 November.)
Statements
LUIS VALENCIA RODRIGUEZ (Ecuador) said the Declaration and the Programme of Action were instruments that had to be evaluated based on their implementation. Ecuador welcomed the creation of the post of the High Commissioner for Human Rights, as a reaffirmation of the importance of universal ratification of human rights instruments. Although States were entitled to present reservations to instruments, he noted with concern the scope of reservations to the main instruments, particularly the conventions on elimination of racial discrimination and discrimination against women, and that defending the rights of the child.
Participants to the World Conference on Human Rights agreed that democracy, development and the respect of human rights were interdependent and mutually reinforced, he said. Ecuador approved the action taken by the Economic and Social Council in its 1998 sessions when it highlighted the necessity of coordinating the efforts of United Nations organs and specialized agencies to protect and promote human rights. The Economic and Social Council had urged the United Nations system to support the right to development and to intensify their efforts to eradicate poverty. Ecuador had passed new legislations to promote and protect human rights.
ELEAZAR BENJAMIN RUIZ Y AVILA (Mexico) said the promotion and protection of human rights constituted a task of the greatest priority. In its national development plans, Mexico underlined its commitment to development within the rule of law. In 1990 in Mexico, one of the most important Ombudsmen systems in the world had been created. In order to strengthen international cooperation with the various human rights mechanisms, an intersecretarial Commission had been established to coordinate with the instruments to which Mexico was a party. The Commission was also considering the lifting of certain reservations that Mexico had originally lodged to some of those treaties. Several special rapporteurs of the United Nations had recently completed visits to Mexico. His country had also held various educational events around the country to increase people's awareness of their rights and to foster a human rights culture.
The International Convention for The Protection of All Migrant Workers and Their Families could be a significant protection for migrant workers, who often suffered many forms of discrimination, sometimes violent, he said. Many
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migrant workers of Mexican origin suffered such discrimination. He encouraged States to sign and ratify that important instrument, and called for concrete measures to guarantee protection for migrant workers. The death penalty also constituted a breach of human rights. Mexico did not allow the death penalty, yet there were 39 cases of Mexicans who had been sentenced to death in other countries, and in some of those cases, they had been denied the assistance of their consular authorities.
CHRISTIAN WENAWESER (Liechtenstein) said the international community had affirmed in Vienna the universality of all human rights and had stated that their protection and promotion was the first responsibility of governments. In Liechtenstein, the outcome of the Vienna Conference had had a concrete and direct impact on the lives of people. Since Vienna, his country had ratified or acceded to all but one of the six core instruments, and would soon make its contribution to universal ratification.
Universal ratification, however, was not enough to make human rights a reality worldwide, he said. As stated in the Vienna Declaration and Programme of Action, States had to undertake steps to give full effect to international human rights, including through their incorporation into domestic law. The implementation of certain human rights instruments was seriously impeded by large numbers of reservations made to those treaties, some of which seemed to be contrary to the object and purpose of the relevant treaties, or otherwise incompatible with international treaty law. Increased attention should be given to that issue.
One of the most forward-looking results of the Vienna Conference was the affirmation in the Vienna Declaration that all human rights were universal, indivisible, interrelated and interdependent, he said. That consensus should help to overcome the counter-productive dichotomy of economic, social and cultural rights on one side and civil and political rights on the other. It had to be clear that the promotion and protection of all human rights were mutually reinforcing.
YEVHEN KOZIY (Ukraine) said the Vienna Conference had outlined the ways in which the Member States could demonstrate their support for the ideals of the United Nations in the field of human rights. Those ways included signing of the major United Nations instruments which incorporated the fundamental principles of human rights: the rule of law, equal rights, democracy over other related rights and freedoms. Ukraine had made substantial progress in acceding to the most important legal acts in the field of human rights. At present, all reservations concerning the treaties in that sphere had been signed and ratified. Ukraine's reservation -- to article 20 of the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, made during the signing ceremony in February 1986 -- had been withdrawn.
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His Government had also prepared a draft law on the withdrawal of the mentioned reservation and had submitted it for consideration by the highest legislative body of Ukraine, he said. The country's newly-established National Committee had organised activities aimed at promoting human rights instruments, establishing a broad dialogue on the very crucial subjects in that field. Those activities had culminated with an international meeting in Yalta in September, a joint initiative between the Government and the United Nations Development Programme (UNDP) Regional Bureau. Ukraine continued its democratic reforms and the incorporation of the principles of democracy into the fabric of its multinational society. It also continued to strengthen the legal basis for further ensuring human rights.
ROGER BALL (New Zealand) said that acknowledgement of what had been achieved must be tempered by an awareness that grave violations of human rights continued to occur. It was a sobering picture. There was a need to develop a global partnership for human rights, and he welcomed the significant steps that had been taken by the United Nations system to begin to build that partnership, as mandated by the Vienna Declaration.
New Zealand was a party to all six core human rights treaties and took its international obligations seriously, he said. He was concerned that almost a third of all countries had not ratified the two legal pillars of the International Bill of Human Rights, the human rights Covenants, and he urged those States that had not yet done so to ratify them.
The prevention of human rights violations must be at the centre of international human rights efforts, he said. New Zealand supported the development of a comprehensive approach to the prevention of human rights abuses. The Vienna Declaration must be a cornerstone of such an approach, an approach which recognized the linkages between development, democracy and respect for human rights.
SUH DAE-WON (Republic of Korea) said that despite the progress and efforts made, the United Nations and its Member States should make renewed efforts to realize the universal ratification of the six principal international human rights instruments. It was a serious concern that almost one third of the United Nations Member States had yet to accede to the International Covenant on Civil and Political Rights and the International Covenant on Economic and Cultural Rights, the two pillars of the International Bill of Human Rights. What was equally important, however, was to ensure that Member States lived up to their commitments as State parties to existing human rights instruments. In that connection, consistent patterns of non-compliance, including the apparent disrespect of reporting obligations and unilateral declaration of denunciation of the international covenants, should be seriously addressed by the respective treaty bodies.
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Second, a special emphasis should be given to a more integrated approach between civil and political rights, on the one hand, and economic, social and cultural rights, on the other, he said. The nexus had to be found between the right to development and human rights. In that regard, his Government was encouraged that the Commission on Human Rights had endorsed the establishment of three special procedure mandates: on the right to development; on extreme poverty; and on the right to education. Third, the United Nations human rights mechanisms should be further strengthened by providing them with appropriate financial and human resources and enhancing their effectiveness. It was equally important, in that connection, to secure the financial basis of the Office of the High Commissioner for Human Rights by providing it with more resources from the United Nations regular budgets. Lastly, human rights field presence and technical assistance programmes should be further strengthened and must become an integral part of every crisis response. The Office of the Hight Commissioner for Human Rights was required to place greater emphasis on enhancing the complementarity between monitoring and technical assistance.
KISHORE MAHBUBANI (Singapore) asked if this should be a year of celebration, or of commiseration. The answer was neither simple nor clear. Human rights had come a long way since 1948. Most importantly, how a State treated its citizens was no longer a matter for its exclusive determination. But the first reason for humility was that while the concept of human rights had travelled widely, the human condition had not improved. Billions of people were still mired in poverty. Each day, 34,000 children under the age of five died as a result of malnutrition. Billions of the world's citizens would be puzzled to see us celebrate the progress of human rights. More women and children were also killed in conflict in the First World War, 90 per cent of the casualties had been soldiers, now they were civilians.
Promotion of human rights had also been flawed, especially by double standards, he said. Country-specific resolutions adopted in the Third Committee and in Geneva had always been aimed at weaker countries. But the promotion of human rights was a moral and just cause. In domestic societies, there was not one law for the rich and another for the poor. The main instrument that was used against transgressors of human rights had not worked: unilateral sanctions hurt the weak, never the elite. If isolation and sanctions did not work, perhaps it was time to consider the wisdom in Aesops's fable. When the North Wind did not get a man to take off his protective coat, the Sun did.
In a morally complex universe, it would be unwise to assume that one framework of values could apply to all societies, he said. While there were some absolutes, such as the right to be free of slavery, torture and killings, what universally accepted document or custom had declared that capital punishment amounted to a violation of human rights? he asked.
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MIHAELA BABUSKA (Romania) said the World Conference on Human Rights -- organized in a post-cold war international environment, characterized by profound political, social and economic changes -- represented a milestone in the history of human rights. It provided a modern vision, based on the concept of interdependence and mutual reinforcement between democracy, development and human rights.
She said the principle that Governments bore the primary responsibility for the promotion and protection of human rights had acquired particular significance in her country, which had undergone profound democratic transformations over the past years. Convinced that a genuine respect for human rights required the full implementation of the relevant international norms and standards, Romania had adhered to all the major international human rights instruments. It had withdrawn its reservations previously formulated, and had been engaged, with all openness, in the reporting procedures.
The national implementation of those standards was facilitated by special provisions of the constitution of Romania, she said. Steady actions had been taken to improve and update the national legal and institutional framework.
KERRY BUCK (Canada) said this summer's special session of the Economic and Social Council on integrated and coordinated implementation and follow-up of the series of World Conferences showed that the United Nations system as a whole was engaging in human rights. The development, political, humanitarian and security arms of the United Nations were beginning to consider the human rights dimension of their policies. More importantly, there was a better understanding of the key role human rights played in United Nations activities in the field. The past few years had seen important innovations. Those included the High Commissioner for Human Rights establishing Human Rights Offices and Field Operations in a number of countries, joint missions of thematic and country rapporteurs and an increased focus on national human rights institution-building. But beyond the human rights mechanisms, other United Nations field presences were also looking at their work from a human rights perspective.
She said her Government welcomed this year's report by the UNDP, which had recognized that development could not take place without respect for human rights and vice versa. This year's Executive Committee of the United Nations High Commissioner for Refugees (UNHCR) had also recognised the vital link between human rights concerns in the work of the UNHCR, including closer institutional cooperation with the Office of the High Commissioner for Human Rights.
The aim was to have the United Nations look at all of its work in a holistic fashion, with human rights the "common thread" running throughout the United Nations activities, she said, quoting the Secretary-General. The
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Secretary-General's report on implementation of the Vienna Declaration had not only pointed out the progress made at the international level on the follow-up to the Vienna Conference, it had also spoken of the importance of implementation at the national level. The Universal Declaration could only become a living document if communities, individuals, non-governmental organizations and Governments used it as a standard against which they measured their own actions at home. In particular, non-governmental organization had become essential partners in the international human rights system. It was fair to say that the Vienna Declaration and Programme of Action would not be the strong statement it was if not for the work of non- governmental organizations, from all regions, in the preparatory process and final negotiations.
LUWALHATI ANTONINO (Philippines) said the primacy of human rights as a policy of the State was outlined in the 1987 Philippine Constitution. The Philippines was a party to 20 human rights international instruments and it had been an active member of several international human rights bodies. It had taken significant steps to comply fully with its international commitments. It had initiated, enacted and implemented measures and programmes to implement the Vienna Declaration Programme of Action. The Philippines had, for example, taken several steps to promote the rights of indigenous peoples and it had placed great emphasis on human rights education.
In the Philippines, as in most developing countries, legal, administrative and other institutions had been established to promote and protect civil and political rights, she said. However, a large number of people were effectively prevented from enjoying those rights and fundamental freedoms because of poverty. Economic rights and the right to development were crucial. In a country with widespread poverty, economic rights were as important as economic and civil rights. She stressed the need for international cooperation in assisting national efforts to eradicate poverty and create conditions conducive to the promotion of human rights.
MOSTAFA ALAII (Iran) said that for the review process to be genuine, balanced and credible, equal value and emphasis should be given to all the tenets and recommendations set forth in the Vienna Declaration and Programme of Action. Iran firmly believed that, unless and until international cooperation was given its due weight and value by a system-wide recognition in its practical terms, the ambitious goal of "all human rights for all" at the national and international level in the next century would continue to elude full realisation.
Another major challenge in the post-Vienna era was the goal of universal ratification of international instruments, he said. In his Government's view, the non-ratification of the core instruments, resorting to reservations and even to declarations announcing withdrawals from treaty obligations should not imply, in any way, the States' reluctance to join a normative system of
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international standards on human rights. Rather, it was indicative of their scepticism on two aspects: the permissive nature of the current political atmosphere for the arbitrary use of the existing mechanisms within the human rights machinery; and the lack of formal and legal recognition for the diversities and cultural particularities to be applied in a normative manner within the framework of universality of human rights.
Finally, his Government believed that any programmes to combat racism and racial discrimination should take a holistic approach, paying equal attention to all forms and manifestations of racism and xenophobia and discrimination against women in all parts of the world. It was equally important to elaborate educational and promotional activities, as well as advisory services and technical assistance, to counter those phenomena at the grassroots level.
AKMARAL KH.ARYSTANBEKOVA (Kazakhstan) said different States had different capacities for ensuring human rights. It must also be remembered that the process of guaranteeing human rights was influenced by national, historical, cultural, religious and other features of the social development of each State. Yet the universal nature of human rights must remain a constant reference point. The concept of human rights must not be regarded as a set doctrine -- it was constantly changing and improving, reflecting the development of international life. Apart from the traditional human rights, the rights to development and the rights to peace and to a healthy environment were also being recognized.
Human rights protection in Kazakhstan was implemented on the basis of respect for the principles and norms of international law, she said. Having made its choice in favour of democracy and an open society, Kazakhstan was taking concrete steps to intensify political reform. It was embarking on the implementation of a comprehensive programme of democratization, which covered such important spheres as elections, political parties, Parliament, civil society, the judicial system, the status of women and the mass media. Decisive measures would be taken to solve acute social problems, combat corruption and optimize the management of the State. All of those measures were aimed at further protecting and guaranteeing the rights and freedoms of each citizen of Kazakhstan's multi-ethnic society.
AHMED SNOUSSI (Morocco) said the protection and promotion of human rights was valuable, as it concerned what everyone possessed -- their humanity. Vienna had made possible the increasing determination to promote human rights. The past fifty years had been marked by the abolition of slavery and the dismantling of apartheid. Those were grounds for satisfaction. Nevertheless, there were many fights remaining, among them the fights against genocide, discrimination against women, and the abuse of children.
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The non-selective universality of human rights was, however, an issue, he said. Universality could not be observed if certain rights were given universality, while others were not. Consensus was needed to emphasize the correlation between democracy, development and human rights. That should be a fundamental goal of the international community.
He said it was not possible to talk about human rights when there were flagrant disparities between the wealthy and the poor. Eighty per cent of the world's resources were consumed by a small percentage of the wealthy. While it was necessary to combat torture, it was equally important to address racism and the abuse of children. No one should be deprived of dignity, or deprived of their lives, because of their race. The Moroccan Constitution was committed to internationally recognized rights. The Government had set up committees to conform national legislations to international instruments, with the involvement of non-governmental organizations.
ANNA AGHADJANIAN (Armenia) said the five year review, which was primarily intended to analyze the practical impact of the Vienna Declaration and Programme of Action helped identify challenges to the comprehensive implementation of international human rights standards worldwide. While the Vienna Conference had recognized the right to development as an inalienable right and an integral part of fundamental human rights, she welcomed the increasing attention that was being paid to development, alongside civil and political rights.
One of the main challenges for the protection and promotion of human rights remained the implementation of international standards at the national level, she said. Since its independence, Armenia had made consistent efforts to bring national legislation in compliance with international norms and standards, particularly in the field of human rights. Since the collapse of the Soviet regime, Armenia had taken the path towards democracy, and decisively strove for the creation of a democratic society. Armenia had acceded to all six core human rights treaties, and had done so without reservation.
AJAYA KUMAR SARNAIK (India) said that since India's independence, democracy, development, human rights and fundamental freedoms and social justice had been the driving force behind his country's nation-building. In the period since the Vienna Declaration, human rights consciousness had grown, partly because of a growing awareness of such rights, but also because of the contribution of the courts, increasing popular participation in democratic politics, empowerment of weaker sections of society, and the role of non- governmental organizations. The most notable advance since 1993 had been the establishment of the National Human Rights Commission. Institutional and legal protection for human rights had also been undertaken.
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Another major contribution of the Vienna Declaration was the recognition that, in the framework of the purposes and principles of the United Nations, the promotion and protection of human rights was a "legitimate concern" of the international community, he said. Therefore, that must be considered a priority objective of the United Nations. The idea of "legitimate concern" was founded on common humanity and the fraternity of the human family. Within the holistic conception of human rights enshrined in the Vienna Declaration which placed all human rights on the same footing, "legitimate concern" should be understood not only to refer to concern for civil and political rights; it should extend to deprivations of economic, social and cultural rights. It should be backed by a sense of solidarity with the underprivileged and a willingness to translate that into a concrete action.
He said that although substantial progress had been achieved, since and because of Vienna, one of the greatest obstacles to the promise of Vienna had been the distrust that had crept into the international discourse on human rights. There were perceptions of selectivity, double standards, ethno- centrism and politicization of human rights for self-serving or parochial foreign policy ends. The promotion of human rights must be understood to be a common endeavour.
ALFONSO VALDIVIESO (Colombia) said the Vienna Conference had made explicit the universal, interdependent and indivisible nature of human rights and highlighted the importance assigned to the right to development. It had also expanded the degree of awareness regarding the culture of human rights, by itself a remarkable achievement for mankind in the concluding part of this century. Since Vienna, it had become more evident that responsibility to act for the protection of human rights fell to individual governments and that civil society had a legitimate role to play. Moreover, in pledging to improve the situation of human rights in the world, the international community had primarily adopted means of cooperation and support of national efforts, rather than the imposition of sanctions.
His Government had already attained the goal set for the international community, which was to join the six core international conventions of human rights and their protocols during the next five years, he said. That normative development had been accompanied by firm efforts in other spheres to protect and promote human rights. Through conversations with the rebel groups, a peace agreement was reached, ending the longest running guerrilla insurgency in Latin America. Also, the terms of coexistence among all Colombians had been improved. It had become a major challenge for the State to guarantee citizens the peaceful exercise of their rights and to offer better standards of living, when life itself was endangered daily by terrorist actions. That was why the promotion and protection of human rights was closely linked to the peace process, and why dialogue and negotiation was the road favoured in settling disputes.
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