Summary: EU Presidency Statement - Promotion and Protection of Human Rights (18 October 2006: New York)
Statement by Ms. Leena Leikas, Legislative Secretary, Permanent Mission of Finland to the UN, on behalf of the European Union, UN 61st Session; III Committee, Agenda Item 67 (b) and (c): Promotion and Protection of Human Rights
Mr. Chairman,
I have the honour to speak on behalf of the European Union.
The Acceding Countries Bulgaria and Romania, the Candidate Countries Turkey, Croatia* and the former Yugoslav Republic of Macedonia*, the Countries of the Stabilisation and Association Process and potential candidates Montenegro, Serbia as well as Ukraine and the Republic of Moldova align themselves with this declaration.
Mr. Chairman,
As we begin this debate on human rights, we should go back to the very reason for our coming together. We should remind ourselves that behind the resolutions and decisions on which we work here, there are always human beings whose human rights are not realised, who are suffering from war, from hunger or discrimination, who are being threatened, tortured or even killed. These serious human rights violations deserve firm action. Human rights are not abstract legal concepts to be deployed as
political tools but are safeguards that are vital to ensure that all individuals all over the world can enjoy their rights and freedoms.
This year we have created a new body to protect and promote human rights. The Human Rights Council was established to further strengthen the UN human rights machinery. We strongly support the mission of the HRC and remain committed to working, together with others, to enable the Council to start fulfilling all aspects of its mandate.
The EU attaches great importance to maintaining and further strengthening the active participation of non-governmental organisations and national human rights institutions, and the existing system of special procedures, including thematic and country mandates. Their independence and public reporting are essential features that need to be preserved. Increased cooperation by States with the Special Procedures is of fundamental importance in this respect.
In recent months, important steps have also been taken in terms of standard setting in the area of human rights. The EU warmly welcomes the adoption of the UN Declaration on the Rights of Indigenous Peoples and the International Convention for the Protection of All Persons from Enforced Disappearance during the first session of the HRC. Moreover, the EU considers that reaching an agreement on the draft Convention on the Rights of Persons with Disabilities in August was a major step forward in
promoting the implementation of the rights of persons with disabilities. The EU looks forward to the formal adoption of these three instruments by this General Assembly. In the case of the two Conventions, this will enable all Member States to sign and ratify them. We attach great importance to a swift ratification of both Conventions by as many Member States as possible.
We also wish to reaffirm our strong support for the work of the UN High Commissioner for Human Rights, Mrs Louise Arbour, and her Office.
Mr. Chairman,
The EU opposes the death penalty in all cases and in all circumstances. We firmly believe that the abolition of the death penalty contributes to the enhancement of human dignity and the progressive development of human rights. The death penalty provides no added value in terms of deterrence. Any miscarriage or failure of justice is irreversible, when, in a cruel and inhumane way, the punishment deprives one of his or her right to life.
The EU is pleased to note that the trend towards the worldwide abolition of the death penalty continues. We applaud the abolition of the death penalty in Mexico, the Philippines and Moldova during the past year and the positive developments towards its complete abolition in many other countries.
However, despite these developments, there is still cause for great alarm. The European Union calls upon all States to abolish the death penalty, and apply an immediate moratorium on executions pending full abolition. The EU is committed to continuing to work, including in all relevant international fora, towards the abolition of death penalty in all countries The EU has carried out demarches on the death penalty during the past year in more than 30 countries in all parts of the world. The
European Union expresses its deep concern about the ongoing discussion in some abolitionist countries in different parts of the world on reintroducing the death penalty into legislation.
The EU strongly deplores the fact that in a few countries, among others Iran, - in clear violation of their international legal obligations - minors are still being sentenced to death and executed.
Mr. Chairman,
Each day we learn of manifestations of grave human rights violations in all parts of the world. We cannot remain silent on these violations. The EU is alarmed at the deterioration of human rights and humanitarian situation in Sudan, particularly in Darfur, where violence against civilians, including the recent killings, and the culture of impunity remains of grave concern. We call for an immediate end to the ongoing violence and violations of human rights, including sexual and other forms of
gender-based violence. We urge all parties to put an end to impunity and to fully cooperate in the implementation of relevant Security Council resolutions on Sudan, in particular resolution 1593(2005). It is of the utmost importance that human rights monitors and humanitarian workers have access to all those in need. The EU reminds the leadership of the Sudanese Government of its collective and individual responsibility to protect its citizens and to guarantee respect for human rights.
The human rights situation in Democratic People's Republic of Korea is a continuing cause for grave concern. As the Special Rapporteur on the situation of human rights in the DPRK has underlined, there are serious challenges in regard to, among other things, the rights to food and to life, the right to security of the person and humane treatment as well as political rights such as freedom of expression. While the country is a party to various human rights treaties and has engaged with the
monitoring bodies under those treaties, there remains a deeply alarming divide between formal recognition of human rights and their substantive implementation.
In Burma/Myanmar, different civil society actors try to promote peaceful reconciliation and transition to democracy. We appreciate their aspirations and we emphasise that dialogue between the government and all other political and civil society forces is indispensable for the development of the country. We deplore the fact that the Burmese government has so far been unwilling to compromise and to move in the direction of an all-inclusive democracy. The Burmese regime's campaign against the
Karen people, has further deteriorated an already desperate human rights situation, and resulted in ever increasing numbers of IDPs and refugees. Furthermore, the European Union reiterates its call on the Burmese government to release Aung San Suu Kyi and all other political prisoners and to engage all political and ethnic forces of the country in a genuine dialogue with a view to bringing about true national reconciliation and the establishment of democracy.
The EU is deeply concerned about serious problems in the protection of a range of human rights in Uzbekistan, among them the rights to freedom of religion, expression, and assembly. The number of allegations of torture has not dropped and Uzbekistan failed to fully implement the recommendations made by the Special Rapporteur on Torture following his visit in 2002. We deplore the negative attitude of Uzbekistan towards several suggestions for an independent, international investigation into the
events in Andijan on 12-13 May 2005 and the general lack of cooperation by the Uzbek authorities with the UN human rights mechanisms.
The EU remains deeply concerned about the development of the conflict in Sri Lanka, which has led to escalation of the violence and increasing violations of human rights and international humanitarian law, including extrajudicial killings and disappearances and displacement of over 200,000 people. The EU underlines again the need for thorough and credible investigation and monitoring of the alleged violations of human rights and international humanitarian law, in order to end the culture of
impunity and guarantee that law and order are respected. The EU also urges both sides to respect the ceasefire agreement and to resume the peace talks as agreed in Geneva October 28-29, and to guarantee access for humanitarian aid to the population.
The EU wishes to express its deep concern at the continuing human rights violations in the Democratic Republic of Congo. We are gravely concerned by the ongoing abuses, predominantly in eastern parts of the country, committed by members of the Congolese armed forces and militias and call for an immediate end to sexual violence against women and girls and the recruitment of child soldiers. We also call for an immediate end to impunity, in particular by ensuring that high profile crimes are
properly investigated and the perpetrators brought to justice. The EU welcomes the peaceful holding of the first round of democratic elections on 30 July 2006 and the broad participation of the Congolese people. However, the EU condemns the acts of violence which occurred between 20 and 22 August. The EU requests the Congolese authorities to pursue the electoral process in peace and dignity, following the electoral calendar proposed by the Independent Electoral Commission. In this regard, the
EU requests all political actors to abstain from any acts of violence and to respect a code of conduct for the electoral campaign, in particular with regard to the prohibition of the use of hate speech. We call on the Congolese authorities to increase their collaboration with the Independent Expert, the Office of the High Commissioner for Human Rights and MONUC and in this regard welcome the invitation launched by the Congolese Minister of Human Rights to the Independent Expert to visit the
country as soon as possible.
Mr. Chairman,
Human rights defenders play a crucial role in reminding governments of the human rights obligations they have towards their citizens. The UN Declaration on Human Rights Defenders stresses that all governments should ensure that human rights defenders can operate in safety and without fear of harassment and attack. However, a worrying number of attacks on defenders still take place. Recently, the EU learned with deep regret about the murder of Anna Politkovskaya in Russia.
The EU wishes to express its appreciation to all human rights defenders for the invaluable contribution they make to advance respect for human rights worldwide. The EU calls for thorough investigation of the death of Mrs Politkovskaya and the bringing of the perpetrators to justice.
The EU will continue to use its guidelines on human rights defenders to actively promote and encourage respect for the right to defend human rights. This year the EU launched a global campaign on Women Human Rights Defenders which aims at strengthening the EU cooperation and giving visible support to women human rights activists all over the world.
Furthermore, the EU stresses the importance of the mandate of the Special Representative of the Secretary-General on the situation of human rights defenders and other relevant special procedures in enhancing the protection of human rights defenders throughout the world. It is also vital to ensure active participation of human rights defenders, as well as NGOs, in the Human Rights Council. Human rights defenders, national human rights institutions and civil society representatives play a key
role in conveying the voices of those we seek to protect.
Mr. Chairman,
Freedom of expression and freedom of the press are fundamental to democracy and human rights. The EU is deeply concerned about the deteriorating situation with regard to freedom of expression, freedom of the press and the status of human rights defenders in Iran. The EU has noted with concern a number of recent cases where human rights defenders, including lawyers, labour protesters, journalists and members of ethnic and religious minorities, have been harassed, detained in harsh conditions or
sentenced to lengthy prison terms as a result of the peaceful exercise of their rights. We urge Iran to comply with its international human rights obligations and to immediately release those detainees.
In this context, we also wish to express our deep concern at the violent suppression of demonstrations in Zimbabwe. This infringement of human rights and fundamental freedoms, as well as arbitrary arrests and detentions, forced mass evictions and blockage of humanitarian assistance, shows that the human rights situation in Zimbabwe continues to be alarming. The EU urges the Government of Zimbabwe to stop intimidation and assault and to respect the human rights and fundamental freedoms of its
citizens. The EU will also continue to support all those in Zimbabwe working for peaceful change, the restoration of democratic standards, human rights and the rule of law.
The protection of the human rights of members of the opposition and religious minorities is equally fundamental to democracy and human rights. In Ethiopia, members of the opposition and civil society, including journalists and members of parliament, are being detained arbitrarily. We hope that judicial proceedings against those detainees will be finalised in the coming months. In Eritrea religious minorities suffer repression. We are concerned about the treatment of political and religious
prisoners that are being held in secret detention without trial.
Civil society activists have been targets of intimidation also in Belarus. The EU is disturbed by the ongoing threats and illegal sentencing of non-governmental organisations and members of civil society. We deplore that the government of Belarus demonstrates unwillingness to respect international standards in democracy and human rights.
Mr. Chairman,
The EU fully supports the right of individuals to freedom of religion or belief, as guaranteed under Article 18 of the ICCPR. Intolerance and violence directed against members of religious communities around the world continue to be a cause of great concern. The EU condemns all forms of intolerance and discrimination based on religion or belief and urges States to ensure that their constitutional and legislative systems provide adequate and effective guarantees of freedom of thought,
conscience, religion and belief to all without distinction.
Mr. Chairman,
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. This prohibition is absolute. No exceptions are permitted under international law. The EU urges all countries that have not already done so to become parties to the UN Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment. Implementation of the Convention is equally important. All States parties to the convention should make clear to their officials, including
police, military and other security forces, that torture will never be tolerated. Any person who perpetrates acts of torture must be brought to justice. The existence of secret detention facilities where detained persons are kept in a legal vacuum is not in conformity with international law. Prolonged incommunicado detention or detention in secret places may facilitate the perpetration of torture and other cruel, inhuman or degrading treatment of punishment and can itself constitute a form of
such treatment.
The EU warmly welcomes the entry into force of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and calls upon all States to give early consideration to signing and ratifying the Optional Protocol. The monitoring mechanisms established by the OPCAT will provide effective and innovative methods to prevent torture by exposing places of detention to public scrutiny. Rather than reacting to torture after its occurrence, detainees
around the world can now be better protected against all forms of ill-treatment.
The Special Procedures, including the Special Rapporteur on Torture, also have a significant role in combating and preventing torture and ill-treatment. The EU urges all states to cooperate fully with the Special Rapporteur, to respond positively to requests to visit, and to follow up his recommendations. The EU further encourages all parties to UNCAT, whose reporting to the Committee Against Torture is pending, to fulfil this obligation as a matter of priority.
The EU continues to undertake political, diplomatic and economic initiatives to combat torture and support the rehabilitation of victims around the world.
Mr. Chairman,
Let me conclude by underlining that our commitment to promoting and protecting human rights needs to be continuously translated into action. The rights of women, men and children continue to be gravely violated every day. This fact should make us step up our efforts.
Thank you.
* Croatia and the former Yugoslav Republic of Macedonia continue to be part of the Stabilisation and Association Process.
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