Belgian Deputy PM and FM Michel's speech at the UNCHR

Madam Chairperson,
Mr. High Commissioner,
Excellencies,
Ladies and Gentlemen,


I would first like to offer you, Madam Chairperson, my best wishes for the successful accomplishment of your mission. In the current international context, the chair has special responsibilities.

I am in full agreement with the speech given by the President-in-Office of the European Union.

Many people around the world are rightfully expecting this body to play its role, the role for which it was created: to protect and promote human rights.

It is always good to go back to the source. After all, at the end of the day, what are human rights?

This Commission does not engage in theoretical or purely legal debates. The issues it addresses have real consequences and focus on an ultimate objective: to ensure that every single inhabitant of our planet can live in minimum conditions of dignity.

The key issue dealt with here is not for certain countries to pass judgement on others, but to enforce each Member State's collective international responsibility in terms of human rights. This responsibility is not incumbent solely on each state, but on all states. For only the state has the resources needed to ensure that each citizen can fully enjoy his or her human rights. The prime function of a state, as a public power, is to protect the most vulnerable.

Given this point of view, the Commission on Human Rights is an essential tool.

It serves as a sounding board for the expectations and hopes of those whose human rights are violated. We cannot and we must not let them down.

This expectation is simple because human rights cover a clear and basic concept: ensuring respect for human dignity and protecting that which allows a person to fully express his or her humanity. But it is also complicated because implementing it demands the political will to grant fundamental rights and freedoms to everyone. It also demands the determination to earmark the necessary resources.

The first step - which consists of acknowledging the violation - is critical. Without that, no judgement, sentencing, reparation or reconciliation is possible. In short, impunity would prevail. And that is unacceptable.

Every year, more states ratify the main human rights conventions. But we aim to achieve the universal ratification of these instruments and we must call upon those states that have not yet done so to take the plunge and show their willingness to ensure ratification.

Every year, more states issue a standing invitation to host a visit from the Commission's special reporters ﷓ just as all the EU Member States did.

But we need more countries to do this. It would also be ideal if all the Member States of this Commission agreed to issue a standing invitation. Then nobody could contest their political will to protect and promote human rights at home, and the authority of this Commission would be enhanced. I support the efforts of the High Commissioner in this regard.

But the role of the United Nations Commission on Human Rights does not end there. It must also help enhance the capabilities of states to shoulder their human rights obligations. This is where cooperation between states and with the Office of the High Commissioner for Human Rights really comes into its own.

This Commission cannot be viewed as an isolated entity, far removed from the daily concerns of the people. The Commission must reflect actual, tangible efforts made on the ground. A pragmatic approach must guide our deliberations.

Belgium is convinced that the new High Commissioner, Sergio Vieira de Mello, will capably take up the challenges that await him, especially those involving the implementation of reforms requested by UN Secretary-General Kofi Annan.

Given this context, I would like to emphasise seven decisive struggles currently under way to ensure a minimum level of dignity for the billions of human beings who live on our planet.


Terrorism, human rights and development

The first is the fight against terrorism. Terrorism is the most odious manifestation of intolerance. It expresses total contempt for human life. In a globalised world, terrorism represents a growing threat, and is increasingly complex to control. The international community is duty-bound to take a determined stance on terrorism. Fighting terrorism is a responsibility shared by all states. This fight can only yield tangible results when coupled with concerted actions at international level, initially in connection with the United Nations.

In this context, the Commission on Human Rights has a crucial role to play in guaranteeing that the international community's action against terrorism complies with the fundamental principles of human rights. Only by respecting human rights can the fight against terrorism lead to long-lasting results. Fighting terrorism cannot be a pretext for moving away from the fundamental principles of the impartial state, or for preventing the normal democratic operation of the rule of law. The end does not justify all means.

Fighting the deep-rooted causes of terrorism definitely helps reinforce human rights. We cannot avoid the political and economic breeding ground that fosters terrorism. This means that we must pursue efforts focusing on peacekeeping, settling the most stubborn conflicts, and pursuing a frank, open dialogue between cultures and civilisations. Economic development, social development and reconstruction must also be taken on board.


Human rights and conflict prevention

Ethnic conflicts fuelled by ultra nationalist fanaticism and propaganda running counter to human rights lead to hatred, armed action, acts that sometimes constitute crimes against humanity and genocide. These tragedies force millions of refugees to take to the roads, a situation that makes a mockery of all the rules set out in international humanitarian law. Often refugees become the stakes in the battle, or even military objectives.

Today, all eyes are on the Middle East and Iraq. I am extremely disappointed that the initiatives taken to ensure the application of Security Council Resolution 1441 by peaceful, diplomatic channels were not fully implemented. I am still convinced that diplomacy ﷓ via disarmament inspections ﷓ could have led to the desired objective. I think that an opportunity was missed to disarm Iraq effectively, yet peacefully. Without a doubt, this issue impacts on the credit and efficiency of the United Nations. This should give us food for thought and discussion. We must consolidate our institution, no matter what the price.

Today, we have to make sure that humanitarian aid arrives in time and at the right place, under the aegis of the UN. Care must also be taken to ensure that the future Iraq respects the rule of law, democracy, the multiparty system, human rights and community rights. Here too, the United Nations must play a central role. It would not be desirable for reconstruction to take place under some form of exclusive leadership. Re-involving the United Nations in the post-conflict phase does not, in my view, legitimise any justifications for military intervention.

Africa has also seen its fair share of conflicts. Africa must not once again be pushed to the back of our minds because of the Iraqi conflict. Belgium supports African initiatives to seek out solutions for re-establishing security and stability in the region. Respect for human rights is one of the essential conditions for eliminating the conflicts raging in that part of the world.

Belgium is pleased that the High Commissioner chose to visit the Great Lakes region for his initial missions. The progress made in recent months in Democratic Republic of Congo and Burundi fuels hopes of seeing a renewed prospect of long-term peace in the region. Even today, the situation remains delicate. With the comprehensive and inclusive agreement of Pretoria, Congolese officials have paved the way for power-sharing. Where recent violations of human rights are concerned, each party is responsible for maintaining security and order in the areas under its control. Once the transitional institutions are in place, Belgium will redouble its efforts to help rebuild the rule of law in Congo.

My country still supports Burundi, which is halfway down the road to a negotiated transition. Difficult decisions must be made by the entire political class in order to break out of the vicious circle of civil war. Like the High Commissioner did in Bujumbura, we must appeal to all belligerents to spare the civilian population and to see an end to the prevailing impunity.

Finally, in Rwanda, the transition is moving into its final phase. Elections will be held this year. Belgium is encouraging Rwanda to take crucial steps leading to a more open and more democratic period. Belgium supported the country during its years of reconstruction and reconciliation, specifically by supporting the traditional judiciary system. And it continues to do so.


Economic and social rights, development

The third critical struggle is to find the means to reduce the growing standard-of-living gap between states and individuals.

Human rights are indivisible. A person cannot fully exercise his or her civil and political rights without a minimum level of welfare. There is no real freedom unless there is the right to work and the right to education, food, health, housing and a healthy environment.

Globalisation - as brought about by the internationalisation of economic activities and the rapid development of new technologies ﷓ is irreversible. It generates new potential, but also leads to new challenges, specifically new social challenges. It is necessary to develop new forms of solidarity in an environment characterised, for many, by job losses, rising social exclusion and the growth of the harshest forms of poverty.

Once considered the poor relations of the modern system of protecting human rights, economic and social rights have for some years now been the focus of growing attention in the work done by our Commission.

The various categories of human rights have a dynamic mutual relationship, and this dialectic illustrates the extent to which they are complementary and indivisible. Such complementarities must take real form if we are to achieve the major objectives of the UN Charter: namely "to promote social progress and better standards of life in larger freedom." A political will to take action to this end would help enrich the human condition.

Its implementation implies that all UN bodies will mobilise and take part, including international financial organisations and agencies.

Belgium enshrined a series of economic and social rights in its constitution. In the event of a dispute, its national courts refer to the standards of the International Covenant on Economic, Social and Cultural Rights that are directly applicable within the internal legal order. Belgium keeps a close eye on the work done by various bodies set up to ensure the material application of these rights. During this session, it will support the creation of a working group that will be tasked with examining the options available for making these rights subject to the International Covenant on Economic, Social and Cultural Rights.


Fight against racism

At the Durban conference, many reasons for racism and xenophobia were identified. But the international community has come out firmly in favour of a united human race, with its wealth of diversity. That is why this Conference serves as our shared reference point. And its findings belong to us all. So it is essential that the follow-up should take the same approach. For only global, consensual follow-up will be able to ensure the actual implementation of the commitments made at this Conference. I therefore hope that this session will make it possible to ensure the follow-up to this Conference approved by all, so that the efforts made by all parties in Durban will not have been in vain.

At national level, the Belgian action plan implementing the action programme for the Durban Conference is on track. Two laws passed in late January have also been added to the legal arsenal for fighting racism and discrimination.

At regional level, Belgium has offered to host and finance a regional seminar on implementing Durban to be organised by the Office of the High Commissioner for Human Rights. I am pleased about the opportunity that we will have to make our contribution to implementing the Conference at regional level. This will also be an opportunity to address concerns about racism and discrimination specific to our region. I will take the initiative at European level to ensure that a sign of encouragement is sent to the African group.


Equality between men and women

Belgium fully supports the UN policy on implementing the prospect for sexual equality in all policies pursued within the UN and its Member States. Ensuring that no policy discriminates against either sex, female or male, is a precondition for ensuring genuine equality between men and women in the real world.

Belgium is especially concerned about the situation of women in the world. They are victimised by violence and serious discrimination in many parts of the world. Since they have up-close and daily experience of the causes of the conflicts to which they fall victim, women have a crucial role to play in conflict prevention and resolution. Belgium encourages efforts to involve women in resolving conflicts and building peace.


Defence and promoting the rights of the child

Whether or not a child's dignity is respected today will have a major impact on that child's future ability to participate actively in and help reinforce the democratic life of its country. This struggle is more crucial than ever.

The Convention on the Rights of the Child is a normative foundation essential for recognising the rights of the child. It is the reference tool for guaranteeing their implementation. Belgium enshrined this foundation and principle in its own constitution.

Around the world, the rights of the child are all too often violated and flouted. The scandal of child-soldiers, sexually exploited children, children at work and starving children is appalling. This reality is unworthy of today's societies. In my view, we have a duty to intervene.

Freedom of expression is a human right that is just as applicable to children. I am convinced that asking their opinion and listening to their perception of the world will improve the quality of decisions that impact on their lives. This also encourages the enforcement of such decisions.


Fight against impunity

Lastly, one major struggle for the future of humanity is the fight against impunity, in particular with respect to the most serious crimes. I am pleased that there is an International Criminal Court whose inaugural ceremony was recently held in The Hague.

It will play a key role in complementing the responsibility of the states. It will, of course, help ensure respect for the law, peacekeeping and the bolstering of international security, but it will also play a fundamental role in prevention. Everyone now knows that any crime against humanity, any crime of genocide, any war crime committed today is likely to one day be dealt with by the International Criminal Court. This alone is a factor that encourages more justice and more peace in the world.

If, together, we are able to wage all of these battles with determination and with a frank, constructive dialogue, then I am convinced that we will manage to build a common foundation of universal - and universally respected - human rights.

Thank you.

| Arriba |

• Description of Delegation's work in Geneva (1/12/2001)