EU Presidency Statement - Human Rights Questions

Mr. Chairman,

I have the honour to speak on behalf of the European Union and of the acceding countries Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, and Slovenia. The associated countries Bulgaria, Romania, Turkey as well as the EFTA country - member of the European Economic Area - Iceland align themselves with this statement.

The promotion and protection of human rights are among the highest priorities of the European Union, as regards both its internal policies and its relations with other countries.

The European Union is concerned about all manifestations of human rights violations in the world. This statement will focus, particularly, on four main issues on which the European Union is taking systematic action in its relations with third countries, namely: democracy and human rights in the context of conflict prevention and the struggle against terrorism; the death penalty; the eradication of torture; and impunity.

Democracy and Human Rights

The principles of liberty, democracy, the rule of law, good governance and respect for human rights and fundamental freedoms are inseparably connected. Only when people, men as well women, are able to participate meaningfully and equitably in processes of governance and decision-making, do societies have a better chance at development, non-discrimination, and justice. Moreover, the EU views its activities in this field as a cornerstone of its work to contribute to poverty reduction, sustainable development, peace and security.

The European Union is encouraged by the progress accomplished worldwide in establishing and strengthening democracy, human rights, the rule of law and good governance. At the same time we are concerned at the recent events which seem to drive certain countries in the opposite direction.

Over the last decade, no region of the world has been untouched by conflicts, most of which have been within rather than between States.

Since 1990, almost 4 million people have died in conflicts, 90% of them civilians. Over 18 million people world-wide have left their homes or their countries as a result of conflict. The failure to respect human rights has caused bad governance, corruption, abuse of power, weak institutions and lack of accountability which are often at the heart of these conflicts.

In most, if not all, cases we find a denial of human rights where non-democratic rulers consolidate uncontrolled power combined with a policy of repression. The effects of this repression can have an impact beyond the borders of the state concerned.

At the present juncture, as we confront these situations, we should not avoid asking ourselves why we were not able to prevent them. The answer can only be a renewed commitment to the protection and promotion of human rights world-wide. Only the guarantee of rights through the rule of law can supply those avenues of redress for grievances without which political controversy and the competition for power tend to be played out violently.

The EU rejects any unconstitutional seizure of power and emphasises that political changes should accord with the principles of the rule of law and the democratic process. We should make all efforts to provide support and assistance to those countries which at a certain point in their history and for a number of different reasons are faced with the risk of breaking up and not able to fully realise or maintain a democratic system. In this context the EU recognises and values the role of the international community in assisting truth and reconciliation processes in post-conflict societies with a view to foster reconciliation, peace, stability and development.

Respect for human rights is also a crucial element of combating terrorism.

Societies based upon the respect of human rights and democracy allow channels for the formulation and peaceful redress of claims and grievances; they are societies of participation, creativity, and prosperity. Terrorists are less likely to find sanctuary and to prosper in such conditions. Failed rights mean failed states; democracy and human rights are the best weapon against terrorism.

Acts and strategies of terrorism aim at the destruction of human rights, democracy, and the rule of law. They destabilise governments and undermine civil society. Governments therefore have not only the right, but also the duty, to protect their nationals and others against terrorist attacks and to bring the perpetrators of such acts to justice. The manner in which counter-terrorism efforts are conducted, however, can have a far-reaching effect on overall respect for human rights.

In this regard, the European Union would like to recall that human rights law establishes a framework in which terrorism can be effectively countered without infringing fundamental freedoms. In particular, art. 4.2 of the ICCPR provides a list of human rights that are not subject to suspension under any circumstances.

As we assume responsibility for the future, we must therefore renew our commitment to human rights as a rational strategy for the prevention of both conflict and terrorism. And yet, what should we do when conflict has not been prevented, when terrorism is in action? Should human rights remain silent? We are convinced that this is not the case.

The respect for democracy and human rights is a cornerstone also in poverty reduction and sustainable development. Indeed, democracy, civil and political rights, poverty eradication and full enjoyment of economic, social and cultural rights are interrelated goals.

The International Covenant on Economic, Social and Cultural Rights is a fundamental legal instrument. The EU notes with satisfaction that 146 states are parties thereto. We urge all other states to become parties to it as well. There are certain provisions in the Covenant that impose obligations of immediate effect, including, inter alia, those on equality, non-discrimination, trade union rights, working conditions, primary education and freedom of scientific research.

Such provisions must thus be fully implemented without delay.

As regards the proposals on a draft optional protocol to the ICESCR providing for a mechanism for individual complaints, in the view of the European Union the mechanism would benefit from clear legal guidance, that takes into account the obligations of the states parties with regard to economic, social and cultural rights. EU member states will actively participate in the open-ended working group mandated to consider options regarding the elaboration of an Optional Protocol and express their appreciation for the work carried out by the independent expert.

Death penalty and moratorium

Mr. Chairman,

The European Union believes, as a matter of policy, that the death penalty is a contravention of the right to life and of the human dignity, and it is therefore committed to working towards its universal abolition. We are encouraged by the steadily growing number of abolitionist countries and express the hope that others will soon follow suit. We further welcome the moratoria on executions that have been recently established or extended, as well as the decisions on commutation of sentences.

Despite these positive developments, there is still cause for great alarm.

Imposition of the death penalty on persons below 18 years of age at the time of the commission of the offence is prohibited by the convention on the rights of the child, an instrument which has been ratified by almost the totality of states. This should be regarded as a ban on capital punishment for juvenile offenders. The European Union thus strongly appeals to those states that still retain the death penalty for minors to act accordingly.

Many countries continue to disregard international safeguards, including the minimum procedural guarantees for a fair trial contained in article 14 of the International Covenant on Civil and Political Rights and the safeguards guaranteeing protection of the rights of those facing the death penalty set out in the annex to ECOSOC Resolution 1984/50. The European Union urges all states that have not yet abolished the death penalty to ensure full respect for these safeguards and not to proceed to any execution, as long as all remedies, domestic or international, have not been exhausted.

There are still states where the death penalty is carried out in away which causes excessive suffering. The European Union reiterates its call for the prohibition of these forms of execution. We consider that they not only violate the right to life, but also constitute cruel, inhuman or degrading treatment or punishment.

Since the last session of the General Assembly, the EU has been raising the question of the death penalty with the governments of Barbados, Belize, Burma, China, Democratic Republic of the Congo, India, Indonesia, Iran, Japan, Kuwait, Laos, Morocco, Nigeria, Palestinian Authority, Philippines, Pakistan, Qatar, Sri Lanka, Sudan, Tajikistan, Uganda, United States of America and Vietnam. The European Union calls on those states which do not limit the death penalty to the most serious crimes, sentence and execute juvenile or mentally retarded offenders, use cruel and degrading means of execution or use the death penalty against political opponents, to stop these practices.

On a more general note, the European Union reiterates that it does not accept the argument that the death penalty is a deterrent to the perpetration of violent or any other forms of crime. In addition, no legal system is immune to miscarriages of justice. With the application of the death penalty such miscarriages are irreversible.

In a resolution co-sponsored by 75 countries, the Commission on Human Rights calls on countries which maintain the death penalty progressively to restrict the number of offences for which it may be imposed and to establish moratoria on executions with a view to completely abolishing the death penalty in law and in practice, in time of peace and war.

Our aspiration is to see the death penalty abolished in law and in practice in every country of the world, in times of peace and war. In the meantime, the European Union makes a solemn appeal to all states who have not yet done so, including those which have suspended existing moratoria, to establish a moratorium on executions and to sustain it with strong political will. The European Union believes that a moratorium is a first minimum step leading in the right direction, which no state should deny.

Eradication of torture

Mr. Chairman,

torture and cruel, inhuman or degrading treatment or punishment are among the most abhorrent violations of human rights and human dignity - not only for the victim, but also for the perpetrators who bring shame upon themselves. It is therefore a priority of the European Union human rights policy to work towards the prevention and eradication of torture and ill-treatment world-wide. The European Union expects all countries to comply with the unconditional prohibition of all forms of torture. It is in this context that, in April 2001, it adopted guidelines for EU-policy towards third countries on torture and other cruel, inhuman and degrading treatment or punishment.

The European Union is encouraged by the positive developments in this field, such as the increasing number of states that have ratified the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, and urges all those who have not yet done so, to become parties to it as a matter of priority. The European Union also welcome the recent ratifications of the Optional Protocol to the convention against torture. The European Union also urges all states to consider, as a matter of priority, to sign and ratify the Protocol.

The European Union considers that the treaty bodies and CHR mechanisms also play an important role in the prevention and eradication of torture. We therefore urge all states parties strictly to comply with their obligations under article 19 of the convention against torture and those governments which dismissed the Special Rapporteur on torture's request to visit their country to respond positively and to fully cooperate with him. In this regard the EU expresses its wish that the visit to China by the UN Special Rapporteur on torture could take place as soon as possible. The EU urges also those countries which already have been visited by the Special Rapporteur to continue to cooperate with him and to follow up on his recommendations.

In this respect the European Union invites Uzbekistan to ensure full implementation of the recommendations made by the UN Special Rapporteur on torture following his visit in that country.

These are all clear moves towards the creation of a full consensus against torture. International law clearly prohibits torture in all circumstances, including in times of war. Nevertheless, the effective prevention and eradication of torture requires resolute multi-dimensional action. States must adopt a variety of measures to fully comply with international standards in this field.

As often happens, torture or other abuses reflect poor and inefficient law enforcement, lack of skills, training and resources to conduct proper investigations. The European Union believes that the proper training of law enforcement personnel as well as the exposure to scrutiny and inspection of places where people are deprived of their liberty are invaluable measures to prevent torture. In this respect the European Union is ready to co-operate with all interested states in order to eradicate torture in law and practice, also by means of technical assistance.

The EU strongly urges all states to support the establishment and the functioning of independent rehabilitation centres as well as enable torture victims to obtain restitution, redress and compensation and receive adequate medical and social rehabilitation. The European Union will continue to provide substantial support for rehabilitation centres for victims of torture across the world and it also urges others states to fulfil their obligations in this regard. It is often dedicated individuals or NGOs who work selflessly to bring cases and patterns of torture to the attention of the international community and who assist victims of torture. These human rights defenders deserve our full respect and protection.

Impunity

On a more general note, we would like to highlight one of the most important issues that completes the human rights discourse: the question of impunity.

A crucial element for the success of any legislative and administrative measure adopted for the prevention and eradication of human rights violations is to combat impunity. Allegations of violations of human rights should be investigated diligently and without delay and those responsible should be brought to justice. In particular, the European Union continues to support the work of the International Criminal Court which it considers of paramount importance for a strengthened system of international justice and as a complement to national jurisdictions in the struggle against impunity. The European Union will continue to promote the widest possible participation in the Rome Statute and will closely follow developments concerning effective co-operation with the court in accordance with the Statute.

Country situations

The European Union, however, cannot remain silent over all manifestations of human rights violations in countries of the world. In accordance with the Vienna Declaration and programme of action, the 10th anniversary of which is celebrated this year, human rights violations, wherever they occur, are the legitimate concern of the international community, and the European Union will continue to maintain a spotlight on such violations.

Various reports of the Secretary General, of the Special Rapporteurs and other human rights mechanisms amply testify to the diverse manifestations of grave, massive and persistent human rights violations in all parts of the world.

At the present session of the General Assembly, the European Union considers it useful to table resolutions on Myanmar, the Democratic Republic of the Congo and Turkmenistan.

Besides these three countries, at this year's session of the Commission on Human Rights, the European Union also tabled resolutions, namely concerning Zimbabwe, the Democratic People's Republic of North Korea, Iraq, the Occupied Palestinian Territories, Sudan, and Chechnya. The European Union also supported resolutions on the human rights situation in Belarus, Cuba, Burundi, and Western Sahara. Moreover the Commission on Human Rights adopted resolutions or Chairperson's Statements on technical co-operation in the following countries: Afghanistan, Cambodia, Chad, Colombia, Haiti, Liberia, Sierra Leone, Somalia, Timor-Leste.

The European Union continues to follow closely the situation of human rights and fundamental freedoms in these countries.

Other cases require specific attention by the General Assembly. In this regard, we would refer to the EU statement on human rights situations in the world at the 59th session of the Commission on Human Rights, which still stands. While the European Union is encouraged by some positive developments in a number of the countries considered in this statement, it continues to express concern at and monitor the situation of human rights in other countries mentioned in its statement.

The European Union also recalls that it is currently engaged in a structured human rights dialogue with both Iran and China. It is important that such dialogues should produce concrete results.

In particular, the Council of the European Union on October 13th, expressing concern about the violations still occurring in Iran, recalled the commitment expressed by the Government of Iran to strengthen respect for human rights in the country and to promote the rule of law.

Mr. Chairman,

We are well aware that we are facing a world of new threats as well as new opportunities. Which of these comes to fruition will depend on our actions. We must all recommit ourselves "to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small".

Thank you, Mr. Chairman.

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