Sommaire: EU Presidency Statement - Human Rights (25 October 2005: New York)
EU Presidency Statement on Item 71: Human Rights by H.E. Mr. Adam Thomson, Deputy Permanent Representative of the United Kingdom to the United Nations, on behalf of the European Union, Third Committee, Sixtieth Session of the General Assembly of the United Nations, New York
Chairperson,
I have the honour to speak on behalf of the European Union. The Acceding Countries Bulgaria and Romania, the Candidate Countries Turkey and Croatia*, the Countries of the Stabilisation and Association Process and potential candidates Albania, Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia, EFTA country Iceland, member of the European Economic Area, as well as Ukraine align themselves with this statement.
Chairperson,
As we start this debate on human rights, our thoughts go to all those around the world who are unable to enjoy their human rights: those who are tortured; those who suffer from discrimination, for example on grounds of race, gender or disability; those arbitrarily and illegally deprived of their homes; children caught up in armed conflicts: women and girls suffering from violence; those suffering malnutrition or hunger; those lacking access to educational opportunities; human rights defenders
who are threatened, detained arbitrarily, abused or disappeared. Too often, despite our best efforts, including through institutions such as the ICC, impunity still prevails.
We are; however, possibly at a turning point in the human rights work of the UN. Just last month the Millennium Review Summit agreed key reforms, including the establishment of a Human Rights Council. The EU welcomes in particular the Summit's commitment to double the regular budget resources of the High Commissioner for Human Rights over the next five years, and to mainstream human rights in the UN system. In respect of the Council, while we regret that it was not possible to agree more detail
about its structure and mandate at the Summit, the EU looks forward to working with partners to make the vision a reality as soon as possible. It is of utmost importance that the Human Rights Council has the appropriate tools to promote and protect all human rights: the EU believes that equal emphasis should be given to civil, cultural, economic, political and social rights, which are universal, indivisible and mutually reinforcing. To this end, the new Council must be a standing body able to
address swiftly and effectively urgent human rights situations and questions. It must preserve and build upon the strengths of the Commission on Human Rights, in particular the system of special procedures and participation of civil society. And its members must undertake to abide by the highest human rights standards. If we can achieve a genuinely effective, legitimate and credible Council, we will have given material form to the principle reaffirmed by the Summit that human rights, together
with peace, security and development, are the pillars of the UN system and that these elements are interlinked and mutually reinforcing.
The centrality of human rights to the broader agenda is illustrated, for example, in Burma, where repression, a lack of democracy and human rights abuses have brought a country blessed with a resourceful people and rich potential to its knees. It is the ultimate travesty that in the 60th anniversary of the UN's establishment, Aung San Suu Kyi should have to celebrate her 60th birthday - still under house arrest. It is regimes which oppress human rights defenders, violate the human rights of
their citizens, and are prepared to intimidate, torture or even kill those who speak out, which pose the greatest challenge to the universal values the UN was designed to uphold.
Chairperson,
It is impossible to present an exhaustive survey of the world-wide state of human rights within the limited time available. Some specific country situations, however, appear to warrant particular attention by the General Assembly. The European Union will therefore table draft resolutions on the human rights situations in the following countries: Myanmar, the Democratic People's Republic of Korea, Uzbekistan and Democratic Republic of Congo. We have serious concerns about the situation in Sudan,
particularly in Darfur, where the level of violence against civilians and the culture of impunity remains of grave concern. We are also disturbed by the situation in Zimbabwe, where the crisis in the country has been exacerbated by Government operations carried out in an indiscriminate and unjustified manner, with disregard for national and international law, leaving 700,000 people homeless.
Chairperson,
No country anywhere in the world can claim to have a perfect record on human rights. But respect for human rights is about taking scrutiny seriously, about being transparent about weaknesses, and doing our best to remedy them. In this context, the EU urges all states who are party to international conventions to comply with their obligations, and to cooperate fully with all relevant Special Rapporteurs, including by responding positively to requests to visit and following up their
recommendations.
Human rights defenders such as Aung San Suu Kyi play a central role in reminding governments of the human rights obligations they have towards their citizens. In accordance with the 1998 Declaration on Human Rights Defenders, all governments should ensure that human rights defenders can operate in safety and without fear of harassment and attack. Where such cases occur, Governments must publicly condemn such attacks, launch thorough investigations and bring the perpetrators of such acts to
justice.
Yet too many governments still view human rights defenders as adversaries rather than allies. Too many are still subjected to harassment and intimidation. The Special Representative on human rights defenders has documented a worrying increase in the number of reported attacks on defenders all around the world. The EU is particularly concerned by legislation in a number of countries, such as Uzbekistan, Cuba, Belarus and Zimbabwe, which is actively designed to restrict the work of human rights
defenders.
The EU pays tribute to the courage of human rights defenders around the world, and reaffirms its unequivocal support for the Special Representative of the Secretary-General on human rights defenders and her mandate. It is vital to ensure the safety of the rights of human rights defenders without distinction of any kind. The EU will continue to use its guidelines on human rights defenders actively to promote and encourage respect for the right to defend human rights.
Chairperson,
It goes without saying that the first right to be violated by those who do not allow their own people to speak out against abuses is that of freedom of expression. Where freedom of expression and opinion is curbed, and people are not free to assemble peacefully to express their opinion, many other basic human rights cannot be enjoyed. The ability to hold, exchange and challenge opinions is vital to the emergence and existence of an effective democracy. The free flow of information and ideas is
essential to economic development and growth.
The last 12 months have seen some remarkable examples of what freedom of expression can achieve. Who can forget the images of Lebanese people demonstrating in Beirut, or the "Orange Revolution" in Ukraine? These were powerful examples of the universal desire for free expression and truly representative government. And yet could there be any harsher contrast to these images than the deafening silence echoing across the borders of the DPRK? In many countries, the ability to express oneself freely
without fear or restraint is getting worse, not better. In Zimbabwe, draconian legislation has been used to prevent independent newspapers from publishing, arrest dozens of journalists and curb civil society by severely threatening the work of local and international NGOs. Or Belarus, where repression of civil society, the independent media, opposition political parties, national minority organisations and trade unions continues to escalate and politically motivated arrests and detentions
continue.
The EU believes all governments have a duty to eliminate barriers to freedom of expression and information, as guaranteed in the Universal Declaration of Human Rights, ICCPR and other instruments. This is particularly relevant for the media, which has a key role in scrutinising government actions, and motivating them to manage resources and set policies in a transparent and equitable way, and for human rights defenders, whose job is to expose human rights abuses. But we urge governments to
ensure a safe environment for all those who wish to exercise their right to freedom of expression, including political parties, trade unions, students, teachers, social workers, writers and artists.
Chairperson,
The prohibition of torture is absolute. The prevention and eradication of all forms of torture and other inhuman and degrading treatment or punishment is a priority for the EU, which undertakes political, diplomatic and financial initiatives to combat torture and support the rehabilitation of victims around the world.
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. But implementation is equally important. All States party 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.
Scrutiny and openness are essential in combating torture. We therefore call upon States Parties to give early consideration to signing and ratifying the Optional Protocol to the Convention against Torture. Once in force, the Optional Protocol will provide a concerted international approach to eradicating torture, with the emphasis on preventing violations rather than reacting to them once they have occurred.
The international monitoring mechanisms of the OHCHR, including the Special Rapporteur on Torture, also play a central role. The EU urges all States Parties to comply with their obligations, including by submitting overdue reports, and to cooperate fully with the Special Rapporteur, including by responding positively to requests to visit, and to follow up his recommendations.
Chairperson,
The EU is particularly concerned about the trade in goods used in torture. In June the EU therefore adopted a Regulation which prohibits the trade in goods whose only practical use is to carry out capital punishment or to inflict torture and other cruel, inhuman or degrading treatment or punishment. The EU urges other States to introduce similar legislation.
Torture often thrives where judicial systems are weak and law enforcement lacks the skill and resources to conduct proper investigations. The EU is ready to co-operate with all interested States to eradicate torture, including through technical assistance. The European Initiative for Democracy and Human Rights also supports the work of NGOs, international organisations and rehabilitation centres to support survivors of torture. The Commission and Member States will continue to provide
substantial support to such projects.
Chairperson,
I would finally like to turn to the question of the death penalty. The abolition of the death penalty is one of the EU's primary goals. The death penalty has never been proven to have a deterrent effect. It is irreversible, and there are cases in every country which retains the death penalty where innocent people have been put on death row and even executed. Its abolition contributes to the enhancement of human dignity and the progressive development of human rights. It is impossible to carry
it out humanely. In the last year the EU has carried out demarches on the death penalty in Japan, the US, China, Pakistan, Afghanistan, Syria, Kuwait, Barbados, Yemen, the Palestinian Authority, Libya, Iran, Uzbekistan, Sri Lanka, Indonesia and Bangladesh, Iraq, Saudi Arabia and Liberia. It calls upon all States to abolish the death penalty, and apply an immediate moratorium on executions pending full abolition.
The EU welcomes some positive steps on the death penalty in the past year. We applaud Senegal for abolishing the death penalty on human rights day last December. We welcome the positive steps in Tajikistan and Kyrgyzstan where real progress is being made on abolishing the death penalty in law. We also welcome the US Supreme Court ruling that the juvenile death penalty was unconstitutional. We were heartened to see the resolution on the death penalty at the 61st session of the Commission on
Human Rights attract a record number of co-sponsors.
However, despite these developments, the EU remains concerned about the continuing use of the death penalty in certain parts of the world. The EU emphasizes that those states which still carry out the death penalty should do so in a way that causes the least suffering, with respect for human dignity, and with respect for international laws and safeguards. Public executions, stonings and the display of bodies following execution all constitute inhuman, cruel and degrading treatment, and should
have no part in our societies today.
The EU regrets that the level of executions in China and Iran remains so high, while the details of the executions remain unclear. We note the commitments made by China in the framework of the EU-China dialogue to reduce the use of the death penalty. We call on all retentionist countries to publicize their statistics on the use of the death penalty and to announce intended executions publicly well before they are held. We are also deeply concerned by the continuing executions of juveniles, as
recently reported from Iran. We are disappointed by the introduction of the death penalty in the national legislation of the Palestinian Authority and of the new Iraqi Government. And we are seriously concerned by reports that Uzbekistan has continued to execute prisoners on death row whose cases were lodged with the UN Human Rights Committee. However, we note President Karimov's recent decree to abolish the death penalty by 2008 and urge him to take this forward with an immediate moratorium on
executions and death sentences.
Chairperson,
As I noted at the start, human rights are inextricably linked to the UN's wider goals on security and development. Paradoxically, repressive governments often try to justify their abuses on grounds of effective control, or national security. But in reality, it is the protection of human rights which contributes to stable, democratic, prosperous societies, and their violation which leads to instability, discontent and unrest. So when we work on human rights in this room, these are not abstract
legal concepts to be deployed as political tools. Our work is at the heart of the broader agenda of stability, prosperity and peace.
* Croatia continues to be part of the Stabilisation and Association Process.
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