It is hardly an
exaggeration to say that the eyes of the world-especially the
eyes of those whose human rights are denied, threatened or infringed-are
upon you, they are turned towards this chamber and this Council.
A great effort has been made by Member States and by civil society
worldwide to bring us to this point. And a new era in the human
rights work of the United Nations has been proclaimed. I trust
that all members of the Council are fully aware of the hopes
that have thus been raised, and are determined not to disappoint
them.
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Photo/Eskinder Debebe |
They certainly should be aware, because all of them in seeking
election to this Council have made pledges both to respect
human rights at home and to uphold them abroad. Moreover,
the General Assembly has required them to uphold the highest
standards in the promotion and protection of human rights,
fully cooperate with the Council and submit themselves to
the universal periodic review mechanism during their term
of membership. Their peoples-and the peoples of the world-will
be watching to see whether those standards are indeed upheld.
Let us briefly recall the journey that has brought us here.
Last year in my report, In Larger Freedom, I stressed that
human rights form the third of the three pillars, with economic
and social development and peace and security, on which all
the work of the United Nations must be based. I argued that
these three are interlinked and mutually reinforcing, and
are the prerequisites for our collective well-being. No society
can develop without peace and security. No State can be secure,
if its people are condemned to poverty without hope. And no
nation can be secure or prosperous for long, if the basic
rights of its citizens are not protected. In short, lack of
respect for human rights and human dignity is the fundamental
reason why the peace of the world today is so precarious and
why prosperity is so unequally shared.
I am glad to say that world leaders at the [World] Summit
last September endorsed this vision. They resolved to integrate
the promotion and protection of human rights into national
policies and to support the further mainstreaming of human
rights throughout the United Nations system. And they accepted
my suggestion that, in order to establish human rights at
its proper level within the system, they should create this
Council, directly elected by the General Assembly, to work
alongside the Security Council and the Economic and Social
Council. They also resolved to strengthen the Office of the
High Commissioner, and the General Assembly has since decided
that this Council should assume the former role and responsibilities
of the Commission on Human Rights relating to the work of
that Office.
For the moment it is a subsidiary organ of the Assembly. But
within five years the Assembly will review its status. I venture
to hope and I suggest it should be your ambition that within
five years your work will have so clearly established the
Human Rights Council's authority that there will be a general
will to amend the Charter and to elevate it to the status
of a principal organ of the United Nations. If that ambition
is to be realized, the Council's work must mark a clean break
from the past. That must be apparent in the way you develop
and apply the universal periodic review mechanism; in your
willingness to confront hard issues and engage in difficult
discussions, where these are necessary to remedy or, even
better, to prevent human rights violations; and in your readiness
to make good use of your ability to meet more frequently than
the Commission did and to call special sessions. What must
be apparent, above all, is a change in culture-I repeat-a
change in culture. In place of the culture of confrontation
and distrust, which pervaded the Commission in its final years,
we must see a culture of cooperation and commitment, inspired
by mature leadership, which cannot rest only on the shoulders
of your President, but must be collective. The General Assembly
has given you a good set of rules to start from, but ultimately
your success or failure will be determined by your working
methods and by the aspirations and attitudes that inform them.
Yet, whatever its recent shortcomings, the Commission did
create many useful mechanisms. These should be retained and
strengthened. I would mention, in particular, the system of
special procedures through which the Commission made itself
not only the promoter but also the protector of human rights.
These include independent experts, special rapporteurs, my
own special representatives and those of the High Commissioner
and, of course, the working groups.
Together, these mechanisms, most of which take the form of
individual people, chosen for their expertise and serving
without pay, constitute the frontline troops to whom we look
to protect human rights and to give us early warning of violations.
By raising the alarm and then investigating, they keep the
spotlight of world attention focused on many of our most pressing
human rights dilemmas. They give a voice to the voiceless
victims of abuses, and their reports provide a starting-point
for discussion on the concrete measures that Governments need
to take to put a stop to violations and to ensure that human
rights are protected in future.
The Commission also created the first-ever human rights complaints
mechanism in the United Nations system-the confidential so-called
"1503 procedure", which allows complaints from non-governmental
organizations (NGOs), other groups and even individuals. I
trust that this, or a similar confidential complaint procedure,
will be retained to ensure that you do not overlook allegations
of gross and widespread abuses in any country. And I hope
you will be able also to reach agreement on an additional
protocol establishing avenues for lodging complaints under
the Covenant on Economic, Social and Cultural Rights. Non-governmental
organizations play an important role in promoting and protecting
human rights at the national, regional and international levels.
That is why the General Assembly has required you to build
on the practices of the Commission to ensure that, along with
States that are not members of the Council, the specialized
agencies, other intergovernmental organizations and national
human rights institutions, NGOs can contribute to your work
in the most effective way.
The Commission has also bequeathed to you two vital documents:
the draft convention on enforced disappearances and the draft
declaration on the rights of indigenous peoples. You have
a chance, by considering and approving those instruments at
the earliest possible opportunity, to start your work with
a tangible achievement-one that will bring hope to large groups
of people who have lived in a dark shadow of fear.
And there are other urgent tasks that you inherit, notably
that of reaching agreement on issues where the Commission
found consensus elusive, such as that of making the "right
to development" clear and specific enough to be effectively
enforced and upheld. As you know, the negotiations leading
to the creation of this Council were tough. Not every delegation
got all it wanted. Compromise was necessary, though, in the
end, principles were not sacrificed. These disagreements and
difficulties should not surprise us. If there were no disagreement
about human rights, we should not need this Council!
Indeed, human rights are an inherently sensitive topic. But
that does not mean they are inherently intrusive or antithetical
to State interests. Nor should we accept the widely parroted
notion that there is a built-in tension, or a necessary trade-off,
between freedom and security. On the contrary, the strongest
States are those that most resolutely defend the human rights
of all their citizens. And human beings are never truly secure,
unless their rights and freedom are protected from assault,
whether perpetrated by enemies of the State or by those who
act in its name.
It follows that those who have sought and won election to
this Council must be prepared for debate and disagreement,
but must also be united in their determination to uphold and
implement human rights without fear or favour. They must recognize,
as the General Assembly did when it established this Council,
the importance of universality and objectivity, and the need
to eliminate double standards.
You have much hard work before you. In the weeks and months
ahead, as you descend into detail and wrestle with issues
at the heart of the Council's mandate, I urge you to keep
constantly in mind the noble aims that brought you here. Never
allow this Council to become caught up in political point-scoring
or petty manoeuvre. Think always of those whose rights are
denied-whether those rights are civil and political, or economic,
social and cultural; whether those people are perishing from
brutal treatment by arbitrary rulers, or from ignorance, hunger
and disease.
The truth is that those denials go together. All too often,
it is those who seek to improve the welfare of their communities
who become the victims of oppression; and it is the lack of
freedom and legal safeguards that inhibits economic and social
development. On both those essential fronts, this Council
represents a great new chance for the United Nations and for
humanity to renew the struggle for human rights. I implore
you, do not let the opportunity be squandered.
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