9. We need to understand each challenge in turn, and their interrelationship, in order to propose an effective response.

A. Human rights challenges

1. Poverty and global inequities

10. Poverty is the gravest human rights challenge in the world. Whether measured against the number of people affected (over 1 billion), or in its cumulative effect across a range of human rights, the impact of poverty far surpasses other scourges. The gap between rich and poor countries, and the global inequities it points to, seriously challenge our commitment to the universality of human rights. In human rights terms, poverty is both a symptom and a cause: continuing severe deprivation is a sign that those affected are living in a state of indignity, and thus denial of rights, and the poor and marginalized are deprived, above all, of the capacity to claim their rights. A marked characteristic of virtually all communities living in extreme poverty is that they do not have access, on equal terms, to the institutions and services of Government that give effect to human rights. This inequality of access, in particular to justice, is often linked to discrimination on other grounds. Although commonly seen as an issue of economic and social rights, the experience of the poor is as likely to be marked by repression as by economic deprivation and indeed the two are interlinked.

11. Any global human rights agenda must give prominence, indeed priority, to the poor and to the problem of poverty. The above-mentioned report of the Secretary-General includes a specific challenge to human rights actors to contribute more effectively to efforts to eradicate poverty. This must be done by promoting rights-sensitive understandings of poverty, the application of rights-based approaches to development, and the advancement of the right to development at the national and international levels.

2. Discrimination

12. The term “discrimination” is certainly an inadequate means of describing the vast range of inequalities and indignities that are suffered by persons who are seen as less able and less deserving by those wielding power, by reason of their race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Guarantees of non-discrimination figure prominently in every international human rights standard because ideas of inferiority, inequality or unwarranted distinctions between individuals are anathema to the notion of a common humanity, which is the moral basis for these standards.

13. Laws in some countries, and practice in many, in all regions of the world, still permit or tolerate discrimination, not least against women and girls. Indeed, gender discrimination remains one of the most widespread human rights violations. Racial discrimination too, is ever present, despite the attention the United Nations has been paying to the issue for many decades, and in some regions may even be growing, perhaps linked to patterns of migration.

14. Even where legislation is adequate, ingrained social and cultural prejudice or tradition, intolerance and xenophobia combine to thwart integration and equality initiatives. Especially worrying is a growing sense of global polarization along lines of religion or region, even as global economic and political integration proceeds.

3. Armed conflict and violence

15. Many of the world’s worst human rights abuses occur in the context of armed conflict. Massacres and targeted or indiscriminate killing of civilians, forced displacement, rape, disappearances, mass detentions, expulsions and destruction of civilian property — these abuses are most prevalent in war or in situations of armed political violence.

16. The protection of human rights must be at the core of policies to address conflict. Many international actors still view human rights as relevant only when conflict ends. This is the sequencing fallacy, the belief that efforts to address immediate humanitarian needs and to end the conflict are at odds with efforts to protect human rights. In fact, the protection of human rights is relevant at all stages of conflict. Patterns of human rights abuse are a key precursor of violent conflict, and when they are tackled effectively they can halt escalation. In the midst of conflict, efforts to protect human rights are essential to save lives and may have a pacifying impact on the conflict itself. Peace agreements that fail to address human rights are unlikely to last and insecurity in post-conflict environments undermines confidence in the peace process.

17. The overwhelming majority of conflicts are internal wars, taking place between a Government and insurgent forces or in any case involving armed groups. In many countries, such groups are responsible for grave human rights abuses. At the same time, international armed conflicts and foreign occupation persist and also raise serious human rights concerns. At both the national and international levels, terrorism poses a profound threat to human rights. At the same time, some methods States use to suppress armed groups and terrorism also raise human rights concerns.

4. Impunity

18. Laws that are consistently breached without consequences are unlikely to be respected. This, regrettably, is the case with many international human rights provisions at the national level. Where cases of torture go unpunished, where general amnesty laws allow perpetrators to go free, where “investigations” of excessive use of force drag on without result, where court orders demanding redress for victims of discrimination are not enforced and where economic and social rights cannot be defended in court, human rights law loses its credibility. Though we have made some progress in addressing the worst crimes through new standards and international criminal prosecutions, much remains to be done at the national level to enforce basic human rights guarantees, not least by establishing and defending judicial independence.

5. Democracy deficits

19. The above-mentioned report of the Secretary-General emphasizes the centrality of democracy to the task of building a more secure and prosperous world. And yet even States that practise torture, summary executions and official discrimination claim to be democratic. Human rights standards must underpin any meaningful conception of democracy, so that physical integrity is protected and freedoms of participation, elections, assembly, association, opinion, expression and information are guaranteed. True democracies allow dissent and opposition and safeguard the rights, interests and “voice” of minorities, women and vulnerable, disadvantaged and marginalized groups. Where these freedoms are denied, real democracy is absent. Giving effect to democratic principles necessitates the peaceful transition of power, an active and vibrant civil society, human rights defenders, free and responsible media, and effective judicial and independent oversight mechanisms. It also requires the building of strong laws and institutions of democratic governance, including parliaments.

6. Weak institutions

20. We could go some way towards improving respect for human rights if, to quote the Universal Declaration of Human Rights, people would “act towards one another in a spirit of brotherhood” (see General Assembly resolution 217 A (III), article 1). The protection of human rights requires more, however, and ultimately depends on effective institutions, primarily in government. Courts, police, tribunals, parliaments, national human rights commissions, oversight and inspection bodies and many others all provide the means through which human rights guarantees can be enforced. In many cases, these institutions, especially in the justice and security sectors, are weak, inefficient or corrupt — and too often, a combination of all three.

21. These six challenges are, of course, interrelated. The poor as a group are discriminated against wherever they are found, including in affluent countries. Impunity may arise by design, as an official policy, or by default, when inefficient justice systems prove inadequate to provide redress for individuals. Democracy is undermined by poverty, discrimination and weak institutions. In countries in conflict, it is difficult to establish strong and fair justice systems. Terrorism creates public tolerance for discriminatory repression; aggressive counter-terrorism often seeks to circumvent (and therefore undermine) judicial guarantees.

B. The implementation challenge: closing the gap

22. Member States have entrusted the High Commissioner with the task of promoting and protecting the effective enjoyment of human rights. The Universal Declaration of Human Rights imposes obligations on all Member States, and all of them have made specific commitments under one or more of the United Nations human rights treaties. It is also clear that the primary responsibility for implementing human rights lies with Governments. It is through action at the national level that international human rights obligations can be translated into reality.

23. What, therefore, are the gaps at the national level that stand in the way of implementation? OHCHR experience suggests that in grappling with implementation, four distinct gaps need to be addressed, as described below.

1. The knowledge gap

24. To turn the obligations to respect, protect and fulfil human rights into reality requires an understanding of the best way to do so through law and policy. Of course, political will is crucial. There will be different options for addressing many human rights problems, and the authorities may need an appreciation of those options and informed analysis of which combination of law, regulation and policy is best suited in their circumstances to address the problem. Even when a way forward seems clear, decision makers will benefit from comparative experience and lessons learned elsewhere.

25. There is a good deal of knowledge available, including United Nations material, to assist Governments and other actors at the national level, but there are also gaps. A greater attention must be paid to the knowledge gap. OHCHR must find ways to fill it and work with others to do so.

2. The capacity gap

26. Even where the course of action is clear, it will not materialize if there are significant capacity gaps — a lack of human, financial or other resources. Each country, whatever its material situation, can take numerous steps to respect and protect human rights. The full implementation of human rights, however, requires significant resources, and less developed countries will face difficulties, not least as regards strengthening national institutions, such as courts. Implementing rights also requires trained and expert personnel, as well as specialized government departments.

27. OHCHR can play a greater role in advocating for greater international cooperation. It can also assist Governments in identifying their capacity needs and, through its technical cooperation programme, help to build capacity to address human rights problems.

3. The commitment gap

28. No amount of policy analysis or marshalling of resources will suffice where Governments lack the commitment to reform or to redress a pattern of abuse. Commitment gaps are of two types: where a Government remains determined to pursue a course of action that infringes its international human rights obligations, or where a Government admits the infringement but fails to make the effort to implement needed reforms. Commitment gaps also arise at the international level, where Governments pursue policies that contribute to human rights abuses in other countries.

29. Whatever the specific problem — inertia, apathy or hostility to the human rights prescription itself — the clear task of the United Nations is to remind Governments of their obligations and, through an appropriate combination of dialogue, assistance and advocacy, to assist them in realizing the required reform. The primary responsibility in this regard lies with the supervisory bodies established by Member States. The High Commissioner is also tasked with entering into dialogue with Governments and suggesting ways of overcoming obstacles to the realization of human rights.

4. The security gap

30. A fourth gap arises not from ignorance, incapacity or indifference but rather in situations where Governments or armed group leaders deliberately pursue policies directly threatening personal security through repression, intimidation and violence, ordering, condoning or tolerating political killings, massacres, disappearances, wilful destruction of civilian property, denial of essential medical and foodstuffs, torture, forced displacement and famine, or systematically depriving targeted minority groups of their rights. In such situations, most often linked to armed conflict, violations of human rights reach the state of acute crisis and call for a commensurate protective response.

31. The Secretary-General has made specific proposals regarding Security Council action to prevent genocide and crimes against humanity. Short of the use of armed force to protect individuals in these and situations of lesser gravity, much can and should be done to enhance protection, including through the deployment of human rights officers. OHCHR can play an important role in this regard.

32. Of course, these gaps are not exclusive. In most countries, obstacles to implementation combine some element of at least the first three gaps. To tackle these issues and the challenges outlined above, we must be bold, even as we choose tailored responses that address implementation gaps in ways that ensure that all relevant actors — Governments, United Nations human rights bodies, and the High Commissioner — fulfil their responsibilities.