Summary: April 16, 2002: Statement of the European Union at the 58th Session of the Commission on Human Rights (18 March-26 April 2002). Agenda Item 4: "Report of the United Nations High Commissioner for Human Rights and follow-up to the World Conference on Human Rights" (Geneva)
Mr. Chairman,
1. I have the honour to address the Commission on behalf of the European Union on Agenda Item 4 entitled "Report of the United Nations High Commissioner for Human Rights and follow-up to the World Conference on Human Rights".
2. The European Union has appreciated the introduction of the High Commissioner´ s report under Item 4 of the Agenda, which is being studied carefully. She has been right in pointing out that June 2003, practically a year from now, will mark the tenth anniversary of the Vienna Declaration and Programme of Action. It will be an opportunity to reflect about how the international community has implemented them and also to assess the important work carried out by the Office of the High Commissioner
for Human Rights.
3. The Report of the High Commissioner raises important questions regarding the aftermath of the tragic events of the 11th of September. Since the Extraordinary Council of the European Union of the 21st of September, the Union has recalled that the fight against terrorism must be carried out with full respect for human rights and fundamental freedoms that are the basis of our common civilisation. The European Council of Laeken on the 15th of December, 2001, reaffirmed that the fight against
terrorism must be carried out in full respect of individual rights and freedoms. The General Affairs Council held in Brussels on the 11th of March recalled the attachment of the European Union to the permanent duty of all States to protect and promote human rights, fundamental freedoms and humanitarian law and to comply with international engagements subscribed on these matters. The Council took special interest in reaffirming its full conviction, especially after the tragic events of last
September, that the fight against terrorism must respect human rights and the rule of law. We also agree with the assertion in the Report of the High Commissioner that the promotion and protection of human rights is central to an effective strategy to counter terrorism and that the principles of proportionality and necessity must apply under any circumstance.
4. Acts of terrorism do not constitute human rights violations. They are in any circumstances unjustifiable crimes, whatever the consideration of a political, philosophical, ideological, racial, ethnic, religious, or other nature that may be invoked to justify them. Prevention of human rights violations and of conflicts is essential and the international community should be effective in implementing prevention strategies. But no consideration of the root causes of acts of terrorism can ever
justify them. They constitute a threat to international peace and security and need to be combated vigorously, in accordance with the Charter of the United Nations. Resolution 1373 of the Security Council, in its binding character, is a milestone in the fight against terrorism.
5. The European Union, as expressed in the Istanbul OIC-EU Joint Forum Statement of 12-13 of February 2002, together with candidate countries to EU membership, believes that there is a growing consciousness of the need to discuss and attempt to better understand the differences in perceptions, values and interests, as well as to promote tolerance and appreciation for cultural diversity. We are all committed to protect and improve the common heritage of mankind and the shared values of different
cultures and to enhance tolerance, dialogue and co-operation within and among nations and peoples. Initiatives such as the Global Agenda on Dialogue Among Civilisations and the Barcelona Process are important steps in this direction. The High Commissioner referred also to the Madrid Consultative Conference on School Education in relation with Freedom of Religion and Belief, Tolerance and Non-Discrimination as a significant event to promote those important goals.
6. The European Union attaches the greatest importance to the full respect of the 1951 Convention relating to the Status of Refugees and its 1967 Protocol and lends its full support to the Office of the High Commissioner for Refugees (UNHCR). Article 1F of the Convention, as has been stressed by the UNHCR, excludes from refugee protection persons with respect to whom there are serious reasons for considering that he or she has committed serious non-political crimes, which are commonly
interpreted to include terrorist acts. As stressed in Resolution 1373 of the Security Council States must ensure in conformity with international law, that refugee status is not abused by perpetrators, organisers or facilitators of terrorist acts and that claims of political motivation are not recognised as grounds for refusing requests for the extradition of alleged terrorists. Both provisions are compatible and mutually reinforced. The European Union believes that no action by States should
go against or in anyway weaken the principle of non refoulement provided for in the Convention. The 1951 Convention and its Protocol continue to be of the utmost importance to ensure protection of refugees and the European Union calls for their continued respect and the effective implementation of their provisions, as well as for the promotion and protection of the rights of refugees.
7. There are many other important issues relevant to the work of the Office of the High Commissioner and have been raised in her reports. The new Medium-Term Plan for 2002-2005 for the Office reiterates its mandate, that stems directly from Vienna, and includes furthering the promotion and protection of civil and political rights, increasing recognition and implementation of economic, social and cultural rights, promoting the right to development, improving the treaty monitoring and special
procedures systems, helping states implement human rights plans of action at the national level, designing preventive strategies, integrating the rights of women and children into the UN system, developing effective measures to combat racism, and conducting an education and public information programme. The Treaty Bodies and the special procedures are the main pillars of the United Nations human rights programme. We are all aware, as has been recognised by the Office of the High Commissioner,
of the difficulties many of the mandate holders experience in the discharge of their mandates. We encourage the Office to redouble its efforts to improve its servicing of these mandates. To accomplish this fully the European Union expresses its wish that all necessary financial and human resources should be assigned to the Office. Its core functions should be financed from the U.N. Regular Budget and resources should be increased to allow the Office to perform its mandate. Indeed, strengthening
the Office´ s core support functions and the mainstreaming of human rights should remain at the forefront of the High Commissioner´ s strategy.
8. One of the crucial elements in the realisation of the objectives of the Vienna Conference, which is the universal ratification of international human rights conventions and their implementation, remains a matter of concern. The European Union firmly believes that ratification and implementation of these conventions are important steps towards combating impunity for human rights violations. And we agree with the High Commissioner that the coming into force of the Rome Statute of the
International Criminal Court will strengthen the capacity of international law to respond to impunity. The European Union desires the early entry into force of the Rome Statute.
9. The Report of the High Commissioner refers to the initiatives that the Office has embarked on to address specific human rights needs of various regions. Technical co-operation programmes are essential in many countries to build sustainable national human rights capacities and infrastructures and can play a basic role in building a culture of prevention.
Mr. Chairman,
10. As expressed in the Report of the High Commissioner, respect for human life and respect for human dignity are values shared by all cultures and religions. Over the last 50 years, States have successfully translated these values into comprehensive universal norms. The European Union is as committed as ever to ensure the effective promotion and implementation of those norms and standards under any circumstances. And it will continues to give proof of this commitment and to support the work of
the Office of the High Commissioner.
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