Summary: October 30, 2002: Statement by Ole E. Moesby, Minister, Deputy Permanent Representative of Denmark to the UN, on behalf of the European Union, on the Implementation of Human Rights Instruments. FIFTY-SEVENTH SESSION OF THE GENERAL ASSEMBLY - THIRD COMMITTEE: Item 109 (a) (New York)
Mr. Chairman,
I have the honour to speak on behalf of the European Union. The countries of Central and Eastern Europe associated with the European Union - Bulgaria, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia, Slovenia and the Associated Countries - Cyprus, Malta and Turkey, as well as the EFTA countries of the European Economic Area - Iceland and Norway align themselves with this statement.
Responsibility
Mr. Chairman,
We are all aware, that violations of human rights happen in every region of the world. We are all affected and we must all do our best to address such violations, first and foremost at the national level where the violations take place and their impact is felt directly.
The obligation to respect human rights is unconditional. Human rights belong to each and every person no matter what he or she may have done, no matter what crime they may have or are believed to have committed.
11 September last year in the United States, 12 October this year in Bali and last week in Moscow reminded all of us that security and democracy can never be taken for granted, but must be defended actively and ceaselessly. The European Union reaffirms its unequivocal condemnation of all acts, methods and practices of terrorism. The European Union believes that efforts to combat terrorist acts should respect human rights and fundamental freedoms and humanitarian law, and that the fight against
terrorism should be carried out in accordance with international human rights law as defined in the relevant instruments.
Implementation
Mr. Chairman,
The promotion and protection of human rights is the primary responsibility of every government. But as members of the international community, States also have the responsibility to monitor the human rights situation of all people and to assist other states in ensuring respect for human rights.
International concern and protection are called for when there are substantial reasons to believe that human rights are not being addressed. In such situations international protection may be provided by expressions of concern in relevant international forums, be it through statements, resolutions or otherwise. Such international reactions are intended, and should always be seen, as a means to assisting the victims and the state involved in reconciling situations where human rights are
at stake. They are neither hostile nor unfriendly acts.
When reliable reports point to serious violations of human rights and fundamental freedoms, which have not been effectively redressed at the national level, it is not only legitimate for the international community to react, it is in the interest of all parties concerned. This should not be construed as finger-pointing, but rather as a hand extended to those in trouble and an invitation to mutual cooperation.
The international community has adopted an impressive set of international legal instruments for the protection of human rights. At the regional level human rights conventions have been adopted in Africa, the Americas and in Europe. Globally we have of course the United Nations human rights conventions. Regrettably they have not - yet - achieved universal adherence. It is perhaps particularly regrettable that while torture is universally condemned, the Convention against Torture is nevertheless
the one of the six major human rights conventions with the fewest States Parties. The European Union urges all states, which have not yet done so to, give very positive consideration to ratifying or adhering to all the six conventions and their optional protocols.
All human rights conventions have established procedures for monitoring respect for human rights through a reporting system for States parties. In addition most human rights conventions or their optional protocols have established individual complaints procedures and inter state complaints procedures. These are very important means to identify, prevent and redress violations of human rights. The European Union urges all States parties to these conventions, which have not yet done so, to
consider recognizing the competence of the various treaty bodies to examine individual and inter state communications and to give active and due consideration to implementing treaty monitoring bodies' recommendations.
The Commission on Human Rights has established a number of special rapporteurs, working groups and other mechanisms to monitor developments with regard to various human rights issues and situations. It is essential that all states extend their full co-operation to these mechanisms. No State should refuse to admit or co-operate fully with these mechanisms. Let me reiterate that the countries of the European Union are ready to co-operate with the human rights mechanisms and are prepared to
receive them should they request invitations to visit, as they have already proven. We call upon other states to do the same.
New instruments
Mr. Chairman,
What we need is first and foremost the determination, the courage and the ability to ensure respect for the existing body of specific obligations in the human rights instruments. But we must also be open to new initiatives, which can enhance the respect for human rights. That is why the European Union warmly welcomes a number of initiatives to draw up and adopt new legal instruments, which will be of great value in improving the protection of human rights.
The Commission on Human Rights has requested an intersessional working group to prepare a draft legally binding normative instrument for the protection of all persons from enforced disappearance.
Any enforced disappearance is an affront to human dignity. Such disappearances represent multiple and continuing violations of many human rights, some of which may already be protected in various instruments, others, which may need further international regulation. The European Union therefore welcomes this initiative.
Last year the General assembly adopted resolution 56/168 which established an Ad Hoc Committee to consider proposals for a comprehensive and integral international convention to promote and protect the rights and dignity of persons with disabilities.
It is obvious to all of us that persons with disabilities often face discrimination. The object of the deliberations in the Ad Hoc Committee must therefore be to ensure the equal and effective enjoyment of all human rights by persons with disabilities. The European Union remains committed to achieve this goal.
The European union recalls that, in accordance with the Universal Declaration of Human Rights, the ideal of free human beings enjoying freedom from fear and want can be achieved only if conditions are created whereby everyone may enjoy his or her economic, social and cultural rights, as well as his or her civil and political rights.
The European Union is prepared to take active part in the open-ended working group to be established by the Commission on Human Rights at its 59th session with a view to considering options regarding the elaboration of an optional protocol to the International Covenant on Economic, Social and Cultural Rights.
Mr. Chairman,
We have before us a draft resolution, submitted by Costa Rica, enabling the adoption of the Draft Optional Protocol to the Convention against Torture.
The time has come - indeed it is long overdue - to take more radical steps to eradicate torture. One such step will be the adoption of the Draft Optional Protocol to prevent torture by providing for ex officio visits to places of detention and other places where torture and other cruel, inhuman or degrading treatment or punishment may take place. Once in effect this Protocol is likely to become a very effective tool in preventing torture worldwide. We strongly urge all delegations to
support the adoption of the protocol, and we invite States Parties to the Convention against Torture to become parties to this important instrument once adopted.
Let me finally, Mr. Chairman assure the General Assembly of the firm commitment of the European Union and its member States to ensure respect for human rights and support for the global and regional, legal and other instruments adopted to this end. We expect other States to do likewise.
I thank you for your attention.
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