Summary: November 7, 2001: Human rights questions: Implementation of human rights instruments. Statement on behalf of the European Union by Ms Birgit Stevens, First Secretary at the Permanent Representation of Belgium to the United Nations (New York)
Mr. Chairman,
I have the honor to address you on behalf of the European Union on agenda item 119(a): "Implementation of human rights instruments". The countries of Central and Eastern Europe associated with the European Union Bulgaria, Czech Republic, Estonia, Hungary, Latvia, Lithunia, Poland, Romania, Slovakia, Slovenia, Cyprus, Malta and Turkey endorse this statement.
Mr. Chairman,
The European Union wishes to reaffirm its commitment to the primacy of law in international relations. It is determined to promote democracy and to strengthen the rule of law and respect for all internationally recognized human rights and fundamental freedoms. The European Union sees universality of human rights, as reaffirmed by the World Conference on Human Rights in Vienna in 1993, as the central principle guiding its action. The EU recognizes the world's diversity, which is a source of
wealth for all humankind. But regardless of differences in culture, social background, state of development or geographical region, human rights are inalienable rights of every person. Governments should not use the principle of national sovereignty as a means of absolving them from their obligations to respect human rights. The European Union is determined to pursue its action to improve the implementation of the principles and provisions embodied in human rights instruments, in particular the
Universal Declaration of Human Rights and the key human rights instruments. The EU stresses that all human rights, be they civil and political rights or economic, social and cultural rights, are universal, indivisible, interdependent and closely interrelated. The exercise of economic, social and cultural rights cannot be a pre-condition for the application of civil and political rights. At the same time, it must be recognized that human rights and fundamental freedoms, democracy and development
complement each other. Respect for human rights contributes to peace and stability.
The European Union welcomes the fact that a number of delegations have responded the appeal launched by the UN Secretary-General at last year's Millennium Summit and again this year to sign and ratify the instruments to which their countries are not yet party. The Union appeals to States not to falter in their efforts.
Mr. Chairman,
After signing, the second decisive step towards applying treaties is ratification. But that is not enough. Once ratified, human rights instruments have actually to be implemented and be given palpable form at national level. It falls to each government to take all necessary steps to ensure that the obligations embodied in the texts are fully implemented.
The European Union deplores the large number of reservations made to human rights treaties. It would remind all States of their obligation not to make any reservations that are incompatible with the aim and purpose of those instruments. EU Member States regularly review the acceptability of reservations made to treaties and, in certain instances, they have felt it necessary to raise objections to them. They also keep their own reservations under constant review with the aim of withdrawing them
and they urge other States to follow suit.
Mr. Chairman,
The European Union is convinced that the abolition of the death penalty contributes to strengthening respect for human dignity and to the progressive development of human rights. The European Union has therefore pledged to oppose the death penalty wherever it may be applied with the ultimate aim of securing its abolition. The EU welcomes the recent signatures and ratifications of the Second Optional Protocol to the International Covenant on Civil and Political Rights and calls on all States
Party to the Covenant plan to ratify it as soon as possible.
The European Union is deeply concerned that in many cases where capital punishment has not yet been abolished it is often applied in flagrant breach of international standards guaranteeing protection of the rights of those facing the death penalty. The EU asks the government of all States in which the death penalty has not yet been abolished to fulfill their obligations under the relevant provisions of international human rights instruments, taking into account the Safeguards Guaranteeing
Protection of the Rights of Those Facing the Death Penalty, approved by the Economic and Social Council in 1984. It welcomes the fact that many countries that still retain the death penalty in their criminal law are applying a moratorium on executions, and it calls on all States, which have not yet done so to follow suit. It urges all States, which have not yet abolished capital punishment progressively to reduce the number of offences liable to the death penalty and to ensure that it is
imposed for the most serious crimes only.
Mr. Chairman,
International human rights instruments lose their relevance if they do not live and grow. In this connection the European Union applauds the adoption of the two Optional Protocols to the Convention on the Rights of the Child, one on the involvement of children in armed conflict, the other on the sale of children, child prostitution and child pornography. The EU sees the mechanisms for seeking individual redress as an encouragement to the States Party to fulfill their obligations towards
individuals. The EU welcomes in this connection the entry into force of the Additional Protocol to the CEDAW Convention and urges all States to accede to it. The European Union is aware of the need to enhance the full implementation of economic, social and cultural rights. It notes the recent appointment by the Chairman of the Commission on Human Rights of an independent expert to examine the issue of a draft Optional Protocol to the International Covenant on Economic, Social and Cultural
Rights. The EU will be interested to read the report to be submitted by the independent expert to the 58th session of the Commission on Human Rights. The European Union supports the working group tasked with drawing up an optional protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. It trusts that the group's proceedings will lead rapidly to a definitive text with real impact.
The European Union attaches immense importance to the States Party fulfilling their obligations under human rights treaties. It knows that for many States compliance with those obligations represents a heavy burden. Nevertheless the European Union calls on all States to submit their reports to the committees designated under the various conventions within the prescribed deadlines. It would also stress that a central aspect of the obligations of States Party to human rights instruments is to
take on board the comments of conventional mechanisms. At the same time the EU is worried that the committees are examining reports with considerable delay. It believes that the mechanisms put in place for monitoring treaties must be adequately resourced in both human and financial terms. It is also vital that they should link together smoothly and fit coherently into the United Nations' general human rights structures. More generally, the European Union is aware that there is a pressing need
to consider ways of improving the system's operation.
Mr. Chairman,
The Member States of the European Union wish here to reaffirm their commitment to and their support for the United Nations' work and the mechanisms established in the sphere of human rights, mechanisms which comprise the monitoring bodies set up by the treaties and the extra-conventional mechanisms (country or thematic special rapporteurs and representatives). They reiterate their commitment to comply fully with their obligations in this regard and call on the other States to do likewise.
Thank you.
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