Summary: 23 November 2009, New York – Explanation of Vote on behalf of the European Union by the Permanent Mission of Sweden to the United Nations, 64th Session of the General Assembly Third Committee, draft resolution L.49 GA64: Human rights and cultural diversity
Mr. Chairperson,
I have the honour to speak on behalf of the EU.
The following countries align themselves with this statement:
The candidate Countries Turkey, Croatia*, the former Yugoslav Republic of Macedonia*, the Countries of the Stabilisation and Association Process and potential candidates Albania, Montenegro and the EFTA Countries Iceland, Liechtenstein and Norway, members of the European Economic Area, as well as Ukraine and the Republic of Moldova. In addition, New Zealand, Switzerland and Australia also join us in the following remarks.
The EU has actively engaged in the negotiation of this resolution and with a constructive spirit.
As the EU stated throughout the consultation process, and would like to reiterate once again, it attaches greatest importance to the defence and promotion of cultural diversity, a common heritage of humanity to be preserved.
UNESCO has already clarified that cultural diversity refers to the manifold ways in which the cultures of groups and societies find expression. According to relevant UNESCO instruments and declarations, cultural diversity can be promoted and protected only if human rights and fundamental freedoms, such as freedom of expression, information and communication, as well as the ability of individuals to choose cultural expressions, are guaranteed. Media pluralism, freedom of assembly and association are essential for the expression of cultural diversity, as extensively outlined by UNESCO.
Cultural diversity implies a commitment to human rights and fundamental freedoms. While the significance of national and regional particularities and various historical, cultural and religious backgrounds must be borne in mind, it is the utmost duty of States, regardless of their political, economic and cultural systems, to promote and protect all human rights and fundamental freedoms of all individuals.
Human rights, which are universal, should never be entangled in any sort of relativism. No room should ever be left to attempts at cultural relativism of human rights. It is with this in mind that the EU proposed to insert a paragraph reaffirming the fundamental guiding prescription set out in the UNESCO Declaration on cultural diversity: “No one may invoke cultural diversity to infringe upon human rights guaranteed by international law, nor limit their scope”. The EU fails to understand why this proposal could not be accommodated.
The EU is also very concerned about the reference made a number of times in the draft resolution to “universally accepted human rights”. This wording could lead to misinterpretations and imply that there could be human rights which are not universal. Such an assertion is of course unacceptable. The EU regrets the fact that its drafting proposal aimed at avoiding any such misinterpretation has not been retained by the main sponsors. The EU wishes to stress that its proposals are agreed language in many resolutions, in particular resolution 10/23 of the HRC adopted in March 2009. The wording “universally accepted human rights” had then, for the very reasons put forward by the EU, been withdrawn in the course of the negotiations.
The EU also raised concerns at a number of other paragraphs in the draft resolution, notably PP9 which refers to an event from two years ago which was held outside the UN framework and pertains only to a group of States.
We are very disappointed to be confronted today with a draft text in which none of our concerns, and associated proposals, have been taken on board by the main sponsors.
For these reasons, the EU is not in a position to join consensus on this draft resolution. The EU calls for a vote on L.49 and will vote against.
* Croatia and the former Yugoslav Republic of Macedonia continue to be part of the Stabilisation and Association Process.
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