Address by the President of the Republic of Slovenia at the 8th session of the Human Rights Council

Geneva, 2.6.2008  |  speech

Address by Professor Danilo Türk, President of the Republic of Slovenia, at the 8th session of the Human Rights Council
Geneva, 2 June 2008
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Mr President of the Human Rights Council,
Mme. Louise Arbour, High Commissioner for Human Rights,
Distinguished Members of the Council,
Distinguished representatives of non-governmental organizations,
Ladies and gentlemen,

It gives me great pleasure and a sense of privilege to have the opportunity to address the Human Rights Council today. As one of many who have for decades followed the work of the Council's predecessor, the Commission on Human Rights, and as somebody who had the opportunity to participate in a variety of the Commission's working organs in the past, I am pleased to see the progress made and the vigour with which the Human Rights Council is addressing its complex agenda. I am also pleased to see that the Council is tackling its substantive tasks directly, while developing its working methods in parallel. This is a good beginning. Obviously, there are challenges on the path of making the Council an effective institution and the amount of work is daunting. But the UN is not at its beginning and we must draw inspiration from the experience which already exists.

This year the world is celebrating the 60th anniversary of the Universal Declaration of Human Rights, a fundamental instrument of the entire work of the UN in the field of human rights and one of the greatest documents of the entire human history. Its message and content continue to guide us. The Universal Declaration is defined as »…a common standard of achievement for all peoples and all nations…«. The questions regarding the level of the actual achievement and on the nature of the problems at hand are therefore permanently on the agenda. In addition, an anniversary like the one celebrated this year calls for identification of those basic principles of the Declaration which deserve emphasis in our time and the basic tasks ahead.

Allow me therefore to make some observations in this regard.

The most basic message of the Universal Declaration of Human Rights is in its spirit of optimism. The Declaration was adopted soon after the ending of World War II, at the time when ideological divisions were deep and cold war tensions were high. Sceptical voices of the time spoke of cultural differences which make universality of human rights difficult to attain. Nevertheless, the UN took an optimistic approach, based upon the faith in dignity and worth of human person, and the Declaration was adopted.

The concept of universality of human rights, enshrined in the Declaration, can be understood and made effective only in conjunction with the spirit of optimism, which must not be allowed to wane. Obviously, in 1948, human rights were far from the ideal of universal adherence. But today, sixty years later, the world is closer to that ideal and has every reason to believe that further progress is possible.

Progress, on the other hand, involves a variety of requirements. Two of them seem preeminent: First, removal of misinterpretations, and second, realism in the implementation.

It is necessary to reject the notion that human rights were brought to the international arena as an expression of the desire of the West to dominate the World. In fact, the Universal Declaration of Human Rights was prepared by a generation exhausted by war and came as a result of the need of the West to save itself from its own vices – totalitarianism, racism and unbridled sovereignty of undemocratic states – which have paved the way to World War II. Firewalls needed to be created against those vices and human rights were essential in this context. And for human rights to be effective, they needed to be recognized as inherent in all human begins, equal and, yes, universal. Universality of human rights is a contribution of a war-weary generation to the well being of succeeding generations and its value is undiminished. If anything, the world has learned that systematic violations of human rights – committed anywhere, including in the West - represent a threat to human rights and peace everywhere. Let us then make sure that such violations are effectively prevented wherever they start to occur. This will be the best way to give real and contemporary meaning to the optimism of the Universal Declaration.

The second basic requirement of human rights is realism in the implementation. While optimistic, the Universal Declaration is also a realistic document, which recognized the complexity and long-term nature of the effort needed for the realization of human rights. A good example of realism is expressed in Article 28 of the Declaration, providing that:

»Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized«.

It was thus recognized that there is a long way to go between the proclamation of human rights and their full realization and that the path leads through an adequate social and international order. The question of what constitutes such an order and how one ensures an adequate balance between various human rights – civil, political, economic, social and cultural is obviously not a simple one and the search for answers necessarily takes time, even in ideal political circumstances. Policy making calls for the setting of priorities and putting them in a proper context. At a given time and place some rights might seem more important than other. However, it is vital for the policy makers not to lose sight of the whole and they need to actually use all the opportunities which will ensure progress. This is particularly important at the global level, in a body like the UN Human Rights Council.

Obviously, human rights policies have always had to be carried out in a social, economic and political context. The relationship between the individual and the community is important and so is the relationship between the individual and a variety of his/her social groups within which the individual lives his/her daily life. Human rights are rights of individuals, they have to be. Only a firm status of the individual, defined in terms of human rights, can protect the individual against the oppression of the group or of the society as a whole. But no individual lives in a vacuum. His/her »right to belong« is essential for the realization of his/ her rights. The »full realization« of human rights referred to in Article 28 the Universal Declaration requires careful balancing of collective needs and individual rights and, sometimes, recognition of collective rights.

Legal recognition of the collective needs and their lifting to the level of collective rights has always been among the more difficult tasks, not only because of its inherent, conceptual difficulty. Political sensitivity of collective rights has historically emerged as a formidable problem in human rights standard setting and, consequently, in the implementation of human rights. In light of this circumstance and given the specific history, one must properly appreciate the success of the Human Rights Council, which has done critically important work in the preparation of the text of the Declaration of the Rights of Indigenous Peoples, adopted, finally, by the UN General Assembly last September. This outcome of more than twenty years of work shows how to balance the collective and individual rights, how to protect the legitimate needs of states and, most important, how to express the collective dimension of the human identity of individuals, in this case persons belonging to indigenous peoples, in UN instruments. As such, this declaration will help in all the future efforts to address the collective dimension of human rights.

Another basic dimension of implementation of human rights relates to economic and social development, which to a large extent determines the scope of the achievable at a given time. Here again, there must be no doubt about the primacy of individual's human rights. However, the full realization of a right such as the right to fair trial requires investment in the judiciary - and that depends on economic and social factors. In this context, the Declaration on the Right to Development, adopted in 1986, more than twenty years ago, offered a framework for policy making and for further normative development. The Vienna Declaration and Program of Action of 1993 have proclaimed the right to development as universal and as an integral part of human rights. The Working Group on the Right to Development, the High Level Task Force and the High Commissioner on Human Rights have already done some important work in linking individual's human rights and development into a meaningful process of policy – making. This work should be energized and the Human Rights Council is an essential venue for this effort.

Ladies and gentlemen,

General issues such as these are reflected in the work of this Human Rights Council, which has indeed successfully managed its process of institution-building and now has the necessary tools at its disposal to address all the relevant thematic and situation-specific questions. The Council has successfully designed its system of special procedures, which have to be preserved in their integrity, efficiency and independence. I need not stress the importance of these procedures, which are accepted as essential tools to assist those in need – the victims of violations of human rights. In addition, they also help the policy makers and the UN system as a whole – with insights, with analysis and, sometimes, with specific recommendations.

Another key element in the Council's structure and method, the universal periodic review of human rights, has also started to work. This is an important innovation in the system. If properly developed, it could ensure the necessary even-handedness and non-selectivity of consideration of human rights situation in all the UN member states. At the same time it is important not to expect from it too much. The universal periodic review cannot be a solution to all problems: victims cannot wait for years to have an urgent situation addressed. The universal periodic review has to be seen in conjunction with other mechanisms.

In this context, the universal periodic review can make a major contribution to the implementation of human rights in several directions.

First, it can develop appropriate techniques of measuring progress in member states by engaging in a bona fide dialogue with the state concerned regarding the efforts to attain the benchmarks set by the state itself. In other words, the universal periodic review is not a substitute for the work of treaty bodies in the field of human rights, but rather an instrument helping all states in an honest self-evaluation.

Second, the universal periodic review has the potential to enrich the understanding of the full range of issues of implementation of human rights in concreto and can thus contribute to a more comprehensive interpretation of human rights standards in the specific circumstances of the state concerned. Obviously, this effect can be achieved only if states provide sufficiently complete information and if the issues are properly discussed with the NGOs and within civil society at large.

Third, the credibility of the universal periodic review will be enhanced if the dialogue continues after the meetings in Geneva. States can actually profit both from thorough preparations of their reports and a meaningful follow up.The process as a whole would provide an opportunity of evaluation and help designing policies within UN member states in response to the genuine needs of their citizens.

The universal periodic review thus offers an important opportunity that can be of help to all UN member states. Let us hope that this opportunity will be used.

On the other hand, the Human Rights Council needs to remain engaged in situations involving emergencies and requiring immediate action to stop massive and flagrant violations of human rights. Seen in a historical perspective, one needs to recognize that some of these situations persist for a very long time, while the new ones emerge more often than anticipated. All of them are usually characterized by differences in opinion among UN member states - both with respect to the nature of the problems at hand and to the necessary remedies.

One has to be realistic in the judgment on how much the Human Rights Council can achieve on its own. The occupied territories of Palestine require a concerted international effort to secure peace and end the occupation. This alone can provide a stable basis for the full realization of human rights of the people of Palestine. In Darfur, on the other hand, international action will require exercise of international criminal justice together with other measures to be decided by the UN Security Council. International sanctions of one kind or another cannot be excluded. Other situations may require yet other measures, mostly outside the scope of action of the Human Rights Council.

Situations such as these also demonstrate that the responsibility of states to protect people and avoid or prevent massive human rights violations is as relevant as ever. The emerging international principle of responsibility to protect gives the fullest meaning to the concept of state sovereignty. No longer understood only as a right, sovereignty includes the awareness of responsibility of states to prevent humanitarian disasters and massive human rights violations, to protect people in distress and to engage in rebuilding of war-torn societies and societies devastated by natural disasters. Responsibility to protect may include, in extreme cases and as the last resort, also the use of military means. However, its emphasis rests with protection of and assistance to people in the most adverse situations.

Other examples where the Human Rights Council will have to cooperate with a variety of UN bodies and other international actors relate to issues such as climate change or the food crisis which have serious human rights consequences. It is necessary for the appropriate methods of cooperation to be established soon.

In this as well as in other areas civil society initiatives will be valuable allies to the Human Rights Council. There is a growing potential in the civil society organizations in the field of human rights. This is important to recognize, in particular in our era when human rights are not always given the kind of priority they deserve. Efforts such as “Every Human Has Rights” campaign which brought together a large number of civil society organizations and other actors are particularly valuable because they promote not only the values of human rights but also responsibilities of each individual to make human rights a reality. They represent an important ally to the Human Rights Council in a variety of its endeavours.

The era of implementation of human rights in which we live is characterized with a wide range of needs and has put before the UN a set of tasks of unprecedented magnitude and complexity. The need for assistance of the UN, in particular in the fields of analysis and policy advice, is constantly growing. This requires a capable and properly staffed Secretariat. In retrospect it becomes clear that the decision adopted at Vienna Conference on Human Rights fifteen years ago to establish the Office of the High Commissioner for Human Rights belongs to the wisest decisions taken by the UN. I wish to pay tribute today to the dedicated women and men working in the Office of the High Commissioner and all those members of the Secretariat who through the years have contributed so significantly to the expansion and success of the UN action in the field of human rights. Moreover, the Office of the High Commissioner has also developed, in accordance with the relevant mandates, its role as a credible and objective voice on human rights issues. I applaud the High Commissioner, Justice Louise Arbour, who has been serving humankind with great effectiveness, objectivity, dignity and charm. The fruits of her work are here for us all to see and they represent a firm basis for the future progress in the implementation of human rights.

In human rights, as in any other field of work, every accomplishment represents also a new beginning. The work done so far by the High Commissioner and by the entire UN system will have to continue. More and more work will have to be done in the field, as the experience of the past years has clearly shown. Implementation of human rights is a one way street which will never end. No member state of the UN is perfect, or is ever likely to be. Persistence and long-term vision of human rights work will continue to be needed. And new challenges will continue to require new answers.

Prevention of discrimination on the grounds of ethnicity, gender or sexual orientation continues to require new and real solutions. This is necessary to uphold the principle of universality of human rights for all. Particular attention needs to be given to the vulnerable and marginalized groups, to migrant workers, to asylum seekers and all others whose right not to be discriminated against is violated.

The threat of terrorism continues to be a challenge. Victims of terrorist attacks are victims of human rights violations and have to be protected. But innocent victims of error in counterterrorism activities require attention and, in some cases, protection as well. The Human Rights Council is very well aware of that and has in 2006 decided that measures taken to combat terrorism must comply with international law, in particular human rights law, refugee law and humanitarian law. This was a much needed pronouncement. Now, it appears that it would be useful to establish direct communication between the Human Rights Council and the Security Council and its bodies in the field of counterterrorism and in this manner help ensuring that anti-terrorism measures do not harm human rights.

Ladies and gentlemen,

The creation of the Human Rights Council was an important act of the UN reform. Let us be aware of its importance and let us do our utmost to make the Council a success. Obviously, success in human rights requires many things. Above all, it requires real solutions to real problems and real assistance to real people, in particular the victims of human rights violations. It also requires cooperation – among states and between states and non-governmental organizations and within the civil society at large. Success will also enhance the legitimacy of the UN system as a whole and will give the Human Rights Council a proper role, as suggested by the Secretary-General in his visionary report of 2005, entitled »In Larger Freedom«: a role of one among the three pillars of the »three council structure« - the Security Council, the Economic and Social Council and the Human Rights Council. Obviously, we are not yet near the realization of that vision. But the UN has traveled a long way in its action for human rights. There is no reason to lower the ambition level. Quite to the contrary, the evolution of societies and the process of global improvement will require more human rights work, not less.

Thank you for your attention.