53rd Session of the General Assembly Agenda Item 46

"FIFTIETH ANNIVERSARY OF THE UNIVERSAL DECLARATION OF HUMAN RIGHTS"

Statement by H.E. Ambassador Ernst Sucharipa Permanent Representative of Austria on behalf of the European Union

New York, 10 December 1998

Mr. President,

I have the honour to speak on behalf of the European Union on the 50th anniversary of the Universal Declaration of Human Rights. The Central and Eastern European countries associated with the European Union, Bulgaria, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia, Slovenia and the associated country Cyprus align themselves with this statement.

In many places around the world, representatives of governments and of civil society are coming together today to assess how far we have come during the fifty years since the adoption of the Universal Declaration of Human Rights, and to identify priorities for the years to come. The 50th anniversary is a time to take stock and to redouble our efforts to implement human rights in all countries of the world. The EU would like to seize this opportunity to reaffirm its commitment to the objective of achieving all human rights for all.

The Universal Declaration of Human Rights is truly a milestone in history; it establishes a common understanding of human rights for mankind and is the first comprehensive international proclamation of the basic rights of the individual. It was the basis for subsequent human rights instruments at universal but also at regional level. For many countries, the Universal Declaration served as guidance in the formulation of national bills of rights. The Universal Declaration is as relevant today as when it was drafted and remains the centerpiece in the edifice built over the last 50 years for the protection and promotion of human rights. In this context, the EU welcomes the adoption of the Rome Statute for an International Criminal Court as a crucial step in combating impunity and calls on all States to sign and ratify the Statute as soon as possible.

The Universal Declaration is based on the fundamental and universal premise that all human beings are born free and equal in dignity and rights. The Declaration establishes clear principles on how governments shall treat men, women and children. It also stipulates that "the will of the people shall be the basis of the authority of government". It entitles everyone to a standard of living adequate for the health and well-being of themselves and their families.

The idea of human rights is simple but it had and continues to have a dramatic impact in history: it has helped to bring down colonialism, apartheid, dictatorial regimes and to end the division of Europe. Democracy and the rule of law are taking root in more and more countries. We have seen unprecedented economic and social progress; even in temporary periods of economic crisis, it is increasingly understood that human rights are not a luxury for the few but a necessity for all. Societies are transforming under the growing recognition that the full and equal enjoyment of human rights by women and girls is essential for the advancement and empowerment of women and for society itself. The almost universal ratification of the Convention on the Rights of the Child is a landmark achievement in the promotion and protection of the rights of all human beings. Today, there is broad agreement that human rights are universal and indivisible, as reaffirmed by the 1993 Vienna World Conference on Human Rights.

Every single state has the primary responsibility for the promotion and protection of human rights. Governments are and need to be held fully accountable; increasingly, individual responsibility of officials for their acts is being established. But the concept of human rights is not a spear directed against states; rather, it has become clear that respect for human rights has long-term benefits for States and those tasked with the responsibility of government. As the Universal Declaration stresses in its preamble, human rights must be protected if man and woman are not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression. Human rights are therefore recognized as an essential element for ensuring stability and preventing conflict.

Still, human rights continue to be violated in all parts of the world. Even on this very special day people are being denied their most fundamental right, the right to life. No country is free of human rights problems and violations; this, of course, is also true for the Member States of the EU. In assessing the performance of States in the field of human rights, one decisive distinction can be made: between the many democratic governments which are genuinely committed to address and overcome human rights problems and authoritarian regimes, which hold on to power through oppression and persecution.

In countries which made dramatic progress over the last fifty years, the struggle for freedom and human dignity was often led by courageous individuals who stood up against injustice and oppression. They took great risks; many paid a heavy prize. Some of them became well respected political leaders of their countries after years of darkness.

Human rights defenders bring international human rights closer to our attention. Their work is key for ensuring that governments live up to the commitments they have undertaken. They monitor and report; they raise awareness. However, or perhaps for that very reason, there is no day without violations against these human rights defenders. Such practise has to be brought to an end. The international instrument to do so is the Human Rights Defenders Declaration. Its adoption on the occasion of the 50th anniversary of the Universal Declaration is an important step for us governments in recognizing the important role of human rights defenders.

It is first of all a promise and commitment to fully respect the human rights of those men and women who devote themselves, individually or as members of NGOs, to the defense and promotion of human rights. Governments must take this commitment very seriously and intensify their efforts to secure the protection of human rights defenders. The European Union is founded on the basis of the principles and values of the Universal Declaration, guiding both its internal policies as well as its external relations. At this hour, EU-Foreign Ministers, the Presidents of the European Parliament and of the European Commission, as well as representatives of civil society meet in Vienna to commemorate the 50th anniversary. The commemorative event focuses on the achievements of the EU in the field of human rights as well as the challenges still ahead and the importance of human rights in the wider Europe. The EU is determined to ensure respect for human rights in all its actions. In this context the EU has adopted a special

declaration on the occasion of the 50th anniversary, which is meant to initiate consideration of concrete measures for reinforcing the capacity of the EU in the field of human rights. The declaration is annexed to this statement.

We will strive for the strengthening of the international system for the promotion and protection of human rights and are committed to continue to cooperate with international human rights mechanisms. We actively support the work of the High Commissioner for Human Rights. We will continue to seek dialogue with other countries on human rights issues both bilaterally and within the framework of international organisations; we will continue to support governments and civil society, including NGOs, in their efforts in the area of human rights.

December 10 is the culmination of the 50th anniversary year; but the struggle for the fulfillment of the promises of the Universal Declaration must be continued and intensified. We should do so in partnership - between governments and civil society, and among governments themselves. The UN will continue to play a central role in this regard: as a forum for dialogue and for further improvements of international standards; as a forum for scrutiny of the human rights performance of member states and for assisting countries to live up to their human rights obligations.

For human rights to be respected a deeply rooted culture of human rights has to be developed world wide. Education, in particular human rights education, is crucial in this regard. As the Universal Declaration puts it so pointedly: Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. In a world in which everybody knows his or her rights, in a world where governments and individuals are being held accountable for their actions, the chances for human rights to prevail will significantly improve - let us continue to work towards that goal.

Thank you, Mr. President.

ANNEX

DECLARATION OF THE EUROPEAN UNION ON THE OCCASION OF THE

50TH ANNIVERSARY OF THE UNIVERSAL DECLARATION ON HUMAN RIGHTS,

VIENNA, 10 DECEMBER, 1998

A.

On the occasion of the 50th Anniversary of the adoption of the Universal Declaration of Human Rights, the Union recalls the primary importance that it attaches to this Declaration. It constitutes the foundation for national, regional and global policies to advance and ensure human dignity world-wide.

The universality and indivisibility of human rights and the responsibility for their protection and promotion, together with the promotion of pluralistic democracy and effective guarantees for the rule of law, constitute essential objectives for the European Union as a union of shared values and serve as a fundamental basis for our action.

The human being is at the centre of our policies. Ensuring the human dignity of every individual remains our common goal. The full realisation of the rights of women and children deserve in particular to be highlighted as neglect in this respect remains widespread.

The protection and promotion of human rights and fundamental freedoms, for which Governments have responsibility, contributes to prosperity, justice, and peace in the world. However, these goals cannot be realised without the work of international organisations, civil society and individuals.

The Union pledges its continuing support for the further promotion and protection of human rights, in fulfilment of the Treaty on the European Union, the European Convention on the Protection of Human Rights and Fundamental Freedoms and the Declarations of the European Council of Luxembourg 1991 and 1997, and adopts the following Declaration:

B.

I. Since the adoption, fifty years ago, of the Universal Declaration of Human Rights, the Union has witnessed progress in the field of human rights and the spread of democracy throughout the world. At the same time, however, the Union remains aware of threats to progress and the need to strengthen its determination and efforts for the world-wide realisation of all human rights for all.

II. The adoption of the Universal Declaration initiated an irreversible process of awareness-building in civil society on human rights and fundamental freedoms throughout the world. The Declaration constitutes, in particular, the foundation for the subsequent development of an impressive body of important international legal instruments, including the International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights. The 1993 Vienna World Conference on Human Rights reconfirmed the universality and indivisibility of all human rights. The Union calls upon all countries that have not yet done so to become a party to all major human rights treaties.

The implementation of the Universal Declaration and of the other international human rights instruments is of paramount importance for the universal character of the rights laid down therein to become a reality. There can be no valid exemption from the principles enshrined in those instruments through special provisions based on national, cultural or religious considerations. The 50th Anniversary of the Universal Declaration is a time to take stock, and a time to redouble efforts to promote the implementation of human rights in all countries in the world. The Union seizes this opportunity to reaffirm its commitment to realise all human rights for all.

Mindful of the Declaration of the European Council of 28/29 June, 1991, in Luxembourg, the Union recognises and welcomes the achievements since the adoption of the Universal Declaration. The Union feels compelled, however, to deplore the persistence of violations of human rights throughout the world. The Union reaffirms that it is the legitimate and permanent responsibility of the international community and of all States acting individually or collectively to promote and safeguard human rights throughout the world. The Union for its part will continue to take up violations wherever they occur. At the same time the Union welcomes the fact that an increasing number of States work together with the EU on the basis of partnership to promote human rights and to ensure their universality.

During the past fifty years, throughout the world, thousands of women and men have fought for the protection of those values, often paying a heavy toll. The Union pays tribute to their courageous actions that shall inspire the EU in its determination to promote the rights enshrined in the Declaration.

The Union welcomes, in this context, the adoption of a Declaration on Human Rights Defenders by the General Assembly of the United Nations. Individuals and non-governmental organisations throughout the world are making indispensable and courageous contributions to safeguarding and promoting human rights. They need continuing strong support.

III. The European Union, which is founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms and the rule of law, shares the values in which the Declaration is rooted. It is conscious of the need to promote human rights in its own countries. Both internally and externally, respect for human rights as proclaimed in the Universal Declaration is one of the essential components of the activities of the Union. In their activities, the institutions of the Union respect human rights as guaranteed by the European Convention on the Protection of Human Rights and Fundamental Freedoms and as resulting from the constitutional traditions common to the Member States, under the control of the Court of Justice of the European Communities. Equally, Member States are bound by the European Convention and their actions are submitted to the supervision of the European Court of Human Rights. With the entry into force of the Treaty of Amsterdam, respect for human rights and fundamental freed

oms will be a condition for accession to the European Union, and a serious and persistent breach of these rights may lead to the suspension of rights of a Member State.

Moreover, the Amsterdam Treaty will further strengthen the commitment to safeguard and promote human rights and fundamental freedoms, especially by measures against discrimination in a wide range of fields including by strengthening the possibilities of ensuring equal opportunities for men and women. Furthermore, aware of the European Social Charter and the Community Charter on Basic Social Rights of Workers, it defines aims in the field of basic social rights. The European Union in its co-operation in the field of justice and security will also be guided by its respect for human rights.

Respect for human rights and fundamental freedoms is also one of the objectives of the Union's Common Foreign and Security Policy as well as of its development co-operation. The Union pursues this goal both in its bilateral relations with third countries and in the framework of the United Nations and other multilateral fora, in particular the Organisation for Security and Co-operation in Europe, and the Council of Europe.

In pursuit of its policy of promoting human rights in all parts of the world, the Union regularly raises human rights questions in its dialogue with third countries, as an important and legitimate part of this dialogue, and in demarches as well as declarations.

The European Community has included in the agreements it concludes a clause which makes respect for human rights, in particular as contained in the Universal Declaration on Human Rights, an essential element for its agreement to be bound. The Union thus assumes its responsibility for the promotion and protection of human rights as a legitimate concern of the international community, while reaffirming that this protection and promotion remain the primary responsibility of each and every government.

The Union expresses its preoccupation about recent incidents of racism and xenophobia, both within the Union and throughout the world, and will work actively towards achieving meaningful results at the World Conference on Racism. A range of practical measures complement the Union's efforts in these fields; the Union wishes to highlight, in this context, notably the activities of the Vienna Monitoring Centre on Racism and Xenophobia.

The Union has decided this year to reinforce its efforts for the universal abolition of the death penalty as a strongly held policy agreed by the EU. Where the death penalty still exists, the Union calls for its use to be restricted, and demands that it be carried out only in accordance with international safeguards. The Union is also pressing, where relevant, for moratoria to be introduced.

The Union accords high importance to supporting efforts for the promotion of democracy, respect for human rights, the rule of law, and good governance. The Union therefore provides support for a wide range of projects and programmes in these fields throughout the world.

The Union and its Member States are committed to co-operating with international human rights mechanisms at the global and regional levels. The Union actively supports the action of the UN High Commissioner for Human Rights and her activities, especially at the field level. The Union encourages the efforts by the UN Secretary General towards better integrating human rights into the broad range of UN activities.

The Union particularly welcomes the adoption of the Statute of a permanent International Criminal Court to try the most serious crimes and violations of humanitarian law of concern to the international community and calls for an early ratification of this statute.

IV. These policies must be continued and, where necessary, strengthened and improved. In this regard, it is important that the Union reinforce its capacity to achieve its objectives on the protection and promotion of human rights and fundamental freedoms. In this context, the Union is determined to ensure respect for human rights in all its actions. In particular the Union will consider concrete measures such as:

enhance the capacity to jointly assess the human rights situation in the world by closer co-ordination and otherwise ensure that all pertinent means for action are available within the framework of the Union, including through the possible publication of an annual EU human rights report;

further develop cooperation in the field of human rights, such as education and training activities, in coordination with other relevant organisations, and ensure the continuation of the Human Rights Masters Programme organised by fifteen European universities;

reflect on the usefulness of convening a periodic human rights discussion forum with the participation of EU institutions as well as representatives of academic institutions and NGOs;

strengthen the capacities to respond to international operational requirements in the field of human rights and democratisation, such as through the possible establishment of a common roster of European human rights and democracy experts, for human rights field operations and electoral assistance and monitoring;

foster the development and consolidation of democracy and the rule of law and respect for human rights and fundamental freedoms in third countries, in particular through working towards the earliest possible adoption of the draft regulations, currently under consideration in the EU framework, on the implementation of co-operation operations;

ensure all means to achieve the coherent realisation of these goals, including through the consideration of strengthening relevant EU structures.