The heart of collective sense of humanity
by Sergio Vieira de Mello
Collective effort is not only the best way to make a difference for
those who need us most, it is the only way. It is individuals who will
have my foremost attention during my term as High Commissioner for
Refugees. Their dignity will be mine, as it is yours.
Human rights are about ensuring dignity, equality and security for
all human beings everywhere. These three formidable notions are at the
core of our vision. They are closely interlinked. Dignity, which
reflects both autonomy and responsibility, concerns the individual.
Equality is the cornerstone of effective and harmonious relationships
between people; it underpins our common systems of ethics and rights,
whether we are discussing equality before the law or the need for equity
in how States and international systems conduct their affairs. Neither
dignity nor equality, of course, can take root in the absence of basic
security.
These notions are not ideals and aspirations that are impossible to
achieve. They translate into benchmarks to measure conduct. More than
half a century of collective hard work has provided us with norms that
provide content to these notions.
We have a universal human rights framework embedded in the United
Nations Charter, the Universal Declaration of Human Rights, the two
International Covenants on Economic, Social and Cultural Rights and on
Civil and Political Rights, as well as other core human rights treaties.
Let me now say a word about terrorism and the measures that are taken
by States to address this scourge. Although terrorism is not a new
phenomenon, any discussion of this subject nowadays must begin with what
happened last year, on 11 September.
The victims of those horrific attacks have a basic right to justice.
This traumatic episode must be looked at unequivocally by all as one of
the more repugnant instances in which the rights of the innocent were
trampled on without pity.
We owe it to them that we all respond with determination and vigour
to end the evil of terrorism. We must also recognize that States have
not only a right, but a duty to protect their citizens from such forms
of international crime. A brutal attack and an exceptional threat may
require an extraordinary and unequivocal response.
But these measures must be taken in transparency, they must be of
short duration, and must respect the fundamental rights embodied in our
human rights norms. They must take place within the framework of the
law. Without that, the terrorists will ultimately win and we will
ultimately lose-as we would have allowed them to destroy the very
foundation of our modern human civilization.
I am convinced that it is possible to fight this menace at no cost to
our human rights. Protecting our citizens and upholding rights are not
incompatible: on the contrary, they must go firmly together lest we lose
our bearing.
We have also to work on other pressing sources of insecurity. Armed
conflict, discrimination, poverty and ignorance to name but only some of
the major ones. Rights have no meaning, however-and you cannot be
secure-if your family starves, or if you cannot protect yourself or
those closest to you from the most preventable or easily curable
illnesses, or provide your children with basic education.
This is a truism, just as it is to say that rights have no meaning if
your life is held to have no value or your voice is perpetually
silenced.
To deny someone's dignity is to humiliate them. We need to be acutely
aware of this: more so than I think we already are. To be humiliated
risks insecurity. It is a needless risk; it achieves nothing that is
positive.
If people are stripped of their sense of their own decency-whether
physically or psychologically, by omission or intentional act-or if they
lack or are denied basic recognition either as an individual or as a
people, or are denied their most fundamental entitlement to live in
safety, the result is loss of confidence, lethargy, despair,
radicalization.
In such scenarios-and we see this all too often-lives are lived that
are full of nothing but anger and years of missed opportunities. In
other words, we need to look at security in its broadest sense, not only
within an explicit framework of the indivisibility of rights, not only
as a condition free from violence and terror, but also recognizing our
growing inter-connectedness in a globalised world.
We need to bring security to all individuals and peoples around the
globe by protecting their rights to life, to identity, to liberty, to
think freely and believe whatever they want; their rights not to fear
torture or exile or arbitrary detention; their rights to express
themselves, to associate peacefully, to move freely within their country
and return to it; their basic right to development; their rights to
primary education and to a standard of living adequate for health and
well-being-adequate, in other words, to bring them, and us all, dignity.
This will never be achieved other than through mutual pacts, among
individuals, communities, States and regions.
A full range of human rights violations are invariably revealed
during conflict; not just violations of the rights of those directly
involved, but also the indirect-and more far-reaching-impact on
security, stability and economic and social progress.
Throughout my career, I have seen men and women, young and old,
stripped of their rights and their dignity as a result of conflict. I am
determined that we work together to see that humanitarian law is fully
implemented and that we move forward urgently to develop and enhance the
frameworks and strategies needed to protect civilians caught in the
maelstrom.
We need to bring closer together human rights and humanitarian
issues. The plight of refugees and the internally displaced must not be
seen as falling only under the rubric of the latter.
We must provide intergovernmental bodies that have international
legal supervisory mandates with unequivocal political backing and
resolve. They are entrusted by States with the ultimate and overarching
task of ensuring that international law is upheld.
I would like to see human rights truly at the centre of peace
agreements, of our efforts to prevent conflict and of our peacekeeping
endeavours. No peace is real unless the most fundamental concerns of
justice are realised.
On how many occasions, including in recent times, have alarming
signals of human rights violations been ignored with only the resulting
crimes against humanity waking us all from inertia? The establishment of
the International Criminal Court (ICC) marks a major landmark in this
regard; however I can within my remit, I will work to assist in ensuring
that the ICC is well supported and in a position to achieve its stated
aims, free from manipulation and in the absence of all other judicial
avenues.
It is to me axiomatic that for those who commit the most heinous
crimes of genocide, war crimes and crimes against humanity, there must
be genuine international accountability. The concerns of all States,
particularly those who lead the struggle for justice, have been-or can
be-accommodated.
I know all too well from our work in Kosovo and East Timor how
onerous this task is, but I also know how vital and worthy of support it
is. Frequently, a conflict has its origins in patterns of
discrimination. We need to address these basic root causes through
advancing the principle of equality.
We need to strengthen our work on this bedrock of justice that is at
the core of all human rights. We need to pay particular attention to
racial discrimination, minority rights, indigenous rights, the rights of
the disabled-for too long an area that has gone unaddressed-children's
rights, and gender equality.
The question of the rights of women merits specific and energetic
focus: I shall make it one of my priorities. My experience in East Timor
(now Timor-Leste), as with other places, has taught me that it is all
too often women who forge the greatest drive for peace in
conflict-ravaged societies.
They are, as a rule, a source of restraint, reason, reconciliation,
stability and democracy. While great progress has been made in the last
decade to place women's rights high on the human rights agenda, much is
still to be desired, particularly at the national level.
We need all the above-and more-and we will seek to do it, but we
cannot do it alone. We need to work with all members of the human rights
family and expand it.
I will work with the Secretary-General, whose trust and political
leadership will be paramount, and in close solidarity with my colleagues
in the Secretariat and throughout the United Nations system, with other
intergovernmental and regional organizations, and with the media. The
role of the business community will also be of particular importance.
But let me single out two actors: States and non-governmental
organizations (NGOs). We will work in partnership with States. I can
never repeat it enough: the primary responsibility to promote and
protect rights lies with them.
In recent years, States have started to realize and accept that
sovereignty is a responsibility that not only provides rights but also
entails duties to those living under their jurisdiction, as well as to
the international community as a whole.
They have, in the words of one recent report, a "responsibility to
protect". My Office will be supportive and constructive, assuming good
faith on all sides even and particularly when disagreements arise.
Human rights are not just for discussion in rarefied chambers. Human
rights have universal ownership; we must make this rhetoric a reality.
Despite impressive efforts in the past years, the level of awareness of
the work of the numerous components of the UN human rights machinery
remains alarmingly low.
And this is particularly true for the targets of our efforts: the
systems and individuals who violate rights, and those who have their
rights violated.
Only recently, it was eloquently put to me that our universal human
rights should be as well known by children in the most impoverished and
remote regions of the world as by our brightest students at our best
universities. We need to find innovative ways of multiplying the impact
of our work and ensuring that it is more vigorously supported by the
public at large.
The Commission on Human Rights is central to United Nations action to
promote and protect human rights. As one of the oldest UN
intergovernmental bodies, it has a history of solid achievement in both
defining the content of international human rights norms and in their
promotion and protection. But that is not enough-far from it.
The Commission remains a vital international forum for discussion of
human rights issues. In particular, it continues in its role as the
pre-eminent drafter of international rights instruments, as evidenced by
the adoption this year of the Optional Protocol to the Convention
Against Torture, as well as by the decision to commence consideration
next year of an Optional Protocol to the Covenant on Economic, Social
and Cultural Rights.
What I am saying is not revelatory. It is nothing more than a
reaffirmation of the obvious: human rights go to the heart of our
collective sense of humanity, as well as of our sense of politics, in
its original Greek meaning: a social order that is for one and all.
It goes to the heart of how we want to see ourselves and of the ideal
we are striving to attain: we should not-must not-shy away from
idealism. Whatever our culture, we share a common impulse to improve the
individual and the common good. We often codify this ideal aspiration in
our national laws, just as we do in our international laws.
This vision of human rights as the fundamental and most commonly
understood prism through which we view our own humanity is the central
guide for all our work.
In other words, we know where we are heading. By now we should all be
in agreement. Disagreements we must view within that framework.
Discussion will only get us so far; action will get us further. You will
find in me a tireless and an honest partner in helping to achieve that
end.
We are, once again, at a crossroads: we will make the most of it and
regret nothing. Unless we aim for the seemingly unattainable, we risk
settling for mediocrity. |