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Statement by Adv Johnny De Lange, MP South African Deputy Minister
for Justice and Constitutional Development to the High-Level Segment of the Human
Rights Council, Geneva, 12 March 2007 Mr President,
The High Commissioner
for Human Rights,
Excellencies,
Distinguished Delegates,
Ladies and Gentlemen Let
me take this opportunity to congratulate you, Mr President, and members of your
Bureau, on your good stewardship of this Council over the first eight months of
its existence. You have provided us with vision and excellent leadership under
very difficult and trying
times. We associate ourselves with the statement
read earlier by the Minister of Foreign Affairs of the Philippines on behalf of
the Convening Group of the Community of Democracies. Mr President, The
first year of the existence of this newly established Human Rights Council marks
a defining moment for the international community. The victims of human rights
abuses, in whose name we all claim to be speaking, demand from us a global human
rights system predicated on values of universal justice and human solidarity.
The noble principles enshrined in the Universal Declaration of Human Rights, namely,
that "all human beings are born free and equal, both in dignity and in rights",
should underpin all the rogrammes and operations of this Council. The former
United Nations Secretary-General, Mr Kofi Annan, recently correctly pointed out
that "Human rights are foreign to no culture and native to all nations(that
they are thus universal(that one cannot pick and choose among human rights, whether
civil, cultural, social, economic or political(for a fundamental feature of these
rights is their universality, indivisibility, interdependence and interrelatedness." We
fully associate our country with this view. Mr President, Humanity
cannot boast to be espousing the principles of human dignity and equality when
in reality the overwhelming majority of the world population continue to live
under conditions of poverty and underdevelopment. The 1993 World Conference on
Human Rights held in Vienna affirmed that extreme poverty is a violation of human
dignity, which undermines enjoyment of human rights and fundamental freedoms. The
President of the Republic of South Africa, Mr Thabo Mbeki, in his address to the
61st Session of the United Nations General Assembly, on 19 September last year,
made
the foll owing critical remarks in this regard: "The majority of
the human race is entitled to ask thequestion whether the rich are responding
the way they do because the further impoverishment of the poor is to the advantage
of the rich, giving meaning to the old
observation that the rich get richer
as the poor get poorer. As the divide between the rich and the poor widens and
becomes a serious global crisis we see an increase in the
concentration of
economic, military, technological and media power. Something is wrong when many
Africans traverse, on foot, the harsh, hot and hostile Sahara Desert to reach
the European shores. Something is wrong when walls are built to prevent poor
neighbours
from entering those countries where they seek better opportunities.
Something
is indeed wrong when all these people, whose fault is merely the fact that their
lives are defined by poverty, try desperately to reach countries where they
believe
the conditions of their existence would improve, only to meet hostile, and at
times, most barbaric and inhuman receptions." The current conditions of global
poverty and
underdevelopment impel us to think no other way, but to demand
that the international human rights system has to produce a new global normative
standard or Convention on
the Right to Development, which must create space
for people-centred development, the preservation of human dignity and ensuring
that those living in conditions of debilitating poverty do not unduly die of hunger
and curable diseases. The South African human rights policy is founded on four
core principles of respect for, promotion, protection and, more importantly, fulfilment
of all generations of human rights. South Africa believes that in order for this
Council to rise to the challenge of its mandate, namely, "to promote and
protect all the universally recognised human rights and fundamental freedoms,
including contributing significantly to the elimination of their violations",
it is imperative that the Council's agenda and programmes must address the following
critical issues as a matter of priority: (i) The realisation and practical enjoyment
of the economic, social and cultural rights by all peoples everywhere; (ii) The
achievement of the Millennium Development Goals, with particular focus on Sub-Saharan
Africa; (iii) The development and adoption of a new normative instrument (a Convention)
on the Right to Development; (iv) The development of an Amendment Protocol to
the two Core Covenants acknowledging the right to development as a fundamental
human right and placing it on par with all
other human rights enumerated in
these Covenants; (v) The development of a set of new normative instruments correcting
and redressing the historical imbalances between the International Covenant on
Economic, Social and Cultural Rights and the International Covenant on Civil and
Political Rights; (vi) The development of complementary standards to combat racism
and racial discrimination, particularly, their newest manifestations i.e. incitement
to racial and religious hatred; (vii) Ensuring the achievement of the right to
self
determination for nations still living under foreign occupation and colonial
domination; and
(viii) The constant re-evaluation of the international human
rights regime with a view to its improvement in a manner that will make it compatible
with present day challenges and which would also maximise remedies for victims.
Mr President, In the above context, it is positive and encouraging to note
that the Council adopted, at its first session in June last year, important instruments,
reinforcing the existing human rights instruments namely, the Declaration on the
Rights of Indigenous Peoples, as well as the
International Convention on Enforced
Disappearances. Two other related developments in the context of the General Assembly
are commendable and welcomed, as they are complementary to the UN human rights
system, namely, the adoption by the General Assembly of the Convention on the
Rights and Dignity of People with Disabilities, as well
as the report of the
Secretary-General's Special Representative on Violence against Children. The
adoption of the resolution convening the Durban Review Conference in 2009 marks
another milestone achievement by the Council. This achievement should be applauded
by all those committed to the elimination of the scourges of racial discrimination
in all its forms and the promotion of human dignity and equality. It is hoped
that the Durban Review Conference will close the dark chapter in human history
by "Reversing all that is
ugly and repulsive in our world". We encourage
the Council to finalise all its institution
building processes within the next
three months, as anticipated and instructed by the GA Resolution 60/251, which
created it. We owe it to the peoples of the world, in particular the victims of
human rights violations, to reassure them that this new institution is a global
beacon
of hope for the advancement of their plight and aspirations. The renewed political
will and commitment which is meant to be the foundation for the new Council must
guide us to avoid the failures of the past. Mr President,
The defining
feature of the Council's functional programmes or operations should be the inherent
desire on the part of all its Members to assist States to improve
their internal
human rights situations. This cooperative approach should be able to engender
the support of everyone, including those States in need of assistance.
Our
collective experience has taught us that confrontations only breed other forms
of confrontation and non-cooperation. It has also taught us that while confrontations
continue, the plight of those whose dignity and freedoms are denied does not improve
in any meaningful way. At worst, the miseries and desperation of the victims only
compound. The challenge for us, therefore, is to set aside narrow self interest
for the greater good of the observance of human rights, by establishing a credible
and effective
Human Rights Council, based on goodwill, political commitment,
international cooperation, constructive dialogue, transparency and accountability,
in which civil liberties, human rights and fundamental freedoms for all can be
realised and practically enjoyed. Mr President, This year will mark
the two-hundredth anniversary of the abolition of the transatlantic slave trade.
We call on the United Nations and, in particular, the High Commissioner for Human
Rights to coordinate with other global social partners to ensure the proper celebration
of this important occasion. We applaud the United Nations General Assembly
for designating 26 March as the International Day for the Commemoration of the
Abolition of the Transatlantic Slave
Trade. Five days before this historic
event, South Africa and the international community will have commemorated another
important historic event i.e. South Africa's Human Rights Day and the International
Day for the Elimination of Racial Discrimination, respectively. Annually, South
Africa and the UN celebrate 21 March in honour of the memory of the heroes and
heroines of our struggle who perished on this day in 1960 at the hands of the
apartheid regime. This tragedy has come to be known as the Sharpeville massacre.
Mr President, Thirteen years into our democracy, we have made discernable progress
in our national delivery system, particularly in the areas of economic, social
and
cultural rights. We have provided and expanded basic infrastructure, increased
access to primary healthcare and made advances in realising the right to education,
ensuring food
security, access to housing, electricity, water and sanitation.
While others downplay the importance of social spending on these activities of
social transformation, we for our
part place priority on them, as they are
indeed human rights issues. Despite progress in these areas, we are the first
to admit that there is still a lot that needs to be done to
restore the dignity
of all our people and to accelerating delivery of basic services.
For us, civil
and political rights are inextricably linked to the enjoyment of economic, social
and cultural rights. The two international covenants which regulate these two
regimes are treated with equal emphasis in our country. Two weeks ago, we hosted
a very successful human rights seminar between the Governments of South Africa
and Argentina. This partnership, which was the first of its kind, drew its participants
from civil society, academia and Government. The seminar focused on key thematic
human rights issues of common interest between the two nations, namely, restorative
justice, truth and reconciliation, memory of the victims of disappearances and
combating racial iscrimination within the context of the follow-up to the World
Conference Against Racism. Later this year, we will host three important events
focusing exclusively on the advancement of women, particularly addressing the
plight of rural women, gender equality and advancing gender justice in conflict-affected
countries. We are also in the process of domesticating the Convention against
Torture or other Cruel, Inhuman or Degrading Treatment or Punishment. Mr President, South
Africa's political vision is predicated on the reality that our fortunes are inextricably
linked to those of our continent. We have within our limited financial and personnel
constraints, done our best to contribute to the political stability, promotion
of democracy, the rule of law and general conditions of good governance on our
continent. These efforts were undertaken in accordance with the wishes of the
countries concerned. We have also continued, within the context of the African
Union, with Africa's efforts towards making this century the African Century by
taking ownership of the continent's macro-economic recovery programmes. We invite
development partners to join Africans in the realisation
of this dream. We
welcome the institutionalisation of the relationship between the United Nations
system and regional bodies, such as the African Union, and in this regard, we
encourage the continued dialogue between the Human Rights Council and the African
Commission on Human and People's Rights. We also welcome the broader cooperation
and collaboration between the AU Peace and Security Council and the UN Security
Council. The role of the international community in our own struggle for freedom
has been crucial. We urge the international community to demonstrate the same
commitment previously shown towards South Africa, in our collective efforts to
attain self- etermination for both Palestine and Western Sahara. To this end,
South Africa welcomes the recent contacts between the Israeli and Palestinian
leadership aimed at establishing dialogue
between the two sides. We encourage
both parties to find creative solutions to the Middle East crisis with the ultimate
aim of effecting a two-state solution as envisaged in the Road Map. Mr President,
In conclusion, our national priority is to intensify our social development programmes,
to constantly improve the quality of life of all South Africans, to close the
unacceptable gap which defines our dual economy along racial lines, and to combat
transnational organised crime and reduce the levels of substance abuse. Our ultimate
ideal is to create economic and political space for a South Africa, which finds
strength and growth in its wide-ranging diversity, is democratic, non-racial and
non-
sexist, and where all of our citizens can enjoy in the prosperity of our
country. This is the national identity we are striving to achieve. We do not only
seek this ideal for our selves, but for our continent and indeed for the rest
of the world. Our vision is for the attainment of a new human rights world order
that is based on maximising the dignity and humanity of each person and is free
of racism and sexism, and which is people-centred and based on inclusivity and
human solidarity. I thank you.
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