Mar 22, 2005

Germany Expresses Concern on Tibet and Chechnya at the Commission on Human Rights


Speech by Joschka Fischer, Federal Minister for Foreign Affairs, at the Commission on Human Rights
Untitled Document
Let me congratulate you, Ambassador Wibisono, on taking over the chair of the United Nations Commission on Human Rights. I wish you every success.

I would also like to take the opportunity to congratulate Louise Arbour, United Nations High Commissioner for Human Rights, on assuming this important position and assure her of Germany's full support as she performs her tasks.

There is agreement among the international community: We need effective multilateralism to successfully tackle the challenges of the 21st century. The Secretary-General took the initiative for a courageous and comprehensive reform of the United Nations and the High-level Panel on Threats, Challenges and Change which he appointed impressively set out the global problems. Yesterday Secretary-General Annan presented his response to its report. We welcome the fact that both, the High-level Panel and the Secretary-General, see the need to substantially improve the UN system for the protection of human rights.

These various proposals, in particular the proposal of a Human Rights Council, will have to be discussed in more detail and, hopefully, in a positive spirit. Furthermore, I would like to voice Germany's full support for the following key demands made by both the Secretary-General and the High-level Panel:

Firstly, the protection of human rights has to be understood by all states as one of the central tasks of all UN institutions, including the Security Council;

Secondly, the Commission on Human Rights has to be able to perform its mandate in its entirety - this includes making no bones about human rights violations in certain countries;

And thirdly, the Office of the United Nations High Commissioner for Human Rights must be strengthened - both institutionally and financially.

During the debate on UN reform in the coming months, we will all have the opportunity to make a specific contribution to the achievement of the aforementioned goals. We must seize this opportunity.

One of the global challenges outlined in the report by the High-level Panel is international terrorism with its totalitarian ideology. All forms of this major threat which again claimed countless lives in the last 12 months - I am thinking here of the horrific tragedy in Beslan or the almost daily attacks in Iraq - must be fought resolutely.

However, experience in recent years shows that terrorism can only be combated successfully with human rights - not without or even against them. Terrorists must not be allowed to force us to question our own values. Human rights norms must retain their full validity. This is true above all of the ban on torture which is absolute and must on no account be watered down.

We very much welcome the fact that a special mechanism on human rights in the fight against terrorism was successfully launched last year. We want the mandate of this mechanism to be not just extended but also strengthened.

In its report, the High-level Panel rightly underlines the importance of prevention for crisis management. Especially when it comes to combating terrorism and armed conflict, military and police measures are needed in the short term to protect people from an acute threat. But in the long term, ensuring equal involvement in political, social and economic life is the most sustainable instrument for conflict prevention. This means the full implementation of all human rights, civil and political as well as economic, social and cultural. Promoting human rights is therefore not only a moral obligation but also an important instrument for crisis prevention.

During this 61st Session of the Commission on Human Rights, Germany will once more work for the respect and promotion of all human rights. As far as economic, social and cultural rights are concerned, we want to focus in particular on the right to water this year and are holding a special event today - World Water Day.

Another event initiated by Germany aims to confirm indigenous people in their right to education and find practical ways of underpinning this right.

Many of the human rights violations which worry us are discussed in detail in the Commission on Human Rights. Unfortunately, this is not true of anti-Semitism. There is little scope for combating this phenomenon in the UN human rights bodies. For this reason, I would like to point out that the OSCE states met last year in Berlin for a Conference on Anti-Semitism whose Berlin Declaration sent a strong signal on banning anti-Semitism. The message from Berlin is that there must be no tolerance of open or latent anti-Semitism. This message must be applied around the world. Anti-Semitism must be universally banned. This is also true for my own country. Following the moving Special Session of the General Assembly commemorating the 60th anniversary of the liberation of the Auschwitz concentration camp, I therefore hope very much that the United Nations will this year manage to clearly condemn anti-Semitism in the Commission on Human Rights as well.

In the last year, the human rights situation in some countries gave cause for hope. But in many - too many - cases, there remains cause for grave concern. The EU will again present draft resolutions on several states and mention many states in statements. I entirely share the concerns that the EU will express concerning all these countries and would like to add the following remarks:

In Afghanistan, the presidential elections on 9 October 2004 were a further milestone in the development of the country. The amazing turn-out of some 80% is a positive sign - as is the fact that 40% of those who voted were women. But in many fields, the legal equality of women guaranteed in the new Constitution is not yet reflected by the reality. This is why Germany is working hard to improve the position of women in Afghanistan.

Free and democratic elections are also bringing new hope in Iraq. After many setbacks and despite ongoing terrorist violence, millions of Iraqi men and women cast their vote at the start of the year and thus firmly rejected the threats of the extremists.

Now it is a matter of involving in the political process the groups who were not able or willing to take part in the election. After all, the Iraqis have to agree on a new Constitution this year. Germany will support this process in which implementing the human and civil rights of all people in Iraq is a central concern.

In the Middle East, cautious optimism has replaced the stagnation and crises of recent years. There is now a greater chance of ending the spiral of violence once and for all. Following the election of Mahmoud Abbas as President, Israelis and Palestinians have now relaunched direct talks at the highest level. The Sharm al-Sheikh summit on 8 February 2005 showed the world this desire for a political solution.

After the determined action of President Abbas in the security field, we also expect further improvements in the Palestinian judicial system. We believe this must also include the abolition of the death penalty. I also hope that President Abbas will prevent the execution of the death sentences that have already been imposed.

In addition to the firm steps taken by the Palestinian Government against terrorist groups, a major improvement in the living conditions of the people in the Palestinian territories and the human rights situation will be decisive for any long-term improvement in the situation in the Middle East. Israel needs to play its part here.

Israel's release of 500 Palestinian prisoners is a positive development. I hope that more Palestinians imprisoned in Israel will soon be released in close cooperation with the Palestinian Authority.

In Chechnya the human rights situation is still marked by acts of terrorist violence and repressive government measures which violate human rights in an effort to combat this terrorism. We firmly and utterly condemn all acts of terrorism that people in Russia have suffered. At the same time however, we also condemn all human rights violations which are committed in the fight against these violent acts and in turn bring suffering upon the Chechen population. The Russian Government is responsible for unconditionally investigating these human rights violations and bringing those responsible to justice. Above all, we call upon the Russian Government to implement the rulings of the European Court of Human Rights in their entirety and without delay.

Furthermore all indications of human rights violations must be investigated in a transparent manner. This includes granting international organizations and independent media free access to the region. Transparency is the only way to re-establish trust in the government's actions. This is essential if there is to be a lasting solution to the Chechnya conflict.

We welcome here the first positive moves in the cooperation between the Russian Government and the Council of Europe Commissioner for Human Rights. Russia's readiness to cooperate with other states on Chechnya's economic and social development is also an important step forward.

The human rights situation in China also remains a source of concern. I have again and again voiced this concern in no uncertain terms here, and above all during many talks with Chinese representatives.

We welcome in this context the readiness of the Chinese Government to openly discuss ongoing serious problems at a bilateral level but also in structured dialogue with the European Union. We also welcome the inclusion of a passage on human rights in the Chinese Constitution and the establishment of a Task Force to pave the way for the rapid ratification of the International Covenant on Civil and Political Rights.

But rapid results are decisive. This means that the deficits must be tackled with determination and solutions found - solutions that are effective for all the citizens of China regardless of their ethnic background, political convictions or faith, including the people in Tibet. Constructive cooperation with the UN special mechanisms and necessary reforms, inter alia on administrative custody and the death penalty, are essential here.

In Iran we have still been unable to detect any improvement in the human rights situation. Whippings, torture and the death penalty continue to cause concern. In particular the human rights of journalists, webloggers and human rights activists continue to be violated. We will only be able to speak of real progress in democratization when civil and political rights – in particular freedom of opinion – are fully respected. I very much hope that at the next rounds of the EU-Iran human rights dialogue we will discuss ways of bringing about genuine improvements to the human rights situation.

Last year the serious human rights violations in Sudan shook the international community. The humanitarian and human rights situation in Darfur remains dramatic. 1.8 million people have been displaced, and according to the latest figures even more than 180,000 people have lost their lives in the last two years as a result of the conflict. The Sudanese Government bears responsibility for a large part of the serious human rights violations committed in Darfur. But the rebels are also guilty of massive violence. The report presented by the independent Commission of Inquiry makes this very clear.

This is why we are convinced that the pressure on those responsible must be stepped up. We must not allow people to go on being murdered, raped, pillaged and displaced in Darfur. The systematic human rights violations must finally be halted. This is also essential for a political solution. A further pre-condition for the restoration of genuine peace is that those responsible for the grievous human rights violations in Darfur be brought to justice. In Sudan, too, impunity must not be tolerated.

Therefore I hope very much that the Commission on Human Rights will do justice to its responsibility both in the case of Sudan and in other cases of massive human rights violations. This is its responsibility towards the people whose rights are being so brutally violated and its responsibility towards the human rights that this body is called upon to protect. After all, only when the Commission on Human Rights pledges its loyalty to human rights clearly and firmly will it be able to do its job and remain relevant as an institution.

 

 

Source: AA