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UNITED NATIONS A
General A.8embly • PROVIS IONAL A/43/PV.74 23 Dec:etTber 1988
ENGLISH
+4' - Forty-th ird sess ion
GENERAL ASSEMBLY
PROVISIONAL VERBATIM REroRD OF THE SEVENTY-RJURTH MEETING
Held at Head:Juarters, New Yor k, on Thursday, 8 DecetTber 1988, at 9.30 a.m. Pres ident~ Mr. ~PU1O (President) (Argentina) la ter ~ Mc. ESSY (VicQ-President) (Cote d' Ivoire)
Expression of sympathy to the Government and people of the Union of Soviet Socialist Republics
FoI'tieth anniversary of the Universal Declaration C'~ Human Rights (continued) [38J
(a) Note by the secretary-General transmitting the report of the Director-Gen eral CIf the tlli ted Na tions Educa tiooal, Scien tific and CuI tural Organ ization
(b) Ora ft reslu Hons
This record contains the original telct of speeches del ivered in Engl ish and in terpretations of speeches in the other languages. The final text will be printed in the Official'Ilecords of the General Assenbly. Co~rections should be submitted to original speeches only. They should be sent under the signature of a menber of the delega tion concerned, wi thin one to the Chief, Official week, Re
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The'meeting'was'called to'orderat 10.25a.m.
EXPRESSION OF SYMPATHY TO THE (J)VERtMENT AND PEOPLE OF THE UNION OF SOVIET SOCIALIST REPUBLICS
The' PRES IDEN'!' (interpretation from Spanlsh) ~ Speak ing on behalf of the menbers of the General Assembly and on my own behalf, I wish to extend our deepest sympathy to the Government and the people of the Union of Sovi~t Socialist
Republics, which has recently been struck by an earthquake, a major natural disaster that has taken a tragic .toll in human lives and ,resulted in extensive ma ter ia1 damage.
I should also like to express the full sol idarity of thE" international community wi th the Government and the peoples of the Un ion of Soviet Socialist
Republics in these difficult circumstances.
Mr. YAKOVLEV (Union of Soviet Socialist Republics) (interpretation from
Russian) ~ On b~half of the Soviet delegation I should like to acknowledge your condolences on t!le terrible event that has just occurred in the Caucasian part of the S0\7 iet Un ion.
A very strong earthquake in the Soviet republics of the Caucasus has had tragic consequences. According to preliminary data available, thousands of people have died in the Armenian Soviet Socialist Republic. Ulfortunately, for ur.derstandable reasons, we do not yet have precise figures. There has been a great deal of delltruction. It is a tragedy, not only for the Armenian and other peoples in the Caucasus, but also for the entire S0\7iet people.
The Soviet delegation would like to inform the General Assenbly that emergency measures are being taken to assist those who have been stricken, the residents of towns and cities. A special Government conunission has been set up, headed by the
Chairman of the Council of Ministers, Mr. Ryzhkav, and even though emergency
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(~. Yakov1ev, USSR)
measures have been taken to deal with the tragic consequences, M[khai1 Sergeyevich Gorbachev and his official delegation have been compelled to cut short their official visit to the United States and are now returning to ltbscow. Mikhail Sergeyevich believes that when there is a problem he must be there to help.
The Soviet delegation would like to acknowledge the condolences and sorrow expressed by all delegations. We share the spirit of unity which has been expressed ar.d will inform the Soviet Government of the solidarity you, Mr. President, have expressed on behalf of all the MenDers of the United Nations. AGENDA ITDi 38 (con tinued) FORTIET$f ANNIVER;ARY OF THE UNIVERgAL DECLARATION OF HtMAN RIGHTS (a) NOTE BY THE: SECRETARY-GENERAL TRANSMITTING THE REPORT OF THE DIRECl'OR-GENERAL OF THE UNITED NATIOm EDUCATIONAL, SCIENTIE'IC AND ClJLTURAL ORGANIZATION f.A/43/796)
(b) DRAFT RESOWTIO~ (A/43/L.39/Rev.l, A/43/L.47) The PRESIDENT (interpretation from Spanish): I declare open the commemorative meeting devoted to the observance of the fortieL~ anniversary of the Universal Declaration of Human Rights.
Forty years ago, in 1948, this essential charter, the Universal Declaration of Human Rights, finally took shape. At that time it was supported by some 58 States. Twenty years later, in 1968, when the so-called Tehran Oeclaration was adopted, a great many other States ratified the document, bringing the total to 128. On the occasion of this Tehran Declaration, this charter of human rights was declared as obligatory, or binding upon all States.
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(The President)
The Universal Declaration has had great influence over the past 40 years influence in the normative, legislative, legal and constitutional fields. We have gtadually seen its ideas and provisions incorporated in the laws governing the domestic affairs of States.
But there is another aspect which is also worth emphasizing and bearing in mind. The Universal Declaration's impact has gone beyond its normative or legal ramifications over the 40 years since it was adopted. It also introduced a new logic into the assessment of political reality, in that the human being is now regarded as the focus and special concern of political activity. Introducing the logic of putting mankind at the centre ot political concern meant nothing more nor less than the introduction of wisdom and common sense.
When man is at the centre of poUtical activities, then paUtical activi ties involve wisdom, and over the past two and a half years we have seen this logic of good sense centred on the individual in all aspects of international relations. How otherwise can we explain the stagger ing progress made in disarmament and with regard to regional ~onflicts? This great gamble being made by States, including the super-Powers, this daring demonstration of imagination and courage, can be explained only by the fact that we have recaptured the original concern of political life - man.
We must celebrate these past 40 years by remembering various matters~ first, the constant, continuing achievements of human rights in all our countries; secondly, the inclusion in national legislation and constitutions of those central and inalienable rights~ and finally, the fact that we have recovered a human sense of politics. In this regard, this Hall still echoes with the words delivered yesterday by the President of the SOY'iet union, who said'
"political problems must be solved by political means onlYJ hurna~ problel'/lS in
a humane way only." (A/43/PV.12, p. 6)
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(The President) let us therefore celebrate th is rena issance of the human approach to solving mankind's problems.
I now invite Hr. Javier Perez de Cuellar, the Secretary-General of the United Na tions, to address the Asserrbly.
The SEOtETARY-GENERAL (interpretation from Spanish) ~ In observing Human Rights D!y, we are commemora ting the proclamation on 10 Decerrber 1948 of the Universal Declaration of Human Rights. Fbrty years later that Declaration is still Cl beacon, lighting up for the whole intern&tialal community the path towards human dignity.
The Declaration was born our of the devastation and horrible slaughter resulting from the systematic violation of human rights. The far-sighted men and women who framed the document had witnessed the extermination of entire peoples in pursuit of twisted racist i"eologies. Like the drafters of the United Nations
Charter three years ~hey earlier, were resolved to put an end to such atrocities. They knew that human rights and peace were indivisible and that to safeguard them it was essential to have universal pr inciples of lasting valid! ty. Four decades later violations of human rights ca1tinue to weigh Upa1 the conscience of mank ind. Day after day, hour after hour, in all parts of the wor Id, flagrant abuses are com"!itted. The record of human rights in our age is besmirched by summary executions and arbitrary arrests, disappearances and torture, the killings of defenceless demonstrators and detention for reasons of belief or conscience. We cannot remain indifferent to such outraqes against the most fundamental concepts of justice and human dignity. They are attacks against each and everyone of us. We must not waver in our solidarity nor give way in our :struggle.
Nevertheless, we may be satisfied with the great progress the Universal Declataticm has introduced into the struggle for human rights. The proclamation of
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(The Secretary-General) common standards for all peoples and nations has created an extensive legal regime, which - through more than 50 international instruments, ranging from the two Human Rights Covenants to the recent Convention Against Torture - amply pr~tect those rights. Thanks to those instruments, bodies have been established to oonsider national practices, special rapporteurs have been designated to investigate national situations or categories of violations, and procedures have been established to receive individual communications. The gradual creation of a complete system for the protection of human rights, ranging from general principles to specific bodies and detailed procedures, is one of the most outstanding achievements of the United Nations. The recognition by those who framed the Declaration that peace and human rights are interdependent has now assumed fresh importance. The fortieth anniversary of the Declaration ooincides with a critical phase in wor ld history, in which we see new and promising avenues for multilateral action opening up. I am convinced that in preparing to meet these challenges and to take advantage of these opportunities we shall find that genuine attention and devotion to human rights will assist us bo achieve our objectives in other spheres. Conversely, there can be nei ther lasting security nor sustained economic and social developnent without guarantees of human dignity, human rights and human freedorns. 'lbday more than ever we must reaffirm the truth ringing out in the opening words of the Declaration, that
"recognition of the inherent dignity and of the equal and inalienable rights of all menbers of the human fami).y is the foundation of freedan, justice and peace in the world". resolution 217 A (III) The force of the! appeal in the Declaration is due to its universal validity. The countries that joined together to proclaim it discovered that it could express values and norms shared by all their cultures and societies, and the nations that Digitized by Dag Hammarskjöld Library JP/rv A/43/PV.74 9-10
(The secretarY-General)
became independent after its proclamation saw that their aspirations were also
reflected in the articles of the Declaration. The International Covenants on Human
Ri9hts, which the Daclaration inspired, also derived their strength from its universal application.
As we COlll1lemorate the adoption of the Declaration, I urge all States Menbers
of the United Nations to accede to the International Cooenants on Human Rights and
other instruments to the fullest extent possible. There can be no better way to celebrate this anniversary.
As for the future, our main task is to ensure that practice accords with principles. It is encouraging to note that the special rapporteurs appointed by the human rights bodies ar~ receiving ever-growing co-operation. We must encourage
States to strengthen that trend and to pronote dialogue even more.
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(The Secretary-General) Similarly, Governments that are striving to finds ways to satisfy the aspirations of their citizens in this area deserve international support. International solidarity makes it incunbent upon us to assist such Governments to strengthen the still-fragile structures of their national human rights institutions. ~ accoml'lOdate thooe needs the prOllision of advice and technical assistance services will have a high priority in our progranme. Human rights will never be guaranteed unless they Shape the very political identity of a society. It must be our goal to create a universal culture of human rights. To that end, as in perhaps no other area of internatiooal activity, we require information arid cOl1l1lunication, for they are a vital factor of human rights. However, few Menbers of the Uni ted Na Hons are yet: aware of the existence of international l'lorms for human rights and still fewer kil'\~ that there are internatiooal bodies to assist them in their struggles against human rights violations. It was thereforl~ highly gratifying to learn of the decision taken by the General Assembly at this sessioo to commemora te this ann iversary wi th the launching of a WOrld Campaign of Public Information on Human Rights. In that critical endeavour in the struggle for h'Jman rights, non-governmental organizations play a fundamental role, creating awareness throughout the wor ld and prOlliding information without which our intergovernmental bodies a..,d groups of expe~ts would not be able to carry out their tacks. They are truly our allies in the un iver.sal struggle for human rights. I applaud their efforts, and I promise them that we will in future work more closely than ever in pursuit of our oonmon goals.
The dignity, value and well-being of mankind are the very essence of this experiment in internatiooal co-operatioo that is the U1ited Nations. Our goal is to meet the nee~s of human beings, not to deal in abstract theories. In promoting
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(The Secretary-General) security and disarmament, in work ing to put an end to cruel regiooal con fHcts and
in str iving to eradicate hunger and disease we are seek ing to ensure the. intrinsic rights of men, women and children throughout the world. Our commitment is to
respond to their cans, and in particular to the calls of the weakest and most vulnerable, namely, the children, the dispossessed and the homeless, those suffer ing from AIDS and v ietims of discr imination and per secu tion •
The history of the United Nations and the contemporary struggle for human rights have evolved together. The revolution in understanding and seeking to protect human rights launched 40 years ago by men and women of great vision has also prov ided conv incing evidence in speci fie actions, of the value and dynamism of the ideals and fundamental principles of the Charter that underlie .a11 the activities of the United Nations.
Thus, in honouring the memory of the framers of the Universal Declaration of
Human Rig.... ts we are honour ing their principles and their importance to the Uni ted
Nations as a whole. Let us work together for their universal attainment in order to ensure for our children a humal1e internati01al community firmly based on these pillars of human rights, justice, dignity and peace.
The PRESIDENT (interpretati01 from Spanish): The Asserrbly will now proceed to the award ceremony. It may be recalled that in resolutions 2217 (XXI) of 19 D:!cerrber 1966 and 41/150 of 4 D:!cenber 1986 the General Assembly recommended that awards should be presented on the occas ion of the celebration of the for tieth ann iversary of the un iversal D:!c1ara tion of Human Rights to individuals who had made outstanding contributions to the prollDtion and protection of human ric#lts ana fundamental freedoms. Six individuals have been selected to rece ive the award.
Before I announce the name of the first award recipient 1 would request the indulgence of delegations in reserving their applause until the last award has been presented.
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(The President}
I now call ~dium to 'm'!!' his Excellency Mr. Chinlll11ya Rajaninl1th Gharekhan, Permament Representa tlve of India to the lki ited Na tions, who will accept an award
on behalf of MJ':. Baba Murlidhar Advidas Amte.
Mr. Chinmaya Rajan i"ath Gharekhan was escorted to the podium by the Assistant Ch ie f of· Pro mcol.
The PRESIDENT (interpretation from Spanishh I nCM invite the Secretary-General to present the award honouring Mr. Murl1dlar Devldas 1Imte, also knCMn as Baba Amte, of India, who has devoted h Is life to the improvement of the situation of the ill, the handicapped and the (HsadvantaCjed. A lawyer by profession, he participa tee! in the Freedom Movement with Mahatma Gandh i. Since 1949, he has been a pioneer in the field of leper rehabili ta tion in India and established centres for the treatment, training and rehabilitation of persons afflicted with leprosy. He has also established educational institutions for rural students, blind children and the physically handicapped. In addition, he has ini Ha ted projects f,r tr ibal popula tions. Mr. Amte is the Cha irman of the Gandhi Memorial IA!prosy Foundation and the National IA!pros~... Organization of India. An inde fa tigable warr ior for the poor, the handicapped and the underprivileged, Mr. Amte is most deserving of this honour from the United Na tions.
!he award was' prl2sented by the Secretary-General. The PRESIDENT (interpretation from Spanish) \ The next award-winner is Mr. John Humphrey of Canad~.. Mr;, Bumphrer tlas escorted to the podium by the Assistant Chief of Protocol. The PRESIDENT (interpretation from Spanish) \ Mr. Humphrey has been involved for many yea-rs in human rights work, both internationally and domestically. As Director of the U1ited ~tions Division of Human Rights from 1946 to 1966, he was intimately involved in the preparation of the first draft of
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(The President) the Universal Declaration of Human Rights. Mr. Humphrey is a highly reiJpected author and lecturer, a memer of numerous organizations cxulII1itted to the promotion of human rights and a recognized authority a'l the many diverse aspects of that field. He is also Fbunding President of the Canadian Human Rights Fbundation. A tireless fighter for the ideals of the tl'liversa1 Declaration of Human Rights, to whose promulgation he contributed £10 greatly, Mr. Humphrey is most deserving of this honour made to him today by the Uni ted Nations. The award was presented by the Secretary-General to Hr. Humf!!re.x. The PRESIDENT (interpretation from Spanish): I next call to the podium Professor Adam Lopatka.
Profesfaor Adam Lopatka was escorted to the p;>dium by the Assistant Protocol. Chief of
The PRESIDENT (interpretation from Spanish; ~ I nOil invite the Secretary-General to present the award to Professor Adam Lopa tka of Poland, who is a wel1-knOiln personality in the United Nations and among international-law specialists dealing wi th humani tar ian anr.1 human rights problems. From 1978 to 1983, Professor Lopa tka led the Po1 ish delegation to the Commission on Human Rights. Since that time b~en he has the Cha irman of the CommiRs ion and has p1a'yed a prominent role in the Commission's Working Group on a Draft Convention on the Rights of the Child. Professor Lopatka is currently First President of the SUpreme Court of Poland. An eminent authority on human rights, highly respected in both ace'demia and in the family of international organizations, Professor Lopatka is most deserving of this honour from the United Nations. The award was presented by the Secretary-General to Professor Lopatka.
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The PRESIDENT (interpretation from Spanish) t I now call to the platform Mr. LeQ"larcb Astudillo, who will accept the posthumous award on behalf of Monsignor Ieonidas Proano. May I request the Deputy Chief of Protocol to escort him. Mr .. -LeQ"lardo Astudillo-was escorted to the-podium-by- the Assistant Chief of Protocol. -
The PRESIDENT (interpretation from Spanish) t The Secretary-General will present the award honouring the memory of Monsignor Leonidas Proano of Ecuador. Monsignor Leonidas Proano was knCMn as pastor, teacher and priest for the peoples of Riobamba, Ecuador ~ and was made bishop of that diocese in 1954. He dedicated his life to the struggle for the promotion and defense of the human rights of the indigenous population. In an area where tradi.tional p:ltterns of land ownership had brought untold suffer ing, Monsignor Proano became a true messenger of hope to the Indian popul~tion not Q"Ily of tha t area but of Ecuador as a whole. In acknCMledging his life-long conmitment to E::uador's indigenous population, the Vatican naRed him Bishop of the Indians. A brave and fearless soldier in thf: battle for the fundamental freedoms and human rights of the poor, the exploited and the oppressed, Monsignor Proafio .is most deser"ing of this ~thumous honour from the United Nations.
The- award' was EEesenf.:ed by- the Secretary"Genei:al to Mr .. ~tudil.lo. The t:RFSIDENT (interpretation from Spanish) I The next award has been made to Mr. Nelson Mandela. The individuals who were expected to receive the award or. his behal f are not in the Hall today. we are all aware of the special circumstances that prevent Mc. Mandela from receiving the a~,ard himself from the hands of the SecretarV-Genp.ral.
Nelson Mandela is a lawyer by training. In his early years he defended hundreds of Africans charged under the apartheid laws. At th
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(The President)
South Africa. During the "Defiance of O1just laws Campaignt:l, Mr. Mandela played a
prominent role thousands were detained for their peaceful opposition to the
apartheid laws. From 1952 onwards, Mr. Mandela was subject to repea ted bann ing
orders that severely restricted his political activities until, in December 1956,
he was arreet.ed, tried for high treason and aCXJuitted. The turbulent events of the
Sharp( Idlle massacre and the declaration of the state of emergency led
NelsQ'l Mandela and the African National council to review their strategy of
peaceful opposition. In August 1962, he was re-arrested and later sentenced to
11 fe imprisQ'lment. Since then, he has spent more than 25 years in prison. He
continues to cbe!: ish, in his own words, "the ideal of a delOOcratic and free society
Cl in which all persons live together in harmony and with equalopportunities •
The tow:ering leader in South Africa and of the crusade for fundamental freedoms and
human rights and against the inhuman system of apar~, in which struggle he has
endured untold hardships and made unending sacr!fice, MJ:'. Mandala is roost deserving
of this honour from the 011 ted Ha tions.
The SecretarY-General displayed,the award for Hr. Mandela.
The' ffiESIDENT (interpretation from Spanish); The next award-winner is in
a similar position and unable to be here today. I am referring to
Mrs. Winnie Mandela.
Mrs. Mandela also needs little introduction from me. The first African
medical social worker in South Africa, Mrs. Mandela served Q'l the Na tional and
Provincial Elcecutive of the African National Congress Women's League until the
League was banned in 1960. She also served 00 the National Executive of the
Federation of South African t'1omen. In 1959, Mrs. Mandela was arrested 8i'ld charged
under the Terrorism Act. In 1962, she was banned under South African law. She was
restr icted to Orlando Townsh ip, Johannesburg, and as a resul t had to relinqUish her
job as a social worker ~lith the Child Welfare Society. Mrs. Ma.,dela remained lWlder
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(The Preside~) solitary confinement, ~ banning o~ders against her. Ura. Mandela ,remains today a symbol of resistance to the inhuman and unjust policies of apartheid. She has personally bocne great suffering and made great sacrifice in the struggle against apartheid, while also giving invaluable strangth and support to M.t:. Nelson Mandela. A renoN'led and indefatigable warrior in the battle for human rights and fundamental freedoms, Mrs. Mandela is most deserving of this honour from the thi tad N1 tions. The SecretarY-General' displayed' the award for' Mrs. 'Man~. The PRESIDENT (interpreta tiQ1 from Spanish); On behalf of the General Assenbly, I should like warmly and sincerely to oongratulate the re'.-:ipiel"llts of this pr ize. Digitized by Dag Hammarskjöld Library m ------MT..GlSy A/43/PV.74 21 (The Preside..!!!) The Asserrbly will nQW proceed wi th the commemcxative meeting devoted to the observance of the fortieth anniversary of the Univ~rsal Declaration of Human Rights. In that connection t.he Assenbly has before it two dr~ft resolutions issued in documents A/43/L.39/Rev.l and A/43/L.47. I shall first caU on the representative of Colorrbia to speak in oonnection with draft resolutioo A/43/L.39/Rev.1. Mr. TIRADO MEJIA (Colonbia) (interpretation from Spanish) t. On behalf of the Government and people of Colorrbia, my delegation would like to express to the Government and people of the Soviet Union our feel ings of deep sol idar. ity in connection with the earthquake which occurred yesterday in the Armenian Soviet Socialist Republic. The Ur.iversal Declaration of Human Rights was adopted 40 years ago as a correcti.ve in the face of the horrors of totalitarianism and war, and it also represented a developnent on what was enshrined in the Charter of san Francisoo. It was a great historic achievement that, for all the States of that time, established the ethical and legal pr inciples which, although proclaimed since the 18th century, had been massively violated with very tragic results. The renaissance of awareness of the need to struggle 50r full respect for human rights, which developed in the 1960s, is undoubtedly ale of the most encouraging signs of our age. Since then there has been a oonstant increase in the extent of internatiooal protection and action against violations of human rights. The year 1966 was outstanding in the history ef the United Nations and in the development of the concept of human rights. The General Asserrbly acbpted the International Covenant on Civil and Political Rights, its Optional Protocol and the Internatiooal Covenant 00 Ecooomic, Social and Cul tur;,\l Rights, which represent the best means of ensur ing full respect for fundamental rights. _._ ... Digitized by Dag Hammarskjöld Library & MLG/SY A/43/PV.74 22 (Kr. Tirado Mejia, Colont>ia) If the human rights of the first generation, namely, civil and political rights, are to be respected and guaranteed, States and The nat balance being provided by the energence of a th lrd generation of hum~n rights such as the right to peace 9 development and a healthy env ironment, the coJm\on heritage of mankind, universal protection against social anc:'J '~ysical deterioration resulting from the abuse of narcotics, cmd the guarantee that mankind will not be destroyed in a nuclear holocaust, implies that States, the United Nations, regional organizations, Governments and the civil community - indeed, all human beings - are working to achieve such rights on the basis of solidarity and co-operation among peoples. Solidarity and co-operation are the foundation of peace. After proclaiming in 1960~\ the the right of peoples to self-determination and to a cul tural identity, rights which to a considerable extent they themselves achieved in painful struggle colon~31 against domination, the pre..;ent situation in t....e world makes it necessary to proclaim a new instrumant on human rights, rooted in solidarity. Despite the pressures to find peaceful and negotiated solutions to conflicts, society is being threatened by scourges which, sonotimes separately and sometimes in an interrelated manner, combine against our society~ drugs and terrorism, which conspire against the right to life, the basis for all other Digitized by Dag Hammarskjöld Library .....------'-'------.'!:~' ... - ~ - MLG/SY A/43/PV.74 23-25 (Hr. 'l'ir ado Me Ha, ColoJl'b la) human rights. As a result of those scourges many communities in the third world face the lnminent danger of the collapse of their institutions, their States, their eCalomic and industrial achievemen'l:s, indeed, of their national unity. The ColoJl'bian delegation has submitted draft resolution A/43/L.39/Rev.l, entitled "Human rights based on solidarity" for consideration by the Assenbly. Since the matters covered by th~t draft resolution affect the entir.e colllftunity and are of tremendous importance, it is not our intentiCil that a hasty decision be taken on the matter. On the contra;:y , we bel ieve that there should be ample opportunity for discussion, and for that reason we formally request that the subject of human rights based on solidarity be included in the provisional agenda of the next session of the General Assembly. U1der this item the Assemlywould consider the draft resolution that we ar~ now presenting. Digitized by Dag Hammarskjöld Library J\lM/ll A/43/PV.74 26 (!'ir. Tirade Me jta, Colorrbia) The forty-fourth session of the General Assefd)ly will take place at a time when mankind is joyously corm:emorating the two hll!'\dredth anniversary of the French Revolution. That great event, together wi th the Declara tion of the Rights of Man and Citizen, provided the fundamental impetus for the cause of human rights. The principles of liberty, equality and fraternity have made great progress, and central to that pt'ocess have been the instruments formulated by the Unitea Nations. These ideals and their var ious developmants continue to enbody the dream of mankind, \-1hich is facing fresh realities and new challenges, including, inter' alia, that of' translating the pr inciple c,f brotherhood into a new instrument safeguarding the rights based on solidarity. The' PRESIDmt'l' (interpretation from Spanish) ~ The representative of Colombia has withdrawn draft resolution A/43/L.39/Rev.l and proposed that the General Assenbly place on the provisional agenda of the forty-fourth session an item entitled "Human rights based en solidarity". May I take it that the Assenbly agrees to that proposal? It was so'decided. The' PRESmm'l' (interpretation from Spak'lish) ~ I call on the representative of Canada, who will introduce draft resolution A/43/L.47. Mr. JroRTIER (Canada) (interpretation from French) ~ First, Mr. President, I wish to associate Canada with the sentiments that you expressed to the Soviet Union, which is at pr:esent experiencing a terrible tragedy. On behalf of the delegations of Argentina, Barbados, Bulgaria, the Byelorussian Soviet Socialist Republic, Canada, Colonbia, D:>minican Republic, Ecuador, Egypt, France, Hungary, India, Iraq, Ireland, Italy, Lebanon, I!Ixenbourg, Digitized by Dag Hammarskjöld Library ----- 2_ J\lM/ll A/43/PV.74 27 (Mr. Fbrtier, Canada) Morocco, the Netherhnds, Samoa, the Ukrainian SOI.'iet Socialist R:!public and the Union of Soviet Socialist Republics, as well as Afghanistan, Australia, O/prus, Costa Rica, Greece, Nigeria, Peru, Poland, the Central African Republic, Senegal, Vanuatu and New Zealand, whose names are not to be found in the document, I have the hQ10ur to introduce draft resolution A/43/L.47 m the fortieth anniversary of the Universal Declaration of Human Rights. It should be noted that Finland has withdra"ll from the list of sponsors. Fbrty years ago the General Assembly adopted and proclaimed the Universal ~claration of Human Rights, which, conceived of as a common ideal to be attained by all peoples and nations, has been and remains, quite rightly, a basic source of inspiration for all national and international efforts to protect and prom:>te human rights and basic freedoms. Every five years since 1948 the General Asselfbly has taken time solemnly to commemorate that event. Today we are here to r~menDer the perman en t and basic nature of the Declaration, wh ich was a landmar k in man' s progress and continues to serve as a guide. The sponsors of the draft resolution emphasize the progress achieved since the adoption of the Declaration and recall that the international community must remain constantly vigilant in or.der to promote and protect human rights and fundamental freedoms. We believe that a common concept of these rights and freedoms is of the highest importance for the fulfilment of the ideals of the Universal Declaration. The sponsors firmly believe that all delegations share these aspira Hons and that the draft resolution will be adopted without a vote. This gesture would demonstrate the dedication of each and one of us to the Universal Declaration of Human Rights and the basic principles it embodies. Mr. ZEPOO (Greece) (interpretation from French): I have the honour to address the General Asserrbly today on behalf of the 12 States menbers of the European Community. Digitized by Dag Hammarskjöld Library E -Ill A/43ipV.74 28-30 (Mr. zepos, Greece) The Twelve wish to join all the other States Mentlers of the United Nations in celtbratlng the fortieth anniversary of the adoption of the Universal Declaration of Du.. Rights. Forty years ago, on 10 Decem~l 1948, the States Menbers of the united Rations recognized that the inherent dignity and equal and inalienable rigbbl of all mellbers of the human family are the founda tion of freedan, justice _cl peace in the world and that disregard and contempt for human rights have r ..ulted in barbarous acts which have outraged the conscience of mankind. Thus they proclaimed at the Palais de Chaillot in Paris the Universal Declaration of Du... Rights lIS "a common staldard of achievement for all peoples and all nations. It With the adoption of the Universal Declaration, the historic process of safeguarding human dignity, a process symolized by such texts as the Magna Carta ..cl the Declaration of the Rights of Man and Citizen, has become universal. In the w•• of the Declaration human rights were no longer an internal natter but a 1419iti_te conce~n of the inte!:national oonmunity. In the 40 years that have elapsed since the ac:bption of this Declaration, nuch .... been said about its content and implications. But one thing is beyond doubt~ • the years have passed the Declaration has not been overtaken by events and rapid daanges, has but, on the oontrary, gained in stature and established itself as the uncontested universal standard for all States, regardless of their economic, social or political systems. As Dag HaJllllarskjold put it, liThe Declaration has proved a 1 iving docu_nt". Since its inception the United Nations has been at the forefront in the struggle to protect human rights. According to the Charter, the protection and promtion of human rights is ene of the four corner-stones of the United Nations, along vith peace, co-operaHen and development. Digitized by Dag Hammarskjöld Library IIIl/SY A/43/PV.74 31 (Mr. Zepos, Greece) However, since human rights were not enumerated in the Charter, that _ior task was left to the newly established COl1'll\ission on Human Rights. The Co_is.ion on Human Rights errbarked upon what it defined as its first task~ a declaration of principles. The outoome was a major achievement indeed, given the variety of seemingly irreconcilable viewpoints, all of which, it is worth mentiming, are in one way or ant)ther reflected in the final text. The Universal Dt!claration of Human Rights was adopted without any negative vote. It inspired the domestic legislation of a great nunber of States and has been invoked in the major international instruments, both in those of a political nature and in those establishing rights, such as the two International Ccnenant8 Oft human rights and, on a regimal basis, the 1950 European Convention on Human Rights, the 1969 American Convention on Human Rights, the 1975 Final Act of Helsinki, and the 1981 African Charter on Human and Peoples' Rights. Thus, the Declaration, whose moral author ity has always been unassailable, hu also acqu ired a distinct legal dimension. Respect for human rights is pr imar ily a moral imperative. It is founded Oft the inherent dignity and worth of all men and women by virtue of their very humanity, and one could venture to say that deviation from generally accepted mral norms is as difficult to justify as the abuse of legal norms. F\1rthermore, respect for and prollDtion of human rights is a normative imperative, enshri"'ed in a numer of. legal and political documents of cardinal importance. States upholding human rights should do so within their own legal systems and be concerned wi th the human rights si tuation in other comtries. '!'hi. last point is a legitimate concern, indeed a duty, of all states and cannot in any way be construed as a form o.f in terference in the in ternal affa irs of Statt!s. Digitized by Dag Hammarskjöld Library at liIIl/SY A/43/PV.74 32 (Mr. Zepos, Greece) Lastly, respect for human rights is a potitical impera tive. Governmen ts which violate human rights not only run counter to their forenDst duty as State authorities, but jeopardize their own survival in the long term. Inevitably, their legitimacy is undermined. Their hold on power can be maintained only through sheer coercicn, in other words, further violaHons of human rights. Furthermore, respect for human rights by gov'2rnments is a prerequisite for peace. Conversely, large-scale violations of human riC]hts threaten peace. Human rights abuses lead to internal confl ict with international repercussions. Besides, non-democratic governments using coercive measures in their own tp.rritory tend to adopt an aggressive posture in their relations with other States. The logic is clear. A State which does not respect its own citizens is not likely to respect other States and peoples. The 'l\Ielve attach the utmost v",lue to respect for and pronDtion of human rights world-wide. As a result, t!ley have been actively involved in ttle efforts of the Un i ted Na tions and other international organ izations to realize those r 19hts. The Twelve have, individually and collectively, repeatedly voiced their grave concern over specific human rights abuses. For the 'l\Ielve, the aim of a declaration of human rights should be to protect the individual. Human rights, which are above all individual human rights, must be scrupulously adhered to. In the case of civil and political rights in particular, the ~elve have repeatedly declared that there can be no cQ'lceivable justification for not implementing them without delay. Social, economic and cultural rights, on the other hand, lend themselves, by the ir very na ture, to gradual imp1emen ta tion. The corrmon position of the Twelve on human rights has been stated clearly in a formal document.~ the July 1986 Declaration on Human Rights. If we look towards the future, we cannot fail to stress the need for vigilance. Digitized by Dag Hammarskjöld Library ~, - &£ ,,' ,..,:-_JIIII M/SY A/43/PV.74 33 (Mr. Zepos, Greece) Recent technological developments in compu ter science, medicine and biotechnology and other fields can pose a formidable threat to respect for human rights, a threat not sufficiently understood. we must examine effective means to counteract that potential threat. We should also like to stress the importance that we attach to the valuable work of the U1ited Nations Advisory Services in the Field of Human Rights and its activities in the ar.ea of pUblic information and educatial, which contribute to the strengthening of respect for human rights and to their promotion world-wide. Following the establishment of the International Bill of Human Rights and its application under domestic legislation, the OI7erriding task of implementing it should continue through a process of education. To conclude, it is not often that we can truly compliment ourselves. The United Nations Charter, the Universal Declaration of Human Rights and the various normative oocuments on human rights have nade respect for human rights an international obligation and a matter of international concern. That is one of the greatest: achievements of the United Nations. Unfortunately, human rights violations persist on an alarming scale. Even a cursory look at the state of affairs in the world today would indicate that the gap between conmitment and performance still remains wide. But today no state can avoid accountability for the abuse of human rights. Prior to that:. evening of 10 December 1948 when the Universal Declaration of Human Rights was adopted, this was hardly the case. lbw that human rights norms have been worked out in sufficient detail, the main task for the future in that area is the rapid, full and unrestricted implementation of those norms. The Twelve are fully conmitted to this task and will continue to do their utmost to ensure respect for human rights and fundamental freedoms throughout the world. Digitized by Dag Hammarskjöld Library M/SY A/43/PV.74 34-35 Hr. EOOM (U'lited Kingdom); On behalf of the Br itish Government, r would like to express our sympathy to the people and Gc:Wernment of the Soviet Union who have suffered so terribly as a result of the earthquake. We fully understand the decision of General secretary Gorbachev to return directJ.y to Moscow. It is a great honour and pr ivilege to address the General Assell'bly on a proud day in the history of the United Nations; this day of the fortieth anniversary of the Universal Declaration of Human Rights. International CX)~peration to encourage respect for human rights is one of the central purposes of the United liiations. Respect for human rights is also, and has loog been, Cl basic concern to the British people. As we have just heard from the representative of Greece, it is a concern which we share with our partners in the EUropean COl!lllunity. An anniversary is a time t.o look back, to take stock, but also to look forward. Human rights are of course no new discovery. Nor are they even a discovery of the United Nations. Although the term itself became widll!spread this century, the concept has long been known as natural rights or the rights of man. Digitized by Dag Hammarskjöld Library ~---,....-...... ,.,.~----...... ------. EH/dsg A/43/PV.74 36 (Mr. !Jgar, United Kingdom) In the seventeenth century John IDcke wrote of the rights to life, liberty and property. The English Bill of Rights, ena~Ged by Parliament in 1689, named the right to tr lal by jury. It prescr ibed that courts of law should nei thC!r demand excessive bail nor impose excesssive fines or cruel or unusual punishment. The American revolutia1aries, inspired by another farrous Englishman, Tom Paine, referred to certain inalienable rights, including the right to life, liberty and the pursuit of happiness. The French revolutia1aries laid down the rights which they held had been denied by previous regimes, asserting that men were born and remained free and equal. More and mor:e countries have accepted provisions in their legal and constitutional systems to guarantee the rights of the individual. But, although the flow o~ ideas crossed natia1al boundaries, concern for respect for human rights was pr imar ily ~ domestic matter. The twentieth century has seen some of the most cruel acta of barbarism and tyranny by Q)vernments against their own citizens) yet before the founding of the United Nations such issues were hardly Q1 the international agenda. It is one of the central achievements of the United Nations in its relatively short history that human rights abuses wherever they occur, are now established firmly as matters of legitimate international concern. The Cha~ter and, in particular, the Universal Declaration of Human Rights made the demand by individuals for pol!tical, economic and social rights not simply a claim by citizens against their own Governments but a claim against all Governments. I am proud that my countrymen and countrywomen were closely involved in the birth of the Universal Declaration. we have in the Br iUsh delegation to this celebration, Sir Vincent Evans. Forty years ago he was closely involved in drafting this twentieth century Magna Carta • Digitized by Dag Hammarskjöld Library • • EH/dsg A/43/PV.74 37 (Mr. Eggari United Kingdom) Sone Governments ~. ~tcome do not criticism either from inside or from outside their territQry. We totally reject the assertion, still regrettably sometimes heard, that such concerns, such criticisms, c~nstitute unwarranted interference in internal affairs. It is incumbent on Governments to demonstrate to the internaticnal community that their human rights records are in accord with the international obligations to which they have volun tar ily s~bscribed .. Most recently we have Been the adoption of a Convention against torture, a major achievement for the international oonmunity. The legal processes to allow the United Kingdom to ratify that Convention are now complete, and I am therefore able to announce that this mor.ning I deposited our instrument of ratification. The United Kingdom will play its part in ensuring that the Committee against Torture works effectively to eliminate torture globally. IlJt in referring to new instruments I must sound a note of caution. I hope that we shall leave this celebration with renewed determination to consolidate the progress of the last 40 years. I see pasitive signs. I wo\ud point to the work of the Conmission on Human Rights) I recognize the responsible approach of very many Governments I I pay a tribute to the cootribution of non-governmental organizations, British ones prominent aJlK)ng them, and yet, as we look at reports from around the world we see that human rights continue to be abused. SOmewhere in the world, every article of the Universal Declaration of Human Rights is being violated. The real violators either have no intention of ratifying such instruments or do not care whether or not they implement their colllllitmenta. New instruments should be adopted ooly where they are essential and where they will have practical bene fit. we must not allmr them to distract our attention from the abuses around us • Digitized by Dag Hammarskjöld Library • ~~ "'.illr_'-;_-•."_11211., .. EH/dsg A/43/PV.74 38 (Mr. ~.9ar, Unlted Kingdom) Winston Churchill said of the United Nations in 1946~ ~e must make sure that it~ work is fruitful, that it is a reallty and not a sham, that it is a force for action and not merely a f )thing of words, that it is a true temple of peace in which the shields of many nations can some day be hung, and not merely a cockpit in the Tower of Babel." Such a vision, as enunciated by Winston Churchill, ·..,as present in the 19408. Such a vision inspired the creation of the United Nations Charter and the Universal Declaration of Human Rights. Our task, collectively, is to use the Declaration eifectively, to encourage ~nd prollDte respect for human rights and to challenge those who violate them, and thus to fulfil the confidence placed in us by those who drafted this solerm Declaration 40 years ago. Mrs:.' A~ELLI (Italy) ~ I should like to express the solidarity of the Italian Government and people with the Government and people of the Soviet Union in the tragic sufferings caused by the earthquake which occurred yesterday. As the General Assenbly is drawing to a close I should like most sincerely to congratulate you, Mr. President, on behalf of the Government of Italy, and on my own behalf, for having presided over the forty-third session of the General Assenbly with pra9lllatism and competence and for contributing to the advancement of dialogue and consensus. 'lb praise the Universal Declaration of Human Ri.ghts on its fortieth anniversacy .' is a task which is, perhaps, too simple. The long way Chat we have travelled i.n these 40 years in our search to broaden and reinforce the protection of the fundamental rights of the individual is visible to all. The credit for those results goes above all to the Decl~ration, the ethical, political and educational value of which is of the utmost relevance. Moreover, it has provided the Digitized by Dag Hammarskjöld Library • 88/ds9 A/43/PV.74 39-40 (!i _ 1'9nelli, Ital.x) foundation for the outstanding work of the United Nations in the establishment of international standards for the protection of human rights. If we reach back in our minds to the memories of the immediate peat-war era, we cannot help but look with satisfaction upon the progress that has been made in th~ course of those years; yet the system that has been established by the Uni ted Rations is, as are all things of this world, certainly not perfect. The universality which characterizes the Declaration did not become throughO'.:It the years universal respect for human rights, but by nQi all the merrbers of the international community recognize the existence of a minillllJ~ common denominator which can certainly be considerea as a universal standard. This indestructible foundati~1 has been gradually expanding. The Declaration, throughout its 40 years of life, has been a point of refer,-mce for numerous States that have established new constitutions. In fact, sa States have incorporated the pr inciples of the Declaration into their rHpective fundamental laws. A phenomenon of great relevance in this process is the eat:,lablishment of regional conventions concerning human rights. Paradoxically, the regionalization expressed by the European Convention of 1950, the Inter-Amer iean Convention of 1969 and the Afr ican Convention of 1981 have given riB. not to a fragmentation but rather to an increased homgeneity which has favoured the prccess of universality. Those pacts have in fact accepted and (Jeveloped the fundamental guidelines of the Declaration. It is significant that the pr inciple of non-interference in internal affairs ,8 invoked less and less often whenever the international community turns its jttentlon to the human rights situation in a given country. In that way International vigilance proves to be one of the most appropr iate instruments for ( ••udng the fulfilment of obligations assumed by the State for the protection of CiA. individual. Digitized by Dag Hammarskjöld Library · ." ..... '- .. . - JSM/AP A/43/PV.74 41 (Mrs. Agnelli, Italy) The enduring commitment of the United NQtions to human rights se~ms to have reached a juncture that is pe~haps more favc'..1rable than ever bafore. The ini tiatives for peace which we have wi messed have crea ted great hop! fOL" humanity. We must not forget that peace and human rights have been c1C1Sely linked from the very beginning. Respact for human rights was originally conceived uthe pr incipal defence of peace in the aftermath of the tragic conf1 let that shook the world. we are currently witnessing an ever-growing interest in the field of humani tal' ian issues. I may recall the resul ts achieved in establis!ling humanitarian rules in the conduct of armed conflicts~ but also the efforts to e~tablish new principles in case of natural and rnan-made disasters and the defence of categor ies of people who need special protection in the conmunity in which they live. As stated in the report of the Independent Conmission on International Humanitarian Issues, abstractions such as g~owth, stability and order are not end. in themselves, but have value only if they bring about the greater welfare of th@ people. And this proceeds from the recognitioo that each ooe of us is no lftOl'e but no less than a human being. The new humanitarianism may have extremely useful developments if the principles on which it is founded are enhanced, era the cne hand, by the growing role of mul tilateralism, and on the other, by the wider acceptance by states of th. need to sacrifice their own sovereignty whenever human interf!Sts are at stake. Mr.' BAD"" I (Egypt:) (interpretation from Arabich We have learned with great sorrow the sad n~s about the earthquake in the Soviet \11ion and of the lEge n un'bel' of victims. I should like to express our deepest condolences to the Government and people of the Soviet Union upoo this sad occasion. Digitized by Dag Hammarskjöld Library JSM/AP A/43/PV.74 42 (Mr. Badawi, E:JY~) Forty years ago, Paris, the city of light and freedom, witnessed the signing of the first declaration of modern times setting forth human 'rights and political froodotrlS. Since that time, the economic, poli tical and social circumstances of the world have changed considerably. The Universal Declaration of Human Rights is the expression of an age in which values of freedom preva 11 over the forces of naz ism and fascism. It was also the expression of universal civilizational values and of the concept of a single cultural heritage for mankind. Yet, the third WOL'ld had not yet set out on its great journey to pol itical and economic independence, and the Universal Declaration of Human Rights therefore did not fully represent all of those concepts, principles and values. This in no way bel ittles the sign ificance of the Declaration, or of the values and principles it enshrines, principles to which we are all committed, as we work for its full implementation, so that it beromes the expression of the symbiosis between the values, cultures, concepts and principles of our world, however complex it may be. We are working for the prolllOtion of human rights, to give expressim to the hopes and aspira tions of the twenty-first century, now just a few years away. * The Government of the Arab Republic of BJypt participated in all the negotiations that led to the drafting of the Ulited Nations Charter and the signature of the Universal Declaration of Human Rights. Hence, our constant concern wi th the need to adhere to those two instruments, which set out important principles for relations between countries, between peoples and between individuals, which have begun to play a najor role in internati~'W'la:: relations. The ratification of various international instruments on human rights is evidence of *Mr. Essy (Cote d'Ivoire), Vice-President, took the Chair. Digitized by Dag Hammarskjöld Library ------JSM/AP A/43/PV.74 43 (Mr .. Badawi, E?3yet) what I have just said. Allow me to cite a nurrber of th-:ir principles.. en the political level, the pr inciple of the self-determination of peoples has become a clearly established concept, together wi th the right to res ist dictatorship and tyranny. On the economic level, the concept of the sovereignty of States over their natural resources has become an unchallenged principle. We have seen increasing stress laid on international solidarity and co-operation in dealing with indebtedness, drought, hunger and natural disasters. In the social sphere, the role of the family as the foundation of society and the basic nucleus in the communi ty has been aS5erted in the two International Covenants on human r ights and other texts • On the humanitarian level, efforts to establish a new international order will provide a basis for the protection of the dghts of the most vulnert.lble groups such as children, the elderly, the handicapped, women and young people in the near future. With respect to the assertion of basic human values, apartheid has been condelllled as the worst possible form of racial discrimination. Genocide, forced labour and slavery are also oondemned, and agreement was reached on the conclusion of the International Convention at the Elimination of All Forms of Racial Discrimination. :e:rypt was one of the earliest civilized nations and one of the first to apply human rights principles. It is a source of pride for us to be able to say that B.Jypt is a party to most of the international conventions and instruments on human rights, including the two International Covenants, the Convention on the Elimination of Discrimination against WJmen, the International Conven tion a1 the Elimina tion of All Forms of Racial Discrimination and the Cawention against 'lbrture and Other Cruel, Inhuman or Degrading Treatment or PlI1ishment. Egyptian experts are participating in various working groups and oollll1ittees ronitoring the implementation of those international instruments. Digitized by Dag Hammarskjöld Library JSM/AP A/43/PV.74 44-45 (Hr. Badaw i, FJ;rypt) President Mubarak, in OCtober: this year, enacted the Charter for the Egyptian Child, which sets forth principles that we will be endeavour ing to implement in the forthcoming decade, 1989-1999, so that children can grow up in a heal thy and PSychologically and socially sound enviroru....ent. Digitized by Dag Hammarskjöld Library -----~------_.• AE/rv A/43/PV.74 46 (Hr. Badawi, !Jypt) As we are commemorating the Universal Declaration today, I should say that Egypt is tak ing part in the working group responsible for prepar in9 an internatiooal convention at the rights of the child, which we hope will be acbpted during the next session of the General Asserrbly. In conclusion, my country's delegation reaffirms the need to work seriously to ensure that our brothers in Palestine, Namibia and South Africa may, like us, enjoy the right to self-determination in their own lands and 1 ive under ecooomic, political and social regimes that respect human values, ideals and bas ie freedoms, free from such practices as apartheid and racial, religious or political discrimination. Mr.· TANIGUCHI (Japan) ~ I should like first, on behalf of the people and the Government of Japan, to express deep sympa thy to the people and Government of the U;SR for the casualties caused by the earthquake that hit the Armenian Soviet Socialist Republic and surrounding areas yesterday. I have the honour to speak on behalf of my Q:)vernment on th is auspicious occasion, the celebration of the fortieth anniversary of the aCbption of the Universal Declaration of Human Rights. The international ooITlTlunity's most fundamental In this regard, I shoule like to extend my heartfelt congratulations to the six persons who have received human rights awards, as just announced in this Hall. Digitized by Dag Hammarskjöld Library . 5.,g,; AE/rv A/43/PVo74 47 (Mr. Tan iguch i, Japan) Looking back at the history of the thited Nations, I am impressed at the imp:)rtance of the various roles the Organization has played. I believe, in particular, that its achievements in the human rights field are among its most significant and effective. In this regard, from my own experience in the last two sessions of the Commission on Human Rights as head of the Japanese delegatim, I can say that the activities of the COlll'Rission are among the liveliest and most invigorating in the wole of the thi ted .Ja tions system and have a far-reaching impact on the international oolll'/lunity. The mechanisms used by the United Nations nowadays for obflerving and investigating suspected infringements of human rights are ilnportant, in order to ensure the effective implementation of existing humanitarian instrulIM!nts. The United Nations - in parUcular, the Commission on Human Rights - has servec. as a centre for these mechanisms. While the mechanisms have functioned well, I wish to stress that it is imper~tive to pursue the implementation of existing humani tar ian instruments in as systematic and co~rdinated a manner as possible. In this connection, I wish to point out that maximum use should be made of advisory services, which have proved to be useful in helping States parties to canply with reporting obligations through their wide-ranging technical assistcmce, especially in the training of officials in charge of the prollDtion and protection of human rights. Japan is pleased to be co-operating in this field. As I mentioned at the beginning of my statement, remarkable progress has bet!!n nade in the human rights field. It is also true, however, that we still face many problems at both the national and the international level. It is therefore of the utmost importance to ensure universal respect for human rights on a de facto ra ther than merely a de jure basis. Towards this end, we must continue to strive to bridge the gap between standards and reality. It is regrettable that flagrant violations of human rights and fundamental freedoms oontinue in every corner of the Digitized by Dag Hammarskjöld Library ------ AE/rv A/43/PV.74 48-50 (Mr. Taniguchi, Japan) world, principally in the course of regional and domesti: conflicts, which lead to a deterioration of the economic and social infrastructure, bring about: a drastic change in lives and living standards, with the result that people are unable to enjoy basic human rights, in particular the right to life. In this connection I am pleased to note some significant improvements in international relations - particularly in Afghanistan, Iran and Iraq, Namibia, and Western Sahara - tha t have taken place recently against the background of the development of the East-West relatior.ship, particularly between the United States and the USS R. In all these areas expectations for the attainment of peace are higher than ever before. Therefore, steadfast efforts towards this end by all the parties concerned are essential, and Japan intends to do what it can to support them. I believe that, as regards the function of the Un! ted Ra tions in the proTID tion and protection of respect for human rights, the role of the COl1l1\ission on Human Rights is particularly crucial in focusing public attention on specific human rights situations through a free exchange of views. On this point, hCMever, the Commission Should make every effort to avoid politicization of issues, so as to ensure that its deliberations are constructive. This democratic process is important in enabling people tc gain a better understanding of the reality and, above all, in convincing the Governments concerned of the need to respect such rights and fundamental freedoms • Digitized by Dag Hammarskjöld Library • ---~~----:------...-~~ ncr/Ap A/43/PV.74 SI (Hr. Taniguchi, JaJan) In this regard, I believe that milateral criticism or condemation of the human rights situations of certain countries will never bring about improvements of such situations. Further, it is of the utmost significance for Menber States to co~perate with the United Nations organs concerned, particularly in providing factual information 00 their human rights situations, while heeding such criticisms as the use of double standards and pol itichation • I wish once again to request all Menbers of the U1ited Rlltions to review what has been achieved and to have the determination to commit themelves to further progress in this field. As for how we should proceed, it is our belief that although at times the going may be slow we must work steadily and pragmatically to solve the problems that confroot us, since that is the only way to real i.ze miversal respect for human rights. The fortieth anniversary of the adoption of the Universal Declaration of Human Rights is therefore a special occas ion, for it reminds us of the original spirit of the Declaration - a spirit which tends to slacken unless we give it our constant attention. In this regillrd, I am happy to hear that acHvi ties for commemora ting this fortieth anniversaty of the Declaration are being carried out at both the na tiooal and the international 1evels aromd the world. Japan, for its part, has striven to highlight the importance of promoting and protecting human rights by means of various activities before and dur ing its Human Rights Week, which rms from 4 to 10 Decenber and the last day of which is also designamd as Human Rights Day. For instance, on 3 Decenber a sympos iurn sponsored by the Government for coRlllemorating the fortieth anniversary of the Universal Declaration of Human Rights was held, and the partici pants in it exchanged vhws under the theme of "Human Rights and Internationalization of the Society". Digitized by Dag Hammarskjöld Library scr/AP A/43/PV. -/4 52 (Mr. Tan iguch i, Japan) In conclus ion, I believe that the strengthening of internatimal co-opera tion has become more necessary than ever before, in order to ensure universal respect for human rights. 'Ib that end I wish to reaffirm that the Go.rernment of Japan will spare no effort in pursuing all possible ways of solving the problems before us. Mr. BLANC (France) (interpretation from Fr:ench): I should like to follow the example of previous speakers and express our delegation's sol idar ity with the .' SOYiet delegation in regard t-, the catastrophe that has just struck its country. In this brief stateme;'lt on the anniversary which we are commemorating here today, I wish, on the one hand, to bear witness to my country's fidelity to principles and an ideal now shared by all the peoples we represent and, on the other hand, to express the wish that the cause of human rights will be enhanced and strengthened by new achievements. The proclamation on 10 Decerrber 1948, at the Pa1ais de Chaillot in Paris, of the un iversal Declara tion of Human Ri gh ts was an even t wi thou t precedent in the history of nations. For the first time those nations, all together, colTlTlitted themselves to building a world in which every me of the rights, abUi ties and resources of the human being would be acknowledged by hldiv idua1s, enshr ined in laws, defen&!d by institutions. we should not be sparing in our expressions of grati tude to all those men and women who wI,rked to ensure that these values would fran that day forward become our most valuable common heri tage. A long struggle thus came to an end - a struggle that began almost 200 years ago with the Declaration of the Rights of Man and the Citizen. Forty years after the proclamation of the Universal Declaration of Human Rights, we are entitled to express our pride at what has been done by our Digitized by Dag Hammarskjöld Library • Bcr/AP A/43/PV.74 S3 (Mr. Blanc, France) Organization as a result of the Declaration. An impressive body of normative texts nOlrl exists, enriching international law and the law of States. There are now many organizations and initiatives throughout the world whose aim is to defend the rights of millions of men and women. Each day there is a sharper awareness of the stakes and precise requ irernents - all of them mOlTing toward the same goal: guaranteeing for human beings, without zmy kind of distinction, full enjoyment of their inalienable rights and protection against any violations of those rights. This is a juridical, a political, a moral endeavour, and the achievements of the U'lited Nations in this sphere are among the greatest examples of progress nade by the international ooll'lllunity in the second half of this century. Our pride is certainly legi tillBte, but it should not make us less clear-headed or vigilant. Our world is far from offering a picture of universal harmony and agreement. The adherence by nations to the text of the thiversal Declaration has not spared all peoples the soo:.JrCjes of violence, intolerance and high-handedness, or the ravages of dire poverty, isolation and abandooment. Moreover, the developnent of science and technology has led to changes in our societies, whose very founda.tions ~ ecooomic, political, ethical and cultural- are very often shaken. In that uncertain context, sometimes fraught with threats to the human commll'lity, the defence of human rights and fundamental freedoms must be a priority du ty for each and everyone of us. In the fir st place, that du ty should be to ensure the full implementation of the principles and rights recognized in the Universal Declara"tion. Such implementation presupposes that every State will include those principles and rights in its internal juridical order, by adhering to the international Ccwenants on civil and political rights, on the one hand, and eCQ'1omic, social and cultural rights, on the other. \'le express again here our hope that ac:l1erence to the COITenants will soon beoome universal. Digitized by Dag Hammarskjöld Library ,'...... J -.~-.# Bcr/AP A/43/PV.74 54-55 (Mr .. Blanc, France) But this duty should also be to mobilize the awareness and determination of all those who uphold justice, freedom and peace in the wor Id. Indeed, human rights cannot be victor iously defended wi thout the help and commitment of each man and woman, and it is for us to seek and evoke such help and conmitment by all the means ava ilable to us. Finally, this dut.y should mean the shared desire of States and peoples to increase the scope and authority of the cause of human rights. Our struggle will be lost in advance if the definition and very content of each of the rights that we have recognized that human beings must enjoy do not make it possible to foresee and even anticipate developllents of all types under way in the world. Our thinking and our action should be constantly open to new concepts and practices. we must, in fact, have only one goah to ensure that human beings are the beneficiar ies and not the victims of these developments. Let us recognize that our task is a long and difficult one. But, to guide us, we have both the experience of 40 years of efforts and the text of our U'1 iversal Declaration - more relevant today than ever before. The coming year will mark the bicentennial of the French Revolution. This rendezvous with history must above all be directed towards the future. Fbr my comtry, it will be a solemnoccasioo to reaffirm its faith in human beings and its conmitment to defending their dignity everywhere. I expr.ess the wish, on behalf of France, that from now 00 this will be a commitment of our entire Organization. Digitized by Dag Hammarskjöld Library - a4B/17 A/43/PV.74 56 Hr. IDHENFELLNER (Austr ia) ~ At the outset, on behalf of the people and Government of Austria, I should like to say that we share the feelings the President has expressed to the people and Government of the Soviet Union. On the occasion of the fortieth anniversary of the Universal Declaration of Human Rights I have the honour to bring to your attention a declaration adopted by the Austrian Federal Government on 6 Decenber 1988 which reads as follows~ "The tenth of Decenber 1988 marks the fortieth anniversary of the day on which the General Assembly of the Un! ted Nations unaniroously aoopted the Universal Declaration of Human Rights. "The untold suffering that tota~itarian regimes with their contempt for the individual had inflicted on mankind led, after 1945, to a new awareness of the dign ity innate in all men and to the reco9l1ition of their equal and inalienable rights. The aooption of the U1 iversal Declaration of Human Rights by the international coRnunity thus opened the door to a more humane world. "Despi te the substantial progress achieved in recent decades in the protection and promotion of human rights, grave violations of human rights continue to occur in many parts of the wodd. An improvement of this deplorable situation requires constant and intensive efforts and vigilance on the part of the internatiooal community and of each of its merrbars. Our awareness of the importance of human rights issues has therefore to take shape and grow. "The ultimate objective of protecting human rights is to safeguard the digni ty of the individual and to guarantee the free development of all aspects of his personality. The dignity of the individual cannot be guaranteed if ecooomic, social and cultural ccndi tions do not exist. However, adverse economic and social conditions can never serve as justifications for Digitized by Dag Hammarskjöld Library ------__u,-_ FMB/l7 A/43/PV.74 57 (Mr. Hohen fellner , Austr ia) disregarding individual human rights and fundamental freedoms. Human rights are indivisible. "Tbday more and more States agree to the principle that raising the issue of human rights violations cannot be interpreted as interference in internal affairs, but that concern for human rights constitutes a basic task of the internatiooal community. The international community has not only the right, but the obligation to redouble its efforts to implement the inalienable rights and fundamental freedoms of every individual in the in terest of freedan, justice and peace in the world. The fortieth anr;iversary of the Universal Declaration of Human Rights provides us with a special occasioo to keep this in mind. "The Austrian Federal Government calls upon all States to respect, protect and pronnte the fundamental rights and freedoms enshrined in the Universal Declaration." Mr;.· DING YuanhonCil (China) (interpretation from Ch1.nese) ~ On behalf of the Chinese Government I wish to expreas our pt'ofound sympathy to the Soviet Government and people for the great loss of human life and property caused by the recent strong earthquake. At its very inception, the United Nations reaffirmed in its Charter~ "faith in fundamental human rights, in the dignity and worth of the human persoo, in the equal rights of men and wo1OOn and of nations large and small". Having suffered the scourges of two World Wars, the people of various countries felt more strongly the need for an international document on human rights formulated in the spirit of the Charter in order to ensure the prollDting and encouraging of respect for human rights and fundamental freedoms for all. Consequently, at its third session, held in 1949, the United Nations General Asserrbly adopted the Universal Declaration of Human Rights. Digitized by Dag Hammarskjöld Library n4B/17 A/43/PV.74 , 58 (Mr. D1ng YUcltlhong, China) The Declaration is the first international document that sets forth in a comprehensive way the protection of and respect for human rights at the international level. It stands for freedom and equality, opposes discrimina tion and defines human rights not only in the civil and political fields, but also in the economic, social and cultural fields. Many important principles laid down in the Declaration have since become the philosophical well-spring for the formulation of relevent international instruments and conduct of activities by the United Nations in the human rights field. The significance of the Declaration- lies in its reflection of the aspiration of the world's people for equality and freedom. Its influence has increased with the continuous enrichment and development of its original conteni.;. , As we review the actions taken and the achievements made by the United Nations in the human rights field over the past 40 years, we can sae ever more clCiarly the role the Declaration has played. The standards set by the Declaration of Human Rights are products of the era, \mich should develop along with the evolution of the times. In the 40 years since the adoption of the Declaration, tremendous changes have taken place in the world. '&'he colonial system has become a thing of the past. Former colonies and (Jependencies have stood up one after another and joined the ranks of sovereign 3tates. The developing countries in their large numbers are playing an increasing Lole in world affairs. All this had a favourable impact on human rights activitias c:ll1d theories at the international level. Guided by the spirit of the Declaration, ;:~he United Nations has over the decades adopted a series of human rights cesolutions, declarations and conventions reaffirming, adding or defining in (Jreater detail principles of human rights. As a result, the cc- :",~,t of human ights has been constantly enriched, concepts have been, developed and theories Foe r fected. Digitized by Dag Hammarskjöld Library ~ " . ., . " ...... : . ~ ". - ft4B/17 A/43/PV.74 59-60 (Hr. Ding Yuanhon2L, China) It shoUld be emphatically pointed out that the principle of the right of peoples to self-determination and the pr inciple of permanent sovereign rights over natural wealth and resources, as affirmed by international legal instruments and accepted by most countries, as well as the principles oontained in the Declaration on the Right to Development aoopted by the United Nations General Assemly in 1986, are all of paramount importance to the nations and peoples fighting for freedom and liberation from colonialist and racist rule and foreign occupation, to the newly independent countries and peoples striving for the maintenance of sovm:eignty and territorial integritj and restoZ'a tion of effective control over their natural resources, and to the numerous developing oountries calling for the restructurin9 of irrational international economic relations. Digitized by Dag Hammarskjöld Library 1ft ;' .. .' .' ". ' .. ' ~. '." .." .... • JP/AP A/43/PV.74 61 (Mr. Din9 Yuanhong, China) '!bday, in celebrating the fortieth anniversary of the D!claration, we are here to reaffirm all the Pt inciples enbodied for in the Declaration and other relevant human rights cbcuments adopted since, so as to proil'Dte a wic:ler respect for human rights and fundamental freedoms. It is regrettable, however, that mass and flagrant violations of human rights in cQ'1travention of those principles still go on in many parts of the world. Owing to colonialism, racism, apartheid, foreign aggression and occupation, the basic rights of the people in south Africa, Namibia, Palestine, Afghanistan and Kampuchea are brutally trampled on. It is entirely justifieo and necessary for the United Nations to have lis~.ed these questions ewer the years as priority items for its consideration. It is our view that the Uni ted Nations, in keeping wi th the purposes and principles of the Charter and the relevant provisions of international human rights instruments, should encourage, assist and urge all countries to shoulder their responsibility for safeguarding human rights and fundamental freedoms. Of course, while advocating respect for human rights and fundamental freedoms, we are opposed to any country, in contravention of the purposes and pr inciples of the Charter, interfering in other countries' internal affairs under the pretext of protecting human r ights • The two categories of. rights provided for in the Declaration - namely, civil and political rights and eCQ'1omic, social and cultural rights - are interdependent and inseparable. As pointed out in the prearrble to the two human rights covenants, "in accordance with the Universal Declaration of Human Rights, the ideal of free human beings enjoying freedom from fear and want can only be achieved if cooditions are created whereby everyone may enjoy his economic, social and cultural rights, as .well as his civil and political rights." (resolution 2200 A (XXI), annex) Digitized by Dag Hammarskjöld Library • ~ . . . . ., ~ 10. : •• JP/AP A/43/PV.74 62 (Mr. Ding Yuanhong 6 China) Giving equal attention and full respect to those two ca tegories of rights constitutes an important condition of the comprehensive protection of human rights and fundamental freedoms. Moreover, we believe that there is an interrelationship between political development and economic development. The poliHcal and social development of a country correlates closely with the level of its economic development, which has its own distinctive characteristics. In today's world, in which countries and regions are uneven in their economic development and diverse in their cultural traditions, it is neither realistic nor appropriate simply to ask that all oountr ies measure up to the standard or model of a particular country or type of country. The Chinese Government and people have always stood for respect for human rights and fundamental freedoms, supported and abided by the principles on human rights enshrined in the United Nations Charter and actively participated in the United Nations activities in the field of human rights. China has already acceded to a number of international conventions in the field of human rights, strictly discharged its obligations thereunder and regularly submi tted reports to the relevant treaty bodies. On the occasion of the fortieth anniversary of the· Declaration, China, like many other countries, has conducted commemorative activities at home. It is our hope that these activities will help promote compliance by the Governments and peoples of various countries with the purposes of the Charter, adherence to the pr inciples provi&d for in international human rights instruments and efforts to bring about a continuous improvement in the level of enjoyment of every right by all people, thus mak ing positive contr ibutions to maintaining world peace and upholding justice. Digitized by Dag Hammarskjöld Library « JP/AP A/43/PV.74 63 The PRESIDENT (interpretation from French); I now have the honour of calling on Justice Elizabeth Evatt, who will speak on behalf of Australia. She is not only an outstanding jurist and an expert on human rights, but also the niece of Dr. Evatt, who was Foreign f4inister of Australia and was President of the General Asserrbly in 1948. He presided over the meeting at which the Universal Declaration was adopted and also nade an imporant contribution to drawing up the Declaration. Ms~ EVATT (Australia); I wish to associate the Government of Australia wi th the remarks the President nade in sympa thy wi th the people of the Soviet Ul ion over the results of the natural disaster that has struck them. Where you sit today, Sir, my fa ther 's brother stood 40 years ago to announce the adoption of the Universal Declaration of Human Rights. The adoption of that Declaration was the completion of the work begun at Durrbarton Oaks in 1944 to establish an international structure for the preservation of peace, for the implementation of justice and for the protection of human rights. That work is enshrined in the Charter itself, in the Statute of the International Court of Justice and in this Declaration of the fundamental rights of man. How do we measure up today compared with those grim times 40 years ago? ~le have nuch that is good to record. Colooialism is virtually a thing of the past, so that today 159 nations sit in this Asserrbly, compared with the 56 that voted on the Declaration. The broad statement of human rights in the Declaration has been elaborated in a nunber of important addi Hooal treaties setting the norms of a decent and civilized world. Some of them deal with specific areas of abuse, such as torture and racial discriminaHen, and others wi th the needs of women, who suffer doubly Digitized by Dag Hammarskjöld Library JP/AP A/43/PVe 74 64-65 (MBe Evatt, Australia) from the denial of the right to participate on equal terms in polltical, social and economic life and who bear heavily the burdens of poverty, famine and violence. Considerable progress has been made in establishing machinery to implement those norms. The last 18 months, in particular, have seen remarkable advances towards a more peaceful world. Without peace, the rights enumerated in the Declaration can have little substanceJ just as, without tolerance and respect for human rights, we shall not have any lasting peace. The concept of the rule of law, perhaps the single most important requirement for a just society, is taking new hold and achieving new reality. DenDcracy is emerging and re-emerging in all parts of the world. Equity between nations and within nations is, at the least, well established on the international agenda. So there are things in which we can rejoice. 8.1t we should not delude ourselves that the race is yet won. It is barely begun. This great enterprise of Charter, Statute and Declaration had its well-spring in the determinaticx\ that never again should war, poverty and injustice be inflicted upon the peoples of the world, that never again could a Hitler walk among us. Yet, on this very day, people suffer and die in a mUltitude of wars) millions flood the refugee campsJ famine is a present reality to the innocents of the world J and to the Khmer people, wh ile Hi tler may be scarcely known history, the shadow of Pol Pot is an ever-present nightmare. We still have with us apartheid in SOUth Africa, the only country in which by law and constitution one race seeks to define its own value by its blind denial of the worth of all other races. Digitized by Dag Hammarskjöld Library m_ Ba RM/19 l\/43/PV.74 66 (Ms. Evatt, AIls tra1 ia) I make those points not to denigrate the achievements of the last 40 years but to remind us all that the urgency and im[X)rtance of our war k 00 human rights is as great today as it was 40 years ago. In a sense, the struggle for human rights can never really be over. It is, instead, a struggle that is part of the human coodition, a struggle that must be fought anew every day. We all knaol why that is so. The freely chosen government of a free people can be a mighty force for 1 iberty and justice in all their diversity, but gOlTernment can also be the potent instrument of repression, cruelty and depr ivation. The reasoo that the Universal Dec1ara tion is so OITerwhelmingly important is that it has established once and for all that Governments cannot plead interference in internal affairs to deflect the legitimate concern of the internatiooal community, for human r igh ts knaol no national boundar ies • Human r ights are the bus iness of us all. It is the obligation of every GOITernment: to pursue, internally and internationally, policies that will ensure the enjo}ll1lent of the rights of each man, woman and child. I bring here today a proposal to give further strength to the Declaration. It is not a new proposal - indeed, it is a little older than the Declaration itself. It was first ~t forward by Austral ia in February 1947. The proposal is for the establishment of an international oourt of human rights for the enforcement of the emerging internatiooal law 00 human rights. We do not underestimate the najor political and legal difficulties that stand in the way: Who would have access to such a court, just GOITernments or individuals? Ar.d non-gOlTernmental organ iza tions as well? Would it be part of the International Court of Justice or would it be separate? How would its decisions be enforced? ~uld its jurisdiction be oomt:Ulsory? We recognize that the establishment of such a oourt would take years to [,dng to frui tioo. Accordingly, we are happy to see werk begin on this proposal in a Digitized by Dag Hammarskjöld Library * • RM/l9 A/43/PV.74 67 (Ms. Evatt, Australia) IIDdest way - for example, by its being put to study by the U1ited Nations Centre for Human Rights or the Sub-Commission on Prevention of Discrimination and Protection of Minorities. att we are anxious that work begin soon because we see this as an unrealized ideal whose time has surely come. On that day in 1948 the President of the General Assenbly said that millions of people, men woman and children all over the world, would turn to this O!claration for help, guidance and inspiration. To the extent that that hope has been realized, the Organization has played a part, as have such organizations as Amnesty Internatimal. But to the extent to which that hope has been realized it is, above all, a testament to the ordinary men and women who in their daily lives fight their often lonel.y and unsung battles to assert tha worth intrinsic to their humanity. It is true that enough fear, enough pain, enough hunger - indeed, enough apathy and preoccupation with simple survival - can sustain the tyrant for a while and make him confident that his power will endure. But in the end each tyrant will cQ'lfront truth's superb surprise~ that the urge to freedom is so deep in the heart of all men and women that it will not be denied. We know that, in the final analysis, if the tbited Nations is to mean anything it is in its dedication to the simple idea that among the teeming millions of the world each man, woman and child has unique value and that each individual's ,'ery humanity gives an inalienable right to freedom and dignity. So, foe us here in New York, at the East River, our task today is a simple one. It is to send forth from this place a message of renewed commitment, a message to the tortured, to the oppressed, to the starving and to the dispossessed. We feel your agony, we share your anger, we hear your eriea and we are wi th you. Digitized by Dag Hammarskjöld Library b , . , ,. R' '... ' .~.. .. RM/l9 A/43/PV" 74 . 68-70 Mr. lIJMPHREY (Canada), My first words must be to thank the Assenbly for the great honour that was conferred 00 me this morning. I accepted on behalf of all my colleagues in the United Nations Secretariat who helped in those early years when we were drafting the International Bill of Human Rights!. I also want to thank the Canadian Government for having invited me to join its delegation for th is day when the General Assenbly is celebrating the fortieth anniversary of the aooption of the Universal Declaration of Human Rights. This is for me a very special occasioo. I was present, in my capacity as the Director of the Divis ion of Human Rights, in the Palais de Chaillot on the night of 10 Decenber 1948 when the Declaration was adopted. The AsseJrbly's Third Committee had just devoted some 85 meetings to the discussion and amendment of a draft declaration that had been prepared by the Commission on Human Rights. I had sat through all those meetings at the side of the Committee's Chairman, the late Charles Malik of Lebanon, who was, I may say, ooe of the principal archi tects of the Un iversal DeclaraHon. I had also worked on the Declaration with the Commission on Human Rights and its two drafting committees. You can imagine with what emotion I now address the Assembly, 40 years after its adoption of the Universal Declaration. A proper history of the Declaration relating the reasons that pranpted its adoption, describing its juridical character and discussing the importance it has acquired over the years, mocally, politically and legally, still renains to be written. I do not attempt to fill that gap today. I want, however, in the short time that has been allocated to m, to-say something about the moral and political authority of the Declaration, its status in international law, the close relationship between respect for the rights enunciated in it and the peace of nations and how the new world law of human rights, which it has largely inspired, is helping to change the very nature and structure of international law - and, finally, solllt:thing about the mechanisms that exist in the world for the implementa tion of the Declara tion. Digitized by Dag Hammarskjöld Library n .. JB/20 A/43/PV.74 71 (Mr. Humphr ey, Can ada) Imsmdiaf:elyafter its adoptioo the Universal ~claration acquired a moral and political authority equal, if not superior, to that of any other contemporary internatiooal blstrument. The late Eleanor Roosevelt used to call it the Magna Carta of mankind and, in a speech before the Assenbly in 1979, His Holiness Pope John Paul It referred to it as the "basic inspiration and corner-stooe of the United Nations" (A/34/PV.17,'p.'16). tb other international instrument has better reflected the aspirations of mankind. It quickly became a standard of reference by which the conduct of Q)vernments in their relations with individual men and women cou... d be judged. And it has inspired a whole new body of interna tional law, including, of course, the two United Nations Covenants on human rights. att, notwithstanding its great moral and pol! tical au thority, the adoption of the Declaration by the Assen'bly did not make it binding on States as part of international law. The Assembly is, unfortunately, not a world parliament and, except in housekeeping matters, such as the adoption of the budget, its resolutions are not legally binding on states. It follows that, wha tever its moral and POlitical authority may have been in 1948 when the Declaration was adopted, it did not become binding on states as part of international law. That, however, was 40 years ago, and dur ing those 40 years the Declaration has been invoked so many times in the General Assentlly and elsewhere as if it were law that it can now be said - and perhaps I should say that I am speak ing both in my persooal cap:lcity and as a lawyer - that one can say that it is nOW part of the customary law of nations and therefore binding on all States, inclUding the near ly 50 per cent membership of this Organization which has not ratified the two Covenants on human rights. Consider, for example, th~ 1009 ser les of resolutions which the Assen'bly has a dopted coodenn lng Sou th Africa for viola ting its 0011 ga tions t1J1 der the Un i ted Na tions Charter. In every case the General Assenbly goes. on to say in every Digitized by Dag Hammarskjöld Library JB/20 A/43/PV.74 72 (Mr. Humphr ey, Can ada) case "and the Universal Declaration of Human Rights". It is oblrious that the General Assenbly is using the Declaration to interpret the Charter, which, while references to human rights run through it 1 ike a golden thread, nowhere defin.es human rights and fundamental freedoms or, indeed, even lists them. I could, if time permitted, provide many more examples of the kind of practice that supports the oonclus ion that the Universal Declaration of Human Rights is now part of the customary law of nations. If what I am saying is correct - and I have no doubt th3t it is - the event we are celebrating today, the adoption by the General Assenbly of the Ul iversal Declaration of Human Rights, turns out to have been a much greater success than anyooe would have dared to hope in 1948. International law is traditionally defined as the law governing the relations of States and of States only. If the Universal Declaration of Human Rights is nO\~ part of the customary law of nations, then, because it confers rights on individual men and women, it is helping to bring aboot a radical change in the very nature and structure of an international 1a\<1 that some people th ink is nO<'l obsolete. It reaches down to en ti ties other than Sta tes. Indeed, wha t we have tradi tiooally called international law - jus inter gentes- should now be called world law. Human rights law is directed primarily to the protection of the dignity and worth of the human person. But human rights law also has another purpose. History tells us that there is a close relationship between respect for human rights and the peace of nations. The cutalyst that brought about the references to human rights in the Ulited Nations Charter, and later in the Uliversal Declaration, was indeed the gross violations of those rights that occurred during and immediately before the Second World War. Two of the main purposes of the United Nations, as proclaimed in Article 1 of the Charter, are to maintain international peace and security and to proflDte respect for human rights. That associa tion is no accident. Digitized by Dag Hammarskjöld Library 'n: JB/20 A/43/PV.74 73-75 (Hr. Humphrey, Canada) Ne live on a planet that is governed - if one can indeed say that it is governed - by a legal order that is, as I have just suggested, beooming obsolete. During my own lifetime we have lived through two world wars that have literally shattered our planet, and we are still suffering the consequences. How many wars, declared or not, now divide na tions and peoples? It is Governments that make wars. It is individual men and women who are made to suffer by them. Perhaps the radical change to which I have referred in the very nature and structure of international law could help us keep this planet a place where men and women can continue to live. I have talked about a revolution in the nature and structure of international law. But what is law? Law tells us what should happen. It does not tell us what will happen. That is why in developed legal systems there exist elaborate nechanisms for the implementation and enforcement of the law - the courts, the police and so on. Digitized by Dag Hammarskjöld Library MLG/rv A/43/PV.74 76 (Mr. HumPlrey, Canada) B.1t at the international level, these medlanisms are weak when, indeed, they even exist. Most of them are directed, moreover - although that is not t!leir declared purpose - ooly to the education of world pUblic opinion. We sometimes call it the organization of shame. It is true, nevertheless, that governments, even authoritarian governments, are sensitive to world public opinion. But, however important, that obviously is not enough. Yesterday in Paris at a conference convened by the United Nations Educatiooal, Scientific and Cultural Organization (WESa», where there were some 300 youngsters from var ious eauntries, I threw out the challenge - after having told them that our generation had been able to agree on these standards - that it was for their generation to devise adequate measures of implementation and enforcement of the Universal Declaration. This is the message that I want to oonvey in this short intervention. Never in the history of the Universal Declaration has it receiveCl the attention which it has received during this fortieth anniversary. I hope that this may be the elan vital that will help us to bring peace to our wo!:ld and universal recognition of the dignity of man and of woman. The PRESIDENT (interpretation from French) ~ I thank the representative of Canada, who has just given us a brilliant exegesis of the acbption of the Un iversal DeclaraUon of Human Ri gh ts, as a me ••ber of the delegation of his eauntry attending the United Nations conference for the adoption of that Declaration. Mr 0 AIKMAN (New Zealand) ~ It is a pr ivilege to follo,l Prefes,gor !iumphrey, who has made such a massive contribution to the development of human righls law. Before! go on, I should like to express on behalf of my delegation our concern at the reports of the destructive earthquake which has struck the Soviet Union, and our deep sympathy for all those affected by that disaster. Digitized by Dag Hammarskjöld Library ~---=------_ .. - MOO/rv A/43/PV.74 77 (Mr. Aikman. New Zealand) Article 1 of the Universal Declaration of Human Rights states: "All human beings are born free and equal in dignity and rights. They are endOlo1ed with reason and conscience and should act towards one another in a spirit of brotherhood". (resolution' 211' (ill» This recognition of the inherent dignity of the individual, and of the linkage between human rights, peace and justice, is at the heart of the United Nations engagement in the field of human rights. It is worth reminding ourselves that pr ior to 1945 hUillan rights as a branch of international law barely existed. In the United Nations Charter Member States accepted for the first time the principle that the inte~national community had a "responsibili ty for the proJIDtion and protection of human rights and fundamental freedoms. The Universal Declaration was the first formulation of those rights and freedoms. It wa an expression of the consensus of the moral and political opinions of mankind. In my statement to the General Assen'b1y in 1948 I stressed the importance the New Zealand delegation attached to the next stage in the adoption of an International Bill of Human Rights - the drafting of a covenant or convention imposing legally binding obligations on States and the establishment of effective measures of implementation. We hoped, too, that a series of international conventions would progressively elaborate and define the principles set forth in the Declaration. Forty years later, we can reflect on the remarkable progress that has be~n made in the achievement of these objectives. There are the two International Covenants - on Civil and Political Rights and on Economic, SOcial and Cultural Rights. There is also an impressive range of conventions dealing with particular human rights issues, such as those on genocide, racial discrimination, the crime of Ae.artheid, discrimination against women, torture, and freedom of information. Digitized by Dag Hammarskjöld Library _ ----~ ..-----_....------_ ...... ~~~~""----"""",,~---~.."---",,,-'-'''''''_-'':__=::JIII-~-=----'''''''''**!eII' HLG/rv A/43/PV.74 78 (Hr. Aikman, New zealand) Article 1 ef the United Nations Charter cou~s)1.es the realization of human ri~ts and fundal11ental freedoms with the solution of economic, social and cuItural problems. And in 1948 we in the New Zealand delega tion noted wi th satisfaction the place given in the Universal Declaration to economic, social and cultural rights. We had taken an active part in the Third Committee discussions of those rights. We made the point that the right to personal freedom can be enjoyed only by those who are free from fear and free from want. As has since been graphically said; for many millions in the present world human rights begin only after. breakfast. Thus we supported the inclusion in the Universal Declaration of the right to work, the right to rest and leisure, the right to a standard of living adequate for heal th and well-be1ng, the right to educa tion, and the right freely to participate in the cultural life of the community. In this area, too, the past 40 years have seen gratifying successes - a result of work throughout the United Nations system, and in this I include the work of the specialized agencies, beginning with that of the International Labour Organisation. And we must not forget the dedicated and unremitting support of the non-governmental orgcmizations. Indeed, it is in the prollDtion of human rights that those bodies have laboured most actively and constructively. However, this is not ally an occasial for looking back over the past 40 years. We must recognize that there are still many tasks over the whole field of human rights which must be faced "1i th energy and insight in the 40 years ahead. Everywhere we see gross violations of personal freedoms and there are still millions who are living in conditions of fear, ~erty and ignorance. The standards proclaimed by the Universal Declaration of Human Rights will continue to be a reminder to us that theso are issues wIlt.ch present a challenge for the international colllllunity to which we in the United Nations must respond. Digitized by Dag Hammarskjöld Library '.::: 411~.~.~:.·.~..·. .. ~• MOO/rv A/43/PV.74 79-80 (Mr. Aikman, New Zealand) The active part which the New Zealand delegation took in the Third Committee proceedings in Paris in 1948 reflected the interest taken in human rights ~y the leader of the delegation, Prime Minister Peter Fraser. It will be recalled that in 1945 he had ~haired, with distinction, the International Trusteeship Committee at the San Francisco Conference. We now have another Labour Prime Minister, Hr. David Lange. I shall conclude by reading the following message from him~ Digitized by Dag Hammarskjöld Library • JVM/22 A/43/PV.74 81 (Mr. Aikman, New Zealand) it I extend I]reetings from the New Zealand Government to this special colllltemorative session. We are proud that New Zealand was in the company of the 48 countries which supported the adoption of the Universal Declaration of Human Rights on 10 December 1948 at the third session of the General Assembly. liThe Universal Declaration was undoubtedly 'a fruitful seed cast on good ground', as the New Zealand Labour Prime Minister of the day, Peter Fraser, hoped it would be. In the intervening 40 years many of the rights and freedoms proclaimed by the Declaration have been given the status of international law. "It is undeniable that serious abuses of human rights still continue around the world. In SOuth Africa they are in a category of their own. But the international community has asserted its right to express its abhorrence of such practices wi th the force and au thodty of the Un! ted Na t!ons Indeed, we are bound to do so by our obligations under the United Nations Charter. "I should like to reaffirm New Zealand's commitment to the United Nations goal of promoting and encouraging respect for human rights and fundamental freedoms for all. We look forwal:'d to another 40 years of Uni ted Na Hons aChievement. " Mr.'TEEHANKEE (Philippines)~ Before making my brief statement I should like to expzoess, on behalf of the Republic of the Philippines, our deepest sympathy to the {h"ioil of Soviet Socialist Republics and its people for the many casualties and great damage caused by the severe earthquake in Soviet Armenia. The Philippines, in observing the fortieth anniversary of the Universal Declaration of Human Rights, reaffirms its pledge to promote and achieve, together with the other Member States, universal respect for, and observance of, inalienable human rights and fundamental freedoms. Digitized by Dag Hammarskjöld Library f,_-' - JW4/22 A/43/PV.74 82 (~ Teehankee, Philippines) The Philippines was privileged to participate actively in 1948 in the drafting of this historic document and to be counted among the 48, out of 56, Member states then which supported its adoption. The 3O-article Declaration, purposely written in simple and easily understood language, specified for the first time the basic human rights and fundamental freedoms of all members of the human family that mlJst be guaranteed, respected and Protected by all nations and all peoples. Its adoption was a response to the deepest aspirations of mankind based on t:.'le inherent dignity and equality of all human beings, of whatever race or colour, sex or cr.eed. Today the Declaration has served to inspire the elabOt'a tion and acbption of some 60 international human rights instruments. Its praJisions have been included in naticnal constitutions of MenDer states, including the Philippines. Nevertheless, this is only one aspect of the envisioned international bill of human rights. The Philippines appeals to other Menber States to become parties to the International Covenant on Civil and Political Rights and the International Covenant on Ecooomic, Social and Cultural Rights, which stipUlate in detail the rights outlined in the Declaration. The Phi! ippines reiterates its position that the basic rights enshr ined in these Covenants must be given equal attention by all states since they are indivisible and indispensably interrelated. Her Excellency President Corazon Aquino of the lepublic of the Philippines, upon her assumption of office in February 1986, installed a government strongly committed to the prolTOtion and protection of human rights a."ld flU'ldamental frtaedoms. She forthwith ordered the immediate release of all political prisooers, even those who wO~lld afterwards seek her downfall, and the restoration of the writ of habeas· col'p'?s, the great writ of liberty under ",taidl no one may be detained indefinitely without charges. She ratified the International Covenant on Civil and Political Rights and made the Declaration under article 41 of the Coveni!nt. She has signed the instrument of ratification to its corresponding Optional Protocol, Digitized by Dag Hammarskjöld Library JVM/22 A/43/PV.74 83 (Hr. Teehankee, Phi!ippines) which has been submitted to our Senate now for its coocurrence. We have also acceded to the Convention against 'lbri:ure and other Cruel, Inhuman or Degrading Treatment or Pooishment, and have become a State Party to Protocol 11 to the Geneva Conventions of 12 August 1949. The Philippines believes that the best vanguard against human rights violations is a ci tizenry fully aware of its rights and freedoms. Thus, as part of the process of full restoration and establishment of democratic inst!tutions, the Philippine Commission on Human Rights with full authority to investigate violations and enforce the rights of aggr ieved parties has been functioning since May last year. The Philippine Government has in addition integrated the study of human rights at all levels in schools and in the government service and has made this study part of the cootinuing education programme for the police and the military. Fbrty years after the adoption of the Universal Declaration of Human Rights there are still numerous reports of human rights violations all over the world. has been aptly said that our world has become a global village in which, as the poet said, "Any man's death diminishes ne." Every deliberate violation of the human rights of one person is inflicted on all others. The best way for us to celebrate the fortieth anniversary of the thiversal D!claration of Human Rights is to renew our consecration and resolve at all times to hold inviolate the principles enshrined in it for the pronntion and protection of human rights and human dignity. In closing the Philippine delegation congratulates the six distingu ished recipients of the human rights award, whom we have hoooured this morning for their outstanding achievements in the field of human rights. Mr~' NafORYTA (Poland), Before making my statement I wish to express my compassion to the delegation of the Union of Soviet Socialist Republics on the tragic consequences of the earthquake• Digitized by Dag Hammarskjöld Library • ------"- JVM/22 A/43/PV.74 84-85 (Hr. Noworyta, Pola~) From the point of view of history, the 40 years that have passed since the adoption of the Universal Declaration of Human Rights are a very short period of time, but the world's evolution in that period has proceeded at a more rapid pace; the political. map of the world has been completely transformed, and the extraordinary advances in science and technology have helped to make all of us on this planet aware of the basic unity of our aspirations and anxieties. Digitized by Dag Hammarskjöld Library AW/dsg A/43/PV.74 86 (Hr. Noworyta, Poland) The Universal Declaration at that time set forth inalienable rights - civil, political, economic, social and cultural·· the first and essential prerequisite of constructive activi ties by f!!!Ilery human being. Look ing at the importance of the Universal Declaration of Human Rights from such a perspective, I should like to recall its simple, bold words, an elCXJuent expression of human dignity: "All human beings are born free and equal in dignity and rights. They are endowed wi th reason and conscience and should act towards me another in a spirit of brotherhood." (article 1) As the Assell'bly knows, 40 years ago Poland was actively involved in the process of the elaboration of the Universal Declaration of Human Rights. we tried at that time to help in drafting a document that would effectively serve the cause of progress and denocracy, improve the living conditions of all people and make an effective contribution toward respect for human rights. we then considered, as we still jo today, that: the place of any human being in society depends on his or her social and economic condition~ and that is why it is so important not only to proclaim human rights but also to crea te condi tions tha t will enable these rights to become a reality. It is exactly for that reaSQ1 that we wanted the Declaratim to cmtain basic social and economic rights.. the right to work, the right to equal pay for equal work, the right to education and social security, among others. Nevertheless, when we lcok today at the values of the Declaration, we note with satisfaction that its elaboration and subsequent proclanetion inspired many new instruments, inclUding the International Convention on the El imination of All Forms of Racial DiscriminatiOl'1, the Internaticnal Covenants on Human Rights, the Declaration on Social Progress and Developnent, the Convention en the El imination of Discrimination Against WOmen, as well as the recent tklited Nations efforts in Digitized by Dag Hammarskjöld Library ....------ lItf/dsg A/43/PV.74 87 (Mr. ft)woryta, Poland) this respect~ the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or punishment, dr~ft or the Convention on the Rights of the Child. Thus, not conceived originally as a part of binding international law, the Declaration is accepted today by many States as an international standard, cl ted regularly in interna tional legal instruments, and invoiced in numerous na tiooal constitutions. We recognize these values. Through scientific conferences, sympos ia and seminars, organized tmder the auspicies of the (,hi ted Na Hons Association of Poland, the Polish Institute of International Affairs, and others, the ideals, the spirit and the contents of the U1iversal Declaration have been widely publicized, discussed and studied. In concluding, let me eXpt'ess the hope that the celebration of the fortieth anniversar}' of the Universal Declaration will produce new ideas in the wide field of human activity called human rights, especially economic, social and cultural rights. we are strongly convinced that the international climate is propitious today for new ideas in these vital fields. We join all voices suggesting that this anniversary should not only be an occasion for ceremc::nies or commemora tive events, but should also prollDte all activities which could effectively serve the cause of human rights and their pronotion. It is important that one of these activities today is to s timula te early rat!fication, by the States that have not done so, of international instruments elaborated in the framework of the Unibed Nations. let the observance of this anniversary be a new step forward in the direction of a noble cause'& all human riCjhts foe all people in accordance with the letter and spirit of the Oliversal Declaration. The meeting rose at 1.15 p.m. Digitized by Dag Hammarskjöld Library