être. The Face of Human Rights. Art and Human Rights—an experiment foundation of our foreign policy. Switzerland’s leitmotiv is être. The Face of Human Rights. We can raise awareness by giving human rights an that of respect for human rights, peace, direct democracy, image, for instance by using the media of fine arts, film, The Cultural Foreign Policy Centre of the DFA is supporting and sustainable development. Following Switzerland’s accession to the United Nations, photography or language. the present exhibition “being — the Face of Human Rights” the Federal Department of Foreign Affairs presented an out of the conviction that art, more than any other means Hugo Loetscher, the well-known Swiss author who has exhibition to the United Nations Office at Geneva entitled Human rights are universal and indivisible. Respect of human expression, is capable of revealing not only given considerable thought to the essence of photography, “being” which was mounted at the Palais des Nations to for and the implementation of human rights are essential the absolute but the less easily definable and identifiable writes: mark the opening of the 60th session of the UN Commission for a life in dignity for each individual in the world. aspects of human rights. “Everything that is merely visual is inadequate. This on Human Rights. Everyone must be able to claim respect for their human deficit, however, is also the creative opportunity to show rights by the State. Diplomacy found itself confronted with totally new not only what the eye can see but also to reveal what In response to the lively interest shown in “being” by our challenges after the end of the Cold War. At a time when it can’t. The quality of a photograph is its power to enable representations and co-operation offices abroad, Political This exhibition portrays these rights with photographs the world was divided into blocs, each activity related to us, the viewers, to offset this deficient and to establish Affairs Division IV in collaboration with Lars Müller, the from the collection compiled by the agency, Magnum foreign policy moved within a clear system of coordinates a totality through our identification with the subject. Trans- curator of “being”, have developed a follow-up exhibition Photos in Paris. They not only capture human rights and had recourse to symbols and images that were valid lation is something that not only occurs between languages to tour the Swiss representations and co-operation offices violations but also record the reality of a life in dignity in every respect and were rapidly identifiable. but also between the senses and our inner being.”* abroad. and peace.

Ten years later, it had become one of the most demanding Nicolas Bideau Human rights are comprehensive and universal. They are Wolfgang Amadeus Bruelhart tasks for diplomats to impart to their political work a Head, Cultural Foreign Policy Centre valid throughout the world and for everyone, and they Head of Human Rights Policy Section Swiss Federal Department of Foreign Affairs Swiss Federal Department of Foreign Affairs distinct meaning and direction and to prove themselves are applicable to all areas of life. Human rights are rights within the newly defined system of international relations. that can be demanded. The “rights-based approach” In view of a world that is becoming more global in its in principle allows no compromise because either a given functioning and its flood of information, it is an especially situation is consistent with human rights or it constitutes difficult undertaking. a violation of them.

What are the images and symbols that illustrate our pres- It is easy to talk about human rights. However, many ent foreign policy? We are well aware that pictures can people are still unable to assert their rights either because move us. A photograph often says more than a long they are unaware of them, or because they do not have discourse or a resolution with qualifying clauses. And the means to do so, or because they are prevented from they seldom require someone to interpret them. We need doing so by the State. the artistic content of photography to describe the nature of our work, and to point out the values that form the *In: “Durchs Bild zur Welt gekommen.”, Zurich 2001 How can people be made aware of their own rights? Human rights and human dignity necessary for the effective protection of their dignity. Half a century after the adoption of the Universal and Eastern Europe. After the tragedies in Former Although the Universal Declaration of Human Rights is Declaration of Human Rights we have to ask ourselves: Yugoslavia and Rwanda, it has become possible to punish What are human beings and what are they entitled to? not a legally binding document but merely the outline Have the international efforts to protect human rights the worst human rights offenders through international Societies have debated this question for centuries, but it of a “human rights project”, it became the starting point failed? The extent to which fundamental rights are courts. Human rights serve increasingly as a criterion was not seriously addressed in an international context for the protection of human rights that is now enshrined violated on every continent is indeed shocking. Human on which States base their relationship with other countries, until after the Second World War. The Universal Decla- in a wide range of legally binding conventions. rights, however, do not designate what is but what ought and they have an increasing impact in many spheres, ration of Human Rights which the UN General Assembly to be. They are not statements of facts. As normative ranging from extradition of criminal offenders to develop- solemnly proclaimed on 10 December 1948 “as a The seven UN Core Human Rights Conventions values, they provide us with a yardstick for measuring and ment cooperation or even international trade. Finally, common standard of achievement for all peoples and all – International Covenant on Economic, Social and evaluating reality. In this regard, human rights are never human rights provide oppressed people all over the world nations” gives a clear answer to this question: “All human Cultural Rights 1966 as important as at the time of their violation, for what with a vision and a justification for their demand for justice, beings are born free and equal in dignity and rights. – International Covenant on Civil and Political Rights 1966 remains for the victims of torture in their misery and agony freedom and equality. They are endowed with reason and conscience and – International Convention on the Elimination of All Forms is at least the knowledge that they are morally and should act towards one another in a spirit of brotherhood”. of Racial Discrimination 1965 legally right and that the torturer is wholly in the wrong. What are human rights? Everyone is therefore entitled to all human rights set out – Convention on the Elimination of All Forms of International human rights are the legal instruments in the Declaration without discrimination based on gender, Discrimination Against Women 1979 In a historical perspective, international human rights of individuals in their relations with the state or state-like ethnic origin, religion, political or other opinion or similar – Convention Against Torture and Other Cruel, Inhuman protection may still be in its infancy, but much has been entities. They are guaranteed by international law for reasons. Thus, human rights are legal instruments aimed or Degrading Treatment or Punishment 1984 achieved: until the mid-20th century international law the purpose of protecting human beings, their fundamental at protecting the fundamental dignity and basic needs – Convention on the Rights of the Child 1989 expressly allowed each state to decide, in the name needs, and their dignity in times of peace and war. of every individual. – International Convention on the Protection of the of sovereignty, whether it should grant or deny its citizens Rights of All Migrant Workers and Members of Their certain rights. Today binding standards make it possible Walter Kälin and Judith Wyttenbach Human rights are grouped in different categories, ranging Families 1990 to denounce human rights violations not only morally but from basic guarantees to protect life and limb, including also legally, and States are no longer entitled to shield the prohibition of torture or arbitrary detention and the The three Core Regional Human Rights Conventions themselves against such criticism by invoking the argument right to a fair trial, to various freedoms such as freedom – European Convention for the Protection of Human of interference in their domestic affairs. Many States grant of opinion, assembly and religion as well as a whole range Rights and Fundamental Freedoms 1950 victims of human rights violations the right to bring their of economic, social and cultural rights, including the – American Convention on Human Rights 1969 case before international courts and quasi-judicial bodies. rights to work, food, health and education. In drawing up – African Charter on Human and Peoples Rights 1981 In the second half of the 20th century, the universal this list in the Universal Declaration of Human Rights, recognition of international human rights contributed sig- the international community set forth in an international nificantly to advance the process of decolonization, document and for the first time in the history of humankind to defeat the military dictatorships in Latin America and a definition of the main rights of human beings that are elsewhere and to end the totalitarian regimes in Central What is the value of a human life?

THE RIGHT TO LIFE

Every human life is unique, and the protection of human right to life imposes an obligation on states to protect life is a priority. The right to life is the basis of life in people against killing by private entities. International security. Human rights prohibit killings through the humanitarian law protects the lives of civilians, the sick excessive use of force by police, killings in state prisons, and the injured and also prohibits the use of certain Martine Franck, France, Ivry-sur-Seine, 1975 extra-judicial executions and genocide. Human rights weapons of mass destruction. Gilles Peress, Bosnia-Herzegovina, Llijas, 1996 also restrict the use of the death penalty. Moreover, the Larry Towell, El Salvador, San José las Flores, 1995 How can they saw I am different just because of the colour of my skin?

PROHIBITION OF DISCRIMINATION

Who we are depends to a large extent on our gender, worse treatment than others on the grounds of such our ethnic and social origin, our religious and political features and if there is no objective justification for such convictions and our mother tongue. Illegal discrimination discrimination, that person’s identity as well as their is a belittlement of our identity. If a person is given dignity are violated. Martin Parr, Zimbabwe, Harare, 1995 Peter Marlow, U.K., Margate, 2002 Martine Franck, France, Le Gaou, 1985 Why is half the planet hungry?

THE RIGHT TO FOOD

Enough food is produced in the world to feed everyone. hunger, to grant them access to available food and to Many people are starving, however, not because of a water and to pursue economic policies that ensure long- food shortage but because they are too poor to buy food term food security. In emergency situations, the people or their land is not productive enough. The right to food affected must be adequately fed. Starvation must never Ferdinando Scianna, Ethiopia, Makallè, 1984 imposes an obligation on states to protect people from be used as a weapon in armed conflicts. Stuart Franklin, France, Burgundy, 2001 Alex Majoli, Macedonia, Blace, 1999 Must a woman’s life in some African countries be so much shorter than in Western Europe?

THE RIGHT TO HEALTH

The answer is “No!”. With adequate basic medical obliges states — in accordance with their financial means — provision for treating diarrhoea and other viral diseases to set up a professional health system that is available for example or for looking after pregnant women and to all and to protect people’s health against avoidable babies, life expectancy could be significantly raised even dangers, the spread of curable diseases and working Chris Steele-Perkins, Somalia, Mogadishu, 1992 in poor countries. The right to adequate health provision conditions that endanger health. Bruno Barbey, Brazil, 1966 Martin Parr, France, Paris, 2001 Is it human to live in a cardboard box?

THE RIGHT TO HOUSING

To live in dignity, people need adequate housing. Ade- without legal proceedings and prohibits the demolition quate in this context does not mean that every family has of the housing of unpopular minorities. The authorities to live in a villa. Adequate means somewhere to live must also ensure that in emergency situations homeless in safety, peace, and privacy and where one feels secure. people are provided with accommodation. Ferdinando Scianna, Italy, Martellago, 1985 The state must respect and protect housing. The right to Steve McCurry, Morocco, Ouarzazate, 1988 housing prohibits the eviction of tenants from their homes Bruce Gilden, Japan, 1999 Why should we be allowed to have secrets?

THE PROTECTION OF PRIVATE LIFE

Secrets are a private matter. How we organise our day, such as arbitrary surveillance of persons, illegal house how we live, what we eat, where and with whom we spend searches and the abuse of personal data. The free choice our free time, whom we marry and how we bring up our of spouse and the right to conduct one’s family life children are private matters. The right to privacy protects according to one’s own wishes are protected by the right Bruno Barbey, Spain, Andalusia, 1987 individuals against inadmissible interference by the state to marriage and to family life. Raymond Depardon, France, Paris, 2003 John Vink, Cambodia, Phnom Penh, 2002 What are we supposed to believe in?

THE FREEDOM OF THOUGHT AND BELIEF

People are free to think and to believe whatever they texts, and to manifest one’s own faith. The public practice want. The freedom of inner, private belief and of religion of faith and of religious customs may be restricted only is absolute and cannot be restricted under any circum- when serious security concerns take precedence or the stances. Freedom of religion includes the right to build protection of other people so dictates. Gilles Peress, Croatia, Krajina, 1995 sanctuaries, to give religious instruction, to write religious Ferdinando Scianna, Italy, Assisi, 1986 Gilles Peress, Bosnia-Herzegovina, Ahmici, 1993 Is it possible to be free and equal without education?

THE RIGHT TO EDUCATION

Education is the key to economic activity and to a profes- therefore the right of children to free and compulsory sional life, while the lack of education is often synonymous basic education. Moreover, this guarantee commits states with poverty. Education also means access to information within the limits of the available finances to provide and the acquisition of skills that are essential in order access to higher education for all those whose ability Ferdinando Scianna, Yemen, Al-Gabel, 1999 to exercise other human rights, for example political rights. warrants it. Ian Berry, South Africa, Orange Free State,1994 The most important element of the right to education is Stuart Franklin, U.K., Oxford,1994 Human capital or human beings?

THE RIGHT TO WORK

Although work is an important part of conquering poverty exploitation, and guarantee every man and woman and earning a decent livelihood, many men, women and access to the labour market, demand fair working children are forced by material need to work in inhuman, conditions even in private work relationships, and give exploitative conditions. Human rights prohibit forced employees the right to organise themselves in trade Gueorgui Pinkhassov, Vietnam, Cam Pha, 1994 labour as well as traditional and modern forms of slavery. unions. Harry Gruyaert, Tunisia, Tunis, Soukh of Chechias, 1995 Human rights also protect children against economic Jean Gaumy, France, Paris, 1987 Who has the right to own what?

THE PROTECTION OF PROPERTY

The state is not obliged to provide people with property issues arise during land reforms and when the traditional but it is obliged to protect existing property rights. The areas of settlement of indigenous peoples are exploited three major regional human rights conventions guarantee commercially. An International Labour Organization all persons the right to the acquisition and unimpeded convention calls on states to respect and to protect the Martin Parr, France, 1999 use of property. International humanitarian law protects traditional property and possession rights of indigenous Martine Franck, Ireland, Tory Island, 1995 civilian property in armed conflicts. Complex property peoples. Raymond Depardon, Rwanda, 1994 “How does one man assert his power over another, Winston?” —Winston thought. “By making him suffer”, he said. George Orwell, “1984” (1949)

FAIR TRIAL AND PROHIBITION OF TORTURE

People on trial or who have been arrested or interned are and persons in psychiatric and other institutions must be at the mercy of the state and are particularly vulnerable. treated humanely. The prohibition of torture and of cruel, In such situations, human rights require that such people inhuman or degrading treatment is absolute. Even under be given a fair trial, i.e. one where the principle of the extreme circumstances, this principle must never be Patrick Zachmann, Chile, Santiago, 1998 presumption of innocence and a right to effective defence violated. Thomas Dworzak, Russia, Chechnya, Grozny, 2002 are respected. Prisoners on remand, convicted prisoners Paolo Pellegrin, Occupied Palestinian Territory, West Bank, Ramallah, 2002 Should the word ’free’ only be allowed in such statements as “This dog is free from lice”?

POLITICAL RIGHTS AND FREEDOM OF EXPRESSION

Having one’s own opinion, disseminating views and and of opinions, even though they may be critical, politi- exchanging ideas and information are means of promoting cally provocative or unconventional. Everyone has the social interaction and political discussion in a pluralist right to associate with others in political parties or interest society. The right of freedom of expression and freedom groups, and every citizen has the right to participate in Thomas Dworzak, Georgia, Tbilisi, 14 November 2003 of the press protects the dissemination of knowledge regular, free and fair elections. Francesco Zizola, Italy, Rome, 15 February 2003 Ferdinando Scianna, Hungary, Budapest, 1990 Nowhere to run, no place to hide?

THE RIGHTS OF REFUGEES AND DISPLACED PERSONS

People who have to flee their country because they are the persecuting state. Internally displaced persons are being persecuted for political, religious or similar reasons refugees within their own country; they have a separate have no government to help them. They are dependent status. As citizens of the country where they are resident, on international protection. The 1951 Refugee Convention they are entitled to invoke all the human rights that Gilles Peress, Tanzania, 1994 grants people in this situation several rights in the country apply in that country. However, there is no special human Gilles Peress, Bosnia-Herzegovina, Sarajevo, Skanderia, 1993 where they claim refuge. The most important of these rights convention that addresses their needs. Ferdinando Scianna, Italy, Brindisi, 1991 rights is that of protection from enforced deportation to “être. The Face of Human Rights.”

Edited by the Federal Department of Foreign Affairs of Switzerland Political Division IV, Human Rights Policy Section Political Division III, Cultural Foreign Policy Centre

Concept: Walter Kälin and Lars Müller Curator: Lars Müller Coordination Magnum Photos: Andréa Holzherr Tex t: Nicolas Bideau, page 2; Wolfgang Amadeus Brülhart, page 3 Walter Kälin and Judith Wyttenbach, page 4-30 Original Text in French Design: Integral Lars Müller/Claudia Klein This exhibition is an excerpt from the publication “The Face of Human Rights”, 2004 © Lars Müller Publishers © for all photographs: Magnum Photos

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Federal Department of Foreign Affairs of Switzerland

Exhibition created with the archives of Magnum Photos