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Statement by the UN High Commissioner for Human Rights

Monday, 13 December 2010 - 12:40 PM SL Time

Monday, 13 December 2010, 10:17 am
Press Release: United Nations
Human Rights Day 10 December 2010

Statement by the UN High Commissioner for Human Rights - Navi Pillay

Since the United Nations was established over 60 years ago, there have been dramatic advances in crafting and implementing a system of universal human rights rights which are, under international law, applicable to each and every one of us: old and young, male and female, rich and poor, whoever we are and wherever we are from.

We know the names of some of those who changed human rights history: those who were in the vanguard of the struggle to abolish slavery, such as William Wilberforce those who engineered major advances in women`s rights, such as Gloria Steinem, Huda Shaarawi and Simone de Beauvoir. We also know about those who tackled the injustice of colonialism such as Mahatma Gandhi, and those like Martin Luther King, Nelson Mandela and Rigoberta Menchu who campaigned to end institutionalized racism and discrimination against minorities and indigenous peoples.

But these inspirational figures could not have done what they did without the help of many others whose names we don`t know. Efforts to end slavery spanned 1,000 years, and still continue with adults and children being trafficked for sex and indentured labour. After a mammoth struggle that lasted more than 150 years, women have won the right to vote almost everywhere, but still lack many other fundamental rights.

We owe the progress we have made to the enormous efforts of hundreds of thousands of largely unsung heroes, known collectively as human rights defenders. Human rights defenders come from all walks of life, ranging from princesses and politicians, to professionals such as journalists, teachers and doctors, to people with little or no formal education. There are no special qualifications. All it takes is commitment, and courage.

We can all be human rights defenders, and given how much we owe to others for the rights many of us now take for granted we all should be human rights defenders. At the very least, we should do our utmost to support those who do defend human rights. Every year, thousands of human rights defenders are harassed, abused, unjustly jailed and murdered. That is why Human Rights Day 2010 is dedicated to Human Rights Defenders and their courageous battle to stop discrimination of all sorts. We need to stand up for their rights as much as they stand up for ours.

Some of those who are unjustly detained become the subject of international efforts to win their freedom. This spotlight can provide them with a significant measure of physical protection, even if it does not always win them a speedy release. But most of those detained by repressive authorities languish largely unnoticed in jails, under house arrest, in `re-education centres.` Often their families are targeted as well. Some of those killed like Russian journalist Anna Politkovskaya, murdered outside her apartment in 2006, and Floribert Chebeya

Bahizire, the Congolese human rights defender found dead in his car earlier this year are remembered and revered. But many of those less well-known defenders who are murdered for their belief in human rights remain unknown to the wider world. The work of human rights defenders is as vital today as it has ever been, because hundreds of millions of individuals still suffer directly or indirectly from some form of discrimination every day.

There are an estimated 370 million indigenous people in the world, a great many of whom face discrimination. Even in the developed world, the life expectancy of some groups of indigenous children born today is up to 20 years less than that of non-indigenous children. Minorities suffer similar disparities. In Latin America, for example, the some 150 million people of African descent tend to be trapped in poverty to a much greater degree than other sectors of the population.

Similarly, of the estimated 650 million people with disabilities, more than two thirds (426 million) are living below the poverty line in developing countries. Women half the world`s population still face rampant discrimination in some societies, and more subtle versions in others. One of the most alarming of many depressing statistics on this issue, is that 70 percent of the 70-100 million children who are not attending school are girls.

Around 100 million people are forced into poverty each year because they have to pay for health care. In many countries, children from poor backgrounds are 10 times less likely to be vaccinated than those whose parents are better off, and poor women are up to 20 times less likely than the richest 20 percent of women to give birth in the presence of a skilled health worker capable of saving their lives. The more than 200 million migrants worldwide, and especially the irregular and undocumented migrants among them , face racism, xenophobia and other chronic forms of discrimination, in both developed and developing countries.

These are some of the daunting challenges facing today`s and tomorrow`s human rights defenders. I wish to salute their selfless determination. They work tirelessly in on all the issues singled out above, and many more besides for example sexual orientation and the rights of stateless people, older people and those living with HIV. One important set of statistics is missing: we have no idea how many human rights defenders there are, or how many of them are intimidated, harassed, beaten up, jailed or killed each year. We have also failed to develop ways to measure their successes, which are often credited not to them but to the politicians or governments that finally listen to them or give in to their pressure. We need to do a much better job of defending our defenders.

The 21st century is witnessing the emergence of new economic and political forces, which, like others before them, will face the responsibility of promoting development at home and abroad while at the same time being held accountable for their actions. Human rights defenders will play a crucial role in this process, by pointing out flaws and benefits in current and future policies and actions. Yet, despite the benefits they bring to society, in some parts of the world they are facing increased harassment, persecution and restrictions on their activities, especially freedom of speech.

On this Human Rights Day, I call on Governments to acknowledge that criticism is not a crime, and to release all those people who have been detained for peacefully exercising their fundamental freedoms to defend democratic principles and human rights.


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elephanthouse
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LK Information  13 Dec 2010 06:41:21 GMT  Report for Abuse  
Ban: Message on Human Rights Day
Monday, 13 December 2010, 9:10 am
Press Release: UNMIT
10 December 2010

Human rights are the foundation of freedom, peace, development and justice and the heart of the work of the United Nations around the world.

Laws to protect and promote human rights are indispensable. But quite often, progress comes down to people, courageous women and men striving to protect their own rights and the rights of others, determined to make rights real in people s lives.

It is these human rights defenders to whom we dedicate this year s observance of Human Rights Day. Defenders are a diverse group. They might be part of a civil society organization, a journalist or even a lone citizen, spurred to action by abuses close to home. But they all share a commitment to expose wrongdoing, protect the most vulnerable and end impunity. They stand up, speak out and today they tweet in the name of freedom and human dignity.

Human rights defenders play a vital role in the fight against discrimination. They investigate violations and help victims gain justice and support. Far too often, their work entails tremendous risk. Defenders are harassed, stripped of their jobs and wrongfully imprisoned. In many countries, they are tortured, beaten and murdered.

Their friends and family members are also subjected to harassment and intimidation. Women human rights defenders face additional risks, and therefore need additional support.

This Human Rights Day is an occasion to salute the courage and achievements of human rights defenders everywhere and to pledge to do more to safeguard their work.

States bear the primary responsibility to protect human rights advocates. I call on all States to ensure the freedom of expression and the freedom of assembly that make their work possible.

When the lives of human rights advocates are endangered, we are all less secure. When the voices of human rights advocates are silenced, justice itself is drowned out.

On this Human Rights Day, let us be inspired by those seeking to make our world more just. And let us remember that everyone no matter their background, training or education can be a human rights champion.

So let us use that power. Let us each be a human rights defender.

elephanthouse
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LK Information  13 Dec 2010 06:44:01 GMT  Report for Abuse  
Good article from the Brisbane Times / Australia:

Human rights must not be party political
Emily Howie and Phil Lynch
December 13, 2010 - 11:58AM

Advertisement The new government is in danger of taking a regressive step.

Four years ago Victoria led the way when it became the first Australian state to pass a Charter of Human Rights. The charter was much more than a dry legal document or arid statement of principles. It hit the statute books after significant public consultation. The people who testified overwhelmingly called for human rights to be better protected in law and practice.

Since it came into effect, the charter has quietly provided much-needed human rights protection for all of us, and particularly the most marginalised and disadvantaged people in our community.

With the recent change of government in Spring Street, the future of Australia's first state charter is less certain.

In his Human Rights Week address last week, state Attorney-General Robert Clark spoke for the first time about his plans for the Victorian charter. While stopping short of saying he would repeal it, the attorney described the charter as ''riddled with flaws'', saying that it ''could not continue in its current form''. It will be reviewed next year.

Having been the first Australian state to enact a charter of rights, however, let's not become the first to take the regressive step of repealing one.

One of the most striking things about the charter is that its impact has not been most strongly felt in courtrooms, but in everyday interactions of people with public services.

Here are a few examples. It was cited by young people with acquired brain injuries to prevent being moved to live in aged-care facilities. It was also used by people affected by Black Saturday to ensure their voices were heard in the Bushfires Royal Commission. Following arguments that the ''right to life'' required the commission to ensure involvement by families of people who died or were seriously endangered by the fires, the commission adopted the sensitive practice of hearing daily evidence from bushfire survivors.

At its heart, the charter requires government to comply with human rights. This obligation has been the catalyst for cultural change in the way that government services are also delivered. The Victorian Equal Opportunity and Human Rights Commission described the charter as ''reinvigorating and reinforcing existing ethical frameworks and principles of practice''.

Because government is legally bound to comply with human rights, and sometimes this does not happen, people have gone to court to enforce their rights under the charter. This has led to fair and commonsense outcomes that are important to the lives of ordinary people involved.

A man who was subject to involuntary and invasive mental health treatment was successful in obtaining judicial review of his treatment after the Mental Health Review Board delayed his hearing for over a year. In another case, a man and his three-year-old son who wanted to remain in their public housing following the death of the man's mother, who was the tenant, relied on the ''right to family and home'' to avoid being evicted into homelessness.

There are two essential elements that give the charter teeth: first, government's duties to consider and comply with human rights and, second, the ability to enforce rights in the courts. Both aspects are crucial to ensuring remedies for violations and the inspiration for cultural change.

The attorney-general's comments last week, in which he also expressed a preference for ''clear statements of government services and the standards to which individuals are entitled'' over a comprehensive charter enshrining legal responsibilities, are worrying for two reasons.

First, the attorney's vision for the charter appears to be of an unenforceable and aspirational instrument, which lacks both of the key ingredients that give the charter its teeth. If you remove government responsibilities and judicial oversight, as suggested by the attorney, you remove the very mechanisms that provide protection and create real and beneficial change.

Just as drink-driving laws are sometimes necessary to regulate what should be commonsense behaviour, so too are human rights laws sometimes necessary to regulate what should be commonsense public services.

Secondly, the charter is not a partisan document and it would be a mistake for the charter to be seen as part of a ''left'' agenda or to be used as a political football.

Human rights are not the domain of the political right or the left but are fundamentally a set of universal principles that seek to advance the freedom, respect, equality and dignity of all human beings. They have champions on all sides of politics.

Indeed, human rights laws have long been championed by conservative politicians. Sir Winston Churchill was a key early proponent of the European Convention and a British Human Rights Act, calling for a charter of human rights ''guarded by freedom and sustained by law''. It was Gough Whitlam who signed the International Covenant on Civil and Political Rights, on which the charter is based, but Malcolm Fraser who, in one of his first acts as prime minister, ratified and brought it into force.

Emily Howie is director of advocacy with the Human Rights Law Resource Centre. Phil Lynch is the centre's executive director and principal solicitor.

elephanthouse
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LK Information  13 Dec 2010 06:49:36 GMT  Report for Abuse  
In Today's Zaman / Turkey

Human rights as a prerequisite for peace and security

Last week Human Rights Day was celebrated around the world as well as in Turkey. Over the years slow but positive developments have continued on the codification of human rights in international law. It is certainly an impressive progress that we are talking about.

The Universal Declaration of Human Rights in 1948 was mere a declaration without any legal power, stating the goodwill and moral commitment of the world s nations. But now the international community has a series of conventions and protocols that legally bind the signatory countries concerning human rights. The establishment of the International Criminal Court (ICC) is the most striking accomplishment of this process.

Human rights are generally based on moral values and philosophical preferences. As such they tend to be understood as abstract intellectual endeavors. Yet it is undeniable that respect for human rights has a more day-to-day outcome that includes security at the individual and national as well as global level. First, demands for human rights in its essence reflect the search for the physical and moral integrity of individuals. The idea of the inviolability of basic rights and freedoms aims at securing the individual as an independent and moral agent. Second, a working human rights regime constitutes one of the prerequisites for providing national security, that is, domestic peace based on a wide-ranging social consensus concerning the legitimacy of a political regime. Thus the maintenance of national security depends on the realization of individual security built on the respect for human rights. Third, individual and national security built through a human rights regime domestically is an indispensible part of global security. As such human rights are not only grounded on moral or philosophical arguments but also on a practical and pragmatic base.

The old notion of security was based on a concept giving priority to the protection of the state against external threats. Security was defined through penetration by outsiders. Now, crises that do not involve warfare and do not come from outside yet threaten the very wellbeing of nations are catching the attention of both policy makers and the public at large.

The revival of nationalism and micro-nationalism in the post Cold War era has reinforced the need for international protection of human, and particularly minority, rights. What the rise of ethnic clashes has also shown was the interaction and interdependencies between domestic peace and regional/international security: Both secessionism and suppression of ethnic identities proved to be insecurity-generating policies for the international system.

Post Cold War developments have shown that human rights should be conceived as a necessity for strengthening national and international security and thus they are an asset, not a liability. As a result the place of human rights in international politics has also been legitimized by an increasing understanding that the international protection and promotion of human rights contributes to national and international peace. Thus the debate now seems to be set in a way that human rights and national/international security are complementary concerns and objectives. One does not necessarily exclude the other instead both can be secured at the same time.

There is wide agreement today that human rights have become a global issue within which there has emerged a multiplicity of linkages and interconnections that involve, but also transcend, nation states. As a result, violations of human rights in one country may create unprecedented consequences for other countries, peoples and individuals. While territorial boundaries are becoming more penetrable, transnational implications of human rights violations turn out to be unavoidable. This adds to the source of tension among states. The most striking case that illustrates how human rights violations have transnational impacts and how they create security threats for other states is the massive flow of refugees. The cases of Bosnia, Rwanda, Haiti, Iraq and recently Kosovo clearly illustrate that violations of human rights cannot be contained within national boundaries and that they have transnational implications which in the end provoke and necessitate regional or international interventions, further complicating a basically domestic problem.

While the respect for human rights enhances national security, states that are involved in systematic violations of human rights endanger not only national but also international peace and security.

This leads to an understanding that the search for global peace and security starts with improving human rights conditions at a domestic level since there exists a clear-cut linkage between national and international security. Human rights considerations thus give birth to a notion of global security. The link between individual, national and global security justifies a concern about the fate of individuals everywhere as part of a search for global security.

Fifty years after the Universal Declaration it has become even clearer that peace requires respect for human rights at national and global levels.

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