A/33/PV.79 General Assembly

Friday, Sept. 29, 1978 — Session 33, Meeting 79 — Geneva — UN Document ↗

THIRTY-THIRD SESSION

33.  Thirty years of the Universal Dec!aration of Human Rights: international co-operation for the promoi.:Oq and observ- ance of civil, political, economic, social and cultural rights

The President [Spanish] #2737
With regard to agenda item 33, a draft resolution has been submitted in document A/33/L.18. I call on the represen- tative of India, who wishes to introduce this draft resolu- tion.
Mrs. SAHGAL IND India on behalf of delegations of Bangladesh #2738
On behalf of the delegations of Bangladesh, Ecuador, the Federal Republic of Germany, Guatemala, Jamaica, Jordan, Morocco, Nigeria, Norway, the Philippines and my own country, I should like to introduce the draft resolution entitled "National institu- tions for the promotion and protection of human rights" [A/33/L.18]. This is a procedural draft resolution which seeks, in a preliminary way, to direct the attention of the General Assembly to a very important area ofactivity in the field of human rights. It is an area to which I have already referred in my statement in the general debate under this item [78th meeting] when I said that, in om view, the most effective action for the promotion and protection of human rights could be taken by Member States themselves through the establishment of national institutions for that purpose. 3. At its last regular session, the General Assembly referred to this question in its resolution 32/123, when it suggested that a seminar·should be held in Geneva on the subject of national and local institutions for the promotion and protection of human rights. That. resolution is recalled in the first preanibular paragraph of the' present draft resolution. The Commission on Human Rights·then took up the matter in its resolution 23 (XXXIV),l requesting the Seminar, as a part of its task, to suggest guidelines for the structure and functioning of such national institutions. The Seminar performed that task very ably during its meetings in Geneva from 18 to 29 September 1978. The guidelines suggested by the Seminar and its report are before the 1 See OfFICial Records ofthe Economic and Social Council, 1978, Supplement No. 4, chap. XXVI, sect. A. NEW YO'RK General Assembly in document ST/HR/SER.A/2 and Add.!. This report is noted with appreciation in operative paragraph 1 of our draft resolution. 4. The present draft resolution then reiterates a request made by the Commission on Human Rights to Member States that they comment on those suggested guidelines and send to the Secretary-General all information they may consider relevant relating to their own experience in the structure and functioning of such national institutions. 5. It is our hope that these comments and this matetial will be available to the Commission on Human Rights at its next session, in February 1979. For this reason, we request the Commission to discuss the guidelines suggested by the Seminar and, on the basis of these suggestions and other comments of Member States, to submit recomrr.endations in this regard to the General Assembly, through the Economic and Social Council, regarding the structure and functioning of national institutions. The General Assembly would then consider these recommendations at its next session and, if it so decides, would make thesa recommen- dations available to Member States to assist them in setting up their own national institutions. 6. This then is our procedural proposal, which attempts to stimulate further discussion within the United Nations on the subject of national institutions for the promotion and protection of human rights.
The thirtieth anniver- sary of the adoption of the Universal Declaration ofHuman Rights, which we are now commemorating, is indeed a suitable occasion on which to contemplate the questions connected with international co-operation for the pro- motion and observance of civil, political, economic, social and cultural rights. 8. It is not by accident that the Charter places the reaffirmation of faith in the fundamental human rights of men and women, and of nations large and small, among the corner-stones of this world Organization. 9. The Second World War brought untold suffering to mankind and witnessed violations of the rights of nations, as well as of the fundamental rights and freedoms of the individual, that were without precedent in history. After mankind's bitter experience during the war, the question arose, when the war ended, of how to safeguard human rights realistically and effectively, so as to prevent the recurrence of their suppression and denial. 10. However, the focal point of the safeguarding ofhuman rights and freedoms lies, not only in international 11. The way to such a social system was paved by the great October Socialist Revolution, the establishment of the first socialist State and, later on, of the socialist community of nations, to which m)! country has the honour of belonging. By eliminating the exploitation by some of the work of others, the foundations were laid in Czechoslovakia for genuine equality among citizens, who have been assured the equal exercise of their rights. The socialist society in my country strives consistently to ensure that the fundamental rights and freedoms of its citizens are not only on paper, but are fully realized in practice. The Constitution of the Czechoslovak Socialist Republic provides concrete guarantees of these rights. The socialist social order, with its planned economy, guarantees full employment. At the same time, socialist society endeavours to secure work for everyone according to his qualifications and abilities. Constitutional provisions are reflected in supplementary legislation, such as the laws on free health insurance, on social security, on free medical care for the people, on free education, the labour code, laws for the protection of the family, and others. The Czechoslovak Socialist Republic regards the care of the all-round spiritual and physical development of its citizens as one of its most important missions. It is anxious for all citizens to live their lives as fully an~ happily as possible, to make good use of all their abilities, talents and interests and to play an active part in the administration of their country and its economic and social advancement. 12. Socialist democracy is based on the lact that the greatest number of citizens participate in the administration of the State, the run•..n~ of the economy and the exercise of judicial power. All citizens enjoy the traditional political rights and freedoms, including the right to protection against interference in their private lives, freedom of association and assembly, freedom of conscience, freedom of expression and religious freedom, as well as the right to be without religious conviction. Great care is taken to ensure that penal proceedings are instituted only on the basis of the law and that all legal proceedings are carried out according to valid legal provisions, including the right of the defendant to state his case. A whole. system of guarantees has been established to supervise the observance of legal regulations. 13. By banning war propaganda in the Law on peace, by giving active support to the world peace movement, and in particular by its peaceful foreign policies, Czechoslovakia strives to secure for its citizens a life in peace. Since war, as bitter experience has taught us, always means the most excessive violations of human rights, the preservation of peace must also be the main objective of international activities in the field of human rights. 14. Today we look back at the 30 years th~t have elapsed since the adoption of the Universal Declaration of Human Rights. Its great significance lies in the fact that it represented the fust step taken by the United Nations in 15. We believe that efforts by the United Nations aimed in this direction must be further intensified and international action must be expanded with a view to eliminating systematic, massive and flagrant violations of human rights resulting from the policies of colonialism, neo-colonialism, apartheid, racism, genocide and the suppression of national liberation movements, as exemplified by the situations in South Africa, Namibia, Zimbabwe, the Arab territories occupied by Israel and in Chile. Czechoslovakia will, as it has always done, render its full support in this respect to the activities of the relevant United Nations organs. 16. The idea of international co-operation aimed at the promotion of universal respect for and observance of human rights and fundamental freedoms is one of the noblest in the history of mankind. It was inevitable that this idea always had the support of the socialist countries because, by eliminating the exploitation of man by man and by liqUidating national and all other forms of oppres- sion, these countries created, in an historically very short period of time, the conditions for real equality among citizens and for the introduction into practice of true socialist humanism. The socialist S· ates have yet further developed the idea of human rights and fundamental freedoms and enriched the traditional concept of political and civil rights and freedoms by introducing the concept of social, economic and cultural rights. Czechoslovakia, just like other socialist States and developing countries, has always espoused the principle that fundamental human rights and freedoms have to be expressed in all their complexity, that is to say, that the recognition of these rights cannot be limited just to civil and political rights, but should also include the assurmce of social, economic and·· cultural rights. Great efforts by all democratic forces were needed for the eventual achievement of the codification of these rights in the International Covenants on Human. Rights adopted by the United Nations in 1966 [see resolution 2200 A (XXI)]. The Covenants do not contain mere wishes or recommendations 'of a declarative nature, but provide concrete obligations for the States parties to 17. This applies also to those international treaties that are aimed at the elimination of gross and mass violations of human rights in the world which endanger peace and international security and which, for that reason, are the subject of justified interest on the part of the L'lternational community. These treaties include the International Con- vention on the Elimination of All Forms of Racial Discrimination [resolution 2106 A (XX), annex], the Inter- national Convention on the Suppression and Punishment of the Crime of Apartheid [resolution 3068(XXVlIl), annex], the Convention on the Prevention and Punishment of the Crime of Genocide [resolution 260 A (Ill), annex] and other important documents. 18. The Czechoslovak Socialist Republic, like other socialist countries, ratified all these international instru- ments in the field of human rights arLd consistently ensures the implemen~ationof their provisions. 19. The assumption by all States of international legal obligations in the field of humarL rights, their consistent implementation of those obligations and their co-operation with international bodies established on the basis of the Charter arLd of international agreements arLd recognized by States, arLd the safeguarding of respect for the principles of the United Nations Charter-in particular the principle of non-interference in the internal affairs of States-provide the best possible, arLd, indeed, the only feasible framework for international co-operation in the field of human rights. 20. When speaking about international co-operation and the effective promotion of human rights and fundamental freedoms, we have in mind also the need to eliminate under-developmenl in the world, to restructure inter- national economic relations on a just arLd democratic basis arLd to establish a New International Economic Order which would eliminate all discdmination as well as exploitation of the natural resources of developing countries by inter- national monopolies. 21. The Declaration of the States Parties to the Warsaw Treaty, adopted at the meeting of the Political Consultative Committee held at Moscow on 23 November 1978 [A/33/392-S/12939, annex], stressed that it was necessary to intensify international efforts to solve crucial problems affecting the interests of all marLkind, especially the younger generation, to strive to improve the living and working conditions of the popular masses arLd to eradicate racism, apartheid and propaganda of war, violence, immorality and hatred ofmankind. The States participating in the meeting, including the Czechoslovak Socialist Republic, once again expressed the conviction that true democracy and true humanism were incompatible with the preservation of economic, social and political inequality arLd national and racial discrimination. It is only under socialism that respect for political, civil, economic, social, cultural and other rights is fully assured, as well as the free 22. In conclusion, I should like to say that the Czecho- slovak Socialist Republic will continue, as it has always done, to encourage within the United Nations the develop- ment of fruitful and constructive co-operation among States in the safeguarding of fundamental human rights and freedoms in conditions of peace and international security. 23. Mr. Justice A. Rahman CHOUDHURY (Bangladesh): Three decades ago, on 10 December 1948, the Universal Declaration of Human Righ~ was adopted and proclaimed by the United Nations General Assembly [resolution 217A (Ill)]. In 1976, the International Covenants on Human Rights, adopted unanimously on 16 D~cember 1966, entered into force, thereby completing the International Bill of Human Rights. Thus, the United Nations unequivo- cally affirmed its recognition of the crucial binding link between all States, the essence of its community: the individual human being. 24. We are gathered here today to review and assess the progress that has been made in meeting the goals estab- lished 30 years ago arLd subsequently reaffirmed and promoted by international covenants, not only as common principles arLd starLdards, but as legal obligations that have essentially propounded the abiding truth that: "All human beings are born free and equal in dignity arLd rights." 25. Since that historic day, much has been done in implementing the basic obligation to: "... reaffirm faith in fundamental human rights, in the dignity arLd worth of the humarL person, in the equal rights of men arLd women and of nations large arLdsmall." Approximately 100 nations and their peoples have emerged into sovereign indep'endence from the shadows of subju- gation arLd colonial dependence, radically charLging the context a11d content of our global society. Advances in science and technology have impressed on us more than ever before the interdependence of all nations and peoples. The cause of economic development has emerged in the forefront of the objectives of this world body in view of the inherent realization that peace and prosperity are indivisible and that there CarL be no freedom from fear so long as there is no freedom from want. 26. Much, however, remains to be done. The high goals set in the United Nations International Bill of HumarL Rights can only acquire significance when the principles and standards of the Bill are fully recognized in law and observed in practice and when words are turned into meaningful action. The world body and each Member State, collectively and individually, must generate that necessary political will that will root out the prejudice, intolerance, 27. Political independence, which is an essential pre- requisite to the achievement of human rights in all its aspects, still remains an unattained goal in many parts of the world. We are in duty bound to support ann expedite the attainment of this goal by the struggling people of these beleaguered territories. 33. We have reached a decisive stage in our struggle for fir implementation of basic human rights and we can say that the basic salutary principles have been adopted and accepted by the in:ternational community. It is now our fervent hope that the deliberations will be followed by an effective programme of action in order that we may reach the desired goal. We should not allow narrow self-interest to obstruct our vision and goal. Let us act with devotion and sincerity. When our cause is just, victory shall be ours. 28. It is to, the lasting shame of all of us that, after the adoption of the United Nations Charter in 1945 and 30 years after the adoption of the Universal Declaration of Human Rights, we still have discrimination based on race, religion, language and ethnic origin in many pam of the world. 29. Racial discrimination is an insult and an affront to the human conscience. We unequivocally condemn any dis- crimination based on race, religion, colour, language or creed. As enjoined by our great religion, Islam, and as enshrined in our Constitution, Bangladesh firmly believes in the equality of all men, whatever may be their race, religion, language, colour or creed. It is not merely an article in our Constitution; it is, in fact, an article of faith with us. It is also enshrined in our Constitution as a firm principle of State policy that Bangladesh shall: "... uphold the right of every people freely to deter- mine and l)'lild up its own socIal, economic "and political system by ways and means of its own free choice; and suppott oppressed people throughout the world waging a just struggle againstimperialism, colonialism orracism." It is in this spirit that we support the right of people, freely and by every means at their disposal, to determine their political status and shape their economic, social and cultural development in keeping with their own ideals and interests. Tlus right is directly linked to the struggle of people against' colonialism, racism and apartheid and for political and economic independence and the effective guarantee of their human rights. 30. Despite universal condemnation, the system of racial discrimination continues to imperil world peace, and we consider it the worst form of violation of the fundamental and basic human rights. A primary objective of the world body and the moral conscience of all mankind is the systematic elimination of this abhorrent pacticc. ·31. In the fmal analysis, we still live in a world of horrendous paradoxes. While we seek to better the lot of human beings everywhere, we continue to live under the chilling shadow of global annihilation, for every man, woman and child on earth has been left a legacy of at least 15 tons of TNT per person. We continup. to spend thousands of millions of dollars annually on the means of our own destruction while more than half a billion persons are suffering serious malnutrition or starvation, nearly half of the world's school-age cWldren remain illiterate and 2 billion people throughout the globe lack adequate shelter or health care. It is indeed a sad commentary on our times that today there are more soldiers than teachers. 34. ! should like to conclude by quoting from the message sent or. this occasion by the President of Bangladesh: "It is a matter of great pride and pleasure that today we are observing the thirtieth anniversary of the procla Q mation of the Universal Declaration of Human F~ghts. This Declaration expresses a common understanding of the peoples of the world concerning the inalienable and inviolable rights of all members of the human family and constitutes an obligation for them to promote and encourage respect for human rights and fundamental freedoms for all without distinction of race, colour, sex, language or religion. On this occasion Bangladesh reiterates its whole-hearted support for the principles embodied in this Declaration. "While reaffirming our faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women, we also emphasize the fact that freedom from fear and want can only be achieved by ensuring economic and social rights along with political and civil rights. Bangladesh, therefore, advocates a global approach to human rights encom- passing all its components including the basic human needs. On this auspicious occasion, Bangladesh again pledges to work for t~e full realization of all these rights, which is an essential prerequisite for the achievement of universal peace and harmony within the comity of nations."
The commemoration of the thirtieth anniversary of the Universal Declaration of Human Rights is an opportunity for States Members to undertake an objective and truthful analysis of the endeav- ours of the United Nations to achieve, as 'is wiitten° in-the Charter, "international co-operation . . . in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion." 36. It is also an opportunity to consider the achievements of the United Nations system in the field of human rights and to reaffirm confidence in this system and its effective- ness. 37. The Universal Declarat:on of Human Rights-that first important document elaborated on the basis of the Charter of the United Nations-reaffilmed the faith of the world Organization "in fundamental human rights, in the dignity 39. However, among the rights incorporated in the Univer- sal Dbclaration there are some conspicuous absences. One of these is the fundamental right of peoples to self-deter- mination. 40. When we pause for a moment today to cast a retrospective glance, we cannot but realize the full measure of the significance Cif the right to self-determination and independence. The States that have attained that right now account for almost two thirds of the present membership of the United Nations. That right was further elaborated in another historic document of paramount importance to the United Nations, namely, the Declaration on the Granting of Independence to Colonial Countries and Peoples, adopted by the General Assembly at its fifteenth session, in 1960. 41. The United Nations activities in this field have made a major contribution to the disintegration and collapse of the colonial system and have helped the emergence of a large number of newly independent States. The colonial yoke, slavery, oppression and imperialist exploitation have been done away with in a number of countries. The national liberation struggle of the peoples in colonial territories has been intensified and has been crowned with outstanding victories over colonialism Llat will shine for ever in the history of the United Nations. The fundamental right to self-determination-which is still being vehemently opposed by imperialism and colonialicm-has been reaffirmed in unequivocal terms. In the face of the inhuman oppressive policies of the colonial regimes, the United Nations has recognized the legitimacy of the struggle of peoples in colonial territories to use all the means at their disposal to acp.leve their right to self-determination and independence. 42. Under the Charter, situations where gross and flagrant violations of human rights have occurred and are main- tained on a constant basis obviously warrant the primary concern and attention of the United Nations. The world Organization has struggled to do away with such situations and has won a full measure of support on the part of the countries of the socialist community, the democratic and progressive States and world public opinion. It is the duty of the United Nations to continue to consider and give priority to such cases of mass and brutal violation of human rights as those in Namibia, Zimbabwe and South Africa and regarding the legitimate rights of the Arab people of Palestine, and to propose effective measures which will stop those violations once and for all. 43. A principle, no matter how significant it may be, can easily remain a dead letter if not translated into specific terms as part of legal instruments. In the wake of the Universal Declaration, a number of international agree- 44. In the first place, due credit must be given to the International Covenants on Human Rights as the fllSt legally binding instruments of international scope, both of which, in article 1, proclaim the right of peoples to self-determination. At the same time, the two Covenants show the necessity of recognizing the indivisibility of civil, political, economic, social and cultural rights, as well as the imperative that international co-operation is fundamental for the promotion of human rights. In this respect, my - delegation fully supports the appeal of the Secretary· General, Mr. Kurt Waldheim, to those Governments whica. have not ratified the international instruments on human rights to do so {see A/33/l. sect. VIII]. 45. There are other important international legal instru- ments dealing with various aspects ofhumm rights, such as the International Convention on the Elimination of All Forms of Racial Discrimination, the International Conven- tion on the Suppression and Punishment of the Crime of Apartheid. and others. 46. A number of important resolutions dealing directly or • indirectly with human rights have also been adopted by the General Assembly over the years, thus providing a much more complete framework and content embracing the complexity of human rights issues. Suffice it to mention one of the resolutions of the last regular session of the General Assembly, resolution 3'Z/130, relating to alternative approaches and ways and m';~f!g within the United Nations ~5tem for improving the effective enjoyment ef llUmm rights and fundamental freedoms. 47. These internatioi'.~ agreements md resolutions in the field of human rights have been drafted and adopted within the framework and under the auspices of the United Nations, thus making the principle of respect for human rights one of the generally-recognized principles of contem- porary international law. 48. My country, the People's Republic of Bulgaria, together with the other countries of the socialist com- munity, has been most active in contributing to the establishment of international co-operation for the pro- motion and encourageme~tofhUIilan rights. We have taken a most active part in the drafting of international legal instruments on human rights. We have l'atified all the instruments in this field, being one ofthe first to do so with respect to the International Covenants on Human Rights and the International Convention on the Elimination of All Forms of Racial Discrimination. Bulgaria is a member of the most important United Nations organs dealing with human rights, such as the Commission on Human Rights, the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples, the Committee on the Elimination of Racial Discrimination, the Human Rights Committee and the Sub-Commission on Prevention of Discrimination and Protection of Minorities. Bulgaria faithfully md regularly complies with the require- 49. Bulgarian legislation not only proclaims tha rights and freedoms of citizens-and, incidentally, this was done long before the codification of thp principles in the two International Covenants-but also guarantees the exercise of those rights. The Bulgarian Constitution also stipulates that the main trend in the development of the State is the . constant broadening of socialist democracy. The socialist society in Bulgaria is not satisfied with the mere formal proclamation of economic, social, cultural, civil and polit- ical rightfl and freedoms, but has gone one step further: there are economic and political guarantees for the observ- ance of and respect for those rights. An effective legal system has also been set up to guarantee and safeguard human rights in full compliance with article 2 of the International Covenant on Civil and Political Rights. 50. The picture of United Nations efforts to promote international co-operation in the field of human rights cannot be complete without the examination of certain major issues. An eventual programme for the United Nations in this field must surely include the issues which are vital for mankind. These are the questions of: the right to life or, rather, the right of every human being and every nation to live in conditions of international peace and se,~urity; the material and legal· guarantees for the pro- m)tion of economic, social and cultural rights; and the guarantees against the nefarious effects of the activities of multinational corporations which wpair and violate human rights and fundamental freedoms. 51. The right to life is a basic human right; it is sacred and. inalienable. Yet the forces of imperialism, colonialism and racism continue to violate that right by means of wars of aggression, aggressive acts, military occupation, physical elimination of people, and so on. Let us remember that only a few years ago imperialist wars of aggression violated on a mass and flagrant scale the human rights of the people ofViet Nam. Colonial wars did the same with respect to the peoples of Angola, Mozambique and Guinea-Bissau. The right to life is most seriously threatened now in Zimbabwe and Namibia. The black people of South Africa are forced to live under the inhuman and degrading system of apartheid. The Arab people of Palestine are denied in a most brutal way their legitimate rights. 52. For all these reasons, we cannot accept any contention to the effect that allegiance to the cause of human rights, as propagated by some imperialist circles-and we even heard that here yesterday-entitles them to play tlie role of a universal "watchdog" and to interfere in the internal affairs of States. 53. Imperialism has no moral grounds whatsoever on which to attempt to preach the protection of human rights everywhere, because under its socio-economic system there are widespread violations of human rights and fundamental freedoms. There is mass unemployment and racial discrimi- nation; there is no permanent social security for everybody, no free medical aid for all the people, no paid annual holidays, no guarantee and protection of a home, and so on. "... true democracy and true humanism are incom- patible with the preservation of economic, social and political inequality and national and racial discrimination. It is only under socialism that respect for political, civil, economic, social, cultural and other rights is assured, as well as the free· access of all members of society to employment, education, culture, science, and partici- pation in the administration of the State. The very origin of the new social system is connected with the desire to realize the furdamental human right-the right to a dignified existence free from exploitation-.... The. banner of human rights and freedoms is the banner of socialism."[SeeA/33/392-S/12939, annex.] 55. My country, Bulgaria, is involved, together with other socialist States, in the efforts to maintain international peace and security and to provide condi~ons which will promote the process of international detente for the goc,d of all nations and people. 56. All States are duty-bound to COlT'.mit themselves to upholdir..g and championing the right to life and to work for the establishment of a lasting and jus·' peace. 57. The path to be followed to achieve this end is naturally the path leading to the reaffirmation of tt.a process of international detente and to a sincere approach to promoting international co-operation among States. Obviously, all would agree that only in conditions of international detente can Member States ensure and guarantee tiris fundamental right to their peoples. 58. Of course, this is not a simple question; but that is why, being aware ofits overwhelming importance, we must approach it constructively. The maintenance ofworld peace and security, which is the main objective of the United Nations, predicates the whole problem of the promotion of human rights. The adoption of effective measures towards general and complete disarmament, towards the halting of the arms race and the use of scientific and technological achievements for the benefit of mankind, and the restruc- turing of international economic relations will undoubtedly have a tremendously positive impact on the observance and promotion of human rights throughout the world. 59. Miss DE PAnUA (portugal): If we today read the Universal Declaration of Human Rights and pause for a moment, diverse thoughts come to mind. Throughout the document we come across the human values that we were taught to cherish and we end up conscious of how much still remai!lS to be done before the world C&Il enjoy the oonefits of humanism. 60. All human beings are born free and equal in dignity and rights. Everyone has the riglJ.t to life, to be free from torture; the right to freedom of thought, conscience and reHgion; to freedom of opinion, of association; and the right to take part in the government of his country. Everyone has the right to social security, to work, to the free choice ofemployment; to a standard of living adequate 62. Portugal could not allow to go unnoticed the 10th of December 1978, the thirtieth anniversary of the Universal Declaration of Human Rights. I shall not dwell on the histof'J of this document, as it is well known to us all but should like to say a few wordo: about the significance of this commemoration for my country. 63. The Universal Declaration is recognized by the Portuguese Government aB law, and its principles are enshrined in our Constitution. I am glad to announce here on this. occasion, that Portugal became a party to th~ InternatIOnal Covenants, one on economic social and cultural rights and the other on civil and political rights in Se~te~ber of. this year. 'VIe have therefore accepted the mam mternatIonal commItments in the field of human rights and our society is moving towards the aims set forth in these instruments. 64. Consistent with our aCGeptance of international obligations, we in Portugal are aware of the responsibilities this commitment involves. Respect for human rights and fundamental freedoms entails a delicate balance between the rights of the individual and the power of the State, between individual duties towards the community and the rights of the community as a whole. It comprises a deep respect for human digllity both in. its spiritual and in its physical dimension. . 65. Portugal is among the nations where human rights are respected, primarily through the strong devotion of the Portuguese people to its freedoms. It is precisely this devotion that we celebrate today. We bear in mind, however, that there is still much to be done on behalf of human rights in order to establish a society that will proVide its members with favourable conditions for the full realization of the human personality. 66. Everyone is entitled to a social and international order in which the rights and freedoms set forth in the Universal Declaration of Human Rights can be fully realized. This assertion extends the scope of human rights to international life. 67. The purpose of the establishment of the United Nations was to br...1g together all countries in an effort to achieve an international order where war would no longer be possible. The efforts of the international community towards peace have brought about the recognition that, in trying to achieve international stability, States must respect th;:- rights both of it2 citizens and of other nations. This philosophy has introduced new con.cepts in relations among peoples. Let us only recall the importance of the recogni- hu~an rights. The European Commission of Human Rights ~d 'the European Court of Human Rights are the monitor- mg and recourse procedur~s available to individuals whose human rights have been infringed upon. For it is useless to have all categories of rights described in legal systems if there are no mechanisms provided for their enforcement.
The Universal Decla- ration of Human Rights 15 indeed a revolutionary docu- ment. In it the right£ uf the individual were declared to be the concern of the international community. Since 1948, the Universal Declaration has become one of the best known and most influential documents of all timf'. Its provisions have been incorporated in national Constitutions all around the world. Many national, regional and inter- natio~al organizations have been based on its principles. ~ost l~portantly, it has inspired the development of those mternatIOnal standards which have come into being over the last 30 years. The Declaration and the International Covenants on Human Rights are the ultimate standard- setting instruments covering the whole field of human rights-economic, social, cultural, civil and political. Together they constitute the comprehensive "International Bill of Human Rights" proposed at the first session of the General Assembly, in 1946.4 70. But how.much progress has been made, 30 years after the proc!amatlOn of the Declaration? Developments in the huma~ nghts field are, of course, difficult to quantify. The ent~ mto force of the International Covenants two years ago IS one touchstone of progress made. There can now be no doubt about the nature of the rights which the United Nations has the duty to promote; or of the legitimacy of the concern which the international community may express when faced with gross violations of human rights. 71. The recent upsurge of interest in human rights issues is another bench-mark. World public opinion is focusing on human rights issues more than ever before. The United. Nations is preparing a draft convention on the elimination- of .discrimination against women,s a draft convention agamst torture and other cruel, inhuman or degradiilg treatment or punishment6 and a draft convention on the rights of the child.? We have moved beyond the declaratory sta~, beyond rhetoric and theory, and into the field of actIon. 73. As a Pacific country, New Zealand i~ well aware of the needs and aspirations of developing countries. Many newly independent States that have joined the United Nations in the last 15 years have fought for self-determination and are still fighting for their economic survival. It is under- ~tandable that they may have different priorities and different emphases in promoting human rights among theh peoples. 74. For that reason, New Zealand was happy to co- sponsor the draft resolution which resulted in resolution 32/130, by which the General Assembly decided that the thirtieth anniversary should be marked by an over-all an&1ysis of existing problems in the human rights field. That resolution called for renewed efforts to find alternative approaches and new ways of making it possible for all people to claim the full range of human rights, taking into account the experience and cantributions of both devoloped and developing countries. There is an urgent need for all Member States to be flexible and to consider carefully proposals which aim to increase the capacity of the United Nations to promote human rights fe; all people. 75. My delegation welcomes the wide-ranging and con- structive discussions on human rights problems that have taken place over· the last year. The trends are clear and encouraging: they are towards a balance between the traditional human rights concepts and a very proper concern with massive violations of human rights and with the link between the promotion of human rights and the New International Economic Order; towards an understand- ing of the link between economic, social and cultural rights and the enjoyment of civil and political rights; towards a broader, less selective approach to the consideration of gross violations of human rights; towards an understanding of the particular problems faced by minorities, dis- advantaged in many societies because of race, sex, religion, age or disability; towards the adoption by consensus of recommendations for action in this sensitive area; towards the development of further human rights machinery on the national and regional levels; and towards greater co- 77. Many groups in New Zealand society have joined our search for ways of improving the effective enjoyment of human rights on the national level. This high degree of public interest is reflected in a new law, the Human Rights Commission Act, which came into force this year. The Act, which establish~s a Human Rights Commission to deal with complaints of racial, religious or sexual discrimination, codifies that respect for human rights w!lich has long had a central place in our traditions. 78. Although the fmal responsibility for the promotion and protection of human rights rests with Member States, the role of individuals and of international and national non-governmental organizations is vital. Countless individuals and organizations in all parts of the world, including many here within the United Nations system, are making a very real contribution. Some were honoured yesterday at a special ceremony by the award of prizes, and that was certainly fitting. Many others, however, also work hard without much recognition. Their role in generating public interest and concern and in identifying problems, ofte:;} in areas where Governments feel unable to speak out, gives them a different perspective which complements that of Member States. In public education and information, their work is an essential adjunct to that of the United Nations. 79. In tins thirtieth anniversary year of the Umversal Declaration of Human Rights, the monumental human rights problems before us show only too clearly that more and more emphasis must be placed on education if the root causes of human rights violations are to be elimi.'lated. As we move into the next decade, informed public opinion must play an essential role in alerting Governments and in sustaining progress towards a more just and equitable life for all people.
Together with other Member States of the United 81. The mess"ge brought by the Romanian delegation to this session of the General Assembly on this solemn occasion is imbued with IT'y country's deep conviction that the whole human rights question is a major ismc in contemporary international relations. A proper solution of the many aspects of the question, taking into account human rights and liberties in their fullest sense, would not only promote the well-being and progress of mankind, but would also make a major contribution to the development of friendly relations among States. 82. The document whose anniversary we are celebrating today represents a signal contribution to the forging of a broad concept of human rights and fundamental freedoms. The Declaration proclaims the equality before the law of all human beings and enshrines economic, social and cultural rights as fundamental components of the contemporary system of human rights. 83. The International Covenants on Human Rights and other instruments adopted by the United Nations on the subject, in the elaboration of which Romania took an active part, amplified the provisions of the Declaration, high- lighting the fact that civil and political rights cannot be dissociated from economic, social and cultural rights. They stressed the need to create, at the national and international level, all the necessary conditions to ensure economic and social progress, peace and an independent existent;e for all peoples. 84. The celebration by the United Nations of Human Rights Day is, we believe, a call for us to reflect coITectively and responsibly on the progress achieved with regard to the fulfilment of human rights and fundamental freenoms. We believe, nevertheless,· that it is our duty to concern ourselves even more with the non-implementation of and with violations of the Universal Declaration which was signed 30 years ago. We should also pay more attention to the essential, and hence priority, elements of which the United Nations should take account in its future work, in order to contribute even more effectively to the implemen·· tation of the Declaration and of the international instru- ments concluded as a result, and to develop the provisions of that historic document. 85. A judicious approach to the problems of human rights means that they must be placed in their proper economic, political and social context. Experience shows that the effective exercise of human rights and fundamental free- doms is hardly conceivable outside the framework of States and national societies. 86. Now, our past experience and an analysis of the realities of the world today give evidence of the fact that the effective ensuring of the inalienable right of each people to decide for itself its own destiny, in the light of its own aspirations and without any extefilal interference, is a primary condition for the effective universal triumph of human rights. Between individual liberty and national independence there exists an indissoluble link. When a people is not independent, individual liberty cannot be 87. In thinking of the true sense of the document whose signing we are commemorating today, we cannot fail to note with indignation and concern the brutal violation of human rights and fundamental fmedoms by the minority racist regimes in South Africa, Rhodesia and Namibia and the racist policy ofapartheid carried out against millions of people in that region of the world. To act with greater determination to eliminate for ever this crime against humanity that is apartheid and aU other [olms of racial discrimination remains an urgent task for our Orga..,jzation and for all the States signat1ries to the Universal Decla- ration. 88. Our concept of democracy and, hen~, of human rights, is based upon the deed to ensure total equality among men, to creat~ eC:'itable economic and social relations which will make it possible for ea-ch citizen-~md primarily for the working masses-to lead a dignified life, to enjoy the right to work and free access to education, culture and science, and to be able to participate directly, without distinction as to nationality, in the management of society. 89. ResprGt for human rights also entails theeliminatiOll of all ldnds of discrimination based upon considerations of race, sex, language or religion. In this regard, I must point out here that, within the economic and political back- ground of certain countries-including those which pro- claim as a fundamental principle "the defence of human rights"-women are subjected to UI\equal treatment in comparison with men, progressive and democratic militants are persecuted, foreign workers and certain national minorities are the subject of discriminatory measures and demonstrations of a fascist and racist type that are becoming ever more frequent. 90. More generally speaking, we are" convinced that true democracy, true humanism, is incompatible with the perpetuation of the exploitation of man by man, and with the preservation of serious economic, social, cultural and political inequalities. In our view, one cannot talk of true democracy, of authentic liberty, of the enjoyment of fundamental human rights, in conditions where millions of persons have to face the privations of unemployment and 3:e denied the elementary possibility of earning a living by labour, and where, for millions of young people, there are no prospects of exercising a trade or profession. 91. We should also like to stress the close links which exist between under-development, the establishment of a new international economic and political order and the universal implementation of human rights. The division of the world into rich and poor countries and the profound inequalities which exist are becoming greater instead of less and vast masses of human beings over vast areas of the globe are 92. In the fmal analysis, the promotion and assurance of universal respect for human rights and fundamental freedoms can only be fully realized in conditions where a new international order is established and where under- development is eliminated, together with poverty, mal- nutrition and illiteracy. For all these reasons, the subject of human rights cannot be dissociated fmm the economic and social context. 93. The Romanian delegation believes it necessary to stress within this context the profoundly harmful con- sequences and damage to human rights and fundamental freedoms brought about by the intensification of the arms race and the waste of tremendous amounts of material and human resources for military purposes, since this endangers the very existence of mankind, constitutes a very heavy burden on all p~oples and has pe'mful repercussions on the everyday life of mankind. 94. The event which brings us together today gives us a timely opportunity to take more thorough cognizance of the national experiences of Member States in the human rights field. Permit me, therefore, to mention certain outstanding features of the Romanian experience in tlJs area. 95. The liberation of Romania from Fascist domination following the victory of the national anti-Fascist and anti-imperialist insurrection of 23 August 1944 made it possible for my country to embark ':pon a course of eliminating backwardness and promoting the rapid upsurge of the forces of production, culture and science and the establishment of a modem material basis for society. Conditions were also created in this way for carrying out far-reaching socia:\ reforms and for establishing new demo- cratic human relations based upon equity and social justice. The fmal elimination of the exploitation of man by man was an achievement ofhistoric importance for our country. Thanks to the new conditions, it has been possib;e to ensure full equality before the law of all citizens and the participation of all strata of the population in the internal and external political life of the country, in the manage- ment of society and in the responsible building of its future. 96. Conceived as a unified whole and reflecting the concern to co-ordinate individual interests and those of society at large, the rights and freedoms of citizens are largely enshrined in legislation, beginning with the Con- stitution of the country, and carry material guarantees ensuring effective implementation. 97. The policy of the Romanian Government is con- sistently oriented towards the affirmation of human dignity and is expressed in its intensive participation in the work of the United Nations to promote human rights and in its initiatives and its contributions to the work on conventions and other legal instruments. Having ratified the conventions on human rights, Romania is complying scrupulously with the obligations it has thereby assumed. All this demon- strates the importance we attach to the strengthening of the 98. Concern for the well-being of man, which is viewed as the paramount value of society, is at the very centre of the policy of the Roma.'1ian State. The profound economic and scdal reforms, the qualitative changes which have occurred in the material and spiritual life of Romania, have created a propitious framework for the flowering of the human personality in all its aspects. The constant concern to ensure the necessary conditions to enable every citizen to fulfIl his capacities and talents and to enjoy fully the fruits of his .1abour is an essential feature of the new humanism underlying all the activities of the Romanian State in the fiele of human rights. 99. In Romania, the right to work, an elementary condition of human dignity, is totally guaranteed. Every citizen can obtain employment, depending on his profes- sional background and his talents, and receive equitable remuneration, which increases systematically as the national incom~ increases. The right to retirement for reasons of age or illness and to free medic31 attention and education at all levels has long been universal in our country, and the protection of families, mothers and children is one of the priority objectives of the social policy of the Stata. 100. The continuous developme.nt of democracy in SOI;.al life, the extension and constant improvement of collective management, the participation of workers in management and self-management in all economic units and institut:ons and the full application of the principles of equity and social justice constitu:,e one of the fundamental directions h'l which Romanian societ: is evolving. 101. In socialist Romania, the national question h...1,8 for the first time been genuinely solved through the establish- ment of equal rights of all citizens of the country, without distinction based on nationality. Thanks to a policy of intensive development of the means of production in aJll administrative areas of the country and the making·avail- able to the various nationalities of the educational and cultural institutions in their own languag~-which they hav~ the right to use without distinction-the nationalities have broad opportunities to play their part in political, economic· and social life. They enjoy equal conditions with regard to wOik, education and spiritual life and enjoy in equal measure the fruits of the common labour of our entire people. !02. In my country, all discrimination based on sex has been eliminated. Wome'.l enjoy exactly the same rights as men in professional, so/~ial and political life and participate actively in all areas of activity, in economic and social development and in the management of the country. 103. The rights and individual freedoms of each citizen are, in turn, guaranteed and protected by law. In the exercise of freedor.l of expression"every citizen can express his opinion on all problems relating to social development and gt:~leral State policy. Freedom of conscience is achieved through the creation of conditions guaranteeing every citizen freedom to have a religion and to practise it and by 104. The Government of my country views the question of international co-operation in the field of human rights as an integral part of general co-operation among peoples and countries. Co-operation with a view to promoting and ensuring universal respect for human rights should be based upon the same principles and pursue the same als as co-operation in other areas. Therefore, it is nee ry to respect scrupulously the sovereign equality of St.. ;s and the principle of non-intervention in their internal affairs. 105. Also, the attempts sometimes made to exploit the human rights issue-and this also happens in the debates in the United Nations-as an area of political confrontation and as an element of tension in international life, having a bad effect on detente &Ild international co-operation, seem to us to be particularly damaging. 106. We believe that the true measure of freedoms can be seen in the fundamental aspects of human rights, in the stage reached in the elimination of serious social anomalies which affect the essential interests of mankind. For these reasons. the attention of the international community should focus above all, on the primordial elements and not on formal or marginal aspects. 107. Attempts to invoke human rights in order to encourage emigration, and thus to obtain cheap labour, particularly management personnel, for the benefit of the major transnational corporations and developed countries, are highly prejudicial to all the States of the world, and particularly to the developing countries which are making great efforts to train their management perscnnel and to accelerate their own economic, social and cultural progress. 108. In our view, the promotion of ideas designed to stifle national sentiment and aspirations to liberty, for the benefit of the policy of domination and oppression -of other nations and peoples, is contrary to the true objectives of international regulations in the field of human rights. 109. In my country's view, there is profound incompati- bility between social democracy and human freedoms, on the one hand, and the freedom of action of Fascist and neo-Fascist organizations, terrorism and demonstrations by social outcasts that endanger life and the development of society, on the other hand. Romanian legislation prolu'bits and punishes incitement to violence, racial hatred and war, ·and trafficking in drugs and narcotics as antisocial phe- nomena which do serious harm to society and represent a grave danger to life and health, especially ofyoung people. 110. Romania believes that co-operation among States Members of our Organization in the field of promoting human rights and fundamental freedoms will become more fruitful to the extent that it is better oriented towards the truly vital aspects of this problem. In our view, it is only by acting along these lines that the United Nations will be able to more effectively serve the principles and objectives laid down in the Charter, in the Universal Declaration, in t.l}e International Covenants and in other instruments relating to human rights. The effective and total affirmation of the individuality, dignity and freedom of the human person will 111. Let us hope that the thirtieth anniversary ,of the universal Declaration of Human Rights will be an important landmark in the efforts of all nations to create the conditions for a better and more just world.
The 30 years since that historic day in Paris when the United Nations adopted the Universal Declaration of Human Rights have not passed in vain. Since that time, th~ membership or our Organization has increased threefold. The meaning of human rights has evolved, they are more widely implemented and the machinery for evaluation and control has gradually improved. 113. It is undeniable that to proclaim human rights is to express one's belief that man possesses these fundamental rights because of his essential nature and dignity. They are inherent rights and, far from being conceded by a political society, they must be respected and guaranteed by that society. 114. Having thus stated that human rights have this immutable foundation, it is interesting to see how through- out history human rights have taken on more and more meaning. Although as far back as the Middle Ages the dignity of the human being was at the basis of the organization of the State, it was only in the sixteenth century that new ideas were developed, on the one hand by Spanish theologians such as Vitoria, Las Casas and Suirez, who elaborated new doctrines of great importance in the administration of the new lands discovered by Spain-here we might recall the Laws of the Indies-and, on the other hand, by the il. fluence of t.he Reformation in Europe and North America, which led to religious tolerance being one of the paramount hu.'1lan rights demanded in modem times. With the political emergence of the bourgeoisie, demands for !Civil and political rights in general began to be made. Specifically, in the French Constitution of the Year I (1793), reference was made to the right to work, to protection agpmst poverty and to education, all under the inspiration of Robespierre. Subsequent developments are better known. There was the abolition of slaverY; the gradual acquisition· of social and economic rights; equal rights for women; and, in this Organization, the recognition given to such fundamental rights as the self-determination of peoples, with regard to which it is appropriate to refer to the overwhelming importance of the Declaration on the Granting of Independence to Colonial Countries and Peoples, contained in resolution 1514 (XV). 115. In the United Nations Charter, the defence and protection of human rights appears as a fundamental objective. One need only reread a few Articles of the Charter to see that one cannot invoke Article 2, para- graph 7, when it is a question of human rights and fundamental freedoms. The Charter has broken with the principle that a State can subject its subjects or citizens to its own whims, and has substituted a new principle: that the protection of human rights constitutes ~ essentially international question. 117. In any case, since that time our Organization has equipped itself with certain important legal instruments which, without any doubt, are binding on the States which have ratified them. Of course, I am referring to the two International Covenants and the Optional Protocol. The Covenants have certainly benefited from developments in social philosophy and international law, and therefore reflect the idea of the social State based on law. 118. Thus, after these 30 years, we can feel proud of that fitst text which served as a catalyst and as a basic foundation for subsequent developments, in spite ofshort- comings which we still need to remedy in its practical appli~tion and effective international verification of that application. The recent creation of bodies such as the Committee on the Elimination of Racial Discrimination and the Human Rights Committee, both of which are empowered, in principle, not only to consider national reports on these subjects, but also to consider complaints which may have been submitted against States parties to the respective conventions, has unquestionably been an important step forward in this field. 119. SP9in, whose people, by the exercise of their sovereign will, have just adopted a democratic Constitution which gives a privileged place to the defence and protection of human rights, is prepared to offer this Organization the fullest co-operation in this field. The Minister for External Affairs of my country announced in the Assembly, on 2 October [16th meeting], our intention to ratify the Optional Protocol and to make the declaration referred to in article 41 of the International Covenant on Civil and Political Rights. Moreover, at this session, my delegation has actively supported all efforts aimed at producing a better definition and expression of the universal protection of these inalienable rights. Furthermore, my country has signed' the European Convention for the Protection of Human Rights and Fundamental Freedoms and last year we joined the Cowlci1 of Europe. In that regional framework, as the Assembly is aware, supervision of respect for human rights takes place at the highest level, including legal supervision. Through all these steps, my country intends to show that the effective protection of these rights is one of the top priorities of our policy, at both the national and the international level. 120. I am now pleased to read the message which was sent yesterday to the Secretary-General by the President of the Spanish Government, Adolfo Smuez. The message reads: "On the occasion of the thirtieth anniversary of the Universal Declaration of Human Rights, I should like to recall the great value that should be attached to the principles set forth in that Declaration and L'te interest of the Government and people of Spain in defending and _ 121. Let us make of this solemn commemoration a festive occasion, and let us pay a well-deserved tribute to the men and women who -30 ye~::s ago drafted this important document. Let us guard against self-satisfaction. We still have a long way to go. Because of the suffering and injustice in the world our attention must not waver for one moment. It would be very sad indeed if documents such as the one that we are commemorating today were to remain just documents. They must stand as a'.l enduring summary of our objectives and a reminder of the demands which are inevitably placed upon us.
Mr. Alzamora PER Peru [Spanish] #2744
Perhaps there is no more appropriate forum in which to speak about human rights than that of this important Organization whose ultimate goal is to succeed in the difficult task of promoting the creation of a world order in which every individual and every nation may exercise, without hindrance, limitation or threat, the fundamental rights to freedom, development and well- being. 123. It was not by chance that it was here in this Organization, three decades ago, that that important document, the Universal Declaration of Human Rights, was adopted. It is a body of principles whose procl~ation ennobles the human family and whose implementation indicates the nature of the "better world" in which we all wish to live. 124. Peru is a peace-loving country devoted to inter- national co-operation and we wish to reaffirm our support for those principles and our determination to contribute to the promotion of the fundamental dignity of the human person and the development and well-being of society within a framework of'freedom, social justice and full respect for basic individual rights. 125. We consider that the fundamental rights and free- doms of man are indivisible and interdependent and that there is no need to establish a hierarchy or suggest that some take precedence over others. Consequently, we give equal consideration to the application and protection of civil and political rights and of economic, social and cultural rights~ since, in our opinion, individual rights are not exercised in a vacuum but in a specific social situation, which either may be a limitation on, or may serve to promote, the well-being of individuals in that society. 126. For that reason, as we now reflect on the meaning of the Declaration, the adoption of which we are celebrating, we must express our satisfaction that the international community is becoming increasingly aware of the need to eliminate once and for all the great evils that underlie certain abnormal situations which have led to violations of the human rights of millions ofhuman beings. I refer to the policies and practices of apartheid, all forms of racial discrimination, colonialism, foreign domination and 127. We are also pleased that the belief that a new international economic order is essentiai for the full exercise of human rights and fundamental freedoms has been gaining recognition. For that reason, we would urge all nations to do their utmost to help bring about that new order, for we are convinced that only by establishing that order shall we be able to remove the political, economic and social inequalities among peoples, which are the legacy of colonialist practices and a colonialist mentality, and which must be removed if we are to bring about a more just, human and rational world. 128. In line with these ideas, which constitute an over-all blueprint for the treatment of human rights questions within the system of the world Organization, Peru, which nearly two decades ago ratified the Universal Declaration of Hum~n Rights-the thirtieth anniversary of which we are now commemorating-is also a pmy to the International Covenant on Civil and Political Rights and to the Inter- national Covenant on Economic, Social and Cultural Rights and, regionally, has ratified the American Convention on Human Rights, known as the Pact of San Jose.8 129. In the same spirit, the Government of Peru has just signed the instrument of accession to the International Convention on the Suppression and Punishment of the Crime of Apartheid, which is a corollary of our active participation in the work of the Special Committee against Apartheid and which bears witness to our belief that mankind must eradicate that reprehensible system from the face of the earth. 130. Peru, which is the crucible of many races and cultures, reaffirms its conviction that the United Nations must protect human. rights and strive for the elimination of racism and apartheid, not only as its declared responsibility but as a fundamental, ine:;capaole commitment Iequired of it by present and future generations. 131. At a time when respect for and the protection and guarantee of human rights are being promoted at the international level-which is undoubtedly a reflection of the importance of those rights-we urge all those who have assumed the responsibility of working for that noble cause to spare no effort and always to bear in miIIld that man is indivisible and that, therefore, all his rights deserve equal respect, protection and guarantees.
Thirty years ago, on 10 December 1948, the General Assembly solemnly adopted the Universal Decla- ration of Human Rights, which was one of the first international legal documents to enshrine social, economic, political and civil human rights. 133. The provisions of the Declaration, and also the various new aspects of human ~jghts, were developed in 134. Of great significance also are the international agree- ments to combat specific violations of human rights, such as the International Convention on the Elimination of All Forms of Racial Discrimination, the International Con- vantion on the Suppression and Punishment ofthe Crime of Apartheid. the Convention on the Prevention and Punish- ment of the Crime ofGenocide, and others. 1:5. International co-operation in the work of encour- aging and developing universal respect for human rights is intimately linked to the maintenance and strengthening of international peace and security. The annF race and the existence of sources of tension, as a consequence of the policy pursued by the imperialists and other reacticmary forces, are threatening the most precicus of all human rights, the right to life, and are doing enonnous damage to the economic and social development of countries, thus impeding the implementation ofeconomic, social and other rights and freedoms. Therefore, our delegation believes that the United Nations should closely consider the question of the right of everyone to live in circumstances ofpeace and security and the adoption of measUres to promote the cessation of the anns race and the advent of disannarnent. 136. At its thirty-second session, the General Assembly adopted by an overwhelming majority resolution 32/130, which is of extreme importance to the future work of the United Nations and the organizations within its system in the field of human rights. This resolution, which defmes the concept of the approach to human rights within the United Nations system and the means for achieving effectiveness in its work, confirms the exclusive responsibility of States themselves to ensure respect for human rights and funda- mental freedoms. The adoption of international measures for the protection of human rights is acknowledged to be necessary only in circumstances where there are flagrant and massive violations of those rights and where a situation has been created that represents a threat to friendly relations among States and to international peace and securi't}-'. Such violations, wh\ch are specifically named in the aforementioned resolution, include flagrant violations of human rights that are a consequence of a policy of aggression, colonialism; apartheid. all forms of racial dis- crimfuation, and so forth. It is precisely within this context that the United Nations and organizations within its system should give priority attention to combating massive and systematic violations of human rights and fundamental freedoms, such as are taking place in Chile, in southern Africa and in the territories occupied by Israel. 138. In the Mongolian People's Republic, and in other socialist countries, human rights and freedoms are pro- claimed not only in the Constitution and other legislation but are ensured in practice by the creation of material conditions and the specific meat's for their utilization. In Mongolia, all citizens, under the Constitution, are guaranteed social and economic rights, such as· the right to work, to free education, to free medical care, and to material assistance in old age or in case of illness or incapacity, as well as civil and political rights. 139. The Mongolian People's Republic is taking an active part in the work of the United Nations and of organizations within the system in the field of human rights. It was among tlJ.e first countries to become parties to a number of important international agreements; such as the Inter- national Covenants on Human Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Prevention and Punishment of the Crime of Genocide, the International Convention V.t the Suppression and Punishment of the Crime of Apartheid, and others, including certain agree- ments adopted by UNESCO and the ILO. By so doing, the Mongolian People's Republic demonstrated its commitment to democr2tic rights and freedoms and its aspiration towards fruitful international co-operation in this field. 140. The delegation of the Mongolian People's Republic, in connexion with the consideration of human rights questions, cannot fail to mention the hypocrisy of those Western countries which, on the one hand, in spite of the categorical demands of the world community, stubbornly continue to support and encourage Fascist. and other reactionary regimes which pursue a policy ofapartheid and racial discrimination and trample underfoot the basic rights and freedoms of men, and, on the other hand, have mounted a propaganda campaign about the violation of human rights in other sovereign States, primarily in the socialist countries. In this regard, I should like to quote trom a statement made by the Government of the Mongolian People's Republic in connexion with the results of the meeting of the Political Consultative ":::ommittee of States parties to the Warsaw Treaty, held at Moscow from 22 to 23 November. It reads: "Attempts at intervention by imperialist circles in the internal affairs of socialist and other sovereign States, in flagrant violation of universally acknowledged norms of international conduct, are attacks on ~enuine socialism 141. In conclusion, our delegation wishes to assure this Assembly that the -Mongolian People's Republic will con- tinue, in so far as it is able, to participate actively in the work of the United Nations on the development of international co-operation in order to promote and encour- age universal respect for fundamental human rights and freedoms.
A number of represen- tatives have addressed the General Assembly on this occasion marking the thirtieth anniversary of the Universal Declaration of Human Rights. I should like to refer in particular to the statement of the Permanent Represen- tative of the Federal Republic of Germany [77th meeting) who spoke on behalf of the nine member States of the European Community and who noted in his statement that the 1948 Declaration was the first international document to define human rights and to uphold them as universally applicable and valid. 143. In the past 30 years, the rights set out in the Universal Declaration have, of course, been further elaborated and the question of their implementation has also occupied our attention. 144. However, since this is a celebration of the Universal Declaration and since the views of my delegation on current developments have been' put forward in the debate in the Third Committee,9 I should like, on this occasion, to take the opportunity to underline what was and still is impor- tant in the Declaration adopted in Paris 30 years ago. 145. In joining the United Nations, all Member States undertook, in the words of Article 1, paragraph 3 of the Charter, "To achieve international co-operation in solving inter- national probIems of an economic, social, cultural or humanitarian character, and in promoting and encour- aging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language or religion." 146. In the preamble to its resolution of 10 December 1948 [resolution 217A (Ill)), approving without dissent the Universal Declaration of Human Rights, the General Assembly recalled that pledge and affirmed that a common understanding of human rights and fundamental freedoms was of the greatest importance for the full realization ofthe commitment undertaken in Article 1 of the Charter. The Universal Declaration represented that common under- standing. 148. The Commission on Human Rights, which drafted the Declaration, recognized, however, that further efforts were reqUired. As previous speakers have described in detail, these efforts have resulted, in the past 30 years, in a great series of conventions, covenants, declarations and resolutions which seek to establish principles and to set standards of human rights in international law and practice. 149. However, notwithstanding this impressive co-opera- tion of States achieved in a relatively short time, we continue to·discuss human rights principles and how they should be implemented. We must now ask ourselves candidly whether the high hopes of those who drafted the Declaration have been fulfilled and whether the rights then proclaimed have since been respected. 150. What, in summary, are these rights and to what extent have they been given effect? 151. First comes the fundamental assertion, and indeed basic premise, in article 1 of the Declaration, that all human beings are born free and equal in dignity and rights; that they are endowed with reason and conscience; and that they should act towards one another in a spirit of brotherhood. It is &ufficient to recall the situation in South Africa to be aware that this fundamental tenet is not universally accepted, even in principle. In practice it is far from realization in many other countries. 152. Secondly, a number of basic personal rights are set out in the Declaration, most fundamentally the right to life, liberty and security of person. The record in the past 30 years is hardly encouraging. There has been widespread loss of life in many wars, not to speak of civilstrife. This right is threatened most profoundly by the ability of one part of humanity to destroy another part within hours, even ifthis in turn means its own destruction. The prohibition of torture has likewise not been observed, as the unhappy experience ofmany countries shows. 153. Thirdly, there are set out in the Declaration a number of rights which in effect help to guarantee and protect basic rights: for exam?le, the right to an effective remedy for violation of rights or the right to a fair hearing and trial. That these rights have not been universally observed is evident and has led to the widespread concern shown by both Governments and international opinion with regard to the human rights situation in certain countries. 154. Fourthly, there are the rights to freedom of thought, expression and association. That these have been limited in 155. One area of principle in which discussion still goes on and in which progress has, unhappily, been disappointing concerns the question of religious freedom. The right to religious freedom has been recognized in international treaties for several centuries. The Charter, the Declaration, the Internatiomd Covenant on Civil and Political Rights, the Convention on the Prevention and Punishment of the Crime of Genocide, and conventions of the lLO and UNESCO all seek to protect the right to practise and to manifest religion or belief. In spire of this, the United Nations has not yet prepared a specific international instrument on this subject, although it is clear that international measures to protect religious freedom are as necessary now as they were in 1948. Having said that, I can say, however, that my delegation has been encouraged by the discussions on this question which have taken place during the current session. We earnestly hope that the draft resolution ad:)pted by the Third Committee IA/e3/ 33/L.54] will be adopted by consensus in the plenary meetings of the General Assembly and thus give fresh impetus to the continuing etIorts of the Commission on Human Rights to draft a declaration on the elimination of all forms of religious intolerance. 156. A fnth major aspect of the Declaration concerns basic economic and sl'cial rights. Economic and social conditions for the majority of mankind have scarcely progressed since 1948. Development efforts to date have had all too little impact on the daily lives of those who are the most deprived as regards their rights; and, indeed, injustices in the international economic order may be seen as inhibiting the promotion of human rights and funda- mental freedoms as a whole. 157. Should this catalogue of what has not been achieved cause us to despair? We do not think so. Over the same period there has at least been a steady and growing international acceptance of the idea-not just philosoph- ically, but politically-that the promotion everywhere of a basic level of human dignity is a matter of common concern to all. 158. By now, some 100 countries which have joined the United Nations since 1948 have accepted the Universal Declaration as a statement of basic principles. As a 'Declaration it has become universal in fact as well as in name, at least in the sense that some 150 countries have now accepted it. 159. Furthermore, to take too pessimistic a view is to miss a point of fundamental importance about the Declaration, and indeed about every effort to put forward for universal recognition and implementation a document so open to varying interpretations as a basic code of human rights. Whrat is important is not just what such a Declaration contains, but how it is proposed that the rights which U establishes are to be universally implemented. 160. Almost by defmition, rights of this kind cannot be imposed by one society on another. What is required, rather, is a process of steady and active persuasion which 161. It is easy to fmd historical evidenca to show the dangers of any other approach. It is salutaI)', in our concern to promote a programme of human rights, to remind ourselves that much of what is most appalling in the long record of man's inhumanity towards man has been carried out by people who had an absolute conviction of their own righteousness. With this went a corresponding conviction that the values and ideals they stood for were privileged, so that, ifUniversally imposed and implemented, they could not but improve the lot of humanity and produce a better and more humane world order. 162. The fact that right could conflict with right was, in fact, recognized by the drafters of the Declaration, but this problem was not resolved. In the fmal articles, the limitation of rights in order to ensure respect for the rights of others and the general welfare was accepted on the one hand, and, on the other hand, the right to act to destroy the rights and freedoms of others was explicitly rejected. Even in the case of the most fundamental right, the right to life, many States still assert the right to take life, not only in war but also judicially. To take another example, the right to impart information and ideas is curtailed to some extent in all societies when incitement to a breach of the peace is involved. I mention these points not to cast doubt on the basic principles involved, but to illustrate that the enumeration of rights in principle does not save us from the need to make choices and to balance rights in particular circumstances. However, these problems do not release Governments from the obligation to uphold fundamental human rights and safeguards for the individual, even in <lifficult circumstances, as when dealing with massive social and economic problems or with a threat to national security. It is these circumstances that provide the true test of respect for human rights.
The adoption of the Universal Declaration of Human Rights 30 years ago by the General Assembly constituted a milestone in a development which began at the turn of our centuI)', a development which received new momentum from the painful experience of the Second World War and the years preceding it. 164. The development of fundamental rights and freedoms emerged from rights that were granted by national·States and Governments to individu?.1s and became rights that were common to all human beings throughout the world. An expression of that development was the Universal Declaration of Human Rights, in which the protection of human rights was raised to an international level. From that moment on, the United Nations engaged actively in safeguarding human rights. My Government therefore thought it worth while to celebrate the thirtieth anniversaI)' and, to that effect, sponsored a draft resolution which was co-sponsored by more than two dozen other delegatie:ns and which finally found general acceptance as resolution 32/123 at last year's session of the General Assembly. 165. Resolution 32/123 provides in its annex for a number of measures which may be taken with a view to 166. The General Assembly has gathered to commemorate this historic event, but at the same time it should also evaluate what has taken place since. One tends to see only the positive sides, to forget all the obstacles which had to be overcome and to minimize all the difficulties which have still to be faced. Certainly it can be regarded as substantial progress that the safeguarding of human rights is no longer seen as an issue which falls exclusively within the domestic jurisdiction of each individual Member State, but has become a common concern of humanity as a whole. The result of this tendency is manifested i'l the two Inter- national Covenants on Human Rights and other universal and regional instruments of internationa11aw. In the latter context, reference should be made to the European Convention for the Protection of Human Rights and Fundamental Freedoms and the system established under it for the effective protection of human rights. 167. Furthermore, it has to be considered as an achieve- ment in this field that the concept of human rights has been enlarged in two respects. 168. When the United Nations was founded, the idea of human rights was limited to the granting and guarantee of civil and political liberties. The adherence to the United Nations of new States which had to struggle for economic survival confronted this Organization with the question of the basis on which political and civil rights were to be granted. 169. Ever since the International Conference on Human Rights, held at Teheran in 1968,10 it has been uncontested that economic, social and cultural rights are on an equal footing with civil and political rights. Today, thanks to the repeatedly expressed opinions of the new Member States of the United Nations, it is generally recognized that the full enjoyment of economic, social and cultural rights is equally as important as the safeguarding of personal and political freedoms. In other words, human beings cannot develop their full personality unless they enjoy a considerable degree of social and economi;; security and unless they are granted full cultural participation in the society in which they live. 170. In addition to the above, the international com- munity came to the conclusion that human rights can be violated not only by States and their organs, but also by individuals who are not govemment officials. In this context, I should like to mention the general concern about the interference of mass media with the privacy of individuals and the discrimination by individuals for reasons of sex, race, religion, citizenship or social status. 171. In our view, the endeavours of the United Nations in the field of human rights have reached a stage where less 172. My Government is of the opinion that the existing instruments of the United Nations in this field, particularly the two International Covenants on Human Rights, represent sufficient codification, and feels that a mere compilation of human rights does not guarantee their application unless each individual State undertakes serious efforts to implement those rights already contained in these instruments. 173. In order to best serve the cause of human rights, my Government has focused its interests primarily on the realization and enforcement of human rights. It is the present political situation that has persuaded my Govern- ment to adopt this attitude. 174. The international community today consists of States, all equal under international law and not subject to an authority whose orders they must obey. That being taken into account, it is for each State to implement through national means the objectives contained in the existing international instruments on human rights. To our utmost regret, we must observe that a number of countries are not complying with this obligation, and the history of this Organization provides sufficient evidence in this respect. We are convinced that present international relations do not allow for the establishment of efficient law-enforcement machinery on an international, world-wide level and that, therefore, a moral force must be created and given a predominant role to play in the implementation of human rights. This force should fmd its expression in an enhanced awareness of and inc£~ased respect for human rights. 175. The best way of promoting this respect is through education and infonnation. This has already been outlined in the Urliversal Declaration of Human Rights and is also reflected in article 7 of the International Convention on the Elimination of All Fonns of Racial Discrimination. 176. It is with satisfaction that my Government realizes that this view is shared by the majority of States Members of the United Nations and organizations affiliated with the 177. In addition to that, and in pursuance of resolution 32/123, the Austrian Minister for Education, on the occasion of the thirtieth anniversary of the adoption of the Universal Declaration of Human Rights, has advised all Austrian schools to commemorate that anniversary in an appropriate way. A poster stressing the importance of the Declaration has been printed and circulated in schools and other educational institut~ons, thus enabling teachers to make appropriate reference to the aims contained in the Declaration. The Austrian army has been instructed to pay special attention to the observance ofhuman rights. 178. Last but not least, I should like to draw the attention of the General Assembly to yesterday's message from the Federal President of the Republic of Austria. In that message he underlined the iinportance of the Universal Declaration of Human Rights and of the International Covenants on Human Rights. He infonned the people of Austria that the Covenants on human rights entered into force on 10 December 1978, after the instruments of ratification had been deposited on 10 September. In addition, our Head of State congratulated the United Nations-and I should like to convey these congratulations, through you, Mr. President, to this Organization-on the results it has achieved in the field of human rights. The President did not fail to mention the unsatisfactory implementation of human rights, but he did not attribute that to the United Nations or any other international organization. If insufficient progress has been made, it is because of the inactivity of some Member States. The Austrian Federal President concluded his message by stating that, like peace, human rights have to be realized first within each home, each office, each factory, each com- munity, each country, before they can be implemented on an international level. The meeting rose at 1.15 p.m.