A/33/PV.83 General Assembly
THIRTY-THIRD SESSION
Page
In the absence of the President, Mr. Barton (Canada), Vice-President, took the Chair.
33. Thirty years of the UniversalDeclaration of Human Rights: international co-operation for the promotion and observ- ance of civD, political, economic, social and cultural rights (concluded)*
It is with a profound sense of satisfaction that, as the representative of Israel, I bring my Government's message on the occasion of the thirtieth anniversary of the Universal Declaration of Human Rights [resolution 217 A (Ill)]. The noble prineiples enshrined in that Declaration were first proclaimed to the world some 3,000 years ago by the Jewish people and by the prophets of Israel in Jerusalem, namely: the equality and brother- hood of man, the intrinsic dignity and value of the human being, and the ideals of socialjustice based on eternal peace among nations,
2. In the very first chapter of Genesis we read:
"So God created man in his own image, in the image of God created he him; male and female created he them," [Genesis 1:27.J
In this one short verse, the essence of universally applicable human rights is enunciated: the equality of man and woman, irrespective of race, colour and creed. All else follows from this basic premise. It is summed up succinctly in the words of the prophet Malachi:
"Have we not all one Father'? hath not one God created us'? why do we deal treacherously every man against his brother ...'? " [Malachi 2:10.J
3. The prophets of Israel also understood that the equality anJ. brotherhood of man could not be fully realized without universal peace and disarmament. Nowhere has the vision of eternal peace and universal disarmament been given a more forceful expression than in the words of two
I NEW YOlK
prophets of Israel, Yeshayahu ben Amotz and Mioab. Harnorashti who, having foreseen the spiritual unity of JIWl under God, with Ius word coming forth from Jerusalem, gaveexpression to this vision in identical terms:
"And they shall beat their swords into plowshares, and their spears into pruning hooks: nation shall not lift up sword against nation, neither shall they learn war any more." [Isaiah 2:4;Micah 4:3.J
4. The Jewish people carried this vision of universaljustice and peace with it throughout centuries of persecution and discrinlination and throughout the darkest periods of the world's history. It believed in it even in the years of the terrible holocaust during which it became the main victim of the genocidal practices of the enemies of mankind, the enemies of the united nations. The Jewish people therefore rallied to the cause of those united nations, and mora than 1.5 million of its sons fought in the ranks of the Allied armies that eventually crushed the enemies of mankind and brought this Organization into being.
5. Illustrious sons of the Jewish people were in the forefront of the struggle for the promotion of the interna- tional protection of human rights. A Jewish lawyer, Raphael Lemkin, whose family had been wiped out in Poland during the Second World War, was instrumental in the writing of the Convention on the Prevention and Punishment of the Crime of Genocide, adopted by the United Nations on 9 December 1948 [resolution 260 A (IlI1J. Another great Jewish lawyer, teacher and judge on the International Court of Justice, Sir Hersch Lauterpacht, whose family had perished in Europe during the years of the holocaust, wu among the chief protagonists of the international protection of human rights. And yet mother great son of the Jewish people, Ren6 Casein,was one of the principal authors of the Universal Declaration itself and received the Nobel Peace Prize for his efforts.
6. Much remains to be done to translate the noble ideals and principles of the Declaration into practice. On this thirtieth anniversary of the Declaration, let us rededicate ourselves to the task of making the Universal Declaration, this common standard of achievement, a Jiving reality throughout the world. (
7. It is in this spirit of rededication that I take great pleasure in announcing that the Government ofIsrael, at its meeting of 10 December 1978, the thirtieth anniversary of the Universal Declaration of Human Rights, decided to ratify the International Convention on the Elimination of All Forms of Racial Discrimination [resolution 2106A (XX), annex], This decision is a fitting tribute to the memory of a great woman and fighter for human rights, Mrs. Golda Meir, former Prime Minister of Israel. An
On the occasionon which the international community is commemorating the thirtieth anniversaryof the UniversalDeclaration of Human Rights, Brazil would like to reiterate its dedication to the lofty propositions that led the United Nations to adopt the Declaration, which has served as an inspiration for interna- tional co-operativeactions in this sphere.
9. The United Nations Charter itself, promulgated in 1945, stressed, among the objectives of the Organization, the importance of co-operation among nations in the promotion of human rights. The 1948 Universal Declara- tion, a fundamental landmark in this common effort, is a most valuable element of conceptual heritage and of the ethical structure built by the international community over the more' than 30 years the United Nations has been in existence. It has supplied orientation in this field for all nations, each one of which, in the face of different social, economic and cultural realities, must define the path it must tread in search of the full realization of the ideals enshrined in the UniversalDeclaration.
10, The concept of the rights of man must be approached in a broad, equitable perspective so that the efforts of nations, either individually or in the context of interna- tional co-operation, may be effectively directed towards achieving the integral development of man, promoting his welfare and enabling him to realizehis potentialities.
I!. Brazilis irrevocably committed to the achievementof this goal.
12. Mr. ERJ1~P (Turkey): The promotion of universal respect for and observance of human rights and funda- mental freedoms is an integral part of the contemporary effort to build a stable peace and an orderly international society. Irrespective of the divergencies in approaches to the question of human rights that may exist, based on cultural heritage, legal tradition and political and economic circumstances, there are certain rights and fundamental freedoms which are basic to every society and to orderly international relations.
13. This interdependence of international peace and sta- bility and respect for the rights and liberties of the individual is not only the foremost reason for the assertion in the Charter of the United Nations of international concern for human rights, but is fundamental to the very concept of the Organization. Indeed, it does not require a close examination of the Charter to ascertain that the promotion and advancement of human rights and funda- mental freedorns are one of the pillars on which this international Organization has been built. This is evidenced by the prcminence accorded human rights in the Preamble,
14. Since the inception of the United Nations, a whole series of international instruments has been elaborated which can be characterized as a world-widecode ofhuman rights and fundamental freedoms. The Universal Declara- tion of Human Rights most certainly ranks first in a long list of recommendations, resolutions, declarations and conventions laying the foundations for a new international society.
15. The Declaration was proclaimed by the General Assembly, 30 years ago, in the preamble to resolution 217 A (Ill),
". .. as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both amongthe peoples of Member States themselves and among the peoplesof territories under their jurisdiction."
These are the rights accepted as fundamental to the preservation of human freedom and dignity and the development of the human personality.
16. As an authoritative statement on the nature and content of human rights, the Declaration has found its way into national constitutions drafted since 1948. It has come to be accepted as the point of departure in countless resolutions and recommendations of the various organs of the United Nations and has been referred to in national and international judicial opinions. Last, but not least, the Declaration has exerted a strong influence on the work of many intergovernmental organizations and established a point of reference for all who are concerned with the promotion and advancement of human rights and funda- . mental freedoms. It has never ceased to be a source of inspiration and guidance for all mankind, expressing its hopes and aspirations. It is the synthesis of classical and economic and social rights which, perhaps more than anything else, has given the Declaration its universal appeal.
17. Human rights cannot develop in isolation; they must be continuously nourished by an increasing realization of economic and social rights. Furthermore, respect for civil and political rights and, particularly, for economic, social and cultural rights requires much more than the strengthening of the existing machinery, since it is not by legal means alone that the equality and social justice proclaimed in the Declaration can be achieved.It is easy to say that every person is entitled to all the rights which guarantee and protect his human dignity. It is wellknown, however, that these rights remain purely theoretical unless sufficient economic and social progress is made. Without elementary guaranteesin economic matters, the other rights lose their meaning. Without the entitlement to elementary education, there can be no question of self-determination.
"The realization of the new international economic order is an essential element for ths effective promotion of human rights and fundamental freedorns and should alsobe accorded priority."
This isjustified not only by economic interdependence, but also by the principle of universal solidarity and co-opera- tion.
19. As we celebrate the thirtieth anniversary of the Universal Declaration of Human Rights, we are under no illusion as to the magnitude and number of the obstacles that still stand in the way of the effective realization of human rights. We are well aware that much remains to be done to give recognition to all human rights anu funda- mental freedoms, to create conditions for their full realiza- tion, to provide for the most suitable procedures and remedies for their protection and to create, by education and persuasion, a climate" of opinion to sustain their enjoyment. Nevertheless, the international community should not let itself be discouraged by the difficulties of this important undertaking, but should face them with dedication and resolute purpose. Tenacious and persevering efforts at all levels will be required if the message of the Universal Declaration of Human Rights is to be heard and put into practice by everyone for the good of all mankind.
On the thirtieth anniversary of the Universal Declaration of Human Rights we are commemorating not only the adoption of a document approved by the international community as it was in 1948 as a common denominator for the aspirations of peoples, but also the solemn "assumption of a commitment by peoples and Governments to achieve an ideal indicative ofa high degree of civilization in terms of human dignity and human rights.
21. The requirements of various countries madenecessary the formulation and adoption of three instruments to give effect to the Universal Declaration: the International Covenant on Economic, Social an' Cultural Rights, the International Covenant on Civil and Political Rights, and the Optional Protocol to the latter Covenant Iresolution 2200A (XXI), annex]. However, this breakdown that then seemed necessary to some countries is today seen in a different perspective. Today we are consolidating the concept of human rights as we realize the ever-increasing
22. International action in support of human rights can only be successful if it is universal. We cannot take a selective approach to countries by investigating and con- demning some while at the same time remaining silent regardingothers whereit is clear that seriousviolationshave taken place. For this reason, Ecuador has been stressingthe need for a global approach to procedures and to our assessment of human rights. It is to be hoped that we in the United Nations can produce an annual report on the situation regarding these rights and their observance throughout the world.
23. At the same time, as we move towards universality,it is important that the various bodies dealing with this subject within the United Nations system should be co-ordinated and should co-operate with the various inter- national programmes having to do with human rights. All this should be reviewed annually by the GeneralAssembly, if possible before the consolidation in a single report of all the documents on the subject which have today been presented.
24. Ecuador, which adheres to principles in its interna- tional life, is a country which has traditionally respected human rights. We are proud of our complete freedom of the press; we have no political prisoners, no torture or curfew; our citizens have taken part in free elections to adopt a Constitution and to elect a Government, and all this with the participation of all the political parties.
25. The new national Constitution contains as funda- mental legislation all the main provisions of the Universal Declaration of Human Rights and the related International Covenants. Ecuador has signed and ratified the Covenants and the Optional Protocol which constitute the Interna- tional Bill of Human Rights. We voted in favour of the . UniversalDeck.ation and all the covenants and conventions on genocide, racial discrimination, refugees, stateless per- sons, women's political rights, the nationality of married women, slavery and apartheid. In addition, we have submitted detailed reports over the last two years to the Human Rights Committee established by the International Covenant on Civil and Political Rights and to the Com- mittee on the Elimination of Racial Discrimination, and those reports will be brought up to date periodically.
26. Ecuador has wished to take part in the world commemoration of this event which is of such great importance to human development. In this regard,we have authorized an issue of commemorative postage stamps and our Ministry of External Relations has published a volume of the treaties on human rights which Ecuador has signed, and this has been widely distributed, nationally and internationally.
27. With faith in the future and in"the growing force of lawin the United Nations system, Ecuador is confident that the peoples of the world will see in our world Organization a bulwark of the respect and protection for human rights whose universal promotion, wlthout disc~atio~ on
29. The primary objectives of the Charter, international peace and security and the social and economic develop- ment of peoples, would have been poorly conceived had we not felt the need to extend to every man recognition of and respect for his attributes as a human being.
~o. Universality means that everyone must respect his neighbours, every national community must respect its members and the international community must respect Member States, which are organized communities of men.
31. In the question of human rights, the United Nations is no longer merely a legal and abstract concept of an association of States. It has brought together all the individuals of this world who, on the basis oftheir essential equality, desire to live and work together for their own happiness and that of others. .
32. The thirtieth anniversary of the Universal Declaration of Human Rights is an occasion for joy because it reminds us of the real birth of our Organization. But, at the same time, it is a time for reflection.
33. The normal dynamics of any human undertaking require that we reflect primarily on past achievements and future objectives.
34. Experience requires, however, that this rationalization must focus on a partlcrn question. We must recognize, analyse and overcome the intrusion into the very soul of the United Nations, where man himself should be the primary concern, of an elem.ent capable of discrediting and destroying the Organization. I am referring to the question of politization,
35. Politization is the perversion of politics and uses the high values of the latter to secure advantages for power. Politization interferes 'with creative rational action and requires that the dictates of force prevail. Politization replaces justice. Politization cannot be reconciled with the promotion and protection ofhuman rights because it makes them secondary to ideological and political aims in foreign affairs. Politization frustrates the hope of protection from the excesses of power. For that reason, major sectors of mankind have been and continue to be kept outside the ambit of our Organization.
42. Today more than 1 billion people live in conditions of abject poverty, starving, idle and numbed by ignorance. Life expectancy in the poorest countries is only slightly greater than half that in the industrialized countries.
43. The sad fact is that most of the people in those countries who were born in the year we adopted the Universal Declaration of Human Rights are not around any more to celebrate this occasion; and most of those who are still there have very little to celebrate. Three quarters of the peoples in those countries do not have access to safe water. They cannot read the speeches we make today honouring human rights. They earn less money in a year thanmost of us in thishall ofthe United Nations eam in a day. And even that is only a figure of speech, since most of them have never been paid at all for their work.
36. The reality of the past few years bears unmistakable witness to this evil which must be uprooted. If we reflect on the implications of our actions we must realize that this generation has a major responsibility to achieve the noble objectives and principles of the United Nations Charter and the Universal Declaration of Human Riglits. If we do not discharge that responsibility, all our actions and all these tributes willbe but amasouerade.
38. Mahatma Gandhi wrote in 1921 that every good movement passes through five stages: indifference, ridicule, abuse, repression and, finally, respect. We know that human rights abuses are usually, when first noted, regarded with indifference; then will come the ridicule, then the abuse and perhaps even the repression. This is the path of progress. It has been true in the United States and India and across the African continent; it is no less true in the east or tile Middle East than it has been in the west and the south. It is part of the process of widening participation in the public dialogue, of expanding the concerns and concepts that we use when we develop public and interna- tional policy.
39. There is no room for serf-righteousness and self- congratulation in the field of human rights. Each of our nations has people of vision and people of fear, those who create and those who would repress an-i torture. I believe that we should identify particular problems and work together towards solving them, for it is better to solve one small problem than to engage in political fireworks about the grand issues of our time. We have the potential of a new pragmatism in this hall, and I hope we can help it to grow.
40. Behind this new pragmatism is, I think, the growing realization that we indeed have common goals, and that if we stopped fearing and fighting each other we might find some practical solutions. The task is too serious to waste our efforts in non-productive exercises. We are faced with the necessity of promoting world-wide rapid, peaceful social change if we are to move towards the goals of the Universal Declaration of Human Rights.
41. In 1967, a few months before his death, Dr.Martin Luther King, Jr., reflected on the next steps of the struggle for full human rights and came to the conclusion that the crisis of the modem world was international in scope, and that that crisis was a crisis that involved "the poor, the dspossessed and the exploited of the whole world."
"Hunger, disease, poverty, are enemies of human potential which are as relentless as any repressive govern- ment."!
45. Freedom from arbitrariness, torture and cruel punish- ment is the right of everyone by the simple fact of being born. Freedom of thought, speech, religion, press and participation in public affairs are so fundamental that they enhance the quality of our life and character as individuals. The exercise of these freedoms cannot be made dependent on any other considerations. But we must understand, too, that these rights are hollow for any individual who starves to death. Therefore, the human rights struggle is not only a defence of OUT individual liberty but also a struggle to protect life.
46. The Universal Declaration of Human Rights is a clear call for world-wide movement to protect human rights. This cill is often heard with alarm by those who believe that tksre is far more to lose than to gain by encouraging political, economic and social change. Perhaps, in the short run, there is some cost for those who have special privileges or for those who have an investment in thinking of themselves-as a nation, class or race-as superior to or more advanced than others. But the plain lesson of history is that, as the circle of participation in society widens, almost everyone profits. They profit not just in a better standard of living for everyone, but in the productivity of the economy, in better social servicesfor everyone, in wider political participation, in more freedom and in more protection for human rights.
47. The process of change entails risks, yes, but change is inevitable. I~ is not a question of being able to withstand change or even of directing it; it is a question of understanding change and co-operating with it. The change of our time, the basic dynamic of our time, leads to more participation by more people in society. Poverty is the basic obstacle to the realization of human rightS for most people in the world today. Where poverty is the problem, . participation is! the answer; that is, participation in the economic life of the society. Economic growth must be pursued with equity in mind, and not just for the profit of a few at· the top or for the power of the State and the Government. The ultimate goal of economic development must be equity, with broader participation by all in production and consumption as the main objective. Spr ~)k ing before the opening meeting of the eighth General Assembly of the Organization of American States, on 21 June 1978, President Carter said:
"The challenge of economic development is to help the world's poor lift themselves out of misery."
48. To share responsibility is to make more participation possible. The more participation there is, the wiser willbe the government. The Prime MiImter of Jamaica, Mr. Manley, made a stirring affirmation of his own faith in democracy when he spoke to us here in October. He was, the Assembly will recall, urging us to a united effort in the struggle against apartheid. He said:
"We believe that any Government which has the courage to mobilize its people and tell them the truth will receive the overwhelming support of its citizens." {30th meeting, para. 42J
I also believe that we m?'iS~ let our people hear the truth, the whole truth, and we must not be afraid to mobilize our citizens to participate more fully in the political and economic process.
49. Expanding participation should not be limited, how- ever, to governmental initiative. There is an important role for non-governmental organizations. For the iast year the Government of India has been reminding us rJf the importance of autonomous-and I stress the word "alto- nomous"-national human rights institutions.
so. We need not fear change if we build into it more equity and more participation. Indeed, fear ofsocial change is the thing that we need to fear the most. Ifwe are afraid of social change and try to preserve that which is already eroding beneath our feet we will fail, because the dynamic of history is to widen the circle of those who partidpate in society. Whatever the aims of the struggle-medical care for those who do not have it, bread for those who are hungry, freedom from prison for those who are imprisoned for conscience's sake, freedom of the press to print dissenting opinions, a job for those who are unemployed, the right to self-determination for majorities oppressed by minorities, the right of workers to organize, the right to speak one's own language in one's own school-all are demands for more participation and more dignity•
51. If we invest just half as much energy and imagination in building a world community of the people as we have wasted in resisting the aspirations of the people, we will overcome. It is our hope that we are at the end of a period of cold wars, but we are just beginning to find ways to build the structures of co-operation. Co-operation will demand a different substance and different style than does confrontation. It will take a whne for us to leam how to change, and I am afraid that we will all carry with us for some years some of the characteristics of confrontational polities, But it § more rewarding for everyone, even ifit is. more difficult and demanding, to practise the art of building a community and fostering co-operation fot the common good. I' believe we can get just as excited about building something as we can about protecting something. I believe that co-operation for the common good of human-
52. Perhaps some neglected methods can be of great help to us in the struggle to promote and protect human rights.
53. First, emphasis on autonomous national institutions. We have not given due credit, or due attention, to the creative role of independent private institutions dedicated to the protection and promotion of human rights. My own experience was with the civil rights movement and the churches of this country, and I know what they were able to do in a few short years. Also, the role of a free and responsible press needs to be recognized. The press can be a guardian of the public interest and a critic of the abuses, where they exist, of public power-and of private power, for that matter.
54. A second way to promote human rights is through the use of the United Nations and governmental authority and influence as a catalyst and agent of goodwill in stimulating a process of participation by those who have common .interests and concerns. The United Nations and interested nations are doing this in the case of Zimbabwe and Namibia, where the effort is not to impose a solution but to facilitate the building of communications among all the parties concemed, so that by talking to one another they may learn to formulate their own solutions to their problems. This is what the United States has been trying to do in the Middle East, acting not as a judge between Egypt and Israel but as a mediator, trying to be a catalyst in a process of ever-expanding conversation and co-operation. This is what the United States, the Dominican Republic and Guatemala are trying to achieve in Nicaragua-not the imposition of an external answer, but the strengthening of the process of consultation among all. parties involved so that they can find their own answers.
55. I believe that we at the United Nations can be even more active in thisway thanwe have been. It is not enough to halt conflicts and to provide buffer or-peace-keeping forces; it is not enough to denounce problems or supposed culprits. Wemust find a positive, creative role, that ofbeing the .catalyst of change, of promoting the process of wider participation where there are conflicts, so that all the parties are involved.
56. In this struggle to make all people free, we ourselves must become free. Freedom is not some distant state of affairs when there will be no more problems and history will have arrived at some Utopia, some paradise, some order of perfect justice, Freedom is soHdarity with those who are less free than we are. Freedom is taking the risk of working for social justice for all people.
57. The United Nations was created as a result of the struggle for freedom against tyranny. There are many forms of tyranny, and none of us is exempt from the temptation to conspire with tyranny against freedom by remaining indifferent to the struggle of others to be free. But our very humanity resides in our capacity to identify with the others and to join in thestruggle to ~e all ~rsons free.
59. Mr. ABDEL MEGUID (Egypt) .'interpretation from Arabic): Although 30 years have elapsed since the adoption of the Universal Declaration of Human Rights, a large number of peoples continue to be deprived of their elementary rights, of the right to freedom and of political rights, and are still suffering the consequences of policies of oppression and apartheid. Similarly, those countries are not enjoying their essential rights, flrst and foremost among them the right to self-determination. Here I should like to refer to the peoples of Namibia, Azania, Zimbabwe and Palestine.
60. Despite this gloomy picture, a certain amount of. progress has been achieved in the field of human rights. Today we take pleasure in noting that the international community has adopted a principle which the developing countries have always upheld, namely, that of the close interrelationship of political and civil rights and economic, social and cultural rights. It has also been established that socio-economic circumstances cannot be separated from the enjoyment ofhuman rights and fundamental freedoms. The promotion of political and civil rights can only be achieved provided that adequate economic, social and cultural conditions exist Failure to enjoy economic, social and cultural rights is an automatic negation of theoretical values on the political and civil plane. Therefore, we are very pleased to see that the United Nations has deliberately refrained from separating civil and political rights from economic, social and cultural rights.
61. In discussing the question of human rights in the United Nations, I take this opportunity to list what has been done by the Organization in this area. I would say that, despite difficult conditions and limited funds, as well .as the delicate nature ofthis subject, the United Nations, as • my country sees it, has been able to achieve considerable progress in this area. This prompts me to stress that we do not agree with any of the criticisms levelled at the United Nations in tha matter.
62. The only negative aspects to which I should like to refer here is the fact that certain individuals pose as defenders of human rights against others and wish to impose their own specific and limited concept of human rights, thus imposing one example without leavingroom for any others. At the same time, if we leave aside the essential principles, with which we all agree, it can be seen that practices and customs in various societies throughout the world encourage us to try to adapt ourselves. to the circumstances and the way of life of each society. There- fore, the study of topics which relate to human rights throughout the world must essentially be based on respect for the practices and customs of each country and the features of each society, because all these essential elements are subject to the historical processes of evolution, be it in the spiritual or material sphere.•In this connexion, the international community is duty-bound to consider the political, social and economic circumstances which are the particular feature of each society, I should like in particular to refer to those countries and peoples which have suffered
64. Mr. ABDUL-AZIZ (Libyan Arab Jamahiriya){intetpre- tationfrom Arabic): I have been asked by the Minister for Foreign Affairs of my country to read a message addressed to the Secretary-General, Mr.Kurt Waldheim, on the occasion of the commemoration of the thirtieth anniversary of the Universal Declaration of Human Rights:
"On the occasion of the thirtieth anniversary of the Universal Declaration of Human Rights, recalling resolu- tion 423 (V), adopted at its fifth session, fn which the General Assembly called upon all Member States and international organizations to designate 10 December of each year as Human Rights D.lY, and in accordance with General Assembly resolution 32/123, adopted at its thirty-second session, in connexion with the celebration of the thirtieth anniversary of the Universal Declaration, I should like to remind Your Excellency that the Socialist People's Libyan Arab Jamahiriya continues to be strongly committed to all the principles and fundamental free- doms referred to in the Universal Declaration of Human Rights, adopted by the International Organization in 1948 and contained in resolution 217 A (III). ArtiCle 1 of the Declaration, which states that all human beings are born free and equal in dignity and rights, that they are endowed with reason and conscience and should act towards one another in a spirit of brotherhood, is entirely in accordance with what is stated in the Islamic Sharia- the Islamic laws-which govern our society in the libyan Arab Jamahiriya.
"My country has actively participated in activities in the field of human rights, both in the meetings of the General As..lIembly in its regular sessions and in the work of the Commission on Human Rights, of which D,;1y country was
''The same grave situation is also prevailing in occupied Palestine. The Palestinian people continue to live in suffering and tragedy. The conspirators are ignoring their rights and freedoms and the Zionist entity continues to pursue its policies of aggression and violations of human rights in this sacred part of the world. While pretending to support resolutions on human rights and the principles on which they are based, this entity is continuing to pursue all forms of racism. Other parts of the world are still witnessing violations of the rights of man, his basic freedoms, his right to self-deter- minaticn, his right to live without ~ationbasedon colour, race, religion or language and his right to live in equality with all others without discrimination.
"The Socialist People's Libyan Arab Jamahiriya stresses its dedication to and full support of all principles and resolutions regarding the rights of man and his basic freedoms.
"I would like to thankYour Excellency for your effores to promote the cause of human rights and for Y\H1r important role in the servix of the causes of justice, freedom and peace for all mankind,"
65. Mr. PIZA·ESCALANTE (Costa- Rica) (interpretation [ram Spanish): First of sll, my delegation wishes to add to this tribute the words or the President of the Republic of Costa Rica, Mr. Rodrigo Carazo, in a recent telegram he sent to the President of the General Assembly:
"People and Government of Cossa Rica through me join in observing the tb±ti~th anniversary of the Uniwrsal Declaration of Human Rights and express their fmn hope that all human beings will achieve enjoyment of the respect and peace which they deserve."
66. Secondly, I wish to .nnounce to the United Nations that the Government of Costa Rica, in commemoration of this anniversary, hr- tecreed that 10 December of every year will bel an ofu, celebration throughout the country ofUniversal Human .tights Day.
67. Thirdly, I should now like to share with the Assembly a few modest reflections.
68. My delegation has a very special interest in participat- ing, in word and deed, in the celebration of the thirtieth anniversary of the Universal Declaration of Human Rights, for, as representatives and as part of the people of Costa Rica, we have a sacred and unconditional commitment to the fundamental universal rights ofhuman beings.
76. I believe that we could pay no better tribute to the Universal Declaration of Human Rights than to speak clearly about its immediate consequences and its conse- quences over the medium term. 70. Last Monday [77th meeting], the President-elect of this General Assembly, with the elegance and brillance that are characteristic of him, with the great authority, not only of his post but also as the representative of our Hispanic end Latin American communities, stressed that the concept of human rights and fundamental freedorns flows from a tradition often thousands of years old and emerges, as in this time of crisis, to synthesize the meaning of history.
71. Permit me to interpret in this way the real meaning of the words of Mr. Lievano Aguirre, to endorse them and comment on them. I believe, in truth, that the Universal Declaration reflects, with greater nobility and depth of meaning than any other international instrument, that great tradition to which he referred, which is the sum and substance of our civilization and the only guarantee for our future.
72. Here I would side with the optimists, who seek, despite the pendulum-like movement of history with its advances and setbacks, a constant of progress, which is found in the continued and progressive liberation of man, in the dignity bestowed upon him, which is, in the end, the ultimate reality after God.
73. We should strive for respect for the dignity of man and his Iibera.tion from fear, which means the right to life and security; the dignity and liberation of man as regards his conscience, which means freedom of thought and religion; the dignity and liberation of man in his personal and family life, which implies the rights of the family and the inviolability of the home and of correspondence; the dipnity and liberation of man in the face of arbitrariness, which means personal freedom and independent and impartial courts; the dignity and liberation of man in the face ofexploitation, which means the right to work, health, social benefits and ownership; the dignity and liberation of man in the face of despotism, which means freedom of information, freedom of expression and the sacred right of dissent; the dignity and liberation of man in the shaping of his own destiny, which means the right to education, marriage, the free choice of work, freedom of association and the right to enjoy the fruits of his own labours; the dignity and h"bemtlon of man and his right to participate in the building and improvement of society, which means political rights; the dignity and liberation of man in the face of poverty, which means economic and social rights in general.
74. Finally, there is the dignity and liberation of man in his own eyes and in the eyes of others, that -is, in the face of society, State and Government, in the midst ofpoverty and adversity and in international society.
77. First of all, W~ must say that under the Universal Declaration of Human Rights respect for and observation of human rights and freedoms no longer fall just within the internal jurisdiction of States, but are within the ambit of the international community. Wherever those rights are violated or scorned, international peace and security are jeopardized and all mankind must come to the rescue. Under the very concept of human rights the individual as such has become now a subject ofinternational law, and we must work sincerely to see to it that these principles become a reality, without the interference of benighted natiocalism or internal jurisdiction, which must no longer exist in this area.
78. An important distinction, which frequently is not made, must be made if we are to combat hypocrisy and confusion. There are two kinds of human rights which are equally important, but whose effectiveness is different by their very nature: the rights of freedom, which are rights vis-A-vis the State; and social rights, which are rights to the activities of the State. The former, the rights of freedom, are fundamental, not because they are more lofty, but because they determine the others; they are the rights which either are respected or are violated, and therefore they are the ones which require of the international community preventive action, or, when necessary, repres- sive action. The latter, 'economic and social rights, are the lofty aspirations of the human community which can be either realized or not realized, for better or worse, but which by their very nature are not violated and therefore do not allow for preventive or repressive action. Rather, they require co-operation on the part of the international community if they are to be realized.Until thisdistinction is made perfectly clear, the hypocrisy of those who violate fundamental human rights will continue to reign on the pretext that elsewhere economic and social. rights are violated, and the international community will then be denied an opportunity to exercise effective action.
79. I wished to offer this explanation to voice some concerns in order to better clarify and perhaps better define our future struggle for human rights. let that be sufficient then as I pay this tribute to the Universal Declaration of Human Rights.
80. May I end with an appeal, a plea, to all nations, from this forum of the United Nations, that we redouble our efforts, as required by the Charter of our Organization and the Universal Declaration whose anniversary we are cele-
It is a great pleasure for me to inform the Assembly of the statement made by Mr. Sonoda, the Minister for Foreign Affairs of Japan, to commemorate the thirtieth anniversary of the proclamation of the Universal Declaration of Human Rights. His state- ment reads as follows:
"'I wish to express, on beualf of the Government of Japan, the most sincere admiration for the untiring efforts with which the United Nations has striven to secure universal respect for and observance of human rights.
"The United Nations has achieved much in the area of the promotion and protection of human rights. What has been achieved in only three decades should inspire all to work with the Organization to create a world in which all men fully enjoy the rights and freedoms proclaimed in the Declaration.
"We should take as our guideat all times the Universal Declaration of Human Rights, which was proclaimed as a common standard of achievement for all peoples and all nations.
"I take this opportunity to express the renewed determination of my Government to join in the Organiza- tion's efforts for the attainment of the ideals expressed in this noble Declaration."
83. The Charter of the United Nations solemnly states that the promotion of respect for human dignity, human rights and fundamental freedoms is among the most important objectives of this international Organization.
84. The Universal Declaration of Human Rights, by amplifying the spirit of the Charter and enumerating the basic principles of human rights, constitutes a genuinely historic document, one which firmly establishes the founda- tion for the promotion and encouragement of further efforts in this field. During the past 30 years, we have built upon this foundation a highly elaborate structure for putting these principles into practice. This structure is the product of two elements: first, a comprehensive series of conventions, declarations and recommendations, among which the International Covenants on Human Rights, which embody and codify the contents of the Declaration, are particularly notable; and second, a highly varied machinery within the United Nations system. It is our strong belief that, given this structure, the task which remains for us is to strive with even greater determination and vigour for the
a~tual realization of human rights through the implementa- tion of these agreements and the utilization of existing machinery. In this context, I am happy to note that, as a result of the multiple endeavours carried out through this
85. There are a number of conditions that are closely related to the realization of human dignity and human rights, and the efforts of the international community should be directed towards fulfilling those conditions in actual terms. The conditions to which I refer are, in particular, peace and security, independence and self- determination of peoples, elimination of discrimination of all kinds, and economic and social development.
86. I need hardly dwell en the adverse effects that war can have on human dignity and human rights. War mevitably inflicts immeasurable suffering on people, and, under its pressures, human rights and fundamental freedoms are often among the first things to be victimized. Viewed from this perspective, it is clear that the efforts being made by the international community in general, and by the United Nations in particular, for the maintenance of peace and security are aleo vitally important for the realization of human dignity and human rights.
87. Colonial and foreign domination invariably render impossible the full realization of human rights, for it deprives the peoples under such domination of one of the most important political rights-the right to self-determi- nation. In this respect, the past three decades have witnessed great progress. Since 1948, when the United Nations had only 60 Member States, 90 new Membershave joined the Organization, and I believe that this fact offers eloquent testimony to the degree of independence and self-determination that has been attained in the world of ~d~. .
88. Among the various categories of distinctions that continue to colour relationships among human beings, racial discrimination and discrimination based on sex are particularly striking. Nevertheless, with regard to the former, it is heartening to note that the Decadefor Action to Combat Racism and Racial Discrimination [see resolu- tion 3057 (XXVIII)) is currently being observed in an attempt to accelerate the momentum of the elimination of this form of discrimination and that the WorldConference to Combat Racism and Racial Discrimination, which serves to mark the midpoint of this Decade, was held in August of this year.s It is, however, extremely deplorable that racial discrimination in its most Virulent form is still practised in southern Africa, It is the responsibility of the international community to continue to strongly demand the elimination of such practices and to continue to make every effort to this end.
89: With regard to discrimination against women, a great deal of progress has been made since the adoption in 1967
2 See Report of the World Conference to Combat Racism and Racial Discrimination, Geneva, 14-25 August 1978 (United Nations publication, SalesNo.E.79.XIV.2).
90. In recent discussions of human rights questions in the various United Nations organs, an increasingly great em- phasis has been placed on the interrelationship between economic and social development, on the one hand, and the promotion of human dignity and human rights, on the other. All human rights are indivisible, and the .ecuring of economic, social and cultural rights and the realization of civil and political rights are mutually dependent. This adds to the importance of the development efforts being made by the United Nations, and I believe it to be extremely important that this aspect of human rights should 00 taken fully into consideration in formulating an international development strategy for the third United Nations develop- ment decade or in observing the Second United Nations Development Decade. In this way, these efforts will contribute not only to greater economic development but also to the achievement ofhuman dignity and human rights.
91. I should like to emphasize again that the four conditions that I have just described, namely, peace and security, independence and self-determination of peoples, elimination of all forms of discrimination, and economic and social development, are the essential prerequisites for the realization of human dignity and human rights, and the maximum attention must be given to their fulfilment,
92. My country attaches great importance to the question of human rights. The Constitution of Japan, which was promulgated in 1946, two years before the adoption of the Universal Declaration, places the greatest emphasis on the protection and promotion of human rights and fundamen- tal freedoms, parallel with the pursuit of peace, and contains virtually all the principles provided for in the Declaration. In this regard, I am proud to state that both the spirit and the letter of our basic law have been consistently and vigorously' implemented over the years. But we are not content to confme our endeavours to Japan's internal situation. As our Minister for Foreign Affairs stressed in his general statement at the beginning of the current session {6th meeting], Japan wishes to actively support and to join in international efforts to secure fundamental human rights. In this connexion, I should mention that earlier this year the Government of Japan signed the International Covenants on Human Rights.
3 United Nations Decade for Women: Equality, Development and Peace (resolution 3520 (XXX». ~ 4 See Report of the World Conference of the International Women's Year, Mexico City, 19 June-2 July 19-75 (United'Nations publication, Sales No.E.16.1V.1). 5 World Conference of the United Nations Decade for Women (resolution 32/140).
I now call on the representative of Mauritania, who will speak on behalf of the Arab group of States.
The thirtieth anniversary of the Universal Declaration of Human Rights, which we are observing today, provides me· with a welcome opportunity to reaffirm on behalf of the Arab group of States our profound faith in the principles enshrined in the Declaration and our conviction that universal respect for human rights and fundamental free- doms for all human beings without any discrimination based on race, language or religion is one of the primary goals of our Organization.
96. This day provides us with an opportunity to take stock of the present human rights situation, what has been achieved and what lies ahead.
97. There can be no doubt that we have achieved some very important results. It is sufficient to note how many of us have joined the family of independent States since the adoption of the Universal Declaration of Human Rights. That in itself was an exercise of fundamental human rights.
98. Also, our Organization and its specialized agencies have adopted a set of legal instruments, the purpose of which is to promote a better enjoyment ofhuman rights in various areas oflife.
99. The growing awareness and heightened interest which have been shown throughout the world concerning the principles and values expressed in the Declaration are, for us, a source of satisfaction, because they are the proof that the dynamic process which was initiated in 1948 continues to triumph and that the clouds which still darken the horizon will gradually be dispelled.
100. If today the States which make up our Organization are unanimous in celebrating the principles contained in the Declaration, it is nevertheless true, unfortunately, that there are anachronistic situations, marked by the violation ofhuman rights, persisting in various parts of the world.
101. In the Middle East, despite the various efforts which have been made to defuse the situation and find a solution for the tragedy which has been visited upon the peoples of the region, a tense situation, which at any moment might break into awar with disastrous consequences, still persists.
102. If our Organization has proved unable, for more than 30 years, to fmd a solution to the problem of the Middle East, .it is because the Palestinian people, which has been expelled from its homeland, persecuted and deprived ofits most legitimate and fundamental rights, continues to be thrust aside by international zionism.
104. On this thirtieth anniversary of the UniversalDeclara- tion of Human Rights, our .Jrganization should do every- thing inits power to rectify the mistake made in 1948, the year when the Palestinian people found itself arbitrarily deprived of its fatherland, and prey to hunger, sickness and ignorance.
105. In southern Africa, a situation almost identical to that in the Middle East has persisted for more than a generation. The South African Government, despite appeals to reason and condemnation by our Organization, con- tinues to apply a policy which has been censured by the entire international community.
106. The people of South Africa, subjected to the policy of apartheid, continues to be herded into reservations and to suffer brutal oppression and systematic exploitation.
107. Each day that dawns brings a further burden to the Azanian people and a challenge presented by the presence of South African armed forces.
108. Our Organization, confronted with a situation in which man is reduced to a beast of burden, should therefore adopt the measures provided for in the Charter to put an end to this tragedy which is one of the most persistent of our time.
109. In Namibia, the violation of human rights has become a current practice and a system of government. The trust which our Organization placed in South Africa by temporarily handing over to it the administration ofwhatwas previously South West Mrica has frequently been dis- appointed, to the point where Namibia has today become a colony of South Africa. There again, despite the numerous efforts which have been made, particularly those made by the Security Council through the plan of the five Western Powers,» South Africa remains intractable.
110. In Zimbabwe, a handful of white racist settlers, supported by an international lobby tolerated by the industrial Powers, has for more than 13 years now imposed on the authentic inhabitants of that Territory a system of government which is in every respect contrary to justice and law. Our Organization, although it is not directly responsible for the situation which prevails in that part of Africa, nevertheless has taken no decision which conforms to the desires of the African continent, namely, to allow the people of Zimbabwe to decide its future and choose in full freedom and democracy those of its sons whom it believesshould represent it.
111. Without indulging in cm. exhaustive enumeration of all the colonial situations which constitute the prime negation of human rights, I should like to express our abhorrence and condemnation of colonialism, racism and
112. But, unfortunately, the situation of hundreds of millions of persons in developing countries still remains precarious in that respect.
113. In fact, the efforts that have been made by the Governments of our countries to extricate themselves from the situation which they inherited from colonialism have been impeded by the adverse effects of an unjust interna- tional economic order.
114. Undoubtedly, progress has been achieved since 1948, but we are still far from having a system of equitable relations; whether it is a question of the price of raw materials or of the transfer of technology, the developing countries are subject to discrimination which affects other sensitive areas of co-operation and international relations.
115. In this connexion, the great Powers and the other advanced countries have a m:>Jor responsibility to the rest of the world and a decisiverole to play in this field. On this solemn occasion our hope is that tho~ countries will finally resolve to play that role faithfully and fully.
We are marking the thirtieth anniversary of the adoption ofthe Universal Declaration of Human Rights. During the past 30 years the United Nations has adopted the International Covenant on Civil and Political Rights, the International. Covenant on Economic, Social and Cultural Rights and a host of other declarations and conventions. The corpus of international norms, standards and. principles which the United Nations has established in the field of human rights is an extremely impressive one.
117. What is, however, very disturbing is that there is little congruence between these norms, standards and principles which we profess to uphold and the actual behaviour and conduct of nations. How can we explain this discrepancy? There are probably several reasons which account for it.. The first is the deceitful behaviour of some Member States which pretend, at the United Nations, to subscribe to these norms, standards and principles and then violate them flagrantly at home. The second reason is that many developing countries regard these norms, standards and principles as ideals or goals which they will strive to achieve but which, in the short term, they are unable to implement to the full. The third reason is that some Member States regard these norms, standards and principles as being applicable to others, especially to their adversaries,but not to themselves.
118. In recent years, the representatives of some Western countries have argued that the violation of human rights should no longer be treated as a matter falling exclusively within the domestic jurisdiction of a State, but is a proper concern for the whole international community. This raises one of the most controversial doctrinal issues relating to the field of human rights and one on which there is no consensus. There appear to be at least three schools of
119. If one examines the record of the United Nations in the field ofhuman rights one is impressed, on the one hand, with the tremendous corpus of international norms, stand- ards and principles to which this Organization has given birth, but, on the other hand, one is depressed by the non-compliance of Member States with these international norms, standards and principles. One should. also be concerned by the selective way in which countries are censured for violations of human rights. There is clearly no uniform application of the rules to everyone. Some States are condemned. Other States, including some whose records may be just as bad or even worse, literally get away with murder.
Thirty years ago, in 1948, the General Assembly adopted \ale Universal Declaration of Human Rights. Since then, the General Assembly has aspired to a world where human beings-the entire world community, in fact-will live in freedom, peace and security, protected from colonialism, oppression and racism and without any discrimination based on colour, race or creed.
121. Although 30 years have elapsed, and although we have noted considerable development in the international arena-we have seen that a large number of countries have attained their political independence and have achieved much in the way of national ?"d economic liberation and consolidating their basic social and economic objectives-, it can still be said that this positive evolution could not have occurred without a bitter struggle naving been waged by those peoples against invaders and colonizers. In this connexion, we must note with some bitterness that the General Assembly of the United Nations has encountered, and continues to encounter, major difficulties, having been unable fully to implement the Universal Declaration of Human Rights and the International Covenants on Human Rights; nor has it been possible for everyone effectively to participate in resolving the problems of all countries.
122. As the representative of the Republic of Iraq, one of the countries of the Asian continent-which represents most of the people of the third world and perhaps of the whole world- I should state that my country suffered from the colonial presence for a number of years. I should like
123. The question of human rights is not only a political one, but involves other factors, economic, social and cultural. It is a whole which cannot be divided and, therefore, all countries and organizations interested in human rights should emphasize those cases where individual or community interests are violated.
124. The peoples of South Africa, Zimbabwe and Namibia and the people of Palestine continue to suffer some of the most ignoble forms of oppression, and their economic and political rights are being violated because of the attitude of the invading forces and because of colonialists racis practices that benefit from the connivance and support of the great Powers.
125. It is indeed deplorable that certain major countries and international orgamzations, while devoting their efforts to defending the rights of i,dividuals, are at the same tone ignoring the struggle waged by an entire people to recover their legitimate and elementary rights. These rights are quite clearly set out in the Universal Declaration of Human Rights and the United Nations Charter. Dozens of resolu- tions have been adopted, both in the United Nations and outside this body, concerning the Palestinian people and the situation in Mrican countries such as Zimbabwe and Namibia. Unfortunately, none of those countries which have advertised their support for human rights by dwelling on certain individual cases, for very specific reasons, wish even to consider the situation of those peoples to which I have referred. I would even say that those countries have an antagonistic attitude on these matters, ignoring the fact that they are disregarding international public opinion which has consistently advocated a just and durable solution to these problems.
126. Examining quickly the debates of this session, we would draw the following conclusion: the implementation of the Universal Declaration of Human Rights has been greatly distorted and, in fact, opposed by a group of States Members ofthe United Nations despite the empty allega- tions which have been made by those countries. The struggle continues and the international community is waiting for the time when the world aspired to by our Organization will come into being-a world where mankind will live in full enjoyment of all its freedoms-by imple- menting the Universal Declaration of Human Rights, the thirtieth anniversary of which we are commemorating.
Mr. Urqula (El Salvador), Vice-President, took the Otair:
The Byelorussian Soviet Socialist Republic, together with the Soviet Union and other socialist Member States of the United Nations, was a party to the elaboration of the Charter of the United Nations and other important international documents, includingthe Universal Declarationof Human Rights.
130. Many of the fundamental provisions of that Declara- tion were the result ofpurposeful efforts on the part of our countries to lend it"a character which would enable it to serve the interests of all peoples. Together with the other States Members of the United Nations, the Byelorus- sianSSR has constantly exerted its best efforts to ensure that the principles proclaimed in that Declaration are legally consolidated and embodied in international legal documents to establish a sound basis for constructive international co-operation, thus promoting the guarantee of human rights and fundamental freedoms in all countries of the world.
13L The socialist countries, including the Byelorus- sian SSR, were very actively involved in the drafting ofthe International Covenant on Civil and Political Rights, the InternationJ! Covenant on Economic, Social and Cultural Rights, the Convention on the Prevention and Punishment of the Crime of Genocide, the International Convention on Elimination of All Forms of Racial Discrimination and other international agreements, the purpose of which is to protect human rights from the inroads and encroachments of imperialism and colonialism. The countries of the socialist community were among the first to ratify those agreements and to struggle consistently for their imple- mentation.
132. In keeping with that position, the ByelorussianSSR has also become a party to numerous international legal documents in the field of human rights which have been drawn up by the United Nations, including the Interna- tional Covenants on Human Rights, and strictly fulfils the commitments it has undertaken, as evidenced in particular by the reports which have been presented by the Byelorus- ssian SSR on the implementation of those Covenants. In observing the thirtieth anniversary of the Universal Declara- tion of Human Rights the B3l'lorussian SSR am be justly proud of what has been done in the Republic during that period to implement human rights.
134. A member-designate of the Politburo of the Central Committee of the Communist Party of the Soviet Union, the First Secretary of the Communist Party of the Byelorussian SSR, Mr. Masherov, when speaking in con- nexion with thisvery important event emphasized:
"The constant and unswerving application of the I.eninist national policies by the CommunistParty of the Soviet Union has meant all-around prosperity and grow- ing solidarity for the socialist nations created by the great October Revolution. Within the Soviet family of fraternal peoples the Byelorussian people has increasedimmeasura- bly its strength and possibilities and has acquired every- thing necessaryfor progressin all spheres."
135. Section 11 of the Constitution of the Byelorus- sian SSR is entirely devoted to the question of the fundamental rights, freedoms and obligationsof the citizens of the Byelorussian SSR. Article 37 of the Fundamental Lawof the Republic states: i "Citizens of the ByelorusslanSSR enjoy in full the social, economic, political and personal rights and free- doms proclaimed and guaranteed by the Constitution of the USSR, the Constitution of the Byelorussian SSR and by Soviet laws. The socialist system ensures enlargement of the rights and freedoms of citizens and continuous improvement of their living standards as social,economic and cultural development programmes are fulfilled."
136. The Constitution of the ByelorussianSSR provides. finn guarantee of all rights-civil, political and socio-' economic: the right to participate in the management of State and public affaiIs and the discussionand adoption of laws and decisions of State and local concern; the right to form and to join public organizations; the right to freedom of speech and freedom of the press; the right to labour, rest, health care, housing, education and access to culture; the right to old-age pensions, sickness benefits and pay- ments in caseofcomplete or partial disability, er loss of the breadwinner, and all other rights. In a system ofdeveloped socialism these rights are fully guaranteed in practice, and are becoming more profound as we succeed in building communism.
137. The Byelorussian people considers the building of a developed society as a contribution to the generalcauseof the struggle of peoples for peace, democracy and soci.!l progress and the assurance of their rights and fundamental .freedoms. Indeed, article 67 of the Conatitution of the Republic states: "It is the internationalist duty of citizens of the Byelorussian SSR to •• _help maintain and strength- en world peace."
138. The complete concordance of the tasks of building and perfecting developed socialism and of fUIfMr develop-
f~ld of human rights as. an jmportant constituent part of the basic purpose of the United Nations, namely, to uphold international peace and security. While recognizing the importance of the adoption of the Universal Declaration of Human Rights as the first attempt at the international level to systematize and expound the basic human rights and freedoms, we wish also to stress the significance of the later work carried out in the preparation of additional agree- ments in the field ofhuman rights.
140. In the opinion of the Byelomssian SSR, international co-operation in guaranteeing and implementing human righ:fd fundamental freedoms is a process which requires an ext mely responsible attitude on the part of allSta.tes. In . connexion, one of the essential conditions of its further development is the acceptance and fulfilment by States of specific international obligations in accordance with existing international legal agreements in this field. At the same time, as we see it, the use of the question of human rights in order to intervene in the internal affairs of
o~er States is completely inadmissible. In these circum- stances, the desire of certain countries to organize a demagogic campaign for the so-called protection ofhuman rights beyond their own boundaries can only be construed as an attempt to distract the attention of world public opinion from the abnormal situation that exists with regard to the practice of human rights in those countries them- selves.
141. Attempts are also being made in the United Nations to reduce the importance of the whole process of international co-operation in the human rights field by setting up a number of supranational organs, the activities ofwhich areessentially aimed at interference in the internal affairs ofother States.
142. The Byelorussian SSR condemns out of hand this misuse of the question of human rights and declares that such a position is entirely and fundamentally contrary to the principles of international co-operation and the provi- sions of the United Nations Charter.
143. The Byelomssian SSR considers that at the present time, on the basis of the Charter of the United Nations, the Universal Declaration of Human Rights and other interna- tional instruments, the main attention of the international community as far as human rights are concerned should be focused on the stmggle against themass and gross violations of the human rights of the peoples of southern Africa and the occupied Arab territories, against the existence of
f~'ist regimes, and so on. In order to promote interna- tional co-operation in the field of human rights, it is also essential that all States Members of the United Nations IC\:ej)t the. commitments which are J2id down in the
145. The policy of fostering international tension, which is being pursued by certain reactionary circles, and prepara- tions for military exploits, constitute a direct threat to the right to life. Socialism has 'been a tireless and consistent protector of that right. The promotion of the principles of coexistence among States and the development of mutually beneficial co-operation among all countries, which have been the constant aim of the Soviet Union and all countries of the socialist community, have made an active contri- bution to improving the international political climate and have helped to create conditions in which the aspirations of all peoples to a life of peace and an end to the arms race may be fulfilled.
146. Speaking at the 116th meeting of the fIfth session of the Human Rights Committee? in connexion with its consideradon this year of the report of the Byelorus- sian SSR in accordance with article 40 of the International Covenant on Civiland Political Rights, the representative of the Byelomssian SSR pointed out in particular that the constant struggle for peace and detente and the efforts against the policies of aggression, colonialism and racism constituted, in the opinion of the Government of the Byelorussian SSR, a decisive factor in the creation of favourable conditions for effective activities in the human rights field. In this connexion, in celebrating the thirtieth anniversary of the Declaration of Human Rights, we must direct the efforts of all peoples to the continuing struggle for peace, security, international detente, disarmament, the ending of the arms race and the cessation of the develop- ment and manufacture of new forms of weapons of mass destruction, including the neutron bomb. Only by consoli- dating peace and international detente shall we be able to serve the interests of mankind; only then can we help to speed up social progress among all peoples and help to promote a comprehensive and universal respect for human rights and freedoms
My delegation joins the General Assembly in the solemn observance of the thirtieth anniversary of the Universal Declaration of Human Rights and reaffmns the Philippines' abiding commitment to human rights.
148. The Philippines had the privilege of participating actively in the deliberations in Geneva on a draft universal declaration that could serve as a common standard of achievement for all peoples and allnations.
°149. It is relevant to recall that when the Universal Declaration was adopted, on 10 December 1948, the membership of the United Nations was limited to some 64 States. Today the membership of the United Nations has grown to ISO, with Dominica, now a sovereign State, soon to become a full-fledged Member of our Organization, which will thus reach near universality.
7 See CCPR/C/SR.H6, paras. 2-17. see also Official Record' of the General Afsembly, Thirty·third &uion, Supplement No. 40, paras.521-554.
151. It is no mere accident that the principle of the right of colonial countries and peoples to the exercise of self-determination and independence occupies the highest priority in the scale of human rights embodied in the Universal Declaration of Human Rights, the International Covenants on Human Rights, the International Convention on the Elimination of All Forms of Racial Discrimination and the very Charter of the United Nations.
152. The Secretary-General, referring not only to decolo- nization, has said that "the record shows ... that we have accomplished much", that "many nations in all parts of the world have initiated reforms and broken new ground with human rights legislation inspired by the Declaration." [77th meeting; para. 11.J
153. Mr. Romulo addressed himself to this very question when he argued before this Assembly on 26 September that everyone subscribed to the Universal Declaration of Human Rights, but that it was not human rights as such that were in question, but rather "the priority of cJ.oice in the hierarchy of human rights" [8th meeting, para. 22J, and added that "any Government worthy of the name will accord priority to the preservation of human life" [ibid., para. 23J in the promotion of human rights coextensively, which is to say that civil and political rights "cannot flourish in an environment of economic and social depriva- tion" [ibid., para. 25J such as is the lot of the third world. The Secretary-General himself referred to thevery "delicate and complex area of human rights" [77th meeting, para. 12J.
154. MyMinister for Foreign Affairs went on to say:
"We inhabit a plural universe and must learn to accept the diversity of customs, values and specific sets of economic and political circumstances. To compel other nations to conform to another country's values is itself an unpardonable violation of human rights." [8th meeting, para. 29.J
155. It was in this very context that the Secretary-General said significantly:
"It would, indeed, be strange if, with their various traditions, ideologies and levels of economic develop- ment, they [Member StatesJ did not differ in their points of emphasis as far as the totality of human rights is concemed." [77th meeting, para. 12.}
156. And the President of the General Assembly himself, in hiseloquent statement the other day, said:
"It would not be proper for us to judge by the same yardstick.young nations whicn have attained an indepen- dent existence only in the last few years, after a painful colonial experience." [Ibid., para. 4.J
158. At this juncture I should like to make a few pertinent remarks..
159. In the new society under the leadership of President Marcos, the Philippines is exerting prodigious efforts to close the gap between population growth and development in order to give each one of the 46 million Filipinos the opportunity to improve his lot, to share in the fruits of development, to be free from want and fear and to exercise all the rights that are guaranteed to him under the 1973 Constitution of the Philippines.
160. Under the Constitution, the Philippine Government is committed not only to the promotion of social justice so as "to ensure the dignity, welfare and security of all the people", but also to "a policy of peace, equality, justice, freedom, co-operation, and amity with all nations".
161. The Govemment has enacted labour laws designed to afford protection to workers, promote fun employment and equality in employment and ensure equal work opportunities regardless ofsex, race or creed.
162. The separation of Church and State is constitu- tionally Enviolable and the people are free to exercise and enjoy religious profession and worship with discrimination or preference. Today, Filipinos of all faiths and visitors from other lands may worship and-exercise their religious' beliefs and professions in a Buddhist or Hindu temple, in a Chrisdan church or ina mosque inthe very heartofManilaor elsewherein the country.
163. Since 1972, with the advent of the new society, the Government has adopted national measures and enacted legislation which have taken into account the customs, traditions, beliefs and interests of national cultural com- munities or minorities. -
164. To ensure that all··the people know their rights and obligations as citizens of the Philippines, the basic law of the land is officially promulgated in Filipino and English and translated into Spanish, Arabic and every dialect spoken by more than 50,000 people.
·165. In effect, Philippine legislation, customs and natiOnal . projects complement the goals and objectives of the International Convention on the Elimination of All Forms of Racial Discrimination, the International Convention on the Suppression and Punishment of the Crime ofAptlItheid [resolution 3068 (XXV1DJ, annex] the International Cove- nant on Economic, Social and Cultural Rights and the
Internati~:;;.A1 Covenant on Civil end Political Rights.
166. We are trying to establish a more just 'POlity, "to promote social progress and better standards oflife in larger freedom"-in the words of the United Nations Charter. In the process, we.have remoulded mdigenous institutions called lHuangays to fit the present situation. The lxzrtmgrzy! are composed of some 42,000 citizens' assemblies, the .membership of which includes every resident ~r the age
168. There has developed abroad an unfavourable image of the Philippines concerning human rights. This 'has been brought about by unfair, adverse and derogatory publicity in some sectors of the international massmedia, contrary to the reality existing in our country. Wehave no intention of concealing anything and we have invited interested interna- tional organizations to see for themselves the conditions prevailing in our country. We have been able to show the world that our new society is one in which the rule of law prevails, and that basic human, civil and political rights are scrupulously observed.
169. The civil courts in the Philippines continue to exercise their judicial functions with complete indepen- dence. The validity of Govermnent acts is within the ambit of judicial review. The Supreme Court of the Philippines remains the final reviewing body, the final arbiter of the limits of governmental power.
170, The acts ofpublic officials,from the President down, are subject to judicial review. The Supreme Court has acted on numerous petitions questioning the validity and consti- tutionality of the acts and powers of the President on vital questions affecting the national interest. The diversity of the opinions rendered by the members of the high tribunal attests to their independence.
171. Philippine martial law does not only accord full respect to but enhances human rights. The thrust of the policies and programmes of the crisis Government is to protect and prorsote the rights of the citizenry and others residing in the country. The Bill of Rights, cherished by all democratic Governments, is fully respected. This is in contrast to the pre-martial law era, when lawlessness predominated and the human rights guarantees of the Constitution were honoured more in the breach than in the observance.
172. Under our present Government, and pursuant to the constitutional mandate, civilian authority has supremacy over the military. There has been no usurpation or take-over by the military of civilian governmental func- tions. The duly constituted Government and its machinery at the national and local levels are in control and continue to function even. as' the military has been harnessed to supportnational development progress.The military leader- ship is directly involved neither in the formulation of national policy nor in the political decisions of Govern- ment. Throughout their history the armed forces of the Philippines have performed their primary functions of preserving peace' and order and safeguarding national security under the stewardship and direction of the civilian authority. This remains unchanged in the new society.
173. The Philippine press is free, subject only to penal statutes and the self-discipline of the people of the press,a self-discipline which Filipino journalists have impressed upon themselves since they realized that unlicensed and unbridled freedom of the press had contributed greatly to
174. The right of workers to organize, their collective bargaining rights and their rights to security of tenure and just and humane conditions of work are fully protected by the Government The only limitation to the right to strike is when a strike would gravely affect public welfare, as in the case ofvital industries. The right to form associations or peaceably to assemble and petition the Government for . redress of grievances is fully safeguarded, except when the same is utilized to foment disorder, anarchy or acts of sedition.
175. On 30 June 1977, in an address before the Foreign Correspondents' Association of the Philippines, President Marcos said:
"Our commitment to law and order will not be impaired by any lack of regard for human rights and we will permit no question to be raised on the firmness ofour allegiance to the Universal Declaration of Human Rights, upon which we were among the very first to affix our signature at the United Nations. Neither shall we give anyone reason to question our essentially humane and compas- sionate character as a people and as a nation."
176. On another occasion, speakingat a probation seminar on 1 August 1977, he said:
"The whole of our penal policy-its history; its tradi- tions, its bias, if you will-places a very great stress on the importance of dignity and human rights. Both our old and new constitutions are explicit on the guarantees of due process and the equal protection of the law, that no person shall be deprived of his life, liberty or property without such due process."
177. We have revived the old tradition of the tanodbayan; our version ofthe ombudsman, a distinguishedindependent individual who enjoys the respect and esteem of the community and to whom the people can go to air their grievances and be assured of a fair hearing and judgement.
178. My delegation believes that the information media 'can help to contribute irnrneasurablyto furthering "interna- tional understanding and co-operation in the interests of peace and human welfare, and to countering propaganda on behalf of war," racialism, apartheid and hatred among nations;' as stated in the thirteenth preambular paragraph ofthe recent historic Declaration of UNESCO.!
179. In connexion with the obligation of the Philippines as a State party to the International Convention on the Elimination of All Forms of Racial Discrimination, it should be noted that, on 17 April 1978, President Marcos
8 Declaration on Fundamental Principles concerning the Con- tribution of the Mass Media to Strengthening Peace and Inter- national Understanding, to the Promotion of Human Rights and to Countering Racialism, Apartheid and Incitement to War (United Nations Educational, Scientific and Cultural Organization, Records 'Jf the General Conference, twentieth session, voL 1, Resolutions, Res, 4/9.3/2).
180. As part of a nation-wide observance, the Philippines has issued a set of stamps commemorating the thirtieth anniversary of the Universal Declaration of Human Rights.
181. The Philippines is determined to abide by the obligations it has assumed under the various international human rights instruments it has signed, including the International Convention on the Suppression and Punish- men; of the Crime ofApartheid.
182. We will continue to co-operate on a basis of equality in the search for alternative approaches and ways and means within the United Nations system for improving the effective enjoyment of human rights and fundamental freedoms. We will continue to co-operate in giving "life, substance and meaning" to the noble purposes and ideals of the Universal Declaration. However, as Mr. Romulo has said:
"... the strong and the wealthy can best serve the cause of the Declaration not by casting stones-for who among us is without blemish? -but by helping the weak and the poor, in the spirit, a§ one immortal champion of human rights counselled, 'of charity for all and malice towards none'." .
183. Mr. FUENTES IBAt'tEZ (Bolivia) (interpretation from Spanish): The delegation of Bolivia wishes to join all of those who, from this rostrum, have expressed their pleasure and joy at celebrating the thirtieth anniversary of the Universal Declaration of Human Rights. Weshould also like to repeat our confidence that the vigour and maturity implied by an institution's reaching its thirtieth anniversary will serve to reaffirm the purposes for which it was created and strengthen even further the conviction that inspired its authors and our faith that it will continue to be a bulwark of our Organization.
184. We have come a long way. There have been many setbacks and many obstacles to overcome in the fulfilment of the principles of the Declaration. But it must also be recognized that the Declaration has never been ignored, nor have the moral and legal obligations which we, as members of the international community, have assumed under it been ignored.
185. We believe therefore that it is appropriate to pay the highest tribute to the Declaration on this occasion. We can say with legitimate satisfaction that in Bolivia, after many years of declarations about human rights and many setbacks: we are coming very close to achieving the ascendancy of human rights. As a tribute to this occasion dedicated to the affirmation of human freedom and dignity, we wish to say that today in Bolivia there are no political prisoners, nor is anyone in detention, nor has anyone been banished for his ideas or his party affiliation, There is complete freedom of information.
187. They are often the result of social and economic differences which cannot be corrected by a mere act of will on the part of the people or by governmental action, no matter how dedicated or intense that action may be. There are long-standing obstacles which may be aggravated by causes that are difficult to control or by imbalances which adversely affect countries whose economies depend on the marketing of their natural resources.
188. Nevertheless, the right to education, to health and to work are rights which everyone enjoys equally. Social security has been extended this year to agricultural workers in the form of rural aid. This has filled an important gap in our social legislation and benefits one of the largest and most representative segments of the population of the country.
189. Bolivia has reached a level of maturity which now makes it possible to .regard the future with optimism. We have eradicated all prejudice based on ethnicity, colour, language or religion, and this equalization has come about naturally, without violence,without pressure being brought to bear, as the end result of a natural process in which the people asserted their own personality, and a national identity has thus emerged..-
190. The Military Junta which governs Bolivia, under the presidency of General David Padilla Arancibia, has con- firmed and guaranteed the effective exercise of- human rights to all. And as a necessary complement, and by virtue of the restitution of all citizens' rights and civil liberties, elections will be held on 1 July to choose our leaders.
191. The Government of Bolivia, which was set up by a mandate of the armed forces in order to bring about a speedy return to constitutional order, guarantees this process aimed at ushering in a new era in our history. The people will be entrusted with the task of shaping their own lives through freely elected leaders. They will choose their destiny, and their rights and freedoms will be guaranteed. Among these rights, few are so worthy of being protected as those enshrined in the Universal Declaration of Human Rights, whose anniversary we are now commemorating on behalf of the. peoples of the world. On behalf of the Government and the people of BoliY-ia, I can say that we· join the other nations of the world, with a sense of responsibility and hope, convinced that in unplementing . these rights without restrictions we will soon bring about a better world.
We have heard the last speaker in the debate on agenda item 33. The General Assembly will now proceed to take a decision on the draft resolution contained in document A/33/L.18 and Add.l entitled: "National institutions for the promotion and protection ofhuman rights". May I take it that the General Assembly wishes to adopt this draft . resolution?
In the opinion of my delegation, the establishment of a national in.titution, its structure and its functioning are questions which are solely within the
purvi~w of the internal adrninistra~onof each country.
195. My delegation sees no reason why the General Assembly should adopt a resolution on a problem of this type. We believe that the adoption by the General Assembly of such a resolution might in the long run have consequences which would affect the sovereignty of Mem- ber States.
196. For this reason, the delegation of Viet Nam did not participate in the consensus which just took place, adopting the draft resolution dealing with national institutions for the promotion and protection of human rights.
I now call on the representative of Jordan who wishes to exercise his right of reply.
I shall explain my vote in the light of what the Israeli representative said at this meeting. He spoke about the Bible; the Bible is a holy book and Islam holds belief in the Bible as a holy book as one of the cornerstones of that faith; a Moslem's faith is not complete unless he believes in it.
199. The question which arises in one's mind is this: are the words uttered by the Israeli representative the view of Israel's Government, or are they words which have been uttered on behalf of Judaism and the Jewish religion? Israel and Judaism are two different things, In the Bible it says, as quoted by the Israeli representative, that "nation shall not lift up sword against nation." Is Israel obeying this, or is riot its history proof that it at all times violates this biblical verse and the principles of the United Nations Charter? What then is the meaning of the oppression of a whole people and of its enslavement when it falls under the grip of Israel and is pursued, rendered homeless, massacred and gradually exterminated, beginning with the children and ending with the aged?
200. The story of the ten commandments, in the Old Testament, say that God sent the ten commandments to one nation after another. Some nations rejected them because they objected to the commandment which said "Thou shalt not kill." They were rejected by others because of another commandment which said "Thou shalt not steal." They were accepted by the Jews who were bound by them. The nations which rejected the ten commandments existed in a period ofbarbarism. They were barbarians, and in rejecting those commandments they were abiding by their own laws. They were not civilized nations. But today Israel is killing and stealing. Israel today is no different from those barbarian nations of the dark ages, and Israel speaks in a language that has no relation to that spoken in the United Nations.
202. Today, between the United Nations and Israel there is a very long time lag, because Israel belongs to those barbarian nations which rejected the ten commandments when they were first sent by God to men on earth. One of the serious problems facing the United Nations today, on the anniversary of the Universal Declaration of Human Rights, is that of preventing the use of religion as a facade behind which to perpetuate colonialism and racism, to claim the supremacy of one race .over another and to propagate foreign domination. It is a serious problem, and the words spoken today by the Israeli representative proclaim the seriousness of the situation.
The representative of the Palestine Liberation Organization has asked to make a statement in reply, and I now call on him.
I wish to assert and to emphasize our full respect for the Holy Bible in its totality, both the Old and the New Testament. For me as a Christian, these are the Scriptures that guide me on my path.
205. The Holy Bible definitely enshrines high moral principles and full respect for human rights. One can recali Malachi, Isaiah and many others, but, most significantly, oni must mention the Redeemer-the Messiah-and his disciples. However, we cannot but state that the Old Testament also speaks of acts of horror-Joshua and the eradication of 31 kingdoms; after all, he conquered the land of Canaan and Palestine by the use of force. The Old Testament also tells us about Naboth, the owner of the vineyard in Nablus, who was stoned to death at the order of Jezebel, the wife of Ahab, the king, who wanted to expand; , hispossessions-acaseofthe acquisitionofterritoryby force.
206. The Old Testament also records the teachings of the prophet Isaiah, mostly positive and motivated by a yearning for peace. But it was also Isaiah who suggested a formula for getting rid of what he called "the burden of Egypt". In simple words, Isaiah suggested that Egyptians should be set against Egyptians and that "they shall fight every one against his brother." [Isaiab 19:2.J
207. The Old Testament is, among other things, a chro- nicle reflecting human nature and aspirations. The positive, human and moral principles enshrined in the Holy Bible have been buried by the racist, Zionist exclusivistswho are now in power in my country, Palestine. These sublime principles have been replaced by abhorrent, anti-human laws, enforced daily against my people, the Palestinian people.
208. To some, I wish to appeal: Please, leave the prophets and their teachings in peace and respect them, and do not be selective to suit your aggressive aims.
210. I will refer to what the world is now solemnly observing, the thirtieth anniversary of the Universal Decla-
r~tion of Human Rights, and make a quick assessment of tne extent to which Israel is opposed to every single article in this Declaration.
211. Article 3 reads:
"Everyone has the right to life, liberty and security of person."
But what right to life do we have when cluster bombs kill our children in their refugee camps? What right to life do we have when F-15s and F-16s supplied by the Government of the United States, chase our men?
212. Article 5 reads:
"No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment."
I am sure that the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Population of the Occupied Territories will be supplying this General Assembly with complete and substantiated information about the torturing of my people.
213. Article 9 reads:
"No one shall be subjected to arbitrary arrest, detention or exile."
By the thousands, the Palestinians living under the yoke and the bayonets of the Israelis are languishing in prison, and by the hundreds they are being exiled-no, expelled-from their homes.
21~. Paragraph 2 of article 13 reads:
"Everyone has the right to leave any country, including his own, and to return to his country."
Since 1948, this Assembly has repeatedly said that the Palestinians should be permitted to return to their country, but the Camp David documents.tv the result of that meeting, have not only denied us that right but have negated that right. Nowhere in those documents is there a reference to the right of the Palestinian to return to his homeland.
10 A Framework for Peace in the Middle East agreed at Camp David, and Framework for the Conclusion of a Peace Treaty between Egypt and Israel, signed at Washington on 17 September 1978.
For more than 30 years we have been stateless, roaming the world.
216. Paragraph 2 of article 17 reads:
"No one shall be arbitrarily deprived of his property."
What property remains to the Palestinian who was thrown out of his home at the point of a bayonet?
217. I place special emphasis on article 18, which reads:
"Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief ...".
What do we get? In the Parliament of Israel-which some people refer to as the most democratic institution in the Middle East-a law has been passed, referred to as Law No. 13-13. Maybe it was a coincidence that the first reading of the bill that became Law No. 13-13 was on the eve of Christmas 1977. That Law reads:
"He who gives, or promises to give, money, an equivalent of money or another material benefit in order to entice a person to change his religion, or in order to entice a person to being about the change of another's religion, his sentence willbe five years' imprisonment".
218. What do we get out of article 18 of the Declaration of Human Rights? Even the exercise and change of religion is not guaranteed. How did the Christians in the occupied territories react? They sent cables to the Ministry and to everybody, but nobody seemed to care. They simply do not count. They are only 15 or 16 per cent of the population and nobody seems to be taking them or their rights seriously.
219. But the Christians in the occupied territories were afraid not only of that Law, but also of another Law, passed in 1965, by which their children were not permitted to go to school, because Jews and Christians were not permitted to attend the' same school.
220. It is a mockery that on tins day commemorating human rights and the Declaration of Human rights some- body should come up to this podium and speak about human rights.
221. Let me finish my statement by mentioning ~ alarming item of news which we read on page 27 of The', New Times of Sunday, 10 December. According to the " . article, a certain group in the United States wants all Christmas observances banned from public schools on the grounds that they hurt non-ehristian children and violate. the constitutional principle that such schools are religiously neutral.
222. That particular group is inviting hatred in this country. It is calling for discrimination. That group does
223. Finally, the Christmas spirit says: Glory be to God in the highest and peace among men ofgoodwill.
I wish to inform the General Assembly that, in connexion
11 Subsequently circulated as document A/33/467.
The meeting roseat 1.55p.m: