A/43/PV.74 General Assembly
I declare open the
commemorative meeting devoted to the observance of the fortieL~ anniversary of the
Universal Declaration of Human Rights.
Forty years ago, in 1948, this essential charter, the Universal Declaration of
Human Rights, finally took shape. At that time it was supported by some
58 States. Twenty years later, in 1968, when the so-called Tehran Oeclaration was
adopted, a great many other States ratified the document, bringing the total to
128. On the occasion of this Tehran Declaration, this charter of human rights was
declared as obligatory, or binding upon all States.
(~. Yakov1ev, USSR)
The Universal Declaration has had great influence over the past 40 years -
influence in the normative, legislative, legal and constitutional fields. We have
gtadually seen its ideas and provisions incorporated in the laws governing the
domestic affairs of States.
But there is another aspect which is also worth emphasizing and bearing in
mind. The Universal Declaration's impact has gone beyond its normative or legal
ramifications over the 40 years since it was adopted. It also introduced a new
logic into the assessment of political reality, in that the human being is now
regarded as the focus and special concern of political activity. Introducing the
logic of putting mankind at the centre ot political concern meant nothing more nor
less than the introduction of wisdom and common sense.
When man is at the centre of poU tical activi ties, then paU tical activi ties
involve wisdom, and over the past two and a half years we have seen this logic of
good sense centred on the individual in all aspects of international relations.
How otherwise can we explain the stagger ing progress made in disarmament and with
regard to regional ~onflicts? This great gamble being made by States, including
the super-Powers, this daring demonstration of imagination and courage, can be
explained only by the fact that we have recaptured the original concern of
pol itical life - man.
We must celebrate these past 40 years by remembering various matters~ first,
the constant, continuing achievements of human rights in all our countries;
secondly, the inclusion in national legislation and constitutions of those central
and inalienable rights~ and finally, the fact that we have recovered a human sense
of politics. In this regard, this Hall still echoes with the words delivered
yesterday by the President of the SOY'iet union, who said'
"political problems must be solved by political means onlYJ hurna~ problel'/lS in
a humane way only." (A/43/PV.12, p. 6)
(The President)
let us therefore celebra te th is rena issance of the human approach to solving
mankind's problems.
I now invite Hr. Javier Perez de Cuellar, the Secretary-General of the United
Na tions, to address the Asserrbly.
The SEOtETARY-GENERAL (interpreta tion from Spanish) ~ In observing Human
Rights D!y, we are commemora ting the proclamation on 10 Decerrber 1948 of the
Universal Declaration of Human Rights. Fbrty years later that Declaration is still
Cl beacon, lighting up for the whole intern&tialal community the path towards human
dignity.
The Declaration was born our of the devastation and horrible slaughter
resulting from the systematic violation of human rights. The far-sighted men and
women who framed the document had witnessed the extermination of entire peoples in
pursuit of twisted racist i"eologies. Like the drafters of the United Nations
Charter three years earlier, ~hey were resolved to put an end to such atrocities.
They knew that human rights and peace were indivisible and that to safeguard them
it was essential to have universal pr inciples of lasting valid! ty.
Four decades later violations of human rights ca1tinue to weigh Upa1 the
conscience of mank ind. Day after day, hour after hour, in all parts of the wor Id,
flagrant abuses are com"!itted. The record of human rights in our age is besmirched
by summary executions and arbitrary arrests, disappearances and torture, the
killings of defenceless demonstrators and detention for reasons of belief or
conscience. We cannot remain indifferent to such outraqes against the most
fundamental concepts of justice and human dignity. They are attacks against each
and everyone of us. We must not waver in our solidarity nor give way in our
:struggle.
Nevertheless, we may be satisfied with the great progress the Universal
Declataticm has introduced into the struggle for human rights. The proclamation of
(The President)
common standards for all peoples and nations has created an extensive legal regime,
which - through more than 50 international instruments, ranging from the two Human
Rights Covenants to the recent Convention Against Torture - amply pr~tect those
rights. Thanks to those instruments, bodies have been established to oonsider
national practices, special rapporteurs have been designated to investigate
national situations or categories of violations, and procedures have been
established to receive individual communications. The gradual creation of a
complete system for the protection of human rights, ranging from general principles
to specific bodies and detailed procedures, is one of the most outstanding
achievements of the United Nations.
The recognition by those who framed the Declaration that peace and human
rights are interdependent has now assumed fresh importance. The fortieth
anniversary of the Declaration ooincides with a cr itical phase in wor ld history, in
which we see new and promising avenues for multilateral action opening up. I am
convinced that in preparing to meet these challenges and to take advantage of these
opportuni ties we shall find that genuine attention and devotion to human rights
will assist us bo achieve our objectives in other spheres.
Conversely, there can be nei ther lasting security nor sustained economic and
social developnent without guarantees of human dignity, human rights and human
freedorns. 'lbday more than ever we must reaffirm the truth ringing out in the
opening words of the Declaration, that
"recognition of the inherent dignity and of the equal and inalienable rights
of all menbers of the human fami).y is the foundation of freedan, justice and
peace in the world". resolution 217 A (III)
The force of the! appeal in the Declaration is due to its universal validity.
The countries that joined together to proclaim it discovered that it could express
values and norms shared by all their cultures and societies, and the nations that
(The Secretary-General)
became independent after its proclamation saw that their aspirations were also
reflected in the articles of the Declaration. The International Covenants on Human
Ri9hts, which the Daclaration inspired, also derived their strength from its
universal application.
As we COlll1lemorate the adoption of the Declaration, I urge all States Menbers
of the United Nations to accede to the International Cooenants on Human Rights and
other instruments to the fullest extent possible. There can be no better way to
celebrate this anniversary.
As for the future, our main task is to ensure that practice accords with
principles. It is encouraging to note that the special rapporteurs appointed by
the human rights bodies ar~ receiving ever-growing co-operation. We must encourage
States to strengthen that trend and to pronote dialogue even more.
(The secretarY-General)
Similarly, Governments that are striving to finds ways to satisfy the aspirations
of their citizens in this area deserve international support. International
solidarity makes it incunbent upon us to assist such Governments to strengthen the
still-fragile structures of their national human rights institutions. ~
accoml'lOdate thooe needs the prOllision of advice and technical assistance services
will have a high priority in our progranme.
Human rights will never be guaranteed unless they Shape the very political
identity of a society. It must be our goal to create a universal culture of human
rights. To that end, as in perhaps no other area of interna tiooal activi ty, we
require information arid cOl1l1lunication, for they are a vital factor of human rights.
However, few Menbers of the Uni ted Na Hons are yet: aware of the existence of
international l'lorms for human rights and still fewer kil'\~ that there are
internatiooal bodies to assist them in their struggles against human rights
violations. It was thereforl~ highly gratifying to learn of the decision taken by
the General Assembly at this sessioo to commemora te this ann iversary wi th the
launching of a WOrld Campaign of Public Information on Human Rights.
In that critical endeavour in the struggle for h'Jman rights, non-governmental
organizations play a fundamental role, creating awareness throughout the wor ld and
prOlliding information without which our intergovernmental bodies a..,d groups of
expe~ts would not be able to carry out their tacks. They are truly our allies in
the un iver.sal struggle for human rights. I applaud their efforts, and I promise
them that we will in future work more closely than ever in pursuit of our oonmon
goals.
The dignity, value and well-being of mankind are the very essence of this
experiment in internatiooal co-operatioo that is the U1ited Nations. Our goal is
to meet the nee~s of human beings, not to deal in abstract theories. In promoting
(The Secretary-General)
securi ty and disarmament, in work ing to put an end to cruel regiooal con fHcts and
in str iving to eradicate hunger and disease we are seek ing to ensure the. intrinsic
rights of men, women and children throughout the world. Our commitment is to
respond to their cans, and in particular to the calls of the weakest and most
vulnerable, namely, the children, the dispossessed and the homeless, those
suffer ing from AIDS and v ieti ms of discr imination and per secu tion •
The history of the United Nations and the contemporary struggle for human
rights have evolved together. The revolution in understanding and seeking to
protect human rights launched 40 years ago by men and women of great vision has
also prov ided conv incing evidence in speci fie actions, of the value and dynamism of
the ideals and fundamental principles of the Charter that underlie .a11 the
activities of the United Nations.
Thus, in honouring the memory of the framers of the Universal Declaration of
Human Rig....ts we are honour ing their principles and their importance to the Uni ted
Nations as a whole. Let us work together for their universal attainment in order
to ensure for our children a humal1e internati01al community firmly based on these
pillars of human rights, justice, dignity and peace.
The Asserrbly will now
proceed to the award ceremony. It may be recalled that in resolutions 2217 (XXI)
of 19 D:!cerrber 1966 and 41/150 of 4 D:!cenber 1986 the General Assembly recommended
that awards should be presented on the occas ion of the celebration of the for tieth
ann iversary of the un iversal D:!c1ara tion of Human Rights to individuals who had
made outstanding contributions to the prollDtion and protection of human ric#lts ana
fundamental freedoms. Six individuals have been selected to rece ive the award.
Before I announce the name of the first award recipient 1 would request the
indulgence of delegations in reserving their applause until the last award has been
presented.
I now call to 'm'!!' ~dium his Excellency Mr. Chinlll11ya Rajaninl1th Gharekhan,
Permament Representa tlve of India to the lki ited Na tions, who will accept an award
on behalf of MJ':. Baba Murlidhar Advidas Amte.
Mr. Chinmaya Rajan i"ath Gharekhan was escorted to the podium by the Assistant
Chie f of· Pro mcol.
The PRESIDENT (interpretation from Spanishh I nCM invite the
Secretary-General to present the award honouring Mr. Murl1dlar Devldas 1Imte, also
knCMn as Baba Amte, of India, who has devoted h Is life to the improvement of the
situation of the ill, the handicapped and the (HsadvantaCjed. A lawyer by
profession, he participa tee! in the Freedom Movement with Mahatma Gandh i. Since
1949, he has been a pioneer in the field of leper rehabili ta tion in India and
established centres for the treatment, training and rehabilitation of persons
afflicted with leprosy. He has also established educational institutions for rural
students, blind children and the physically handicapped. In addition, he has
ini Ha ted projects f,r tr ibal popula tions. Mr. Amte is the Cha irman of the Gandhi
Memorial IA!prosy Foundation and the National IA!pros~... Organization of India. An
inde fa tigable warr ior for the poor, the handicapped and the underprivileged,
Mr. Amte is most deserving of this honour from the United Na tions.
!he award was' prl2sented by the Secretary-General.
The PRESIDENT (interpretation from Spanish) \ The next award-winner is
Mr. John Humphrey of Canad~..
Mr;, Bumphrer tlas escorted to the podium by the Assistant Chief of Protocol.
The PRESIDENT (interpretation from Spanish) \ Mr. Humphrey has been
involved for many yea-rs in human rights work, both internationally and
domestically. As Director of the U1ited ~tions Division of Human Rights from 1946
to 1966, he was intimately involved in the preparation of the first draft of
the Universal Declaration of Human Rights. Mr. Humphrey is a highly reiJpected
author and lecturer, a memer of numerous organizations cxulII1itted to the promotion
of human rights and a recognized authority a'l the many diverse aspects of that
field. He is also Fbunding President of the Canadian Human Rights Fbundation. A
tireless fighter for the ideals of the tl'liversa1 Declaration of Human Rights, to
whose promulgation he contributed £10 greatly, Mr. Humphrey is most deserving of
this honour made to him today by the Uni ted Nations.
The award was presented by the Secretary-General to Hr. Humf!!re.x.
I next call to the podium
Professor Adam Lopatka.
Profesfaor Adam Lopatka was escorted to the p;>dium by the Assistant Chief of Protocol.
The PRESIDENT (interpretation from Spanish; ~ I nOil invite the
Secretary-General to present the award to Professor Adam Lopa tka of Poland, who is
a wel1-knOiln personality in the United Nations and among international-law
specialists dealing wi th humani tar ian anr.1 human rights problems. From 1978 to
1983, Professor Lopa tka led the Po1 ish delegation to the Commission on Human
Rights. Since that time he has b~en the Cha irman of the CommiRs ion and has p1a'yed
a prominent role in the Commission's Working Group on a Draft Convention on the
Rights of the Child. Professor Lopatka is currently First President of the SUpreme
Court of Poland. An eminent authority on human rights, highly respected in both
ace'demia and in the family of international organizations, Professor Lopatka is
most deserving of this honour from the United Nations.
The award was presented by the Secretary-General to Professor Lopatka.
The PRESIDENT (interpretation from Spanish) t I now call to the platform
Mr. LeQ"larcb Astudillo, who will accept the posthumous award on behalf of Monsignor
Ieonidas Proano. May I request the Deputy Chief of Protocol to escort him.
Mr .. -LeQ"lardo Astudillo-was escorted to the-podium-by- the Assistant Chief of
Protocol. -
The PRESIDENT (interpretation from Spanish) t The Secretary-General will
present the award honouring the memory of Monsignor Leonidas Proano of Ecuador.
Monsignor Leonidas Proano was knCMn as pastor, teacher and priest for the
peoples of Riobamba, Ecuador ~ and was made bishop of that diocese in 1954. He
dedica ted his life to the struggle for the promotion and defense of the human
rights of the indigenous population. In an area where tradi.tional p:ltterns of land
ownership had brought untold suffer ing, Monsignor Proano became a true messenger of
hope to the Indian popul~tion not Q"Ily of tha t area but of Ecuador as a whole. In
acknCMledging his life-long conmitment to E::uador's indigenous population, the
Vatican naRed him Bishop of the Indians. A brave and fearless soldier in thf:
battle for the fundamental freedoms and human rights of the poor, the exploited and
the oppressed, Monsignor Proafio .is most deser"ing of this ~thumous honour from
the United Nations.
The- award' was EEesenf.:ed by- the Secretary"Genei:al to Mr .. ~tudil.lo.
The t:RFSIDENT (interpretation from Spanish) I The next award has been
made to Mr. Nelson Mandela. The individuals who were expected to receive the award
or. his behal f are not in the Hall today. we are all aware of the special
circumstances that prevent Mc. Mandela from receiving the a~,ard himself from the
hands of the SecretarV-Genp.ral.
Nelson Mandela is a lawyer by training. In his early years he defended
hundreds of Africans charged under the apartheid laws. At th<! age of 2S, he and
others of South Afr iea founded the Youth League of the Afr iean National Council of
South Africa. During the "Defiance of O1just laws Campaignt:l, Mr. Mandela played a
prominent role thousands were detained for their peaceful opposition to the
apartheid laws. From 1952 onwards, Mr. Mandela was subject to repea ted bann ing
orders that severely restricted his political activities until, in December 1956,
he was arreet.ed, tried for high treason and aCXJuitted. The turbulent events of the
Sharp( Idlle massacre and the declaration of the state of emergency led
NelsQ'l Mandela and the African National council to review their strategy of
peaceful opposition. In August 1962, he was re-arrested and later sentenced to
11 fe imprisQ'lment. Since then, he has spent more than 25 years in prison. He
continues to cbe!: ish, in his own words, "the ideal of a delOOcratic and free society
in which all persons live together in harmony and with equalopportunities Cl •
The tow:ering leader in South Africa and of the crusade for fundamental freedoms and
human rights and against the inhuman system of apar~, in which struggle he has
endured untold hardships and made unending sacr !fice, MJ:'. Mandala is roost deserving
of this honour from the 011 ted Ha tions.
The SecretarY-General displayed,the award for Hr. Mandela.
The' ffiESIDENT (interpretation from Spanish); The next award-winner is in
a similar position and unable to be here today. I am referring to
Mrs. Winnie Mandela.
Mrs. Mandela also needs little introduction from me. The first African
medical social worker in South Africa, Mrs. Mandela served Q'l the Na tional and
Provincial Elcecutive of the African National Congress Women's League until the
League was banned in 1960. She also served 00 the National Executive of the
Federation of South African t'1omen. In 1959, Mrs. Mandela was arrested 8i'ld charged
under the Terrorism Act. In 1962, she was banned under South African law. She was
restr icted to Orlando Townsh ip, Johannesburg, and as a resul t had to relinqUish her
job as a social worker ~lith the Child Welfare Society. Mrs. Ma.,dela remained lWlder
banning orders from 1962 to 1975. She has been detained and also placed in
solitary confinement, ~<trs. Mandela has repeatedly defied the c.partheid regime's
banning o~ders against her. Ura. Mandela ,remains today a symbol of resistance to
the inhuman and unjust policies of apartheid. She has personally bocne great
suffering and made great sacrifice in the struggle against apartheid, while also
giving invaluable strangth and support to M.t:. Nelson Mandela. A renoN'led and
indefatigable warrior in the battle for human rights and fundamental freedoms,
Mrs. Mandela is most deserving of this honour from the thi tad N1 tions.
The SecretarY-General' displayed' the award for' Mrs. 'Man~.
On behalf of the General
Assenbly, I should like warmly and sincerely to oongratulate the re'.-:ipiel"llts of this
pr ize.
The Asserrbly will nQW proceed wi th the commemcxative meeting devoted to the
observance of the fortieth anniversary of the Univ~rsal Declaration of Human
Rights.
In that connection t.he Assenbly has before it two dr~ft resolutions issued in
documents A/43/L.39/Rev.l and A/43/L.47.
I shall first caU on the representative of Colorrbia to speak in oonnection
with draft resolutioo A/43/L.39/Rev.1.
Mr. TIRADO MEJIA (Colonbia) (interpretation from Spanish) t. On behalf of
the Government and people of Colorrbia, my delegation would like to express to the
Government and people of the Soviet Union our feel ings of deep sol idar. ity in
connection with the earthquake which occurred yesterday in the Armenian Soviet
Socialist Republic.
The Ur.iversal Declaration of Human Rights was adopted 40 years ago as a
correcti.ve in the face of the horrors of totalitarianism and war, and it also
represented a developnent on what was enshrined in the Charter of san Francisoo.
It was a great historic achievement that, for all the States of that time,
established the ethical and legal pr inciples which, although proclaimed since the
18th century, had been massively violated with very tragic results. The
renaissance of awareness of the need to struggle 50r full respect for human rights,
which developed in the 1960s, is undoubtedly ale of the most encouraging signs of
our age. Since then there has been a oonstant increase in the extent of
internatiooal protection and action against violations of human rights.
The year 1966 was outstanding in the history ef the United Nations and in the
development of the concept of human rights. The General Asserrbly acbpted the
International Covenant on Civil and Political Rights, its Optional Protocol and
the Internatiooal Covenant 00 Ecooomic, Social and Cul tur;,\l Rights, which represent
the best means of ensur ing full respect for fundamental rights.
If the human rights of the first generation, namely, civil and political
rights, are to be respected and guaranteed, States and <bvernments must refrain
from inter fer ing wi th their free exercise, guarantee effective means to protect
individuals and communities against their violation, and redress violations
committed. The human rights of the second generation canpel States to develop
economic and social policies ensuring that individuals, families and communities
enjoy fully and in a progress ive manner adequa te levels of eCalomic, social and
cuItural secur i ty.
The nat balance being provided by the energence of a th lrd generation of hum~n
rights such as the right to peace 9 development and a healthy env ironment, the
coJm\on heritage of mankind, universal protection against social anc:'J '~ysical
deterioration resulting from the abuse of narcotics, cmd the guarantee that mankind
will not be destroyed in a nuclear holocaust, implies that States, the United
Nations, regional organizations, Governments and the civil community - indeed, all
human beings - are working to achieve such rights on the basis of solidarity and
co-operation among peoples. Solidarity and co-operation are the foundation of
peace.
After proclaiming in the 1960~\ the right of peoples to self-determination and
to a cul tural identity, rights which to a considerable extent they themselves
achieved in painful struggle against colon~31 domination, the pre..;ent situation in
t...e world makes it necessary to proclaim a new instrumant on human rights, rooted
in solidarity. Despite the pressures to find peaceful and negotiated solutions to
conflicts, society is being threatened by scourges which, sonotimes separately and
sometimes in an interrelated manner, combine against our society~ drugs and
terrorism, which conspire against the right to life, the basis for all other
human rights. As a result of those scourges many communities in the third world
face the lnminent danger of the collapse of their institutions, their States, their
eCalomic and industrial achievemen'l:s, indeed, of their national unity.
The ColoJl'bian delegation has submitted draft resolution A/43/L.39/Rev.l,
entitled "Human rights based on solidarity" for consideration by the Assenbly.
Since the matters covered by th~t draft resolution affect the entir.e colllftunity and
are of tremendous importance, it is not our intentiCil that a hasty decision be
taken on the matter. On the contr a;:y , we bel ieve that there should be ample
opportunity for discussion, and for that reason we formally request that the
subject of human rights based on solidarity be included in the provisional agenda
of the next session of the General Assembly. U1der this item the Assemlywould
consider the draft resolution that we ar~ now presenting.
The forty-fourth session of the General Assefd)ly will take place at a time
when mankind is joyously corm:emorating the two hll!'\dredth anniversary of the French
Revolution. That great event, together wi th the Declara tion of the Rights of Man
and Citizen, provided the fundamental impetus for the cause of human rights. The
principles of liberty, equality and fraternity have made great progress, and
central to that pt'ocess have been the instruments formulated by the Unitea
Nations. These ideals and their var ious developmants continue to enbody the dream
of mankind, \-1hich is facing fresh realities and new challenges, including,
inter' alia, that of' translating the pr inciple c,f brotherhood into a new instrument
safeguarding the rights based on solidarity.
The' PRESIDmt'l' (interpretation from Spanish) ~ The representative of
Colombia has withdrawn draft resolution A/43/L.39/Rev.l and proposed that the
General Assenbly place on the provisional agenda of the forty-fourth session an
item entitled "Human rights based en solidarity".
May I take it that the Assenbly agrees to that proposal?
It was so'decided.
The' PRESmm'l' (interpretation from Spak'lish) ~ I call on the
representative of Canada, who will introduce draft resolution A/43/L.47.
Mr. JroRTIER (Canada) (interpretation from French) ~ First, Mr. President,
I wish to associate Canada with the sentiments that you expressed to the Soviet
Union, which is at pr:esent experiencing a terrible tragedy.
On behalf of the delegations of Argentina, Barbados, Bulgaria, the
Byelorussian Soviet Socialist Republic, Canada, Colonbia, D:>minican Republic,
Ecuador, Egypt, France, Hungary, India, Iraq, Ireland, Italy, Lebanon, I!Ixenbourg,
Morocco, the Netherhnds, Samoa, the Ukrainian SOI.'iet Socialist R:!public and the
Union of Soviet Socialist Republics, as well as Afghanistan, Australia, O/prus,
Costa Rica, Greece, Nigeria, Peru, Poland, the Central African Republic, Senegal,
Vanuatu and New Zealand, whose names are not to be found in the document, I have
the hQ10ur to introduce draft resolution A/43/L.47 m the fortieth anniversary of
the Universal Declaration of Human Rights. It should be noted that Finland has
withdra"ll from the list of sponsors.
Fbrty years ago the General Assembly adopted and proclaimed the Universal
~claration of Human Rights, which, conceived of as a common ideal to be attained
by all peoples and nations, has been and remains, quite rightly, a basic source of
inspiration for all national and international efforts to protect and prom:>te human
rights and basic freedoms. Every five years since 1948 the General Asselfbly has
taken time solemnly to commemorate that event. Today we are here to r~menDer the
permanen t and bas ic nature of the Declaration, wh ich was a landmar k in man' s
progress and continues to serve as a guide.
The sponsors of the draft resolution emphasize the progress achieved since the
adoption of the Declaration and recall that the international community must remain
constantly vigilant in or.der to promote and protect human rights and fundamental
freedoms. We believe that a common concept of these rights and freedoms is of the
highest importance for the fulfilment of the ideals of the Universal Declaration.
The sponsors firmly believe tha t all delega tions share these aspira Hons and
that the draft resolution will be adopted without a vote. This gesture would
demonstrate the dedication of each and one of us to the Universal Declaration of
Human Rights and the basic principles it embodies.
Mr. ZEPOO (Greece) (interpretation from French): I have the honour to
address the General Asserrbly today on behalf of the 12 States menbers of the
European Community.
The Twelve wish to join all the other States Mentlers of the United Nations in
celtbratlng the fortieth anniversary of the adoption of the Universal Declaration
of Du.. Rights. Forty years ago, on 10 Decem~l 1948, the States Menbers of the
united Rations recognized that the inherent dignity and equal and inalienable
rigbbl of all mellbers of the human family are the founda tion of freedan, jus tice
_cl peace in the world and that disregard and contempt for human rights have
r..ulted in barbarous acts which have outraged the conscience of mankind. Thus
they proclaimed at the Palais de Chaillot in Paris the Universal Declaration of
Du... Rights lIS "a common staldard of achievement for all peoples and all nations. It
With the adoption of the Universal Declaration, the historic process of
safeguarding human dignity, a process symolized by such texts as the Magna Carta
..cl the Declaration of the Rights of Man and Citizen, has become universal. In the
w•• of the Declaration human rights were no longer an internal natter but a
1419iti_te conce~n of the inte!:national oonmunity.
In the 40 years that have elapsed since the ac:bption of this Declaration, nuch
.... been said about its content and implications. But one thing is beyond doubt~
• the years have passed the Declaration has not been overtaken by events and rapid
daanges, has but, on the oontrary, gained in stature and established itself as the
uncontested universal standard for all States, regardless of their economic, social
or political systems. As Dag HaJllllarskjold put it, liThe Declaration has proved a
1 iving docu_nt".
Since its inception the United Nations has been at the forefront in the
struggle to protect human rights. According to the Charter, the protection and
promtion of human rights is ene of the four corner-stones of the United Nations,
along vi th peace, co-opera Hen and development.
However, since human rights were not enumerated in the Charter, that _ior
task was left to the newly established COl1'll\ission on Human Rights. The Co_is.ion
on Human Rights errbarked upon what it defined as its first task~ a declaration of
principles. The outoome was a major achievement indeed, given the variety of
seemingly irreconcilable viewpoints, all of which, it is worth mentiming, are in
one way or ant)ther reflected in the final text.
The Universal Dt!claration of Human Rights was adopted without any negative
vote. It inspired the domestic legislation of a great nunber of States and has
been invoked in the major international instruments, both in those of a political
nature and in those establishing rights, such as the two International Ccnenant8 Oft
human rights and, on a regimal basis, the 1950 European Convention on Human
Rights, the 1969 American Convention on Human Rights, the 1975 Final Act of
Helsinki, and the 1981 African Charter on Human and Peoples' Rights.
Thus, the Declaration, whose moral author ity has always been unassailable, hu
also acqu ired a distinct legal dimension.
Respect for human rights is pr imar ily a moral imperative. It is founded Oft
the inherent dignity and worth of all men and women by virtue of their very
humanity, and one could venture to say that deviation from generally accepted mral
norms is as difficult to justify as the abuse of legal norms.
F\1rthermore, respect for and prollDtion of human rights is a normative
imperative, enshri"'ed in a numer of. legal and political documents of cardinal
importance. States upholding human rights should do so within their own legal
systems and be concerned wi th the human rights si tuation in other comtries. '!'hi.
last point is a legitimate concern, indeed a duty, of all states and cannot in any
way be construed as a form o.f in terference in the in ternal affa irs of Statt!s.
Lastly, respect for human rights is a poti tical impera tive. Governmen ts which
violate human rights not only run counter to their forenDst duty as State
authorities, but jeopardize their own survival in the long term. Inevitably, their
legitimacy is undermined. Their hold on power can be maintained only through sheer
coercicn, in other words, further viola Hons of human rights. Furthermore, respect
for human rights by gov'2rnments is a prerequisite for peace.
Conversely, large-scale violations of human riC]hts threaten peace. Human
rights abuses lead to internal confl ict with international repercussions. Besides,
non-democratic governments using coercive measures in their own tp.rritory tend to
adopt an aggressive posture in their relations with other States. The logic is
clear. A State which does not respect its own citizens is not likely to respect
other States and peoples.
The 'l\Ielve attach the utmost v",lue to respect for and pronDtion of human
rights world-wide. As a result, t!ley have been actively involved in ttle efforts of
the Uni ted Na tion s and other inter national organ izations to real ize those r 19hts.
The Twelve have, individually and collectively, repeatedly voiced their grave
concern over specific human rights abuses.
For the 'l\Ielve, the aim of a declaration of human rights should be to protect
the individual. Human rights, which are above all individual human rights, must be
scrupulously adhered to. In the case of civil and political rights in particular,
the ~elve have repeatedly declared that there can be no cQ'lceivable justification
for not implementing them without delay. Social, economic and cultural rights, on
the other hand, lend themselves, by the ir very na ture, to gradual imp1emen ta tion.
The corrmon position of the Twelve on human rights has been stated clearly in a
formal document.~ the July 1986 Declaration on Human Rights. If we look towards
the future, we cannot fail to stress the need for vigilance.
Recent technological developments in compu ter science, medicine and
biotechnology and other fields can pose a formidable threat to respect for human
rights, a threat not sufficiently understood. we must examine effective means to
counteract that potential threat. We should also like to stress the importance
that we attach to the valuable work of the U1ited Nations Advisory Services in the
Field of Human Rights and its activities in the ar.ea of pUblic information and
educatial, which contribute to the strengthening of respect for human rights and to
their promotion world-wide.
Following the establishment of the International Bill of Human Rights and its
application under domestic legislation, the OI7erriding task of implementing it
should continue through a process of education.
To conclude, it is not often that we can truly compliment ourselves. The
United Nations Charter, the Universal Declaration of Human Rights and the various
normative oocuments on human rights have nade respect for human rights an
international obligation and a matter of international concern. That is one of the
greatest: achievements of the United Nations.
Unfortunately, human rights violations persist on an alarming scale. Even a
cursory look at the state of affairs in the world today would indicate that the gap
between conmitment and performance still remains wide. But today no state can
avoid accountability for the abuse of human rights. Prior to that:. evening of
10 December 1948 when the Universal Declaration of Human Rights was adopted, this
was hardly the case.
lbw that human rights norms have been worked out in sufficient detail, the
main task for the future in that area is the rapid, full and unrestricted
implementation of those norms. The Twelve are fully conmitted to this task and
will continue to do their utmost to ensure respect for human rights and fundamental
freedoms throughout the world.
Hr. EOOM (U'lited Kingdom); On behalf of the Br itish Government, r would
like to express our sympathy to the people and Gc:Wernment of the Soviet Union who
have suffered so terribly as a result of the earthquake. We fully understand the
decision of General secretary Gorbachev to return directJ.y to Moscow.
It is a great honour and pr ivilege to address the General Assell'bly on a proud
day in the history of the United Nations; this day of the fortieth anniversary of
the Universal Declaration of Human Rights.
International CX)~peration to encourage respect for human rights is one of the
central purposes of the United liiations.
Respect for human rights is also, and has loog been, Cl basic concern to the
British people. As we have just heard from the representative of Greece, it is a
concern which we share with our partners in the EUropean COl!lllunity.
An anniversary is a time t.o look back, to take stock, but also to look
forward. Human rights are of course no new discovery. Nor are they even a
discovery of the United Nations. Although the term itself became widll!spread this
century, the concept has long been known as natural rights or the rights of man.
In the seventeenth century John IDcke wrote of the rights to life, liberty and
property. The English Bill of Rights, ena~Ged by Parliament in 1689, named the
right to tr lal by jury. It prescr ibed that courts of law should nei thC!r demand
excessive bail nor impose excesssive fines or cruel or unusual punishment.
The American revolutia1aries, inspired by another farrous Englishman,
Tom Paine, referred to certain inalienable rights, including the right to life,
liberty and the pursuit of happiness. The French revolutia1aries laid down the
rights which they held had been denied by previous regimes, asserting that men were
born and remained free and equal. More and mor:e countries have accepted provisions
in their legal and constitutional systems to guarantee the rights of the
individual. But, although the flow o~ ideas crossed natia1al boundaries, concern
for respect for human rights was pr imar ily ~ domestic matter.
The twentieth century has seen some of the most cruel acta of barbarism and
tyranny by Q)vernments against their own citizens) yet before the founding of the
United Nations such issues were hardly Q1 the international agenda. It is one of
the central achievements of the United Nations in its relatively short history that
human rights abuses wherever they occur, are now established firmly as matters of
legitimate international concern.
The Cha~ter and, in particular, the Universal Declaration of Human Rights made
the demand by individuals for pol!tical, economic and social rights not simply a
claim by citizens against their own Governments but a claim against all
Governments. I am proud that my countrymen and countrywomen were closely involved
in the birth of the Universal Declaration. we have in the Br iUsh delegation to
this celebration, Sir Vincent Evans. Forty years ago he was closely involved in
drafting this twentieth century Magna Carta •
Sone Governments do not ~. ~tcome criticism either from inside or from outside
their territQry. We totally reject the assertion, still regrettably sometimes
heard, that such concerns, such criticisms, c~nstitute unwarranted interference in
internal affairs. It is incumbent on Governments to demonstrate to the
internaticnal community that their human rights records are in accord with the
international obligations to which they have vol un tar ily s~bscribed ..
Most recently we have Been the adoption of a Convention against torture, a
major achievement for the international oonmunity. The legal processes to allow
the United Kingdom to ratify that Convention are now complete, and I am therefore
able to announce that this mor.ning I deposited our instrument of ratification. The
United Kingdom will play its part in ensuring that the Committee against Torture
works effectively to eliminate torture globally.
IlJt in referring to new instruments I must sound a note of caution. I hope
that we shall leave this celebration with renewed determination to consolidate the
progress of the last 40 years. I see pasi tive signs. I wo\ud point to the work of
the Conmission on Human Rights) I recognize the responsible approach of very many
Governments I I pay a tribute to the cootribution of non-governmental organizations,
British ones prominent aJlK)ng them, and yet, as we look at reports from around the
world we see that human rights continue to be abused. SOmewhere in the world,
every article of the Universal Declaration of Human Rights is being violated. The
real violators either have no intention of ratifying such instruments or do not
care whether or not they implement their colllllitmenta. New instruments should be
adopted ooly where they are essen tial and where they will have practical bene fit.
we must not allmr them to distract our attention from the abuses around us •
Winston Churchill said of the United Nations in 1946~
~e must make sure that it~ work is fruitful, that it is a reallty and
not a sham, that it is a force for action and not merely a f )thing of words,
that it is a true temple of peace in which the shields of many nations can
some day be hung, and not merely a cockpit in the Tower of Babel."
Such a vision, as enunciated by Winston Churchill, ·..,as present in the 19408.
Such a vision inspired the creation of the United Nations Charter and the Universal
Declaration of Human Rights.
Our task, collectively, is to use the Declaration eifectively, to encourage
~nd prollDte respect for human rights and to challenge those who violate them, and
thus to fulfil the confidence placed in us by those who drafted this solerm
Declaration 40 years ago.
Mrs:.' A~ELLI (Italy) ~ I should like to express the solidarity of the
Italian Government and people with the Government and people of the Soviet Union in
the tragic sufferings caused by the earthquake which occurred yesterday.
As the General Assenbly is drawing to a close I should like most sincerely to
congratulate you, Mr. President, on behalf of the Government of Italy, and on my
own behalf, for having presided over the forty-third session of the General
Assenbly with pra9lllatism and competence and for contributing to the advancement of
dialogue and consensus.
'lb praise the Universal Declaration of Human Ri.ghts on its fortieth anniversacy
is a task which is, perhaps, too simple. The long way Chat we have travelled i.n
these 40 years in our search to broaden and reinforce the protection of the
fundamental rights of the individual is visible to all. The credit for those
results goes above all to the Decl~ration, the ethical, political and educational
value of which is of the utmost relevance. Moreover, it has provided the
foundation for the outstanding work of the United Nations in the establishment of
international standards for the protection of human rights.
If we reach back in our minds to the memories of the immediate peat-war era,
we cannot help but look with satisfaction upon the progress that has been made in
th~ course of those years; yet the system that has been established by the Uni ted
Rations is, as are all things of this world, certainly not perfect. The
universality which characterizes the Declaration did not become throughO'.:It the
years universal respect for human rights, but by nQi all the merrbers of the
international community recognize the existence of a minillllJ~ common denominator
which can certainly be considerea as a universal standard. This indestructible
foundati~1 has been gradually expanding.
The Declaration, throughout its 40 years of life, has been a point of
refer,-mce for numerous States that have established new constitutions. In fact,
rHpective fundamental laws. A phenomenon of great relevance in this process is sa States have incorporated the pr inciples of the Declaration into their
the eat:,lablishment of regional conventions concerning human rights. Paradoxically,
the regionalization expressed by the European Convention of 1950, the
Inter-Amer iean Convention of 1969 and the Afr ican Convention of 1981 have given
riB. not to a fragmentation but rather to an increased homgeneity which has
favoured the prccess of universality. Those pacts have in fact accepted and
(Jeveloped the fundamental guidelines of the Declaration.
It is significant that the pr inciple of non-interference in internal affairs
,8 invoked less and less often whenever the international community turns its
jttentlon to the human rights situation in a given country. In that way
International vigilance proves to be one of the most appropr iate instruments for
( ••udng the fulfilment of obligations assumed by the State for the protection of
CiA. individual.
The enduring commitment of the United NQtions to human rights se~ms to have
reached a juncture that is pe~haps more favc'..1rable than ever bafore. The
ini tiatives for peace which we have wi messed have crea ted great hop! fOL"
humanity. We must not forget that peace and human rights have been c1C1Sely linked
from the very beginning. Respact for human rights was originally conceived uthe
pr incipal defence of peace in the aftermath of the tragic conf1 let that shook the
world.
we are currently witnessing an ever-growing interest in the field of
humani tal' ian issues. I may recall the resul ts achieved in establis!ling
humanitarian rules in the conduct of armed conflicts~ but also the efforts to
e~tablish new principles in case of natural and rnan-made disasters and the defence
of categor ies of people who need special protection in the conmunity in which they
live.
As stated in the report of the Independent Conmission on International
Humanitarian Issues, abstractions such as g~owth, stability and order are not end.
in themselves, but have value only if they bring about the greater welfare of th@
people. And this proceeds from the recogni tioo that each ooe of us is no lftOl'e but
no less than a human being.
The new humanitarianism may have extremely useful developments if the
pr inciples on which it is founded are enhanced, era the cne hand, by the growing
role of mul tilateralism, and on the other, by the wider acceptance by states of th.
need to sacrifice their own sovereignty whenever human interf!Sts are at stake.
Mr.' BAD""I (Egypt:) (interpretation from Arabich We have learned with
great sorrow the sad n~s about the earthquake in the Soviet \11ion and of the lEge
n un'bel' of victims. I should lik e to express our deepest condol ences to the
Government and people of the Soviet Union upoo this sad occasion.
Forty years ago, Paris, the city of light and freedom, witnessed the signing
of the first declaration of modern times setting forth human 'rights and political
froodotrlS. Since that time, the economic, poli tical and social circumstances of the
world have changed considerably.
The Universal Declaration of Human Rights is the expression of an age in which
values of freedom preva 11 over the forces of naz ism and fascism. It was also the
expression of universal civilizational values and of the concept of a single
cultural heritage for mankind. Yet, the third WOL'ld had not yet set out on its
grea t journey to pol itical and economic independence, and the Universal Declaration
of Human Rights therefore did not fully represent all of those concepts, principles
and values. This in no way bel ittles the sign ificance of the Declaration, or of
the values and principles it enshrines, principles to which we are all committed,
as we work for its full implementation, so that it beromes the expression of the
symbiosis between the values, cultures, concepts and principles of our world,
however complex it may be. We are working for the prolllOtion of human rights, to
give expressim to the hopes and aspira tions of the twenty-first century, now just
a few year s away. *
The Government of the Arab Republic of BJypt participated in all the
negotiations that led to the drafting of the Ulited Nations Charter and the
signature of the Universal Declaration of Human Rights. Hence, our constant
concern wi th the need to adhere to those two instruments, which set out important
principles for relations between countries, between peoples and between
individuals, which have begun to play a najor role in internati~'W'la:: relations. The
ratification of various international instruments on human rights is evidence of
*Mr. Essy (Cote d'Ivoire), Vice-President, took the Chair.
what I have just said. Allow me to cite a nurrber of th-:ir principles.. en the
political level, the pr inciple of the self-determination of peoples has become a
clearly established concept, together wi th the right to res ist dicta tor ship and
tyranny. On the economic level, the concept of the sovereignty of Sta tes over
their natural resources has become an unchallenged principle.
We have seen increasing stress laid on international solidarity and
co-operation in dealing with indebtedness, drought, hunger and natural disasters.
In the social sphere, the role of the family as the foundation of society and the
basic nucleus in the communi ty has been aS5erted in the two Interna tional Covenants
on human r igh ts and other te xts •
On the humanitarian level, efforts to establish a new international order will
provide a basis for the protection of the dghts of the most vulnert.lble groups such
as children, the elderly, the handicapped, women and young people in the near
future.
With respect to the assertion of basic human values, apartheid has been
condelllled as the worst possible form of racial discrimination. Genocide, forced
labour and slavery are also oondemned, and agreement was reached on the conclusion
of the International Convention at the Elimination of All Forms of Racial
Discrimination. :e:rypt was one of the earliest civilized nations and one of the
first to apply human rights principles. It is a source of pride for us to be able
to say that B.Jypt is a party to most of the international conventions and
instruments on human rights, including the two International Covenants, the
Convention on the Elimination of Discrimination against WJmen, the International
Conven tion a1 the Elimina tion of All Forms of Racial Discrimina tion and the
Cawention against 'lbrture and Other Cruel, Inhuman or Degrading Treatment or
PlI1ishment. Egyptian experts are participating in various working groups and
oollll1ittees ronitoring the implementation of those international instruments.
President Mubarak, in OCtober: this year, enacted the Charter for the Egyptian
Child, which sets forth principles that we will be endeavour ing to implement in the
forthcoming decade, 1989-1999, so that children can grow up in a heal thy and
PSychologically and socially sound enviroru....ent.
As we are commemorating the Universal Declaration today, I should say that
Egypt is tak ing part in the working group responsible for prepar in9 an
internatiooal convention at the rights of the child, which we hope will be acbpted
during the next session of the General Asserrbly.
In conclusion, my country's delegation reaffirms the need to work seriously to
ensure that our brothers in Palestine, Namibia and South Africa may, like us, enjoy
the right to self-determina tion in their own lands and 1 ive under ecooomic,
political and social regimes that respect human values, ideals and bas ie freedoms,
free from such practices as apartheid and racial, religious or political
discr imination.
Mr.· TANIGUCHI (Japan) ~ I should like first, on behalf of the people and
the Government of Japan, to express deep sympa thy to the people and Government of
the U;SR for the casualties caused by the earthquake that hit the Armenian Soviet
Socialist Republic and surrounding areas yesterday.
I have the honour to speak on behalf of my Q:)vernment on th is auspicious
occasion, the celebration of the fortieth anniversary of the aCbption of the
Universal Declaration of Human Rights. The international ooITlTlunity's most
fundamental <bcument in the field of human rights, it declares that all human
rights and fundamental freedoms must be guaranteed to everyone. It recognizes that
the inherent dignity and equal and inalienable rights of all merrbers of the human
family are the foundation of freedom, justice and peace in the world.
It is clear that the considerable achievements in ensuring universal respect
for fundamental human rights is directly attributable to the efforts made by those
who have devoted themselves to this cause. We recognize, however, that nuch
remains to be done in this field.
In this regard, I shoule like to extend my heartfelt congratulations to the
six persons who have received human rights awards, as just announced in this Hall.
Looking back at the history of the thited Nations, I am impressed at the
imp:)rtance of the various roles the Organization has played. I believe, in
particular, that its achievements in the human rights field are among its most
significant and effective. In this regard, from my own experience in the last two
sessions of the Commission on Human Rights as head of the Japanese delegatim, I
can say that the activities of the COlll'Rission are among the liveliest and most
invigorating in the wole of the thi ted .Ja tions system and have a far-reaching
impact on the international oolll'/lunity.
The mechanisms used by the United Nations nowadays for obflerving and
investigating suspected infringements of human rights are ilnportant, in order to
ensure the effective implementation of existing humanitarian instrulIM!nts. The
United Nations - in parUcular, the Commission on Human Rights - has servec. as a
centre for these mechanisms. While the mechanisms have functioned well, I wish to
stress that it is imper~tive to pursue the implementation of existing humani tar ian
instruments in as systematic and co~rdinated a manner as possible.
In this connection, I wish to point out that maximum use should be made of
advisory services, which have proved to be useful in helping States parties to
canply with reporting obligations through their wide-ranging technical assistcmce,
especially in the training of officials in charge of the prollDtion and protection
of human rights. Japan is pleased to be co-operating in this field.
As I mentioned at the beginning of my statement, remarkable progress has bet!!n
nade in the human rights field. It is also true, however, that we still face many
problems at both the national and the international level. It is therefore of the
utmost importance to ensure universal respect for human rights on a de facto ra ther
than merely a de jure basis. Towards this end, we must continue to strive to
bridge the gap between standards and reality. It is regrettable that flagrant
violations of human rights and fundamental freedoms oontinue in every corner of the
world, principally in the course of regional and domesti: conflicts, which lead to
a deterioration of the economic and social infrastructure, bring about: a drastic
change in lives and living standards, with the result that people are unable to
enjoy basic human rights, in particular the right to life.
In this connection I am pleased to note some signi ficant improvements in
international relations - particularly in Afghanistan, Iran and Iraq, Namibia, and
Western Sahara - tha t have taken place recently against the background of the
development of the East-West relatior.ship, particularly between the United States
and the USSR.
In all these areas expectations for the attainment of peace are higher than
ever before. Therefore, steadfast efforts towards this end by all the parties
concerned are essential, and Japan intends to do what it can to support them.
I believe that, as regards the function of the Un! ted Ra tions in the proTIDtion
and protection of respect for human rights, the role of the COl1l1\ission on Human
Rights is particularly crucial in focusing public attention on specific human
rights situations through a free exchange of views. On this point, hCMever, the
Commission Should make every effort to avoid politicization of issues, so as to
ensure that its deliberations are constructive. This democratic process is
important in enabling people tc gain a better understanding of the reality and,
above all, in convincing the Governments concerned of the need to respect such
rights and fundamental freedoms •
In this regard, I believe that milateral criticism or condemation of the
human rights situations of certain countries will never bring about improvements of
such situations. Further, it is of the utmost significance for Menber States to
co~perate with the United Nations organs concerned, particularly in providing
factual information 00 their human rights situations, while heeding such criticisms
as the use of double standards and pol itich ation •
I wish once again to request all Menbers of the U1ited Rlltions to review what
has been achieved and to have the determination to commit themelves to further
progress in this field. As for how we should proceed, it is our belief that
although at times the going may be slow we must work steadily and pragmatically to
solve the problems that confroot us, since that is the only way to real i.ze
miversal respect for human rights.
The fortieth anniversary of the adoption of the Universal Declaration of Human
Rights is therefore a special occas ion, for it reminds us of the original spirit of
the Declaration - a spirit which tends to slacken unless we give it our constant
attention. In this regillrd, I am happy to hear that acHvi ties for commemora ting
this fortieth anniversaty of the Declaration are being carried out at both the
na tiooal and the in terna tional 1evels aromd the world.
Japan, for its part, has striven to highlight the importance of promoting and
protecting human rights by means of various activi ties before and dur ing its Human
Rights Week, which rms from 4 to 10 Decenber and the last day of which is also
designamd as Human Rights Day. For instance, on 3 Decenber a sympos iurn sponsored
by the Government for coRlllemorating the fortieth anniversary of the Universal
Declaration of Human Rights was held, and the partici pants in it exchanged vhws
under the theme of "Human Rights and Internationalization of the Society".
In conclus ion, I believe that the strengthening of interna timal co-opera tion
has become more necessary than ever before, in order to ensure universal respect
for human rights. 'Ib that end I wish to reaffirm that the Go.rernment of Japan will
spare no effort in pursuing all possible ways of solving the problems before us.
Mr. BLANC (France) (interpretation from Fr:ench): I should like to follow
the example of previous speakers and express our delegation's sol idar ity with the
SOYiet delegation in regard t-, the catastrophe that has just struck its country.
In this brief stateme;'lt on the anniversary which we are commemorating here
today, I wish, on the one hand, to bear witness to my country's fidelity to
principles and an ideal now shared by all the peoples we represent and, on the
other hand, to express the wish that the cause of human rights will be enhanced and
strengthened by new achievements.
The proclamation on 10 Decerrber 1948, at the Pa1ais de Chaillot in Paris, of
the un iversal Declara tion of Human Ri gh ts was an even t wi thou t prece dent in the
history of nations. For the first time those nations, all together, colTlTlitted
themselves to building a world in which every me of the rights, abUi ties and
resources of the human being would be acknowledged by hldiv idua1s, enshr ined in
laws, defen&!d by institutions. we should not be sparing in our expressions of
grati tu de to all those men and women who wI,rked to ensure that these values would
fran that day forward become our most valuable common heri tage. A long struggle
thus came to an end - a struggle that began almost 200 years ago with the
Declaration of the Rights of Man and the Citizen.
Forty years after the proclamation of the Universal Declaration of Human
Rights, we are entitled to express our pride at what has been done by our
(Mr. Tan iguch i, Japan)
.'
Organization as a result of the Declaration. An impressive body of normative texts
nOlrl exists, enriching international law and the law of States. There are now many
organizations and initiatives throughout the world whose aim is to defend the
rights of millions of men and women. Each day there is a sharper awareness of the
stakes and precise requ irernents - all of them mOlTing toward the same goal:
guaranteeing for human beings, without zmy kind of distinction, full enjoyment of
their inalienable rights and protection against any violations of those rights.
This is a juridical, a political, a moral endeavour, and the achievements of the
U'lited Nations in this sphere are among the greatest examples of progress nade by
the international ooll'lllunity in the second half of this century.
Our pride is certainly legi tillBte, but it should not make us less clear-headed
or vigilant. Our world is far from offering a picture of universal harmony and
agreement. The adherence by nations to the text of the thiversal Declaration has
not spared all peoples the soo:.JrCjes of violence, intolerance and high-handedness,
or the ravages of dire poverty, isolation and abandooment.
Moreover, the developnent of science and technology has led to changes in our
societies, whose very founda.tions ~ ecooomic, political, ethical and cultural- are
very often shaken.
In that uncertain context, sometimes fraught with threats to the human
commll'lity, the defence of human rights and fundamental freedoms must be a priority
du ty for each and everyone of us. In the fir st place, that du ty should be to
ensure the full implementation of the principles and rights recognized in the
Universal Declara"tion. Such implementation presupposes that every State will
include those principles and rights in its internal juridical order, by adhering to
the international Ccwenants on civil and political rights, on the one hand, and
eCQ'1omic, social and cultural rights, on the other. \'le express again here our hope
that ac:l1erence to the COITenants will soon beoome universal.
But this duty should also be to mobilize the awareness and determination of
all those who uphold justice, freedom and peace in the wor Id. Indeed, human rights
cannot be victor iously defended wi thout the help and commitment of each man and
woman, and it is for us to seek and evoke such help and conmitment by all the means
ava ilable to us.
Finally, this dut.y should mean the shared desire of States and peoples to
increase the scope and authority of the cause of human rights. Our struggle will
be lost in advance if the definition and very content of each of the rights that we
have recognized that human beings must enjoy do not make it possible to foresee and
even anticipate developllents of all types under way in the world. Our thinking and
our action should be constantly open to new concepts and practices. we must, in
fact, have only one goah to ensure that human beings are the beneficiar ies and
not the victims of these developments.
Let us recognize that our task is a long and difficult one. But, to guide us,
we have both the experience of 40 years of efforts and the text of our U'1 iversal
Declaration - more relevant today than ever before.
The coming year will mark the bicentennial of the French Revolution. This
rendezvous with history must above all be directed towards the future. Fbr my
comtry, it will be a solemnoccasioo to reaffirm its faith in human beings and its
conmitment to defending their dignity everywhere. I expr.ess the wish, on behalf of
France, that from now 00 this will be a commitment of our entire Organization.
Hr. IDHENFELLNER (Austr ia) ~ At the outset, on behalf of the people and
Government of Austria, I should like to say that we share the feelings the
President has expressed to the people and Government of the Soviet Union.
On the occasion of the fortieth anniversary of the Universal Declaration of
Human Rights I have the honour to bring to your attention a declaration adopted by
the Austrian Federal Government on 6 Decenber 1988 which reads as follows~
"The tenth of Decenber 1988 marks the fortieth anniversary of the day on
which the General Assembly of the Un! ted Nations unaniroously aoopted the
Universal Declaration of Human Rights.
"The untold suffering that tota~itarian regimes with their contempt for
the individual had inflicted on mankind led, after 1945, to a new awareness of
the dign ity innate in all men and to the reco9l1ition of their equal and
inalienable rights. The aooption of the U1 iversal Declaration of Human Rights
by the international coRnunity thus opened the door to a more humane world.
"Despi te the substantial progress achieved in recent decades in the
protection and promotion of human rights, grave violations of human rights
continue to occur in many parts of the wodd. An improvement of this
deplorable situation requires constant and intensive efforts and vigilance on
the part of the internatiooal community and of each of its merrbars. Our
awareness of the importance of human rights issues has therefore to take shape
and grow.
"The ultimate objective of protecting human rights is to safeguard the
digni ty of the individual and to guarantee the free development of all aspects
of his personality. The dignity of the individual cannot be guaranteed if
ecooomic, social and cultural ccndi tions do not exist. However, adverse
economic and social conditions can never serve as justifications for
disregarding individual human rights and fundamental freedoms. Human rights
are indivisible.
"Tbday more and more States agree to the principle that raising the issue
of human rights violations cannot be interpreted as interference in internal
affairs, but that concern for human rights constitutes a basic task of the
internatiooal community. The international community has not only the right,
but the obligation to redouble its efforts to implement the inalienable rights
and fundamental freedoms of every individual in the in terest of freedan,
justice and peace in the world. The fortieth anr;iversary of the Universal
Declaration of Human Rights provides us with a special occasioo to keep this
in mind.
"The Austrian Federal Government calls upon all States to respect,
protect and pronnte the fundamental rights and freedoms enshrined in the
Universal Declaration."
Mr;.· DING YuanhonCil (China) (interpretation from Ch1.nese) ~ On behalf of the
Chinese Government I wish to expreas our pt'ofound sympathy to the Soviet Government
and people for the great loss of human life and property caused by the recent
strong earthquake.
At its very inception, the United Nations reaffirmed in its Charter~
"faith in fundamental human rights, in the dignity and worth of the human
persoo, in the equal rights of men and wo1OOn and of nations large and small".
Having suffered the scourges of two World Wars, the people of various countries
felt more strongly the need for an international document on human rights
formulated in the spirit of the Charter in order to ensure the prollDting and
encouraging of respect for human rights and fundamental freedoms for all.
Consequently, at its third session, held in 1949, the United Nations General
Asserrbly adopted the Universal Declaration of Human Rights.
The Declaration is the first international document that sets forth in a
comprehensive way the protection of and respect for human rights at the
international level. It stands for freedom and equality, opposes discrimina tion
and defines human rights not only in the civil and political fields, but also in
the economic, social and cultural fields. Many important principles laid down in
the Declaration have since become the philosophical well-spring for the formulation
of relevent international instruments and conduct of activi ties by the United
Nations in the human rights field. The significance of the Declaration lies in its
reflection of the aspiration of the world's people for equality and freedom. Its
influence has increased with the continuous enrichment and development of its
original conteni.;. , As we review the actions taken and the achievements made by the
United Nations in the human rights field over the past 40 years, we can sae ever
more clCiarly the role the Declaration has played.
The standards set by the Declaration of Human Rights are products of the era,
\mich should develop along with the evolution of the times. In the 40 years since
the adoption of the Declaration, tremendous changes have taken place in the world.
'&'he colonial system has become a thing of the past. Former colonies and
(Jependencies have stood up one after another and joined the ranks of sovereign
3tates. The developing countries in their large numbers are playing an increasing
Lole in world affairs. All this had a favourable impact on human rights activitias
c:ll1d theories at the international level. Guided by the spirit of the Declaration,
;:~he United Nations has over the decades adopted a series of human rights
cesolutions, declarations and conventions reaffirming, adding or defining in
(Jreater detail principles of human rights. As a result, the cc- :",~,t of human
ights has been constantly enriched, concepts have been, developed and theories
Foer fected.
-
(Hr. Ding Yuanhon2L, China) It shoUld be emphatically pointed out that the principle of the right of
peoples to self-determination and the pr inciple of permanent sovereign rights over
natural wealth and resources, as affirmed by international legal instruments and
accepted by most countries, as well as the principles oontained in the Declaration
on the Right to Development aoopted by the United Nations General Assemly in 1986,
are all of paramount importance to the nations and peoples fighting for freedom and
liberation from colonialist and racist rule and foreign occupation, to the newly
independent countries and peoples striving for the maintenance of sovm:eignty and
terri tor ial integritj and restoZ'a tion of effective control over their natural
resources, and to the numerous developing oountr ies calling for the restructur in9
of irrational international economic relations.
'!bday, in celebrating the fortieth anniversary of the D!claration, we are here
to reaffirm all the Pt inciples enbodied for in the Declaration and other relevant
human rights cbcuments adopted since, so as to proil'Dte a wic:ler respect for human
rights and fundamental freedoms. It is regrettable, however, that mass and
flagrant violations of human rights in cQ'1travention of those principles still go
on in many parts of the world. Owing to colonialism, racism, apartheid, foreign
aggression and occupation, the basic rights of the people in south Africa, Namibia,
Palestine, Afghanistan and Kampuchea are brutally trampled on. It is entirely
justifieo and necessary for the United Nations to have lis~.ed these questions ewer
the years as priority items for its consideration.
It is our view that the Uni ted Nations, in keeping wi th the purposes and
principles of the Charter and the relevant provisions of international human rights
instruments, should encourage, assist and urge all countries to shoulder their
responsibility for safeguarding human rights and fundamental freedoms. Of course,
while advocating respect for human rights and fundamental freedoms, we are opposed
to any country, in contravention of the purposes and pr inciples of the Charter,
interfering in other countries' internal affairs under the pretext of protecting
human r igh ts •
The two categories of. rights provided for in the Declaration - namely, civil
and poli tical rights and eCQ'1omic, social and cul tural rights - are interdependent
and inseparable. As pointed out in the prearrble to the two human rights covenants,
"in accordance with the Universal Declaration of Human Rights, the ideal of
free human beings enjoying freedom from fear and want can only be achieved if
cooditions are created whereby everyone may enjoy his economic, social and
cultural rights, as .well as his civil and political rights."
(resolution 2200 A (XXI), annex)
Giving equal attention and full respect to those two ca tegories of rights
constitutes an important condition of the comprehensive protection of human rights
and fundamental freedoms.
Moreover, we believe that there is an interrelationship between political
development and economic development. The poli Hcal and social development of a
country correlates closely with the level of its economic development, which has
its own distinctive characteristics. In today's world, in which countries and
regions are uneven in their economic development and diverse in their cultural
traditions, it is neither realistic nor appropriate simply to ask that all
oountr ies measure up to the standard or model of a particular country or type of
country.
The Chinese Government and people have always stood for respect for human
rights and fundamental freedoms, supported and abided by the principles on human
rights enshrined in the United Nations Charter and actively participated in the
United Nations activities in the field of human rights. China has already acceded
to a number of international conventions in the field of human rights, strictly
discharged its obligations thereunder and regularly submi tted reports to the
relevant treaty bodies. On the occasion of the fortieth anniversary of the·
Declaration, China, like many other countries, has conducted commemorative
activities at home. It is our hope that these activities will help promote
compliance by the Governments and peoples of various countries with the purposes of
the Charter, adherence to the pr inciples provi&d for in international human rights
instruments and efforts to bring about a continuous improvement in the level of
enjoyment of every right by all people, thus mak ing positive contr ibutions to
maintaining world peace and upholding justice.
(Mr. Ding Yuanhong 6 China)
I now have the honour of
calling on Justice Elizabeth Evatt, who will speak on behalf of Australia. She is
not only an outstanding jurist and an expert on human rights, but also the niece of
Dr. Evatt, who was Foreign f4inister of Australia and was President of the General
Asserrbly in 1948. He presided over the meeting at which the Universal Declaration
was adopted and also nade an imporant contribution to drawing up the Declaration.
Ms~ EVATT (Australia); I wish to associate the Government of Australia
wi th the remarks the Pr esident nade in sympa thy wi th the people of the Soviet Ul ion
over the results of the natural disaster that has struck them.
Where you sit today, Sir, my fa ther 's brother stood 40 years ago to announce
the adoption of the Universal Declaration of Human Rights.
The adoption of that Declaration was the completion of the work begun at
Durrbarton Oaks in 1944 to establish an international structure for the preservation
of peace, for the implementation of justice and for the protection of human
rights. That work is enshrined in the Charter itself, in the Statute of the
International Court of Justice and in this Declaration of the fundamental rights of
man.
How do we measure up today compared with those grim times 40 years ago? ~le
have nuch that is good to record. Colooialism is virtually a thing of the past, so
that today 159 nations sit in this Asserrbly, compared with the 56 that voted on the
Declara tion.
The broad statement of human rights in the Declaration has been elaborated in
a nunber of important addi Hooal treaties setting the norms of a decent and
civilized world. Some of them deal with specific areas of abuse, such as torture
and racial discriminaHen, and others wi th the needs of women, who suffer doubly
from the denial of the right to participate on equal terms in poll tical, social and
economic life and who bear heavily the burdens of poverty, famine and violence.
Considerable progress has been made in establishing machinery to implement
those norms. The last 18 months, in particular, have seen remarkable advances
towards a more peaceful world. Without peace, the rights enumerated in the
Declaration can have little substanceJ just as, without tolerance and respect for
human rights, we shall not have any lasting peace.
The concept of the rule of law, perhaps the single most important requirement
for a just society, is taking new hold and achieving new reality. DenDcracy is
emerging and re-emerging in all parts of the world. Equity between nations and
within nations is, at the least, well established on the international agenda.
So there are things in which we can rejoice.
8.1t we should not delude ourselves that the race is yet won. It is barely
begun. This great enterprise of Charter, Statute and Declaration had its
well-spring in the determinaticx\ that never again should war, poverty and injustice
be inflicted upon the peoples of the world, that never again could a Hitler walk
among us. Yet, on this very day, people suffer and die in a mUltitude of wars)
millions flood the refugee campsJ famine is a present reality to the innocents of
the world J and to the Khmer people, while Hitler may be scarcely known his tory, the
shadow of Pol Pot is an ever-present nightmare.
We still have with us apartheid in SOUth Africa, the only country in which by
law and constitution one race seeks to define its own value by its blind denial of
the worth of all other races.
I make those points not to denigrate the achievements of the last 40 years but
to remind us all that the urgency and im[X)rtance of our war k 00 human rights is as
great today as it was 40 years ago. In a sense, the struggle for human rights can
never really be over. It is, instead, a struggle that is part of the human
coodition, a struggle that must be fought anew every day.
We all knaol why that is so. The freely chosen government of a free people can
be a mighty force for 1 iberty and justice in all their diversi ty, but gOlTernment
can also be the potent instrument of repression, cruelty and depr ivation. The
reasoo that the Universal Dec1ara tion is so OITerwhelmingly important is that it has
established once and for all that Governments cannot plead interference in internal
affairs to deflect the legitimate concern of the internatiooal community, for human
r igh ts knaol no national boundar ies • Human r igh ts ar e the bus iness of us all. It
is the obliga tion of every GOITernment: to pursue, internally and internationally,
policies that will ensure the enjo}ll1lent of the rights of each man, woman and child.
I bring here today a proposal to give further strength to the Declaration. It
is not a new proposal - indeed, it is a little older than the Declaration itself.
It was first ~t forward by Austral ia in February 1947. The proposal is for the
establishment of an international oourt of human rights for the enforcement of the
emerging internatiooal law 00 human rights. We do not underestimate the najor
political and legal difficulties that stand in the way: Who would have access to
such a court, just GOITernments or individua ls? Ar.d non-gOlTernmental organ iza tions
as well? Would it be part of the International Court of Justice or would it be
separate? How would its decisions be enforced? ~uld its jurisdiction be
oomt:Ulsory?
We recognize that the establishment of such a oourt would take years to [,dng
to frui tioo. Accordingly, we are happy to see werk begin on this proposal in a
IIDdest way - for example, by its being put to study by the U1ited Nations Centre
for Human Rights or the Sub-Commission on Prevention of Discrimination and
Protection of Minorities. att we are anxious that work begin soon because we see
this as an unrealized ideal whose time has surely come.
On that day in 1948 the President of the General Assenbly said that millions
of people, men woman and children all over the world, would turn to this
O!claration for help, guidance and inspiration. To the extent that that hope has
been realized, the Organization has played a part, as have such organizations as
Amnesty Internatimal. But to the extent to which that hope has been realized it
is, above all, a testament to the ordinary men and women who in their daily lives
fight their often lonel.y and unsung battles to assert tha worth intrinsic to their
humanity. It is true that enough fear, enough pain, enough hunger - indeed, enough
apathy and preoccupation with simple survival - can sustain the tyrant for a while
and make him confident that his power will endure. But in the end each tyrant will
cQ'lfront truth's superb surprise~ that the urge to freedom is so deep in the heart
of all men and women that it will not be denied.
We know that, in the final analysis, if the tbited Nations is to mean anything
it is in its dedication to the simple idea that among the teeming millions of the
world each man, woman and child has unique value and that each individual's ,'ery
humanity gives an inalienable right to freedom and dignity.
So, foe us here in New York, at the East River, our task today is a simple
one. It is to send forth from this place a message of renewed commitment, a
message to the tortured, to the oppressed, to the starving and to the
dispossessed. We feel your agony, we share your anger, we hear your er iea and we
are wi th you.
the great honour that was conferred 00 me this morning. I accepted on behalf of
all my colleagues in the United Nations Secretar iat who helped in those ear ly years
when we were drafting the International Bill of Human Rights!. I also want to thank
the Canadian Government for having invited me to join its delegation for th is day
when the General Assenbly is celebrating the fortieth anniversary of the aooption
of the Universal Declaration of Human Rights. This is for me a very special
occasioo. I was present, in my capacity as the Director of the Divis ion of Human
Rights, in the Palais de Chaillot on the night of 10 Decenber 1948 when the
Declaration was adopted. The AsseJrbly's Third Committee had just devoted some 85
meetings to the discussion and amendment of a draft declaration that had been
prepared by the Commission on Human Rights. I had sat through all those meetings
at the side of the Committee's Chairman, the late Charles Malik of Lebanon, who
was, I may say, ooe of the principal archi tects of the Un iversal Declara Hon. I
had also worked on the Declaration with the Commission on Human Rights and its two
drafting committees. You can imagine with what emotion I now address the Assembly,
40 years after its adoption of the Universal Declaration.
A proper his tory of the Declara tion rela ting the reasons that pranpted its
adoption, describing its juridical character and discussing the importance it has
acquired over the years, mocally, politically and legally, still renains to be
written. I do not attempt to fill that gap today. I want, however, in the short
time that has been allocated to m, to-say something about the moral and political
authority of the Declaration, its status in international law, the close
relationship between respect for the rights enunciated in it and the peace of
nations and how the new world law of human rights, which it has largely inspired,
is helping to change the very nature and structure of international law - and,
finally, solllt:thing about the mechanisms that exist in the world for the
implementa tion of the Declara tion.
Imsmdiaf:elyafter its adoptioo the Universal ~claration acquired a moral and
political authority equal, if not superior, to that of any other contemporary
internatiooal blstrument. The late Eleanor Roosevelt used to call it the Magna
Carta of mankind and, in a speech before the Assenbly in 1979, His Holiness Pope
John Paul It referred to it as the "basic inspiration and corner-stooe of the
United Nations" (A/34/PV.17,'p.'16). tb other international instrument has better
reflected the aspirations of mankind. It quickly became a standard of reference by
which the conduct of Q)vernments in their relations with individual men and women
cou...d be judged. And it has inspired a whole new body of interna tional law,
including, of course, the two United Nations Covenants on human rights.
att, notwithstanding its great moral and pol! tical au thori ty, the adoption of
the Declaration by the Assen'bly did not make it binding on States as part of
international law. The Assembly is, unfortunately, not a world parliament and,
except in housekeeping matters, such as the adoption of the budget, its resolutions
are not legally binding on sta tes. It follows that, wha tever its moral and
POlitical authority may have been in 1948 when the Declaration was adopted, it did
not become binding on states as part of international law.
That, however, was 40 years ago, and dur ing those 40 years the Declaration has
been invoked so many times in the General Assentlly and elsewhere as if it were law
that it can now be said - and perhaps I should say that I am speak ing both in my
persooal cap:lci ty and as a lawyer - that one can say that it is nOW part of the
customary law of nations and therefore binding on all States, inclUding the near ly
50 per cent membership of this Organization which has not ratified the two
Covenants on human rights.
Consider, for example, th~ 1009 ser les of resolutions which the Assen'bly has
a dopted coodenn lng Sou th Afri ca for viola ting its 0011 ga tions t1J1der the Uni ted
Na tions Charter. In every case the General Assenbly goes. on to say in every
case "and the Universal Declaration of Human Rights". It is oblrious that the
General Assenbly is using the Declaration to interpret the Charter, which, while
references to human rights run through it 1 ike a golden thread, nowhere defin.es
human rights and fundamental freedoms or, indeed, even lists them. I could, if
time permitted, provide many more examples of the kind of practice that supports
the oonclus ion that the Universal Declaration of Human Rights is now part of the
customary law of nations.
If what I am saying is correct - and I have no doubt th3t it is - the event we
are celebra ting today, the adoption by the General Assenbly of the Ul iversal
Declaration of Human Rights, turns out to have been a much greater success than
anyooe would have dared to hope in 1948.
International law is traditionally defined as the law governing the relations
of States and of States only. If the Universal Declaration of Human Rights is nO\~
part of the customary law of nations, then, because it confers rights on individual
men and women, it is helping to bring aboot a radical change in the very nature and
structure of an international 1a\<1 that some people th ink is nO<'l obsolete. It
reaches down to en ti ties other than Sta tes. Indeed, wha t we have tradi tiooally
called international law - jus inter gentes- should now be called world law.
Human rights law is directed primarily to the protection of the dignity and
worth of the human person. But human rights law also has another purpose. History
tells us that there is a close relationship between respect for human rights and
the peace of nations. The cutalyst that brought about the references to human
rights in the Ulited Nations Charter, and later in the Uliversal Declaration, was
indeed the gross violations of those rights that occurred during and immediately
before the Second World War. Two of the main purposes of the United Nations, as
proclaimed in Article 1 of the Charter, are to maintain international peace and
security and to proflDte respect for human rights. That associa tion is no accident.
Ne live on a planet that is governed - if one can indeed say that it is
governed - by a legal order that is, as I have just suggested, beooming obsolete.
During my own lifetime we have lived through two world wars that have literally
shattered our planet, and we are still suffering the consequences. How many wars,
declared or not, now divide na tions and peoples? It is Governments that make
wars. It is individual men and women who are made to suffer by them. Perhaps the
radical change to which I have referred in the very nature and structure of
international law could help us keep this planet a place where men and women can
continue to live.
I have talked about a revolution in the nature and structure of international
law. But what is law? Law tells us what should happen. It does not tell us what
will happen. That is why in developed legal systems there exist elaborate
nechanisms for the implementation and enforcement of the law - the courts, the
police and so on.
B.1t at the international level, these medlanisms are weak when, indeed, they even
exist. Most of them are directed, moreover - although that is not t!leir declared
purpose - ooly to the education of world pUblic opinion. We sometimes call it the
organization of shame. It is true, nevertheless, that governments, even
authoritarian governments, are sensitive to world public opinion. But, however
important, that obviously is not enough. Yesterday in Paris at a conference
convened by the United Nations Educatiooal, Scientific and Cultural Organization
(WESa», where there were some 300 youngsters from var ious eauntr ies, I threw out
the challenge - after having told them that our generation had been able to agree
on these standards - that it was for their generation to devise adequate measures
of implementation and enforcement of the Universal Declaration.
This is the message that I want to oonvey in this short intervention. Never
in the history of the Universal Declaration has it receiveCl the attention which it
has received during this fortieth anniversary. I hope that this may be the elan
vital that will help us to bring peace to our wo!:ld and universal recognition of
the dignity of man and of woman.
The PRESIDENT (interpretation from French) ~ I thank the representative
of Canada, who has just given us a brilliant exegesis of the acbption of the
Un iversal DeclaraUon of Human Ri ghts, as a me ••ber of the delegation of his eauntry
attending the United Nations conference for the adoption of that Declaration.
Mr 0 AIKMAN (New Zealand) ~ It is a pr ivilege to follo,l Prefes,gor !iumphrey,
who has made such a massive contribution to the development of human righls law.
Before! go on, I should like to express on behalf of my delegation our
concern at the reports of the destructive earthquake which has struck the Soviet
Union, and our deep sympathy for all those affected by that disaster.
"All human beings are born free and equal in dignity and rights. They
are endOlo1ed with reason and conscience and should act towards one another in a
spirit of brotherhood". (resolution' 211' (ill»
This recognition of the inherent dignity of the individual, and of the linkage
between human rights, peace and justice, is at the heart of the United Nations
engagement in the field of human rights.
It is worth reminding ourselves that pr ior to 1945 hUillan rights as a branch of
international law barely existed. In the United Nations Charter Member States
accepted for the first time the principle that the inte~national community had a
"responsibili ty for the proJIDtion and protection of human rights and fundamental
freedoms. The Universal Declaration was the first formulation of those rights and
freedoms. It wa an expression of the consensus of the moral and political
opinions of mankind.
In my statement to the General Assen'b1y in 1948 I stressed the importance the
New Zealand delegation attached to the next stage in the adoption of an
International Bill of Human Rights - the drafting of a covenant or convention
imposing legally binding obligations on States and the establishment of effective
measures of implementation. We hoped, too, that a series of international
conventions would progressively elaborate and define the principles set forth in
the Declaration.
Forty years later, we can reflect on the remarkable progress that has be~n
made in the achievement of these objectives. There are the two International
Covenants - on Civil and Political Rights and on Economic, SOcial and Cultural
Rights. There is also an impressive range of conventions dealing with particular
human rights issues, such as those on genocide, racial discrimination, the crime of
Ae.artheid, discrimination against women, torture, and freedom of information.
Article 1 ef the United Nations Charter cou~s)1.es the realization of human
ri~ts and fundal11ental freedoms with the solution of economic, social and cuItural
problems. And in 1948 we in the New Zealand delega tion noted wi th satisfaction the
place given in the Universal Declaration to economic, social and cultural rights.
We had taken an active part in the Third Committee discussions of those
rights. We made the point that the right to personal freedom can be enjoyed only
by those who are free from fear and free from want. As has since been graphically
said; for many millions in the present world human rights begin only after.
breakfast. Thus we supported the inclusion in the Universal Declaration of the
right to work, the right to rest and leisure, the right to a standard of living
adequa te for heal th and well-be 1ng, the right to educa tion, and the right freely to
participate in the cultural life of the community.
In this area, too, the past 40 years have seen gratifying successes - a result
of work throughout the United Nations system, and in this I include the work of the
specialized agencies, beginning with that of the International Labour
Organisation. And we must not forget the dedicated and unremitting support of the
non-governmental orgcmizations. Indeed, it is in the prollDtion of human rights
that those bodies have laboured most actively and constructively.
However, this is not ally an occasial for looking back over the past
40 years. We must recognize that there are still many tasks over the whole field
of human rights which must be faced "1i th energy and insight in the 40 years ahead.
Everywhere we see gross violations of personal freedoms and there are still
millions who are living in conditions of fear, ~erty and ignorance. The
standards proclaimed by the Universal Declaration of Human Rights will continue to
be a reminder to us that theso are issues wIlt.ch present a challenge for the
international colllllunity to which we in the United Nations must respond.
The active part which the New Zealand delegation took in the Third Committee
proceedings in Paris in 1948 reflected the interest taken in human rights ~y the
leader of the delegation, Prime Minister Peter Fraser. It will be recalled that in
1945 he had ~haired, with distinction, the International Trusteeship Committee at
the San Francisco Conference. We now have another Labour Prime Minister,
Hr. David Lange. I shall conclude by reading the following message from him~
(Mr. Aikman, New Zealand)
it I extend I]reetings from the New Zealand Government to this special
colllltemorative session. We are proud that New Zealand was in the company of
the 48 countries which supported the adoption of the Universal Declaration of
Human Rights on 10 December 1948 at the third session of the General Assembly.
liThe Universal Declaration was undoubtedly 'a fruitful seed cast on good
ground', as the New Zealand Labour Prime Minister of the day, Peter Fraser,
hoped it would be. In the intervening 40 years many of the rights and
freedoms proclaimed by the Declaration have been given the status of
international law.
"It is undeniable that serious abuses of human rights still continue
around the world. In SOuth Africa they are in a category of their own. But
the international community has asserted its right to express its abhorrence
of such practices wi th the force and au thod ty of the Un! ted Na t!ons Indeed,
we are bound to do so by our obligations under the United Nations Charter.
"I should like to reaffirm New Zealand's commitment to the United Nations
goal of promoting and encouraging respect for human rights and fundamental
freedoms for all. We look forwal:'d to another 40 years of Uni ted NaHons
aChievement. "
Mr.'TEEHANKEE (Philippines)~ Before making my brief statement I should
like to expzoess, on behalf of the Republic of the Philippines, our deepest sympathy
to the {h"ioil of Soviet Socialist Republics and its people for the many casualties
and great damage caused by the severe earthquake in Soviet Armenia.
The Philippines, in observing the fortieth anniversary of the Universal
Declaration of Human Rights, reaffirms its pledge to promote and achieve, together
with the other Member States, universal respect for, and observance of, inalienable
human rights and fundamental freedoms.
(Mr. Aikman, New Zealand)
The Philippines was privileged to participate actively in 1948 in the drafting
of this historic document and to be counted among the 48, out of 56, Member states
then which supported its adoption. The 3O-article Declaration, purposely written
in simple and easily understood language, specified for the first time the basic
human rights and fundamental freedoms of all members of the human family that mlJst
be guaranteed, respected and Protected by all nations and all peoples. Its
adoption was a response to the deepest aspirations of mankind based on t:.'le inherent
dignity and equality of all human beings, of whatever race or colour, sex or cr.eed.
Today the Declaration has served to inspire the elabOt'a tion and acbption of
some 60 international human rights instruments. Its praJisions have been included
in naticnal constitutions of MenDer states, including the Philippines.
Nevertheless, this is only one aspect of the envisioned international bill of human
rights. The Philippines appeals to other Menber States to become parties to the
International Covenant on Civil and Political Rights and the International Covenant
on Ecooomic, Social and Cultural Rights, which stipUlate in detail the rights
outlined in the Declaration. The Phi! ippines reiterates its position that the
basic rights enshr ined in these Covenants must be given equal attention by all
states since they are indivisible and indispensably interrelated.
Her Excellency President Corazon Aquino of the lepublic of the Philippines,
upon her assumption of office in February 1986, installed a government strongly
committed to the prolTOtion and protection of human rights a."ld flU'ldamental
frtaedoms. She forthwith ordered the immediate release of all political prisooers,
even those who wO~lld afterwards seek her downfall, and the restoration of the writ
of habeas· col'p'?s, the great writ of liberty under ",taidl no one may be detained
indefinitely without charges. She ratified the International Covenant on Civil and
Political Rights and made the Declaration under article 41 of the Coveni!nt. She
has signed the instrument of ratification to its corresponding Optional Protocol,
(~ Teehankee, Philippines)
which has been submitted to our Senate now for its coocurrence. We have also
acceded to the Convention against 'lbri:ure and other Cruel, Inhuman or Degrading
Treatment or Pooishment, and have become a State Party to Protocol 11 to the Geneva
Conventions of 12 August 1949.
The Philippines believes that the best vanguard against human rights
viola tions is a ci tizenry fully aware of its rights and freedoms. Thus, as part of
the process of full restoration and establishment of democratic inst! tutions, the
Philippine Commission on Human Rights with full authority to investigate violations
and enforce the rights of aggr ieved parties has been functioning since May last
year. The Philippine Government has in addition integrated the study of human
rights at all levels in schools and in the government service and has made this
study part of the cootinuing education programme for the police and the military.
Fbrty years after the adoption of the Universal Declaration of Human Rights
there are still numerous reports of human rights violations all over the world.
has been aptly said that our world has become a global village in which, as the
poet said, "Any man's death diminishes ne." Every deliberate violation of the
human rights of one person is inflicted on all others. The best way for us to
celebrate the fortieth anniversary of the thiversal D!claration of Human Rights is
to renew our consecration and resolve at all times to hold inviolate the principles
enshrined in it for the pronntion and protection of human rights and human dignity.
In closing the Philippine delegation congratulates the six distingu ished
recipients of the human rights award, whom we have hoooured this morning for their
outstanding achievements in the field of human rights.
Mr~' NafORYTA (Poland), Before making my statement I wish to express my
compassion to the delegation of the Union of Soviet Socialist Republics on the
tragic consequences of the earthquake •
From the point of view of history, the 40 years that have passed since the
adoption of the Universal Declaration of Human Rights are a very short period of
time, but the world's evolution in that period has proceeded at a more rapid pace;
the political. map of the world has been completely transformed, and the
extraordinary advances in science and technology have helped to make all of us on
this planet aware of the basic unity of our aspirations and anxieties.
The Universal Declaration at that time set forth inalienable rights - civil,
political, economic, social and cultural·· the first and essential prerequisite of
constructive activi ties by f!!!Ilery human being. Look ing at the importance of the
Universal Declaration of Human Rights from such a perspective, I should like to
recall its simple, bold words, an elCXJuent expression of human dignity:
"All human beings are born free and equal in dignity and rights. They
are endowed wi th reason and conscience and should act towards me another in a
spir it of brotherhood." (article 1)
As the Assell'bly knows, 40 years ago Poland was actively involved in the
process of the elaboration of the Universal Declaration of Human Rights. we tried
at that time to help in drafting a document that would effectively serve the cause
of progress and denocracy, improve the living conditions of all people and make an
effective contribution toward respect for human rights.
we then considered, as we still jo today, that: the place of any human being in
society depends on his or her social and economic condition~ and that is why it is
so important not only to proclaim human rights but also to crea te condi tions tha t
will enable these rights to become a reality. It is exactly for that reaSQ1 that
we wanted the Declaratim to cmtain basic social and economic rights.. the right
to work, the right to equal pay for equal work, the right to education and social
security, among others.
Nevertheless, when we lcok today at the values of the Declaration, we note
with satisfaction that its elaboration and subsequent proclanetion inspired many
new instruments, inclUding the International Convention on the El imination of All
Forms of Racial DiscriminatiOl'1, the Internaticnal Covenants on Human Rights, the
Declaration on Social Progress and Developnent, the Convention en the El imination
of Discrimination Against WOmen, as well as the recent tklited Nations efforts in
(Hr. Noworyta, Poland)
this respect~ the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or punishment, or the dr~ft Convention on the Rights of the Child.
Thus, not conceived originally as a part of binding international law, the
Declaration is accepted today by many States as an international standard, cl ted
regularly in in terna tional legal ins truments, and invoiced in numerous na tiooal
constitutions. We recognize these values. Through scientific conferences,
sympos ia and seminars, organized tmder the auspicies of the (,hi ted Na Hons
Association of Poland, the Polish Institute of International Affairs, and others,
the ideals, the spirit and the contents of the U1iversal Declaration have been
widely publicized, discussed and studied.
In concluding, let me eXpt'ess the hope that the celebration of the fortieth
anniversar}' of the Universal Declaration will produce new ideas in the wide field
of human activity called human rights, especially economic, social and cultural
rights. we are strongly convinced that the international climate is propitious
today for new ideas in these vital fields.
We join all voices suggesting that this anniversary should not only be an
occasion for ceremc::nies or commemora tive events, but should also prollDte all
activities which could effectively serve the cause of human rights and their
pronotion. It is important that one of these activi ties today is to s timula te
early rat! fication, by the States that have not done so, of international
instruments elaborated in the framework of the Unibed Nations. let the observance
of this anniversary be a new step forward in the direction of a noble cause'& all
human riCjhts foe all people in accordance with the letter and spirit of the
Oliversal Declaration.
The meeting rose at 1.15 p.m.
(Mr. ft)woryta, Poland)