Statement to the United Nations Commission on
Human Rights at its 58th Session


by Ambassador Gérard Stoudmann,

Director of the OSCE Office for Democratic Institutions and Human Rights
(OSCE/ODIHR)

Geneva, 26 March 2002



Mr. Chairman.
Excellencies,
Distinguished members of the Commission,
Ladies and gentlemen,

It is a great honor for me as the Director of the OSCE Office for Democratic Institutions and Human Rights (ODIHR) to address the United Nations Commission for Human Rights at its 58th session. The right to democracy has been dynamically illustrated during the last decade in the OSCE region, where democratic borders have been expanded to include the whole of Europe - central, eastern, south eastern, and western - Central Asia, the Caucasus, and North America. Today most OSCE states enjoy democratic structures. On the other hand, the right to democracy itself is being put at risk for a number of reasons, not only in the OSCE region but also elsewhere, and respect for human rights is far from reaching the credibility threshold everywhere in the world.

Contempt for these fundamental values of civilization is unfortunately as present today as it was in the past, be it through terrorist action which is indiscriminate by nature, the continued use of torture, systematic violence against innocent civilians, in particular violence against women, at times used willingly and knowingly as a tool to terrorize. Moreover, some forms of human rights violations have resurfaced, such as slavery. As an example, trafficking in human beings - mostly women - is of particular concern, as it has constantly increased over the past years. No wonder, in view of the profits it generates and its low risk. Other forms of disrespect for fundamental rights and freedoms are less spectacular, but nevertheless need to be addressed. Listing these exhaustively would take too long, let me therefore just mention in this context the importance of the independence of judiciary, without which access to justice is limited, the implementation of laws safeguarding rights is not warranted, and civil society is deprived of the checks and balances which are at the heart of democracy.

Mr. Chairman, distinguished colleagues,

The Office for Democratic Institutions and Human Rights (ODIHR) was established twelve years ago as an independent institution within the OSCE by the Charter of Paris for a New Europe. The Office was established to promote sustainable democratic systems in the OSCE region, thus recognizing that freely elected governments are essential for the protection of human rights and fundamental freedoms.

The ODIHR - in its initial incarnation as the Office for Free Elections - was first tasked with "foster[ing] the implementation" of principles governing the conduct of "periodic and genuine elections." This responsibility was subsequently expanded so as to assist participating States "to ensure full respect for human rights and fundamental freedoms, to abide by the rule of law, to promote principles of democracy and … to build, strengthen and protect democratic institutions, as well as promote tolerance throughout society."

The ODIHR discharges this mandate by monitoring most important elections in the OSCE area. Additionally, the ODIHR fulfils its strengthened mandate by carrying out projects and programmes among others to build democratic institutions, support the development of civil society and the rule of law, and combat particularly serious forms of human rights violations such as trafficking in human beings. Also, it monitors, as an early warning function, situations in which the rule of law and the democratic system may be harmed or jeopardized.

I can in fact safely say that, over the past twelve years, the ODIHR has become the lead agency in Europe in the field of election observation. Today it co-ordinates and organizes the deployment of thousands of observers every year to assess whether elections in the OSCE area are in line with national legislation and international standards.

Over time, the ODIHR has developed a unique methodology providing an in-depth insight into all elements of an electoral process. An election observation is not just a one-day event but implies a deployment of experts before, during and after a given election, starting with an analysis of the legislative framework for elections and the broader human rights and political context, and ending with a comprehensive report with recommendations that serve as the basis for technical assistance and political follow-up. Until now the ODIHR has observed 110 elections. In 2002, the OSCE's main electoral challenges will include the parliamentary elections in the Former Yugoslav Republic of Macedonia and the municipal elections in Kosovo. Our hope is that these operations will have a confidence building effect, and thus contribute to further stabilization of the region.

The legitimacy of democracy as a system of government does not lie only in the state's legal norms but also in a relationship between government and the governed that is based on social cohesion. Nowhere is this more important than in post-conflict situations.

In the experience of the ODIHR, tensions in society are often derived from the weakness or lack of mechanisms for dialogue and participation which would give civil society a greater consultative and oversight roles. To remedy this, the ODIHR works towards actively securing the implementation of international human rights standards on the ground. It does so less by way of formalized monitoring mechanisms, such as those elaborated by the UN's human rights treaty bodies, but more by way of assisting domestic processes which can bring about a positive change.

Concrete examples of such activities are the legislative review projects the ODIHR has conducted together with the authorities of Kazakhstan, Kyrgyzstan and most recently Armenia, in connection with the implementation of the UN Convention Against Torture. Their "added value" was the dialogue which these reviews generated between government agencies, the legal community and NGOs in those countries. Without similar group discussions on the actual and desired application of international human rights standards, genuine changes in attitude and real safeguards against human rights violations will be extremely slow in coming. The ODIHR's ongoing efforts to build domestic capacities also include training programmes for non-governmental organizations on monitoring human rights in a number of OSCE States.

The ODIHR does not operate in a vacuum. The close co-operation with the Council of Europe and with the UN structures, including of course the UNHCHR, ensures complementarity of actions taken. I wish in this context to underline the formidable work accomplished by the High Commissioner Mrs Mary Robinson to raise the profile of human rights within the UN system and throughout the world to levels never reached before. I would also like to mention the excellent co-operation we have enjoyed with Francis Deng, the Representative of the Secretary General on IDPs on improving the standards of protection for internally displaced persons in the Southern Caucasus region.

Mr. Chairman, distinguished colleagues,

Today, two years into this century, we are faced with a number of difficult challenges and even threats to democracy, good governance and stability, not only in the OSCE region, but everywhere in the world. These include organized crime and corruption, terrorism, extreme nationalism and xenophobia as well as poverty.

As history, both ancient and recent, has taught us, any exclusion or marginalization of large sectors of the population, be it on ethnic, religious or any other ground, creates a potential source of conflict and ends up threatening democratic stability. Another threat to democracy is poverty. The frustration of the population about insufficient income and low living standards can give rise to instability, lead people to irregular migration at the hands of unscrupulous groups, push them to take other desperate steps, or lead to various forms of extremism. Democratic principles will not be appreciated if the majority of the population cannot benefit from them.

It is even more frustrating for the population to see some parts of the society benefiting from the system through illegal means, such as corruption and organized crime. Moreover, corruption not only hinders good governance; it also jeopardizes the system of checks and balances which is the essence of democracy and leads to arbitrary and unpredictable governance at the expense of the weakest. It can prevent the development of an independent judiciary among other things - which is as important for the protection of fundamental rights and freedoms as it is for economic development.

I also want to draw your attention to the serious problem of protracted displacement in the OSCE region. The plight of IDPs and refugees is worth considering not only from humanitarian and human rights point of view but also from the security perspective. I believe that I do not have to convince you of the risk of having a large number of young people in refugee camps without anything purposeful to occupy themselves with or without a glimpse of hope for a brighter future. As we know, social exclusion can also be a source for extremism.

The most topical issue in the last six months has been the fight against terrorism. Terrorism represents the negation of fundamental human rights and clearly calls for appropriate action in defence of the values that we all share. Many countries have taken specific legislative or policy measures, or modified their institutional systems in response to this new situation. However, such measures need to find a balance between addressing the security concerns on one hand, and respect for international standards and legal commitments, such as the Geneva Conventions, on the other hand. It is a question of human dignity and common sense as well.

My specific concern in this regard is what could be the long term consequences of the non-implementation of international law. Putting ourselves above the commonly agreed norms could weaken the system governing international relations which has been successfully established over the last 50 years, and can only lead to a chaotic and unpredictable international legal order. It is therefore the responsibility, but also the interest of all states, to preserve the achievements made when developing new approaches to fight terrorism. It may not always be easy, but is nevertheless essential.

The OSCE promotes the concept of comprehensive security, which means that human rights are an integral element in building security. I would like to stress that we should not separate human rights and security when fighting terrorism; on the contrary, they are closely interlinked. As stated by the High Commissioner in this forum and in her Report on Questions of Human Rights, Human Security and Terrorism, "the promotion and protection of human rights is central to an effective strategy to counter terrorism."

It is clear that progress has been made in the OSCE region in the development of democratic structures and protection of human rights. But there is still a long way to go before these structures are deeply rooted and have a firm ground in all of our societies. The system which we have created with great efforts is still fragile and needs continuous nurturing. We have to keep working actively to ensure that the agreed standards are respected and to keep each other accountable for the commitments we have undertaken to protect human rights and fundamental freedoms. As history has shown, backtracking is never to be excluded, and slipping from normality into crisis and instability can take place gradually. We should therefore remain vigilant.

I therefore call on the Commission for Human Rights to fulfil its important role, as it has in the past, in promoting respect for human rights in the face of the present challenges.

Thank you, Mr. Chairman.