Statement by
Ambassador Kevin E. Moley
Head of the U.S. Observer Delegation
to the 58th Session of the
United Nations Commission
on Human Rights
Item 4: Report of the High Commissioner for Human Rights
and Follow-up to the WCAR
Geneva, March 20, 2002
As Delivered
Mr. Chairman:
It is an honor for me to address the United Nations Commission
on Human Rights as the Head of the U.S. Observer Delegation. All
of us here today are particularly aware of the importance of this
session -- the first since the terrorist attacks in the United
States and the end of despotic rule in Afghanistan.
This meeting marks the last occasion where we will have the participation
of High Commissioner for Human Rights, Mrs. Mary Robinson. As
only the second person to hold this position, Mrs. Robinson has
helped define the scope of duties and the role of the High Commissioner.
We wish to call particular attention to her efforts to ensure
that human rights are "mainstreamed" in all United Nations
activities. She will leave behind an organization with an improved
ability to promote and protect human rights.
Let me begin my comments on the High Commissioner's report by
stressing the continued, unshaken commitment of President Bush
to the cause of human rights. As he declared in his State of the
Union speech last January, "America will always stand firm
for non-negotiable demands of human dignity: the rule of law;
limits on the power of the state; respect for women; private property;
free speech; equal justice; and religious tolerance."
My government therefore studied with interest the High Commissioner's
paper asserting a human rights-based "unifying strategy"
to combat terrorism in the wake of the September 11 attacks on
the World Trade Center and the Pentagon by the Al Qaeda network.
Unfortunately the paper does not focus on Al Qaeda's aims, essence
and ideology. Indeed, it has more to do with counter-terrorism
than with terrorism itself. Nonetheless the report does note UN
Security Council Resolution 1373, which is not only an important
framework but a fundamental
affirmation of the right to self-defense and the coalition's ongoing
efforts to defeat and destroy the terrorist threat to international
peace and security.
Following the leadership of the Security Council, other United
Nations bodies took action in their spheres of responsibility,
from civil aviation to the postal system. As these actions demonstrate,
our response to terrorism as a practical matter must be multi-faceted.
Respect for human rights must be central to our efforts at all
levels.
Commentators have characterized the attacks in a wide variety
of ways. In the report under discussion today, they have been
defined not only as criminal, but also as "crimes against
humanity." However characterized, terrorism is best addressed
directly by states and in the appropriate UN fora that deal with
terrorism. We urge member states to cooperate fully with the anti-terrorist
requirements established in UN Security Council resolutions 1368
and 1373, to consider acceding to all 12 of the United Nations
conventions on terrorism, and to work cooperatively in the UN
Sixth Committee on combating terrorism.
The High Commissioner's paper has also addressed the obligation
of governments to ensure that in combating terrorism their actions
are consistent with human rights obligations; it is important
also to recall that the treatment of prisoners in times of conflict
is governed by international humanitarian law. The construction
and interpretation of humanitarian law has generally been the
responsibility of states, taking into account the contributions
of the International Committee of the Red Cross. While the Commission
has indeed made reference to humanitarian law in some of its past
resolutions, the direct application of humanitarian law is primarily
the responsibility of states.
In her paper, the High Commissioner asserts that the Durban outcome
provides an antidote for terrorism. We do not share that view.
The High Commissioner also urges nations to address "human
security" as part of a global strategy to defeat terrorism.
We believe it is essential here to draw a clear distinction between
terrorists and the environment in which they can flourish, and
that we must be careful not to allow the ills of the world to
be used to justify terrorism or support for terrorist organizations.
Attacking these ills on all fronts is necessary, and the promotion
of tolerance, including religious and ideological tolerance, is
a moral imperative. But let us be under no illusion that our necessary
commitment to human rights will be a compelling argument with
the terrorists themselves. For the fact is that societies that
promote tolerance, pluralism and individual freedoms are precisely
those that the terrorists most revile and whose openness they
seek to exploit.
Finally, let me note my delegation's profound hope that at this
moment of maximum peril in the Middle East this Commission will
do nothing to inflame tensions but rather promote balanced resolutions
that support the urgent efforts of President Bush's Special Representative
to bring the violence to a halt.
Mr. Chairman, as we have done at every session of the CHR since
1948, my country and delegation look forward to this meeting as
an opportunity for the international community to reinforce personal
freedoms and human rights everywhere. This is a task that demands
our urgent and undivided attention. I look forward to close cooperation
with CHR members and observers at this session in a shared effort
to make this meeting a success. Our collective stake in the universal
application of human rights and democratic freedoms has never
been greater.
(End