(Pix © Larry Catá Backer 2016)
Madamina, il catalogo è questo
Delle belle che amò il padron mio;
un catalogo egli è che ho fatt'io;
Osservate, leggete con me.
(Lorenzo da Ponte, Aria "Madamina, il catalogo è questo" Act 1 Scene 5 Don Giovanni, W.A. Mozart) ("My dear lady, this is the list Of the beauties my master has loved, A list which I have compiled. Observe, read along with me")).
Catalogue arias are powerful cultural statements--of compulsion, of arrangement, of leveling, and of a judgment about the thing collected. It is meant to provide a window on the "soul" of the subject and incite horror in the listener. The horror comes not merely from the subject of the listing but from its banality, the reduction of its components to ritualized actions whose principle interest in in its aggregation ("In Italia seicento e quaranta; In Alemagna duecento e trentuna; Cento in Francia, in Turchia novantuna; Ma in Ispagna son già mille e tre"), without regard to rank, value or societal impact ("E v'han donne d'ogni grado, D'ogni forma, d'ogni età"), and in the techniques of production (Nella bionda egli ha l'usanza Di lodar la gentilezza, Nella bruna la costanza, Nella bianca la dolcezza).
These catalogue arias have become a mainstay of government, and of the bureaucratic apparatus of international public organizations. In what has become a ritualized performance over the years, the United Nations High Commissioner for Human Rights delivered his statement for the opening of the 32nd session of the U.N. Human Rights Council.
The Opening Statement along with my brief comments follows. Osservate, leggete con me.
The Opening Statement serves an important purpose. It is meant to provide context--the big picture--that frames the work of the Human Rights Council for the year, and connects that work to what had been done before and what may likely face it well into the future. It is meant to suggest the state of the global human rights project, its challenges and trajectories, and to itemize activities in states that suggest reason for "optimism" or "concern." But it is also a catalogue aria. And in that form also reveals the structural deadening that comes form the present condition of the human rights project as a global enterprise among states whose own contexts are so distinct but whose adherence to a common set of normative symbols are so firm. It reveals both the unifying strength of these normative tropes--as symbol--and their fracture and technicity as administrative technique and intergovernmental politics. The ritual's litany sometimes produces a deadening of the senses. And it reminds us that national context can sometimes obscure the quite different metrics used to assess conditions against global norms. Consider, for example, the juxtaposition of these observations:
In Mauritania, there has been considerable progress on the issue of slavery in recent years, although much work remains to be done. My Office in Mauritania will continue to work with the Government and civil society to further human rights through constructive dialogue, including on the right to a fair trial. (Statement by Zeid Ra'ad al Hussein on the Opening of the 32nd Session of the UN Human Rights Council (13 June 2013), p. 11)
In the United States of America, although federal civil rights legislation has had undeniable positive impact, many African Americans in particular struggle to achieve their rights to full equality. Especially when they are poor – as they disproportionately are – African Americans are more likely to be exposed to violence and crime, less likely to achieve a decent education and will have fewer employment opportunities, receive less adequate health care and face more violent interactions with the police. (Id., p. 17)
The application of global norms of human rights within the context and conditions of states produces fracture that is itself the necessary consequence of uniformity without hierarchy at the global level. And that might well be necessary. But it produces a tendency toward the sorry of narrative catalogues on encounters, year after year, in the ritual of the opening statement, and what it reveals about the administrative and normative culture of human rights management within states from beyond them.
Context, meaning, relational positioning, the development of nation specific measurement and valuation for universal and global normative obligations, and the juxtaposition of the conclusions drawn from the application of these these nation specific valuations in a catalogue of equivalence produces an effect similar to that of Don Giovanni's catalogue of conquests. It continues to suggest a certain horror in the size and scope of the listing, but it also suggests fractured standards. That fracture is perhaps the most poignantly illustrated part of the catalogue--that contrast between the normative and aspirational set of unifying statements that make the beginning and end of the statement, with the catalogue itself. In that light the fundamental questions thrown out by the High Commissioner acquires greater and more profound meaning: "Then do we really still have an international community? When the threads forming it are being tugged away and the tapestry, our world, is unravelling? Or are there only fragmented communities of competing interests – strategic and commercial – operating behind a screen of feigned allegiance to laws and institutions?" (Statement, p. 2)). The ritual of the catalogue statement may well provide him with the start to an answer to his own questions. Yet, like Leporello, the High Commissioner serves the master who generates the list and is powerless to control that master. He can express his horror. He can condemn the forces that produce the list, he can judge the quality of the list itself. "We shed light on protection gaps in order to help States repair them. I urge you to assist our work, and to avail yourselves of the help we offer." (Statement) But in the end he will have to wait for a higher authority to act.
__________
Opening Statement by
Zeid Ra'ad Al Hussein
United Nations High Commissioner for Human Rights
Geneva, 13 June 2016
Distinguished President of the Council,
Excellencies
Colleagues and friends
When the Inter-American Commission announces it has to cut its personnel by forty percent – and when States have already withdrawn from it and the Inter-American Court;
When States Parties now threaten to withdraw from the Rome Statute of the International Criminal Court – and, even more recently, others threaten to leave the United Nations, or the European Court of Human Rights and the European Union;
When those calling for departure have seemingly already fled in their minds from the urge to protect the world from the untold sorrow and miseries which twice swept the world, and brought about the creation of many of these very institutions;
When filthy abuse by politicians of the vulnerable is tolerated; when the laws – human rights law, refugee law, international humanitarian law – are increasingly violated, and when hospitals are bombed – but no one is punished;
When human rights, the two words, so rarely found in the world of finance and business, in its literature, in its lexicon. Why? Because it is shameful to mention them?
When working for the collective benefit of all people, everywhere is apparently losing its ardour, and features only in empty proclamations swelling with unjustified self-importance and selfishness –
Then do we really still have an international community? When the threads forming it are being tugged away and the tapestry, our world, is unravelling? Or are there only fragmented communities of competing interests – strategic and commercial – operating behind a screen of feigned allegiance to laws and institutions?
I think of a video clip I saw on the internet only days ago, where the body of a young child, a young girl, with a face that is white with dust, nose bloodied, hair springing with life still and her body crushed, inert as the rubble – dug out as she was from a bombed building in Syria, so reports said, just days ago.
The poet Hafiz says:
As pallid ghost appears
Speak the epic of thy pain
Please stop this, because this madness can be stopped.
Mr President,
As I stand before this 32nd session of the Human Rights Council, at which all of the 193 Member States of the United Nations are represented, the international community's familiar customs and procedures are much in evidence.
And yet the workable space in which we function as one community – resolving disputes, coming to consensus – is under attack. The common sets of laws, the institutions - and deeper still, the values – which bind us together are buckling. And suffering most from this onslaught are our fellow human beings – your people – who bear the brunt of the resulting deprivation, misery, injustice, and bloodshed.
I, and many others, seek your support.
Hate is becoming mainstreamed. Walls – which tormented previous generations, and have never yielded any sustainable solution to any problem – are returning. Barriers of suspicion are rising, snaking through and between our societies – and they are killers. Clampdowns on public freedoms, and crackdowns on civil society activists and human rights defenders, are hacking away at the forces which uphold the healthy functioning of societies. Judicial institutions which act as checks on executive power are being dismantled. Towering inequalities are hollowing out the sense that there are common goods.
These trends bleed nations of their innate resilience. They do not make them safe: they make them weaker. Piece by piece, these mutually reinforcing trends are shearing off the protections that maintain respect, enable development, and provide the only fragile basis for world peace. They are attacks on sanity. And they can be reversed.
Mr President,
This is a period of powerful lessons – if we choose to learn from them.
We can build societies in which disputes can be peacefully resolved by impartial and effective institutions, and where people's right to development and other fundamental rights are respected.
We can shore up the basic building blocks of co-existence and well-being, both within States and between them.
Sound rule of law institutions, which offer the confidence of impartial justice, build confidence and strength. Equality: every individual must be clear in the knowledge that regardless of sex, race, ethnicity, opinions, belief, caste, age or sexual orientation, her equal rights are fully acknowledged. Trust can only accrue if government is transparent and accountable – and when people know they are entitled to contribute to all decisions in which they have a stake, there is greater social unity. When fundamental economic and social goods – such as education, clean water and adequate health-care – are viewed, correctly, as rights, resources are allocated with greater fairness and society as a whole is stronger. The freedoms of expression, association and belief must prevail, together with independent media, in order that people be fully informed and free to contribute ideas and experiences without fear of attack.
These are powerful levers for development and peace. They are investments which pay instant and long-term benefits in maintaining peace, in maximising sustainable development, and in optimizing the well-being of each society and humanity as a whole. In contrast, the damage done by denial of human rights spills across borders and mutilates the destiny of generations to come. Human rights are not costly – they are priceless.
Mr President,
We are 7.4 billion human beings clinging to a small and fragile planet. And there is really only one way to ensure a good and sustainable future: ensure respect, resolve disputes, construct institutions that are sound and fair and share resources and opportunities equitably.
The 2030 Agenda, which arises out of the Declaration on the Right to Development, is a practical, structured road-map for investing in human rights, including vital economic, social and cultural rights, and maintaining loyalty to the needs of humanity as a whole. These and other policies that benefit humanity are in the national interest of every State.
The 2030 Agenda details the way forward to combat exploitation and exclusion, and to build more just and resilient societies that fulfill the rights of all – including women and others who frequently suffer discrimination. It may not be a perfect or entirely sufficient programme, but it constitutes a universal commitment by States to the absolutely vital work of prevention.
At next month’s High Level Political Forum, we need member states and our civil society partners to push for real delivery on the Agenda’s promises, based on its core commitments to human rights. I also ask States to use their development aid more effectively, to promote the human rights goals that truly build development. Accountable, inclusive and transparent governance and rule of law institutions that are impartial and effective – these massively amplify development. And in the coming months and years, we have an opportunity to truly improve life for millions of people.
My Office is dedicated to that goal. The objective of our scrutiny is to give States the benefit of detailed, fact-based analysis, and to use that analysis as the basis for cooperation programmes that assist States to improve their protection of human rights.
In many situations, and especially when there are conflicting accounts, the independent, objective, and factual information that my Office provides can play an important role to prevent further violations. I very much regret the refusal by some countries to permit my staff to have access in order to monitor and report on events. I must emphasise that non-cooperation by Governments will not result in my Office remaining silent. On the contrary, it creates a presumption of major violations, and may deprive local and national actors of the opportunity to explain and provide information about events.
In updating this Council at the September session, I may list a number of countries where engagement with or access for my Office is impeded.
This morning, in the course of this update, I will outline some very pressing human rights concerns, which could have been prevented – and must now be redressed. To undertake that work, my recommendations are clear. In every situation of conflict, the principles of distinction, proportionality, precaution and necessity must be strictly observed, in line with international humanitarian law. I urge every State to fully comply with international human right norms and implement the recommendations of the human rights mechanisms and of my Office. All political detainees should be released, and reforms undertaken to ensure fair trials and an impartial and effective administration of justice. Independent national institutions and civil society organizations must be free to raise their voice. Freedoms of expression, assembly and association must be respected and wherever people are jailed for exercising these rights – and there are many – I urge the authorities to release them with immediate effect.
The actions of the police, security forces and all other agents of the State, must be in line with relevant human rights obligations and minimum standards. When reports suggest violations of human rights, I call on the authorities to conduct investigations to establish the facts, prosecute perpetrators and ensure redress for victims. Economic, social and cultural rights are vital, and their respect must include equitable access to resources, services and opportunities. Refugee law must also be respected, especially the principle of non-refoulement. And all forms of discrimination must be eradicated, to ensure that every member of society can freely make choices and participate in decisions.
On a daily basis, we are witness to horrors of every kind around the world. I extend my condolences and respect to all victims of human rights violations, including the victims of conflict and those who suffer violations of their civil, political, economic, social and cultural rights. I also condemn with the greatest possible force the outrageous attacks by violent extremists on innocent people, chosen at random, or because of their presumed beliefs, or opinions, or – as we saw yesterday – their sexual orientation.
Martin Luther King spoke of the deep shame reserved "for those who possess power without compassion, might without morality, and strength without sight". But he also pointed out that we can "re-dedicate ourselves to the long, and bitter, but beautiful, struggle for a new world."
Mr President,
Globally, many countries have distinguished themselves by their principled welcome to large numbers of desperate, often terrified and poverty-stricken migrants and refugees. They have provided assistance, enabled access to education and labour markets, and protected many vital human rights in line with their commitments under international law.
Many other countries have not done so. And their failure to take in a fair share of the world’s most vulnerable is undermining the efforts of more responsible States. Across the board, we are seeing a strong trend that overturns international commitments, refuses basic humanity, and slams doors in the face of human beings in need.
The only sustainable way to resolve today’s movements of people will be to improve human rights in countries of origin, and I strongly urge the members of this Council to embark on that work. But meanwhile, the countries of Europe must find a way to address the current migration crisis consistently and in a manner that respects the rights of the people concerned – including in the context of the EU-Turkey agreement.
It is entirely possible to create well-functioning migration governance systems, even for large numbers of people, with fair and effective determination of individual protection needs. If European governments can remove hysteria and panic from the equation – and if all contribute to a solution – I am confident that they will be able to achieve this.
Recently I have sent staff to key locationsalong the Central Mediterranean and Balkan migration routes. They have observed a worrying increase in detentionof migrants in Europe, including in the “hotspots” – essentially vast mandatory confinement areas which have been set up in Greece and Italy. Even unaccompanied children are frequently placed in prison cells or centres ringed with barbed-wire. Detention is never in the best interests of the child – which must take primacy over immigration objectives. Alternatives to the detention of children must be developed, drawing on the solid examples of non-custodial, community-based and child-friendly good practices that we have seen in the region in past years.
I also strongly recommended comprehensive collection of data by the EU on the detention of migrants in all Member States. These figures would, I fear, be very shocking.
I deplore the widespread anti-migrant rhetoric that we have heard, spanning the length and breadth of the European continent. This fosters a climate of divisiveness, xenophobia and even – as in Bulgaria – vigilante violence.
In contrast to these many deplorable failures of vision and humanity, a number of cities across Europe have responded commendably to the needs of vulnerable newcomers. I welcome the approach adopted by the Mayors of Lampedusa and Paris, alongside numerous other communities, many much smaller. With several European cities, such as Barcelona and Madrid, ready to relocate and resettle people, EU Member States need to make good on their commitments. In September 2015, they committed to relocate 160,000 people from Greece and Italy, but according to figures published last month fewer than 1600 – less than 1% -- have actually been relocated.
In south-east Turkey, I am alarmed by satellite imagery which indicates widespread destruction in the eastern area of the town of Nusaybin due to the use of heavy weapons. Hundreds of buildings have been damaged or destroyed, including extensive damage between 25 and 29 May. Last month, I requested that my staff be given access to the affected areas, in the context of multiple and contradictory reports of violations of international law and other human rights abuses. While I welcome the personal invitation by the Turkish government for me to visit the country, this invitation must first be extended to my staff so that a team from my Office can establish clarity about the facts. I remain acutely concerned about the harassment of civil society organisations and journalists.
The rights of people still suffering from the protracted conflicts in the South Caucasus have long been a concern of my Office. We have received allegations of violations of international law in the context of the upsurge in hostilities along the line of contact in the Nagorno-Karabakh conflict zone, especially in April. Significant efforts are needed to address the situation of displaced people. My Office is ready to assist in the collection of objective information on human rights needs in the affected areas.
In several countries of central and south-eastern Europe, including Hungary, Poland and The former Yugoslav Republic of Macedonia, I am concerned by challenges to the independence of rule of law institutions which provide an important check to executive overreach. Human rights defenders and civil society activists are under increasing pressure, indicating an almost region-wide narrowing of the democratic space, and we have observed multiple cases of harassment or persecution of journalists. In Poland, the European Commission has issued an opinion that is highly relevant to the regrettable constitutional crisis in the country, and I encourage the Government to cooperate under the EU’s Rule of law framework. I further encourage the authorities to benefit from the expertise of Poland’s highly respected Ombudsman organisation.
In Azerbaijan, I welcome recent releases of civil society actors and journalists. I invite the authorities to use this momentum to undertake meaningful steps towards widening space for civil society and safeguarding freedom of expression, including improving the justice system and the legal framework regulating NGO activities. My Office is ready to further advance a constructive dialogue with the Government with a view to addressing these issues.
This week, a number of amendments to the Russian Federation’s law on foreign agents come into force. More than 90 NGOs are now listed as "foreign agents” a designation which implies that their activities are “political”. I continue to urge the authorities to follow up on recommendations from UN human rights mechanisms and to amend this law in line with Russia’s international human rights obligations.
In Ukraine, we are concerned about the increasing violations to the ceasefire and the presence of heavy weaponry on both sides of the contact line. Only full implementation of the Minsk Agreements by all parties can protect civilians and restore hope for a lasting peace. My Office has access to detention facilities in areas under the control of the Government and there has been some improvement in conditions, and in terms of specific individual cases. But this access has not been possible in areas controlled by armed groups, leading to an assumption that allegations of very severe conditions may be accurate. We continue to receive reports of torture, arbitrary deprivation of liberty, and sexual and gender based violence linked to the conflict on both sides of the contact line. In areas controlled by the armed groups, we deplore the continued collapse of rule of law and severe restrictions on freedoms of opinion, expression, association and assembly. ASG Simonovic has recently completed a mission to Ukraine and will brief the Council during this session.
I welcome the continued search by many States for innovative, human rights-based approaches to challenges, including economic, social and cultural rights. Last week Switzerland held a referendum to consider a guaranteed basic income. The vote was negative, but in other countries, such as Brazil, Finland, Italy and the Netherlands, local and national governments are experimenting with new ways to approach social protection and equal opportunities using some form of basic income.
Mr President,
In many parts of the Middle East and North Africa, the life-forces of society – which are the freedom and hopes of the people – are crushed by repression, conflict or violent anarchy. Torture, summary execution and arbitrary arrests are assaults on the people's security, not measures to protect security. It is a mistake to imagine that attacking the people’s rights makes them any safer or more content.
The antidote to the savagery of violent extremism is greater rule of law. The best way to fight terrorism, and to stabilize the region, is to push back against discrimination; corruption; poor governance; failures of policing and justice; inequality; the denial of public freedoms, and other drivers of radicalization.
Mr President,
The disaster of Syria continues to deepen. So disturbed are we by the Inferno that Syria has become that to brief, month after month, this gathering or other bodies has become grotesque in itself. Collecting and analysing information so appalling, and reporting on it, is intended to serve action. But when it simply piles up and then dissipates into the corridors of power, we are shaken, feeling as I'm sure many around the world feel, almost helpless in this horror.
Torture, arbitrary detention, enforced disappearances, forced evictions and the destruction of schools and entire neighbourhoods continue unabated. Hospitals are attacked, apparently deliberately: last week, in Aleppo, three medical centres hit in a single day – one, a paediatric centre, for the second time. Women and girls in particular, and minorities, are abused by twisted fanatics with a dehumanising sadism that is part of no religion. Over half a million people are trapped in sieges by government forces or armed groups, and are forced to scavenge for their basic needs – in some cases, since 2012. In yet another atrocity, on Friday the people of Daraya were hit by multiple air and ground strikes, just hours after aid made it through to them – for the first time in four years.
When the reckoning is taken, all global decision-makers will find their legacy has been forever damaged by their failure to take decisive action to end this terrible, and entirely preventable, conflict. The serious and systematic crimes that are being inflicted daily on the people of Syria profoundly dishonour all those responsible.
In Iraq, I am acutely concerned about the situation of tens of thousands of civilians who currently remain trapped inside Fallujah, and I refer you to my public communications on this topic earlier this month. I have urged the authorities to take immediate steps to redress the situation regarding people fleeing the outskirts of the city. I welcome the announcement last week that the Prime Minister will appoint a committee to investigate allegations of violations committed against these displaced people, and I trust that this investigation will be truly consequential. I also commend the statement by Ayatollah al-Sistani urging security forces to protect the lives of civilians. The country must avoid further divisions or violence along sectarian lines, lest it implode completely.
I am also profoundly concerned about the suffering of the people of Yemen. The armed conflict that began more than a year ago has taken a terrible toll on civilians, with 9,700 civilian casualties documented by my Office. The humanitarian situation is disastrous and continues to worsen. More than 21 million Yemenis – 80% of the population – need basic assistance, 2.8 million people have been forced to leave their homes. Humanitarian aid is frequently obstructed by the parties to the conflict and limited by funding difficulties. In September, I will be submitting a comprehensive report on human rights violations in Yemen and the progress made by the national commission of investigation. I strongly urge all parties to the conflict to abide by their obligations under international humanitarian law, in particular concerning the protection of civilians. The delivery of humanitarian aid must be ensured in all conflict zones and besieged areas.
The occupation of Palestinian territory by Israel entered its 50th year last week. Tensions remain high across the Occupied Palestinian Territory and in Israel, and the risk of a further sudden escalation in violence remains very real. Violence is among the many consequences of this prolonged oppression, including and inexcusably against civilians on both sides. Both sides have seen civilians attacked recently, and I deplore those actions. The reactions of the Israeli authorities – in particular, instances of excessive use of force – have also been a cause for concern. I have reminded the Israeli Government of its obligations under international human rights and humanitarian law on a number of occasions. The increase in detention of Palestinians this year, particularly in administrative detention without trial, is another serious concern. At the end of April there were almost 700 Palestinian administrative detainees, more than double the figure at the end of September 2015 and the highest number since June 2008. Over 400 Palestinian children are currently detained in Israeli prisons, among them 13 who are in administrative detention – again, the highest figure since public records began in 2008. I once again join the call by a number of Treaty Bodies for the practice of administrative detention by Israel to be abolished.
The situation in Gaza is untenable, with the continuing illegal blockade impeding reconstruction and basic services, and bleeding the people of hope. Arbitrary and often violent enforcement of the so-called "Access Restricted Areas" along the land and sea borders of Gaza not only obstructs access by Gazans to their livelihoods, but also results in deaths and injuries. So far this year, 73 fishermen have been arrested and detained by Israeli security forces – the same number as for all of 2015. Recent skirmishes along the border are a warning signal that another escalation of hostilities is a very real prospect unless there is real improvement for the people of Gaza.
Libyacontinues to be beset by violence and impunity, and my Office continues to document violations and abuses by all parties. Civilians have been attacked, killed, and abducted on account of their origins, religion, or political views and all parties have used heavy weaponry in residential areas without regard for civilian life. The main hospital of Benghazi, the country’s second-largest city, came under repeated fire throughout the month of May, and two weeks ago shells damaged the intensive care unit. Thousands of people continue to languish in detention centres controlled by various armed brigades, where my staff have documented extremely dire conditions. Human rights defenders and journalists have been attacked or abducted.
We have also received disturbing reports of many migrants in Libya being subjected to prolonged arbitrary detention; attacks and unlawful killings; torture and other ill-treatment; sexual violence; and abduction for ransom. On a visit to one centre in which migrants were detained, UN staff found dozens of people crammed into storage rooms without space to lie down. All cooperation measures that are taking place between the European Union and Libyan authorities on migration and border management must only be carried out in full respect for the human rights of the people involved. Such cooperation should not, for example, facilitate migrants being sent back to face arbitrary detention in centres where such abuses are rampant.
I remain acutely concerned about the actions by violent extremists in Egypt, as well as by the shrinking democratic space, including constant harassment of civil society organizations and human rights defenders. Measures being employed to restrict freedom of peaceful assembly and freedom of expression include excessive use of force by security forces, arbitrary arrests and detention. The legislation governing peaceful assembly is excessively restrictive. Crackdowns breed grievance and rage, and feed cycles of violence. I urge the authorities to reflect on the long-term implications of their policies.
At least 250 people in Bahrain have reportedly been stripped of their citizenship by the Government because of their alleged disloyalty to the interests of the Kingdom. In addition to these severe restrictions on freedom of expression, which contravene Bahrain’s international human rights obligations, an indefinite ban on gatherings in the capital has been in place since 2013. Dozens of people – including minors – have been prosecuted for participating in protests. Repression will not eliminate people’s grievances; it will increase them.
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