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United Nations High Commissioner for Human Rights.

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Constructing an International Financial, Trade and Development Architecture: the Human Rights Dimension



Swiss Federal Institute of Technology:
17th Presidential Lecture,

by
Mary Robinson

United Nations High Commissioner
for Human Rights

Zurich, 1 July 1999

I am honoured to have been invited to deliver the 17th Presidential Lecture in the series organised by the Swiss Federal Institute of Technology. It is always a pleasure to come to Zurich, the city I associate with James Joyce, and to recall my visits to the James Joyce House, to his grave, and to the point on the river where he used to stand and think of Dublin.

The title of my address is "Constructing an International Financial, Trade and Development Architecture: the Human Rights Dimension". This may seem a rather long and complicated title to you - it certainly does to me! Perhaps a simpler way to put it would be "Human Rights and the International Economic Order". My aim is to show that human rights are, indeed, inextricably linked with the international economic order and that, if we hope to see human rights flourishing, it will only be in the context of an equitable and sustainable economic order.

There are two trends happening in the world which are of crucial importance to my topic tonight. The first is the growing determination of the international community that human rights can and should play a central role in the lives of all people and that the mechanisms to deliver a strengthened set of human rights standards should work effectively. The second trend I would mention is the fresh interest that is being taken in improving international financial, trade and development instruments so that they meet the needs of all of the people on the planet, including the poorest.


Human Rights Take Centre Stage

Human rights as we understand them today are a relatively recent concept. Of course, the urge to remove inequality in society is deep-rooted. Even in ancient times there were voices calling for all to be treated fairly and important victories were won over the years. But if one thinks of the great issues of human rights - such as the right to a fair trial, to freedom from slavery, torture, arbitrary execution, gender inequality - it is clear that the most significant advances have been made over the last two hundred years. Many of our ideas about human rights derive from the period of the Enlightenment when the great thinkers of the day- including Jean Jacques Rousseau - placed the rights of men and women at centre stage and set out for the first time in a comprehensive way how those rights might be secured.

A vital impetus for the strengthening of human rights came after the Second World War. Out of the horrors of that conflict, came a determination that a better way must be found to protect the individual and to forestall a repetition of the terrible violations that had taken place. The great achievement of that post-War period was the Universal Declaration of Human Rights, a seminal document, adopted in Paris in 1948. Starting from the powerful statement that all human beings are born free and equal in dignity and rights, the Universal Declaration sets out in its thirty Articles the fundamental freedoms which all of us are entitled to, simply by virtue of being human. The right to life, liberty and security of person, to equal recognition before the law, to be presumed innocent until proved guilty, to privacy, to freedom of movement and freedom of religion - all of the basic rights are included in the Universal Declaration.

Those who drew up the Declaration knew that it was only the first step and that the process of defending human rights throughout the world would be long and difficult. The work was carried forward through the adoption of two International Covenants, one on Civil and Political Rights, the other on Economic, Social and Cultural Rights. These two Covenants spell out in greater detail what the fundamental rights mean and how they are to be applied. A whole body of human rights law flowed from these basic texts - over 60 treaties addressing such issues as slavery, genocide, humanitarian law, the administration of justice, religious tolerance, discrimination, violence against women, the status of refugees and minorities.

During the past decade the emphasis has shifted from standard-setting to improving the implementation of human rights. A strong push to the effort was given with the holding of the World Conference on Human Rights in Vienna in 1993. One of the decisions of that Conference was to create the position which I now hold, that of High Commissioner for Human Rights, as part of moves to strengthen human rights mechanisms within the United Nations system. The mandate of the High Commissioner is to coordinate all of the UN's human rights programmes and improve their impact and overall efficiency.

A good deal of progress has been made in improving human rights mechanisms. There are the two main review committees of the Commission on Human Rights which monitor the performance of Governments on a regular basis, identify shortcomings and recommend improvements. Special Rapporteurs are appointed to investigate human rights situations in particular countries. There are also Special Rapporteurs who pursue thematic mandates such as torture, religious intolerance, summary executions and violence against women. Two further valuable instruments at my disposal are Field Operations and Technical Cooperation Programmes.

There is an increasing emphasis on preventive measures. For example, it has been found that the setting up of effective National Human Rights Institutions is a strong force for establishing a culture of human rights in a country. My Office has helped many countries to put such Institutions in place, some of them in countries with traditionally poor human rights records.

Regional cooperation is another useful means to strengthen human rights, enabling governments to build on the experience and best practice of the countries in their region, to cooperate with neighbours and to maximise the use of available resources. The Council of Europe's role in promoting human rights through the European Convention and the European Court of Human Rights is well known. Its remit has been extended since the end of the Cold War by the accession of many Eastern European countries. What is perhaps not so well known is that regional human rights organisations are gaining ground in other parts of the world. In November I will travel to Costa Rica to mark the 30th Anniversary of the Inter-American Covenant on Human Rights and the 20th Anniversary of the Inter-American Court of Human Rights. In Africa, I recently attended the first OAU Ministerial Conference on Human Rights, held in Mauritius, and there I found a readiness to embrace the concept of regional cooperation. I also have high hopes of the Asia-Pacific Regional Forum which could be an important instrument for change. Finally, I found the attitude of Arab States and NGOs at a recent meeting in Cairo to be positive towards the idea of greater cooperation in strengthening human rights among the Arab countries.

If a culture of human rights is to be embedded, it is essential to have effective enforcement so that gross violations of human rights do not go unpunished. I am glad to note that progress is being made in this area too. International Tribunals for the Former Yugoslavia and Rwanda are in place and doing their vital work. I realise that to many the pace of such Tribunals can appear slow and their capacity to track down those bearing the heaviest responsibility still to be proved. The truth is that, as the Chief Prosecutor of the International Tribunal for the Former Yugoslavia, Louise Arbour put it, "it takes a lot longer to bring the guilty to justice than it does to commit the crime". But the process is gathering pace. A breakthrough was achieved last year with the decision to set up an International Criminal Court. I hope that States will ratify the Rome Statute without delay so that the International Criminal Court can get on with its vital task of establishing criminal responsibility for gross violations of human rights.

I would like to be able to report that, following the strengthening of human rights mechanisms and the increased attention of the international community, the human rights situation around the world is in good shape. Unfortunately, that is far from being the case. The goal that the framers of the Universal Declaration of Human Rights cherished - that the world would turn away forever from such horrors as genocide - seems as far off as ever, given what we have witnessed in the past decades in Cambodia and Rwanda. Having just returned from a visit to Kosovo I can tell you that the scenes there would quickly dent even the most optimistic person's attitude. Last week I visited Sierra Leone, and saw at firsthand one of the forgotten conflicts of the world which has cost thousands of lives and seen appalling human rights violations. There must be a dozen such unresolved conflicts taking place in Africa alone at present, not to mention fraught situations such as that in East Timor. And these are just some of the more glaring examples.


Economic, Social and Cultural Rights

At least we get to know about some of the worst abuses of human rights because they appear on our television screens. But there is another set of rights, the abuse of which may not be as dramatic as scenes of conflict and mass killing, but which can be extraordinarily destructive in the long term. I refer to the economic, social and cultural rights which form part of the Universal Declaration of Human Rights. The cornerstone of these rights is Article 22 which states that, as a member of society, everyone is entitled to social security and to the realisation of the economic, social and cultural rights which are indispensable for his or her dignity and free and full personal development. The five Articles that follow elaborate the rights necessary for the enjoyment of the fundamental right to social security, including economic rights related to work, fair remuneration and leisure, an adequate standard of living health, well-being and education, and the right to participate in the cultural life of the community.

Since being appointed High Commissioner I have sought to focus greater attention on economic, social and cultural rights because I believe that the achievement of these rights is every bit as important as securing civil and political rights. As well as that, I have drawn attention to the central importance of the right to development, recognised at the World Conference in Vienna as an inalienable right and an integral part of international human rights law.

What has been the record on the securing of economic, social and cultural rights and the right to development? The answer, I fear, is that the record is poor. In many parts of the world the right to basic living conditions, to food, to basic health care and to education are denied on a massive scale.

It should be emphasised that the intention was there from the start that these rights would be secured. It is not by accident that the drafters of the Universal Declaration incorporated economic, social and cultural rights in their deliberations and in their final text. The post-war efforts to build a better international architecture were not confined to human rights and world government but also foresaw the need to set up regulatory mechanisms to bring order to the international economic system. That was the rationale behind the establishment of the Bretton Woods institutions which were designed to provide stability in international finances and to assist the poorest countries to put their economies on a par with those in the developed world. Seeking an orderly, stable system was also part of the rationale behind the efforts to open up world trade, through the Uruguay Round and the General Agreement on Tariffs and Trade and, more recently, through the activities of the World Trade Organisation.

The richer countries have certainly benefited over the past fifty years from the role played by the International Monetary Fund, the World Bank and the WTO. Increases in trade and capital flows have led to very significant growth in productivity and jobs in Western countries. This has been accompanied by strong improvements in the indicators of human well-being such as life expectancy, education and nutrition. At the same time some middle income countries have seen their wealth and human development indicators draw closer to those of industrialised countries, as have a small number of developing countries.

Then there are the rest. There are the marginalized developing countries which, far from sharing in the growth of wealth, have been bypassed along the way. The growth in real per-capita income in the countries of sub-Saharan Africa from 1960 to 1995 was only $28. The overall gap between the richest 20% of humanity and the poorest 20% doubled between 1940 and 1990. To give just one example: in 1976 Switzerland was 52 times richer than Mozambique; in 1997, it was 508 times richer. Three billion people live on less than $2 a day, 1.3 billion do not have clean water and 40,000 children die every day because of hunger related diseases. There has been a dramatic decline in life expectancy in places such as sub-Saharan Africa and Russia.

To put a human face on these statistics, during the course of my talk to you this evening, some 1,200 children will have died needlessly.

If the gap between rich and poor countries is growing, so too is the phenomenon of poverty and exclusion within societies. In many developing countries, even those experiencing some increase in net national wealth, the gap between the poorest in society and the richest has been growing dramatically. This trend has been accentuated by the 1997-98 financial crisis which spread from Asia to Russia and Latin America, throwing further millions of people back into poverty and creating social dislocations of great proportions.

Nor is the trend confined to developing countries. Here in Switzerland, despite increasing wealth overall, statistics show that the gap between rich and poor is growing. Income distribution figures indicate that in 1982 the poorest 20% of the Swiss population received 7.4% of all income while the richest 20% received 43.5%. In 1994, the poorest households accounted for only 5.2% of income whereas the richest got 44.6% of total income.

A recent study classified half a million Swiss citizens as living below the poverty line. Switzerland's report to the Committee on Economic, Social and Cultural Rights, the UN body which monitors implementation of the International Covenant on Economic, Social and Cultural Rights, noted that the persons most affected by poverty in this country are the elderly, divorced women, women bringing up children alone, unemployed people who have exhausted their benefit entitlement and people with social integration problems.

I was interested to learn that in October, 1995, the Swiss Federal Tribunal acknowledged the existence of an unwritten constitutional and legal right to basic means of subsistence as an essential component of democracy and the rule of law. That right was applicable to Swiss nationals and foreigners, irrespective of their status. This jurisprudence was reflected in Article 12 of the new Federal Constitution recently approved by the people of Switzerland which provides for the right to assistance in situations of distress.

Looking around the world we are right to ask: how, in the presence of so much wealth and growth, can we see such levels of poverty and economic insecurity? I think the answer lies in the segmented approach we have adopted in facing economic, social, financial and human rights problems.


Role of the International Economic Mechanisms

The design of the post-War international financial system was based on the idea, which Peter Sutherland refers to as the "logic of 1945", that, in return for economic liberalization on the international level, national governments would provide for the social welfare needs of their citizens. For a long time the separation of the rules for international economic transactions, whether financial or in the area of trade, from the welfare of the individual was carefully maintained. But in recent years concern has been growing at the negative human impact of some economic policies and of structural adjustment programmes in particular. These concerns have been reinforced by the recent financial crisis and have led many to urge that the human impact of policies and actions be considered as an integral part of policy formulation and implementation.

Promoting economic development has, of course, been high on the international agenda. However, as Joseph Stiglitz, of the World Bank stated some time ago in a thoughtful speech:

    the experience of the past fifty years has demonstrated that development is possible, but not inevitable. While a few countries have succeeded in rapid economic growth, narrowing the gap between themselves and the more advanced countries, and bringing millions of their citizens out of poverty, many more countries have actually seen that gap grow and poverty increase. Strategies of the past, even when they have been assiduously followed, have not guaranteed success. Furthermore, many of the most successful countries (representing the largest part of growth within the low income countries) have not actually followed the "recommended" strategies, but have carved out paths of their own."

In Stiglitz's view, past development strategies failed because they focussed only on one part of the problem and failed to take into account the broader context. Most focussed narrowly on economics, aiming at increasing GDP per capita and confusing means with ends and cause with effect. They dealt with technical problems and proposed technical solutions: better planning, better trade and pricing polices, better macro-economic frameworks. They dealt with "means" - in other words, low inflation - but did not focus on "ends" - that is, the human welfare of those concerned.

It is heartening that the World Bank should be looking objectively at its development experience in this way. I believe that this careful scrutiny is fully justified, given that 50 years of expenditure on development has, in many cases, failed to produce the desired results, and for reasons that cannot be simply attributed to external factors such as natural or man-made disasters or economic mismanagement. Regional development banks should also be re-evaluating their role, and I am glad to note, for example, that the Asian Development Bank is making moves in that direction.

The role played by the International Monetary Fund is coming under scrutiny too. The IMF has earned respect for maintaining orderly exchange rates over the years but it has also been criticised for lack of openness and, perhaps more important, for not paying sufficient attention to the disadvantage at which very poor countries are placed in the world economy. As with the World Bank, I am encouraged by signs of a greater readiness on the part of the Fund to think hard about its own role - to "examine its conscience" as it were. The IMF should listen to civil society, and to the non-governmental organisations in particular, who have valid arguments to make about the human impact of strict fiscal policies on poor countries.

Finally it is appropriate to mention that the regulation of world trade is far from being weighted in favour of developing countries. The States of sub-Saharan Africa account for less than 1% of total world trade. We should ask ourselves if developed countries have really played fair in trade negotiations with the developing countries or have, rather, used economic muscle to impose an order that suits them and protects their interests .


What can be done to remedy the situation?

It is not beyond the capacity of the international community to devise strategies to help to secure economic, social and cultural rights for all and to honour the often repeated pledges to support the right to development. I would like to suggest five ways in which progress can be made if there is a willingness and open-mindedness on the part of the international community.


(i) Development

A new strategy of development should be adopted which would seek to achieve, not just GDP growth, but society-wide change. The strategy should foster participation and ownership and should embrace the public and private sectors, the community, families and the individual. This approach would place the human person at the centre of the development paradigm. The basis for this approach would be an emphasis on the human rights objectives of development.

Human rights bring to the development discussion a unifying set of standards - a common reference for setting objectives and assessing the impact of actions taken. The 1986 United Nations Declaration on the Right to Development was a major step forward in defining development from a human rights perspective. The Declaration notes that "the human being is the central subject of development and should be the active participant and beneficiary of the right to development." It also recognises that "development is a comprehensive economic, social, cultural and political process which aims at the constant improvement of the well-being of the entire population and of all individuals on the basis of their active, free and meaningful participation in development and in the fair distribution of benefits resulting therefrom..."

That, I believe, is the context in which all development should be approached. It is the framework in which my Office approaches development issues. We are working towards this end with our partner agencies in the UN system . The United Nations Development Assistance Framework has been established to overcome fragmentation and overlap in development efforts at the country level.

We are also working with our partners at the UN Development Programme on a new joint initiative - the Human Rights Strengthening Programme - better known within the system as "HURIST". HURIST is intended to identify best practices and learning opportunities in the development of national capacity for the promotion and protection of human rights and to apply a human rights approach to development programming at the country level.

Some continue to argue that development is technical in nature and that the effectiveness of policies would be weakened if supposedly outside considerations were to be introduced. But economic policies, such as those relating to budget deficits, inflation, unemployment and trade policies have real and measurable impacts on the enjoyment of human rights, and those impacts must be taken into account.

A good illustration is the effect on children. This year we commemorate the 10th anniversary of the adoption of the Convention of the Rights of the Child. Studies on the relationship between macro-economic policies and the enjoyment by children of their rights show that economic growth is important for child rights, but in fact, it is not enough. Just as important are the policies behind that growth.

In the case of developing countries, if we compare their GDP per capita with measures of child welfare such as child mortality, education and nutrition, we see countries with similar income levels producing very different results in the three areas. Those countries which achieve little in relation to their per capita GDP are generally characterized by inequalities in distribution of income, and very likely unequal access to resources. As one economist has put it "Growth without equity perpetuates poverty".

With the right policies, even low income countries can achieve significant progress in child rights. An example is the State of Kerala in India. Although Kerala has a per capita income below the Indian average, its performance in such areas as under-five and infant mortality rates, maternal mortality and girls attending school is significantly higher than the average for India. And, though poor, Kerala has an appreciatively higher rate of economic growth than India as a whole, which underlines the importance of human development to economic growth.

I saw the same pattern when I visited Saratov in Russia a fortnight ago.
An enlightened approach, based on respect for human rights, combined with the strategic deployment of available resources can make an enormous difference.


(ii) Role of International Financial, Economic and Trade Institutions

Human rights must permeate macro-economic policies, embracing fiscal policies, monetary policies, exchange rate policies, and trade policies. To take the example of children again, one economist has noted that " Trade and exchange rate policies may have a larger impact on children's development than the relative size of the budget allocated to health and education. An incompetent Central Bank can be more harmful to children than an incompetent Ministry of Education."

The international economic institutions should lead the way. They must take greater account of the human dimension of their activities and the huge impact which economic policies can have on local economies, especially in our increasingly globalized world. I noted that the Managing Director of the IMF, Michel Camdessus, urged recently that more must be done to develop policies that will promote growth, sustainable development and poverty reduction. He called as well for a reduction in military spending, for higher spending on social welfare and for increased aid flows. That amounts to just the type of rights-based approach which I favour. The proof will be when organisations such as the World Bank and the IMF - and I include the developmental agencies of the United Nations too - implement on the ground policies that are really designed in such a way as to secure economic, social and cultural rights and the right to development.


(iii) Debt

More and more attention is focussed these days on the crushing burden of debt faced by the poorest countries, a huge obstacle to their meeting economic challenges and, hence, strengthening the human rights of their citizens. I welcome this. Initiatives to date aimed at providing relief to highly indebted poor countries have been painfully slow. That is in spite of the clear evidence that public opinion supports debt relief, as evidenced by the activities of the many religious and humanitarian groups which have come together in the Jubilee 2000 Coalition.

A fortnight ago the G-8 nations agreed to what is being called "the Cologne Initiative", a package of measures designed to reduce the debt burden of the 33 poorest countries of the world. These countries collectively owe $127 billion to industrialised countries and institutions such as the IMF and the World Bank. Sceptics of debt relief have argued that previous measures did not filter through to ordinary citizens as the savings made were often diverted to wasteful or corrupt purposes. The Cologne Initiative would require debtor nations to show that they are using the benefits primarily for expenditure on education and health.

Properly structured debt relief initiatives could bring tremendous benefits to countries gripped by poverty but committed to economic and political reform. In virtually all of the countries I visit, I encounter a willingness to embrace modern economic practices but I am constantly told of the strangling effect which debt repayments have on governments trying to put their economies on a sound footing. In Mozambique, to quote just one of the most critical examples, 30% of all revenue goes on debt servicing. And this is one of the poorest countries in the world. If debt payments were relieved resources could be freed to restore the health and education systems which are in a dire state.


(iv) The Private Sector

Undoubtedly, the most powerful player in international economic relations is the private sector. In fact, a great deal of international activity, be it via the World Trade Organization or the International Monetary Fund, is aimed at providing a stable environment for international economic exchanges. On an international level, corporations are indeed important. The largest 100 companies have combined annual revenues that exceed the GDP of half of the world's nations.

Big corporations have the power to bring great benefits to poor communities - but they can cause great damage too: through degradation of the environment, exploitation of economically weak communities , the use of child labour. In recent years there has been an increasing awareness on the part of business that it must face up to its responsibilities in the human rights field. Corporations and business associations contact my office asking for information and guidance. Human rights in business is taking root, through internal ethical statements, corporate codes of conduct, sectoral agreements on issues such as child labour in the clothing industry, or wider codes such as Social Accountability 8000, the International Code of Ethics for Canadian Business and the new Sullivan principles.

United Nations Secretary-General, Kofi Annan, proposed to the world business leaders assembled in Davos last January a global compact of shared values and principles, to give a human face to the global market.

To underpin the global economy, he called on business leaders, through individual firms and through business associations, to embrace, support and enact a set of core values in three areas: human rights, labour standards and the environment.

The immediate goal in implementing the compact is to challenge the international business community to incorporate universal values into their mission statements and to change management practices to achieve these goals. I have been acutely aware of the positive business response to this challenge. Business and human rights is an area in which it seems to me that real progress can be made.


(v) Sharing the Information Revolution

Those of you listening tonight may wonder what role you can play to help. In some of the areas I have already mentioned you can play your part. For example, through your contacts with the business world you can urge greater observance of ethical practices in business. You can also support the movement for debt relief and efforts to redesign development models so as to make them people-centred and supportive of human rights.

There is a further role you can play, and that is to seek ways of sharing the benefits of the information revolution. As you well know, a great part of recent world economic expansion has been centred on new technologies. The future is one where technologies, and information technologies in particular, will be the key to success. That is precisely where those of you who are engineers and scientists can and should lead the way. It will require your creativity and knowledge to devise means of ensuring that technologies are accessible to everyone, rather than people in some parts of the world being left out of this rapid transformation.

This is not just a question of doing the right thing: it makes sound commercial sense. Without new markets, sustained growth is far from sure. More emphasis should be placed on developing products and services that are specifically intended to help local economies find growth and development opportunities. As Bo Ekman, a leading businessman who is now a consultant for the United Nations, has said, "We need to speed up access to information technology. We need new educational methods. We need innovation for physical distribution of food and energy. We badly need innovation for means of transportation, building materials and, of course, distributed healthcare."

Some of you will have read the story in the newspapers recently about two entrepreneurs in Guinea Bissau who managed, against a background of one of the least developed telecommunications systems in Africa, to create a computer training centre, an Internet Cafe and a marketing business for local residents. Just imagine the impact which new information technologies can have in that kind of context - the employment opportunities, access to knowledge, the chance for people to tell their stories and hence influence their political, economic and social circumstances; in short, to improve their human rights.

There is a challenge there to you and your colleagues to come up with ideas on how to extend the benefits of new technologies to everyone on the planet.


Conclusion

I am convinced that the tide is running in favour of embedding a strong culture of human rights in the world. That will not come about without considerable effort and goodwill on the part of all of the actors involved but it seems to me that the chances of it happening are better today than they have ever been.

I am also convinced that human rights will not be properly realised unless the economic dimension is at the centre of the picture. Our starting point should be that enjoyment of the essential things of life is not a privilege for the lucky few but an entitlement which should be open to all. As Franklin Roosevelt put it in 1944 :"True individual freedom cannot exist without economic security and independence. Necessitous men are not free men."

I have mentioned the economic actors who have important roles to play. We must not forget the responsibilities which governments are called on to discharge. There is a particular onus on governments to lead by example. The developed states should halt the downward slide in funding devoted to Official Development Assistance and make genuine moves to allow free access to their markets. The developing countries, for their part, should make sure that funds are not squandered on unproductive or wasteful projects.

Denial of the right to development puts all other rights at risk. By seeking to achieve economic, social and cultural rights for all the peoples of the world, as well as their civil and political rights, we will be striking a blow for the cause of universal human rights.

The human dimension of all this was brought home to me recently when I was asked to write a foreword for a publication called " A Map of Hope". It contains women's writings on human rights - women's voices and women's visions. They are summed up in a quotation from Virginia Woolf:
    " We can best help you prevent war, not by repeating your words and repeating your methods, but by finding new words and creating new methods".

Similarly, we need to find a new language linking human rights and development to achieve true human sustainable development.

 

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