Today's Date:

How can democracy be built and human rights increasingly respected in a world torn by injustice, by a lack of security in many regions, by global economic tensions? I would like to address this issue here today.

Through her history, her commitment, her ideals and the democracy which she has built over time, France is dedicated to the respect of the human rights for everyone, everywhere. She therefore sets great store by the action taken by the Commission on Human Rights to consolidate, accelerate and hasten the general progress which development and education must bring about in societies. France is very active in this respect, putting forward this year, for example, a number of proposals on enforced disappearances, extreme poverty and arbitrary detention in addition to the texts adopted and action taken by the European Union with which she was of course fully associated.

The international environment has changed. Wars and crises remain numerous, but there is less and less tolerance of human rights violations. There is less accommodation to the unacceptable, whatever the contexts and shabby excuses for it. Democratic aspirations are spreading in the world and the events of 11 September have not, to my mind, impeded them.

This movement runs very deep, although that does not mean that statements suffice to suddenly, all over the world, leapfrog the various stages of the democratization process, inseparable as it is from general social progress. Experience shows, however, that a demanding policy, adhering firmly to the principles of the Universal Declaration of Human Rights and based on a sound analysis of the facts, can accelerate the internal maturation process by exploiting the democratic potential present in every society. To my mind, the question we should be asking ourselves here at the Commission on Human Rights and in New York at the Security Council is this one: how can we best combine the various legal instruments we have available - condemnation, including targeted sanctions which should always avoid making the situation worse for civilian populations; dialogue, including discussion of conditionalities and their implementation as now provided for in the EU-ACP Cotonou Agreement; cooperation; persuasion; and also development assistance, debt relief, opening of markets, economic and social improvement - so as to ultimately strengthen the rule of law and democracy?

There are still in the world deep differences of opinion - on the interpretation of history, on the sharing of wealth, the organization of the international system, on injustice, on responsibilities in the Middle East in particular. This is what we saw last year in Genoa and more recently in Durban. It is against this backdrop that the terrorist attacks against the United States produced a major shock with what will be lasting effects.

The international community has made a resolute commitment to the fight against terrorism. But it would not be possible for us to accept the legitimate emotions aroused by these terrorist acts being used by some to extricate themselves from their international obligations to respect human rights and international humanitarian law; the fight against terrorism must not be deflected into an attempt to legitimize campaigns of repression, to muzzle dissent, or to justify the use of unacceptable methods.

The fight against terrorism requires heightened vigilance and security, since States have a duty to protect their citizens, but it must be carried out in compliance with human rights. Acting otherwise would constitute a moral defeat. I was most shocked by some recent calls for a certain acceptance of torture. We must respond to the security challenges issued to us by the terrorists without compromising our principles. And we must, at the same time, avoid the trap of the clash of civilizations which some wish to foment.

The Secretary-General and you yourself, Madame High Commissioner, have been quite clear in your strong statements on these issues: there can be no exceptions to the right to life, to the prohibition of torture, to freedom of opinion, conscience and religion, to the principle of non-discrimination.

Through its positions, the United Nations acts to safeguard our common values and guide the actions of States. We must all support the Organization by scrupulously, separately and severally, keeping our commitments - we therefore send a permanent invitation to those who, pursuant to the mechanisms of the Commission on Human Rights, would like to work in France - and by clearly defining our expectations when it comes to the countries that are our friends. I am thinking in particular of the necessary respect of human rights and international humanitarian law in Chechnya and in the occupied Palestinian territories, whatever the requirements of the struggle against terrorism. I am thinking also of China, where, while pursuing a dialogue with her, the European Union would like to see growing respect of human rights.

In Durban we made a solemn commitment to combat racism and intolerance both individually within our countries and together, with the support of the Office of the High Commissioner for Human Rights. We must now flesh out these commitments: France for her part has adopted a law which recognizes trafficking in human beings and slavery as crimes against humanity.

We must also be watchful with regard to manifestations of religious intolerance, at a time when people tend to confuse issues. The French government is very attentive to all acts of racial or religious hatred and is very firm in enforcing the law against them. It appreciates the resolute action taken by religious dignitaries and activists against racism. With their support, the French government got a law passed in November 2001 which enables each and every victim of discrimination to have access to the law and to seek justice.

Women are all too often subject to severe and multi-faceted discrimination. At times they are denied the most fundamental rights. In Afghanistan, where they had the right to vote, where some of them had served in government, the Taliban regime, against which we did not do enough, went so far as to deprive them of access to education. Let us now help the new Afghanistan, where I was last Sunday, to be built on the basis of respect for the rights of all.

Many women are still the victims all over the world of domestic or social violence which must no longer be tolerated. And let's not forget the unbearable sexual mutilations they have to endure and the atrocious practice of "crimes of honour". We will not have anyone invoke cultural traditions in this respect! We have also seen the development of a modern form of slavery - even saying this is distressing - with transnational slave trade and prostitution networks of which hundreds of thousands of women, often from poor countries, are victims. We must build societies where these practices are not just illegal but unthinkable.

Minors also are protected neither from those criminal networks nor from the sexual violence which is rife in all social backgrounds even if poverty is more conducive to such violence. France has ratified the two Protocols to the Convention on the Rights of the Child and welcomes their entry into force. She calls for their universal ratification and for that of the Convention on the Rights of the Child. She relies on the United Nations Secretary-General to take action against the parties to armed conflicts which still recruit or use children.

The year 2002 will be a milestone in the history of the fight against impunity. The trial of Slobodan Milosevic has just begun before the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Court Statute will soon enter into force. France calls for the ratification of the Rome Statute of the International Criminal Court and for all to cooperate with the Court. As it has jurisdiction for the most serious crimes, it will constitute a means of recourse and a benchmark which will in no way prevent States from finding the most appropriate national solutions to the tragedies they have experienced, if necessary with the support of the United Nations as in Sierra Leone and, I hope, in Cambodia. The victims of acts of violence have a right to the recognition of their sufferings and a right to compensation.

There is a crime for which the search for the truth is particularly difficult, namely that of "enforced disappearance". The UN Commission on Human Rights' Working Group on Enforced or Involuntary Disappearances is trying, through painstaking work, to solve the thousands of cases which have been referred to it at the request of families. States must now show their common determination to draw up a binding legislative instrument on disappearances.

We should take similar action against torture. The text of the convention which Ms Odio-Benito succeeded in proposing strikes the right balance. The Commission should adopt it without delay.

As regards the death penalty, France is championing a comprehensive moratorium, with a view to its universal abolition.

The debate on globalization and democratization has put back on the agenda the promotion of economic, social and cultural rights, i.e. the issue of development. It is solely through development that poverty and social exclusion can be overcome and the foundations laid for sound democracy.

In view of this, access to education should be facilitated for all, girls and boys alike, since the absence of democracy is often at the root of the shortcomings of educational systems. Regarding health, France and the European Union recently successfully defended in Doha the right of access to drugs for countries affected by very serious pandemics such as HIV/AIDS, tuberculosis and malaria. These advances should be built on in order to reach an effective solution by the end of this year for the countries which lack an adequate drug manufacturing capability, such as African countries, for instance.

These objectives require a collective effort to achieve a fairer globalization within which the developing countries can play a greater part in framing international rules. In this connection, France suggests setting up an Economic and Social Security Council.

We should also address other challenges, stemming from scientific and technological advances. During the last session of the United Nations General Assembly, France, together with Germany, proposed the drafting of a legal instrument prohibiting the cloning of human beings for reproductive purposes. We would also like greater vigilance to be shown about the criminal uses of information technology, particularly as regards child pornography and the propagation of racial hatred, with due respect for privacy. We must continue to improve the law by adapting it to the new challenges.

The work of the Commission, its Sub-Commission and the convention-based committees must above all be in tune with reality. The condemnations issued by the Commission would be ineffectual if they were not accompanied by concrete recommendations tailored to each situation and capable of generating change by triggering internal processes. This is why the Commission must respect the rightful role of the NGOs and take fully on board their reports, analyses and proposals. The UN Commission on Human Rights must remain an exemplary body with respect to NGO access, participation and freedom of expression. Indeed, the Durban Forum showed the extent to which an anarchic process can result in intolerable excesses, but nothing of the sort happens in Geneva. Over a year ago now, I called for more transparency and accountability from the NGOs and I am happy to see this debate developing. France would like to see compliance with the accreditation criteria set by the Economic and Social Council, especially the transparency and independence criteria. At the same time, she does not want to see political considerations blocking the accreditation of the voluntary organizations that meet these criteria. The Commission should continue to give its utmost attention to the perilous situation of human rights defenders.

Improving democracy is an ongoing task. No country can ever consider it fully completed. For example, in France last year alone, the government got over a dozen legislative texts passed on gender equality in the workplace, everyday discrimination, the disabled, patients' rights and the conditions for the admission of lone foreign minors into France. In this task, we count on the stimulus of the NGOs with their critical spirit, and an independent vigilant national institution in the form of the National Advisory Commission on Human Rights.

Madame High Commissioner, I have saved my closing remarks for you, as a tribute to you. You have been assigned a virtually impossible task. Impossible because it is endless. In the face of countless violations of human rights worldwide, you have held a steady course, have stood your ground and have spoken clearly. You have managed to find the right tone to encourage reticent countries to take the road to reform. When necessary, you have condemned serious violations, freely and in conscience. For this, you have the admiration of my country and we will miss you. Your example should be followed.

Ladies and Gentlemen,

In Monterrey, New York, Doha, Geneva and tomorrow in Johannesburg, we must fight the same fight: to build societies and build a world in which the violation of human rights will become impossible because it will be unthinkable. If we lose the battle for development and against poverty, we will be hard pressed to find any progress here at the Commission on Human Rights. Let us therefore work on all fronts to make progress on each one of them./.