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Bringing human rights home
Published in Al-Ahram Weekly on 14 - 12 - 2006

In interview with Beyond, Boutros Boutros-Ghali sets out a vision for human rights awareness and protection in Egypt
Boutros Boutros-Ghali is one of Egypt's most distinguished public figures. Minister of State for Foreign Affairs from October 1977 until 1991, Dr Boutros-Ghali became the sixth secretary-general of the United Nations on 1 January 1992, serving for five years. Between 1949 and 1977, Dr Boutros- Ghali was professor of international law and international relations at Cairo University. Between 1979 and 1991 Dr Boutros- Ghali was also a member of the International Law Commission. Currently he is chairman of the Egyptian National Council for Human Rights.
On 10 December 1948, the UN General Assembly proclaimed the Universal Declaration of Human Rights, recognising that "the inherent dignity [and] equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world." What are the gravest breaches of human rights principles in the past half-century that continue to impact on our lives?
The world has seen several major developments since the Universal Human Rights Declaration was promulgated in 1948. While some of these developments helped in promoting the human rights situation and raising awareness of human rights issues all over the world, most important of which is the information and communication revolution with its impact on the international arena, there were other developments that constituted setbacks and flagrant violations of human rights.
I may not readily and closely recall such developments, but I have in mind, in particular, the repeated Israeli human rights violations in Lebanon, an outrageous example of which are the massacres in Qana in 1996, and Qana in 2006, and the repeated Israeli massacres against Palestinian civilians, the latest of which was the massacre that took place at Beit Hanoun. Included in human rights violations all over the world are the inhuman practices perpetrated by some dictatorial regimes in Africa against their citizens, the worst two of which are the genocides in Angola and in Darfur.
There has also been the ethnic cleansing in many regions of the world. And the role of the superpower in invoking the alleged claim of spreading principles and values of democracy and freedom the world over while they were indiscriminately arresting and detaining foreign nationals in their detention centres without fair trials.
What, in your opinion, are the most difficult obstacles constraining progress towards enjoying "freedom of speech and belief and freedom from fear and want," which are proclaimed as highest aspiration of the common people?
Unquestionably, enjoyment of the freedom of speech and belief and being free from fear and need are the dream of all common citizens everywhere. The fall of the Nazi and Fascist regimes by the end of World War II and the overthrow of dictatorships in the countries of the former Soviet Union and Eastern Europe were positive steps towards the establishment of basic freedoms for citizens mainly in Europe, but the Third World is still far from attaining this goal.
Main developments in the field of information and communication technology, on the one hand, and the growing international role played by civil society organisations, on the other hand, give rise to some optimism that the future of humanity will be relatively better than in earlier centuries. But I am not overoptimistic. The still widening gap between developed and developing countries, the substantial differences between economic potentialities and capabilities of countries and misdistribution of wealth and resources will be always among factors conducive to world tensions and conflicts the consequences of which only impair the welfare and fundamental freedoms of common citizens.
Underdevelopment and poverty remain the main factors constraining the fulfilment of peoples' aspirations.
What is your assessment of the new UN Human Rights Council, and what would happen if the US withdrew all support because of claims that the council is "one sided"; that it only holds special sessions on Israel?
It is too early to judge. Under the new leadership of Louise Arbour, the council is expected to progress and to play a new role.
Do you believe the principles embodied in the Universal Declaration of Human Rights permeate the culture, policies and legislation of Egypt? Where do you think there are shortcomings?
Most of the principles embodied in the Universal Declaration of Human Rights, if not all of them, are reflected in the Egyptian constitution and its supplementary legislation. As a matter of fact, the drafting committee of the Egyptian constitution took the Declaration as basis for several articles of the constitution, particularly those related to rights and the fundamental freedoms of citizens.
Let us cite some specific examples drawn from the Egyptian constitution, which includes in its first four chapters more than 40 articles that are almost identical to formulations in the Universal Declaration.
Article 8 of Chapter 1 of the constitution about ensuring equal opportunities for all citizens is based on Article 2 of the Declaration; Articles 9 and 10 of the constitution, dealing with family protection, maternity and childhood, as well as with young people and youth, are based on Articles 16 and 25 of the Declaration; Articles 16 and 17 of the constitution on the right to cultural, social and health services, are based on Articles 22 and 24 of the Declaration.
Article 40 of Chapter 3 of the constitution on equality and non-discrimination among citizens is based on Articles 1, 2 and 7 of the Declaration. Articles 41 to 48, on personal freedoms and safeguarding personal dignity and inviolability of property and creed of all citizens, as well as their freedom of thought and expression, reflect the substance of Articles 3, 5, 9, 12, 18 and 19 of the Declaration. The same is true with regard to Chapters 3 and 4 of the constitution on freedoms and fundamental rights as well as safeguards for defendants.
As one of the founding nations of the United Nations, Egypt has, therefore, lived up to its commitments to the Declaration. However, it is essential to admit that in some cases laws have not been enforced with the necessary rigor. On the other hand, some extraordinary laws that were promulgated in Egypt to deal with special circumstances, as temporary measures, have outlived and exceeded their viability. Notable among them is the Emergency Law, which is a major cause of concern as it continues to breach the fundamental right of citizens' freedom.
The National Council for Human Rights (NCHR) called to put an end to the Emergency Law in its first annual report in 2004. We reiterate our request on all occasions. Council members pay regular visits to prisons and detention centres in an endeavour to put an end to any abuses or shortcomings in the enforcement of laws, as well as to any arbitrary use of power. In the meantime, the NCHR is active in calling for the issuance of legislation that would promote human rights and safeguard the freedom and dignity of persons.
There is a general feeling that the NCHR's two annual reports are not easily accessible and to the public.
This is not true. NCHR publications are widely disseminated and we have produced issues in Braille, for the blind. The reports were also translated into English. The first report was even translated into Spanish.
Is it true that the NCHR has no power to enforce the observance of human rights, as "it has no executive responsibilities"?
This is true. The NCHR has no executive functions. As the council has been established on the basis of Paris Principles and United Nations recommendations, it is well known that such councils are advisory with no legislative or executive mandates. Their function is to advise governments on matters relating to freedoms and fundamental human rights, and to act as a facilitator that converges the efforts of governments, local community societies and civil society organisations in order to drive forward various development activities inside society.
Is the NCHR concerned with the rights of women and children, or are such issues left to the National Council for Women (NCW) and the National Council for Childhood and Motherhood (NCCM)?
Section 9 of Article 3 of the council's statute provides for coordination with government institutions dealing with human rights issues. In this context, collaboration is in place with the NCW, the NCCM, and other relevant councils and bodies. This reflects the idea rightly recognised by the legislator that there could not be visible divisions between the functions of national councils in the field of human rights, and that the efforts of these councils should be integrated. Such integration should be an outcome of mutual interaction and coordination aimed to achieving common goals, and this is what the NCHR has achieved with NCW and NCCM.
While these councils deal with matters relating to mother and child health, the NCHR is now implementing, in cooperation with the United Nations Fund for Population Activities (UNFPA) and human rights centres in faculties of law in Assiut and Menoufiyya, a special programme on reproductive health from a human rights perspective. A questionnaire on human rights aspects of reproductive health has been developed for recipients and providers of services in this field, including doctors and paramedics. Results of the questionnaire will be conveyed to appropriate state authorities or national councils so as to avoid any negative impact on their efforts to advance rights to reproductive health.
Does the NCHR collaborate with NGOs and consider them partners?
Certainly. Even 20 years before the inception of the NCHR, there were civil society organisations and juristic organisations that played an important role in promoting and raising human rights awareness. The establishment of the NCHR has been one of the major demands of those societies and organisations in the context of their efforts to translate the principles they advocated into reality. Thus, the council sought, since the first day it came into existence, to deepen its cooperation with civil society organisations, considering this as the mainstay of its work.
I should refer here to the five major meetings the council has held with various societies and organisations, the latest of which was held 13 November 2006. The meeting discussed the establishment of an independent body to oversee the elections.
There are "lines in the sand" between human rights that are breached for reasons of national security and those impinging on personal freedom. How does the council deal with such issues?
Problems concerning the protection of human rights are found in all parts of the world. Governments always use national security as an argument to continue with their policies. For three years, we have been persistently calling for the cessation of the state of emergency. But additional efforts and pressure from public opinion organisations are needed.
What are the key areas in which you plan to focus the work of NCHR in the next five years?
The council's plan for the coming stage will focus on several pivotal issues, foremost of which is the promotion of human rights through seeking amendments to certain legislations affecting citizens' freedoms and fundamental rights. But it is not by the rule of law alone that fundamental rights of people may be guaranteed. Legislation should be complemented by people's awareness of human rights and by developing mechanisms and modalities for maintaining these rights.
To this end, the NCHR will launch by the beginning of 2007 a plan with a view to spread a culture of human rights among various actors in society. To spread such a culture it plans to implement a multi-theme programme accompanied by a wide media campaign and an ambitious training plan for various actors such as ummads, or mayors, lawyers, law students, media professionals, and youth in general. The council will make use in this campaign of audiovisual multimedia, video-conferencing, teleconferencing, Internet, competitions and rewards. I am confident that such a campaign will do much for raising human rights awareness.
What are the main challenges you expect to encounter?
We need patience. To build real protection and to develop the culture of human rights cannot be expected to take place over one or two years. There are 20 active human rights NGOs in Egypt, and yet we are still at the beginning. We need time. How many years did it take to put an end to apartheid? How many years did it take to put an end to slavery? So it will take time and continuity to progress, and we will progress. We cannot just jump and press a button as we do with TV. The new trend is that everyone is in a hurry.


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