Transcript of
the
ADDRESS TO THE
GENERAL ASSEMBLY
by Secretary
General Kofi Annan
New York, 21
September 2004
Mr. President,
Excellencies,
Ladies and
Gentlemen,
It is good to see
so many countries represented here at such a high level. I know
this reflects your understanding that, in these difficult times,
the United Nations is – as you stated four years ago in the
Millennium Declaration – “the indispensable common house of the
entire human family”.
Indeed today, more
than ever, the world needs an effective mechanism through which to
seek common solutions to common problems. That is what this
Organization was created for. Let’s not imagine that, if we fail
to make good use of it, we will find any more effective
instrument.
This time next year
you will be meeting to review progress in implementing the
Millennium Declaration. By then I hope you will be ready to take
bold decisions together on the full range of issues covered in the
Declaration, helped by the report of the High-Level Panel on
Threats, Challenges and Change, which will be available before the
end of this year.
As I said a year
ago, we have reached a fork in the road. If you, the political
leaders of the world’s nations, cannot reach agreement on the way
forward, history will take the decisions for you, and the
interests of your peoples may go by default.
Today I will not
seek to pre-judge those decisions, but to remind you of the
all-important framework in which they should be taken – namely,
the rule of law, in each country and in the world.
The vision of “a
government of laws and not of men” is almost as old as
civilisation itself. In a hallway not far from this podium is a
replica of the code of laws promulgated by Hammurabi more than
three thousand years ago, in the land we now call Iraq.
Much of Hammurabi’s
code now seems impossibly harsh. But etched into its tablets are
principles of justice that have been recognised, if seldom fully
implemented, by almost every human society since his time:
Legal protection
for the poor.
Restraints on the
strong, so they cannot oppress the weak.
Laws publicly
enacted, and known to all.
That code was a
landmark in mankind’s struggle to build an order where, instead of
might making right, right would make might. Many nations
represented in this chamber can
proudly point to founding
documents of their own that embody that simple concept. And this
Organization – your United Nations – is founded on the same
principle.
Yet today the rule of law is at
risk around the world. Again and again, we see fundamental laws
shamelessly disregarded – those that ordain respect for innocent
life, for civilians, for the vulnerable – especially children.
To mention only a few flagrant
and topical examples:
In Iraq, we see civilians
massacred in cold blood, while relief workers, journalists and
other non-combatants are taken hostage and put to death in the
most barbarous fashion. At the same time, we have seen Iraqi
prisoners disgracefully abused.
In Darfur, we see whole
populations displaced, and their homes destroyed, while rape is
used as a deliberate strategy.
In northern Uganda, we see
children mutilated, and forced to take part in acts of unspeakable
cruelty.
In Beslan, we have seen children
taken hostage and brutally massacred.
In Israel we see civilians,
including children, deliberately targeted by Palestinian suicide
bombers. And in Palestine we see homes destroyed, lands seized,
and needless civilian casualties caused by Israel’s excessive use
of force.
And all over the world we see
people being prepared for further such acts, through hate
propaganda directed against Jews, against Muslims, against anyone
who can be identified as different from one’s own group.
Excellencies,
No cause, no grievance, however
legitimate in itself, can begin to justify such acts. They put all
of us to shame. Their prevalence reflects our collective failure
to uphold the law, and to instil respect for it in our fellow men
and women. We all have a duty to do whatever we can to restore
that respect.
To do so, we must start from the
principle that no one is above the law, and no one should be
denied its protection. Every nation that proclaims the rule of law
at home must respect it abroad; and every nation that insists on
it abroad must enforce it at home.
Yes, the rule of law starts at
home. But in too many places it remains elusive. Hatred,
corruption, violence and exclusion go without redress. The
vulnerable lack effective recourse, while the powerful manipulate
laws to retain power and accumulate wealth. At times even the
necessary fight against terrorism is allowed to encroach unnecessarily
on civil liberties.
At the international level, all
states – strong and weak, big and small – need a framework of fair
rules, which each can be confident that others will obey.
Fortunately, such a framework exists. From trade to terrorism,
from the law of the sea to weapons of mass destruction, States
have created an impressive body of norms and laws. This is one of
our Organization’s proudest achievements.
And yet this framework is riddled
with gaps and weaknesses. Too often it is applied selectively, and
enforced arbitrarily. It lacks the teeth that turn a body of laws
into an effective legal system.
Where enforcement capacity does
exist, as in the Security Council, many feel it is not always used
fairly or effectively. Where rule of law is most earnestly
invoked, as in the Commission on Human Rights, those invoking it
do not always practise what they preach.
Those who seek to bestow
legitimacy must themselves embody it; and those who invoke
international law must themselves submit to it.
Just as, within a country,
respect for the law depends on the sense that all have a say in
making and implementing it, so it is in our global community. No
nation must feel excluded. All must feel that international law
belongs to them, and protects their legitimate interests.
Rule of law as a mere concept is
not enough. Laws must be put into practice, and permeate the
fabric of our lives.
It is by strengthening and
implementing disarmament treaties, including their verification
provisions, that we can best defend ourselves against the
proliferation – and potential use – of weapons of mass
destruction.
It is by applying the law that we
can deny financial resources and safe havens to terrorists – an
essential element in any strategy for defeating terrorism.
It is by reintroducing the rule
of law, and confidence in its impartial application, that we can
hope to resuscitate societies shattered by conflict.
It is the law, including Security
Council resolutions, which offers the best foundation for
resolving prolonged conflicts – in the Middle East, in Iraq, and
around the world.
And it is by rigorously upholding
international law that we can, and must, fulfill our
responsibility to protect innocent civilians from genocide, crimes
against humanity and war crimes. As I warned this Assembly five
years ago, history will judge us very harshly if we let ourselves
be deflected in this task, or think we are excused from it, by
invocations of national sovereignty.
The Security Council has just
requested that I appoint an international commission to
investigate reports of human rights violations in Darfur and
determine whether acts of genocide have been committed. I shall do
so with all speed. But let no one treat this as a respite, during
which events in that devastated region continue to take their
course. Regardless of their legal definition, things are happening
there which must shock the conscience of every human being.
The African Union has nobly taken
the lead and the responsibility in providing monitors and a
protective force in Darfur – as well as seeking a political
settlement, which alone can bring lasting security. But we all
know the present limitations of this new-born Union. We must give
it every possible support. Let no one imagine that this affair
concerns Africans only. The victims are human beings, whose human
rights must be sacred to us all. We all have a duty to do
whatever we can to rescue them, and do it now.
Excellencies,
Last month, I promised the
Security Council that I would make the Organization’s work to
strengthen the rule of law and transitional justice in conflict
and post-conflict societies a priority for the remainder of my
tenure.
By the same token, I urge you all
to do more to foster the rule of law at home and abroad. I ask all
of you here today to take advantage of the arrangements we have
made for you to sign treaties on the protection of civilians –
treaties that you yourselves have negotiated – and then, go back
home, to implement them fully and in good faith. And I implore you
to give your full support to the measures I shall bring before
you, during this session, to improve the security of United
Nations staff. Those non-combatants, who voluntarily put
themselves in harm’s way to assist their fellow men and women,
surely deserve your protection, as well as your respect.
Throughout the world,
Excellencies, the victims of violence and injustice are waiting;
waiting for us to keep our word. They notice when we use words to
mask inaction. They notice when laws that should protect them are
not applied.
I believe we can restore
and extend the rule of law throughout the world. But ultimately,
that will depend on the hold that the law has on our consciences.
This Organization was founded in the ashes of a war that brought
untold sorrow to mankind. Today we must look again into our
collective conscience, and ask ourselves whether we are doing
enough.
Excellencies,
Each generation has its part to
play in the age-long struggle to strengthen the rule of law for
all – which alone can guarantee freedom for all.
Let our generation not be
found wanting.
Thank you very much.
