Statement by Mr Erdogan Iscan, Ambassador of Turkey to Ukraine
Week of Tolerance in Ukraine
Institute of International Relations
Kyiv, 23 November 2007

It is a distinct privilege to be able to address the students of the Institute of International Relations. Undoubtedly, you will be the administrators, managers or diplomats who will be running not only this wonderful country, Ukraine, but also our world in the near future.

General Framework

Our world is undergoing a rapid change. It is marked by globalisation of the economy, increasing mobility, communication, interdependence, large-scale migrations and displacement of populations. Globalisation on the one hand is opening up new opportunities. But, it is also causing insecurity. Non-conventional and asymmetrical threats are menacing human life, and even our civilisation.

In this general environment, we are also witnessing increasingly violent manifestations of intolerance and discrimination against vulnerable groups. Since every part of the world is characterised by diversity, escalating intolerence potentially menaces every region. In this sense, it is a global threat, which requires international solidarity.

In today’s world, democracy is the basic pillar of achieving sustainable peace, security and stability. The strengthening of democracy relies, first and foremost, on the common understanding and effective implementation of human rights. The principles of tolerance and non-discrimination lie at the centre of the human rights system. Thus, tolerance and non-discrimination become the sound foundation of civilisation and peace. In other words, without tolerance, there is no democracy and, without democracy, there is no peace. Disregard for tolerance and non-discrimination leads to the dismantling of peaceful, secure and stable societies and harms inter-state relations.

This correlation had already been inserted in the Preamble of the Charter of the United Nations. Tolerance is defined as one of the principles to be applied to attain the goals pursued by the United Nations; preventing war and maintaining peace.

Later, on 16 November 1995, the Member States of UNESCO adopted a Declaration of Principles on Tolerance and declared 16 November as the International Day for Tolerance.

The history of human rights is old. You can find in many textbooks the long history of  the evolution of the human rights system. Nevertheless, I will restrict my presentation to the period following the Second World War.

The principal normative basis of the human rights has been established under the United Nations system. The Universal Declaration of Human Rights, adopted and proclaimed on 10 December 1948, remains to be the foundation of the pursuant instruments in this field. It was followed by the adoption of seven basic international human rights instruments:

Ø     International Covenant on Economic, Social and Cultural Rights (CESCR)

Ø     International Covenant on Civil and Political Rights (CCPR)

Ø     International Convention on the Elimination of All Forms of Racial Discrimination (CERD)

Ø     Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)

Ø     Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)

Ø     Convention on the Rights of the Child (CRC)

Ø     International Convention on the Protection of the Rights of All Migrant Workers and Members of Theair Families (MWC)

These conventions have treaty bodies which monitor the compliance by the states parties through a system of periodic reporting. In respect of our topic today, I believe particular attention should be given to CERD and its monitoring body, the Committee on the Elimination of Racial Discrimination.

There are also the non-convention mechanisms providing the member countries with recommendations aimed at eliminating the deficiencies and improving the observance of fundamental rights and freedoms.

Alongside the United Nations, we have also witnessed the establishment of  regional organisations, particularly in the European region.

The Council of Europe was founded in 1949 as a European organisation for intergovernmntal and parliamentary cooperation. The central motive for its creation was the need to secure democracy in the light of recent and current totalitarianism and prevent the recurrence of the gross violations of human rights. Its statutory principles are pluralist democracy and respect for human rights and the rule of law. It comprises the Committee of Ministers (CM) (the executive body), the Parliamentary Assembly (PACE) (the legislative body) and the European Court of Human Rights (ECtHR) (the judicial body).

The core instrument of the Council of Europe is the European Convention on Human Rights (ECHR) and its 14 additional protocols which have expanded the scope of the human rights system in the course of time. Particularly, the Protocol No. 12 pertains to the prohibition of discrimination. The compliance by the member states of the Council of Europe with the Convention and its additional protocols is monitored by the European Court of Human Rights. It proceeds upon applications lodged by individuals against the states. The execution of the judgments of the Court by the states is enforced by the Committee of Ministers.

Another Council of Europe body in this regard is the European Commission against Racism and Intolerance (ECRI). Its country reports contain significant recommendations aimed at eliminating discrepancies in respect of compliance with the international legal norms. The Comittee of Ministers as well as the Parliamentary Assembly have their own monitoring mechanisms as well.

The Organisation of the Security and Cooperation in Europe (OSCE) was launched as an intergovernmental conference in the mid-1970s (CSCE). It brings together 56 countries in the Euro-Atlantic-Asian area. It is the largest regional international organisation. The OSCE’s comprehensive approach to security includes “human security” as an important component. Common values of the OSCE are based on a firm commitment to human rights and on the recognition of the inherent dignity of all human beings. In that respect, human rights and fundamental freedoms are recognised as essential safeguards of tolerance and non-discrimination, which are indispensable elements of security and stability.

Another principal regional organisation within the European geography is the European Union (EU). It is a ‘unity in diversity’ project based on ‘common values’. For the countries aspiring to be integrated into the European Union, the prospect of the EU enlargement has constituted an important incentive towards consolidating the observance of human rights, thus, leading to substantive upgrading of the human rights system. The Charter of Fundamental Rights of the European Union has taken its place among the major instruments as regards fundamental rights and freedoms.

Turkey

It has been established by historians that the culture of tolerance had been an outstanding feature of policies pursued during the Ottoman Empire. It had chosen to respect and preserve diversities in the lands under the Ottoman rule. The reforms initiated in the first half of the 19th century had aimed at aligning with the European standards. The Republic of Turkey, founded 84 years ago in 1923, has followed a similar path. It has been a member of the United Nations from the outset. It is a founding member of the Council of Europe. It has been a participating country of the OSCE. Finally, at present it is a candidate country of the European Union negotiating for accession.

For long years, Turkey’s progress towards reforming the society in line with the international standards had been held back partly by different political priorities. But, more importantly, the need to fight the vicious terrorism had prevented Turkey to catch up with the modern norms. Nevertheless, the relative success in the fight against terrorism towards the end of 1990s, coupled with the growing political will as well as the encouraging step by the European Union to grant Turkey the candidate status in 1999, enabled Turkey to realise enormous reforms since the beginning of this millenium.

European vocation has been and will be a constant factor in Turkish foreign policy. Europe is seen as a system of common principles and ideals. Turkey now has the political will to address the shortcomings and correct them. As a matter of the fact, the government has been committed to adhering to these principles, not only because of its obligations as a member of the international organisations, including the Council of Europe, or in order to become a member to the European Union, but to meet the demands of the Turkish public.

Now, Turkey pursues the following steps:
Ø     It actively participates in the efforts to consolidate the international norms with respect to human rights and fundamental freedoms, an important component of which is tolerance and non-discrimination.
Ø     It becomes party to international instruments.
Ø     It aligns its legislation with its international obligations.
Ø     It undertakes comprehensive training programmes for the public administration and the judiciary to ensure effective implementation.
Ø     It encourages the development of  civil society and increasingly involves them in the political processes.
Ø     It cooperates with the international mechanisms:
o      It submits its periodic reports to the UN treaty bodies.
o      It has extended open invitation to and cooperates with the UN non-convention mechanisms.
o      It also maintains efficient cooperation with the monitoring mechanisms of all international organisations.
o      It executes the judgments of the European Court of Human Rights both in terms of individual and general measures. Thus, the legislation and the implementation are permanently reviewed and reformed.
o      The topic of human rights has been inserted as a principal item in the curricula under the education system.

Conclusions

In the recent history, the process of European unification has been one of the most important changes in the international community, particularly in the Euro-Atlantic area. It has been characterised by concurrent deepening and widening. National boundaries have gradually faded, along with national sovereignty. At the same time, democracy and the rule of law have gained unprecedented role.

In this process, the responsibility of the state to ensure equal enjoyment of all human rights has become crucial. The state is under the obligation to introduce special measures to end discrimination.

The political will has to be strong with a view to constantly upgrading the legislation as well as ensuring effective implementation. It should also be coupled with determined action incompliance with the international norms, set by the legal instruments as well as the reports of the convention and non-convention mechanisms.

We need strong civil society, unquestionably the unavoidable pillar of democratic life, to participate in this process and monitor developments.

The media is another invaluable tool for the preservation of democratic values.

There is no secret weapon or magic stick to make intolerance, discrimination, racism and xenophobia disappear. The tools are at our disposal are the same as ever; sanctions, education, and above all, political will.

Before concluding, allow me to quote the former Secretary General of the United Nations Mr Kofi Annan, who said, and I quote, “we must unlearn intolerance”. In other words, if we translate it into today’s computer language, “delete intolerance, discrimination, racism and xenophobia”. We have the tools. We only need strong political will coupled with determined action.