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2004
Human Rights Award
Ceremony
of the International League for Human Rights
Speech delivered
by His Excellency
Maître Abdoulaye WADE
President of the Republic of Senegal
New York, September 2004
Excellencies Heads of State and Governments,
Excellency Mr. Secretary General of the United Nations
Ministers,
Ambassadors,
Representatives of International Organizations of the
United Nations System,
Mr. Chairman of the International League for Human Rights,
Representatives of Human Rights Orgnaizations,
Representatives of NGOs,
Ladies and Gentlemen, Dear Guests,
Ladies and Gentlemen,
Dear Students,
Dear Friends,
First of all, let me tell you that I was somewhat
surprised with a flavor of pride when I learnt that
I had been selected by the famous International League
for Human Rights to receive the "2004 Human Rights
Award".
Thus without taking any much longer, I would like,
Mr. Chairman of the International League for Human Rights,
to address you and the management of your Association
to express my deep gratitude. I am saying that also
in the name of my country, which is honored by your
choice.
Because beyond my person, this distinction goes
to all the Senegalese people who share with me, the
same culture without which, my action would not have
perhaps attracted your attention in such a particular
way.
I am sure that there will be a number of Africans
who will be happy about this, because most of them know,
like I always say, that I am more African than Senegalese.
I can guess the happiness of many Senegalese who
are here today, men and women of all conditions and
mostly young people and students who came especially
for this event.
And what about those Africans, Europeans, natives
of the Middle East, Asia, Latin America and of the Stats
of this great America, who came from very far to show
their addection and share my happiness, I am saying
thank you to all of them from the bottom of my heart.
Let me thank you all for coming in such a great
number, leaving your most important businesses to be
here to show your affection. I know that some among
you did not hesitate to cross the Atlantic Ocean, only
to share with me this moment of happiness.
This expression of friendship comforts me and reinforces
my conviction that I must always strive a little bit
more for the fundamental cause for which we are all
here today, the defense and protection of human rights
and peace.
You do not really want to hear a philosophical dissertation
or a university lecture.
One of my schoolmates had a peculiar adventure:
During an oral examination, the Professor asked
him to prepare a presentation on China. He went away
to prepare his answer. He came back after a while in
front of the teacher and talked for a long time about
Japan rather than China. The Professor was amazed and
looked at him. He had after all very well developed
his subject by the teacher said to him: "you did
not answer my question" and gave him a zero, a
failing grade.
I do not wish to experience what happened to my
friend and talk to you about something other than what
you are expecting to hear from me.
I understand that, what you are interested in, is
my experience in the areas of human rights and peace,
therefore the philosophy I believe in, the experiences
I lived, success stories and difficulties I went through.
If you selected me to talk about this subject, it
is because you know that I am heading in the right direction
in the fight for human rights and peace.
The long history of human rights
Human rights! What a long story!
Ever since the first light of freedom appeared somewhere
in England, out of the darkness of dictatorship, wars
in the antiquity, wars between nations or more generally
wars to appropriate the land, wars motivated by a spirit
of conquest or simply tribal wars for the quest of power,
there was an indication of the manifestation of freedom
and human rights against the power of the kingdom.
Even if we were to go back to the original context
of the "Magna Carta" if it is true that it
expressed only the right of the barons in 1215 before
all the powers of the kingdom, it will be nevertheless
a beam that expanded beyond the borders of England.
Four centuries later, in 1679, the "Habeas
Corpus Act" was established to guarantee the respect
of individual freedom that was, for the first time,
formally presented in the act. The protection mechanism
of public liberties was then translated into the prohibition
of arbitrary arrests and the obligation of public authorities
to bring any person who is under arrest before the judge
within three days of the arrest.
In 1787, the first American Constitution consecrated
the rights of citizens as the expression of the people's
conquest over the central authority in a Republic. This
republican constitution already drifted away from royal
absolutism by replacing it with a power resulting the
people's will. However, it was limited to the principle
of citizens rights.
Two years later, the 1789 revolution, gave human
rights a universal dimension by organizing it within
the republic of citizens, where all are equal without
any distinction of birth. This revolution was the work
of philosophers and thinkers under the light of Reason.
Thereafter the name of "Déclaration
des Droits de l'Homme et du Citoyen du 26 août
1789".
The 17 articles it contains consecrated the notion
of man, in all countries and under all skies. The attributes
of mankind are its fundamental liberties associated
with its nature based on philosophical and juridical
fundaments.
This declaration solemnly proclaimed philosophical
liberties, civil and political rights, the property,
the security and the right of resistance to oppression,
all instituted into natural and permanent human rights.
Slavery was thus abolished as an application of
the philosophy that inspired this constitution; it was
logical but yet restored later on by Napoleon for economic
considerations justified by the exploitation of slaves
working in plantations without salary.
Different French regimes were one by one implanted
in Senegal, to natives of the four communes, Dakar,
Rufisque, Saint Louis and Gorée, whose inhabitants
were declared French citizens by birth, which protected
them from the status of indigenous, which involved hard
labor imposed to "subjects", but also forcing
them to citizens' obligations that is to say, mainly
to participation in wars to defend the "mother
patria".
Based on this principle, the first Senegalese Deputies,
will be elcted from 1848 on, and during all the 19th
century, at the Palais Bourbon of Paris.
The other African territories, under French domination,
will benefit from this prerogative only starting from
1945.
But let me tell you a story that occurred, at the
time of this "shared philosophy" inherited
from the 1789 Revolution.
Prior to the abolition of slavery, the bourgeois
of Saint Louis Senegal, blacks and mulattoes, were such
accomplices of white slave owners, to the point that
in 1789, at the time of the "Etats Généraux"
they begged the king not to abolish the right to sell
slaves
as a consequence there was a liberty of
trade. As you can see, slave owners can be of all colors.
But here is what happened: A Governor General was
appointed by the King, convinced that his ideas were
"progressive", he ruled that it is mandatory
for Master to treat the slaves well. To make sure they
would do exactly that, he made compulsory that the slave
have a medical check-up every Wednesday. He would sanction
any refusal with severe fines. Unhappy about this Governor
that distributed their peace, the Bourgeois of Saint
Louis plotted against him and they kidnapped him and
took his wife one night when they were both in bed in
pajamas; they took them to a boat and disappeared to
Dakar.
In order to avoid the Saint-Louisians' revolt in
case on were to sanction the authors of the operation,
colonial authorities power limited themselves to gesticulations
only and appointed a Judge in Saint Louis. Of course
that one did not sue anyone
pretending that he
had no prosecutor.
The Bourgeois of that time, had the habit of going
to France for business or for summer vacation. That
is how, Mr. Pellegrin, a Senegalese mulatto, slave owner,
leader of the kidnapping operation, came out of a boat
tat the Port of Rouen. He was surprised to be cornered
by the Gendarmes. He was caught, arrested and thrown
in jail and had to appear before the Judge of the Paris
Criminal Court. To the big surprise of everyone, the
Court acquitted him considering that he was only exercising
his right of resistance to oppression, as stipulated
in the French constitution.
Another great step of this human right story, would
be the Universal Declaration of Human Rights proclaimed
in 1948 by the United Nations Genmeral Assembly. This
declaration, ratified by all the nations, gave a true
universal dimension to human rights. In fact, it said:
"the ultimate goal
is to establish a way
of rights so that mankind is not longer constrained
to revolt against tyranny and oppression."
It was therefore all about an ancient value, that
goes back to 1789, covered with universality, but also
novelty.
The next step was the apparition of the economic
and social rights through the declaration of the United
Nations General Assembly of, December 4, 1986 which
stipulates that "
All fundamental liberties
are indivisible and independent; the realization, the
promotion and the protection of civil, political, economical,
social and cultural rights must benefit from a general
attention and be undertaken urgently."
And here we are now in the social and economic rights.
In this respect, the New Economic Partnership for
Africa's Development, NEPAD which I am one of the initiators,
affirms the intangible principle of respect of fundamental
values of mankind, before leading to a realistic development
plan of Africa in partnership with developed countries.
The ultimate merits of the NEPAD despite slavery,
colonization and postcolonial economic domination is
to advocate a partnership dialogue in lieu of conflicting
relationship.
I think that he NEPAD is going well, since the resources
we requested from our partners have been pledged through
clear declarations of intent. The only thing that remains
now is the implementation.
I must say that the tardiness observed here, are
much attributable to our partners as to ourselves. It
is in this respect that the president of the World Bank
kindly assigned to West Africa nine experts that will
be helping the implementation and realization of important
resources promised by our partners.
Africsa has pledged to respect the normal world
standards of Democracy, namely political pluralism,
fair, transparent, free and democratic, periodic elections,
human rights, an independent justice, the eradication
of corruption, and good governance.
But I believe that the ultimate stage of the evolution
of the recognition of human rights that gave them the
historical dimension they need was the declaration by
the French National Assembly that considers "Slavery
as a crime against humanity".
Its extend must be weighted, because this declaration
means in fact, that Africans, reduced to slavery for
three centuries had fundamentally the same rights as
all the citizens of the world today, therefore the right
to human dignity.
As far as I am concerned I can say that there has
been a considerable progress in the global philosophy
of human rights and ethics, because this historical
act has completed the universality of human rights that
has now expanded into space and time.
Since you are interested in my personal experience,
let me give you some examples to illustrate my policy
in that regard:
The first objective of the constitution that was
adopted in 2001 at my suggestion, one year after I took
office was to expand the scope of the said freedoms
"Political freedoms": freedom of expression,
freedom of religion, freedom of Association, freedom
of movements etc
We added the freedom and the right
to march, giving any group that wishes to defend its
rights or simply attract attention on its faith the
possibility of going in the street for a peaceful demonstration.
The exercise of this right is unconditional and not
subject to any prior authorization but simply requires
a declaration.
Unless I am mistaken I think that the Senegalese
Constitution is the only one in the world that contains
such a provision.
Of course at the beginning, as it is the case for
every new thing, everybody wanted, everybody wanted
to march, which nearly led to anarchy and disorder,
but I think that progressively the Senegalese people
understood that it is certainly a matter of right but
it must be used wisely.
I succeed in the same way in getting the Unions,
prior to sending a warning for a strike, to wear a red
arm-band and to continue working. I got this inspiration
from the Japanese. Wearing an arm-band being a warning
to employers and the government, enabled us to immediately
start discussion and to proceed with the necessary mediations
required to avoid a strike which is by all means a permanent
an integral right included in our constitution but does
not present any lesser the inconvenience of reducing
national production.
We have included in the Constitution provisions
for the protection of children and particularly young
girls by prohibiting sexual mutilations (excision) very
often practiced in many of our African traditions. I
must say that I had a lot of doubts at the time I was
making this decision because I was expecting hostile
and violent reactions from the traditional environment.
On the contrary I was surprised that the measure was
widely accepted on the principle but it is by thorough
persuasion and a few criminal court sentences that we
succeeded in achieving a progressive re-conversion of
excision practitioners for whom this was after all the
main revenue generating activity. Now there are the
very ones campaigning against excision.
One must say that an American NGO, named TOSTAN
is helping us in the campaign against excision.
Then we addressed young girls early marriage issues.
But the great idea in this regard has been to entrust
my party's youth movements with the mission of taking
charge of this matter. We asked the boys to watch over
their young sisters and report to State Police or gendarmes
any attempt of the kind, excision plans, early marriage
plans (within 13 years old) most of the time money oriented.
The young people assured us that they have successfully
accomplished their mission but we have not yet drawn
the conclusions out of this campaign to find out whether
we finally won our bet or not.
Our constitution has established equal rights between
man and woman, in the family, maternal power being set
along with paternal power and in the work place where
salaries are the same for equally qualified man and
woman. I do not think there are in Africa many Constitutions
that contain similar provisions.
According to our Constitution, the woman in rural
area now has the right to land property, to have her
own exploitation instead of working for her husband
like the tradition always ruled it.
On the political front, I thought that the best
way to promote women's condition was to appoint women
to the highest positions in the nation. I did that.
I had for two years a lady for Prime Minister and there
are several women high-ranking positions in all areas
in my Government and not only the department "Woman's
Condition".
Women warmly congratulated me for the recently instituted
Council of the Republic, which includes all of their
trades, professors, business women, craftswoman, farmers
and more.
I must add that this philosophy of equal sexes that
I brought forward led me to propose to the African Union,
an amendment that resulted in the absolute man/woman
gender parity in what corresponds to the Government
of the African Union (The Commission). This setting
includes 5 men and 5 women; unless I am mistaken this
is the only governmental institution that operates on
the basis of an absolute parity between both sexes.
The Pan African women's Federation have decided
to honor me by choosing Dakar as the location to establish
their Headquarters.
Fighting for human rights is also fighting against
bad treatments; tortures, mutilations and other abuses
to the physical integrity of Mankind, humiliations,
any violation of these banned practices will be severely
punished by the law.
Now, I would like to get to the relations between
Human Rights and Peace in a world of solidarity.
Human Rights and Peace
If human rights have been, despite the survival
of sever violations, prohibited throughout centuries,
the concept of people's human rights seems to me, to
have been presented only in the African Charter of people's
human rights.
The title of this charter was a compromise between
the hard core liberals who wanted to limit themselves
to human rights and those who thought that the people
was above the individual, that the right of the people
was more important than the rights of the individual.
Philosophically speaking, going form the individual
freedom as an attribute of Mankind, one can get to the
notion of People's right, the people being here a sum
of individuals. But this vision of early liberalism
of the end of the 18th century is by far obsolete.
Considering that genocide is a crime against people,
ethnics, races, one already recognizes thereby people's
rights.
But before going any further, let us go back to
human rights, the rights of all men to peace.
Mankind is not perfect; furthermore he has lots
of imperfections that are very often the source of social
trouble. Envy, evilness, ambition, and violence provoke
social disorders and are all inherent to human nature
which constitutes the main sources of problems in conflict.
It does not always have a happy ending, but obviously
a great number of conflicts are resolved that way.
I think that such conflicts can only be avoided
by the culture taught in schools or inculcated to adults
by modern means of information and education.
No matter what meaning is given to the word solidarity,
the sense of solidarity should be developed in children,
which does not equate with neither sharing nor altruism.
Citizens of the same nation structured in social
classes, feel solidarity with one another, because they
make one entity when facing big events.
The notion of solidarity within one same country
is therefore very relative. We know that there are several
acceptations of the notion of solidarity.
However, solidarity between people appears more
and more like an international survival standard of
human race, while respecting cultures. Each culture
must have the courage of getting rid of backward ancestral
practices, while sublimating its positive values. And,
it is indeed these positive values that led to what
Senghor in the dialogue of cultures, called the civilization
of the universal. And this is what should be the base
for a lasting peace.
An encouraging example of international solidarity
is the digital solidarity, concept that I proposed to
the International Community on the account of the NEPAD.
The digital solidarity fund supported by Africa, Asia,
Latin America and France, by the Cities of the World
has been created and would be officially launched in
Geneva the 17th of November this year, under the hospices
of President Obasanjo, Chairman of the African Union,
the Mayors and other guests Heads of States.
The history of humanity shows that wars have been
disastrous and took a lot of human lives particularly
when, at the end, the protagonists get reconciled. This
in some sense, makes war even more absurd and leads
us to the idea that we could have prevented it through
dialogue.
That is the reason why, today in Africa, we are
putting forward conflict prevention, which is unfortunately
remains by en large a vacuum concept in so much as conflicts
are multiplying in our continent which unfortunately
ranks number one in terms of numbers of wars, followed
by Asia and the Middle East.
As far as I am concerned, I have personally carried
out several mediations between the opposition parties
and the ruling parties even when I was in the position.
Paradoxically, Heads of States, Head of ruling Parties
are the one who call on me. It is because they appreciate
my style of peaceful opposition, or because they wish
to do the same in their own countries? Since I was myself
an opponent, I was accepted right away by both parties
considering that at the time of single parties, the
opposition has no other means than having recourse to
armed struggle.
The passage of opposition from armed struggle to
national democratic opposition was difficult and is
not yet completed.
I must say that none of the mediations I carried
out failed. At most, it took time for the results to
come out. The objectives of my mediation have always
been to establish an interplay dialogue and to help
the parties themselves to elaborate a solution. But
I have always refrained from getting involved into setting
up governments.
In only one case, I was informed on an imminent
coup d'etat in Guinea Bissau, I informed my colleagues,
President Kuffuor from Ghana, President Obasanjo from
Nigeria. All three of us went immediately to Bissau
to impose the withdrawal of the militaries and have
them give up the ambition of being part of a government.
A civilian government was thus put in place. Legislative
elections just finished setting up a parliament and
presidential elections are planned during the first
quarter of 2005.
In some of the ongoing conflicts, like in Cote d'Ivoire,
sizable progress has been made, big obstacles subsist,
particularly the lack of mutual confidence among the
antagonists. President Kuffuor, Chairman of ECOWAS,
is committed to reestablishing the confidence.
I cannot say that all mediations have a positive
outcome, in the difficult case of the Darfour, President
Obasanjo, with the help of President Taboo Mbeki, President
Debby and myself to some extent, made some important
progress towards the achievement of peace.
A last meeting recently took place couple of days
ago in Abuja, in Nigeria.
As you know the African conflict mechanism for the
mediation operate more or less.
In cases these mediations fail, we will envisage
armed intervention to reestablish peace.
In the case of Darfour, I wish that the United Nations
Secretary General and the Security Council give the
African Union more time so that the negotiations undertaken
by president Obasanjo can lead to a solution. Otherwise,
we will do what will be necessary.
Sending international non-African forces to Sudan
would only complicate things for the time being, since
the Sudanese government is against this approach.
The conscience of the international community, summing
up all the human adventures, considers day that peace
is a higher value and must be sought by individuals,
States and nations.
Human rights and peace.
The universal respect of human rights undoubtedly
creates social peace grounds in
nations and peaceful relations between countries, because
very often, conflicts arise
from the non-respect of human rights, and the non-acceptation
of democracy as a rule
of the game that could mediate between contenders. Considering
that the respect of the right of all man leads to popular
sovereignty which must be respected through the notion
of willpower of the majority, pluralism of opinion,
political pluralism, must be priority leads because
there are no better ways to reconcile people than to
have standards that find their fundament in their philosophy.
Nowadays new notions have been elaborated in favor
of peace and one must give it more content: political
mediation, dialogue, arbitration and beyond all of that
peace keeping effort by the international community.
The international community has thus endowed itself
with the means to prevent conflicts from their inception
or create the conditions of dialogue that will lead
to peace.
In extreme cases, it would use military means to
impose peace to parties in conflict. That is the reason
why we must reinforce international institutions which
role is essentially to reestablish peace in the world.
Unfortunately, despite all these efforts, there
are still some unpunished severe human rights violations,
ethnical and political genocides.
Emmanuel Kant had already made a project of permanent
peace. The two world wars, during which millions of
humans perished, show the extent of the utopia.
Let's be frank with one another. The Security Council
is, afterall, a political instance where political interests
indispensable to international order mingle with economic
interests of States.
And we know that the world is made of very unequal
States.
That the reason why I would like to make a proposition:
To put in place a High Observatory for International
Human Rights and Peace including eminent personalities
who are moral references in terms of human rights and
fight for peace. This observatory would not have any
decision making power, nor sanctions, but its role would
be a moral institution, representing the ideal of humanity.
As such, it will call the attention on unpunished crimes
and genocides not prosecuted for political reasons.
That way, I think the awareness of the citizens
of humanity, supported by international human rights
organizations and NGOs could constitute a sufficient
moral force to report to the International Court, crimes
and genocides which, otherwise, will benefit from impunity.
For my part, a man's actions are the product of
a matrix that explains their relations. This matrix
is nothing more than the doctrine in as much as it is
true that individuals from different doctrines do not
treat the same questions in the same way because their
intellectual reactions and ethics are different.
Thus the doctrine is what links up the man with
the action. The doctrine itself has its fundament in
a philosophy that some people can ideology, since it
would be a matter of a higher reference system.
My philosophical conviction is that the individual
is a true value in itself and that freedom is its attribute
as seen by the revolutionaries of 1789.
In History, every one does not share this conviction,
because every political system has established a relational
system between power and individual, between groups
and the individual, between the individual and his (her)
peer.
Some people considered that the group was the primary
consideration and that the individual should be subordinated
to the group. This dangerous conception that was at
the roots of all abuses should be dismissed.
In my opinion, as expressed by the authors that
have inspired me over since like Adam Smith, the primary
value is the individual, even if though its interests
must not jeopardize those of the group, the community
and the State. The quest for power must not prevail
over individual freedom.
In our plans for peace we are considering the problem
of religion and misconceptions around it. We must work
so that the "clash between civilizations"
has no content. This is possible because all religions
preach for peace. Unfortunately wrong doers get a hold
of religions to use them for political purposes. Islam
is a religion of peace. When two people meet, the first
word that is said is "peace be upon you".
That is our prophet taught us whose tolerance is a model
for us. He would welcome and accept for followers of
other denominations to worship in his mosque.
Deviations that use religion do not belong to Islam.
It is up to us to stand against the use of our religion
for other purposes than the Holy Koran and the teachings
of the Prophet Mohamed (s.a.w).
That is the reason why I proposed a World Summit
on Islamo-Christian dialogue. I did not invent the notion,
but I am attempting to raise it to the level of World
decision-makers that have our faith in hand. This being
so I have the blessings of the Pope the support of a
number of Muslim leaders. For practical reasons the
Summit previously planned for the end of 2005 will finally
take place at the end of 2006.
It results out of these fundamental options of respect
of Human rights with the internal social balance and
the dynamic International equilibrium, that protecting
and saving mankind in the national and International
turmoil, that is the objective of the advocates of human
rights, difficult task must face, habits, interests,
inequities, but not impossible if all willing people
go hand in hand.
Thank you for your attention.
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