Toespraak van minister Koenders bij de uitreiking van de Mensenrechtentulp 2015

Toespraak | 11-12-2015

Dames en heren,

Mesdames et messieurs, ladies and gentlemen,

Soyez les bienvenus au ministère des Affaires Étrangères du Royaume des Pays-Bas.

En l'honneur de notre lauréat d’aujourd’hui, je commencerai par quelques mots en français, avant de poursuivre en anglais.

Nous sommes aujourd’hui le 10 décembre, journée internationale des droits humains qui célèbre l’adoption formelle, en 1948, de la Déclaration universelle des droits de l’homme par l’Assemblée générale des Nations unies. Et afin de marquer cette date, les Pays-Bas ont créé un prix annuel récompensant une personne ou une organisation qui s’est montrée exceptionnellement courageuse dans la défense et la promotion des droits de l’homme dans le monde : la Tulipe des droits de l’homme.

En décernant cette Tulipe, les Pays-Bas n’honorent pas seulement le courage. Car il existe déjà de nombreux prix qui rendent hommage aux efforts des défenseurs des droits de l’homme, et aux résultats obtenus. La Tulipe est unique car elle soutient et encourage une méthode de travail :

la marque distinctive d’un vrai gagnant de la Tulipe c’est son esprit d’innovation, l’approche neuve et créative qui caractérise son action.

Aujourd’hui, j’ai le privilège de remettre la Tulipe des droits de l’homme 2015 à l’Initiative pour la résurgence du mouvement abolitionniste, l’I.R.A.-Mauritanie, qui se consacre à la lutte contre l’esclavage en Mauritanie. Je tiens à souhaiter tout particulièrement la bienvenue à M. Abidine Merzough, coordinateur européen de ce mouvement.

Modern slavery

L’esclavage.

Slavery, one of the oldest and most common human rights violations. More than 200 years ago, at the beginning of the 19th century, liberty was the exception. Despite the lofty ideals proclaimed by the American and French Revolutions, slavery was the norm: three-quarters of humanity was unfree, living in some form of bondage. Slavery wasn't alien to our society. It was part and parcel of our country's economy.

As every Dutch person knows, the Kingdom of the Netherlands is partly European and partly Caribbean. The countries of the Kingdom share a long and colourful history. Having a shared history means having shared feelings and memories, some of which are painful. And our history of slavery is the most painful memory of all. In 2001, the Dutch government expressed deep regret at the Netherlands’ past involvement in slavery, a sentiment reiterated many times over by later governments – including the one in which I serve. Slavery is a lamentable page in our history. We must never forget what happened. Slavery was and remains abhorrent. It is a sad fact that, although it has been outlawed internationally, millions of people still live in conditions of slavery worldwide. The Kingdom of the Netherlands remains fully committed to eradicating modern-day slavery.

200 years ago slavery was the norm. Not just in the Americas and Africa but also in Asia, the Middle East and large parts of Europe. Fortunately, awareness grew that accepted practices aren't necessarily acceptable practices. Awareness grew that commonplace behaviour could go against the general principles of what was then called 'natural law'. And in the wake of that growing awareness, the fight against slavery became the first global human rights campaign. It is a sad reflection of our times that we are here today to praise IRA-Mauritania as the modern-day torchbearer in this struggle.

Modern slavery has many faces: millions of men, women and children are still bought and sold into forced prostitution, domestic servitude or bonded labour on farms or in factories. Families are forced to pay off debts supposedly incurred by previous generations. And prepubescent girls are forced into sham marriages where they are held prisoner – or worse.

Europeans may think this is an alien phenomenon, something that doesn’t concern us very much anymore. But think again. In Eritrea, for example, conscription is an eighteen-month draft, mandatory for all men and unmarried women. But this time limit is blatantly disregarded and most conscripts end up spending their whole lives working for the state. They are forced to labour under very poor conditions in dangerous occupations. The prospect of never-ending enlistment is one of the main reasons so many young Eritreans seek asylum in Europe.

And Syrians and Iraqis fleeing from Daesh often do so to escape the slavery practices it encourages. Jezidi and Christian women and children and other religious minorities who refuse to convert to Islam are sold into slavery and their husbands and fathers killed or held hostage.

In the words of Zainab Hawa Bangura, the UN Secretary General’s Special Representative on Sexual Violence in Conflict: 'They have a machinery; they have a program. They have a manual on how you treat these women. They have a marriage bureau which organizes all of these 'marriages' and the sale of women. They have a price list.' Unquote.

IRA-Mauritania and its actions

I have visited Mauritania several times during the last years, when I was the Special Representative of the Secretary General of the United Nations in Mali. It is a great, beautiful, colourful and proud country. I would like to honour those who struggle against this scourge which I - unfortunately - have witnessed also in other parts of West Africa.

In Mauritania, the government has taken steps to improve the legal framework by making slavery a criminal offence. This is a positive step that deserves to be followed up by further concrete action, since the new rules have not eliminated the practice. While estimates vary widely, it is clear that in some parts of the country slavery is still part of local culture and everyday practice. In many cases, it is not even perceived as being wrong.

Adults and children from traditional slave castes are forced to work without pay as cattle herders or domestic servants.

This is where IRA-Mauritania comes in. Let me share some of the advice expressed by the jury, chaired by Margaret Sekaggya, former UN Special Rapporteur for Human Rights Defenders and a formidable human rights defender herself.

They noted that it takes courage to advocate for issues that the majority in the country does not seem to appreciate and IRA-Mauritania is doing some amazing work on a focused issue in a very little-known geographic region of the world. The jury highlighted the personal risks that the employees of IRA-Mauritania face: the leader of IRA is now in prison and others campaigning for this cause face torture and harassment.

As I mentioned at the start, the Human Rights Tulip is intended to promote innovation. In this regard I'm very impressed by IRA-Mauritania’s use of the ‘Caravane de Liberté’. They have turned this ancient symbol of slavery – the slave caravan – on its head by organising long marches through the country to explain the law on slavery to the local population, to empower people and to bring cases of slavery to justice when necessary.

The caravan events have been very effective and are appreciated by victims and human rights defenders alike.

Such events bring the issue of slavery into the public eye and draw the attention of national and international audiences.

Human rights and the fight against terrorism

By awarding the Human Rights Tulip, the Netherlands celebrates human rights defenders worldwide. Human rights defenders defy the status quo. They stand up for human dignity. They speak out for freedom of expression, freedom to engage, for the right to think and the right to be yourself. For decent work, decent pay and equal opportunities for all men and women.

These principles and other principles of human rights form the bedrock of the safe and stable societies that we live in. Yet they are under pressure. They are under continuous attack, in Europe itself and in the arc of instability surrounding Europe – in Eastern Europe, in the Middle East and in Africa. Please allow me to expand a little bit on this topic – the relationship between terrorism and human rights. As we know, terrorism is on everyone’s mind these days.

Respect for human rights is a primary objective of our policy, both within and outside the Netherlands. At the same time it is an integral element in the fight against terrorism. Terrorist attacks – and even the threat of terrorist attacks – are aimed at undermining the principles of freedom, democracy and rule of law. Groups like Daesh and AQIM hate the culture of peace, rights and justice that the international community seeks to sustain, motivating their dreadful violent acts with apocalyptic delusions.

These extremist ideas do not disappear by withdrawing passports, by placing terrorist suspects under constant surveillance. Security measures are crucial, should be prioritised, but they do not suffice. Counteracting or delegitimizing extremist ideologies is also not enough to deradicalize youngsters.

Our best weapon is the positive narrative of our free society based on justice, tolerance and human rights. A narrative that looks forward to a future that can we can build together and that doesn’t focus on a past that never existed. We need to work on inclusive societies: societies in which all groups participate. The emancipation of minorities and vulnerable groups will make us more resilient to groups promoting extremism and violence. Groups who seem hooked on apocalyptic visions, violence and rape as some sort of modern drug.

Human rights defenders stand for ideals that groups like Daesh of AQIM despise. In the fight against terrorism, human rights defenders are our allies. The awarding of the 2015 Nobel Peace Prize to the Tunisian National Dialogue Quartet amplifies this message. The people involved in the Quartet played a major role in helping Tunisia establish a pluralistic democracy after the Jasmine Revolution of 2011. The Quartet started meeting in the summer of 2013, as Tunisia was being rocked by political murders and civil unrest. By creating an alternative political process they helped prevent conflict from taking root.

Tunisia isn’t out of the woods yet. Terrorist organisations still threaten peace and stability in Tunisia. But it clearly is a beacon of hope for much of the Arab world and beyond, thanks to the resilience of the national dialogue the Quartet brought about. It underlines the importance of a free and robust civil society as a catalyst for a safe and secure society. It is worth mentioning that one of our jury members, human rights defender Amira Yahyaoui of Tunisia, could not be here today. She is in Oslo because she is a member of the delegation accepting the Nobel Peace Prize.

And correctly – I would say- she goes for highest honour!

Tunisia is a beautiful but also volatile example. Unfortunately, quite often things go wrong. The worst thing government can do, if its aim is to promote security and stability, is to marginalise groups and voices in society and sideline civil society organisations and human rights defenders. The fight against terrorism is used all too often as an argument to silence critics. Government authorities sometimes use the ‘war on terror’ as cover to obstruct the work of NGOs and human rights defenders.

We mustn’t allow this to continue. Civil society and freedom must not be offered in the rightful struggle against terrorism. Of course, we need to stop the flow of funds to terrorist organisations. Unfortunately, civil society organisations are sometimes misused as fronts for financing terrorism. Stricter rules should not have the effect of preventing civil society organisations from obtaining funds. The Netherlands advocates dialogue and international cooperation on this matter. For our part, we will continue to support human rights organisations.

In addition to the war on terror, there is a broader trend towards limiting the scope of civil society.

Many states have enacted legislation prohibiting financial support for NGOs and impeding their work by imposing advance registration requirements or even stopping it. This is happening in the former Soviet Union, in Asia and in East Africa. But the risk exists everywhere. When these rights and freedoms are under pressure, security also comes under pressure.

Freedom of assembly and association is essential in a free society. Government has a duty to make it possible for people to organise and form associations; an independent civil society plays an important role in democratic and secure societies.

These are lessons that my country wants to apply as an active member of the international coalition fighting terrorism. Strengthening the rule of law and improving the criminal justice system are essential in the fight against terrorism. We play a prominent role in this respect as the co-chair of the Global Counterterrorism Forum (GCTF), a platform of 15 Western and fifteen non-Western countries promoting good practices in the fight against terrorism, building on a shared conviction that respect for human rights is essential. The GCTF helps partner countries to assess and address human rights issues, for example by providing capacity-building activities.

The GCTF inspired the establishment of the International Institute for Justice and the Rule of Law, of which the Netherlands is a founding member. Based in Malta, the IIJ trains members of parliament, judges and prosecutors. I was especially pleased to hear that Dutch MPs attended a course in the spring training them for their role in building effective counterterrorism systems within a rule of law framework. The fact that the IIJ has trained more than 450 lawmakers, police, judges, prosecutors and other justice stakeholders in one year is a clear sign of the needs countries have and the opportunities the institute offers.

In our bilateral relations we are also working to reinforce the link between human rights and counterterrorism efforts. The Netherlands is expanding the support it has provided in the Sahel for decades. Countries in the region are joining forces to tackle security challenges together. That deserves our recognition. The Netherlands takes an integrated approach. Stability in the Sahel cannot be achieved solely by improving cooperation between military and police forces. Political and development cooperation are also essential. The people are demanding a new social contract with the state.

Public services, the rule of law, equal opportunities and equal rights for all are key. I am convinced that this kind of broad investment will ensure stability and security in the region.

Continuous support to human rights defenders

Legislation is not the only weapon used to hinder human rights defenders in their work. Intimidation, sexual violence, detention and torture are commonplace. This is why international support for human rights defenders is so important.

We offer that support in practical ways, by funding organisations that help human rights defenders protect themselves and that provide them with advocacy and communication training. Because effective communication is essential to the work of human rights defenders and to their legitimacy.

I’m pleased that in the Netherlands protecting human rights defenders is not just a matter for national authorities; more and more cities are becoming Shelter Cities, offering a temporary refuge for human rights defenders. Amsterdam is the latest city to join the initiative. We greatly value these partnerships.

We also use diplomacy to help human rights defenders, both behind the scenes and on centre stage. We choose our tactics based on effectiveness; and a critical eye is kept on what we do. That’s all to the good. The efforts we make to advance and protect human rights are very important and should be subjected to continual scrutiny. That way we can identify where improvements can be made.

We will remain steadfast in our international efforts to support human rights defenders. UN support is also essential. The abstentions and votes against the UN resolution on protecting human rights defenders in the Third Committee in New York this November were disappointing. Unfortunately, this reflects the dire circumstances in which human rights defenders operate in many countries.

Conclusion

Summing up, I feel confident in the knowledge that in the Netherlands we continue to struggle for a system to protect our citizens. Even so, not all is well. And the problems are not confined to the shady corners of our economy. Yes, in my country there are women who are victims of human trafficking and are being exploited in prostitution. In my country, there are also migrant labourers being exploited in the agriculture sector. And there are Dutch-flagged cargo ships whose Filipino crew members have not been getting a fair wage.

This shows that we have to remain vigilant. If Western governments want to preserve the human dignity of their citizens, they also have to get this right.

And that is why the Dutch government has decided to submit the new ILO protocol against forced labour to parliament for approval as soon as possible. This protocol emphasises that the government has an obligation to protect victims, provide access to compensation and prosecute perpetrators of any form of slavery.

Significantly, this protocol is also the first binding treaty that refers to the responsibility of business to respect human rights. The protocol requires governments to help companies conduct their 'due diligence', that is: help them understand, monitor and mitigate negative impacts they may have on human rights. Acknowledging both the positive and negative impacts business can have on society is in many ways the next frontier of human rights advocacy.

Let me conclude by quoting the French philosopher Simone Weil: 'L'esclavage m’a fait perdre tout à fait le sentiment d'avoir des droits',

she wrote in 1935. It is the individual echo of the more general truth expressed by the abolitionist William Lloyd Garrison in the 19th century: “Enslave the liberty of but one human being, and the liberties of the whole world are put in peril”.

The situation in the Western world today may be less stark than in the days of Weil and Garrison. But there remains work to be done in making human rights enforceable everywhere in the world, even at home. The ILO protocol is testament to the fact that even today, even in our part of the world, we have not yet done all we can do to make article 4 of the Universal Declaration of Human Rights a reality, that:

No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.

Today we are honouring I.R.A.-Mauritania for its efforts in combating slavery in Mauritania. But let’s be very straight: it is not just about Mauritania, it is not just about IRA, it is about all forms of slavery, all over the world.

Let’s not forget that - according to ILO data - well over 20 million people are victim to some form of human trafficking. Many, many more are at risk. These countless people are invisible, the girls behind the closed walls of brothels in Europe, the men who do forced labour in Asian prisons, the women in ordinary Middle Eastern households. They are concealed in the ranks of armies, like the child soldiers of Africa, hidden behind the closed borders of dictatorships like North Korea, or shielded by the closed minds of bigoted cults like ISIS or Boko Haram.

It is about them. This award makes these people visible.

And it is about us. This award asks us a question: how can we follow the example set by IRA-Mauritania?

Thank you, and again, my warmest congratulations to IRA-Mauritania.