A/HRC/21/45
with governments and agencies. As former Director of the United Nations Division on
Human Rights Theo van Boven has emphasized: ―People Matter‖.
VI. Moving forward
63.
A preliminary report can hardly advance conclusions or formulate
recommendations. These are but working hypotheses that must still be tested in the
course of the coming years. The Independent Expert looks forward to receiving and
analysing feedback from stakeholders, think tanks and universities. He recognizes
that in order to advance in the realization of an international order that is more
democratic and more equitable, a change of currently prevailing ways of thinking and
behaviour is necessary. Positivism must be tempered by anthropological, social and
cultural considerations. Building a culture of equity requires recognition that we all
have the same human dignity and rights, i.e., that privileges must be phased out.
Although equity is common sense, based on a conviction that we all share an
aspiration to happiness, education is necessary to unlearn privilege, unlearn exclusion,
unlearn discrimination, unlearn prejudice, unlearn war. This is possible, as the work
of UNESCO demonstrates. A new human rights paradigm should replace the artificial
division of human rights into rights of the first, second and third generations, with its
inherent value judgment, which is both obsolete and misleading. A new paradigm of
rights could be envisioned: enabling rights (peace, food, homeland, development),
immanent rights (equality, due process) and end rights (identity, the right to achieve
one’s potential).
64.
With regard to an international order that should be more democratic, the
Independent Expert is aware of the frequent disconnect between people and
government, and the dysfunctions prevalent in many countries, both in government
and within civil society itself. States and civil societies are invited to review the degree
of correlation between the will of the people and the policies actually implemented. A
responsible citizenry should enjoy the opportunity to peacefully articulate approval or
disapproval of government policies, without intimidation or fear. Independent
national human rights institutions, or other non-governmental agencies, could
undertake the task of measuring the level of correlation through periodic polling and
make corrective recommendations to parliaments. On the global scale, an appropriate
organization or agency could take the temperature of world public opinion.
Supplementing the General Assembly, which is composed of government
representatives, other mechanisms could be devised to allow civil society in all
countries to articulate their views, which in some cases may differ from those
expressed in the General Assembly by government representatives. Moreover, the
feasibility of global public opinion polling, possibly through the Internet or an
aggregate societal platform, on issues such as peace, the environment and the common
heritage of mankind should be explored. Such opinion polls would not have binding
force, but would facilitate a better overview of popular will in all regions of the world.
65.
With regard to a more equitable international order, the economic dynamics
that make the rich richer and the poor poorer must be changed. This may entail,
among other things, the cancelling of the debts of many developing countries. The
Bretton Woods institutions have a crucial responsibility in this respect.
66.
Bearing in mind that “the market” is not an invention of capitalism but that it
has existed for thousands of years in many different societies, social justice logically
requires that the profits resulting from the operation of markets and infrastructures
created by society be equitably shared within societies and, in a larger context, within
the human family. In order to achieve equity, other measures of affirmative action
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