A/HRC/4/16
page 14
On the other hand, there is a clear and indestructible interrelationship between respect for
human rights, the effectiveness of democratic mechanisms and the functioning of the rule
of law. The nature of recognized and protected human rights, as well as the instruments
for their protection are different in different countries in accordance with the differences
between those countries’ political regimes. While one should admit that respect for human
rights might vary from one country or region to another as a result of variations in local
cultural, social and historical backgrounds, one must admit that there is a minimal set of
fundamental values having a universal character encompassing basic human rights which
must be enhanced, respected and protected everywhere in the world. The violation of these
basic universal rights is a matter of legitimate concern for the whole international
community and legitimates the intervention of the whole international community. Such
an intervention, which should take place in compliance with international law, has not only
a moral basis but also a pragmatic and political explanation, since lack of respect for
human rights generates social tensions and ultimately national and international
insecurity;
(b)
Whenever an incompatibility exists between the nature of a certain political
regime and respect for universally recognized human rights, a change in the political
behaviour of the respective regime must be recommended. The alternative would be the
acceptance of the human rights violations and of their consequences in the security field.
What must be stressed is that such a change should be foreseen and promoted only in a
transparent way, with non-violent means and preferably within a multilateral framework.
This is precisely what the Commission on Human Rights was doing by putting in place the
country mandates;
(c)
Since violations of human rights affect at the same time the real lives of
human beings and international security, it is of paramount importance for everyone not
only to assess the situation, but to act to change it for the better. To this end the mandate
of a special rapporteur has no limits, any rapporteur being obliged to look at every single
issue which might directly or indirectly touch upon the capacity to violate or, on the
contrary, to restore respect for human rights;
(d)
In the accomplishment of his mandate, the Special Rapporteur has
encountered, for the third consecutive year, an absolute refusal to cooperate on the part of
the Government of Belarus. All efforts made to engage in constructive dialogue were
fruitless. The Special Rapporteur has consistently informed the Government of Belarus of
all of his findings based on information received from different sources, requested their
official assessment, and made it clear that silence would be interpreted as a confirmation of
accuracy. The absence of any reaction implies that the Government of Belarus accepts the
facts contained in this report.
52.
The decision to establish a special procedure to monitor the situation of human
rights in Belarus, taken in accordance with United Nations rules, must be accepted and
enforced by all States Members of the United Nations. The systematic obstruction of
United Nations special procedures in the fulfilment of their mandates violates the
obligations which the Republic of Belarus has accepted as a Member State. The persistent
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