Forum of Cities for Human Rights

Barcelona, Spain, 14 May 2009

“Responsibility of local governments towards human rights protection”

Speech by Lars O. Molin, Vice-President of the Institutional Committee

Congress of Local and Regional Authorities of the Council of Europe

Mr Chairman,

Excellencies,

Ladies and Gentlemen,

It is a great pleasure for me to address the Forum of Cities for Human Rights on the subject of responsibility of local government towards human rights protection. I am particularly pleased that this Forum is taking place in the City of Barcelona, because it is at the initiative of the Barcelona Provincial Council that the Network of Cities for Human Rights was created in order to promote the European Charter for the Safeguarding of Human Rights in the City.

I wish to express my gratitude to the organisers of this Forum for giving me an opportunity, first, to visit this beautiful city at the sea, whose history, rich in exchanges and interaction between different cultures, is reminding us of the history of our continent as a whole. And, of course, I am grateful for an opportunity to share with you some ideas which underpin today the human rights action of the Congress of Local and Regional Authorities of the Council of Europe, which I represent as Vice-President of its Institutional Committee.

The human rights dimension of the work of local and regional authorities is an important issue on the political agenda of the Congress, and I am particularly proud to say that the government of Sweden, my native country, has been very active recently in bringing it to the top of the agenda of European governments as well. Interdependence of democracy and human rights, including the local and regional level, was the central theme of the Council of Europe Forum for the Future of Democracy, organised in Stockholm and Sigtuna in June 2007; this work was pursued at the seminar on the systematic work for human rights implementation at local and regional level in October 2008, and then discussed by European Ministers at their Conference on the same subject in November 2008, both held in Stockholm. The Congress actively contributed to these events, to which I will come back later during my intervention today.

Needless to say, in our work at the Congress we welcome and take on board all innovative ideas and action at territorial level, aimed at building an environment in our cities and our regions which would support the full realisation of human rights and their protection. These ideas are coming to us from particular communities or their networks with which we maintain close cooperation – such as Cities for Human Rights. I could also mention such networks as Cities for Children, the Berlin Process for integrated youth policies in disadvantaged urban neighbourhoods, or Cities for Local Integration Policy (CLIP), which is dealing with the working and living conditions of migrants and their integration into our communities.

These municipal networks play a key role as generators of ideas, catalysts for positive change and a tool for pooling resources to advance proposals and implement measures in specific areas of community life. All of these measures, taken together, contribute to creating an urban environment which I have just mentioned – an environment allowing for the full exercise by our citizens of their rights.

The Congress of Local and Regional Authorities of the Council of Europe, on the other hand, serves as a forum for an exchange of such ideas and proposals, for sharing experiences and best practices at pan-European level, for recommending them to other communities across our continent – in other words, as a launching pad for pan-European action on human rights at local and regional level.

The Congress is indeed a representative body of more than 200,000 territorial communities in 47 European countries, and the only institution legally tasked with monitoring the development of local and regional democracy on our continent. Today, local and regional communities and their authorities are a force to be reckoned with, and the voice that the governments cannot but listen to, which is why our action on human rights is key to complementing the policies and strategies at national and European level.

After all, it is the local and regional authorities that bear the primary responsibility for implementing these policies and strategies in their communities, tailoring them to the specific situations on the ground and to the needs of their citizens, taking concrete steps for improving citizens’ daily lives. Because beyond legal texts, human rights are concrete, even if we often speak of them in abstract terms.

For example, the right to housing means building and maintaining proper places of living. The right not be discriminated against and be treated equally with other members of community means overcoming intolerance and eradicating harmful attitudes. The rights to have access to public services, to employment, to education, to health care all imply the direct involvement of local authorities. I could also add the whole set of social rights or economic rights linked to employment and work conditions, which have to be enforced at local level.

I am not even mentioning such inalienable, absolute rights as the right to life and personal integrity, which evokes the question of urban safety and security, or the right to be free from torture, which often relates to police behaviour and conditions in places of detention or places of restricted freedom.

It is only natural that urban dwellers look up to city authorities for answers to these issues, for action to provide them with an environment where they can live, work and create freely. Throughout history, cities have been looked upon, and sought, as places of protection, as fortresses which were hiding, behind their walls, its residents and villagers from nearby settlements from foreign invasions or feudal wars. Today, we must uphold this significance of cities not only as engines for development, but also as sanctuaries where people can feel protected and empowered.

It is in this spirit that we adopted, at the Congress’ plenary session in May last year, the European Urban Charter II: Manifesto for a new urbanity. The Manifesto offers a new vision and model of urban living and governance, laying down principles for building and managing an urban environment adapted to the modern needs of communities and covering the various aspects of urban life. These can include ecology, biodiversity, urban planning and development, sustainable consumption, public spaces, access to economy, culture, education and health care, to name but a few.

The new Charter calls for building towns and cities in a way which would make them citizen-oriented, cohesive, sustainable and modern, cities that would be driven by innovation, scientific knowledge and cultural development. Most importantly, it urges territorial authorities to place people, with all their multiple identities and cultures, at the heart of public action in urban planning and development, paying particular attention to the needs of the most vulnerable. We strongly hope that this new Charter will inspire local authorities in Europe and beyond as a guide towards, as its title says, a new urbanity.

Ladies and Gentlemen,

When the signatories of the Universal Declaration of Human Rights launched their appeal in 1948, it was not only a reminder of the universal value which we bear by the mere fact of birth – it was a call for an action plan to translate this idealistic and philosophical vision into an environment where these rights can actually be realised and enjoyed.  

This requires specific and systematic work, the work of not only codifying human rights and freedoms in conventions and treaties but also of implementing them in our daily life, the work which must begin at local level. That is our big challenge!

As competences of local authorities enlarge, so do their responsibilities in terms of human rights protection and advancement. The exercise by citizens of their rights begins and is felt most in our communities, which is why we say that local authorities are the first line of defence of human rights but also the launching pad for their realisation. All human beings are bearers of human rights regardless of their legal status as non-citizens, refugees, migrants or foreign residents, regardless of whether they are women, children, elderly or disabled, regardless of their religion, ethnic background, political views or sexual orientation. In the eyes of local authorities, they are – they must be, in any case – equal members of the community.

This is why the realisation of human rights at local level is best achieved through integration and inclusion. Local and regional authorities have a special role to play in this process, in overcoming the existing obstacles for integration and inclusion in society which are much too often rooted in prejudice, stereotypes and discriminatory attitudes in communities and even in administrative practice. We have to find adequate responses to these challenges by implementing measures, within our local action plans and inclusion policies, to make sure that all our citizens enjoy equal opportunities in our cities.

To advance towards this goal, we in the Congress have oriented the overall axis of our human rights action at creating an equal and sustainable environment in our communities, geared towards guaranteeing equal access to public services and to social rights such as housing, education and health care, ensuring non-discrimination, gender equality, protection of minorities and equal opportunities, and fostering integration and cohesion. This would mean an environment which integrates political, economic, social, ecological and cultural aspects of every-day life of our citizens, an environment in which they can exercise and realise their rights freely and to the full.

We in the Congress strongly believe that the way towards such an environment is through improving governance, increasing citizens’ participation at local and regional level and ensuring integration and inclusion in our communities. Territorial authorities are key actors in these domains.

On the one hand, raising the quality of governance and public services is interdependent on awakening people’s interest in local democracy, motivating them and involving them more in the democratic decision-making, which is key to making them feel empowered and thus committed to the affairs of their communities. Citizens’ involvement is essential for ensuring good governance, because public control is a prerequisite for greater transparency and accountability in governing processes.

In this regard, the use of new technologies in democratic processes opens a whole new range of opportunities for local and regional authorities. E-democracy is a tool not only to increase citizens’ participation, but to go beyond the consultation process in creating a “citizen culture” of informed involvement and virtual presence in the decision-making.

On the other hand, overcoming the existing obstacles for integration and inclusion is crucial for building cohesive communities. Implementing polices for equal opportunities, making inclusion a priority in local action plans and promoting intercultural and interreligious dialogue at local and regional level are major factors in achieving this objective.

Let me now come back to the three specific events which I have mentioned at the outset of my speech.

The Council of Europe Forum for the Future of Democracy, held in Sigtuna, Sweden, in June 2007, affirmed that democracy and human rights are interdependent and the development of local democracy as the cornerstone of democracy itself, must be considered both as a tool and a core objective of all countries in their efforts to improve the implementation of human rights in our societies. To strengthen human rights in Europe, local and regional authorities could play a more important role within their countries, engaging in action plans for human rights and elaborating indicators to monitor their implementation.

The importance of local action plans was raised again during the follow-up seminar on the systematic work for human rights implementation at local and regional level, in October 2008 in Stockholm. It was stressed that one important and practical means of targeting our action and combining measures to promote human rights at local level was through local action plans comprising packages of such measures, activities and specific projects in a given area. Taken together, these action plans can form a political action programme for fostering human rights in a given municipality or region.

This is, of course, only one way of meeting the challenges faced by territorial authorities, but it is a way of putting human rights activities on a systematic and regular footing on the basis, for instance, of an annual timetable or one lasting for a whole term of office.

Implementing such action plans and measures to promote human rights, which must consist both of protective measures and of measures to secure those rights for citizens, is a key part of participatory democracy at grassroots level. But it is also a major challenge for local and regional elected representatives because this is a political commitment which must be backed up by the necessary legal skills, financial resources and co-ordination with other stakeholders, and this entails the involvement of all tiers of governance and their concerted efforts.

Among limitations faced by local authorities in carrying out their work in favour of human rights I would list, first and foremost, limitations on their legal competences and the scope of their application. The legal framework for the distribution of responsibilities between national, regional and local authorities is specific in every country, but this is where boundaries are established on what local elected representatives can do.

These legal limitations go hand in hand with the adequacy or not of financial means and possibilities with which local authorities are endowed and which should correspond, ideally and as required by the European Charter of Local Self-Government, to the competences transferred to the local level. Adequate financial and human resources are essential for the implementation of specific measures, initiatives and projects, which is why – I should stress in this context – political and financial support from national governments is crucial for the success of our human rights action in communities, much as is coordination and concentration of our efforts with all other stakeholders involved in human rights issues – private sector and civil society across the board, and the regional, national and international level on the bottom-to-top ladder.

Last but not least, I would also underline the importance of professional qualifications of elected representatives and their staff, which should match today’s human rights requirements – including the knowledge of legal frameworks – and responsibilities allocated to the local level. This highlights the need for effective human rights training.

 

The participants of the seminar in Stockholm adopted the Final Declaration, which served as a Congress contribution to the Council of Europe Conference of Ministers, also held in Stockholm in November 2008. This Declaration places particular emphasis on the need for a systematic approach to our work because human rights protection mechanisms which are tied together into a system – like the European system, centring on the European Court of Human Rights – cannot be made to last unless they are fuelled by constant activity, which in itself becomes part of the system.

Today, this system is based on our deeply-held conviction that effective democracy and good governance at all levels are essential for creating sustainable societies where people can enjoy a good quality of life and effective participation. All tiers of governance be united in the work of eradicating all forms of intolerance and discrimination and to build cohesive societies based on respect for human rights.

The Declaration, transmitted to the Ministers, called on national governments in particular:

To make local and regional authorities aware of their responsibilities regarding human rights’ implementation and also aware of the possibilities which rights-based governance offers.

To actively involve civil society in human rights planning and implementation at all levels.

To encourage local and regional authorities to promote the respect for human rights through awareness-raising campaigns and through local and regional action plans.

To ensure that local and regional authorities guarantee equal access to public services for all without discrimination towards any individual, and the preservation of their social rights.

To make sure that local and regional authorities act in full compliance with fundamental rights, in particular in the area of data protection.

To promote and support the establishment and development of good methods of implementation, such as independent ombudsmen or human rights co-ordinators, at local and regional level.

To ensure that, in the implementation of the European Strategy on Innovation and Good Governance at local level, adopted by the Council of Europe, the inherent human rights dimension is effectively taken into account.

To create appropriate structures or procedures to facilitate effective monitoring and remedy of cases where fundamental rights are not fully respected in the delivery of local public services.

To foster respect for human rights through systematic training of local authorities elected representatives and staff, as well as of independent monitoring bodies, to make them aware of their responsibilities regarding compliance with human rights.

Ladies and Gentlemen,

At its meeting in Strasbourg tomorrow, the Institutional Committee of the Congress will begin preparing a comprehensive report on the role of local and regional authorities in the implementation of human rights. This report will integrate the results of our work done so far, including the results of the three events organised in Sweden, and will offer an analysis focusing on three aspects of implementing the rights: the balance of ensuring fundamental rights and honouring local self-governance, the variety of rights, and the challenge to find good methods for implementation.

In honouring local self-governance, it is important for governments to recognise that the national level is not the only deliverer of human rights, and that local and regional authorities must have the independence and autonomy to make decisions in response to the needs of their communities, within the law but free from undue control from the centre. In fact, this independence, guaranteed by the European Charter of Local Self-Government, stems from the fact that local self-government is a fundamental political right in itself, which must also be recognised and protected at the national level.

Second, we need to identify which rights we are talking about. Some rights are more fundamental than others, applicable to all individuals regardless of nationality, while some should by necessity be treated as based in their economic and cultural environment (like “newer” socio-economic rights). Local and regional authorities have varying degrees of responsibility depending on which rights and which areas affecting their citizens they are dealing with: whether they are dealing with refugees, racial discrimination or sexual intolerance; the right to the opportunity to work and to obtain employment free from prejudice and discrimination; the right to a decent home without undue restrictions; the right for children to be educated; the right to a good health care; or  the right of different nationalities and religions within our communities to be given the same opportunities as indigenous citizens as well as the tools to enable them to take up those rights.

Then, there is an issue of the welfare part of the local and regional responsibility. In a civilized society, social welfare places a significant role in recognizing the support required to disadvantaged groups such as disabled, ethnic minorities, sexually discriminated persons, young children and older people. Local and regional authorities have direct responsibilities in these areas and in particular in enabling members of these groups to become full participatory and respected members of society.  

Finally, the report will address the question of methods for human rights implementation, including the needs of awareness-raising, pro-active approach, exchanges of experience and human rights mainstreaming. The report should be finished by the end of the year and then debated by the Congress at its plenary session.

Ladies and Gentlemen,

In my intervention today, I touched upon some of the aspects of the human rights implementation at local and regional level, which shows the complexity of this vast space which the human rights dimension. Action by such networks as Cities for Human Rights represents a valuable contribution in our joint efforts to make sure that cities become indeed sanctuaries for our citizens. I can only wish you every success in your endeavour of disseminating and implementing the European Charter for the Safeguarding of Human Rights in the City, which is another important tool in our work.

I would like to conclude by quoting philosopher Karl Popper, who once said: “Democracy is the word for something that does not exist”. He chose these words deliberately, of course, to stress the challenge facing us. Let us prove him wrong. Let us make a Europe of Democracy and Human Rights a reality where the national and even supranational achievements in human rights protection are combined with a vigorous local action in our communities. Let us make sure that democracy is the word for something that does exist.

Thank you.