Speech by Me Jan THEUNIS

"The Right to Mobility" Speech by Me Jan THEUNIS President of the IRU Commission on Legal Affairs Brussels, 20 May 2000

Mr President

Ladies and Gentlemen

Everything moves; [the Greek philosophers already said : panta rei].

Persons, goods, services & data are continuously transported worldwide.

When the most valuable Chinese porcelain from the 17^th century was decorated in blue, this was the result of the exchange between Chinese artists and artists from the cities of our regions.

The silk route being directly responsible for this cultural cross-fertilisation.

All transport needs infrastructure.

During this 27^th world congress of the IRU we have heard conflicting opinions : from a view limited by national borders to global worldwide views.

Transport of goods and persons does not only need material infrastructure but also a legal environment that facilitates mobility.

Last Tuesday 106 lawyers from 29 countries participated in the third symposium organised by the Committee on Legal Affairs of the IRU.

We have analysed all the international conventions that have come into existence.

We came to 3 conclusions :

1. There is no doubt that all these conventions were made to facilitate mobility by harmonising the rules governing transport, circulation of vehicles, improving performance, promoting security and protection of the environment.
2.  We most regretfully had to learn that short-term political decisions serving national or regional interests are painstakingly in contradiction with a loyal interpretation and implementation of internationally negotiated and subscribed rules.

This is totally unacceptable : indeed.

This is in total conflict with one of the oldest cornerstone-rules of our societies : as Roman lawyers expressed it : "Pacta sunt servanda " : Agreements are made to be respected and executed.

Lawyers and their organisations have the task and responsibility towards the international transport community to prevent their governments to disregard their international engagements and obligations.

I want to add a personal request to all the members and future members through whose countries the silk route passes : during the congress it became clear to me that you also need to harmonise your legal systems : the international instruments thereto are available.  The world will most welcome any initiative of implementation in that field.

Finally the 3^rd conclusion of the symposium :

Mobility is a right; a fundamental right.

The declaration of human rights is not a rigid set of rules : it develops together with humanity.

We propose Mr President that at a revision of the United Nations Human Rights Charter, you with the IRU should take the initiative to have the right to mobility recognised and included as one of the universal fundamental rights of humanity.

Thank you.

[ top ]