Posts Tagged ‘Commission on Human Rights’

Putting the ‘record straight’ on the UN Human Rights Council

June 19, 2017

Earlier this month I referred to a speech by Ms Haley about the USA considering withdrawing from the UN Human Rights Council [https://humanrightsdefenders.blog/2017/06/07/us-ambassador-nikki-haley-on-what-has-to-change-in-the-un-human-rights-council/]. A lot has been written about this but a good, concise piece was in the Economist of 3 June 2017. In particular getting the ‘facts’ right about the relative improvements in recent years:

..Yet the council is a lot better than the commission was, and is still improving. The most important difference is the system of “universal periodic reviews” that all members of the UN are subjected to, at a rate of about 40 a year. The number of special rapporteurs, most of them truly independent, has risen, too. Since 2011 there have been investigations into human-rights abuses in Burundi, the Central African Republic, Eritrea, Iraq, Ivory Coast, Libya and North Korea, as well as Gaza. The council has steadfastly monitored the horrors in Syria and played a helpful role in Myanmar, Colombia and (after a poor start) Sri Lanka.

The disproportionate focus on Israel is lessening. From 2010 to 2016 only one special session was held on Israel/Palestine, down from six in the previous four years, says the council’s spokesman. The share of time spent on Item 7 has halved, to 8%.

The quality of members may improve, too, as regional groups are a bit less willing to shield their own. Last year Russia lost its seat, receiving 32 votes fewer than Hungary, and two fewer than Croatia. In the past few years Belarus, Iran, Sri Lanka, Sudan and Syria have failed to be elected or have withdrawn their candidacies. None of the nine worst human-rights offenders, as ranked by Freedom House, a Washington-based NGO, (Syria, Eritrea, North Korea, Uzbekistan, South Sudan, Turkmenistan, Somalia, Sudan and Equatorial Guinea) has ever been elected to the council. In a telling moment in 2014, a forcefully critical resolution on Sri Lanka was passed.

Things started to change in 2010, says Marc Limon, a British former official in the council, who now heads the Universal Rights Group, a Geneva-based think-tank, when a clutch of independent-minded countries, including Mauritius, Mexico and Morocco, began to vote more freely, often for American-backed resolutions. Before then, members of the 57-strong Organisation of Islamic Co-operation (OIC) and the African Group (whose members often overlapped and later reconfigured as the Like-Minded Group) “virtually controlled the council”, he says. Anti-Westerners have recently been defeated or forced to compromise on several issues. A resolution to exempt blasphemy from free-speech protections was fended off against the wishes of the Like-Minded. The same group failed to block a resolution to appoint an independent expert to investigate discrimination against gay and transgender people.

American diplomacy under Barack Obama was a big reason for the shift….

Source: The UN Human Rights Council will be weaker if America leaves

Louis Joinet (“Luis le Juste”) finally and rightly honored in France

March 26, 2014

It is with great pleasure that I am able to announce that a great human rights defender from France, Louis Joinet, is honored with a colloque on the topic “Is sovereignty still the basis of international law?”. It coincides with the publication of his book: “Mes raisons d’Etat” [‘My reasons of state’ or better ‘How I saw the national interest].

Had he been fluent in English (he picked it up too late in life) he would have been probably one of the most famous human rights experts in the world. His nicknames range from “Louis le Juste” to “the Obstinate”. He played a major role within the French state apparatus as from the 1960s. One of the founders of the ‘Syndicat de la magistrature‘ in 1968 (sometimes called the ‘red judges’), he became the first director of the National Commission on Informatics and Freedoms [Commission nationale de l’informatique et des libertés]. He served five different Prime Ministers during the 1980s as advisor. It was during those days that I met him regularly to set up and run a number of Committees dealing with the military regimes in the Southern Cone of Latin America (e.g. SIJAU, SIJADEP). We travelled often to the region and on many occasions I saw returned refugees come up to Louis to embrace and thank him for the support he gave them in exile.

In the meantime during 33 years he was an expert in various UN bodies, travelling all over the world. Most pronounced was his leading role in the Sub-commission for Human Rights and the Protection of Minorities (now renamed and relegated to a research role for the new Council), where he spearheaded a great many and daring innovations, concerning many  issue including disappearances, torture, international crimes and amnesty. His popularity with (certain) States suffered, but most NGOs considered him to be a hero.

Together with his late and much-beloved wife Germaine he had a less-known but rewarding social life that includes assisting young street criminals and a passion for circus and street theater. His musical talent is illustrated in the picture below from my private collection, where he is seen playing the accordion with Argentinian Leandro Despouy watching (August 1988).

1988 Aug Subcommission party in Prevessin Louis Joinet Leandro

 

 

 

 

 

 

 

The colloque in Louis honor is taking place on 27  Mars  2014, 18h30, at  Université  Panthéon-‐Assas, Centre  Panthéon,  Salle  des  Conseils, in the series of lectures under Professor Olivier de Frouville.

The book “Mes raisons d’Etat. Mémoires d’un épris de justice” is published by La Découverte: http://www.editionsladecouverte.fr/catalogue/index-Mes_raisons_d_etat-9782707178459.html

 

Who can speak for NGOs in the UN? A precedent set in 1982

March 21, 2014

Yesterday, 20 March 2014, there was a fierce debate in the UN Council of Human Rights where the issue of the right of NGOs to speak came up, more precisely whether accredited NGOs had the right to let speakers mention other NGOs who do not have such accreditation. In this case it was China taking exemption to the FIDH letting its member NGOs (including a pro Tibetan group) take the floor in its name. For more context see my post of yesterday: https://thoolen.wordpress.com/2014/03/20/china-in-the-un-human-rights-council-manages-to-silence-cao-shunli-as-well-as-ngos/.

The Chair and Secretariat rightly spoke of a standing practice in this regards. One such precedent is 30 years old and probably lost to most observers, so I give here my own recollection of this story in the hope that someone with access to the UN files or a better memory can confirm or correct the details.

It is 1982 and the Working group on Disappearances (created in 1980 after a long struggle and with the active support from the then Director Theo van Boven)) is reporting to the Commission on Human Rights (the predecessor of the Council). The International Commission of Jurists (ICJ), of which I was the Executive Secretary at the time, has lined up to speak. Read the rest of this entry »

The UN Human Rights Council compares well to its predecessor the Commission, say Geneva academic

March 14, 2013

In a lengthy interview with ‘Geneva International Cooperation’ published on 13 March 2013, Andrew Clapham, the widely respected Director of the Geneva Academy of International Law and Human Rights, argues that the Human Rights Council of the UN, which replaced the Commission on Human Rights (of which, in 2005, Kofi Annan said that its “declining credibility has cast a shadow on the reputation of the United Nations system as a whole”) has in the end made important improvements. The interview is certainly worth reading in its totality but for the hard-pressed here are some quotes:

Q: Do you think the Human Rights Council has been effective in restoring the damage caused by its predecessor to the reputation of the UN?  Yes. The credibility of the Human Rights Council is now much higher than that of the Commission on Human Rights in 2005. One of the major criticisms of the former Commission was the ability for states to use political pressure to focus attention on individual states. Under the four year Universal Periodic Review (UPR) cycle, it is possible to read reports about the United States, China, Russia, Haiti, Iraq and Libya, and not just the states that are out of favour at any given time. One of the crucial differences is the fact that the Human Rights Council now considers the situations in powerful states. The ability of the Human Rights Council to establish Commissions of Inquiry is another important and unexpected development. These Commissions are now highly regarded references and sources of information.

Q: Can you give some examples of concrete achievements that have resulted from the creation of the Human Rights Council? Read the rest of this entry »