Posts Tagged ‘international human rights’

Facebook’s ‘supreme court’ is not a court

April 21, 2022
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Abe Chauhan (a BCL candidate at the University of Oxford) wrote an interesting opinion about Facebook’s Oversight Board.

The Oversight Board is an independent institution created by Meta which reviews – in light of human rights law – the decisions of its platforms, Facebook and Instagram, on whether posts violate their policies and should be removed. The Board represents a novel, decentralised approach to protecting freedom of expression and other rights, calling into question whether private entities should perform judicial human rights functions.See also: https://humanrightsdefenders.blog/2021/03/17/facebook-launches-a-human-rights-policy-and-fund-aimed-for-human-rights-defenders/

Following calls for more robust, transparent and accountable regulation of Facebook, and after a year of consultations, interviews and research, in October 2020 the Facebook (now Meta) Oversight Board became operational. It is an independent institution, funded indirectly by Meta through a $130 million trust arrangement, which makes binding determinations on content decisions appealed by users. Board members include law professors, human rights practitioners and civil society actors from around the world. Under Article 2, Section 2 of the Board’s Charter, it applies Meta’s Community Standards “in light of human rights norms protecting free expression”. At the time of writing, the Board has released 23 decisions on posts concerning various issues ranging from unmarked graves at former residential schools in Canada to the promotion of ayahuasca. The most widely publicised of these concerned an appeal against Facebook’s decision to block then-President Donald Trump from the platform following his posts in relation to the attack on the US Capitol. The Board decided to uphold the decision, but criticised Facebook’s use of the penalty of indefinite suspension, requiring it to determine a proportionate response. In that case, the Board engaged in extensive discussion on freedom of expression under the ICCPR, deriving a requirement for proportionate limitation from international jurisprudence and developing a number of factors influencing how this assessment should operate.

What, then, is the legal character of the Board? Although it applies human rights law in representative appeals from around the world, like an international human rights court, the Board is a private body and its determinations cannot preclude individual petitions. In this light, the Board is just an additional stage to Meta’s internal review procedure. What cannot be understated, however, is the reach of the Board’s decisions – it makes binding determinations on content decisions about the posts of Facebook’s 3 billion and Instagram’s 1.5 billion active users. Not only are its decisions wide-reaching, but they may have norm-shaping effect as a subsidiary means for interpreting human rights law. Many of the Board’s members are highly qualified human rights scholars and the unanimous decision-making system it applies increases the normative weight of decisions. While in a formal sense the Board is little more than an arbitral tribunal binding only Meta, its decisions have material effects on the rights enjoyment of many individuals around the world. This suggests that rather than merely an internal review procedure, the Board is a private human rights court. Viewed in this light, the Board fills a gap. The effectiveness of the human rights regime depends on the ability of States to protect rights. However, it is large multinational social media corporations which have factual control over many forums of expression. States can only indirectly regulate these, with potentially limited actual impact on the enjoyment of freedom of expression by users. The Board fills this ability gap by implementing rights adjudication internally within Meta.

Some might welcome this novel approach as it signals the greater horizontalisation of human rights. However, while it may be correct that these organisations ought to bear obligations to respect, protect and promote human rights violations, the role the Board is playing goes much further than this. In making final determinations on human rights limitations by Meta, it subsumes – de facto rather than de jure – part of the exclusively State function of human rights adjudication. This is problematic for two reasons. Firstly, it is unacceptable for private institutions to make rights determinations with wide-ranging effects, absent a delegation of this power by the State. Secondly, alongside this absence of legitimacy, the Board may slowly diminish rights protection. Even if it acts in the public interest, the Board is free to develop its own jurisprudence. As Benesch suggests, over time it will have to depart from international human rights law because this field was not designed for application by private companies and its norms and principles need to be adapted accordingly.

While the Board may well be an effective institution – its initial decisions apply close analysis to human rights issues and frequently overturn Meta’s content decisions – it is highly questionable that a private institution should perform the exclusive State function of human rights adjudication.

https://ohrh.law.ox.ac.uk/the-facebook-supreme-court-and-private-human-rights-adjudication/

Suspension of membership UN Human Rights Council finally operationalised

April 8, 2022

(Credit: UNTV)

It was big news that Russia was stripped of its seat in the Un human Rights Council.

In March 2014 in one of my first blog posts I argued for making better use of the possibility to suspend member states (be it in the context of reprisals): “The resolution establishing the new Human Rights Council – replacing the previous Commission – states that “members elected to the Council shall uphold the highest standards in the promotion and protection of human rights.” And one of the novelties touted was that the General Assembly, via a two-thirds majority, can suspend the rights and privileges of any Council member that it decides has persistently committed gross and systematic violations of human rights during its term of membership. 

The chilling effect that reprisals can have – especially when met with impunity – is potentially extremely damaging for the whole UN system of human rights procedures and will undo the slow but steady process of the last decades. Taken together with the above-mentioned seriousness of the aggravating character of reprisals, a powerful coalition of international and regional NGOs could well start public hearings with the purpose of demanding that States that commit reprisal be suspended.

If States can lose their right to vote in the General Assembly if they do not pay their fees for several years, there is in fact nothing shocking in demanding that States, who persecute and intimidate human rights defenders BECAUSE they cooperate with the United Nations, are not allowed to take part in the proceedings of the UN human rights body.” [see: https://humanrightsdefenders.blog/2014/03/13/zero-tolerance-for-states-that-take-reprisals-against-hrds-lets-up-the-ante/]

UN members voted on Thursday 7 April to strip Russia from its seat at the Human Rights Council, over alleged civilian killings in the region around Kyiv, Ukraine. The proposal, presented at a UN General Assembly emergency session in New York, was backed by 93 countries. Russia, China, Belarus, Syria and Iran were among the 24 countries to vote against, while 58 countries, including India, Brazil and South Africa abstained.

Introducing the US-led resolution, Ukrainian ambassador to the UN, ​​Sergiy Kyslytsya, told fellow members that suspending Russia’s right to sit on the Council, was “not an option, but a duty”.

This is the second time in the history of Human Rights Council (HRC) since its creation in 2006 that a sitting member has been kicked out. The first one was Libya, when late former dictator Muammar Gaddafi led a deadly crackdown on protests in 2011, only to be reinstated eight months later. See also: https://humanrightsdefenders.blog/2016/07/05/amnesty-and-hrw-trying-to-get-saudi-arabia-suspended-from-the-un-human-rights-council/

This is the first time a permanent member of the UN Security Council has been removed from any UN body.

Countries react

Taking the floor, China, Iran, Syria, North Korea, Venezuela and Cuba, echoed Russia’s comments and said the move was politically driven. Belarus dubbed it an attempt to “demonise” Russia. Warning that they would abstain, several countries including India, Egypt, Senegal, Brazil, Mexico, Saudi Arabia and the United Arab Emirates, argued it was too soon to vote on such a proposal and that investigations into the allegations should be conducted beforehand.

In a statement published on its website, Russia’s permanent mission in Geneva called the decision “an unlawful and politically motivated step, the sole purpose of which – to exert pressure on a sovereign state that pursues an independent domestic and foreign policy”.

Russia’s deputy ambassador, Gennady Kuzmin, said after the vote that Russia had already withdrawn from the council before the assembly took action, apparently in expectation of the result. By withdrawing, council spokesman Rolando Gomez said Russia avoided being deprived of observer status at the rights body.

See also the Geneva Solutions piece: https://genevasolutions.news/global-news/what-does-russia-s-suspension-mean-for-the-human-rights-council

https://genevasolutions.news/peace-humanitarian/un-votes-russia-out-of-the-human-rights-council-over-alleged-gross-violations-in-ukraine

https://news.un.org/en/story/2022/04/1115782

Chinese approach to international human rights

April 4, 2022

China appears regularly in this blog, usually in a less than flattering role. For some recent examples, see: https://humanrightsdefenders.blog/tag/china/. So, it could be useful to see the official ‘view’ from a country that is so sensitive on the issue of human rights [see also: https://humanrightsdefenders.blog/2012/12/06/china-and-its-amazing-sensitivity-on-human-rights-defenders/]. You will not see a reference to the Russian invasion of Ukraine, of course:

On 28 February, 2022 the Chinese foreign Minister urged “sound development of global human rights” Wang issued his call at the high-level segment of the 49th session of the United Nations Human Rights Council, which he attended via video link.

Chinese State Councillor and Foreign Minister Wang Yi delivered a speech calling on the international community to uphold equity and justice to promote the sound development of the global human rights cause.

He said that ensuring the full enjoyment of human rights by all is an unremitting pursuit of humanity, while protecting human rights is the shared cause of all countries.

China believes that all parties should act as true practitioners of human rights, staunch guardians of people’s interests, positive contributors to common development, and firm defenders of equity and justice, said Wang.

Wang noted that respecting and protecting human rights is the unremitting pursuit of the Communist Party of China (CPC), and China will continue to steadfastly pursue a human rights development path that meets the trend of the times and suits its national conditions.

We will continue to uphold a human rights philosophy that puts people front and center, develop the whole-process people’s democracy, promote common prosperity for all, and safeguard the human rights of the Chinese people at a higher level,” said Wang.

China will continue to take an active part in UN human rights endeavours by making China’s voice heard and contributing China’s part to this worthy cause, he added.

Wang refuted false information about the affairs of China’s Xinjiang and Hong Kong, saying they had been hyped up with ulterior motives, and adding that China is ready to engage in human rights exchanges and cooperation with all countries on the basis of equality and mutual respect.

We do not accept self-styled ‘lecturers’ on human rights and reject stoking bloc confrontation in the name of human rights,” said the foreign minister.

http://www.china.org.cn/china/node_7076505.htm

Nordic countries take up the human rights torch?

July 11, 2020

In an interesting article published on 10 july 2020, Bruno Stagno Ugarte – Deputy Executive Director for Advocacy of Human Rights Warch sees encouraging signs of a revival of the leading role of the Nordic countries when it comes to international human rights policy.

…There are encouraging signs these countries might be ready to re-engage in denouncing grave abuses and lead international efforts for country-specific scrutiny and accountability.

And it all started with the smallest of the lot, Iceland. [Philippines, see: https://humanrightsdefenders.blog/2019/07/22/why-iceland-led-the-un-resolution-on-the-philippines/ and Saudi Arabia, see: https://humanrightsdefenders.blog/2019/03/08/saudi-arabia-for-first-time-openly-criticized-in-un-human-rights-council/ ]…..

..If Iceland with a population of 365,000, found the bandwidth to lead on two issues simultaneously, its larger Nordic neighbors can surely match both its courage and performance.

There are reasons to be encouraged on that front. In June, Finland supported the creation of a Libya investigation by the Human Rights Council to document violations committed by all parties and preserve evidence. Denmark, currently a member of the Council, is considering addressing ongoing rights violations by Saudi Arabia. And now that Norway has been elected to a non-permanent seat on the United Nations Security Council for the 2021-22 term, we hope it will become a principled voice for human rights and lead on country-specific situations.

In the absence of leadership by larger states, it is incumbent on smaller states, individually and collectively, to ensure that multilateral tools remain relevant to address dire human rights situations. The Nordic countries have done so in the past; it is time for them to do so again.

https://www.hrw.org/news/2020/07/10/nordic-comeback-human-rights

Nelson Mandela Human Rights Lecture in Geneva on 18 July 2019

July 12, 2019

On the occasion of Nelson Mandela International Day, Albie Sachs, Former Judge of the South African Constitutional Court, and Michelle Bachelet, United Nations High Commissioner for Human Rights, will reflect on today’s challenges to human rights and how to move the human rights agenda forward based on their personal experiences.

THURSDAY 18 JULY 2019, 18:00 – 19:30  AUDITORIUM IVAN PICTET | MAISON DE LA PAIX, GENEVA

Welcome remarks:

  • Andrew Clapham, Professor of Public International Law, the Graduate Institute, Geneva
  • Nozipho Joyce Mxakato-Diseko, Ambassador, South African Permanent Mission to the United Nations Office in Geneva

Keynote speech:

  • Albie Sachs, Former Judge, Constitutional Court of South Africa

Discussion with:

  • Michelle Bachelet, United Nations High Commissioner for Human Rights
  • Christof Heyns, Professor of Human Rights Law, University of Pretoria (moderator)
  • Nozipho Joyce Mxakato-Diseko, Ambassador, South African Permanent Mission to the United Nations Office in Geneva
  • Albie Sachs, Former Judge, Constitutional Court of South Africa

Closing remarks:

  • Frans Viljoen, Director, Centre for Human Rights, University of Pretoria

The Nelson Mandela Human Rights Lecture is presented by the Centre for Human Rights of the University of Pretoria, the Washington College of Law at the American University, the Human Rights Council Branch at the Office of the UN High Commissioner for Human Rights and the Geneva Academy of International Humanitarian Law and Human Rights in collaboration with the South African Permanent Mission to the United Nations.

This lecture is part of the Nelson Mandela World Human Rights Moot Court Competition and will be followed by a reception.

https://graduateinstitute.ch/communications/events/nelson-mandela-human-rights-lecture

Trump marches on with “Commission on Unalienable Rights”

July 11, 2019

Secretary of State Mike Pompeo announced the creation of the Commission on Unalienable Rights, saying the country must be “vigilant that human rights discourse not be corrupted or hijacked or used for dubious or malignant purposes.” As human rights claims have “proliferated,” he said, nations have grown confused about what constitutes a human right and which rights should be respected and treated as valid.

“I hope that the commission will revisit the most basic of questions: What does it mean to say, or claim, that something is in fact a human right?” Pompeo said. “How do we know, or how do we determine that this — or that — is a human right. Is it true, and therefore ought it to be honored?”

The commission will be chaired by Harvard Law School professor Mary Ann Glendon, a former U.S. ambassador to the Vatican.

Amnesty International USA said there was no reason for such a review given the decades-old protections in place. “This administration has actively worked to deny and take away long-standing human rights protections since Trump’s inauguration,” Joanne Lin, the group’s national director of advocacy and government affairs, said in a statement.

“If this administration truly wanted to support people’s rights, it would use the global framework that’s already in place. Instead, it wants to undermine rights for individuals, as well as

A group of Democratic senators said in a letter last month: “We believe the extent to which this administration has undermined American leadership and credibility on promoting fundamental human rights is of historic proportions,” the senators wrote. “The department’s proposed Commission on Unalienable Rights must not serve as a platform to further erode U.S. leadership and undercut U.S. interests.”

Glendon, who joined Pompeo at the State Department for the announcement, said she was honored to do the job at a time when “basic human rights are being misunderstood by many, manipulated by many and ignored by the world’s worst human rights violators.”

https://bayareane.ws/2LFUzpz

NGOs in June 2020 filed an amicus curiae brief: https://democracyforward.org/wp-content/uploads/2020/06/URC_51_Amicus-Brief-human-rights-orgs-06.09.20.pdf

Human Rights in crisis? – here the last word (before the summer!)

August 1, 2018

This blog (among many other sources) has dedicated quite a few posts to the mood of crisis that has engulfed the human rights movement, especially at international level. The international human rights regime as we have known it for the last decades is indeed under pressure, from autocratic regimes, from populist leaders and – let us be honest – from quite a few ‘normal’ people. Below you find a small selection earlier blog posts on this theme of crisis. On  30 May 2018 the MEA organized in Geneva a public event “Human Rights in a Changing World”. At this 25th Anniversary event, the leaders of the 10 international NGOs on the MEA Jury and several laureates had wide ranging discussions both in private and in public. The MEA has now produced a summary for public consumption which I have published separately earlier this day [https://humanrightsdefenders.blog/2018/08/01/report-of-meas-25thanniversary-event-human-rights-in-a-changing-world-30-may-2018/ ]

July 31 July 2018, Kathryn Sikkink published an interesting piece that has some elements in common with findings of the MEA event referred to above. The title is: “Rethinking the notion of a human rights crisis”, with as summary that “The frame of constant crisis has negative implications for human rights, especially when questions of legitimacy arise. But hope—based on empirical evidence of human rights progress—should give advocates the motivation to keep working.

Photo by Perry Grone on Unsplash

There is an epidemic of pessimism surrounding human rights today. To name but a few examples, former UN Secretary-General Ban Ki-moon has suggested that there has never been so much suffering since World War II, University of Chicago law professor Eric Posner has claimed that there have been no marked decreases in human rights violations in the same time period, and international relations scholar Stephen Hopgood has argued that we are witnessing the “end times of human rights.”

Such a pessimistic mindset is understandable because of the worrisome situations that human rights activists face every day. The idea of peril and crisis, however, points not only to the present moment but also implies some knowledge about trends and change over time; it suggests that human rights were not challenged before, and that the situation is now worse.

I recognize that many alarming human rights situations exist in the world today, and I am particularly worried about the current situation in the United States, but I am not persuaded that the state of human rights globally is now worse than it has been before. Instead, let us consider how the frame of constant crisis itself could have negative consequences for human rights.

My recent book, Evidence for Hope: Making Human Rights Work in the 21st Century, proposes that pessimistic claims need to be submitted to rigorous examination, both historical and statistical. This debate matters because of the inadvertent effects the frame of crisis and peril may have on perceptions about the effectiveness and legitimacy of human rights activism.

Historically, human rights progress has occurred as a result of struggle, and has often been spearheaded by oppressed groups. Where it has occurred, human rights progress has not been at all inevitable, but rather contingent on continued commitment and effort. Some activists and scholars fear that if they admit there has been progress, people will grow complacent and disengaged.

A recent survey of 346 individuals currently or previously working in the field of human rights found that this work is associated with elevated levels of depression and post-traumatic stress disorder. One source of this appears to be negative self-appraisals about human rights work. These findings suggest that one of the most difficult parts of being a human rights activist is the doubt about whether you are contributing to positive change. A frame of excessive crisis thus may not only contribute to the impression that the human rights movement has historically been ineffective, but it could also diminish the motivation and well-being of activists.

By their very definition, human rights are needed when things are bad. I worked at a small human rights organization, the Washington Office for Latin America (WOLA) in the late 1970s and early 1980s, a time that is now seen by some as the golden age of human rights activism. Yet we never felt like human rights goals were easily within our reach. How could we, when the Argentine government was disappearing thousands of its citizens; the Salvador government, with the heavy support of the US government, was massacring people; and the world had ignored the recent genocide in Cambodia?

Some of the current pessimism also suggests that human rights activists were popular at some point in the past and are now denigrated. But human rights activists have never been popular in the countries where they work. Repressive governments have a long history of attacking and vilifying human rights groups, through smear campaigns and other repressive tactics. Human rights organizations often defend the rights of unpopular minorities such as political leftists in Latin America, the Roma in Europe, and transgender people in the US.

The fact that the fight for human rights has always faced significant opposition should not discourage us. The longer history of human rights offers a positive message that can help sustain us in the context of our current struggles. In Evidence for Hope, I explore what changes have taken place over time, using the best data I can find on what many of us would agree to be good measures of diverse human rights.

Looking at this data carefully, issue by issue, we see that some situations are worsening—such as the absolute number of refugees displaced by war or economic inequality within many countries. Nevertheless, there are many more positive trends, including a decline in genocide and politicide, a shrinking number of people killed in war, decreasing use of the death penalty, and improvements in poverty, infant mortality, and life expectancy, as well as advances in gender equality, the rights of sexual minorities, and the rights of people with disabilities.

So why is it that so many people believe human rights violations in the world are getting worse rather than better? The short answer is that we think the world is worse off because we care more and know more about human rights than ever before. The media and human rights organizations have drawn our attention to an increasingly wide range of rights violations around the world. Their success in doing so sometimes inadvertently causes people to think that no human rights progress is occurring. Discouraging results are also generated because we compare our current situation not to the past but to an imagined ideal world, and thus we always fall short.

My point here is not to suggest that the situation for human rights defenders is improving in the world. I mainly want to remind readers that human rights defenders have long been on the front line, and we should be cautious in suggesting that there was a better period for human rights in the second half of the twentieth century that has now been eroded in the twenty-first century. Some of the threats—particularly those involving invasive laws about registration and funding—are indeed new and threatening, while other challenges have been almost a constant for civil society human rights organizations over time.

Nothing about how new or old these challenges are or about any trends in fundamental human rights detracts from acknowledging the frightening challenges groups and individuals face, nor do they negate the urgent need to strategize about how to respond to these challenges. Yet, what I hope is that some information about historical trends, as well as a more focused look at data, may be useful as part of an action-oriented discussion of promising tactics and how to address these challenges.

The stakes in this human rights debate are high. Anger, hope, and the knowledge that you can make a difference in the world give people the energy to keep working. Knowing more specifically how human rights groups have made a difference can teach us more about effective strategies and tactics to use in the future.

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More annual reports 2017: Freedom House

January 19, 2018

Having just blogged about the annual report of HRW and AI USA (see links below), I hasten to say that there are several other annual reports referring to President Trump’s damaging effect on human rights and democracy. Freedom House, for instance, issued its annual report 2017 which pointed out that Trump’s penchant for attacking civil society groups, the media, and even the courts have a tangible, negative impact, stating that, “the administration’s statements and actions could ultimately leave them weakened, with serious consequences for the health of U.S. democracy and America’s role in the world.” The report noted that under Trump, the United States has seen the sharpest drop in political rights and civil liberties in over 40 years.

Key Findings:

  • With populist and nationalist forces making significant gains in democratic states, 2016 marked the 11th consecutive year of decline in global freedom.
  • There were setbacks in political rights, civil liberties, or both, in a number of countries rated “Free” by the report, including Brazil, the Czech Republic, Denmark, France, Hungary, Poland, Serbia, South Africa, South Korea, Spain, Tunisia, and the United States.
  • Of the 195 countries assessed, 87 (45 percent) were rated Free, 59 (30 percent) Partly Free, and 49 (25 percent) Not Free.
  • The Middle East and North Africa region had the worst ratings in the world in 2016, followed closely by Eurasia.

https://humanrightsdefenders.blog/2018/01/19/human-rights-watch-and-kenneth-roth-take-a-stand-against-trumps-dictator-friendly-policies/

and https://humanrightsdefenders.blog/2018/01/19/ai-welcomes-resistance-to-trumps-human-rights-policies/

——

https://freedomhouse.org/report/freedom-world/freedom-world-2017

Human Rights Watch and Kenneth Roth take a stand against Trump’s dictator friendly policies

January 19, 2018

In its annual report on the state of human rights around the world for 2017, Human Rights Watch (HRW) said growing intolerance in states like the US represented “an enormous threat” to minority groups in those countries. Donald Trump‘s public admiration for strongman leaders and breaking of “taboos against racism and xenophobia” have encouraged oppression around the world.

Its executive director, Kenneth Roth, struck out at the US President who he said “displays a disturbing fondness for rights-trampling strongmen”. He cited Russian President Vladimir Putin and Rodrigo Duterte, of the Philippines, as examples, saying: “This makes it much more difficult to stigmatise these authoritarian leaders when Trump says these are great guys.”

Mr Roth added in a post accompanying HRW’s 2018 world report that in the past year, ”Secretary of State Rex Tillerson largely rejected the promotion of human rights as an element of US foreign policy while more broadly reducing the role of the US abroad by presiding over an unprecedented dismantling of the State Department.” “He refused to fill many senior posts, dismissed several veteran diplomats, slashed the budget, and let the department drift. Many career diplomats and mid-level officials resigned in despair,” .

The report urges democratic governments to address the problems that allowed populism to prosper in 2017, such as income inequality, fears of terrorism and growing migration. HRW hailed Emmanuel Macron’s victory in France’s elections as a “turning point”, saying he had “openly embraced democratic principles” on his way to defeating the far-right Marine Le Pen.  HRW also criticised the “hesitancy” of the EU to intervene in specific cases of rights abuse: “President Recep Tayyip Erdoğan decimated Turkey’s democratic system as the EU focused largely instead on enlisting his help to stem the flight of refugees to Europe and security cooperation. President Abdel Fattah al-Sisi crushed public dissent in Egypt with little interference from the US or the EU, which accepted his claim that he was providing stability.

In the USA, HRW’s report said, “civic groups, journalists, lawyers, judges, many members of the public, and sometimes even elected members of Trump’s own party” had reacted against what it called the President’s “regressive” outlook.

(The Trump administration did make interventions in support of human rights in a limited number of countries such as Iran and Cambodia.)

Helas, the HRW report confirms what many feared earlier in 2017, see e.g.: https://humanrightsdefenders.blog/2017/02/24/2017-10-need-to-reset-for-human-rights-movement/.

———-

http://www.independent.co.uk/news/world/donald-trump-human-rights-watch-world-report-hrw-oppression-encourage-news-media-a8165381.html

http://fp-reg.onecount.net/onecount/redirects/index.php?action=get-tokens&js=1&sid=b8ofn3rfd1a65vca5imc12g270&return=http%3A%2F%2Fforeignpolicy.com%2F2018%2F01%2F18%2Fhow-to-stand-up-for-human-rights-in-the-age-of-trump%2F

2017 (6): predictions on Trump and the UN – prophets or Cassandras?

January 26, 2017

The U.N. Human Rights Chief Fixes for a Fight with Trump

Photo credit: FABRICE COFFRINI/AFP/Getty Images

Already on 22 November 2016 Colum Lynch posted in “Foreign Policy” an insightful piece entitled: “The U.N. Human Rights Chief Fixes for a Fight with Trump”.  It records the thinking of senior UN staff and NGO leaders who are going to confront a Donald Trump with a hard-line national security team. They fear that a Trump presidency could spur a global retreat from international human rights principles, marking the dawn of American leadership (see long extracts from the piece below) on green. Now – on 26 January 2017 – Daniel Warner in his weekly blog in the Tribune de Geneve wrote a post entitled: “The U.N., Trump and Cassandra” in which he reports that a bill was introduced into the U.S. House of Representatives on January 3 calling for the total disengagement of the United States from the United Nations. The bill, H.R. 193 – known as American Sovereignty Restoration Act of 2017 – has been referred for deliberations to the House Foreign Affairs Committee. The bill – tried before in 2015 – may not pass, but the writer fears it reflects the tenor of the current Trump administration. See his words below marked in blue.

—-

The U.N. high commissioner for human rights, Prince Zeid Ra’ad al-Hussein, informed his staff in the weeks following the U.S. election that they will have to serve as the front line in an international effort to check any excesses on the human rights front. A chief concern, officials say, is that if the U.N. doesn’t call out its most powerful member for straying from universally accepted human rights norms, the rest of the world will be emboldened to ditch them. “We are going to speak up,” one U.N. official told Foreign Policy. “It’ll be rough, but if [Trump] puts any of those ghastly campaign pledges into action we will condemn.”

…..Still, Trump’s campaign pledged to restore waterboarding, deport millions of undocumented migrants, and ban Muslims from traveling to the United States. …

The U.N.’s approach to human rights is particularly tricky for the incoming U.N. secretary-general, António Guterres, a former Portuguese prime minister who headed the U.N. refugee agency for nearly 10 years. Guterres has been an outspoken champion of refugees, pressing European governments, as well as the United States, to resettle far larger numbers of refugees. Two weeks after Trump called for his ban on Muslims last December, Guterres admonished the Security Council, saying, “Those that reject Syrian refugees because they are Muslims are the best allies in the recruitment propaganda of extremist groups.” But Guterres may be constrained as the leader of the United Nations, a job that requires a close relationship with the United States and other big powers. ……

That makes it likely that Zeid will take the lead on human rights. Throughout the U.S. presidential campaign, Zeid, a Muslim prince from the Jordanian royal family, has repeatedly excoriated Trump, telling reporters in December that his threat to ban Muslim travel to the United States is “grossly irresponsible.” In September, Zeid included Trump, along with France’s Marine Le Pen and Dutch far-right politician Geert Wilders, on a list of “populists, demagogues, and political fantasists” who promoted their arguments grounded in “half truths and oversimplification.” [see also: https://humanrightsdefenders.blog/2016/09/14/un-high-commissioner-for-human-rights-states-may-shut-my-office-out-but-they-will-not-shut-us-up/]

Some U.N. officials say Zeid’s criticism of the U.N.’s most powerful country could strengthen his hand in disputes with other U.N. members, particularly those from the developing world who have long accused the United Nations of applying greater pressure on small powers for breaching human rights norms, while letting the United States and other big powers off the hook. Other U.N. officials fear that Zeid may be exposing the organization to a battle with the U.N.’s most powerful players that he can’t win. In September, Russia’s U.N. ambassador Vitaly Churkin formally protested Zeid’s public denunciations of Trump and other European nationalists. “Prince Zeid is overstepping his limits from time to time, and we’re unhappy about it,” Churkin told The Associated Press.

More recently, Zeid tangled with China over his attendance at a ceremony for the Martin Ennals Award for Human Rights Defenders, which honored a Uighur economist, Ilham Tohti, who is serving a life sentence on charges of fomenting separatism and violence. A senior Chinese official appealed to Zeid not to attend the event, according to a U.N. official. But Zeid refused, insisting that he had an independent mandate to shed light on human rights violations wherever they occur, including China.

Even before Trump’s election, U.N. officials believed that human rights were under threat from authoritarian governments, including China, Egypt, Russia, and Turkey, which have been engaged in major crackdowns on civil liberties at home. “They are backsliding on human rights, but from a position of weakness,” said Kenneth Roth, executive director of the New York City-based advocacy group Human Rights Watch. “Both [Vladimir] Putin and Xi Jinping are engaging in the worst crackdowns in their countries in two decades, each driven by the terror as to how their countries will react to a weakening economy; they’re trying to snuff out in advance opposition they anticipate.”

Roth said there is a real danger that Trump and other populist leaders will accelerate the curtailment of human rights. “The entire human rights movement is weary about Trump,” he said. “It’s not clear what his values are. That is why his initial appointees are so important.” Dimitris Christopoulos, president of the International Federation for Human Rights, fears Trump’s controversial positions, including torture and deportation, would embolden smaller countries. When big powers, particularly the United States, tread on human rights the world tends to follow. If smaller countries, such as Burundi and Kenya, hear Trump threatening to cast out foreign refugees they may choose to act in kind, Christopoulos said. Saudi Arabia threatened this year to cut funding to U.N. relief programs and to lead a walkout by Muslim states from the United Nations if the U.N. didn’t lift its name from a list of countries that killed or maimed children in armed conflict, according to a senior U.N. official. In its defense, Saudi officials noted that the United States had shielded its closest Middle East ally, Israel, from being included on the same list in 2015. It was only fair, therefore, that Riyadh be spared the shame of being included on the list...

Rights advocates say the rising tide of nationalism and populism in Europe and the United States represents a potentially existential threat to the human rights movement, as governments that once championed the cause on the international stage head into retreat. Britain’s new prime minister, Theresa May, has railed against “left-wing human rights lawyers” who are seeking the prosecution of British soldiers alleged to have committed war crimes in Afghanistan and Iraq. She has proposed that London withdraw from key provisions of the European Convention on Human Rights that potentially expose British troops to prosecution. A generation of European nationalist leaders, including Le Pen and Wilders, who had been on the fringe of the European political spectrum, have seen their electoral prospects grow in the face of spreading anti-immigrant sentiment. That has left German Chancellor Angela Merkel as one of the “only outspoken leaders on human rights,” Roth said. In her first statement following Trump’s election, Merkel said she would work closely with Trump, but only on the basis of “democracy, freedom, respect for the rule of law, and the dignity of men regardless of origin, skin color, religion, gender, or sexual orientation.”

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Daniel Warner further wrote: Fervent supporter of H.R. 193 and prominent Republican Rand Paul (Rep-KY) said in 2015: “I dislike paying for something that two-bit Third World countries with no freedom attack us and complain about the United States… There’s a lot of reasons why I don’t like the U.N., and I think I’d be happy to dissolve it,” added the Kentucky senator. Or, as John Bolton, once U.S. ambassador to the U.N. and now being considered for the number two spot in the State Department famously said: “There’s no such thing as the United Nations. The Secretariat building in New York has 38 stories. If it lost ten stories it wouldn’t make a bit of difference.”
This time, following the election of Donald Trump and the U.S. abstention on a Security Council resolution to condemn the continued construction of illegal Israeli settlements, the bill has a better chance. The mood in Washington of “America First” will try to repeal all multilateral agreements such as the Trans-Pacific Partnership and the North American Free Trade Agreement as well as weakening multilateral organizations like the North Atlantic Treaty Organization.
Does the introduction of the bill matter? For International Geneva, it certainly does. While the United States might not withdraw from the U.N., the negative attitude of the current administration towards multilateralism and multilateral organizations will have obvious negative consequences for Geneva, sometimes called “The Rome of Multilateralism.” Even with U.S. participation, the international system will lack United States leadership during the Trump presidency. The visit of the Chinese President to the U.N. Office in Geneva and his speech at Davos were clear signs of shifting multilateral leadership.
I heard a comment from someone within the Washington bureaucracy that gives some hope.  Her feeling was that career civil servants will slow down if not block radical changes in U.S. foreign policy. The slow wheels of government will crush any unilateral attempts by the Trump leadership. The ship of state will carry on with deep divisions between the political appointments and career civil servants. This would be an indirect check on the incoming politicians.
On January 21, one day after Trump’s inauguration, millions marched against the Trump presidency throughout the United States. Millions more marched around the world for women’s dignity and many against Donald Trump as well. Will anyone march to save multilateralism and the U.N?

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Sources:

The U.N. Human Rights Chief Fixes for a Fight with Trump | Foreign Policy

The U.N., Trump and Cassandra : Le blog de Daniel Warner

see also:

https://humanrightsdefenders.blog/2017/01/23/2017-4-canadas-year-of-real-human-rights-action/

https://humanrightsdefenders.blog/2017/01/24/2017-5-with-trump-us-president-sweden-must-stand-up-for-human-rights/