Members of the United Nations Independent International Commission of Inquiry on the Occupied Palestinian Territory and in Israel, Navanethem Pillay, Miloon Kothari and Chris Sidoti attend a press briefing at the United Nations headquarters in New York, U.S., October 27, 2022. REUTERS/Eduardo Munoz/File Photo
On 7 November 2022 Emma Farge reported for Reuters how a Palestinian human rights group told a U.N. panel on Monday 7 November it had been subject to threats and “mafia methods” during a campaign of harassment organised by Israel to silence groups documenting alleged Israeli rights violations.
The independent Commission of Inquiry, established by the Human Rights Council, the U.N. top human rights body, last year, plans five days of hearings which it says will be impartial and examine the allegations of both Israelis and Palestinians. Israel dismissed the process overseen by the panel as a sham while it declined comment on the specific allegations.
“They used all means, I can say. They used financial means; they used a smear campaign; they used threats,” he said, saying his office was sealed with a metal door on Aug. 18.
Asked to detail the threats mentioned to the panel, Jabarin told Reuters after the hearing that he had received a phone call from somebody he identified as being from “Shabak”, or the Israel Security Agency, two days after the raid. They threatened him with detention, interrogation or “other means” if he continued his work, he added.
On 23 June 2022 Marc Limon, Executive Director of the Universal Rights Group posted a Blog: “Time to ask again: is being the UN High Commissioner for Human Rights an impossible job?”
In February 2018, he published a blog on the early departure of the previous High Commissioner for Human Rights, Zeid Ra’ad Al Hussein. The blog responded to David Petrasek’s article in OpenGlobaRights, entitled ‘Another one bites the dust’ (8 February 2018).
Limon argues that the High Commissioner position is, in fact, several jobs rolled into one. The mandate of the High Commissioner and his/her Office comprises inter alia:
Monitoring and speaking out about human rights violations around the world – ‘preventing the continuation of human rights violations throughout the world,’ (OP4f of GA resolution 48/141 of 7 January 1994).
Acting as the Secretariat to the ‘competent bodies of the United Nations system in the field of human rights and [making] recommendations to them,’ (OP4b of GA res. 48/141).
Providing capacity building, advisory services and technical assistance, at the request of the State concerned, ‘with a view to supporting actions and programs in the field of human rights,’ (OP4d, GA res. 48/141).
Engaging in human rights diplomacy (‘dialogue’) with governments and ‘enhanc[ing] international cooperation,’ in order to promote the implementation of international human rights obligations and commitments, and respect for human rights, (OP4g, OP5h, GA res. 48/141).
Coordinating human rights mainstreaming across the UN system, (OP4i, GA res. 48/141).
Making recommendations and driving efforts to ‘rationalize, adapt, strengthen and streamline the United Nations machinery in the field of human rights with a view to improving its efficiency and effectiveness,’ (OP4j, GA res. 48/141).
It is clear that, when held in the hands of a single human being, these different parts of the High Commissioner’s overall mandate operate in tension and are, perhaps, even mutually incompatible…
Is it possible for one person to wear all these hats at the same time? Can a single person publicly criticise States in one breath, then in the next reach out to them to forge agreement on reform of the UN human rights system or to provide human rights technical assistance?
Petrasek has made no secret of his belief (apparently shared by the UN Secretary-General, Antonio Guterres) that Zeid over-prioritised human rights monitoring and public advocacy, to the detriment of almost all other parts of his mandate. Yet for many other civil society representatives in Geneva and for many Western diplomats, this singlemindedness (together with Zeid’s natural eloquence) made the former High Commissioner something of a cult hero and the perfect High Commissioner,
Fast forward four and a half years and Zeid replacement as High Commissioner, the former President of Chile Michelle Bachelet, has also fallen on her sword – yet for precisely the opposite reasons as Zeid.
Bachelet was handpicked by Guterres to mark a clear break from Zeid by pursuing a more holistic and balanced approach to the role and mandate of the High Commissioner. In addition to public advocacy Bachelet tried to emphasise human rights diplomacy, international cooperation, support for the international human rights machinery, a focus on emerging thematic human rights concerns (e.g., climate change, the right to a healthy environment, prevention, digital technology), and the on-the-ground delivery of technical assistance and capacity-building support.
In truth, the world needs a High Commissioner Zeid and a High Commissioner Bachelet. The question is: is that possible? Maybe other solutions might be considered? Might, perhaps, the High Commissioner focus on public advocacy, and the Deputy High Commissioner on the more cooperation-orientated aspects of the mandate? Maybe different Deputies could be appointed for each of the main ‘baskets’ of the High Commissioner’s overall mandate? Or maybe the parts of the mandate related to the human rights machinery could be ‘spun off’ – for example, into a new position of secretary-general of the Human Rights Council and its mechanisms, and of the Treaty Bodies?
These are difficult and sensitive questions, and yet it is surely important that they be asked and considered now rather than later. Perhaps today, as the Secretary-General ponders the appointment of the next High Commissioner, is an opportune moment to do so?
On September 7, 2022, the UN announced Secretary-General António Guterres’ decision to appoint Volker Türk, an Austrian national, to replace Michelle Bachelet.
Reactions were swift, most of them expressing the need for action, e.g. “The new UN high commissioner for human rights should neither seek nor expect a honeymoon period from UN member states,” said Tirana Hassan, interim executive director of Human Rights Watch on 8 September “What’s needed by the millions of people around the world whose rights are being violated every day is an advocate in their corner who will take on abusive governments large and small without fear and without hesitation.”
Yoni Ish-Hurwitz, Executive Director of Human Rights Likeminded Office was invited by the Universal Human Rights Group on 12 September, 2022, to contribute a Blog `’Who is Volker Türk?’:
Opinions have already begun forming about Volker Türk in the short time since the announcement of his appointment last week as the new UN High Commissioner for Human Rights. However, in the absence of a public competition, there was little opportunity to learn about Türk. He is also not well-known outside of the UN (and had few followers on twitter until last week). Therefore, in the absence of personal familiarity, it may be useful to focus on his biography, body of work and statements. This would lead to a better understanding of why he was selected for this role. [DISCLAIMER; I happen to know him personally from my days in UNHCR. He has always struck me as an honest and dedicated person with a pronounced interest in the human rights side of refugee work.]
Central to Türk’s biography is his long professional relationship with the Secretary-General Antonio Guterres. They worked together at UNHCR when Guterres led the agency as High Commissioner for Refugees. When Guterres became UN Secretary-General, Türk joined him in New York, to serve as Assistant Secretary-General for Strategic Coordination in the Executive Office. Guterres promoted him in January, to the rank of Under-Secretary-General for Policy, also in the Executive Office, perhaps setting him up to take the role of the High Commissioner for Human Rights.
Having a close confidant as the High Commissioner may be especially important for the Secretary-General at present, considering the significant current political challenges he faces. This is especially the case in the aftermath of the release of the long-awaited report on Xinjiang by the former High Commissioner, Michelle Bachelet. She spared Türk the need to continue holding this hot potato. However, China won’t let Türk off the hook, and will likely exert pressure on him, as it has done with Bachelet, to carefully weigh his words and the way he manages his Office’s work on China. In the meantime, Chen Xu, the Permanent Representative of China in Geneva, announced that ‘the Office closed the door of cooperation by releasing the so-called assessment.’ This means that this is one political crisis that will not end with Bachelet’s departure.
One key question is whether the new High Commissioner will prioritise engagement over speaking truth to power. Bachelet was criticised of doing just that following her recent statements on China, until she released her report at the 11th hour on the job. .. On the face of it, it may appear that Guterres selected a diplomat, rather than an advocate. Türk is a UN career officer through and through, and as such he is in a better position to offer ‘good offices,’ as the UN does, compared to any former Head of State that could have taken the High Commissioner’s post. Among his predecessors were two presidents, two supreme court judges, one foreign minister and one permanent representative to the UN headquarters. However, every day before walking into his new office, the face that Türk will see first is that of his predecessor Sérgio Vieira de Mello, who also spent most of his career in UNHCR. He was commemorated in a bust at the entrance to Palais Wilson, four years after his death in a bombing at UN headquarters in Iraq.
Türk worked in the UN refugee agency for over 30 years, including in the field. Coming from within the UN system is an asset for navigating organisational politics, fostering collaboration with other parts of the UN, enhancing the contribution of OHCHR to all relevant UN fora, and understanding how to engage with Member States to address the situation of the most vulnerable people. His intimate understanding of the UN system is manifested in two major initiatives he stewarded – the Secretary-General’s flagship report, Our Common Agenda, as well as the Secretary-General’s Call to Action for Human Rights. This may not be the place to analyse their successes or shortcomings, but it can be said that they were both well-received. Our Common Agenda offered a vision for mobilising the UN to address global challenges. OHCHR needs a manager with this kind of foresight to grasp the organisation’s structure, programmes and needs. The second initiative, the Call to Action for Human Rights, identified areas for action to advance human rights. As High Commissioner, perhaps Türk will be in a better position to support the implementation of the Call to Action.
This work demonstrates deep engagement on human rights. His legal background, holding a doctorate in international law, will support his role as an advocate. He can substantively articulate concerns and uphold norms based in international human rights law, humanitarian law and refugee law. He certainly appears as an advocate on twitter (@volker_turk). His tweets show his compassion, as he mostly addresses human rights concerns, with people at the centre.
Civil society was concerned about the selection process. Phil Lynch, Executive Director of the International Service for Human Rights (ISHR), said: ‘The lack of transparency and meaningful consultation with independent civil society in the selection process meant that the Secretary-General missed a key opportunity to build the legitimacy and authority of the next High Commissioner.’ The appointment of the Secretary-General’s confidant may have reaffirmed worries that the High Commissioner would prioritise diplomacy and engagement over advocacy for human rights. However, Türk appears to have the appropriate biography and a heart in the right place to fulfil both of the High Commissioner’s roles as an advocate and a diplomat. Hopefully he will be attentive to civil society and rights-holders, in line with his advice during his time as Assistant High Commissioner for Protection at UNHCR: ‘Listen to what refugees are telling us.’
After being appointed at the last minute as the next UN high commissioner for human rights, Volker Turk is not expected to be at the 51st session of the UN Human Rights Council, held from 12 September to 7 October. When he does, Turk will have to grapple among other challenges with his predecessor’s report on Xinjiang, but for the moment deputy high commissioner Nada Al Nashif is in charge of the UN rights office and will have to answer any questions about China that might come up during the first days of debate..
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.
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 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.
This international advocacy campaign highlights days like the International Day for the Elimination of Gender-Based Violence (November 25); the International Day of Women Human Rights Defenders (November 29); the National Day of Remembrance and Action on Violence against Women (December 6); and International Human Rights Day (December 10).
As the world retreated inside homes due to the lockdown measures introduced to curb the COVID-19 pandemic, reports showed an alarming increase in the already existing pandemic of violence against women.
You can make a difference during the ongoing COVID-19 pandemic and protracted state of crisis it has generated across the world. You can support women and girl survivors of violence to stay safe and free of violence. Take action during this year’s 16 Days of Activism to End Gender-Based Violence. For more information about “Orange the World: Fund, Respond, Prevent, Collect!” and action ideas, see this year’s concept note.
This year, organizations are joining forces to gather positive words and messages of strength, hope and resiliency. Until 18 November, organizers are asking their partners, clients and the general public to submit positive written messages. These words will be used to design a piece of artwork, which will be unveiled on 10 December on social media.
Having reported on 4 December about Burundi in the 3rd Committee of the General Assembly (“Burundi made several attempts to stop the Commission of Inquiry on Burundi from presenting its report to the Third Committee. When these were foiled, in a repeat of what happened last year, the Burundian Ambassador took the floor to abuse Commission members. ….” and in the light of its history with UN investigations – see inter alia: https://humanrightsdefenders.blog/2018/10/26/burundi-outrageously-attacks-united-nations-team/), it hardly comes as a surprise that Burundi’s government has asked the UN to leave completely. (Associated Press reporting on 6 December 2018).
Spokeswoman Ravina Shamdasani in Geneva confirmed they received a letter on Wednesday “requesting us to close the office. We of course regret this decision and we would like to continue our cooperation with Burundi.” Anonymous sources within the U.N. office in Burundi told Associated Press they were given two months to leave.
The East African nation’s government has long been angered by U.N. reports describing alleged abuses amid the political turmoil since President Pierre Nkurunziza decided to run for another term in 2015. More than 1,200 people have been killed since then, the U.N. says, and ICC judges authorized an investigation into allegations of state-sponsored crimes including murder, rape and torture — a decision unaffected by Burundi’s withdrawal from the court. Outgoing U.N. High Commissioner Zeid Ra’ad al-Hussein early 2018 said Burundi was among “some of the most prolific slaughterhouses of humans in recent times.”
Burundi suspended its cooperation with the U.N. rights office in October 2016, accusing it of “complicity with coup plotters and Burundi’s enemies” after a report alleged the “involvement of the regime in systematic abuses and a risk of genocide.” In December 2017, the government shut four regional offices of the U.N. rights office in the country. And a team of experts mandated by the U.N. Human Rights Council to look into possible abuses was expelled in May despite Burundi’s agreement to cooperate.
Burundi’s foreign minister, Ezechiel Nibigira, on Thursday called a press conference on the issue but then postponed it, telling reporters that “We will communicate you when we are well prepared.” Rachel Nicholson, the Burundi researcher for Amnesty International, called the news “deeply disappointing” and called on the government to reverse its decision. Having refused to cooperate with a U.N. commission of inquiry or sign a memorandum of understanding with African Union monitors, the government is again trying to block independent monitoring, Nicholson said. “But the truth will still get out.”
But there is more going on: The UDHR, based on the powerful premise that we are all “born free and equal in dignity and rights,” has spread further and been translated into more languages than any other text ever. The aim of the celebratory events sponsored by the UN Human Rights Office is “to shine a light on the many ways in which universal human rights contribute to the daily lives of people everywhere.” Signature events will be held in 14 cities, spanning seven time zones, with each spotlighting a human rights theme relevant to that location:
Africa
Dakar (Nov 30) – Our right to accountability when rights are violated
Pretoria (Dec 7) – Young people standing up for rights
Marrakesh (Dec 10) – The human rights of migrants
Asia-Pacific
Suva (Nov 16) – Our right to live on a healthy planet
Bangkok (Nov 28) – The rights of people on the move
Europe
Manchester (Nov 12) – Our right to live in harmony
Paris (Dec 4) – The city where the UDHR was adopted in 1948
Geneva (Dec 13) – Upholding rights for a future we all want
Latin America
Mexico City (Dec 6) – Our right to defend human rights
Panama City (Dec 10) – Children as defenders of rights
Santiago (Dec 10) – Women’s rights are human rights
Middle East
Doha (Dec 9) – Our right to peace
North America
Los Angeles (Dec 10) – Human rights in the city
New York (Dec 18) – UN Human Rights Award ceremony
In addition to the 14 signature events, each of which will be accompanied by a social media campaign featuring prominent global and local public figures standing up for human rights, numerous other celebrations are being organized by Governments, NGOs, academic institutions, and many others all over the world.
“I urge everyone to join in celebrating the 70th anniversary of the Universal Declaration. Join us at the public events if you can, or organize one yourself. Any way that you can take part actively – shining your light on rights – will make a difference, even if it is simply by participating on social media,” said UN High Commissioner for Human Rights Michelle Bachelet. “By doing so, we can show just how precious the UDHR is to people all over the world, and the universal nature of the values it contains. It was an inspiration, a sensation, in 1948, and it is still an astonishing and inspiring document today.”
“The preservation of the human rights set out in the Declaration is vital to each and every one us – woman, man and child. Human rights are essential for the protection and dignity of our loved ones, our families and friends, our neighbours and our communities – for all of us, whether living in the smallest village or in the greatest of cities. Violations of anyone’s rights potentially undermine the rights of all of us. So I urge everyone to use the UDHR’s 70th anniversary to reflect on what rights mean, and think of ways we can actively stand up for the rights of not just ourselves, but of everyone else.”
In addition to the events taking place over the next month, on 9 November the UN Human Rights Office will start publishing a series of short articles on each of the 30 Articles of the Universal Declaration. These will be published – one article a day – on www.ohchr.org and issued to media across the world.
For more information on the events listed in this advisory, please contact Rajat Khosla at rkhosla@ohchr.org / +41 22 917 3311
The 2018 United Nations Human Rights Prize(s) will be given out at the United Nations HQ in New York on Human Right Day, 10 December 2018. The Call for Nominations is now open. This year’s award will coincide with the celebration of the 70th anniversary of the Universal Declaration of Human Rights.
An remarkable feature of this ‘inter-governmental’ award is that nominations can be received from: “member States, specialized agencies and non-governmental organizations in consultative status and from other appropriate sources.” Nominations may be made by submitting the online nomination form with basic identifying information about the nominee and the reasons for making the nomination.
Hard copies can, alternatively, be sent by post to: Human Rights Prize, OHCHR New York Office, Room S-1306, United Nations, New York, NY 10017. A printable form for submitting a nomination by post is available for download here.
The deadline for submission of nominations is 6 April 2018.
Nikki Haley, the US ambassador to the UN, with Liu Jieyi, China’s ambassador, before the April 18 Security Council meeting. Rick Bajornas/UN Photo
The United States led on Tuesday 18 April what it (and not many others) dubbed a ‘historic‘ U.N. Security Council meeting on the link between rights abuses and conflict, but it had to drop a push for the broad issue of human rights to become a fixed item of the Security Council’s agenda when it appeared that at least six members would oppose it [Russia, China, Egypt, Ethiopia, Kazakhstan and Bolivia were against the move and Senegal’s support was uncertain]. The United States, council president for April, did not risk the measure being put to a rare procedural vote, which requires nine in favour, and vetoes cannot be used. The opposing council members say rights discussion should be confined to the Geneva-based Human Rights Council – which Washington accuses of being anti-Israel and has threatened to quit – and the 193-member U.N. General Assembly third committee. Here is some of the analysis:
On 23 June 2016 United Nations Secretary-General Ban Ki-moon announced the appointment of Ivan Šimonović of Croatia as his Special Adviser on the Responsibility to Protect as from 1 October. Mr. Šimonović is currently Assistant Secretary-General for Human Rights and Head of the Office of the High Commissioner for Human Rights (OHCHR) in New York. “In his role as the Special Adviser on the Responsibility to Protect, Mr. Šimonović will work under the overall guidance of the Special Adviser of the Secretary-General on the Prevention of Genocide to further the political, institutional and operational development of the responsibility to protect principle, as set out by the General Assembly in paragraphs 138 and 139 of the 2005 World Summit Outcome document,” the statement said.