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COMMENTARY
AND ANALYSIS
THE
NEED FOR EFFECTIVE U.N. HUMAN RIGHTS EXPERTS by ANDREW HUDSON, HUMAN
RIGHTS FIRST (MaximsNews.com,
U.N.) |
UNITED NATIONS - / www.MaximsNews.com@U.N./
- 17 May 2007 –
Torture,
the sale of children, arbitrary detention, unlawful killings, extreme poverty
and attacks against human rights defenders are all abuses that are investigated
and often prevented by independent United Nations human rights experts.
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However,
the U.N. Human Rights Council (Council) is considering measures to eliminate
or weaken the role of these effective human rights champions.
More
than 12,000 individuals from 147 countries signed a petition that was
delivered last week to the U.N. Human Rights Council. The petition calls on
the Council to retain a strong independent system of human rights experts.
It is sponsored by 17 international and regional human rights organizations.
A year ago
then U.N. Secretary-General Kofi Annan criticized the U.N.'s main human
rights body in stark terms, stating that its "declining credibility has
cast a shadow on the reputation of the United Nations system."
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A much-needed
reform process is still underway.
But whatever
the outcome of the reform process, one thing is clear to those who support a
positive role for the U.N. in the promotion and protection of human rights: it
would be a grave mistake to weaken the system of the U.N. human rights experts,
collectively referred to as "Special Procedures".
While much
else in the system has been criticized, they have been described as the “crown
jewels” of the U.N. human rights system and as giving “a voice to the
voiceless victims of abuses.”
It
is the success of these experts that makes them a target for the repressive
governments that are now seeking to undermine them.
Turning
the reform process on its head, these
governments want to strip the investigators of their independence and powers in
a bid to prevent scrutiny of their own human rights violations.
Without
effective U.N. human rights experts it will be easier for governments to
continue committing all manner of human rights crimes, including mass murder.
As part of
the reform process the Council is currently undertaking a formal review of the
experts. It is considering imposing a euphemistically named “code of
conduct” on them, which could limit their independence, restrict their ability
to use the media and limit their ability to criticize governments implicated in
violations.
The Council
is also considering changing the way the investigators are selected, which would
mean that objective experts are less likely to be chosen.
Finally, some
of the mandates, or subjects, covered by the experts could be abolished
altogether. The review is due to be completed by June 18, 2007.
Instead
of weakening a part of the U.N. human rights system that works, the Council
should be looking at ways to strengthen it. The experts are important for at
least six reasons.
First,
unlike many international mechanisms, they are flexible and able to respond to
urgent situations rapidly.
Second,
they have a global reach and can respond to violations
occurring anywhere in the world.
Third,
they are independent, objective and impartial.
Fourth,
as experts in their field, they can provide practical advice to governments and
can contribute to the development of human rights law.
Fifth,
they bring human rights violations, including emerging crises, to the attention
of the international community thereby helping to prevent even more severe human
rights crises.
Sixth,
they provide support and protection for local human rights defenders who often
work at considerable risk.
Human
Rights First is co-sponsoring the petition and works closely with threatened
human rights activists around the world. They tell us that the experts are
essential to their work.
Usman
Hamid, an Indonesian human rights activist seeking justice for the 2004
poisoning of renowned Indonesian human rights defender Munir explains that, “Special
Procedures are the most responsive and flexible channel for victims’
appeals.”
Ruth del Valle
, a prominent Guatemalan activist, whose office was
recently ransacked, told us that one such expert, the Special Representative on
Human Rights Defenders, “is a
vital mechanism to support our work and protect our lives… . It not only
provides us with solidarity and protection but also elicits action from our
government that we could not obtain alone.”
Such
testimonies should be a reminder to governments that the negotiations taking
place in
Geneva
will have a very direct bearing on the enjoyment of human rights by large
numbers of people across the world.
Governments
must make sure that the review maintains the integrity of these vital
mechanisms. Citizens around the world can make their voices heard on this topic
by signing the petition (which remains open until June 18): http://www.actforspecialprocedures.org
Andrew
Hudson is a lawyer in the Human Rights Defenders Program at Human Rights First.
HudsonA@HumanRightsFirst.org
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Nations, U.N.,
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