Human Rights body finds itself on shaky ground

Human Rights body finds itself on shaky ground
June 21, 2009 - 9:58 AM

The latest session of the United Nations Human Rights Council, which
ended this past week in Geneva, was marked by a series of attempts to
weaken the body.

Diplomats and non-governmental organisations have expressed concern over
efforts by some states, including Cuba, China and Brazil, to muzzle
independent reporting.

An open letter was addressed to the Council on June 11 by 35
organisations including Amnesty International (AI) and Human Rights
Watch (HRW). "We are witnessing an aggressive strategy against the
Council's mandate, through personal attacks on the special rapporteurs,"
said Julie de Rivero, head of HRW in Geneva, explaining the gist of the
letter.

For many observers, a point of no return was reached during a special
Council session on Sri Lanka in late May. The Sri Lankan government was
able to impose the principle of non-interference in order to refuse an
on-the-spot independent investigation.

During the session on Sri Lanka, Brazil co-sponsored a resolution that
affirmed the long-discredited principle of non-interference in domestic
affairs.

The resolution, HRW said, ignored allegations echoed by the UN High
Commissioner for Human Rights that war crimes may have been committed by
both government forces and the rebel Tamil Tigers and should be
investigated by an independent inquiry or commission.

For the Swiss ambassador to the UN, Dante Martinelli, "attempts to
restrict the autonomy of the High Commissioner and special procedures
are increasing. The Council prescribes how states should treat their own
residents, which for a number of countries is an open challenge to their
national sovereignty," he said.
Swiss ambassador to the UN in Geneva, Dante Martinelli
Swiss ambassador to the UN in Geneva, Dante Martinelli (swissinfo)
"Real threat"

"This argument is mentioned with increasing frequency by a number of
states and this is a real threat to the promotion of human rights."

Sri Lanka was not the only case. There have been unrelenting attacks on
the deployment of experts and the idea of freedom of expression, as well
as moves by Cuba and China to muzzle NGOs during the "Universal Periodic
Review" (UPR) of these countries.

"When we arrived on June 9 at 8am just after the UN opened for us to
register to speak during during the UPR for Cuba, there were already ten
NGOs queuing at the desk," says de Rivero.

"Yet the list is limited to ten, and all of these NGOs were pro-Cuban.
We were informed that diplomats had let them into the building at 6:30
am, which is not allowed." After a dispute, two independent NGOs were
finally given the chance to speak.

"This area is important because independent NGOs cannot enter Cuba. The
country, which has not ratified the major treaties, does not appear
before UN committees. The periodic review is the only time when these
states are obliged to hear dissenting voices," said Julie Gromellon from
the International Federation of Human Rights (FIDH).

And Muslim states resumed efforts to impose the notion of defamation of
religions, departing from the text on anti-racism, the "Durban
Declaration", which was adopted at an international conference in Geneva
in April. This attempt showed that the divide between North and South
remains strong.
Sudan

States were also polarised in regards to Sudan, even if African
governments did not present a united front. A resolution proposed by
Egypt in the African group to remove the mandate of an Independent
Expert (IE) for Sudan, was opposed by Uganda.

But a series of amendments put forward by the European Union including
the renewal of the mandate for a one-year term for an IE in Sudan was
approved by a narrow majority (21 versus 20).

"The Council is a body that best reflects the tensions of a changing
world and antagonisms between blocks, especially between countries that
are growing in stature and the North," commented Martinelli.

"It was a tumultuous session, but the result on Sudan showed that the
new dynamic – to promote trans-regional dialogue - launched with the
special session on Sri Lanka is beginning to bear fruit," said another
Western diplomat. "Sri Lanka was a lost cause, because Colombo remained
confrontational. But it was more nuanced for Sudan."

He added that the arrival of the US also made a difference. Washington,
which joined the Council on June 19, has been involved in intense
discussions since the beginning of the year.

Carole Vann in Geneva, InfoSud/swissinfo.ch (translated and adapted by
Dale Bechtel)

NGOs and diplomats criticise efforts by some states to undermine UN
Human Rights Council. - swissinfo (21 June 2009)
http://www.swissinfo.ch/eng/front/Human_Rights_body_finds_itself_on_shaky_ground.html?siteSect=105&sid=10852622&cKey=1245571578000&ty=st