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International Commission of Jurists
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COMMUNIQUE DE PRESSE - COMUNICADO DE PRENSA
24 April 2003
STATES AT THE UN HUMAN RIGHTS COMMISSION CONTINUE THEIR RETREAT FROM
PROTECTING HUMAN RIGHTS
The United Nations Commission on Human Rights concludes its 59th session
tomorrow, with States having taken yet another step backwards in executing
the mandate of the Commission to protect and promote human rights.
More than ever, political considerations extrinsic to human rights concerns
hampered the capacity of the Commission to act decisively during a time when
long settled principles of human rights have come under pressure.
Although war raged in Iraq during the session, a majority of the Commission,
led by Western States, refused to allow extra time to be set aside to
discuss the human rights and humanitarian implications of the military
campaign. The Commission will consider tomorrow a weak resolution on Iraq,
which fails to address in a serious way the human rights challenges posed by
the present military occupation of that country by the United States and the
United Kingdom.
The African Group, once the most independent of the Commission's five
regional groupings, this year under South African coordination voted en bloc
to prevent the Commission from dealing with critical country situations.
This concerted and conspiratorial approach served to eliminate the mandate
of the special rapporteur on Sudan and to preempt action on Zimbabwe and
helped the Russian Federation avoid examination of the human rights
situation in Chechnya.
The United States continuously sought to undermine the Commission's
consideration of core economic, social and cultural rights, including rights
to health, medicine and food. It also stood defiant to virtually the entire
international community in defense of its right to execute child offenders.
It repeatedly weakened and called into question important resolutions,
including by calling for votes on resolutions that would otherwise have
commanded a consensus in the Commission.
Countries of the Organisation of the Islamic Conference (OIC), in
cooperation with the Chairperson of the Commission, Najat Al-Hijjaji of
Libya, used procedural contrivances to stop the Commission from adopting a
Brazilian-sponsored resolution on protecting human rights regardless of
sexual orientation. Saudi Arabia, Pakistan, Egypt, Malaysia, and Libya,
introduced 55 amendments aimed at eliminating reference to sexual
orientation and the Chairperson initiated a postponement in full knowledge
that there would likely be no time left for consideration of the Resolution
at the end of the Commission on Friday. In considering an earlier resolution
on extrajudicial, summary or arbitrary executions, the OIC countries had
similarly attempted-unsuccessfully- to delete all references to targeted
groups such as homosexuals and victims of honour crimes.
One of the greatest human rights challenges of the day, safeguarding human
rights within the context of combating terrorism, again received short
shrift. Although a Mexican-led resolution calling on the Office of the High
Commissioner to evaluate the effect of counterterrorism measures on the
enjoyment of human rights appears likely to be adopted, the Commission
failed to establish a much-needed independent mechanism to monitor the human
rights impact of the law and practice of individual states in their
anti-terrorism drives.
'
A number of the Commission's most able and independent experts came under
withering personal attack by members of the Commission, angry because the
experts had exposed allegations against those States in their reports to the
Commission. Algeria alarmingly suggested that no experts should be allowed
membership of any non-governmental organisation.
In spite of the system-wide threats, some notable gains were achieved,
including some for which the ICJ had has long worked. The Commission
confirmed the establishment of a working group to discuss an optional
protocol to the International Covenant on Economic, Social and Cultural
Rights to allow for an individual complaint mechanism. It also adopted a
resolution to continue procedures on establishing principles for reparations
and seemed ready to appoint an independent expert to finalise work on
principles against impunity.
These positive aspects notwithstanding, the ICJ is deeply troubled that at
time when human rights challenges are manifest everywhere, from Guantanamo
to Zimbabwe and from Iraq to Chechnya, States are undermining a large part
of what the UN system was established to do, namely to serve as a vanguard
of human rights protection.
The first step in getting the Commission back on course is to reform the
manner in which Commission members are selected. States aspiring to
Commission membership should at the very least evince a willingness to
cooperate with the Commission's own experts and mechanisms. States such as
Algeria, Zimbabwe, Cuba, China India. the Russian Federation, and Syria are
highly active participants at the Commission and yet have often refused to
allow the organs of the Commission to visit.
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For further information, please contact Ian Seiderman (41-22-9793823 or
41-79-468-7105) or Hassiba Hadj Sahraoui (41-22-9793817). |
