HAMUN 44 UNHRC Topic B: Strategies for Reforming the UN Human Rights Council

Transcription

1 HAMUN 44 UNHRC Topic B: Strategies for Reforming the UN Human Rights Council

2 Letter from the Dais Welcome to the 2019 Houston Area Model United Nations conference! We are pleased to welcome you to the Human Rights Council (HRC). This year s Director is Angelina Leal. Angelina is pursuing a B.A. in Psychology in preparation for law school. She was a delegate on the Human Rights Council at the 2018 National Model United Nations conference in New York. The topics under discussion for the Human Rights Council are: 1. The Civil and Political Rights of Economic Migrants 2. Strategies for Reforming the UN Human Rights Council. The Human Rights Council is an intergovernmental organization within the United Nations system that is responsible for efforts to protect human rights and prevent human rights abuses. The HRC is concerned with implementing the Universal Declaration of Human Rights as well as other conventions. It is a subsidiary body of the General Assembly, and its mandate allows it to take measures to address and assist in ending all human rights violations. While this background guide introduces the topics for this committee, it is not intended as a comprehensive source. We encourage you to explore each topic in depth with your own research and learn your Member State s positions and policies regarding each topic. Learning the policies and actions taken by blocs in your Member State s region will also aid you in finding common ground with other Member States in committee. Relevant UN resolutions may also help you to understand the topic on a global scale. The works cited in this background guide can serve as a starting point for your research. We wish you all the best in your preparations and look forward to seeing you at the Conference! Angelina Leal, Director Committee Background The Human Rights Council was created in March 2006 by the UN General Assembly, by resolution 60/ This was to replace the Commission on Human Rights (CHR), an intergovernmental body created in 1946 to address human rights issues that was criticized for ongoing controversy. 2 The HRC mandate had a broader scope of action, allowing it to do more than the CHR. 3 In 2011, the HRC was reviewed to ensure that all its mechanisms and frameworks were working smoothly and efficiently. 4 The review found the HRC to be strong and largely well-functioning, which led to its preservation as a subsidiary of the General Assembly. 5 The General Assembly, in resolution 60/251, mandates the HRC to promote universal respect for the protection of all human rights and fundamental freedoms, address situations of human rights violations, promote human rights education, serve as a forum on thematic human 1 UN General Assembly, Human Rights Council (A/RES/60/251), UN DPI, General Assembly Establishes New Human Rights Council by vote of 170 in Favour to 4 Against, with 3 Abstentions (GA/10449), UN General Assembly, Human Rights Council (A/RES/60/251), UN General Assembly, Review of the Human Rights Council. 5 UN DPI, Five Years after Creation, General Assembly Maintains Human Rights Council as Subsidiary Body, Concluding Review of Work, Functioning (GA/11101), 2011

3 rights issues, contribute through dialogue and cooperation towards the prevention of human rights violations, respond promptly to human rights emergencies, and work in close cooperation with governments, regional organizations, national human rights institutions and civil society. 6 Three documents guide the HRC in its recommendations by outlining the fundamental obligations that Member States have to international human rights law. These documents are the International Bill of Human Rights, the International Covenant on Economic, Social, and Cultural Rights (ICESCR) (1966), and the International Covenant on Civil and Political Rights (ICCPR) (1966). 7 The 2030 Agenda for Sustainable Development, (2015) and the 17 Sustainable Development Goals (SDGs) also guide the work of the HRC. 8 The HRC adopted resolution 5/1 in 2007 which established mechanisms and structures to guide its program of work, rules of procedure, and other operational functions, as well as establishing the Special Procedures, the Universal Periodic Review, and the Complaint Procedure, which are the main powers of the HRC. 9 Special Procedures are mechanisms that enable independent parties to report, monitor, and and advise on country-specific or thematic situations for the HRC. 10 During a Universal Periodic Review, each Member State of the UN submits to a periodic review to assess the fulfillment of its human rights obligations. 11 The General Assembly elects the 47 Member States through a majority vote. Each member state s term lasts three years, which are all staggered. 12 These 47 states are distributed in regional groups: 13 from Africa, 13 from Asia, 6 from Eastern Europe, 8 from Latin America and the Caribbean, and 7 from the Western European and Others group. 13 Issue Commission on Human Rights Human Rights Council Body that elects members ECOSOC- 54 members General Assembly- 191 Method of Election Members selected by groups and elected by acclimation Individual and direct vote by all members Election Majority Simple majority- 28 votes or less Absolute majority- 96 votes Meetings in a Year One No fewer than three Session Duration Six weeks No fewer than ten weeks Special Session Requirement Majority of members One-third of members Election Candidate Criteria None Voluntary pledges; promotion and protection of all human rights Member Commitments None Submit to UPR, full 6 UN General Assembly, Human Rights Council (A/RES/60/251), UN OHCHR, Fact Sheet No.2 (Rev.1), The International Bill of Human Rights, UN General Assembly, Transforming our World: The 2030 Agenda for Sustainable Development (A/RES/70/1), UN OHCHR, Working with the United Nations Human Rights Programme: A Handbook for Civil Society, 2008, p UN OHCHR, Special Procedures of the Human Rights Council, UN OHCHR, Working with the United Nations Human Rights Programme: A Handbook for Civil Society, 2008, p UN OHCHR, Welcome to the Human Rights Council, UN DPI, General Assembly, by Secret Ballot, Elects 15 Member States to Serve Three-Year Terms on Human Rights Council, 2017.

4 cooperation with council Term Limits None No more than two consecutive terms every 3 yrs Source: UN DPI, General Assembly Creates New Human Rights Council, 2006 Statement of the Problem In an echo of the criticisms of the CHR, many who work with the HRC have voiced ethical concerns about the credibility of the Council. 14 One of the current criticisms of the HRC is that many member states who are on the council are guilty of gross and systematic human rights violations, and thus are not able to review other member states without bias. 15 In a Recent conference, it was noted that many states who seek to be on the council are doing so to defend against being called out for human rights abuses, giving themselves immunity. 16 These states are often elected multiple times while smaller states and LDCs and SIDS are not being elected, and in fact never even stand for campaign. 17 It has been said that these countries are so small and underdeveloped that they would not be able to handle the workload and duties required of a council member. 18 This is unfair because those on the council have 14 Human Rights Watch, Strengthening the Human Rights Council from the Ground Up, Ibid. 16 Ibid. 17 Universal Rights Group, Issues paper on Council membership and elections: promoting universality, legitimacy, diversity, an inclusiveness, Ibid.

5 access to resources that can help them improve the state of human rights in their countries, but if LDCs and smaller countries cannot make it onto the council, they aren t getting resources that they need. 19 This also blocks their perspective about human rights issues to be shared on a wide platform, leaving the same set of countries to dominate the dialogue. 20 Another problem is that the Human Rights Council has so many reports and special mandates and investigations as well as resolutions and panels, that it is impossible for member states to actually consider each resolution, each document, each initiative thoroughly. 21 The workload that the HRC has taken on has increased since its foundation to levels that are difficult to manage with efficiency and attention to detail. 22 A growing concern is the matter of member states limiting civil society access to and participation in the council. 23 The HRC is supposed to have input from civil society, individuals, and NGOs, but to prevent human rights abuses from coming to light, some states prevent civilians from accessing the resources they need to speak out. 24 History of the Problem The UN created the Commission on Human Rights in 1946 with the intention of connecting the international laws protecting human rights in all countries. 25 The CHR served as a forum for those members, other countries, non-governmental organizations, and individuals to speak out about human rights issues and violations. 26 The Commission was repeatedly criticized for having members with dubious human rights records, including states whose representatives had been elected to chair the commission. 27 (9) The desire of states with problematic human rights records to be elected to the Commission was viewed largely as a way to defend themselves from such attacks. 28 (10) This led to a lack of credibility with the public, and in 2006, the GA voted to replace the CHR with the HRC in resolution 60/ The founding resolution of the HRC anticipated that states on the council may commit gross and systematic human rights violations, much like the member states of the CHR, and so included a provision that such states can have their membership rights suspended. 30 Unfortunately, despite multiple member states having such violations, this provision has only been utilized once since the establishment of the HRC. 31 Libyan membership rights in the HRC 19 Ibid. 20 Ibid. 21 Human Rights Watch, Strengthening the Human Rights Council from the Ground Up, Ibid. 23 Ibid. 24 Ibid. 25 OHCHR, Introduction, Ibid. 27 Crosette, A Disappointing Record: Will the new Human Rights Council take its mandate seriously? Ibid. 29 Ibid. 30 UN General Assembly, Human Rights Council (A/RES/60/251), UN General Assembly, General Assembly Suspends Libya from Human Rights Council, 2011.

6 were suspended in 2011 due to the gross and systematic human rights violations committed by Libyan authorities. 32 There has also been a history of member states refusing to cooperate with mechanisms to protect human rights. 33 One example is Ethiopia, which refused requests by numerous special procedures to visit for over a decade, even while they had the Vice President seat on the human rights council. 34 The HRC does not have the power to override such a refusal, a problem that member states often take advantage of. 35 The concluding statement of the 32nd session of the HRC included principles articulated in a joint statement delivered by Ireland on behalf of 32 states from all regional groups. 36 This statement highlighted criteria that could be used to help the council determine whether a developing situation needs attention to prevent it from becoming a source of major human rights violations. 37 The HRC has notably spent more focus on managing current and post-conflict human rights abuses and far less focus on prevention. 38 This is a step towards the HRC mandate to respond promptly to human rights emergencies specified in GA 60/251, rather than waiting for the situations to escalate and cause extensive harm. 39 The Irish Principles were further endorsed by a cross-regional group of 48 States in a joint statement delivered by the Netherlands at the Council s 35th session in June Since the establishment of the HRC, there has been a marked rise in the amount of work that it does. In 2008, the council adopted 76 texts, and in 2014 it adopted 112. The costs related to the adoption of those 112 texts was 19 million USD, which was new costs not already covered by the regular budget. 41 The council mechanism work has also increased, now with 78 mandate holders reporting to the Council annually. 42 In 2007, there were two panel debates, and in 2014 there were The OHCHR has been asked to compile an increasing number of reports. The council considered 207 in But this raises an important question, can states actually thoroughly read and consider more than 200 reports a year? Can states truly interact with special procedures in an interactive dialogue when they only have three minutes to do so? Do states have the capacity to implement more than 100 texts per year? And what use do these texts have if they cannot be thoroughly read and implemented due to the sheer number of them? Because of this noticeable 32 Ibid. 33 Human Rights Watch, Addressing the Pervasive Human Rights Crisis in Ethiopia, Universal Rights Group, Issues paper on Council membership and elections: promoting universality, legitimacy, diversity, an inclusiveness, Human Rights Watch, Strengthening the Human Rights Council from the Ground Up, Ibid. 37 Ibid. 38 Ibid. 39 Ibid. 40 Ibid. 41 Universal Rights Group, Issues paper on methods of work, agenda and programme of work, and the review of mandates, Ibid. 43 Ibid. 44 Ibid.

7 rise in workload, there have been calls for efficiency and streamlining within the processes of the HRC. 45 Current Situation In 2018, Amnesty International, Human Rights Watch, and the International Service for Human Rights convened a dialogue, bringing together national and regional level actors with a cross-regional group of State representatives, OHCHR officials and international civil society organizations, to discuss opportunities and priorities for strengthening the Council s human rights impact on the ground. 46 In regards to Special Procedures, concerns were raised about the time lag that often exists between country visits and Council reporting which may reduce momentum, and diminish the preventive and early warning value of Special Procedures in-country work. 47 A number of participants felt that thematic resolutions are rarely effectively communicated, and that the thematic content is often abstract, not accompanied by measurable or implementable goals, or insufficiently applied to specific country situations. 48 Some pointed out that attempts to seek additional resources to meet the Council s current budget shortfall had been blocked by the same States now seeking to use the budget shortfall to cap civil society participation. 49 There was also some consideration of the practical barriers to access to the Council and its mechanisms, including lack of awareness, the cost of participation, and the failure to adequately address the participation needs of certain groups for example children, victims/survivors and human rights defenders at high risk of reprisals. 50 The costs involved in attending a session in Geneva were identified as a significant barrier to access, especially for civil society and human rights defenders based in the Global South. 51 In June 2018, the United States quit the Human Rights Council, and Ambassador Nikki Haley called the HRC hypocritical and said that it makes a mockery of human rights. 52 The problems that the US cites with the HRC is that it elects member states to the council that have questionable human rights records. 53 Another problem is that Israel is the only country subject to a permanent, standing agenda item where the treatment of Palestinians is scrutinized. 54 In 2017, HRC resolutions were passed sanctioning Israel, but none were passed sanctioning Venezuela, which is the site of political violence and murder, mismanagement of the economy leading to scarcity of basic goods and starvation, and a migrant crisis due to citizens trying to flee to safer and prosperous countries Human Rights Watch, Strengthening the Human Rights Council from the Ground Up, Ibid. 47 Ibid. 48 Ibid. 49 Ibid. 50 Ibid. 51 Ibid. 52 BBC News, US quits biased UN Human Rights Council, Ibid. 54 Ibid. 55 Ibid.

8 The withdrawal follows President Trump s meeting with North Korean leader Kim Jongun without discussing the major human rights violations being committed in North Korea. 56 Many officials and countries made statements about the US withdrawal, expressing dismay that the US has chosen to disengage instead of remaining in the HRC and trying to reform it from within. 57 Israel alone has been in favor of the move, with Prime Minister Benjamin Netanyahu praising the decision on Twitter. 58 However, the US is not alone in criticizing Agenda item 7. Two secretary-generals, Kofi Annan and Ban Ki-moon, as well as former HRC president Doru Costea, and Britain s foreign secretary Boris Johnson have all expressed concern about the disproportionate focus on Israel s treatment of Palestinians. Ted Piccone, who testified before the US Senate Committee, suggests moving Israel s agenda item to a regular agenda item that deals with country situations, and to reduce the number of resolutions for Israel to a manageable and proportionate size. 59 He believes a serious negotiation should be held by the High commissioner for Human Rights, with mediation by other states, to bring Israel, Palestine, and the Arab States together to find a solution. 60 The December 1st conference in Human Rights Council strengthening provided a forum for a wide range of interested states and NGOs to offer their perspectives. 61 The conference made the point that evidence-based improvements in a number of areas is needed to bring efficiency and effectiveness to the HRC. Such areas include working methods, the agenda and program of work, the effective delivery of capacity building and technical support, improving membership criteria and principles, support for domestic implementation, safeguarding access and enhancing participation of civil society actors, and shifting the Councils methods of dealing with human rights violations from reaction to prevention. 62 Discussion Questions Some questions to guide your research: How can we eliminate the loopholes that allow member states to prevent themselves from being held accountable for human rights abuses? How can we preserve national sovereignty while working to protect those who are victims of human rights abuses by their governments? How can the workload be streamlined or reduced without failing to address human rights violations that are brought to our attention? 56 Ibid. 57 Ibid. 58 Ibid. 59 Piccone, Assessing the United Nations Human Rights Council, Ibid. 61 Human Rights Watch, Strengthening the Human Rights Council from the Ground Up, Ibid.

9 How can we help civil society overcome the barriers of travel costs, fear of retaliation, and deliberate prevention of access that keeps them from interacting with the human rights council? What does civil society need to overcome these barriers? What are some methods to help SIDS and LDCs obtain seats on the Human Rights Council and how can they be assisted in carrying out HRC duties? Blocs FIDH (International Federation for Human Rights) is an international human rights NGO federating 184 organizations from 112 countries. 63 It acts at national, regional and international levels in support of its member and partner organizations to address human rights abuses and consolidate democratic processes. Its work is directed at States and those in power, such as armed opposition groups and multinational corporations. Its primary beneficiaries are national human rights organizations who are members of FIDH, and through them, the victims of human rights violations. 64 FIDH s UN advocacy program aims at enhancing the participation of civil society from all over the world in the UN human rights system in order to (among other goals) strengthen civil society s capacity to utilize, and interact with, UN human rights bodies and mechanisms and increase the monitoring capacity and protective role of the UN human rights system through timely and appropriate responses to human rights crises and patterns of violations and abuses. 65 The European Union observes a commitment to human rights as listed in the EU Charter of Human Rights, and holds human dignity, freedom, democracy, equality, and rule of law as integral values. 66 The member states of the EU must fit the economic and political requirements known as the Copenhagen criteria, which require them to be democracies with respect for human rights that are listed in the UDHR and other documents. 67 According to Freedom House, an organization that investigates countries and rates them based on their political freedoms, all the member states of the EU are classified as free. 68 Despite the differences in size and economy of member states, citizens in the EU all have equal rights under the law. 69 The EU can be used as a model for their methods of using criteria to prevent states that abuse human rights from enjoying the benefits of being an EU member. References Freedom House 63 FIDH, The Worldwide Human Rights Movement, Ibid. 65 Ibid. 66 EU, The EU in brief, EU, Countries, Ibid. 69 Ibid.

10 Founding Resolution of the Human Rights Council, A/RES/60/251 The International Covenant of Civil and Political Rights The International Covenant of Economic and Social Rights The Universal Declaration of Human Rights Human Rights Watch Office of the High Commissioner for Human Rights The European Union Application Delegates participating at HAMUN assume the role of a foreign diplomat or expert of the government or NGO they have been assigned to. Professional diplomats conduct themselves and regard one another with the utmost dignity and respect, regardless of foreign policy affiliation or personal beliefs. Even delegates who have extremely different ideological perspectives work closely together within the UN on diplomatic matters of mutual concern. Decorum is the de facto rule during the simulation. It is imperative that all delegates arrive well-versed in the dynamics of the position taken by the state or NGO they represent. When writing position papers, delegates should strive to include information regarding work done and policies observed by not just the Member State or NGO they represent, but work done and policies on a regional and international scale. Statistics should be included with facts when applicable. Delegates may want to research what the real-life leaders and experts of the Member State or NGO have communicated on the topic in order to realistically act as a representative at HAMUN. Delegates should exhibit the ability to negotiate and compromise, demonstrate leadership, and to influence by gaining the professional respect of fellow delegates. Delegations maintain specific and adaptive policy methods and goals to allow delegates to participate in the negotiation process. Member states often organize in groups with a variety of different purposes and memberships. Groups will form by either delegations with similar views, or delegations whose governments are interested for different reasons in having similar positions. Delegates should practice public speaking and presentation of policy statements prior to arrival at the conference. Learning the rules of procedure is also vital and will greatly aid delegates in their participation in conference. Citations BBC News. UN quits biased UN human rights council, Accessed 11 December Crossette, Barbara. A Disappointing Record: Will the new Human Rights Council take its Mandate Seriously? America The Jesuit Review, Accessed 11 December EU, Countries, Accessed 11 December EU, The EU in brief, Accessed 11 December

11 FIDH, The Worldwide Human Rights Movement, Accessed 11 December General Assembly Plenary. Five Years after Creation, General Assembly Maintains Human Rights Council as Subsidiary Body, Concluding Review of Work, Functioning Accessed 9 December General Assembly Plenary. General Assembly Esatablishes New Human Rights Council By Vote of 170 in Favour to 4 Against, With 3 Abstentions, Accessed 9 December General Assembly of the United Nations, President of the 65 th Session. Review of the Human Rights Council, Accessed 9 December Human Rights Watch. Addressing the Pervasive Human Rights Crisis in Ethiopia, Accessed 11 December Human Rights Watch. Strengthening the Human Rights Council from the Ground Up, Accessed 11 December UN DPI, General Assembly, by Secret Ballot, Elects 15 Member States to Serve Three-Year Terms on Human Rights Council, Accessed 9 December UN General Assembly, General Assembly Suspends Libya from Human Rights Council, Accessed 11 December UN General Assembly, Transforming our World: The 2030 Agenda for Sustainable Development (A/RES/70/1), December UN OHCHR. Fact Sheet No.2 (Rev.1), The International Bill of Human Rights, Accessed 9 December UN OHCHR, Introduction, United Nations Human Rights Council, Accessed 11 December UN OHCHR. Special Procedures of the Human Rights Council, Accessed 9 December UN OHCHR. Welcome to the Human Rights Council, Accessed 9 December

12 UN OHCHR. Working with the United Nations Human Rights Programme: A Handbook for Civil Society, Accessed 9 December Universal Rights Group. Issues paper on Council membership and elections: promoting universality, legitimacy, diversity, and inclusiveness, Human Rights Council Reform, Accessed 11 December Universal Rights Group. Issues paper on methods of work, agenda and programme of work, and the review of mandates, Human Rights Council Reform, Accessed 11 December Piccone, Ted. Assessing the United Nations Human Rights Council, Brookings, Accessed 11 December