United Nations Human Rights Council

Transcription

1 United Nations Human Rights Council Background Guide Written by: Rachel Brunot, The Ohio State University The United Nations Human Rights Council (HRC) is a relatively new UN committee, founded by the General Assembly in The council is made up of 47 nations elected for three years by the General Assembly. The goal of the HRC is to make sure that people around the world know their rights and are able to use their rights freely within their native homes and throughout the world. The HRC Advisory Committee is made up of 18 independent experts who research topics like corruption, post-conflict situations, missing persons and many other human rights issues. 1 I. Loss of Human Rights in Conflicts across the Middle East Statement of the Issue The Middle East is currently in the spotlight under the international eye and in the media. In recent history, the Middle East has been filled with conflict and unrest. Some of these conflicts stem from religious differences, some are related to terrorism, and others to outside countries becoming involved in regional politics. In any conflict, there is a potential for human rights to be put in jeopardy, as governments crackdown against their citizens, which include women, minorities, refugees and others who are often already excluded by society. Conflicts themselves can cause the loss of human rights due to the dangers posed to citizens. The right to life can be infringed upon, either by military action, such as the civilians killed in Syria by both Islamic State fighters and U.S. and Russian airstrikes, or by political action to silence dissent, like the murder of activists and journalists. Of the 33 job-related deaths of journalists so far in 2018 (as of July 19), 11 of them were murders that took place in the Middle East. Another 8 of the 33 journalist deaths also took place in the Middle East but were 1 Human Rights Council. United Nations Human Rights Office of the High Commissioner Available from

2 related to crossfire from conflicts or dangerous assignments. 2 Minorities, ethnic groups and refugees can become targets for violence as well, due to the stress and distrust caused by conflict, and occasionally the root of the conflict centers on violence against a minority. 3 During times of conflict, there are often regime changes from one form of government, or one leader, to another. This can lead to loss of certain human rights related to democracy and governmental accountability. These rights include the ability to have a say in the transition of the government, the right to have a government that respects human rights by being accountable for past atrocities, and the potential for new laws that infringe upon human rights, such as freedom of expression and assembly. Freedom from discrimination for minorities and women is also an important topic, seeing how women and minorities can play important roles as activists and protestors against oppressive regimes. Too often, however, their activism during times of conflict does not translate to a voice in the new government once the conflict concludes. 4 Lastly, disruptions caused to everyday life by conflicts can have negative implications for people s economic and social rights, like the rights to work, education, social security, food security, water, adequate housing and health. Some groups of individuals, like women, minorities and people in poverty, are most prone to lose access to these rights during times of conflict. 5 Conflicts also have the potential to destabilize the government, disrupting governmental systems like social security and other types of welfare. Additionally, violent conflicts can prevent people from safely getting to school or work. This has the potential to cause a ripple effect, as it can prevent adults from earning income and can prevent others from attending school or education training. History The Middle East has a rich history, from ancient Mesopotamian times to the Ottoman Empire, which ruled from 1299 all the way up until World War I, to today s post-cold War world. The Ottoman Empire, at its peak, contained almost all of the Middle East as well as parts of northern Africa and southern Europe. By 1918, the Ottoman Empire had already been slowly losing power, and World War I caused its final collapse. However, since the Ottoman Empire had been ruling for 600 years, it created a power vacuum, which the colonial powers were quick 2 33 journalists killed in Committee to Protect Journalists Available from 3 OHCHR - Human rights programme for the Middle East and Northern Africa region. United Nations Human Rights Office of the High Commissioner Available from 4 Ibid. 5 Ibid.

3 to fill with their own influence. Similar to their approach with Africa at the Berlin Conference, the Western powers divided up the former Ottoman Empire into states. These states and new borders did not take ethnic groups, tribes, or religious sects into consideration. Many scholars point to this division as one of the roots of modern-day conflict in the Middle East. 6 The next big event in modern Middle-Eastern history was the Persian Gulf War, which began in 1990 with Saddam Hussein's invasion of Kuwait. When Hussein (then President of Iraq) refused to abide by the UN Security Council s call that he withdraw from Kuwait, the U.S., NATO allies, Egypt and several Arab nations built up a military presence in Saudi Arabia. The U.S. and allied forces destroyed most Iraqi defenses, and a ceasefire was declared in February Despite this, the peace that followed was never truly peaceful. In 2002, U.S. President George W. Bush gave Hussein an ultimatum to either step down from his role as President of Iraq or the U.S. would invade. Hussein did not step down, and the U.S. took military action, thus beginning the Iraq War. 7 In addition to this history, there is also the ongoing Israeli-Palestinian conflict to consider. When Israel was founded as a Jewish state in 1948, it was immediately recognized by the U.S., but not by many other Middle Eastern countries. This status, or lack of, led to war in both 1948 and The 1967 war left Israel in control of the Gaza Strip and the West Bank, two territories that had not originally been part of Israel and that were primarily occupied by non- Jewish Palestinians. The West Bank is currently under the jurisdiction of the Palestinian Authority, but it is under occupation by Israel, which puts the Palestinians residing there through restrictions on movement and activities. 8 Human rights violations have occurred on both sides of the conflict. The Israeli treatment of Palestinians in the West Bank takes away their freedom of movement as well as forcibly removes them from land on the West Bank. Israeli forces have also killed or incarcerated many Palestinian protestors. The military wing of Hamas is considered by some to be a terrorist organization, and they have committed suicide bombings and other human rights violations against Israel as well. 9 Another Middle Eastern conflict that remains ongoing is the Syrian Civil War. In 2011, Syrian citizens began protesting against Syrian president Bashar al-assad s regime. However, 6 Haltiwanger, John Why the collapse of the Ottoman empire explains the Middle East today, 100 years later. Elite Daily. 7 Editors of Encyclopedia Britannica. Persian Gulf War. Encyclopedia Britannica Available from 8 Beauchamp, Zach. Everything you need to know about Israel-Palestine. Vox Available from 9 Israel and Palestine: Events of Human Rights Watch Available from

4 the protests eventually turned into a full civil war between the Syrian government under Assad, with support from Russia and Iran, rebel forces, supported by the U.S., Saudi Arabia and Turkey, and the Islamic State (commonly known as ISIS). Throughout the course of the Syrian civil war, more than 400,000 people in Syria have been killed, 5.6 million have fled the country and another 6.5 million have been internally displaced. 10 Displaced people and refugees from the Syrian conflict face many human rights violations, since they have been forced out of their homes, jobs and normal lives due to unsafe conditions. Additionally, human rights violations in the Yemen conflict should be considered when addressing crises across the Middle East. In 2011, Ali Abdullah Saleh, then a longtime authoritarian president of Yemen, was forced to step down and give power to his deputy, Abdrabbuh Mansour Hadi. However, many people were not satisfied with this power transition, including former supporters of Saleh, thousands of citizens, and the Houthi militant group. These opposition groups rose up and attempted to take control of Yemen in 2015, causing Hadi to flee the country. Saudi Arabia and other Sunni-majority Arab states created a coalition to support Hadi s government, and this coalition is also backed by the U.S., UK and France. In the three years this conflict has begun, the humanitarian effects have been devastating. The UN has described it as the world s worst man-made humanitarian disaster. At least 5,558 people of the 9,245 people that have died in the conflict were civilians. According to United Nations estimates, as of August 2018, 11.3 million people in Yemen immediately require humanitarian assistance in order to survive. Only half of Yemen s 3,500 medical centers are fully functioning, and they are currently in the midst of the world s largest cholera outbreak, with over 2,200 associated deaths. 11 All of these separate Middle Eastern conflicts are causing human rights losses in an alarming rate across the region. These losses have occurred through restricting freedoms, breeding discrimination or, in the worst cases, taking away the rights to health, safety and life. Analysis An essential question to ask when discussing this topic is, why does the Middle East have such a reputation for being an area filled with conflict and human rights issues? A few characteristics that distinguish the Middle East from other regions are authoritarian regimes, oildependent economies and diversity of religious and ethnic tribes. Additionally, civil war has 10 Civil war in Syria. Council on Foreign Relations Available from 11 Yemen crisis: Who is fighting whom? BBC Available from

5 been the most common type of conflict in the Middle East since the 1950s, though international powers are often involved in internal conflicts. Some of the major factors that can help catalyze civil wars include the type of regime, ethnic relations, economic growth and development (or lack thereof) and repression. These factors boil down to three categories: unrest (repression and suffering), opportunity (enough freedom to organize and access weapons, soldiers, etc.) and identity (a common background, which promotes mobilization). 12 For the factor of unrest, the type of regime plays a big role. In the Middle East, only two states (Israel and Turkey) qualify as more or less democratic. 13 The reason for this cannot be determined, but there are some theories. One aspect that may contribute to the authoritarian regimes in the Middle East is the subordination of women. Additionally, a heavy dependence on oil for economic subsistence is not conducive to democracy. Oil wealth can easily be concentrated into the hands of a few people who control the oil, rather than being spread throughout the population, thus it is easy for authoritarian regimes to command all the wealth in an oil-dependent nation. 14 Islam as the dominant religion of the Middle East contributes largely to the identity aspect of conflict. Historically, Sunni Muslims and Shia Muslims have struggled to find peace, and the same is true today. Iran is currently the only Shia Islamic republic, while Iraq and Bahrain have Shia Muslim majorities. Most of the other Middle Eastern Islamic countries have Sunni majorities. The resentment between Sunnis and Shias can contribute to conflicts within nations as well as influencing alliances between countries. 15 As illustrated by the aforementioned examples of Yemen, Syria and Israel/Palestine, the Middle East s history of conflict and the factors that contribute to it can cause a lot of human rights violations. However, it is not always clear what role the international community should play in such situations. In 1948, the international community set forth the Universal Declaration of Human Rights, which is meant to illustrate that no matter what location or what circumstances a person is born into, they are still entitled to the same basic human rights. 16 Though this document is non-binding, it has served as a foundation for international human rights laws. The International Covenant for Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights, both established in 1976, were adopted by 164 and 167 countries, 12 Sorli, Mirjam, Nils Petter Gleditsch, and Havard Strand Why is there so much conflict in the Middle East? Conflict Resolution 49 (1): Ibid Ibid. 15 Ibid. 16 The foundation of international human rights law. United Nations Available from

6 respectively. 17 Additionally, the UN Human Rights Council is another United Nations attempt to promote human rights around the world. However, though all of these initiatives are beneficial for human rights, none of them are binding and not all countries in the world have agreed to participate. Since the UN cannot always protect people from human rights violations, the question becomes how to intervene when human rights violations are occurring and how the international community can continually support human rights in conflicts across the Middle East. Conclusion Due to the high rates of conflict in the Middle East and the fact that conflict tends to lead to human rights violations, the international community must decide how, if at all, to intervene. The United Nations and the international community has long grappled with the question of whether or not states have the right to intervene in the matters of sovereign nations if human rights violations are occurring. In 2001, the International Commission on Intervention and State Sovereignty argued that states do have sovereignty over their own affairs and are the primary guarantors of human rights to their citizens, but if they fail at that duty, then the international community may step in as the secondary guarantor of human rights. Furthermore, in September 2005, all member states attending the United Nations World Summit accepted the responsibility to prevent genocide, war crimes, ethnic cleansing, and other human rights violations from occurring within their own borders. They also agreed that the international community has a responsibility to help people affected by such rights violations first by peaceful means and then, if necessary, by force. 18 The Middle East s strategic importance and complex history makes this seemingly simple plan a lot more complicated. In many cases, human rights violations are committed by all parties involved in a conflict, and world powers choose which side to support based on future payoff and past loyalty. Thus, any UN action will need to take all sides into account and be supported universally. Questions to Consider How will a plan of action take all sides of a conflict into consideration? 17 Human rights. United Nations Available from 18 Background information on the responsibility to protect. United Nations and Outreach Programme on the Rwandan Genocide Available from

7 How will the strategic importance and oil wealth of the Middle East be taken into account? How will a plan of action both relieve immediate suffering and promote peace for the future? If a peaceful solution fails, how will the UN proceed from there? (And will all the Security Council powers agree?) Should the colonial history of the Middle East be taken into account when deciding how to intervene? If so, how? How should ethnic tensions and rivalries play a role in the plan of action? How should economic inequality and poverty play a role in the plan of action?

8 II. Progress of the Working Group on Enforced or Involuntary Disappearances Statement of the Issue First founded in 1980 for a one-year period, the Working Group on Enforced or Involuntary Disappearances has been renewed every year since to communicate with affected families, governments and other groups related to enforced or involuntary disappearances. The Working Group's method is to take complaints from individuals, NGOs or related organizations about missing persons who have not been able to be located using the resources in place. The Working Group seeks information from the government about the whereabouts of the person in question, and then reports any information back to the inquirer. An enforced disappearance, as defined by the Working Group, has three related characteristics: first, the deprivation of liberty against the will of the person, second, some forms of involvement by the government or government officials, and third, a refusal to acknowledge the disappearance or whereabouts of the person. 19 These types of disappearances are an extreme violation to human rights, because they take away the victim s freedom, dignity and, in many cases, their life. Brutality and torture are also very common in these cases. The use of involuntary disappearances as a means of repression causes many problems for victims and their families, but also for the mentality of the entire country. The victims themselves may experience brutal torture and even death, as well as extreme violations to their freedom and human rights. The International Covenant on Civil and Political Rights states that everyone has the right to security and liberty of person, and that no one shall be subjected to an arbitrary arrest or detention, two basic human rights which are clearly infringed upon when a person is abducted. 20 Victims also lose rights to privacy, dignity, freedom from torture and, in some cases, life. 21 Families of the victims experience the trauma of not knowing where their loved one is and additional emotional trauma and distress for various reasons. For the overall population of a country, common disappearances can cause citizens to develop a mindset of fear and vulnerability. Many people are afraid that they will be abducted from their homes for political reasons, and they may fear protesting or taking any form of action because it may cause them to be abducted or cause the government to inflict more harm on an 19 Working group on enforced or involuntary disappearances. United Nations Human Rights Office of the High Commissioner Available from 20 Lippman, Matthew Disappearances towards a declaration on the prevention and punishment of the crime of enforced or involuntary disappearances. Connecticut Journal of International Law 4 (121): Ibid.

9 abducted loved one. As a result, due to fear, the population of that country has no more power to speak out about repression than the victims themselves. 22 History Enforced disappearances only recently became a high priority for human rights activists. In the 1960s and 1970s, enforced disappearances became more of a high profile issue due to their prevalence in certain Central and South American countries. In Guatemala, a civil war began in 1960 and lasted all the way until 1996, with enforced disappearances occurring over the course of the war. The government targeted human rights activists, student leaders and trade unionists with enforced disappearances, using repression and deprivation of human rights as a tool to destroy insurgency. The total number of reported disappearances during the war was 6,159, but the actual number may have been as high as 45,000. Many of these cases are unsolved even today, and families may never get the answers they deserve. 23 In Chile, the rule of Augusto Pinochet saw many enforced disappearances against political opponents to his military dictatorship. Pinochet and the Chilean military overthrew leftwing socialist president Salvador Allende in From then on, Pinochet led a harsh regime, constantly seeking supporters of Allende so he could weed them out. Over 3,000 alleged supporters of Allende were killed or disappeared, and another 100,000 went into exile. This regime lasted from 1973 until 1990, and Chile is still facing repercussions today. 24 Another example of a regime that relied on involuntary disappearances is the Argentinian Junta government: in 1976, a Junta made up of military commanders overthrew the government of Isabel Peron in Argentina. The Junta then launched a war against alleged terrorism, which resulted in the involuntary disappearances of many innocent citizens. The people abducted included teachers, activists, trade unionists, journalists, lawyers and more. The number of victims is not entirely known, but as of 1988 there were still 8,960 people who had not been accounted for. 25 Later, in 1983, Argentina created one of the first agencies to combat enforced disappearances, the National Commission on the Disappearance of Persons. 26 Though all the examples mentioned here are in Central and South America, it is important to 22 Ibid. 23 City of the disappeared - three decades of searching for Guatemala's missing. Amnesty International Available from 24 Gjelten, Tom Augusto Pinochet: Villain to some, hero to others. National Public Radio Lippman. 26 Tolbert, David To prevent enforced disappearances, rethink the justice and security equation. Huffington Post.

10 note that enforced/involuntary disappearances are not confined to one region of the world or one type of regime. Today, they happen everywhere from India to China, Bahrain, Sudan and other nations. Analysis Though involuntary disappearances are often politically motivated, the Working Group does not seek to involve itself in the political affairs of any nation. Their work is solely humanitarian, as they only seek information on the whereabouts and conditions of missing persons from the government. The problem with strategy is that governments typically do not wish to reveal that they are illegally abducting citizens, so disappearances are often blamed on terrorist activities or dismissed as anti-government propaganda. At the same time, many of the missing persons are said to be terrorists themselves, who died in attacks or are living underground trying to overthrow the government. Due to the sovereignty of UN member states, the Working Group cannot directly intervene in situations regarding missing persons without the consent and cooperation of the government involved. 27 Another problem that arises in the effort to limit enforced disappearances is the positive feedback cycle that is created when people are abducted. When someone disappears without reason or warning, their family and friends wonder where they are. They may speak out and complain about the unjust disappearance. Then, activists notice what is going on and begin to organize and protest against the regime. The government then feels like they must take those family members and any witnesses to the abduction, to prevent word from spreading, and also the activists, to prevent them from subverting the regime. This can lead to additional abductions, creating an endless cycle. In terms of solving this problem, it will take a lot of cooperation from countries that often do not cooperate with the UN or international organizations. Since enforced disappearances are instigated by the governments themselves, it is difficult to get them to agree to help seek redemption and justice for victims and perpetrators. Unfortunately, in the Middle East and North Africa, an area with high rates of enforced disappearance, only Iraq and Morocco have joined the International Convention for the Protection of all Persons from Enforced Disappearances. 28 Thus, any new actions to further reduce the number of enforced disappearances will require new and creative ways of limiting enforced disappearances while either cooperating with 27 Lippman. 28 Tolbert.

11 potentially hostile governments or working around said governments without infringing on their rights to govern. Conclusion In 1992, over 10 years after the founding of the Working Group, it was clear that more action needed to be taken. The UN General Assembly passed Resolution 47/133, the Declaration on the Protection of All Persons from Enforced Disappearance. Here the UN asserted that any enforced disappearance is condemned by the UN as an offence to human dignity. It also states that nations have the responsibility to take action in combatting enforced disappearances, and that no circumstances can justify an enforced disappearance. Additionally, other nations have the responsibility not to extradite any person to a country where they may be in danger of an enforced disappearance. Families of possible victims also have the right to information about the health and whereabouts of the disappeared person and have the right to have their complaints heard and investigated by official authorities. The Declaration gives special attention to the protection of children of disappeared parents for children born during their mother s forced disappearance. 29 More recently, The Working Group transmitted 122 urgent cases, including 82 in Egypt alone, between its 113th and 114th sessions (2017) as well as 209 more cases during the 114th session (5-9 February 2018). Other countries with high numbers of cases include Pakistan, Syria, Sri Lanka and Algeria. 30 Additionally, there is a recently founded Committee on Enforced Disappearances that was established at the 2007 International Convention for the Protection of all Persons from Enforced Disappearance. 31 Given the new developments on the issue of enforced or involuntary disappearances in 1980 and 1992, as well as continued action today, it is clear that more still needs to be done. The longer time a person is missing, the less likely it is that they will be found. Many people from the Chilean and Argentinian conflicts are dead and buried in unmarked graves, and can never be identified by their families. It is imperative that the Working Group take action immediately when a person is reported missing. Ideally, the Working Group will be able to take further action in reducing the number of people who disappear in the first place as well as providing resources and information for families of the disappeared and for victims who have 29 Declaration on the protection of all persons from enforced disappearance. United Nations Human Rights Office of the High Commissioner Available from 30 Communications, cases examined, observations and other activities conducted by the working group on enforced or involuntary disappearances Working Group on Enforced or Involuntary Disappearances, Working group.

12 been located and released. Though the Working Group has been investigating this issue for almost 30 years, enforced disappearances are still happening at high rates and need to be addressed with stronger action. Questions to Consider How can the Working Group expand to address more cases of missing persons? Consider the given definition of an enforced disappearance (under Statement of the Issue). Is this definition sufficient and what implications does it have on any Working Group action? Should the Working Group consider non-governmental disappearances such as those related to terrorism or unrecognized states? How can the Working Group incentivize uncooperative countries to agree to a plan of action? How can the Working Group access remote/marginalized communities to hear their reports of missing persons? How can the Working Group take action to reduce the numbers of disappearances without infringing on the rights of sovereign nations?