Human Rights Council Needs Cooperation for Effectiveness
An increasing amount of states are ignoring UN pressure to respond to charges of human rights violations, throwing the effectiveness of the UN, and especially its Human Rights Council, into doubt.
Below is an article published by Inter Press Service:
The United Nations is disappointed that an increasingly large number of member states are either refusing to respond to charges of extra-judicial killings or have turned down requests for visits by U.N. special envoys mandated to monitor arbitrary and summary executions in these countries.
The 27 states that have so far failed to agree to visits range from Security Council members, such as
"The fact that 90 percent of countries identified as warranting a country visit have failed to cooperate with the system -- and that the (Human Rights) Council has done nothing in response -- is a major indictment of the system," said Philip Alston, the U.N. special rapporteur on extra-judicial, summary or arbitrary executions.
"No matter how grave the issue and how blatant or compromised the conduct of the relevant government," the Geneva-based Human Rights Council "remains entirely unmoved," Alston said in a 21-page report to the 62nd session of the General Assembly, which opened last week and concludes in December [2007].
He also points out that he has "long sought" to draw attention to the violations of the right to life committed by the government of
"Such executions," he noted, "have recently gathered pace and the silence of the international community can only bring discredit."
Alston said that
The only countries that have facilitated visits during the past year are
An agreed visit to
Meanwhile, six members of the Human Rights Council --
Their responses "have ranged from complete silence, through formal acknowledgement, acceptance in principle but without meaningful follow-up, to outright rejection."
On the practice of so-called "targeted assassinations", Alston said he has addressed allegations of such killings to both
"The largest challenge has been the lack of cooperation these countries have shown.
Tania Baldwin-Pask, adviser on International Organisations, International Law, and Organisations Programme at the London-based Amnesty International (AI), says this is a "chronic problem" for all U.N. human rights investigators.
"AI has consistently raised (this issue) because it is so fundamental to the functioning of the system that all member states cooperate with the special procedures. It goes to the heart of universality and non-selectivity, which so many states are keen to stress in other contexts," she told IPS.
She also pointed out that the issue of non-cooperation, whether framed in terms of mission requests or in terms of responding to correspondence, regularly features in many of the reports of the U.N. special rapporteurs.
Alston, she pointed out, has been the most persistent in seeking to draw the attention of the Human Rights Council and the General Assembly to this issue.
Regrettably, Baldwin-Pask said, the unwillingness of states to facilitate visit requests is quite common, although they have different ways in which they approach this.
She said few take the approach of
But because the Human Rights Council has no mechanism at this time to check -- state by state -- the status of mission requests, it is easy for states to simply ignore these requests.
Consequently, she said, you have states such as
And the Council, she complained, "as yet not taking action in response".
It's not only the number of visit requests either -- the special rapporteur on torture, for example, has been seeking a mission to
Citing another example, she said, it's not only the thematic mandate-holders who struggle to gain access, even country rapporteurs can find themselves unable to visit as well. The special rapporteur on
Some member states like to use the opportunity of the Council or the General Assembly to announce that they have invited a particular U.N. rapporteur to visit, which on the face of it looks as if they are willing to cooperate with the special rapporteurs, or even the Council itself -- only to postpone the mission, she added. Of course, states rarely make a public announcement about the postponement.
According to Amnesty International,
The
"The other point to note as well is that lack of cooperation in facilitating visits is one facet of a larger problem -- states should also implement the recommendations arising from such visits."
"All too often you see that states are willing to host the visit but then take no action to follow up on the recommendations," said Baldwin-Pask.