IHEU statement on future UN Human Rights Council

UN Geneva

UN Commission on Human Rights
Informal one-day meeting of the UNCHR: Tuesday, 27 September 2005
Statement by Representative David G. Littman

Thank you, Mr. Chairman,

This is a joint Statement by four NGOs: Association for World Education, International Humanist and Ethical Union, Association of World Citizens, and World Union for Progressive Judaism.

Sir, we have seen in the recent governmental Summit at the UN in New York the great difficulties in modifying UN structures, be it in the fields of security, economic and social development, or human rights. Yet we can surely start by making changes in the spirit in which we work.

We would like to recall the crucial challenge of the greatly mourned High Commissioner for Human Rights, Sergio Vieira de Mello - tragically slaughtered with his colleagues in Baghdad two years ago whose groundbreaking Report: E/CN.4/2003/14 contains a most pertinent introduction. Already, in a joint statement on behalf of four NGOs to the Commission - two years ago on 21 March 2003 - and at the open-ended informal consultation three months ago, on 20 June, we quoted from it and we shall do so again today, because his words were a harbinger of the gathering storm that resulted in the likely General Assembly decision to replace the discredited UNCHR with a more responsible Council:

"Membership of the Commission on Human Rights must carry responsibilities. I therefore wonder whether the time has not come for the Commission itself to develop a code of guidelines for access to membership of the Commission and a code of conduct for members while they serve on the Commission. After all, the Commission on Human Rights has a duty to humanity and the members of the Commission must themselves set the example of adherence to the international human rights norms - in practice as well as in law." (Point 5)

We again wholeheartedly, endorse the conclusion:

"Without universal respect for human rights, the vision of the Charter - of a world of peace grounded in respect for human rights and economic and social justice - will remain an illusion. Let us vindicate the Charter's vision by being faithful to the universal implementation of human rights. In doing so we shall continue in the direction of history, rather than allowing ourselves to be diverted from the course we know to be just." (Report, para. 55)

We should always proclaim that this "universal respect for human rights" is enshrined in the 1948 Universal Declaration of Human Rights, and in no other counterfeit Declarations with spurious claims to universality. Our human rights work must bring out the highest aspirations of people, including being the voice for the people who currently live under authoritarian and undemocratic governments. Governments have a key role to play, but as NGO representatives we also need to improve our methods of work and the contributions we can make to this noble task.

NGOs are a unique link between the local level where many human rights violations are committed, the national level where policy decisions are made, and the UN level where we are now active in setting standards, in monitoring and in proposing new avenues of action. Thus, the ability of NGOs to work effectively must build upon our current methods.

  1. We would like to stress the importance of continuing the restructuring that should build upon the earlier contributions of NGOs, and so should continue to facilitate NGO efforts through oral presentations, written statements, and structured discussions with government representatives, Special Rapporteurs, and the Secretariat. The possibility for NGOs to organize seminars & briefings should continue. NGOs should be able to make available their documentation and relevant publications. NGOs must be the sole judge of their representatives to the Human Rights sessions. The number of representatives should not be limited except for reasons of space. There should be no distinction made based on the ECOSOC category held by an NGO.
  2. There is a need to continue the informal discussions between NGO representatives, legal scholars, and the Secretariat that was initiated over twenty years ago by the then director of the Centre for Human Rights, Theo van Boven.
  3. There is also a need to increase the contribution of Law Schools and other academic institutions that have research capacities for human rights efforts. Such cooperation should be developed, and research programmes organized in common between the Secretariat, academic institutions and NGOs.

We would like to add an appeal regarding the necessary spirit in which we work. Human rights deal in specific violations rather than in generalities, so that it inevitably creates tensions. Diplomatic courtesy has usually limited personalized attacks against diplomats representing States, even those in antagonistic positions. Unfortunately, such diplomatic courtesy is not always extended to NGOs and their representatives, who are sometimes attacked by name, and aspersions made as to their honesty or loyalty. We addressed this issue in some detail two years ago in a written statement: E/CN.4/2003/NGO/229: "Improving UNCHR/NGO relations: an end to ad hominem attacks on NGO and other representatives". Unfortunately, another serious case took place at the recent 57th session of the Sub-Commission, which tarnished the reputations of those members of the Sub-Commission who by-passed the rules of procedure to make unacceptable ad-hominem attacks. Full documentation regarding this incident is available at www.iheu.org/uncampaign including the formal complaint to the Chairman, which was circulated at the Sub-Commission and copied to the High Commissioner and UNCHR Chairman.

We wish to quote, in this same context, the firm recommendations of the Chairperson of the 59th session of the Commission, Libyan Ambassador Najat A-Hajjaji, spoken at the 10th meeting (2003) of Special Rapporteurs and Representatives, [independent experts, and chairpersons of Working Groups of the Special Procedures of the Commission on Human Rights and of the Advisory Services Programme (23-27 June 2003)]:

"I would like to exhort all of you to continue your work. Speak freely as you have done in the past. Continue to do so in the interest of truth, of justice, irrespective of the pressure that is brought to bear upon you by Governments. Even if what you say is contrary to the interests of the Government, there are thousands, millions, of victims, who look upon the Commission, the special procedures, as the conscience of humanity. So I would just like to exhort you once again, urge you, to continue...Stand firm, let nothing stand in the way of truth." (E/CN.4/2004/4, para. 44, p.14)

In that same spirit, and in the hope that the future Council will live up to all our expectations, we conclude with our belief: Magna est veritas et praevalebit. ("Truth is powerful and will prevail.")

Thank you, Mr. Chairman.