The UN Commission on Human Rights
79. The UN Commission on Human Rights (UNCHR) is
the UN's main forum for the discussion of human rights. It has
53 members, elected by the wider UN membership, and meets annually
in Geneva in March or April each year to, "examine, monitor
and publicly report either on human rights situations in specific
countries or territories or on major phenomena of human rights
violations worldwide."[165]
The Annual Report indicated in its chapter on 'Human Rights and
multilateral actions' that the 2002 plenary session of the Commission
was not a successful one. It described it as: "a highlycharged,
confrontational session with voting... split between developed
and developing countries."[166]
It reported that many resolutions regarded by the United Kingdom
and EU as important were defeated and that much use was made of
procedural devices to inhibit the Commission's work. The new "money-saving
directives from the UN in New York" had also apparently badly
affected the Commission's ability to tackle its heavy workload.
(This issue had been brought to the public's attention two years
ago when the then High Commissioner, Mary Robinson, resigned over
the issue of resources for the UNCHR, claiming that it was run
on "a shoe string... a frayed shoe string."[167])
80. Both Amnesty International and Human Rights Watch
expressed similar concerns over the 2002 session of the UNCHR
and the future of the Commission's work. Like the FCO, they highlighted
the time constraints imposed on the session and the resourcing
issues, but also drew our attention to the Commission's membership.
Many countries currently serving on the Commission have poor human
rights recordsAlgeria, Indonesia and Sudan, for exampleand
HRW intimated that they, "successfully fought to gain seats
on the UN body as a way of fending off criticism".[168]
HRW suggested, therefore, that members of the Commission should
face "some kind of basic hurdle" before they could be
elected: signing up to some of the basic human rights conventions,
for example, or being willing to accept visits of the Commission's
special rapporteurs.[169]
81. During the course of our inquiry, this issue
of the calibre of members of the Commission was brought to the
fore by the election of Libya as its Chair. The USA had unusually
forced a vote on the issue - traditionally agreed by consent -
but was outvoted by 33 to 3, with the United Kingdom and the EU
abstaining. Kevin Moley, the US ambassador to the UNCHR, told
reporters that he had been "deeply disappointed" at
the outcome.[170] This
incredible result seemed to confirm what HRW had told us about
the current worrying situation at the Commission. Its standing
must surely be severely diminished by these events.
82. We raised our concerns about the future of the
UNCHR with the Minister, who was particularly determined that
the FCO should do its utmost to ensure that Libya carried out
its role as Chair effectively. On the question of resources for
the Commission he told us that, "[b]efore we go committing
ourselves to increases in budgets we need to ensure... that the
money is being spent effectively"; a view with which we have
sympathy in relation to the UN. He also expressed some understandable
doubts about the possibility of instigating benchmarks for members
of the Commission through the existing decision-making structure.[171]
We are conscious, though, of what one witness described as "a
situation of rather weary shoulder shrugging" in relation
to the UNCHR's future, and wish to see concrete plans by the FCO
to help revitalise the Commission's role.[172]
We recognise that the United Kingdom is only one member of
the United Nations Commission on Human Rights and that there is
great deal to be done if the Commission is to achieve its true
potential as an international champion of human rights. However,
we recommend that in its response to this Report, the FCO sets
out clearly how it intends to assess whether the UNCHR has sufficient
resources to carry out its work and how some form of basic human
rights 'hurdle' might be introduced, in the long term, for members
of the Commission.
Setting an example
83. It is without the remit of our Committee to report
to the House on the Government's domestic human rights policies.
However, the Annual Report commented in some detail on the domestic
response to the terrorist threat and it noted that EU member states,
including the United Kingdom, needed to put their "own house
in order" as well as tackling the human rights record of
other nations.[173]
It recognised, as we do, that the United Kingdom must set a clear
example of respect for human rights in all fields, if it is to
be respected when commenting on situations abroad. It is in this
context that we noted, during our oral evidence session with the
Minister, the recent suggestion that the Prime Minister would
be willing to reconsider Britain's obligations under the European
Convention of Human Rights with respect to those seeking asylum.[174]
We are confident that our colleagues in the Joint Committee on
Human Rights (JCHR), who are responsible for the scrutiny of matters
relating to human rights in the United Kingdom, will take a close
interest in any such developments.[175]
We conclude that it is vital that the United Kingdom sets the
highest standards of respect for human rights in all areas of
public life, if its work in promoting such rights overseas is
to reach its full potential.
165 For details, see UNCHR's website: www.unhchr.ch/html/menu2/2/chr.htm. Back
166
Annual Report 2003, p 69 Back
167
"Mary Robinson to campaign outside UN", The Guardian,
24 March 2001 Back
168
"UN: many countries escape censure", HRW press release,
19 April 2002 Back
169
Q 65 [Mr Crawshaw] Back
170
"Libya to head UN rights watchdog", The Daily Telegraph,
21 January 2003, p 16 Back
171
Q 164 Back
172
Q 70 [Mr Crawshaw] Back
173
Annual Report 2002, pp 10-14 and p 75 Back
174
"'We must deal with asylum', says PM", BBC News,
19 February 2003 Back
175
See the JCHR's website at: www.parliament.uk/parliamentary_committees/joint_committee_on_human_rights.cfm. Back
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