FIDH welcomed the « potential for increased protection and universality of the principal UN body dealing with Human Rights ». Yet, the protection mandate could today be diverted if Member States of the Council do not take seriously the responsibility which was conferred to them following their accession to the Council. The Council’s effective capacity to protect is the test of its future credibility.
Potential improvements - Member States are all subject to international scrutiny
The first election showed how a number of authors of gross human rights violations refrained from putting forward their candidature, while others were not elected. The obligation for candidates to present publicly their human rights commitments (pledges) was another occasion for improvements as a number of countries committed to ratifying international human rights instruments. Yet, other States were elected while carrying a poor human rights record. They will however have to open their territory to international scrutiny, some of them for the first time, through the universal periodic review.
Challenges - guaranteeing the independence of human rights assessment
FIDH takes note of the setting-up of a "periodic review" mechanism (UPR), and welcomes it « universal » character, an examination of human rights situations in all countries, without exception, including all members of the Council. Yet, safeguards are necessary for the good functioning of such a procedure. Indeed, there is a danger that countries’ self-assessment lead to their self-absolution.
– In this respect, FIDH calls the UPR to fully base its evaluation on all the findings of the « Special procedures » (independent special rapporteurs and working groups) and other independent sources, including UN treaty-bodies and other mechanisms as well as NGOs, and only discuss measures that should be undertaken at the national, regional and international levels to fully implement the recommendations from these independent sources.
Implement now : increase protection !
– With the reform process taking much time, the UN member States have not met to discuss the situation of Human rights throughout the world since December 2005 at the General Assembly. The mandate to protect from human rights violations should be implemented as early as the first session of the Council. In particular, the reports made by the "special procedures" have not been reviewed at the last session of the Commission on Human Rights, in March 2006, nor were situations of gross human rights violations discussed.
– FIDH calls on the HRC to make sure that the special rapporteurs’ reports are updated prior to their examination, which should take place no later than September 2006 (when second session of the HRC meets). Further postponing the examination would carry a high risk to the Council’s capacity to protect, of which the Special Procedures should remain the main instrument.FIDH further calls on members of the HRC to discuss situations of gross human rights violations that have occurred over the past months, including in Darfour, Guantanamo, Iraq, Iran, Nepal, Occupied Palestinian Territories, Colombia, and Uzbekistan.
Adopt the new international instruments
Finally, this first session of the UN Human Rights Council should be the occasion to adopt the new norms that drafted by the Commission on Human Rights, in order to widen the international normative framework related to the protection of human rights.
– FIDH calls upon the members of the HRC to adopt at their first session the draft Convention on Enforced Disappearances, as well as the draft Declaration on Indigenous Peoples.