Geneva, February 6, 2007
Thank you Mr. Facilitator,
The International Federation for Human Rights welcomes some of the progress highlighted in the elements of convergence of your draft non-paper. The FIDH would like to reiterate that the Special Procedures should not be weakened by controlling their method of work. Their role is to evaluate the behaviour of governments in implementing the obligations to which they have subscribed. As referred to NGOs joint submission at the 3rd Session of Human Rights Council:, “the independence and expertise of Special Procedures must be preserved through maintaining the mandate-holders’ ability to establish and develop their own working methods.” And as the EU and Swiss delegate have pointed out, the Manual for Special procedures already ensures greater coherence and accountability of Special procedures. Governments by definition - and by their near political nature - cannot be independent in their approach to determining how an independent mandateholder should function.
Given that, FIDH believes that Special procedures must maintain both country and thematic mandates. When there are massive and systematic violations in a country, the thematic rapporteurs alone cannot adequately document these violations; it is necessary to develop monitoring mechanisms which are dedicated to that country. It is worth recalling that many country resolutions have in the past proven their success, e.g. for instance Chile and South Africa which after facing international pressure, finally engaged in a democratic process.
Finally, in the debate thus far, little attention has been given to the absence of cooperation with Special Procedures. Non-cooperation should not be accepted. Today, a great number of States, including members of the Council, refuse to invite the Special procedures for country visits. This seriously undermines the universality of the mandate of the Special Procedures. FIDH believes that non-respect of the obligation of cooperation should be sanctioned.
Thank you for your attention Mr. Facilitator.