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Don't Lament the Council: Lament the          Lack of Leadership
    November 2006

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I don’t know whether to laugh or cry about the Globe’s editorial on the UN Human Rights Council on November 24, 2006. On the one hand, the Globe took the Council seriously enough to write an article about it. On the other hand, the Globe was unsypathetic to UN difficulties, focused on one part of the Council's work and offered no real solution to the difficulties.

The Globe acknowledged, with provisos, that “Israeli policies that imperil civilian lives are fair game for human rights panels”. On the negative side, the Globe essentially sided with the US Ambassador who: “rightly called the council’s obsessive focus on Israel a waste of limited resources …” The Globe concluded that the Council is “pandering to the anti-Israeli and anti-Western sentiments of a majority of its members, coddling those with lousy human rights records and deliberately avoiding cases of major rights violations that certain influential members find politically unpalatable to tackle.” This misses the point – and a big part of the whole story.

The Human Rights Council is a political body working on a full range of human rights activities. The naming of countries like Israel for specific reports is only a part of the agenda. Since the days of the generals in Argentina, this has been the difficult part of the agenda – countries working hard to avoid any kind of country-based study. But the Council is also the body which maintains, receives and recommends on reports from a range of Rapporteurs and Working Groups on thematic topics like torture or arbitrary detention. It receives reports and advises by resolution on the work of UN human rights treaty committees. It overseas human rights advisory services in a range of countries and it carries out thematic studies on topics like human rights and terrorism. As the Globe notes, Western countries do not control the agenda. So the message is simply that Israel was the point around which majority agreement could be reached on the most difficult agenda item. There is a possible message here. The West has lost any moral advantage which it might have used as leverage.

Too many Western countries promote rights elsewhere and don’t promote rights for everyone at home. Almost every country has some human rights problem and the human rights treaty committees examine these problems among signatory countries systematically in turn. Countries have different capacities to meet their human rights challenges. Western countries have considerable capacity. Western countries rightly accuse other countries of not fully ensuring women’s full enjoyment of their rights. But some non-Western countries are encouraging the rights of migrants – non-citizens – which Western countries choose to turn a blind eye to, Canada among them. There has been almost no formal follow up to the last two reports and recommendations to Canada from the UN Human Rights Committee. Canada has ignored requests from the UN Committee against Torture not to deport non-citizens whose cases the Committee wished to examine because they involved a risk of consequential torture.

Don’t lament the UN Human Rights Council. Lament the lack of well endowed countries willing to take a lead in advancing human rights for groups under their jurisdiction they find inconvenient!

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