Governments erode legitimacy and credibility of UN Human Rights Council
15 June 2009 2:36 am

On 11 June 2009, 35 organisations
appealed to all the member states of the UN Human Rights Council to act
"responsibly and respectfully". Their letter below says that the
governments are "severely eroding the Council's legitimacy and
credibility" by "attacking" and "threatening" Special Rapporteurs, while
manipulating the Special Procedures.

On 11 June 2009, 35 organisations
appealed to all the member states of the UN Human Rights Council to act
"responsibly and respectfully". Their letter below says that the
governments are "severely eroding the Council's legitimacy and
credibility" by "attacking" and "threatening" Special Rapporteurs, while
manipulating the Special Procedures.

We
are civil society organizations from throughout the world that have contributed
to the Human Rights Council and its work since its establishment. We have
observed with increasing concern developments in the Council, including at the
current 11th Session, that are undermining the work of the Council's
Special Procedures. This session has seen extraordinary personal attacks by some
States on the integrity of mandate holders and specific threats to their
independence.

The attacks at this session of the
Council have focused in particular on the current Special Rapporteurs on freedom
of _expression and on extrajudicial, summary or arbitrary executions. These
particular Rapporteurs were subjected to threats of disciplinary action because
they offered their expert analysis and recommendations on important human rights
issues that they brought to the attention of this Council in the proper exercise
of their mandates.

Many States engaged in this conduct.
Some States have been more direct than others in their threats to
remove mandates holders from their functions if they fail to conform to those
States' particular interpretation of the experts' mandates. There has been what appears
to be a coordinated effort to intimidate Special Procedures, individually and
collectively.

We
view these attacks and threats as fundamentally an attack on and threat to the
Council itself and they are severely eroding the Council's legitimacy and
credibility.

We understand
that any State that is criticised by a mandate holder will feel the need to
respond. We accept its entitlement to endeavour to rebut criticism, to correct
any errors and misunderstandings, and to argue its case. It is normal that a
State will also offer its interpretation of a Special Procedure mandate. It
should do so, however, respectfully and with appropriate measure, just as the
mandate holder is required by the Special Procedures Code of Conduct to act with
respect and appropriate measure.

Contrary to
this approach, however, there is an escalating tendency among too many States to
utilize the Special Procedures Code of Conduct as the basis for political
attacks on the independence of individual Special Procedures and the entire
Special Procedures system. Too often any difference of views about a situation,
a mandate or a recommended course of action is turned into an issue of the Code
of Conduct. This is a highly selective interpretation of the Code of Conduct,
ignoring its fundamental requirement that States refrain from undermining the
independence of the Special Procedures mandate holders.

The
misuse of the Code of Conduct was anticipated when it was being debated by the
Council in its first year. Many States and NGOs argued at the time that the Code
needed to be complemented by a Code of Conduct for States. Experience since then
has established that need beyond doubt. States should be required, in the words
of General Assembly resolution 60/251, 'to cooperate fully' with the Council's
Special Procedures. To bring a proper balance back to the Council's relations
with its Special Procedures, the Council must urgently commit to, develop and
adopt a Code of Conduct for States to guide them in their cooperation with the
Special Procedures.

We therefore
appeal, in the strongest terms, to member and observer States to act more
responsibly and respectfully in their relations with Special Procedures and
refrain from all attempts, by word or action, to interfere with the independence
of mandate holders or to otherwise undermine their work.

We further
call on all States to act in good faith to ensure that the long-term integrity
and credibility of the Human Rights Council itself are not sacrificed to
political expedience.

(Photo courtesy of UN)