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Canada must ensure new Human Rights Council avoids pitfalls of the past

MONTREAL – May 11, 2006 – Rights & Democracy welcomes Canada ’s election to the United Nations Human Rights Council and calls on the Government of Canada to ensure that the new institution improves on the weaknesses of its predecessor, the United Nations Commission on Human Rights.

Overall, the first election has shown improvement in the selection of members. For the first time there has been a contest between countries outlining how they will contribute to the improvement of human rights. Also, the elections procedures have discouraged States with the worst human rights record from running for election (i.e. Sudan , Zimbabwe , etc.). Unfortunately, some elected states still have a record of serious human rights violations or failure to cooperate with human rights mechanisms established by the Commission. However, these members will be subject to the new universal periodic review and will be under international scrutiny. Canada , as a member of the inaugural Council, must ensure that these States do not dilute the Council’s efforts to adopt high human rights standards and effective enforcement mechanisms.

Rights & Democracy is encouraged by Foreign Affairs Canada’s assertion that Canada’s membership on the Human Rights Council will allow for  “a valuable contribution to [the Council’s] important work in establishing and enforcing human rights standards.” The establishment and, more importantly, the enforcement of such standards is vital if the Council is to avoid the controversies that plagued the Commission on Human Rights, notably its tolerance of members known for their abuse of human rights.

The first session of the Human Rights Council, which is set to begin on June 19, will be a critical period as the new body sets out to establish its credibility, develop its structure, and refine and enforce its mandate. Canada must be fully implicated in the development of the procedures and working methods that will determine how the Council operates. In particular, Canada should ensure that the Council maintains the openings developed at the former Commission for the participation of non-governmental organizations, which were exemplary among UN bodies. Also, Canada must be fully implicated in the development of a meaningful process for universal periodic reviews – a process that should engage countries on improving their human rights practices, and condemn countries that continue to abuse human rights.

The initial session of the Council need not only focus on procedural questions, but must also address substantive issues. In particular, Canada must work with other members of the Council to ensure that the Convention for the Protection of all Persons from Enforced Disappearance and the Declaration on the Rights of Indigenous are adopted at the first session and transmitted to the General Assembly, and that country specific resolutions on urgent situation such as Darfur are adopted.

R&D will be following these issues closely, and looks forward to working with the Canadian Government and the international community on building an effective Council leading up to and following the first meeting on June 19.