Dáil Éireann Debate, Wednesday - 22 April 2009
498 Deputy Alan Shatter asked the Minister for Foreign Affairs the membership of the UN Human Rights Council; if the State is proposing reform of the workings of the council; and if he will make a statement on the matter. [15297/09]
Amharc ar fhreagra499 Deputy Alan Shatter asked the Minister for Foreign Affairs the investigations into human rights abuses initiated by the United Nations Human Rights Council since its formation in March 2006; the number of such investigations completed to date; the number of such investigations terminated without the publication of a detailed report on the results of the investigations; the nature of this State’s involvement in these matters; and if he has reservations regarding the capacity of the UN Human Rights Council to arrange for the investigation of alleged breaches of human rights in member states of the United Nations. [15298/09]
Amharc ar fhreagra500 Deputy Alan Shatter asked the Minister for Foreign Affairs the funds provided by this State for the workings of the UN Human Rights Council; the resolutions adopted by this council since it was created in March 2006; the voting record of this State in respect of all such resolutions; and his views on whether this council is taking appropriate action on a global basis to protect human rights. [15299/09]
Amharc ar fhreagraI propose to take Questions Nos. 498 to 500, inclusive, together.
The UN Human Rights Council (HRC) was established pursuant to UN Resolution 60/251, adopted on 15 March 2006, to replace the much criticised Commission on Human Rights (CHR). Ireland fully supported the setting up of the Human Rights Council and, along with our EU partners, played an active part in the negotiations leading to its establishment. Together with the new Universal Periodic Review process, to which I will refer later, and other HRC activities we now effectively have a full-time standing body on human rights.
The UN Human Rights Council is a subsidiary organ of the UN General Assembly. As such, funding for the HRC comes from the UN regular budget approved by the UN General Assembly in accordance with the agreed UN scale of assessments. Ireland's percentage contribution to the entire regular budget of the UN for 2008-09 is 0.445%.
The Human Rights Council has been criticised — rightly — for its focus on Israel and the Occupied Territories, which while legitimate is excessive relative to abuses elsewhere in the world, and for its failure to renew mandates in regard to countries such as Cuba and Belarus. However, it remains the pre-eminent international forum for dealing with human rights.
The Council has a number of key advantages over the old Commission on Human Rights. Its sitting periods have been greatly extended and it now holds at least three regular sessions annually and can also call special sessions to discuss emergency situations. The new Universal Periodic Review (UPR) mechanism, which subjects each member State to a thorough review of its human rights record every four years, is a key innovation of the Council and its universal nature counters charges of selectivity. The mechanism is still relatively new and its full value will emerge in time as more countries are reviewed and there is additional reporting and follow-up on the implementation of recommendations. However early indications are largely positive and it is clear that the UPR has the potential to be an effective mechanism.
The fact that the membership of the Human Rights Council is more reflective of the overall membership of the UN and weighted less towards western countries than that of its predecessor has impacted on the ability of the Council to take decisions in support of human rights. Greater effort now has to be put into winning the support of developing countries which, while sometimes frustrating in the short term, is no bad thing over a longer perspective.
While progress so far at the Council has been slower than the Government would have liked, we nonetheless continue to see the potential of the HRC to strengthen the cause of human rights around the world. In this regard, I welcome the recent decision of the United States to engage with the Council and to seek a seat on the Council this year. Ireland, along with our EU partners, looks forward to working with the United States, if elected, and other partners to address the weaknesses of the Council with the aim of achieving our shared objectives in the field of human rights. With regard to proposals to reform the workings of the Council, Ireland will continue to work with our EU partners and like-minded others to strengthen the Council and its mechanisms. As mandated by the resolution which led to its establishment, a review of the work and functioning of the HRC will take place in 2011, five years after the establishment of the Council. In conjunction with our EU partners, Ireland intends to engage fully with this review.
Since its inception, the Human Rights Council has held ten regular sessions and ten special sessions, with more than 150 resolutions adopted at these meetings. Information on all of these texts can be viewed on the Council's website: http://www2.ohchr.org/english/bodies/hrcouncil/. The majority of these resolutions have been adopted by consensus and a smaller number have been voted on by the 47 elected members of the Council. The current members of the Council are: Angola, Argentina, Azerbaijan, Bahrain, Bangladesh, Bolivia, Bosnia and Herzegovina, Brazil, Burkina Faso, Cameroon, Canada, Chile, China, Cuba, Djibouti, Egypt, France, Gabon, Germany, Ghana, India, Indonesia, Italy, Japan, Jordan, Madagascar, Malaysia, Mauritius, Mexico, Netherlands, Nicaragua, Nigeria, Pakistan, Philippines, Qatar, Republic of Korea, Russian Federation, Saudi Arabia, Senegal, Slovakia, Slovenia, South Africa, Switzerland, Ukraine, United Kingdom of Great Britain and Northern Ireland, Uruguay and Zambia.
Ireland has not yet been a member of the Human Rights Council (and as such does not having voting rights on resolutions) but attends all sessions as an observer State. Our commitment to the Council is evidenced by our decision to stand for election for the first time in 2012, for the first time, for the term 2012-2015. This term will coincide with Ireland's planned EU Presidency in 2013 and it will be important to have a seat on the Council for this period.
Of the ten special sessions of the Human Rights Council convened to discuss urgent human rights situations, five of these sessions requested in their outcomes that fact-finding missions be undertaken to further investigate the situations considered. A tabular statement of such missions, providing the information sought, is attached for the Deputy's information. Ireland has not been involved in such investigations. I would have concerns about the capacity of the HRC to arrange for the investigation of alleged breaches of human rights, particularly where member States directly involved do not agree to or cooperate satisfactorily with such missions.
Among the other mechanisms available to the HRC to address human rights concerns are its ‘ special procedures'. This is the term given to the mechanisms established by the Commission on Human Rights and assumed by the Human Rights Council to address either specific country situations or thematic issues in all parts of the world. Currently, there are 30 thematic and 8 country mandates. The Office of the High Commissioner for Human Rights provides these mechanisms with personnel, logistical and research assistance to support them in the discharge of their mandates.
|
Title of request for fact-finding mission |
Date request made by HRC |
Date final report presented to HRC |
|
HRC Resolution S-1/1 “Human rights situation in the Occupied Palestinian Territory” |
July 2006 |
Mission could not be undertaken |
|
HRC Resolution S-2/1 “The grave situation of human rights in Lebanon caused by Israeli military operations” |
August 2006 |
November 2006 |
|
HRC Resolution S-3/1 “Human rights violations emanating from Israeli military incursions in the Occupied Palestinian Territory, including the recent one in northern Gaza and the assault on Beit Hanoun” |
November 2006 |
September 2008 |
|
HRC Decision S-4/101 “Situation of human rights in Darfur” |
December 2006 |
March 2007 |
|
HRC Resolution S-9/1 “The grave violations of human rights in the Occupied Palestinian Territory, particularly due to the recent Israeli military attacks against the occupied Gaza Strip” |
January 2009 |
Preparations for a mission led by Richard J. Goldstone are underway |
