Oireachtas Joint and Select Committees

Wednesday, 6 November 2013

Joint Oireachtas Committee on Foreign Affairs and Trade

United Nations Human Rights Council: Discussion with Department of Foreign Affairs and Trade

2:30 pm

Mr. Colin Wrafter:

I thank members for the invitation to speak at the meeting. I propose to begin by giving a brief overview of the background to Ireland’s election to the United Nations Human Rights Council. I will then outline our activities since taking up membership of the council at the beginning of this year, both in a national capacity and in holding the Presidency of the European Union during the first six months of the year.

Ireland was elected for the first time to the United Nations Human Rights Council, HRC, in November 2012 by the United Nations General Assembly meeting in New York. We are serving as members from 1 January 2013 to 31 December 2015. Election to the Human Rights Council is regarded as second only to election to the UN Security Council in terms of prestige and strategic importance. This was a very tough election in a field of formidable competitors. At the UN, Ireland belongs to what is called the Western Europe and Others Group, WEOG. Three seats were available in the WEOG for the 2013-2015 period and we were competing with four other states, namely, Germany, Greece, Sweden, and the United States. There is a threshold of approximately 97 votes that a member state must pass to be eligible for election to the Human Rights Council. Passing this threshold does not in itself guarantee election, as it is possible that all candidates could pass the threshold. In our case, the election concluded after only one round of voting, with the United States receiving 131 votes, Germany 127 votes and Ireland 124 votes. The result was a clear endorsement of Ireland's reputation in the area of human rights, and at the United Nations itself. It also helped to contribute to achieving the goal set out in the programme for Government "to restore Ireland's standing as a respected and influential member of the European Union and as part of the wider international community".

Our success in the election was a reflection of the strong engagement of our diplomatic system in the campaign. Both our Permanent Representatives to the United Nations in New York and Geneva lobbied their counterparts intensively for support. Ireland's network of embassies and staff at headquarters actively promoted Ireland's candidature in contacts with third countries. Face-to-face ministerial contact was invaluable in the campaign. The Taoiseach, the Tánaiste and the Minister of State, Deputy Costello, presented Ireland's candidature to their counterparts on the margins of international meetings and conferences. Lobbying at ministerial level was also undertaken by a number of other Minsters and Ministers of State at international conferences and in bilateral contacts with Ministers from other countries. The campaign did not involve any additional resources.

The Human Rights Council was established by the UN General Assembly in 2006. It is a subsidiary body of the General Assembly with responsibility for the promotion and protection of human rights. The Council is mandated to promote universal respect for the protection of human rights and fundamental freedoms for all; address situations of violations of human rights; promote human rights education, technical assistance and capacity-building; serve as a forum for dialogue on human rights thematic issues; make recommendations to the General Assembly for the further development of international law in the field of human rights; promote the full implementation of human rights obligations undertaken by member states; and undertake a universal periodic review, UPR, of the fulfilment by each state of its human rights obligations. The Human Rights Council has 47 members and meets in Geneva. It meets three times a year, usually in March, June and September. It can also meet in special session. For example, the 2 December 2011 Special Session on Syria established a mandate for a Special Rapporteur on the human rights situation in Syria.

Three kinds of event take place at the Council's regular sessions: general debates, interactive dialogues, and panel discussions. General debates are held on a number of standing agenda items covering a very broad range of country situations and thematic issues, as well as debates on human rights mechanisms and on technical assistance and capacity building. The UN High Commissioner for Human Rights also reports to each session of the Council, and states respond in the format of a general debate. Interactive dialogues are held at each session on a variety of specific country situations and thematic issues, primarily with the Council's special procedures mandate holders such as Special Rapporteurs and commissions of inquiry. Panel discussions are held on a small number of human rights themes during each session, normally on the basis of issues mandated by the Human Rights Council in its resolutions.

The promotion and protection of human rights is a core element of Ireland's foreign policy, and has been under successive Governments. Ireland firmly believes in the vital role of the UN in this regard. The protection of human rights is firmly knitted into our development assistance programme, our contribution to international peacekeeping, and our participation in international organisations. Ireland's membership of the Human Rights Council presents an opportunity to enhance our reputation internationally and to make a meaningful contribution to the promotion and protection of human rights globally. As a member, we can shape the programme of work of the Human Rights Council both by influencing the informal negotiations, where much of the work of the Council is carried out, and by voting. We are actively working to add value to the proceedings of the Council and to strengthen the institution itself.

Ireland's approach to membership of the Council is guided by the pledges and commitments made during our election campaign and our well-established human rights priorities. We seek to prioritise a number of themes, including the promotion of fundamental freedoms, notably the freedom of opinion and expression, religion or belief, and peaceful assembly and association; the human rights of lesbian, gay, bisexual, transgender and intersex, LGBTI, individuals; the protection of space for civil society and support for and protection of human rights defenders; the promotion of gender equality; and the strengthening of the UN Human Rights Treaty Monitoring Body system. We also committed to addressing human rights issues in country situations, particularly in the Middle East, Iran, Burma/Myanmar and the Democratic People's Republic of Korea, DPRK.

Ireland held the Presidency of the European Union during the first six months of our Human Rights Council term, that is, from January to June 2013 of this year. This included the March and June sessions of the Council. Membership of the HRC was advantageous to Ireland in our Presidency role, as only Council members can move certain business items at Council plenary sessions. Had we not been a Council member, we would have had to devolve that function to another Council member. During its Presidency, Ireland played an active role in the HRC as part of what is called the Joint EU Team, together with the EU delegation. At the March session this year, the Tánaiste delivered a general statement on behalf of the EU as a whole on a number of country situations and thematic priorities. The Joint EU Team, which included the Irish delegation, led in the preparation of drafts and the conduct of negotiations on EU-led initiatives including resolutions on the DPRK, Belarus, Myanmar/Burma, freedom of religion or belief and the rights of the child. Ireland worked in tandem with the EU delegation on resolutions relating to Sri Lanka, Mali, Syria, Libya, Eritrea, the Middle East and combating religious intolerance. Ireland also led the EU in negotiations on a landmark resolution on human rights defenders and resolutions on human rights institutions, discrimination against women and cultural rights. Naturally, I do not propose to go into detail on all of these issues, but I would like to mention our role leading the negotiation for the European Union on the first substantive resolution on human rights defenders in three years, which was adopted by consensus at the March session this year. The focus of the resolution was on challenging legislation, policies and practices that operate to hinder the work and endanger the safety of human rights defenders. The resolution calls on states not to impose discriminatory restrictions on potential sources of funding, nor to criminalise or de-legitimise activities in defence of human rights on account of funding received from abroad. It carried a clear message, namely, that freedom of expression, opinion, association and peaceful assembly must be ensured.

Since the end of our Presidency of the European Union, Ireland has been working to develop our national profile at the Council. We took the lead on two important resolutions at the Human Rights Council in September 2013. The first resolution was entitled Civil Society Space: Creating and Maintaining, in Law and in Practice, a Safe and Enabling Environment.This resolution was introduced and negotiated by Ireland, with the very welcome support of a cross-regional group composed of Chile, Japan, Sierra Leone and Tunisia.

Civil society actors have come under increasing pressure in many parts of the world in recent years. In some countries, dialogue with civil society remains limited and the space for civil society engagement is narrow or shrinking. Restrictive legislation and repressive practices in some countries have led to stigmatisation, harassment and even criminalisation of civil society actors engaged in promoting and protecting human rights.

The resolution seeks to address, for the first time at the Council, the issue of civil society space as a human rights concern, underlining the contribution of civil society in so many aspects of our lives and calling on all states to create and maintain, in law and in practice, a safe and enabling environment in which civil society can operate effectively. The creation and maintenance of space for civil society is inextricably linked to the ability of individuals to exercise their fundamental right to the freedoms of peaceful assembly, association, opinion and expression. The resolution was the subject of difficult and politically sensitive negotiations, and Ireland successfully defended the resolution against several hostile amendments, paving the way for the resolution to be adopted finally without a vote. On foot of the resolution, a panel discussion will be held during the next session of the Council, in March 2014, on the challenges facing states in their efforts to secure space for civil society, and the lessons learnt and good practices in this regard. Subsequent to that discussion, Ireland intends to develop a more substantive resolution on civil society space, which we hope to present to the Council in September 2014.

As part of our commitment to ensuring that our human rights priorities and development programme are mutually reinforcing, Ireland also led on a resolution entitled Preventable Mortality and Morbidity of Children under 5 Years of Age as a Human Rights Concern.

We were supported by a core group of countries consisting of Austria, Botswana, Mongolia and Uruguay, and the resolution was adopted by consensus in September 2013. A total of 6.6 million children under the age of five die each year, mainly from preventable and treatable causes. This resolution focuses on how the United Nations Human Rights Council, HRC, can act in elaborating a human-rights-based approach to this issue and support the engagement of the human rights community in the ongoing efforts to strengthening accountability for children's health. As a result of the adoption of this resolution, the Office of the United Nations High Commissioner for Human Rights will elaborate technical assistance, in close consultation with the World Health Organization, and with the participation of all relevant stakeholders, including governments. This technical advice, grounded in human rights principles, will help national ministries and other actors to design policies and programmes to reduce and eliminate under-five mortality.

In line with our focus on the protection of civil society space, Ireland also worked closely with Hungary, the lead sponsor of a resolution on reprisals against human rights defenders who co-operate with the United Nations. This was the first substantive resolution on reprisals presented by the Hungarian delegation since 2009 and was the subject of difficult negotiations. Ireland defended the resolution from several hostile amendments in place of Hungary, which is not currently a council member and therefore was unable to challenge certain hostile amendments tabled during the adoption process. In the end, the resolution was adopted after a vote, with 31 in favour, 15 abstentions and one vote against.

Ireland also made national statements at the HRC in September on human rights situations in a number of countries, including Egypt, Syria, Sri Lanka, the Democratic People's Republic of Korea, Sudan, and Somalia. We have raised important issues such as the safety of journalists, children affected by armed conflict and the role of civil society in integrating gender perspectives in the work of the HRC. The success of our national initiatives and our activity on the council has contributed to a significant increase in Ireland's visibility and standing. Ireland will continue to be proactive in addressing ongoing and emerging human rights situations and issues, including emergency situations, and will play an active role in the council's three annual sessions.

As part of its commitment to playing an active role as a member of the Human Rights Council, Ireland also will continue to raise issues of priority in the universal periodic review, UPR, during which countries' human rights records are reviewed. The UPR is one of the most important and innovative aspects of the council's work. It is a process whereby once every four years or so, the council examines the human rights record of each UN member, asking each state to set out what actions it is taking to improve the domestic human rights situation and precisely how it is implementing the human rights commitments it has made. Apart from South Sudan, which only became an independent state in July 2011, each of the UN's member states, including Ireland, has now been reviewed at least once. Ireland's human rights record was reviewed on 6 October 2011. The Minister for Justice and Equality, Deputy Alan Shatter, led the Irish delegation. Our review highlighted Ireland's positive and forward approach to human rights at home. At the end of the first cycle, one could state the UPR had been a broadly successful initiative. The second cycle began in late 2012 and a key question that states are being asked during this phase is what they have done to implement the recommendations from the first cycle.

Ireland has been an active participant in all sessions of the UPR to date. During the session that concluded on 1 November, Ireland made recommendations regarding Senegal, Mauritius, the Central African Republic, Chad, Mexico, Malaysia, China, the Republic of the Congo, Nigeria, Monaco, Belize, Jordan, Saudi Arabia, and Israel. It interventions have focused, inter alia, on civil society space, human rights defenders, the rights of LGBTI individuals, sexual and gender-based violence, including female genital mutilation, freedom of expression and the follow-up to previous recommendations made in the first cycle of the UPR. While fully committed to ensuring that Ireland plays an active and positive role at the Human Rights Council, the Department is of course also working in other international forums, notably the UN General Assembly, to promote and protect human rights. Advancing human rights is also a key element of Ireland's input into EU foreign policy. Ireland has two years left to serve on the Human Rights Council. Its immediate objectives are to follow up on its two national initiatives on child mortality and civil society space while maintaining close engagement on the priorities already mentioned.

I will take this opportunity to mention that the Department is hosting the annual NGO forum next Wednesday, 13 November, in Dublin Castle. While we appreciate that Wednesday is a very busy day for joint committee members, anyone who has the time would be very welcome to attend. In conclusion, I hope this has given the Chairman and members some sense of Ireland's activities as a member of the Human Rights Council. We will continue to endeavour to make a positive and constructive contribution to the work of the council. I thank the joint committee for its kind invitation to speak and I am happy to answer any questions members may have.

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