Human Rights Brief

Volume 16 | Issue 3 Article 11

2009 Update Andrew Hill American University Washington College of Law

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Recommended Citation Hill, Andrew. "United Nations Update." Human Rights Brief 16, no. 3 (2009): 56-57.

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united nations update

Du r b a n II: Th e Se c o n d Wo r l d expressed a strong desire to see some below include the first participation of the Co n f e r e n c e Ag a i n s t Ra c i s m form of reparations. The final document U.S. since the Bush administration’s with- dropped all language requiring reparations drawal, controversies surrounding the situ- In September 2001, the United Nations in favor of language denouncing slavery ation on human rights in North Korea and sponsored a summit in , South and its aftermath. , and other issues. Africa, entitled the World Conference Another problem plaguing the original The U.S. sent a representative to address Against Racism (WCAR). The WCAR WCAR was the interference of a large the session, its first involvement with the created a large amount of controversy sur- number of NGOs. Although not invited Council since the middle of 2008. The U.S. rounding several divisive issues and ended to participate directly in the conference, had pulled out of the Council’s sessions with, at best, mixed results. Recently, how- the NGOs held a parallel conference at a following a growing disagreement between ever, the UN decided to sponsor a second stadium a short distance from the main the Council and the Bush administration. WCAR in in April 2009. As the proceedings and produced their own draft After the election of Barack Obama to the conference approaches, many of the issues statement for submission to the WCAR. Presidency, the U.S. pledged re-involvement that plagued the first WCAR remain highly The NGO forum devolved into a heated with the Council. It did mention, however, divisive. argument on every issue and produced a that many of its past grievances with the Perhaps the most divisive issue at the document so riddled with anti-Semitism Council remain, such as the view that the first WCAR was the push by many Arab and other problematic statements that the Council singles out Israel while frequently nations and certain NGOs to name Israel in then UNHCHR, Mary Robinson, refused ignoring human rights violations by other the final report as a racist nation engaged to accept it as a submission. The current countries. The U.S. now seeks a seat on the in racist practices. The debate over this UNHCHR, Navi Pillay, has promised to Council in the hopes of creating change issue continued with such force that the curb NGO influence during the second from inside the Council itself. U.S. and Israel pulled their delegations WCAR. The situation in North Korea received from the conference. A new extremely divisive issue has attention, as food shortages grow and In preparation for the second WCAR, emerged, pitting the western nations the government seems unlikely to aid the the U.S., Israel, and many other western against their Arab counterparts. The issue impoverished population. South Korea’s nations have expressed a fear of a repeat of religious defamation has become a focal delegate and a UN expert on the region of the first conference and will most likely point of differing views on human rights. both addressed the Council about the dire not attend. The Obama Administration has Arab nations, under the Organization of situation and called for the North Korean said it will not attend the second WCAR if the Islamic Conference, want a prohibition government to take steps to mitigate the the preparatory draft statement references on the defamation of religion to be inclu- crisis. North Korea responded by saying Israel. Originally, the UN balked at mak- dued in the second WCAR. Many western it “rejects all stereotypical allegations and ing such changes to the draft, but, after nations view this as an infringement on the will continue to reject the mandate of the similar statements from Canada, Italy, and right of free speech contained in the Uni- special rapporteur on the human rights other western nations, the United Nations versal Declaration of Human Rights. situation.” North Korea added that the High Commissioner for Human Rights comments of South Korea’s representa- The second WCAR seems to be experi- (UNHCHR), Navi Pillay, agreed to leave tive were “motivated by purposes other encing many of the same problems as the references to Israel out of the draft. The than genuine concern for human rights.” first and is having difficulty attracting even debate will most likely be reopened at the The South Korean Minister of Unifica- the original participants. As of this publica- conference, however, because Arab nations tion responded, “The government sees the tion, Canada, Israel, and the U.S. will not still view many Israeli practices as being North Korean human rights issue as a uni- be participating, and many EU nations based on racist sentiments. No Arab nation versal value. We made the criticism with seem ambivalent. has stated any intention of boycotting the care, which is completely different from conference. blame or slander.” Th e Te n t h Se ss i o n o f t h e The situation in Sri Lanka became a Slavery reparations had plagued the Hu m a n Ri g h t s Co u n c i l first WCAR, and the U.S. State Depart- controversial subject before the tenth ses- ment spokesperson, Robert Wood, listed The tenth session of the UN Human sion of the Council. Karen Parker, of the issue of reparations for slavery as an Rights Council (Council) began in March International Educational Development, additional reason for the U.S. abstention. of 2009 and lasted for three weeks. The accused the Sri Lankan government of Many western nations, having histories Council reviewed reports from various UN numerous human rights violations which of slavery, denounced any draft language agencies, as well as from national govern- the government vehemently denied. The requiring them to compensate descendants ments reporting on the human rights situa- UNHCHR, Navi Pillay, denounced the of slaves. Many African nations, however, tion of their countries. Highlights described government’s decision not to allow human

Published by Digital Commons @ American University Washington College56 of Law, 2009 1 Human Rights Brief, Vol. 16, Iss. 3 [2009], Art. 11 rights monitors into closed military areas, as white phosphorus shells, established a Somalia, but opportunities exist to improve and she has accused Sri Lanka of aiming “prima facie case” for war crimes. Israel conditions in the war-torn nation. When shelling at Safe Zones, claiming that such responded that Falk was biased and that his presenting his report to the Council, Bari attacks have caused more than 2,800 civil- report was “a further example of the very stated, “The lack of accountability for past ian deaths in one year alone. Furthermore, one-sided, unbalanced and unfair attitude and current violations and abuses of human the UNHCHR also decried many practices, of the Human Rights Council.” The Coun- rights and international humanitarian law including the use of human shields, of the cil decided to send a mission to investigate has further exacerbated the situation.” He Liberation Tigers of Tamil Eelam (LTTE), allegations of human rights violations in expressed hope that the recent creation the insurgent group fighting for indepen- the region, appointing a former interna- of a new government of national unity dence in Sri Lanka. The Sri Lankan gov- tional prosecutor, Richard Goldstone, to and enlargement of the federal transitional ernment refuted the accusations against it lead the mission. parliament would help reduce the violence. by stating that the UNHCHR had relied on He stressed the importance of international The Organization of the Islamic Confer- unsubstantiated casualty figures derived support for the new government and of ence proposed that the Council ban reli- from Tamil propaganda. The government increased aid to the African Union peace- gious defamation. The proposal is based called Parker’s allegations a “complete keeping troops. on the view that criticizing and lampooning falsehood” and stated that the government Islam, such as the 2006 Danish cartoons, The tenth session of the Human “is engaged in a legitimate military and creates discrimination against Muslims and Rights Council ended March 27, 2009, humanitarian operation aimed at liberating sparks violence towards them. Although and involved reports and testimony on a its own people from LTTE terrorists.” Both the document would purportedly ban defa- large variety of issues, many of which are sides have been accused of human rights mation against any religion, Islam is the divisive and controversial. Some progress violations during the many decades of only one named in the text of the proposal. was visible, however, such as the renewed the . No independent Many groups and countries worldwide involvement of the United States, and the journalist or experts are allowed to enter strongly oppose this proposal because they decision to investigate the human rights Sri Lankan war zones to verify casualty believe it restricts the right to freedom of situation of the Palestinian-Israeli conflict. figures. speech and legitimizes the current blas- The next session convenes in June 2009. The UN Special Rapporteur for the phemy laws of many Muslim nations. The HRB Occupied Territories of Palestine, Richard non-binding resolution passed on the last Falk, reported to the Council that the recent day of the conference with a vote of 23 to Israeli incursion into Gaza in January of 11, with 13 abstentions. Andrew Hill, a J.D. candidate at the Wash- 2009 may constitute a war crime. Falk ington College of Law, covers the United Somalia experienced a rise in violence stated that Israel’s failure to differentiate Nations for the Human Rights Brief. last year according to Shamsul Bari, a UN between militants and civilians, as well expert on the situation of human rights in as its indiscriminate use of weapons such

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