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Publish a Broad Range of Topics in American Politics, ABSTRACT 1 Comparative Politics, Political Theory and Philosophy, and International Relations

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Publish a Broad Range of Topics in American Politics, ABSTRACT 1 Comparative Politics, Political Theory and Philosophy, and International Relations DEPARTMENT OF POLITICAL SCIENCE ~ TUFTS UNIVERSITY STUDENT RESEARCH BRIEFING SERIES VOLUME II, ISSUE I SPRING 2011 INSTITUTIONAL REFORM & HUMAN RIGHTS OUTCOMES: A SYSTEMATIC STUDY OF UNITED NATIONS HUMAN RIGHTS INSTITUTIONS LINDSAY HELFMAN TABLE OF CONTENTS Welcome to the second issue of our Student Research Briefing Series which is designed to publish a broad range of topics in American Politics, ABSTRACT 1 Comparative Politics, Political Theory and Philosophy, and International Relations. The briefings are intended to enhance student appreciation of ABOUT THIS PAPER 1 student research completed in the Department of Political Science. In addi- tion, the publication hopes to serve as outreach to interested undergradu- ates and prospective students considering a major in Political Science. CHAPTER 1 3 If you are a student interested in contributing to the Student Research Briefing Series or a professor, within the Department of Political Science, CHAPTER 2 7 and have a student paper you would like to highlight, please contact [email protected]. CHAPTER 3 16 The following publication is student-produced and the research was con- ducted during their undergraduate studies. CHAPTER 4 33 About the author CHAPTER 5 40 Lindsay Helfman graduated from Tufts in May 2011 with a major in Politi- cal Science. Following graduation, she will be working in New York City before pursuing a J.D./M.B.A. CHAPTER 6 47 REFERENCES 50 APPENDIX 56 The Department of Political Science, Tufts University, Packard Hall, Medford, MA 02155, USA Phone: 617-627-3465 Fax: 617-627-3660 http://ase.tufts.edu/polsci/default.htm Institutional Reform & Human Rights Outcomes: A Systematic Study of United Nations Rights Institutions Lindsay Helfman (T ’11) Abstract After the atrocities of World War II, the international community came together in 1946 to establish the UN Commission for Human Rights. Over the course of its sixty years, the Commission was riddled with politicization and often criticized for being counterproductive in its efforts to protect and promote human rights. While the institution had its fair share of accomplishments, it was abolished in 2006 and subsequently replaced by the UN Human Rights Council. This institutional change is worthy of discussion because, as this thesis will demonstrate, it is an institutional improvement that positively influenced human rights work. Additionally, this change demonstrates the institutional capacity and value of the United Nations for dealing with human rights. This thesis proceeds first by examining and comparing the institutions. The main differences can be divided into the following categories, pertaining to: status, membership, action (meetings, voting procedures), and institutional mechanisms. While all of these differences bear significance, specific emphasis will be placed on the changes to membership. Using the Cingranelli and Richards Index Human Rights Data Project, the methodology incorporates human rights statistics to evaluate the human rights records of either institution’s corresponding membership. By demonstrating that the replacement of the Commission with the Council is, in fact, an institutional improvement in a variety of ways, I argue, not only, that institutions are useful for promoting and protecting human rights, but also that they are necessary for doing so. While denigration of the United Nations is common, many of the opportunities and mechanisms embedded in this international institution are overlooked or undervalued. Though the United Nations is by no means perfect, the story of the adoption of Resolution 60/251 will demonstrate why this institution is a worthwhile investment, and that it is capable of changing for the better. About this paper: Choosing to study abroad in Geneva, Switzerland was no coincidence: I was eager to spend the spring semester of my junior year interning in the United Nations. As an intern for the Conference of NGOs in Consultative Status with the United Nations (CoNGO) I was responsible for covering human rights activities that took place in the United Nations Palais. My semester abroad extended through the summer, as I spent the better part of my eight months following the UN Human Rights Council. Soon enough, my frustrations with the bureaucratic aspects of this institution constructively developed into questions. I began asking experts: human rights lawyers, prominent NGO leaders, government officials what they thought about the Council. Though many echoed similar frustrations, they were convinced that this institution was a vast improvement over its predecessor. To investigate further, I developed more questions, and a methodology that would provide some answers: is the UN Human Rights Council, in fact, better than its predecessor institution? How is it possible to know, and what does that mean for human rights work today? The finished product was my senior honors thesis, in which I discuss the relevant academic literature and incorporate human rights statistics as an option for institutional assessment. Table of Contents Abstract: The Story of Resolution 60/251 Chapter 1: An Institutional Change Worthy of Discussion Chapter 2: Lessons from the Literature Foundational Literature Historical Literature Methodical Literature Professor Snyder’s Pragmatic Approach to Human Rights Concluding Discussion Chapter 3: From the Commission to the Council The UN Commission for Human Rights Kofi Annan’s “Credibility Deficit” The UN Human Rights Council Comparison and Concluding Thoughts Chapter 4: Designing a Study Using Human Rights Statistics Is Quantifying Human Rights a Worthwhile Endeavor? Which Human Rights Data and Why? Combining Membership Data with Human Rights Statistics Chapter 5: Modest Trends with Considerable Implications Chapter 6: The Value of International Human Rights Institutions References APPENDIX Tables 1-8 Graphs 1-4 Charts 1 & 2 Chapter 1 An Institutional Change Worthy of Discussion “With such architecture, there is no doubt that, in legal and institutional terms, we are better placed today to act collectively to protect human rights than we were just a few years ago.”–Statement by Kofi Annan, former UN Secretary General, June 23, 2010 In 2006, the United Nations General Assembly adopted Resolution 60/251, which replaced the United Nations Commission for Human Rights with the United Nations Human Rights Council. The adoption of this Resolution marks a crucial change in institutional machinery. This change is worthy of discussion because, as this thesis will demonstrate, it is an institutional improvement that positively influenced human rights work. Additionally, this change demonstrates the institutional capacity and value of the United Nations for dealing with human rights. The broader purpose of this thesis is to unite two important conversations: the first concerning international institutions and the second regarding human rights work. I argue not only that institutions are useful for promoting and protecting human rights, but also that they are necessary for doing so. The scope of this thesis is limited to these two institutions: the Commission and the Council. The aim is to compare them; to explore their differences and similarities; and finally to demonstrate whether the replacement of the Commission with the Council can be considered an “institutional improvement.” Why do these institutions deserve attention? In the area of human rights, it is necessary to rely on a forum that consists of governments, civil society, and legitimacy. Furthermore, “human rights work” in particular demands government effort and involvement, for the protection and promotion of human rights. The Commission and the Council, as appendages of the United Nations, have these attributes. This thesis proceeds first by examining and comparing the institutions. The main differences can be divided into the following categories, pertaining to: status, membership, action (meetings, voting procedures), and institutional mechanisms. While all of these differences are significant, specific emphasis will be placed on the changes in membership. Perhaps the most crucial difference between the two, the Council was designed to take the human rights records of member states into account when determining accession to membership. In addition, though there was a decrease in membership from the Commission to the Council, it was not indiscriminate, as three geographic regions gained member seats while two other geographic regions lost representation. How do these changes relate to the institution’s work, and potential for success? I posit that that these institutions were designed to facilitate human rights ideals and norms by promoting a specific set of human rights and aiming to influence their member states. Therefore as the creators of the new institution and the chief recipients of its influence, any institutional improvement should be exhibited in member states’ human rights records. Therefore, I am looking to find institutional improvement that exists in the corresponding member states of either institution. In other words, in order to determine if the Council is in fact, “better” than the Commission, the member states of the Council should have “better” human rights performance. The methodology is designed to gauge the impact that the change in institution has had on respective member states. First, I am most interested in determining how human rights can be “measured.” I explore the validity of various approaches to quantifying human rights; investigate how to
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