Foreign Policy October 2010 at BROOKINGS Catalysts for for Catalysts r ights: The Unique Contribution of the UN’s Independent Experts on Human Rights the UN’s of Unique Contribution The Catalysts for rights: The Unique Contribution of the UN’s Independent Experts on Human Rights TEd PiccoNE Ted Piccone BROOKINGS 1775 Massachusetts Ave, NW, Washington, DC 20036 www.brookings.edu Foreign Policy October 2010 at BROOKINGS Catalysts for rights The Unique Contribution of the U.N.’s Independent Experts on Human Rights Final Report of the Brookings Research Project on Strengthening U.N. Special Procedures TEd PiccoNE The views expressed in this report do not reflect an official position of The Brookings Institution, its Board, or Advisory Council members. © 2010 The Brookings Institution TABLE oF CoNTENTS acknowledgements . iii Members of Experts advisory group . v list of abbreviations . vi Executive summary ....................................................................... viii introduction . 1 Context . 2 Methodology . 3 A Short Summary of Special Procedures . 5 summary of findings . 9 Country Visits . .9 Follow-Up to Country Visits..............................................................19 Communications . 20 Resources . 31 Joint Activities and Coordination . .32 Code of Conduct . 34 Training . .34 Universal Periodic Review...............................................................35 Relationship with Treaty Bodies . 36 recommendations..........................................................................38 Appointments . 38 Country Visits and Communications .......................................................38 Follow-Up Procedures . 40 Resources . .41 Training . .41 Code of Conduct . 42 Relationship with UPR, Treaty Bodies, and other U.N. Actors . .42 appendices Appendix A HRC Resolution 5/1, the Institution Building Package ...........................44 Appendix B HRC Resolution 5/2, the Code of Conduct . .48 Appendix C Special Procedures of the HRC - Mandate Holders (as of 1 August 2010) . 55 Appendix d Human Rights Council Membership (2006-2010)...............................59 Appendix E Examples of how SP Visits and Communications Affect National Action.............61 Appendix F State Responses to Communications (2004-2008).............................69 Appendix G Status of Country Visits (as of June 2010)....................................71 Appendix H Project Methodology on Scoring Communications . 75 Appendix I List of Interviews . 78 Appendix J February 2010 Statement of Experts and Advocates............................84 CATALYSTS FOR RIGHTS The Unique Contribution of the U.N.’s Independent Experts on Human Rights ii ACKNoWLEdGEMENTS hen I arrived at The Brookings Institution community is, as then U.N. High Commissioner in April 2008 after running a small non- for Human Rights Louise Arbour declared, im- Wprofit organization devoted to research plementation, implementation, implementation. and advocacy on democracy and human rights, While new human rights norms may need to be I was struck immediately by the freedom I had developed in some areas, the bulk of the main hu- to develop my own research agenda. One of the man rights principles, protocols and procedures lingering questions that deserved more time and have already been conceptualized and codified analysis, in my view, was how the United Nations in treaties that have been signed and ratified by human rights system works and how it could be most governments. The real challenge is how improved. I was particularly interested in the the international system created since the end of work of the U.N.’s independent experts on hu- World War II can be more effective in influenc- man rights (known in U.N. parlance as the Spe- ing states to promote and protect human rights cial Procedures) who had drawn so much praise for all. Third, given the intensity of the debate and a fair amount of criticism for their activities. around creation of the Council, and knowing This issue had attracted more attention than usual that its work would be reviewed after five years in the context of the negotiations in 2005-06 to (2011), I felt there was an opportunity to contrib- abolish the Commission on Human Rights and ute something meaningful to the discussion. to create a new and more elevated Human Rights Council. Exasperation bordering on outright hos- I am grateful to so many people who helped make tility toward both the Commission and the Coun- this project a reality. Brookings President Strobe cil from the Bush Administration and other gov- Talbott has been a steady and stalwart supporter ernments only heightened my interest in examin- of the idea of doing more public policy research ing in more depth the tricky intersection between on questions of human rights, humanitarian af- universal norms and practical implementation of fairs and foreign policy. He, along with Martin In- such norms at the country level. dyk, Vice President and Director of Foreign Policy at Brookings, and his predecessor Carlos Pascual, I was drawn to this issue for several reasons. now U.S. Ambassador to Mexico, played an es- First, I knew from my own experience and fur- sential leadership role in backing this effort. Bruce ther research that sound, empirical studies of the Jones, who directs the Managing Global Insecu- role of the Special Procedures and the effective- rity project where I sit, challenged me early on to ness of this mechanism on the ground had never tackle the effectiveness question. Ongoing support been published. Second, I was convinced that the from the Foreign Policy team, especially Char- main challenge to the international human rights lotte Baldwin, Julia Cates, Adrienne Anzanello, CATALYSTS FOR RIGHTS The Unique Contribution of the U.N.’s Independent Experts on Human Rights iii Margaret Humenay, Gail Chalef, Kristina Server listed on page vii, I benefited greatly from the ex- and Jacqueline Geis, was essential for keeping the pertise and feedback of Nigel Rodley, Felice Gaer, project on track. Tania Baldwin, Elizabeth Ferris, Julia de Rivero, Philippe Dam, Dokhi Fassihian and Gay McDou- No intensive research project like this could hap- gall. From the Office of the High Commissioner pen without the vision and financial support of for Human Rights, I want to extend special thanks our donors. I am especially grateful to the Em- to Deputy High Commissioner Kyung-wha Kang, bassy of the Netherlands in Washington, led by a Charles Radcliffe, Craig Mokhiber, Heike Alefsen, real human rights leader in the diplomatic com- Eric Tistounet, Bacre Ndiaye, Orest Nowosad and munity, Ambassador Renee Jones-Bos, and Po- Gunnar Theissen, as well as Will Davis from the litical Counselor Robert Dresen for their early U.N. Information Center in Washington. and enthusiastic endorsement, as well as Maryem van den Heuvel, Edwin Keyzer and Peter Potman In order to do an objective evaluation of how gov- in the Hague. The Foreign Ministry of the Swiss ernments respond to the Special Procedures, we Confederation, with the support of Ralf Heckner had to analyze the public written record, which and Mirko Giulietti, provided timely financial as- is voluminous. To make sense of it, I had the in- sistance, as did the United Nations Foundation valuable assistance of my stellar Senior Research Better World Campaign thanks to Susan Myers Assistant, Emily Alinikoff. On this and so many and Peter Yeo. Support from the Connect U.S. other details from a to z, Emily made things hap- Fund was vital to our convening experts and hu- pen, brought new ideas, created new ways of ana- man rights defenders from around the world for lyzing and organizing data, organized multiple two days of meetings in Washington in February trips and interviews, and trained and coordinated 2010. I especially appreciate the guidance of Eric a fantastic group of top notch graduate and un- Schwartz, Nancy Soderberg, Heather Hamilton, dergraduate students. I am especially grateful to and Francesco Femia, along with Karin Ryan of Nicholas Marwell, who helped me conceptualize The Carter Center. the project, and Christopher Le Mon, who did excellent work on methodology. In addition, I I was very fortunate in carrying out the project want to thank Pooja Kadakia, Matthew Perault, to have the guidance and advice of an outstand- Patrick Griffith, Shubra Ohri, Anna Sims, Sayo ing Experts Advisory Group of practitioners, Saruta, Mila Cecerina, Bora Park, Anna Fox, and academics, lawyers, and activists who helped me Shannon Dobson for doing the yeoman’s work of work through the conceptual framing, method- analyzing scores of reports and communications. ology, and factual details of the report and ulti- mately to endorse its recommendations. I can’t Finally, I want to thank my dear wife, Susan thank them enough for their active participation Gibbs, and our three wonderful children for en- in our meetings and online and always friendly during my long hours away from home. and constructive input. In addition to this group CATALYSTS FOR RIGHTS The Unique Contribution of the U.N.’s Independent Experts on Human Rights iv MEMBERS oF EXPERTS WoRKING GRoUP Brookings Research Project on Strengthening U.N. Special Procedures robErta CohEn, nonresident Senior Fellow, the mission on Human Right, former Special Rappor- Brookings Institution and Senior Advisor to the teur on the situation of human rights in Myanmar, Special Representative of the Secretary General on former Special Rapporteur on the situation of hu- the human rights of internally displaced