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Summary report on KAIROS’ work
at the 61st Session of the
United Nations Commission on Human Rights (UNCHR 61)
April 2005


Contents

Introduction

The 61st session of UNCHR took place from March 14th to April 22nd 2005 in Geneva. KAIROS International Human Rights staff member John Lewis participated in the meetings for two weeks, March 21st to April 1st, under the consultative status of the Canadian Council of Churches (CCC). The KAIROS International Human Rights (IHR) team chose these weeks in order to intervene in the Commission’s work on items 8 through 11, with particular emphasis on Item 9, the question of the violation of human rights and fundamental freedoms in any part of the world.

(Note: participation at the Commission is part of the IHR’s longer term strategy of lobbying Canadian officials and UN delegates on particular issues of KAIROS concern. These meetings form an integral part of other meetings, which occur throughout the year. Advocacy on the issues discussed at the Commission will not end with its close on April 22nd.)

This year, the KAIROS Human Rights and Peacebuilding Team (HR&PB) made submissions on four individual areas of concern: Ending Impunity and Defending Human Rights in Timor Leste and Indonesia, Ending Conflict in Sudan, The Struggle Against Impunity in Colombia, and Defending Human Rights in the Occupied Palestinian Territories. As well, the IHR staff made recommendations on the Resolution on Impunity. (For copies of these submissions, please see documents listed at www.kairoscanada.org/e/humanrights/advocacy.asp). John made one oral intervention at the Commission on behalf of KAIROS and the CCC under Item 9.

Our submissions were generally well received by partners and officials. At least 2 of our submissions – on Colombia and Impunity – had direct effects on the drafting of UN documents, according to officials (see below). Our efforts before and during the Commission are important for advancing the human rights agenda in the areas and themes where we work.

The Struggle Against Impunity in Colombia

This year, through much lobbying with our partners at the Canadian Council for International Cooperation, as well as contacts in Europe and Colombia, we helped ensure an important Chairperson’s statement on the situation in Colombia at UNCHR 61. This statement is crucial given the constant backsliding of Colombian authorities on UN recommendations and the efforts by the Colombian government to lessen international scrutiny by both the UN and international NGOs.

While in Geneva, John coordinated efforts to lobby the Canadian delegation, considered a key to winning support for strict recommendations to the Colombian government to fight impunity, as well as to ensure a tighter timeline for implementation of UN recommendations. These coordinated interventions were built on the KAIROS submission to the delegation but also incorporated the comments of the Colombian Commission of Jurists (CCJ), a close KAIROS human rights partner and a leader in the struggle for human rights in Colombia.

John met several times with Thomas Fetz, the member of the Canadian team coordinating Canada’s input on the Statement, as well as made possible meetings with Mr. Fetz for the CCJ. John also met with members of OIDHACO (the European coalition on Colombia) and the coordinator of Peace Brigades International in Europe (another close human rights partner of KAIROS).

The Canadian delegation reported that they had used our materials on Colombia for their own interventions. John made an intervention with the High Commissioner for Human Rights, Louise Arbour, regarding an upcoming visit to Colombia: he urged her to meet with several civil society groups and KAIROS partners, including representatives of women’s organizations and the trade unions, to get a clearer picture of the human rights situation in the country.

The Defence of Human Rights in Aceh

John met several times with the Indonesian NGO delegation, including its head, Rafendi Djamin, from the Human Rights Working Group (HRWG), and Evi Zain, from KAIROS partner KONTRAS. The principal concern of this coalition was to get Indonesia (particularly Aceh) on the world’s agenda beyond the tsunami. KAIROS sent the NGO Forum on Indonesian Development our brief prepared for the Canadian delegation. This brief was helpful for the coalition’s interventions and work at the Commission.

The declaration by the Indonesian government of a Civil Emergency in Aceh is essentially a continuation of martial law, according to Indonesian human rights groups. This limits the important work of civil society in working for peace and the defense of human rights. In this regard, the NGO coalition is pushing for an end to the military occupation, for a peaceful resolution to the conflict between Government forces and the Free Aceh Movement (GAM), and for the government to intensify efforts to investigate violations of human rights.

The Indonesian group was well organized but frustrated by the lack of progress at the Commission. Many nations made statements of regret for the people of Aceh in the wake of the tsunami but offered little comment about human rights. More concerted lobbying of country delegations would help in future Commissions.

John intervened with members of the Indonesian government delegation to express international support to civil society in the struggle to defend human rights in Indonesia. He forwarded documents relating to Indonesia, received from Canadian delegates, to other members of the NGO working group. As well, KAIROS IHR continues to forward materials to Indonesian NGOs to help with certain aspects of transitional justice.

KAIROS/CCC made a statement on the human rights situation in Aceh under Item 9.

Ending Conflict in Darfur, Sudan

Unlike with other conflicts, including the ones in Aceh and Colombia, the lobby for Africa generally, and Darfur specifically was weak and unorganized. Not surprisingly for Africa specialists, Zimbabwe topped the list of Western interventions. Zimbabwe held election during the Commission and Robert Mugabe has made himself an easy target for Western criticism by appropriating “white” farmland and repressing his people.

Save the Children made one intervention on the effects of the Darfur conflict on children and several Jewish organizations expressed outrage at the world’s inaction in the face of another “genocide”. Most of the leadership on halting the violence in Darfur occurred at the Security Council (SC) meetings in New York during this session of the Commission, however, including the important referral of Sudan to the International Criminal Court (ICC).

Nonetheless, KAIROS/CCC made a strong intervention on the situation in Darfur under Item 9 at the Commission. As well, John took part in a meeting with the High Commissioner where he highlighted the situation of Darfur, and urged the Office of the High Commissioner for Human Rights (OHCHR) to do all that it could including ensuring effective prosecutions at the ICC and ensuring the mandate of all of the Special Procedures examining human rights throughout the country.

Defending Human Rights in the Occupied Palestinian Territories (OPT)

Canada did not make a statement under Item 8, the question of the violation of human rights in the occupied Arab territories, including Palestine. As the HR team has mentioned to Deirdre Kent, the Canadian delegate responsible for coordinating Canada’s input on the Middle East at the Commission, taken on its own, Canada’s silence might not seem serious. However, viewed in the context of Canada’s recent voting (and abstaining) at the UN on issues related to the Middle East, Canada’s silence on Item 8 is a concern.

The IHR team at KAIROS continues to monitor the voting at UNCHR 61 on this issue. The HR&PB team prepared a thorough brief for the Canadian delegation on defending human rights in the OPT, and the HR team has encouraged the Canadian delegates to take seriously its recommendations and to vote according to the stated priorities of Canadian foreign policy, including two states in the region living with peace and justice.

Canadian-led Resolutions

There is less coordination among NGOs on the more technical issues of the Commission, including drafting thematic resolutions. Nonetheless, John met with both Chantale Walker (lead on the Resolution on Violence Against Women) and John van Kaufman (lead on the Resolution on Impunity).

Chantale reported that Canada is pushing for stronger language around sexual orientation and the rights and protection of indigenous women (a recommendation made by the Special Rapporteur on the human rights and fundamental freedoms of indigenous peoples that Canada pay particular attention to “specialized institutions to the abuse and violence of Aboriginal women and girls, particularly in the urban environment.” See E/CN.4/2005/88/Add.3, paragraph 113)

John von Kaufman informed John Lewis that the first KAIROS recommendation on the Resolution on Impunity (throughout the operational paragraphs of the Resolution, maintain the language of Operation Paragraph 1 (OP1), “including accomplices”, rather than simply “persons suspected of having committed international crimes…” as found, for example, in OP8) would be incorporated into the new UN document.

Reform of the Commission

UNCHR 61 was an excellent opportunity for KAIROS to both lead on several priority-issues and work collaboratively on several others. As well, it was a great opportunity to strengthen our connections with other international NGOs, both secular and faith-based.

The Commission itself faces many challenges, the principal one being implementation of the Commission’s resolutions and statements. As with human rights work generally, most of the standards have been set--the challenge is implementation. KAIROS supports efforts at the UN to put its human rights agreements into practice.

In this regard, there was a lot of talk of reform during the Commission. Although this occurs every year, this year there seems to be some momentum for change. The Canadian government views reform of the UN, including the Commission, as a priority for the organization. They have embraced the Secretary General’s ideas outlined in, “In larger freedom: towards development, security and human rights for all,” (A/59/2005) a document proposing sweeping changes to the UN including enlarging and democratizing the Security Council and transforming the Commission on human rights into a smaller permanent Human Rights Council. The Secretary General’s proposal would help underscore the importance of human rights at the UN.

The report also suggests the High Commissioner for Human Rights play a larger role in Security Council deliberations. Other nations, particularly the U.S., China, and Russia (three of five permanent members of the Security Council) have concerns and are urging for more deliberations.

The entire reform agenda will be in discussion at the UN General Assembly meetings in New York in September.

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