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The New United Nations Human Rights Council |
' Enforced Disappearances and Extrajudicial Killings in Sindh and Baluchistan '
Charles Graves
Secretary General,
Interfaith International
Enforced Disappearances and Extrajudicial Killings in Sindh and Baluchistan , the topic for today, gives the context of the present situation. I spoke about the oppression of the Marri, Bukti and Mengal tribal leaders in my intervention at the last session of the Human Rights Council in early October. The representative of Pakistan at the Council called for a 'point of order' and the chairperson was obliged to make me cut short my speech. This illustrates very well that Pakistan does not wish to be reminded by the NGOs and civil society about its oppressive policy in Sindh and Baluchistan.
One encouraging sign, however, was that the chairperson of the Council, Ambassador de Alba of Mexico, allowed me to complete my speech, although shortened, and I could call upon the Council to 'continually scrutinise the actions of the government of Pakistan vis à vis Sindh and Baluchistan' . For this is the role of the Human Rights Council - to continually look into the human rights violations wherever they occur in the world, and when necessary to hold special sessions when called upon by a substantial number of states.
What can this new Human Rights Council do about the human rights situation in the Pakistan of General Musharraf ? What can the non-governmental organisations do within the context of the new Human Rights Council ? What can be done here in Kenton about influencing the Council to act to stop the Enforced Disappearances and Extrajudicial killings in Sindh and Baluchistan ?
The Human Rights Council held its second regular session from 18 September to 6 October this year. It will meet again for the third regular session from 27 November to 8 December this year for two weeks. The representative of Pakistan, i.e. the ambassador of Pakistan to the U.N. in Geneva, will no doubt again intervene at the upcoming session in November on behalf of the Organisation of Islamic Conference (OIC), asking for a tough stand against Israel for its invasion of Lebanon in September, and on behalf of a pending Human Rights Council resolution against 'defamation of religion' , including defamation of Islam (this initiative was strengthened after the 'cartoon controversy' and the Pope's recent statement). Pakistan together with Saudi Arabia and also the Arab League have a strong lobby group at the Council to protect the rights of Muslims and Muslim states. Interfaith International has supported these efforts vis à vis the Palestinian and Lebanese (in the one-day special sessions at the Council) but our organisation continues, nevertheless, to point out the weaknesses of Pakistan regarding its human rights violations, in Sindh, in Baluchistan and in so-called 'Azad' Kashmir.
What can be done in fuure at the Human Rights Council ? Setting up the Council machinery is a priority for the first year of its existence - which goes through to April next year. Some say it will take even longer for all the 'Special Proceedures', 'Special Rapporteurs' etc. of the old Commission on Human Rights etc. to be evaluated , kept or dispensed with. Also, country rapporteurs must be evaluated and the future of the 'Sub-Commission' be settled. At the last session while the Council received the reports of the special rapporteurs on Minorities, Interfaith International as an NGO spoke on Sindh and Baluchistan ; when it reviewed the work of the rapporteur on Terrorism and Human Rights, we spoke about 'Azad ' Kashmir. Will these 'points of entry' for NGO interventions and speeches continue ? There is no fixed agenda (as there was under the Commission on Human Rights), thus we have session by session, and day by day, to find places in the ever-changing proceedural agenda where we can speak about human rights violations.
Three features of the new set-up of the Council will, hopefully, provide an access for NGOs to make statements. First of all the 'Universal Periodic Review' (UPR) ; second, the item always on the agenda for 'other important Issues ' to be brought before the Council ; and third, the continuing work of the Office of the High Commissioner for Human Rights (an institution which always stands behind, and organises, the sessions of the Human Rights Council).
The Universal Periodic Review (UPR) proceedure has yet to be worked out and an intersessional Working Group under the chairmanship of Morocco is working on this. Each member nation of the United Nations must be reviewed as to its human rights record every five years - there are now 192 member nations. But the Review will begin with the present-day Members of the Human Rights Council. They will be 'targetted' so to speak before the other U.N. members are dealt with. These members include Pakistan, India, Sri Lanka and Bangladesh. Since the number of years these states are members of the Council differ, we find that India will leave the Council next year (2007), Pakistan and Sri Lanka will leave in 2008, and Bangladesh in 2009. This indicates that materials to be presented to monitoring committee for the Review for Pakistan should be prepared next year, to be evaluated in 2008. That for India should already be in preparation.
NGOs and civil society must prepare their dossiers to present to such a monitoring Board or Committee. In the meantime we must be continually looking for points of entry where we can speak about human rights violations at the regular sessions of the Council. As for special sessions of the Council, they must be called for by at least 16 Council member states (one third of the total membership). It appears difficult at the present moment to gather 16 member states to call for a Special session of the Council on the situation in Sindh and Baluchistan, but perhaps this will be possible in future. It looked, a few months ago, as if no special session or even special rapporteur could be devoted to the situation in Sri Lanka but the wind has changed and the High Commissioner for Human Rights and others are asking for special action to be taken about the conflict and human rights violations there.
The special rapporteurs for Enforced Disappearances (Mr. Toope) and for Exrajudicial Executions (Mr. Alston) still hold their mandates at least until next year, so they can be approached at the Office of the High Commissioner for Human Rights in Geneva. Ms. McDougal (chair if the Working Group on Minorities) is still in office. All these special rapporteurs and Working Groups and the Sub-Commission established by the old Commission on Human Rights are being evaluated not only at Plenary meetings of the Human Rights Council but also by an intersessional Working Group of the Council (under the chairmanship of the Czech Ambassador). At the present moment these mandates are to be continued up to the 4th regular session of the Council meeting 12 March to 6 April next year, but some of these may be permanently prolonged in order that they might function under the new Council.
Of course, during this transitional period of Human Rights activity by the United Nations, Interfaith International organises 'briefings' (what are called 'parallel events') at the United Nations in Geneva during noon hour before the Council sessions in the afternoon. We have found that these 'briefings' with a panel of speakers and discussion afterward, are becoming important tools for informing the government representatives and other NGOs about what needs to be done in certain countries on the human rights record. This year in September-October, Interfaith International sponsored five of these 'briefings' with good attendance and lively discussions. Two of them treated the situation in Pakistan and India.
In conclusion I believe it would be a good idea for this meeting today, in one of its Resolutions , to stablish a Working Group to begin preparation for the reviews under the Universal Periodic Review of the new Human Rights Council. Preparation regarding Pakistan must be thorough and coherent and then presented along with other civil society organisations to whatever 'monitoring group' will be established for the Universal Periodic Review. Interfaith International will certainly facilitate such preparation since many of our members are concerned that there be a change in the policy of Pakistan about human and ethnic rights.
Thank you.
