[TLDR (too long didn’t read): If you are reading this, chances are you care about HR. This Reader is about the little ‘pecadillos’ that affect our only (democratic?) multilateral organization, the UN. For a quick overview, just read the bolded text]. Traducir/traduire los/les Readers; usar/utiliser deepl.com
[I have picked up some bits and pieces that do not necessarily make a coherent whole about the UN. They are presented in no particular order. I apologize if what I picked up is mostly sarcastic and/or on the negative side. Of course, there are things to be happy and proud about. But exposing the negativities can, hopefully, lead to redress (and some of it is slowly happening…). This, is in the spirit of openness of this Reader].
—Let us be clear: there is no one indispensable country. There is only indispensable justice. And with justice, all countries are equally indispensable. (Jeffrey Sachs)
1. Short of outright invasion and/or bombing, several superpowers are clearly guilty of subverting sovereign states or governments through threats, sanctions, freezing/robbing of international assets, creating training an opposition, funding/arming a proxy army, supporting a coup d’état, etc. This is clearly against the spirit of the UN (i.e., democracy, sovereignty, self-determination, non-interference in internal affairs, human rights, peace…) if not directly in violation of its Charter. As long as the Big Five in the Security Council retain the veto power, these less overt (but no less unconscionable) crimes will never be called out in formal resolutions or condemnations. (Frederick Spielberg)
2. Most international agreements hammered-out at the UN agencies and in the General Assembly tend to be poor compromises reflecting the corporate and political power in the world; they fail to radically address the assorted crises we face, let alone advance climate justice. (Jomo Sundaram and Khoo Wei Yang)
3. So we can rightfully ask: Is insisting on consensus the prelude to betrayal? ‘The UN is sick of consensus’. Consensus is based on the (supposed) competence of experts to carve out deals. …The superstition of consensus as the ultimate argument of authority constitutes an unusual subversion of the democratic ideal. A consensual deal in UN resolutions is a betrayal mostly to urgent social needs. By nature, consensus plays on the side of order and of status-quo, that is to say of the strongest, who would not fight for it if it did not suit them. We are here precisely to break the consensus and to make the usual losers win. (adapted from Regis Debray) Whoever praises consensus resolutions is trying to swindle us.
4. And then, disappointed, we all write and send out Declarations: I am not entirely convinced that our well written declarations and protests make much of, if any, difference . . . (fairness is not something that is eked out from the powerful –or UN bodies for that matter– with declarations). I cannot help but feeling this is why the so many declarations we all sign are hot air and will be (are being) ignored –however well or badly written. (Alison Katz)
5. When there is no plurality in the UN agencies (which are ultimately controlled by the power of the Northern member states), when the attitude of the latter Northern states is ideological, biased and partial, when there is no real free debate allowing opposing views, when Southern member states (and public interest civil society*) disagree and are systematically accused of being anarchists, extremists, resentful and other similar or worse epithets, there are no conditions that make it possible to arrive at democratic and open resolutions. (adapted from Louis Casado)
*: Where public interest non-governmental organizations were once the largest non-state entities attending UN system meetings, TNCs have grown to become the biggest players. Public interest civil society organizations, educators, scientists, women and other social movements now have less space to influence the behavior of the UN and intergovernmental processes. When powerful actors are seen as equivalent to states, it undermines the longstanding concepts of state responsibilities, obligations and liabilities, as the new actors are unencumbered by any such legal requirements. This state of affairs erodes member states’ sovereignty. (Harris Gleckman)
6. The right to development as a human right was first recognized by the United Nations in 1977. The United Nations General Assembly adopted the Declaration on the Right to Development in 1986. Proposals to elaborate a legally binding instrument on the right to development were already made in 1990. The right to development was unanimously accepted by all Member States in the Vienna Declaration and Program of Action in 1993. In 2007, the Human Rights Council agreed on a program of work that would lead to raising the right to development to the same level and on a par with all other human rights and fundamental freedoms, evolving into an international legal standard of a binding nature. Actual work on elaborating a draft international covenant on the right to development commenced in 2018, when the Council requested the Chair-Rapporteur of the Intergovernmental Working Group on the Right to Development to prepare and submit such a draft document. The Chair-Rapporteur was supported by a group of international experts (Expert Drafting Group) throughout the process, and the Working Group conducted three readings of the draft text as it evolved. At the request of the Council, the Chair-Rapporteur has submitted his final draft text (A/HRC/54/50) to the Council at its 54th session in September 2023. This represents a landmark in over 40-year-long history of intergovernmental debate and processes on the right to development.** What is your bet: Will it pass…?
**: The HRC Advisory Committee concluded that a legally binding instrument on right to development will create an enabling environment for development and more favorable conditions for all human rights; it will facilitate a holistic approach to addressing the systemic and structural causes of poverty; will strengthen the basis for inclusive growth with due attention to the rights of the poor, vulnerable and marginalized; it will help reduce discrimination; promote gender equality and the empowerment of women; and will serve to reaffirm the principles of self-determination and full sovereignty over natural wealth and resources. (A/HRC/45/40) It added: The draft text of the covenant will finally help operationalize the right to development by framing its realization as a common concern of humankind, by defining individual and collective obligations of States in eliminating obstacles to development, not creating new obstacles, and acting through regional and international cooperation to foster equitable and sustainable development for all human beings and peoples everywhere. Furthermore, the draft establishes the normative framework for ensuring that international trade and finance institutions, among others, adopt laws, policies and practices that promote this right and eliminate obstacles thereto. It translates respect for policy space from a political demand to a legal norm. To ensure its implementation collaboratively, it also establishes a Conference of States Parties and an implementation mechanism focusing on the duty to cooperate. Reads nicely, no…?
7. Ah! And in submitting the text, the Chair-Rapporteur is recommending to the Human Rights Council that it transmit the draft international covenant, together with the commentaries, to the General Assembly (with its one country one vote setup!!) and that the Council recommend that the Assembly, as the appropriate forum, convene an intergovernmental conference, under the auspices of the United Nations, with the mandate to consider and adopt the international covenant on the right to development as soon as possible. Are you interested in digging-in further? Here are the references:
• 1986 Declaration on the Right to Development
• 1993 Vienna Declaration and Program of Action
• The draft international covenant on the right to development and its commentary
• New treaty would codify right to development | OHCHR
• Frequently asked questions on the right to development
• Web page of the Special Rapporteur on the right to development
• Web page of the Expert Mechanism on the Right to Development
• Web page of the Working Group on the Right to Development
• Web page on OHCHR and the right to development. (You can search the respective links)
Claudio Schuftan, Ho Chi Minh City
Your comments are welcome at schuftan@gmail.com
Postscript/Marginalia
—On the more extreme end of critics, I found this purporting to show the hypocrisy of Governments towards the UN-sanctioned Universal Declaration of HR:
Article 1: We are all born free and equal we all know how unequal we are born.
Article 2: Freedom from Discrimination we all know how much social, religious ethnic, discriminations there is.
Article 3: Right to Life but politicians can legally abuse this Right by teaching our children how to kill and have the right to send our children on killing missions or to meet their own death.
Article 4: Freedom from Slavery and there are nearly 12 million slaves in the world.
Article 5: Freedom from Torture and governments train the military in the art of torture.
Article 6: Right to Recognition Before the Law courts recognize or ignore you as they please.
Article 7: Right to Equality Before the Law but there often is a law for the poor and a different law for the rich.
Article 8: Right to Remedy millions are not provided with access to a fair justice.
Article 9: Freedom from Arbitrary Detention we read on a daily basis about cases of arbitrary detention.
Article 10: Right to a Fair Trial we read of unfair trials all the time.
Article 11: Presumption of Innocence and International Crimes a good way of protecting secret agents.
Article 12: Right to Privacy and government spy on us regularly.
Article 13: Freedom of Movement hundreds of situations where people cannot move anywhere; visas refused, borders closed…
Article 14: Right to Asylum no need to tell you about the asylum crisis.
Article 15: Right to Nationality frequently denied these days.
Article 16: Right to Marry and to Found a Family people are often denied this right or girls forcefully married.
Article 17: Right to Own Property increasingly denied to people rendered poor and to women.
Article 18: Freedom of Religion or Belief people can be stoned to death if they attempt to change their faith.
Article 19: Freedom of Opinion and Expression constantly abused.
Article 20: Freedom of Assembly and Association many assemblies and associations are forbidden at will by governments.
Article 21: A Short Course in Democracy what democracy? politicians promote and protect dictators.
Article 22: Right to Social Security more than 70% of UN countries have no social security whatsoever.
Article 23: Right to Work but millions upon millions are unemployed and desperate.
Article 24: Right to Rest and Leisure millions have no possibility of resting or enjoying life.
Article 25: Right to Adequate Standard of Living we read about the huge percentage of the population who cannot afford the cost of living; millions die every year from starvation or lack of medical facilities/services.
Article 26: Right to Education and many millions are still illiterate; a lack of schools and teachers is still prevalent in too many countries.
Article 27: Right to Cultural, Artistic and Scientific Life so many people have no means of watching or enjoying any aspect of cultural, artistic or scientific life.
Article 28: Right to a Free and Fair World but many dictators have reigned and continue to reign.
Article 29: Duty to Your Community and still many countries destroy communities, societies…
Article 30: Rights are Inalienable but, as demonstrated above, governments take away from us all the rights they want. (Alberto Portugheis)
Food for thought and the crux of the challenge I invite you to tackle together with us.