During their first terms in the UN Human Rights Council, members of the Asian regional group affirmed that the Universal Periodic Review mechanism should be characterised by “full transparency” and “genuine cooperative dialogue.” However, as more information surfaces about the impunity with which human rights are violated by the governments of this regional group, there is growing scepticism as to whether the rhetoric of accountability will figure prominently in the Council’s review of these countries in 2008.

Re-election to the Human Rights Council

The overwhelming wave of international support for the Asian regional group during the United Nations (UN) Human Rights Council elections in May 2007 was reflected in the re-election of India (185 votes), Indonesia (182 votes), and the Philippines (179 votes) to the Council. Capturing this encouraging mood, the Permanent Representative to the UN from the Philippines, Ambassador Hilario G. Davide Jr., noted that his country’s successful candidacy affirmed the Philippine government’s proactive efforts to uphold and protect human rights, despite allegations of human rights violations. 

The international community extended its support to India, Indonesia, and the Philippines despite:
- a general failure on the part of these governments to honour the inflated pledges made to the Council prior to seeking renewal of their memberships in April;
- sustained campaigns highlighting their deteriorating human rights situations led by NGOs, such as the Asian Legal Resource Centre (ALRC), the Asian Forum for Human Rights and Development (FORUM-ASIA), and Karapatan (Alliance for the Advancement of People’s Rights); and
- their woeful profiles in reports submitted to the Council by Special Rapporteurs on extrajudicial killings, the safety of human rights defenders, child exploitation, and violence against women.

Subject to scrutiny under the UPR

Last month, the Human Rights Council announced that India, Indonesia, and the Philippines will be three of the sixteen countries to be reviewed under the Universal Periodic Review (UPR) mechanism in its first session in 2008.

Notwithstanding public proclamations to the effect that the UPR should comprise of a “genuine cooperative dialogue” and that these countries intend to participate fully and transparently in the review process, the virtual abdication of domestic human rights responsibilities by the governments of the Asian regional group and their consistent failure to cooperate with the Council’s independent experts has generated considerable scepticism about their respective capacities to furnish the Council with credible human rights related information.

As the Secretary-General of a Philippine-based human rights organisation Karapatan, Marie Hilao-Enriquez, stated in a recent press conference regarding the abductions and extrajudicial killings of Philippine activists and journalists, “Telling the UN that the Arroyo regime respects human rights is a barefaced lie.” 

Social movement actors appeal for a thorough review

In a joint statement submitted on September 24, the Asia Pacific Forum on Women, Law, and Development (APWLD), the World Council of Churches (WCC), the Asian Human Rights Commission (AHRC), and the Unrepresented Nations and People’s Organization (UNPO) appealed to the Council for a thorough review of the human rights situation particularly in the Philippines. Presenting the statement, Marie Hilao-Enriquez declared that “our country has been long depicted as a democracy in Southeast Asia and as such, it must be compelled to adhere to human rights standards and international humanitarian laws. It must resolve cases of human rights violations and render justice to the victims. We hope that the Human Rights Council bears this in mind when the Philippine government is reviewed under the UPR.”

Responding to these concerns, the UN High Commissioner for Human Rights, Louise Arbour, assured regional and international human rights advocates that their pleas have not gone unheard. “We are acutely aware that the credibility of the United Nations human rights system hinges upon satisfactory implementation of the review,” said Arbour. 
 
FYI: Universal Periodic Review Mechanism (UPR)

This mechanism empowers the UN Human Rights Council to review each country’s compliance with international human rights standards. All UN members will be reviewed within the first four year cycle and each member of the Council will be reviewed during its term. 

The review will be undertaken by a Working Group made up of Council members in conjunction with Council-appointed Rapporteurs. The review will consider the recommendations of special procedures and human rights treaty bodies, as well as information submitted by nongovernment organisations and national human rights institutions. 

Once the UPR process is complete, the Council will provide recommendations for implementation by the state and other stakeholders. 

Source: Office of the United Nations High Commissioner for Human Rights,
<http://www.ohchr.org/english/bodies/hrcouncil/docs/FACTSHEET_OUTCOMES_FINAL.pdf>.

Related article:
“UN Human Rights Council: A Step Forward or a Step Back” in we! June 2007, No. 1

Sources:
“Human Rights Council Discusses Modalities of a Universal Periodic Review Mechanism” from the United Nations Office at Geneva, posted on June 28, 2006, <http://www.unog.ch/unog/website/news_media.nsf/(httpNewsByYear_en)/BC88206AB1DEEA8EC125719B0048AE7D?OpenDocument>. 
“Philippines No. 4 in UN Human Rights Council Election” from the Permanent Mission of the Republic of the Philippines to the United Nations, posted on May 17, 2007, <http://www.un.int/philippines/news/20070517.htm>.
“Regional Human Rights Network Issues Concerns over Indonesia’s and the Philippines’ Uncontested Bids for Re-Election to the Human Rights Council” from Asian Forum for Human Rights and Development, posted on May 14, 2007, <http://www.forum-asia.org/index.php?option=com_content&task=view&id=473&Itemid=129>.
“Rights Groups Issue Concerns over India Uncontested Bid for Re-Election to the Human Rights Council” from Asian Forum for Human Rights and Development, posted on May 16, 2007, <http://www.forum-asia.org/index.php?option=com_content&task=view&id=469&Itemid=129>. 
“Rights Group Says GMA Lying to UN on Human Rights Situation, Likens Regime to Military Rule in Burma” from Stop the Killings in the Philippines, posted on October 1, 2007, <http://stopthekillings.org/stknpv1/?q=node/314>.
“UN Council Selects First Nations for Unprecedented Rights Spotlight” from Agence France-Presse, posted on September 21, 2007, <http://news.yahoo.com/s/afp/20070921/wl_afp/unrightscouncil>.
“UN: States Must Cooperate with Human Rights Council” from Human Rights Watch, posted on September 29, 2006, <http://hrw.org/english/docs/2006/09/29/global14287.htm>.
“World Council of Churches Submission to the UN Human Rights Council on Extrajudicial Killings in the Philippines” from Stop the Killings in the Philippines, posted on September 28, 2007, <http://stopthekillings.org/stknpv1/?q=comment/reply/312>.