HRC Revives Freedom of Expression But Imposes “Traditional” Limitations on Rights & Allows Impunity for Gaza War Crimes

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UN Takes One Step Forward and Two Big Leaps Back:
UN Human Rights Council Revives Freedom of Expression-
But Imposes “Traditional” Limitations on Rights and Allows Impunity for Gaza War Crimes

 

PRESS RELEASE (Geneva- 2 October, 2009)-  The UN Human Rights Council at its 12th Session adopted a joint resolution by Egypt and the United States (US) which saved the Council’s annual resolution upholding Freedom of Expression.   However, according to the Cairo Institute for Human Rights Studies (CIHRS) this breakthrough was tainted by the major failure of the Council to ensure accountability for war crimes committed during the invasion of Gaza by Israel earlier this year, and the adoption of a resolution on “traditional values” that greatly undermines international human rights standards.

A resolution proposed by Russia and supported by repressive governments throughout the world, including all Organization of Islamic Conference (OIC) and Arab League states who are members of the Council, imposes the concept of “traditional values” into the international human rights lexicon.  “Traditional values” is a concept that lacks any basis in international human rights instruments and, in fact, is often used to justify repression, discrimination and other violations of human rights. 

“The adoption of this resolution is highly dangerous.  It constitutes yet another attack on the universality of international human rights standards by the very UN mechanism that is supposed to uphold and strengthen these standards.” said Moataz El Fegiery, Executive Director of the CIHRS, “Such a concept has been used in the Arab region to justify treating women as second class citizens, female genital mutilation, honor crimes, child marriage and other practices that clearly contradict with international human rights standards.  Does this resolution now mean that such practices are acceptable under international law?”
 
Also highly disturbing was the Council’s inability to uphold the report of a UN fact finding mission into Israeli war crimes committed during the invasion of Gaza earlier this year.  On the 1st of October, the Prime Minister of Israel threatened to take collective punishment against the Palestinian people and reject any US sponsored peace talks if the Council passed a resolution upholding the recommendations of this report.   The report by the fact finding mission, also known as the Goldstone report, recommended that the Security Council take up the matter and demand credible investigations by Israel and Palestinian actors into war crimes committed by armed forces, and to refer the case to the International Criminal Court (ICC) if no such investigations took place within six months.

In response to heavy pressure by the US and threats by Israel, the Palestinian leadership and the other main co-sponsor, Egypt, decided to withdraw a resolution that was intended to uphold all recommendations of the Goldstone report.    This decision delays any possible action on the report’s recommendations until March 2010, and could end up killing the report entirely.   “In effect, Israel and the US have once again worked together to ensure international impunity for war crimes committed in Gaza by Israeli forces,”  said Jeremie Smith, Director of the Geneva Office of CIHRS, “Such impunity will only empower extremist elements in both Israel and Palestine and entrench the cycle of violent retribution that always derails the peace process. Unless the Council accepts the Goldstone report in full it will lose credibility and send the wrong message that states who commit war crimes are above the law.”   

In a statement before the Council two days earlier CIHRS pointed out that any attempt to kill this resolution “will empower those governments, including many members of the Arab League, who would like to systematically dismantle the international human rights system, and may also ensure that future efforts by the Council to give a voice to human rights victims throughout the world, including in places like Darfur, will be undermined by accusations of hypocrisy and double-standards.”  

In a positive development, Egypt and the US worked together throughout the Council Session to lobby member states and create the text of a Freedom of Expression resolution that acknowledges the need to combat discrimination and incitement of hatred and violence, but avoids the insertion of vague concepts like “defamation of religion” which are used to violate human rights standards.

This annual resolution on Freedom of Expression has been in danger of being killed off through inaction because of attempts by the OIC and Arab states to insert the concept of “defamation of religion” and other vague restrictions to freedom of expression into the resolution; concepts which are often used by governments to forcefully repress freedom of expression and discriminate against minorities, including Muslim religious minorities.

“The Freedom of Expression resolution proposed by Egypt and the United States was adopted by all member states of the Council, and represents a major breakthrough.   It is the strongest message yet that the concept of defamation has no place in the Human Rights Council and should be left out of its deliberations,” said Mr. El Fegiery.    Pakistan, on behalf of the OIC, explaining its vote, hinted that the OIC may be moving toward a position more in line with the international legal standards and away from the concept of defamation of religions.

According to Mr. Smith, “Despite a positive resolution on Freedom of Expression, the Council’s  failure to provide accountability for victims of War Crimes in Gaza while also imposing undue limitations on rights in the form of “traditional values” has once again caused it to fall well short of its obligations to uphold  and strengthen human rights.”


Contact: 
Arabic- Moataz El Fegiery ([email protected])      English- Jeremie Smith ([email protected])

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