EAST AND HORN OF AFRICA HUMAN RIGHTS DEFENDERS NETWORK

Statement to Heads of State

12 th May 2007

Kampala: EHAHRD-Net’s statement to all East and Horn of Africa Heads of State:

Today the 12 th of May 2007, on the Occasion of the opening of the Forum on the Participation of NGOs in the 41 st Ordinary Session of the African Commission on Human and Peoples’ Rights, and the 15 th African Human Rights Book Fair, in Accra , Ghana; the East and Horn of Africa Human Rights Defenders Network calls upon members of the UN Africa Group, together with other regional groups, to support strong reforms at the UN Human Rights Council in its fifth and final session of its inaugural year from June 11-18. The Network urges African countries to work together in the next two months to ensure that the UN Human Rights Council adopts mechanisms that will strengthen its ability to address human rights violations across the world. The Network is particularly calling on the Council to preserve the independence and flexibility of the system of 'Special Procedures' that monitor human rights worldwide", and "establish a universal periodic review (UPR), that involves independent experts and non-governmental stakeholders at all stages." Finally, the Network urges the Council to "demonstrate an increased willingness to act on urgent human rights situations in a balanced and proactive way." 

The Human Rights Council (HRC) was set up in 2006 to strengthen protection for victims of human rights abuses worldwide. Three crucial areas of the building process are being looked at. The Universal Periodic Review, the ongoing review of Special Procedures and the HRC agenda and programme of work.

1. Universal Periodic Review mechanism (UPR)

• Through the UPR, the HRC will review the human rights situation in all member states of the UN and this should be conducted in a manner which ensures universality of coverage and equal treatment with respect to all states.

• We propose that a team of independent experts be put in place to provide technical support for the UPR. Their inclusion will provide added value by providing specialized knowledge to the UPR process.

• We appreciate the need for a follow-up mechanism as a way of ensuring real impact of the UPR on the ground. The appointment of rapporteurs would help to provide feedback to the Council on the implementation of its recommendations in addition to bridging the gap between the Council and human rights defenders in member countries.

• We value the role of experts and NGOs in the UPR process through providing credible information, participating in the review itself and engaging in discussion concerning the outcome of the review. In this regard therefore, the role of national, regional and international NGOs including those that do not have ECOSOC consultative status cannot be underestimated.

• We further stress the role of the UPR in providing substantial input to human rights protection as envisaged by the General Assembly resolution 60/251. As such, the UPR deserves a place on the HRC’s agenda in order to provide a just forum that both states and human rights victims deserve.

• The office of the High Commissioner for human rights should prepare an evaluation and assessment of the country situation not forgetting to consider information from the state under review, non-governmental organizations, national human rights institutions, regional bodies and other relevant UN and human rights bodies.

• Every state should be reviewed at least once every four years through the UPR carried out in parallel working groups.

2. Review of Special Procedures

• Over the past thirty years, the work of the Special Procedures has resulted in crucial relief to victims of human rights abuses and provided a rich source of reflection on a range of human rights issues. The current review of the Special Procedures must enhance this important tool.

• We suggest that retention of country mandates be done after evaluating the human rights situation of a particular country and the potential contribution the country rapporteur can make towards improving the situation. Country rapporteurs would enable the HRC to respond quickly and effectively to the most pressing human rights situations.

• While acknowledging the need for the protection of the Special Procedures, we wish to stress that this should not compromise the independence of mandate holders in addressing the responsibilities of governments to cooperate with Special Procedures.

• Special Procedure mandate holders’ conduct should be guided by best practices, and their working methods should remain flexible in order to be effective.

• The Council should continue the practice of selecting mandate holders through a process of appointment by the President of the Council.

• A pre-screening process for eligibility against clear criteria should be put in place to enhance transparency of the appointment process.

• We also stress the need to respect the work of mandate holders, including allowing unimpeded visits and prompt responses to their communications and recommendations. The Council should further ensure that all UN member states observe this provision less of which, punitive measures should be effected since all states are emphasizing cooperation and dialogue.

• When adopted, the code of conduct should be limited to professional ethics and principles; adhere to the guidelines outlined above, and address the responsibilities of both mandate holders and states.

3. The HRC’s Agenda and programme of work

• The agenda is an important element in ensuring the HRC’s capacity to deal with the full range of human rights issues in a timely and effective manner. It must therefore, follow a fine line of flexibility, so as not to limit the HRC’s work.

• In recognition of the fact that human rights situations are volatile and could change in a very small space of time within a given year, we suggest that the HRC develops a mechanism whereby more pressing issues can be attended to with the urgency they deserve.

• Review of the Council’s human rights situations shall be greatly improved if the agenda included a mechanism that would ensure Council follow-up both at routine intervals and on priority basis for urgent matters and situations.

• We call upon the HRC to put in place a gender-sensitive mechanism that addresses issues concerning the human rights of women. This would require regular planning and evaluation to ensure the integration of a gender perspective throughout the Council’s work.

For further information on this statement please contact, Hassan Shire Sheikh, Chairperson EHAHRDP/Net: +233-249832702 (Note that this is his temporary contact during his stay in Ghana until May 22 nd 2007)