How Can Sri Lanka Successfully Overcome The Challenge Of The UNHRC Resolution?

By Rohana Jayaratne –MARCH 4, 2021

Rohana Jayaratne

The United Nations was founded in 1945 after the Second World War by 51 countries for the express purpose of maintaining international peace and security in order to save succeeding generations from the repetition of the scourge of war by facilitating conflict resolution through negotiated settlement. Additionally, the UN helps nations work together to eliminate poverty and illiteracy, and to encourage respect for each other’s rights and freedoms and for the protection of nature essential for sustainable life on the planet.

In essence, it acts as the moral compass of the world in upholding universal values, ethics and principles which are respected by all nations and critical for the progress and survival of humanity.

In the above context, can Sri Lanka question the integrity of the UNHRC, an important arm of the UN, and thereby condemn the very foundation that it was built on?

The four largest contributors to the United Nations are the USA (22%), China (12.005%), Japan (8.564%) and Germany (6.090%) who together finance some 49% of the entire UN budget. The United States contributed roughly $10 billion in 2018, slightly less than one-fifth of the body’s collective budget. Hence, they have a strong oversight in the formulation of its budget and operations.

This is the reality that weaker membership has to collectively consent to if they wish to benefit from the safeguards to international peace and security. However, the UN General Assembly’s ‘one nation one vote’ policy strives to ensure a forum for democratic governance. 

No doubt, the UN faces serious challenges which are inevitable as a consequence of the conflict arising from the policy of self interest of individual nations versus their collective interest. It is the responsibility of nations to view the bigger picture of the UN body and all its arms in complying with its covenants and contracts of universal nature. Exiting voluntarily from UN membership or being expelled for non compliance is not an option for a weak nation in the global context of super power competition.

The Security Council

Permanent membership in the Security Council was granted to five states based on their importance in the aftermath of World War II namely the USA, China, France, Russia and the UK also referred to as the five superpowers. The council’s ten elected members, which serve two-year, nonconsecutive terms, are not afforded veto power but wield moral authority to guide decision making on enforcement of UN resolutions.

The five super powers have earned their status through economic, military, technological, political and cultural strength as well as diplomatic and soft power influence.

It is evident that the geopolitics of the world is a function of super power competition which is the overarching reality within which weaker nations like Sri Lanka have to progress and protect their individual interests.   

In keeping with the world’s status quo, it would be in Sri Lanka’s best interest to act in a manner that is non-confrontational and co-operative with the UN and its ancillary bodies. 

The Human Rights Council (UNHRC)

The Human Rights Council (HRC) is an inter-governmental body within the United Nations system limited to 47 States responsible for the promotion and protection of all human rights around the globe. It has the ability to discuss all thematic human rights issues and situations that require its attention throughout the year.

The HRC was established by the UN General Assembly in 2006 to replace the UN Commission on Human Rights (UNCHR) which was criticized for its ineffectiveness in addressing human rights abuses and for allowing countries with poor human rights records to be members.  It reports directly to the UN General Assembly where every nation has an equal say in decision making.

Universal Human Rights

Promoting and protecting human rights is one of the United Nation’s fundamental goals. It works actively to define, help implement, and monitor international human rights standards. The General Assembly, for example, has adopted some 80 human rights conventions and declarations since 1948.

Universal human rights are expressed and guaranteed by law, in the forms of treaties, customary international law, general principles and other sources of international law which are formulated on the basis of universal principles of justice. International human rights law lays down obligations of Governments to take positive action in certain ways or to refrain from particular acts in order to promote and protect human rights and fundamental freedoms of individuals or groups.

The United Nations Office of the Commissioner for Human Rights (UNOCHR) 

The UNOCHR has the lead responsibility for the promotion and protection of human rights, and for mainstreaming human rights within the UN. It has been given a unique mandate to do so by the international community, through the General Assembly.

Hence, it is important to keep in mind that the clearly enunciated mandate is the guiding force of all HR Resolutions.

Human Rights Mechanisms

The UN has established a number of human rights mechanisms to monitor the implementation of human rights standards worldwide as follows:

* Human Rights Council, an intergovernmental body of 47 member states elected the UN General Assembly

* Ten human rights treaty bodies, which are committees of independent experts who monitor the implementation of the 10 core human rights treaties by the countries who’ve ratified them

* Independent thematic and country experts, known as the special procedures, who are appointed by the Human Rights Council to report and advise on human rights

* Judicial organs in the UN family, such as the International Criminal Court, and specialized criminal tribunals established by the Security Council, work to ensure justice in cases of gross human rights violations.

Here again, it is evident that the HRC operates within strict guidelines and procedures with critical checks and balances to ensure impartiality and independence making it virtually uncontestable by individual nations.

Consequently, the allegation that the HRC is operating on a hidden agenda to discredit and censure Sri Lanka appears very unlikely. 

In this regard, it has been recently highlighted that the UK as a major contributor with super power status is about to pass legislation to exonerate the British army from war crime charges and other war related  violations of human rights. The proposed bill was reviewed and totally condemned by JUSTICE, the UK section of the International Commission of Jurists on the grounds that it would dilute the UK’s commitment and adherence to international human rights laws and norms. They strongly urge parliamentarians to vote against the Bill, in its entirety.

It is heartening to note that the display of independent review and condemnation of the Bill by UK legal experts is commendable and indicative of its fate. 

Many such issues which display the self interest of powerful member states taking precedence over international norms of conduct are rife. However, checks and balances provided through their processes of democratic governance most often ensure that such actions do not come to fruition. 

The administrative mechanism of all UN bodies, particularly the UNHRC which addresses issues of a very sensitive nature, are often subject to intimidation by powerful nations or non compliance by authoritarian regimes. 

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