regional organisations
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GLOBAL GOVERNANCE: ‘The main problem is that words do not translate into tangible actions’
CIVICUS speaks about the challenges of global governance with Carlos Quesada, founder and executive director of the Institute on Race, Equality and Human Rights (Race & Equality).Race & Equality is an international civil society organisation (CSO) that works with activists and organisations in Latin America to promote and protect the human rights of people who are excluded because of their national or ethnic origin, sexual orientation or gender identity. It does so through training, documentation of human rights violations and advocacy work at the national and international levels.
What opportunities does the current institutional system of global governance offer?
The current system offers opportunities to work for the improvement of international standards for the protection and promotion of human rights, which we have taken advantage of. Race & Equality played a key role, for instance, in developing the Inter-American Convention Against Racism, Racial Discrimination and Related Forms of Intolerance (CIRDI) and the Inter-American Convention Against All Forms of Discrimination and Intolerance, the approval of which was achieved following 13 years of work with various countries in the region.
We work closely with political bodies of the Organization of American States (OAS) such as the General Assembly and the Committee on Juridical and Political Affairs. In the global system of the United Nations, we help our national counterparts influence treaty bodies, during the Human Rights Council Universal Periodic Review process in their countries, and in their interactions with Special Procedures – the Special Rapporteurs, Working Groups and Independent Experts.
Our strategy focuses on supporting struggles for the rights of women, LGBTQI+ people, children and people of African descent using treaty bodies. In this way we ensure that our recommendations are integrated into the observations and conclusions of member states in bodies such as the Committee on the Elimination of Discrimination against Women, the Committee on the Elimination of Racial Discrimination and the Committee on the Rights of the Child.
What are the main problems with the current global governance system?
Returning to the previous example, although we have achieved the adoption of two Inter-American conventions against racism and discrimination, unfortunately only six states in the Americas have ratified CIRDI and one of them, Brazil, has issued a reservation limiting its use to cases before the Inter-American Court of Human Rights (IACtHR). Only two states in the hemisphere have ratified the Convention against All Forms of Discrimination and Intolerance.
The main deficit of the global governance system lies in the lack of implementation of what has been agreed. There is a gap between states’ public declarations and promises in these instances and their real commitment to compliance. Despite progress, words are often not translated into tangible actions.
Another example of this deficit is the low number of IACtHR rulings that are fully complied with. There is no mechanism to punish states that fail to comply with court rulings. The only positive aspect is that they are not time-barred, so there is always hope that a change of government takes place and the new government decides to comply with them.
The fact that recommendations are not binding is a major challenge for both the Inter-American system and global systems and has been a fundamental structural problem since their inception. Sanctions should be binding, but they are not, and at the end of the day the process becomes a dialogue of good intentions where states promise to comply with recommendations, but in practice they rarely do.
What do you think a more robust, effective and democratic global governance system would look like?
The big challenge for civil society is to trigger a cascade effect from the local to the international levels. This involves strengthening democracy at the local level so that democratic principles are reflected in various spaces, even reaching international institutions such as the OAS. There should be real democratic political participation so that democratic states embrace a genuine commitment to respect and promote human rights and sanction violations.
This commitment must not be merely declarative but must be genuine and accompanied by effective dialogue with civil society to advance standards for the promotion and protection of human rights. Currently, states and CSOs are engaged in monologues – we don’t engage in dialogue with each other. Civil society uses these spaces to make recommendations, but often lacks an interlocutor on the other side. States, for their part, make speeches for the world to hear, without establishing real dialogue. There is a need to move towards a more participatory and collaborative model.
What reforms are you campaigning for?
Race & Equality is promoting the CIRDI2024 campaign with the aim of achieving full ratification of CIRDI before the International Decade for People of African Descent ends next year. Our goal is to achieve the 10 ratifications needed to create an Inter-American Committee to Prevent and Punish Racial Discrimination in the Americas.
We are also participating, alongside other CSOs in the Americas, in dialogues on how to improve civil society participation in the political bodies of the OAS. This way, we seek to transform current monologues into real dialogues between civil society and states. We want these dialogues to be real, tangible and effective, promoting more meaningful collaboration.
In addition, we are promoting a campaign to make the rulings of the IACtHR binding. This step is essential to ensure the protection and prevention of human rights violations in the Americas. We are committed to producing significant and tangible changes to strengthen mechanisms for the protection and promotion of human rights.
Get in touch with Race & Equality through itswebsite and follow @raceandequality onInstagram andTwitter.
This interview was conducted as part of the ENSURED Horizon research project funded by the European Union. Views and opinions expressed in this interview are those of the interviewee only and do not necessarily reflect those of the European Union. Neither the European Union nor the granting authority can be held responsible for them.
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GLOBAL GOVERNANCE: ‘We must reaffirm the relationship between the rule of law and human rights’
CIVICUS speaks with Francesca Restifo, Senior Human Rights Lawyer and UN Representative of the International Bar Association’s Human Rights Institute (IBAHRI), about the deficits of the global governance system and civil society’s proposals for reform.Established in 1947, the International Bar Association is the world’s leading organisation of international legal practitioners, bar associations and law societies. With a membership of over 80,000 lawyers and 190 bar associations and law societies spanning all continents, it influences the development of international law and helps shape the future of the legal profession throughout the world. The IBAHRI was created in 1995 to provide human rights training and technical assistance for legal practitioners and institutions, strengthening their capacity to promote and protect human rights effectively under a just rule of law.
What does the IBAHRI do, and how does it interact with international human rights organisations?
A leading institution in international fact-finding, the IBAHRI produces expert reports with key recommendations, delivering timely and reliable information on human rights and the legal profession. It supports lawyers and judges who are arbitrarily harassed, intimidated or arrested through advocacy at the United Nations (UN) and domestic levels and provides training and trial monitoring. We advocate for the advancement of human rights in the administration of justice, focusing on UN human rights mechanisms and pushing onto the UN’s agenda justice issues such as judicial independence and protection for all legal professions as essential building blocks to sustaining or reinstating the rule of law.
To achieve this, the IBAHRI also trains lawyers, judges and bar associations to promote and protect human rights at the domestic level and engage with UN human rights mechanisms. For example, the IBAHRI is working with Afghan lawyers and judges in exile, and particularly with women, to denounce the ongoing gender persecution in Afghanistan. The IBAHRI works with lawyers and academics to promote jurisprudence to punish the specific crime of gender-based apartheid.
We are also supporting Ukrainian lawyers on issues of accountability for war crimes, including via domestic jurisdiction and training them on international fair trail standards.
To what extent do current global governance institutions protect the rule of law around the world?
In January 2023, UN Secretary-General António Guterres said that ‘We are at grave risk of the Rule of Lawlessness’. Today, adherence to the rule of law is more important than ever. As Guterres pointed out, from the smallest village to the global stage, the rule of law is all that stands between peace and brutal conflict or repression.
In Palestine, Sudan and Ukraine, we are witnessing systematic war crimes committed by states. We are witnessing increasing violations of the UN Charter with the annexation, resulting from the threat or use of force, of a state’s territory by another state.
The ongoing devastating conflicts in Syria and Yemen have resulted in atrocities, thousands of deaths and incommensurable suffering. Unconstitutional changes in government are deplorably back in fashion. The collapse of the rule of law in Myanmar has led to a cycle of violence, repression and severe human rights violations. In Afghanistan and Iran, systematic attacks against women’s and girls’ rights that amount to gender persecution are creating an unprecedented regime of gender-based apartheid. In Belarus, Russia, Venezuela and many other places, authoritarian regimes are silencing the opposition and cracking down on civil society and civic space, repressing peaceful protests with excessive force and violence. In Haiti we see a severe institutional crisis coupled with an almost non-existent rule of law, leading to widespread human rights abuses and the escalation of crime rates.
At a time plagued with conflicts, division, crackdown and mistrust, states continue to contravene international law with impunity. Created to anchor the protection of rights, the multilateral system is in deep crisis. In the aftermath of the 75th anniversary of the Universal Declaration of Human Rights, we must reaffirm the strong and mutually reinforcing relationship between the rule of law, accountability and human rights.
Do you view these failures as linked to structural flaws in the global governance system?
The collapse of the rule of law, coupled with failures by the UN system to establish just and effective responses and address global challenges, has undermined trust in leaders and institutions. These challenges are interconnected and can only be addressed by interconnected responses, through a reinvigorated multilateralism, placing the UN, its Charter and its values at the centre of joint efforts.
We are facing a crisis of trust, a disconnect between people and the institutions that are supposed to serve and protect them, with many people left behind and no longer confident that the system works for them. We need to rethink ways to ensure effective responses.
In his Our Common Agenda report, the UN Secretary-General emphasised the need for the UN to support states, communities and people in rebuilding the social contract as a foundation for sustaining peace, stressing that justice is an essential dimension of the social contract.
However, we witness ever-increasing justice gaps, with many justice systems delivering only for the few. It has been estimated that 1.5 billion people have unmet justice needs. In many places around the world, women effectively enjoy only three quarters of the legal rights of men. Legal disempowerment prevents women, vulnerable groups and victims from using the law to protect and defend themselves.
When states fail, the UN should mobilise against impunity and hold perpetrators to account through fair, independent judicial proceedings.
What are the most needed reforms in the area of global governance?
First, it is time to rethink, renew and rebuild trust in international institutions and support governments to rebuild the social contract with their people and within societies. UN institutions must start by rebuilding, restoring and sustaining the rule of law, both internationally and domestically, by supporting victims and survivors and providing access to justice, remedy and reparation. To do so, a more inclusive, effective and principled multilateral system is urgently needed.
Communities need to see results reflected in their daily lives. People need to see their rights realised and need to know they can seek justice if their rights are violated.
Means are within reach, but they need to be better used and reformed to ensure their effectiveness. From the International Court of Justice (ICJ) to the UN Human Rights Council, with its accountability mechanisms including fact-finding missions and commissions of inquiry, there are institutions and mechanisms to promote and reinforce the rule of law. But they need to be enabled to provide effective solutions. For instance, if the Human Rights Council’s commissions of inquiry collect, analyse and preserve evidence of atrocity crimes, there must be states willing to use that evidence to bring cases before the ICJ.
The International Criminal Court is the central institution of the international criminal justice system, but the veto power enshrined in article 27(3) of the UN Charter systematically impedes the prosecution of the crime of aggression under the Rome Statute. All states have a responsibility to prevent genocide, war crimes and crimes against humanity and ensure that such crimes are ended and punished when they occur, as per the 1948 Genocide Convention, the 1949 Geneva Conventions and customary international law. However, we have recently seen the excessive use of the veto preventing the UN Security Council (UNSC) from exercising its function to address the most severe threats to international peace and security. Permanent UNSC members have a particular responsibility in this regard, given the powers vested in the Council to adopt effective measures to restore international peace and security and prevent or end such crimes. A reform of the UN system is needed to limit the veto, and in the meantime, we need to think of creative ways to overcome it.
We need to empower justice systems to better and more effectively use the principle of universal jurisdiction to prosecute crimes under international law and hold perpetrators to account. Through international cooperation, states should support domestic trials. For example, UN member states must be more proactive in supporting Ukraine’s justice system to conduct effective investigations and prosecute international crimes with fair trial guarantees.
Some interesting developments that may help address accountability gaps deserve some attention. Although international law is largely concerned with states’ rather than individuals’ obligations, the so-called Global Magnitsky Acts and the system of individual sanctions represent an interesting paradigm shift in the field of accountability for violations of international human rights law, including regarding corruption.
The Global Magnitsky Acts have been considered one of the most promising ways to address serious human rights violations and corruption in the future. They were established in response to the death of Russian lawyer Sergei Magnitsky in a Moscow jail cell in 2009, following which his client and US-born financier Bill Browder led a 10-year fight to strengthen national legal frameworks and responses to alleged gross violations of human rights. This led to a legal revolution in several countries across regions, including Canada, the USA and the European Union and its member states.
How is civil society in general, and the IBAHRI specifically, advocating for reforms?
Lawyers are at the forefront of the struggle for the protection of human rights. Without an independent, competent legal profession, victims of human rights violations are unable to exercise their right to redress. Lawyers, judges and bar associations have a vital role to play in promoting accountability, ending impunity and ensuring remedy for victims and survivors.
As part of the world’s leading organisation of international legal practitioners, bar associations and law societies, the IBAHRI is ideally placed to engage the global legal profession with such mechanisms and to advocate for the advancement of human rights and the independence of the legal profession.
We work with the legal professions at large to sustain the rule of law, ensure implementation of international human rights standards, enhance judicial independence and fair trial guarantees and encourage an effective and gender-responsive administration of justice. The IBAHRI supports the work of lawyers and legal professionals to bring about accountability for war and atrocity crimes, provide legal defence to those arbitrarily and unjustly detained, improve legal frameworks, promote the common acceptance of legal rules and encourage greater engagement with the UN system.
Get in touch with the IBAHRI through itswebsite orFacebook page, and follow@IBAHRI on Twitter.
This interview was conducted as part of the ENSURED Horizon research project funded by the European Union. Views and opinions expressed in this interview are those of the interviewee only and do not necessarily reflect those of the European Union. Neither the European Union nor the granting authority can be held responsible for them. -
GLOBAL GOVERNANCE: ‘When there is political will, states are able to uphold their responsibility to protect’
CIVICUS speaks with Elisabeth Pramendorfer, Geneva Representative, Global Centre for the Responsibility to Protect (GCR2P), about the deficits of the global governance system and civil society’s proposals for reform.The GCR2P is a civil society organisation (CSO) that works to uphold the principle of the Responsibility to Protect, which the United Nations (UN) adopted in 2005. This principle seeks to ensure that the international community mobilises to prevent and stop the mass atrocity crimes of genocide, war crimes, ethnic cleansing and crimes against humanity.
What is the Responsibility to Protect?
The Responsibility to Protect (R2P) is an international norm that seeks to ensure that the international community never again fails to prevent and respond to genocide, war crimes, crimes against humanity and ethnic cleansing – often referred to as mass atrocity crimes. R2P was conceptualised as a political and operational response to the failures of the international community to prevent and respond to the genocides in Rwanda and Bosnia and Herzegovina. It was unanimously adopted at the 2005 UN World Summit.
R2P is a political commitment and call to action. It means that sovereignty does not provide a state with carte blanche to commit crimes against its own population. It stipulates that every state has the primary responsibility to protect its population from mass atrocity crimes and that the wider international community has the responsibility to encourage and assist them in meeting that responsibility. If a state is manifestly failing to protect its population, the international community must take appropriate collective action in a timely and decisive manner and in accordance with the UN Charter.
In practice, this means that states have a responsibility to build and strengthen an atrocity prevention architecture by ensuring human rights protection, guaranteeing equal access to justice and a strong rule of law, and memorialising and acknowledging past atrocities, among other measures.
A variety of measures may be involved in assisting other states in upholding R2P, such as providing technical assistance and capacity strengthening or supporting military and police training. In situations where atrocity crimes are imminent or ongoing, the toolbox of action may include the use of good offices, mediation, negotiation or other forms of preventive diplomacy; the imposition of arms embargoes and targeted sanctions against identified perpetrators; the establishment of UN-mandated investigative mechanisms to document and report on atrocity crimes; and the deployment of peacekeeping missions.
It is key for the response to any given situation to be context-specific, based on the unique drivers, motivations and risk factors of violence, the enabling and mitigating factors that are in place, and an in-depth understanding of who is targeted and why – all of which, even within the same crisis, may change over time and pose different risks to different groups. This is what we call ‘atrocity prevention’.
How well are existing global governance institutions fulfilling this responsibility?
Since 2005, we have seen remarkable institutional progress in advancing R2P as a political norm. There have been more than 90 resolutions by the UN Security Council and over 75 by the UN Human Rights Council (UNHRC) that refer to R2P, including for situations in the Central African Republic, North Korea, South Sudan, Syria and Yemen. Many governments around the world have committed to the advancement and implementation of R2P, including by becoming members of inter-governmental networks such as the UN Group of Friends of R2P and the Global Network of R2P Focal Points, which also includes regional organisations such as the European Union and the Organization of American States.
The UN General Assembly meets annually to exchange on best practices and lessons learned in upholding our individual and shared R2P. The UN has an office, the Joint Office on the Prevention of Genocide and R2P, fully dedicated to advancing R2P. Longstanding efforts to mainstream atrocity prevention on a national, regional and multilateral level have helped us better understand how to identify risk factors of atrocity crimes and develop early warning models.
Yet the international community continues to fail to uphold universal human rights and prevent atrocity crimes – in China, Ethiopia, Israel and the Occupied Palestinian Territory, Myanmar, Sudan and Syria, among many others. It also struggles in ensuring accountability and ending impunity.
While R2P is the most effective principle around which the international community can coalesce when vulnerable populations face the threat of atrocity crimes, it does not have independent agency. As with so many other protection agendas, implementing R2P and making atrocity prevention a living reality rests largely with governments as political actors. And more often than not, political leaders fail to implement principles and institutions fail to uphold mandates.
It is a sad reality of our job that politics and governments’ strategic interests often come in the way of meaningful action and that some serious country situations simply don’t receive the attention they should. Western governments’ extraordinary solidarity with Ukraine in the face of Russia’s illegal act of aggression shows how rapidly the international community can respond, including by establishing investigations at the UNHRC, imposing an expansive sanctions regime, opening an investigation at the International Criminal Court and obtaining provisional measures by the International Court of Justice (ICJ). These much-needed actions show that when there is political will states are able to uphold their responsibility to protect populations at risk and turn condemnation into action. At the same time, it has raised valid and long-overdue questions of why we have not seen a similar response to crises in Ethiopia, Myanmar or Sudan.
Do you think this failure to respond is linked to structural flaws in the global governance system?
The international community has all the tools and measures to prevent and respond to atrocity crimes effectively – and any other human rights violations and abuses, for that matter. Implementing R2P means nothing other than implementing existing obligations under international law, including the Geneva Conventions and the Refugee Convention. But states continuously fail to make consistent use of this remarkable protection regime, both in an individual and collective capacity.
We are witnessing a hierarchy of victimhood and an arbitrariness in compassion and condemnation. Mounting evidence of atrocity crimes in Gaza has revealed blatant double standards in our response to crisis situations, particularly by states that pride themselves as champions of human rights, justice and international law. So I don’t think it is structural flaws in the existing global governance system that explain our failure to protect people everywhere and at all times – it is the lack of states making principled and consistent use of it regardless of where atrocities are imminent or ongoing.
As we have commemorated 75 years of both the Universal Declaration of Human Rights and the Genocide Convention, we must remember that legal and political protection instruments – including R2P – only have meaning and value if we as an international community and as individual stakeholders are committed to respecting and upholding them anywhere and at all times. Failure to do so will seriously harm our credibility and legitimacy when we do take action and call for respect for those norms and values.
At the same time, we must ensure that affected communities, human rights defenders and victim and survivor groups are systematically included in policy discussions and decision-making processes. For a crisis response to be effective, it needs to be transformative, rooted in the needs of affected communities and tied to long-term efforts to further peace, development and human rights.
How is civil society in general, and the GCR2P in particular, advocating for R2P?
Although R2P as a political commitment rests with states, most times it is CSOs that are the driving force behind pressuring governments to adhere to it. Our work and that of countless civil society activists around the world is fundamental in reminding states that they not only have a responsibility to protect their own populations but also mustn’t look away when rights are violated elsewhere.
Through advocacy with UN member states, regional organisations and the multilateral system, we provide strategic guidance to governments, UN officials and other key stakeholders on what needs to be done – by whom, how and when – to prevent mass atrocities. We wouldn’t be able to do this if it weren’t for the civil society colleagues around the world who are at the forefront of documenting violations and abuses, holding their government and others to account and providing support and assistance to victims, survivors and affected communities, often at great personal danger. Our job is to amplify their voices, expertise, demands and calls to action in the arenas we operate in.
One aspect of our work I would like to highlight is the fight against impunity. Ensuring accountability for mass atrocity crimes – which may include truth-telling, reparations, criminal investigations and transitional justice processes – is not only an end in itself but can help deter future mass atrocity crimes. We have worked hand in hand with human rights defenders and affected communities around the world to advance accountability efforts, including by leading campaigns for the establishment of UN investigations into atrocity crimes in Ethiopia, Israel and the Occupied Palestinian Territory, South Sudan, Sudan, Venezuela and Yemen, as well as the establishment of an Independent Institution on Missing Persons in Syria, and contributing to efforts so that The Gambia filed a case against Myanmar before the ICJ for violations of provisions of the Genocide Convention.
I would like to pay tribute to all our colleagues around the world who tirelessly fight to ensure ongoing attention on injustice, violence and suffering for even the most forgotten crisis. Every small success – be it advocating for special sessions to discuss an emerging crisis at the UNHRC, the opening of a universal jurisdiction case against perpetrators, or a government’s decision to re-engage with the international system and commit to genuine reform – is a step in the right direction. Every time the international community puts the spotlight on atrocity perpetrators somewhere, it sends a signal to those committing similar abuses elsewhere.
Get in touch with the GCR2P through itswebsite orFacebook page, and follow@GCR2P and@ElisabethGCR2P on Twitter.
This interview was conducted as part of the ENSURED Horizon research project funded by the European Union. Views and opinions expressed in this interview are those of the interviewee only and do not necessarily reflect those of the European Union. Neither the European Union nor the granting authority can be held responsible for them.