human rights mechanisms
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GLOBAL GOVERNANCE: ‘The Summit of the Future is a once-in-a-generation opportunity to make a difference in people’s lives’
CIVICUS speaks with Dr Richard Ponzio, Director of the Global Governance, Security and Justice Programme at the Stimson Center, about the deficits of the global governance system and civil society’s proposals for reform.
The Stimson Center is a non-profit, nonpartisan think tank that promotes international peace and security and shared prosperity through applied research and independent analysis, global engagement and policy innovation.
Dr Ponzio also co-directs the Stimson Center-ledGlobal Governance Innovation Network.
What’s the purpose of the Summit of the Future planned for September 2024?
The Summit of the Future, the convening of which had been recommended by the United Nations (UN) Secretary-General, was originally set to be held in 2023, but following somewhat acrimonious negotiations a decision was made to delay it by a year. We witnessed a major diplomatic fault-line between several influential global south countries and a large proportion of the UN membership, caused primarily by the perceived competition between the Summit of the Future and the mid-point Summit for the Sustainable Development Goals (SDG Summit), held in September 2023.
In particular, Cuba, on behalf of the G77 and China, repeatedly reiterated its lingering concerns that the Summit of the Future’s multiple tracks could divert political attention, financial resources and precious time, particularly for smaller UN missions, from the ‘main priority’ of achieving the 2030 Agenda for Sustainable Development
This is one significant area where civil society organisations worldwide can help bridge divisions between major groupings of UN member states. Specifically, they can help build the case that while the SDG Summit arrived at a relatively brief high-level political statement acknowledging global governance gaps in need of urgent attention to accelerate progress on the 2030 Agenda, the preparatory process for next year’s Summit of the Future is designed to realise – through well-conceived, politically acceptable and adequately resourced reform proposals – the actual systemic changes needed to fill those gaps.
This will entail comprehensively tracking the SDG Summit’s identified gaps and ensuring their coverage, backed by sufficient financing and high-level political support – including through concurrent deliberations in the G20, G7 and BRICS+ forums – in the multiple, in-depth instruments to be negotiated for the Summit of the Future, including its main outcome document, the Pact for the Future, and the associated Declaration on Future Generations, Global Digital Compact and New Agenda for Peace. In tangible ways, these instruments will help take forward the 2030 Agenda, the 2015 Paris Climate Agreement and the wider UN agenda.
What key considerations should policymakers take into account ahead of the Summit?
While seeking to avoid political minefields that could make working relations between major groupings of UN member states even more toxic, it is critical that in the coming weeks and months, all member states begin to coalesce around a select number of ambitious, high-impact global governance innovations that will constitute the chief legacy of the Summit. Otherwise, what’s the point of holding it, let alone the UN75 Declaration and the Secretary-General’s Our Common Agenda that preceded it?
The UN 60 Summit held in 2005 was the last time the need for improvements across the entire UN system was reviewed in a single intergovernmental summit. Although governments came up short in high-profile areas such as Security Council reform and disarmament, there were three major achievements: the creation of the new UN peacebuilding architecture, which included the Peacebuilding Commission, Fund and Support Office; the adoption of the Responsibility to Protect principle; and the upgrade of an enfeebled Human Rights Commission into an empowered Human Rights Council with new tools for safeguarding human rights, such as the widely acclaimed Universal Periodic Review.
What would a successful Summit of the Future look like?
Five big-ticket reforms, one for each of the Pact for the Future’s five agreed chapter headings, would help ensure a legacy worthy of UN75 that addresses today’s toughest global challenges.
In the area of sustainable development and financing for development, the convening of a biennial UN-G20+ Summit for the Global Economy would help foster socioeconomic recovery from the pandemic, mitigate and manage cross-border shocks and address rising global inequality. Such global economic convening would push the leaders of the G20 and heads of the international financial institutions and World Trade Organization to join all 193 UN member states and the Secretary-General for the General Assembly’s annual high-level week – in which the participation of influential countries at the highest level has waned.
In the area of international peace and security, a major reform would be the upgrade of the UN Peacebuilding Commission to an empowered Peacebuilding Council equipped to prevent conflict and build just and durable peace after protracted violent conflicts. Crucially, this would involve an expanded mandate to enhance peacebuilding policy development, coordination, resource mobilisation and conflict prevention efforts in countries and regions not directly addressed by the Security Council.
In the area of science, technology and innovation and digital cooperation, it would be key to establish an International Artificial Intelligence (AI) Agency to advance the core principles of safety, sustainability, and inclusion through effective global governance to harness the potential of artificial intelligence and other cyber-technologies for humanity. Specifically, the new agency would improve visibility, advocacy and resource mobilisation for global AI regulatory efforts and provide thought leadership and help to implement General Assembly and Security Council AI and cyber-technology initiatives.
Regarding young people and future generations, the focus should be on establishing an Earth Stewardship Council (ESC) for improved governance of the global commons, as well as a new Special Envoy for Future Generations, to better carry out together the Declaration on Future Generations now being negotiated. To ensure member states’ adherence to their declaration commitments, the ESC could conduct an annual Future Generations Review.
Finally, the transformation of global governance could be achieved through reform of the global economic and financial architecture to allow for greater stability and sustainable progress. Among the most urgent changes needed is the strengthening of the global debt architecture through, for example, debt-for-nature-swaps and a representative sovereign debt authority to aid indebted countries in restructuring. There’s also an urgent need to repurpose multilateral development banks by expanding their lending capacity by more than US$100 billion, reforming voting rights and decision-making rules, instituting new measures to de-risk investments to further unleash private capital and issuing the International Monetary Fund’s Special Drawing Rights more regularly and at greater scale to finance critical global public goods.
What pitfalls should the international community watch out for in the run up to the Summit?
As noted earlier, a major diplomatic fault-line has opened between several influential global south countries and a large proportion of the UN’s membership, the Secretariat and many civil society groups.
Despite a well-conceived and carefully consulted ‘roadmap’ by the summit’s co-facilitators, the permanent representatives to the UN of Germany and Namibia, and 11 carefully crafted policy briefs by the Executive Office of the Secretary-General, the current approach to Summit preparation involving consultations with member states and other stakeholders has been disappointing.
Being excessively process-oriented, for most of last year it focused on determining the precise number of intergovernmental negotiating tracks and the degree of ambition within each track, risking delays to substantive work on the Pact for the Future and related instruments.
Long-overdue discussions on substance are urgently needed to improve the methods and institutions that will enable the UN to face an expansive and critical agenda that runs across its three pillars – peace and security, sustainable development and human rights. Their absence is keeping the international community from achieving the UN we need for the future we want, as the UN75 Report put it.
How can civil society engage with the Summit?
As in past UN summits, the active, well-informed and independent contributions of diverse partners from across civil society worldwide, including advocates from civil society organisations, community-based leaders, regional and country-level practitioners, scholars, policy analysts and faith community leaders, are critical to a successful outcome. As well as having innovative ideas and expertise to share, they can help amplify key messages and commitments coming out of government-led negotiations in the weeks and months ahead for the broader public in their countries, mobilising greater support for actions to address global challenges.
To facilitate further constructive contributions from civil society over the coming months, the Coalition for the UN We Need has encouraged UN missions to consider welcoming at least one individual civil society and one individual youth representative onto their negotiating teams in the months prior to the Summit, as well as to encourage open and accessible intergovernmental meetings for civil society to observe and, on occasion, offer timely substantive inputs. Member states are also encouraged to welcome and facilitate the participation of their national civil society leaders in the 9-10 May UN-Civil Society Forum in Nairobi, Kenya, which the UN Secretariat is planning with the Coalition for the UN We Need and other civil society partners committed to maximising the full potential of the Summit of the Future.
Through a combination of critical mass, quality ideas, enlightened global leadership and deft multilateral diplomacy, civil society can team up with champion governments, alongside dynamic leaders in global and regional institutions, to ensure that this literally once-in-a-generation Summit of the Future makes a meaningful difference in people’s lives. Together, governments and their partners in civil society and multilateral institutions must work quickly and resolutely to leverage this opportunity to realise the future we want and the UN we need for present and future generations.
How is the Stimson Center working to bring different stakeholders together?
Since the 2015 report of the Albright-Gambari Commission on Global Security, Justice and Governance, Confronting the Crisis of Global Governance, and the 2021 launch of the Global Governance Innovation Network (GGIN), the Stimson Center has encouraged constructive engagement of diverse stakeholders in civil society, government and the private sector on issues of global governance innovation, and specifically in preparation for the 2024 Summit of the Future.
Among the GGIN’s primary workstreams, it has facilitated 10 global and regional policy dialogues in the global north and south, including a forthcoming one in Africa, undertakes and commissions policy research, including from female and younger scholars, and coordinates a diverse, global online community of practice including scholars, practitioners and policy advocates.
The GGIN is also a proud founding partner of the Coalition for the UN We Need, which – along with its predecessor, the UN2020 campaign – provides a global platform to enable greater civil society impact in strengthening the UN system. In 2024, the Coalition will give particular attention to engaging civil society partners in its critical advocacy work to raise the ambition of the Summit of the Future so that it can make the UN system more inclusive, effective and accountable.
Get in touch with the Stimson Center through itswebsite and follow@StimsonCenter,@GGINetwork and@ponzio_richard 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.
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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.