Discussion with the Deputy High Commissioner for Human Rights

The brief record of the discussion between East Asian scholars and the Deputy High Commissioner and officials at the UN Office of the High Commissioner for Human Rights, conducted on 17 July 2018, is now cleared by the Deputy High Commissioner’s office. It will also be published on the ACUNS (Academic Council on the United Nations System) site.

Human Rights is NOT in Retreat insisted the Deputy UN High Commissioner for Human Rights Kate Gilmore, while Importance of Universal Periodic Review emphasized by UPR Chief Mr. Gianni MAGAZZENI

 

Deputy High Commissioner Gilmore saw real benefit in the academic collaboration with East Asian scholars and first opened the floor for the commentators.

 

Prof. Ai Kihara-Hunt of the University of Tokyo, Japan, inquired with the Deputy High Commissioner how the UN-OHCHR was dealing the global trend of retreat of human rights, and what its strategy is in tackling the issue of globally shrinking space to speak up for human rights. In particular, the speaker asked if there was a way of collaborating with the group, who share two common features: they are East Asians, and they are academics.

 

In presenting the trend of retreat, Prof. Kihara-Hunt mentioned that examples of the rise of populism needed no mention among the informed participants. In more States, vindictive and xenophobic rhetoric of populism were more apparently and bluntly in the face of the general population. It was at multiple levels, from the government policies to the public’s attitude toward outsiders, and worryingly, this trend was even in the laws and regulations, through which more discrimination appears to be legitimized.

 

In the case of Japan, too, the government’s survey on the public awareness of human rights, suggested that the vast majority of the Japanese population are aware of human rights, noting that the topics that they inquired about were mostly concerning categories of persons who may face discrimination but did not other substantive topics, such as death penalty, freedom of opinion and expression, sexual violence, ill-treatment against foreign workers, immigration. Rights and freedoms are necessary to create democratic space for everyone’s human rights.

 

She encouraged East Asian scholars to contribute to the endeavor of maintaining and regaining space for human rights.

 

Prof. Sheng of China asked if there is a gap between the Office and the people in the field, referring to the human rights situation of women and children in Central African Republic. He also asked how much impact the US’s withdrawal from the Human Rights Council has.

 

Professor Changrok Soh of Korea University thought there should be an East Asian dialogue about human rights, even if this does not happen at the State-level. He recommended that Universal Periodic Review (UPR) be used as a topic of discussion among the East Asian scholars.

 

Mr. Inuzuka, former member of the Japanese Diet, wondered what the Responsibility to Protect concept would be in relation to peacekeeping in the era of President Trump.

 

Deputy High Commissioner questioned whether human rights are really in retreat, and if so, by what measure would we assess this to be the case? After all, the Universal Declaration of Human Rights, signed 70 years ago, has since been included in almost every new national constitution established subsequently; the majority of UN member states being constituted post-WW2. There are now laws in countries all over the world that reference the contents and/or values and/or purposes of the Declaration enabling the cascade of human rights from the universal and the global to the national and the local.

 

The Universal Periodic Review (UPR) is concrete evidence of this universal engagement in human rights, having now passed through two cycles with which all States cooperated while, for example, the Rome Statute establishing the International Criminal Court with jurisdiction over international crimes, is further evidence that never before has the world been so aware of human rights; of those who are lost to human rights violations and of States’ potential for abuse of power and their obligations to relative powerlessness.  Never before have we known so much about the nature and causes of preventable human suffering; never before has so much evidence been collected about the violations/abuses of human rights; never before has there been so many forums in which evidence of these matters can be put before member states. These are not the circumstances of defeat or of retreat. That being said, there is no question that political discourse has deteriorated: political narrative about universal rights has worsened as has the moral character of that political discourse.

 

She further emphasized that claims for rights to be upheld were not in retreat. Human rights defenders continued to demand for human rights. The number of people documenting human rights evidence has increased.  There is a broader based clash between people’s demand for rights and the State’s efforts to “supply rights”. She expressed her opinion that it was important to challenge current negative political narratives, by building coalitions to amplify the demand for rights. She noted specifically that what is under assault are not only values, but also the place of fact and of evidence. The norm that public policy should be based on evidence and on impartial standards was under assault.

 

How this retreat from the disciplines of standards, norms and evidence-based policy making has an impact is clear in peacekeeping. The UN is overdependent on certain donors; it has its political economy that affects its policy making including in respect of fulfilling its mandate in times of conflict.

 

Times are changing.  There are more people than ever on the move. Climate change is a local problem with only global solutions. Inequality is the gravest threat to enduring peace. There are alive today more young people than ever before in human history. All of these – and many more – directly concern people and where ever people are concerned there are inevitably human rights concerns.  We all must do more to elevate the demand for rights, including in East Asia. Geneva itself – alone – is not the answer. The answer will always involve a key role for local social movements. She concludes that we all have rights – without exception – but that not everyone has the same degree of responsibility for rights. The more power one has, the more responsibility we have to defend, protect and uphold rights.

 

Concerning the Universal Periodic Review, Mr. Gianni MAGAZZENI, Chief of the UPR Branch, Council and Treaty Mechanisms Division (CTMD), explained that while the Universal Periodic Review (UPR) takes place in Geneva its main objective is to improve the human rights situation at country level. It is a peer review of every member state, which benefits from the contribution of other stakeholders as well, including independent national human rights institutions and human rights associations active in country as well as regional organizations, if they  submit  information within given deadlines. For the UPR, hundreds of pages are considered and then summarized in a report of maximum 10 pages. In addition, OHCHR prepares also a compilation of UN documentation, received from UN Treaty Bodies, Special Procedures Mandate Holders, which complement state reports. The UPR has entered its third cycle in May 2017. On average, each delegation is led by one or more ministers with an average number of 20 state officials, and about 100 states making an average of 2.4 recommendations (i.e. more than 200) for each review. The review takes place in Geneva but the UPR focuses on the implementation and follow up of recommendations – especially those that are accepted – in each Member State. By strengthening national coordination and follow up mechanisms and enhancing the links between human rights requirements and the SDGs States will be able to better address root causes and prevent emergency situations. The UPR has 100% participation record so far: i.e. it is a mechanism accepted by all member states, which come to Geneva for the review. The main challenge in this third cycle is implementation which – if systematically ensured – will greatly enhance prevention and the success and sustainability of the Agenda 2030 and the Sustainable Development Goals (SDGs). The entire UN system, in addition to OHCHR needs to work more with Governments and other national stakeholders in order to support at least accepted UPR recommendations leading to the strengthening of the national protection system and relevant changes in laws and practices. Thus, if human rights are at the core of efforts at the SDGs, all the three pillars of the UN Charter (peace and security, development, and human rights) will be significantly strengthened.

 [Report drafted by Mr. Simon Panchaud and Ai Kihara-Hunt, edited by the Office of the High Commissioner for Human Rights]

Advertisements

July 2018 ACUNS Tokyo Office and UNOG Director-General’s Office: East Asian Scholars’ Dialogue with Heads of International Organizations – with Deputy High Commissioner for Human Rights

On 16-17 July, Academic Council on the United Nations System (ACUNS) Tokyo Office, jointly with the United Nations Office in Geneva Director-General’s Office, organized a dialogue between heads of international organizations based in Geneva and East Asian scholars. As Deputy at the ACUNS Tokyo Office, I was part of the organizing committee for this big event. Today I upload part of the dialogue: the one with Deputy High Commissioner for Human Rights, held on 17 July at the Office of the High Commissioner for Human Rights. Ms. Gilmour opened up the floor for comments and interventions before making a wonderful speech. I was the first commentator. Below is my part, from the report I am drafting.

Prof. Ai Kihara-Hunt of the University of Tokyo, Japan, inquired with the Deputy High Commissioner how the UN-OHCHR is dealing the global trend of retreat of human rights, and what its strategy is in tackling the issue of globally shrinking space to speak up for human rights. In particular, the speaker asked, if there is a way of collaborating with the group, who share two common features: they are East Asians, and they are academics.

 

In presenting the trend of retreat, Prof. Kihara-Hunt mentioned that examples of the rise of populism need no mention among the informed participants. In more States, vindictive and xenophobic rhetoric of populism are more apparently and bluntly in the face of the general population. It is at multiple levels, from the government policies to the public’s attitude toward outsiders, and worryingly, this trend is even in the laws and regulations, through which more discrimination appears to be legitimized.

 

In the case of Japan, too, it appears that human rights is being pushed away from the mainstream. She questioned, in particular, if the idea and protection mechanism of human rights in Japan is appropriately presented. To give concrete examples, she referred to the public statement by the Japanese government official regarding the Special Rapporteur on Freedom of Expression. After he made critical comments about Japan’s legislation, it was ‘clarified’ that Special Rapporteur’s ‘opinion does not reflect the view of the UN as a whole’. In the government’s survey on the public awareness of human rights, the result was presented that the vast majority of the Japanese population are aware of human rights. However, the topics that they inquired were mostly on categories of persons who may face discrimination, and do not have substantive topics, such as death penalty, freedom of opinion and expression, sexual violence, ill-treatment against foreign workers, immigration. These rights and freedoms are necessary to create a democratic space with respect for everyone’s human rights.

 

She questioned how OHCHR is tackling the now seemingly a general trend of lessened respect for human rights. She asked ways for East Asian scholars to contribute to the endeavor of regaining space for human rights.

 OHCHR (2)

Summary: UN ASG Fabrizio Hochschild lecture

【Summary】

“Future of Human Security: Its Increased Importance in the Struggling World
 – from the United Nations Perspective”

by Mr. Hochschild, United Nations Assistant Secretary-General for Strategic Coordination

 

On 8 March, the Graduate Program on Human Security, the University of Tokyo, hosted a special lecture by the UN Assistant Secretary-General for Strategic Coordination, Mr. Fabrizio Hochschild.
He questioned if our generation could hope for a better world for the next generation while highlighting seven major challenges today: i) climate change, ii) growing inequality, iii) lack of clarity in  geopolitical power relations leading to  greater unpredictability, iv) increasing number and complexity of armed conflicts, v) global threat of terrorism, vi) reduction of space in human rights promotion and protection, and vii) uncertainty of frontier technology.
These threats are taking place simultaneously and are mutually reinforcing. For example, increasing inequality can push marginalized people to further alienation, give rise to nationalism and isolationalism, and create an opportunity for recruitment by extremist groups. The rise of terrorism comes with the absence of the rule of law and many terrorist-related activities operate in developing countries.
It is therefore important to have a comprehensive measure to address the root causes of terrorism. Technology advancement is moving at a speed that outstrips public scrutiny so much so that policy makers cannot keep up. When the internet was created, people hoped that it would make the world better, but such technology is also susceptible to new forms of manipulation in which it is used as a tool for warfare.

Currently, there is mistrust for multilateral organization including the UN. This is paradoxical, given the challenges that we are facing are transnational in nature, and require solutions through cooperation. The UN’s relevance is ever more vital.

The UN is under a major reform to make itself more effective, to tackle discrimination, to reduce bureaucracy, and to have better coherence in its approach. The emphasis of the reform is on prevention, anticipating crisis and building resilience.

On the Sustainable Development Goals (SDGs), Mr Hochschild described them as a comprehensive tool in addressing contemporary issues. Japan has been leading  on the human security approach, which echoes the Secretary-General’s vision. Both concepts  focus on the most vulnerable people. By taking an integrated, needs-based and comprehensive approach, and by addressing the root causes of issues, human security can bring results.

(Unofficial summary by Haruka Mizobata and Ai Kihara-Hunt)

 

It was great to meet my former boss at the UN-Office of the High Commissioner for Human Rights. Hope to have further cooperation in the near future.

FabrizioKiharahunt

For the coming generations

‘From the pen, there is a notebook.

From the notebook, there is a book.

From a book, there is a teacher.

From a teacher, there are generations.’

The line from a Syrian woman/girl in refuge was powerful.

What an enoumous courage those people have, to be providing incredibly powerful stories of their and their loved ones’ lives, in the public hearing!

And what a severe deprivation they are facing in Syria! And it continues after their move to a new place, if they manage to do so.

I believe in the power of education, in particular critical analysis and thinking. I hope to be one of such teachers who can make a slow but consistent contribution to the following generations.

https://www.ictj.org/news/save-syria-schools-public-hearing-march-22-announcement

HSP/SSJ seminar on Syria Crisis and International Law

HSP_SSJ Int'l-Seminar-Syria Flyer (EN) final-1

21 March 2018, 16:00-20:30 at the University of Tokyo

We, the Graduate Progam on Human Security at the Unversity of Tokyo, will be hosting a seminar on the Syria crisis and international law, jointly with Stand with Syria. We are inviting a former member of the Commission of Inquiry on Syria on the methodology and findings of the CoI. I will be speaking on what the CoI findings mean in international law, and the prospect of prosecution. This seminar is co-hosted by Human Rights Watch. I hope we can contribute to the awareness raising in Japan on the Syria Crisis.

8 March HSP Seminar with UN ASG Fabrizio Hochschild

HSP Seminar UN ASG Fabrizio Hochschild

Graduate Program on Human Security, the University of Tokyo, will be hosting a seminar by UN Assistant Secretary-General (Strategic Coordination) Mr. Fabrizio Hochschild on 8 March 2018. He was my boss at the UN-OHCHR, and it will be a good opportunity to hear his view on the prospect of considering human security and the UN in the struggling world, given his broad background in human rights, humanitarian work and peacekeeping/peacebuilding.

13:00-14:20, 8 March 2018 at Komaba campus, the University of Tokyo

Open to public. The seminar is in English. We look forward to seeing you there.

Pierre Krähenbühl, UNRWA Commissioner-General

Time flies and it has already been a few weeks ago, but I attended a seminar by Mr. Pierre Krähenbühl, UNRWA Commissioner-General on 25 January 2018. UN Relief and Works Agency for Palestine Refugees (UNRWA) works for 5.6 million Palestinian refugees.

His undeterred passion for what he works for was inspiring. Three points that I took home from what he said.

First, he stated that he refuses, and we should refuse for that matter, anominity of suffering. Suffering is deeply personal and individual.  Removing anonimity is a step to understand what wars do to people.

Second, he called for robustly defending norms and values inherited from World War II. That is the UN Charter, Universal Declaration of Human Rights, Geneva Conventions and Refugee Convention. Human rights is under assault not only in the conflict but also in discourse.

Third, he stated that skepticism is the least sophisticated form of surrender. If something is difficult, that is not a reason to stop, but that is the reason that we try.

Thank you very much for inviting me to attend further discussion over reception after the seminar.