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REFLECTIONS FROM THE 34TH UNITED NATIONS HUMAN RIGHTS COUNCIL - Gary Anandasangaree

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I had a very productive week of meetings in Geneva at the 34th Session of the United Nations Human Rights Council.  Many people I have worked with since 2009 have moved onto different roles, however, it was great to catch up with those who still remain in Geneva.  I was able to meet many new people and stakeholders who have a lifetime of work behind them, with inspiring stories of courage, conviction and success on key human rights issues and situations around the world.   And as always, reconnecting with my colleagues and my many friends from around the world was always a delight.

Despite its shortcomings, I have always felt that the UNHRC is a place where advocacy and progress is possible.  The critics always speak of the composition of the Council, often with many authoritarian states sitting on the 47 member body.  In my opinion, the success of the UNHRC is that even the most brutal of human rights abuser,  sits down and speaks the language of human rights, and are forced to justify their actions, or inactions, in front of their peers, civil society and victims.  This often leads to changes in their home country, albeit modest.  The Sessions also allow civil society actors to engage with Nation States – something that is very often missed by the critics. I have personally witnessed how a single person, a victim of a conflict, can have a profound impact on individual representatives of these States.  The Council is, in many respects, a work in progress.

My work on accountability in Sri Lanka continues.  The pace of progress on resolution 30/1 on promoting reconciliation, accountability and human rights in Sri Lanka appears to be slow. While there is some progress and a noticeable change over  time in the  nature of Sri Lanka’s engagement on the world stage, much work remains to be done.  The victims came forward to give evidence and information to the United Nations and the world. Now, the world in return needs to ensure that these victims remain front and center in the discussion.  Sometimes, it is easy to forget how this process got started in the first place. This was a response to the atrocities of 2009 where over 40,000 people were brutally killed, and over 300,000 displaced.  Crimes were committed by the parties to the conflict, and these criminals remain unaccountable for their actions, and, inactions (not doing something also has consequences under International Law).  In 2009, the first attempt to hold those accountable started, and over time, despite many ups and downs, we have progressed to a point where a finding of fact was made by the United Nation investigative team in 2015.

All the other issues that encompass 30/1 are secondary to the core  issue of accountability, and any attempts to thwart the direction going forward away from this fundamental issue would be a let down to the victims who came forward seeking justice. Going forward, the UNHRC needs to ensure that Sri Lanka lives up to its commitments in 30/1. I am however, encouraged by the diligent work of the Office of United Nations Human Rights Commissioner, and his most recent report back to Council that outlines the challenges ahead for Sri Lanka and the need to implement the resolution expeditiously.

I have met some people this week who are advocating for this process to be abandoned in return for a new process of referral through the General Assembly, to the Security Council, to the International Criminal Court.  This can be pursued concurrently without abandoning the UNHRC process.  It is essential that this process continue, and the UNHRC, and the the OHCHR continue to be engaged on this issue.  Other efforts can and should take place through the various bi-lateral and multi-lateral fora, including the UNHRC.

Throughout this week I was also pleased to have conversations on many other current and pressing  human rights issues. In 2018, Canada will be up for our third round of the Universal Periodic Review (UPR).   We have much to do to prepare for the these conversations. As a nation, we all have an obligation to implement United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). The rights of Persons with Disabilities was front and center at Council this week. I was able to sit in on a session and listen to various nations present their work and outline the challenges they have faced.  There was robust discussion in response to the reports of the Special Rapporteurs on Torture and Human Rights Defenders.

On a final note, as a Canadian Member of Parliament, I was heartened to hear the many compliments on our overall worldview and our engagement in it. Lead by Prime Minister Justin Trudeau, and our Global Affairs Canada team, our perspective and engagement on world issues is being noticed, especially at the United Nations Human Rights Council.  I was able to put many issues in perspective and recognize the historic responsibility of all Canadians to this world towards attaining human rights for all.  In order to truly lead, we have to address some issues locally, and work with our international partners and allies to address issues globally.  There isn’t a better time to reflect on the issue of human rights than on our 150th Birthday as a nation, and as we near the 35th Anniversary of the Canadian Charter of Rights and Freedoms, our foundational document on human and civil rights.

I am excited, and as always, motivated by the sentiments expressed to me by many governments, non-governmental organizations, UN staff and representatives and the many victims and their representatives who descend on Geneva during this time.

Until next time Geneva…

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With my friend James Berry, Member of Parliament in the UK

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Lawyers & Activists from Sri Lanka

 

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https://garyanand.liberal.ca/news-nouvelles/34th-human-rights-council-in-geneva/

Edited by Athavan CH

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