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Global Justice Center Blog

Why a U.S. Exit from the UNHRC is Counterproductive

by Marie Wilken

On Tuesday, U.S. ambassador to the United Nations Nikki Haley appeared before the United Nations Human Rights Council (UNHRC) for the first time. The UNHRC adopts resolutions and orders investigations into governments’ violations of human rights. Though the United States began a new three-year term in January, there are rumors it is assessing the possibility of pulling out of the council. During her appearance and in an op-ed in The Washington Post, Haley asserted that the council gives too much negative attention to Israel and that many of its 47 members are serious human rights violators. A politically-motivated exit from the council, however, is a counterproductive strategy, not a solution to the United States’ objections.

The UNHRC is undeniably flawed. As with most political bodies, politics often sway decisions, and some voices are given more weight than others. Also as with other political bodies, loopholes distort well-intentioned rules of operation. For example, countries are elected to the UNHRC through a regional voting bloc system, but because backroom negotiations often result in a noncompetitive number of candidate countries, many human rights-violating countries are elected to the council. In her op-ed, Haley does suggest worthwhile changes – one of which is addressing this issue by making the voting for membership more competitive and inviting true consideration of countries’ human rights records.

If the United States wishes to see these changes, it should use its seat to continue to advocate for them. Disengaging from the council entirely would be counterproductive to its goals. A January Council on Foreign Relations report found that U.S. involvement in the UNHRC has “improved the body’s performance in several ways.” These even include the Trump administration’s objections to the UNHRC; the report found that U.S. involvement in the council can combat anti-Israel bias and encourage accountability for countries that violate human rights. It also found that the United States could create further positive change through “catalytic leadership” – not by withdrawing. Many fear that a U.S. withdrawal could allow for even more human rights violations. A U.S. departure would not end the discourse on Israel. If anything, it could encourage it.

Furthermore, consideration of withdrawing from the UNHRC follows a trend of the United States retreating from international cooperation such as the Paris climate accord and President Donald Trump’s criticism of the U.N. and NATO. This goes further back than Trump’s administration, though: the United States has a tendency to not sign onto international agreements or resolutions that have global consensus. (For example, only seven of the 194 U.N. countries have not ratified the U.N. Convention to Reduce All Forms of Discrimination Against Women, and the United States is one of them.)

This creates contradictions in U.S. policies regarding human rights and international intervention and cooperation. International cooperation toward ideals as morally unambiguous as women’s rights or human rights is criticized as too much of an international intervention and a threat to sovereignty for the United States. However, the United States has no problem intervening in other countries using more extreme means such as military intervention. And what has the United States often used to justify this intervention? Human rights. This hypocrisy is heightened by the Trump administration’s disregard for human rights in other arenas, such as its immigration policies, friendliness with Russia, and the ban on Muslims.

If the United States’ goal truly is to strengthen the UNHRC, its strategy should not be to delegitimize it. A senator unhappy with Congress’s political agenda, mode of operation, or composition would not resign in protest. Why? Because it’s better to be an active force working for change than to quit. Institutions like the UNHRC, though flawed, have merit. Change from within is more powerful than a denunciation and resignation. Exiting the council would place politics above the mission of human rights. To improve the council and signal U.S. devotion to human rights, the United States should heighten, not end, its involvement in the UNHRC.

Photo credit: United States Mission Geneva Flickr (CC-BY-ND-2.0)

GJC Weekly News Roundup

Sunday, Executive Director of the U.N. Population Fund Dr. Babatunde Osotimehin died. He worked to ensure access to family planning for all. “Family planning is not a privilege but a right. Yet, too many women — and men — are denied this human right,” Osotimehin said.

Tuesday, Devex reported on how the Global Gag Rule has affected conflict-affected populations. In Colombia, a non-profit called Profamilia has provided reproductive health services and education like workshops on gender-based violence to vulnerable towns since 1964. In January, it chose not to comply with the expanded Global Gag Rule, and it lost $1.2 million of USAID funding, $1.5 million for a maternal mortality program, and $300,000 for a Zika prevention program.

Tuesday, authorities in Saudi Arabia detained prominent women’s rights activist Loujain al-Hathloul. While the exact reason for her arrest is unknown, Amnesty International believes it relates to her women’s rights activism. In 2014, she was arrested and held for 73 days for trying to drive a car from the United Arab Emirates to Saudi Arabia.

Tuesday, the Trump administration suggested the possibility of a U.S. exit from the United Nations Human Rights Council. In her first address to the UNHRC and in an op-ed in The Washington Post, U.S. ambassador to the U.N. Nikki Haley argued that the council exhibits anti-Israel bias and ignores the human rights violations of its members.

Wednesday, U.K. Prime Minister Theresa May said the country needs to be more aggressive in combatting terrorism, “and if our human rights laws get in the way of doing it, we will change the law so we can do it.” May proposed making it easier to deport foreign terrorist suspects and to “restrict the freedom and movements of terrorist suspects” against whom there is not enough evidence to prosecute in court.

Wednesday, The New Yorker explained how the Global Gag Rule affects Africa by targeting women in some of the world’s poorest countries. The United States provides more international health assistance than any other country, and in these regions, there are too few health centers to provide specific services like abortion. The Gag Rule also complicates treatment of women with H.I.V. and AIDS because providers cannot even raise the question of abortion to a woman who’s infected, which will result in more infected children and less money to treat them with.

Photo Credit: U.K. Department for International Development Flickr CC-BY-2.0

CEDAW Casebank

CEDAW Casebank

The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) defines discrimination against women and requires states not only to prohibit discrimination but also to take affirmative steps in order to achieve gender equality.  The Convention is legally binding upon States that have ratified the Convention and any laws in violation of CEDAW must be struck down.

CEDAW has been used to support affirmative action policies and programs as well as to strike down laws that are in violation of the Convention.  These cases carry significant import: the application of CEDAW in domestic courts gives CEDAW legitimacy globally and reinforces the principle that domestic courts are bound by international treaties such as CEDAW.

June News Update: No More Compromises

In May, the Trump administration announced an updated policy greatly expanding the Global Gag Rule. This will have a drastic effect on $8.8 billion in US health care aid. As a result, millions of women and girls around the world will lose access to contraception and maternal health care. Hundreds of clinics serving in-need populations around the world will be forced to close. Women will die.

For more, please read my recent Op-Ed piece published in Ms. Magazine, on how to fight this odious policy.

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