‘We Need Competitive Elections so Only Truly Committed States Are Elected to the UN Human Rights Council’

By CIVICUS
Sep 26 2024 (IPS)

 
CIVICUS discusses the upcoming election of new members of the United Nations (UN) Human Rights Council with Madeleine Sinclair, New York Office Director and Legal Counsel at the International Service for Human Rights (ISHR).

The Human Rights Council plays a crucial role in addressing global human rights issues and serves as a platform for activists and victims of violations. Its 47 members represent different regional groups. In October, 19 states will stand for 18 seats, with the Asia-Pacific region the only group with more candidates than seats. Many of the candidates have poor human rights records, and one – Saudi Arabia – stands out for its extremely serious rights violations. Civil society calls on UN member states to reject Saudi Arabia’s candidacy and uphold human rights standards when selecting members of the UN’s top human rights body.

As happens every year, the Human Rights Council will soon renew one third of its membership through a secret ballot election. On 9 October, all 193 members of the UN General Assembly will vote for the 18 members who will sit on the UN’s main human rights body from 2025 to 2027.

Elections should provide an opportunity to elect candidates with a strong human rights record. According to the Council’s membership criteria, candidate states should demonstrate a genuine commitment to the promotion and protection of human rights through domestic and international action. They should also demonstrate a willingness to address emerging challenges and crises to ensure the Council’s effectiveness.

How competitive will this year’s election be?

Unfortunately, this election will be nowhere near as competitive as it should be, with only 19 countries standing for 18 seats. These seats are divided among the UN’s five official regional groups, each of which presents its own slate of candidates. But only the Asia-Pacific slate is competitive, with six candidates vying for five seats, while the other four slates are closed, meaning they have as many candidates as seats available. Africa has five candidates for five seats, Latin America and the Caribbean has three for three, Eastern Europe has two for two and Western Europe and Others has two for two.

This election is less competitive than last year’s, when 17 candidates contested 15 seats. Only Latin America and the Caribbean and Eastern Europe had more candidates than seats, resulting in the defeat of Russia. In 2021, all 18 candidates running for 18 seats were elected, receiving between 144 and 189 votes out of a possible 193, despite some having extremely problematic human rights records.

Unfortunately, non-competitive elections are common, with fully closed slates being presented four times since 2008. Other elections have seen only one or two competitive slates. The problem with non-competitive races is they deprive voting states of the opportunity to rigorously evaluate and select candidates based on their records and commitments, potentially compromising the quality of the Council.

But even in closed slates, it’s still possible for unopposed candidates to fail if they don’t receive at least 97 out of 193 votes. In 2023, for example, Burundi and China received the lowest number of votes in their regional groups, sending a message that their candidacies were not fully supported. ISHR encourages voting states to evaluate all candidates carefully and withhold votes from problematic ones, even in closed slates.

Who are the candidates in the October election?

Candidates in this year’s election include Benin, the Democratic Republic of the Congo, Ethiopia, The Gambia and Kenya from the African group. In the Asia and Pacific group, Cyprus, South Korea, the Marshall Islands, Qatar, Saudi Arabia and Thailand are running. Latin America and the Caribbean is represented by Bolivia, Colombia and Mexico. Iceland, Spain and Switzerland are the candidates from Western Europe and Others, while the Czech Republic and North Macedonia are running for Central and Eastern Europe.

This year, one candidate has a particularly poor human rights record: Saudi Arabia. It has closed civic space and has been repeatedly included in the UN Secretary-General’s reprisals report and accused by UN experts of committing war crimes in Yemen. Due to these serious concerns, we are actively campaigning against its election in the Asia and Pacific group.

What’s the role of civil society in this process?

Civil society, including ISHR, has a crucial role to play in advocating for a more effective and accountable Human Rights Council. One of the key areas where reform is needed is closed slates. Competitive elections are essential to ensure that only states with a genuine commitment to human rights are elected.

ISHR has created scorecards to assess and compare the candidates based on their history of cooperation with human rights mechanisms such as the Universal Periodic Review and their engagement with civil society, UN treaty bodies and special procedures. These criteria provide a solid understanding and clear overview of a country’s human rights record and therefore its suitability to sit on the Council. While we understand no country has a perfect record, these criteria aim to provide valuable insights into each state’s commitment to upholding human rights and its potential role on the Council.

In addition to our scorecards, our annual joint pledging event with Amnesty International provides a platform for states to present their candidacies, make strong, public commitments as potential members and receive direct feedback and critical questions from civil society. If all candidates participated in this event, it would increase the political cost of refusing to participate or failing to submit formal pledges and commitments. Such engagement would make it harder for states with poor human rights records to seek a seat without facing scrutiny.

What should be the Council’s priorities?

The Human Rights Council is vital in amplifying the voices of rights holders, victims and human rights defenders, providing them with a platform to expose violations and demand accountability. To fulfil this role effectively, its priorities must focus on being credible, effective and accessible. It should continue to focus on upholding international law universally, supporting the remote and hybrid participation of civil society and ensuring that demands for accountability are promptly addressed.

A credible and effective Council can only function if its members fully cooperate with its mechanisms and adhere to objective human rights criteria. At a time of increasing conflict and crisis, often rooted in repression and human rights violations, the Council’s role in promoting accountability and justice is more important than ever. States should support the work of human rights defenders, whose efforts to prevent violations, document abuses and provide essential services are essential to crisis resolution.

To address these conflicts, states must apply human rights standards consistently. Selective or inconsistent application of standards undermines the international framework and the credibility of those involved. International human rights law, when applied consistently and in a principled manner, remains the best guide to achieving a more just, peaceful and inclusive world.

Get in touch with ISHR through its website or Facebook page, and follow @ishrglobal on Instagram and @ISHRglobal and @Madeleine_ISHR on Twitter.