A/HRC/37/63
judgments and advisory opinions. Furthermore, calls for a yet-to-be-established world
parliamentary assembly or a United Nations parliamentary assembly seek to address
international democratic deficits and give expression to global public opinion by including
all citizens in global decision-making through the designation of representatives
specifically elected for this purpose.
40.
Finally, a high level of institutional inertia cripples action to overcome the
aforementioned obstacles. Even within the United Nations, which is a human institution,
there are various degrees of commitment to human rights, and because of the inefficiency
of some of its organs and the lack of enforcement of its resolutions, it has lost much
credibility with civil society in many countries. The Independent Expert lends his
encouragement to future mandates holders as they push forward the cause of sanity and
human dignity for all.
IV. Recommendations from some of the previous reports of the
Independent Expert
A.
Reform of the Organization and its agencies
41.
In his 2013 report to the General Assembly, the Independent Expert recommended
expanding the membership of the Security Council, limiting the veto power by requiring at
least two permanent members of the Security Council to vote against a given resolution and
obliging those States to report to the General Assembly on the reasons for the veto. The
veto should be allowed only to promote peace and pursue the purposes and principles of the
United Nations. The use of the veto power to shield States from criticism or sanctions is
illegitimate. This may require an advisory opinion from the International Court of Justice or
an amendment of Article 27 of the Charter. As mentioned above, the International Court of
Justice should be empowered to issue advisory opinions separate from those requested by
the Security Council and the General Assembly. Moreover, it should be equipped with a
mechanism to enforce its judgments and advisory opinions.
42.
The Independent Expert proposes the abolition of wasteful and arbitrary
international penal tribunals, because they are only used to prosecute the losers and
institutionalize impunity of the powerful. The International Criminal Court has proven to be
too expensive and arbitrary. The campaign against the “impunity” of criminals has
legitimacy only when it is impartial and when it endeavours to indict all persons suspected
of war crimes — and not only and overwhelmingly the vanquished, whereas many others,
sometimes even worse war criminals, are not even accused. It is far more important to
systematize and strengthen truth commissions and to create effective mechanisms to
provide adequate reparation to victims.
B.
International order and indigenous peoples
43.
In his 2013 report to the General Assembly, the Independent Expert recommended
the reactivation of the Trusteeship Council so as to facilitate the exercise of selfdetermination by many indigenous and non-self-governing peoples. The United Nations
should offer its advisory services and technical assistance so as to conduct United Nations
organized and monitored self-determination referendums. In paragraph 69 (n) of his report,
the Independent Expert recommended specifically that the General Assembly revisit the
reality of self-determination in today’s world and refer to the Special Committee on
Decolonization and/or other United Nations instances communications by indigenous and
unrepresented peoples wherever they reside, with reference to chapter XI of the Charter.
The General Assembly may also consider amending its rules and procedures to allow for
the participation of indigenous and non-represented peoples. Meanwhile, the Assembly
should urge States to implement the Declaration on the Rights of Indigenous Peoples. It
should ensure that indigenous, non-represented peoples, marginalized and disempowered
peoples, and peoples under occupation have a genuine opportunity to participate in
decision-making processes.
13
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