A/HRC/26/41
II. Some key challenges to international cooperation
in the field of human rights
5.
The challenges to international cooperation in the field of human rights are well
known and therefore will not be discussed here in any depth. Yet, given the ways in which,
too often, they can seriously set back progress towards the realization of human rights the
world over, they deserve some measure of discussion in any study on the subject. As the
Advisory Committee has noted (see A/HRC/19/74, paras. 23-25), the overall tone of the texts
conferring a mandate on the Human Rights Council is one of constructive international
dialogue and cooperation. However, such dialogue and cooperation towards the realization of
human rights everywhere is unlikely to be constructive without mutual tolerance and respect
(see Council resolution 13/23).2 This kind of cultural sensitivity should not of course imply
cultural absolutism.3 As importantly, significant levels of selectivity can weaken moral
authority and capacity to rapidly and robustly foster a culture of human rights in many parts
of the world. It bears mentioning here that the decision to create and implement the universal
periodic review process of the Human Rights Council was driven in part by this kind of
realization (see General Assembly resolution 60/251, para. 4). As the Committee has also
noted, international cooperation in the field of human rights is also harmed when it is reduced
in any appreciable degree to a mere juxtaposition of national interests or the logic of power
relations (A/HRC/19/74, para. 35) A constructive dialogue that drives and reflects meaningful
international cooperation is far less likely to take place if it is not based on the idea that
human rights knowledge ought to circulate in a multidirectional way among the world’s
peoples. As importantly, there is a growing realization within and beyond the Human Rights
Council of the seriousness of the negative impact of the inadequate resources available to
assist certain countries with their participation in the universal periodic review process and in
their the implementation of the recommendations that result therefrom (see Council
resolutions 19/33 and 23/3).
III.
Deepening civil society involvement
6.
The important roles played by civil society groups, especially non-governmental
organizations, in the human rights field are widely appreciated and a detailed discussion of
that subject need not detain us here. The critical task that is now before the United Nations
in general and the Human Rights Council in particular is to find ways and means of
optimally harnessing the potential of those groups to contribute to the human rights work of
the United Nations. As the Advisory Committee has suggested (see A/HRC/19/74, para.
49), it is now time to go beyond the usual rhetoric and move towards practical institutional
changes that will give effect to the apparent consensus in the Council on the need to deepen
the involvement of civil society actors in international cooperation in the human rights area.
7.
For one, as the Advisory Committee suggested in its first report on the present
subject, the Committee on Non-Governmental Organizations, a standing committee of the
Economic and Social Council which is currently made up entirely of States, may need to be
restructured to include in some, perhaps advisory, form the accredited and legitimate
representatives of civil society organizations. In this connection, the tripartite model
2
3
4
D.A. Bell, “The East Asian challenge to human rights: reflections on an East West dialogue”, in
Human Rights Quarterly vol. 18, No. 3 (August 1996), pp. 641-667; and J. Donnelly, “The relative
universality of human rights” in Human Rights Quarterly, vol. 29, No. 2 (May 2007), pp. 281-306.
C. Nyamu, “How should human rights and development respond to cultural legitimization of gender
hierarchy in developing countries?” in Harvard International Law Journal, vol. 41, No. 2 (Spring
2000), p. 381.
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