Significant Challenges for UN Human Rights Mechanisms, Instruments, to Include Wordage Specific to Accountability, Monitoring, Enforcement & to Follow Up on Existing Treaties Ratified by Member States

WUNRN adapted text of Human Rights Reader 411

By Dr. Claudio Schuftan*

SIGNIFICANT CHALLENGES FOR UN HUMAN RIGHTS MECHANISMS, INSTRUMENTS, TO INCLUDE WORDAGE SPECIFIC TO ACCOUNTABILITY, MONITORING, ENFORCEMENT & TO FOLLOW UP ON EXISTING INTERNATIONAL LAWS/TREATIES AS RATIFIED BY MEMBER STATES

Regrettably, a move towards VOLUNTARY guidelines is underway throughout the UN. These lead to there being practically no HR influence in the SDG’s which talk of ‘following-up’ rather than monitoring for accountability (Hilal Elver – UN SR Food)

Accountability is to be thought of in terms of answerability, and also of enforceability through mechanisms of redress. The process of participation-in-accountability we often find, is said to be open, but then participation is set up in a highly technocratic way so that the space for true contestation by claim holders is, in reality, reduced. (Peter Newall)

Even Declarations, UPR Review Recommendations, Resolutions, Reports of Special Rapporteurs and Independent Experts (including of their Missions to Member States), do not have built-in enforcement. Reports of countries that have ratified Treaties/International Law are to follow a specific reportage mechanism, but do not always do so in full or follow up Recommendations. There is no official Accountability for the Draft Agreed Conclusions of the UN Commission on the Status of Women, nor of the historical Beijing Platform for Action, in spite of multi-year reviews.

The UN Special Rapporteur on Extreme Poverty proposes a framework for ensuring that economic, social and cultural rights are recognized and implemented The framework he proposes is centered around securing Recognition, Institutionalization and Accountability (SR Philip Alston). Even the best of intentions for accountability may face political resistance that makes it so very challenging to turn rhetoric into reality.

Is the idea of accountability in danger of being co-opted, instrumentalized and emptied of political meaning? Evidence exists that it is.Accountability has become a part of the comfortable discourse of ‘good governance’. One finds talk about accountability everywherein multi-stakeholder processes, but with no reference to grassroots democracy.

Responsibility for the enforcement of accountability has been shifted onto the shoulders of public interest civil society and social movements—however, without providing them with adequate resources and political space and clout.

Social movements are, indeed, where change has to begin, because they affect the narrative directly, and they are directly affected by dysfunctionalities and injustices of the current system.

Social participation and control, especially by those who are living the human rights issues involved, is the basis of accountability. (ESCR-Net)

* Claudio Schuftan, M.D. (pediatrics and international health) was born in Chile and is currently based in Ho Chi Minh City, Vietnam, where he works in public health and nutrition. .He has worked for UNICEF, WFP, the EU, the ADB, the UNU, , WHO, IFAD, SIDA, FINNIDA, the Peace Corps, FAO, CIDA, the WCC (Geneva) and several international NGOs. His positions have included serving as Long Term Adviser to the PHC Unit of the Ministry of Health (MOH) in Hanoi, Vietnam under a Sida Project (1995-97); Senior Adviser to the Dept. of Planning, MOH, Nairobi from 1988-93; and Resident Consultant in Food and Nutrition to the Ministry of Economic Affairs and Planning, Yaounde, Cameroon (1981). He is currently an active member of the Steering Group of the People’s Health Movement and coordinated PHM’s global right to health campaign for 5 years.

https://claudioschuftan.com/411-we-are-not-making-this-up-the-vast-majority-of-states-have-already-obligated-themselves-to-respect-protect-and-fulfill-all-human-rights-escr-net/