Commentary and Newsletters

Anne Bayefsky

Obama’s U.N. Debacle: The Obama administration’s big hopes of reforming the Human Rights Council from within are in shreds

Friday, March 25, 2011

This article by Anne Bayefsky originally appeared on National Review Online.

President Obama's decision to place the United Nations at the center of his foreign policy took another hit Friday as the U.N. Human Rights Council ended its latest session in Geneva. One of the president's primary justifications for joining the notorious council shortly after he assumed office was its mandatory five-year review process; if the U.S. was a member, the administration claimed, it could influence this process. The process, which quietly unfolded in back rooms in Geneva over the past six months, has been exposed to be a total fraud, taking the administration's cover down with it.

Starting last fall, the Obama team was a very active participant in a working group of the council that had been set up to tackle reform. At the end of February, the working group produced a document summarizing its decisions, and on Friday the council passed a resolution adopting that document by consensus - that is, without a vote. Regardless of the fact that every serious recommendation of the United States was rejected, Obama's diplomats refused to call for a vote on the resolution so that they could vote against it.

They did play a little game intended to fool uninformed listeners by claiming to "dissociate" the administration from the resolution. However, since the resolution has been adopted by consensus, it will proceed unimpeded to the General Assembly, where it will be rubber-stamped. The U.S. could not have stopped the resolution, but an American vote against the measure would have been a major blow to the credibility of the Human Rights Council. It also would have set up the U.S. to leave the council as a logical consequence of the failure to reform it.

The slap in the face to President Obama is painfully clear from a short list of American demands for reform and the council's responses.

The council has an official, permanent agenda that governs all its meetings and consists of only ten items. One of those items is reserved for condemning Israel, and another is assigned to human rights in the other 191 U.N. member states. This session, for instance, produced six resolutions condemning Israel, one resolution each on four other states, and nothing at all on the remaining 187 countries. The American delegation huffed and puffed that this obvious discrimination - which characterizes every meeting of the council - must come to an end, and proposed that the two agenda items be rolled into one. The proposal was rejected.

The American delegation proposed creating easier trigger mechanisms for convening special sessions on specific countries when serious human-rights concerns arise. The proposal was rejected.

The American delegation proposed abolishing the council's make-work "Advisory Committee." It is currently populated by such human-rights luminaries as former Sandinista leader and suspended priest Miguel d'Escoto Brockmann. (Brockmann once served as president of the U.N. General Assembly and is best remembered for a series of anti-Semitic outbursts and for coming down off his podium to hug Iranian president Mahmoud Ahmadinejad.) The proposal was rejected.

The American delegation proposed making public pre-screened complaints of gross and systematic violations of human rights that are received by the council. Specific cases, which have poured into the U.N. for over half a century from poor souls around the world, have never been revealed. The proposal was rejected.

The American delegation proposed expanding the time allocated to discussions of abuses in specific countries. The proposal was rejected.

The American delegation proposed that states running for a seat on the council should engage in a public dialogue with General Assembly members on their human-rights record, as measured by specific criteria. The proposal was rejected.

In all, the U.N. reports that 42 proposals were put forward by the American delegation orally and in writing. Only three were accepted. Those three addressed minutiae. For instance, the Obama team proposed allowing all states that wish to speak during the council's "universal periodic review" (UPR) to be permitted to do so. The UPR is the procedure in which the council considers the human-rights record of every state, but the council tightly controls the time spent on each country. Council members are allotted three minutes' and non-members two minutes' worth of comments, regardless of the scope of the issues. Since the total time is fixed, would-be commentators are frequently silenced by ending up too low on the speakers' list. The "reform" that was proposed and accepted? Keep the total time the same and reduce the allotted time per speaker. Thirty-second critiques of human-rights abuses, here we come.

Instead of admitting their complete inability to accomplish their mission of reforming the council, however, Obama's representatives are scrambling to sweep the disaster under the rug. Admitting their error would no doubt strike at the heart of the president's U.N. chorus line.

On March 31, 2009, Secretary of State Hillary Clinton and U.N. ambassador Susan Rice announced that the U.S. would seek to join the council "because we believe that working from within, we can make the Council a more effective forum," and because "the Council . . . is scheduled to undergo a formal review of its structure and procedures in 2011, which will offer a significant opportunity for Council reform." In a New York Times op-ed on Sept. 13, 2010, Eileen Donahoe - the United States' ambassador to the council - called the review "a serious self-reflection exercise" and claimed that "if we do not sit at the table with others and do the work necessary to influence the process, U.S. values and priorities will not be reflected in the outcome."

Now we know there was no "serious self-reflection." U.S. values and priorities have not been reflected in the outcome. The reform opportunity is in shreds.

The result leaves the administration with two choices. Choice number one: Admit the fiasco. Refuse to lend legitimacy to a highly discriminatory agency designed to help members such as Saudi Arabia, China, and Cuba conceal their own abuses. And get out. Choice number two: Allow a bogus "reform" to be adopted by consensus, and stay put.

President Obama has evidently decided to take the second course, sending one more signal about how little he values Israel and how few are the number of human-rights victims around the world that stand any chance of capturing his attention.