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Hamid
al Bayati, the Permanent Representative of Iraq to the
United Nations, was elected chairman of the Third Committee
(Social, Humanitarian and Cultural) of the sixty-first
General Assembly on 8 June.
Photo/Melissa Gorelick |
Q: Human rights issues have become central to the Third
Committee. One of the newest additions to the UN human rights
framework is the Human Rights Council. How do you think the
delegates perceive the early work of the Human Rights Council?
A: I think people were excited to have the Human Rights
Council, which is based in Geneva, for the first time. It
gives the Third Committee a special importance this year.
There was some debate among member states about whether the
report of the Council should be referred to the Plenary or
to the Third Committee. According to the rules of procedure,
a subject should be referred to the committee that deals with
that subject, and so we finally agreed to convey to the General
Assembly - and the General Assembly approved this - that the
report should be referred to both the Third Committee and
the Plenary. The Plenary discusses the annual report, while
the Third Committee deals with all of the Human Rights Council's
recommendations.
People were also very excited about the launch of a study
about violence against children, conducted by a special rapporteur,
which was three years in the making. The head of UNICEF, the
crown prince of Norway, and many ambassadors and politicians
were there for this launch. It was another important and much
anticipated aspect of the Committee's work this year.
Q: Many of the Committee's special rapporteurs expressed
that they were having trouble conducting fact-finding missions
to regions where human rights abuses had been alleged. How
does the UN, and the Third Committee in particular, encourage
transparency in human rights issues?
A: That is a tough thing to deal with. Many countries
decline to allow special rapporteurs to come and see things
on the field, which is important to their work. When one of
these Member States objects to the Committee's views about
its human rights record, we must say simply that you should
have allowed us to visit. Then we could have more fairly reflected
the view of your Government, along with our own view of the
issue. Openness is essential to the work that the Third Committee
does.
We decided early on in the Committee that transparency is
especially important in our area, and we started working early
this past summer on ways to handle this. We met with the Secretariat
and with the outgoing Third Committee bureau to learn from
their experiences. We agreed to work as a team, and with the
full cooperation of the Secretariat, and to have constant
consultations with the regional groups and the member states.
And as a result, all of the resolutions that we've adopted
in the Third Committee to date have been by consensus. We've
managed to compromise whenever there have been differing views
on an issue. Obviously at the UN there will be many different
viewpoints, but we try our best to reach compromises. That
takes a lot of time and effort, but we are glad to reach agreements
whenever we can.
Q: There seems to be a fine balance to how much UN resolutions
can focus on specific countries by name. On the one hand,
you have an obligation to do so when there's an allegation
of human rights violations, but on the other, many member
states complain that they are being unfairly singled out.
How well do you think the Third Committee handled this balance?
A: This is the most sensitive issue, and it's a very
delicate equation. You don't always want to accuse Member
States of certain things, but you certainly need to encourage
them to do more about human rights. Much of the answer lies
in the way that you address human rights concerns. One thing
that I've noticed many Member States don't like is when certain
countries present themselves as human rights gods - as if
they have perfect records in the field of human rights - and
when they criticize others as if they are, themselves, untouchable.
This really upsets other nations, especially when they suspect
that it's being used for political purposes. We need to put
as much pressure as possible on countries to improve human
rights conditions, and sometimes we are forced to follow the
policy of name and shame - you name a certain country and
make them feel ashamed that their record on human rights is
not brilliant. However, we also don't want to provoke them
unnecessarily or accuse them of false things.
As I mentioned earlier, there is a big difference between
a country that allows UN special rapporteurs to visit and
write a report, and one that does not. We try to praise countries
that cooperate with the United Nations organization and with
the special rapporteur.
Although there is always a margin of error in these special
reports, most rapporteurs do a really excellent job. They
spend a lot of time and do a lot of work gathering information,
and this essential making the UN an accurate and trusted observer
of human rights around the world.
Q: The Third Committee this year addressed specific human
rights dimensions of migration. What kinds of human rights
issues are unique to migrants?
A: When I was based in London before the change of
the Iraqi regime I had the opportunity to work directly with
many, many Iraqi migrants. They would come to me to tell me
their stories, to recount their suffering and experiences.
In many cases, migrants are people who are persecuted in their
own countries; they become refugees or political asylum-seekers.
These people are very vulnerable to gangs and smugglers. I've
heard stories about the detention of migrants to take money
from them, about the confinement of large numbers of people
in small spaces, about migrants being transported places in
trucks and suffocating.
On the other hand, we know that some countries need migrants
for labor, so what we need is an effective migration strategy.
On the one hand, we want to observe the human rights of migrants,
on the other, we want to give them the opportunity to work
in countries where they are needed. I think developed countries
need to create strategies to observe the rights of migrants
but also to make use of them, because they can improve a nation's
economy - especially if they are trained and learn skills.
We really want to help migrants achieve a better life in the
countries they move to.
Q: What other Third Committee issues really stood out during
this year's session?
A: This year young people played a very important
role in the Third Committee. During the launch of the study
of violence against children, we had a child who read a statement
to the committee - she was amazing. She really gave voice
to the reasons why we should stand together to protect children.
I also noticed that there were very active youth delegations
at the General Assembly, always distributing pamphlets and
fliers, so I asked for a meeting with them to discuss their
role in the committees. They told me that this youth movement
started a few years ago and peaked last year with a record
number of youth delegates attending the General Assembly.
The idea of the program is to encourage Member States to send
youth delegations to take part in the UN system, and especially
in the discussions in the committees. I really liked the idea,
so I encouraged them to create a proposal on youth delegations,
for distribution to Member States. At the end of the day,
they are the future of the world, the future of the nations,
and this was the first time there has been such a strong youth
initiative.
Another initiative we took was to meet with NGOs and listen
to their views. We had an informal meeting with them over
a lunchbreak, and they were very grateful - they said this
was the first time the Third Committee asked NGOs to come
forward with their opinions. And they had brilliant ideas,
especially about converting resolutions to action. The Third
Committee talks about human rights and poverty, but these
NGOs correctly noted that talk is easy. Their ideas were about
implementation and action.
Q: Is it difficult for you when issues regarding your
home country of Iraq are discussed at the Third Committee?
A: There was only one occasion when I felt I couldn't
chair the Committee because of criticism that was being made
of my country. While Iraq is open to criticism, I didn't feel
it was fair for me to listen to criticism without replying.
So in that instance I instead let my delegation reply from
Iraq's seat. Other than that occasion, I didn't have any difficulties
listening to people talk about the situation in Iraq. In regards
to human rights, in fact, Iraq - whose record is not perfect
in this area - is making strides. We now have a ministry for
human rights in Iraq for the first time in modern history.
Q: What was the hardest thing about chairing this Committee?
What was the most rewarding?
A: The most rewarding feeling is to be serving Member
States, and to be doing even a little bit to protect human
rights. When you feel that you are providing assistance to
the most vulnerable people - especially women and children
- this is very rewarding. The most difficult thing is to come
to a compromise. Member States are always ready to vote, but
for a Chair a vote means you have failed to convince delegates
to meet in the middle. I always tried to be neutral, I always
tried to be transparent in my actions, and I always tried
to put myself in the shoes of both sides. The best ways is
to meet in the middle, but it is a difficult thing to always
suggest the right kind of compromise.
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