the first to be cut if the CHR is running behind schedule. States will sometimes make a right of reply to an
NGO (more usually, they reply to other states) but
NGOs do not have a right of reply to a state. Often
when a state does reply to an NGO, the reply consists of
the state attacking the legitimacy of the NGO and the
credibility of the information; therefore, you should be
very clear about your sources. Another problem for
NGOs is a lack of resources, so they are unable attend
the CHR for more than a few days. This means that if
the CHR falls behind schedule NGOs may have to leave
before their turn to speak.
Making an oral intervention and submitting a written
statement will not, in themselves, have much impact.
Therefore, it is important for you to use your intervention
as a means for other advocacy work.
Dialogue with your government
One possibility is for you to contact your government representative in advance of making the intervention, tell them
what you propose to say and ask for their reaction. You
may have a specific action that you want them to take.
Governments do not like to be publicly criticized and may
be willing to take the action you wish, or make a gesture of
goodwill, in order to avoid an unfavourable intervention.
Government representatives at the UN operate according
to instructions received from officials in the capital, so you
should allow enough time for consultations before you
make your intervention. If the government responds positively, you can include this in your intervention and thank
them for the action taken. This will ensure that you have a
public record of their commitment to act that you can use
if they later fail to take the steps promised. If you do not
get a positive response, you can make your intervention as
originally planned. It may be useful for you to keep in close
contact with colleagues in your country who will be able to
verify the government response.
You may wish to use your time in Geneva to initiate
dialogue with your government representatives, especially
if you have not been able to voice your concerns at home.
Since the government delegates require instructions from
the central government, they will not be able to take
actions or decisions; however, they may put you in touch
with appropriate officials. You may also find that your
presence at a UN meeting encourages government officials to take you more seriously and listen to your concerns on your return home.
Case study: Nubian community in Kenya
MRG has been working with partner organizations to raise the
issue of the denial of citizenship to the Nubian community in
Kenya in different forums including the regional African Commission on Human and Peoples’ Rights, CERD and CHR. The
idea behind the strategy of raising the same issue in different
forums is to keep constant pressure on the government. The
issue was raised at the CERD thematic session on noncitizens in March 2004 through the attendance of a partner
organization. At the CHR in 2003, MRG worked closely with an
NGO with good contacts with the Kenyan delegation; while the
partner organization stayed informed of developments in
Nairobi, to assist the NGOs present in Geneva to decide
whether to make an intervention and what the most effective
intervention would be. Once all parties were convinced that
there would be no significant action by the Kenyan government, the NGOs prepared and delivered an intervention
explaining the situation of the Nubians and recommending that
the Kenyan government start a dialogue with the community
The CHR adopts hundreds of Resolutions and decisions
on different human rights issues. NGOs can influence
these Resolutions. Resolutions of the CHR govern the
way the other Charter-based human rights bodies work;
for example, CHR Resolutions create or amend the mandate of Special Rapporteurs/Representatives (SRs), control
the work of the Sub-Commission and its working groups,
and give a good indication of the thinking of the international community on human rights issues. Take time to
become familiar with the type of language used in UN
Resolutions. Each Resolution is sponsored by a state that
takes responsibility for drafting the text and for negotiations over the draft. Some Resolutions are very contentious; on others there is consensus. Initially all discussions take place between government representatives in
private and focus on the wording of the Resolution.
NGOs who wish to influence the wording of the Resolution need to lobby the representative of the sponsoring
state and other sympathetic states to obtain their support
for the requested wording. It may also be useful to speak
to states that are not supportive in order to try to persuade them not to actively oppose the wording.
Once agreement is reached on the draft, it is considered for adoption by the 53 members of the CHR. If no
states have any comments to make on the draft Resolution, it is adopted by consensus. States that object to the
draft may ask that the CHR takes a vote. A majority is
required to pass the Resolution. During the drafting process you should get an idea of whether the resolution will
be decided by a vote. If so, NGOs will need to lobby
those states whose position is undecided to try to win
their support, and those states in opposition, to try to
persuade them to abstain rather than vote against the Resolution. NGOs should be aware that states sometimes
take a group position on an issue, for example all of the
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MINORITY RIGHTS: A GUIDE TO UNITED NATIONS PROCEDURES AND INSTITUTIONS
Influencing CHR Resolutions