Sat, 12 Feb 2005

Human rights diplomacy

Much has been made of Makarim Wibisono's appointment as chairman of the UN Commission on Human Rights (UNCHR). The honor signifies recognition of the diplomat's long service to his country and his contribution to multilateral diplomacy. Given his experience and tenure in various international organizations, Makarim is, without doubt, a qualified candidate for the job.

Despite this relative "success" for Indonesian diplomacy, we should not make too much of his appointment. Makarim remains effectively a steward of a body that traditionally takes turns annually chairing the commission based on regional groupings. Having secured the support of the Asia group, it was no surprise that Makarim was then elected by acclamation for a one-year tenure.

Established in 1946, the UNCHR was created to help promote and protect human rights. It promotes guidelines, studies problems and helps codify international norms on human rights.

Comprised of 53 members elected to three-year terms, the UNCHR meets annually for six weeks. Makarim is due to chair this year's meeting in Geneva beginning mid-March.

While the UNCHR plays an important structural role in the promotion of human rights, it has largely become a diplomatic talk-fest in recent years. Because of its bureaucratic nature, the UNCHR has lost much of its appeal to the more high-profile activities of the High Commissioner of Human Rights. Since 1994, it is this office that has become the focal point of the UN's human rights activities.

It is the Commissioner who is mandated to quickly respond to violations and prevent rights infractions around the world.

So with all due respect to Makarim, he has a little something to prove. Otherwise, history will likely judge him simply as an honorary appointee.

Since news of his appointment came through the senior diplomat has become a much-coveted speaker in intellectual circles here at home. His remarks thus far deserve credit, showing a clear vision on what he would like the UNCHR to be.

He succinctly encapsulated one of the main deficiencies of the body by noting that the debate in the commission had tended to become politicized and aimed at shaming particular countries.

While his argument is merited, does Makarim not realize that human rights is all about politics?

Human rights is the basic core of the socio-political contract between citizens and its government. It cannot be treated in the same way that diplomats treat particular articles of treaties and negotiations -- with compromise and trade-offs.

The same way certain countries insist on highlighting another's human rights record, those who reject their record to come under scrutiny do so based on political interests.

To deliberate on style, rather than substance is an obsolete "New Order" mindset which this country is desperately trying to shed.

One senior diplomat once described his task during the New Order as "defending the indefensible". Makarim now has the luxury of not having to do so.

Others often talk about Makarim's appointment in the context of Indonesia's national interests. The question is whose national interest?

For decades, the national interest was defined by a small clique of leaders who did so to perpetuate their political stranglehold. It would not be wise to perceive Makarim's appointment as a way of "overlooking" Indonesia's own outstanding human rights cases.

When warranted, this country should welcome criticism, even the harshest kind. It is a reminder to put our house in order, the same way that Makarim's tenure is a wake-up call for domestic actors to act responsibly on issues of human rights.

He may be an Indonesian, but Makarim's first duty should now be towards the defense of universal human rights, not merely the narrow view of some Asian or Western states. That is the best way to make the country proud of his tenure as chairman.