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Something
About Mary By Daniel Mandel
The United Nations High Commissioner
for Human Rights (HCHR) is an august position in the world body. It
is in fact of recent creation; it is not the product of the Charter
or even the Universal Declaration of Human Rights. Its incumbent since
1997 has been the former Irish president, Mary Robinson.
Mary Robinsons appointment is not a case of the luck of the
Irish. She is a highly respected figure, a former head of state with
a high reputation that saw her elected almost by acclamation. Mrs
Robinson entered the Commissariat with few blots on her copybook.
She used to like to say that if one wanted to know what people thought
of her, they should go to the Jewish community of Dublin. If this was her pedigree, no one could have expected the saga that
has followed. One of her first acts upon assuming office was to discontinue
the practice of her predecessor, Ecuadors José Ayala-Lasso,
who used to meet with both the UN regional groups and the Israeli
ambassador to discuss human rights matters. As the only member-state
not a member of any regional group, Israelis could only obtain information
from the HCHR on this basis. These were later resumed only with tepidity
and reluctance. A portent of things to come was evident in Mrs Robinsons response
to the so-called Naqba riots in the West Bank in May 1998,
coinciding with Israels fiftieth anniversary. The UN has never
treated Israel impartially, because it is the captive of an overwhelmingly
hostile membership of states. Nonetheless, the current Secretary-General,
Kofi Annan, has distinguished himself for depoliticising his office
where the Arab-Israeli conflict is concerned, realising the abysmal
indignities to which politicisation has taken the world body. Annan
carefully avoided a political statement, making no snap judgements
or laying of blame and calling for restraint. So did the Security
Council, whose job is acting to secure international peace and security.
Robinson, in contrast, pioneered a new definition of the concept of
peaceful assembly and the identification of victims of human rights
abuses. It boiled down to this: Jews under assault at religious sites
are not victims; only rioters who attack them and are killed and injured
by police are. "I have learnt with deep regret of the incident which took place
yesterday," said the High Commissioner, "during which at least eight
Palestinians were reported killed and several hundred injured by Israeli
forces during demonstrations in the Occupied Territories. I remain
profoundly concerned by the continuing deterioration of the human
rights situation in the occupied territories and call upon the government
of Israel to respect the right of peaceful assembly, to avoid the
excessive use of force and ensure the full compliance of its police,
security and military forces with the Fourth Geneva Conventions of
1949 and with United Nations guidelines on the use of force and firearms
by law enforcement officials. My thoughts today are with the families
of the victims." Robinson thus follows a time-honoured
practice of regarding all Israeli preventive or retaliatory action
as equivalent or worse than the violence that prompts it, in the odd
case (of which this is not an instance) where the original violence
is acknowledged to have taken place. There are various ways of accounting for the peculiar standards to
which Israel is held by the UN, most coming down simply to the Arab
parties and their allies having the numbers in the quasi-representative
General Assembly. There is a further aspect where Robinson is concerned.
Her positions are predicated on a doctrinaire assertion, virtually
amounting to an article of faith, that Israel is, or should be subject
to the provisions of the Fourth Geneva Convention of 1949 regarding
occupied territory. Israels High Court and many international
law experts have always rejected this proposition since both the Gaza
and West Bank were captured in defensive wars from illicit occupiers
with no recognised claim to the territory, Egypt and Jordan respectively.
Such territory belongs to no existing state and so the occupation
of foreign soil is not deemed to be at issue. But that has not cut
ice with Mrs Robinson. A further sample of what treatment Israel and Jews could receive
from the High Commissioner occurred last year when the reactionaries
who dominate the Iranian government arrested a number of Jews on charges
of espionage for Israel. The accused were subsequently convicted by
an in camera tribunal, utilising nothing other than forced
confessions and the verdicts in the main upheld by an appeal court.
The charges were both spurious and absurd, unless one believes that
shoe-makers and school teachers from a persecuted minority in a tightly
controlled society have access to government secrets. Mrs Robinson at first took an interest. However, once it had been
put to her that the arrest and trial was an internal Iranian matter,
not a politically inspired piece of persecution, she accepted the
Iranian position thereafter without demur. It was hard to elicit a
statement from her in the wake of the predictable guilty verdicts.
Charged with overseeing human rights by member states, Robinson declined
to send observers to the appeal trial, nor would she recognise it
as a genuine issue of Jewish concern. She sought to paper over this startling omission by recourse to the
general human rights situation in Iran which, she admitted, involved
a number of persecuted groups: not only Jews, but Bahais, democrats
and trade unionists as well. Mrs Robinson seems to be saying that,
since her secretariat is doing precious little about Iranian Bahais
and trade unionists, it simply follows it should be similarly inert
where Jews are concerned. Moreover, while Nelson Mandela likewise criticised Western expressions
of concern, Mandela subsequently had the good grace to admit that
the assurances of a fair trial which Teheran conveyed to him personally,
and on which he based his stance, were dishonoured. Mrs Robinson remains
unapologetic. Mrs Robinson also revealed a biased hand in the matter of the Geneva
Conference of High Contracting Parties to the Fourth Geneva Convention.
This august body has never been convened in its history other than
in June 1999 when apparently the Israeli construction of apartment
blocks on empty Jewish-owned land in east Jerusalem was apparently
deemed as a threat to international human rights unprecedented in
the history of the UN. The Conference was curtailed almost upon convening
when saner minds prevailed and its convenor, Switzerlands Walter
Gyger, counselled restraint and adherence to non-politicised terms
of reference. The High Commissioner, represented by a subordinate,
flouted the terms of reference in the following fantastic statement. "the success of this meeting will be judged by the world community
according to the extent to which it facilitates and informs the
convening of an international conference of the High Contracting
Parties of the Fourth Geneva Convention
It has been confirmed
time and again by all contracting parties to the Convention, except
one, that the Convention does apply de jure to the Occupied
Palestinian Territories[sic] ... To meet that challenge, legal and
diplomatic mechanisms under the United Nations Charter are available,
in addition to those created in connection within [sic] the Convention
itself." In other words, the High Commissioner called for the imposition of
sanctions and measures of collective self-defence (in effect, multilateral
military intervention of the kind authorised by the Security Council
against Iraq). Furthermore, it was added, trials for war crimes and
crimes against humanity "remain an option for serious consideration". The audacity of this statement was equalled only by the disingenuousness
of her response to censure from the Swiss and many other quarters.
Her letter to the Swiss chairman, combining legalism and pique in
equal parts, defended the statement on the ground that the terms of
reference were unclear and the participation of her office could not
have taken place without reference to the resolutions of the General
Assembly (which are wholly non-binding and have no legal force). Any doubts that Mrs Robinson is mired
in partisanship were dispelled earlier this year when she appointed
Mona Rishmawi to a senior position within her Commissariat. Rishmawi
has likened Israeli practices in the West Bank and Gaza to those of
Nazis and is a long time activist of al-Haq, the Palestinian advocacy
organisation promoting a Palestinian agenda couched in terms of human
rights. Then came Novembers visit to Israel and the Palestinian Authority
during the riots that even Palestinian officials now admit are orchestrated.
She went, by her own admission, to "hear" the Palestinians but to
"put points to [the Israelis]." These are the terms of someone who
has clearly made up her mind before arriving. Mrs Robinson then brazenly
impugned the impartiality of her high office by surrendering to Palestinian
demands that she cancel meetings with Israels democratically-elected
opposition figures, a decision so fawning and delinquent that other
Israelis, including acting Foreign Minister Shlomo Ben-Ami, declined
to meet with her. Her report on her visit might have been dictated in Gaza. Mrs Robinson
assumes Israeli aggression and wrongfulness in the spate of violence,
but she has been saying things like that before she ever set foot
in the country. Large sections were given over to regurgitating Palestinian
grievances, no matter how subjective, including anger at those who
have dared to allege that Palestinian children are deliberately dispatched
to scenes of violence. The stoning of Jewish worshippers at Jerusalems
Western Wall and the destruction of Josephs Tomb and a Jericho
Synagogue receive barely a reference, but after meeting with Moslem
and Christian clerics, she called on Israel to respect and protect
religious sites. But, for those who have followed her progress, none of this is any
longer a surprise. From the outset, Robinson has politicised human
rights issues in the Middle East with a converts fervour. In
meetings with officials of UN Watch, a respected body monitoring UN
adherence to its own Charter, she is stand-offish, circumspect and
correct. Each and every complaint submitted to Robinson has been rejected.
Quizzed, for example, on the reference to Palestine as a state amongst
many she has visited, Robinson dismisses this as convenient short-hand.
By this yardstick, Robinsons next visit to Lhasa (assuming she
is ever allowed in) will be described as a visit to the sovereign
state of Tibet. UN Watchs Michael Colson opines, "She does not exercise the
kind of restraint the Secretary-General exercises. Mary Robinson,
as far as I am concerned, has come close to violating the Charter."
Even the "surprisingly even-handed" speech she recently gave outlining
the actual chronology of the Palestinian violence, which demonstrated
that Ariel Sharons visit to the Temple Mount did not originate
it, seems to have been a one-off. Rumour has it that the speech was
the brainchild of a previously undetected impartial staffer. I wonder what the Jewish community of Dublin think of her now.
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Copyright
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