Denial Diplomacy

Iran's strategy at the UN Human Rights Council

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Denial Diplomacy
by Omid Memarian
01-Apr-2012
 

After a full year of efforts by Iran's human rights diplomats to discredit or ignore the mandate of Special Rapporteur on human rights in Iran Ahmed Shaheed, 22 members of the United Nations Human Rights Council voted to renew the mandate for another year on March 22.

Shaheed's insistence on tackling extensive issues pertaining to the systematic violations of human rights in Iran neutralized Tehran's strategy of denial, deflection, discrediting, and lack of cooperation with the UN. In addition, the votes Shaheed collected from council members led to the unprecedented isolation of the Islamic Republic of Iran within the UN, the political consequences of which go far beyond the Human Rights Council.

The Iranian team, led by Mohammad Javad Larijani, head of the Iranian Judiciary's human rights council, was left to console itself with 5 nay votes and 20 abstentions.

One year ago, the Human Rights Council angered Iranian authorities by creating a special procedure for the review of the situation of human rights in Iran and appointing a Special Rapporteur. During the past year, despite his repeated requests, Shaheed was unable to receive permission to enter Iran. He did, however, fulfill the commitment stipulated in his mandate by presenting two reports.

Both Shaheed's March 12 report and UN Secretary General Ban Ki-moon's March 21 report emphasize Iran's continued violations of human rights and its lack of cooperation with UN human rights mechanisms.

Extending Shaheed's mandate puts Iran's diplomacy in a very difficult position after
Larijani called him "stupid" during a television program on IRIB, having called him "biased" and "ignorant" during a council meeting two weeks earlier.

Considered one of the most experienced Iranian diplomats, Larijani has been the leader of the Islamic Republic's human rights project at an international level, and for this reason he has been largely responsible for the existing confrontation with United Nations and its member states.

The question now arises whether, especially after the intensified and extended violations of human rights that followed the 2009 disputed presidential election, Larijani's decisions and strategies have ended his mission inside the Iranian Judiciary.

The Angry Diplomat and the "Zionist Mafia"

Those who know Javad Larijani personally do not describe him as an angry man. But during Ahmed Shaheed's presentation of his report, the 61-year-old, Najaf-born diplomat appeared so outraged that the head of the session had to cut off his microphone and remind him to respect the meeting. This unprecedented action showed that he was not at all satisfied with the way the human rights case was managed.

In fact, the text of Larijani's presentation, which was distributed to the audience, was vastly different from what he said at the meeting, a subject that astonished many. This discrepancy may portend the end of Larijani's leadership.

Larijani called Shaheed's and the Secretary General's reports "a new phenomenon" that is a result of the "United States of America and ... Zionist mafia." Such choice of language by Larijani, who on the one hand talked about cooperating with UN mechanisms and on the other questioned the UN decision-making system, in effect showed the confusion in the Iranian delegation's thinking and decision-making process.

Observers of the negotiations noted that Larijani's refusal of accountability for the points raised in UN resolutions against Iran and his verbal attacks on the council seriously compromised Iran's stature in this area of the UN, and therefore Larijani's very position as head of Iran's Human Rights Delegation.

Larijani has a reputation as "the negotiator," as exemplified by his famous quote that he would "negotiate with the devil in the depths of hell for the regime's interests." Therefore, his appointment as head of Iran's Human Rights Council fueled speculation that a closer relationship would emerge between UN human rights mechanisms and the Iranian Judiciary, and that objections to the conditions of human rights in Iran would decrease through the presence of UN authorities and reporters.

Of course, the widespread arrests of political activists and violations of Iranian citizens' basic rights that followed the 2009 election engendered very difficult conditions for Larijani to defend Iran's human rights record, and the multiple UN resolutions against Iran only exacerbated his problem.

Iran's Four-Point Human Rights Strategy: A Recipe for Failure

A review of Iran's human rights diplomacy over the past two years indicates that its strategy was based on four main tactics.

First, consistently speak of cooperating with the United Nations, but simultaneously prevent UN reporters from achieving their missions in Iran and refuse to answer their questions properly.

Second, characterize every effort to discuss the subject of human rights in Iran, including efforts to issue resolutions or to appoint a special rapporteur, as backed by Western countries, and call every such action political, thereby evading accountability for any questions raised.

Third, express Iran's dedication to thematic mandate-holders or the Universal Periodic Review (UPR), instead of providing answers about specific cases or sensitive trends regarding topics raised by the Special Rapporteur, such as executions, torture, and arbitrary arrests. (This despite the fact that no thematic rapporteurs have traveled to Iran since 2005 and of the 126 recommendations accepted during Iran's UPR, very few have been addressed seriously.)

And fourth, refuse to allow the Special Rapporteur on human rights to enter the country, and question his sources and the credibility of his report precisely because it was prepared outside the country.

Iran's Parliament and its government media and organizations carried out these tactics, set by the Iranian Judiciary, in unison.

But statistics and numbers pertaining to Iran's cooperation with the UN emerged in stark contrast to the statements of Iranian authorities. During the past two years, Larijani has repeatedly said that he has invited UN High Commissioner on Human Rights Navi Pillay to travel to Iran, pointing to the invitation as an indication of Iran's willingness to cooperate with UN human rights mechanisms. Though the invitation was made, Iran did not cooperate in providing the requirements for the trip. In item 44 of his March 20 report, Secretary General Ban Ki-moon describes this topic in detail.

In fact, in preparation for her visit, High Commissioner Pillay sent a delegation to Tehran. According to Ban Ki-moon's report, they advised the Iranian government during their trip that the High Commissioner will travel to Tehran only when she is allowed to visit with the opposition leaders (Mir Hossein Mousavi, Mehdi Karroubi, and Zahra Rahnavard) who are currently under house arrest, as well as certain political prisoners and independent civil society activists. Unwilling to oblige these requests, the Iranian authorities decided to forgo the visit.

According to item 42 of the Secretary General's report, UN rights bodies communicated 17 questions to Iranian authorities in 2011, one of which was answered.

Iran's lack of cooperation with UN human rights mechanisms did not go unnoticed by other countries, and even without the political nature of UN voting this point alone would have sufficed to renew Special Rapporteur Shaheed's mandate.

Calling the passed resolutions "American" and attributing them to what Larijani called the "Zionist mafia" was an act of self-sabotage, as were attacking the United Nations while inside the United Nations and disrespecting and questioning other countries' independence in their decision-making.

These strategies backfired and in effect failed to convince any additional countries to oppose the resolution or the renewal of Shaheed's mandate.

Javad Larijani's attempt to convince the High Commissioner for Human Rights or other council members to dispatch thematic rapporteurs instead of a country-specific Special Rapporteur was also futile. In fact, council members have never voted for a thematic mandate when a Special Rapporteur has been assigned to a country.

Iran hinted that it would admit two thematic reporters to Iran if Shaheed's mandate were suspended. However, even if thematic reporters were to be dispatched to Tehran, they would likely accompany Shaheed, not replace him.

Larijani's final and unsuccessful effort to refute Ahmed Shaheed's report, much like his first one, was to discredit the testimonials, documents, and cases described in the report.

A Late Response, a Futile Effort

Ahmed Shaheed began collecting data, conducting interviews, and writing his second report in October 2011. He sent the report to Tehran in early January 2012, so that Iranian authorities could state their opinions about each of the points raised. He interviewed more than 160 victims of violations of human rights for his reports. Iranian authorities had close to two months to respond to every item in Shaheed's annual report. But instead, Iran decided to attack both the report and the Special Rapporteur.

The Special Rapporteur spoke directly with more than 160 individuals and their families, both in Iran and abroad. Many of these individuals provided him with first-hand documents. The UN Human Rights apparatus has a high degree of confidence in the quality of the report, the accuracy of the statements, and the validity of the concerns raised.

Therefore, when Iran opted to issue verbal attacks and refuse to cooperate with various UN rights bodies instead of responding to the issues raised, the member states of the council and other UN authorities determined that only renewing Shaheed's mandate would keep Iran's human rights crisis in the spotlight.

Despite consistent denials of the findings of the Special Rapporteur's report, Larijani brought a 27-page report with him to Geneva. Though this report only addresses a very small number of the cases mentioned in Shaheed's report, its preparation indicates that even the Iranian diplomatic delegation concluded that an empty-handed appearance at the council would weaken them. They did not submit the response within the stipulated time; it was handed to Shaheed and the Human Rights Council after Larijani's arrival. Iran's responses about some of the cases, such as students banned from continuing their education, whose existence Tehran has entirely denied, clearly go against all documents and evidence in that area. In some cases, the Iranian government's report even contradicts court documents about some political prisoners.

It is not clear what body determines the Islamic Republic of Iran's main policies about human rights and cooperation with international organizations: the Iranian Judiciary, its Ministry of Intelligence, the Intelligence Unit of the IRGC, or even the Supreme Leader's organization. But Larijani's placement as head of the Judiciary's human rights council makes him Iran's top diplomacy figure in charge of explaining Iran's policies and conduct vis-à-vis its observation of human rights standards. Especially considering his unusual behavior during the recent Human Rights Council meeting, this indicates that Iran's offensive and denial-oriented diplomacy has not only proved ineffective, it has also mobilized a large consensus against the Islamic Republic.

Considering Larijani's inability to build coalitions with other UN member states and in view of his aggressive conduct, expecting him and his team to effect changes in Iran's standing within the UN appears highly unlikely. Any changes in how Iran cooperates with the UN and different human rights mechanisms seem improbable, considering the Iranian authorities' stances towards the issues and the domination of intelligence organizations over the Iranian Judiciary.

Diplomatic norms dictate that when a mission proves fruitless or when the existing state of affairs deteriorates, the first step towards changing the situation and ending the crisis is to replace the diplomatic team.

Over the past few months, especially during the recent Human Rights Council meeting, Javad Larijani has directed words and allegations against the UN and its member states, making it very difficult for him to have an impact on Iran's human rights case in the future. It would therefore not be unexpected for him to be replaced in the coming weeks.

Continuing the current standstill could pave the way for Iran's case to be forwarded to the Security Council or even international courts. This represents the ultimate nightmare for those Iranian authorities who violate human rights.

This piece was originally published in Persian by BBC Persian.

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Reality-Bites

Well put, aynak

by Reality-Bites on

Classic defence of continued gorss violations of Human Rights in Iran. Always divert the issue to other countries.

As soon as IR abuses of Human Rights are put under the spotlight the defenders of the regime starting shouting about violations in other countries, as if incidences of  injustice and repression elsewhere, should automatically mean no one should have the right to take the IR to task over its horrid treatment of it citizens.

Also, interesting to note Larijani losing his rag in the UN Council meeting and huffing and puffing like a schoolyeard bully as if he was still Iran bullying some opposition figures.


aynak

That's why these apartheid systems really need one another

by aynak on

 

To create  a recursive dependency.   You ask IR what about your human rights situation?  They immediately point to violations in Iraq/Afghanestan/Bahrain/Palestine .....

  Of course Saudi Arabia is very concerned also about HR in Syria and Iran.

This way the totality of M.E will never come an inch closer to a resolution, which is respect for HR unconditionally.

Unfortunately, the hypocrisy element is too huge to ignore.  

  But what IR is really saying is admission of guilt.  Anytime someone is accused, so long as they do not reply to the accusation and instead try to point finger back to some other violation, that means they have NO defense for their action.

  ++++++++++++++++++++++++++++++++++++++++

From this view, one who truly and genuinely    supports human rights, will do so, without hesitation and unequivocally and systemically, rather than selectively and cherry picking.   Otherwise human rights will be a tool to use to promote political agenda.


vildemose

 Seyyed Hassan, Who

by vildemose on

 Seyyed Hassan, Who Lives under the Stars

by ABI MEHREGAN
Abi Mehregan is a pen name. A labor activist, the author is on the staff of Iran Labor Report. This article first appeared in Tehranbureau.

One man’s life on the streets of Tehran.

Last April, the newspaper Iran, which is run by allies of President Mahmoud Ahmadinejad, published a series of shocking photos of homeless people being beaten and manhandled by private guards reportedly hired by Tehran Mayor Mohammad Bagher Ghalibaf. Iran followed up with interviews and investigative reports aimed at exposing rampant mendacity in the mayoral office. While this was widely interpreted as another iteration of the long-standing Ghalibaf-Ahmadinejad rivalry in the run-up to next year’s presidential race, the publicity that it generated helped focus attention on a social phenomenon unfamiliar to many: the homeless worker. Here is the story of one such person.

Adjacent to Chamrun Parkway, there is a small square known as Street Sweeper Park. A bronze statue of a street sweeper, holding a broom, overlooks a filthy ornamental pool. On the pool’s far side is a metal basket, holding metal flowers. To the right of the statue there are some benches on stone legs....more 

 //iranlaborreport.com/?p=1813

A state of war only serves as an excuse for domestic tyranny.--Aleksandr Solzhenitsyn.


MM

Shaheed's report was one of

by MM on

Shaheed's report was one of the most recent damaging human rights counters to the Islamic democracy that the IRI wants to propagate.  Kudos to those who encouraged and supported Shaheed's appointment.  We should've also supported and helped him document the IRI's atrocities.


AMIR1973

hass-terical says don't be naive:human rights can improve under

by AMIR1973 on

the IRI. The Islamist regime cannot be held responsible for the tens of thousands of executions it has carried out. "Activists" are responsible for the fact that the IRI has executed exponentially more Iranians than any other regime in recent Iranian history. Take away the sanctions, and the Islamist terrorist regime will respect Iranians' basic human rights. Sure, it will. Okay, hass-terical: whatever you say.


hass

Don't be naive

by hass on

"Some advantage" for whom? When has this sort of thing actually helped human rights in Iran and at what cost? Instead, the hypocricy and double-standards have simply tainted the issue of human rights. You're carrying water for warmongers who see "human rights" as simply another stick to beat Iran with, whilst also contributing to the politicization of the issue. Don't be naive.

 Human rights is something that improves with economic and social progress, not hypocritical finger-wagging and name-calling. Thus far, under the guise of "defending human rights" activists have only contributed to sanctions and pressures on iran that have simply harmed economic and social/political progress in Iran.


Ari Siletz

hass

by Ari Siletz on

Your point regarding Saudi and Israel is valid but should not be used to undermine UN human rights efforts regarding Iran. The non-hypocrites among us will take what we can get on any specific human rights issue, and work on the general hypocricy problem as a separate longer term project. In fact, as the hypocrites take on the IRI on human rights violations, there will be moral pressure on them to add to their credibility by improving their own human rights records.

Some of us are aware that the global human rights issue has a big realpolitic component, but given that eliminating this component is impractical at the moment we are left with the option of at least using this reality to some advantage. 


hass

Self-Discrediting

by hass on

Dude, I'm sorry but as long as there is a Human Rights Monitor for Iran, but not for Saudi Arabia or Israel etc., then it is far far too easy to say "hypocricy" and "political agenda hidden under the guise of human rights". And that's all there is to it.

Where oh where was this concern for human rights when Saddam was gassing the Kurds and the US was trying to blame it on the Iranians?


bahmani

No List of the missing

by bahmani on

Unfortunately without a comprehensive list of the missing and detained and executed, you cannot prove or argue much.

Once again, the upper hand is played by Iran, while we sit and wait for justice from others.

When will we finally take matters into our own hands instead of waiting for the UN to never get around to it.

Even if the Rapporteur (and what a shitty title is that!) could gain access to any prison, they would clean it up before he got there.

We need a complete record of the missing.

We need to collect it, using the families of the missing as proof.

Then we need to demand Iran prove their existence.

If Iran can prove they are legitimately in jail and are charged with a crime, then their case will have to be expedited.

If Iran cannot prove they are in jail, then they were either eliminated by Iran, or the least likely but possible scenario they met their end in some other way, and again, it is the responsibility of Iran to find and account for them.

If most are missing, the plausibility of Iran not being involved is low.

So we win either way.

But it all starts with an accounting of exactly who is in prison now, who is missing and who is dead. And why.

No list of the missing, no way you can catch Iran.

Larijani's political health and career be damned. Shame on us for not caring enough to have a comprehensive list of EVERYONE that has been disappeared.

Shame on us.

As long as we expect others to do our work, we won't ever be free, or honorable. Why would anyone care to save us? We certainly do not deserve it. Maybe this is why.

To read more bahmani posts visit: //brucebahmani.blogspot.com/