Creating the High Commissioner for Human Rights: The Outside Story

V. Concluding Remarks

A number of conclusions can be drawn about the relationship between the process of creation and the first steps taken by the High Commissioner.

First, the fact that Ambassador Ayala Lasso himself presided over the tortuous process of creation means that he personally understands the expectations of him and some of the gaps the post is supposed to fill.

Second, the High Commissioner has used the confidence which the Member States had in appointing him to go forward without having to wait for inter-governmental instructions. Of course, Rwanda had become a pariah State in the midst of a humanitarian disaster. Less clear-cut cases will test the independence of the High Commissioner.

Third, despite the heated and secretive discussion over the wording of the mandate, the original wording of the resolution has been of little relevance to the evolution of the Office of the High Commissioner in its first few months. The clear precedent of producing a report in response to an emergency is now established.

Fourth, ironically, the controversy surrounding the creation of the Office has fuelled a sense that this post is more than just another UN bureaucratic job and actually symbolizes humanity's aspirations to achieve greater dignity for all human beings. Despite inadequate resources this high-level official can galvanize things and is more than merely a servant of a UN body.

Fifth, the role of the NGOs in promoting and conceptualizing the idea of a High Commissioner over the years is now reflected in the Office's reliance on them for information, suggestions and support. At the beginning of the Rwanda crisis, the High Commissioner wrote to NGOs asking for assistance. Despite the governmental monopoly on the right to conceive and deliver the High Commissioner, governments have shown little interest in nurturing or providing for the Office in its formative first few months. There have been no expressions of concern about the inadequate resources allocated by the Secretary-General, no recognition by the Security Council of the complementary role of the High Commissioner, and few spontaneous invitations to come to countries to engage in dialogue about the human rights problems. By way of contrast, the NGOs deemed irrelevant to the creation process are now central to the future of the Office. NGOs have always been central in informing the UN about human rights violations. With the advent of the High Commissioner this role will be highlighted, as the Office is to respond on an emergency basis and before governments have taken a political decision that a human rights situation should be the subject of UN scrutiny. It will be in precisely those areas where governments are reluctant to supply information or suggestions that NGOs now have a crucial role to play.

Lastly, the diplomatic skill and air of authority which Ambassador Ayala Lasso brought to the process of creating the High Commissioner has left him with a great deal of credit vis-à-vis the governments that eventually approved his appointment. It is to be hoped that these same governments will allow the Office to work properly to prevent human rights violations. If the respect which is currently shown filters down to the officials and individuals who currently abuse people's rights, then it says a lot about the need for such symbolism and the power of the human rights message. The first signs are there - it was reported in New York that during the High Commissioner's brave visit to Kigali some of the killing was temporarily suspended.

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