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A common assumption in the eye of the public is that Western ‘developed’ countries tend to cooperate with the UN on matters regarding the protection and safeguarding of human rights, however, this is not always the case. Yet oftentimes many imply that the countries who do not, such as North Korea, have a significant number of human rights violations to hide.
The American President, Donald Trump, is repeatedly quick to distinguish himself from countries like North Korea, but his recent decision to withdraw the US from the UN Human Rights Council is strikingly similar to the dictatorial country’s actions, and has provoked intense criticism from those actors in the US who disapprove of the move. America’s former ambassador to the UN, Nikki Haley, was quick to criticise the Human Rights Council, labelling it as ‘a hypocritical and self-serving organization that makes a mockery of human rights.’ The US has therefore, alongside North Korea, joined the very short list of countries that resist the international oversight mechanisms of the UN Special Rapporteurs. A justification of this move, repeatedly used by the US is that the UN should be focusing more on ‘less developed’ countries and the violations that occur within their borders.
The Trump administration has recurrently been in the media’s eye for its immigration policy in relation to family separation. The federal government has reported an astonishing figure of 3,000 children who were forcibly separated from their parents under what has been referred to as a ‘zero tolerance’ immigration policy. The policy was dehumanising and contrary to international law, as all adults entering the country illegally were prosecuted, and any children accompanying them were put into either shelters or foster care. Is this the conduct of ‘a more developed country?’
The staff of the United States Department of Health and Human Services are the agency overseeing the care of children put into federal custody. Concerningly, they noted a ‘sharp increase’ in separation prior to the Spring 2018 ‘zero tolerance’ program. The Department’s official numbers record, 2,737 children separated as of December 2018, who must all be reunified, as required by a federal court order issued in June 2018. The reality, however, is that the number does not represent the full scope of family separations, as separations had occurred during an influx of immigration that began in 2017; a time-frame that falls before the accounting required by the court. This concern was noted in a report issued from the agency’s Office of Inspector General.
The total number of separations conducted by immigrant authorities is therefore ‘unknown’, due to the absence of a coordinated tracking system, which makes it extremely difficult to keep the Departments fully accountable for their abuses. The Departments at fault here are the Office of Refugee Resettlement, the arm of Health and Human Services that takes in the children, and the Department of Homeland Security, which separated them from their parents.
The increase in abuse of human rights in the US coincides with its refusal to respond to requests made by UN investigators to look into any potential rights abuses within the country. The Guardian newspaper reports that at least 13 requests have been left unanswered, some of which relate to this disastrous and inhumane family separation policy. The fact that these events coincide is to be emphasised. A withdrawal in cooperation goes against the ideology of the UN and the reasoning behind its creation after World War Two, which was, among others, to ensure that human rights violations would no longer be viewed as an ‘internal matter.’
Trump’s presidency is troubling because it sets a precedent for authoritarian leaders around the world, and eases any pressure to cooperate with the UN. The United States had made progress under President Barack Obama in a renewed effort to engage with the UN Human Rights Council and hosted 16 visits during his presidency. Albeit, this appears to be two steps forward and one step back, as Trump has now withdrawn the US from the Human Rights Council all together. The ripple effect of such an action is equally alarming, since, other leaders may also mimic the stance of the US and cut ties with the Human Rights Council, which in turn would leave many vulnerable citizens around the world unprotected.
Jamil Dakwar, director of the American Civil Liberties Union’s Human Rights Program, issued a statement in response to Trump’s actions, berating what he sees as an aggressive effort to violate basic human rights. He states that Trump is “undermining the legitimacy of international bodies that are in charge of holding all governments accountable. His misguided policy of isolationism only harms American interests and betrays our values as a nation.”
In an international context, the UN appears to be fighting for the relevancy of rights, as UN Secretary-General Antonio Guterres denounced a “groundswell of xenophobia, racism and intolerance” and says human rights are losing ground in the world. If this is the case, it allows for a bleak future for immigrants who find themselves in the line of fire in a world where Trump’s rhetoric is given free reign.