On World Human Rights Day (10 December), we, the 19 undersigned groups, organisations and trade unions express our greatest disappointment that the United Nations, which was expected to defend and promote human rights, has failed in realising its objectives and meeting the expectations of the peoples of the world.
It is still possible to rectify this dilemma, if – and only if – the member states of the UN are are committed to abolishing the veto power that is now with the five permanent member states – Russia, China, France, the US and the UK – so that it can no longer impede the UN from defending and promoting human rights, and ensuring justice be done.
Violation of sovereign equality
The UN Charter, in Article 2(1) states: “The Organization is based on the principle of the sovereign equality of all its members.’
This fundamental principle of equality is violated if the UN continues to allow a class of ‘super members’, who can use their veto power to prevent actions advocated by even the majority of UN member states.
Veto prevents UN from ending violations
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The preamble of the UN Charter clearly states the obligation of the UN is “to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small”.
Thus, the UN acts for human rights, not just when states commit extra-territorial human rights violations but also human rights violations within the jurisdiction of the respective states, regardless of whether they are UN members or not.
Thus, the UN protects the human rights of all human beings, and not just the rights of member states.
Through the various UN processes, including the Universal Periodic Review process, the UN and UN member states have called on member states to move away from injustices and human rights violations. They have called on states and others to enact rights-protecting laws and to abolish laws, practices and even policies that are in violation of human rights.
As such, the UN has worked to promote, among others, women’s rights, Indigenous rights, environmental rights and the rights of human rights defenders. It has opposed ethnic cleansing, genocide and forced labour.
However, the UN has been prevented from doing what is needed because of the abuse of power of some of the permanent five through the use of the veto – which has effectively prevented the UN from fulfilling its intended duties to human rights. This is especially so when the perpetrator and collaborators of rights violation are ‘friends’ of veto power-holding states or are the veto power-holding states themselves.
The will of the majority of UN member states on issues of human rights can thus be ignored or prevented through the use of the veto. Of late, this has happened in several countries, including Palestine, Myanmar and Ukraine.
The veto has been used to block UN actions. “Instead of being a vehicle for action, the Security Council has too often become an instrument of deadlock.
“We see the consequences in places like Gaza, in the persecution of the Rohingya, and in the war in Ukraine,” he [Malaysian Prime Minister Anwar Ibrahim] said in his keynote address at the Common Action Forum (CAF) 2024.
The abolition of the veto power will restore true sovereign equality in the UN and will allow the UN to be a more effective tool to act against violations of human rights and injustices.
If perpetrators do not heed the call of the UN to stop human rights violations and restore justice, the UN can then take further actions in the form of imposition of sanctions.
It can even cause UN forces to enter into an area of rights violations, to not just protect victims, but to also cause the perpetrators to do what is needed to restore justice, including the return of people back to their land and property, and to ensure justice is done.
Veto power can be abolished
The veto power can be abolished. The UN Charter in Article 108 states: “Amendments to the present Charter shall come into force for all Members of the United Nations when they have been adopted by a vote of two thirds of the members of the General Assembly and ratified in accordance with their respective constitutional processes by two-thirds of the Members of the United Nations, including all the permanent members of the Security Council.”
The veto power can thus be abolished, if two-thirds of UN member states support the move, and the five existing permanent members with veto power agree to it. If any one of the veto power-holding member state objects, it cannot be done. We hope that no member state will oppose this move to abolish the veto power.
Therefore, we call on all UN member states to vote in favour of abolishing the veto power, and call on all the veto power-holding states to also support this initiative.
We call on all UN member states to vote without fear or favour to remove this often-abused veto power, which has made the UN a ‘toothless tiger’, unable to act definitely to defend human rights and restore justice even when an overwhelming majority of UN member states wants the UN to act;
We also call on all the five permanent members – Russia, China, France, the US and the UK – to agree to the removal of the veto power in order to restore democracy and sovereign equality within the UN, so that the UN can regain its power to act in the interest of human rights.
We call on all the five permanent members to adopt a moratorium on using their veto power pending the abolition of the veto.
Charles Hector and Koong Hui Yein issued this statement on behalf of the 19 groups listed below:
- Malaysians Against Death Penalty and Torture (Madpet)
- Teoh Beng Hock Association for Democratic Advancement, Malaysia
- Banglar Manabadhikar Suraksha Mancha (Masum), India
- Center for Orang Asli Concerns (COAC), Malaysia
- Global Women’s Strike, UK
- Global Women’s Strike, US
- Legal Action for Women, UK
- North South Initiative (NSI), Malaysia
- Payday Men’s Network, UK-US
- Programme Against Custodial Torture & Impunity (Pacti), India
- Sabah Timber Industry Employees Union (STIEU), Malaysia
- Second Chance Redemption, Pakistan
- Workers Hub for Change (WH4C)
- Women of Colour Global Women’s Strike, UK
- Women of Color Global Women’s Strike, US
- Aliran
- National Union of Transport Equipment & Allied Industries Workers (NUTEAIW), Malaysia
- Center for Alliance of Labor and Human Rights (Central), Cambodia
- Parti Sosialis Malaysia (PSM)
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