2008 Castan Centre Intern

Jihan Mirza, Australian Delegation to the United Nations Human Rights Council, Geneva

Report

My time as an intern at the Human Rights Council in Geneva, the pre-eminent human rights body in the UN machinery, was one of the most fascinating experiences of my life. This is not to romanticise the Human Rights Council. It is a new body that was set up in 2006 to remedy glaring deficiencies in the Human Rights bureaucracy. And there are still many.

My internship involved being the eyes and ears, and occasionally the mouth of Australia, by attending the 7^th session of the Human Rights Council, as well as being in attendance for the first Universal Periodic Review, the Working Group on the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights and numerous side-events.

The Palais des Nations was my workplace for two months. It is a building that is made up of bits and pieces gathered from the generosity of States, labyrinthine like corridors, and a one-legged peacock that roams the grounds and hobbles to meet delegates near the parking lot. It is also full of diplomats, academics, NGO’s and interns, all chomping at the bit to be part of the human rights debate.

As part of the Australian delegation I was given the task of attending the distinctive horse-shoe plenary session within the Palais, where the bulk of the activity occurred. I spent a lot of time with other members of the delegation behind the ‘Australie’ sign, reporting on the action. But I was also privileged to be able to address the plenary on behalf of Australia on numerous occasions, including giving Australia’s response to human rights situation in countries such as the Democratic Peoples Republic of Korea and Zimbabwe (the latter of which drew a very heated response from the State in question). And although Australia only has observer status in the Council, our recent change of government combined with the Rudd government’s apology to Indigenous Australians meant that there was a keen interest in Australia. As a result, I met with and fielded questions from activists and NGO’s who came to lobby Australia and to gauge what policy position our new government would be taking on a range of issues. 

Other than the plenary sessions, I was also given a backstage pass to the wheeling’s and dealings of international law in the smaller, informal meetings. Meetings ranged from regional group policy meetings such as WEOG (Western European and Others Group) and JUSCANZ (Japan, United States, Canada, Australia New Zealand and others), discussions on the extension of the mandates of various Special Rapporteurs, discussions on emerging areas within the UN (such as a possible Special Rapporteur on Laws that Discriminate Against Women) and forums for NGO’s and human rights activists to discuss pressing human rights situations.

But it was in meetings where draft resolutions were haggled over that I fully realised what close bed-fellows law and politics really are. The skilful language in a diplomat’s arsenal is very similar to the legalese of a lawyer; it is chosen with pinpoint accuracy and it can be used as a sword or a shield. Resolutions were picked over with a fine tooth comb; and what a State lobbied to have removed from a resolution, was often just as poignant as what was they fought to keep in. It was a rare chance to see how the cogs of international human rights law turn and I was lucky enough to be given the opportunity to negotiate the text of some resolutions on behalf of Australia.

The experience of sitting in the Council was described by my predecessor as something akin to an existential crisis, and I don’t think I could have said it better myself. No country has a perfect human rights record, but listening to some of the most serious transgressors of human rights calmly deny that any violations had occurred on their soil was frustratingly painful. And yet I was inspired by discussions on issues ranging from women’s rights and sexual identity, to climate change and human rights defenders, leading me to believe that that the Council could be a constructive, albeit slow arena in which to create and disseminate new human rights norms.

But in a city as beautiful as Geneva, it wasn’t all work! As well as the odd diplomatic soiree, I was surrounded by interns from around the world which meant, in true UN-speak, that I was able to engage in a lot of ‘intercultural dialogue’ after hours (i.e. learning how to say cheers in multiple languages and becoming friends and travelling mates with many interns.) This in itself was a true UN experience of cultural cohesion.

I cannot thank the Castan Centre enough for letting me experience the intricacies of human rights in the International arena. And likewise, I must thank the Australian Permanent Mission to the United Nations in Geneva, for not just giving an eager law student a backstage pass to see some of the most interesting and challenging processes of international law in action, but for welcoming me as part of the team and allowing me to participate so fully.  

Profile

Jihan is nearing the end of her Bachelor of Law degree at Monash and previously completed a Bachelor of Arts at Melbourne University, majoring in History and Cultural Studies. Jihan’s experiences have fostered a particular interest in International Humanitarian law, women’s rights and development.

During her Arts degree, Jihan was actively involved in student groups such as ‘Students for Land Justice and Reconciliation’ and the ‘Melbourne University Environment Collective,’ helping raise awareness through public forums, film festivals and educational camps on issues as diverse as land rights and the protection of native forests. After her Arts degree, Jihan traveled overseas extensively and lived and worked in Japan as an English teacher for over 2 years.

Over the period of her law degree, Jihan has had the opportunity to volunteer weekly with numerous legal organisations including the Footscray Community Legal Centre, the Asylum Seeker Resource Centre and most recently the Fitzroy Legal Service, where she currently volunteers. In 2006, as part of her studies, Jihan completed an International Humanitarian Law Research Internship with the Australian Red Cross. For this internship she examined the proliferation of small arms and light weapons and their effect on civilians, in conflict and post-conflict zones.

In summer 2006-2007, Jihan participated in the International Jessup Moot in Canberra, where she worked as part of dedicated team, carrying out legal research relating to the place of international organisations within the international community. 

In early 2007, Jihan is looking forward to beginning a Victoria Law Foundation Internship with the Victorian Equal Opportunity and Human Rights Commission.

Australian Delegation to the United Nations Human Rights Council, Geneva