...a vehicle for strengthening the globally accepted notion of the universality of human rights and as a viable framework for the domestic implementation of those rights. This article underscores the significance of the UN human rights treaty system for the South Pacific and critically engages with some entrenched value constructs--cultural relativism, fiscal limitations and geopolitical challenges--that have become prominent arguments in justifying the attitude of South Pacific countries towards this system. Further, the performance of South Pacific countries is evaluated in relation to their accession to, reservations and declarations from, and compliance with the core UN human rights treaties. Finally, observing that discourses on international human rights in the South Pacific have been remarkably state-centric, this article argues for collaborative state and civil society-led initiatives to improve the profile of human rights in the region.]



CONTENTS I Introduction II Advocating the Need for a Universal Human Rights System A Constitutional Guarantees B Fiscal Constraints 1 The Irrelevance of Fiscal Constraints to Accession 2 Fiscal Obligations Imposed by Accession C Cultural Relativism D The Implementation of a Regional System E Concluding Remarks III Overview of Commitment and Compliance in the South Pacific A Formal Expression of Commitment 1 Reservations, Understandings and Declarations B Compliance with Treaty Obligations 1 Reporting Procedures 2 Concluding Observations and Recommendations IV The Future of Human Rights in the Region: Challenges and Strategies V Conclusion

I INTRODUCTION

Following World War II, the United Nations emerged as a global mechanism for achieving

international cooperation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion. (1)

In an unequivocal way, therefore, the Charter of the United Nations signalled that human rights protection was no longer to be regarded as a matter exclusively for national observance, but one that must be of concern to all human beings and governments. (2)

Since its creation in 1945, the UN has expanded tremendously. (3) The effect of this expansion is especially apparent in the realm of human rights, as illustrated by steady evolution and multiplication of the UN's human rights standardisation efforts. With the UN General Assembly's adoption of the Universal Declaration of Human Rights (4) in 1948, and the International Covenant on Civil and Political Rights (5) and the International Covenant on Economic, Social and Cultural Rights (6) in 1966, the UN evinced a clear commitment to the promotion and protection of human rights. In addition to these three normative human rights instruments, (7) numerous other treaties have been adopted to deal with specific global challenges. (8)

Increasingly, UN human rights standards and implementation mechanisms have developed into significant yardsticks for measuring states' conduct, performance and attitudes towards human beings, thus strengthening the global notion of the universality of human rights. (9) However, no matter how elaborately designed, the efficacy of international human rights standards and mechanisms can only be assessed at the domestic level. It is against this background that it becomes germane to evaluate the impact of the UN human rights system on the smaller countries of the South Pacific. (10)

By considering the ratification of the core UN human rights treaties by South Pacific states and the monitoring of their implementation, this article assesses the performance of these states in both theoretical and practical terms. Although human rights are the subject of considerable scholarly exploration in the South Pacific region, this article attempts to move beyond the confines of contemporary intellectual discourses and to advance discussion about the formal commitment of South Pacific countries to the UN human rights system and about their compliance with its basic implementation tenets at the domestic level. Bearing in mind the robust debates about the desirability of a regional human rights system as an alternative supranational human rights supervisory system for the Pacific region, this article highlights some pivotal issues with which rights discourses relating to the South Pacific must contend.

To put this article in perspective, the critical questions that it addresses are: Why has there been marked reluctance among South Pacific countries to ratify, or accede to, the core UN human rights treaties? Are the perceived or real impediments to the formal commitment of South Pacific countries to these core human rights treaties so formidable that advocating such a commitment is futile? If South Pacific countries are as prone to the dynamics of rational change as any other human society, should intellectual engagement with the human rights culture in the South Pacific not devise pragmatic approaches that would advance the integration of these countries with the rest of the world? In light of the absence of a regional human rights system as an alternative to the UN system, and of the institutional inertia and conceptual difficulties associated with the establishment of a viable regional system, might a more realistic approach be to examine how the existing normative and institutional mechanisms of the UN human rights system might facilitate the promotion and protection of human rights in the South Pacific?

While this author appreciates the discussions on the inherent weaknesses of the UN human rights system and a range of intellectual explanations for the dearth of formal commitment among South Pacific countries, the emphasis of this article is on advocating a vibrant, state-led, civil society-inspired and people-owned culture of response to international human rights standards--one that would open the South Pacific, to international standardisation and scrutiny. Underpinning this concern is the absence of a modality for transparent and objective human rights scrutiny in respect of South Pacific countries.

It must be borne in mind, however, that this article does not seek to answer all of the institutionalised ideological and conceptual problems pertaining to human rights in the South Pacific, nor does it seek to consider its theme with particular reference to a specific UN human rights treaty. In any event, there exist many scholarly works on some of the pertinent philosophical challenges. (11) Only in so far as is necessary for analogical purposes does this article reflect on these issues and concepts.

In its thematic outlook, this article begins with a critique of contemporary justifications for non-participation by South Pacific states in the UN human rights system. The article then presents an overview of the formal expressions of commitment by South Pacific countries to this system. It will highlight the shortfall in the performances of certain countries in relation to the requirements of the system and will canvass a multidimensional, interdisciplinary approach to strengthening the value of human rights in these countries.

II ADVOCATING THE NEED FOR A UNIVERSAL HUMAN RIGHTS SYSTEM

There is an unmistakable trend among commentators on the state of human rights in the South Pacific to view the subject in an uncritical light. Specifically, there are three main theoretical arguments that opponents of the implementation of the UN human rights system in the South Pacific raise to support their intellectual opposition.

First, there is a tendency to limit efforts aimed at human rights scrutiny to the constitutional frameworks of the respective South Pacific countries. As long ago as 1992, Angelo noted that from the 'internationalist point of view', human rights 'are not regarded as matters of high priority by the Pacific island states ... since most of the states have entrenched human rights of the international type [in their Constitutions]'. According to this point of view 'there is no need for any further action in the human rights area'. (12)

Second, the fiscal incapacity of the South Pacific countries has also been stressed as a reason for their demonstrable lack of interest in international human rights norms. According to Angelo:

there is no doubt that international human rights carry a substantial cost burden. There is the cost in human and material resources of the internal mechanisms necessary to honour the international human rights obligations--costs which in the present environment cannot be met. There are also related costs of reporting as required by the various treaties. Those material costs, plus the political cost of perceived loss of autonomy, do not augur well for the implementation of international covenants. Some states may consider they could do much better with the money in the provision of education, health, communication services and better protection of the environment from exploitation. (13)

Third, the cultural peculiarities of South Pacific societies have also been offered as an explanation for the very low profile of South Pacific countries within the UN human rights system. The proponents of this theory emphasise the apprehension of the governments of South Pacific countries that international human rights norms pose a threat to traditional values and customary norms. (14) Indeed, some scholars conceptualise human rights as norms that must exist only to the extent that the customary values of South Pacific societies would permit. (15)

Finally, there is a school of thought that views the establishment of a regional human rights system--one that comprehensively harnesses the cultural peculiarities of the states and territories of the broader Pacific--as the most viable alternative to the 'estranged' values of a global system. (16)

This author considers that all the foregoing arguments are capable of reinforcing the recalcitrance of governments towards submitting themselves to the scrutiny afforded by the UN human rights system. Furthermore, the argument anchored on the need to preserve customary values invariably fortifies the cultural relativism albatross that, as will shortly be discussed, weakens and threatens the promise of international human rights. (17)

A Constitutional Guarantees

In the 21st century, to limit the assessment of the human rights profile of any country to the narrow confines of its domestic constitutional framework not only abandons the issue to state discretion but also misses the whole essence of the international human rights regime. Wickliffe painted the picture of the constitutional rights regime in the South Pacific region when he wrote:

National constitutions and institutions in the Pacific are not protecting the human rights of citizens of the Pacific. Human rights violations continue to occur. These violations include abuse of police powers, failure to meet minimal standards relating to the rights of prisoners, militarisation and its use against civilian communities, violence against women, abuse of children and young people, limitation of free speech and media freedom, discrimination based on gender, disability (including HIV/AIDS status), age, minority status or discrimination against immigrants, migrant workers or indigenous peoples. Other human rights violations are occurring in the economic, social and cultural sphere. (18)

To illustrate Wickliffe's point, despite the existence of constitutional guarantees protecting the right to equality and freedom from discrimination in South Pacific constitutions, (19) institutionalised discrimination against women remains rife. For example, Tonga had no female judge, minister or governor notwithstanding the existence of qualified personnel. (20) Further, out of Vanuatu's 27-member national cabinet, only two are females, and in the Solomon Islands, even though land title devolves along matrilineal claims, only males can litigate them. (21) In Tuvalu, the right to freedom from discrimination was recently subverted by a Falekaupule (traditional council) which disallowed the establishment of a duly registered Christian church group in a community simply because converts of the church refused to pay monetary tributes to the private coffers of traditional leaders. (22) Notwithstanding the constitutional protection of other human rights in these constitutions, the customary practices of 'payback' killing, banishment and male domination in public and private spheres continue in varying degrees across the region. (23)

Whilst many developing states have failed to fully secure constitutionalism and, invariably, their constitutional legal order, the legitimation of human rights claims at a supranational level has the capacity to reinforce the legal relations between a state and its citizens and to safeguard individuals from parochial ideologies and idiosyncrasies that would otherwise place such states beyond external scrutiny. (24) If the atrocities of World War II and the acts of despotic regimes around the world awoke human consciences and strengthened the resolve across diverse geopolitical regions to outlaw impunity through the language of 'rights', why should the South Pacific continue to present itself as a bastion of resistance to international human rights scrutiny? It is submitted that without South Pacific countries becoming parties to the core UN human rights treaties, there would simply be no basis upon which even the best intentions and practices of the regimes in the South Pacific region can be objectively assessed. The comprehensive nature of the UN human rights treaty system--the elaborate normative frameworks, implementation monitoring procedures and institutional mechanisms--facilitates such a basis.

B Fiscal Constraints

The argument that South Pacific countries are too poor to accede to the UN's human rights treaties is advanced on two fronts. The first is that these countries cannot afford the costs of producing and transmitting the periodic reports to the appropriate treaty monitoring bodies, and the second is that they are not affluent enough to meet the obligations under those treaties. (25) This article will tackle each of these in...

NOTE: All illustrations and photos have been removed from this article.



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