As noted by Ms. Jahangir, Israel has a respectable record of cooperation with Special Procedures of the Human Rights Council, having hosted the visits of seven Special Rapporteurs and the previous High Commissioner for Human Rights in the past three years. Ms. Jahangir herself was the most recent visitor, completing her visit in January 2008. Moreover, the previous Special Rapporteur for the Situation of Human Rights in the Palestinian Territories completed six visits to the region during his tenure. Nevertheless, due to the highly politicized views of Professor Falk, who legitimizes Hamas terrorism and draws shameful comparisons to the Holocaust, Israel made clear that Mr. Falk was not welcome in his capacity as Special Rapporteur. The Special Rapporteur had first-hand, direct knowledge that Israel did not intend to facilitate his visit. This information had been communicated to him by a variety of mediums. While understanding the need of the Coordination Committee to issue a press release regarding this matter, it is regrettable that this naked publicity stunt by Professor Falk has garnered so much attention. It dishonors the excellent work done by the 37 other Special Rapporteurs, none of whom appears to seek the spotlight in the same stark manner as Professor Falk. It is not, as the Coordination Committee alleges, Israel’s actions which risk “undermining the effectiveness of the UN system of Special Procedures.” Rather, this system is already being severely undermined by the existence of the unbalanced mandate that this Special Rapporteur operates under, which has not been reviewed since 1992, unlike every other Special Rapporteur mandates. Moreover, the system is critically weakened by appointment of such biased and politically-motivated individuals as Professor Falk, which contravenes the Council’s own internal procedures that call for mandate holders to be impartial and objective. The Special Procedures Code of Conduct, adopted in Resolution 5/2, requires that Special Rapporteurs “behave in such a way as to maintain and reinforce the trust they enjoy of all stakeholders.” Furthermore, it dictates that mandate holders shall “show discretion [in implementing their mandate], so as not to undermine…the environment necessary to discharge their mandate.” It is very difficult to reconcile these requirements with Professor Falk’s recent activities. Israel continues to respect the vital role of the Special Procedure system in protecting and promoting human rights and will continue to cooperate with Special Rapporteurs in the future.
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