Monday, August 18, 2025

University of Nairobi's Prof. Attiya Waris has emerged as a leading voice in the United Nations' most ambitious reform effort in decades, proposing transformative changes to strengthen the UN's human rights machinery as the organization approaches its 80th anniversary.

As the UN Independent Expert on foreign debt, other international financial obligations and human rights, Prof. Waris has co-authored a groundbreaking statement with fellow Special Rapporteur Ms. Reem Alsalem that addresses fundamental structural weaknesses threatening the effectiveness of UN human rights work globally.

Prof. Waris’s proposals come at a critical juncture, as the UN faces an unprecedented liquidity crisis with only $1.8 billion of the required $3.5 billion regular budget received by April 2025. Against this backdrop, Prof. Waris has revealed a shocking disparity: the entire Special Procedures system, which monitors human rights violations worldwide through 60 different mandates, operates on merely $8 million annually less than one percent of the UN's total budget.

Drawing on her extensive expertise in international financial law and human rights, Prof. Waris has proposed the creation of an independent fund for Human Rights Council operations, to be managed by the General Assembly's Fifth Committee. This innovative approach would reduce the dangerous reliance on voluntary contributions that can compromise the independence of human rights experts and ensure equal support for all mandates regardless of political considerations.

Central to Prof. Waris' vision is addressing the stark inequity in the current system, where mandate holders are expected to work essentially full-time while maintaining other employment for survival. Her proposal for proper remuneration would democratize access to these crucial positions, enabling qualified experts from developing countries to serve without financial hardship. This reform acknowledges that effective human rights monitoring requires dedicated professionals, not volunteers juggling multiple responsibilities.

The University of Nairobi scholar has also identified a critical accountability gap, noting that Special Rapporteurs are uniquely excluded from UN oversight mechanisms, leaving them vulnerable to harassment and misconduct without proper recourse. Her recommendation to bring mandate holders under the UN Office of Internal Oversight Services while preserving their independence represents a sophisticated balance between accountability and autonomy.

Prof. Waris' proposals extend beyond financial reforms to address institutional relationships, calling for enhanced engagement between Special Procedures and key UN bodies including the General Assembly and Security Council. She emphasizes that UN agencies must fully respect the independence of mandate holders while providing necessary support for their work on intersecting global challenges.

The statement also reflects Prof. Waris' concern about the erosion of international human rights standards, particularly regarding women's rights, where UN agencies have sometimes promoted controversial concepts lacking clear legal foundation. She advocates for greater precision and accountability in how UN officials present international law principles.

These reform proposals represent more than technical adjustments – they constitute a fundamental reimagining of how the international community can effectively monitor and protect human rights in the 21st century. Prof. Waris' leadership in this initiative underscores the University of Nairobi Faculty of Law's continued prominence in shaping global legal and institutional frameworks.

As the UN80 Initiative proceeds, Prof. Waris' contributions will likely prove instrumental in determining whether the United Nations can adapt its human rights machinery to meet contemporary challenges while preserving the independence and effectiveness that make these mechanisms credible guardians of international human rights law.