THE INTERNATIONAL THE INTERNATIONAL HUMAN RIGHTS HUMAN RIGHTS

SYSTEMSYSTEM

““We will not enjoy security We will not enjoy security without development, we will not without development, we will not enjoy development without security, enjoy development without security, and we will not enjoy either without and we will not enjoy either without respect for respect for human rightshuman rights.”.”

UN UN Secretary-General Secretary-General In Larger FreedomIn Larger Freedom

Prague, November 2005Prague, November 2005

Marcia V.J. Kran, Governance Team Leader Marcia V.J. Kran, Governance Team Leader Bratislava Regional CentreBratislava Regional Centre

A main purpose of the A main purpose of the United Nations ….United Nations ….

The The CharterCharter of the United Nations of the United Nations states that one purpose of the states that one purpose of the United Nations is “United Nations is “to achieve to achieve international cooperation international cooperation (including)…in promoting and (including)…in promoting and encouraging respect for human encouraging respect for human rights and for fundamental rights and for fundamental freedoms for all without freedoms for all without distinction as to race, sex, distinction as to race, sex, language, or religionlanguage, or religion.”.”

SETTING SETTING STANDARDS(1)STANDARDS(1)

Between 1948 and 1989 international Between 1948 and 1989 international agreement was successively reached agreement was successively reached on:on:

Civil and political rightsCivil and political rights Economic and social rightsEconomic and social rights Freedom from tortureFreedom from torture Freedom from discriminationFreedom from discrimination Women’s rightsWomen’s rights Children’s rightsChildren’s rights

SETTING SETTING STANDARDS(2)STANDARDS(2)

Setting universal standards is one Setting universal standards is one of the UN’s main achievements in of the UN’s main achievements in the area of human rightsthe area of human rights

The standards are understood and The standards are understood and virtually universally acceptedvirtually universally accepted

This universal legal system This universal legal system applies to over 6 billion peopleapplies to over 6 billion people

Standards providedStandards providedin HR Treaties in HR Treaties

International Covenant on International Covenant on Economic, Social and Cultural Economic, Social and Cultural RightsRights ( (ICESCRICESCR), ), 19661966

International Covenant on Civil and International Covenant on Civil and Political RightsPolitical Rights ( (ICCPRICCPR), ), 19661966– ICCPR 1ICCPR 1stst Optional Protocol (individual Optional Protocol (individual

complaints), 1966complaints), 1966– ICCPR 2ICCPR 2ndnd Optional Protocol (abolition Optional Protocol (abolition

of the death penalty), 1989 of the death penalty), 1989

Human Rights Human Rights Treaties Treaties

International Convention on the Elimination of All International Convention on the Elimination of All Forms of Racial DiscriminationForms of Racial Discrimination ( (ICERDICERD) 1965) 1965

Convention on the Elimination of All Forms of Convention on the Elimination of All Forms of Discrimination Against WomenDiscrimination Against Women ( (CEDAWCEDAW) 1979 ) 1979 latelate

Convention against Torture and Other Cruel, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or PunishmentInhuman or Degrading Treatment or Punishment ((CATCAT) 1984) 1984

Convention on the Rights of the ChildConvention on the Rights of the Child ( (CRCCRC) 1989) 1989

International Convention on the Protection of the International Convention on the Protection of the Rights of All Migrant Workers and Their FamiliesRights of All Migrant Workers and Their Families ((MWCMWC) 1990) 1990

Effect of Human Rights Effect of Human Rights Treaties (1)Treaties (1)

Set outSet out state obligations state obligations corresponding corresponding to specific rights:to specific rights:

– Obligation to Obligation to RespectRespect (duty not to interfere with (duty not to interfere with the enjoyment of human rights)the enjoyment of human rights)

– Obligation to Obligation to ProtectProtect (duty to prevent human rights (duty to prevent human rights violations by others)violations by others)

– Obligation to Obligation to FulfilFulfil (duty to act in order to ensure (duty to act in order to ensure that rights can be enjoyed)that rights can be enjoyed)

Establish Establish mechanisms to monitormechanisms to monitor state state compliance compliance

Allow individuals to seek Allow individuals to seek redress for redress for violationsviolations

Effect of Human Rights Effect of Human Rights Treaties (2)Treaties (2)

HUMAN RIGHTS HUMAN RIGHTS TREATIES TREATIES

ARE ARE

LEGALLY BINDINGLEGALLY BINDINGlike other treatieslike other treaties

Limits to States’ Obligations

At the time of signature or ratification, States At the time of signature or ratification, States are entitled to make:are entitled to make:

Declarations of interpretation Declarations of interpretation ReservationsReservations

ReasonReason: to allow States to adapt universal : to allow States to adapt universal human rights standards to their particular human rights standards to their particular economic or political status, or to their economic or political status, or to their specific social and cultural situation.specific social and cultural situation.

…However:

Reservations can undermine the protection of human rights.

As an example, some states have made reservations to CEDAW which are arguably incompatible with purpose of the treaty.

Note: the reservation to CEDAW made by Note: the reservation to CEDAW made by LibyaLibya: : ““Accession is subject to the general Accession is subject to the general reservation that such accession cannot conflict reservation that such accession cannot conflict with the laws on personal status derived from with the laws on personal status derived from the the Islamic ShariahIslamic Shariah.”.”

ExistingExistingMonitoring Mechanisms Monitoring Mechanisms

(1)(1) Commission on Human RightsCommission on Human Rights

– Meets annually in Geneva for 6 wksMeets annually in Geneva for 6 wks– Comprised of state representativesComprised of state representatives– Considers HR situation worldwideConsiders HR situation worldwide– Special Rapporteurs and Working Special Rapporteurs and Working

report to the Commission on particular report to the Commission on particular subjects or countriessubjects or countries

– International and International and

national media report national media report decisionsdecisions

Commission on Commission on Human Rights (1)Human Rights (1)

Special Rapporteurs,Special Rapporteurs, Special Special Representatives, Special Envoys, Representatives, Special Envoys, Independent ExpertsIndependent Experts

– Country MandateCountry Mandate– Thematic MandateThematic Mandate

Working GroupsWorking Groups

– Specific issuesSpecific issues

Commission on Commission on Human Rights (2)Human Rights (2)

Country mandates:Country mandates:– BelarusBelarus former FM Romaniaformer FM Romania

– BurundiBurundi– CambodiaCambodia– CubaCuba– Democratic People’s Republic of KoreaDemocratic People’s Republic of Korea– HaitiHaiti– LiberiaLiberia– MyanmarMyanmar– Palestinian territories occupied since 1967Palestinian territories occupied since 1967– SomaliaSomalia– SudanSudan– UzbekistanUzbekistan Rustam’s presentationRustam’s presentation

– 2 in RBEC region2 in RBEC region

Commission on Commission on Human Rights (3)Human Rights (3)

Thematic Mandates:Thematic Mandates:– adequate housingadequate housing– African descentAfrican descent– aarbitrary detentionrbitrary detention– sale of childrensale of children– educationeducation– eenforced or involuntary disappearancesnforced or involuntary disappearances– extrajudicial, summary or arbitrary executionsextrajudicial, summary or arbitrary executions– extreme povertyextreme poverty– foodfood– freedom of opinion and expressionfreedom of opinion and expression– freedom of religion or belieffreedom of religion or belief– healthhealth– human rights defendershuman rights defenders

Thematic MandatesThematic Mandates

Cont.Cont. – independence of judges and lawyersindependence of judges and lawyers– indigenous peopleindigenous people– internally displaced personsinternally displaced persons – migrantsmigrants– minority issuesminority issues– racismracism– solidaritysolidarity– effects of economic reform policies and foreign debt effects of economic reform policies and foreign debt – terrorism terrorism – torture torture – toxic and dangerous products and wastestoxic and dangerous products and wastes– trafficking in personstrafficking in persons– transnational corporations and other business enterprises transnational corporations and other business enterprises – violence against womenviolence against women* visit countries by invitation, often UNDP organizes* visit countries by invitation, often UNDP organizes

Example:Example:

Recommendation of Recommendation of Special RapporteurSpecial Rapporteur

Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination, Mr. Miloon Kothari

MISSION TO ROMANIA (14-19 January 2002)

“The Government should take a lead in developing appropriate monitoring mechanisms for the implementation of the right to adequate housing, such as an inter-ministerial committee with involvement of relevant ministries, local authorities and civil society.”

Commission on Commission on Human Rights (4)Human Rights (4)

Can criticize a country and put pressure on it to rectify rights violations

Can adopt a formal resolution calling upon a country to take certain measures to remedy a situation

Can confidentially consider complaints of serious and consistent rights violations (1503 procedure)

The essence of their enforcement power is the pressure of world public opinion

Existing Existing Monitoring Mechanisms Monitoring Mechanisms

(2)(2) Treaty Bodies:Treaty Bodies:

– ICCPR ICCPR → → Human Rights CommitteeHuman Rights Committee– ICESCR → ICESCR → Committee on Economic, Social Committee on Economic, Social

and Cultural Rightsand Cultural Rights– ICERDICERD →→ Committee on the Elimination of Committee on the Elimination of

Racial DiscriminationRacial Discrimination– CEDAWCEDAW →→ Committee on the Elimination Committee on the Elimination

of Discrimination against Womenof Discrimination against Women– CATCAT →→ Committee against TortureCommittee against Torture– CRC →CRC → Committee on the Rights of the Committee on the Rights of the

ChildChild– MWC →MWC → Committee on the Protection of the Committee on the Protection of the

Rights of All Migrant Workers and Their FamilyRights of All Migrant Workers and Their Family

Treaty Bodies (1)Treaty Bodies (1)

– Made up of expertsMade up of experts– States submit reports about their States submit reports about their

internal implementation of human internal implementation of human rights obligationsrights obligations Reports prepared domestically Reports prepared domestically rosyrosy

NGOs can prepare shadow or NGOs can prepare shadow or alternative reportalternative report

Committee examines and discussesCommittee examines and discusses Makes Concluding Observation and Makes Concluding Observation and

Recommendations for action Recommendations for action cycle starts againcycle starts again

Treaty Bodies (2)Treaty Bodies (2)

General Comments or General Comments or General Recommendations General Recommendations are sometimes offered. are sometimes offered. These are a These are a main source of main source of interpretationinterpretation of human of human rights. rights. So are GA resolutions e.g., SMRsSo are GA resolutions e.g., SMRs

EXAMPLE OF GENERAL EXAMPLE OF GENERAL COMMENTS/RECOMMENDATIONSCOMMENTS/RECOMMENDATIONS

CERD - General Recommendation No. 27: CERD - General Recommendation No. 27: Discrimination against Roma : 16/08/2000Discrimination against Roma : 16/08/2000

The Committee on the Elimination of Racial The Committee on the Elimination of Racial Discrimination recommends States Parties:Discrimination recommends States Parties:

““adopt and implement national strategies adopt and implement national strategies and programmes and express determined and programmes and express determined political will and moral leadership, with a political will and moral leadership, with a view to improving the situation of Roma view to improving the situation of Roma and their protection against discrimination and their protection against discrimination by State bodies, as well as by any person by State bodies, as well as by any person or organization.”or organization.”

Complaints Procedure: Complaints Procedure:

IndividualIndividual Complaints are Complaints are possible under CCPR, CERD, possible under CCPR, CERD, CEDAW, CAT, and the MWC.CEDAW, CAT, and the MWC.

Impact of Treaty ReportingImpact of Treaty Reporting

Preparation of reports for the treaty Preparation of reports for the treaty bodies requires states to intensively bodies requires states to intensively review and reflect upon their human review and reflect upon their human rights recordsrights records

Committees serve as a platform for Committees serve as a platform for dialogue with countries on human dialogue with countries on human rightsrights

Committees have provided input into Committees have provided input into the development of new national laws, the development of new national laws, policies and programmes that aim to policies and programmes that aim to protect human rightsprotect human rights

Shortcomings of Existing Shortcomings of Existing Mechanisms (1)Mechanisms (1)

The Commission on Human Rights:The Commission on Human Rights:– Seen as operating according to the national Seen as operating according to the national

self-interest of members who represent their self-interest of members who represent their own countriesown countries

– Fear of being criticized can squelch justifiably Fear of being criticized can squelch justifiably negative comments against other states’ negative comments against other states’ human rights records human rights records do not want to as they will be criticizeddo not want to as they will be criticized

– ““The Commission has performed extremely The Commission has performed extremely poorly leading to a perception of using double poorly leading to a perception of using double standards and being very politically driven” standards and being very politically driven” (High Commissioner Louise Arbour)(High Commissioner Louise Arbour)

⇓⇓A Human Rights Council has been A Human Rights Council has been proposed to increase effectiveness and proposed to increase effectiveness and accountability accountability ZanoferZanofer

Shortcomings of Existing Shortcomings of Existing Mechanisms (2)Mechanisms (2)

Committees / Treaty bodies:Committees / Treaty bodies:

– Overdue reports and extremely long Overdue reports and extremely long delaysdelays

– 1200 reports overdue, but only 1200 reports overdue, but only 1600 have ever been considered in 1600 have ever been considered in the 30 years of treaty body historythe 30 years of treaty body history

– Gender mainstreaming is weak: Gender mainstreaming is weak: CEDAW is in New York (not Geneva) CEDAW is in New York (not Geneva) may be movedmay be moved

UN Office of the High UN Office of the High Commissioner for Commissioner for

HRights: HRights: Main Main activities…activities…

Fact Finding MissionsFact Finding Missions

Promoting universal ratification and Promoting universal ratification and implementation of international standardsimplementation of international standards

Promoting international cooperation for human Promoting international cooperation for human rightsrights

Serve as a secretariat for monitoring Serve as a secretariat for monitoring mechanisms, e.g., Commission and Committeesmechanisms, e.g., Commission and Committees

Technical assistance and some programming Technical assistance and some programming butbut

UNDP & OHCHRUNDP & OHCHR(1)(1)

UNDP and Human Rights:UNDP and Human Rights:– Human development is the core mandate Human development is the core mandate

of UNDPof UNDP– Uni-dimensional development has been Uni-dimensional development has been

the cause of significant human rights the cause of significant human rights denials and abuses in some countries denials and abuses in some countries ClarenceClarence

– Supports the strengthening of national Supports the strengthening of national human rights systems, e.g. through human rights systems, e.g. through capacity building and trainingcapacity building and training

– Promotes the application of a HRBA to Promotes the application of a HRBA to development programmingdevelopment programming

UNDP & OHCHRUNDP & OHCHR(2)(2)

OCHCR is now crafting OCHCR is now crafting partnership strategy, partnership strategy, including on ways to including on ways to engage with UNDP engage with UNDP UNDP not high priority UNDP not high priority

ConclusionConclusion

““No drive for No drive for development will be development will be successful unless it is successful unless it is based on the sure based on the sure foundation of respect foundation of respect for human dignity.”for human dignity.”

S.G. Kofi AnnanS.G. Kofi Annan