i. the united nations - its purposes, functions, structure the purposes and principles of the united...

I. The United Nations - its purposes, functions, structure

• The purposes and principles of the United Nations are set forth in the United Nations Charter which came into force on October 24, 1945. One of the aims of the Charter is:

• "...To achieve international co-operation 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...."

• The Charter of the United Nations also provides for the 6 principle organs of the United Nations:

• 1. General Assembly • 2. Security Council • 3. Economic and Social Council (ECOSOC) • 4. Trusteeship Council • 5. International Court of Justice • 6. Secretariat

II. The Economic and Social Council (ECOSOC)

• The Economic and Social Council (ECOSOC) is an organ of special significance in the UN structure, particularly in economic, social, cultural, educational, health and human rights matters.

• It consists of 54 members who meet twice a year. ECOSOC carries out its functions in the form of numerous committees and commissions (i.e. Commission on Human Rights, the Sub-Commission for the Promotion and Protection of Human Rights) and specialized agencies (i.e. International Labor Organization [ILO], World Health Organization [WHO]).

II. The Economic and Social Council (ECOSOC)

• The Economic and Social Council plays a specific role in the area of human rights. Article 68 of the UN Charter requires the Council to set up a commission to promote human rights.

• On February 16, 1946, the Commission on Human Rights was founded. It is made up of 54 members who serve for three-year terms. The Economic and Social Council gave the Commission the major task of drafting international human rights treaties, including The Universal Declaration of Human Rights.

II. The UN Commission on Human Rights

• Initially concerned with elaborating standards (drafted UDHR, ICCPR, ICESCR)

• “no power to take action in regard to any complaints concerning human rights” (ECOSOC 1947)

• In response to pressure to act on racism in South Africa, ECOSOC changed its mind by adopting Res. 1235 in 1967


• 1235 Procedure: authorized the Commission on Human Rights and its Sub-Commission to examine information relating to gross human rights violations

• South Africa, Namibia, and Rhodesia were the initial States subject to the 1235 procedure


• Public nature of 1235 procedure made states nervous, so they created a new, confidential procedure called the 1503 Procedure

• 1235 (public debate)

• 1503 (confidential debate)


• 1503 Procedure: – Petition-information procedure (not petition-

reparation procedure)

– Activated by complaints from NGO sources that reveal:

“a consistent pattern of gross and reliably attested violations of human rights and

fundamental freedoms” (Res. 1503)


• 1503 Procedure: – Who may submit a communication?

• Anyone with direct and reliable knowledge of violations

– Against what State?• Any UN Member State!!!• UN Commission has different source of authority

than the treaty bodies (UN Charter v. individual treaty)


• 1503 Procedure: Procedural Req’s– No anonymity, but confidentiality can be

requested– Must not be “based exclusively on reports

disseminated by mass media”– Must explain how domestic remedies have

been exhausted (applied loosely in practice- Why???)

– Must be submitted within a reasonable time after exhaustion


• 1503 Procedure: Substantive Req’s– Must show the existence of a consistent

pattern of gross violations (how can individual cases be brought in?)• Torture, disappearances, extra-judicial killings,

arbitrary detention, freedom of movement• The more widespread, the need to show “gross”

violation is diminished and vice-versa

– Must contain evidence and indicate which rights have been violated (basically, the communication will look like a brief)


States reviewed under 1503 Procedure (through 2006)

• Africa: 32 States have been targeted (27 under 1503 procedure, 18 under 1235 procedure, 13 under both)

• Asia: 30 States (27 under 1503 procedure, 13 under 1235 procedure, 9 under both)

• Latin America: 19 States (16 under 1503 procedure, 10 under 1235 procedure, 7 under both)

• Eastern Europe: 18 States (10 under 1503 procedure, 9 under 1235 procedure, 1 under both)

• Western States: 7 States (6 under 1503 procedure, 3 under 1235 procedure, 2 under both)

• http://www.ishr.ch/handbook/Annexes/CommProcs/1503outcms.pdf

http://www.ishr.ch/handbook/Annexes/CommProcs/1503outcms.pdf


Why use the 1503 Procedure?

Pros Cons

Universal Confidential

Standing Lengthy

Forces Justification No reparations

Begins Debate Political


Why use the 1503 Procedure?

BECAUSE OF WHAT IT CAN LEAD TO:

1. 1235 public discussion in the Commission 2. Creation of a “Special Procedure” 3. Asking SG to establish direct contacts4. Asking the Government for further info5. Keep the situation “under review”

III. The Special Procedures

28 Thematic Mandates

13 Country Mandates

III. The Special Procedures

MandatePowers

FunctionsOutputs

Special Rapporteur on the Independence of Judges and Lawyers

http://daccessdds.un.org/doc/UNDOC/GEN/G06/121/27/PDF/G0612127.pdf?OpenElement

• end


States reviewed under 1503 Procedure (through 2006)

• Africa: 32 States have been targeted (27 under 1503 procedure, 18 under 1235 procedure, 13 under both)

• Asia: 30 States (27 under 1503 procedure, 13 under 1235 procedure, 9 under both)

• Latin America: 19 States (16 under 1503 procedure, 10 under 1235 procedure, 7 under both)

• Eastern Europe: 18 States (10 under 1503 procedure, 9 under 1235 procedure, 1 under both)

• Western States: 7 States (6 under 1503 procedure, 3 under 1235 procedure, 2 under both)

• http://www.ishr.ch/handbook/Annexes/CommProcs/1503outcms.pdf

http://www.ishr.ch/handbook/Annexes/CommProcs/1503outcms.pdf

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• F. Reports of the procedure established in accordance with Economic and Social Council resolutions 1503 (XLVIII) and 2000/3 (confidential procedure)

• The Council considered the reports of the procedure established in accordance with Economic and Social Council resolutions 1503 (XLVIII) and 2000/3 in two closed meetings, at its 12th meeting on 19 March, and at its 22nd meeting on 26 March 2007, pursuant to paragraph 7 of Economic and Social Council resolution 2000/3 of 16 June 2000. The Council had before it for consideration the situation of human rights in the Islamic Republic of Iran and Uzbekistan.

• At the 23rd meeting, on 26 March 2007, the President announced publicly that the Council had decided to discontinue the consideration of the human rights situations in the Islamic Republic of Iran and Uzbekistan.

• The President reminded the members of the Council that, in conformity with paragraph 9 of Economic and Social Council resolution 2000/3, they should not make any reference in public debate to the confidential decisions taken under that resolution or to any confidential material relating thereto.

Commission Council

Status Subsidiary body of ECOSOC

Subsidiary of the General Assembly

Location Geneva Geneva (with presence in NYC)

Elections 54 ECOSOC members voted

191 Member States of the GA will vote

Size 53 47

Membership Member of ECOSOC Any UN Member State

Criteria None “shall take into account”

Suspension None 2/3 vote of Council

Commission Council

Sessions 6-week session No fewer than 3 sessions and no less than 10 weeks total

Convening Mechanism

? 1/3 of members

Term limits None 2, 3 year terms

one year off before seeking another term

Commission Council

FUNCT IONS

1. Standard Setting

2. Complaint Procedure

3. Specific Countries

4. Special Procedures

5. Forum for dialogue between States and NGOs/victims

1. 5(c)

2. 6

3. 5(e)

4. 6

5. 5(b), 11 and preamble

Weaknesses

• Not an primary body of UN• No explicit criteria for membership• No significant reduction in size• Only majority vote required to be

elected• Potential for duplication

Strengths

• Universal peer review mechanism• Maintains the best of the

Commission• Extended time for dialogue• Emphasis on follow-up• Suspension provision• Elections

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i. the united nations - its purposes, functions, structure the purposes and principles of the united...

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human rights ecosoc

protection of human

area of human rights

human rights matters

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