international human rights mechanisms:
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INTERNATIONAL HUMAN RIGHTS MECHANISMS:. TREATY. AND. NON-TREATY. MECHANISMS. International and regional. Next three lectures. Today. What are the non-treaty mechanisms?. General Assembly. ”Mainstreaming” of human rights. Security Council. Human Rights Council. Sec-Gen. ICJ. OHCHR. - PowerPoint PPT PresentationTRANSCRIPT
INTERNATIONAL HUMAN RIGHTS MECHANISMS:TREAT
Y AND NON-TREATY MECHANISMS
TodayNext three lectures
International and regional
What are the non-treaty mechanisms?
Security Council
General Assembly
OHCHR
Human Rights
Council
ICJ
”Mainstreaming” of human rights
Sec-Gen
”Mainstreaming” of human rights
«the issue of human rights has been designated as cutting across each of the four substantive fields of the
Secretariat’s work programme”
«the issue of human rights has been designated as cutting across each of the four substantive fields of the
Secretariat’s work programme”
“a major task for the United Nations, therefore, is to enhance its human rights programme and fully integrate it into the broad range of the Organization’s activities”
“a major task for the United Nations, therefore, is to enhance its human rights programme and fully integrate it into the broad range of the Organization’s activities”
The human rights dimension must be considered in all UN
activities
Who sits in the Charter bodies?
General Assembly
General Assembly Article 10Article 10
«May discuss any questions or any matters within the scope of
the present Charter»
Article 13Article 13«shall … make recommendations
for the purpose of … (b) … assisting in the realization of
human rights and fundamental freedoms for all»
• Adopt HR treaty texts before being opened to State accession
• Adopt non-binding declarations
• Country-specific or thematic resolutionsHugo Chavez, President of Venezuela calls
U.S. President George W. Bush ‘the devil’ (20 Sept 2006)
Anything goes…Third Committee
• Review reports
Human rights in the UN CharterHuman rights in the UN Charter
Determined … to reaffirm faith in fundamental human rights
Determined … to reaffirm faith in fundamental human rights
The purposes of the United Nations are … To achieve international co-operation in … promoting and encouraging
respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion;
The purposes of the United Nations are … To achieve international co-operation in … promoting and encouraging
respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion;
PreamblePreamble
Art. 1Art. 1
Arts. 55 and 56Arts. 55 and 56
The United Nations shall promote … universal respect for, and observance of, human rights and fundamental freedoms for all without distinction
as to race, sex, language, or religion.
The United Nations shall promote … universal respect for, and observance of, human rights and fundamental freedoms for all without distinction
as to race, sex, language, or religion.
All Members pledge themselves to take joint and separate action in co-operation
with the Organization for the achievement of the purposes set forth in Article 55.
All Members pledge themselves to take joint and separate action in co-operation
with the Organization for the achievement of the purposes set forth in Article 55.
Security Council
Security Council
What role have human rights played in the SC?What role have human rights played in the SC?
1989-1995
1995-1998
1998-today Assertive period
Active period
1945-1989 Dormant period
Awakening period
Human rights functions and responsibilities
included in mandates of peace operations
Human rights functions and responsibilities
included in mandates of peace operations
Grave human rights violations emerged as an
independent and sufficient justification to act
Grave human rights violations emerged as an
independent and sufficient justification to act
OHCHR
OHCHR
Secretariat to Human Rights Council
Secretariat to Human Rights Council
Independent mandate to promote
human rights
Independent mandate to promote
human rights
Oversees the «mainstreaming» of human rights in UN
Oversees the «mainstreaming» of human rights in UN
http://www.ohchr.org/EN/Pages/WelcomePage.aspx
Provides assistance to Member States
Provides assistance to Member States
ICJ
ICJ
Not a human rights court
Not a human rights court
Traditional exception: Diplomatic protectionTraditional exception: Diplomatic protection
Diallo case (2010)Diallo case (2010)
May deal with any legal dispute between
States
May deal with any legal dispute between
States
Rights of States
Rights of States
Rights of individualsRights of
individuals
Human Rights
Council
CreationCreationThe principal UN intergovernmental body responsible for human rights
The principal UN intergovernmental body responsible for human rightsMembershipMembership
Commission on Human Rights Human Rights Council
Number of Members 53 47
Geographic Breakdown Africa=15Asia=12Eastern Europe=5Latin America=11Western Europe/Other=10
Africa=13Asia=13Eastern Europe=6Latin America=8Western Europe/Other=7
Meetings 6 weeks (March/April) As needed (10-week min.)
Election ECOSOC General Assembly
Re-election No limit 2-term limit
Election Method Majority of ECOSOC Majority of UNGA
Election Campaign None Voluntary pledges and commitments
Suspension None By 2/3 of UNGA
Replaced the Commission on Human Rights
Replaced the Commission on Human Rights
The Commission on Human Rights
(1946-2006)Recognizing the work undertaken by the Commission on Human Rights and the need to preserve and build on its achievements and to redress its shortcomings,
Recognizing further that the promotion and protection of human rights should be based on the principles of cooperation and genuine dialogue and aimed at strengthening the capacity of Member States to comply with their human rights obligations for the benefit of all human beings,
The 2005 World Summit (September 2005): Create a Human Rights Council, leaving all details to be determined by the UN General Assembly with ”open, transparent and inclusive negotiations.”
UNGA res. 60/251 (2006)
HRC Resolution 5/1 (18 June 2007) and UNGA res. 62/434 (2007): Institution-building
Commission
Council
Election of states with dubious HR records
Election of states with dubious HR records
UN Sec-Gen reports «A More Secure World» and
«In Larger Freedom»
UN Sec-Gen reports «A More Secure World» and
«In Larger Freedom»“In recent years States have sought membership
of the Commission not to strengthen human rights but to protect themselves against criticism
or to criticize others.”
“In recent years States have sought membership of the Commission not to strengthen human
rights but to protect themselves against criticism or to criticize others.”
Suggested universal membership
Suggested universal membership
Suggested limitation criterion: Chapter VII action
Suggested limitation criterion: Chapter VII action
Compromise: Non-universal membership without
limitation criteria
Compromise: Non-universal membership without
limitation criteria
HUMAN RIGHTS COUNCIL
HUMAN RIGHTS COUNCIL
19 June 2006: First session of the Council
HUMAN RIGHTS COUNCIL
HUMAN RIGHTS COUNCIL
Palais des Nations, Geneva
HUMAN RIGHTS COUNCIL
HUMAN RIGHTS COUNCIL
Mandate: Promote and protect the human rights of people throughout the world
All “mandates, mechanisms, functions and responsibilities” of the Commission transferred to Council
All “mandates, mechanisms, functions and responsibilities” of the Commission transferred to Council
FunctionsFunctions
Universal periodic review
Universal periodic review
Complaints procedureComplaints procedure
Special procedures
Special procedures
Expert adviceExpert advice
HUMAN RIGHTS COUNCIL
HUMAN RIGHTS COUNCIL
Forum for dialogue
Forum for dialogue
HUMAN RIGHTS COUNCIL
HUMAN RIGHTS COUNCIL
Universal Periodic Review
Universal Periodic Review
The most important reform
Louise Arbour, former HCHR: The UPR is a formidable response to the weaknesses of the CHR. It
could ”provide a vehicle for scrutiny of the implementation of
rights and norms beyond anything ever attempted by the
CHR.”
Ban Ki-moon, UN Sec-Gen: The UPR is ”strong and meaningful.”
It is capable of sending a ”clear message that all countries will have
their human rights record and performance examined at regular
intervals.” It ”has great potential to promote and protect human rights in
the darkest corners of the world ”
Joint NGO Statement: ”One of the most signficant
innovations in the new HRC.”
HUMAN RIGHTS COUNCIL
HUMAN RIGHTS COUNCIL
Universal Periodic Review
Universal Periodic Review
The most important reform
• A country assessment mechanism
• All UN Member States are subject to review, once every four years
• Based on interactive dialogue (not confrontation)
HUMAN RIGHTS COUNCIL
HUMAN RIGHTS COUNCIL
Universal Periodic Review
Universal Periodic Review
Information considered
Standards applied:UN Charter, UDHR, HR instruments, HR voluntary
pledges, international humanitarian law Information considered:
from State under reviewfrom UN entitiesfrom others (NGOs, NHRIs)
HUMAN RIGHTS COUNCIL
HUMAN RIGHTS COUNCIL
Universal Periodic Review
Universal Periodic Review Procedure
• Review conducted by the UPR Working Group (HRC)• “Troika” of States acts prepares outcome report• UPR Working Group considers the report• Report is considered and adopted by HRC
– Not a “judgment”
• Outcome report “should be implemented”
HUMAN RIGHTS COUNCIL
HUMAN RIGHTS COUNCIL
Universal Periodic Review
Universal Periodic Review Recommendations
• Ratify human rights treaties• Remove reservations to human rights treaties• Review problematic policies or laws• Implement specific recommendations made by UN
Treaty Bodies or special procedures
The State can either accept or reject
recommendations
Commission
Council
Complaints proceduresComplaints procedures
1947: The «no power» doctrine
1947: The «no power» doctrine
1967: The «1235 procedure»
1967: The «1235 procedure»
1970: 1970:
2006: The Council shall maintain
a complaint procedure
2006: The Council shall maintain
a complaint procedure
Must address ”consistent patterns of gross and reliably attested
violations of all human rights and all fundamental freedoms
occurring in any part of the world and under any circumstances”
Must address ”consistent patterns of gross and reliably attested
violations of all human rights and all fundamental freedoms
occurring in any part of the world and under any circumstances”
Confidential procedureConfidential procedure
Working Group on Communications
Working Group on Communications
Working Group on Situations
Working Group on Situations
Human Rights Council in plenary session
Human Rights Council in plenary session
HUMAN RIGHTS COUNCIL
HUMAN RIGHTS COUNCIL
The «1503 procedure»
Country-specific mandates
Country-specific mandates
Thematic mandatesThematic mandates
Special rapporteur
Special rapporteur
Independent experts
Independent experts Working groupWorking group
CommunicationsCommunications Country visitsCountry visits ReportsReports Public statements
Public statements
HUMAN RIGHTS COUNCIL
HUMAN RIGHTS COUNCIL
Special procedures
Special procedures