Introduction to the UN human rights system UN TRAINING FOR TRANS ACTIVISTS SEPTEMBER 2015

Aims of the session  To be equipped with a ‘mental map’ to of the UN system and how it functions  To be able to determine how the UN could be relevant in your particular context

History

 League of Nations failed to prevent World War I  UN created after World War 2  50 States drew up UN Charter – based on text drafted by China, the Soviet Union, the UK and the US  Officially established on 24 October 1945

An inter-governmental organisation made up of member States  193 Member States  States must apply and be ‘a peace-loving State’  Security Council recommends membership  GA vote – 2/3 majority  Most recent member: South Sudan 2011  Non-member States: Holy See and Palestine – permanent observers

UN system Political versus technical: 1. Political bodies – discussions between States 2. Expert bodies – technical discussions between independent experts

With legislative power Treaties and declarations drawn up by relevant body Eg. Human rights by the Human Rights Council or a sub- body

Without military power  No military, but peacekeeping forces  Security Council to approve  Mostly post-conflict, stability  Also can authorize invasion of one State by another eg. US in Iraq  Security Council – some executive power eg. sanctions resolutions

Judicial power International Court of Justice only!  To settle legal disputes submitted by States  Advisory opinions on request of UN organs / agencies  International law

Three pillars of the UN  Peace and Security Maintenance of peace and security – develop friendly relations amongst nations  Development Promotion of development, eg. sustainable development goals  Human Rights Promotion and protection of human rights by States and individuals

Universal Declaration on Human Rights  Following World War II  January 1947 – Commission on Human Rights first met and definition of human rights was its first priority  8-member committee prepared draft text  Commission revised draft based on Member States’ comments  After 1400 votes, the General Assembly adopted the UDHR on 10 December 1948 without a single vote against, but 8 abstentions  Overwhelming support

The UDHR  Most translated document in the world  Adopted in or influenced most national constitutions  Inspired more than 80 international HR treaties and declarations, regional conventions and domestic HR bills  Declaration: not binding, but body of law created in two treaties  Commission on Human Rights wanted to hold States accountable  Customary international law – stronger than treaty, no opt-in, all countries bound

The International Bill of Rights Universal Declaration of Human Rights + International Covenant on Economic, Social and Cultural Rights + International Covenant on Civil and Political Rights

Charter body vs treaty body

Mapping the UN

Human Rights Council

Political  Advantage: - statements, decisions, resolutions have more weight - resolutions applies to all member states (UN Charter)  Disadvantage: more difficult to reach agreement on sensitive issues or country situations  3 sessions per year – 3 to 4 weeks  Accessible for NGOs, eg. speaking right  Monitoring on issues or countries by experts – Special Procedures  to take action

Special procedures

Universal Periodic Review (UPR) Working Group  Improvement of the human rights situation on the ground;  Fulfillment of the State's human rights obligations - UDHR  Sharing of best practice among States and other stakeholders;  Cooperation in the promotion and protection of human rights.  Peer-to-peer, political

Treaty bodies

Exercise: engaging the UN Question : what are the distinct values of engaging with the mechanism your group has been assigned? Each group will discuss one key mechanism assigned from:  Human Rights Council  Special procedures  UPR  Treaty bodies