THE INTERNATIONAL HUMAN RIGHTS SYSTEM “We will not enjoy security without development, we will not enjoy development without security, and we will not enjoy either without respect for human rights.” UN Secretary-General In Larger Freedom Prague, November 2005 Marcia V.J. Kran, Governance Team Leader Bratislava Regional Centre

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

SETTING STANDARDS(1) Between 1948 and 1989 international agreement was successively reached on: Civil and political rights Civil and political rights Economic and social rights Economic and social rights Freedom from torture Freedom from torture Freedom from discrimination Freedom from discrimination Women’s rights Women’s rights Children’s rights Children’s rights

SETTING STANDARDS(2) Setting universal standards is one of the UN’s main achievements in the area of human rights Setting universal standards is one of the UN’s main achievements in the area of human rights The standards are understood and virtually universally accepted The standards are understood and virtually universally accepted This universal legal system applies to over 6 billion people This universal legal system applies to over 6 billion people

Standards provided in HR Treaties International Covenant on Economic, Social and Cultural Rights ( ICESCR ), 1966 International Covenant on Economic, Social and Cultural Rights ( ICESCR ), 1966 International Covenant on Civil and Political Rights ( ICCPR ), 1966 International Covenant on Civil and Political Rights ( ICCPR ), 1966 –ICCPR 1 st Optional Protocol (individual complaints), 1966 –ICCPR 2 nd Optional Protocol (abolition of the death penalty), 1989

Human Rights Treaties International Convention on the Elimination of All Forms of Racial Discrimination ( ICERD ) 1965 International Convention on the Elimination of All Forms of Racial Discrimination ( ICERD ) 1965 Convention on the Elimination of All Forms of Discrimination Against Women ( CEDAW ) 1979 late Convention on the Elimination of All Forms of Discrimination Against Women ( CEDAW ) 1979 late Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment ( CAT ) 1984 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment ( CAT ) 1984 Convention on the Rights of the Child ( CRC ) 1989 Convention on the Rights of the Child ( CRC ) 1989 International Convention on the Protection of the Rights of All Migrant Workers and Their Families ( MWC ) 1990 International Convention on the Protection of the Rights of All Migrant Workers and Their Families ( MWC ) 1990

Effect of Human Rights Treaties (1) Set out state obligations corresponding to specific rights: Set out state obligations corresponding to specific rights: –Obligation to Respect (duty not to interfere with the enjoyment of human rights) –Obligation to Protect (duty to prevent human rights violations by others) –Obligation to Fulfil (duty to act in order to ensure that rights can be enjoyed) Establish mechanisms to monitor state compliance Establish mechanisms to monitor state compliance Allow individuals to seek redress for violations Allow individuals to seek redress for violations

Effect of Human Rights Treaties (2) HUMAN RIGHTS TREATIES ARE LEGALLY BINDING like other treaties

Limits to States’ Obligations At the time of signature or ratification, States are entitled to make: Declarations of interpretation Declarations of interpretation Reservations Reservations Reason : to allow States to adapt universal human rights standards to their particular economic or political status, or to their 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 Libya : “Accession is subject to the general reservation that such accession cannot conflict with the laws on personal status derived from the Islamic Shariah.”

Existing Monitoring Mechanisms (1) Commission on Human Rights Commission on Human Rights –Meets annually in Geneva for 6 wks –Comprised of state representatives –Considers HR situation worldwide –Special Rapporteurs and Working report to the Commission on particular subjects or countries –International and national media report decisions

Commission on Human Rights (1) Special Rapporteurs, Special Representatives, Special Envoys, Independent Experts Special Rapporteurs, Special Representatives, Special Envoys, Independent Experts –Country Mandate –Thematic Mandate Working Groups Working Groups –Specific issues

Commission on Human Rights (2) Country mandates: Country mandates: – Belarus former FM Romania Belarus – Burundi Burundi – Cambodia Cambodia – Cuba Cuba – Democratic People’s Republic of Korea Democratic People’s Republic of Korea Democratic People’s Republic of Korea – Haiti Haiti – Liberia Liberia – Myanmar Myanmar – Palestinian territories occupied since 1967 Palestinian territories occupied since 1967 Palestinian territories occupied since 1967 – Somalia Somalia – Sudan Sudan – Uzbekistan Rustam’s presentation Uzbekistan –2 in RBEC region

Commission on Human Rights (3) Thematic Mandates: Thematic Mandates: – adequate housing adequate housing adequate housing – African descent African descent African descent – arbitrary detention rbitrary detentionrbitrary detention – sale of children sale of children sale of children – education education – enforced or involuntary disappearances nforced or involuntary disappearancesnforced or involuntary disappearances – extrajudicial, summary or arbitrary executions extrajudicial, summary or arbitrary executions extrajudicial, summary or arbitrary executions – extreme poverty extreme poverty extreme poverty – food food – freedom of opinion and expression freedom of opinion and expression freedom of opinion and expression – freedom of religion or belief freedom of religion or belief freedom of religion or belief – health health – human rights defenders human rights defenders human rights defenders

Thematic Mandates Cont. – independence of judges and lawyers independence of judges and lawyers independence of judges and lawyers – indigenous people indigenous people indigenous people – internally displaced persons internally displaced persons internally displaced persons – migrants migrants – minority issues minority issues minority issues – racism racism – solidarity – effects of economic reform policies and foreign debt 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 wastes toxic and dangerous products and wastes toxic and dangerous products and wastes – trafficking in persons trafficking in persons trafficking in persons – transnational corporations and other business enterprises – violence against women * visit countries by invitation, often UNDP organizes

Example: Recommendation of Special 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 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 Monitoring Mechanisms (2) Treaty Bodies: Treaty Bodies: –ICCPR → Human Rights Committee –ICESCR → Committee on Economic, Social and Cultural Rights –ICERD → Committee on the Elimination of Racial Discrimination –CEDAW → Committee on the Elimination of Discrimination against Women –CAT → Committee against Torture –CRC → Committee on the Rights of the Child –MWC → Committee on the Protection of the Rights of All Migrant Workers and Their Family

Treaty Bodies (1) –Made up of experts –States submit reports about their internal implementation of human rights obligations Reports prepared domestically rosy Reports prepared domestically rosy NGOs can prepare shadow or alternative report NGOs can prepare shadow or alternative report Committee examines and discusses Committee examines and discusses Makes Concluding Observation and Recommendations for action cycle starts again Makes Concluding Observation and Recommendations for action cycle starts again

Treaty Bodies (2) General Comments or General Recommendations are sometimes offered. These are a main source of interpretation of human rights. So are GA resolutions e.g., SMRs

EXAMPLE OF GENERAL COMMENTS/RECOMMENDATIONS CERD - General Recommendation No. 27: Discrimination against Roma : 16/08/2000 The Committee on the Elimination of Racial Discrimination recommends States Parties: “adopt and implement national strategies and programmes and express determined political will and moral leadership, with a view to improving the situation of Roma and their protection against discrimination by State bodies, as well as by any person or organization.”

Complaints Procedure: Individual Complaints are possible under CCPR, CERD, CEDAW, CAT, and the MWC.

Impact of Treaty Reporting Preparation of reports for the treaty bodies requires states to intensively review and reflect upon their human rights records Preparation of reports for the treaty bodies requires states to intensively review and reflect upon their human rights records Committees serve as a platform for dialogue with countries on human rights Committees serve as a platform for dialogue with countries on human rights Committees have provided input into the development of new national laws, policies and programmes that aim to protect human rights Committees have provided input into the development of new national laws, policies and programmes that aim to protect human rights

Shortcomings of Existing Mechanisms (1) The Commission on Human Rights: The Commission on Human Rights: –Seen as operating according to the national self-interest of members who represent their own countries –Fear of being criticized can squelch justifiably negative comments against other states’ human rights records do not want to as they will be criticized –“The Commission has performed extremely poorly leading to a perception of using double standards and being very politically driven” (High Commissioner Louise Arbour) ⇓ A Human Rights Council has been proposed to increase effectiveness and accountability Zanofer

Shortcomings of Existing Mechanisms (2) Committees / Treaty bodies: Committees / Treaty bodies: –Overdue reports and extremely long delays –1200 reports overdue, but only 1600 have ever been considered in the 30 years of treaty body history –Gender mainstreaming is weak: CEDAW is in New York (not Geneva) may be moved

UN Office of the High Commissioner for HRights: UN Office of the High Commissioner for HRights: Main activities… Fact Finding Missions Fact Finding Missions Promoting universal ratification and implementation of international standards Promoting universal ratification and implementation of international standards Promoting international cooperation for human rights Promoting international cooperation for human rights Serve as a secretariat for monitoring mechanisms, e.g., Commission and Committees Serve as a secretariat for monitoring mechanisms, e.g., Commission and Committees Technical assistance and some programming but Technical assistance and some programming but

UNDP & OHCHR (1) UNDP and Human Rights: UNDP and Human Rights: –Human development is the core mandate of UNDP –Uni-dimensional development has been the cause of significant human rights denials and abuses in some countries Clarence –Supports the strengthening of national human rights systems, e.g. through capacity building and training –Promotes the application of a HRBA to development programming

UNDP & OHCHR (2) OCHCR is now crafting partnership strategy, including on ways to engage with UNDP UNDP not high priority

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