1. UN Human Rights System

2. The System The UN Human rights system consists mainly of two main types of bodies: Charter-based bodies Treaty-based bodies

3. Charter Based Bodies

4. Charter based bodies Often called charter bodies, these are created under the United Nations Charter and include: Human Rights Council Special Procedures of the Commission on Human Rights Sub-Commission for the Promotion and Protection of Human Rights Commission on the Status of Women Commission on Crime Prevention and Criminal Justice Human Rights Council

5. Was Created by a General Assembly Resolution (60/251)on 15 March 2006. Replaced the Commission on Human Rights that was set up by the ECOSOC in 1946. Created as a subsidiary body of the General Assembly consisting of 47 members directly elected by the General Assembly. Serves for a period of 3 years and meets for at lease 3 session every year.

6. Responsibility Responsible for promoting universal respect for the protection of all human rights and fundamental freedoms for all without distinction of any kind in a fair and equal manner

7. Mandate (some of them) Promotion of human rights education and learning, technical assistance and capacity building. Be a forum for dialogue on thematic issues of human rights Make recommendations to the General Assembly for further development of international law in the field of Human Rights. Promote the full implementation of human rights obligations undertaken by states.

8. Other relevant activities The Council addresses situations of violations of human rights, including gross and systematic violations, and makes recommendations. It also promotes the effective mainstreaming and coordination of human rights within the UN system.

9. Sub-Commission on the Promotion and Protection of HR. Created by the Commission on Human Rights. Comprises of 26 independent experts in the field of human rights, elected by the Commission ( now the Council) with regard to equitable geographical distribution. Holds a 3-week session every year in July/August in Geneva. It has about 1000 observers, including State representatives, UN bodies and specialised agencies and NGOs having consultative status with ECOSOC.

10. Main Tasks The Sub-Commission is often described as the ‘think tank’ for the HR Commission. It performs 2 functions: Undertaking studies on human rights issues Making recommendations to the HR Council concerning the prevention of discrimination of any kind relating to national, religious and linguistic minorities Carrying out any other function entrusted to it by the HR Council

11. Special Procedures Are mechanisms established by the Commission on HR to address either specific country situations or thematic issues. Special procedures are either an individual ( Special Rapporteur) or and independent expert or a group of people (working group), appointed by the Chairperson of the HR Council after consultation with the 5 regional groups. They launch fact finding missions, conduct studies, provide advice, respond to individual complaints and engage in promotional activities.

12. Commission on the Status of Women Established by the ECOSOC on 21 June 1946 Promotes, reports and monitors issues relating to the political, economic, civil, social and educational rights of women. Makes recommendations to the Council oin urgent problems requiring immediate action in the field of women’s rights. Objective: promote implementation of the principle that men and women shall have equal rights.

13. Consists of 45 members, elected for 4 years by the ECOSOC. Member selection: 13 from Africal States/11 from Asian States/4 from Eastern European States/9 from Latin American and Caribbean States/8 from Western European and other states. Meets for 8 days every year.

14. Commission on Crime Prevention and Criminal Justice Established by ECOSOC in 1992. Purpose is to strengthen international cooperation in the field of crime prevention and criminal justice. Based in Vienna Consists of 40 members : 12 from African States/9 from Asian states/ 8 from Latin American and Caribbean states/7 from Western European states/4 from Eastern European States.

15. Main Functions Provide policy guidance to the UN in the field of crime prevention and criminal justice Develop, monitor and review the implementation of the UN Crime Prevention Programme Facilitate and help coordinate the activities of the interregional and regional institutes on the prevention of crime and the treatment of offenders Mobilise the support of Member States

16. Treaty Based Bodies

17. Those created under international human rights treaties, in accordance with provisions within the treaties. Presently seven treaty bodies have been established in accordance with the provisions of respective human rights treaties to monitor their implementation. HR Treaty bodies are committees of independent experts that monitor the implementation of the core international human rights treaties.

18. The Treaty Bodies Human Rights Committee – monitors implementation of the International Covenant on Civil and Political Rights 1966 and its optional protocols Committee on Economic, Social and Cultural Rights – monitors implementation of the ICESCR 1966 Committee on the Elimination of Racial Discrimination – monitors the implementation of the International Convention on the Elimination of all Forms of Racial Discrimination 1965

19. Committee on the Elimination of Discrimination against Women – Monitors the implementation of CEDAW 1979 Committee against Torture – monitors the implementation of the Convention against Torture and other Cruel, Inhuman or Degrading Treatment 1984 Committee on the Rights of the Child – monitors the implementation on the CRC 1989 and its optional protocols Committee on Migrant Workers – monitors the implementation of the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families 1990.

20. Functions The Treaty Bodies perform their functions in accordance with the provisions of the treaties that created them. These include: Consideration of State Parties reports Consideration of individual complaints or communications Publication of general comments on the treaties and organise discussions on related themes.

21. Support Each Committee receives secretariat support from the Treaties and Council Branch of the OHCHR in Geneva, except CEDAW, which is supported by the Division for the Advancement of Women.

22. Main Functions Issuing guidelines to assist states with the preparation of their reports Elaborating and interpreting the rights in the treaties ( general comments) Organising discussions on themes related to the treaties Considering complaints or communications from individuals alleging that their rights have been violated by a State party ( provided the State party has opted for this) Undertaking inquiries and country visits where there are systematic violations of HR.

23. Criticisms The growth in the number of treaties and ratifications has resulted in a steep increase in the workload of the treaty bodies and the secretariat, leading to backlogs and increasing resource requirements. Victims of HR violations are unfamiliar with the system’s complex procedures and media coverage is poor. The visits of treaty body members to countries remains rare and an exception and the system has been described as ‘disconnected from realities’ on the ground that meetings are confined to Geneva or New York..

24. There is a lack of coordination and collaboration among the treaty bodies resulting in conflicting jurisprudence. The multiplicity of recommendations emerging from each treaty body makes it difficult for state parties to gain a comprehensive picture of the key concerns and recommendations on a particular country’s HR situation There is the absence of an effective, comprehensive follow-up mechanism to ensure that the system has a sustained and systematic impact on the enjoyment of HR at the national level.

25. Remedies? In the 1980’s, and independent expert was appointed by the SG to carry out a study on enhancing the long term effectiveness of the UN human rights treaty system. The expert suggested that there be a single monitoring body for all the treaties.

26. The unification is under consideration. In the meanwhile, treaty bodies are addressing two main areas of concern: 1. Increased coordination between treaty bodies, including streamlining of working methods 2. Development of a treaty reporting process, including harmonisation of reporting requirements.

27. Office of the High Commissioner for Human Rights (HCHR)

28. What it is A department of the UN Secretariat, which provides secretariat support to almost all the bodies functioning under the UN HR system. This office was created in 1997 The High Commissioner for HR is the principal UN official with responsibility for human rights and is accountable to the UN Secretary General.

29. Mandate Promote universal enjoyment of all human rights by giving practical effect to the will of the world community as expressed by the UN. Preventing human rights violations Play the leading role on HR issues and emphasise the importance of HR in the international and national levels Promote international cooperation for human rights Stimulate and coordinate action for HR throughout the UN system

30. Promote universal ratification and implementation of international standards Assist in the development of new norms Support human rights organs and treaty monitoring bodies Respond to serious violations of human rights Undertake preventive human rights action Promote the establishment of national HR infrastructures Undertake human rights field activities and provide enducation, information and technical services.

31. Organisational Structure The Treaties and Council Branch The Special Procedures Branch The Research and Right to Development Branch The Capacity Building and Field Operations Branch

32. The Treaties and Council Branch Serves: The HR Treaty bodies The HR Council The Sub-Commission on the Promotion and Protection of Human Rights The UN Voluntary Fund for Victims of Torture

33. Activities Processes communications submitted to treaty bodies under optional protocol procedures Follows up on recommendations and decisions taken at treaty body meetings Helps build national capacities to implement treaty body recommendations. Maintains data bases on human rights documentation related to the treaty bodies, the HR Council and the Sub-Commission

34. Special Procedures Branch Provides support to the fact finding investigatory missions undertaken by the special rapporteurs, special representatives and experts and working groups with the aim of documenting human rights violations.

35. Research and Right to Development Branch Provides support to the working group on the Right to Development. It also works for mainstreaming human rights in development activities. The Branch conducts research for this purpose. Maintains the OHCHR’s documentation centre and library.

36. Capacity Building and Field Operations Branch Develops, implements, monitors and evaluates advisory services and other technical assistance projects at the equest of governments. Provides support to human rights fact finding missions and investigations Undertakes activities to strengthen the capacity of national institutions Supports the human rights component of the UN peace missions

37. Other UN Entities involved in HR Protection and Promotion

38. There are 18 other UN agencies and partners also involved in the promotion and protection of human rights, that also interact with the main HR bodies. Some of these are the UNHCR, DAW, UNDP, UNIFEM, WHO, ILO, FAO, UNAIDS, etc. For more information see: www.un.orgwww.un.org