Presentation on theme: "The UN / International Protection System of Human Rights"— Presentation transcript:
1 The UN / International Protection System of Human Rights
2 UN contribution on Protection of Human Rights The UN has created a global structure for protecting human rights, based largely on its Charter, non-binding declarations, legally binding treaties and on various activities aimed at advancing democracy and human rights throughout the world.The UN's system of HRs protection has three main components:1. It establishes international standards through its Charter, legally binding treaties, non-binding declarations, agreements, and documents2. It mandates Special Rapporteurs and experts, and groups, such as working groups, committees and treaty bodies, to work in various manners for the promotion and protection of human rights3. It offers technical assistance through the Voluntary Fund for Advisory Services and Technical Assistance in the field of Human Rights.
3 Historical Background of UN Establishment The trauma and violence of World War II (WWII) inspired the Allied Nations to try to establish a peace-keeping organization for the prevention of the recurrence of such horrors.Historical dates Roosevelt and Churchill sign "Atlantic Charter"Allied nations sign Declaration by United Nations.Blueprint of UN developed during Dumbarton Oaks Conferencecountries adopt Charter of United Nations on June 25 in San FranciscoFirst meeting of General Assembly on January 10Security Council meets for the first time on January 17General Assembly adopts Universal Declaration of Human Rights on December 10
5 Body of UN on HRs after reform at 2006 HRs Treaties and its MechanismsUN Charter based Mechanism on HRsHRCUN GeneralSecretary/UNOHCHRHumanitarian TrustFundTechnical CooperationHuman Rights FieldPresence(Security Council)ICTY, ICTR, Resolution,,Recommend to ICCCESCRCERD(General Assembly)Human RightsCouncilCATCEDAW(ECOSOC)Commission on Statusof WomenSub-Commission onProtectionand Promotion of HRsCRCCMWCommission on HRsCRPDCPED
6 General Assembly of UNThe General Assembly is the legislative body of the UN.It currently consists of 193 member states, all of which must take part in its sessions and none of which may have more than five representatives.The General Assembly passed the Declarations, binding treaties, Resolutions, Guidelines on the various issues including HRsIt is also responsible for appointing the Secretary-General, upon recommendation from the Security Council, to a renewable five year term.Formation of Human Rights CouncilEvaluated the treaty obligated report sent by States
7 Secretariat/ Secretary General The Secretariat is headed by the Secretary General who is recommended by the Security Council and then appointed to a five-year term by the General Assembly.It is in charge of carrying out programs designed by other branches of the United Nations, such as peacekeeping missions, international dispute mediation, and studying economic, cultural, human rights, or social trends.It also handles administrative details, such as speech and documents translations, UN news and information releases, and international conference co-ordinations.Appointed of UN OHCHR and established their mission in various statesAppointed the Secretary General Representative work for HRs and deploying the peace and others mission etc.
8 Security CouncilThe SC possesses the power to enacts resolutions for the use of force, maintain peace and security and HRs.Permanent members hold veto power.Its composition has established in the UN Charter, and consists of five permanent members and ten non-permanent members serve on the Council who are elected to two year terms.Non-members may participate in hearings and meetings, but may not vote.The Security Council is an important branch of the UN, developed for the maintenance of peace and security in the world.It passed the several resolution on HRs issues, such as, 1325, 1820, 1888, 1612 etc
9 International Court of Justice The International Court of Justice (ICJ), the judicial branch of the UN, is based in the Hague, the Netherlands, and was established in 1945 by the Charter of the United Nations.All states that have signed the UN Charter are members of the ICJ.Its jurisdiction extends to international conflicts, with the exception of political ones.Its responsibilities include: giving opinions on concrete topics; ruling on cases; and clarifying international legal norms.The ICJ is the latest step in the continuing evolution of international courts.The Permanent Court of International Justice was created by the League of Nations and existed between 1922 and It served as the model on which the International Court of Justice is based.Several cases decided on the issues of Right to Self- Determination
10 Economy and Social Council The ECOSOC makes recommendations to the General Assembly on human rights issues.It reviews the reports submitted by the various Commission and Body.ECOSOC is composed of 54 members serving three year terms; members meet twice a year.It oversees several Treaty committees and commissions, such as the Sub-Commission on the Promotion and Protection of Human Rights, the Commission on the Status of Women and the Commission on Crime Prevention and Criminal Justice, as well as UN specialized agencies, such as the International Labor Organization (ILO) and the World Health Organization (WHO).
11 Trusteeship CouncilThis council was originally established to preside over the so-called "dependent areas" within the international Trusteeship System, under Article 75 of the UN Charter.The tasks of the Council have largely been fulfilled, and it is therefore now mostly obsolete.Trusteeship Council only meets if and when a scenario requires it.
12 UN Mechanism on Human Rights: Charter Base and Treaty Base Feature of Charter Base MechanismEstablished and formation of UN Charter 1945Wide mandate of dealing on HRs issuesAble to address unlimited peopleEnforce without ratification of Treaty in stateDecision taken by majority processGenerally adopted by General AssemblyEffective and influential mechanism then Treaty.
13 Treaty Base Mechanism Establish by special treaty provision Contd.Treaty Base MechanismEstablish by special treaty provisionAll treaties have not provisioned to enforcement of their provisionLimited mandate for addressing the HRs issues and situationsEnforced only for the ratified statesAdopted the soft decision for enforcement of HRs in statesLess effective mechanism than Charter base
14 The Reporting Cycle of Treaty Mechanism At first the state submit thereports to CommitteeFollow up the CommitteesuggestionsThe Committee evaluated thereports and sent the concerningquery to states if needNGOs, UN AgenciesNHRIs, may facilitateto CommitteeNGOs, UN AgenciesNHRIs, may facilitateto CommitteeThe Reporting Cycleof Treaty MechanismThe Committee will concludethe final decisionon reportNGOs, UN AgenciesNHRIs, may facilitateto CommitteeState and Committee willface to face discussin sessionStates repliescommittee concern
15 Charter Base Mechanism: Human Rights Council $& ;b:o /fi6«x? ePsf] dxf;efsf] k|:tfj cg';f/ ;g\Charter Base Mechanism: Human Rights CouncilThe Human Rights Council is an inter-governmental body within the UN system made up of 47 States responsible for strengthening the promotion and protection of human rights around the globe. The Council was created by the UN GA on 15 March 2006 with the main purpose of addressing situations of human rights violations and make recommendations on them. Among the elements such as , Universal Periodic Review mechanism which will assess the human rights situations in all 193 UN Member States. Other features include a new Advisory Committee which serves as the Council’s “think tank” providing it with expertise and advice on thematic human rights issuesThe Human Rights Council also continues to work closely with the UN Special Procedures established by the former Commission on Human Rights and assumed by the Council.
16 The Council serves as the main United Nations forum for intergovernmental cooperation and dialogue on human rights issues.Its focus is to help member states meet their human rights obligations through dialogue, capacity building, and technical assistance.The Council also makes recommendations to the General Assembly for further development of international law in the field of human rights.“Complaints Procedure,” which allows individuals and organizations to bring complaints about human rights violations to the attention of the Council.The Council addresses specific country situations or thematic issues through a system called ‘special procedures.’ Currently, there are 33 thematic and 8 country mandates.Contd.\
17 Complaint Handling Mechanism on HRC working group on communication comprises -five individual from five geography region, elected by Govt. for 3 years, meets twice a year for a period of five working days to assess the admissibility of the communications. All admissible communications and recommendations are transmitted to the working group on situations.Working group on situations -five members appointed by the regional state groups- for a period of one year on the basis of communications sent by the working group on communications present the council with a report on consistent pattern of HR violations and makes recommendations to the council on the course of action to take.
18 Universal Periodic Review (UPR) Through the process of UPR, review UN Member States HRs records once every four years. The process of UPR based on equal treatment for all countries. It provides an opportunity for all States to declare what actions they have taken to improve the human rights situations in their countries and to overcome challenges to the enjoyment of human rights.The UPR also includes a sharing of best human rights practices around the globe.
19 The Review Modality of HRs Situations in UPR . The Report submitted by every state on HRs situationsThe Report prepared by Treaty mechanismThe Information / report submitted by UN Special organizationsThe report prepared by OHCHRThe Report submitted by NHRIsThe Report prepared and submitted by NGOs/CBOs with cooperation by OHCHR
20 Special Procedures developed by HRC Appointed Special Rapporteur for thematic issues on HRsRepresentative of Secretary General for observation/ Cooperation of overall of States situationsAppointment of Working Groups of Independent expert comprising 5 members on thematic or country specific observation mandateDeploying the Fact Finding MissionDeploying 33 Special Rapporteur on different thematic IssuesWorking 8 Country specific monitoring MissionThe OHCHR will support for human resource and others logistic for it.
21 The Functions/Power of HRC Monitoring and Analysis of concerning themes of HRs situationsAnalyzing the over all report of state visitAdvice to the state and other concerning stakeholders for fulfilling their responsibilityTo address the complaint against the state and demand the state responseAdvocacy on the behalf of victims rights and facilitate the state for improving situations of HRs
22 Regional System on Human Rights Interstate Mechanism , two or more stateRegional Mechanism , Continental based Human Rights systemEuropean Human Rights Courts and CommissionInter-American Human Rights CommissionInter-American Human Rights CourtAfrican Courts of Human RightsAfrican Commission on Human and People RightsEast Asian Inter-governmental Commission on Human RightsSAARC, ASIAN, Arab League, European Union, European Council, etc.
23 International System on Human Rights International HRs InstrumentsTreaty BodySpecial ProcedureUniversal Periodic ReviewOHCHR/ UN SystemUN Charter UDHROHCHROthers Instruments, ILO, Geneva Conventions,यूएनसीटीThe UN Charter and Universal Declaration of Human Rights (UDHR) are the foundation upon which the main bulk of the international human rights normative framework has been built. This framework comprises the international human rights treaties as well as some other international conventions, such as the Geneva Conventions and ILO Conventions.This has led to the establishment of UN human rights mechanisms, including General Assembly (GA), the Human Rights Council (HRC) and its special procedures that replaced the Commission on Human Rights, and treaty bodies. The HRC is now the main UN organ in charge of promoting and protecting human rights. The HRC consists of forty-seven Member States of the United Nations.The purpose of this international endeavour is to secure rights to people living within countries, and to back up national-level protection and promotion by introducing those guaranteed human rights in Constitutions, laws and regulations as well as regional human rights mechanisms. There is not yet a regional mechanism in the Asia-Pacific region.Once a constitutional and legislative framework is consistent with international human rights instruments, the next challenge is for the Court system to guarantee the protection of human rights by sanctioning the effective implementation of the law. In this exercise, the Courts may also directly refer to the international human rights obligations of the Country. A good example is the Supreme Court of India which has repeatedly drawn sustenance from the recognition of provisions of ICESCR while interpreting legislation or while considering challenges to the validity of enacted law. Another reflection of this linkage between the international and national level is to be found in the increasing role of national human rights institutions.The UN system is providing technical support at different level. OHCHR, as part of the Secretariat responsible for human rights, provides support to UN treaty bodies, the HRC and its special procedures. UN agencies also contribute to the work of the UN human rights mechanisms. At the regional and national level, the UN also supports the strengthening of national human rights protection mechanisms. OHCHR also supports UNCTs through the deployment of field presences or by providing technical and substantive support from Geneva.
24 Seven Core International Human Rights Treaties: 1) International Covenant on Civil and Political Rights (ICCPR), 1966 and its two Optional Protocols on the Right of Individual Communications and on the Death Penalty2) International Covenant on Economic, Social and Cultural Rights (ICESCR), 1966 Convention on the Elimination of all forms of Racial Discrimination (CERD), 19663) Convention on the Elimination of all forms of Discrimination Against Women (CEDAW), 1979 and its Optional Protocol on the Right of Individual or Group Communications4) Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), 19845) Convention on the Rights of the Child (CRC) 1989 and its two Optional Protocols on Sale of Children, Child Prostitution and Child Pornography and on Involvement of Children in Armed Conflicts6) Convention on the Protection of All Migrant Workers and Members of their Families (ICPMW).7 Optional Protocols. There are three categories of optional protocols:1) Those establishing individual complaint mechanisms allowing individuals or group to fill a complaint to the relevant committee in relation to the violation of a provision of the relevant provision, e.g., OP to CEDAW and OP1 of the ICCPR.2) Those addressing issues not covered by the convention itself: OPs 1 and 2 of the CRC on child pornography, and children in armed conflict; and OP 2 on death penalty (ICCPR)2) Those establishing a mechanism of national protection, such as the OP to CAT establishing a sub-committee of experts: Sub-committee on the Prevention of Torture (similar composition than other UN treaty Bodies) with a twofold objectives: (1) conducting mission to inspect places of detention (last December the SPT visited the Maldives) and producing confidential report and (2) advocate for the establishment of national preventive mechanism of torture. last December, the Human Rights Commission of Maldives was appointed national preventive mechanism.In June 2008, the Human Rights Council adopted an optional protocol (individual complaints) to the ICESCR. It is expected to get a final approval by the General Assembly.The Government of Maldives has acceded to 6 of the 7 main human rights conventions and 5 of the 6 Optional Protocols. It has not acceded to the ICPMW and OP 2 of ICCPR (Death Penalty)Two new conventions (1) on rights of persons affected by disabilities and (2) on disappearances have been adopted by the General assembly in 2006.
25 UN Treaty Mechanism on HRs The United Nations' treaty-based human rights system includes legal procedures through which members of minorities can seek protection of their rights.There are nine major, legally binding international human rights treaties within the UN human rights system that deal with a broad range of human rightsEach of these treaties has a committee that monitors the way in which States Parties are fulfilling their human rights obligations under the respective treaty.The committees, also known as treaty bodies, vary in size from 10 to 23 members and are composed of international human rights experts.Committee members serve for four-year terms and, although they are elected by the States Parties, they serve in their personal capacity and not as representatives of their governments.
26 Contd.Members generally do not take part in deliberations concerning their own country.The committees meet for several weeks each year, usually in Geneva. But the CEDAW Committee Meets in New York; and the HRs Committee meets once in New York and twice in Geneva each year.There are two ways in which the committees monitor a State Party’s implementation of its treaty obligations.The first is by considering reports submitted periodically by governments on their implementation of the treaties.States Parties are legally obliged to submit these reports, which inform the supervisory body about actions the State has taken to implement its obligations under the particular treaty, both through legislation and by other means.
27 Contd.The committees also monitor treaty compliance by considering complaints, generally called “communications”, made by individuals that their rights under a particular treaty have been violated.Many of the treaty bodies adopt General Comments or Recommendations that interpret or elaborate treaty provisions. Several of the treaty bodies also hold general discussion days on particular themes or on the content of treaty provisions.treaties are backed by the norms regulating international law and are therefore legally binding.International legal instruments take the form of a treaty (also called agreement, convention, protocol) which may be binding on the contracting statesWhen negotiations are completed, the text of a treaty is established as authentic and definitive and is "signed" to that effect by the representatives of states. There are various means by which a state expresses its consent to be bound by a treaty
28 Treaty Ratification Process When negotiations are completed, the text of a treaty is established as authentic and definitive and is "signed" to that effect by the representatives of states.There are various means by which a state expresses its consent to be bound by a treatyThe most common are ratification or accession.A new treaty is "ratified" by those states who have negotiated the instrument.A state which has not participated in the negotiations may, at a later stage, "accede" to the treaty.The treaty enters into force when a pre-determined number of states have ratified or acceded to the
29 The HRs CommitteeThe Human Rights Committee (HRC) monitors the implementation of the ICCPRThe members composed of 18 independent experts of recognized competence in the field of human rights,The Committee was established when the Covenant entered into force in 1976.The First Optional Protocol, which entered into force together with the Covenant, authorizes the Committee to consider also allegations from individuals concerning violations of their civil and political rights.The Committee is also concerned with the Second Optional Protocol on the Abolition of the Death Penalty.
30 The ESCR CommitteeThe Committee on ESCR monitors the International Covenant on ESCRIt composed of 18 internationally recognized independent experts in the relevant fields,The Committee was established by the Economic and Social Council in 1985, nine years after the Covenant entered into force.Unlike the other committees, whose members are elected by the States parties to the respective convention and report to the General Assembly, the members of the Committee on Economic, Social and Cultural Rights are elected by ECOSOC, to which they report.
31 The CEDAW CommitteeThe United Nations Committee on the Elimination of Discrimination against Women (CEDAW), an expert body established in 1982, is composed of 23 experts on women's issues from around the world.The Committee reviews national reports submitted by the States parties within one year of ratification or accession, and thereafter every four years.These reports, which cover national action taken to improve the situation of women, are presented to the Committee by Government representatives.The CEDAW experts comment on the report and obtain additional information. This procedure of actual dialogue, developed by the Committee, has proven valuable because it allows for an exchange of views and a clearer analysis of anti-discrimination policies in the various countries.