1. Ensuring the Protection & Promotion of Human Rights Harkristuti Harkrisnowo Sentra Ham Fakultas Hukum Universitas Indonesia

2. 2@copyrights harkrisnowo 2006 International Human Rights Law A great number of international human rights treaties and other instruments have been adopted by the United Nations and accepted by States since 1945. A great number of international human rights treaties and other instruments have been adopted by the United Nations and accepted by States since 1945. Other instruments have been adopted at a regional level, reflecting the particular human rights concerns of the region. Other instruments have been adopted at a regional level, reflecting the particular human rights concerns of the region. Every State's domestic constitution or other laws also formally protect basic human rights. Every State's domestic constitution or other laws also formally protect basic human rights. In many States, the language used to proclaim human rights has been drawn directly from international instruments. In many States, the language used to proclaim human rights has been drawn directly from international instruments.

3. 3@copyrights harkrisnowo 2006 Treaty: its legal effect in a country's domestic law depends on the State's legal system. In some countries, treaties are "self-executing" and are considered to be superior to domestic legislation and even the constitution. In other States, treaties may prevail over domestic law but not over the constitution. In yet other States, a treaty will have no domestic legal effect unless it is formally incorporated into domestic law by the appropriate legislative process. Whatever a treaty's status may be domestically, a State is legally bound to observe its provisions at the international level. Treaty: its legal effect in a country's domestic law depends on the State's legal system. In some countries, treaties are "self-executing" and are considered to be superior to domestic legislation and even the constitution. In other States, treaties may prevail over domestic law but not over the constitution. In yet other States, a treaty will have no domestic legal effect unless it is formally incorporated into domestic law by the appropriate legislative process. Whatever a treaty's status may be domestically, a State is legally bound to observe its provisions at the international level.

4. 4@copyrights harkrisnowo 2006 Customary international law Customary international law a widely accepted practice followed by States which derives from a sense of legal obligation. Because customary law is, by definition, not found by looking at a text, there is a great deal of disagreement over its exact content. a widely accepted practice followed by States which derives from a sense of legal obligation. Because customary law is, by definition, not found by looking at a text, there is a great deal of disagreement over its exact content. However, most people today would agree that, at a minimum, the following human rights norms have become part of customary law: prohibition against genocide, prohibition against slavery, prohibition against torture and prohibition against systematic racial discrimination (such as apartheid). However, most people today would agree that, at a minimum, the following human rights norms have become part of customary law: prohibition against genocide, prohibition against slavery, prohibition against torture and prohibition against systematic racial discrimination (such as apartheid). Customary law is binding on all States (except those that may have objected to it during its formation), whether or not they have ratified any relevant treaty. Customary law is binding on all States (except those that may have objected to it during its formation), whether or not they have ratified any relevant treaty.

5. 5@copyrights harkrisnowo 2006 Declarations and resolutions adopted by UN organs Neither the UN General Assembly nor other UN bodies have the authority to create rules of law that are legally binding on States. Neither the UN General Assembly nor other UN bodies have the authority to create rules of law that are legally binding on States. But they have adopted a wide range of declarations, proclamations, recommendations, guidelines, and principles, which represent important political and moral commitments by States that may influence their conduct of international relations. But they have adopted a wide range of declarations, proclamations, recommendations, guidelines, and principles, which represent important political and moral commitments by States that may influence their conduct of international relations.

6. 6@copyrights harkrisnowo 2006 State Obligations to Respect, Protect and Fulfill Human Rights The obligation to respect rights requires states to refrain from any action that would interfere with citizens' enjoyment of their rights; including actions people take in efforts to realize their rights. The obligation to respect rights requires states to refrain from any action that would interfere with citizens' enjoyment of their rights; including actions people take in efforts to realize their rights. The obligation to protect rights requires states to take action to prevent violations of human rights by others. This obligation involves encouraging individuals and organizations to respect the rights of others, as well as imposing sanctions for violations that are committed by private individuals or organizations. The obligation to protect rights requires states to take action to prevent violations of human rights by others. This obligation involves encouraging individuals and organizations to respect the rights of others, as well as imposing sanctions for violations that are committed by private individuals or organizations. The obligation to fulfill rights requires states to take action to achieve the full realization of rights. These actions can include enacting laws, implementing budgetary and economic measures, or enhancing the functioning of judicial bodies and administrative agencies. Human rights laws also need to be enforced by judges who have adequate training and are supported by sufficient court staff. Other institutions, such as human rights commissions, an ombudsman, or a parliamentary commissioner, may also be established to resolve human rights conflicts.( The obligation to fulfill rights requires states to take action to achieve the full realization of rights. These actions can include enacting laws, implementing budgetary and economic measures, or enhancing the functioning of judicial bodies and administrative agencies. Human rights laws also need to be enforced by judges who have adequate training and are supported by sufficient court staff. Other institutions, such as human rights commissions, an ombudsman, or a parliamentary commissioner, may also be established to resolve human rights conflicts.((

7. 7@copyrights harkrisnowo 2006 In addition…. In March 1999 The General Assembly adopted the following Resolution: In March 1999 The General Assembly adopted the following Resolution: Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms which stipulates, among others, the following: which stipulates, among others, the following:

8. 8@copyrights harkrisnowo 2006 Article 1: Everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels. Article 2 1. Each State has a prime responsibility and duty to protect, promote and implement all human rights and fundamental freedoms, inter alia, by adopting such steps as may be necessary to create all conditions necessary in the social, economic, political and other fields, as well as the legal guarantees required to ensure that all persons under its jurisdiction, individually and in association with others, are able to enjoy all those rights and freedoms in practice. 2. Each State shall adopt such legislative, administrative and other steps as may be necessary to ensure that the rights and freedoms referred to in the present Declaration are effectively guaranteed.

9. 9@copyrights harkrisnowo 2006 Article 3 Domestic law consistent with the Charter of the United Nations and other international obligations of the State in the field of human rights and fundamental freedoms is the juridical framework within which human rights and fundamental freedoms should be implemented and enjoyed and within which all activities referred to in the present Declaration for the promotion, protection and effective realization of those rights and freedoms should be conducted.

10. 10@copyrights harkrisnowo 2006 National level implementation Who are the duty bearers? State (executive, legislative, judiciary) State (executive, legislative, judiciary) International organization International organization Non Governmental Organization (NGO) Non Governmental Organization (NGO) Transnational Corporations Transnational Corporations Civil society Civil society  National Human Rights Commission  National Human Rights Commission

11. 11@copyrights harkrisnowo 2006 The National Human Rights Commission Established only in some countries, based on the Paris Principle: Established only in some countries, based on the Paris Principle: In regard to its structure, it is recommended that they should: In regard to its structure, it is recommended that they should: (a) Be so designed as to reflect in their composition, wide cross-sections of the nation, thereby bringing all parts of that population into the decision-making process in regard to human rights; (a) Be so designed as to reflect in their composition, wide cross-sections of the nation, thereby bringing all parts of that population into the decision-making process in regard to human rights; (b) Function regularly, and that immediate access to them should be available to any member of the public or any public authority; (c) In appropriate cases, have local or regional advisory organs to assist

12. 12@copyrights harkrisnowo 2006 Functions of the NHRC…. 1. To act as a source of human rights information for the Government and people of the country; 2. To assist in educating public opinion and promoting awareness and respect for human rights; 3. To consider, deliberate upon, and make recommendations regarding any particular state of affairs that may exist nationally and that the Government may wish to refer to them; 4. To advise on any questions regarding human rights matters referred to them by the Government; 4. To advise on any questions regarding human rights matters referred to them by the Government; 5. To study and keep under review the status of legislation, judicial decisions and administrative arrangements for the promotion of human rights, and to prepare and submit reports on these matters to the appropriate authorities; 5. To study and keep under review the status of legislation, judicial decisions and administrative arrangements for the promotion of human rights, and to prepare and submit reports on these matters to the appropriate authorities; 6. To perform any other function which the Government may wish to assign to them in connection with the duties of that State under those international agreements in the field of human rights to which it is party.

13. 13@copyrights harkrisnowo 2006 NHRC’ s problems… Do not have the authority to issue a legally binding power decision Do not have the authority to issue a legally binding power decision Many recommendations are not followed up by the institutions targeted Many recommendations are not followed up by the institutions targeted Lack of adequate resources (particularly in terms of funding and expertise on investigation, mediation and the like) Lack of adequate resources (particularly in terms of funding and expertise on investigation, mediation and the like) Subject to intervention by the State Subject to intervention by the State Selective attention to media-covered issues or high profile cases Selective attention to media-covered issues or high profile cases

14. 14@copyrights harkrisnowo 2006 International level… United Nations United Nations Other International Organizations Other International Organizations Regional organizations Regional organizations

15. 15@copyrights harkrisnowo 2006 Workings at the international level Norm-setting Norm-setting Monitoring through: Monitoring through: Examination of state reports Examination of state reports Receiving communications through complaint mechanism (individual/interstate) Receiving communications through complaint mechanism (individual/interstate) Fact-finding based on communications Fact-finding based on communications Submitting report and Submitting report and Recommending measures Recommending measures

16. 16@copyrights harkrisnowo 2006 … and for gross violation of human rights: criminal prosecution: Mostly via international prosecution : extraterritorial jurisdiction instead of territorial jurisdiction Mostly via international prosecution : extraterritorial jurisdiction instead of territorial jurisdiction Role & authority of Security Council Role & authority of Security Council Customary nature of International Criminal Law Customary nature of International Criminal Law Reparations for persons erroneously prosecuted: unresolved Reparations for persons erroneously prosecuted: unresolved

17. 17@copyrights harkrisnowo 2006 Human Rights Instruments… Differ in their legal status. Differ in their legal status. For example, declarations, principles, guidelines, standard rules and recommendations do not need to be ratified and do not impose binding legal responsibilities on states that agree to them. At minimum, they have moral force and indicate widely accepted principles of the international community. In fact, some are considered to be customary international law. For example, declarations, principles, guidelines, standard rules and recommendations do not need to be ratified and do not impose binding legal responsibilities on states that agree to them. At minimum, they have moral force and indicate widely accepted principles of the international community. In fact, some are considered to be customary international law. But international treaties (covenants, protocols and conventions), are legally binding. States that ratify or accede to them promise to abide by and fulfill the duties set out in the agreement. But international treaties (covenants, protocols and conventions), are legally binding. States that ratify or accede to them promise to abide by and fulfill the duties set out in the agreement.

18. The United Nations Human Rights Organizational Structure

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20. 20@copyrights harkrisnowo 2006 If a human rights violation is alleged to be committed…. Unlike violation of law, violation of human rights are not automatically be processed legally Unlike violation of law, violation of human rights are not automatically be processed legally Various mechanism, some of the are quasi judicial, other judicial, but the majority is non judicial Various mechanism, some of the are quasi judicial, other judicial, but the majority is non judicial Processing of complaint depends on the magnitude of the violation, victim’s knowledge, and the availability of mechanism Processing of complaint depends on the magnitude of the violation, victim’s knowledge, and the availability of mechanism

21. 21@copyrights harkrisnowo 2006 United Nations Mechanisms Charter bodies Charter bodies Commission on Human Rights (CHR) Commission on Human Rights (CHR) Special procedures of the Commission on Human Rights Special procedures of the Commission on Human Rights Sub-Commission for the Promotion and Protection of Human Rights Sub-Commission for the Promotion and Protection of Human Rights Seven Treaty bodies Human Rights Committee (HRC) Human Rights Committee (HRC) Committee on Economic, Social and Cultural Rights (CESCR) Committee on Economic, Social and Cultural Rights (CESCR) Committee on the Elimination of Racial Discrimination (CERD) Committee on the Elimination of Racial Discrimination (CERD) Committee on the Elimination of Discrimination Against Women (CEDAW) Committee on the Elimination of Discrimination Against Women (CEDAW) Committee Against Torture (CAT) Committee Against Torture (CAT) Committee on the Rights of the Child (CRC) Committee on the Rights of the Child (CRC) Committee on Migrant Workers (CMW) Committee on Migrant Workers (CMW)

22. 22@copyrights harkrisnowo 2006 TREATY TREATY SUPERVISORY BODY # of MEMBERS ICCPR Human Rights Committee 18 members ICESCR Committee on Economic, Social and Cultural Rights 18 members CERD Committee on the Elimination of Racial Discrimination 18 members CRC Committee on the Rights of the Child 10 members CEDAW Committee on the Elimination of Discrimination Against Women 23 members CAT Committee against Torture 10 members CMW Committee on Migrant Workers 10 members Treaty-based…

23. 23@copyrights harkrisnowo 2006 TYPE OF INSTRUMENT NAME OF INSTRUMENT POSSIBLE ACTION ON VIOLATIONS Legally-binding Legally-binding Equipped With Equipped With A Complain A Complain Mechanism Mechanism ICCPR ICCPR CERD CERD CEDAW CEDAW CAT CAT Decisions On Formal Decisions On Formal Complaints Or Complaints Or Communications By A Communications By A Treaty Body Treaty Body Comment On Or Criticism Of Comment On Or Criticism Of A State's Periodic Report A State's Periodic Report International Instrument & Mechanism I

24. 24@copyrights harkrisnowo 2006 TYPE OF INSTRUMENT NAME OF INSTRUMENT POSSIBLE ACTION ON VIOLATIONS Legally-binding Without complaints mechanism ICESCR ICESCR CRC CRC Comment on or criticism of a State's periodic report International Instrument & Mechanism II

25. 25@copyrights harkrisnowo 2006 TYPE OF INSTRUMENT NAME OF INSTRUMENT POSSIBLE ACTION ON VIOLATIONS Not legally- binding (only morally or politically) UDHR UDHR Declaration Declaration Basic Principles Basic Principles Standard Minimum Rules Standard Minimum Rules Public criticism by UN Public criticism by UN bodies of violations in bodies of violations in specific states specific states Discussion of issues of Discussion of issues of concern concern Development of new Development of new principles, guidelines, etc., principles, guidelines, etc., in order to influence State in order to influence State conduct conduct International Instrument & Mechanism III

26. 26@copyrights harkrisnowo 2006 Non-conventional mechanism United Nations Special Rapporteurs, United Nations Special Rapporteurs, Representatives, Representatives, Experts and Experts and Working groups, for example… Working groups, for example…

27. 27@copyrights harkrisnowo 2006 Special Rapporteurs… Summary or Arbitrary Executions Summary or Arbitrary Executions Torture Torture Violence against Women Violence against Women Independence of the Judiciary Independence of the Judiciary Racism Racism Freedom of Opinion and Expression Freedom of Opinion and Expression Internally Displaced Persons Internally Displaced Persons Various Country Rapporteurs Various Country Rapporteurs Human Rights and Human Genome Human Rights and Human Genome Working groups: Enforced Disappearance Working groups: Enforced Disappearance

28. 28@copyrights harkrisnowo 2006 Whose mandates are …….. To conduct general studies and analysis on issues that fall within their mandates To conduct general studies and analysis on issues that fall within their mandates To make general recommendations on how to prevent human rights violations and remedy the consequences To make general recommendations on how to prevent human rights violations and remedy the consequences To receive communications (i.e. allegations about the violation of an individual’s human rights, made by individuals, governments, NGOs etc.) To receive communications (i.e. allegations about the violation of an individual’s human rights, made by individuals, governments, NGOs etc.) To conduct communications with governments if an allegation is considered as credible and falls within its mandate To conduct communications with governments if an allegation is considered as credible and falls within its mandate To conduct country visits to study a specific situation in a country, depending upon the acceptance of the government concerned To conduct country visits to study a specific situation in a country, depending upon the acceptance of the government concerned To submit an annual reports to HRC To submit an annual reports to HRC

29. 29@copyrights harkrisnowo 2006 The 1503 Procedure As a confidential procedure this is adopted by ECOSOC in 1970 as Procedure for Dealing with Communications relating to Violations of Human Rights and Fundamental Freedoms (reformed during the 65 th session of HRC in 2000) As a confidential procedure this is adopted by ECOSOC in 1970 as Procedure for Dealing with Communications relating to Violations of Human Rights and Fundamental Freedoms (reformed during the 65 th session of HRC in 2000) Complaints may be made against any country, even if it is not a member of the UN Complaints may be made against any country, even if it is not a member of the UN A Working Group on Communication is designated on a yearly basis by Sub-Commission on the Promotion and Protection of Human Rights A Working Group on Communication is designated on a yearly basis by Sub-Commission on the Promotion and Protection of Human Rights

30. 30@copyrights harkrisnowo 2006 All initial steps in the process are confidential until a situation is referred to the Economic and Social Council. All initial steps in the process are confidential until a situation is referred to the Economic and Social Council. Since 1978, however, the Chairperson of the Commission on Human Rights has announced the names of countries that have been under examination. Thus, if a pattern of abuses in a particular country remains unresolved in the early stages of the process, it can be brought to the attention of the world community through the Economic and Social Council - one of the principal bodies of the United Nations. Since 1978, however, the Chairperson of the Commission on Human Rights has announced the names of countries that have been under examination. Thus, if a pattern of abuses in a particular country remains unresolved in the early stages of the process, it can be brought to the attention of the world community through the Economic and Social Council - one of the principal bodies of the United Nations.

31. 31@copyrights harkrisnowo 2006 Criteria for a communication to be accepted for examination It does not run counter to the principles of the Charter of the United Nations or appears to be politically motivated. It does not run counter to the principles of the Charter of the United Nations or appears to be politically motivated. There are reasonable grounds to believe - also taking into account any replies sent by the Government concerned - that a consistent pattern of gross and reliably attested violations of human rights and fundamental freedoms exists. There are reasonable grounds to believe - also taking into account any replies sent by the Government concerned - that a consistent pattern of gross and reliably attested violations of human rights and fundamental freedoms exists. Submitted by individuals or groups who claim to be victims of human rights violations or who have direct, reliable knowledge of violations. Anonymous or media-based communications are inadmissible. Submitted by individuals or groups who claim to be victims of human rights violations or who have direct, reliable knowledge of violations. Anonymous or media-based communications are inadmissible.

32. 32@copyrights harkrisnowo 2006 Each communication must describe the facts, the purpose of the petition and the rights that have been violated. Communications containing abusive language or insulting remarks about the State against which the complaint is directed will not be considered. Each communication must describe the facts, the purpose of the petition and the rights that have been violated. Communications containing abusive language or insulting remarks about the State against which the complaint is directed will not be considered. Domestic remedies must have been exhausted before a communication is considered - unless it can be shown convincingly that solutions at the national level would be ineffective or that they would extend over an unreasonable length of time. Domestic remedies must have been exhausted before a communication is considered - unless it can be shown convincingly that solutions at the national level would be ineffective or that they would extend over an unreasonable length of time.

33. REGIONAL INSTRUMENTS INSTRUMENT POSSIBLE ACTIONS European Convention on Human Rights Three institutions were entrusted with this responsibility: the European Commission of Human Rights (set up in ’54), the European Commission of Human Rights (set up in ’54), the European Court of Human Rights (set up in 1959). the European Court of Human Rights (set up in 1959). the Committee of Ministers of the Council of Europe, composed of the Ministers of Foreign Affairs of the member States or their representatives. the Committee of Ministers of the Council of Europe, composed of the Ministers of Foreign Affairs of the member States or their representatives. Complaints could be filed by individual, group of individual or other Contracting State, against a Contracting State Complaints could be filed by individual, group of individual or other Contracting State, against a Contracting State European Framework Convention for the Protection of National Minorities Periodic state reports filed by parties; conclusions and recommendations adopted by Council of Europe, Council of Ministers, based on opinions submitted to it by an Advisory Committee. The Advisory Committee usually conducts an on-site mission and consults with non-governmental groups and others when it considers State reports; all actions are normally made public. European Charter for Regional or Minority Languages A Committee of Experts examines periodic reports submitted by State parties and prepares a report and proposals for recommendations which are submitted to the Council of Ministers.

34. 34@copyrights harkrisnowo 2006 American Convention on Human Rights Formal complaints first considered by Inter- American Commission on Human Rights, which may issue public report with recommendations; for those States that have accepted its jurisdiction, there is a possible appeal to the Inter-American Court of Human Rights for a legally binding judgment. A complaint may brought by one State against another, but only if both have accepted this optional inter-State jurisdiction. The Court also has the power to give Advisory Opinions, if requested to do so by a State Party or the Commission. Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social & Cultural Rights "Protocol of San Salvador" Right of petition to the Inter-American Commission on Human Rights for alleged violation of trade union or education rights, as set forth in the Additional Protocol. Charter of the Organization of American States and Declaration on the Rights and Duties of Man Charter of the Organization of American States and Declaration on the Rights and Duties of Man The Inter-American Commission on Human Rights may prepare country reports on the human rights situation in any OAS member State or may investigate and adopt a report and recommendations based on an individual petition filed with respect to any OAS member State.

35. 35@copyrights harkrisnowo 2006 Basic Documents in The Inter-American System American Declaration Of The Rights And Duties Of Man American Declaration Of The Rights And Duties Of Man American Convention On Human Rights American Convention On Human Rights Additional Protocol To The American Convention On Human Rights In The Area Of Economic, Social And Cultural Rights "Protocol Of San Salvador" Additional Protocol To The American Convention On Human Rights In The Area Of Economic, Social And Cultural Rights "Protocol Of San Salvador" Protocol To The American Convention On Human Rights To Abolish Death Penalty Protocol To The American Convention On Human Rights To Abolish Death Penalty Inter-American Convention To Prevent And Punish Torture Inter-American Convention To Prevent And Punish Torture Inter-American Convention On Forced Disappearance Of Persons Inter-American Convention On Forced Disappearance Of Persons Inter-American Convention On The Prevention, Punishment And Eradication Of Violence Against Women Inter-American Convention On The Prevention, Punishment And Eradication Of Violence Against Women Inter-American Convention On The Elimination Of All Forms Of Discrimination Against Person With Disabilities Inter-American Convention On The Elimination Of All Forms Of Discrimination Against Person With Disabilities Statute Of The Inter-American Commission On Human Rights Statute Of The Inter-American Commission On Human Rights Rules Of Procedure Of The Inter-American Commission On Human Rights Rules Of Procedure Of The Inter-American Commission On Human Rights Statute Of The Inter-American Court On Human Rights Statute Of The Inter-American Court On Human Rights Rules Of Procedure Of The Inter-American Court On Human Rights Rules Of Procedure Of The Inter-American Court On Human Rights Declaration Of Principles On Freedom Of Expression Declaration Of Principles On Freedom Of Expression Charter Of The Organization Of American States Charter Of The Organization Of American States Inter-American Democratic Charter Inter-American Democratic Charter

36. 36@copyrights harkrisnowo 2006 African Charter on Human and Peoples  Rights Individual petitions may be considered confidentially by the African Commission on Human and Peoples' Rights, which may eventually make its decisions and recommendations public. The Commission also can decide to refer to the OAU Assembly of Heads of State and Government communications relating to "special cases which reveal the existence of a series of serious or massive violations of human and peoples' rights". The Commission considers periodic reports from States in public. NGOs recognized as "Observers may be invited specially to be present at closed sessions dealing with issues of particular interest to them." Protocol to the African Charter on Human and Peoples’ Rights` establishing and African Court on Human and Peoples' Rights After it is ratified by 15 States, the 1998 Protocol will create an African Court on Human and Peoples’ Rights, which will have the authority to issue legally binding decisions on individual complaints. Not yet in force as of mid-2001.

37. 37@copyrights harkrisnowo 2006 Mandates of The African Commission on Human’s Rights & People’s Rights 1. the promotion of human and peoples' rights: To collect documents, undertake studies and researches on African problems in the field of human and peoples' rights, organize seminars, symposia and conferences, disseminate information, encourage national and local institutions concerned with human and peoples' rights and should the case arise, give its views or make recommendations to Governments; this is its information and educational function. To collect documents, undertake studies and researches on African problems in the field of human and peoples' rights, organize seminars, symposia and conferences, disseminate information, encourage national and local institutions concerned with human and peoples' rights and should the case arise, give its views or make recommendations to Governments; this is its information and educational function. To formulate and lay down principles and rules aimed at solving legal problems relating to human and peoples' rights and fundamental freedoms upon which African Governments may base their legislation. This is its "quasi legislative function". To formulate and lay down principles and rules aimed at solving legal problems relating to human and peoples' rights and fundamental freedoms upon which African Governments may base their legislation. This is its "quasi legislative function". To cooperate with other African or, International institutions concerned with the promotion and protection of human and peoples' rights. This is its institutional co-operation function. To cooperate with other African or, International institutions concerned with the promotion and protection of human and peoples' rights. This is its institutional co-operation function. To consider the periodic reports of States on the legislative or other measures adopted to give effect to the rights and freedoms recognized and guaranteed in the African Charter. To consider the periodic reports of States on the legislative or other measures adopted to give effect to the rights and freedoms recognized and guaranteed in the African Charter.

38. 38@copyrights harkrisnowo 2006 2. The protection of Human and People’s Rights Within the framework of its protective role, the Commission is charged with ensuring the protection of human and peoples' rights under the conditions laid down by the Charter and according to the rules provided for in the Rules of Procedure of the Commission. 3. The interpretation of the African Charter on Human and Peoples' Rights

39. 39@copyrights harkrisnowo 2006 The Judicial system… European Court of Human Rights European Court of Human Rights Inter-American Court of Human Rights Inter-American Court of Human Rights The International Court of Justice (International Criminal Court) The International Court of Justice (International Criminal Court) International Criminal Tribunal for the former Yugoslavia International Criminal Tribunal for the former Yugoslavia International Criminal Tribunal for Rwanda International Criminal Tribunal for Rwanda

40. 40@copyrights harkrisnowo 2006 Judicial v quasi-judicial mechanism Judicial Conducted by a Court/Tribunal Conducted by a Court/Tribunal Employing legal mechanism Employing legal mechanism Decision has a legal binding power Decision has a legal binding power Quasi-judicial Conducted by a Committee Does not employ legal mechanism Decision does not have strong legal binding power

41. 41@copyrights harkrisnowo 2006 ICTICC Based on UN Resolution Based in the Rome Statute Is not a permanent court Is a permanent court Usually an ex-post facto court Full recognition of non- retroactive principle Significant role of the Security Council Limited role of the Security Council International Criminal Tribunal v International Criminal Court