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Main Treaty Sources

international armed conflict are article 3common to the Geneva Conventionsand Additional Protocol II of 1977.

Conventions on Genocide(1948), Racial Discrimination(1965), Discrimination AgainstWomen (1979), Torture (1984)and Rights of the Child(1989). The main regionalinstruments are the EuropeanConvention for the Protection ofHuman Rights and FundamentalFreedoms (1950), the AmericanDeclaration of the Rights andDuties of Man (1948) andConvention on Human Rights(1969), and the African Charteron Human and Peoples' Rights(1981).

When are theyapplicable?

IHL is applicable in times of armedconflict, whether international or non-international. International conflicts arewars involving two or more states, andwars of liberation, regardless of whethera declaration of war has been made orwhether the parties involved recognizethat there is a state of war.Non-international armed conflicts arethose in which government forces arefighting against armed insurgents, orrebel groups are fighting amongthemselves. Because IHL deals with anexceptional situation – armed conflict – no derogations whatsoever from itsprovisions are permitted.

In principle, IHRL applies at alltimes, i.e. both in peacetime andin situations of armed conflict.However, some IHRLtreaties permit governments toderogate from certain rights insituations of public emergencythreatening the life of the nation.Derogations must, however, beproportional to the crisis athand, must not be introduced ona discriminatory basis and mustnot contravene other rules ofinternational law – includingrules of IHL.

Certain human rights are neverderogable. Among them are theright to life, prohibition oftorture or cruel, inhuman ordegrading treatment orpunishment, prohibition ofslavery and servitude and theprohibition of retroactivecriminal laws.

Who is bound bythese bodies of law?

IHL binds all actors to an armed conflict:in international conflicts it must beobserved by the states involved,whereas in internal conflict it binds thegovernment, as well the groups fightingagainst it or among them. Thus, IHL laysdown rules that are applicable to bothstate and non-state actors.

IHRL lays down rules bindinggovernments in their relationswith individuals. While there is agrowing body of opinionaccording to which non-stateactors – particularly if theyexercise government-likefunctions – must also beexpected to respect human

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rights norms, the issue remainsunsettled.

Who is protected?

IHL aims to protect persons who donot, or are no longer taking part inhostilities. Applicable in internationalarmed conflicts, the GenevaConventions deal with the treatment ofthe wounded and sick in the armedforces in the field (Convention I),wounded, sick and shipwreckedmembers of the armed forces at sea(Convention II), prisoners of war(Convention III) and civilian persons(Convention IV). Civilian personsinclude internally displaced persons,women, children, refugees, statelesspersons, journalists and other categoriesof individuals (Convention IV andProtocol I).

IHRL, being tailored primarily forpeacetime, applies to all persons.

SOURCE:http://www.ehl.icrc.org/images/resources/pdf/ihl_and_ihrl.pdf

Human rights:

Human rights are the rights a person has simply because he or she is a human being.

» the recognition and respect of peoples dignity» a set of moral and legal guidelines that promote and protect a recognition of our values, our

identity and ability to ensure an adequate standard of living» the basic standards by which we can identify and measure inequality and fairness» those rights associated with the Universal Declaration of Human

Rights. (http://www.hreoc.gov.au/education/hr_explained/1_defining.html)» Human rights are held by all persons equally, universally, and forever.» Inalienable: cannot be transferred from one person to another. (liberty or speech)» Indivisible: "incapable of being divided, in reality or thought"» interdependent : all human rights are part of a complementary framework. For example, your

ability to participate in your government is directly affected by your right to express yourself, toget an education, and even to obtain the necessities of life.

» Another definition for human rights is those basic standards without which people cannot live indignity. To violate someone’s human rights is to treat that pe rson as though she or he were nota human being. To advocate human rights is to demand that the human dignity of all people berespected.

» In claiming these human rights, everyone also accepts the responsibility not to infringe on therights of others and to support those whose rights are abused or denied.

In modern international law of human rights, individuals are protected without regards to their status asnationals or aliens.

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HISTORY OF HUMAN RIGHTS

The Cyrus Cylinder (539 B.C.)In 539 B.C., the armies of Cyrus the Great, the first king of ancient Persia, conquered the city ofBabylon. But it was his next actions that marked a major advance for Man. He freed the slaves, declaredthat all people had the right to choose their own religion, and established racial equality. These and

other decrees were recorded on a baked-clay cylinder in the Akkadian language with cuneiform script.Known today as the Cyrus Cylinder, this ancient record has now been recognized as the world’s firstcharter of human rights. It is translated into all six official languages of the United Nations and itsprovisions parallel the first four Articles of the Universal Declaration of Human Rights.

The Spread of Human RightsFrom Babylon, the idea of human rights spread quickly to India, Greece and eventually Rome. There theconcept of “natural law” arose, in observation of the fact that people tended to follow certain unwrittenlaws in the course of life, and Roman law was based on rational ideas derived from the nature of things.

The Magna Carta (1215)The Magna Carta, or “Great Charter,” was arguably the most significant early influence on the extensivehistorical process that led to the rule of constitutional law today in the English-speaking world.

In 1215, after King John of England violated a number of ancient laws and customs by which England hadbeen governed, his subjects forced him to sign the Magna Carta, which enumerates what later came tobe thought of as human rights. Among them was the right of the church to be free from governmentalinterference, the rights of all free citizens to own and inherit property and to be protected fromexcessive taxes. It established the right of widows who owned property to choose not to remarry, andestablished principles of due process and equality before the law. It also contained provisions forbiddingbribery and official misconduct.

Widely viewed as one of the most important legal documents in the development of moderndemocracy, the Magna Carta was a crucial turning point in the struggle to establish freedom.

Petition of Right (1628)The next recorded milestone in the development of human rights was the Petition of Right, produced in1628 by the English Parliament and sent to Charles I as a statement of civil liberties. Refusal byParliament to finance the king’s unpopular foreign policy had caused his government to exact forcedloans and to quarter troops in subjects’ houses as an economy measure. Arbitrary arrest andimprisonment for opposing these policies had produced in Parliament a violent hostility to Charles andto George Villiers, the Duke of Buckingham. The Petition of Right, initiated by Sir Edward Coke, wasbased upon earlier statutes and charters and asserted four principles: (1) No taxes may be leviedwithout consent of Parliament, (2) No subject may be imprisoned without cause shown (reaffirmation ofthe right of habeas corpus), (3) No soldiers may be quartered upon the citizenry, and (4) Martial lawmay not be used in time of peace.

The Constitution of the United States of America (1787) and Bill of Rights (1791)

Written during the summer of 1787 in Philadelphia, the Constitution of the United States of America isthe fundamental law of the US federal system of government and the landmark document of theWestern world. It is the oldest written national constitution in use and defines the principal organs ofgovernment and their jurisdictions and the basic rights of citizens.

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which formerly governed them and which are inhabited by peoples not yet able to stand by themselvesunder the strenuous conditions of the modern world, there should be applied the principle that thewell-being and development of such peoples form a sacred trust of civilization and that securities for theforming of this trust should be embodied in this Covenant.

II. International Labor StandardsArticle 23 of the League of Nations Covenant concerned human rights in that it dealt, inter alia, withquestions relating to the “fair and humane conditions of labour for men, women and children.”

Subject to and in accordance with the provisions of international conventions existing or hereafter to beagreed upon, the Members of the League:

(a) will endeavor to secure and maintain fair and humane conditions of labour for men, women, andchildren, both in their own countries and in all countries to which their commercial and industrialrelations extend, and for that purpose will establish and maintain the necessary internationalorganizations;(b) Undertake to secure just treatment of the native inhabitants of territories under their control;(c) Will entrust the League with the general supervision over the execution of agreements with regardto the traffic in women and children, and the traffic in opium and other dangerous drugs;(d) Will entrust the League with the general supervision of the trade in arms and ammunition with thecountries in which the control of this traffic is necessary in the common interest;(e) Will make provision to secure and maintain freedom of communications and of transit and equitabletreatment for the commerce of all Members of the League. In this connection, the special necessities ofthe regions devastated during the war of 1914-1918 shall be borne in mind;(f) Will endeavor to take steps in matters of international concern for the prevention and control ofdisease.

The United Nations (1945)

World War II had raged from 1939 to 1945, and as the end drew near, cities throughout Europe and

Asia lay in smoldering ruins. Millions of people were dead, millions more were homeless or starving.Russian forces were closing in on the remnants of German resistance in Germany’s bombed -out capitalof Berlin. In the Pacific, US Marines were still battling entrenched Japanese forces on such islands asOkinawa.

In April 1945, delegates from fifty countries met in San Francisco full of optimism and hope. The goal ofthe United Nations Conference on International Organization was to fashion an international body topromote peace and prevent future wars. The ideals of the organization were stated in the preamble toits proposed charter: “We the peoples of the United Nations are determined to save succeedinggenerations from the scourge of war, which twice in our lifetime has brought untold sorrow tomankind.”

The Charter of the new United Nations organization went into effect on October 24, 1945, a date thatis celebrated each year as United Nations Day.

The Universal Declaration of Human Rights (1948)

By 1948, the United Nations’ new Human Rights Commission had captured the world’s attention.Under the dynamic chairmanship of Eleanor Roosevelt —President Franklin Roosevelt’s widow, a humanrights champion in her own right and the United States delegate to the UN — the Commission set out to

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draft the document that became the Universal Declaration of Human Rights. Roosevelt, credited with itsinspiration, referred to the Declaration as the international Magna Carta for all mankind. It was adoptedby the United Nations on December 10, 1948.

In its preamble and in Article 1, the Declaration unequivocally proclaims the inherent rights of all human

beings: “Disregard and contempt for human rights have resulted in barbarous acts which have outragedthe conscience of mankind, and the advent of a world in which human beings shall enjoy freedom ofspeech and belief and freedom from fear and want has been proclaimed as the highest aspiration of thecommon people...All human beings are born free and equal in dignity and rights.”

The Member States of the United Nations pledged to work together to promote the thirty Articles ofhuman rights that, for the first time in history, had been assembled and codified into a single document.In consequence, many of these rights, in various forms, are today part of the constitutional laws ofdemocratic nations.

State Responsibility for Injury to AliensTraditional international law recognized very early that states had an obligation to treat foreign nationalsin a manner that states had an obligation to treat foreign nationals in a manner that conformed tocertain minimum standards of civilization or justice. This obligation was deemed to be owed to the stateof the individual’s nationality because human beings as such did not have r ights under international law.Hence, when individuals were subjected by a foreign government to treatment that violatedinternational law, the state of their nationality was considered to have a cause of action underinternational law against the offending state. When damages were awarded, however the successful stateusually compensated its nationals for the damages they had sustained, although international law did notrequire such payment.

Disputes involving claims under the law of state responsibility for injuries to aliens were commonlyresolved through diplomatic negotiations between the governments concerned. Sometimes the failure ofthe offending state to comply with demands for satisfaction, usually the payment of compensation led tothe use of force.

Traditional Concepto State’s treatment of individuals in its territory was considered a domestic affair not a matter for

international lawo Exceptions include Roman recognition o f state’s obligation to aliens. o By the late, 19 th century, there were “minority ” treaties concluded by European governments

for protecting ethnic minorities.o The only clear early example of an internationalization of individual rights with respect to

slavery. Many countries abolished slavery in the 19 th slavery; the unacceptability of slaverybecame an international standard and slave trade became illegal.

o During the 17 th and 18 th centuries, the doctrines of humanitarian intervention and humanitarianrules of war emerged.

o Early Spanish school of international law was heavily engaged in the discussion on which rightsare to be accorded to every human being under any circumstances.

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human rights, on inter-personal and inter-group tolerance, and on the creation of national andlocal institutions capable of translating international human rights norms into reality.

HUMAN RIGHTS AND THE UNITED NATIONS

The International Human Rights that we have now is largely an offshoot of the phenomenon of the postWorld War II. International Human Rights developed due to the huge violations of human rightsexecuted during the Nazi era. In President Franklin Roosevelt’s famous speech entitled as “FourFreedoms” (1941), he argued that a world must be molded and built around freedom and he articulatedthese four freedoms as the freedom of speech and expression, freedom of every person to worshipGod in his own way, freedom from want and freedom from fear.

The Commission on Human Rights was established in 1946.

In 1948, the Universal Declaration of Human Rights was passed by the U.N. General Assembly. UNcontinued to promote and protect human rights and has drafted treaties for global adoption dealing withmany aspects of human rights. The Charter, Universal Declaration of Human Rights, InternationalCovenant on Civil and Political Rights (with Optional Protocol) and International Covenant onEconomic, Social and Cultural Rights form the “International Bill of Human Rights”.

UN Charter

UN Charter in 1945 was the first attempt to provide comprehensive protection for all individuals. It wasalso a departure from earlier treaties remedying the problems of particular abuses or particular groupsbecause it was the first attempt to provide comprehensive human rights protection for all individuals.The UN Charter was signed on June 26, 1945 at San Francisco War Memorial and Performing ArtsCenter located in San Francisco, United States. It is considered as a foundational treaty for the UnitedNations. 50 of the 51 original members signed it; Poland, on the other hand, has not been representedduring the conference for the UN Charter, after two months, Poland signed the Charter. It was onOctober 24, 1945 that the UN Charter has entered into force. Of course, this Charter has been ratifiedby majority of its signatories plus the five permanent members of UN – China, United States, UnitedKingdom, France and Russia.

Basically, as a charter it is considered as a constituent treaty and all its signatories/ members are boundby it. It was elucidated in the treaty; beforehand that duties and commitments to UN must come firstand dominate among all other treaties and obligations. Despite the fact that many countries have signedthe charter, Vatican is an exception because it chose to be just a permanent observer state that is why ithas not signed full the charter.

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The Charter consists of a preamble and a series of articles grouped into chapters .[1] The preamble consists of two principal parts. The first part containing a general call for themaintenance of peace and international security and respect for human rights. The second part ofthe preamble is a declaration in a contractual style that the governments of the peoples of theUnited Nations have agreed to the Charter.

Chapter I sets forth the purposes of the United Nations, including the important provisionsof the maintenance of international peace and security.

Chapter II defines the criteria for membership in the United Nations. Chapters III -XV , the bulk of the document, describes the organs and institutions of the UN

and their respective powers. Chapters XVI and Chapter XVII describes arrangements for integrating the UN with

established international law. Chapters XVIII and Chapter XIX provide for amendment and ratification of the Charter.

The following chapters deal with the enforcement powers of UN bodies: Chapter VI describes the Security Council' s power to investigate and mediate disputes; Chapter VII describes the Security Council's power to authorize economic, diplomatic, and

military sanctions, as well as the use of military force, to resolve disputes; Chapter VIII makes it possible for regional arrangements to maintain peace and security

within their own region; Chapters IX and Chapter X describe the UN's powers for economic and social

cooperation, and the Economic and Social Council that oversees these powers; Chapters XII and Chapter XIII describe the Trusteeship Council, which

oversaw decolonization; Chapters XIV and Chapter XV establishes the powers of, respectively, the International

Court of Justice and the United Nations Secretariat. Chapters XVI through Chapter XIX deal respectively with XVI: miscellaneous

provisions, XVII: transitional security arrangements related to World War II, XVIII: thecharter amendment process, and XIX: ratification of the charter.

1 Preamble-purposesTo end war, promote social progress, human rights, ensure international law, equality of men andwomen, nations, armed forces only used in the common interest; all members are sovereign andequal, need to fulfill obligations set out in the charter, must settle disputes with peaceful methods,assist the UN when called upon, UN is not required to interfere in domestic issues in any nation2-Membership- open to all peace-loving sates who agree to follow the charter, must berecommended by the SC and approved by the GA, rights suspended by the GA onrecommendation by the SC can be restored by the SC, and members who persistently violate theCharter can be expelled by GA on recommendation of the SC2- Organs- GA, SC, Economic and Social Council, Trusteeship Council, International Court of

Justice and Secretariat3- General Assembly- all members get 1 vote, can discuss any topic within the scope of the UN,

can refer matters/nations to the SC, can’t make recommendations unless requested to by the SC,Secretary-General will notify of any issues to maintenance of international peace, initiate studies,consider and approve the budget, 2/3rds vote for major issues involving international peace, SCmembers, ESC members, Trustee Members, new members to UN, expelling members, budget;after two years of not paying dues, member loses its vote

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understanding” with regards to human rights and fundamental freedoms and to serve “as acommon standard of achievement for all peoples and all nations”.

o The Declaration is a representation of the definition of human rights by the internationalcommunity.

o The legal significance of the declaration has been seen in the following approaches: (a) theconsistent dependence and reliance of UN on the Universal Declaration when applying thehuman rights provisions of the UN Charter compels the conclusion that the Declaration hascome to be accepted as an authoritative interpretation of these provisions; (b) the repeatedreliance on and resort to the Universal Declaration by governments and intergovernmentalorganizations the call state practice which is able to allow for the rise and breakthrough tocustomary international law; and (c) the international human rights contained in the UniversalDeclaration as being reflective of a dynamic modern aspect of the general principles of law.

o The Declaration is considered as a yardstick that measures the magnitude of respect for andcompliance with international human right standards. It has been the basic source for thepromotion and protection of human rights and fundamental freedoms.

Summary of Preamble The General Assembly recognizes that the inherent dignity and the equal and inalienable rights ofall members of the human family is the foundation of freedom, justice and peace in the world,human rights should be protected by the rule of law, friendly relations between nations must befostered, the peoples of the UN have affirmed their faith in human rights, the dignity and the worthof the human person, the equal rights of men and women and are determined to promote socialprogress, better standards of life and larger freedom and have promised to promote human rightsand a common understanding of these rights.A summary of the Universal Declaration of Human Rights

1 . Everyone is free and we should all be treated in the same way.2 . Everyone is equal despite differences in skin colour, sex, religion, language for example.3 . Everyone has the right to life and to live in freedom and safety.4 . No one has the right to treat you as a slave nor should you make anyone your slave.5 . No one has the right to hurt you or to torture you.6 . Everyone has the right to be treated equally by the law.7 . The law is the same for everyone, it should be applied in the same way to all.8 . Everyone has the right to ask for legal help when their rights are not respected.9 . No one has the right to imprison you unjustly or expel you from your own country.10 . Everyone has the right to a fair and public trial.11. Everyone should be considered innocent until guilt is proved.12. Everyone has the right to ask for help if someone tries to harm you, but no-one can enter

your home, open your letters or bother you or your family without a good reason.13. Everyone has the right to travel as they wish.14. Everyone has the right to go to another country and ask for protection if they are being

persecuted or are in danger of being persecuted.15. Everyone has the right to belong to a country. No one has the right to prevent you from

belonging to another country if you wish to.16. Everyone has the right to marry and have a family.17. Everyone has the right to own property and possessions.18. Everyone has the right to practice and observe all aspects of their own religion and change

their religion if they want to.19. Everyone has the right to say what they think and to give and receive information.20. Everyone has the right to take part in meetings and to join associations in a peaceful way.

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FUNDAMENTAL HUMAN RIGHTS

Right of People to Self Determinationo Self Determination is the right of people in a territory to decide the political and legal status ofthat territory

o UN Charter: The main provisions referring to self-determination are in Articles 1(2) promotionof equal rights and self-determination of peoples, 55 UN promotes solutions to internationaleconomic, social, health and related problems with a view on the creation of stability andfriendly relations, 73- UN members assume responsibility for the administration of non self-governing territories and 76(b).

o In 1960, the UN General Assembly adopted the Declaration on the Granting of Independenceto Colonial Countries and Peoples. The International Covenants on Civil and Political Rights andEconomic, Social and Cultural Rights also provided for the right of all peoples to self-determination.

Defining a “People” People contain both objective and subjective elements. o Objectively, it is as an ethnic group linked by a common history.o Subjectively, it is a group identifying itself as a “people” Rights of Indigenous People

o Indigenous peoples have asserted a right to self-determination to prevent their completeabsorption into states dominated by non-aboriginal populations.

o The rights of indigenous peoples present conflicts with respect to territorial claims, statesovereignty and traditional institutions.

o There is still much disagreement on the right of groups to secede, the reunification ofgroups in divided states and right of minorities to preserve separate identities within a state.

Prohibition of Slaveryo The widespread prohibition against slavery was an early development in the internationalization

of human rights.o In the 19 th century, major countries abolished slavery resulting in the development of an

international standard prohibiting slavery and outlawing slave trade.o Slavery Convention of 1926 and the 1957 were by-products of the anti-slavery movement.o The prohibition of slavery is a fundamental norm as a matter of customary international law

from which no derogation is permitted.Genocideo General Assembly adopted the 1948 Convention on the Prevention and Punishment of the

Crime of Genocide as a response to the atrocities of the Holocaust in WWII.

21. Everyone has the right to help choose and take part in the government of their country.22. Everyone has the right to social security and to opportunities to develop their skills.23. Everyone has the right to work for a fair wage in a safe environment and to join a trade

union.24. Everyone has the right to rest and leisure.25. Everyone has the right to an adequate standard of living and medical help if they are ill.26. Everyone has the right to go to school.27. Everyone has the right to share in their community's cultural life.28. Everyone must respect the 'social order' that is necessary for all these rights to be

available.29. Everyone must respect the rights of others, the community and public property.30. No one has the right to take away any of the rights in this declaration.

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o Genocide is acts “committed with the intent to destroy a national, ethnical, racial or religiousgroups as such”.

o Genocide is a crime for which individuals are punishable as well as acts of conspiracy,incitement, attempt and complicity to genocide

o Before the ICC in 2002, punishment for genocide was left to domestic courts and now totribunals built by UN.

Crimes Against Humanityo The Nuremburg Charter charged Nazi leaders with crimes against humanity through the

invocation of customary law of human rights.o “Crimes against humanity” defined as committed against any civilian population, before or during

the war or persecutions on political, racial or religious ground whether or not in violation of thedomestic law of the country where perpetrated.

Prohibitions of Discriminationo Racial discrimination is any distinction based on race, color, descent, impairing recognition on

equal footing, of human rights and fundamental freedoms. A UN committee has jurisdiction tohear complaints but its power to act limited to reports and recommendations. Apartheid is acrime against humanity.

o Sexual discrimination is any distinction on the basis of sex impairing or nullifying the recognitionof human rights and fundamental freedoms. A UN convention attempts to eliminate prejudicesand customs based on the idea of the inferiority or superiority of either of the sexes. Specialmeasures designed to achieve equality between men and women shall not be considereddiscrimination but shall be discontinued when the objective of equality has been achieved. Therehas been the Optional Protocol to the Convention of the Elimination of All Forms ofDiscrimination Against Women (Cedaw) or known as The “Convention” in 1999 thatauthorizes the treaty enforcement body, the Committee on the Elimination of DiscriminationAgainst Women to receive communications submitted by or on behalf of groups or individualswho allege having been victims of violations of the rights protected by the Convention.

o Religious freedom is limited only by the necessity to protect public safety, order, health ormorals or the fundamental rights and freedoms of others.

o Torture is any act by which severe pain or suffering whether physical or mental is intentionallyinflicted on a person for such purposes as obtaining from him or a third person information or aconfession punishing him for an act he or a third person has committed or is suspected of havingcommitted or intimidating or coercing him or a third person or for any reason based ondiscrimination of any kind when such pain or suffering is inflicted by or at the instigation of orwith the consent or acquiescence of an public official or other person acting in an officialcapacity. It does not include attempt and complicity to torture are always prohibited. It does notinclude pain or suffering incidental to lawful sanctions. The Committee against Torture has theunusual power to initiate inquiries.

o A refugee is a person who “owing to well -founded fear of being persecuted for reasons of race,religion, nationality, membership of a particular social group or political opinion, is outside thecountry of his nationality and is unable or owing to such fear, is unwilling to avail himself of theprotection of that country or who not having a nationality such events is unable or owing tosuch fear is unwilling to return to it.” Refugees have no right to be granted asylum undercustomary international law. A state has a right to grant asylum but an admitted refugee mayonly be deported for reasons of national security. Diplomatic asylum: granting refugee in theterritory of another state creating a right of safe conduct from the foreign state.

Refugee law deals with the rights and protection of refugees.Refugee law encompasses customary law, peremptory norms, and international legalinstruments. The only international instrument is the UN Convention, with an optional

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o Requirements for Derogation: Article 4 provides derogation from the Covenant’sobligations under the following circumstances: must be a time of public emergency whichthreatens the life of the nation; existence of such circumstances must be officiallyproclaimed; only to the extent strictly required by the exigencies of the situation; measuresmay not be inconsistent with their other obligations under international law and may notinvolve discrimination solely on the ground of race, color, sex, language, religion or socialorigin.

o Limitations to Derogation Under the Covenant: Some rights may not be derogated fromeven times of public emergency; Article 4 (2) states that no derogation is permitted formthe rights accorded by Articles 6,7,8 (paragraphs 1 and 2), 11, 15, 16 and 18.

Article 6 protects the inherent rights to life, prohibits genocide, restricts the deathpenalty to only the most serious crimes, requires rights to see pardon orcommutation of death penalty, and prohibits death penalty for persons under 18 andpregnant women.

Article 7 prohibits torture and cruel, inhuman or degrading treatment ofpunishment.

Article 8 prohibits slavery and slave trade (par.1) and prohibits holding anyone inservitude (par.2)

Article 11 prohibits imprisonment for failure to fulfill contractual obligation. Article 15 prohibits conviction for an act or omission not a criminal offense under

either national or international law at the time it was committed and also prohibitsimposition of a heavier penalty than was applicable at the time the crime wascommitted.

Article 16 states that everyone has a right to recognition as a person before the law. Article 18 protects rights of religious freedoms and prevents imposition of religion.

European Convention for the Protection of Human Rights and Fundamental Freedomso Requirements for Derogation: Article 15 (1) permits derogation: “in time of war or other

public emergency threatening the life of the nation; only to the extent strictly required bythe exigencies of the situation and provided such measures are not inconsistent with itsother obligations under international law. The European Court of Human Rights gave statesa wide “margin of appreciation” in the determi nation of whether the first condition existsbut has been more demanding in the determination of whether the second condition hasbeen satisfied.

o Limitations to Derogation Under the Covenant: Some rights may not be derogated fromeven times of public emergency; Article 15 (2) prohibits derogation from Articles 2, 3, 4(paragraph 1) and 7.

Article 2 protects the right to life except for executions resulting from conviction ofa crime for which the death penalty is provided by law.

Article 3 prohibits torture and cruel, inhuman or degrading treatment ofpunishment.

Article 4 prohibits slavery or servitude (par.2) Article 7 prohibits ex post facto criminal law

o Procedure: Article 15(30) requires the derogating party to fully inform the Secretary-General of the Council of Europe of measures taken and the reasons and also inform whenderogation has ceased and provisions of the Conventions are once again executed.

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ABSOLUTE AND NON-ABSOLUTE RIGHTS

Absolute rights cannot be limited in any way, at any time for any reason. No circumstance justifies aqualification or limitation of absolute rights. Absolute rights cannot be suspended or restricted, evenduring a declared state of emergency. Absolute rights in the ICCPR include:

o right to be free from torture and other cruel inhuman or degrading treatment orpunishment (Article 7)

o right to be free from slavery and servitude (Article 8 (1) and (2))o prohibition of genocide (Article 6 (3))o prohibition on prolonged arbitrary detention (elements of Article 9(1))o prohibition on imprisonment for failure to fulfill a contractual obligation (Article 11)o prohibition on the retrospective operation of criminal law (Article 15)o right of everyone to recognition everywhere as a person before the law (Article 16)o right to freedom from systematic racial discrimination (elements of Articles 2 (1) and 26)

Non-absolute rights may be subject to such limitations or restrictions as are reasonable, necessary,proportionate and demonstrably justifiable.

DEROGABLE AND NON-DEROGABLE RIGHTS

Derogations allow states to suspend part of their legal obligations and restrict some rights under certaincircumstances.

Article 4 of the International Covenant on Civil and Political Rights (ICCPR) provides for aderogation power, which allows governments to temporarily suspend the application of some rightsin the exceptional circumstance of a ‘state of emergency’ and subject to certain conditions,including official notification. Recourse to the derogations regime is rare.Derogation used to allow a state to respond to a serious public emergency which threatens the lifeof the nation. However, it must be only for a limited time, proportionate to the emergency andnon-discriminatory.Any absolute right is non-derogable (it cannot be suspended even in a declared state of emergency).

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Criteria essential for valid derogation: existence of a public emergency that threatens the life of thenation; requirements of proclamation and notification; measures strictly required by the exigenciesof situation: principle of proportionality; principle of consistency; non-derogable rights andprohibition of discriminationCertain rights, however, are non-derogable, that is, they cannot be suspended even in a state ofemergency. Article 4(2) of the ICCPR provides that no derogation is permitted for:Non-derogable rights (must not be suspended even in declared state of emergency)

o right to life (Article 6)o freedom from medical or scientific experimentation without consent (Article 7)o freedom from thought, conscience and religion (Article 7)o right of all persons deprived of their liberty to be treated with humanity and respect for

the inherent dignity of the human persono some elements of the rights of persons belonging to ethnic, religious or linguistic

minoritieso prohibition against taking hostages, abductions, or unacknowledged detentiono prohibition on propaganda for war and advocacy of national, racial or religious hatred

that constituted incitement to discrimination, hostility or violenceo prohibition against re-introduction of the death penalty if it has been abolished

Distinction between absolute rights and non-derogable rightso Non-derogable rights may be either absolute or non-absolute. While non-derogable

rights cannot be suspended, some non-derogable rights provide for limitations in theirordinary application . For example, the right to freedom of religion in article 18 of theICCPR is non-derogable under article 4(2) but may be subject to limitations inaccordance with article 18(3). Article 6 of the ICCPR, which protects the right to life, isanother example of a non-derogable right. This right, however, is expressed in part asfreedom from ‘arbitrary’ deprivation of life. The use of the term ‘arbitrary’ indicatesthat circumstances may justify the taking of life, where necessary, reasonable andproportionate.

UN Human Rights Covenantso Civil and Political Rights and Economic and Social and Cultural Rights were the basis for the

General Assembly’s adoption in 1966 of two treaties: the International Covenant on Civil andPolitical Rights (with Optional Protocols, to Civil and Political Covenant) and the InternationalCovenant on Economic, Social and Cultural Rights.

o Treaties opened for signature in December 1966 and entered into force 1976 after theratification by 35 states. From thereon, the number of States Parties grew, in 2004, 164 StateParties are part of the ICCCPR and 160 State Parties for the ICESCR.

o These Covenants are treaties thus allowing it for the creation of binding legal obligations forStates Parties.

o Common substantive provisions: (a) Article 1(1) of both Covenants “all peop les have the rightof self-determination”; (b) Article 1(2) ”all peoples have the right to freely dispose of their

natural resources and that in no case may a people be deprived of its own means ofsubsistence”.o The International Covenant on Civil and Political Rights deals with the human rights mentioned

above.o It is monitored by the Human Rights Committee.o The Covenant also includes two: “rights of peoples” or group rights: the right to self -

determination and the right of all peoples to freely dispose of their natural wealth andresources.

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o Article 27 also provides that ethnic, religious and linguistic minorities “shall not be denied theright, in community with the other members of their own group, to enjoy their own culture, toprofess and practice t heir own religion or to use their own language.”

o Neither Covenant includes the right to property included in the Universal Declaration.o Many of the rights may be limited as “necessary to protect public safety, order, health, or morals

or the fundamental ri ghts and freedom of others.” Rights of derogation in times of war or otherpublic emergency also exist.

o The Covenant calls for immediate implementation. It also provides for periodic submissioncompliance to the Human Rights Committee (UN body of human rights experts established bythe Covenant to oversee compliance through periodic state reports).

o The Covenant includes a “derogatory clause” that allows State Parties in times of publicemergency that threatens the life of the nation to suspend all or most of the fundamental rights;it also allows the State Parties to limit the exercise of some of the rights it proclaims. Forinstance, limitation clause on Article 18 that permits freedom of religion and elucidates that“freedom to manifest one’s religion or beliefs may be subject only to such limitations as areprescribed by law and are necessary to protect public safety, order, health, or morals or thefundamental rights and freedoms of others”. For derogatory clause, in Article 5(1) whichprohibits the imposition of restrictions or limitations aimed at the destruction of the rights or“their limitation to a greater extent than is provided for in the present Covenant”.

o Obligations of State Parties: (a) Article 2 Par. 1: “Each State Party to the present Coven antundertakes to respect and to ensure to all individuals within its territory and subject to its

jurisdiction the rights recognized in the present Covenant, without distinction of any kind, suchas race, color, sex, language, religion, political or other opinion, national or social origin,property, birth or other status; (b) Article 2(2) requires the State Parties “to adopt suchlegislative or other measures as may be necessary to give effect to the rights” provided in theCovenant.

o It also authorized the submission of interstate petitions to the Committee for its review againststates that have agreed to being subject to such petitions.

o The First Optional Protocol took effect in 1976 that allowed for individual complaints to theCommittee against any state that ratified the Protocol. It is silent on the issue of theCommittee’s role in ensuring that State Parties comply with its views.

o The Second Optional Protocol was opened for signature on December 15, 1989 and enteredinto force on July 11, 1991 and it sought to abolish death penalty. This implies that once a statehas ratified the Protocol, none of its jurisdiction shall be executed and all measures must betaken into account by that state party to remove and abolish death penalty within its

jurisdiction.

The Covenant follows the structure of the UDHR and ICESCR, with a preamble and fifty-threearticles, divided into six parts.Part 1 (Article 1) recognizes the right of all peoples to self-determination, including the right to"freely determine their political status", pursue their economic, social and cultural goals, andmanage and dispose of their own resources. It recognizes a negative right of a people not to bedeprived of its means of subsistence, and imposes an obligation on those parties still responsiblefor non-self governing and trust territories (colonies) to encourage and respect their self-determination.Part 2 (Articles 2 – 5) obliges parties to legislate where necessary to give effect to the rightsrecognized in the Covenant, and to provide an effective legal remedy for any violation of thoserights. It also requires the rights be recognized "without distinction of any kind, such as race,colour, sex, language, religion, political or other opinion, national or social origin, property, birthor other status," and to ensure that they are enjoyed equally by women. The rights can only belimited "in time of public emergency which threatens the life of the nation," and even then noderogation is permitted from the rights to life, freedom from torture and slavery, the freedomfrom retrospective law, the right to personhood, and freedom of thought, conscience and religion.

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o Reservations:Argentina will apply the fair trial rights guaranteed in its constitution to the prosecution ofthose accused of violating the general law of nations.Australia reserves the right to progressively implement the prison standards of Article 10, tocompensate for miscarriages of justice by administrative means rather than through the courts,and interprets the prohibition on racial incitement as being subject to the freedoms ofexpression, association and assembly. It also declares that its implementation will be effected ateach level of its federal system.Austria reserves the right to continue to exile members of the House of Habsburg, and limits

the rights of the accused and the right to a fair trial to those already existing in its legal system.Bahamas , due to problems with implementation, reserves the right not to compensate formiscarriages of justice.Bahrain interprets Articles 3 (no sexual discrimination), 18 (freedom of religion) and 23 (familyrights) within the context of Islamic Sharia law.Bangladesh reserves the right to try people in absentia where they are fugitives from justiceand declares that resource constraints mean that it cannot necessarily segregate prisons orprovide counsel for accused persons.Barbados reserves the right not to provide free counsel for accused persons due to resourceconstraints.Belgium interprets the freedoms of speech, assembly and association in a manner consistentwith the European Convention on Human Rights. It does not consider itself obliged to ban warpropaganda as required by Article 20, and interprets that article in light of the freedom ofexpression in the UDHR.Belize reserves the right not to compensate for miscarriages of justice, due to problems withimplementation, and does not plan to provide free legal counsel for the same reasons as above.It also refuses to ensure the right to free travel at any time, due to a law requiring thosetravelling abroad to provide tax clearance certificates.

Part 3 (Articles 6 – 27) lists the rights themselves. These include rights tophysical integrity, in the form of the right to life and freedom from torture and slavery (Articles 6,7, and 8); liberty and security of the person, in the form of freedom from arbitrary arrest anddetention and the right to habeas corpus (Articles 9 – 11); procedural fairness in law, in the form ofrights to due process, a fair and impartial trial, the presumption of innocence, and recognition as aperson before the law (Articles 14, 15, and 16); individual liberty, in the form of the freedoms ofmovement, thought, conscience and religion, speech, association and assembly, family rights, theright to a nationality, and the right to privacy(Articles 12, 13, 17 – 24); prohibition of anypropaganda for war as well as any advocacy of national or religious hatred thatconstitutes incitement to discrimination, hostility or violence by law (Article 20); politicalparticipation, including the right to join a political party and the right to vote (Article 25); Non-discrimination, minority rights and equality before the law (Articles 26 and 27).Many of these rights include specific actions which must be undertaken to realize them.Part 4 (Articles 28 – 45) governs the establishment and operation of the Human RightsCommittee and the reporting and monitoring of the Covenant. It also allows parties to recognizethe competence of the Committee to resolve disputes between parties on the implementation ofthe Covenant (Articles 41 and 42).Part 5 (Articles 46 – 47) clarifies that the Covenant shall not be interpreted as interfering withthe operation of the United Nations or "the inherent right of all peoples to enjoy and utilize fullyand freely their natural wealth and resources".Part 6 (Articles 48 – 53) governs ratification, entry into force, and amendment of the Covenant.

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Congo , as per the Congolese Code of Civil, Commercial, Administrative and FinancialProcedure, in matters of private law, decisions or orders emanating from conciliationproceedings may be enforced through imprisonment for debt.Denmark reserves the right to exclude the press and the public from trials as per its own laws.Reservation is further made to Article 20, paragraph 1. This reservation is in accordance withthe vote cast by Denmark in the XVI General Assembly of the United Nations in 1961 when theDanish Delegation, referring to the preceding article concerning freedom of expression, votedagainst the prohibition against propaganda for war.Gambia , as per its constitution, will provide free legal assistance for accused persons chargedwith capital offences only.The United States has made reservations that none of the articles should restrict the rightof free speech and association; that the US government may impose capital punishment on anyperson other than a pregnant woman, including persons below the age of 18; that "cruel,inhuman and degrading treatment or punishment" refers to those treatments or punishmentsprohibited by the Fifth, Eighth and/or Fourteenth Amendments to the US Constitution; thatParagraph 1, Article 15 will not apply; and that, notwithstanding paragraphs 2(b) and 3 of Article10 and paragraph 4 of Article 14, the US government may treat juveniles as adults, and acceptvolunteers to the military prior to the age of 18. The United States also submitted five"understandings", and four "declarations".

o The Democratic People’s Republic of Korea drafted a note about the withdrawal from theCovenant on August 23, 1997.

o Parties to the CovenantState Date signed Date ratified,

acceded or

succeeded

Notes

Afghanistan (IslamicRepublic of)

24 Jan 1983 Acceded as the Democratic Republic ofAfghanistan

Albania(Republic of) 4 Oct 1991Algeria 10 Dec 1968 12 Sep 1989Andorra 5 Aug 2002 22 Sep 2006Angola 10 Jan 1992Argentine Republic 19 Feb 1968 8 Aug 1986Armenia 23 Jun 1993Australia 18 Dec 1972 13 Aug 1980Austria 10 Dec 1973 10 Sept 1978Azerbaijan 13 Aug 1992Bahamas 4 Dec 2008 23 Dec 2008Bahrain 20 Sept 2006

Bangladesh 6 Sept 2000Barbados 5 Jan 1973Belarus 19 Mar 1968 12 Nov 1973 Signed and ratified as the Byelorussian Soviet

Socialist RepublicBelgium 10 Dec 1968 21 Apr 1983Belize 10 Jun 1996Benin 12 Mar 1992Bolivia, PlurinationalState of

12 Aug 1982 Acceded as the Republic of Bolivia

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Bosnia andHerzegovina

1 Sept 1993 Succeeded as Republic of Bosnia andHerzegovina from the Socialist Federal Republicof Yugoslavia

Botswana 8 Sept 2000 8 Sept 2000Brazil 12 Dec 1991 24 Jan 1992Bulgaria 8 Oct 1968 21 Sept 1970 Signed and ratified as the People's Republic of

BulgariaBurkina Faso 4 Jan 1999Burundi 9 May 1990Cambodia 17 Oct 1980 26 May 1992 Signed as Democratic KampucheaCameroon 27 Jun 1984Canada 19 May 1976Cape Verde 6 Aug 1993Central AfricanRepublic

8 May 1981

Chad 9 Jun 1995Chile 16 Sep 1969 10 Feb 1972China, People'sRepublic of

5 Oct 1998 Republic of China had signed on 5 October1967

Colombia 21 Dec 1966 29 Oct 1969Comoros 25 Sep 2008Congo 5 Oct 1983 Ratified as the People's Republic of the CongoCosta Rica 19 Dec 1966 29 Nov 1968Côte d'Ivoire 26 Mar 1992Republic of Croatia Oct 12 1992 Succeeded from the Socialist Federal Republic

of Yugoslavia Cuba 28 Feb 2008Cyprus 19 Dec 1966 2 Apr 1969Czech Republic 22 Feb 1993 Signed 7 October 1968 and ratified 23 December

1975 as Czechoslovak Socialist RepublicKorea, DemocraticPeople's Republicof

14 Sept 1981 Sought withdrawal on 25 August 1997 butSecretariat stated Covenant has no withdrawalprovision so could not withdraw withoutapproval of all states

Congo, DemocraticRepublic of

1 Nov 1976 Ratified as the Republic of Zaire

Denmark 20 Mar 1968 6 Jan 1972Djibouti 5 Nov 2002Dominica 17 Jun 1993Dominican Republic 4 Jan 1978Ecuador 4 Apr 1968 6 Mar 1969

Egypt, Arab Republic of 4 Aug 1967 14 Jan 1982 Signed as the United Arab RepublicEl Salvador 21 Sept 1967 30 Nov 1979Equatorial Guinea 25 Sept 1987Eritrea 22 Jan 2002Estonia 21 Oct 1991Ethiopia 11 Jun 1993Finland 11 Oct 1967 19 Aug 1975France 4 Nov 1980

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Gabon 21 Jan 1983Gambia 22 Mar 1979Georgia, Republic of 3 May 1994Germany, FederalRepublic of

9 Oct 1968 17 Dec 1973 The German Democratic Republic had signed on 23March 1973 and ratified on 8 November 1973 theCovenant with reservations and declarations

Ghana 7 Sept 2000 7 Sep 2000Greece 5 May 1997Grenada 6 Sept 1991Guatemala 5 May 1992Guinea 28 Feb 1967 24 Jan 1978Guinea-Bissau 12 Sept 2000 1 Nov 2010Guyana 22 Aug 1968 15 Feb 1977Haiti 6 Feb 1991Honduras 19 Dec 1966 25 Aug 1997Hungary 25 Mar 1969 17 Jan 1974 Signed and ratified as the People's Republic of

HungaryIceland 30 Dec 1968 22 Aug 1979India 10 Apr 1979Indonesia 23 Feb 2006Iran, IslamicRepublic of

4 Apr 1968 24 Jun 1975 Signed and ratified as Empire of Iran

Iraq 18 Feb 1969 25 Jan 1971Ireland 1 Oct 1973 8 Dec 1989Israel 19 Dec 1966 3 Oct 1991Italy 18 Jan 1967 15 Sept 1978

Jamaica 19 Dec 1966 3 Oct 1975 Japan 30 May 1978 21 Jun 1979 Jordan 30 Jun 1972 28 May 1975

Kazakhstan 2 Dec 2003 24 Jan 2006Kenya 1 May 1972Kuwait 21 May 1996Kyrgyzstan 7 Oct 1994Lao People's DemocraticRepublic

7 Dec 2000 25 Sept 2009

Latvia 14 Apr 1992Lebanon 3 Nov 1972Lesotho 9 Sept 1992Liberia 18 Apr 1967 22 Sept 2004Libya 15 May 1970 Signed and ratified as the Libyan Arab Republic

Liechtenstein 10 Dec 1998

Lithuania 20 Nov 1991Luxembourg 26 Nov 1974 18 Aug 1983Madagascar 17 Sept 1969 21 Jun 1971 Signed and ratified as the Malagasy RepublicMalawi 22 Dec 1993Maldives 19 Sept 2006Mali 16 Jul 1974Malta 13 Sept 1990Mauritania, Islamic 17 Nov 2004

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Republic of Mauritius 12 Dec 1973Mexico 23 Mar 1981Monaco 26 Jun 1997 28 Aug 1997Mongolia 5 Jun 1968 18 Nov 1974 Signed and ratified as the Mongolian People's Republic

Montenegro 23 Oct 2006Morocco 19 Jan 1977 3 May 1979Mozambique 21 Jul 1993Namibia 28 Nov 1994Nauru 12 Nov 2001Nepal 14 May 1991 Signed as the Kingdom of NepalNetherlands 25 Jun 1969 11 Dec 1978New Zealand 12 Nov 1968 28 Dec 1978Nicaragua 12 Mar 1980Niger 7 Mar 1986Nigeria 29 Jul 1993Norway 20 Mar 1968 13 Sep 1972

Pakistan 17 Apr 2008 23 Jun 2010Palau 20 Sept 2011Panama 27 Jul 1976 8 Mar 1977Papua New Guinea 21 Jul 2008Paraguay 10 Jun 1992Peru 11 Aug 1977 28 Apr 1978Philippines 19 Dec 1966 23 Oct 1986Poland 2 Mar 1967 18 Mar 1977 Signed and ratified as the People's Republic of Poland Portugal 7 Oct 1976 15 Jun 1978Korea, Republic of 10 Apr 1990Moldova 26 Jan 1993Romania 27 Jun 1968 9 Dec 1974Russian Federation 18 Mar 1968 16 Oct 1973 Succeeded from the Union of Soviet Socialist Republics Rwanda 16 Apr 1975Samoa 15 Feb 2008San Marino 18 Oct 1985Sao Tome & Principe 31 Oct 1995Senegal 6 Jul 1970 13 Feb 1978Serbia 12 Mar 2001 The former Yugoslavia had signed the Covenant on

8 August 1967 and ratified it on 2 June 1971 Seychelles 5 May 1992Sierra Leone 23 Aug 1996Slovakia 28 May 1993 Signed 7 October 1968 and ratified 23 December

1975 as CzechoslovakiaSlovenia 6 Jul 1992 The former Yugoslavia had signed the Covenant on

8 August 1967 and ratified it on 2 June 1971Somalia 24 Jan 1990South Africa 3 Oct 1994 10 Dec 1998Spain 28 Sep 1976 27 Apr 1977Sri Lanka 11 Jun 1980St. Lucia 22 Sep 2011St. Vincent and the 9 Nov 1981

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o The ratification of this Covenant does not necessarily denote that the state party will doeverything to give the fast effect to all the rights it articulates, rather the state party is to takeindividual and baby steps through international assistance and cooperation and to the maximumcapability of its available resources.

o This Covenant demands state parties to provide “reports on the measures which they have

adopted and the progress made in achieving the observance of the rights recognized herein”.o ECOSOC Resolution 1985/17 of May 22, 1985 ended up for the establishment of the

Committee on Economic, Social and Cultural Rights.o In the early part of 1990, the ESC Committee tackled about the optional protocol that will build

individual complaints mechanism for the ICESCR. It was on December 10, 2008 that theOptional Protocol was adopted. Article 2 of the Optional Protocol articulates thatcommunications may be passed by or on behalf of individuals or groups of individuals, under the

jurisdiction of a state party.

The Covenant follows the structure of the UDHR and ICCPR, with a preamble and thirty-onearticles, divided into five parts.

Part 1 (Article 1) recognises the right of all peoples to self-determination, including the right to"freely determine their political status", pursue their economic, social and cultural goals, andmanage and dispose of their own resources. It recognises a negative right of a people not to bedeprived of its means of subsistence, and imposes an obligation on those parties still responsiblefor non-self governing and trust territories (colonies) to encourage and respect their self-determination.Part 2 (Articles 2 – 5) establishes the principle of "progressive realisation" – see below. It alsorequires the rights be recognised "without discrimination of any kind as to race, colour, sex,language, religion, political or other opinion, national or social origin, property, birth or otherstatus". The rights can only be limited by law, in a manner compatible with the nature of the rights,and only for the purpose of "promoting the general welfare in a democratic society".Part 3 (Articles 6 – 15) lists the rights themselves. These include rights to

work, under "just and favourable co nditions”, with the right to form and join trade unions(Articles 6, 7, and 8); social security, including social insurance (Article 9); family life, including paid parental leave and the protection of children (Article 10); an adequate standard of living, including adequate food, clothing and housing, and the

"continuous improvement of living conditions" (Article 11); health, specifically "the highest attainable standard of physical and mental health" (Article 12); education, including free universal primary education, generally available secondary education

and equally accessible higher education. This should be directed to "the full development ofthe human personality and the sense of its dignity", and enable all persons to participateeffectively in society (Articles 13 and 14);

participation in cultural life (Article 15).

Many of these rights include specific actions which must be undertaken to realise them.Part 4 (Articles 16 – 25) governs reporting and monitoring of the Covenant and the steps takenby the parties to implement it. It also allows the monitoring body – originally the United NationsEconomic and Social Council – now the Committee on Economic, Social and Cultural Rights – seebelow – to make general recommendations to the UN General Assembly on appropriatemeasures to realise the rights (Article 21)Part 5 (Articles 26 – 31) governs ratification, entry into force, and amendment of the Covenant.

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o ReservationsAlgeria interprets parts of Article 13, protecting the liberty of parents to freely choose orestablish suitable educational institutions, so as not to "impair its right freely to organize itseducational system."Bangladesh interprets the self-determination clause in Article 1 as applying in the historicalcontext of colonialism. It also reserves the right to interpret the labour rights in Articles 7 and 8and the non-discrimination clauses of Articles 2 and 3 within the context of its constitution anddomestic law.Belgium interprets non-discrimination as to national origin as "not necessarily implying anobligation on States automatically to guarantee to foreigners the same rights as to theirnationals. The term should be understood to refer to the elimination of any arbitrary behaviourbut not of differences in treatment based on objective and reasonable considerations, inconformity with the principles prevailing in democratic societies."China restricts labour rights in Article 8 in a manner consistent with its constitution anddomestic law.Egypt accepts the Covenant only to the extent it does not conflict with Islamic Sharia law.Sharia is "a primary source of legislation" under Article 2 of both the suspended 1973

Constitution and th e2011 Provisional Constitutional Declaration. France views the Covenant as subservient to the UN Charter. It also reserves the right togovern the access of aliens to employment, social security, and other benefits.India interprets the right of self-determination as applying "only to the peoples under foreigndomination "[1] and not to apply to peoples within sovereign nation-states. It also interprets thelimitation of rights clause and the rights of equal opportunity in the workplace within thecontext of its constitution.Indonesia interprets the self-determination clause (Article 1) within the context of otherinternational law and as not applying to peoples within a sovereign nation-state.Ireland reserves the right to promote the Irish language.

Japan reserved the right not to be bound to progressively introduce free secondary and highereducation, the right to strike for public servant and the remuneration on public holidays.

Kuwait interprets the non-discrimination clauses of Articles 2 and 3 within its constitution andlaws, and reserves the right to social security to apply only to Kuwaitis. It also reserves the rightto forbid strikes.Mexico restricts the labour rights in Article 8 within the context of its constitution and laws.Monaco interprets the principle of non-discrimination on the grounds of national origin as "notnecessarily implying an automatic obligation on the part of States to guarantee foreigners thesame rights as their nationals", and reserves the right to set residence requirements on therights to work, health, education, and social security.New Zealand reserved the right not to apply Article 8 (the right to form and join tradeunions) insofar as existing measures (which at the time included compulsory unionism andencouraged arbitration of disputes) were incompatible with it.Norway reserves the right to strike so as to allow for compulsory arbitration of some labourdisputes.Pakistan has a general reservation to interpret the Covenant within the framework of itsconstitution.Thailand interprets the right to self-determination within the framework of other internationallaw.Trinidad and Tobago reserves the right to restrict the right to strike of those engaged inessential occupations.

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Turkey will implement the Covenant subject to the UN Charter. It also reserves the right tointerpret and implement the right of parents to choose and establish educational institutions in amanner compatible with its constitution.United Kingdom views the Covenant as subservient to the UN Charter. It made severalreservations regarding its overseas territories.United States – Amnesty International writes that "The United States signed the Covenant in1979 under the Carter administration but is not fully bound by it until it is ratified. For politicalreasons, the Carter administration did not push for the necessary review of the Covenant bythe Senate, which must give its 'advice and consent' before the US can ratify a treaty. TheReagan and George H.W. Bush administrations took the view that economic, social, and culturalrights were not really rights but merely desirable social goals and therefore should not be theobject of binding treaties. The Clinton Administration did not deny the nature of these rightsbut did not find it politically expedient to engage in a battle with Congress over the Covenant.The George W. Bush administration followed in line with the view of the previous Bushadministration." The Obama Administration stated "The Administration does not seek action atthis time" on the Covenant. The Heritage Foundation, a critical conservative think tank, arguesthat signing it would obligate the introduction of policies that it opposes such as universal healthcare.

o Parties to the Covenant

State Date signed Dateratified,

acceded orsucceeded

Notes

Afghanistan 24 Jan 1983Albania 4 Oct 1991Algeria 10 Dec 1968 12 Sep 1989Angola 10 Jan 1992Argentina 19 Feb 1968 8 Aug 1986

Armenia

13 Sep 1993Australia 18 Dec 1972 10 Dec 1975Austria 10 Dec 1973 10 Sep 1978Azerbaijan 13 Aug 1992Bahamas 4 Dec 2008 23 Dec 2008Bahrain 27 Sep 2007Bangladesh 5 Oct 1998Barbados 5 Jan 1973Belarus 19 Mar 1968 12 Nov 1973Belgium 10 Dec 1968 21 Apr 1983Belize 6 Sep 2000Benin 12 Mar 1992Plurinational State of Bolivia 12 Aug 1982Bosnia and Herzegovina 1 Sep 1993 The former Yugoslavia had signed the

Covenant on 8 August 1967 and ratified iton 2 June 1971.

Brazil 24 Jan 1992Bulgaria 8 Oct 1968 21 Sep 1970Burkina Faso 4 Jan 1999Burundi 9 May 1990

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Nigeria 29 Jul 1993Norway 20 Mar 1968 13 Sep 1972Pakistan 3 Nov 2004 17 Apr 2008Palau 20 Sep 2011Panama 27 Jul 1976 8 Mar 1977Papua New Guinea 21 Jul 2008Paraguay 10 Jun 1992Peru 11 Aug 1977 28 Apr 1978Philippines 19 Dec 1966 7 Jun 1974Poland 2 Mar 1967 18 Mar 1977Portugal 7 Oct 1976 31 Jul 1978Republic of Korea 10 Apr 1990Republic of Moldova 26 Jan 1993Romania 27 Jun 1968 9 Dec 1974Russian Federation 18 Mar 1968 16 Oct 1973Rwanda 16 Apr 1975San Marino 18 Oct 1985

Sao Tome and Principe

31 Oct 1995Senegal 6 Jul 1970 13 Feb 1978Serbia 12 Mar 2001 The former Yugoslavia had signed the

Covenant on 8 August 1967 and ratified iton 2 June 1971.

Seychelles 5 May 1992Sierra Leone 23 Aug 1996Slovakia 28 May 1993 Czechoslovakia had signed the Covenant on

7 October 1968 and ratified it on 23December 1975.

Slovenia 6 Jul 1992 The former Yugoslavia had signed theCovenant on 8 August 1967 and ratified iton 2 June 1971.

Solomon Islands 17 Mar 1982Somalia 24 Jan 1990South Africa 3 Oct 1994Spain 28 Sep 1976 27 Apr 1977Sri Lanka 11 Jun 1980St. Vincent and theGrenadines

9 Nov 1981

Sudan 18 Mar 1986Suriname 28 Dec 1976Swaziland 26 Mar 2004Sweden 29 Sep 1967 6 Dec 1971

Switzerland 18 Jun 1992Syrian Arab Republic 21 Apr 1969Tajikistan 4 Jan 1999Thailand 5 Sep 1999The former YugoslavRepublic of Macedonia

18 Jan 1994 The former Yugoslavia had signed theCovenant on 8 August 1967 and ratified iton 2 June 1971.

Timor-Leste 16 Apr 2003Togo 24 May 1984

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Trinidad and Tobago 8 Dec 1978Tunisia 30 Apr 1968 18 Mar 1969Turkey 15 Aug 2000 23 Sep 2003Turkmenistan 1 May 1997Uganda 21 Jan 1987Ukraine 20 Mar 1968 12 Nov 1973United Kingdom of GreatBritain and NorthernIreland

16 Sep 1968 20 May 1976

United Republic of Tanzania 11 Jun 1976United States of America 5 Oct 1977Uruguay 21 Feb 1967 1 Apr 1970Uzbekistan 28 Sep 1995Venezuela (BolivarianRepublic of)

24 Jun 1969 10 May 1978

Viet Nam 24 Sep 1982Yemen 9 Feb 1987 Effected as Yemen Arab RepublicZambia 10 Apr 1984Zimbabwe 13 May 1991

Human Rights Institutions

o UN Charter allows various bodies to articulate and oversee compliance with human rightstogether with the Commission on Human Rights, UN Commissioner for Human Rights,Commission on the Status of Women and Sub-Commission on the Promotion and Protection ofHuman Rights.

o Commission on Human Rights: ECOSOC in 1946, built this commission in relation to Article 68of the Charter. There are over 50 representatives that act as representatives of theirgovernments not as experts. It heads in the formulation of the Covenants and Universal

Declaration and takes on the responsibility for addressing human rights violations.o UN Commissioner for Human Rights: The General Assembly created this post in 1993 which

acts as an overseer of all UN human rights activities.o Commission on the Status of Women: In 1946, it was established by ECOSOC as a post that

oversees women’s issues/ o The Sub-Commission on the Promotion and Protection of Human Rights: Formerly known as

the Sub-Commission on the Prevention of Discrimination and Protection of Minorities. Therepresentatives of this commission are elected by the Human Rights Commission. This poststudies human rights issues and reports to the Human Rights Commission. Also responsible foraddressing large-scale, gross violations of human rights under ECOSOC Resolutions 1235 and1503. R esolution 1235 authorizes both Commissions to address any “consistent pattern ofviolations of human rights” such as apartheid; either one may undertake a “thorough study” to

be provided to ECOSOC. Resolution 1503 authorizes individuals and groups to bring to theattention of the Sub- Commission “a consistent pattern of gross and reliably attested violationsof human rights and fundamental freedoms”.

Specialized Agencies of UNo International Labor Organization (ILO)o United Nations Economic and Social Council (ECOSOC)

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OTHER CORE UN HUMAN RIGHTS TREATIESAside from the International Bill of Human Rights, the UN has over the years promulgated a largenumber of treaties dealing with specific types of human rights violations such as genocide, racialdiscrimination, apartheid, discrimination against women, torture, etc.Each of the core human rights treaties accounts for the establishment of a committee ofindependent experts to monitor implementation of the treaty provisions by states parties.Treaty body is directed to consider periodic state reports containing information on steps taken toimplement the provisions of the relevant treaties.

o The Convention on the Prevention and Punishment of the Crime of Genocide Adopted on December 9, 1948Entered into force on January 12, 1951The extermination of millions of Jews and member of other national, ethnic andreligious groups during the Nazi Holocaust prompted the adoption of GenocideConventionGenocide whether committed in time of peace and war is a crime underinternational law.“Crime under international law” : grave offense against the law of nations for which

the individual perpetrator is punishable.“persons committing genocide shall be punis hed whether they are constitutionallyresponsible rulers, public officials or private individuals” (Article IV of the GenocideConvention).“Genocide, with intent to destroy in whole or in part, a national, ethnic, racial orreligious group as such” (Artic le II)Acts of constituting genocide: killing members of the group, causing serious bodilyor mental harm to members of the group, deliberately inflicting on the groupconditions of life calculated to bring about it physical destruction in whole or part,imposing measure intended to prevent births within group, and forcibly transferringchildren of the group to another group.

o International Convention on the Elimination of All Forms of Racial

Discrimination Adopted in 1965Entered into force in 1969The most comprehensive and unambiguous codification in treaty form of the idea ofthe equality of races.“racial discrimination, any distinction, exclusion, restriction or preference based onrace, color, descent, or national or ethnic origin having the purpose or effect ofnullifying or impairing the recognition, enjoyment or exercise on an equal footing ofhuman rights and fundamental freedoms in the political, economic, social, cultural orany other fiel d of public life” (Article 1(1)). States Parties to the Convention have the legal obligation to eliminate racialdiscrimination in their territory and to enact whatever laws are necessary to ensurenon-discrimination in the exercise and enjoyment of various human rights.Committee on the Elimination of Racial Discrimination (CERD): composed of 18members elected by States Parties; first UN human rights treaty body; functioningsince 1970; reviews the periodic reports the States Parties prepare

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o Convention on the Elimination of All Forms of Discrimination Against Women Adopted on December 18, 1979Entered into force on September 3, 1981Seeks to end discrimination against women, defined as “any distinction, exclusion, orrestriction made on the basis of sex that impairs the enjoyment by women of humanrights and fundamental freedoms in the political, economic, social, cultural or anyother field” (Article 1). States Parties must embody the principle of equality of men and women and to takea series of measures in the political, social, economic, and cultural realm to advanceenjoyment of equal rights by women in all walks of life.CEDAW Committee: consists of 23 experts elected by States Parties, something ofa stepchild among UN human rights treaty organs, expanded powers on October 6,1999 and entered into for on December 22, 2000 due to an optional protocol givingthe committee the power to accept and consider communications.

o Convention Against Torture and Other Cruel, Inhuman or DegradingTreatment

Adopted on December 10, 1984

Entered into force on June 28, 1987Designed to prevent and punish torture committed “by or at the instigation of orwith the consent or acquiescence of a public official or other person acting in anofficial capacity” (Article 1(1)). Torture “any act by which severe pain or suffer ing whether physical or mental inintentionally inflicted on a person for the purpose inter alia or obtaining from him ora third person information or a confession” (Article 1(1)). There are “no exceptional circumstances whatsoever” to justify torture and that noorders from superior officers or a public authority may be invoked as a justification.(Article 2(2) and 2(3)).Committee on Torture: measure of supervision, investigatory actions

o Convention on the Rights of a Child

Adopted on November 20, 1989Entered into force on September 2, 1990Mid 2009: garnered 193 ratifications making it the most widely accepted of allhuman rights treaties.Among UN members, Somalia and US did not ratify the ConventionState Parties must accord children an extensive catalog of civil, political, economic,social and cultural rightsChild defined “every human being below the age of eighteen unless under the lawapplicable to the child, majority is attained earlier” (Article 1) Committee on the Rights of a Child (CRC): examining progress made by the StatesParties in achieving the realization of the obligations undertaken in the presentConvention, composed of ten membersTwo optional protocols adopted on May 25, 2000 by the General Assembly: (a)involvement of the children in armed conflicts entered into force on February 13,2002 aimed to raise the minimum of age of persons participating in armed conflictsto 18 and (b) sale of children, child prostitution and child pornography, entered intoforce on January 18, 2002 aimed to criminalized the acts and activities in theprotocol and states must either prosecute and extradite offenders found in theirterritory.

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o International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families

Adopted on December 18, 1990Entered into force in July 1, 2003Reflects the competing interests of sending and receiving states and the considerableconcern states have about controlling entry into their territory.Part 1: migrant worker “as a person who is to be engaged or has been engaged inremunerated activity in a State of which he or she is not a national” included are thefrontier workers, seasonal workers, seafarers, workers on offshore installations,itinerant workers, migrants employed for a specific project and self-employedworkersPart II: rights are to be made available to all migrants without discriminationPart III: lists the rights of all migrant workers regardless of their legal status; rightsto life, privacy, freedom of expression, freedom of conscience, freedom fromtorture, slavery, arbitrary arrest and detention, equality before the law and consularprotection.Part IV: additional rights for lawfully resident migrants

Part V: rights for workers in categories of employmentPart VI: provisions relating to international cooperation and coordination in themanagement of legal migration and prevention or reduction of irregular movementsCommittee on Migrant Workers: ten independent experts of high moral character,impartiality and competent, members are elected for a term of four years,membership increases to fourteen once the Convention has forty one states parties,provision of comments, recommendations, inter-state complaints procedure.

o Convention on the Rights of Persons With Disabilities Adopted on December 13, 2006Entered into force on May 3, 2008.As of 2009, there were sixty four States Parties

Aims to combat discrimination against persons with disabilities and to guaranteethem the exercise of human rights.States Parties are committed to develop and carry our policies, laws andadministrative measures for securing the rights recognized in the Convention andabolish laws, regulations, customs and practices constituting discriminationPersons with disabilities are assured their right to enjoy inherent right to life on anequal basis to other (Article 10).Children with disabilities shall have equal rights, shall not be separated from theirparents against their will except when the authorities determine that this is in thechild’s best interests and in no case shall be separated from their parents on thebasis of a disability of either of the child or the parents (Article 23).

o International Convention for the Protection of All Persons From EnforcedDisappearance

Adopted on December 20, 2006Not in force as of August 2009 (since it was only ratified by 14 states: Albania,Argentina, Bolivia, Cuba, France, Honduras, Japan, Khazakstan, Mali, Mexico, Nigeria,Senegal and Uruguay).Non-derogable right of any person not be subjected to enforced disappearanceEnforced disappearance defined as “the arrest, detention, abduction or any form ofdeprivation of liberty by agents of the State or by persons or groups of persons

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acting with the authorization, support of acquiescence of the State, followed by arefusal to acknowledge the deprivation of liberty or by concealment of the fate orwhereabouts of the disappeared person, which place such a person outside theprotection of the law” (Article 2 of the Convention). States Parties are to investigate any act defined in Article 2 and must take measuresto enforce the law through prosecution and punishment when they have jurisdictionto do so.Committee on Enforced Disappearances: deal with cases of enforced disappearancesthat happen after the Convention comes into force. States Parties submit a reportto the committee and the committee issues comments, observations andrecommendations and may carry out country visits.

UNIVERSAL PERIODIC REVIEW

The Universal Periodic Review (UPR) is a unique process which involves a review of the human rightsrecords of all 192 UN Member States once every four years.

The UPR is a State-driven process, under the auspices of the Human Rights Council, which provides theopportunity for each State to declare what actions they have taken to improve the human rightssituations in their countries and to fulfill their human rights obligations.

As one of the main features of the Council, the UPR is designed to ensure equal treatment for everycountry when their human rights situations are assessed.

The UPR was created through the UN General Assembly on 15 March 2006 by resolution 60/251, which established the Human Rights Council itself. It is a cooperative process which, by 2011, will havereviewed the human rights records of every country. Currently, no other universal mechanism of thiskind exists.

The UPR is one of the key elements of the new Council which reminds States of their responsibility tofully respect and implement all human rights and fundamental freedoms. The ultimate aim of this newmechanism is to improve the human rights situation in all countries and address human rights violationswherever they occur.

What is the Universal Periodic Review?

The Universal Periodic Review (UPR) is a unique process which involves a periodic review of the humanrights records of all 193 UN Member States. The UPR is a significant innovation of the Human RightsCouncil which is based on equal treatment for all countries. It provides an opportunity for all States todeclare what actions they have taken to improve the human rights situations in their countries and toovercome challenges to the enjoyment of human rights. The UPR also includes a sharing of best human

rights practices around the globe. Currently, no other mechanism of this kind exists.

How was the UPR established?

The UPR was established when the Human Rights Council was created on 15 March 2006 by the UNGeneral Assembly in resolution 60/251. This mandated the Council to "undertake a universal periodicreview, based on objective and reliable information, of the fulfilment by each State of its human rightsobligations and commitments in a manner which ensures universality of coverage and equal treatmentwith respect to all States”. On 18 June 2007, one year after its first meeting, members of the new

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Council agreed to its institution-building package (A/HRC/RES/5/1) providing a road map guiding thefuture work of the Council. One of the key elements of this package was the new Universal PeriodicReview. The mechanism was further refined during the review process through resolution 16/21 anddecision 17/119. These two documents provided the necessary modifications of modalities for thereview in the second and subsequent cycles.

What is the goal of the UPR?

The ultimate goal of UPR is the improvement of the human rights situation in every country withsignificant consequences for people around the globe. The UPR is designed to prompt, support, andexpand the promotion and protection of human rights on the ground. To achieve this, the UPR involvesassessing States’ human rights records and addressing human rights violations wherever they occur. TheUPR also aims to provide technical assistance to States and enhance their capacity to deal effectivelywith human rights challenges and to share best practices in the field of human rights among States andother stakeholders.

When will States have their human rights records reviewed by the UPR?

During the first cycle, all UN Member States have been reviewed, – with 48 States reviewed each year.The second cycle, which officially started in May 2012 with the 13th session of the UPR Working Group,will see 42 States reviewed each year. The reviews take place during the sessions of the UPR WorkingGroup (see below) which meets three times a year. The order of review remains the same as in the firstcycle and the number of States reviewed at each session is now 14 instead of 16.

Who conducts the review?

The reviews are conducted by the UPR Working Group which consists of the 47 members of theCouncil; however any UN Member State can take part in the discussion/dialogue with the reviewedStates. Each State review is assisted by groups of three States, known as “troikas”, who serve as

rapporteurs. The selection of the troikas for each State is done through a drawing of lots followingelections for the Council membership in the General Assembly.

What are the reviews based on?

The documents on which the reviews are based are: 1) information provided by the State under review,which can take the form of a “national report”; 2) information contained in the reports of independenthuman rights experts and groups, known as the Special Procedures, human rights treaty bodies, andother UN entities; 3) information from other stakeholders including national human rights institutionsand non-governmental organizations.

How are the reviews conducted?

Reviews take place through an interactive discussion between the State under review and other UNMember States. This takes place during a meeting of the UPR Working Group. During this discussionany UN Member State can pose questions, comments and/or make recommendations to the Statesunder review. The troikas may group issues or questions to be shared with the State under review toensure that the interactive dialogue takes place in a smooth and orderly manner. The duration of thereview was three hours for each country in the Working Group during the first cycle. From the secondcycle onwards the time has been extended to three hours and thirty minutes.

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Can non-governmental organizations (NGOs) participate in the UPR process?

Yes. NGOs can submit information which can be added to the “other stakeholders” report which isconsidered during the review. Information they provide can be referred to by any of the States takingpart in the interactive discussion during the review at the Working Group meeting. NGOs can attendthe UPR Working Group sessions and can make statements at the regular session of the Human RightsCouncil when the outcome of the State reviews is considered. OHCHR has released "Technicalguidelines for the submission of stakeholders”

What human rights obligations are addressed ?

The UPR will assess the extent to which States respect their human rights obligations set out in: (1)the UN Charter; (2) the Universal Declaration of Human Rights; (3) human rights instruments to whichthe State is party (human rights treaties ratified by the State concerned); (4) voluntary pledges andcommitments made by the State (e.g. national human rights policies and/or programmes implemented);and, (5) applicable international humanitarian law.

What is the outcome of the review?

Following the review by the Working Group, a report is prepared by the troika with the involvement ofthe State under review and assistance from the OHCHR. This report, referred to as the “outcomereport”, provides a summary of the actual discussion. It therefore consists of the questions, commentsand recommendations made by States to the country under review, as well as the responses by thereviewed State.

How is the review adopted?

During the Working Group session half an hour is allocated to adopt each of the “outcome reports” forthe States reviewed that session. These take place no sooner than 48 hours after the country review.

The reviewed State has the opportunity to make preliminary comments on the recommendationschoosing to either accept or note them. Both accepted and noted recommendations are included in thereport. After the report has been adopted, editorial modifications can be made to the report by Stateson their own statements within the following two weeks. The report then has to be adopted at aplenary session of the Human Rights Council. During the plenary session, the State under review canreply to questions and issues that were not sufficiently addressed during the Working Group andrespond to recommendations that were raised by States during the review. Time is also allotted tomember and observer States who may wish to express their opinion on the outcome of the review andfor NHRIs, NGOs and other stakeholders to make general comments.

What steps are taken as follow up to the review?

The State has the primary responsibility to implement the recommendations contained in the finaloutcome. The UPR ensures that all countries are accountable for progress or failure in implementingthese recommendations. During the second review the State is expected to provide information onwhat they have been doing to implement the recommendations made during the first review as well ason any developments in the field of human rights. The international community will assist inimplementing the recommendations and conclusions regarding capacity-building and technical assistance,in consultation with the country concerned. If necessary, the Council will address cases where Statesare not co-operating.

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What happens if a State is not cooperating with the UPR?

The Human Rights Council will decide on the measures it would need to take in case of persistent non-co-operation by a State with the UPR.

THE INTERNATIONAL COURTS

The International Court of Justice is the principal judicial organ of the UNo All UN members are parties to the ICJ Statute and must consent to jurisdiction.o Fifteen judges are elected with regard for balanced distribution.o The ICJ has contentious (binding) and advisory (non-binding) jurisdiction.o The ICJ has compulsory jurisdiction for the interpretation of a treaty, a question of international

law, the existence of any fact which would constitute a breach of international obligation and theextent of any reparations resulting from the breach. A state may reserve acceptance of the ICJ’scompulsory jurisdiction.

o The Security Council decides how to enforce the judgments of the Court

The International Criminal Court has jurisdiction over genocide, war crimes and crimes againsthumanity.o The ICC may only address a case if states with jurisdiction are unable or unwilling to prosecute.

The U.S. has refused to become a party to the treaty.The Court of Justice of the European Union is the judicial organ of the EU.o It acts as a referee between disputing member-states and guards against infringement of

individual rights by the EU institutions.o Usually there is a judge from each member state and the court issues a single “judgment of the

court” after secret deliberations, protecting them from the pressure of national interest. o Jurisdiction is conferred on it by treaties, with the power to hear direct actions or make

preliminary rulings.o The Court’s primary legislation includes the EU’s constitutive treaties, while secondary

legislation consists the laws created by EU institutions.

REGIONAL ORGANIZATIONS

The UN encourages regional organizations to settle local disputes before referring them to theSecurity Council, but the Security Council must authorize any enforcement actions. The Counciloften chooses to defer to the jurisdiction of regional organizations.The Organization of American States (OAS)

o The main functions of the OAS are to strengthen security, ensure peaceful disputeresolution, and promoting economic, social, and cultural development. The OAS has draftedmany human rights treaties, but it is mildly successful in their ratification.

The Council of Europeo The Council has been influential in incorporating human rights obligations into the economic

focus of the EU.The African Union (OAU)

o The OAU is concerned primarily with noninterference and dispute resolution, but plays alimited role in dealing with human rights conflicts regionally.

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REGIONAL HUMAN RIGHTS LAW AND INSTITUTIONSThe European SystemEurope has the longest standing and most well developed regional system of human rights law.o The European Convention on Human Rights is similar to the International Covenant, but fails to

recognize a people’s right to self -determination, the rights of certain minorities, and children’sright. The European Social Charter recognizes a wider range of rights, but has not been ratifiedby all the states.

o The European Commission of Human Rights hears cases between states (compulsory jurisdiction) and with respect to individuals (optional jurisdiction). The European Court ofHuman Rights has optional jurisdiction, but its judgments are binding and the Court may awarddamages.

o Originally, the European Court of Human Rights could only hear cases after the review of theCommission, but now all applications have direct access to the Court. The Court is the firstpermanent, full-time human rights court and the execution of its judgments is overseen by theCommittee of Ministers of the Council of Europe.

The Inter-American Systemo The American declaration of the Rights and Duties of Man defines the fundamental rights of the

individual mandated of all members of the OAS Charter.o The Inter-American Commission on Human Rights (IACHR) evolved from a body empowered

to prepare reports and make recommendations to the formal organ of the OAS to further theAmerican Declaration.

o The American Convention on Human Rights (which the U.S has not yet ratified) is similar to theEuropean Convention except that it does not include a wide range of economic or social rights.It differs from other international regimes by making the right of individual petition mandatoryand interstate petitions optional for the Inter-American Commission on Human Rights, which isauthorized to consider charges of rights violation under the Convention.

o The Inter-American Court of Human Rights has both contentious and advisory jurisdiction.Contentious jurisdiction is optional, but the Court’s judgment is final, binding and enforced bythe OAS. Advisory jurisdiction is not binding and allows the Court to give its opinionsinterpreting the Convention and other American human rights treaties.

The African Systemo The African Charter of Human and People’s Rights guarantees a wide range of rights and

established a Commission to hear petitions. The African Court on Human and People’s Right’swas established in 1998 Protocol, but has not yet gone into effect.

HUMANITARIAN INTERVENTION BY THE U.N.

Historic Development of the Security Councilo The Security Council was established in the UN Charter in 1945 with fifteen members, five

permanent.o The UNSC has the authority to take enforcement action to “maintain or restore international

peace and security”. It often must balance respecting state sovereignty and promoting humanrights.

o Any member of the UN may bring any dispute to the Security Council and a non-member maybring a dispute if it agrees to the obligations of the settlement. All members of the UN mustaccept and carry out the decisions of the UNSC.

Chapter VI: Pacific Settlemento The first step of the Security Council is to seek a peaceful means of reconciliation, usually

mediation and preventative diplomacy.

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Chapter VII: Action with Respect to Threats to the Peace, Breaches of the Peace, and Acts ofAggression

o When the Council has determined that one of the three above has occurred and peacefulmeasures would be inadequate, it may take actions such as demonstrations, blockades, ormilitary operations to restore to the peace. The Council may not order states to participate inmilitary action.

o The UN gradually adopted Chapter VII to provide a legal basis for humanitarian intervention.o Specific Enforcement Actions Under Chapter VII:o 1991- The UN established “safe heavens” in northern Iraq to allow Kurdish exiles to return

under international protection.o 1992- The UN first sent team to observe the administration of humanitarian aid in Somalia and

later authorized a U.S.-led military operation to deliver aid to Somalis.o In response to the bombing of villages in the Republic of Bosnia and Herzegovina, the UN

authorized “all necessary means” to enforce “No -Fly Zones” over the area. o 1994- The failure of the international community to respond to the genocide in Rwanda

prompted intense investigations as to how this inaction could be avoided in the future.o International Tribunal in Former Yugoslavia (ICTY) and Rwanda (ICTR) were established with

jurisdiction over international criminal offenses such as genocide and crimes against humanity.

HUMANITARIAN INTERVENTION BY STATESPro-Interventionist

Collective or individual humanitarian intervention may be defended as not being force directed againstthe territorial integrity or political independence of the state concerned.

B. Anti- Interventionisto Armed intervention is necessarily force against a state’s territorial integrity and none of the

narrow exceptions for the use of force include humanitarian intervention.o The Security Council was subject to much criticism of its handling of the NATO bombings in

Kosovo and may re-evaluate the scope of humanitarian intervention.

THE HUMANITARIAN LAW OF ARMED CONFLICT Sources of the Law of Armed Conflicto Customary law and international treaties such as the Hague and Geneva Conventions are the

primary sources of armed conflict law.Protections Provided by the Hague and Geneva Conventionso Protection of the Individual

o Combatants (not only members of armed forces) are generally only protected bylimitations on weapons and tactics.

o Wounded, sick, or surrendered combatants are protected from further attack and mustbe provided with medical care.

o POWs must be treated humanely (no torture, experimentation or invasions of personal

dignity) and released upon the conclusion of active hostilities.o Civilians under enemy occupation must have various protected zones and delineated

rights under an occupied government.o Protection of Propertyo Military installations are subject to attack, but the commander of attacking forces must notify

the enemy.o Undefended buildings or towns are not to be attacked.o Medical facilities, works of art, and “cultural property” have special protection

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Conflicts Encompassed by the Geneva Conventions and Protocolso The Conventions in their entirety applies to international conflicts.o Only article 3, concerning the humane treatment of non-combatants, applied to civil

wars until Protocol II was adopted in 1977, detailing more provisions for conflictsbetween a state’s and dissident forces.

o Protocol I makes the Geneva conventions apply to wars of self-determination.Sanctions and Enforcement

o The Hague Conventions are regarded as customary international law following theNuremburg Tribunal.

o The Geneva Conventions contain provisions allowing individuals to be criminallyprosecuted for violations although they are not entirely self- administered; the parties’interests are safeguard by a neutral power or humanitarian organization.

o Protocol I expands the substantive rules and procedural mechanisms of the Convention forrepression of breaches.

o The Charter of the International Military Tribunal at Nuremburg provided for individualcriminal responsibility for crimes against peace, crimes against humanity, or war crimes.

o Anyone participating in the execution of a common plan for these crimes is responsiblefor all acts performed by any persons in the execution of the plan. The fact that anindividual was acting pursuant to orders is not a defense, but may be a mitigating factor.

SOURCES OF HUMAN RIGHTS LAW

Customary international law is important for its application to states not parties to treaties, as wellas its ability to supplement areas not addressed in treaties. It is difficult to establish, however,because of a lack of consistency in state practices and because it is ascertained by subjective analysis.Two Approaches to Customary International Lawo Objectivist/Sociological- universal and therefore binding on every state.o Participatory/Voluntarist- applies only to those states that participated in the custom.B. Establishment of an International Customo Quantitative factors include past state practice and duration of the state practice. To establish

custom definitively, the practice must be followed consistently by a number of statesrepresenting diverse geographic, economic, and social characteristics. Customary law may alsobe limited to a region or locality.

o A qualitative factor is opinio juris, the sense the legal obligation compelling states to follow acertain practice.

C. Resolutions and Recommendations of International Organizationso Resolutions are not legally binding, but are frequently used as evidence of customary

international law.D. Application of International Customary Lawo Customary law enjoys universal application, with two exceptions: clear and consistent objection

and historic departure from a rule.

E. Relationship Between Treaties and Customary International Lawo Treaties may be given equal weight with custom, prevail over custom, be proof of custom, orcodify custom. Generally, they are given equal weight.

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GENERAL PRINCIPLES OF LAW

A general principle of law is one so fundamental that it is a basic tenet in virtually every major legalsystem. The principles fill in the gaps left by treaties and customary law, but these gaps are becomingfewer. General principles continue to be applied in procedural matters and problems of international

judicial administration.

EXTRADITION

Obligation to Extraditeo In the absence of a treaty, there is no obligation to extradite. Some treaties provide that a state

cannot extradite its own nationals.B. Extraditable Offenseso Treaties often provide for extradition on grounds of double criminality, when the alleged

conduct is an offense in both the requisitioning and asylum state. A few treaties list extraditableoffenses.

C. Standard Treaty Limitations on Extraditiono Extradition may not be granted if the fugitive will be subject to discrimination.o The request for extradition might require sufficient prima facie evidence of guilt.o Most treaties contain exemptions for extradition for political offenses. Purely political offenses

include treason or espionage. Related political offenses have varying degrees of connectionbetween the crime and the political act. There is a growing trend to exempt acts of terrorismfrom treatment as political offenses.

o The requisitioning nation cannot prosecute an extradited person for offenses other than thosestated as the grounds for extradition.

o The crime must have been committed within the territorial jurisdiction of the requisitioningstate.

o Exceptions for crimes of a religious, fiscal, or military nature are often included.D. Methods to Avoid Extradition Treatieso A potential asylum state may deny a fugitive permission to enter or deport the individual as an

undesirable alien. Occasionally, states recover fugitives by abduction from the asylum state.

ENFORCEMENT OF HUMAN RIGHTS LAW IN THE U.S AND OTHER DOMESTICCOURTS

Because the United States has failed to ratify so many human rights treaties, enforcement of humanrights largely depends on the incorporation of custom into U.S law by the courts.The Alien Tort Statuteo The Statute gives the district jurisdiction over civil actions by an alien for a tort committed in

violation of the law of nations or a U.S. treaty.B. U.S. Treaty Lawo

The Supremacy Clause declares treaties to be on par with federal legislation. In the event of aconflict, the last in time prevails.o Self-executing treaties are directly enforceable in U.S. federal courts. Non-self-executing treaties

are only enforceable through implementing legislation. The Senate has characterized everyhuman rights treaty as non-self-executing.

o Every human rights treaty is accompanied by reservations, declarations, and understandings,such as the Senate declarations concerning a treaty’s non -self-executing status.

o The Death Penalty arguably violates international law, but the U.S. has a specific reservation tothe ICJ preserving it.

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o According to the Vienna Convention on Consular Relations, the counsel of any state whosenational is detained or arrested must be notified, and the person arrested must be informed oftheir rights.

o Despite growing recognition that sovereign immunity should not preclude prosecution forcertain international crimes, domestic courts continue to refuse consideration of such claims.

International Court of JusticeThe principal judicial organ of the United Nations (UN) Established in June 1945 by the Charter of the United Nations and began work in April 1946. The seat of the Court is at the Peace Palace in The Hague (Netherlands) It is the only one not located in New York among the six principal organs Role is to settle, in accordance with international law, legal disputes submitted to it by Statesand to give advisory opinions on legal questions referred to it by authorized United Nationsorgans and specialized agencies Composed of 15 judges (elected for nine years) by the United Nations General Assembly andthe Security Council. It is assisted by a Registry, its administrative organ Official languages are English and French. 1

ChambersThe Court has three types of chamber:the Chamber of Summary Procedure, comprising five judges, including the President and Vice-President,and two substitutes, which the Court is required by Article 29 of the Statute to form annually with aview to the speedy dispatch of business;

The current composition of this Chamber which, at the request of the parties, may hear and determinecases by summary procedure is as follows:Members:

President: Peter TomkaVice-President: Bernardo Sepúlveda-Amor

Judges: Abdulqawi Ahmed YusufXue Hanqin

Joan E. DonoghueSubstitute members:

JudgesLeonid SkotnikovGiorgio Gaja

Any chamber, comprising at least three judges, that the Court may form pursuant to Article 26,paragraph 1, of the Statute to deal with certain categories of cases, such as labour or communications;

in 1993, the Court created a Chamber for Environmental Matters, which was periodicallyreconstituted until 2006

In the Chamber’s 13 years of existence, however, no State ever requested that a case be dealtwith by it. The Court consequently decided in 2006 not to hold elections for a Bench for thesaid Chamber.

Any chamber that the Court may form pursuant to Article 26, paragraph 2, of the Statute to deal with aparticular case, after formally consulting the parties regarding the number of its members - and

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informally regarding their name - who will then sit in all phases of the case until its final conclusion,even if in the meantime they cease to be Members of the Court

No such chamber is currently active.First ad hoc chamber was formed in 1982 in the case concerning the Delimitation of the MaritimeBoundary in the Gulf of Maine Area between Canada and the United StatesSecond in 1985 in the case concerning the Frontier Dispute between Burkina Faso and the

Republic of Mali.Third was set up in March 1987 in the case concerning Elettronica Sicula S.p.A. (ELSI) between theUnited States of America and ItalyFourth was formed in May 1987 in the case concerning the Land, Island and Maritime FrontierDispute between El Salvador and Honduras.Every Chamber has comprised five members

INTERNATIONAL CRIMINAL COURT 2 On 17 July 1998, the international community reached an historic milestone when 120 Statesadopted the Rome Statute, the legal basis for establishing the permanent International CriminalCourt. Governed by the Rome Statute (The Rome Statute entered into force on 1 July 2002 afterratification by 60 countries) First permanent, treaty based, international criminal court Independent international organization, and is not part of the United Nations system but itmaintains a cooperative relationship with the U.N. Seat is at The Hague in the Netherlands Funded primarily by States Parties Also receives voluntary contributions from governments, international organisations, individuals,corporations and other entities The Court is composed of four organs. These are the Presidency, the judicial Divisions, theOffice of the Prosecutor and the Registry.

PresidencyResponsible for the overall administration of the Court, (with the exception of the Office of theProsecutor) Composed of three judges of the Court, elected to the Presidency by their fellow judges, for aterm of three years Current: Judg eSang-Hyun Song (Republic of Korea). Judge Sanji MmasenonoMonageng (Botswana) is First Vice-President, and Judge Cuno Tarfusser( Italy) is Second Vice-President.

Judicial DivisionsConsist of eighteen judges organized into the Pre-Trial Division, the Trial Division and theAppeals Division

Judges of each Division sit in Chambers which are responsible for conducting the proceedings ofthe Court at different stages Assignment of judges to Divisions is made on the basis of the nature of the functions eachDivision performs and the qualifications and experience of the judge. Current: Sang-Hyun Song (Republic of Korea), Sanji Mmasenono Monageng (Botswana), CunoTarfusser (Italy), Hans-Peter Kaul (Germany), Akua Kuenyehia (Ghana), Erkki Kourula (Finland),Anita Ušacka (Latvia), Ekaterina Trendafilova (Bulgaria), Joyce Aluoch (Kenya), Christine van den

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Wyngaert (Belgium), Silvia Alejandra Fernández de Gurmendi (Argentina), Kuniko Ozaki (Japan),Miriam Defensor-Santiago (Philippines), Howard Morrison (United Kingdom), Anthony T.Carmona (Trinidad and Tobago), Olga Herrera Carbuccia (Dominican Republic), Robert Fremr(Czech Republic) and Chile Eboe-Osuji (Nigeria).

Office of the Prosecutorresponsible for receiving referrals and any substantiated information on crimes within the

jurisdiction of the Court headed by the Prosecutor, Mrs. Fatou Bensouda (Gambia)

RegistryResponsible for the non-judicial aspects of the administration and servicing of the Court. the Registrar (elected by the judges for a term of five years) exercises his or her functions underthe authority of the President of the Court Current: Ms Silvana Arbia (Ital1y).

Other OfficesIncludes a number of semi-autonomous offices such as the Office of Public Counsel forVictims and the Office of Public Counsel for Defense which fall under the Registry.

REGIONAL SYSTEMS 3 Each system was created on the basis of a regional intergovernmental agreement establishingspecific obligations of signatory States. each system is a judicial or quasi-judicial decision-making body Under the regional systems, only States may be held accountable for human rightsviolations. In other words, States may be held accountable for a particular violation when it isattributable to the action of State agents, to those acting with the knowledge and acquiescenceof State agents, or to the State’s failure to protect individuals from the actions of non -Stateactors

Organization of American StatesInter-American Court of Human Rights and Inter-American Commission on Human Rights extends throughout the Western Hemisphere

The Court, conversely, may only examine contentious cases against States which have bothratified the American Convention and recognized the Inter- American Court’s jurisdiction(currently 21 States).

Council of EuropeEuropean Court of Human Rights (and defunct European Commission of Human Rights)and European Committee of Social Rights European Court of Human Rights has jurisdiction over complaints against all 47 Council ofEurope Member States , mandatory parties to the European Convention on Human Rights

African UnionAfrican Commission on Human and Peoples’ Rights and the African Court on Human andPeoples’ Rights The African Commission on Human and Peoples’ Rights may decide complaints against all 53Member States of the African Union, all signatories to the African Charter on Human and

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Peoples’ Rights (has jurisdiction to give advisory opinions and to decide contentious casesagainst the 26 States which have accepted its jurisdiction.) The nature and duties of each system’s organs, as well as the norms t hey interpret and apply,are established in regional treaties.

REGIONAL COURTSEuropean Court of Human Rights 4

International court set up in 1959Rules on individual or State applications alleging violations of the civil and political rights set outin the European Convention on Human Rights.The Court is based in Strasbourg, in the Human Rights Building. From here, the Court monitorsrespect for the human rights of 800 million Europeans in the 47 Council of Europe memberStates that have ratified the Convention.The Court has five Sections in which Chambers are formed. Each Section has a President, aVice-President and a number of other judges. The Grand Chamber is made up of 17 judges : the Court’s President and Vice -Presidents, theSection Presidents and the national judge, together with other judges selected by drawing oflots. The initiation of proceedings before the Grand Chamber takes two different forms: referral andrelinquishment. Referral : the parties may request referral of the case to the Grand Chamber after a chamber

judgment has been delivered. Such requests are accepted on an exceptional basis. A panel of judges of the Grand Chamber decides whether or not the case should be referred to the GrandChamber for fresh consideration.Relinquished : Chamber may relinquish a case to the Grand Chamber if the case raises aserious question affecting the interpretation of the Convention or if there is a risk ofinconsistency with a previous judgment of the Court.

African Court on Human and People’s Rights 5 Established by African countries to ensure and protect the human rights of Africa. The Court has its permanent seat in Arusha, the United Republic of Tanzania. Complements and reinforces the functions of the African Commission on Human and Peoples'Rights. was established by virtue of Article 1 of the Protocol to the African Charter on Human andPeoples' Rights on the Establishment of an African Court o n Human and Peoples’ Rights , (theProtocol) that was adopted by Member States of the then Organization of African Unity (OAU)in Ouagadougou, Burkina Faso, in June 1998.26 States have ratified the protocol. The Court has jurisdiction over all cases and disputes submitted to it concerning theinterpretation and application of the African Charter on Human and Peoples' Rights, the (theCharter), the Protocol and any other relevant human rights instrument ratified by the Statesconcerned. According to the Protocol (Article 5) and the Rules (Rule 33), the Court may receive complaintsand/or applications submitted to it either by the African Commission of Human and Peoples’Rights or State parties to the Protocol or African Intergovernmental Organizations.

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Contentious Jurisdiction of the Court : Under Article 3 of the Protocol, the Court has jurisdiction to deal with all cases and disputes submitted to it regarding the interpretation andapplication of the Charter, the Protocol and any other relevant human rights instrument ratifiedby the concerned States.Advisory Jurisdiction of the Court : Under Article 4 of the Protocol, the Court may, at therequest of a Member State of the African Union, any of the organs of the African Union, or anyAfrican organization recognized by the African Union, provide an opinion on any legal matterrelating to the Charter or any other relevant human rights instruments, provided that thesubject matter of the opinion is not related to a matter being examined by the Commission. Non-Governmental Organizations with observer status before the African Commission onHuman and Peoples’ Rights and individuals from States which have made a Declaration acceptingthe jurisdiction of the Court can also institute cases directly before the Court. As of October2012, only five countries had made such a Declaration. Those countries are Burkina Faso,Ghana, Malawi, Mali, and Tanzania. There are 11 judges of the court who are nationals of the Member States of African Union. The judges are elected for a six year or four year term renewable once. The Judges of the Court are elected, after nomination by their respective States, in theirindividual capacities from among African jurists of proven integrity and of recognized practical,

judicial or academic competence and experience in the field of human rights. The judges areelected for a six year or four year term renewable once. The President and Vice-President, who will be serving for two years a term, of the court areelected by the judges of the court. The President and VP may only be re-elected once. The President of the Court resides and works on a full time basis at the seat of the Court, whilethe other ten (10) judges work on a part-time basis.

Inter-American Court on Human Rights 6 based in San Jose Costa Rica autonomous judicial institution of the Organization of American States aimed at the applicationand interpretation of the American Convention on Human Rights and other treaties concerningthe same matter was established in 1979. In order to safeguard the essentials rights of man in the American continent, the Convention(American Convention on Human Rights) created two organs to promote the observance andprotection of human rights: the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights. During the ninth regular session of the OAS General Assembly the Statute of the Court wasapproved and in August 1980, the Court approved its Rules of Procedure which include theprocedure provisions. On November 2009 during the LXXXV regular session the new Rules ofProcedure entered into force, and they apply to all the cases currently brought before theCourt. On September 10, 1981, the Government of Costa Rica and the Court signed the HeadquartersAgreement. The Court consists of seven judges, nationals of the member states of the OAS. Judges of thesame State is not allowed.

judges of the Court serve for a term of six years and may be reelected only once. The terms ofoffice of the judges run from January 1 of the year following that of their election to December31 of the year in which their terms expire

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ArabThere is no existing regional human rights court in Arab. However, there is an existing ArabCharter on Human Rights (2004).Drafted in 1960.The League of Arab States adopted the first version of the Arab Charter on Human Rights in1994.Old version of the Charter has 43 Articles after the Preamble.The weakness spotted in the old version was the lack of any human rights enforcementmechanism.Newer version contains 53 Articles after Preamble.The 2004 Arab Charter on Human Rights must have seven ratifications to enter into force. Fivestates have signed:

o 1) Algeria 2)Egypt 3)Saudi Arabia 4)Tunisia 5)YemenOnly Jordan ratified it.

Asian Jun Susamoto wrote a paper proposing the establishment of an Asian Court on Human Rights.The Japan Federation of Bar Associations (JFBA)Varying political systems and economic development are the alleged reasons why it is difficult toestablish such court.ASEAN crea ted Intergovernmental Commission on Human Rights. It is Asia’s only internationalregion-level human rights organization.Asian Human Rights Commission

o independent, non-governmental body, which seeks to promote greater awareness andrealization of human rights in the Asian region

o founded in 1986o endeavors to achieve the following objectives stated in the Asian Charter

National Human Rights Institutionsare administrative bodies set up in to protect or monitor human rights in a given country

encouraged by the Office of the United Nations High Commissioner for HumanRights (OHCHR) which has provided advisory and support services, and facilitated access forNHRIs to the UN treaty bodies and other committees. NHRIs can be grouped together in two broad categories: human rightscommissions and ombudsmen have an explicit and specific human rights mandate and a broader mandate, which could includeresearch, documentation and training and education in human rights issues, than the classicalombudsman model which tends to work on handling complaints about administrativedeficiencies NHRIs are usually able to deal with any human rights issue directly involving a public authority.In relation to non-state entities, some national human rights institutions have at least one of thefollowing functions:

addressing grievances or disputes involving certain kinds of company (for instance state-owned enterprises, private companies providing public services, or companies thatoperate at the federal level)

addressing only certain types of human rights issue (for instance non-discrimination or labour rights)

addressing complaints or disputes raising any human rights issue and involving any company.

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Paris Principlesrelate to the status and functioning of national institutions for the protection and promotionof human rights. were defined at the first International Workshop on National Institutions for the Promotion andProtection of Human Rights held in Paris on 7-9 October 1991. list a number of responsibilities for national institutions, which fall under six headings: 1. A national institution shall be vested with competence to promote and protect humanrights.2. A national institution shall be given as broad a mandate as possible, which shall be clearly set

forth in a constitutional or legislative text, specifying its composition and its sphere of competence.3. A national institution shall, inter alia, have the following responsibilities:

(a) To submit to the Government, Parliament and any other competent body, on anadvisory basis either at the request of the authorities concerned or through the exercise of its power tohear a matter without higher referral, opinions, recommendations, proposals and reports on anymatters concerning the promotion and protection of human rights; the national institution may decideto publicize them; these opinions, recommendations, proposals and reports, as well as any prerogativeof the national institution, shall relate to the following areas:

(i) Any legislative or administrative provisions, as well as provisions relating to judicial organizations, intended to preserve and extend the protection of human rights; in thatconnection, the national institution shall examine the legislation and administrative provisions inforce, as well as bills and proposals, and shall make such recommendations as it deems appropriate inorder to ensure that these provisions conform to the fundamental principles of human rights; it shall, ifnecessary, recommend the adoption of new legislation, the amendment of legislation in force and theadoption or amendment of administrative measures;- 187 –

(ii) Any situation of violation of human rights which it decides to take up;(iii) The preparation of reports on the national situation with regard to human

rights in general, and on more specific matters;(iv) Drawing the attention of the Government to situations in any part of the

country where human rights are violated and making proposals to it for initiatives to put an end to suchsituations and, where necessary, expressing an opinion on the positions and reactions of theGovernment;

(b) To promote and ensure the harmonization of national legislation regulations andpractices with the international human rights instruments to which the State is a party, and theireffective implementation;

(c) To encourage ratification of the above-mentioned instruments or accession tothose instruments, and to ensure their implementation;

(d) To contribute to the reports which States are required to submit to United Nationsbodies and committees, and to regional institutions, pursuant to their treaty obligations and, wherenecessary, to express an opinion on the subject, with due respect for their independence;

(e) To cooperate with the United Nations and any other organization in the UnitedNations system, the regional institutions and the national institutions of other countries that iscompetent in the areas of the promotion and protection of human rights;

(f) To assist in the formulation of programmes for the teaching of, and research into,human rights and to take part in their execution in schools, universities and professional circles;- 188 –

(g) To publicize human rights and efforts to combat all forms of discrimination, inparticular racial discrimination, by increasing public awareness, especially through information andeducation and by making use of all press organs.

4. The composition of the national institution and the appointment of its members, whether bymeans of an election or otherwise, shall be established in accordance with a procedure which affords allnecessary guarantees to ensure the pluralist representation of the social forces (of civilian society)

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involved in the promotion and protection of human rights, particularly by powers which will enableeffective cooperation to be established with, or through the presence of, representatives of:

(a) Non-governmental organizations responsible for human rights and efforts to combatracial discrimination, trade unions, concerned social and professional organizations, for example,associations of lawyers, doctors, journalists and eminent scientists;

(b) Trends in philosophical or religious thought;(c) Universities and qualified experts;(d) Parliament;(e) Government departments (if these are included, their representatives shouldparticipate in the deliberations only in an advisory capacity).

5. The national institution shall have an infrastructure which is suited to the smooth conductof its activities, in particular adequate funding. The purpose of this funding should be to enable it to haveits own staff and premises, in order to be independent of the Government and not be subject tofinancial control which might affect its independence.- 189 –

6. In order to ensure a stable mandate for the members of the national institution, withoutwhich there can be no real independence, their appointment shall be effected by an official act whichshall establish the specific duration of the mandate. This mandate may be renewable, provided that thepluralism of the institution's membership is ensured.

ReferencesBooks Buergenthal, T., Shelton, D., & Stewart, D. P. (2009). International Human Rights in a Nutshell. West: St.Paul, MN.Donnelly, J. (1998). International Human Rights. : Westview Press: Boulder, Colo.Malanczuk, P. (1997). Akehurst's Modern Introduction to International Law. London: Routledge.Moeckli, D., Shah, S., Sivakumaran, S., & Harris, D. (Eds.). (n.d.). International Human Rights Law. OxfordUniversity Press: Oxford.Shaw, M. N. (2008). International Law (Sixth ed.). Cambridge: University Press.Smith, R. (2010). Texts and Materials on International Human Rights. London: Routledge.Online Resourceshttp://en.wikipedia.org/wiki/International_human_rights_lawhttp://www.hreoc.gov.au/education/hr_explained/1_defining.htmlhttp://www.ohchr.org/en/hrbodies/upr/pages/uprmain.aspxhttp://www.ohchr.org/en/hrbodies/upr/pages/BasicFacts.aspxhttp://en.wikipedia.org/wiki/Universal_Periodic_Reviewhttp://en.wikipedia.org/wiki/Refugee_lawhttp://www.geneva-academy.ch/RULAC/international_refugee_law.phphttp://www.geneva-academy.ch/RULAC/index.phphttp://www.geneva-academy.ch/RULAC/derogation_from_human_rights_treaties_in_situations_of_emergency.phphttp://www.ag.gov.au/Humanrightsandantidiscrimination/Humanrightsandthepublicsector/Humanrightsguidancesheets/Pages/Absoluterights.aspxhttp://en.wikipedia.org/wiki/International_Covenant_on_Economic,_Social_and_Cultural_Rightshttp://en.wikipedia.org/wiki/United_Nations_Charterhttp://www.unhcr.org/refworld/docid/3ae6b3930.htmlhttp://en.wikipedia.org/wiki/International_Bill_of_Human_Rightshttp://www.ohchr.org/EN/UDHR/Pages/CrossCuttingThemes.aspxhttp://www.hrea.org/index.php?base_id=104&language_id=1&erc_doc_id=5211&category_id=24&category_type=3&group=http://en.wikipedia.org/wiki/Universal_Declaration_of_Human_Rights

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http://en.wikipedia.org/wiki/International_Covenant_on_Civil_and_Political_Rightshttp://treaties.un.org/doc/db/survey/CovenantCivPo.pdfhttp://www.who.int/hhr/Civil_political_rights.pdfhttp://eycb.coe.int/compass/en/pdf/6_5.pdfhttp://treaties.un.org/doc/db/survey/CovenantCivPo.pdfhttp://www.who.int/hhr/Economic_social_cultural.pdfhttp://www1.umn.edu/humanrts/research/Philippines/International%20Covenant%20on%20Civil%20and%20Political%20Rights.pdfhttp://www.state.gov/documents/organization/169987.pdfhttp://www2.ohchr.org/english/law/ccpr.htmhttp://www2.ohchr.org/english/law/cescr.htmhttp://en.wikipedia.org/wiki/International_Criminal_Courthttp://en.wikipedia.org/wiki/International_Court_of_Justicehttp://www.icc-cpi.int/Menus/ICC/Structure+of+the+Court/Victims/http://www.icc-cpi.int/Menus/ICC/Structure+of+the+Court/Defence/http://www.icc-cpi.int/Menus/ICC/Structure+of+the+Court/Detention/http://www.icc-cpi.int/Menus/ICC/Legal+Texts+and+Tools/http://www.icj-cij.org/court/index.php?p1=1&p2=6http://www.bbc.co.uk/worldservice/people/features/ihavearightto/four_b/treaties_regional.shtmlhttp://www.ijrcenter.org/ihr-reading-room/regional/http://www.african-court.org/en/index.php/about-the-court/brief-historyhttp://www.icj-cij.org/court/index.php?p1=1http://www.icc-cpi.int/Menus/ICC/Structure+of+the+Court/Detention/http://www.ijrcenter.org/ihr-reading-room/regional/http://www.echr.coe.int/ECHR/EN/Header/The+Court/The+Court/The+Grand+Chamber/http://www.african-court.org/en/index.php/about-the-court/jurisdiction-3/other-departmentshttp://www.corteidh.or.cr/http://www1.umn.edu/humanrts/edumat/hreduseries/hereandnow/Part-1/from-concept.htmhttp://www.humanrights.com/what-are-human-rights/brief-history/the-united-nations.html