INTERNATIONAL HUMAN RIGHTS MECHANISMS:TREAT

Y AND NON-TREATY MECHANISMS

TodayNext three lectures

International and regional

What are the non-treaty mechanisms?

Security Council

General Assembly

OHCHR

Human Rights

Council

ICJ

”Mainstreaming” of human rights

Sec-Gen

”Mainstreaming” of human rights

«the issue of human rights has been designated as cutting across each of the four substantive fields of the

Secretariat’s work programme”

«the issue of human rights has been designated as cutting across each of the four substantive fields of the

Secretariat’s work programme”

“a major task for the United Nations, therefore, is to enhance its human rights programme and fully integrate it into the broad range of the Organization’s activities”

“a major task for the United Nations, therefore, is to enhance its human rights programme and fully integrate it into the broad range of the Organization’s activities”

The human rights dimension must be considered in all UN

activities

Who sits in the Charter bodies?

General Assembly

General Assembly Article 10Article 10

«May discuss any questions or any matters within the scope of

the present Charter»

Article 13Article 13«shall … make recommendations

for the purpose of … (b) … assisting in the realization of

human rights and fundamental freedoms for all»

• Adopt HR treaty texts before being opened to State accession

• Adopt non-binding declarations

• Country-specific or thematic resolutionsHugo Chavez, President of Venezuela calls

U.S. President George W. Bush ‘the devil’ (20 Sept 2006)

Anything goes…Third Committee

• Review reports

Human rights in the UN CharterHuman rights in the UN Charter

Determined … to reaffirm faith in fundamental human rights

Determined … to reaffirm faith in fundamental human rights

The purposes of the United Nations are … To achieve international co-operation in … promoting and encouraging

respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion;

The purposes of the United Nations are … To achieve international co-operation in … promoting and encouraging

respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion;

PreamblePreamble

Art. 1Art. 1

Arts. 55 and 56Arts. 55 and 56

The United Nations shall promote … universal respect for, and observance of, human rights and fundamental freedoms for all without distinction

as to race, sex, language, or religion.

The United Nations shall promote … universal respect for, and observance of, human rights and fundamental freedoms for all without distinction

as to race, sex, language, or religion.

All Members pledge themselves to take joint and separate action in co-operation

with the Organization for the achievement of the purposes set forth in Article 55.

All Members pledge themselves to take joint and separate action in co-operation

with the Organization for the achievement of the purposes set forth in Article 55.

Security Council

Security Council

What role have human rights played in the SC?What role have human rights played in the SC?

1989-1995

1995-1998

1998-today Assertive period

Active period

1945-1989 Dormant period

Awakening period

Human rights functions and responsibilities

included in mandates of peace operations

Human rights functions and responsibilities

included in mandates of peace operations

Grave human rights violations emerged as an

independent and sufficient justification to act

Grave human rights violations emerged as an

independent and sufficient justification to act

OHCHR

OHCHR

Secretariat to Human Rights Council

Secretariat to Human Rights Council

Independent mandate to promote

human rights

Independent mandate to promote

human rights

Oversees the «mainstreaming» of human rights in UN

Oversees the «mainstreaming» of human rights in UN

http://www.ohchr.org/EN/Pages/WelcomePage.aspx

Provides assistance to Member States

Provides assistance to Member States

ICJ

ICJ

Not a human rights court

Not a human rights court

Traditional exception: Diplomatic protectionTraditional exception: Diplomatic protection

Diallo case (2010)Diallo case (2010)

May deal with any legal dispute between

States

May deal with any legal dispute between

States

Rights of States

Rights of States

Rights of individualsRights of

individuals

Human Rights

Council

CreationCreationThe principal UN intergovernmental body responsible for human rights

The principal UN intergovernmental body responsible for human rightsMembershipMembership

Commission on Human Rights Human Rights Council

Number of Members 53 47

Geographic Breakdown Africa=15Asia=12Eastern Europe=5Latin America=11Western Europe/Other=10

Africa=13Asia=13Eastern Europe=6Latin America=8Western Europe/Other=7

Meetings 6 weeks (March/April) As needed (10-week min.)

Election ECOSOC General Assembly

Re-election No limit 2-term limit

Election Method Majority of ECOSOC Majority of UNGA

Election Campaign None Voluntary pledges and commitments

Suspension None By 2/3 of UNGA

Replaced the Commission on Human Rights

Replaced the Commission on Human Rights

The Commission on Human Rights

(1946-2006)Recognizing the work undertaken by the Commission on Human Rights and the need to preserve and build on its achievements and to redress its shortcomings,

Recognizing further that the promotion and protection of human rights should be based on the principles of cooperation and genuine dialogue and aimed at strengthening the capacity of Member States to comply with their human rights obligations for the benefit of all human beings,

The 2005 World Summit (September 2005): Create a Human Rights Council, leaving all details to be determined by the UN General Assembly with ”open, transparent and inclusive negotiations.”

UNGA res. 60/251 (2006)

HRC Resolution 5/1 (18 June 2007) and UNGA res. 62/434 (2007): Institution-building

Commission

Council

Election of states with dubious HR records

Election of states with dubious HR records

UN Sec-Gen reports «A More Secure World» and

«In Larger Freedom»

UN Sec-Gen reports «A More Secure World» and

«In Larger Freedom»“In recent years States have sought membership

of the Commission not to strengthen human rights but to protect themselves against criticism

or to criticize others.”

“In recent years States have sought membership of the Commission not to strengthen human

rights but to protect themselves against criticism or to criticize others.”

Suggested universal membership

Suggested universal membership

Suggested limitation criterion: Chapter VII action

Suggested limitation criterion: Chapter VII action

Compromise: Non-universal membership without

limitation criteria

Compromise: Non-universal membership without

limitation criteria

HUMAN RIGHTS COUNCIL

HUMAN RIGHTS COUNCIL

19 June 2006: First session of the Council

HUMAN RIGHTS COUNCIL

HUMAN RIGHTS COUNCIL

Palais des Nations, Geneva

HUMAN RIGHTS COUNCIL

HUMAN RIGHTS COUNCIL

Mandate: Promote and protect the human rights of people throughout the world

All “mandates, mechanisms, functions and responsibilities” of the Commission transferred to Council

All “mandates, mechanisms, functions and responsibilities” of the Commission transferred to Council

FunctionsFunctions

Universal periodic review

Universal periodic review

Complaints procedureComplaints procedure

Special procedures

Special procedures

Expert adviceExpert advice

HUMAN RIGHTS COUNCIL

HUMAN RIGHTS COUNCIL

Forum for dialogue

Forum for dialogue

HUMAN RIGHTS COUNCIL

HUMAN RIGHTS COUNCIL

Universal Periodic Review

Universal Periodic Review

The most important reform

Louise Arbour, former HCHR: The UPR is a formidable response to the weaknesses of the CHR. It

could ”provide a vehicle for scrutiny of the implementation of

rights and norms beyond anything ever attempted by the

CHR.”

Ban Ki-moon, UN Sec-Gen: The UPR is ”strong and meaningful.”

It is capable of sending a ”clear message that all countries will have

their human rights record and performance examined at regular

intervals.” It ”has great potential to promote and protect human rights in

the darkest corners of the world ”

Joint NGO Statement: ”One of the most signficant

innovations in the new HRC.”

HUMAN RIGHTS COUNCIL

HUMAN RIGHTS COUNCIL

Universal Periodic Review

Universal Periodic Review

The most important reform

• A country assessment mechanism

• All UN Member States are subject to review, once every four years

• Based on interactive dialogue (not confrontation)

HUMAN RIGHTS COUNCIL

HUMAN RIGHTS COUNCIL

Universal Periodic Review

Universal Periodic Review

Information considered

Standards applied:UN Charter, UDHR, HR instruments, HR voluntary

pledges, international humanitarian law Information considered:

from State under reviewfrom UN entitiesfrom others (NGOs, NHRIs)

HUMAN RIGHTS COUNCIL

HUMAN RIGHTS COUNCIL

Universal Periodic Review

Universal Periodic Review Procedure

• Review conducted by the UPR Working Group (HRC)• “Troika” of States acts prepares outcome report• UPR Working Group considers the report• Report is considered and adopted by HRC

– Not a “judgment”

• Outcome report “should be implemented”

HUMAN RIGHTS COUNCIL

HUMAN RIGHTS COUNCIL

Universal Periodic Review

Universal Periodic Review Recommendations

• Ratify human rights treaties• Remove reservations to human rights treaties• Review problematic policies or laws• Implement specific recommendations made by UN

Treaty Bodies or special procedures

The State can either accept or reject

recommendations

Commission

Council

Complaints proceduresComplaints procedures

1947: The «no power» doctrine

1947: The «no power» doctrine

1967: The «1235 procedure»

1967: The «1235 procedure»

1970: 1970:

2006: The Council shall maintain

a complaint procedure

2006: The Council shall maintain

a complaint procedure

Must address ”consistent patterns of gross and reliably attested

violations of all human rights and all fundamental freedoms

occurring in any part of the world and under any circumstances”

Must address ”consistent patterns of gross and reliably attested

violations of all human rights and all fundamental freedoms

occurring in any part of the world and under any circumstances”

Confidential procedureConfidential procedure

Working Group on Communications

Working Group on Communications

Working Group on Situations

Working Group on Situations

Human Rights Council in plenary session

Human Rights Council in plenary session

HUMAN RIGHTS COUNCIL

HUMAN RIGHTS COUNCIL

The «1503 procedure»

Country-specific mandates

Country-specific mandates

Thematic mandatesThematic mandates

Special rapporteur

Special rapporteur

Independent experts

Independent experts Working groupWorking group

CommunicationsCommunications Country visitsCountry visits ReportsReports Public statements

Public statements

HUMAN RIGHTS COUNCIL

HUMAN RIGHTS COUNCIL

Special procedures

Special procedures