Enforcement of Human Rights and Sanctions

 The enforcement of human rights is a complicated business, given the different categories of rights involved.  There are two separate processes for implementing the human rights enshrined in the two covenants (the ICCPR and ICESCR).  Both processes can be ineffective and ignored by states and criticised by many who think that human rights is a domestic issue and should not be dealt with in the international stage.

Economic, Social and Cultural Rights It is difficult to enforce these rights since the ICESCR only encourages the states to do the best they can in providing these rights. Article 2 of the Covenant declares that the state only has to realise the economic, social and cultural rights ‘to the maximum of its available resources.’

 Therefore, since the financial situation of a state determines whether economic, cultural and social rights can be exercised and provided, a State may argue that it would rather use its resources to improve civil and political situations or for other more important needs.  Furthermore, states are required to submit progress reports every six years to describe success and any shortcomings. However, the ECOSOC committee faces the problem of states not submitting reports on time, reports that lack candor and do not provide an insightful view into the state of human rights and reports that are submitted just to fulfill the report obligation.

Civil and Political Rights  There are three ways to enforce civil and political rights: 1. Art 41 ICCPR: When a State Party makes an Article 41 declaration that another state party that has also made an Art 41 declaration is abusing civil and political rights. Then the HR Committee can choose to look into the situation and find a solution. This method, is however, rarely used.

2. Resolution 1503 of ECOSOC: Individuals and NGOs are allowed to submit complaints against a state. When received, the complaints are filed away. However, if several complaints come against the same state, the UN can decide to investigate. However, this method of enforcement has limited power as the violating state is merely pressured and not forced into improving.

3. Optional Protocol: Individuals are allowed to complain about their own country’s human rights violations at the international level if the state has agreed to the Optional Protocol. States are not obliged to ratify it and many have not. This method of enforcement is popular because individuals are given more power and human rights violations can be dealt with at the international level and not just at the domestic level.

 The Optional Protocol, however, has its limitations: 1.Only complaints regarding hr violations against an individual and not a group, can be filed. 2. All possibilities to resolve the situation domestically must be exhausted. 3. The HR Committee’s decision is not legally binding and most states blatantly ignore the Committee’s ruling.

Sanctions

 The UN uses ‘sanctions’ to combat violations of agreements regarding human rights among the member nations.  The term ‘sanction’ is not used in the UN Charter, but it describes the actions that the UN is allowed to take when s member state is in violation of an agreement.

Forms of Sanctions  Embargo  Suspension  Expulsion  Military Force

Embargo Embargo refers to a state authority limiting, interrupting or terminating a country’s economic activity.  Used during both war and peace  May include the import and export of goods, currency and even information.  Embargo is frequently used as a non-violent measure against states that pose as a threat to international security.

 Article 41 UN Charter:  the Security council decides what kind of embargo to impose.  May include complete or partial interruption of economic relations and of rail, sea, air, postal, telegraphic, radio and other means of communication and the severance of diplomatic relations. Eg: Embargo was placed on South Africa to combat Apartheid. There were restrictions on trade and S. African vessels were not allowed to use certain ports. The UNSC also recommended that ‘states should cease sales and shipment of arms, ammunition of all types and military vehicles to South Africa’. Eg: US Sanctions on Cuba

Suspension  Art 5 UN Charter: When advised by the Security Council, the General Council has the power to suspend the privileges of a member state.  The privileges can be reinstated by the Security Council. Eg: Greece suspended from emissions trading due to inaccurate records and high level of greenhouse gas emissions.

Expulsion  Expulsion refers to a withdrawal of a member state from the UN.  Expulsion is not voluntary withdrawal. It is a sanction – and done against the will of a nation.  Member states that have been expelled have usually repeatedly violated agreements states in various charters and conventions.  Expulsion is considered a very severe and serious form of sanction.

Military Force  This is the most serious, but least frequently used form of sanction.  Military force is used as a last resort.  Art. 2 UN charter: ‘All members shall settle their international disputed by peaceful means in such a manner that international peace and security, and justice are not endangered.’  If the UN Security Council deems peaceful sanction ineffective, it may recommend that other member states of the UN use military force against the offending nation.  military sanctions can range from carefully-targeted airborne assaults by bombers and military forces to invasion and occupation

Examples:  Israel's 1981 bombing of Iraq's Osirak nuclear reactor  15 year embargo on sales of F-16 fighter/bomber aircraft by the United States to Pakistan ( 1990 – 2005) in response to Pakistan's development of nuclear weapons