Dr.T.S.N.Sastry Prof & Head, Dept.IPR TNDALU Chennai 28 United Nations And the Human Rights Mechanism

Introduction  Though Human Rights gained currency at the national level, they can be better protected only when they are recognised at the international level.  With the establishment of the UN, the Charter gave impetus to the human rights for the first time at the international level by adopting them as part of international law.

 Apart from the Preamble, Arts 1,8,13,55,56,62,68 &76 deals the provisions of human rights  In exercise of its powers, the General Assembly through a resolution in April 2006, established the Human Rights Council by abolishing the Commission on Human Rights  Apart from the Council the General Assembly, Security Council, ICJ, ICC and other organs of it also take the responsibility in implementing the human rights that are guaranteed under various Declarations, Covenants, Conventions and resolutions. The Regional organisations too take steps within their region for their augmentation.

 Taking into consideration of Art.68, in the year 1946, the ECOSOC has established the Commission on Human Rights on Feb16,1946 under the Chairmanship of Mrs. Eleanor Roosevelt, which became a permanent body on 21June By the date of abolition, the Commission had 53 member states.  Mandate of the Commission  To prepare recommendations and reports on  International Bill of Rights  International Declarations or conventions on civil liberties, Women, Protection of Minorities etc  Prevention of Discrimination on Sex,race, Language,religion  Any other matters apart from the above

Procedure of the Commission  Only members are entitled for vote. Others can participate in its discussions. The Debates of it are open to all including the public of the world.  Activities  It mainly concentrates on the violations of human rights. Under its auspices the Covenant on Human Rights and Economic, Social and Cultural Covenants came into existence in  It investigates all the violations against human rights country wise. It also dispatches individual Rapporteurs to various countries  It has also appointed fact finding machines in 70’s and 80’s. In the 90’s it turned its attention to advisory service and technical assistance to the needy states.

Sub-commission on the prevention of discrimination and protection of minorities  This sub commission was established on 21 June 1946, to prevent atrocities against minorities. It studies all aspects of injustice done to minorities in a state and highlights the steps need to be taken by the Commission. Its name has been changed in 1999 and the sub-commission on the promotion and protection of Human Rights in view of its wide ranging activities.  It meets annually and report its activities to the Commission on Human Rights

 The Commission on Human Rights works in coordination with other bodies and commissions such as the Commission for Social Development, Commission for Women, Crime Commission.  Centre For Human Rights  The centre was established as an independent organ to assist the Commission and other bodies of the UN. Its importance was stressed by the 1993 World Conference on Human Rights It always provided the required help to many States on request including the drafting of their constitutions. In 1997 it was made a part of the UN High commissioner for Human Rights.

High Commissioner for Human Rights  In 1967 the ECOSOC recommended to the G.A. to establish the OHCHR. However, its was established in 1993 by the G.A. in order to promote the enjoyment by al of all civil, social political, economic and cultural rights.  The high Commissioner is appointed by the Secretary General with the approval of the G.A.  Louise Arbour is the Present High commissioner  The High Commissioner is given specific responsibilities which are as follows:

1. To promote and protect the enjoyment of all human rights including right to development 2. To provide advisory services, technical and financial assistance to States 3. To co-ordinate the UN education and Public information programmes 4. To play an active role in removing the obstacles to the full realization of human rights and in preventing the continuation of human rights violations throughout the world

5 To engage in a dialogue with Governments in order to secure respect for human rights 6 To enhance international cooperation for the promotion and protection of human rights 7 To coordinate human rights promotion and protection activities throughout the UN 8, To rationalize, adapt, strengthen and streamline the UN machinery in the filed of human rights in order to improve its efficiency and effectiveness.

OFFICE OF THE UN HIGH COMMISSINER FOR HUMAN RIGHTS  The High Commissioner oversees all the activities of human rights and the organs of the Commission  The high Commissioner supports the research and other activities of the member states in the field of human rights  It also assists the states in the formulation, communication, implementation and evaluation of policies practices and other activities in the filed of human rights

ORGANIZATIONAL STRUCTURE The High Commissioner is assisted by Treaties and Commission Branch, The Special Procedures Branch; The Research and Right to Development Branch and the Capacity Building and Field Operations Branch. Apart from the above it is assisted by its Executive Office The High Commissioner is assisted by Treaties and Commission Branch, The Special Procedures Branch; The Research and Right to Development Branch and the Capacity Building and Field Operations Branch. Apart from the above it is assisted by its Executive Office Apart from the all the above, the Administrative Services, Resource Mobilization Unit, Planning, Monitoring and Evaluation unit, Public Information Unit and Public Affairs Unit assists the High Commissioner in its activities. Apart from the all the above, the Administrative Services, Resource Mobilization Unit, Planning, Monitoring and Evaluation unit, Public Information Unit and Public Affairs Unit assists the High Commissioner in its activities.

Functions Promotes Universal enjoyment of all human rights by giving practical effect to the will and resolve of the world community Promotes Universal enjoyment of all human rights by giving practical effect to the will and resolve of the world community Leading role on HR issues and emphasizes the importance of HR at the international level Leading role on HR issues and emphasizes the importance of HR at the international level International Cooperation for HR International Cooperation for HR Stimulates and coordinates cooperation for HR though out the UN system Stimulates and coordinates cooperation for HR though out the UN system Promotes Universal ratification and implementation of international standards Promotes Universal ratification and implementation of international standards

Assists in the development of new norms Assists in the development of new norms Supports HR organs and treaty monitoring bodies Supports HR organs and treaty monitoring bodies Responds to serious violations of HR Responds to serious violations of HR Undertakes preventive HR action Undertakes preventive HR action Promotes the establishment of national Human rights infrastructures Promotes the establishment of national Human rights infrastructures Undertakes HR field activities and operations Undertakes HR field activities and operations Provides education, information, advisory services and technical assistance in the field of HR Provides education, information, advisory services and technical assistance in the field of HR

HUMAN RIGHTS HOT LINE The High Commissioner established in 1994 a 24 hour hot line to receive the complaints from the victims of Human Rights or their relatives or NGO’s. The High Commissioner established in 1994 a 24 hour hot line to receive the complaints from the victims of Human Rights or their relatives or NGO’s. It is proved to be a vital link between the nation states and the UN High Commissioner for Human Rights in assisting the victims throughout the World. It is proved to be a vital link between the nation states and the UN High Commissioner for Human Rights in assisting the victims throughout the World.

 Implementation of human rights at the international level is a difficult preposition for the following reasons.  ICJ and ICC are open only to States  Their jurisdiction depends upon the choice of states  No international mechanism to implement the mandate of the International Organs.  Even any steps are taken by UN, it is considered as interventionist act.  However a variety of bodies tries their best to implement human rights to a great extent Implementation and Monitoring

Conventional Mechanism Seven core human rights treaties established various mechanisms Human Rights Committee by ICCPR Human Rights Committee by ICCPR Committee on Economic, Social and Cultural Rights by ICESCR Committee on Economic, Social and Cultural Rights by ICESCR Committee on CEDAW Committee on CEDAW Committee Against Torture Committee Against Torture Committee on Rights of the Child by CRC Committee on Rights of the Child by CRC Committee on Racial Discrimination Committee on Racial Discrimination Committee on the Rights of Migrant Workers and Members of their families Committee on the Rights of Migrant Workers and Members of their families

Extra Conventional Mechanism The Commission on Human Rights and other Commissions Take various steps to protect and promote human rights of all. The Commission on Human Rights and other Commissions Take various steps to protect and promote human rights of all. The Human Rights Commission established in 1946 has now been replaced with the Human Rights Commission in 2006 in order to remove the shortcomings and to have a better augmentation through a permanent entity with more independence. The Council is established with a five year test period. The Human Rights Commission established in 1946 has now been replaced with the Human Rights Commission in 2006 in order to remove the shortcomings and to have a better augmentation through a permanent entity with more independence. The Council is established with a five year test period.

Membership of the Council Membership is open to all States. 47 Members are elected directly and individually by secret ballot by the members of the G.A. Membership is open to all States. 47 Members are elected directly and individually by secret ballot by the members of the G.A. The Members will serve for three years without any chance for re-election The Members will serve for three years without any chance for re-election The members are elected on equitable geographical representation Africa (13);Latin America and Caribbean (8);West EU and other States (7); Asia (13) Eastern Europe (6) The members are elected on equitable geographical representation Africa (13);Latin America and Caribbean (8);West EU and other States (7); Asia (13) Eastern Europe (6)

Qualifications States should nominate persons highly competent in human rights and made a mark of themselves and pledge for working for human rights only be nominated, States should nominate persons highly competent in human rights and made a mark of themselves and pledge for working for human rights only be nominated, If any member of the Council is found violate are commit gross violations to the promotion of human rights may be suspended by a majority vote of the G.A. If any member of the Council is found violate are commit gross violations to the promotion of human rights may be suspended by a majority vote of the G.A.

Functions of the Council Promotes HR education and learning as well as advisory services, technical assistance and capacity-building to be provided in consultation with and with the consent of the Member States Promotes HR education and learning as well as advisory services, technical assistance and capacity-building to be provided in consultation with and with the consent of the Member States Serve as a forum for dialogue on thematic issues on all human rights Serve as a forum for dialogue on thematic issues on all human rights Recommends to the G.A. for further development of international law in all fields of human rights Recommends to the G.A. for further development of international law in all fields of human rights

Promote the full implementation of human rights obligations undertaken by states and follow-up to the goals and commitments related to the promotion and protection of human rights emanating from UN Promote the full implementation of human rights obligations undertaken by states and follow-up to the goals and commitments related to the promotion and protection of human rights emanating from UN To undertake a review based on objective and reliable information from the states and suggests the strategies and appropriate models to be implemented To undertake a review based on objective and reliable information from the states and suggests the strategies and appropriate models to be implemented

Contribute through dialogue and cooperation towards the prevention of human rights violations and respond promptly to human rights emergencies Contribute through dialogue and cooperation towards the prevention of human rights violations and respond promptly to human rights emergencies Assume the role of the Commission of Human Rights relating to the OHCHR according to the G.A. resolution 48/141,1993 Assume the role of the Commission of Human Rights relating to the OHCHR according to the G.A. resolution 48/141,1993

Work in close coordination with the States, regional organizations, national human rights institutions and the civil society Work in close coordination with the States, regional organizations, national human rights institutions and the civil society Make recommendations with regard to the promotion and protection of human rights Make recommendations with regard to the promotion and protection of human rights Submit annual reports to the G.A. Submit annual reports to the G.A. Review and where necessary improve rationalize mandates, mechanisms, functions and responsibilities of the CHR. Review and where necessary improve rationalize mandates, mechanisms, functions and responsibilities of the CHR.

It should meet regularly throughout the year and schedule no less than three sessions per year including a main session for total duration of not less than ten weeks and should conduct special sessions if necessary on important areas. It should meet regularly throughout the year and schedule no less than three sessions per year including a main session for total duration of not less than ten weeks and should conduct special sessions if necessary on important areas. From June 2006 on words it has already prepared huge reports on the situation of human rights and taking various steps to be recommended to the G.A. especially in the HR education sector From June 2006 on words it has already prepared huge reports on the situation of human rights and taking various steps to be recommended to the G.A. especially in the HR education sector

Conclusion From the days of colonial bent of mind till date the States have passed through various phases. Compare to yester years they are ready to abide by the principles of international law of human rights to a great extent. From the days of colonial bent of mind till date the States have passed through various phases. Compare to yester years they are ready to abide by the principles of international law of human rights to a great extent. However, what ever steps are taken and institutions are established ethically, morally, legally states should come together and try to eliminate the ego clashes. At the same time, the people of various societies should come forward to strengthen the hands of the comity of nations. However, what ever steps are taken and institutions are established ethically, morally, legally states should come together and try to eliminate the ego clashes. At the same time, the people of various societies should come forward to strengthen the hands of the comity of nations. As rightly said by Mary Robinson, whether it is London or Luanda human beings are same and their rights need to be preserved and protected at all times. As rightly said by Mary Robinson, whether it is London or Luanda human beings are same and their rights need to be preserved and protected at all times.